New Laws and the Supreme Court

 

Three important laws concerning any citizen were first introduced in Lok Sabha on August 11, 2023, as Bharatiya Nyaya Sanhita, (to replace IPC) the Bharatiya Nagarik Suraksha Sanhita (to replace CrPC) and the Bharatiya Sakshya Bill (to replace the Indian Evidence Act) before being referred to a parliamentary committee headed by Brij Lal for further examination.

They were passed by the Lok Sabha on December 20, 2023, before being passed by the Rajya Sabha the next day.

Subsequently, on February 24, the Union Home Ministry issued a gazette notification announcing that the new laws will come into force from July 1 this year.

          From the time line of the above, it will be obvious that these three important legislations have been passed even without discussion in the Parliament (because most of the time in the Parliament has been even otherwise washed away by pandemonium by one party or the other) and also before being referred to a parliamentary committee.

          In this context, any one with slight concern regarding the enforcement of law and order and criminal justice system is quite aware of some of the realities in India:

(1)  Though the criminal justice system is expected to be reformative, the huge population on one hand and lack of scientific mechanism, dearth of finance for the same and limited number of personnel involved in it has made it difficult to really make it reformative.

(2) The system is so time consuming and expensive that most of those languishing in prisons without even a trial, even beyond a term that they would have served if they had been found guilty, are belonging to the poorer sections of the society who cannot afford to get justice.

(3) It is also a fact that among those poor, those belonging to the suppressed classes would be the most.

(4) The criminal justice system has been systematiclly been hardened against those who go to the aid of the poorer sections vis-a-vis those who are trying to exploit them economically or socially and hence various separate laws have been passed over a period of time by successive Governments. Even they have been felt to be draconian and against human rights and dignity.

(5) The only other class of persons who are at the wrong end of this criminal justice system are those who are on the other side of authority and who are targeted for that reason. For this reason, we find that though various cases are booked against many high and mighty, hardly any of them (with the exception of a Lalu or Sasikala – even the main accused in the Sasikala case did not have to face the ordeal because judgment was kept reserved till her demise) have had to face the final outcome in the case.

In such a scenario, if the existing Penal Code, Evidence Act and Criminal Procedure Code are to be modified, it has to be the concern of each and every citizen because, if not done with enough safeguards they will enable hardening of a Police State and with the already crowded judiciary, justice will become hard to get. There are already numerous cases of Police excesses.  And there is hardly no mechanism to give any compensation to the wronged in such matters.

When the Hon’ble Supreme Court is said to have dismissed a PIL on the above issue on 26.02.2024 with the observations "What is your locus to challenge the three new criminal laws? They are not even in force. Dismissed.:” it gave a sinking feeling. https://www.livelaw.in/top-stories/supreme-court-dismisses-petition-challenging-new-criminal-laws-says-theyre-not-even-in-force-250501?infinitescroll=1

It leaves me wondering why the Hon’ble Court should wait for something wrong to happen  Why should we cry over spilt milk or swallow it as a fiat accompli as it has happened in the cases of Article 370 abolition and ban of internet, Demolition of the Babri masjid even when the matter was pending before the highest Court and when assurances had been given that nothing will happen to the structure, in the case of demonitisation, PM CARES fund and Electoral Bonds, etc?

Are these laws not going to affect every citizen, will they pave way for emergence of a police state and will they put more pressure on the Justice delivery system or not are the questions.  However, do not know who will be competent to delve into these, if not the highest Court of this land, when the Parliament has already passed these laws and when the Government has notified that they will take effect from1.07.2024.

The elaborate discussion on Decoding the new Criminal Laws was in this direction very enlightening and also increases the concerns.  Fundamentally, when corporates can pay the parties to purchase legislators, laws cannot be expected to be made for the common man.  Why should corporates invest to empower the citizens after all?