New Criminal Laws in India: Experts Share Concerns and Opinions
As three new criminal laws come into effect in India, legal experts have expressed various concerns and opinions. These laws are expected to impact many citizens at some point in their lives.
Concerns Over Rushed Implementation
Former Union Law Minister Ashwini Kumar criticized the government’s rushed approach to passing these laws, stating that there was insufficient discussion in Parliament and no consultation with stakeholders. He emphasized the need for meaningful deliberations.
Potential Misuse of Power
Advocate Sumit Gehlot from Fidelegal Advocates and Solicitor warned that the new laws grant law enforcement agencies excessive powers without adequate checks and balances. He highlighted the potential for civil liberties violations and misuse of authority.
Support for Replacing Outdated Laws
Dr. Adish C Aggarwala, Chairman of the All India Bar Association, supported the new laws, stating that they replace outdated colonial-era legislation. He believes the new laws bring significant changes to the criminal justice system, addressing current challenges like mob lynching and hate crimes.
Procedural Concerns
Former Union Law Secretary PK Malhotra acknowledged the need for these reforms but noted that the laws were passed hastily, without sufficient debate. He suggested that any deficiencies could be rectified through future amendments.
Need for Democratic Legitimacy
Senior Advocate Pinki Anand emphasized the importance of updating criminal statutes to reflect democratic legitimacy. She noted that the new laws aim to streamline the judicial process and address the backlog of cases.
Bar Council of India’s Response
The Bar Council of India (BCI) has acknowledged protests against the new laws and plans to engage in discussions with the government to address legal concerns. The BCI has urged bar associations to refrain from protests and identify any unconstitutional or harmful provisions for constructive dialogue.
