CHANGE is the only constant in this world. This applies to not only natural phenomenon but also human life, regimes, and the laws. From Monday, curtains fell on the British-era criminal laws and new ‘Bharatiya’ ones came into effect. The core element of the coming into effect of the three new criminal laws is that they are ‘India relevant’. The use of the word ‘Bharatiya’ in the title of each of these three new laws -- Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam -- conveys this sentiment of the laws being ‘India relevant’ in conceptualisation, enforcement, interpretation, and evolution. This also denotes that the British colonial era thinking, on which were based the earlier laws like the Indian Penal Code, has been discarded deservingly. This was much needed for years together, but could not be done because of want of boldness in decision-making of the then Governments or reluctance in introducing the Indian ethos based thinking the criminal justice system. The old laws were rooted in the fact that the British ‘ruled’ India. They owed allegiance to the British Crown, and not India. They considered themselves as the ‘victors’ and the Indians as the ‘vanquished’. Obviously, their laws were aimed at imposing curbs on freedom of the ‘vanquished’, preventing any kind of resistance against the British Raj, and even criminalising certain tribes and Indian traditions.

 

The colonial era criminal laws were more punishment-oriented than justice-centric. Since the laws were punishment-oriented, the rot of corruption seeped in the enforcement agency. The notorious elements in the ‘system’ used the laws to instill fear of law among citizens and make unethical and illegal extractions. Politicisation of the law enforcement machinery became common. Those in powerful positions in politics could make use of the corrupt elements in law enforcement to bend the criminal laws to their convenience. During the British-era, the elements of social and geographical contexts were not taken into consideration because the ‘rulers’ more concerned about imposing own set of beliefs on the ‘ruled’. Unfortunately, even after the British left, these laws stayed on for over seven decades, and the uncouth practices also continued. Still, credit for one thing must be given to the Indian machinery. Despite the colonial-era laws, the judges made good use of inherited Indian wisdom and interpreted those with jurisprudence so that the laws made by those who ‘ruled’ the people could be applied in an evolutionary manner to the independent country ‘governed’ by the people.

 

Of course, they did whatever was in their powers, and the changing social and geographical contexts that threw newer challenges at them. Still, there remained several areas that required deeper philosophical consideration to the proper, diverse Indian context. The present-day ‘Team India’ headed by Prime Minister Mr. Narendra Modi and ably aided by Home Minister Mr. Amit Shah and others, showed boldness to enact the three new ‘Bharatiya’ criminal laws last year. But, for these new laws to work effectively and provide justice to people, all components of law enforcement and judiciary will have to prepare themselves technically and philosophically too. The impact of carrying on with the colonial baggage for decades will have to abandoned, and promise of ‘India relevant’ system will have to be embraced. The Government elected by the people has done its job. Now, it is up to the system to serve the people well. The fear of law among people must be replaced by trust in law.