'Three Criminal Law Bills Will Establish Permanent Extra-Constitutional Emergency Powers'
On August 11, 2023 the Union Government introduced three new Bills in the Lok Sabha to replace the Indian Penal Code, 1860 (the Bharatiya Nyaya Sanhita Bill) the Indian Evidence Act, 1872 (the Bharatiya Sakshya Adhiniyam Bill) and the Criminal Procedure Code, 1973 (the Bharatiya Nagarik Suraksha Sanhita Bill).
G. Mohan Gopal, advocate in the Supreme Court of India and a legal academician, sits down with The Wire’s Sravasti Dasgupta to discuss the changes being brought through these bills and what they imply for the criminal justice system.
He says that while quantitatively, the bills only change some 20%-25% of the law in the three current statutes; what is crucial and requires very close public attention, are a dozen chilling changes to the law that have the potential to liquidate liberty, decimate democracy and fundamentally change the face of our polity from democratic to authoritarian should the government decide to deploy any or all of these changes to their fullest extent.
Watch:
You can also read G Mohan Gopal’s analysis for The Wire here:
m.thewire.in/article/law/the-...
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Пікірлер: 65
This is eye opening to the public about the new law which are hazardous to Indian democracy and protective to Sangh Pariwar. In the name of justice Govt is enforcing Colonial Justice. It is not constitutional Justice. These bills must be scrapped at first opportunity.
The country is slowly going from Democracy to tyranny. Salute to G. Mohan Gopal sir for raising Voice to protect human rights of the citizens. This bills are draconian in any form.who ever party come to power will definitely misuse this acts. Thanks to Madam for arranging such essential programs for awareness.
We are already in to a semi dystopian society, with passing of these laws, we will be a total dystopian society. We will all be like, cattle chewing cud peacefully.
God help us all
This is beginning of end of democracy in India.
Good reporting sis
@rajeev7898
9 ай бұрын
@@pawanmohod6405You appear too intrlectual by HALF😅
"GOVERNMENT" SHOULD NOT BE CONFUSED WITH THE "PEOPLE WHO ARE IN CHARGE OF THE GOVERNMENT".
Thanks for this wonderful interview
Already we are an authoritarian hovt. One has to call the spade a spade.
DIVIDING THE PEOPLE IN TERMS OF RELIGION IS THE REAL ENDANGERING THE UNITY AND INTEGRITY OF A NATION. BJP EXACTLY DOES THAT JOB.
Selective prosecution in India is based on harassing the opposition party members and not a single criminal action is being taken against the ruling party members even if guilty beyond reasonable doubt. Such cases are either not brought before the courts or the excuse given by the prosecutor is that there is no evidence. Why not use the same modus operandi of ceasing the documents, mobile and laptops and gather evidence similar to the opposition parties?
@baqirhemraj7639
9 ай бұрын
@@sunilkumarhrsme3178 That is what the Modi government wants us to be dead but we should not despair. We should fight for our rights and use our votes to select the government which will consider the interests of all the citizens of India and not select few.
Another Ram Rajya gem from the Hindu Rashtra rule book based on Manusmriti.
What is the solution to this law?
Why CJI not speak about the laws
Significant human rights issues in India include credible reports of the government or its agents conducting extrajudicial killings; torture or cruel, inhuman or degrading treatment or punishment by police and prison officials; political prisoners or detainees; and unjustified arrests or prosecutions of journalists. The Supreme Court on numerous occasions in the past has ruled that raising slogans against the government or criticizing its policies is not sedition. In a 1962 case, the Supreme Court had ruled that a “citizen has a right to say or write whatever he likes about the government”. India is identified by U.S. government agencies, the United Nations, and some nongovernmental organizations as the site of numerous human rights abuses, many of them significant, some seen as perpetrated by agents of state and federal governments.
@vijaykumar6539
9 ай бұрын
Dear what are your suggestions to thwart this on going draconian bills?
@baqirhemraj7639
9 ай бұрын
@@vijaykumar6539 To replace the current government and political power.
Beautifully explained.
A question. Can the government/ruling party present or incoming in 2024 elections push through this proposed Samhita with simple majority in the parliament?
Years ago, we got Rafiq Zakaria (father of Fareed) to stop the RSS from weapons training in a park near National College Bandra, which children used as a football ground. Too old for that now.
Selective prosecution is a dangerous idea and with more power via these new set of proposed tenets, the misuse of selective prosecution also stands to increase. How do these bills pass - via a simple majority or via a 2/3 or 3/4 majority because these relate to the basic civil and criminal code of the country , so as one of the comments above ask, we would be interested in how these actually pass the test of the legislature procedurally. Thanks for the wonderful break down and the analysis by both the anchor and the legal expert Mr Gopal.
This is so scary my god.
India has voted far right. Evidently, new far right legislation will be the result.
@RIJU9285
7 ай бұрын
Exactly
Emergency powers allow the government to introduce measures that may affect fundamental rights, such as the right to liberty. These measures can only be introduced in exceptional circumstances and should be temporary in nature. Unlawful Activities (Prevention) Act, 1967: The UAPA of 1967 allows law enforcement agencies to act against individuals as well as organisations engaged in unlawful activities, inclusive of terrorism. G. Mohamn Gopal had stated earlier in 2018 that the credibility of the Supreme Court as an independent institution suffers erosion, with the office of the Chief Justice of India coming under a cloud. CJI D Y Chandrachud and his colleagues at the Supreme Court are trying their level best to ensure that the provisions of the Constitution are upheld and that democracy and justice prevail in India. But the question is; Is the SC fighting a losing battle, only time will tell.
