HIDAYATULLAH NATIONAL LAW UNIVERSITY,

RAIPUR

PROJECT

ON

LAW REFORM COMMISSION AND ITS ROLE IN THE

DEVELOPMENT OF INDIAN LEGAL SYSTEM: A CRITICAL
ANALYSIS

Completion of the requirements of Paper (RESEARCH

METHODOLOGY AND LEGAL WRITING)
SUBMITTED BY:

ISHWAR CHANDRA ROY

ROLL NO.-25

BATCH – XIII (2019-2020)

LL.M. – 1ST TRIMESTER

SUBMITTED TO:

DR. KAUMUDHI CHALLA

ASSISTANT PROFESSOR

DATE OF SUBMISSION: 25TH OCTOBER, 2019

DECLARATION

I, Ishwar Chandra Roy, student of LL.M. 1st Trimester of Hidayatullah National

Law University, Raipur hereby declare that the research project work entitled “Law

Reform Commission and its Role in the Development of Indian Legal System: A

Critical Study”, submitted to the Hidayatullah National Law University, Raipur is

a record of an original work done by me under the guidance of Dr. Kaumudhi

Challa, Assistant Professor Hidayatullah National Law University, Raipur. In the

process of making it, I have referred certain books, journals, and articles from internet

sources. It would not have been possible to complete my project as a student without

the help of such materials.

Sd/-
Date: 25/10/2019 Ishwar Chandra
Roy
Roll No. 25

i
 CERTIFICATE

This is to certify that the research project entitled “Law Reform Commission and its
Role in Development of Indian Legal System: A Critical Analysis” submitted by
Ishwar Chandra Roy is a bona fide work which has been carried under my supervision
and has not been submitted for award of any other degree.

Date: (Dr. Kaumudhi Challa)

Assistant Professor
(Law)

ii
 ACKNOWLEDGMENTS

With this short expression of thanks, I conclude an enriching tri-semester of intense

study. I would like to thank the entire staff of Hidayatullah National Law University,
Raipur, Chhattisgarh for teaching me both theoretical backgrounds and life
experience. In particular, I would like to thank Dr. Kaumudhi Challa for supervising
my research project. She allowed me to follow my personal interests, and adjusted my
ideas with interesting and inspiring remarks. Furthermore, the books & web sources
provided by the library staff, also deserves a grateful mention. Finally, I would like to
thank my family and friends for their support and patience.

iii
 ABBREVIATIONS
Art. Article

CCTV Close Circuit Tele Vision

FIR First Information Report

IPC Indian Penal Code

JVC Justice Verma Committee

NGO Non-Governmental Organisation

USSR Union of Soviet Socialist Republic

v/Vs. Versus

iv
 TABLE OF CONTENTS

DECLARATION..........................................................................................................(i)
CERTIFICATE............................................................................................................
(ii)
ACKNOWLEDGEMENTS.........................................................................................
(iii)
ABBREVIATIONS......................................................................................................
(iv)
CHAPTER 1 INTRODUCTION AND RESEARCH
METHODOLOGY……...01
CHAPTER 2 LAW COMMISSION OF
INDIA……………………………….10

CHAPTER3 ROLE OF LAW COMMISSION IN LEGAL

REFORM……….16
CHAPTER 4 SARDAR SWARN SINGH COMMITTEE………...... …………
18

CHAPTER 5 JUSTICE J S VERMA COMMITTEE……………………………

21

CHAPTER 6 CONCLUSION
……………………………………………….32
BIBLOGRAPHY………………………………………………
34

v
CHAPTER 1 INTRODUCTION AND RESEARCH
METHODOLOGY

1.1 INTRODUCTION

Law Commission of India is an executive body. It is established through an order

of the Government of India. Its core function is to reform laws, comprises of legal
experts assigned by the government to take good care of the laws, and create
maximum peace, security and justice in the society. It also acts as an advisory
body to the Ministry of Law and Justice. Law Commission of India is neither a
constitutional body nor a statutory body. It is truly an ad hoc and advisory body
whose work is to do research and make recommendations for law reforms such as
amendments and updations of prevalent and inherited law.

Law Reform has been a continuing process particularly during the last 300 years
or more in Indian history. In the ancient period, when religious and customary law
occupied the field, reform process had been ad hoc and not institutionalised
through duly constituted law reform agencies. However, since the third decade of
the nineteenth century, Law Commissions were constituted by the Government
from time to time and were empowered to recommend legislative reforms with a
view to clarify, consolidate and codify particular branches of law where the
Government felt the necessity for it. The first such Commission was established in
1834 under the Charter Act of 1833 under the Chairmanship of Lord Macaulay
which recommended codification of the Penal Code, the Criminal Procedure Code
and a few other matters. Thereafter, the second, third and fourth Law
Commissions were constituted in 1853, 1861 and 1879 respectively which, during
a span of fifty years contributed a great deal to enrich the Indian Statute Book
with a large variety of legislations on the pattern of the then prevailing English
Laws adapted to Indian conditions. The Indian Code of Civil Procedure, the Indian
Contract Act, the Indian Evidence Act, the Transfer of Property Act. etc. are
products of the labour of the first four Law Commissions. 1

1
. htt p://www.lawcommissionofindia.nic.in/main.htm#First_Law_Commission visited on 04.10.2019

1
The Law Commission of India though an ad hoc body has been key to law reform
in India. Its role has been both advisory and critical of the government policies.
The Supreme Court of India has recognised commission as pioneering
prospective.   In a number of decisions, the Supreme Court has referred to the
work done by the commission and followed its recommendations. The fact that the
chairman of the commission is generally a retired "judge of the Supreme Court has
helped the prominence of the commission. The Commission reviews judicial
administration to ensure that it is responsive so that delays are eliminated, arrears
are cleared and disposal of cases is quick and cost-effective without sacrificing the
cardinal principle that they are just and fair. The Commission seems to simplify
procedure to cure delays and improve standards of justice. It also strives to
promote an accountable and citizen-friendly government which is transparent and
ensures the people’s right to information.

The recommendations of the commission are not binding on the government. They
are recommendations. They may be accepted or rejected. Action on the said
recommendations depends on the ministries/departments, which are concerned
with the subject matter of the recommendations. This has resulted in a number of
important and critical recommendations not being implemented. The commission,
however, has continued to work upon its assigned tasks. The power vested in the
commission to take up matters for discussion and submit recommendations has
also worked well to the advantage of India’s legal system. The history of the
commission is replete with such recommendations which have been made in the
wake of the hour and where the law has needed change Further, the commission
has been often returned to review its earlier.

The commission consists of many staff among whom around

twelve staffs are researchers at a different rank with a different experience. A
smaller section of the group looks after the administration of the Commission’s
operation. The commission meetings take place frequently and that is where the
projects are initiated. Different issues are discussed, among which few important
topics are chosen to work on. The required work which is to be done is identified
and assigned to each member and the sources of data are also identified. Basically,

2
an outline is formed for the research work regarding how to work and proceed.
The commission meeting not only help in identification and working on the issue
for research but also gives a unanimous decision of all the members and makes the
work process easy.

