The Diminution Of Social Justice Landscape Under Criminal Identification Act, 2022: An Analysis In The Light Of Accused Person’s Panorama
- IJLLR Journal
- Jan 17
- 2 min read
Dr. Nair Swathy Balasarswathi, Assistant Professor cum Moot Trainer, Kerala Law Academy Law College, Trivandrum, Kerala
No man is infallible; misdeeds can happen at any time, glorification of the same for the endurance is a palm off to the State, it is the white knight not the punctilious parent...
ABSTRACT
The Act aims to bring about robustness in the investigation process by using new world technologies to help the courts in deciding the guilt of the accused and thereby increase the conviction rate. The law seeks to expand the scope of "measurements" that law enforcement agencies can make for the purpose of speedy and effective investigations. However, this legislation is marked by controversy as it has met with vehement opposition across the board. Critics have argued that in the absence of a comprehensive data protection mechanism in India, the Act is a threat to citizens' privacy and a violation of Article 21 of the Constitution. The law lacks proper safeguards to protect citizens' sensitive data and is therefore susceptible to abuse by law enforcement authorities, raising concerns on the creation of a surveillance state. This law is an example of the expansion of powers to give a heavy hand to law enforcement agencies in the detection and prosecution of criminal activity. In a democracy, however, the expansion of power must be accompanied by the strengthening of guarantees for the protection of citizens' rights. There is no one-size-fits-all answer to this question, what is the definition of social justice, because the definition of social justice will vary from person to person. In general, however, social justice refers to the idea that all people should have equal rights and opportunities, regardless of their social class, race, or gender. Social justice has been a hot topic in recent years and people from all walks of life are voicing their opinion on the matter. From politicians to social media influencers, it seems everyone has an opinion on what constitutes social justice. In an adversarial system of criminal justice, the judge is to see that the evidence of an honest witness is not damaged by intimidation or blackmail. Courts otherwise become a mockery. In the adversarial system, the accused must be presumed innocent until proven guilty. The judge must evaluate the evidence. But today the judge too often becomes a mere bystander. The conviction rate is very low because the investigations carried out do not meet the requirements. The high rate of acquittals is very demoralizing to the general public as perpetrators get away scot-free. If this Act has been awarded in a fully it will certainly amounts to negation of fair treatment towards the accused person, it is somewhat a type of incriminating nature. As well there is constitutional protection for the same, but this became an exception that go beyond the tip of one’s hand. The limitless powers in the hands of authorities can certainly be misused and the fairness component will vanish from the procedure of criminal investigation, as fair treatment and equality doctrines are part and parcel of social justice landscape. The more understanding of the Act will give more insights to the loopholes and incriminating features of the same.
Keywords: Identification, self-incrimination, investigation, social justice, fairness.
