As the three new criminal laws are set to come into effect from Monday, civil society groups have requested the prime minister to stay the implementation alleging them as draconian in nature. The organisations have raised concerns regarding the laws alleging lack of deliberations in the parliament and can transform the country into a fascist state.
The Ministry of Home Affairs will be implementing the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023, as the replacement for Indian Penal Code, Criminal Procedure Code and Indian Evidence Act.
Bombay Catholic Sabha, Citizens for Justice and Peace, Maharashtra Democratic Front, Vote For Democracy and other organisations came together on Friday to discuss the shortfalls of the new laws. Alleging multiple drawbacks, the organisations have written to Prime Minister Narendra Modi, Leader of Opposition Rahul Gandhi and Supreme Court Bar Association president Kapil Sibal appealing to stay the implementation and ensure elaborate parliamentary debate on the proposed changes.
“Our major concern is that the laws have been passed without any deliberations. They deal exclusively with matters of life and liberty and criminal harm that can be caused to an individual in other multiple and various ways. They deal with civil liberties of citizens more particularly in the matter of freedom of speech, right to assembly, right to associate, right to demonstrate, and their other civil rights, which can be criminalised as part of the law-and-order provisions of these three laws. The new laws in fact violate the principles of liberty, equality and non-discrimination enshrined in the Constitution of India,” the letter stated.
The letter requested special attention on features like criminalisation of legitimate, lawful, non-violent democratic speech or action as terrorism, broadening of the offence of sedition in a new and more vicious avatar, expansion of the potential for selective prosecution, exponential enhancement of 'police raj' and shielding some of the activities of the Rashtriya Swayamsevak Sangh (RSS).
The organisations appealed to the PM to ensure that the laws are stayed from implementation on July 1 until re-examination and debate.
“It is this impending threat to the democratic structure of this nation that has compelled us to seek your immediate intervention to stay the implementation of these questionable laws until their implications are thoroughly re-examined by a team of legal experts and debated on the floor of the Indian Parliament. As we are sure your esteemed selves are aware the West Bengal and Madras Bar Associations have also expressed great concern at the manner in which these laws have been passed and their content,” the letter said.
