Jan Vishwas Bill 2.0

The Jan Vishwas Bill 2.0, introduced by the Union government, aims to reform India’s complex legal framework. This initiative is part of a broader effort to enhance the ease of living for citizens. The Vidhi Centre for Legal Policy has brought into light the extensive nature of India’s laws. With 370 laws containing criminal provisions, many punishments seem disproportionate to the offences. The focus is now shifting towards decriminalisation and creating laws that are humane and enforceable.

Criminal Provisions

India’s legal system comprises 882 central laws, of which 370 include criminal provisions. These laws cover 7,305 crimes. A number of these offences carry severe penalties, including life imprisonment and the death penalty. However, many laws govern everyday activities, such as parenting and community gatherings. The current legal landscape is overwhelming and often punitive.

Excessive Criminalisation

The existing laws often impose harsh penalties for minor infractions. Citizens can face imprisonment for trivial actions, such as failing to report animal deaths or improperly storing e-cigarettes. These laws blur the lines between serious and minor offences. This creates confusion and allows for arbitrary enforcement by authorities.

Disproportionate Punishments

There is a notable disparity in punishment severity. For instance, the Mental Healthcare Act prescribes the same jail time for minor record-keeping failures as for serious medical offences. Such inconsistencies undermine the justice system and distort societal incentives. Citizens often remain unaware of these laws, leaving them vulnerable to exploitation.

Impacts on Society

The harsh legal provisions disproportionately affect the poor. Conviction rates are low, and the judicial process itself can be punitive. Many individuals suffer from the consequences of laws that do not align with societal norms. The Jan Vishwas Bill aims to address these issues by promoting a legal framework that is fair and comprehensible.

Principles of Legal Reform

The Vidhi report outlines four key principles for reform:

  1. Protection of societal values
  2. Justifiable harm prevention.
  3. Effective legal solutions
  4. Proportionality in responses.

These principles are essential for creating laws that serve the public interest and uphold human rights.

Future Directions

The Jan Vishwas Bill 2.0 seeks to establish a legal environment that prioritises restorative justice over punitive measures. The goal is to reduce the number of undertrial prisoners and streamline the legal process. As India strives for progress, the focus must be on creating laws that enhance the quality of life for its citizens.

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