Secrecy, publicity stunt and headline management have become the stock-in-trade of the BJP government at the Centre. Major policy decisions and executive actions undertaken by the government such as Demonetization and nation-wide lockdown after the outbreak of COVID-19 pandemic followed this pattern. Each time the exercise appeared to have been prompted by a resolve to project PM Modi as a harbinger of progress and prosperity. It does not seem to matter much for the government that such measures eventually brought unmitigated suffering and disaster for the people and the country. One can detect the same logic and political objective behind the government’s latest initiative to change the architecture of the country’s criminal laws lock, stock and barrel.
No one can have a second opinion that the Indian laws relating to criminality, mostly drafted by the British colonialists with clear intentions of suppressing a colonized people, did deserve to be updated after serving for well over a century. However, one current motivation which seems to be at work is to divert the people’s attention from the colossal crimes committed against women and men across the country and more so now in Manipur, government interference in Delhi administration, price rise. This might also help divert attention from the Supreme Court’s recent observations on the Unlawful Activities Prevention Act (UAPA) and the ruling on the Sedition Law as also the suggestion to include the Chief Justice of India as a member of the committee that will choose the Chief Election Commissioner (CEC) and the Election Commissioners (ECs). The Centre introduced three crucial Bills in the Lok Sabha on the last day of the Monsoon Session of Parliament. The Bills seeks to replace the Indian Penal Code (IPC) of 1860 by Bharatiya Nyaya Sanhita, the Code of Criminal Procedure, 1973 (originally enacted in 1898) by Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Indian Evidence Act, 1872 by Bharatiya Sakshya Bill. Removing ‘India’ from the names as also the forcible use of Hindi words in the names of the new laws is a clear political decision. I.N.D.I.A., the new grouping that is politically opposed to the BJP seems to have put the government in a tight spot in matters of using that name.
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The timing of introducing the Bills in the Lok Sabha is also significant. The government during its entire tenure gave no hints about its plan in this regard, but only a few months before the coming Lok Sabha polls it announced its decision to almost launch a surgical strike at the edifice of the country’s criminal laws. This has taken the entire legal fraternity by surprise. The objective seems to be precisely to produce this stunning impact so as to impress on the people that the government’s wisdom far surpasses that of everyone else in the country. Had it not been so, the government would have made the plan public and sought opinion of all stakeholders instead of passing the Bills only to refer to the select committee to scrutinise them.
True, India’s criminal justice system is in need of repair and overhaul since the laws date back to 19th century colonial era. But, that does not mean this should be done secretly since the wisdom of the country’s best legal brains and bodies is needed to be tapped for the purpose.
The result of not doing so is already there for everyone to see. For example, the announcement to repeal the Sedition Law smacks of hypocrisy and diabolic intent. The Sedition Law is sought to be retained with even harsher provisions in the garb of protecting the country’s ‘sovereignty.’ The proposed Sanhita contains a provision that penalises “endangering sovereignty, unity and integrity of India.” Without calling it sedition, it expands its definition, including aiding through financial means and “subversive activities” and encouraging “feelings of separatist activities.” These are all vague terms which can be abused to suit the interests of the government of the day to silence its critics.
It could be that the government wants to circumvent the apex court’s decision to keep in abeyance the Sedition Law under Section 124 mainly because the Central government undertook a re-look at the law. The new legislation is in keeping with the Law Commission’s recent report suggesting changes to the Section 124A that would have made it more draconian. The proposed Clause 150 demonstrably makes the law of sedition, under a new name, more stringent. The endeavour seems to be to make the current Sedition Law wider but without the safeguards that judicial pronouncements have created so far.
There are several other features of the new legislation that have the potential to clamp police raj on the country as the police would get more powers to harass and torture the accused under Section 187 of the BNSS, where the period of police custody of an arrested person has been extended from a maximum of 60 to 90 days depending upon the offence. This will make the accused vulnerable and put them at the mercy of police officers. The character and mindset of the Indian police has not changed from colonial times. It’s a negative force that always, without exception, suppresses and tortures the poor and the weak while blatantly supporting the rich and the powerful. Giving that force more unquestionable power will only help to destroy Indian society and culture.
The government’s move is suspect and its authoritarian tendencies are becoming more and more pronounced. This is all the more unfortunate since the current dispensation loses not a single opportunity to slam the Congress for the Emergency Indira Gandhi imposed in 1975 to destroy individual liberty and freedom. The party which has formed the present day government would do well to remember that elections can go any which way and a day might come when the BJP will again find itself occupying the Opposition benches. If that would happen, the other parties will not hesitate to misuse these same laws against citizens owing allegiance to the BJP and its allies.
Unless, of course, the BJP leaders are convinced they will certainly win 2024 and they will permanently stop holding elections ever again in India!
Happy Independence Day to all Indians
