Rachna Mishra & Utkarsh Mishra, Assistant Lecturer, Jindal Global Law School
ABSTRACT
For the purposes of examining the existing fundamental principles of criminal jurisprudence and to analyse the need for any amendment or modification, the Ministry of Home Affairs, Government of India, established a committee in the year 2000 headed by Justice Dr V.S. Malimath. The Committee on Reforms of the Criminal Justice System gave its report in the year 2003.
The report focused upon the pendency of criminal cases and the inefficiency and ineffectiveness of the criminal justice system in India. The recommendations, however, have been criticised on multiple grounds. To expediate the disposal of cases, the committee proposed the inclusion of certain aspects of Inquisitorial system of criminal justice in the existing Inquisitorial system of India.
The researcher has critically examined the recommendations of the Committee on multiple aspects including the danger connected with the mixed from of criminal justice system, incorporating adversarial as well as inquisitorial system and its compatibility with the existing criminal justice system in India. The Inquisitorial model of European system of criminal justice, prevalent in France has been focused upon.
Further, the researcher has elaborated the issues and concerns based upon the proposed recommendations limiting the right of the accused and promotion of the rights of the victim under criminal justice system, on one hand. On the other hand, relying upon a report issued by Amnesty International1 researcher has also analysed the proposed recommendations on offenses against women which have led to the weakening of rights of women under the criminal justice system of India.
The proposed recommendations of the committee have also been analysed on its compatibility with the national as well as international human rights obligations, as required by the Constitution of India and International Treaties to which India is signatory, in particular ICCPR and Customary International Law.
