Amity Law School organized faculty development programme on Emerging Trends of Crime and Criminal Justice System in India between 10-16th May 2021.
The Event commenced with welcoming the Chief Guest Hon’ble Mr. Justice Swatanter Kumar, Former Judge Supreme Court of India, Former Chairperson NGT and Prof (Dr) P.B. Sharma, Vice Chancellor Amity University Gurugram.
FIRST SESSION
The First Session of 7- Days virtual FDP was addressed by Hon’ble Mr Justice Swatanter Kumar on the Sub-Theme, “Protection of Human Rights of Undertrial Prisoners”, which is an expedient part of Criminal Justice System. The Session was attended by 137 Participants both from the field of Academics (Research Scholars and Faculty Members) and Bar. The revered Guest began his address with the quote, “if you want to destroy a nation destroy its education.” The Lordship explained that the purpose of Criminal Justice System in any country is to protect not only the rights of the victims but also convicts, prisoners and Undertrials. He underlined that a proper Criminal Justice System will always create a balance between the convicts, undertrials and their rights as the basic principle of criminal jurisprudence is that “every person shall be presumed innocent till proven guilty”.
He mentioned that purpose of Criminal Justice System is to deliver an efficient, effective, accountable and fair justice process for the public. No person should be deprived of his basic Human and Fundamental Rights. A proper and efficient Criminal Justice System always draws a balance between the individual’s interest and societal interest.
All agencies of a Criminal Justice System including the Police, Judiciary, Prosecution, Defence Lawyers and the Prison Department must adopt a concerted and a well-coordinated approach to ameliorate the plight of the ‘forgotten souls’ i.e., Undertrial Prisoners, who languish in prisons unnecessarily, He Said.
The Second Session commenced with a Welcome Note for the Resource Person, Prof. (Dr). Nishtha Jaswal, Vice Chancellor, Himachal Pradesh National Law University, by Ms Sanjum Bedi, who apprised the participants with the vast experience and academic excellence of the Guest. Dr. Nishtha began her address with her own composed Hindi poem explaining ‘what a woman is’. She stated that violence against women is a universal problem and even though we have ample of legal procedures set to curtail this evil, it is the mindset of the society that needs to be improved. She also mentioned some statistical data regarding crime against women and said that this problem will keep on increasing until and unless we make sure that a woman is safe in her own home before we worry about the safety of a woman walking on the road because ‘charity begins at home’.
She recited a Sanskrit Shloka from Manusmriti, “Yatra naryastu pujyante, ramante tatra Devata, yatraitaastu na pujyante, sarvaastatrafalaah kriyaah” which means, ‘where women are honoured, divinity blossoms there, and where women are dishonoured, all action no matter how noble remain unfruitful’. She commented that today’s society where crime against women is mushrooming, gives a completely opposite picture than what has been depicted in the shloka. She said that many ingrained dogmas, rudimentary thinking and stereotypical cultural narratives are responsible for the devastating plight of the women in the country.
She discussed various Offences against women which happen because of male dominance in the society.
Referring to yet another Sanskrit shlok “adak?i?ya? virupamapi striya? bhu?ayati, surupamapi adak?i?ya? du?ayati”, associated with womanhood, and said that woman is strong to fight against the evils in the society because woman do not need to be empowered as they are already empowered. Women need to realise this. She said that it is very shocking that only after the case of Laxmi v UOI, Supreme Court issued Guide lines on Acid Attack Cases for mitigating such cases. She also gave a critical analysis of the Criminal Amendment Act, 2013 with respect to Acid Attack.
She also delivered her thoughts about the profession of Prostitution and gave a short critical analysis of Immoral Trafficking Protection Act. She said the Judiciary has been fair enough in declaring that Prostitution is not an offence because it is just a means of livelihood. She showed her concern on the changing concept of Obscenity. She gave examples of some rebellious women who had faced tough times like ‘Phoolan Devi’ and also gave a glaring example of ‘Roop Kanwar’ who sacrificed her life in the name of dignity.
