[Answered] Discuss the recommendations of the Justice Malimath Committee and the Law Commission of India concerning the reforms needed in the criminal justice system. Evaluate the extent to which these recommendations have been implemented by various states and the challenges encountered in this process.

The Justice Malimath Committee, officially known as the Committee on Reforms of the Criminal Justice System, was established in 2000 to review the criminal justice system and suggest reforms.

Key recommendations of the committee

• Police Reforms: The committee made recommendations for changes to the police force, highlighting the necessity of improved training, depoliticization, and greater accountability. Although a few states have made modifications to the composition and operations of their police forces, many have not yet fully embraced these changes.
• Legal Aid and Access to Justice: The committee recommended changes to guarantee that impoverished defendants obtain sufficient legal representation.
• Dying declaration: The committee favoured dying declarations, confessions, and audio/video recorded statements of witnesses to be authorized by law.
• Police investigation: The Committee suggested hiving off the investigation wing from Law and Order. It also recommended the setting up of a National Security Commission and a State Security Commission.
• Periodic review: The Committee has recommended providing for a Presidential Commission for a periodical review of the functioning of the Criminal Justice System.
• Right to silence: The committee recommended modification to Article 20 (3) of the Constitution that protects the accused from being compelled to be a witness against himself/herself. It suggested that the court be given the freedom to question the accused to elicit information and draw an adverse inference against the accused in case the latter refuses to answer.

Challenges encountered in the implementation of recommendations

• Lack of Uniformity: One of the main issues is that different states are not adopting these guidelines in the same way. While some governments have embraced reforms quickly, others have taken longer.
• Resource Limitations: A lot of states have resource limitations, which make it difficult for them to successfully execute reforms. It may require a lot of resources, for example, to increase the number of judges, upgrade the infrastructure, and strengthen the police force.
• Opposition to Change: One major obstacle to implementation in the criminal justice system is the opposition to change. Reforms that go against long-standing procedures may encounter resistance from the legal and police sectors.
• Political Influence: It is still difficult to prevent politics from interfering with how the courts and police operate. It has been challenging to guarantee the police force’s autonomy and depoliticize it.

Conclusion

The Law Commission of India and the Justice Malimath Committee’s recommendations have offered insightful information on several aspects of criminal justice reform.  The dedication of state governments, the court, and other criminal justice system stakeholders will ultimately determine the effectiveness of these reforms.