Three new criminal laws replacing colonial-era legislation are now in effect in India. Prime Minister Narendra Modi says the laws put citizens, dignity, and justice first. But senior legal professionals and human rights activists say the changes have been rushed through and will put life and liberty in danger.

New Delhi

Three newly enacted criminal laws in India have stirred controversy, replacing colonial-era legislation. Prime Minister Narendra Modi asserts that these laws prioritize citizens, dignity, and justice. However, senior legal professionals and human rights activists argue that the changes were implemented hastily and may jeopardize life and liberty.

Natasha Narwal, an activist imprisoned for protesting against India's Citizenship Amendment Act in 2020, believes the new laws are designed to suppress dissent. Narwal experienced personal hardship during her imprisonment, including her father’s death from COVID-19 and the disruption of her PhD studies due to travel restrictions.

The new laws, which supplant India's Penal Code, Criminal Procedure Code, and Evidence Act, eliminate the crime of sedition but introduce new, vaguely-defined crimes against the state. Police powers are expanded, and some rules of evidence are streamlined. Despite Home Minister Amit Shah’s claim of thorough consultation, opposition politicians, lawyers, and rights activists criticize the legislation for threatening free speech.

Prime Minister Modi defends the changes, stating that the laws were created with a focus on citizen welfare and modernizing policing practices. Yet, individuals like Narwal, who were imprisoned under special terror laws, remain skeptical of the government's intentions.



Human rights concerns in India as colonial-era legislation replaced

NATASHA NARWAL SAYS SHE IS PAYING THE PRICE FOR SPEAKING OUT. SHE WAS JAILED FOR PROTESTING AGAINST INDIA'S CITIZENSHIP AMENDMENT ACT IN 2020. HER FATHER DIED OF COVID WHILE SHE WAS IN PRISON. AND SHE HAD TO GIVE UP HER PHD STUDIES AND CAN'T TAKE HER PLACE AT A UK UNIVERSITY BECAUSE OF TRAVEL RESTRICTIONS IMPOSED ON HER. SHE SAYS THE NEW CRIMINAL LAWS ARE AIMED AT CRUSHING DISSENT. You name it and we have seen either they are arrested or various kinds of FIRs put on them or various kinds of other hurdles are put on them so that there is no voice which can question any decision of this regime. THREE NEW LAWS REPLACING INDIA'S PENAL CODE, CRIMINAL PROCEDURE CODE AND THE EVIDENCE ACT ALL TAKE EFFECT ON MONDAY. These laws were framed in the context of the British rulers and a lot of them were very oppressive. So that was the need of that is the reason why it was felt that a new set of laws governing the penal code as well as the evidence act they must get introduced in this country. THE NEW LAWS DO AWAY WITH THE CRIME OF SEDITION BUT INTRODUCE NEW CRIMES AGAINST THE STATE WHICH ARE ONLY VAGUELY DEFINED. OTHER OFFENSES ARE INCLUDED AND POLICE WILL ENJOY MUCH WIDER POWERS. THE CHANGES ALSO STREAMLINE RULES OF EVIDENCE. CO-MINISTER AMIT SHAH SAYS HE CONSULTED WIDELY REGARDING THE CHANGES. BUT OPPOSITION POLITICIANS, LAWYERS AND RIGHTS ACTIVISTS HAVE CONDEMNED THE LEGISLATION AND SAY THE CHANGES THREATEN FREE SPEECH. A process that was completely unrepresentative, completely non-consultative is actually going to now be used against the entire population in the name of some decolonization. What is the intent in extrapolating the provision with regard to terrorism in normal criminal law when you have a stand-alone law to deal with it in the form of the UAPA? PRIME MINISTER MODI DEFENDED THE CHANGES, SAYING THE THREE NEW CRIMINAL JUSTICE LAWS WERE ENACTED WITH THE SPIRIT OF CITIZEN FIRST, DIGNITY FIRST AND JUSTICE FIRST. AND INSTEAD OF WORKING WITH DANDA OR THE STICK, POLICE NOW NEED TO WORK WITH DATA. NATASHA AND MANY LIKE HER WHO WERE JAILED UNDER SPECIAL TERROR LAWS ARE UNLIKELY TO AGREE. RINETTE FERNANDEZ, AL JAZEERA.

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