In a letter addressed to Union Home Minister Amit Shah, the Bar Council of Delhi has sought for inclusion of representatives from the Bar, in the Central Committee for Reforms in Criminal Law.
The Bar Council has highlighted various lapses in criminal laws, starting from "sluggish investigations" to "street trials", eroding public confidence in the Police. As per the letter, the existing Police model is "incapable" to render speedy and fair justice, and therefore it is necessary to introduce substantial Police reforms.
"The legal community in India has many well experienced experts in criminal law and by virtue of their dealing with criminal cases extensively, they can help the government for bringing a better system and suggest suitable amendments…
The Bar Council of India and other state bar councils, along with experts on the subject can provide better inputs-with their vast experience, but so far they have not been included in the High power committee.
We hope that the Government of India will include representative of the Bar Councils to help in introduction of a better system," the BCD hence wrote.
Citing glaring examples of crime against women, including the Nirbhaya gang rape case and the Hyderabad rape case, the Council pointed out that there is widespread public discontentment due to "lackadaisical approach" of the Police.
The Council has suggested introduction of "drastic amendments" in procedural laws to provide effective preventive mechanism and for conduct of fair and honest investigation.
"Any lapse at any stage must face serious consequences, even imposition of imprisonment," the Council suggested.
"The stories of investigations and trials of criminal cases has always been a> subject matter of intense criticism, be it crime relating to women or any other crime. The fact of the matter is that despite repeated efforts, a viable criminal justice system could not be put in place. Your kind attention is drawn to the Justice Malimath commission report which has extensively examined various aspects of criminal law and made recommendations long back but no final decision was taken on the recommendations. It's high time when Government must take a call to revamp or Change the system drastically."
Inter alia, the Council bats for appropriate amendments to the Information Technology Act and establishment of Cybercrime Cells in each Police Station.
"The websites and other internet service providers making pornographic material easily available must be checked and stopped, no matter who they are. They should be made liable and be punished with stringent punishments of minimum 3 years, including heavy fine," it states.
The Council further added that there is need for a serious debate for a "better social environment" to get rid of deteriorating socio-economic conditions and misuse of internet, which is the major cause leading up to crime against women and children.
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