SRINAGAR: Lieutenant Governor Manoj Sinha said on Monday that the implementation of new laws would remove the colonial structure and ensure justice and equality for all. He made these remarks while addressing the implementation of New
Criminal Laws
at the PHQ Auditorium in Srinagar.
"The Constitution of India has always emphasized the principle of justice, impartiality, independence, and solidarity.
Therefore, if we delve into the details of these laws, we will clearly see that," he said. "I remember that in December 2023, when there was a discussion on the country's laws, many members raised questions about the necessity of this law. At that time, the Home Minister of India said that the British had made this law to maintain their rule. That is, its main purpose was to govern the enslaved people so that the British could remain safe in this country. I have read the proceedings of the Constitutional Assembly," he also said while addressing the gathering.
"On June 3, 1949, when the founder of the country, the Constitutional Assembly, was discussing the Constitution of India. At that time, Pandit Thakur Das Bhargava said that when we are creating a new constitution for this country, then we should make such an arrangement that justice can be served in all matters for the common people," he also said. Professor Sibban Lal Sharma said to another person that the current justice system, which was created by the British, should be changed immediately and such a justice system should be established in its place so that people can get justice, he further said. Giving more details about the discussion during the framing of the constitution in the past, LG Sinha said: Another member of the Constitutional Assembly, Dr. P.K. Singh, said that India should not be controlled by the British because they had adopted the rule of suppression for governance."
LG Sinha said that the process of change took a long time and after seven decades, finally, the Constitution was able to be implemented in the laws that govern the criminal justice system. "And we all became witnesses to it. This was our dream. The Indian Constitution has replaced the IPC of 1860 today. Its focus is on restorative justice and the rights of victims. This law does not just focus on punishment but also focuses on rehabilitation and reunification in society," he further said. He also said that the purpose of new laws is to address the root causes of crime and to improve the criminals. "It is also an opportunity to make a positive contribution to society," he said. Meanwhile, Director General of Police R R Swain on the occasion said that the Bhartiya Nyaya Samhita provides a clear Legal Mandate to tackle Cross-Border Terrorism in Jammu and Kashmir.
Swain said that the Bharatiya Nyaya Samhita, in J&K's context, provides a helpful definition of terrorism as it categorically and explicitly provides a legal mandate to tackle terrorism emanating from beyond international borders.
He said that Naya Samhita also has a dedicated section to combat organized crime, ensuring no room for unlawful activities orchestrated by syndicates that pose a grave threat to the internal security of the country.
"We are deeply aware that the responsibility now lies with us to ensure these reforms achieve their full potential. It casts an onerous responsibility on the J&K police, which have been fighting terrorism for the last 35 years, depleting our core investigative foundation," he added.
On the importance of a stable environment for effective law enforcement, Swain said that ensuring public peace, security, and order through the rule of law presupposes that there shall be a semblance of peace and order so that investigators, witnesses, prosecutors, and trial courts are able to do their duty free from fear.
Speaking on the potential of new laws to support J&K Police, the Police Chief said that it is here where the new laws have become a booster and a set of great enablers. "Besides investing heavily in quality training of our investigating officers, we have started to prioritize good investigations and have begun ranking districts on various law enforcement parameters to boost healthy competition."
"The new laws demand more from our existing resources, requiring the strengthening of our verticals, primarily through embedding law officers in our core investigative framework. We have requested the Home Department to strengthen us with 321 law officers at various levels," Swain said while explaining the need for additional resources and support.
Outlining the increased responsibilities and capabilities granted to the police, DGP said that the police have been granted an increased legal mandate in certain domains, accompanied by greater responsibility, particularly in the utilization of CCTVs, which now features real-time capabilities.
“It is now obligatory to maintain records of the arrested persons with grounds of arrest at both the police stations and district levels. These records must be digitally displayed, reinforcing transparency and accountability in law enforcement procedures," he added.
On challenges and necessary investments for effective implementation, DGP said that the new arrangement requires addressing challenges such as infrastructure investment, data security, and preventing technology misuse.
"Senior police officers are convinced that quality training of police personnel, such as in forensics, is inescapable. We would sincerely require to strengthen and add to our pool of personnel integral to our police station setup who would be forensic experts for handling digital evidence and devices," he added.
Swain expressed gratitude for the support received in implementing the new laws. “I am indebted to all of you for the constant support and guidance given to us in fulfilling our requirements for the implementation of these laws. These new laws symbolize a paradigm shift in our approach to justice. They embody the country's commitment to a system that is efficient and effective, and yet fair and transparent, reflective of the aspirations of a rising and aspiring India.”
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