Legal experts object to Centre’s move to revamp criminal laws, call it re-colonisation

Umar Sharieef |NT

Bengaluru: The union government’s move to revamp the criminal laws featured in Indian Penal Code (IPC), 1860, Code of Criminal Procedure (CrPC), 1973, and the Indian Evidence Act, 1872, didn’t go well among the legal experts as many said naming these laws in Hindi is objectionable and meaningless, while also asking about the need for the “cosmetic” changes.

Union Minister Amit Shah introduced a bill in the Lok Sabha in which Bharatiya Nyaya Sanhita (BNS), 2023, will replace the IPC if passed in the Upper House.

Similarly, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, will replace the CrPC and Bharatiya Sakshya (BS) will replace the Indian Evidence Act, if passed.

The BNSS also proposes to make a significant clarification regarding the police custody period, which allows police to seek 15 days of custody in parts or at any time during the initial 60 days.

Legal experts argue that this allows for using draconian powers. Speaking to News Trail, senior Supreme Court Criminal Lawyer Rebecca M John said the move to introduce such bills in the house was objectionable and unnecessary.

“Revamping of the laws makes it unpronounceable for a larger population of India and is unnecessary. The laws should be simplified and not complicated”, she told News Trail.

However, she also said it is recolonization in the name of decolonization.

“It will get complicated for all the stakeholders including the judges. “By sitting in Delhi, I can tell you that many lawyers would find it hard to pronounce it, and how will it not be tough for the legal practitioners in the other parts of the country”, she asked.

While the matter has been referred to the standing committee, the advocate believes that there would be changes. Meanwhile, it also troubles law students.

Several law students to whom News Trail spoke, said the move is atrocious. “Why would the union government pass such a bill when Hindi is not the national language of India”, they asked and added that the move is to impose Hindi.

However, Tamil Nadu Chief Minister M K Stalin slammed the move by calling it ‘Linguistic Imperialism’.

He also termed it as the ‘Recolonisation in the name of decolonization, a move that reeks of linguistic imperialism’. Saying that it was an affront to the very foundation of India’s unity, Stalin also said Tamil Nadu had withstood the storm of Hindi imposition before and will continue to do it again.

“The fire of resistance against Hindi Colonialism is ablaze once more. The BJP’s audacious bid to supplant our identity with Hindi will be opposed resolutely”, he added.