Criminal Judicial Reforms in India
Judicial reform is the complete or partial political reform of a country’s judiciary. Judicial reform is often done as a part of wider reform of the country’s political system or a legal reform.
Areas of the judicial reform often include; codification of law instead of common law, moving from an inquisitorial system to an adversarial system, establishing stronger judicial independence with judicial councils or changes to appointment procedure, establishing mandatory retirement age for judges or enhancing independence of prosecution.
Indian judiciary system is for its independence and justice-oriented approach. When we talk about Indian judiciary system it was from the pre-British days, in 18thcentury judiciary emerged during the British regime high court. Criminal judicial system involves a delegate exercise deals with the crime which in modern civilization happen one of the most complex crime. This research paper deals with the object of the criminal justice system in the field of investigation of the crime by the police. And the court should also try to maintain the public faith of the people. In our society there is crime, and for the protection of the society it is important to give punishment to every criminal. At last this research paper concluded that the delay in disposal of cases creates the undetermined the capability of the system of imparts justice in an effective manner.
In India judicial system as a long history from the pre- British days, in the year 1937 to hear the appeal of the high court the federal court was established. In 18thcentury the uniform pattern of judiciary emerged, Government focus to have a systematic judiciary system after Independence. in one sense justice means a grant of expeditious and inexpensive relief to the person who approached to the court, it is not important that justice work effectively but it is also important that it should work on time so that all the person approaches to court get relief. Nowadays administration of criminal justice is facing serious problem.
The objective of this research paper is to render public justice, to punish criminal. The criminal trial justice does not mean only for the accused but also for the victim and also to maintain law and order. The court should always maintain the public faith of the people in administration of the justice.
Need to reform in criminal judiciary system
Changes are constant in the judiciary but criminal justice system of India is needed to improve it system. These all are the reason of ineffective enforcement of the law, accountability, and delay in disposal of the cases, poor prison condition, and lack of trained police. These are the problem causes in the criminal justice system.
Components of the criminal judiciary system
Article 246 of the constitution of the India places the police, courts, prison, reformatories, and public order. Police is being a front line of the criminal judiciary system, which played a vital role in administration of the justice .
Accountability of the police
Indian government is unwilling to do any changes in colonial law instead of demand of the national police commission. Police accountability resulted from the concern of many police makers and police executive, these characteristics of policing include organizational decentralization. Indian police Act is lacking in this aspect of accountability of the police. In India accountability of police discusses in the four parts: first part describes the police system establish by the British, second part describes the method of work and lack of public accountability remain unchanged, third part describes the need to make the police accountable, fourth and the last part describes the suggestion need for police reforms is too important.
Judiciary view on arbitrary arrest and illegal detention
The power of the police is to arrest and also for the grossly abused; this is analyzed by the case of D.K.Basu v/s state of west Bengalin this case the court streamlined the procedure relating to the arrest, court reiterated the protection from arbitrary arrest is from article 21 and 21(1) of the constitution to enforced strictly.
Judiciary played a vital role in the implementation of the role of law. The most important duty of the court is to protect human rights, and to give relief to the victim. In India criminal judiciary system gives more attention to protect rights of the individual. And the court should also focus on victim as well as the witness.
Role of the court during the criminal proceedings
Article 372(2)is the purpose of bringing the provision of any law in accordance with the provision the constitution, president makes adoption and modification of the law, where the amendment is necessary.
Ø Limitation on the power of the arrest
The procedure of the arrest is given in the article 21and article 22 of the Indian constitution. Criminal procedure code 1908 confers the extensive power of the arrest by the police which is given in the section 41, 42 and 151 of the code. Section 436A of the CrpC says the maximum period for the trial prisoners can be detained; this section is for the human rights to arrest the person. It is fully depend on the judiciary to realize these rights.
Ø Judge should be sensitize
There is need of the judges that they should keep more proactive role in the administrative of the justice. There are many judges who themselves disqualify from the advancing of the criminal justice as they are having fashioned on old justice attitude, and also, they believe in the justice according to the strict interpretation of the law. Therefore, the justice resides in heart not in the judge’s intellect only. Criminal judiciary reforms are a matter of the serious concerns which required the effective enforcement of activeness of the judge’s.
Ø Limitation on the adjournment of the cases
In cases granting adjournment becomes role in places of the exception, delay in disposal of the cases is the m major facts of the adjournment. It is the duty of the court to ensure the early disposal of the cases.
