India’s law ministry is taking a closer look at the new criminal codes, specifically addressing concerns surrounding the potential misuse of provisions related to domestic violence against women. These provisions, outlined in Sections 85 and 86 of the Bharatiya Nyay Sanhita (BNS), criminalize domestic violence perpetrated by husbands and in-laws against their wives.
This review comes after the Supreme Court voiced its concerns over the replication of Section 498A of the now-repealed Indian Penal Code (IPC) within the BNS. The court expressed worry that the new law lacked sufficient safeguards to protect husbands and their relatives from frivolous complaints. The Supreme Court has highlighted the significant misuse of Section 498A in the past, calling it one of the most abused provisions in the country.
Union law and justice minister Arjun Ram Meghwal confirmed that the ministry has been receiving feedback from the Supreme Court regarding Section 498A since the BNS came into effect in July. The ministry is actively engaging in discussions about the provision, recognizing its potential for abuse.
While the BNS retained the substance of Section 498A, it split its components into two separate sections. Section 85 outlines the penal provision, while Section 86 defines ‘cruelty’ in the context of domestic violence. Despite this separation, the core legal framework remains unchanged, with the punishment for cruelty against women by husbands or in-laws staying at three years of imprisonment and a fine.
Beyond the immediate concerns surrounding domestic violence provisions, the law ministry is actively tackling the issue of a staggering backlog of cases in Indian courts. To combat this, they are implementing an ‘ageing analysis’ to identify cases that have been pending for extended periods. This analysis aims to understand the reasons for delays, which can range from missing witnesses to the absence of legal counsel.
In addition, the ministry is promoting alternative dispute resolution (ADR) mechanisms, such as arbitration and mediation. These methods provide alternative pathways to resolving disputes outside of the traditional court system, potentially alleviating the burden on courts and expediting justice.
The government is further committed to establishing India as a global arbitration hub, aiming to attract international business and investment. Efforts to improve the arbitration ecosystem are underway, including the formation of the Mediation Council of India. This council will play a crucial role in setting standards for mediation practices across the country and registering qualified mediators.
The law ministry is also working on drafting new rules under the Arbitration and Conciliation Act, addressing issues raised by the finance ministry regarding the use of arbitration. While acknowledging the value of arbitration, the finance ministry has recommended using mediation in cases exceeding 10 crore rupees, deeming arbitration too expensive and time-consuming. The ministry even suggested resorting to litigation in courts over arbitration in such scenarios.
Despite the progress made in implementing the new criminal codes and exploring alternative dispute resolution mechanisms, the challenge of judicial reform remains a complex one in India. The ministry’s commitment to addressing the concerns surrounding domestic violence provisions, tackling the case backlog, and promoting arbitration highlights the government’s efforts to create a more just and efficient legal system.
