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Parliament proceedings | Lok Sabha passes Bills to replace British-era criminal laws

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The Lok Sabha on Wednesday passed three amended Bills that seek to repeal and replace criminal laws which date back to colonial times. This criminal law reform brings terrorism offences into a general crime law for the first time, drops the crime of sedition, and makes mob lynching punishable by death.

The Bharatiya Nyaya (Second) Sanhita Bill (BNSS) will replace the Indian Penal Code, 1860; the Bharatiya Sakshya (Second) Bill (BSS) will replace the Indian Evidence Act, 1872; and the Bharatiya Nagarik Suraksha (Second) Sanhita Bill (BNSSS) will replace the Code of Criminal Procedure, 1898. All three were discussed and passed with a voice-vote, in the absence of the majority of Opposition members from INDIA bloc parties, as 97 of them have been suspended during this session.

Home Minister Amit Shah said that the three Bills stressed justice rather than punishment, and have been designed to last for the next century, keeping technological advancements in mind. “This is a pure Indian law after removing all the British imprints. As long as we are in power, we cannot become a police State,” the Minister said.He moved an amendment to the BNSS, which will exclude doctors from criminal prosecution for death due to medical negligence, and will make hit-and-run accident cases punishable by ten years imprisonment.

‘No sympathy for terrorists’

Noting that more than one lakh people have been killed in terror attacks across the country over the past 75 years, Mr. Shah said that the BNSS had, for the first time, defined terrorism and included it as a separate category in the general crime law.

Also read | The Bharatiya Nyaya Sanhita needs a relook

“Some members pointed out that UAPA [the Unlawful Activities Prevention Act] already exists. But in places where they were in power, they never invoked UAPA and those who committed acts of terrorism escaped under the provisions of general law,” Mr. Shah said. “We have shut the doors for such people to escape punishment by including terrorism in the criminal law. Terrorism is the biggest enemy of human rights. Such people should get the harshest of punishment. This is not Congress or British rule, how can you defend terrorists?” he asked.

Mr. Shah insisted that there was no scope for misuse of the terror provisions in the BNSS, but claimed that there was undue fear which made some Opposition MPs oppose the laws. “I insist that this fear should persist. There should be no sympathy for people who commit terrorist acts,” he said.

Earlier in the debate, Shiromani Akali Dal (SAD) leader Harsimrat Kaur Badal, while speaking about Punjabi youth who took to militancy swayed by emotions, claimed that the two men who had jumped inside the Lok Sabha chamber on December 13 had also been affected by their emotions on the issues of unemployment, Manipur violence, and farmers’ rights. The two men, along with four associates, have been booked under UAPA, among other charges. The SAD leader also flagged the absence of a majority of the Opposition members, saying that key Bills should not be passed in such a manner.

Rajdroha vs deshdroha

The Home Minister said that sedition has been repealed in the new law. “We have replaced an individual with the country. Rajdroha (sedition or offence against the government) has been replaced with deshdroha (offence against the nation or country). Gandhi, Tilak, Patel all went to jail under this particular British law, yet it was never scrapped by the Opposition when they were in power. It continued all these years,” he said.

“[AIMIM MP Asaduddin] Owaisi ji is thinking that we have merely changed the name of sedition. I want to say that this is an independent country. Nobody will be sent to jail for criticising the government, but you cannot say anything against the country or do anything against the interests of the country. If you harm the flag or the property of the country, you will be sent to jail,” Mr. Shah said.

Also read |Revised criminal law bills: Key changes explained

‘Muslims, Dalits will be hurt’

Earlier, Mr. Owaisi said that the new laws would impact minority and underprivileged communities the most, adding that they did not have any safeguards against police excess and fabricated evidence. “Most undertrial prisoners are Adivasi, Dalits and Muslims. The conviction rate of Muslim inmates is 16% and their population is 14%. As many as 30% detenues in jails are Muslims. 76% backward class, Dalits and religious minorities are on death-row. You are reforming [the law] for the powerful; this will not benefit the poor,” Mr. Owaisi said.

