Mumbai, Bombay High Court Chief Justice Devendra Kumar Upadhyaya has said that it is a natural tendency to resist change, but the newly enacted criminal laws must be welcomed and implemented with a change in mindset.
He has urged those responsible for dispensing justice under the new legal framework, which will come into force from Monday, to assume their responsibilities.
Addressing him on Sunday at an event organized by the Ministry of Law and Justice, titled 'India's Progressive Path in Administration of Criminal Justice System', CJ Upadhyaya underlined the critical role of effective implementation.
"It is our natural tendency to resist change or hate to leave our comfort zone. It is the fear of the unknown that causes this resistance and envelops our reason," he said.
Notably, three new criminal laws will come into force across the country from Monday, bringing widespread changes to India's criminal justice system and ending colonial-era laws.
The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam will replace the British-era Penal Code, Criminal Procedure Code and 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/laws will bring with them some challenges, but we have to welcome them with a different mindset and get out of our comfort zone so that it can be ensured its implementation," said CJ Upadhyaya.
The event organized by the Ministry of Law and Justice aimed to raise awareness and facilitate discussions among stakeholders on the recently enacted criminal laws.
CJ Upadhyaya said that successful implementation of the new laws can only happen when all stakeholders come together and work together.
"The new criminal laws aim to curb judicial delays and promote robust use of information technology," he said.
Teething problems are likely to occur as with any transition from one era to another, he said.
"We are in a transition phase. After today (June 30), we will have a new criminal law regime that will require a lot of preparation from all stakeholders," he said.
Implementation of the new laws is a challenge for everyone and not just the judiciary, Chief Justice Upadhyaya said and expressed confidence that a strong judiciary would meet all challenges.
"There has to be an effort by all stakeholders for effective implementation of the new laws that have been envisaged and now enacted by Parliament," he said.
There is a common consensus that the law has been constantly changing and evolving and that this is the law of nature, he said, adding that judicial interpretation, social dynamism and the need for conflict resolution require changes in the law. .
Union Minister of State for Law and Justice Arjun Ram Meghwal underlined 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.
Formulation of these laws involved extensive consultations with stakeholders including parliamentarians, MPs of all parties, common citizens and incorporation of recommendations of the Law Commission of India, he said.
This inclusive approach ensures that legislation reflects diverse perspectives and addresses contemporary challenges in the administration of criminal justice, Meghwal said.
He has urged those responsible for dispensing justice under the new legal framework, which will come into force from Monday, to assume their responsibilities.
Addressing him on Sunday at an event organized by the Ministry of Law and Justice, titled 'India's Progressive Path in Administration of Criminal Justice System', CJ Upadhyaya underlined the critical role of effective implementation.
"It is our natural tendency to resist change or hate to leave our comfort zone. It is the fear of the unknown that causes this resistance and envelops our reason," he said.
Notably, three new criminal laws will come into force across the country from Monday, bringing widespread changes to India's criminal justice system and ending colonial-era laws.
The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam will replace the British-era Penal Code, Criminal Procedure Code and 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/laws will bring with them some challenges, but we have to welcome them with a different mindset and get out of our comfort zone so that it can be ensured its implementation," said CJ Upadhyaya.
The event organized by the Ministry of Law and Justice aimed to raise awareness and facilitate discussions among stakeholders on the recently enacted criminal laws.
CJ Upadhyaya said that successful implementation of the new laws can only happen when all stakeholders come together and work together.
"The new criminal laws aim to curb judicial delays and promote robust use of information technology," he said.
Teething problems are likely to occur as with any transition from one era to another, he said.
"We are in a transition phase. After today (June 30), we will have a new criminal law regime that will require a lot of preparation from all stakeholders," he said.
Implementation of the new laws is a challenge for everyone and not just the judiciary, Chief Justice Upadhyaya said and expressed confidence that a strong judiciary would meet all challenges.
"There has to be an effort by all stakeholders for effective implementation of the new laws that have been envisaged and now enacted by Parliament," he said.
There is a common consensus that the law has been constantly changing and evolving and that this is the law of nature, he said, adding that judicial interpretation, social dynamism and the need for conflict resolution require changes in the law. .
Union Minister of State for Law and Justice Arjun Ram Meghwal underlined 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.
Formulation of these laws involved extensive consultations with stakeholders including parliamentarians, MPs of all parties, common citizens and incorporation of recommendations of the Law Commission of India, he said.
This inclusive approach ensures that legislation reflects diverse perspectives and addresses contemporary challenges in the administration of criminal justice, Meghwal said.
