Bombay
High Court Chief Justice Devendra Kumar Upadhyaya has said it is a natural
tendency to resist change, but the newly enacted criminal laws need to be
welcomed and implemented with a changed mindset.
He
has urged those responsible for delivering justice under the new legal
framework, to be implemented from Monday, to embrace their responsibilities.
Speaking
at an event on Sunday organised by the Ministry of Law and Justice, titled
'India's Progressive Path in the Administration of Criminal Justice System,' CJ
Upadhyaya underscored the critical role of effective implementation.
"It
is our natural tendency to resist change or we loathe to come out of our
comfort zone. It is a fear of the unknown that causes this resistance and
engulfs our rationale," he said.
Notably,
three new criminal laws will come into effect across the country from Monday,
bringing widespread changes in India's criminal justice system and ending
colonial-era laws.
The
Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya
Sakshya Adhiniyam will replace the British-era Indian Penal Code, Code of
Criminal Procedure and the Indian Evidence Act, respectively.
"We have been
dealing with the criminal justice system with the old laws for more than a
century. The new enactments/law will bring with it some challenges but we have
to welcome them with a changed mindset and come out of our comfort zones so
that its implementation can be ensured," CJ Upadhyaya said.
The
event organised by the Ministry of Law and Justice was aimed at generating
awareness and facilitating discussions among stakeholders on the recently
enacted criminal laws.
CJ
Upadhyaya said successful implementation of the new laws can happen only when
all the stakeholders come together and work in tandem.
"The
new criminal laws aim to curb judicial delays and usher in a robust use of
information technology," he said.
Teething
trouble is bound to happen as in any transition from one era to another, he
noted.
"We
are in a transition phase. After today (June 30), we will be having a new
regime of criminal laws that will require a lot of preparedness on behalf of
all stakeholders," he said.
Implementation
of the new laws is a challenge to everybody and not just the judiciary, Chief
Justice Upadhyaya said and expressed confidence that all the challenges would
be met by the robust judicial system.
"There
has to be an endeavour from all concerned for the effective implementation of
the new laws which has been envisaged and now enacted by Parliament," he
said.
There
is a common consensus that law has been ever-changing and evolving and that is
the law of nature, he said, adding that judicial interpretation, societal
dynamism and the need for conflict resolution necessitates changes in law.
Union
Minister of State for Law & Justice Arjun Ram Meghwal underscored the
transformative nature of the new criminal laws.
"The
new criminal laws are aimed at providing justice in contrast to colonial
legislations where the focus was on 'punishment'," Meghwal said.
The
formulation of these laws involved extensive consultations with stakeholders,
including MPs, MLAs across party lines, common citizens, and incorporation of
recommendations from the Law Commission of India, he said.
This
inclusive approach ensures the legislation reflects diverse perspectives and
addresses contemporary challenges in administering criminal justice, Meghwal
said.