Women Lawyers Express Grave Concerns about Composition, Time Frame and Methodology Adopted by The Committee for Reforms in Criminal Law

Expressing their "concern" and "in fact anger" that there is not even a single woman on their National Level Committee for Reforms in Criminal Law, apart from it being totally non representative of minorities and other marginalised communities, women lawyers from across India have written to the Committee "It is essential that the Committee be expanded to include eminent women, Dalit, Adivasi and various religious minorities, LGBT, differently-abled criminal law practitioners and grassroots workers from different parts of India", urges the letter addressed by numerous women Advocates of the Supreme Court and the Delhi, Bombay, Bangalore, Calcutta and Madras High Courts and District and Sessions Courts. Stating that "the only manner in which systemic and institutional biases can be cured" is by "ensuring diversity and representation of various stake holders in the legal reform process", prominent Senior Advocates Indira Jaising, R.Vaigai, Gayatri Singh and Priya Hingorani, among others, have pressed that the authorities cure what is a "foundational defect" in the composition of the Committee. "At the outset we welcome the constitution of a National Level Committee for Reforms in Criminal Laws to undertake a review of criminal laws in India and are reassured by the fact that the reforms envisioned are to hold at its core, as stated, 'the constitutional values of justice, dignity and the inherent worth of the individual'", reads the communication. It is asserted that most of them have registered for participating in the consultation exercise and have or are going to fill out the questionnaires, and that from the first questionnaire uploaded, it appears that a very useful and important exercise in the nature of jurisprudential introspection is being undertaken on various issues, such as - whether definitionally sexual offences should be located within the category of offences against the body or under that of gender discrimination - whether rape sexual assault laws are to be gender neutral vis a vis both victim and offender - whether the provisions relating to "consent" need rethinking - whether separate offences of "mob-lynching" or "honour killing" need to be created - whether sedition laws require re-examination - whether more strict liability offences are required under the IPC - How criminal culpability of corporates needs to be dealt with - re-examination of several common law principles relating to mens rea, right to private defence, insanity defence, theories of punishment and sentencing, the competence of minors above the age of 12 years. "This is indeed a seminal exercise and as lawyers we welcome these debates and pursuant reforms", applaud the advocates, at the same time, stating that they are "very concerned" by issues of the composition of the Committee and the consultative methodology and time frame. The writers submit that are "a group of women litigating lawyers – trial as well as appellate level", that many of them have "over 40 years of practice experience – some of us are designated Senior Advocates". On the criminal side, they have acted in the capacity of defence counsel, state counsel and victims' counsel, and that some of them are, or have been, empanelled Legal Aid counsel or have held amicus curiae briefs. "Therefore, we have rich experience of representing all kinds of stake holders on the criminal side – whether it be the State, the accused, the victim; from corporations to marginalised/ vulnerable individuals", it is indicated. Further, it is pressed that their expertise in not only limited to handling cases involving IPC offences, but those under special statutes such as terror, drugs, POCSO, Prevention of Corruption Act, Money Laundering and corporate fraud. The writers comment that it is "troubling" and "simply absurd" that, when a large part of the questionnaire is devoted specifically to reform of sexual offences, women practitioners of criminal law have not been included on the Committee. "Can a discussion on criminalisation of honour killing or mob lynching be meaningful without the inclusion of Dalits and religious minorities on the Committee?", they wonder. Further, it is pointed out that barring one senior member of the bar, there is a glaring failure to include any practicing advocates in the Committee- "Any need reform in criminal laws must be articulated by those who, on a daily basis, engage with these laws and see how they play out in practice. Else, this will either become a mere academic exercise, devoid of real impact, or worse, will result in harm. Not just law practitioners, even grassroots workers should be invited to participate in the process" "After all many changes in law have been spearheaded by non-lawyers, such as the Right to Information Act, the Forest Rights Act, dowry laws – to name just a few legislations", it...

Women Lawyers Express Grave Concerns about Composition, Time Frame and Methodology Adopted by The Committee for Reforms in Criminal Law

Mehal Jain

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