Dr Gyan Pathak
India’s opposition has taken a new task in hand to restrain Prime Minister Narendra Modi led government from turning the country into a “police state”, as the later “lays foundation” for it by implementing the three new criminal laws form July 1, 2024. Congress president Mallikarjun Kharge has threatened, “INDIA will no longer allow this Bulldozer Justice.” Opposition has demanded a fresh and comprehensive review of the new criminal laws in the Parliament of India.
The new criminal laws under question are – Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) that have replaced the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. The news criminal laws were passed on December 21, 2023 in the Lok Sabha after expulsion of the entire opposition, consequently without discussion. President’s assent was procured by the government on December 25, and finally Government notified these on February 2024 for implementation from July 1. The offences committed before mid-night July 1, and all the pending criminal cases would be judged according to the old laws. The implementation of these parallel laws – the old and the new – is contributing to great confusions among the people, law enforcement agencies, and also the legal fraternity in the courts.
The government has claimed that the new laws would de-colonise the Indian legal system, modernise it, and focus on justice rather than on punishment. However, the opposition and critiques fear just the opposite. They allege that these laws will be stronger tools for suppression of the people than the old criminal laws which were originally brought by the British rulers against the Indians. In the name of de-colonisation, Modi government lays the foundation of a “police state” in the country. The opposition parties allege that focus of the government is on punishment and not on justice only to suppress the people’s voices against the government.
The allegation of the opposition can’t be easily brushed aside, if the very first FIR registered under the new BNS in New Delhi is taken into consideration under which a vender from Patna was booked for disturbing smooth passage of people from under a railway footbridge where he was selling potable water bottles and sachets of tobacco products. As for widest meaning of justice is concerned, the vendor has obviously been a victim of economic injustice due to government policies and rules, and to earn his living he was compelled to sell water bottles and sachets where people frequently pass by. If we take very narrow meaning of justice, the law enforcing police booked him as offender of passage blocking and obstructing smooth movement of the people. Obviously, these three new criminal laws are less humane and more draconian, which may ultimately dehumanise people with police suppression so that they may not demand justice – economic, political, and social. These laws have very narrow concept of justice and punishment.
It must be recalled that within a week of the passage of the three new criminal laws, truck drivers across the country had called for three days all India strike from January 1, 2024. On government’s assurance that the news laws relating to transport would not be implemented without discussion with Transport Congress. However, the government did not honour its own assurance, apart from other assurances on laws relating to sedition and many others. The news laws are stringent in nature. Political opposition to the draconian provisions of the new criminal laws is inevitable.
Congress president Mallikarjun Kharge has said that the three new criminal laws were passed ‘forcibly’ after suspending 146 MPs in the last Lok Sabha, and asserted that the INDIA bloc will not allow such “bulldozer justice” to prevail in the country’s parliamentary system.
Congress leader Manish Tewari has demanded that Parliament re-examine the new criminal laws, claiming they lay the foundation of turning the country into a “police state”. “Their implementation must be stopped forthwith and Parliament must re-examine them,” the former Union Minister has said.
“It is another case of bulldozing three existing laws and replace them with three new Bills without adequate discussion and debate,” former Union Minister and Congress leader Chidambaram has said, asserting that the initial impact of these new criminal laws will throw the administration of criminal justice into disarray. … “On the other hand, there are several retrograde provisions. Some changes are prima facie unconstitutional,” he said.
“Mamata Banerjee has already written to the Union government asking for deferment of the implementation of the laws. One of the major objections is that the power of the police to extend the policy custody of people, this goes against the basic principles of custodial jurisprudence. There are other provisions in the law which are not yet fully implemented, the provision against false promises of marriage, gang rape of minors and mob lynching has not been finalised. Sedition law has not been implemented. It is highly objectionable,” said TMC MP Saugata Roy adding, “We think that these laws are anti-people.”Trinamool Congress MP Sagarika Ghose said these new criminal laws are “vaguely worded” and leave “huge scope for the government to snatch away citizens’ lives and liberty”.
“Right from the beginning, AAP is of the opinion that it should be reviewed. It should be referred to JPC. It should not be implemented in haste. It will have far-reaching consequences,” said AAP MP Raghav Chaddha.
Shiv Sena (UBT) MP Priyanka Chaturvedi said these laws came to the Parliamentary Standing Committee, the experienced MPs who also practice law clearly gave their dissent note and stated the needed changes but these laws were passed after expelling 146 MPs without taking the objections in consideration.
NCP leader Supriya Sule said the new laws pose a significant threat to civil liberties and democratic freedoms.”By expanding police authority, extending remand periods, permitting solitary confinement, and diminishing judicial oversight, the NDA government is establishing a repressive police state. The soul of Indian Democracy is at stake and we cannot afford to be silent,” Sule has said.
Former Union Minister Kapil Sibal has said that BNS allows for using draconian police powers for political ends, and the Modi government’s agenda is to silence opponents.
Tamil Nadu Chief Minister and DMK leader has also criticised the government decision to implement the new criminal laws and had earlier written the Centre urging to reconsider the rollout.
India is heading for a stiff political battle on new criminal laws, since the opposition has already been suppressed under special draconian criminal laws such as UAPA and PMLA, and several political leaders are already in jails. (IPA)
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