He pointed out that Clause 187 of the BNSSS permits police custody of up to 90 days, as against the 15-day custody allowed till now. The law also prevents any third party from filing mercy petitions on behalf of convicts on death-row.

Mr. Owaisi added that it was an irony that people accused of terror charges themselves were also speaking in Parliament on the Bill. The BJP MP from Bhopal, Pragya Singh Thakur, faces charges under UAPA, with regard to her alleged involvement in the 2008 Malegaon blast where six people were killed. She spoke during the debate on the Bill, claiming that the British-era laws had been misused to torture her in police custody for 13 days.

‘Definition of terror is too broad’

Krishna Devarayalu Lavu of the YSR Congress also objected to the clause permitting 90 days of police custody. He noted that recently, three contentious farm laws had been withdrawn after farmers staged a peaceful protest. “They protested so their rights can be taken care of. If you invoke sections pertaining to attack on sovereignty of the country, it does not make any sense. The definition of terrorist acts is too broad,” the YSR Congress MP said.

Mr. Shah, however, insisted that the total police custody would only be 15 days. “If, after the first seven days of police questioning, someone gets admitted in hospital, the person will have to appear before the police for another eight days after recovering or getting discharged. Meanwhile, courts can also grant bail,” he said.

International News

Bangladesh High Court orders high-level probe into power deals with Adani group amid supply cuts

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Bangladesh’s High Court ordered the formation of a high-level enquiry committee comprising international energy and law experts to reevaluate all electricity-related agreements with the Adani group, The Business Standard, a local news portal, reported on Tuesday, November 19.

The bench of Justices Farah Mahbub and Debasish Roy Chowdhury has reportedly ordered the cabinet secretary to form the committee within a month and submit the report to the court in the next two months. 

Adani Power shares closed 0.47 per cent lower at ₹524.10 on Tuesday’, compared to ₹526.60 at the previous market close. 

The court, while hearing a petition, asked why instructions should not be given to cancel the uneven agreements made with the Adani group. It also asked for the documents related to the signing of the deal within a month.

Barrister M Abdul Qayyum, representing the petitioner, filed the writ in the High Court asking for the cancellation of all electricity deals with Adani group. Adani signed the 25-year power purchase agreement in 2017; at that time, no imported coal-based power plants were operational in Bangladesh, as per the report.

Adani’s Bangladesh power supply

Adani group’s Bangladesh power is supplied from Jharkhand’s 1,600 MW power plant. The cost of power is $0.1008 per unit or Tk12 per unit, a Bangladesh Power Development Board official was quoted as saying in the report.

This rate is 27 per cent higher than the rate of India’s other private producers and as much as 63 per cent more than the Indian state-owned plants. 

After Adani Power cut the Bangladesh power supply by half over the unpaid dues, the company also set a deadline of November 7 to switch off the flow of electricity if there was no clarity on the settlement of the outstanding amount.

Bangladesh reportedly owes Adani almost $850 million. Adani group later clarified that it had not demanded the full payment in seven days, as per the report.

Shortage of Power

Bangladesh continues to face a shortage of electricity, increasing the risk of blackouts, even after making a partial payment to Adani group, according to a Bloomberg report on Tuesday. 

Adani Power has received a letter of credit for $170 million, easing pressures from lenders, reported the agency, citing two people aware of the development. The partial payment doesn’t resolve the crisis, but the company won’t halt supplies for now, pending talks with the lenders of the Godda thermal plant in Jharkhand, the officials said. 

“Payments should have been made by this time,” Ahsan H Mansur, governor of Bangladesh Bank, said in a phone interview on Friday as per the report. The central bank “issued an instruction for the payment”, Mansur had said earlier this week.

The Adani electric supply accounts for nearly 10 per cent of Bengladesh’s total supply. The power company reduced its supply further to 500 megawatts on Thursday after cutting it to 700 megawatts earlier, as per the data collected from Power Grid Bangladesh cited in the news report.

