Context:

• The Jan Vishwas Bill 2.0, recently announced by the Union government, aims to decriminalize minor infractions and rationalize legal provisions.
• The proposed bill must go beyond the framework used for version 1.0, where asking civil servants to give up jail provisions led to meagre outcomes (nobody surrenders a stick; it must be taken away).
• Jan Vishwas 3.0 is expected to follow at the state level to further enhance governance and reduce arbitrary enforcement of laws.

India’s Over-Criminalization Problem:

• A new database by the Vidhi Centre for Legal Policy highlights 174 years of legislative enactments across 882 central laws.
• 370 laws contain criminal provisions covering 7,305 crimes:
  • 5,333 crimes attract jail terms.
  • 982 requires mandatory minimum jail terms.
  • 433 prescribes life imprisonment.
  • 301 imposes the death penalty.
• Only 25% of these crimes relate to core criminal justice laws (e.g., Bharatiya Nyaya Sanhita, National Security Act), while the majority govern everyday activities.

Excessive and Arbitrary Criminal Provisions:

• Many laws criminalize trivial infractions, such as:
  • Milking a cow on the street.
  • Failing to report an animal's death within three hours.
  • Neglecting to provide exercise to a pet dog.
  • Storing e-cigarettes.
• These provisions lead to:
  • Arbitrary power exercises by officials.
  • Blurred distinctions between minor infractions and serious crimes.
  • Disproportionate penalties (e.g., six-month jail term for failing to maintain records under the Mental Healthcare Act, 2017, the same as for unauthorized brain surgery).

Impact on Citizens and Governance:

• Lack of awareness about excessive criminal provisions leaves citizens vulnerable to corruption and digital scams.
• Over-reliance on criminalization reflects challenges in imposing a modern state framework on an ancient civilization.
• The justice system disproportionately impacts the poor, who are more vulnerable to law enforcement excesses.
• Low conviction rates mean that the legal process itself becomes a form of punishment.

The Path to Decriminalization:

• The Vidhi report suggests four key principles for rationalizing criminal laws:
  • Protection of value: Criminalization should protect fundamental societal values and public interest.
  • Protection against harm: Laws should be justified only if they prevent clear, identifiable, and substantial harm.
  • Effective and efficient solutions: Criminalization should be used only when necessary to achieve legitimate legal objectives.
  • Proportionality: Punishments should align with the gravity of the offense.
• Laws should also be assessed for their impact on:
  • Human rights
  • Society
  • Fiscal burden
  • Justice system capacity

Conclusion - Towards a Balanced Justice System:

• India has 75% of prison inmates as undertrials and 3.5 crore pending criminal cases.
• Reforms must shift the justice system toward a restorative and rehabilitative rather than retributive model.
• As India moves toward Viksit Bharat by 2047, ensuring ease of living should be a priority.
• The Jan Vishwas 2.0 and 3.0 initiatives seek to strike a balance - finding the Madhyam Marg between trusting and punishing citizens, and paving the way for a more just legal system.