Before and after the independence certain legal reforms committee and
commissions are established for the purpose of tackle the problems of society
because dynamic nature of law and society requires changes according to
circumstances and time. Law change in change in social relations law as well as
society where it applies is not static. Law has to be reformed according to need of
the society. There are various tools to find out need of law reforms in particular
country. Research is one of the important tools for any project of law reform. For
the purpose of law reform central government as well as state government,
parliament, human rights commission, Supreme Court, university grant
commission and numbers of NGO established certain committees and commission
for research any particular problem and give suggestions to solve this problem and
this purpose till numbers of committee and commissions are established some are
permanent and some are temporary. For example, Law Commission of India is
temporary a non- statutory body constituted by the Government of India from time
to time. The Commission was originally constituted in 1955 and is re-constituted
every three years, in 1957 central government was established Balwant Rai Mehta
Committee for the purpose of community development programmed and the
National extension service , In 1976, the Congress Party set up the Sardar Swaran
Singh Committee to make recommendations about fundamental duties ,in 1977
central government established Ashok Mehta Committee on Panchayati Raj
Institutions , in 1998 central government was established Narasimham committee
on Banking sector reforms, in 2005 central government established Sachar
committee for Examine social, economic and educational condition of Muslim
community of India and after 2012 in Delhi Nirbhaya gang rape case on 23
December Central Government was established Justice Verma committee to
recommend amendments to the criminal law as to provide for quiker trial and
enhancement of punishment for criminals accused of committing sexual assault
again women.

3
After Independence to till date end numbers of committee and commissions are
established and the committee and commission have played very crucial role for
legal research because on the basis of research they committees and commissions
have submit our report and on this behalf they promote the legal research and
encouragement of legal research.

In this project I would discuss role of few commissions and committees in the
field of legal research and impact of these committees and commissions in law and
society.

1.2 RESEARCH METHODOLOGY

1.2.1 TITLE

“Law Reforms Commissions and its Role in the Development of Indian Legal System
: A Critical Analysis”.

1.2.2 RESEARCH PROBLEM:

1. What is the Role of Legal Research in law and society?

2. How does The Government promote the Legal Research?

3. What are the effects of Recommendations of Legal reforms Committees and

commissions?

4. What are the Roles of Sardar Swarn Singh and Justice Verma Committees in
field of legal reforms.

1.2.3. RATIONALE:

Law reforms commissions are formed for the legal research by the government, to
know what should be the changes in the existing law. The law commission after
doing research suggested the recommendations, then the government made changes in
the existing law on the basis of such recommendations, to meet the purpose of law
and the welfare of society. In this research work we will know, how the legal research
done by the law commissions is important for legal reforms.

4
 1.2.4. OBJECTIVES:
This project topic explores the Role of Legal Reforms
Committees and Commissions in the field of Legal research. The object of the study
to analyse the role and effect in the field of legal research of various committees and
commissions which are established by the Central Government and any other bodies
for tackle the problems of society or any other purposes.
• To understand the concept of Law
Commissions.
• To study the functions of commissions.
• To know the meaning of the term “legal research”.
• To study , why law reform is needed.
• To analyse the role of Law Commissions in the legal reform.
• To analyse the Sardar Swarn Singh Committee Report.
• To analyse the Justive J S verma Committee Report.

1.2.5. REVIEW OF LITERATURE:

Swaran Singh Committee and 39th - 42nd Amendments Dr Makkhan Lal
July 31 , 2018, Vivekanand International Foundation: This article of Dr.
Makkan Lal talks about the recommendations of the committee, that what are
the recommendations proposed by the committee. This article also help in the
understanding of 39th -42nd constitutional amendments in the furtherance of the
recommendations of the committee. This article also discussed the background
of the committee.

Role of Law Commission as a Legal Institution In India, Author, Vallery

Vas: This Article based on the study of the Law Commission of India, that
what is the legal status of the commission, how does it work and what are the
main functions of the commission. This paper also study the effect of the
recommendations of the Law Commission and how it helps in the development
of the legal reform in India. This paper helps me a lot to understand the role of
law commission of India in legal development.

5
 Critical Commentary on Justice Verma Committee Report, Author,
Apurva Vuirty, Tata Institute of Social Science: This Article study the
whole Justice Verma Committee Report, it touches the each and every aspect
of the Verma committee Report. This Article critically examine every aspect of
recommendations of the committee, and what has been amended in criminal
law on recommendations of the committee. This paper also made emphasis on
the demerits of the committee, that what portion of the legal research has been
left behind. This Article helps to understand the reader a complete picture of
the Justice Verma Committee Report.

1.2.6. HYPOTHESIS:
Law Commission and committees are made for the purpose of legal research. The
main function of the law commission to study the legal frame work of India, and after
doing legal research, he proposed the recommendations to change in the legal
provisions, then government think over these recommendations and made suitable
changes in the existing law. The recommendations of these commissions and
committees are not binding on the government, government are free to accept or reject
these recommendations There has been several changes in the law of Indian legal
system on the recommendations of the report of law commissions and committees.

1.2.7. CONCEPTS:

Legal Reform:
Law reform or legal reform is the process of examining existing laws, and advocating
and implementing change in a legal system, usually with the aim of
enhancing justice or efficiency. One important challenge for lawmakers is law reform.
Society changes over time and so the views and values of its citizens. Law reform is
the process of changing and updating laws so that they reflect the current values and
needs of modern society. Those responsible for making our laws must identify and
study shifts in values, behaviours and expectations; they must consider whether new
or amended laws are required; they must develop and implement these changes. Law
reform is a perpetual or ongoing process: it never finishes.2

2
htt ps://lawgovpol.com/what-is-law-reform/ visited on 04.10.2019

6
Law reform activities can include preparation and presentation of cases in court in
order to change the common law; lobbying of government officials in order to
change legislation; and research or writing that helps to establish an empirical basis
for other law reform activities. Law reform is a continuous process, with the
development of the society there should changes in existing law according to the need
of the of the society. Law reform is done by the government on the recommendation
of law commission and committees which is set up by the government to do legal
research.

Legal Research

Legal research is "the process of identifying and retrieving information necessary to

support legal decision-making. In its broadest sense, legal research includes each step
of a course of action that begins with an analysis of the facts of a problem and
concludes with the application and communication of the results of the investigation. 3
Legal research is generally the process of finding an answer to a legal question or
checking for legal precedent that can be cited in a brief or at trial. Sometimes, legal
research can help determine whether a legal issue is a "case of first impression" that is
unregulated or lacks legal precedent. Virtually every lawsuit, appeal, criminal case,
and legal process in general requires some amount of legal research. Legal research is
the systematic investigation of problems and of matters concerned with law such as
codes, Acts, constitution etc. Judges, lawyer`s, Law commissions and researcher
constantly do research in law. They do make systematic research into the social,
political and other fact conditions which give rise to the individual rule.4

Law Reform Committee:

Law reform committees is the committee which prime work is to study the existing
law on tackle the problem of the society, after doing legal research, the committee
proposed some recommendations to change in the existing law, on such
recommendations the government of the day consider such recommendations and
made changes accordingly. On many occasions the government of the India formed

3
htt ps://en.wikipedia.org/wiki/Legal_research visited on 21.10.2019
4
htt p://legallive247.blogspot.com/2017/03/legalresearch-is-systemati c.html visited on 17.10.2019

7
the law review committee to review the existing law, made legal research for the
purpose of law reform.

