'Civil society can contribute in formulating laws'
The Union government, the Supreme Court and the high courts, at times, depend on the commission for its opinion on tricky policy formulations.
Commission Chairman Justice P V Reddi says the panel, which has played an advisory role so far, has sought statutory status so that its recommendations are binding and given concrete shape in the form of statutes. Justice Reddi spoke to Deccan Herald’s Ashish Tripathi on a range of issues in an interview. Excerpts:
What are the issues that are at present being considered by the Law Commission of India?
There are cases in which the Supreme Court has asked for our opinion. For example, a petition has been filed in the apex court seeking suitable direction to expedite the trial involving public functionaries or those occupying high position. On account of their influence or other extraneous reasons, expeditious trial and investigation has become a casualty. Now, we will give an opinion on this issue.
Also the matter relating to how much cost should be imposed for vexatious and frivolous litigation is being considered by us. In all these matters, we are suggesting some principles to be laid down. So also the insurance coverage for passengers traveling in goods vehicles as so many persons in rural areas travel in tractor, trolley and lorries.
They are not covered as they are unauthorised passengers. So the question is how to take care of their interest. Ultimately, directives of the Supreme Court will be final.
We have also been asked to examine certain aspects like compounding of offences and Section 498A (cruelty) of the Indian Penal Code. Since the offence is non-bailable and non-compoundable, police harass the complainants and victims. We have prepared a consultation paper with questionnaire.
What are the other issues that are engaging the attention of the commission?
The ministry of law also has referred a number of cases to us. One of them relates to honour crimes. We are going to release a consultation paper shortly. The Central government is contemplating a Bill on it. We are also working on giving some suggestions on Land acquisition Act and on formulating guidelines for sentencing (award of punishment). We also take some topics suo motu. One of them is improvement in justice delivery system. The law ministry has also sought our views on man-made disasters like the Uphaar fire tragedy in Delhi and Bhopal gas case.
What is the most significant contribution of the Law Commission of India in formulating laws?
There are reports of the Law Commission on almost on all the subjects -- there have been 237 reports so far covering wide range of topics. The Law Commission has recommended several changes in order to improve justice delivery system and to bring some procedural reforms and social welfare legislations.In criminal laws, the government is reviewing rape and sexual offences laws where our recommendations are being considered of.
What are your views on the Supreme Court giving direction for award of death penalty in all cases of honour killing and fake police encounter?
A blanket direction in all cases cannot be given. Moreover it is not the practice in SC to give such a direction in all such cases. Death sentence is an extreme penalty, whether it should be imposed or not depends on facts and circumstances of each case. Honour killing is a very nebulous term, you can’t just categorise certain crimes in some pigeon holes. In awarding death sentence, the court should be very careful and must weigh the pros and cons.
How do you view the role of civil society in formulating law?
Civil society members would like to be associated with the framing of the Lokpal Bill. It is the first such instance which has happened in this democratic country.
You can give certain suggestions when the bill is under contemplation. One issue is to persuade and pressurise the government to frame a law or a bill in certain areas of public interest like the RTI Act. Secondly, when the government takes up the process of formulating the law, give concrete suggestion to it, put forward your specific suggestion and try to persuade them to incorporate them into the law. Ultimately, Parliament has to pass it. They can contribute in framing of laws. Their contribution may not be direct and substantial but still their role cannot be ruled out.
What are your views on the collegium system of appointment for judges in the higher judiciary?
That is a very delicate issue. The present system need not radically be changed but at the same time there is scope for improvement and for refining the system. Sometimes, we are not in a position to get proper inputs of the candidates.
How do you see the future of the Law Commission?
The present law minister is keen to give support to Law Commission. The government wants to give statutory status to the Law Commission so that more functional autonomy will be there. He also promised legislative implementation committee or implementation cell rather, so that some of the recommendations which are very simple and salutary are taken care. There is also need to step up the pace for implementation of the recommendations of the Law Commission.