The pro-Hindu government’s sweeping overhaul of India’s criminal justice system has stirred controversy, with church leaders, human rights activists and legal experts expressing concern, calling the new laws “regressive” and “unconstitutional.”
A new set of criminal laws passed by the Indian Parliament replaces the British colonial laws. The Indian government says the changes are necessary to ensure speedier justice and meet modern needs.
Opposition politicians have criticized the lack of adequate parliamentary deliberations, with 146 MPs suspended during the debate. Father Cedric Prakash, a Jesuit and prominent human rights activist, called the new law “draconian and repressive” and called for its immediate suspension. He pointed out that Bar Council of India (BCI) criticized the new regulations as dubious and unconstitutional and called for nationwide protests.
Muhammad Arif, Chairman Center for Harmony and Peacecriticized the Modi government for not taking all stakeholders, especially opposition politicians and prominent legal experts, into account before introducing the new law. Arif stressed that the British law already has comprehensive provisions for all types of crimes and expressed concern that the new law would not provide true justice to ordinary citizens. He also cited the increasing religious polarization since the pro-Hindu Bharatiya Janata Party (BJP) came to power in 2014.
Home Minister Amit Shah defended the reforms, saying the new law would transform the criminal justice system into a “completely Swadeshi system.” In this context, “Swadeshi” means that the new law was designed and formulated by India itself, unlike the previous laws that date back to the British colonial era. Home Minister Amit Shah emphasized that the new criminal justice system is based on the principles and needs of indigenous peoples and is no longer influenced by British colonialism. Shah claimed that the law was designed in accordance with the spirit of the Indian Constitution and would prove to be the most modern law once implemented.
(can – rp)
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