1.2.8. RESEARCH DESIGN:

I. Nature & Type of Research

Present research work focuses on the role of law commission and committees in legal
reserch and development of legal frame work of India. The whole proposal has been
divided into various chapters. The assignment thus provides a clear picture of the role
of such commissions and committees in development of legal reform.

Keeping in view the nature of problem analytical method has been adopted. In
accordance with this method it will be more of non-empirical research. An attempt
has been made to study the relevant reports of committees, text books, published
Articles, internet data etc.

II. Sources & Method of Data Collection

The present source of data is through primary as well as secondary source wherein
primary sources include law commission report, report of sardar Swarn Singh
Committee and Justice J.S. Verma Committee report and secondary sources comprise
of the data collected from the Library with the help of Books, Articles, Journals and
Websites.

1.2.9. CHAPTERISATION

Chapter 1. This chapter deals with Introduction and Research Methodology.

Chapter 2. In this chapter discussion about the concept Law Commission.

Chapter 3. Role of Law commission and Committees in legal reform is discussed in

this chapter.

Chapter 4. Study of Sardar Swarn Singh Committee Report.

Chapter 5. Study of Justice J.S. Verma Committee Report.

8
Chapter 6. Conclusion and Suggestions are there in this chapter.

1.2.10. LIMITATION OF THE STUDY

This research project is limited to the critical analysis of the concept of law reform
commissions and committees in legal reform and their legal status. The research is
restricted to the study of books, statutes, articles and law commission report and
recommendations of justice Verma Committee and Sardar Swarn Singh Committee
which are related to the legal reform in India.

1.2.11. TIME SCHEDULE

The time limit for the proposed research work and bringing it towards success is
approximately one month.

1.2.12. CONTRIBUTION

The contribution of this research work is to understand the concept and importance of
the Law Commission and Committees, that how law commission contribute in the
field of legal research and law reform. This research work is also going to contribute
that why government should encourage the legal research and law reform. This paper
also studies the Sardar Swarn Singh Committee Report and Justice J S Verma
Committee Report. So, it gives the suggestive picture of law reform concept in India.

9
Chapter 2
LAW COMMISSION OF INDIA

The Law Commission of India is an executive body formed by a Government of

India order. Its chief mandate is to bring about reforms in the legal domain in the
country. The commission is chiefly composed of legal experts. The Law
Commission is formed for a fixed term. It functions as an advisory body to the
Law and Justice Ministry. The first ever Law Commission was created in 1834 via
the 1833 Charter Act. There were three more law commissions during the British
Raj before independence. Currently, the 21 st Law Commission is in function and
its tenure is from 2015 to 2018. Balbir Singh Chauhan, judge of the Supreme
Court is the current chairman of the Law Commission. At present, one major
concern before the commission is the amendment of the Indian Penal Code or the
IPC. The Law Commission of India is a non-statutory body constituted by the
Government of India. The first such Commission set up in 1834 under the Charter
Act of 1833.It was set up under the Chairmanship of Lord Macaulay which
suggested codification of the Penal Code and the Criminal Procedure Code. The
Indian Contract Act, The Indian Code of Civil Procedure the Indian Evidence Act,
the Transfer of Property Act. etc. are the outcomes of the first four Law
Commissions.

2.1 History of Law Commission of India – Before the Independence

The origin of the first Law Commission of India lies in the diverse and often
conflicting laws prevailing in the local regions and those administered by the East
India Company, which was granted Royal Charters and also conferred powers by the
various Indian rulers to administer and oversee the conduct of the inhabitants in the
local areas where the Company exercised control. During this period of administration
by the Company, two sets of laws operated in the areas; one which applied to and in
relation to British citizens and the second which applied to the local inhabitants and
aliens. This was considered as a major stumbling block for proper administration by
the British Government during the times which is now known as the British Raj.In
order to improve the law and order situation and also to ensure uniformity of legal

10
administration, various options were looked for. Until then the British Government
had been passing various enactments to deal with particular situations (such as the
Prohibition of Sati in 1829) by Lord William Bentinck under the influence of Raja
Ram Mohan Roy. However, it was for the first time in 1833 that the idea to establish a
Law Commission for a comprehensive examination of the existing legal system
prevailing in the British administered areas and its overhaul was instituted.

Law Reform has been a continuing process particularly during the last 300 years or
more in Indian history. However, since the third decade of the nineteenth century,
Law Commissions were constituted by the Government from time to time and were
empowered to recommend legislative reforms with a view to clarify, consolidate and
codify particular branches of law where the Government felt the necessity for it. The
first such Commission was established in 1834 under the Charter Act of 1833 under
the Chairmanship of Lord Macaulay which recommended codification of the Penal
Code, the Criminal Procedure Code and a few other matters. Thereafter, the second,
third and fourth Law Commissions were constituted in 1853, 1861 and 1879
respectively which, during a span of fifty years contributed a great deal to enrich the
Indian Statute Book with a large variety of legislations on the pattern of the then
prevailing English Laws adapted to Indian conditions. The Indian Code of Civil
Procedure, the Indian Contract Act, the Indian Evidence Act, The Transfer of Property
Act etc. are products of the labour of the first four Law Commissions5.

2.2 Post Independent development

After independence, the Constitution of India with its Fundamental Rights and
Directive Principles of State Policy gave a new direction to law reform geared to the
needs of a democratic legal order in a plural society. Though the Constitution
stipulated the continuation of pre-Constitution Laws (Article 372) till they are
amended or repealed, there had been demands in Parliament and outside for
establishing a Central Law Commission to recommend revision and updating of the
inherited laws to serve the changing needs of the country. The Government of India

5
htt ps://www.academia.edu/30881242/Role_Of_Law_Commission_as_a_Legal_Insti tuti on_In_India visited on 11.
10.2019

11
reacted favourably and established the First Law Commission of Independent India in
1955 with the then Attorney-General of India, Mr. M. C. Setalvad, as its Chairman.
Since then twenty-one more Law Commissions have been appointed, each with a
three-year term and with different terms of reference6.

2.3 Legal Status of Law Commission of India

The Law Commission of India is a non-statutory body constituted by the

Government of India from time to time, Central Government notify in Official
Gazzete of Government of India establishment of law commission of India. The
Law Commission works in close co-ordination and under the general instruction of
Ministry Of Law And Justice.7 The recommendations of the commission are not
binding on the government. "They are recommendations. They may be accepted or
rejected. Action on the said recommendations depends on the
ministries/departments, which are concerned with the subject matter of the
recommendations.

2.4 How Does the Commission Function?8

The Commission's regular staff consists of about a dozen research personnel of

different ranks and varied experiences. A small group of secretarial staff looks after
the administration side of the Commission's operations.

