Legal system unprepared for new personal tech
Fitness trackers and smartphones that record users' daily activities are now likely to be used increasingly in criminal investigations, a…
Bharat Chamber of Commerce in association with the Indian Council of Arbitration organised a symposium on ‘Legal Reforms for Sustainable Growth’, which was addressed by Guest-in-Chief Mr Arjun Ram Meghwal, Minister of State (Independent Charge), Ministry of Law and Justice, Government of India
Bharat Chamber of Commerce in association with the Indian Council of Arbitration organised a symposium on ‘Legal Reforms for Sustainable Growth’, which was addressed by Guest-in-Chief Mr Arjun Ram Meghwal, Minister of State (Independent Charge), Ministry of Law and Justice, Government of India where Mr Meghwal observed, “The purpose of the Indian Penal Code, enacted by the British in 1860, was not to ensure justice but to give punishment.” The criminal laws have been reformed with the objectives of justice, equality, and fairness, added Mr Meghwal.
Along with Mr Meghwal, the symposium was also addressed by Mr N. G. Khaitan, President of the Bharat Chamber of Commerce (ICA), who, in his opening speech, congratulated Mr Meghwal for the introduction of three new laws, setting a new path of administration of criminal justice. Khaitan emphasised further simplification of land acquisition processes and of bringing greater clarity on compensation rules while balancing the rights of landowners and promoting industrial projects.
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In the course of the discussions, Mr Meghwal assured that the rules for the Digital Personal Data Protection Act will be released soon. He further added that digital integration in the legal framework through “e-Prisons, e-Forensics, e-Prosecution and e-Courts implemented by the Government of India has ensured seamless transfer of data and information among different pillars of the criminal justice system”, like courts, police, jails and forensic science laboratories, from one unified platform. During the pandemic, the Indian judicial system worked effortlessly with the support of the strong digital infrastructure, added Shri Meghwal.
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In the context of ‘Ease of doing business’, Mr Meghwal emphasised that the introduction of the Jan Vishwas Bill marks a milestone in the Indian judicial system as it aims to decriminalise 183 provisions in 42 legislations, including over half a dozen colonial-era laws. Punishments for small and minor offences have been done away with community service, and this has been a critical reform in the legal system, observed Mr Meghwal.
The symposium was also addressed by Shri Arun Chawla, Director General, ICA and Principal Advisor. Mr Chawla, in his opening address, underscored the importance of the Mediation Act 2023 in promoting Alternative Dispute Resolution (ADR). Chawla stated that settlements for domestic and international disputes through mediation in India now have the same legal standing as a court decree or arbitral award. “This legal recognition not only boosts the credibility of mediation but also makes it a reliable and efficient option for resolving disputes,” he added.
Speaking on the scope of the Arbitration and Conciliation Act, Mr Chawla observed that recent rulings of the court have reinforced the emergence of arbitration awards, providing quicker relief in urgent cases, and recognised third-party funding, making arbitration more accessible to businesses of all categories by easing the financial burden of pursuing claims.
Earlier in his welcome address, in the context of the Arbitration Amendment Act 2019, Khaitan asserted that an autonomous Council should be established with representation from various stakeholders to make the arbitration architecture in India functional as a legal entity.
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