Friday, August 11, 2023

"IPC actually stood for Irish Penal Code" ::::: Mega announcement by Home Minister Shah !! But the row on Sedition remains


In a new move possible only by a regime led by Narendra Modi, community services have been included as one of the punishments for petty offences !!


Fines and punishment for various offences have also been enhanced.



"Wow! 3 hugely important laws which will affect all of us, are introduced at the end of this session, w/o any disclosure or discussion. The colonial wolf of sedition brought back in sheep's clothing. This is New Democracy in Modi's New India!" 

- tweeted eminent lawyer Prashant Bhushan


Video Link Sedition (credit ANI/Tweet) 


Bhartruhari Mahtab, Biju Janata Dal MP (Cuttack) in Lok Sabha: "Sir, I am very grateful to witness history in the making. For the last many years, as a journalist by profession, I have been repeatedly asking for change the IPC and also CrPC. 


"During my last 25 years in this House, during Atal ji’s Prime Ministership, we had also deliberated on change of the Indian Evidence Act. Why is it necessary? To a certain extent, the then Home Minister, Mr. Advani ji had assured this House that they would be working on change of this Act". 



The mega announcement by Home Minister Amit Shah on the ultimate day of the Monsoon session of Parliament will have a significant of its own.




                                                                      
Changing the Song, Music and Boredom 



Shah, the much trusted close friend and esteemed colleague of Prime Minister Narendra Modi, introduced three criminal justice system related important Bills that will completely overhaul the British-era laws -- the Indian Penal Code (1860), Code of Criminal Procedure (1898), and the Indian Evidence Act (1872).


Both friends and foes have been caught by surprise !!


Repealing Sedition law was one of the most controversial laws of modern India and the Modi government in a number of cases had come under attack for abusing the law targeting its opponents and even student and other protesters.


"The doors of the courts were knocked several times questioning the relevance of colonial-era law which was promulgated by Britishers to crush the Indian independence moment," aptly says a report in 'The Mint'. 


It is worth mentioning that in May 2022, the Supreme Court ruled that the sedition law will remain on hold under the Centre completes the review of colonial relics.  


The apex court asked the Centre and state government to not register any new cases under sedition. 


"Demand of Repeal of Sedition Law has been made by many parties especially by those who did not do it when in power !" - tweeted Jaiveer Shergill of BJP 


Biju Janata Dal member B. Mahtab welcomed the new legislations in the House and said: "It is a good beginning...We are witness to history in the making. This fulfills our wishes of many years... I used to write about these as a journalist and we took up the matter during Vajpayee's tenure in 1998 and later."


"In fact, the then Home Minister L.K. Advani had also assured the House that these changes will be made."






BJP MP and former Law Minister Ravi Shankar Prasad says, "All three bills are historic...These will strengthen India's Criminal Justice System...Earlier, people used to be on the run and trials could not happen"


...Now, the trials will have to be done for fugitives and terrorists, even if it is done separately...Punishment will be given..."  



The 1860 Indian Penal Code will be replaced by the Bharatiya Nyaya Sanhita; the Bharatiya Nagarik Suraksha Sanhita will replace the Code of Criminal Procedure and the Bharatiya Sakshya will replace Indian Evidence Act.



"From August 16, the road from 75 to 100 years of Independence will begin. The PM had vowed to end the mindset of slavery. We will finish IPC (1857), CrPC (1858), Indian Evidence Act (1872) - which were made by the British. 


We will bring three new laws in their place to ensure the protection of rights. It will aim to give justice not punishment," said Shah.



Bharatiya Nyaya Sanhita, which will replace the Indian Penal Code will now have 356 sections. Earlier, there were 511 sections and 175 sections have been amended.


The sedition law (Section 124 A of IPC) has been (will be) repealed and replaced with a section on acts endangering sovereignty, unity, and Integrity of India (Section 150). 


A new offence on acts of secession, armed rebellion, subversive activities, separatist activities or endangering sovereignty or unity and integrity of India has been added in the revised laws.


A new section has been added under ‘Acts endangering sovereignty, unity and integrity of India. It has been defined as “Whoever, purposely or knowingly, by words either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, 

......
secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years and shall also be liable to fine”.

BJD MP, Mahtab also said:


"What does IPC stand for? 

It was not actually Indian Penal Code. Originally, it was Irish Penal Code, and Macaulay is the father of this IPC. A Law Committee was formed by the British Government in 1834. That means, it was formed during the East India company. 


"In 1856, the British Crown came to power in India, and in 1860, this was implemented by just removing the word ‘Irish’ and putting in the word ‘Indian’ in the IPC. So, it was more like subjugation of the subjects by the ruling power."





ends 







1 comment:

  1. "It was, in my opinion much needed the laws were made by the British for the people they despised. When India became independent. There was need to rewrite those laws, but Congress which took control of the country remained loyal to the British laws as if they were sacrosanct. A newly independent country needed fresh IPC, which wouldn't have been retrograde." -- Kat Patil, Pune

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