Faculty Coordinator: Ms. Mrinmoyee Mukherjee and Ms. Golda Sahoo
Mode: Online
Number of Participants: 44 Participants (6 were present in Classroom)
As a part of the STAP Initiative, Ms. Golda Sahoo, Assistant Professor of Law and Ms. Mrinmoyee Mukherjee, Assistant Professor of Law conducted an elocution in hybrid mode for the students of the 3rd year Undergraduate Programmes. The programme was open for the faculty and students from other batches to attend. Students spoke about the criminal law amendments that took place in the past 75 years and its impact on the Indian criminal justice system.
The programme started with Mr. Dharrnesh A, a student of 3rd year B.A LL.B. (H.) speaking about the Juvenile Justice (Care and Protection of Children) Act, 2015 along with the amendments made to the Act in 2021. He highlighted the importance of the authorities under the Act being well trained to perform their role efficiently. He also discussed about the Indian Law in light of the International Instruments regarding Juvenile Justice.
He then moved on to Death Penalty. He traced the debate of death penalty abolition and was of the view that Death Penalty should be imposed on offenders in the cases which merit it. He was against the reports which stated Death Penalty should be abolished. He reasoned that death penalty has a deterrent effect and India is not ready to do away with it. Although, no amendment has done away with death penalty, he brought it up in light of the Law Commission recommendations that India should slowly move towards abolishing death penalty.
Thereafter, Mr. Jayasudhakar J, another student of the same batch critiqued the Juvenile Justice (Care and Protection of Children) Act, 2015 for its provision of the possibility to treat adolescents between ages 16-18 years, who commit heinous crimes, as adults. He took into consideration the lack of mental maturity of adolescents in comparison with the adults. He also spoke about the need for specific attention to be paid to cyber-crimes in the near future.
He also spoke about Project 39A – NLU Delhi which deals with Death Penalty and was against death penalty.
Mr. Ankit Kumar also from the 3rd Year B.A LL.B. (H.) opined that offences against all genders should get recognition under the law. He also supported India’s tough approach on crime approach against adolescent offenders.
Ms. Swetha V from the 3rd Year B.Com LL.B. (H.) traced the Criminal Law Amendments in relation to Offences against Women. She discussed about Criminal Law Amendments in 1983, 2013 and 2018. She also discussed how the amendments were made after horrific crimes and were more like a reaction to the crimes. Although many of the changes helped women fight against stereotypes, she opined that it would be better if we make the laws not as a reaction to crime but rather as an anticipatory measure based on studies.
Ms. Swati Pragyan from the 3rd Year B.A LL.B. (H.) commented that although the definition of rape has been broadened by the 2013 amendment which is a welcome change, the fact that marital rape is not yet recognized was a problematic aspect. She hoped that after 75 years of India’s independence, the time has come to recognize the autonomy of a woman over her body irrespective of her marital status.
Ms. Hananya Sunderraj from the 3rd Year B.A LL.B. (H.) expressed her concern about the Criminal Procedure (Identification) Bill, 2022 citing infringement of right to privacy.
After the students expressed their views, Ms. Golda Sahoo commented that the focus of the amendments should not only be increasing the quantum of punishment as it can have negative consequences as well. She specifically highlighted the risk it can cause to rape victims who are children as prescribing death penalty for the offence may lead to the perpetrators killing their victims. She also highlighted the need for revamping the investigation procedure in India with special focus on training of the police. A large number of cases are closed due to lack of evidence. Also, the approachability of the police needs to be improved as there is an under reporting of cases.
Ms. Mrinmoyee Mukherjee commented on the points raised by the students. She expressed her reservations about continuing with death penalty especially in light of disparity in death penalty sentencing in India. The lack of sentencing guidelines in India was also highlighted. The ambiguity in the judicial guidelines regarding death penalty was also pointed out. She also raised a question as to whether death penalty would actually carry higher deterrent value compared to life imprisonment. Regarding rape laws, she opined that although many watershed amendments have taken place, some in response to the feminist movement and some as a reaction to crimes, a lot needs to be in done for implementing the same in their essence. Rape myths and stereotypes still plague the criminal justice system and after 75 years of its independent existence, India should strive towards freeing itself from such stereotypes.
She concluded by stating that there over the past 75 years, the criminal law has evolved manifold and we can hope that India strives towards having a progressive criminal justice system in future.
