The Modi government presented three new bills in the Lok Sabha on the final day of the 2023 Monsoon session, claiming to bring a "revolution" in India's criminal law system.
India's criminal law system is primarily governed by three laws: the Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) of 1973, and the Indian Evidence Act of 1872.
The three new bills aim to replace these laws upon their passage in Parliament.
Proposed changes include renaming the IPC to "Bharatiya Nyaya Samhita," the CrPC to "Bharatiya Nagrik Suraksha Samhita," and the Indian Evidence Act to "Bharatiya Sakshya Adhiniyam."
The bills have not been passed yet and have been sent to the Parliamentary Standing Committee for review.
Past examples suggest that bills with such ambitious claims are often passed by the government without substantial debate during the next session.
The naming of the bills only in Hindi is contrary to Article 348 of the Constitution, which specifies that all laws passed by Parliament must be in English.
Changes to the laws include expanding the concept of sedition and introducing provisions that could be used to suppress dissent and criticism.
The proposed changes could give the police extensive power to arrest individuals based on vague and ambiguous terms, jeopardizing individual freedoms.
The new bills follow a similar trend from a year ago when the government passed the Criminal Law (Identification) Bill, which granted police agencies the right to collect biometric and behavioral data from both suspects and those arrested.
This law allows the collection and storage of biometric and behavioral data, including fingerprints, retina scans, handwriting samples, signatures, and other physical and biological samples, for up to 75 years.
Terrorism Definition and Provisions: The new criminal code defines terrorist activities under Section 111 for the first time. This broad definition could potentially be used to suppress public protests, rallies, and demonstrations, labeling activists and leaders as terrorists and sentencing them to lifelong imprisonment.
Citizen Security Act: The new law allows legal proceedings to continue even in the absence of the accused. This challenges the principle of fair trial and due process, undermining the fundamental principles of justice. It also introduces online legal proceedings, including recording of evidence through video conferencing.
Extended Police Detention: The maximum period for police detention without charge has been extended from 15 days to 60-90 days. This change has implications for the rights of individuals during their detention, particularly considering the high percentage of undertrial prisoners.
New Offenses Introduced: The updated criminal code introduces new offenses such as mob lynching, crimes based on hatred, and deceptive means to establish sexual relationships ("deceptive instruments"). Additionally, provisions related to "love jihad" and interfaith marriages have been included to potentially suppress ordinary citizens and target minority groups.
Challenges to Democracy and Human Rights: The text emphasizes that the Indian government, in the midst of various challenges including economic disparity and the rise of right-wing agendas, is systematically enacting laws that restrict democratic institutions, labor laws, RTI, and civil rights movements. These laws could lead to a shrinking democratic space and the suppression of dissent.
Concerns Over Legal Changes: Some provisions in the new criminal codes are as draconian and dangerous as the ones in existing anti-labor laws. These provisions could potentially enable authorities to suppress labor movements and transform citizens into subjects.
Impact on Democratic Values: The new laws are eroding democratic values, curbing civil liberties, and potentially enabling the government to wield more power over citizens. Overall, these proposed legal changes in India will have a very negative impact on democratic principles, human rights, and citizens' freedoms.