India's Justice System: Delayed Proceedings, Right to Protest, and Police Reforms | Assignments Law of Evidence

Death Penalty in Nirbhaya Case

The death penalty has been a subject of debate for a long time now. While opinions differ as to

the imposition of the death penalty as a form of punishment altogether; India remains one of the

few countries that still impose death penalty – limiting it however, to rarest of rare offences. It

becomes a matter of concern when it takes 8 long years for criminal proceedings to take their

course, as seen in the 2012 Delhi gang rape case (Nirbhaya case). It takes even more years in

various other cases. Speedy justice and quick action are thus required even for death row

offences. As seen in the case, convicts continue to file curative petitions post issuance of death

warrants. This creates inordinate delay in the justice system and also works towards wastage of

state resources. A time-bound filing of curative petition shall help in preventing unnecessary

delays and increase executive and judicial efficiency. It should be ensured that curative petitions

remain time bound not in cases of death penalty, as sought in the petition at hand; but a time

limit is extended to curative petitions in general to make sure speedy delivery of justice.

It took the justice system seven long years to reach a final decision. Our procedures and policies

need serious introspection to better serve justice.

Fast track courts are the need of the hour. We cannot have survivors and their families

relive the trauma over and over again as they wait for justice. Rape, sexual assault and

murder are heinous crimes and have a long-lasting impact of physical, emotional and

mental health. The justice system must be quick to respond and help them find closure.

One-stop crisis centres should to be operationalised to provide for a range of services for

violence affected women including police facilitation, legal counselling, psycho-social

counselling, medical aid and temporary shelter in an integrated manner under one roof.

They need to be advertised, and further, a proper audit needs to be done at regular

intervals to ensure they deliver the quality services as promised.

Under-reporting of crime and lack of data is also a very big problem. Most women and

girls continue to be reluctant to report their experiences officially to the police. Due to the

socio-cultural taboos associated with such incidents, many women and girls are reluctant

to speak up at all, and in many cases are stopped from reporting officially by their own

families as it would bring dishonour to themselves and their families. Therefore, the

official statistics do not reflect the true nature and size of the problem further leading to

ineffective policies and investment.

Education on gender sensitivity for all stakeholders. I believe that everyone needs to have

a gender sensitive lens when designing policies and executing them. This begins with

education from the earliest years where children are taught respect, consent,

responsibility and empathy.

With intention and investment, we can make an effort in solving the problem of violence against

women and girls. In the meantime, we welcome this decision and hope that this verdict will be a

deterrent for potential perpetrators.

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Death Penalty in Nirbhaya Case The death penalty has been a subject of debate for a long time now. While opinions differ as to the imposition of the death penalty as a form of punishment altogether; India remains one of the few countries that still impose death penalty – limiting it however, to rarest of rare offences. It becomes a matter of concern when it takes 8 long years for criminal proceedings to take their course, as seen in the 2012 Delhi gang rape case (Nirbhaya case). It takes even more years in various other cases. Speedy justice and quick action are thus required even for death row offences. As seen in the case, convicts continue to file curative petitions post issuance of death warrants. This creates inordinate delay in the justice system and also works towards wastage of state resources. A time-bound filing of curative petition shall help in preventing unnecessary delays and increase executive and judicial efficiency. It should be ensured that curative petitions remain time bound not in cases of death penalty, as sought in the petition at hand; but a time limit is extended to curative petitions in general to make sure speedy delivery of justice. It took the justice system seven long years to reach a final decision. Our procedures and policies need serious introspection to better serve justice.  Fast track courts are the need of the hour. We cannot have survivors and their families relive the trauma over and over again as they wait for justice. Rape, sexual assault and murder are heinous crimes and have a long-lasting impact of physical, emotional and mental health. The justice system must be quick to respond and help them find closure.  One-stop crisis centres should to be operationalised to provide for a range of services for violence affected women including police facilitation, legal counselling, psycho-social counselling, medical aid and temporary shelter in an integrated manner under one roof. They need to be advertised, and further, a proper audit needs to be done at regular intervals to ensure they deliver the quality services as promised.  Under-reporting of crime and lack of data is also a very big problem. Most women and girls continue to be reluctant to report their experiences officially to the police. Due to the socio-cultural taboos associated with such incidents, many women and girls are reluctant to speak up at all, and in many cases are stopped from reporting officially by their own families as it would bring dishonour to themselves and their families. Therefore, the official statistics do not reflect the true nature and size of the problem further leading to ineffective policies and investment.  Education on gender sensitivity for all stakeholders. I believe that everyone needs to have a gender sensitive lens when designing policies and executing them. This begins with education from the earliest years where children are taught respect, consent, responsibility and empathy. With intention and investment, we can make an effort in solving the problem of violence against women and girls. In the meantime, we welcome this decision and hope that this verdict will be a deterrent for potential perpetrators.