She concluded her address by reciting yet another self-composed Hindi poem titled ‘Bandagi Kar E Bande Meri Us Khuda k Baad’, narrating a woman’s who desire of being respected and treated well.
The address by the Guest was followed by a very interactive questions which was duly answered by ma’am.
The Third Session of the FDP was assigned to the Topic, Crime against Children: Issues, Challenges and Prospective with a Welcome Address by Dr Archna Sehrawat, Assistant Professor, to the esteemed Guest of the day, Dr Manoj Kumar Sharma, Assistant Professor, Rajiv Gandhi National University of Law.
Dr Manoj Kumar Sharma conducted the Session with an exhaustive PPT containing very useful data. He started the Session by introducing the topic and stating that crimes against children are hugely neglected on various platforms. He mentioned that these crimes are not new to the society and have been taken into consideration by our Constitution framers at the time of framing the Constitution of India as they incorporated various protective framework for children, like Articles 15(3), 21, 21A, 23, 24, 39(e & f) and 45. Dr Sharma addressed various offences against children like kidnapping, sexual offences, child marriage and child labour. He shared data regarding offences against children. With the aid of statistics shared for different crimes, he highlighted the changing issues and challenges faced by authorities when dealing with such matters.
Dr Manoj highlighted the legal framework for the protection of children in India and elaborated on various provisions for the same under Protection of Children from Sexual Offences Act,2012; Bonded Labour (Abolition) Act, 1976; Prohibition of Child Marriage Act, 2006; Child Labour (Prohibition & Regulation) Act, 1986; Commission for Protection of Child Rights Act, 2005; Right of Children to Free and Compulsory Education Act, 2009 and IPC. Then he discussed various executive measures taken by the Government for the protection of children like, National Charter for Children,2003; National Policy for Children,2013; National Plan of Action for Children: Safe Children, Happy Childhood,2016.
The Session concluded with a Vote of Thanks proposed by Maj. Gen. P.K. Sharma (Retd.), Professor & Director Amity School of Law, Dean Faculty of Law, who thanked Dr Manoj Kumar Sharma for his insightful and interactive session. He agreed with Dr Manoj that with the help of awareness and education, offences against children could be reduced. Maj. Gen. Sharma hoped that participants must have benefited greatly from the FDP.
The Fourth Session of the FDP was assigned to the Topic, “Protection of Rights of Victims in Criminal Justice System”. The Session began with a Welcome Address by Mr Atul Jain, Associate Professor, wherein he extended a warm welcome to the esteemed Guest of the day, Prof.(Dr) Balraj Chauhan, Vice Chancellor, Dharamshastra National University of Law, Jabalpur.
Prof (Dr) Balraj Chauhan began the Session by referring to the Malimath Committee Report,2003 which had commented that the existing criminal justice system was too centred on the accused and the victim was only called upon to give evidence. The Committee recommended revamping the system, many of which revolved around guaranteeing justice to the victims of crime. This could have achieved by making provisions allowing the victim to actively participate in cases involving serious crimes as well as ensuring adequate compensation.
The Fifth Session was addressed by Dr. Pavan Duggal, Advocate, Supreme Court of India Founder-cum Chancellor, Cyber law University on the Sub-Theme: “Changing Facets of Corporate Crimes in Cyber Age”, who elaborated on the new emerging trends of cybercrimes.
Dr. Pavan Duggal began his address quoting the phenomenal global loss that has been faced in the Cyber Law industry due to the pandemic. He mentioned that due to Covid-19, the kinds of crimes and their mutants have become diverse and it will not be wrong to term this as the “golden age” of Cyber-Crime. There are two kinds of people, according to Dr. Duggal, first the ones who believe or know that they are hacked and the others who don’t have any idea about it. Recently, a new trend has been observed in Cyber world where the students have started experimenting with different Cyber Crimes out of curiosity and end up behind Bars. He stressed upon the fact that ignorance of Law is no excuse. One should know all the provisions pertaining to their requirement.
