Postpone implementation of new criminal laws: CPI(ML) Liberation MPs to President

CPI(ML) Liberation MPs on Friday sought President Droupadi Mumru's "urgent intervention" to postpone the implementation of the new criminal laws that are set to come into force from July 1, saying they need a thorough review and wider consensus. In a letter, the two MPs -- Sudama Prasad and Raja Ram Singh-- said several compelling concerns are being raised from various sections of society and the legal fraternity regarding the three new criminal codes - Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam.

The MPs said there are several draconian provisions in the laws that have criminalised the basic civil liberties that citizens enjoy, in particular, the freedom of speech, right to assembly, right to associate, the right to demonstrate and other civil rights, the MPs said.

"This is particularly evident in the introduction of a broadened definition of a 'terrorist act' from the draconian UAPA, the retention of the notorious sedition law (section 124A of IPC) under a new nomenclature and the criminalising of hunger strikes - all of which are likely tools in the criminalisation of legitimate dissent and lawful nonviolent democratic protests," they said.

They said there are enhanced arbitrary powers to the police that will have an impact on civil liberties and human rights in the country.

"Statutory sanction has been given to the police to detain persons, without complying with the safeguards around arrest," they said.

They also said the new laws have made it mandatory to display prominently, both physically and digitally, the name, address and the nature of the offense of an arrested accused, in every police station and district headquarters.

"This provision in addition to violating the right to privacy and human dignity of a person facilitates the profiling and targeting of individuals by the police prior to any formal conviction," they said.

The MPs said handcuffing has been made statutory, while the police have been given discretion in the registration of FIRs.

"Most shockingly, the duration of police custody has been enhanced from the present limit of 15 days, to 60 or 90 days (depending on the offence), exposing accused persons to intimidation, torture and danger," they said.

The CPI(ML) Liberation leaders said it appears that "half measures have been taken at tackling mob lynching since the relevant provisions in the BNS, while criminalises such actions without specifically calling it as such, has omitted religion as one of the explicit grounds.

They also expressed concerns over provisions sanctioning punishments like solitary confinement which they called inhuman.

"Given the massive backlog of criminal cases (3.4 crore cases), bringing these three laws in force at this time, will create two parallel legal regimes, leading to further backlog and placing further strain on the already overburdened judicial system," they said.

The MPs said while there is no denying that India's criminal justice infrastructure is in dire need of reform, the three criminal laws are not the answer.

"These were passed with undue haste, without any discussion or parliamentary scrutiny given that 146 Opposition MPs were under suspension at the time these laws were passed. As such, it is necessary that the Union government take the decision to suspend the implementation of these three criminal laws and re-introduce them in Parliament for proper scrutiny and deliberations," they said.

The MPs urged the President to make an "urgent intervention".

"We share their concerns that the new laws will erode liberties and legal safeguards of citizens by arming the state with more sweeping and draconian powers. The new laws need a thorough review and wider and more informed consensus. Please advise the government against rushing with their implementation," they said.