Why SLLs also need to be reformed

Source: This post has been created based on the article “Why SLLs also need to be reformed” published in The Hindu on 20^th October 2023.

UPSC Syllabus Topic: GS Paper 2 Indian Polity — Structure, organization, and functioning of the Executive and the Judiciary.

News: This article discusses the significance of Special and Local Laws (SLLs) in the wake of recent criminal law reforms. It also highlights the reasons behind the need for reform in SLLs.

Special and Local Laws (SLLs) include “Special laws” enacted by the Parliament to deal with a specific subject. “Local laws” are laws local to a particular region or a state.

SLLs have been kept away from the ongoing reform process, with respect to the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and Indian Evidence Act (IEA).

What is the significance of SLLs?

SLLs have immense relevance in the Indian criminal justice system.

1) In quantitative terms: Nearly 40% of all cognisable offences registered in 2021 were under SLLs, as per the Crime in India Statistics of 2021.

2) In qualitative terms: SLLs have given rise to several important debates regarding the limits on the state’s power of criminalisation especially in the context of violation of individual rights and liberties.

Why is there a need for reform in SLLs?

1) Ambiguous and vague definitions of offences: For e.g. terms such as ‘terrorist act’, ‘unlawful activity’ etc. in Unlawful Activities (Prevention) Act, 1967 (UAPA).

2) Issues with application of laws: For e.g., POCSO Act, 2012 being applied to consensual sexual activities between minors.

3) Excessive criminalisation of mere civil or regulatory wrongs

4) Dilution of due process of law: For e.g. The stringent provisions provided for under Section 43 of the UAPA make it impossible to get bail.

What should be done?

SLLs should find a place as separate chapters within the larger structure of the IPC or the CrPC.

Reforms should be brought in to address the non-inclusion of the substantive and procedural aspects of the SLLs in the ongoing reform project.