Further, as Dr. Duggal mentioned, it is shocking rather than surprising that there are no International Cyber Security Laws. It is a complete vacuum on policy relating to Cyber Space. On National front however, the Government has announced National Security Directives on Telecom Sector for secure networks which means all the activities are being scanned. Furthermore, WORK FROM HOME has not helped in curbing Cyber Crimes as it has brought new challenges and Indians are falling prey to these Cyber-attacks.
Dr Duggal concluded his Session by amalgamating Cyber Law with the message given by Lord Krishna in Bhagwat Geeta. Lord Krishna asks Arjun to come to his sharan (asylum) and he will protect him. Similarly, Cyber Law has the same statutory message that one should follow the Law and there is no reason one could ever be put behind the Bars. Due to the changing paradigms, it is the need of the hour that we stay ready to welcome the change and comply with Law.
The Sixth Session of the Faculty Development Programme (FDP) was on the Sub-Theme, “Protection of Witnesses- A Need of the Hour” that was addressed by Mr Vikas Singh, President of the Supreme Court Bar Association.
Mr Vikas Singh, Senior Advocate Supreme Court of India, President of Supreme Court Bar Association and Maj. Gen. PK Sharma, Professor & Director, Amity Law School and Dean Faculty of Law and all the other participants of the FDP.
Mr. Singh addressed the issue of Witness Protection by providing various examples from his own experience and discussed the seriousness of Protection of Witnesses in India. He highlighted the Supreme Court Guidelines of 2018 on Witness Protection and mentioned that the Legislature needs to provide a legal framework in order to support the Criminal Justice System of India. He said that the issue of Witness Protection has to be seen in context with Police Reforms and Legislators with criminal antecedents.
Mr Singh said that there can be three types of Crimes, viz, -(a) By Gangsters, (b) By accused having political links and (c) Normal disputes. The issue of Protection to Witnesses normally arises in crimes as at (a) and (b) above. There can also be instances where witness may set up innocent persons as accused. Hence, we have to understand as to who really is a witness who would need protection.
Mr Vikas Singh then spoke about a large number of Legislators who get elected despite criminal background. The system needs to be clear on this issue as who can contest Elections and Political Parties should also ensure that they field Candidates with clean record.
The address by Mr Vikas Singh was followed by a number of questions put to him by the participants, which were duly replied by him.
The last and Seventh Session of the FDP was on the Topic, “The Role of the Judiciary in upholding the mandate of the Criminal Justice System”, which was addressed by Hon’ble Mr. Justice Madan Lokur, Former Judge of the Supreme Court of India.
Justice Lokur focused on the importance of fairness in justice which is ensured not just through cases brought before the Courts but also where the Courts act suo moto. He explained this by citing the recent example wherein the Delhi High Court got involved and directed the State Government to fulfil the need of Oxygen Concentrators in Delhi.
Talking about the pendency of trials, Hon’ble Mr Justice Madan Lokur emphasised the importance of expeditious trials for several reasons- to protect the rights of the victim, to make sure the witness does not turn hostile, to ensure that the victim and the witness are duly protected (especially in the absence of a proper law for Witness/ Victim protection). By illustrating these factors, he explained how Justice Delayed is Justice Denied.
Lordship elaborated on how the Judiciary plays an important role in the administration of an efficient Criminal Justice System. The Judiciary’s task is not only to punish the accused of a crime but also to make sure that the victim and the society at large are benefitted from its actions. The Judiciary has to see things in a broader perspective. The punishment prescribed by the Courts could be reformative, rehabilitative, deterrent or retributive and it cannot be put in a box since each case is different. At the end, Sir alleged that the Draconian law like National Security Act and Unlawful Activities (Prevention) Act which is being diligently misused should stop.
The discourse was followed by Question-Answer Session, via chat box, which turned out to be an interesting and interactive part of the Session.
On a query raised, Lordship mentioned that he is personally disappointed with the Criminal Justice System of India for two particular reasons: first, being the pendency of trials and second, the overcrowding of prisons. Here, he pointed out that as much as 59% of under trials in the prisons and 3 lakh pending applications of bail.
Total 137particpants attended the sessions.