Modi’s government says overhaul would make the country more just, but the opposition fears it would throw the criminal justice system into disarray
Opposition parties and legal professionals in India are expressing worries regarding the government's replacement of traditional criminal laws with new legislation, citing the potential disruption to the criminal justice system. India recently introduced comprehensive changes to its criminal laws, with Prime Minister Narendra Modi's administration asserting that the revisions would enhance fairness. The Bharatiya Nyaya Sanhita, 2023 has substituted the Indian Penal Code, 1860; the Bharatiya Sakshya Adhiniyam, 2023 has replaced the Indian Evidence Act, 1872; and the Bharatiya Nagarik Suraksha Sanhita, 2023 has been enforced in lieu of the Code of Criminal Procedure, 1882.
The updated laws were sanctioned by parliament to prioritize justice over punishment and to modernize the legal framework, which had long been reliant on colonial-era laws. Notable modifications include abolishing the sedition law, strengthening laws on sexual assault, removing a law criminalizing sodomy, extending the duration suspects can be held by the police, and more. The changes have elicited varying responses, with the opposition criticizing the lack of parliamentary discussions and concerns raised about the potential impact on the justice system's efficiency.
The introduction of these new laws has sparked a debate regarding the need for comprehensive criminal justice reform, with calls for additional measures such as police reform and improvements in judicial infrastructure. While supporters of the new laws emphasize their role in advancing indigenous justice, critics argue that crucial safeguards and constitutional considerations have been overlooked. The transition to the new legal framework is expected to present challenges and legal disputes in the coming days, as the country navigates the complexities of its evolving criminal justice system.
In light of these developments, legal experts and politicians are divided on the implications of the new laws and the effectiveness of the government's approach to criminal justice reform. Concerns persist regarding the potential for confusion and delays in the legal process, as well as the need to ensure that the new laws align with constitutional principles and modern criminal justice standards.
Source: ALJAZEERA
ALJAZEERA MEDIA NETWORK