Jan Vishwas Bill 2.0, Proposed Reforms and Challenges

Discover Jan Vishwas Bill 2.0, a transformative initiative aimed at reducing regulatory compliance burdens, boosting ease of doing business, and fostering economic growth in India.

Table of Contents

Context: The recently announced Jan Vishwas Bill 2.0 at the Union government level aims to simplify and humanize India’s legal framework.

Jan Vishwas Bill: State of India’s Legislative Framework

Legislative Data (Vidhi Centre for Legal Policy Report)

The Vidhi Centre for Legal Policy compiled data on 174 years of legislative activity, covering 882 central laws.
Key findings:
- 370 laws contain criminal provisions covering 7,305 crimes.
- Out of these:
  - 5,333 crimes attract jail terms.
  - 982 crimes attract mandatory minimum jail terms.
  - 433 crimes attract life imprisonment.
  - 301 crimes attract the death penalty.
- Criminal justice laws like the Bharatiya Nyaya Sanhita and the National Security Act account for only 25% of these crimes.
- The remaining 75% cover aspects of everyday life such as:
  - Parent and childcare
  - Gathering in assembly
  - Mobility

Challenges with Existing Criminal Laws

Excessive Criminal Provisions for Minor Infractions

Some laws are rarely enforced but provide scope for the arbitrary exercise of power by officials.

Examples of minor offences attracting harsh punishments:
- Milking a cow or buffalo on the street
- Failing to report the death of an animal within three hours
- Removing corpses by unprescribed routes
- Neglecting to provide proper exercise to a pet dog
- Distributing feeding bottles to a mother who cannot breastfeed
- Storing e-cigarettes

Disproportionate Punishments

The current system imposes lesser punishment for serious offences and severe punishment for minor offences:

Mental Healthcare Act, 2017: Six months’ jail for:
- Failing to maintain records and fulfil reporting obligations.
- Performing brain surgery for mental illness without the patient’s consent and Board approval.
Running a red light while driving can result in jail time comparable to forcing someone into labour.
Impact: Distorts incentives and undermines public trust in the justice system.

Lack of Awareness and Misuse by Officials

Many citizens are unaware of these criminal provisions, making them vulnerable to exploitation.

Corrupt officials may use obscure provisions to demand bribes or threaten action.
Example: Recent digital arrest scams involved citizens paying bribes to avoid arrest for crimes they had not committed.

Overreliance on Criminalisation

India’s legal framework reflects the frustration of trying to impose a modern state on an ancient civilisation.
Over-criminalisation is a state-sanctioned system rather than a society-sanctioned process, making it unsustainable in the long run.

Criminal Justice System Challenges

Overburdened Courts and Prisons: 75% of prison inmates in India are undertrials – they have not been convicted.
- There are 5 crore pending criminal cases arising from the 5,333 criminal provisions.
Conviction Rates and Legal Process Issues: Conviction rates remain low.
- Courts are hesitant to pass sentences that do not meet a common sense test.
- Harsh penalties impact the poor and marginalized communities the most.

Structural and Institutional Barriers

Resistance from Bureaucracy: Under Jan Vishwas Bill 1.0 (enacted in 2023), several minor offences were proposed to be decriminalized across 42 laws.

However, the actual reduction in criminal provisions was limited because civil servants resisted giving up penal powers.

Proposed Reforms Under Jan Vishwas Bill 2.0

Principles for Criminalisation (Vidhi Report): The Vidhi Centre for Legal Policy recommends four guiding principles to justify criminal provisions:
- Protection of Value: Criminalisation must protect a value vital for society’s existence and public interest.
- Protection Against Clear Harm: Criminalisation must be justified by a direct and reasonable apprehension of harm.
- Effective and Efficient Solution: Criminalisation must be the only reasonable means to achieve the law’s objective.
- Proportionate Response: Punishment must be proportionate to the gravity of the harm caused.
Removal of Arbitrary and Excessive Punishments: Jan Vishwas 2.0 aims to eliminate excessive criminal penalties for minor infractions.
- The Bill proposes to make laws more consistent and predictable.
Public Consensus and Updated Legal Framework: A public consensus is needed to revise the legal framework based on the four principles.
- Legal reforms must be clear, concise, consistent, comprehensible, and implementable.
  - Example: The Mental Healthcare Act’s penalties for administrative lapses vs. medical malpractice reflect the need for consistency.
- Focus on Restorative Justice: Shift from a punitive to a rehabilitative and restorative justice model.
  - The goal is to ensure that the justice system works towards correction rather than mere punishment.