Prime Minister Narendra Modi’s Hindu-nationalist government has sought to remove lingering symbols of colonial rule from India’s history books, urban landscape and political institutions, says an AFP report on Aug 11, 2023.
The story dealing with Home Minister Amit Shah introducing new Bills to replace IPC Codes was titled:
"India proposes sweeping overhaul of British-era criminal laws".
"India’s government unveiled new punishments for mob lynchings and crimes against women on Friday in a proposal for the country’s biggest criminal justice overhaul since the British colonial era," ran the story also published in Pakistani newspaper 'Dawn' website !!
Notably, two other countries Pakistan and Bangladesh also use same Penal Codes (only the prefix have been changed) So the Modi government's decision is also expected to trigger debates on these lines in these two countries.
AFP story further states:
“These laws were made to strengthen the colonial rule, to protect colonial rulers, and the intention was to punish and not give justice,” he told lawmakers while introducing bills for the reforms.
“We are going to change this and the spirit of these new laws will be to protect the constitutional rights of our citizens.”
New provisions in the laws would impose the death penalty on perpetrators of mob lynchings and minimum sentences of 20 years for gang rape.
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| AP snap/The Guardian |
A Reuters copy says,
"Some legal experts said the bills, if approved by Parliament, may create disruptions and add complexity to the legal process as courts will have figure out procedural implications and positions on tens of thousands of existing trials."
The bill seeks to replace the colonial-era sedition law which was mainly used against Indian political leaders seeking independence from British rule.
"However, in modern India it has frequently been used since 1947 as a tool of suppression by successive democratically elected governments to intimidate people who protest against authority," the report says.
Interestingly, in an analysis piece, the headline in 'The Guardian' ran ---
"Manipur conflict drags ‘messiah of the poor’ Narendra Modi down to earth"
the piece penned by Michael Safi.
The story says:
"Indian opposition hope to open voters’ minds to idea that PM is actually responsible for societal problems"
It also says: The Indian prime minister has never taken questions at a press conference in the country, declines interviews with critical journalists, and leaves daily commentary to his lieutenants or an army of online trolls. The grubby cut-and-thrust of electoral politics is for others; Modi instead is cast in loftier terms as the “messiah of the poor”.
Now, something close to a civil war in a north-eastern Indian state has dragged him down to earth.
"Since May, fighting between the predominantly Hindu Meitei ethnic group and the Kuki, a mainly Christian ethnic group, has turned parts of the state into a warzone, forcing the closure of schools and workplaces, the restriction of the internet and the deployment of the Indian army with orders to shoot on sight.
For months, as dozens of people in Manipur were killed, tens of thousands displaced, and state armouries looted of automatic weapons, Modi stayed silent," the article goes.
“His primary fear is to be linked to failure,” says Sushant Singh, a senior fellow at the Centre for Policy Research, a thinktank in Delhi. “Things that do not reflect well on him or his government, he avoids them.”
"India’s sudden decision to restrict the import of computers and tablets looks more like bureaucratic desperation rather than a well-considered industrial policy.
The move a day later to push back implementation until November only adds to the sense that New Delhi is making things up as it goes along," - says 'Washington Post'
Some highlights of the new Bills
In order to deal effectively with the problem of organised crimes and terrorist activities, new offences of terrorist acts and organised crime have been added in the Bill with deterrent punishments.
A new offence on acts of secession, armed rebellion, subversive activities, separatist activities or endangering sovereignty or unity and integrity of India has also been added.
Specific time lines have been prescribed for time bound investigation, trial and pronouncement of judgements.
Citizen-centric approach have been adopted for supply of copy of first information report to the victim and to inform them about the progress of investigation, including by digital means.
The third bill called the Bharatiya Sakshya Adhiniyam, which seeks to replace the Evidence Act, says that 'evidence' includes any information given electronically, which would permit appearance of witnesses, accused, experts and victims through electronic means.
The offences against women and children, murder and offences against the state have been given precedence. The various offences have been made gender neutral.
"Parliament is revered as Temple of Democracy but listening to the debate cutting across party line if Parliament is the Temple all the prayers of the devotees will go unanswered. The level of intellectual debate and reasoning is lost and competition on dramatic jibes of who can give the vilest statement is becoming the new black.. Is this what we want the younger generation to emulate?" - K I Sema, Nagaland
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