“New criminal laws mockery of Constitution”: Journalist Teesta Setalvad

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Civil rights activist and journalist Teesta Setalvad criticized three new laws set to replace British-era legislation starting July 1, calling them a “mockery of the Indian Constitution.”

NEW DELHI: On Friday (28th June): Civil rights activist and journalist Teesta Setalvad criticized three new laws set to replace British-era legislation starting July 1, calling them a “mockery of the Indian Constitution.”

The new laws—Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023—will replace the Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act, respectively.

The Bharatiya Nyaya Sanhita (BNS), 2023, introduces a more streamlined and clear set of definitions and penalties for various crimes, aiming to remove ambiguities present in the IPC. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, focuses on enhancing procedural fairness and speeding up the trial process, addressing long-standing issues with delays and inefficiencies in the CrPC. Lastly, the Bharatiya Sakshya Adhiniyam (BSA), 2023, updates the evidentiary standards and protocols to better align with current technological and social realities.

Speaking at an event titled “India’s New Criminal Laws: Reform or Repression?” Setalvad argued that these laws undermine the sovereignty enshrined in the Constitution and lacked the necessary detailed and elaborate consultation before being passed.

The three laws received Parliament’s approval on December 21 last year, and President Droupadi Murmu gave her assent on December 25. According to three identical notifications issued by the Union Home Ministry, provisions of the new laws will come into force from July 1.

Setalvad claimed that certain provisions amended after human rights and legal movements have been reintroduced under the guise of decolonization.

She asserted that these laws “militate against participatory democracy and the democratic fabric of the nation” and “aspire towards Hindu rashtra.”

Other speakers at the event, Vrinda Grover and Vijay Hiremath, also opposed the new laws. Grover highlighted the danger of “routinization of extraordinary provisions,” noting that some safeguards in the Unlawful Activities Prevention Act (UAPA) will be lost.

Hiremath argued that the new laws are more draconian than the existing ones.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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