Basically, the projects undertaken by the Commission are initiated in the

Commission's meetings which take place frequently. Priorities are discussed, topics
are identified and preparatory work is assigned to each member of the Commission.
Depending upon the nature and scope of the topic, different methodologies for
collection of data and research are adopted keeping the scope of the proposal for
reform in mind.
6
www.lawcommissionofindia.nic.in visited on 16.10.2019

7
htt ps://www.india.gov.in › topics › law-justi ce › law-commission-india, visired on 13.10.2019
8
www.lawcommissionofindia.nic.in function of the law commission, visited on 15.10.2019

12
Discussion at Commission meetings during this period helps not only in articulating
the issues and focusing the research, but also evolving a consensus among members
of the Commission. What emerges out of this preparatory work in the Commission is
usually a working paper outlining the problem and suggesting matters deserving
reform. The paper is then sent out for circulation in the public and concerned interest
groups with a view to eliciting reactions and suggestions. Usually a carefully prepared
questionnaire is also sent with the document.

The Law Commission has been anxious to ensure that the widest section of people
are consulted in formulating proposals for law reforms. In this process, partnerships
are with professional bodies and academic institutions. Seminars and workshops
are organized in different parts of the country to elicit critical opinion on proposed
strategies for reform.

Once the data and informed views are assembled, the Commission's staff evaluates
them and organizes the information for appropriate introduction in the report which is
written either by the Member-Secretary or one of the Members or the Chairman of the
Commission. It is then subjected to close scrutiny by the full Commission in
prolonged meetings. Once the Report and summary are finalized, the Commission
may decide to prepare a draft amendment or a new bill which may be appended to its
report. Thereafter, the final report is forwarded to the Government.

It is obvious that the success of the Commission's work in law reforms is dependent
upon its capacity to assemble the widest possible inputs from the public and
concerned interest groups. The Commission is constantly on the lookout for strategies
to accomplish this goal within the limited resources available to it. In this regard the
media plays an important role which the Commission proposes to tap more frequently
than before.

The Commission welcomes suggestions from any person, institution

or organization on the issues under consideration of the Commission, which may be
sent to the Member-Secretary

13
2.5 Role of Law Commission of India In Legal Research and Law Reform

The Commission reviews judicial administration to ensure that it is responsive so that

delays are eliminated, arrears are cleared and disposal of cases is quick and cost-
effective without sacrificing the cardinal principle that they are just and fair. The
Commission seeks to simplify procedure to curb delays and improve standards of
justice. It also strives to promote an accountable and citizen-friendly government
which is transparent and ensures the people's right to information.

The law commissions work in close co-ordination and under the general instructions
of Ministry of Law and Justice. It generally acts as the initiation point for law reform
in the country. Internally, the law commission works in a research - oriented manner.

Employing a number of research analysis (and even law students from 2007), the
Commission works upon the assigned agenda and primarily comes up with
research-based reports, often conclusive and recommendatory. The permanent
members of the commission, generally, are responsible for framing the exact topic
and reference to work upon and often take the services of eminent law experts and
jurists who are familiar with the matter under review. These experts may either
work part time with the commission or may have been requested to contribute to
specific reports or issues under reviews. When we see the functioning of the law
Commission of India for the purpose, role of commission in legal research, The
Commission's regular staff consists of about a dozen research personnel of
different ranks and varied experiences. A small group of secretarial staff looks
after the administration side of the Commission's operations. The Commission are
initiated in the Commission's meetings which take place frequently. Priorities are
discussed, topics are identified and preparatory work is assigned to each member
of the Commission. Depending upon the nature and scope of the topic, different
methodologies for collection of data and research are adopted keeping the scope
of the proposal for reform in mind. The Law Commission has been anxious to
ensure that the widest sections of people are consulted in formulating proposals
for law reforms. In this process, partnerships are established with professional

14
bodies and academic institutions. Seminars and workshops are organised in
different parts of the country to elicit critical opinion on proposed strategies for
reform. 9 For the purpose of promoting the Legal Research technique of the
students, the Law Commission of India provides opportunities by holding summer
(may/June) winter (November/ December) voluntary internship programme. The
programme is open for students pursuing studies in Law from recognized
Colleges/Lawschool/ Universities in India. 10 For the purpose of promoting the
Legal research and Law reform the Law Commission of India do the public appeal
for any particular subjects published papers and give suggestions. Recently in
certain occasions the Law Commissions of India was called upon to study the
issues regarding like holding of simultaneous elections to the House of the People
and the State Legislative Assemblies, The Law Commissison of India was asked
to consider section 124A of the Indian Penal Code, 1860 which deals with
sedition. Accordingly, a study was undertaken to examine the various pros and
cons of the provision. The subject was discussed by the Commission on several
occasions. In its meeting held on 5 July 2018 and it was that for making the final
recommendations, more discussions need to take place. Hence, it has been
decided to put up a Consultation Paper in public domain, for wider discussions.

This Consultation Paper contains the various aspects of the sedition law as it
existed in the pre-independence era, in the international jurisdiction and the
present scenario, in the country. The Commission solicits the valuable suggestions
from the cross section of the society. 11

2.6 How Does the Law Commission Conduct Its Reforms? 12

When deciding upon which projects to prioritise and work on, the Law

9
https://www.legalsecretaryjournal.com/The_Role_of_the_Law_Commission visited on
22.10.2019

10

11
Ibid
12
htt ps://www.legalsecretaryjournal.com/The_Role_of_the_Law_Commission visited on 17.10.2018

15
Commission considers the following criteria:

•    The importance of the change

This involves an assessment of the problems with the current legislation and the
impact that these problems have, as well as what the likely benefits to be gained
from reform will be.

 •    The resources that are available

All new projects are carefully weighed up to ensure that adequate funding is
available to undertake reform. An important factor in this regard is the availability
and knowledge of appropriate Commissioners to research and implement the
suggestions.

•    Whether or not the Law Commission is the most suitable body to perform
the work
An important feature of the work of the Law Commission is public consultation.
Essentially, this means that all projects that are considered or taken on which
relate to review or reform of the law go through a thorough and detailed public
consultation. There are a number of principles set out by the Cabinet Office that
must be followed in relation to these public consultations; these can be viewed
online.

Chapter 3
Role of The Law Commissions and Committees in Legal Reform

When Central Government, Parliament, State Governments, Supreme court,

Ministry of Law and Justice and any other Ministry under the central government
and different NGOs have feel that in any particular subject present law is in
insufficient to tackle the problem of the society, and some subject Law is not in
existence, because law and society is dynamic and the time to time needs of the
society also have changed for this purpose some authorities like Central
Government, Parliament, State Government, Supreme Court, Ministry of Law and

16
Justice and any other Ministry under the Central Government and Different NGOs
are established some specific Legal reforms committee and commissions to
conduct the Research for any Particular subject and give suggestions to tackle the
problems of society, for this purpose they committee and commissions promote
the legal research. The legal research may be Doctrinal legal research or Non-
Doctrinal legal research or partially Doctrinal and partially Non-Doctrinal legal
research.

Before and after of independence end numbers of committees and commissions

are established for the purpose tackles the problems of society and submit our
recommendations to the central Government and any other specific body. On the
basis of recommendations of these committees and commissions central
government or any specific body may amendments of the constitution of any
particular subject, repel of any law, and insert any new law of the particular
subject and it is not limited not only constitution but some other law may have the
amendment of the law, insert any new law, repeal any existed law. For example,
of some important committees and commissions of India they have played a very
crucial role of the legal reforms and legal research like Law commission of Indian
an executive body to do legal research all the subjects of laws and give
recommendations of central government and Ministry of Law of Justice to any
particular subject, Balwant Rai Mehta Committee, Sardar Swarn Singh
Committee, Narasimham Committee and and for the purpose of tackle the
problem of Criminal law the Government established Justice J.S Verma
Committee.

