Wednesday, 03 July 2024
Wednesday, 03 July 2024
India’s new criminal laws, the Bhartiya Nyaya Sanhita, Bhartiya Nagarik Suraksha Sanhita, and Bhartiya Sakshya Adhiniyam, kicked into effect from 1 July, Monday. The Delhi police registered the first FIR against a hawker. Minutes before midnight, noted Supreme Court lawyer Indira Jaisingh posted on X (formerly Twitter): “I am reminded of Pandit Nehru ‘s speech “ At the stroke of midnight India will awake to freedom” . At the stroke of midnight night 1st July 2024 India will awake to police raj,” she wrote.
The government insists that these laws are created by and for Indians, representing a move away from the colonial past. Bombay High Court Chief Justice Devendra Kumar Upadhyaya urged stakeholders to adopt a changed mindset to effectively implement the new criminal laws. At a law ministry event held over the weekend, he highlighted the necessity of overcoming resistance to change and working collaboratively to ensure the laws achieve their intended reforms.
Here are a few voices who spoke out against the new laws, which were passed by Parliament when over 140 MPs had been suspended. A number of legal activists and lawyers have also spoken out against the new laws.
Manish Tewari: Parliament must re-examine new criminal laws
Congress leader Manish Tewari posted on X: “The new criminal Laws that came into effect from 12 midnight July 1st 2024 - ( Today) lay the foundations of turning India into a Police State. Their implementation must be stopped forthwith and Parliament must re-examine them.”
Mallikarjun Kharge: ‘INDIA will now longer allow this bulldozer justice’
Congress president Mallikarjun Kharge posted: “After the political and moral shock in the elections, Modi ji and the BJP are pretending to respect the Constitution, but the truth is that the three laws of the criminal justice system that are being implemented from today were forcibly passed by suspending 146 MPs. INDIA will no longer allow this “Bulldozer Justice” to run on the Parliamentary system.”
Chidambaram: ‘Some changes are prima facie unconstitutional’
Senior Congress leader and former Union home minister P. Chidambaram also accused the government of “bulldozing” the new criminal laws without adequate discussion. He posted: "90-99 per cent of the so-called new laws are a cut, copy and paste job. A task that could have been completed with a few amendments to the existing three laws has been turned into a wasteful exercise.
"Yes, there are a few improvements in the new laws and we have welcomed them. They could have been introduced as amendments. On the other hand, there are several retrograde provisions. Some changes are prima facie unconstitutional," he added.
Saugata Roy: Police power increase is ‘against the basic principles of custodial jurisprudence’
Saugata Roy, Lok Sabha member from Bengal’s ruling Trinamul, 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 promise of marriage, gangrape of minors and mob lynching has not been finalised. Sedition law has not been implemented. It is highly objectionable."
Advocate Kamini Jaiswal: ‘This is just the arrogance of power’
Advocate Kamini Jaiswal criticised the new criminal laws, calling them disastrous and questioning their benefits. She told PTI: "I think it is a disaster. I do not understand who benefits, not the common men, not the lawyers, not the investigating agencies, nobody and I wish the government was taking into account other things, how does it help the unemployment. We are facing much more serious problems. The CrPC was amended in 2013. What are they trying to show? This is just the arrogance of power. What will happen to people who don't know Hindi. The judges are saying that they will use old terms only. In local courts, local language is used. There will be a delay in justice."
AAP's Raghav Chadha: ‘Refer new to joint parliamentary committee’
AAP MP Raghav Chadha urged for a review of the new criminal laws, suggesting they be referred to a joint parliamentary committee. News agency ANI quoted him as saying: "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."
CPI’s D Raja: ‘Opp will take up this issue in Parliament’
CPI leader D Raja voiced strong opposition to the new criminal laws, highlighting the protests from bar councils and state governments. "Our party opposes these 3 new criminal laws. When it was brought in Parliament, there was strong protest, resistance. Bar Councils, state governments are protesting. Despite that, PM Modi and the government are bent upon to put it into practice, this is not in tune with our democratic practice and parliamentary conventions. It should be deferred, this is our party's position. The Opposition parties will take up this issue in the Parliament." he was quoted as saying by ANI.
Jawhar Sircar: ‘Most draconian criminal laws in India’s history’
Jawhar Sircar, Rajya Sabha MP from the Trinamul, called the three new laws the “most draconian criminal laws in India’s history” that “were passed without debate in Parliament”. He pointed out that under Section 172 (2) of the BNS, police can arrest without a warrant. “Section 187 (2) of BNSS (new CrPC) says you can be in police custody for 90 days — not 24 hours.
“Section 111(1) of BNS (old IPC) says if you write or speak strongly against the government — you are a terrorist!
“Section 197 says any info can be deemed "false" or "misleading" and hence you are a criminal
“Sec 150 & 152 says govt can criminalise you if it feels that your democratic right can affect "the sovereignty of India" — whatever that means to BJP,” he posted on X. He added: “When PM "excites" hatred against Minorities it is ok —but new law says you can be jailed for any comment against communalism — on this ground!”