@vijaykumar6539
9 ай бұрын
Your useless marathon reply doesn't disclose any substantive remedy for the problem except repeating the helplessness.
@baqirhemraj7639
9 ай бұрын
@@vijaykumar6539 Do you have any remedy, let us hear about it?
End game is - There is none! aka #RangaBilla not gonna let go stolen Delhi Takhat until they die and in fact they think they would n't die! Look @ DNA of Gujjus - Both their Mamas Not yet dead just like Ranga is Not still (wish he was already) while he still get to plaster his name on the BCCI stadium - one more gift from Billa to him just like Suparuis on Harin Pandya in Gujrat, Mr Patel (Congress prospect for southern State) and Tulsiday, another name I came to know from yesterday.
28:41; This reinforces the fact that india continues to remain colonised by the bammanical forces and independence from british rule hasn’t changed much …
How should we resist it? By doing people's movement. But for vast majority of citizens, who are marginal, It is already police state, as they are harassed by police daily because of draconian law. Hence, it is very difficult to raise consciousness about Lebarty and personal rights in people. Also why would they do it, India's ellite never raise concerns about draconian laws which is not being applied to them but to marginal people.
USA currency is top due to export of the weapons in the world is good for the welfare of the people???!!!!
Nice if he
War is near and definite...
DON'T DO CRIME GO TO JAIL GOOD GOVERNANCE GOVERNMENT
First up all no laws passed..it was just placed on the table of both the houses.of parliament..Delbertion, discussion, sending back to parliament standing committee , ALL THESE PROSESS ARE TO BE DONE .CAN'T UNDERSTAND.WHY SOME PEOPLE HAVE BEEN WORKING OUT AGAINST ANY NEW INITIATIVES THAT WILL HAVE BE GREAT OPPORTUNITY FOR THE COMMON CITIZENS...AS USUAL ANY ONE CAN DARE WITH PUTTING P I L IN COURT OF LAW
@redroish
9 ай бұрын
The Wire is funded by CIA. They are paid to topple the Indian government.
Internal war is more potent and dangerous
VOTE FOR BJP ALL BILLS ARE BEEN RECTIFIED OR BENDED FOR GOOD OF PUBLIC SEE VIKAS AND ACHE DIN VOTE FOR BJP
Is there a better way to deal with foreign paid Desh Drohi and Gaddar media?
Teri maa ki
British Laws deserve Replacement.
@inderdevsingh3057
9 ай бұрын
There should not be blind replacement of British Laws. You can't condemn the British Laws in a biased way ; your view is based on Religious Considerations.
@UnlimitedTruth786
9 ай бұрын
@@inderdevsingh3057 Archaic British Laws have lost merit as types of crime and evidences changed drastically over time. Your view is blind, universally biased and unscientific.
@vijaykumar6539
9 ай бұрын
But not in more draconian form!
@UnlimitedTruth786
9 ай бұрын
@@vijaykumar6539 How many times CrPC, IPC and Evidence Act were Amended ? How many Sections of Law are already Repealed ? Why repeated Criminal Law Amendment Acts are passed almost on regular basis ? Why conviction rate is so poor ? Why Procedural Law is so complex ? Laws of 1860 vintage never anticipated Crimes like Cyber Crime where Digital Evidences are key factors. For all laws, civil or criminal, Evidence Act is Common. Draconian Offence like Sedition finds no place in new Bills. Comments for the sake of comments are baloney and Poppycock.
India on its way to becoming a Hindu Rashtra Hindu Pakistan On its downward journey from a Democracy to a Hindu Theocratic State
This guy speak more about RSS than the law. This makes people to ignore their genuine opinion on other topics.Self imposed irrelevance.
@123xyzabccba
9 ай бұрын
because RSS is the brain behind these undemocratic and anti fundamentalist proposed jurisprudence …
Very much needed laws. Things are chaotic and people have become used to loose laws
@vijaykumar6539
9 ай бұрын
Only RSS people and BJP stooges who believe in fascism can welcome such draconian bills. Shame on you. You people are a black spot on our glorious history. People would never forgive you for crimes you have been perpetrating on innocent people of india through abuse of power.
@obhush
9 ай бұрын
When you get falsely accused and arrested under these type of laws, only then you will realize. Jurisprudence requires that innocent people are not prosecuted under any circumstances (even if it means that guilty people are spared). There can be no room for collateral damage in the criminal justice system. No doubt changes are needed, but not to give effect to Sanghi ideology, remove safeguards, punish people prior to conviction by bringing back the brutal colonial past.
@vijaykumar6539
9 ай бұрын
@@obhush well said. Proper, just and fair understanding is a rare quality and is found in few people like you.
❤❤❤very well explained ❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤❤
@vijaykumar6539
9 ай бұрын
What rot has been disclosed by the learned lawyer/ legal Academician in the proposed laws is acceptable to you? If not then react accordingly.