Chapter 4
SARDAR SWARN SINGH COMMITTEE

Sardar Swaran Singh was chairperson of the committee entrusted with the
responsibility of studying the Constitution of India in 1976 during the national

17
emergency. Soon after the declaration of the national emergency, Indira Gandhi
constituted a committee under the Chairmanship of Sardar Swaran Singh to study the
question of amending the constitution in the light of past experiences. Based on its
recommendations, the government incorporated several changes to the Constitution
including the Preamble, through the Forty-second Amendment of the Constitution of
India (passed in 1976 and came into effect on 3 January 1977).

Among other things the amendment:

a) gave the Directive Principles of State Policy precedence over the Fundamental
Rights
contained in Article 14 (right to equality before the law and equal protection of the
laws), Article 19(various freedoms like freedom of speech and expression, right to
assemble  peacefully, right to form associations and unions, right to move about and
reside freely in any part of the country and the right to pursue any trade or profession)
and Article 21 (right  to life and personal liberty).  Article 31Cwas amended to
prohibit any challenge to laws made under any of the Directive Principles of State
Policy;

b) laid down that amendments to the Constitution made in the past or those likely to
be made in future could not be questioned in any court on any ground;

c) removed all amendments to fundamental rights from the scope of judicial review
and 

d) removed all limits on Parliament's power to amend the Constitution under Article

368. 

Recommendations of Swaran Singh Committee

The committee on constitutional amendments by the President of the Indian

National Congress, popularly known as the Swaran Singh committee from the
name of the chairman, is reported to have felt that a chapter on fundamental duties
for the citizen should be included along with the existing fundamental rights in
the constitution. The reasoning behind this thought is fairly clear. Most people
have tried to take maximum advantage of the fundamental rights while forgetting

18
that they owe something to the community in return. The constitutions of a
number of countries have a chapter on fundamental duties. For instance, article 40
of the constitution of the Democratic Republic of Vietnam enjoins that "the public
property of the Democratic Republic of Vietnam is sacred and inviolable. It is the
duty of every citizen to respect and protect public property". Article 194 of the
constitution of the Netherlands says: "All Netherlands, who are able, shall be
bound to collaborate for the maintenance of the independence of the kingdom and
for the defence of its territory. This obligation may also be laid upon residents
who are not Netherlanders". The Japanese constitution also lays down the duties
of the citizen as against the rights he can exercise.
The Swaran Singh committee, presumably after scrutiny of some of these
constitutions, has formulated an eight-point code of fundamental duties. These
are:
(1) to respect and abide by the constitution and the laws,
(2) uphold the sovereignty of the nation and function in such a way as to
sustain and strengthen its unity and integrity,
(3) respect the democratic institutions enshrined in the constitution and not do
anything which may impair their dignity or authority,
(4) defend the country and render national service, including military service,
when called upon to do so,
(5) adjure communalism in any form,
(6) render assistance and cooperation in the implementation of the directive
principles of state policy, and promote the common good of the people, so
as to subserve the interest of social and economic justice,
(7) abjure violence, protect and safeguard public property, and refrain from
doing anything which may cause damage and destruction to such property,
and
(8) pay taxes according to law.

The committee has further recommended that a new directive be included in

Article 39 to provide that the state shall direct its policy also to secure population
control, through family planning or other suitable measures. It has proposed that
parliament may, by law, provide for the imposition of such penalty or punishment

19
as may be considered appropriate for any noncompliance with, or refusal to,
observe any of these duties. To safeguard the fundamental duties from being
challenged in any court of law the committee has suggested the inclusion of an
explicit provision that "no law imposing such penalty shall be called in question in
any court on the ground of infringement of any of the fundamental rights or on the
ground of repugnancy to any other provisions of the constitution." 13

The overall purpose of these proposals is to make the citizen responsible for the
administration of the state. In the past, it has been the view that the running of the
state is the peculiar and exclusive concern of the bureaucracy. This attitude helped
to create an attitude of indifference to the business of government. Agitators
sought to exploit this sentiment and get their followers to destroy public property
and create despondency about the future of the country. Near secessionist
movements went so far as to question the integrity of the state.
The inclusion of a chapter on fundamental duties is meant to offset these
tendencies and institutionalize some of the provisions of the emergency in order to
check fissiparous growths. The question remains how the duties enumerated by
the committee can be enforced without causing harassment to the citizen. An
overzealous official or some interested party could create a great deal of
unpleasantness by interpreting a harmless act as an anti-national activity. Much
will depend on the kind of legislation that will be ultimately drafted and placed
before parliament.

Much will also depend upon the effort the ruling party intends to make for
generating an atmosphere of collective responsibility. At least part of the reason
why the masses were open to seduction by political opportunists in the past was
that the entirely laudable principles enshrined in the constitution and the equally
praiseworthy laws enacted since Independence were never made part and parcel of
the lives of the people at large. Democracy, as the Prime Minister has rightly
pointed out, does not consist merely in voting. To make it a way of life, however,
it will be necessary for the elected representatives to work earnestly in their
constituencies and give practical expression to both the rights and the duties that

13
htt ps://www.india.gov.in/my-government/consti tuti on-india visited on 22.10.2019

20
democracy entails. Mahatma Gandhi never missed an opportunity to emphasize
this grassroot approach.
The presence of a chapter on fundamental duties in the constitution along with the
fundamental rights should, however, have the effect of reminding the citizen that
every right he exercises is balanced by a duty he has to fulfill. This could, in time,
lead to the evolution of a community that participates in the administration of the
state and plays an active role in shaping our destiny.

• ROLE OF SWARAN SINGH COMMITTEE IN LEGAL RESEARCH AND

LAW REFORM
The constitution (forty-second) Amendment Act, 1976, breaks new ground by
introducing the innovative concept of Fundamental Duties of the Indian Citizens
in the constitution. For this purpose, a new Part IVA consisting of Art.51A has
been added to the constitution. Art 51A lays down ten fundamental duties. The
fundamental duties are borrowed from USSR (Russia).and role of this committee
in Legal research is very important because for the purpose of insertion of
fundamental duties this committee were studied different country constitutions
and doing the legal research like read the constitution of Democratic Republic of
Vietnam, Netherlands, Japan and USSR constitution .

Chapter 5

Justice J. S. Verma Committee

BACKGROUND OF THE COMMITTEE

On December 23, 2012 a three-member Committee headed by Justice J.S. Verma,

former Chief Justice of the Supreme Court, was constituted to recommend
amendments to the Criminal Law so as to provide for quicker trial and enhanced
punishment for criminals accused of committing sexual assault against women.
The other members on the Committee were Justice Leila Seth, former judge of

21
the High Court and Gopal Subramanium, former Solicitor General of India.

The Committee submitted its report on January 23, 2013. It made

recommendations on laws related to rape, sexual harassment, trafficking, child
sexual abuse, medical examination of victims, police, electoral and educational
reforms. 14

The Verma commission had scanned through 80,000 suggestions from the people
in India and abroad. The panel recognised that rape and molestation and even
forms of sexual offences such as voyeurism needed to be punished with
imprisonment up to seven years. Stalking or unwanted attempts to contact a
person repeatedly was made punishable by imprisonment up to three years.

