Are the new criminal laws better or worse? | India's Top Lawyers | Sibal, AM Singhvi, Mukul Rohatgi

Summary

In this episode of 'Dil', a critical discussion on India's criminal jurisprudence is presented, highlighting the colonial legacy of the legal system and its impact on constitutional freedoms. Eminent lawyers, Mukul Rohatgi and Dr. Singh, debate the perpetuation of outdated laws, the misuse of police powers, and the challenges in the bail system. They call for a task force to review and align criminal laws with constitutional rights, emphasizing the need for legislative and judicial reforms to protect individual liberties and ensure justice.

Takeaways

• 📜 The discussion revolves around the colonial legacy of the Indian criminal justice system and its impact on constitutional freedoms.
• 👥 The conversation features two prominent lawyers, Mukul Rohatgi and Dr. Singhi, who have contributed to landmark judgments in India.
• 🇬🇧 It acknowledges the colonial origins of the Indian legal system, including laws that were designed to control the native population during British rule.
• 🚫 The speakers criticize the current system for allowing police remand and the potential for abuse of power, which can infringe on individual liberties.
• 📝 They argue for a reevaluation of criminal laws in light of constitutional rights, such as freedom of speech and the right to life and liberty.
• 🔍 The script highlights issues with the current arrest procedures, where individuals can be arrested on suspicion without a thorough investigation.
• 📉 Concerns are raised about the misuse of laws like UAP and PMLA, which allow for arrests based on subjective suspicions and can lead to prolonged detentions.
• 🛑 The discussion emphasizes the need for a task force to review and align criminal laws with the Constitution's fundamental rights and freedoms.
• 📊 There's a call for legislative changes to ensure that the power of arrest is not abused and that it is balanced with checks and balances within the system.
• 🚨 The misuse of Section 120B (conspiracy) is highlighted as a significant issue, where individuals can be implicated without direct evidence of their involvement in a crime.
• 🏛️ The script concludes with a call for structural changes in the judiciary to prioritize cases involving fundamental freedoms and to prevent irreversible damage to individuals' lives.

Q & A

What is the main topic of discussion in the video script?

The main topic of discussion is the issues related to the criminal justice system in India, particularly the colonial legacy of the legal system and its impact on constitutional freedoms.

What are the two legal codes mentioned in the script that are part of the colonial legacy?

The two legal codes mentioned are the Code of Criminal Procedure and the Indian Penal Code.

What is the good aspect of the colonial laws mentioned by one of the lawyers?

One good aspect mentioned is that a statement made to a police officer is not admissible in evidence, which was a provision made because the British did not trust the native police.

What is the issue with the current system of arrest in India as discussed in the script?

The issue is that a person can be arrested on suspicion without fully investigating the matter, and this process can be abused, leading to dangerous consequences.

What is the 'police remand' mentioned in the script, and why is it problematic?

Police remand refers to the period during which a person is under the control of the police in a police station or headquarters. It is problematic because it allows for potential abuse of power and infringement on individual rights without proper oversight.

What is the suggestion made by the lawyers for reforming the arrest system in India?

The suggestion is to establish a legal framework that differentiates between the power of arrest and the need for arrest, and to possibly involve a higher authority like a magistrate or a neutral body to approve arrests based on substantial evidence.

What is the issue with the current bail system in India as per the script?

The issue is that bail is often denied on the basis of the gravity of the offense, which contradicts the principle of presumption of innocence. This has led to a misuse of the bail system, keeping innocent people in jail for extended periods.

What is the problem with the use of Section 120B of the Indian Penal Code as discussed in the script?

Section 120B, which deals with conspiracy, is being misused to implicate individuals in crimes without direct evidence. This can lead to people being denied bail and kept in jail for long periods without proof of their involvement.

What is the criticism regarding the Supreme Court's handling of cases related to constitutional freedoms?

The criticism is that the Supreme Court is not prioritizing cases that involve the fundamental freedoms of individuals. Instead, it is focusing on mundane cases, which should not have reached the Supreme Court in the first place.

What is the concern about the use of special laws like the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA)?

The concern is that these special laws have provisions that can drastically limit individual freedoms, such as the right to bail, and they are being inconsistently interpreted by the judiciary, leading to confusion and potential injustice.

What is the proposed solution to address the misuse of conspiracy charges under Section 120B?

The proposed solution is to bring a structural change in the interpretation and application of Section 120B, possibly through clear guidelines or tests by the courts to ensure that it is not misused to implicate individuals without substantial evidence.