New Criminal Laws Spark Political Debate, Opposition Says Won't Allow 'Bulldozer Justice'

The implementation of the three new criminal laws on Monday has sparked a political debate. Congress leader P Chidambaram, along with party President Mallikarjun Kharge have criticised the laws, while ministers from the central government and a member of the judiciary have expressed support for them.

The Bharatiya Nyaya Sanhita, 2023; the Bharatiya Sakshya Adhiniyam, 2023; and the Bharatiya Nagarik Suraksha Sanhita, 2023, will be replacing the British-era Indian Penal Code, Code of Criminal Procedure, and the Indian Evidence Act.

The formulation of these laws involved extensive consultations with stakeholders, including Members of Parliament, Members of Legislative Assemblies from various parties, common citizens, and the incorporation of recommendations from the Law Commission of India, according to Bombay High Court Chief Justice Devendra Kumar Upadhyaya, who stood in support of the changes.

However, Chidambaram expressed strong disapproval. "90–99% of the so-called new laws are a cut, copy, and paste job. A task that could have been completed with a few amendments to the existing three laws has been turned into a wasteful exercise," he said in a post on X, formerly Twitter.

While he acknowledged some improvements in the new laws, he argued that these could have been introduced as amendments. He also pointed out several retrograde provisions, some of which he deemed prima facie unconstitutional.

Chidambaram accused the government of "bulldozing" existing laws and replacing them with three new bills without adequate discussion and debate. He emphasised that further changes must be made to the laws in the long term to align them with the Constitution and modern principles of criminal jurisprudence.

The government did not address any criticisms in the dissent notes, and there was no meaningful debate in Parliament, he said.

In contrast, Justice Upadhyaya urged the public to welcome and implement the new criminal laws with a changed mindset.

Speaking at an event organised by the Ministry of Law and Justice titled 'India's Progressive Path in the Administration of the Criminal Justice System,' CJ Upadhyaya highlighted the critical role of effective implementation.

"We are in a transition phase. After today (June 30), we will be having a new regime of criminal laws that will require a lot of preparedness on behalf of all stakeholders," said Union Minister of State for Law & Justice, Arjun Ram Meghwal, emphasising the transformative nature of the new criminal laws.

Welcoming the implementation of the new criminal laws, Assam Chief Minister Himanta Biswa Sarma on Monday said the state had made "extensive preparations" for this day and appealed to all concerned to cooperate in this endeavour.

Congress leader Manish Tewari demanded that Parliament re-examine the new criminal laws, claiming they lay the foundation of turning the country into a police state.

Congress President Mallikarjun Kharge on Monday claimed that the three new criminal laws were passed 'forcibly' after suspending 146 MPs in the last Lok Sabha, and asserted that the Indian National Developmental Inclusive Alliance bloc will not allow such 'bulldozer justice' to prevail in the country's parliamentary system.

(With inputs from PTI).