ROAD FROM HATHRAS
Context: The Hathras case has once again put the spotlight on the issues in our criminal justice process
Issues with the criminal justice rocess
• Institutional Bias against certain crimes: It is necessary for the country’s penal laws to first recognize the bias behind documenting of certain crimes - Amnesty International
- For, E.g. The National Crime Records Bureau does not compile crimes within categories of hate crimes, lynching and khap-related issues.
• Political Issues: Action and non-action are more influenced by politics than the motivation to ensure the rule of law.
- Upper-Caste Mobilisation: Related to 2018 Kathua rape case, two sitting ministers addressed a rally, largely of upper castes, in support of the accused.
- Transferring of officials like in the Hathras case affecting the administrative functions.
- Neglect of Reports on police reforms and criminal law reforms: including the Supreme Court’s judgment in Prakash Singh has been ignored by the political powers.
• Arbitrary Action by the Executives: State mix up “national security” with general issues of “maintenance of public order” through statutory provisions, contrary to constitutional norms.
- For, E.g. Out of 139 people booked under national security laws in 2020, 76 are for cow slaughter, 13 for anti-CAA protests and only 37 for heinous crimes.
• Disregard to the SC’s directions: For non-registration of complaints, one has to approach the courts of magistrates, and the cases remain pending for months.
- In 2003, the Justice Malimath Committee recommended that the registration of FIRs should be the obligatory duty of the police officer.
- Later Supreme Court judgment states that registering FIR is compulsory if there is a commission of a cognizable offence.
Conclusion: We have enough laws. What we lack is the honest implementation of existing laws.
Issues with the criminal justice rocess
• Institutional Bias against certain crimes: It is necessary for the country’s penal laws to first recognize the bias behind documenting of certain crimes - Amnesty International
- For, E.g. The National Crime Records Bureau does not compile crimes within categories of hate crimes, lynching and khap-related issues.
• Political Issues: Action and non-action are more influenced by politics than the motivation to ensure the rule of law.
- Upper-Caste Mobilisation: Related to 2018 Kathua rape case, two sitting ministers addressed a rally, largely of upper castes, in support of the accused.
- Transferring of officials like in the Hathras case affecting the administrative functions.
- Neglect of Reports on police reforms and criminal law reforms: including the Supreme Court’s judgment in Prakash Singh has been ignored by the political powers.
• Arbitrary Action by the Executives: State mix up “national security” with general issues of “maintenance of public order” through statutory provisions, contrary to constitutional norms.
- For, E.g. Out of 139 people booked under national security laws in 2020, 76 are for cow slaughter, 13 for anti-CAA protests and only 37 for heinous crimes.
• Disregard to the SC’s directions: For non-registration of complaints, one has to approach the courts of magistrates, and the cases remain pending for months.
- In 2003, the Justice Malimath Committee recommended that the registration of FIRs should be the obligatory duty of the police officer.
- Later Supreme Court judgment states that registering FIR is compulsory if there is a commission of a cognizable offence.
Conclusion: We have enough laws. What we lack is the honest implementation of existing laws.
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