Q 1.
Discussing the significance of Criminal Justice System to build trust in
governance, analyse the socio-economic impacts of a poorly functioning Criminal
Justice System (CJS) on a society.
How to approach the question
Introduction
• Write about Criminal Justice System briefly
Body
• Write significance of Criminal Justice System to build trust in governance
• Write socio-economic impacts of a poorly functioning Criminal Justice System
(CJS) on a society
• Write way forward
Conclusion
• Give appropriate conclusion in this regard
Introduction
The Criminal Justice System (CJS) in India, comprising the police, courts, and prisons,
plays a pivotal role in maintaining law and order, delivering justice, and upholding
citizens' rights and freedoms. It is instrumental in ensuring the rule of law, which is
foundational to a functioning democracy.
Body
Significance of Criminal Justice System to build trust in governance
• Protecting Citizens' Rights: By providing avenues for fair trial and due process, the
Criminal Justice System safeguards citizens' rights and freedoms. Eg: Landmark
judgments like the Navtej Singh Johar case, where the Supreme Court
decriminalized homosexuality reinforce trust in governance.
• Deterrence of Crime: A robust Criminal Justice System acts as a deterrent to
criminal behaviour through the swift and impartial administration of justice. High-
profile convictions in cases like the 1993 Mumbai bombings underline the
system's efficacy in deterring terrorism, instilling confidence in the government's
ability to maintain law and order.
• Promoting Accountability: Holding perpetrators accountable for their actions fosters
accountability within the government and law enforcement agencies. Eg: arrests of
police officers involved in the custodial deaths of Jayaraj and Bennicks in Tamil
Nadu highlight the system's accountability, reinforcing faith in governance.
• Enhancing Social Cohesion: Fair and equitable treatment under the law promotes
social cohesion and trust in governance. Eg: Initiatives addressing communal
violence, such as the convictions in the Naroda Patiya massacre case, promote
social cohesion and trust in governmental efforts to uphold justice and harmony.
• Facilitating Economic Development: A stable and predictable legal framework,
ensured by an effective CJS, attracts investments and supports economic
development. Eg: resolution of commercial disputes through mechanisms like the
Insolvency and Bankruptcy Code (IBC) expedites business processes, attracting
investments and fostering economic growth.
• Strengthening Democratic Values: By upholding democratic principles such as
equality before the law and protection of individual rights, it reinforces the foundation
of democracy. Eg: Judgments affirming fundamental rights, such as the Right to
Privacy in the Aadhaar case, uphold democratic values, reaffirming trust in the
government's commitment to constitutional principles.
• Empowering Citizens: Access to justice and recourse through the CJS empower
citizens to participate actively in governance. Legal aid programs like the National
Legal Services Authority (NALSA), public interest litigations, and initiatives
promoting legal awareness empower marginalized communities and individuals,
fostering a sense of inclusion and trust in governance.
Socio-economic impacts of a poorly functioning Criminal Justice System (CJS) on a
society
Social impacts
• Increased Crime Rates: A dysfunctional CJS fails to deter criminal activities,
leading to an increase in crime rates. This creates an environment of fear and
insecurity among citizens. Eg: As per NCRB, low conviction rate of 25.3% for
crimes against women in India. This is a reason behind as many as 51 crimes in
2022 against women reported every hour in India, up from 21 in 2007.
• Social Injustice and Discrimination: When the CJS does not function impartially, it
leads to social injustice and discrimination. Marginalized communities often bear the
brunt, leading to increased social divides. Eg: In 2022, about a fifth (21%) of the
undertrials in 2022 were SCs, 9% were STs and 35% were OBCs.
• Erosion of Public Trust in Institutions: A poorly functioning CJS erodes public
trust in the state's institutions. The long pendency of cases, as seen with over 5.2
crore cases pending in Indian courts as of recent reports, frustrates the populace
and diminishes faith in the legal system's efficacy.
Economic impacts
• Detriment to Economic Growth: High crime rates and legal uncertainties act as
deterrents to domestic and foreign investment, hindering economic growth. Eg: a
survey by ASSOCHAM found that female tourism to India fell by 35% in the
three months after the 2012 Delhi gang rape and murder.