Terming the failure of governance as the root cause of crimes against women, the
panel had advised that rapes be treated as expression of power rather than a crime
of passion. Any non-consensual penetration was to be treated as rape. It
suggested several changes in the laws related to crimes against women and
enhanced the punishment for those convicted of sexual assault. 15

5.1 Recommendations of the Committee 16

Rape: The Committee recommended that the gradation of sexual offences should
be retained in the Indian Penal Code, 1860 (IPC). The Committee was of the view
that rape and sexual assault are not merely crimes of passion but an expression of
power. Rape should be retained as a separate offence and it should not be limited
to penetration of the vagina, mouth or anus. Any non-consensual penetration of a
sexual nature should be included in the definition of rape. The IPC differentiates
between rape within marriage and outside marriage. Under the IPC sexual
intercourse without consent is prohibited. However, an exception to the offence
of rape exists in relation to un-consented sexual intercourse by a husband upon a
wife. The Committee recommended that the exception to marital rape should be

14
www.Prsindia.Org/Parliamenttrack/.../Justiceverma-committee-ReportSummarv-2628
visited on 17.10.2019

15
https://timesofindia.indiatimes.com/city/delhi/verma-panel-made-a-difference/articleshow/58541556.cms visited
on 17.10.2019
16
www.prsindia.org 16.10.2019

22
removed. Marriage should not be considered as an irrevocable consent to sexual
acts. Therefore, with regard to an inquiry about whether the complainant
consented to the sexual activity, the relationship between the victim and the
accused should not be relevant.

The panel has not recommended the death penalty for rapists. It suggests that the
punishment for rape should be rigorous imprisonment or RI for seven years to
life. It recommends that punishment for causing death or a "persistent vegetative
state" should be RI for a term not be less than 20 years, but may be for life also,
which shall mean the rest of the person's life. Gang-rape, it suggests should entail
punishment of not less than 20 years, which may also extend to life and gang-
rape followed by death, should be punished with life imprisonment .

Sexual assault: Currently, “assault or use of criminal force to a woman with the
intent to outrage her modesty” is punishable under Section 354 of the IPC with 2
years’ imprisonment. The term outraging the modesty of a woman is not defined
in the IPC. Thus, where penetration cannot be proved, the offence is categorized
as defined under Section 354 of the IPC.
The Committee recommended that non-penetrative forms of sexual contact should
be regarded as sexual assault. The offence of sexual assault should be defined so
as to include all forms of non-consensual non-penetrative touching of a sexual
nature. The sexual nature of an act should be determined on the basis of the
circumstances. Sexual gratification as a motive for the act should not be
prerequisite for proving the offence. The offence should be punishable with 5
years of imprisonment, or fine, or both. Use of criminal force to disrobe a woman
should be punishable with 3 to 7 years of imprisonment.

Verbal sexual assault: At present, use of words or gestures to “insult a woman’s

modesty” is punishable with 1 year of imprisonment or fine or both under Section
509 of the IPC. This section should be repealed. The Committee has suggested
that use of words, acts or gestures that create an unwelcome threat of a sexual
nature should be termed as sexual assault and be punishable for 1-year
imprisonment or fine or both.

23
Sexual harassment: Some of the key recommendations made by the Committee on
the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Bill, 2012 that is pending in Parliament are provided below:

Domestic workers should be included within the purview of the Bill.

• Under the Bill the complainant and the respondent are first required to
attempt conciliation. This is contrary to the Supreme Court judgment in
Vishakha vs. State of Rajasthan which aimed to secure a safe workplace to
women.
• The employer should pay compensation to the woman who has suffered
sexual harassment.
• The Bill requires the employer to institute an internal complaints
committee to which complaints must be filed. Such an internal committee
defeats the purpose of the Bill and instead, there should be an Employment
Tribunal to receive and adjudicate all complaints.

Acid attack: The Committee opined that the offence should not be clubbed under
the provisions of grievous hurt which is punishable with 7 years’ imprisonment
under the IPC. It noted that the offence was addressed in the Criminal Laws
Amendment Bill, 2012 which is currently pending in Parliament. The Bill
prescribes a punishment of imprisonment for 10 years or life. It recommended that
the central and state government create a corpus to compensate victims of crimes
against women.

Trafficking: The Committee noted that the Immoral Trafficking Prevention Act,
1956 did not define trafficking comprehensively since it only criminalised
trafficking for the purpose of prostitution. It recommended that the provisions of
the IPC on slavery be amended to criminalise trafficking by threat, force or
inducement. It also recommended criminalising employment of a trafficked
person. The juvenile and women protective homes should be placed under the
legal guardianship of High Courts and steps should be taken to reintegrate
the victims into society.

Child sexual abuse: The Committee has recommended that the terms ‘harm’ and

24
‘health’ be defined under the Juvenile Justice Act, 2000 to include mental and
physical harm and health, respectively, of the juvenile.

Punishment for crimes against women: The Committee rejected the proposal for
chemical castration as it fails to treat the social foundations of rape. It opined that
death penalty should not be awarded for the offence of rape as there was
considerable evidence that death penalty was not a deterrence to serious crimes. It
recommended life imprisonment for rape.

Medical examination of a rape victim: The Committee has recommended the

discontinuation of the two-finger test which is conducted to determine the laxity
of the vaginal muscles. The Supreme Court has through various judgments held
that the two- finger test must not be conducted and that the previous sexual
experience of the victim should not be relied upon for determining the consent or
quality of consent given by the victim.

Police reforms: The Committee has recommended certain steps to reform the
police. These include establishment of State Security Commissions to ensure that
state governments do not exercise influence on the state police. Such
Commissions should be headed by the Chief Minister or the Home Minister of the
state. The Commission would lay down broad policy guidelines so that the Police
acts according to the law. A Police Establishment Board should be established to
decide all transfers, postings and promotions of officers. Director General of
Police and Inspector General of Police should have a minimum tenure of 2 years.

Reforms in management of causes related to crime against women:

• A Rape Crisis Cell should be set up. The Cell should be immediately
notified when an FIR in relation to sexual assault is made. The Cell must
provide legal assistance to the victim.
• All police stations should have CCTVs at the entrance and in the
questioning room.
• A complainant should be able to file FIRs online.
• Police officers should be duty bound to assist victims of sexual offences

25
 irrespective of the crime’s jurisdiction.
• Members of the public who help the victims should not be treated as wrong
doers.
• The police should be trained to deal with sexual offences appropriately.
• Number of police personnel should be increased. Community policing
should be developed by providing training to volunteers.

Marriages to be registered: As a primary recommendation, all marriages in India

(irrespective of the personal laws under which such marriages are solemnised)
should mandatorily be registered in the presence of a magistrate, The magistrate
will ensure that the marriage has been solemnised without any demand for dowry
having been made and that it has taken place with the full and free consent of both
partners.

