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A law to cut the litigation clutter

A law to cut the litigation clutter

Deccan Herald 2 weeks ago

The Jan Vishwas (Amendment of Provisions) Bill, 2026, passed by parliament, will help to decriminalise a large range of provisions in the statute book and rationalise punishments for many offences.

It has amended 784 provisions across 79 central laws - thus reducing their obstructionist potential in many areas, including business - and decriminalised 717 provisions. The amendment covers laws in multiple sectors, including drugs and cosmetics, food safety, healthcare, commerce, industry, environment, and taxation, removing criminal sanctions such as imprisonment or fines and replacing them with civil mechanisms such as warnings and monetary penalties. Offences involving minor procedural violations that attract criminal penalties, particularly imprisonment, will be removed from the criminal code. They will attract reduced penalties and will be subjected to an adjudication mechanism with appellate provisions.

Govt introduces Jan Vishwas amendment bill in Lok Sabha

Importantly, the Bill separates deliberate misconduct from procedural non-compliance. It makes compliance simpler, especially for smaller enterprises and MSMEs, and seeks to provide institutional relief by reducing the lower judiciary's case burden. India's laws have supported a general tendency for both the public and the government to litigate. According to reports, around 50 million pending court cases involve minor offences, and most of them do not merit a court's intervention. Decriminalising such cases will unclog the courts. Graded responses, such as warnings and advisory notices - instead of prosecution for minor or first-time offences - are envisioned, along with adjudicating officers empowered to decide on cases against deadlines and appellate mechanisms to ensure fairness. Penalties will be periodically revised to retain their deterrent value, and digitisation and procedural simplification will help reduce inconsistencies in enforcement.

Over the last few years, the government has decluttered the statute book by eliminating many laws that have outlived their utility. Some of them were of colonial vintage. Though many laws are not commonly known or used, some continue to be wielded for their 'nuisance value'. Some of these laws have caused difficulties for common people in the form of long-drawn legal battles. Many businesses, small and big, have suffered from the use of such laws by government officials, adversaries, and others. They have caused immense loss of judicial time and waste of financial resources. Businesses have sometimes adopted excessively cautious and negative policies, fearing frivolous and prolonged litigation. The enactment of this legislation requires effective implementation. Many such initiatives lose momentum during enforcement due to strong vested interests, even within the government, that favour a status quo because current processes have entrenched their influence in the system.

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