Bar Council of Delhi Asks for Inclusion of Bar Councils in Central Committee for Reforms in Criminal Law

The Bar Council of Delhi is advocating for the inclusion of representatives; from Bar Council of India and State Bar Councils in the Central Committee for Reforms in Criminal Law.  Advocate K.C. Mittal, Chairman Bar Council of Delhi addressed a letter to the Union Minister of Home Affairs Amit Shah for the same.

References to Past Incidents

The letter references to the Nirbhaya incident. It states that the laws are not protecting the weak and vulnerable section of our society; and the existing laws are failing to prevent such crimes and convict the offenders. Many substantial legislations took place but they proved “inconsequential to reduce crime.”

It notes the increasing number of cases; where the bodies are burnt in attempts to destroy evidences. The letter states that they are done to avoid conviction and delay trials.

Also, the killing of the four persons accused in the Hyderabad rape and murder in an “encounter”; and the celebration from the public shows how much the system has failed. “The rule of law does not permit street trials. In a civilized society, we cannot permit any system having no legal sanction.” The letter quotes a remark made by the Chief Justice of India, S.A. Bobde that “Justice loses its character if it becomes revenge.

Public Anger and Discontentment

Public anger and discontent with existent systems is obvious from agitations and protests. The inefficient and careless attitude of police; is also responsible for the erosion of public confidence in the criminal justice system.

The letter draws attention to the Malimath Commission Report that made extensive recommendations; those are not implemented till now. “It’s high time when Government must take a call to revamp or change the system drastically,” the letter adds.

Framing laws require extensive brain storming to focus on expectations of public and society at large. Further, the system should function within legal parameters and tendencies to conduct street trials and media trials provide a significant challenge to rule of law.

However, the Council appreciates the government for the steps taken to review the criminal justice system and amend law substantially, to protect and safeguard people. It adds that mankind does not learn from the past mistakes such as Nirbhaya incident. Moreover, drastic improvements in procedural laws to provide effective preventive mechanism and conduct of fair and honest investigations are needed.

Request for Consulting BCI and State Bar Councils

 The legal community in India has people having vast experiences in dealing with criminal laws and the Council requests for the inclusion of representatives from the Bar Council of India, the State Bar Councils. Such experts can also provide better inputs due to their vast experience.

During the course of court proceedings and discussion among the legal community, “many loopholes and lapses in law” are noticeable, “which is a cause for delay in dispensation of justice”, the letter also adds.

In conclusion, the Bar Council of Delhi hopes that if all such points are examined; with the help of the legal community during the drafting or amendment of the law comprehensively, it would prove to be very helpful.

Ishan Harlalka
Ishan Harlalka
I am a 3rd year law aspirant pursuing BA LLB. I am deeply interested in learning and am always looking forward to gain knowledge about new subjects. In my leisure time, I try to read books of various genres and by different authors. As people from non-law background may find it difficult to understand legal provisions and jargons, I try to write in a way that my articles are easy to comprehend and after reading them, one can discuss them with others.


The case of Aruna Shanbaug that changed the Euthanasia laws...

It is my Belief that death is a friend to whom we should be grateful, for it frees us from the manifold ills which are our lot - Mahatma Gandhi. As human beings, out the umpteen desires that we have, one of them is definitely to have a peaceful death....

Justice D Y Chandrachud’s path-breaking Verdict in the Sabarimala Case of...

“Will the quest for equality and fraternity be denuded of its content where women continue to be treated as children of a lesser god in exercising their liberties in matters of belief, faith and worship? Will the pursuit of individual dignity be capable of being achieved if we deny...

After repealing section 377, its time to Legalise Same-Sex Marriage in...

A draconian, archaic law that criminalized homosexuality was struck down in a historic judgment given by the Supreme Court in 2018. Two years after the judgment, the LGBTQ (lesbian, gay, bisexual, transgender, and queer) community has now sought legal recognition of their relationships. As the social stigmas surrounding the LGBTQ...

Modern Day Book Burning a.k.a Internet Shutdowns

The internet has become an indispensable element in our society for all the obvious reasons. For the majority of users, not a single day goes by where we don't 'need' the internet and the lack of a reliable and fast connection can feel paralyzing. An internet shutdown refers to...

Letter to UNHRC – Dr Kafeel Khan, Punished Because He’s Muslim

Kafeel Khan, a doctor by profession and a social activist has been targeted by Yogi Government since 2017, in 3 years he had been maliciously arrested 3 times & imprisoned for around 14 months on the false charges set up against him at many instances. Now he is absolved...

Prison Life In India and its Aftermath

Everyone prays to never see the bars of prison in their lifetime. Yet, as fickle as life is, it is quite hard to predict the future. It is in everyone’s benefit to know a little bit about prison life; for movies and cinemas do not do justice to the...