• Increased Costs for Security Measures: Businesses and individuals are compelled
to invest heavily in private security measures due to inadequate public safety
provisions, diverting resources from productive use. According to Grant Thornton,
the private security industry in India is estimated to be worth around INR 400
billion and is expected to grow at an annual rate of 20%.
• Loss of Human Capital: Wrongful convictions and the overuse of pre-trial detention
not only waste lives but also deprive society of productive workforce members.
According to the 2022 Prison Statistics India report, over 75% of prisoners in
India are under trial, reflecting a grave loss of human capital.
Way Forward
• Fast-Track Courts for Speedy Trials: Expediting the adjudication of pending cases,
especially those involving heinous crimes, through fast-track courts. Eg:
establishment of fast-track courts for rape cases in Delhi after the 2012 gang
rape case serves as a model.
• Police Reforms for Efficiency and Transparency: Implementing the directives of
the Supreme Court in the Prakash Singh case for police reforms, focusing on
accountability, training, and sensitization to human rights, can enhance the quality of
policing.
• Modernizing Forensic Infrastructure: Investing in state-of-the-art forensic labs and
training personnel in the latest forensic techniques can significantly improve the
investigation process. The inauguration of the National Forensic Sciences
University in Gujarat is a step in the right direction.
• Legal Aid for the Marginalized: Strengthening legal aid services to ensure that the
poor and marginalized have access to quality legal representation. Eg: success of
programs under the National Legal Services Authority (NALSA) needs to be
expanded and made more accessible.
• Judicial Infrastructure Development: Enhancing the physical and technological
infrastructure of courts to handle cases more efficiently. Eg: E-Courts Mission Mode
Project aimed at digitizing the legal process can be further strengthened for
improving judicial efficiency.
• Community Policing to Build Trust: Expanding community policing initiatives that
involve citizens in crime prevention and foster a relationship of trust between the
police and communities. The 'Bharosa' initiative in Hyderabad is a commendable
example of community engagement which needs to be replicated.
• Corrections and Rehabilitation Programs: Focusing on correctional programs that
aim for the rehabilitation and reintegration of offenders back into society, such as the
open prison system in Rajasthan, can reduce recidivism and aid in the societal
reintegration of prisoners.
• Witness Protection Programs: Implementing effective witness protection schemes
to ensure that witnesses can testify without fear of retribution. Eg: Witness
Protection Scheme, 2018, needs to be robustly applied across states.
• Public Awareness Campaigns: Conducting public awareness campaigns about legal
rights and the importance of the rule of law. Initiatives like the 'Tele-Law' service,
providing legal advice through video conferencing, demonstrate the power of
technology in enhancing legal literacy.
• International Collaboration for Best Practices: Engaging in international
collaborations to learn from global best practices in criminal justice reforms. The
collaboration between the Bureau of Police Research and Development
(BPR&D) and counterparts in other countries could provide insights into
innovative policing techniques and judicial practices.
Conclusion
By addressing these areas through focused reforms and initiatives, India can build a
more responsive, efficient, and equitable Criminal Justice System. This, in turn, would
reinforce public trust in governance, promote social harmony, and support sustainable
economic growth, ensuring that justice is both accessible and timely delivered across
the country.
Q2. "Discuss the multifaceted reasons contributing to the rise in crime rates in India.
Propose comprehensive strategies that could effectively mitigate these contributing
factors and curtail crime rates.” (15 Marks, 250 Words)
How to approach the question
Introduction
• Write about rise in crime rates in India briefly
Body
• Write multifaceted reasons contributing to the rise in crime rates in India
• Write comprehensive strategies that could effectively mitigate these contributing
factors and curtail crime rates
Conclusion
• Give appropriate conclusion in this regard
Introduction
India has witnessed an uptick in crime rates over recent years, influenced by various
factors. According to the National Crime Records Bureau, India's crime rate (crime
incidence per 100,000 people) went from 383.5 in 2018 to 422.2 in 2022 This rise not
only jeopardizes public safety but also hampers the socio-economic development of the
country.
