This Post Is Recently Updated on Dec 21, 2023 @ 8:34 am by TBB Desk
Introduction In a significant development, the Lok Sabha has passed three contentious criminal law bills, aiming to overhaul India’s criminal justice system. Notably, this passage occurred under unusual circumstances, with the absence of 97 MPs who were suspended earlier in the week. The move has stirred a spectrum of reactions, with experts like Aman Lekhi and Colin Gonsalves offering diverse viewpoints during their conversation with India Today TV.
The Three New Bills The bills in question – Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Sanhita – are set to replace foundational legal documents like the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act. These reforms represent a major shift in the legal framework governing criminal justice in the country.
Advocate Gonsalves’ Concerns Highlighting potential drawbacks, Advocate Colin Gonsalves criticized the new bills for possibly ushering in more draconian laws than those from the British era. He raised concerns about increased police custody durations, potential for police torture, and issues with sections relating to sedition, UAPA, false arrests, and gay sex. Gonsalves argued that these changes could lead to a more repressive legal system.
Lekhi’s Positive Outlook On the other hand, former ASG Aman Lekhi acknowledged some positive changes brought by the bills, particularly in the context of punishments for private offenses. While recognizing the improvements, Lekhi also pointed out certain flaws and critiqued the high rhetoric in the bills’ presentation.
Home Minister’s Justification Amidst this debate, Union Home Minister Amit Shah introduced the bills in the Lok Sabha, emphasizing the need to replace the colonial-era laws with more just and modern legal frameworks. He asserted that the new bills are in line with the spirit of the Constitution, aiming to ensure justice rather than mere punishment.
Conclusion The passage of these three critical bills marks a pivotal moment in India’s legal history. While the intention is to update and improve the criminal justice system, the discourse among legal experts and the unique circumstances of their passage reflect the complex nature of these reforms. As India embarks on this journey of legal transformation, ongoing discussions among legal professionals, policymakers, and the public will play a crucial role in shaping a fair and effective criminal justice system.
