Shackles of colonial legacy broken: LG

Srinagar, July 1: Presiding over the implementation ceremony of the three new laws in Jammu and Kashmir at Police Headquarters on Monday, Lieutenant Governor Manoj Sinha said centuries-old shackles of colonial legacy had been broken.

To mark the occasion of the implementation of the three new criminal laws in J&K, LG Sinha said that the commencement of the three new laws - ‘Bharatiya Nyaya Sanhita’, ‘Bharatiya Nagrik Suraksha Sanhita’, and ‘Bharatiya Sakshya Adhiniyam’- breaks the centuries-old shackles of colonial legacy.

He thanked Prime Minister Narendra Modi and Home Minister Amit Shah for bringing the much-needed reforms in the criminal justice system of the country.

“The new laws will ensure justice and equality for all, moving away from the repressive colonial framework. The reforms, rooted in the principles of liberty and fraternity, are a testament to our commitment to protect the vulnerable and ensure justice for all,” the LG said.

Speaking on the overarching objectives of the new criminal laws, he said that the new laws, based on individual freedom and human rights, reflect a major shift towards a more humane and just system.

“Designed to protect victim rights and ensure justice with a focus on human dignity, moving away from punitive colonial measures, new criminal laws acknowledge that every individual, regardless of their past, has the potential for change. New laws focus on restorative justice, where the emphasis is on repairing the harm caused by criminal behaviour and reintegrating offenders into society,” LG Sinha said.

Highlighting the new provisions incorporated to suit contemporary times and technologies, he said, the new criminal laws address issues like terrorism, sedition, and mob lynching and ensure the judicial system is just, humane, and future-ready.

“By incorporating technological advancements, new laws will enhance the efficiency and transparency of our justice system. This includes the use of digital tools for evidence collection, case management, and communication among the five pillars of the criminal justice system,” the LG said.

He underlined the need to remain vigilant about the potential misuse of technology, which could undermine the very justice looked to uphold.

LG Sinha also spoke on the substantial investment in infrastructure and training required with the integration of forensic technology and digital procedures.

“Ensuring data security and protecting the privacy of individuals is paramount. It is imperative to build robust systems that create a firewall against criminals, protect our citizens, and foster peace and development,” he said.

On the occasion, the LG called for collective efforts to realise the full potential of the new reforms and ensure that justice is served efficiently and equitably.

He emphasised that all the stakeholders of the criminal justice system must nurture new laws collaboratively.

“We embark on a journey towards a more just and fair society. These reforms uphold the rule of law, protect human rights, and ensure justice. The major challenge of training our core personnel in all the verticals has been accomplished, including joint training. J&K Police has been instrumental in training their core IOs, augmenting the material and human resources, adapting to the technological challenges, and working on legal changes. Let's work together to implement these changes, ensuring trust in a fair, transparent, and just legal system,” LG Sinha said.

He called for generating awareness of the new laws amongst the citizens, law enforcement agencies, stakeholders, legal fraternity, prosecutors, district administration officials, academia, and students.

The LG also congratulated the J&K Police on registering the first FIR under the provision of the new laws.

Chief Justice J&K and Ladakh High Court Justice N Kotiswar Singh, in his address, said the new criminal laws were the reflection of a resurgent India and a confident India building on its destiny based on its rich heritage.

He advised the vice-chancellors of various universities present on the occasion to conduct awareness sessions on the new laws in their respective institutions.

Social workers, legal practitioners, and Police officials from different districts, who joined through video conferencing, also shared their views on the impact of new laws on the criminal justice system.

Advisor to LG, Rajeev Rai Bhatnagar; Chief Secretary, Atal Dulloo; DGP, R R Swain; members of the judiciary and legal fraternity; prominent citizens and senior officers of civil and Police administration from all districts attended the implementation ceremony in person and through virtual mode.

The Bharatiya Nyaya Sanhita replaces the Indian Penal Code of 1860, focusing on restorative justice and victim rights.

This law shifts the focus from mere punishment to rehabilitation and reintegration.

It aims to address the root causes of crime and offer offenders a chance to reform and contribute positively to society.

The Bharatiya Nagarik Suraksha Sanhita replaces the Criminal Procedure Code of 1973, ensuring swift and fair trials.

This law introduces measures to reduce delays in the justice delivery system, ensuring that justice is not only done but seen to be done on time.

It also emphasises the protection of the rights of the accused while ensuring public safety.

The Bharatiya Sakshya Adhiniyam replaces the Indian Evidence Act of 1872, modernising evidence collection and use. This law uses modern technology to ensure the accuracy and integrity of evidence.

It introduces digital documentation and forensic advancements to strengthen the credibility of the judicial process.