Body
Multifaceted reasons contributing to the rise in crime rates in India
• Socio-Economic Disparities: The widening economic gap between different
sections of society with India's richest 1% citizens owning 40.1% of the country's
wealth often leads to frustration among those at lower end of economic spectrum,
leading to an increase in crime to address their grievances or fulfill their needs
through illegal means.
• Unemployment: High unemployment rates, especially among the youth, correlate
strongly with crime rates. In 2022, the share of unemployed youths in the total
unemployed population was 82.9% (India Employment Report 2024), pushing
some towards criminal activities as a means of survival or to assert control.
• Drug Abuse and Illicit Trafficking: The rise in substance abuse, fueled by both
urban stressors and the lucrative drug trade, contributes significantly to criminal
behaviour. Eg: According to a government report, India had 2.3 crore opioid users
in 2018, a five-fold jump in 14 years.
• Inadequate Law Enforcement and Judicial Systems: The inefficiency, corruption,
and inadequacy of the law enforcement and judicial systems in addressing and
deterring crime often leads to impunity, encouraging further crime. Eg: According to
CEIC Data, India's court conviction rate was 54.2% in 2022, which is down from
57% in 2021.
• Impact of Technology and Cybercrime: The digital age, while bringing numerous
benefits, has also introduced new avenues for crime, including cyber fraud, hacking,
and online harassment. Eg: In 2023, India had 129 cybercrime complaints per
lakh population received on the National Cybercrime Reporting Portal (NCRP),
a 61% increase from 2022.
• Breakdown of Social Structures: It can lead to a loss of community oversight and
moral guidance for young people, making them more susceptible to criminal
influences. Eg: The 2020 Delhi riots, partly attributed to a breakdown in
community relations and social cohesion, resulted in numerous crimes,
including vandalism, arson, and murder.
• Media and Cultural Influences: The influence of the so-called "gangster culture" on
youth, popularized by movies and music, has been linked to an increase in crimes
such as illegal possession of arms and drug trafficking, especially in cities like
Mumbai and Delhi.
Comprehensive strategies that could effectively mitigate these contributing factors
and curtail crime rates
• Enhancing Social Equity: Implement comprehensive welfare programs that ensure
access to basic necessities, education, and employment opportunities for all sections
of society. Eg: Kerala's model of development emphasizes social welfare and
equitable distribution of resources, resulting in lower crime rates compared to
other Indian states.
• Community Engagement: Encourage community policing initiatives, neighbourhood
watch programs, and civic engagement to strengthen community bonds. Eg:
promoting initiatives like Mumbai Police's "Police Didi" initiative engages
policewomen to educate slum-dwelling children and women about safety and
legal rights.
• Access to Quality Education and Social Services: Enhance access to quality
education, healthcare, and social welfare programs, focusing on the most vulnerable
populations. Eg: further strengthen the Mid-Day Meal Scheme to improve
educational attendance and reduce dropout rates providing children with a
pathway out of poverty.
• Cybersecurity Measures to Combat Cybercrime: Enhance national cybersecurity
frameworks, conduct regular audits of critical infrastructure, and promote
cybersecurity awareness among citizens. Eg: Indian Computer Emergency
Response Team (CERT-In) can be strengthened to play a crucial role in
enhancing cybersecurity.
• Drug Abuse Prevention and Rehabilitation: Implement nationwide drug education
programs in schools and communities, with accessible de-addiction services. Eg:
Punjab's comprehensive action plan against drug abuse involves awareness
campaigns, de-addiction centers, and strict enforcement against drug trafficking.
• Media and Cultural Campaigns Against Violence and Crime: Positive media
representation and cultural campaigns can change societal attitudes towards crime.
Example: The "Bell Bajao" campaign encouraged men and boys to take a stand
against domestic violence, shows the power of media in shifting cultural
norms.
Conclusion
Thus, the rise in crime rates in India is a complex issue influenced by multifaceted
factors, ranging from socio-economic disparities to the influence of technology. However, by
implementing comprehensive strategies that address these root causes with
coordinated efforts from government, civil society, and individuals, India can create a
safer, more equitable society.