Jan Vishwas Framework

In 2024, the Prime Minister of India emphasised a shift from coercive enforcement (“danda”) to data-driven and citizen-centric governance. This vision has taken shape through the Jan Vishwas framework, aimed at reducing unnecessary criminalisation and improving ease of living and doing business.

Jan Vishwas Project

Largest Decriminalisation Exercise

The Jan Vishwas initiative represents one of the largest decriminalisation reforms globally. It reviewed over 950 laws and led to the removal of more than 12,500 criminal compliance provisions, covering both citizens and businesses.

Key Legislative and Policy Measures

The reform includes the Jan Vishwas Bill, amendments to the Companies Act, notification of Labour Codes, and the removal of obsolete laws. These steps aim to simplify legal frameworks and reduce compliance burdens.

Illustrative Reforms

Several minor offences have been decriminalised, including:

• Ticketless railway travel

• Minor factory compliance issues (canteens, registers, etc.)

• Procedural lapses in publishing and reporting

• Minor traffic violations

For instance, cheque bouncing cases alone account for a large share of pending court cases, highlighting the need for such reforms.

Structural Problem – Over-Criminalisation

Cascade Effect of Laws

A single criminal provision can generate thousands of compliance requirements through subordinate legislation. For example, the earlier Factories Act created over 8,500 jail-linked compliances from one provision.

Administrative Expansion

The administrative state uses multiple regulatory tools such as notifications, circulars, and SOPs, creating numerous compliance obligations like licenses, inspections, and registers.

Case Illustration

Guidelines for poultry farms under the Environment Protection Act 1986 imposed over 20 criminal liabilities for minor violations, reflecting excessive regulatory control.

Why Decriminalisation Matters

• Inequality: Harsh laws disproportionately affect the poor, while powerful entities often evade enforcement.

• Informality: Excessive regulation discourages formalisation; only a small fraction of enterprises contribute to social security.

• Corruption: Increased discretion in enforcement creates opportunities for rent-seeking.

• Judicial Burden: Contributes to nearly 5 crore pending cases, delaying justice delivery.

Jan Vishwas Siddhant – Reform Strategy

1. Principle Formulation

Focus on:

• Nature of offence (procedural vs serious harm)

• Intent (malicious vs inadvertent)

• Proportionality of punishment

• Use of civil penalties instead of criminal sanctions

2. Inventory Creation

A comprehensive identification of all criminal provisions across laws.

3. Application of Principles

Systematic removal or conversion of criminal provisions into civil penalties.

Constitutional and Philosophical Dimensions

The reform reflects a shift from “procedure established by law” to a more just and fair system, inspired by constitutional debates involving thinkers like Felix Frankfurter and Benegal Narsing Rau.

It represents a transition from “niti” (control-based governance) to “nyaya” (justice-oriented governance), emphasising liberty, fairness, and constitutional morality.

Challenges and Limitations

• Partial Decriminalisation: Some laws still retain criminal provisions despite overlap with the Bharatiya Nyaya Sanhita.

• Bureaucratic Resistance: Tendency to maintain regulatory control persists.

• Enforcement Gaps: Many laws remain symbolic without effective implementation.

• Low Awareness: Citizens and businesses may not fully benefit due to lack of legal literacy.

Way Forward

• Digitisation: Reduce human discretion and enhance transparency.

• Further Deregulation: Rationalise compliance requirements.

• Single Source of Truth: Create a unified database of all laws and rules.

• State-Level Adoption: Replicate reforms across states for wider impact.

• Principles-Based Governance: Institutionalise proportionality and necessity in law-making.

Conclusion

The Jan Vishwas initiative marks a paradigm shift from a coercive, compliance-heavy system to one based on trust, proportionality, and justice. By reducing over-criminalisation, it helps ease judicial burden, curb corruption, and promote formalisation of the economy.

However, its long-term success depends on consistent implementation, administrative reforms, and wider adoption across states. Ultimately, prioritising “nyaya” over “niti” reflects a governance model rooted in legitimacy rather than fear.