Time for Delhi High Court to have Human Rights Division: Justice Anup Jairam Bhambhani

The Delhi High Court should have a human rights division to exclusively deal with and address the grievances of human rights violations which come our way, Justice Anup Jairam Bhambhani of Delhi High Court said on Thursday..He said that with the expanding criminal justice reform, there is a need for the institution like the Delhi High Court to go beyond commercial and intellectual property division and lead the way by having a human rights division as well.“If I may say so with utmost respect. Beyond the rich man's jurisdictions, beyond having a commercial division and an intellectual property division, all of which are doing stellar work and are welcome, but perhaps it is also time for the Delhi High Court to lead the way by now having a human rights division, both to implement new Sanhitas [three new criminal laws enacted by Parliament] and also to redress grievances of other human rights violations which come our way through habeas corpus petitions, child rights matters, matters relating to mass encroachments, matters relating to refugees and other similar cases involving personal liberty and freedom,” he said.He, therefore, urged the Acting Chief Justice and other senior judges of the High Court to consider setting up such a division. “I would commend this suggestion of creating a new Human Rights Division in the Delhi High Court for the consideration of our Acting Chief Justice and other senior judges of the High Court.” .Justice Bhambhani was speaking at the launch of books on the newly introduced Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam.The books have been authored by advocate Saurabh Kansal, Professor (Dr) Vageshwari Deswal and Dr Shruti Goyal..Justice Bhambhani also spoke on the new laws and said that the fact is that the parliament has spoken by bringing in the new legislations and the judiciary as another pillar of democracy, is now under bounden duty to interpret and implement them.“The stated objective is of course to bring comprehensive reform in our criminal justice system. The idea is to modernize, streamline, and adapt the framework to contemporary standards. The intention is to bring more justice and fairness in the scheme of things. All of which I must say, are very, very laudable motives,” he said..Justice Suresh Kumar Kait of the Delhi High Court also spoke on the occasion and stressed that one of the biggest challenges in India’s criminal justice system is delay and the lawmakers have framed the three news laws keeping in mind the old saying “justice delayed is justice denied”.“Some potential effects that can be brought in by the new criminal laws would be protection of witnesses and victims. It [the new laws] aim to improve protection for victims and witnesses, including through the introduction of witness protection scheme. Streamlined procedures under the Bharatiya Nagrik Suraksha Sanhita may expedite investigations and trials. Faster justice delivery could discourage criminals and enhance public trust in the legal system,” Justice Kait said.He was also of the view that the three new law demonstrate a commitment to provide enhanced protection for marginalised and vulnerable segments of society.“The three acts underscore India’s commitment to reform its legal framework in the present era. These reforms are a significant step towards modernising India’s criminal justice system and addressing the challenges of today’s society,” Justice Kait opined..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.