Gap between law and justice

Source: The post is based on the article “Gap between law and justice” published in “Indian express” on 25th September 2023.

Syllabus: GS2- Polity- functioning of Parliament

News: This article is talking about new criminal law Bills in India. The government says these will strengthen law and order by reducing crime. But the article argues that the law focuses too much on individuals and ignores social reasons for crime. It claims real change needs broader reforms in the whole criminal justice system, not just laws.

Why is the new bill not the solution to crime?

Overemphasis on Individual Responsibility: The new bill focuses predominantly on blaming and punishing individual offenders, overlooking the socially rooted nature of crimes.

Ignorance of Societal and Environmental Factors: The legislation doesn’t consider the significant influence of socio-economic status, social upbringing, education, and environmental factors on a person’s decision-making process and risk-taking behavior.

Lack of Broader Institutional Reform: The article suggests that the bills fail to address the need for a comprehensive overhaul of the entire criminal justice system, including police, investigation mechanisms, criminal courts, and support services.

Reproduction of Existing Provisions: Many provisions in the new bills are just reproductions of existing laws, indicating a lack of genuine innovation or a real overhaul in the approach to criminal law or criminal justice.

Political Motivation: The article implies that the bills are more of a populist move, with the actual motivation being deeply political in nature, offering an illusion of strict action from the state without addressing the real problems that plague the criminal justice system.