The criminal law code of the country, again is a relic of the British Raj. The criminal law code was conceived and designed to suppress the Indian citizens while absolving the ruling power and its personnel from all wrong doing and indeed, in many cases, protecting government servants from prosecution.
This provided an ironclad safety net to the foreign power’s personnel and they mostly did as they pleased within the legal protection they enjoyed. That a government officer cannot be prosecuted without permission of the government for complaints of corruption or other crimes is the biggest anomaly in independent India.
For instance, the laws pertaining to defamation, which are currently falling under the criminal procedure code, when it is clearly a civil matter; a leftover of the British rule, are a striking example of the protection enjoyed by the politician and bureaucrat who lords it over the citizens leading to the lop-sided, corrupted system more interested in promoting self-interest and using State power to push private agendas, than efficient, honest governance for the benefit of the people to whom any government must be accountable.
The Rising India Party proposes below a completely new Criminal Law Code and system of administration that is designed to reduce the incidence of crime through holistic approaches that recognize that fundamentally crimes and criminal intent is rooted often in human psychology and are generally extremely disturbed minds that have experienced childhood abuse or a lack of parental love and stability as core reasons for such personalities coming into being.
The Rising India Party undertakes a complete overhaul of the criminal system and the way in which it is to be handled. Human issues cannot be legislated out of the system; however, a psych-socio approach can mitigate the current overload.
The Rising India Party, on winning elections, will bring in the policies laid out below that would govern the functioning of the Criminal Law Code. These policies will reduce the case load burden of courts; of hearing matters that can be tackled elsewhere within the Indian civilizational narrative, thus driving efficiencies and effectiveness in the overloaded State Court System.
The Rising India Party proposes the following actions and framework and underlying principles for the Criminal Law Code for the country. These would be put up for a referendum vote amongst other referendum initiatives of The Rising India Party, as follows:
- Criminal Law in India is generally defined as law that governs crimes, including felonies and misdemeanors.
- Crimes are generally referred to as offenses against the State. It is to be noted that these are laws set and were used by the foreign British power to suppress the Indian population and to protect its own through laws that are blatantly flawed; and these remain on the statue books of the Indian state that make the publics life miserable. Most of these need, largely, to be dumped.
- The Rising India party government would, on winning elections, suspend the Criminal Law Code of the country for 12-18-month period except as those pertaining to murder, physical violence of any kind, theft, dacoits, rape and other capital crimes and other nominated headings that would be announced within three months.
- The Rising India Party government would set up Audit Boards and Plans Boards to undertake a line by line review of existing criminal laws of the country with the view to dropping all those that are antiquated, don’t make sense within the Indian civilizational narrative or are otherwise archaic, as drawn up by the British to suppress our population and to safeguard or promote its own interests or those of its officers.
- There are many laws in the Criminal Code that have no business to be there and need either to be dropped or moved to the Civil Code.
- The government would aim to simplify and condense the laws that operate in society, to reduce stress and take out unnecessary low-end rules and laws that do nothing other than make otherwise honest citizens into criminals. There are far too many laws on the books to the extent as to make nearly every citizen a law breaker.
- In the new Criminal Law system, while incarceration would remain a central punishment, simultaneously, a psychological evaluation and treatment would be made integral to the attempt to rehabilitate and “cure” to the extent possible, the underlying psychological factors that drive criminal behavior.
- The incarceration and post incarceration method would be altered to open self run jails with productive activity that would ensure a reduced burden on the State for maintaining such facilities.
- Human behaviors that stem from the “nature of nature” narrative such as women offering their bodies in exchange for money, gambling and such like, would be decriminalized.
- However, there would be social discussion groups and psychological evaluation and help groups would be set up to tackle these issues at public levels with widespread engagement of the public self help methodologies.
- The government would aim to declutter Criminal law so that the police forces can concentrate their attention on crime prevention through better quality public-connect than has been the case since British times.
- The current system of jails will be abolished and replaced with walled, 24x7 surveillance based townships that house the prisoners who would run these for themselves including being self-sufficient by growing their own food and churn out products for sale to earn their livelihoods etc. Acreage worked to optimum density, with accommodation being a combination of high-rise and farmland.