The Supreme Court set to hear a plea on Monday challenging recently enacted criminal legislation. The case questions the constitutionality and potential impacts of the new laws. Key arguments focus on alleged violations of fundamental rights. The hearing could result in significant judicial review of the legislation.
New Delhi: The Supreme Court, On Monday, set to consider a petition that challenges the implementation of three recently passed laws aimed at reforming India’s penal codes. The petition contends that these laws contain numerous ‘flaws and inconsistencies.’
A bench consisting of Justices Bela M Trivedi and Pankaj Mithal, who currently presiding during the court’s vacation period, expected to preside over the case.
On December 21 of the previous year, the Lok Sabha approved three significant legislations known as the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Bill. These bills, subsequently endorsed by President Droupadi Murmu on December 25.
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These newly enacted laws, namely the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Act, will serve as replacements for the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act, respectively.
Advocate Vishal Tiwari, filed a Public Interest Litigation (PIL) requesting a halt on the implementation of the three recently enacted laws. The PIL argues that these laws passed without adequate parliamentary debate due to the suspension of numerous opposition members.
The plea seeks the court’s intervention in establishing an expert committee promptly. This committee would be responsible for evaluating the effectiveness and feasibility of the three new criminal laws.
The Plea Stated,
“The recently enacted criminal statutes are significantly more severe, effectively creating a police state and infringing upon every fundamental right of Indian citizens. The plea argues that if the colonial-era British laws were deemed harsh, the current Indian laws are even more so. During the British rule, an individual could be detained in police custody for up to 15 days, whereas the new laws extend this period to 90 days or more, a provision that the plea claims shockingly facilitates police torture.”
The Bharatiya Nyaya Sanhita a new set of laws that encompasses offences related to secession, armed rebellion, subversive activities, and separatist movements that endanger India’s sovereignty and unity.
Under these laws, anyone who knowingly and intentionally, through words (spoken, written, or electronic), signs, visual representations, financial means, or other methods, incites or attempts to incite secession, armed rebellion, subversive activities, or separatist feelings, or engages in acts that jeopardize India’s sovereignty and territorial integrity, can be punished with life imprisonment or imprisonment up to seven years, along with a fine.
Under the previous sedition law (IPC Section 124A), individuals involved in sedition could be punished with up to 3 years of imprisonment or life imprisonment. The new Bharatiya Nyaya Sanhita replaced the term “Rajdroh” (rebellion against the ruler) with “Deshdroh” (rebellion against the nation).
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Crucially, the new laws now provide a legal definition of “terrorism” for the first time, which was previously absent from the Indian Penal Code (IPC). Additionally, the Bharatiya Nyaya Sanhita expanded the magistrate’s authority to impose fines and declare individuals as proclaimed offenders.
These changes signify a shift in the legal framework, moving away from the colonial era sedition laws towards a more comprehensive set of laws that specifically address threats to India’s national sovereignty and integrity.