'Ego-based namkaran exercise': Congress on government's scrapping of colonial-era laws

Both houses of Parliament have approved three new criminal law bills, signalling the end of the existing Penal Code on Thursday. However, this decision has sparked a heated debate, notably in the absence of suspended opposition MPs.

The bills Bharatiya Nyaya Sanhita proposes to replace the Indian Penal Code, Bharatiya Nagarik Suraksha Sanhita seeks to replace the Code of Criminal Procedure, and Bharatiya Sakshya Sanhita replaces the Indian Evidence Act. They have stirred controversy, prompting Congress and legal experts to voice their concerns. Dr Abhishek Manu Singhvi, a senior Congress MP and prominent lawyer, expressed strong reservations regarding the new legislation during a discussion on India Today.

Singhvi highlighted potential risks associated with expanded police powers, particularly the provision allowing up to 15 days of custody within a 60 to 90-day window before a charge sheet is filed. This extension, compared to the previous 15-day limit within the initial arrest period, has raised fears of potential abuse.

One of the core concerns raised by Singhvi and echoed by legal experts involves the broadened scope of offences, including those related to terrorism, organised crime, and threats to national sovereignty. The worry is that the inclusion of these offences without removing existing laws pertaining to them might lead to overlapping jurisdiction and a surge in litigation.

Singhvi strongly criticised the government's stance on the overhaul, describing it as a "cosmetic change," emphasising the need for substantive improvements rather than mere rhetoric about colonial legacies. He denounced the move as an "ego-based naming exercise," suggesting it was more about leaving a political imprint than enacting meaningful legal reform.

The Home Minister defended the changes as an essential step in shedding colonial remnants from the country's legal framework, emphasising the need for modernisation. However, Singhvi's arguments shed light on the underlying concerns about the depth and implications of these legislative changes.

The ongoing discourse underscores the divergent perspectives surrounding the much-debated overhaul of the country's criminal laws. As these bills transition into implementation, the scrutiny and discussions are expected to intensify, with stakeholders and legal minds closely monitoring their real-world impact on Indian citizens and the justice system at large.

The passage of these bills signifies not just a legal transition but also a tug-of-war between historical legacies and the envisioned future of the Indian legal framework. Amidst the political rhetoric, the quest for a balanced and effective legal system remains at the heart of this ongoing debate.