Mumbai: Outdated infrastructure threaten new laws

Activists fear new laws will overburden courts. Representation pic

Human rights activists have expressed concern about the implementation of the three new criminal laws - Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Surkasha Sanhita (BNSS), and Bharatiya Sakshay Adhiniyam (BSA) of 2023, effective July 1. They have highlighted the significant gap between judicial vacancies and filled positions, which may hinder the effective implementation of these laws in court proceedings. The activists seek clarity on various aspects of the new laws, adopting a cautious approach to ensure that the changes ultimately serve the best interests of the common man and deliver justice in its true spirit.

Burdened system

"The implementation of the new criminal laws will precipitate a host of new problems. There are hundreds of thousands of cases pending in criminal courts. What is not clear is in how many of these cases the prosecution will insist on applying the Bharatiya Nagrik Suraksha Sanhita (BNSS) even though the cases were registered under the CrPC," said Venkatesh Nayak, Director Commonwealth Human Rights Initiative (CHRI), New Delhi.

Unanswered questions

Venkatesh cited an example, "The BNSS permits conducting criminal trials via video conferencing. Will a court allow a prosecution's application to conduct an ongoing CrPC trial through video conferencing, citing inadequate police personnel to escort the accused from jail to court? The readiness of jails and courts with facilities for virtual trials is questionable, and there's little information on infrastructural capacity. Even with the infrastructure, internet reliability remains a concern. Additionally, conducting trials with the accused in jail hinders real-time communication with their lawyer. Will witnesses also testify remotely, and if so, how will judges assess their body language? These issues highlight significant challenges in implementing the new criminal laws."

Vacant posts

"The Supreme Court has endorsed time and again the Law Commission's 120th Report that a judge-to-population ratio of fifty judges per million be achieved. However, according to the central government, at present, the judge-population ratio in the country works out to be approximately 21 judges per million. This is because there are just too few posts of judges sanctioned in the first place. In the case of high courts, the sanctioned strength of judges has increased from 906 in 2014 to 1,114 judges, as of December 2023, with a total of 208 new posts of high court judges being created since 2014," said Valay Singh, project lead India Justice report.

Without preparation

"The new codes are being brought in without adequate preparation and investment to increase human resources and their training or physical infrastructure, like enough courts, video conferencing facilities, or even uninterrupted power connectivity. According to some media reports, only 1/3 of the 20 lakh-odd strong police force has been trained in the BNS. We don't know how many judges, and court staff has been trained given their existing workloads and responsibilities. The average ordinarily rural and urban poor litigant's needs must be kept in mind on a priority basis otherwise it will be the last person in Gandhiji's proverbial queue who would suffer the most," Singh added.

25,439
No. of district judicial officers as of December 2023