Team Clarion
NEW DELHI — The proposed criminal law amendments pose a serious threat to civil liberties and the rights of individuals, Asaduddin Owaisi, All India Majlis-e-Ittihadul Muslimeen (AIMIM) supremo and Member of the Lok Sabha from Hyderabad, said here on Wednesday.
Owaisi was taking part in the debate, which at times became acrimonious, in the lower house of Parliament on the proposed Indian Justice (Second) Code (BNS), Indian Civil Defence (Second) Code (BNSS), and the Indian Evidence (Second) Bill (BSB), all of which are set to replace the existing Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the Indian Evidence Act.
Expressing his strong apprehension, Owaisi emphasised that the proposed legislation could grant unprecedented powers to the police, essentially making them ‘judge, jury, and executioner.’ He argued that these bills would strip citizens of their fundamental rights and liberties, citing specific provisions within BNS that he deemed dangerous.
The AIMIM chief drew attention to the inclusion of a provision in the bills mandating trial courts to deliver verdicts within a maximum of three years. Owaisi criticised this stipulation, asserting that it could compromise the due process and fairness of the legal system.
Owaisi further highlighted key changes, including the introduction of a crime labeled as treason in a modified form and an increase in the minimum punishment from three to seven years. He expressed concern over the potential ramifications of these alterations on citizens’ rights.
The criminal law amendment bills were introduced on Tuesday by Home Minister Amit Shah, with significant changes proposed for offences such as mob violence and activities deemed to threaten economic security, which would now be classified as terrorist acts.
Notably, the bills also introduce a novel approach to minor crimes, suggesting community service as an alternative to imprisonment for offences that do not significantly impact society. The proposed legislation encompasses various changes in the legal landscape, ranging from modifications in the Indian Penal Code to provisions for video conferencing during court hearings.
Talking to Clarion India over the phone, M.R. Shamshad, Advocate-on-Record at the Supreme Court, highlighted the historical context of the bills, noting that the British formulated criminal laws for India in different ways. He said the current amendments aim to redefine these laws. He emphasised the need for a thorough examination of complete laws before drawing any conclusions on its alignment with India’s present legal landscape. According to Shamshad, a comprehensive assessment was essential to determine how much of the legislation is tailored to suit the present situation.
Khalid Akhtar, another senior Supreme Court lawyer, expressed reservations over the proposed bills. Talking over phone, Akhtar indicated that numerous individuals have raised objections to the legislation, citing several loopholes that need clarification. He stressed the importance of addressing these concerns before the bill progresses further through the legislative process.