Amendments to the Code of Criminal Procedure: The panel observed, "The

manner in which the rights of women can be recognised can only be manifested
when they have full access to justice and when the rule of law can be upheld in
their favour." The proposed Criminal Law Amendment Act, 2012, should be
modified, suggests the panel. "Since the possibility of sexual assault on men, as
well as homosexual, transgender and transsexual rape, is a reality the provisions
have to be cognizant of the same," it says. A special procedure for protecting
persons with disabilities from rape, and requisite procedures for access to justice
for such persons, the panel said was an "urgent need."

Electoral reforms: The Committee recommended the amendment of the

Representation of People Act, 1951. Currently, the Act provides for
disqualification of candidates for crimes related to terrorism, untouchability,
Secularism, fairness of elections, sati and dowry. The Committee was of the
opinion that filing of charge sheet and cognizance by the Court was sufficient for
disqualification of a candidate under the Act. It further recommended that
candidates should be disqualified for committing sexual offences.

26
Reform of the criminal justice system in India is based on the integrity of the
legislators i.e. the legislators themselves do not have serious charges pending
against them. According to the Association for Democratic Reforms, 24
percent of the elected representatives in the 2004 Lok Sabha elections had
criminal cases against them and 16 percent of the elected representatives were
charged with heinous crimes. In the 2009 Lok Sabha elections, 30 percent of
the elected representatives had criminal cases against them and 17 percent of
the elected representatives were charged with heinous crimes. In the 2009 Lok
Sabha elections, six candidates charged with rape were given tickets by
political parties and 34 contesting candidates were charged with crimes
constituting violence against women. The Committee has observed that the
Election Commission of India had recommended twice that candidates charged
with offences punishable with imprisonment of 5 years or more should be
disqualified from contesting elections. This proposal was ignored by the
Parliament twice. These statistics and the response of the Parliament to a more
gender sensitive legislature are clearly indicative of the fact that the lawmakers
and political parties have both expressed a lack of concern for gender justice. In
such a scenario, electoral reforms are essential to secure gender justice in the long
run. The presence of such legislators in the Parliament and state assemblies does
not bode well for the future of democracy 17 .

Education reforms: The Committee has recommended that children’s experiences

should not be gendered. It has recommended that sexuality education should be
imparted to children. Adult literacy programs are necessary for gender empowerment.

Asking for a drastic revamp of the formal curriculum in Indian schools to make sex
education an integral part of each Indian student's curriculum, the committee says
children should be able to access informed, non-prejudiced sources in sexuality rather
than misinformation through internet or misleading advertising. "Correct knowledge
must be disseminated in respect of sexuality and sexual choices, without enforcing
gender stereotypes," the report said. Primary concerns in India regarding sex
education is that it may lead to children indulging in sexual intercourse at an early

17
htt ps://www.orfonline.org/research/justi ce-verma-committ ee-report-and-the-need-for-engendering-electoral-
process/ visited on 13.10.2019

27
age, will deprive children of innocence and the belief that it is the role of parents and
the extended family, and not the formal education system, to give sex education.
"Research does not indicate early sexual initiation on account of sex education...on
the contrary, there is better and more responsible sexual behaviour as the information
is made available in a scientifically accurate, non-judgmental, age appropriate and
carefully phased process.18
The Verma committee has also noted that such steps are necessary as stereotyping of
women in India starts very early with a girl child being brought up to believe that she
is the repository of ‘honour’ of her family and community or caste.

5.2 Role of Justice J. S. Verma Committee In Legal Research And Law Reform.

For the purpose of fulfill the recommendations of Justice Verma committee The
Criminal Law (Amendments) Act,2013(Nirbhaya Act) is an Indian legislation
passed by the Loksabha on 19 March 2013, and by the Rajya Sabha on 21 March
2013, Which provides for Amendment of Indian Penal Code, 1860, Indian
Evidence Act, 1872, and Code of Criminal Procedure , 1973 on laws related to
sexual offences .the Bill received Presidential assent on 2 April 2013 and come
into force from 3 April 2013 19.

The new act expressly recognized certain acts as offences which were dealt under
related laws. These new offences like, acid attacks, sexual harassment, voyeurism,
stalking have been incorporated into the IPC, I860. 15 For the purpose of Criminal
Law Amendments Act 2013, Justice Verma Committee has been facilitated in the
task by an overwhelming response to the public notice inviting suggestions within
the available short of time. An oral consultation was also held for inter action with
the Representative of several stakeholder, particularly the women’s social action
groups and experts in the field. This stupendous task could not have been
completed in time without the dedicated industry of a group of young lawyers, law
graduates and academics who worked around the clock to do the necessary

18
htt ps://economicti mes.indiati mes.com visited on 13.10.2019
19
https://www.prsindia.org/report-summaries/justice-verma-committee-report-summary
visited on 22.10.2019

28
research and study required for the preparation of this report we marvel at the
extensive research done by them to collect relevant material from around the
world on the subject within such a short span of time.

The Justice Verma Committee (JVC) report, released on 23 January, changed the
narrative within India regarding the treatment of women. The committee –
constituted to suggest legislative reform in the aftermath of the gang rape of a
student in Delhi – excoriates the social, political and administrative systems which
have encouraged crippling sexism in India. Its biggest achievement is that it
recognises sexual assault as a violent symptom of a problem that has much deeper
roots: subversive patriarchy. No measure has been deemed too insignificant
(ensuring that public areas are well lit) or too cumbersome (disqualifying
legislators convicted of rape) by the 630-page document when it comes to
protecting and empowering women across social strata. But more than sensible
recommendations make the JVC report a paradigm shift. The following
observations in the report are likely to change public discourse about violence
against women in India.

The stigma of rape in India (and elsewhere) adds an additional layer of

psychological scarring, which stays with rape victims for life. Perceptions that a
raped woman has lost ‘honour’ and brought ‘shame’ on her family are some of the
problematic constructs that the JVC report tackles as follows:
An offence against a person is very different from offence against a community.
We think that there has been a completely erroneous connection which is being
made between a woman and a community  …  we feel very strongly that an assault
on a woman is an assault on the person of the woman.20

The JVC effectively states that the ‘community’ is not a stakeholder in a woman’s
sense of self-worth and that the violation of her physical autonomy is a serious
enough crime. This constitutes an important shift: for too long, patriarchal
impunity in India has been entrenched by placing the burden of family ‘honour’ on
women—in cases of rape, the woman is doubly victimised for ‘giving up’ her
‘honour’.
20
Justi ce Verma Committ ee report pg. 94

29
The JVC report recognises that law-and-order institutions perpetuate the culture
that permits sexual assault in Indian society, the Justice Verma Committee has
highlighted the need for systemic change. There is a need not only to address the
casual impunity with which organs of the state use the powers vested in them to
turn against the citizenry but also the callous indifference that renders justice
elusive for a rape victim. The report observes:

complaints of rape become mere matters of formality – low on priority because

there is no understanding of the acuteness of the violation of human rights in
respect of a woman by sexual assault and the psychological trauma she
undergoes.21

A shocking exception to the rape law in the Indian Penal Code (IPC) is marital
rape. The non-cognisance of sexual violence within the purview of marriage is a
major loophole that has facilitated violence against women. This oversight
legitimises the view that sex is the husband’s right over his wife, rather than a
mutual privilege of matrimony. The JVC report, while clubbing marital rape with
non-consensual sex in other intimate relationships, seeks to correct this by
observing: “the relationship between the accused and the complainant is not
relevant to the inquiry into whether the complainant consented to the sexual
activity.” 22

Overall, the JVC report engages the safety concerns of women across India with
empathy, sensitivity and progressivism, which is why it has been hailed as a
watershed document. It recognises that judicial justice and reform are not
monoliths; that justice meted out to a victim of workplace harassment is different
to that granted to a victim of child abuse. The report also emphasises that holistic
justice can only be served through a change in attitudes. By reiterating basic
constitutional values of equality and respect that the judiciary is meant to uphold,
the report places the onus of responsibility for women’s safety back on the state
and society at large. Karuna Nundy, a lawyer in the Supreme Court of India who
has been following this issue closely, sums it up nicely when she says that the

21
Justi ce verma committ ee report, pg. 44
22
Justi ce Verma Committ ee report, pg. 117

30
report’s biggest contribution is that it is an “authoritative articulation of the
Constitution which brings the republic back.”

