Check replacements of colonial criminal laws with fine-tooth comb
Three new bills dramatically introduced at the fag end of the Lok Sabha session, which seek to replace colonial-era criminal laws, were appropriately sent to a parliamentary select committee for vetting. There is already some disquiet over making the laws way too harsh and squeezing the democratic space for disagreement. The proposed laws need a really wide public consultation by the select panel, though the government packaged them as the nectar of collective wisdom distilled from 158 meetings over a span of four years.
The drafts are based on inputs from 18 states, six Union Territories, the Supreme Court, 16 high courts, five judicial academies, 22 law universities, 142 MPs and around 270 MLAs. While the Bharatiya Nyaya Sanhita Bill will replace the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita Bill is in place of the Criminal Procedure Code, and the Bharatiya Sakshya Bill will supplant the Indian Evidence Act. As could be expected from a party that treats muscular nationalism as an article of faith, it added a new offence on secession and separatist activities, though it axed the colonial sedition law. For the first time, terrorism has been exhaustively defined. Provisions of the draconian Unlawful Activities (Prevention) Act have been integrated with it. As for hate crimes by a group of five or more that result in death, the entire bunch of persons would be liable for equal punishment, not just the actual murderer. Besides, capital punishment stays in the statute book.
On the positive side, crimes against women and children are among the Nyaya Sanhita’s major thrust areas, for which punishments have been enhanced. Also, it provides for zero FIRs that can be lodged anywhere irrespective of jurisdiction, making it difficult for offenders to wriggle out.
Another ambitious attempt is to extend forensic science-based investigation across the country. To expedite case disposal, the summary trial has been made mandatory for petty crimes. Among the interesting provisions is the introduction of community service as punishment. It also seeks to plug a loophole on releasing prisoners due to political considerations. Section 377 on unnatural sex has been abolished but criminal defamation stays.
On balance, the big question is whether harsh punishments would serve as deterrents or limit civil liberties; whether a future Shaheen Bagh would result in jail for all its participants. Lest it be forgotten, such laws could as well bite the ruling establishment in states where it is not in power.