Jan Vishwas 2.0 - Reforming India's Criminal Justice System for Better Governance

Context:

• The Jan Vishwas Bill 2.0, recently announced by the Union government, aims to decriminalize minor infractions and rationalize legal provisions.
• The proposed bill must go beyond the framework used for version 1.0, where asking civil servants to give up jail provisions led to meagre outcomes (nobody surrenders a stick; it must be taken away).
• Jan Vishwas 3.0 is expected to follow at the state level to further enhance governance and reduce arbitrary enforcement of laws.

India’s Over-Criminalization Problem:

• A new database by the Vidhi Centre for Legal Policy highlights 174 years of legislative enactments across 882 central laws.
• 370 laws contain criminal provisions covering 7,305 crimes:
  • 5,333 crimes attract jail terms.
  • 982 requires mandatory minimum jail terms.
  • 433 prescribes life imprisonment.
  • 301 imposes the death penalty.
• Only 25% of these crimes relate to core criminal justice laws (e.g., Bharatiya Nyaya Sanhita, National Security Act), while the majority govern everyday activities.

Excessive and Arbitrary Criminal Provisions:

• Many laws criminalize trivial infractions, such as:
  • Milking a cow on the street.
  • Failing to report an animal's death within three hours.
  • Neglecting to provide exercise to a pet dog.
  • Storing e-cigarettes.
• These provisions lead to:
  • Arbitrary power exercises by officials.
  • Blurred distinctions between minor infractions and serious crimes.
  • Disproportionate penalties (e.g., six-month jail term for failing to maintain records under the Mental Healthcare Act, 2017, the same as for unauthorized brain surgery).

Impact on Citizens and Governance:

• Lack of awareness about excessive criminal provisions leaves citizens vulnerable to corruption and digital scams.
• Over-reliance on criminalization reflects challenges in imposing a modern state framework on an ancient civilization.
• The justice system disproportionately impacts the poor, who are more vulnerable to law enforcement excesses.
• Low conviction rates mean that the legal process itself becomes a form of punishment.

The Path to Decriminalization:

• The Vidhi report suggests four key principles for rationalizing criminal laws:
  • Protection of value: Criminalization should protect fundamental societal values and public interest.
  • Protection against harm: Laws should be justified only if they prevent clear, identifiable, and substantial harm.
  • Effective and efficient solutions: Criminalization should be used only when necessary to achieve legitimate legal objectives.
  • Proportionality: Punishments should align with the gravity of the offense.
• Laws should also be assessed for their impact on:
  • Human rights
  • Society
  • Fiscal burden
  • Justice system capacity

Conclusion - Towards a Balanced Justice System:

• India has 75% of prison inmates as undertrials and 3.5 crore pending criminal cases.
• Reforms must shift the justice system toward a restorative and rehabilitative rather than retributive model.
• As India moves toward Viksit Bharat by 2047, ensuring ease of living should be a priority.
• The Jan Vishwas 2.0 and 3.0 initiatives seek to strike a balance - finding the Madhyam Marg between trusting and punishing citizens, and paving the way for a more just legal system.

Q1. What is the primary objective of the Jan Vishwas Bill 2.0?

Ans. The bill aims to decriminalize minor infractions and rationalize legal provisions to improve governance and ease of living.

Q2. How does India's over-criminalization problem impact the justice system?

Ans. It leads to excessive legal provisions, arbitrary enforcement, disproportionate penalties, and a high number of pending criminal cases.

Q3. What are some examples of arbitrary criminal provisions in India’s legal system?

Ans. Laws criminalizing trivial acts like failing to report an animal’s death within three hours or neglecting to provide exercise to a pet dog.

Q4. What are the four key principles suggested by the Vidhi report for rationalizing criminal laws?

Ans. Protection of value, protection against harm, effective and efficient solutions, and proportionality in punishments.

Q5. Why is shifting towards a restorative and rehabilitative justice system important for India?

Ans. It reduces the burden on prisons, prevents misuse of power, and ensures justice aligns with societal needs rather than mere retribution 

Source:IE