5.3 Shortcomings of Justice Verma Committee Report:

Though the 657 page committee report is very comprehensive and covers almost
all aspects of gender and law, there are two notable shortcomings of the report
that I wish to personally highlight. Firstly, the increase in the severity of
punishment and the inclusion of capital punishment in certain crimes. The
discourse of violence against women has always angered the Indian public to
the extent that they have demanded gruesome punishments in return
like chemical castration, stoning of perpetrators etc. Feminists, on the other
hand, are strong supporters of individual rights over social institutions and thus,
they are absolutely against the entire concept of capital punishment or any other
such lethal forms of punishment which might result in death. Empirical data
suggests that these severe punishments have never acted as a deterrent to
perpetrators and they never will. This is one aspect of the report that feminists
would not advocate for because it is strongly against the idea of an individual’s
right to life. The second shortcoming of the report is its translation to actual
implementation. It is seen that a lot of recommendations made by the committee
did not translate into legal actions due to the overall nature of the structures of
the society. This is one thing that the committee was not able to account for. It
did not address the fact that a lot of these state institutions are run by men in
power who would not be comfortable with thes kind of changes. Ideally the
committee should have been able to foresee this and thus, should have made
recommendations accordingly. 23

In spite of the above-mentioned shortcomings, it is important to note that the

report plays a very critical role in bringing feminist thoughts into the
discourse of law. This committee is undoubtedly one of the first ones to
have been able to talk about gender justice incorporating the voice of the woman.
It is, thus, one of the landmark committee reports in the field of gender equality
23
Criti cal Commentary on The Justi ce Verma Committ ee Report, By – Apurva Vurity
htt ps://www.researchgate.net/publicati on/319130708_Critical_Commentary_on_the_Justi ce_Verma_Committ ee_
Report.

31
and violence against women. To conclude, one must remember that the
committee report has not really translated into anything concrete if the empirical
evidence is to be believed. The society by and large does not look at sexual
violence as acts of power and thus, none of the laws have been successful in
eradicating these acts of harassment and assault.

Chapter 6

CONCLUSION:

Finding the law is an important part of legal research, but the ability to analyse what
you have found and reach a conclusion or formulate an argument based on it is just as
essential. The role of Legal reforms committees and commissions are very important
in field of legal research, because dynamic nature of law and society requires changes
according to circumstances and time. The recent example of the changing the
mentality of society the decriminalization of Section 377 of IPC, 1860, before this
judgement of Supreme Court on Section 377 criminalized and punishable under IPC,
1860, How it is possible? It is become possible the fruitful results of certain
committees and commissions, who conduct the research in this particular subject.
Promoting the research both governments Central as well as state governments,
University Grant Commission and some other bodies are gives huge amount of money
to the research work. In this regard governments mainly established Law Commission
of India, the role of Law Commission reviews the all Laws of the country and give the
suggestions of the Government, it is self- correcting process of the Government.
Government has been promoting the research because research is directly proportional
to the development and development is directly proportional to the reformation of the
society. Some times in Criminal laws Legal research is very important to decide the
culpability of the An Accused person and it is scientific legal research .it is not
necessary research is always a Doctrinal research, research may be Doctrinal, Non
Doctrinal and academic also, law reforms has been a continuing process particularly
during the last 300 years or more in India history. The role of Law commission of
India in field of legal research is remarkable because it does not only the legal
research but it also promotes the Legal research of students, lawyers and for this
purpose they have been organized various seminars, workshops and also provides

32
voluntary internship programmes. Some committees are established time to time
depending upon the need of the needs of the society like Sardar Swam Singh
committee also gives very remarkable contribution of the field of Legal research. In
the field of Criminal law very remarkable contribution given by Justice J.S Verma
committee. So, we can say that the role of certain commissions and committees are
very crucial in field of legal research and with development of the society.

SUGGESTIONS:

Law reform is the need of time, since society changes, so, law should also have to
change to make tune with the transformation of the social change. Government should
promote the law reform. Therefore, in the light of the above-mentioned discussion,
following recommendation can be developed in recognizing the role of law
commission and committees in the development of legal structure of India.
1. Government should have promoted the law reform.
2. There should be involvement of public in doing survey, regarding law reform done
by committees and commission.
3. Government can make appointment of a committee regarding the effectiveness and
impact of law on the society, in furtherance of responses from the public, law
commission should have done legal research, made recommendation to change in the
existing law.
4. Changes in existing law should not be the end goal, but its proper implementation
should also be there.
5. Law reform is a continuous process so, it should be done on the priority basis that
people feel comfortable with the law enacted.

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BIBLIOGRAPHY:

1. MYNENI S. R., LEGAL RESEARCH METHODOLOGY, 2016, Allahabad

Law Agency

2. TIWARI H. N., RESEARCH METHODOLOGY, 2017, Allahabad law

Agency

3. SINGH RATAN, LEGAL RESEARCH METHODOLOGY, Second Edition,

Lexis Nexis, New Delhi.

ARTICLES and REPORTS:

1. Sardar Swarn Singh Committee Report, 1976

2. Justice J S Verma Committee Report, 2013

3. 234th Law Commission of India Report, 2009.

4. Swaran Singh Committee and 39th - 42nd Amendments Dr Makkhan Lal

July 31 , 2018, Vivekanand International Foundation

5. Critical Commentary on Justice Verma Committee Report, Author, Apurva

Vuirty, Tata Institute of Social Science

6. Role Of Law Commission as a Legal Institution In India, Author Vallery Vas

WEBLIOGRAPHY:

1. http://lawcommissionofindia.nic.in/

2. https://en.wikipedia.org/wiki/Law_Commission_of_India

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3. www.drishtiias.com/important-institutions/drishti-specials-important-
institutions-national-institutions/law-commission-of-india-1

4. https://blog.ipleaders.in/law-commission-of-india/

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9. https://www.researchgate.net/publication/319130708_Critical_Commentary_on_the_Jus
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10. https://www.vifindia.org/article/2018/july/31/swaran-singh-committee-and-39-42-
amendments

11. https://www.ebc-india.com/lawyer/articles/76v2a4.htm

12. https://en.wikipedia.org/wiki/Swaran_Singh

13. https://www.speakingtree.in/blog/sardar-swaran-singh-committee-and-the-fortysecond-
amendment

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