Conference on ‘India’s Progressive Path in Administration of Criminal Justice System’ concludes

Syllad | The Rising MeghalayaMay 20, 2024

The two-day-long conference on the theme of ‘India’s Progressive Path in the Administration of Criminal Justice System’ organized by the department of legal affairs under the Ministry of Law and Justice concluded here on Sunday evening.

In his valedictory address, Assam governor Gulab Chand Kataria said that the learning and takeaways from the conference will have a catalytic impact on the effective implementation of these three new laws. 

“They mark a tectonic shift from the earlier laws that were meant to subserve the colonial interest and thus instils pride in the heart of every Indian by shedding of the vestiges of colonial legal legacy not only in Assam but also in the entire region,” Kataria said.

Kataria also emphasized how these laws have been made humane in their approach. He also made special mention of the provisions relating to hit-and-run cases, crimes against women and doing away with the provisions of sedition.

Addressing the gathering Chief Justice of Gauhati High Court Vijay Bishnoi mentioned that the new laws are a step in the right direction in modernizing and contemporizing our legal system. Their effectiveness shall be tested over some time once they are implemented, any improvements that might be required could be considered as we go along.

“Law has to percolate to the last man on the street to be effective. In this context he appreciated the outreach initiatives made by the Ministry of Law and Justice through conferences like this,” Bishnoi said.

He also detailed the various steps taken by the Gauhati High Court in collaboration with Assam Judicial Academy for capacity building of judicial office.

Judge Gauhati High Court Justice Manas Ranjan Pathak flagged the need for sensitizing the general public and the training and orientation of all those involved in the implementation of these new laws. 

In his speech, National Law University and Judicial Academy (NLUJA), Assam Vice Chancellor Justice (Rtd) Mir Alfaz Ali highlighted that the new laws can be successfully implemented in the interest of the common man only if there is a change in the mindset of the implementing stakeholders, who must understand the philosophy and spirit of these new laws which mark a transition from the colonial to the nationalistic and citizen-centric approach.

At the outset of the valedictory session Dr Rajiv Mani, Secretary, Department of Legal Affairs summed up the deliberations of the two-day conference and highlighted the points that emerged therefrom.

Earlier during the day, three technical sessions were held, each devoted to the three new laws. 

The first Technical Session was chaired by Justice Soumitra Saikia, Judge, Gauhati High Court. Other panellists included Sangita Pradhan, deputy solicitor general, Sikkim, Ipsita Borthakur, special judge (POCSO) Nagaon and Amal Deo Chavan, associate professor, NLUJA, Assam. 

The session focused on several key elements of the Bharatiya Nyaya Sanhita (BNS). It highlighted the evolution from a punitive approach (‘danda’) to a justice-oriented one (‘nyaya’) within the legal framework. Notably, the restructuring of offences included a specific section dedicated to crimes against women and children, aiming to enhance the accessibility and comprehensibility of the law for all.

Justice Soumitra Saikia, elaborated on the provisions of Section 69, with a focus on cases where consent is obtained through deceit.

Sangita Pradhan, deputy solicitor general, Sikkim High Court elaborated on the new provisions such as the revised definition of movable property in the BNS, the inclusion of terms such as “cybercrime”, “digital electronic records” and “digital fraud,” which are designed to assist investigators and lawmakers alike.

Ipshita Borthakur, special judge (POCSO), Nagaon, presented a comparative analysis of the provisions of the special POCSO Act, and provisions made for protecting the women and children in BNS.

Amol Deo Chavhan, associate professor, NLUJA, called these new reforms a transformative journey from breaking colonial chains and moving towards Swaraj, and then from Swaraj to justice.

The session also focused on the introduction of community service as a punitive measure which signals a shift towards a more equitable reformative and restorative legal stance.

The second technical session was chaired by Justice Devashis Baruah, Judge, Gauhati High Court who delved into the ramifications of the procedural changes introduced by the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) and how the judicial and police officers are to deal with them and its practical implications for the functioning of the judiciary and law enforcement agencies. This session offered a thorough examination of India’s newly enacted Bharatiya Sakshya Adhiniyam (BSA) 2023, which provides provisions for artificial intelligence and data protection and also modernizes evidence law by acknowledging electronic and digital records.

The third Technical session was chaired by Justice Arun Dev Choudhury, Judge, Gauhati High Court and Khomdram Samarjit Singh, Deputy Solicitor General, Manipur High Court, E Chandrasekaran, advocate, Madras High Court and Neeraj Tiwari, Assistant Professor, NLU Delhi as other panellists.

The conclusion of the conference not only created a platform for fruitful exchange and collaboration among legal luminaries, practitioners, law enforcement agencies, policymakers, academicians, public prosecutors and other stakeholders from across the northeastern states but also a spirit of enthusiasm by enriching the participants about the three new legal reforms.