India's lawyers, activists protest against new criminal laws
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[July 08, 2024]
By Arpan Chaturvedi
NEW DELHI (Reuters) - Indian lawyers and activists are urging Prime
Minister Narendra Modi's government to put on hold three sets of new
criminal laws, arguing they will increase litigation in an already
overburdened justice system and give excessive powers to police.
India this month replaced its criminal justice system - the Indian Penal
Code of 1860, the 1973 Code of Criminal Procedure and the Indian
Evidence Act of 1872 - with new laws.
The new laws, in force since July 1, expand police powers on pre-trial
detention of an accused and introduce the death penalty for gang-rape of
women aged under 18, among other provisions. They also mandate judges to
issue written rulings within 45 days after a trial ends and for charges
to be framed within 60 days of the first court hearing in a case.
Indian lawyers fear old cases could continue to drag on as the ruling
deadlines apply only to new cases after July 1. And there is confusion
which laws - old or new - will apply to cases registered after July 1
for a crime committed before that date.
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"It only increases and complicates work for lawyers," said Delhi-based
lawyer Shadan Farasat, adding that many provisions will need to be
interpreted afresh by courts which could increase litigation.
Two lawyer associations with more than 13,000 members in India's
southern state of Tamil Nadu have announced plans to boycott court work
on Monday in protest against the laws.
India's home ministry and law ministry did not respond to requests for
comment.
India says thousands of judiciary officials, public prosecutors and
police officers have been trained in how to apply the new laws. Modi's
government says there are "various misconceptions" being spread about
the laws which are "victim-centric" and will make the system "most
modern" in the world.
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A lawyer looks into his mobile phone in front India's Supreme Court
in New Delhi, December 11, 2023. REUTERS/Adnan Abidi/File Photo
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"The new laws have made forensic investigation mandatory in offences
punishable by 7 years or more, which will help speed up justice and
take the conviction rate up to 90%," the government said last week.
The new laws also add punishment for crimes such as mob lynching and
hate speeches, but have faced criticism for not offering any
protection to men if they are raped.
India's Constitution empowers states to modify such laws. In
Karnataka state, the government has said it will make more than 20
changes to the new laws, criticizing provisions it says even
criminalize a hunger strike against the government in protest.
Human rights group Amnesty says Indian authorities must "immediately
repeal" the new laws as they could allow for police abuse.
Police can now seek the same maximum 15-day custody as earlier but
it can be done in whole or part over a longer time frame. Older laws
only allowed such custody to be exhausted within the first 15 days
of an arrest.
This "provides a fertile breeding ground for torture and other
ill-treatment," Amnesty said.
(Reporting by Arpan Chaturvedi; Editing by Aditya Kalra and Raju
Gopalakrishnan)
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