It is expected that Jan Vishwas 3.0 will be deployed at the state level to further enhance governance and reduce capricious law enforcement
The proposed measure must build on the framework used for version 1.0, where asking civil personnel to give up jail provisions yielded mediocre results (nobody surrenders a stick; it must be taken away).
India's Over-Criminalization Problem: A new database containing 882 central statutes covering 174 years of legislative enactment has been made available by the Vidhi Centre for Legal Policy.
Only 25% of these offenses are connected to basic criminal justice laws (like the National Security Act and the Bharatiya Nyaya Sanhita), while the majority govern day-to-day activities.
Criminal provisions that are excessive and arbitrary: Many laws make small infractions, such as milking a cow on the street, illegal.
Unreasonably severe penalties (e.g., a six-month jail sentence for failing to maintain records in compliance with the Mental Healthcare Act of 2017—the same penalty for performing brain surgery without permission).
Impact on Citizens and Governance: When people are not aware of the severe criminal provisions, they are more vulnerable to corruption and online fraud.
The over-reliance on criminalization reflects the challenges of imposing a modern political system on an archaic society. The poor are more vulnerable to abuses by law enforcement and are disproportionately impacted by the legal system.
When conviction rates are low, the legal system itself becomes a form of punishment.
The process of decriminalization:
The Vidhi report suggests four key concepts to make criminal laws more logical:
Value protection: Criminalization must protect fundamental societal values and the public interest.
Protection from harm: Laws are only acceptable when they stop clear, identifiable, and serious harm.
Laws must also be assessed for how they affect:
Seventy-five percent of prisoners in India are awaiting trial in the 3.5 crore criminal cases that are still pending. The retributive nature of the legal system must give way to a restorative and rehabilitative one.
As India works to become a Viksit Bharat by 2047, ensuring ease of living should be a primary priority. The Jan Vishwas 2.0 and 3.0 projects seek to find the Madhyam Marg between upholding the law and punishing citizens in order to establish a more equitable legal system.
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