New Delhi (Agency): The Congress party, on Sunday, emphasized the need for broader consultations with experts and the public on the three proposed bills that aim to reshape India’s criminal justice system. Their intention is to prevent a rushed transformation without adequate discussions.
Congress’s general secretary, Randeep Surjewala, expressed concern that on August 11, the Modi government introduced these three bills without prior notice or consultations with legal professionals, jurists, or criminologists. He stated that this sudden introduction, seemingly from the government’s “black magic hat,” restructures the nation’s entire criminal law framework in a “clandestine, hidden and opaque manner.”
Furthermore, Surjewala pointed out, “The introductory remarks of the Home Minister himself gave away the fact that Amit Shah is himself out of depth, ignorant and oblivious to the entire exercise.” He added that such a hidden process, far from public view or expert advice, doesn’t align with the public’s interest in reforming the nation’s criminal laws.
Union Home Minister, Amit Shah, brought forth the Bharatiya Nyaya Sanhita (BNS) Bill, 2023; Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, 2023; and Bharatiya Sakshya (BS) Bill, 2023. These bills are set to replace the Indian Penal Code, 1860, Criminal Procedure Act, 1898, and Indian Evidence Act, 1872, respectively.
In a show of due process, the minister requested Lok Sabha Speaker Om Birla to allow the Parliamentary Standing Committee on Home Affairs to examine these bills.
However, Surjewala contended that many of Shah’s comments on the bills were misleading. He stressed that, “While the Bills have been referred to the Select Committee of Parliament, the Bills and their provisions must be thrown open for a larger public debate by judges, lawyers, jurists, criminologists, reformers, stakeholders and the general public.” Such a process, he believes, will ensure that the criminal law’s overhaul isn’t rushed without proper discussion—a characteristic he feels is common to the current BJP government. “We hope that better sense will prevail,” Surjewala commented.
Additionally, Congress MP Manish Tewari voiced a similar sentiment, emphasizing the historical depth and importance of the acts being replaced. On a social platform, he noted that the interpretation of each provision in these acts has been solidified through various judicial decisions over the past century. Tewari suggested, “It therefore is imperative that a Joint Committee of Parliament consisting of lawyers, retired judges, former police officials/civil servants, jurists and members active in human, women and civil rights movements should be constituted” to meticulously examine these bills.
He highlighted the significant influence these bills could have on the fundamental rights laid out in the Constitution of India, particularly emphasizing the vital Articles 14, 19, and 21.
Among the proposed changes, these bills intend to abolish the sedition law and introduce a more comprehensive definition of the offense. They also seek to define terrorism for the first time in the nation’s legal framework. Furthermore, the bills propose stringent punishments for heinous crimes such as mob lynching, sexual assault of minors, and gang rape. The revisions also include introducing community service as a potential penalty for first-time minor offenses.
The intent behind the bills may be commendable, aiming to modernize and strengthen the criminal justice system. However, the Congress party firmly believes that such crucial changes should undergo widespread consultation and rigorous review to ensure they truly serve the public’s best interest.