Benami Transactions Act Benami Transaction (Prohibition) Amendment Act, 2016 came into force from 1st^ November

The Act provides for expedite procedures to deal with benami property, authorities to execute such procedures and stringent punishment for offenders. The Act is enacted with the intention to wash off the black money from the country. There are many forms of transactions where people prefer to deal in another person's name instead of their own, either to evade taxation, to surpass property ceiling laws or to invest their black money etc. It was also a prevalent custom in traditional Hindu families to buy properties in the name of daughters, sons, fathers or wives. The Act seeks to deal with all such transactions which are carried out by a certain person but the consideration is provided and benefits are availed by some other person. With this, the beneficiary/financer enjoys the property but does not fulfil legal responsibilities towards such properties. The previous act of 1988 had only 9 sections. In the act of 2016, there are 72 sections. It has widened the scope of the original act Benami Transaction (Prohibition) Act, 1988 and has been made strict, clearly defined the meaning of benami transaction, its exceptions, established the authorities to enquire into such matter, amended the penalty for entering into benami transactions and established an appellate tribunal for hearing appeals regarding benami transaction. In the previous act there was section for confiscating the benami property but not the procedure. In the amended act, the procedure is also given. Perhaps the most important point is that the new law has retrospective application as it is an amendment to the old Act. Under the old law the rules for acquisition of the property were not notified and therefore if the old Act were to have been repealed and a new Act were to be enacted, an immunity would have been granted to benami transactions undertaken between 1988 and 2016. As a result of making amendments in the old law, a property which could not be acquired before 2016 in the absence of the rules can now be attached. Further, other penal provisions under the new law would also apply. This act was basically made for people who does illegal transactions by using name of others. So there is need to worry for such people. For the people who have shown their transactions in their books of accounts, it will not affect them. It is an appreciable step for the eradication of Black money. Delhi riots and the issue of FIR A very important issue was discussed in the debate concerning Delhi Riots and the inaction of the Police and how the urgent steps should have been taken even by the Government. The riot was one of the biggest chaos happened in recent time and the ignorance of police cannot be ignored. The highlight of the discussion was how FIR should be the first process for stating the case and thereafter investigation is to be done. FIR is the base of every criminal matter. It is the initial stage of the investigation. Sec 154 under which the FIR is lodged uses the word ‘shall’ which makes it is mandatory for the Police Officer to file FIR of the every information received by it. In the landmark Judgement of Lalita Kumari v. State of UP , the Supreme Court held that it is mandatory for the P.O. to file the FIR and it is not left upon the discretion of the Police

routinely intimidated, coerced and even tortured into giving statements dictated by the investigators. The Key highlights of the Judgment are as follows:

