MUMBAI (Aryavarth): Bombay High Court Chief Justice Devendra Kumar Upadhyaya has said it is a natural tendency to resist change, but the newly enacted criminal laws need to be welcomed and implemented with a changed mindset.
He has urged those responsible for delivering justice under the new legal framework, to be implemented on Monday, to embrace their responsibilities.
Speaking at an event on Sunday organised by the Ministry of Law and Justice, titled ‘India’s Progressive Path in the Administration of the Criminal Justice System,’ CJ Upadhyaya underscored the critical role of effective implementation.
“It is our natural tendency to resist change or to loathe to come out of our comfort zone. It is a fear of the unknown that causes this resistance and engulfs our rationale,” he said.
Notably, three new criminal laws will come into effect across the country on Monday, bringing widespread changes to India’s criminal justice system and ending colonial-era laws.
The Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam will replace the British-era Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, respectively.
“We have been dealing with the criminal justice system with the old laws for more than a century. The new enactments and laws will bring with them some challenges, but we have to welcome them with a changed mindset and come out of our comfort zones so that their implementation can be ensured,” CJ Upadhyaya said.
The event organised by the Ministry of Law and Justice was aimed at generating awareness and facilitating discussions among stakeholders on the recently enacted criminal laws.
CJ Upadhyaya said successful implementation of the new laws can happen only when all the stakeholders come together and work in tandem.
“The new criminal laws aim to curb judicial delays and usher in a robust use of information technology,” he said.
Teething trouble is bound to happen in any transition from one era to another, he noted.
“We are in a transition phase. After today (June 30), we will be having a new regime of criminal laws that will require a lot of preparedness on behalf of all stakeholders,” he said.
Implementation of the new laws is a challenge to everybody, not just the judiciary, Chief Justice Upadhyaya said, and he expressed confidence that all the challenges would be met by a robust judicial system.
“There has to be an endeavour from all concerned for the effective implementation of the new laws that have been envisaged and are now enacted by Parliament,” he said.
There is a common consensus that law has been ever-changing and evolving, and that is the law of nature, he said, adding that judicial interpretation, societal dynamism, and the need for conflict resolution necessitate changes in law.
Union Minister of State for Law and Justice Arjun Ram Meghwal underscored the transformative nature of the new criminal laws.
“The new criminal laws are aimed at providing justice, in contrast to colonial legislation, where the focus was on ‘punishment’,” Meghwal said.
The formulation of these laws involved extensive consultations with stakeholders, including MPs, MLAs across party lines, common citizens, and the incorporation of recommendations from the Law Commission of India, he said.
This inclusive approach ensures the legislation reflects diverse perspectives and addresses contemporary challenges in administering criminal justice, Meghwal said.