Ø Power to grant the remand
Section 167 of the Cr.p.C empowers to grant the remand either in judiciary custody or in the police, which should not exceed more than fifteen days at a time. It is the duty of the magistrate to examine the case diary and the material fact before giving an order. In this caseJoginder Kumar v/s state of U.Psays that person who is arrested being held in custody is entitled to have one relative or the other person who know him and who is likely to take interest in his welfare told as far as is practicable that he has arrested. And it is the duty of the police officer to inform the arrested person when he is brought to the police.
Ø Due care and causation in case of the bail application
Section 436 of the Cr.P.C provides the law related to the bailable offences. The case should be decided on the bases of its on facts, there is no fast rule regarding the granting of the bail. It is the duty of the court to take proper care of the person at the time of granting bail.
In the resent past the supreme court of India has been vigilant against encroachments up on the rights of the prisoners. Article 21 held that its protection will be available for the safeguarding the fundamental rights of the prisoners and also for the effective prison reforms. Generally the state has given the low priority to the prison administration.
Rights against in human treatment of the prisoners
- Police personal who handle interrogation of the arrestee should keep record in a register with clear identification and name tag with their designations.
- Police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of the arrest.
- The time place of the arrest and venue of custody of an arrestee must be notified by the police where the relatives of the arrestee live outside.
- The person arrested must be aware of these rights to have someone informed by his arrest.
- The arrestee should be also examined at the time of his arrest and major and minor injuries.
- The arrestee should be subjected to medical examination by a trained doctor every 48 hours during his detention in custody director by a doctor on the panel of approved doctors appointed by directors.
- The arrestee must be permitted to meet his lawyer during interrogation though not throughout the interrogation.
Violation of the rights of the prisoners
In India prisoners remained deplorable. The law enforcement is responsible for the violation of the human rights which includes the arbitrary deprivation of the life in alleged encounters death in custody is use of the firearms. According to the report of Bureau of the government of India, in the year of 2005 there was eight person died in the custody and 42 civilian died in the police firing. Sexual harassment and assault of the prisoners is given by the guards of the prison. Supreme Court of India in case ofjoginder Kumar v/s state of U.P.clearly said that the quality of nations civilization measured by the method use in the enforcement of the criminal law when the human rights are expanding the crime rate is increasing. And the court has been receiving the complained of the violation of human rights because of the indiscriminate arrests.
Structure of judicial system changes and reforms
Ø Lok Adalats
It is a forum where the cases are pending in a court of law. It has been given statutory status under the legal services authority Act 1987. 31 December 2007 the lok Adalat movement has been strengthened, more than 6,98,000 lok Adalat have been held in the different part of the country.
Ø National judicial academy
It has been set up by the Government of the India to provide in service training to the judicial officers. Policy development and judiciary reforms and research support services for the greater efficiency, assess and productivity. It includes the improvement of the court administration.
Ø Legal Aid
Article 39 A of the constitution of the India says the free legal aid of the poor and for the weaker sections of the society ensure justice for all. In 1987 legal services authorities Act was enacted by the parliament.
Ø Alternative disputes redressal
To reduce demand on court time, the disputes need to dissolve by the alternative disputes resolution method conciliation and mediation is the tools of the alternative disputes redressal.
Ø Right to information Act
Right to information Act 2005 implemented in the department, appellate officers have also been appointed. This Act empowers the people with their right to know the publicly transparent process.
The aim of the mediation is facilitate the development of consensual solution by the disputing parties. The process of mediation is overseen by the non-partisan third justice, the authorities of the mediation wests on the consent of the parties.
Ø National tax tribunal
on 21stDecember 2005 the national tax tribunal was enacted for hearing appeals, against the order passed by the income-tax appellate tribunal. National tax tribunal brought in to force when the government give notification.
According to Mr. Sachin Goyal, Director, Krishna Study Academy, the leading academy for training for civil and judicial services exams, if the administration of the justice wants to give good result and it is the duty of the courts to act with the great promptitude. Innocent person should release immediately and the guilty person should get punished as early as possible. The problem in delay of the cases is not new in India it has been existence since a long time. on the one part judicial system is under strain and on the other part it has shaken the confidence of the people. The Supreme Court made it clear that speedy trial is the essence of criminal justice and the delay in trial by itself constituted the denial in justice. Article 21talks about the speedy justice are inescapable. The researcher fined that the number of committees were constituted to examine the problem of delay. Indian constitution imposes duty on the judicial system for providing the legal mechanism which deals with the problems related to justice. In India courts have different levels to decided cases but many of the cases are pending and the number of the pending cases is increasing day by day. In India judiciary system is expected to be the sword, sentinel and shield of rights of the humblest millions with an assurance to bring justice.