To install CCTV with night vision cameras in all the Police Stations at all entry and exit points; main gate of the police station; all lock-ups; all corridors; lobby/the reception area; all verandas/outhouses, Inspector’s room; Sub Inspector’s room; areas outside the lock-up room; station hall; in front of the police station compound; outside (not inside) washrooms/toilets; Duty Officer’s room; back part of the police station etc. in order to keep check upon the Police Officers in case they engage in any kind of custodial violence.
SC also directed to install CCTV cameras and recording equipment in the offices of: CBI, NIA, ED, NCB, DRI, SFIO and any other agency which carries out interrogations and has the power of arrest.
The internet systems that are provided must also be systems which provide clear image resolutions and audio. CCTV cameras must then be installed with such recording systems so that the data that is stored thereon shall be preserved for a period of 18 months.
An oversight Committee to be set up in the Central, State Level and district levels that will study the CCTV camera footages and periodically publish report of its observations, review footage stored from CCTVs in the various Police Stations to check for any human rights violation that may have occurred but are not reported and it will be SHO’s responsibilities include CCTV data maintenance, backup of data, fault rectification etc.
Lastly and most imperatively, it held that a person in custody who has been subjected to custodial excesses/torture can approach the State Human Rights Commission (SHRC) for redress. The SHRC can, in tandem with their conferred powers under Sections 17 and 18 of the Protection of Human Rights Act 1993 work accordingly. And if someone accuses a police official or any official of the above investigation agencies, the complainant is entitled to a copy of video footage of the CCTV camera where the alleged violation took place. SHRCs can, in accordance with the law, deal with such complaints. A direction to establish more human rights courts in districts was also given The judgment places importance on human freedoms and eradication of custodial torture, which in itself is a violation of the Right to Life. The Supreme Court has acted swiftly to nip the problem of state excesses by enunciating these guidelines and giving teeth to Human Rights Commissions with explicit direction to act on any complaint against police officials and give the aggrieved a proper remedy. It put in a nutshell the principles of natural justice when it confers the right on the complainant to be entitled to a copy of the video footage where apparent force on him was applied. Consumer Protection Act, 2019 – Analysis Indian Parliament in August 2019 passed the Consumer Protection Act, 2019 which aims to provide the timely and effective administration and settlement of consumer disputes. The Act

replaces the Consumer Protection Act, 1986. The 1986 Act consisted some huge legal flaws which the 2019 Act proposes to settle in. The Act contains the following new provisions:

E- transactions are covered – The new act has widened the definition of the consumer. The definition now includes any person who buys any goods, whether through offline or online transactions, electronic means, teleshopping, direct selling or multi-level marketing. The earlier Act did not specifically include e-commerce transactions, and this lacuna has been addressed by the New Act. 2. Provision for e- filing of the complaints – the Act also contains the provisions for consumers to file complaints electronically and for hearing and/or examining parties through video- conferencing. This is aimed to provide procedural ease and reduce inconvenience and harassment for the consumers. 3. Increase of Pecuniary Jurisdiction - The income of the consumers and their shopping lifestyle has tremendously grown over the period of time. The amount which the consumers spend in their purchase, projects, and infrastructure was very minimal as compared to 21 st^ century. Therefore, there was extra burden on the National Commission. Therefore, in the light of this issue, the pecuniary jurisdiction of the Consumer Courts has changed. The National Consumer Disputes Redressal Commissions will hear complaints where the dispute value is worth more than Rs.10 crores. The State Consumer Disputes Redressal Commissions will hear complaints where the disputed value is more than Rs.1 crore but less than Rs.10 crore. While the District Consumer Disputes Redressal Commissions will entertain complaints when the value of goods or service is up to Rs.1 crore. 4. Jurisdiction- The jurisdiction of the Consumer Commissions has also been expanded to allow complaints to be made where the complainant resides or personally works for gain. Previously, in terms of the 1986 Act, it could have been where complaints had to be instituted where the opposite party resides or conducted business, or where the cause of action arose. This eases the burden on the consumers and makes the grievance redressal process a lot more effective and approachable by the general consumer, who will now be able to institute complaints at the district level where they reside and will not have to travel to other parts of the Country to pursue their complaints. 5. Establishment of Central Consumer Protection Authority – The Act provides for the establishment of a regulatory authority known as the Central Consumer Protection Authority (CCPA), with wide powers of enforcement. The CCPA will have an investigation wing, headed by a Director-General, which may conduct inquiry or investigation into consumer law violations. The CCPA has been granted wide powers to take suo-moto actions, recall products, order reimbursement of the price of goods/services, cancel licenses and file class action suits, if a consumer complaint affects more than 1 individual. 6. Provision of Product liability has been included- The provision for product liability provides that manufacturers or service providers have been made responsible to compensate the consumer

India's Justice System: Delayed Proceedings, Right to Protest, and Police Reforms, Assignments of Law of Evidence

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