Opinion - Editorials

Revamping the criminal justice system

ECONOMIC REFORM HAS been much more than a buzzword during the last decade, but the country has made very little progress in the area of judicial reform. In this connection, while the Government has taken some steps to streamline the civil justice delivery system, a radical reform of the criminal justice system awaits the recommendations of the Malimath Committee. The work of the committee, which recently circulated detailed questionnaires seeking public opinion, takes place against a backdrop of growing cynicism as the criminal justice system hobbles along with an appallingly poor conviction rate and with millions of pending cases. Such deficiencies in the system contribute to an increase in criminal activity and to an ever-increasing spiral of cynicism and crime.

Revamping the criminal justice system is a holistic exercise and requires wide-ranging measures which include formulating changes in laws, streamlining procedures and developing new techniques for the management of the crime problem. Not surprisingly, the terms of reference of the Malimath Committee are broad and expansive — including as they do an examination of the constitutional provisions relating to criminal jurisprudence and an examination of whether the Code of Criminal Procedure, the Indian Penal Code and the Indian Evidence Act require to be altered in tune with the demand of the times. While such an exercise is worthwhile and necessary, what the criminal justice delivery system requires above all are specific and pragmatic steps to streamline the complex judicial procedures so that justice is rendered to everyone quickly, effectively and inexpensively. As in many other areas, the real key to effective criminal justice reform lies not so much in making sweeping changes in the law but in the manner in which the system is administered.

In this connection, the Committee's job of formulating a system which makes the police, the prosecution and the Judiciary accountable for delays in the criminal justice delivery system may be regarded as one of its key assignments. Given the kind of delays which afflict the system, the pursuit of justice is often such a painfully tedious process that it results in the unfortunate feeling that it is a sheer waste of time. A frequent characteristic which attends discussions of the sluggishness of the justice delivery system is that each side blames the other for it. Only a holistic proposal which forces everyone to assume responsibility for the process of delivery at different stages in the pendency of investigation and trial will be effective in preventing undue delays. Such delays cannot — as we have witnessed over the years — be prevented by mere judicial directives to ensure speedy trial in cases.

The Malimath Committee is also examining the feasibility of introducing the concept of "federal crime", which presumably is constituted by criminal acts which have national (even international) ramifications. Organised crime in this country has assumed a shape which transcends the borders of States and against such a background it is absolutely essential to have appropriate mechanisms to deal with it. At the same time, any proposal in this connection has to be advanced with a great deal of sensitivity. The States are generally apprehensive about any arrangement which could be perceived as encroaching upon their control over law and order issues. The stiff resistance put up recently by some States over the Centre's proposal to set up a Federal Law Enforcement Agency is a case in point. But with the changing face of the world of crime, the need for wider mechanisms to tackle the phenomenon cannot be ignored. There is no reason why an arrangement which balances the compulsions of federation with the concerns of the nation cannot be evolved.

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