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Bar Council of Delhi Urges Home Minister to Involve Bar Councils in framing Criminal Law Reforms

Courtesy/By: Eisha Singh | 2020-07-01 16:54     Views : 321

The Bar Council of Delhi, in a letter, addressed to the Union Home Minister Amit Shah, has sought the inclusion of Bar Council of India and State Bar Councils representatives in the Central Committee for Reforms in Criminal Law.

The letter stated that the Indian legal community is home to a lot of well-experienced criminal law experts. Having extensively dealt with many criminal cases, they will prove to be of great help to the government in bringing a better legal system by suggesting appropriate amendments.

The current legal system has failed to provide justice and protection to the weak and vulnerable sections of our county. This has raised concerns about the fact that the law has neither been able to prevent crimes nor convict criminals. Asserting this, the Council, through their letter, calls for a drastic revamp of the legal system. It also seeks that extensive brainstorming is done so as to bring a change and ensure that the interest of the masses is reflected in the legislation.

As an illustration, the Council added specific pointers to the letter, indicating how no change has been seen in the number of crimes over the years. One of these examples was the reform that came about after the Nirbhaya gangrape and murder case, and how the amendments "proved inconsequential to reduce crime". Another case highlighted in the letter was that of the killing of the four people, accused in the Hyderabad rape and murder case, in an what the officials called an encounter". It stated that although the incident was celebrated by much of the public in the country, it was nothing but a huge example of the systemic failure of our legal system.

The letter, signed by BCD Chairman, Advocate KC Mittal, also quoted CJI SA Bobde having said that "Justice loses its character if it becomes revenge."

It is noted that agitations and protests across the country make it very evident as to how discontent the public is with the current system. One of the reasons for the loss of faith of the public in the criminal justice system is the inefficiency and laid-back attitude of the police.

The letter, in a very straightforward and blunt manner, pointed out that even after repeated directions from the judiciary, no police reforms have been brought in the country. Governments have changed over the years and yet nothing has been done. The police investigations are still tardy and sluggish, officers are dishonest, and all of this has led to the very foundations of cases being weak, leaving the courts helpless to convict any accused, due to lack of evidence.

The Government's decision to review and amend the criminal justice system has been appreciated but it has also been urged by the BCD to include experienced people of the Bar Council of India, the State Bar Councils, and other legal experts who can provide finer inputs through their experiences.

It has been highlighted that during criminal proceedings, lawyers tend to notice many loopholes and lapses in the law, which may cause a delay in the provision of justice. This experience will be tremendously helpful in bringing about changes during the drafting or amendment of the law.

Courtesy/By: Eisha Singh | 2020-07-01 16:54