Congress leader Jairam Ramesh said, “Many eminent lawyers and jurists have already pointed out disastrous consequences of new criminal justice laws, especially for the most marginalised sections of the society.”
| Photo Credit: SHASHI SHEKHAR KASHYAP
The Congress on Monday said many jurists have pointed out the “disastrous consequences” of the three criminal justice laws which were “bulldozed” through Parliament aided by the “deliberate suspension” of over 140 INDIA bloc MPs.
President Droupadi Murmu Monday gave assent to the criminal justice bills, turning them into laws. The Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Act will replace the colonial-era Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act of 1872.
In a post on X, Congress general secretary Jairam Ramesh said, “The three criminal justice bills bulldozed through Parliament last week, aided by the deliberate suspension of 146 INDIA MPs, have now received Presidential assent.” “Many eminent lawyers and jurists have already pointed out its disastrous consequences, especially for the most marginalised sections of the society,” he said.
On a lighter note, the most widely known Section 420 of the Indian Penal Code is now history, Mr. Ramesh said, adding that it had even inspired a hit Raj Kapoor-Nargis film “Shree 420” in 1955 that had many superhit songs.
Henceforth, that will be Section 316 of Bharatiya Nyaya Sanhita, 2023, he noted.
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“No matter, Shree 420 nahi toh Shree G20 hi sahi!” Mr. Ramesh said.
Congress leader P Chidambaram said the “new Indian Penal Code has become more draconian” and asserted that the successor government in 2024 must review these laws and remove the “draconian” provisions.
In a post on X, former Union home minister Chidambaram said, “Just as the Christmas Day celebrations are coming to an end, we hear the news that the President has given her assent to the three criminal law Bills.” “The new Indian Penal Code has become more draconian. If you realize that the Code is more often than not used against the poor, working class and the weaker sections of the people, the law will become an instrument of oppression against these sections,” he said.
“Be it noted that the vast majority of prisoners (including under-trials) are poor and belong to the working class and the oppressed sections,” Mr. Chidambaram said.
The new Criminal Procedure Code contains many provisions that are unconstitutional and violate Articles 19 and 21 of the Constitution, he alleged, adding, “It is the poor and oppressed sections of the people who will bear the brunt of the new Penal Code and the new Criminal Procedure Code.” Chidambaram contended that instead of strengthening “due process of law”, the new Criminal Procedure Code contains many provisions that severely restrict “freedom” and “personal liberty”.
“The new provisions for arrest and police custody (that can extend custody up to 60 days or 90 days) will only lead to police excesses and custodial persecution. One of the first tasks of the successor government in 2024 must be to review these laws and remove the draconian provisions,” he added.
While replying to a debate on the three bills in Parliament last week, Union Home Minister Amit Shah said the focus was on delivering justice rather than handing down punishment.
The three legislations aim at completely overhauling the criminal justice system in the country by giving definition of various offences and their punishments. These have given a clear definition of terrorism, abolished sedition as a crime and introduced a new section titled “offences against the state”.
The bills were first introduced during the Monsoon session of Parliament in August. After the Standing Committee on Home Affairs made several recommendations, the government decided to withdraw the bills and introduced their redrafted versions last week.