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National News

Chhattisgarh: 5 Maoists Killed, 2 Jawans Injured In Narayanpur Encounter; Visuals Surface

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Narayanpur: In a major anti-Maoist operation, at least five Maoists were killed during a fierce encounter with security forces in the dense forests of the Abujhmad region in Chhattisgarh Narayanpur district on Saturday.

The gunfight took place after security personnel received reports about the presence of Maoists in the area.

According to officials, a joint team of security forces launched a search operation early Saturday morning. Around 6 a.m., the forces came under heavy fire, leading to an intense gunfight that lasted nearly five hours.

Statement Of One Of The Jawans

One of the jawan, part of the searching team, said that approximately 20 Maoists were present there, with at least five of them killed during the encounter.

“We were a team of 1,439 personnel deployed in the search operation. The encounter lasted until around 11 a.m., during which several Maoists were also injured. I came back but the search operation is still going on to capture the remaining Maoists,” he said.

2 Security Personnel Injured

During the operation, two security personnel sustained injuries. One of them, identified as Khileshwar Gawade, suffered bullet wounds in the head and right hand, while the other, Hiraman Yadav, was hit in the thigh. Both injured personnel were immediately evacuated and airlifted to Raipur for further medical treatment. Officials have assured that their condition is stable.

Security personnel have so far recovered the bodies of five Maoists, along with some weapons. The process of identifying the dead Maoists is underway.

About Abujhmad Region

The Abujhmad region, which borders Maharashtra’s Gadchiroli district, is known for being a hotbed of Maoist activity. Just last month, security forces achieved an important victory by neutralising 31 Maoists in one of the most successful operations in Chhattisgarh’s history.

On the rising success of such operations, Inspector General of Police, Bastar Range, Sundarraj P., had, last week said that a total of 192 Maoists have been killed this year alone. Authorities believe that sustained pressure from security forces is gradually weakening the insurgents’ grip in the region.

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National News

Congress President Mallikarjun Kharge Slams BJP Over Infiltrator Issue In Jharkhand, Says ‘Ghuspetiya Andar Aa Rahe Aur Shah Sahab So Rahe’

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Jamtara (Jharkhand): As the BJP constantly evoked the issue of infiltration in Jharkhand, Congress President Mallikarjun Kharge said on Saturday that the BJP is scaring everyone in the name of infiltrators and when there is their government in the Centre, why can’t they stop it?

Addressing a public rally in Jharkhand’s Jamtara, Kharge said, “They (BJP) are scaring us in the name of infiltrators. You are in the central government, you are the Prime Minister, you are the home minister, then from where did the infiltrators enter?”

“Ghuspetiya andar aa rahe aur Shah Sahab so rahe,” he added.

He further said that the BJP only knows how to divide.

“When you can stop our helicopters, why can’t you stop infiltrators? They don’t know how to run the government. They only know how to divide. They have raised the matter of infiltrators in the elections and they are making people afraid of this. People are being incited in this way. This won’t work. Now people have understood you,” Kharge added.

About The Chopper Issue

The Congress Chief further targeted the BJP after party MP Rahul Gandhi’s chopper was delayed on Friday and said that today, his chopper was also delayed.

“Rahul Gandhi also did meetings here. We don’t know what problem does BJP has with us. When we want to come our helicopter gets stopped. Yesterday Rahul Gandh’s helicopter was denied permission to fly. Today Shah was coming here so I was stopped today for 20 minutes. His path was different and my path was different. Modiji comes in every way of ours,” Mallikarjun Kharge said.

Congress President Targets BJP Star Campaigners In Jharkhand

Sharpening his attacks further, Kharge targeted BJP star campaigners in Jharkhand and said that they all have gathered like a “war” is going on.

“In Jharkhand helicopters are flying like vultures. Did they come when anyone was in need here.? Some Chief Minister from Assam, Madhya Pradesh, all have gathered like a war is going on. This is battle of democracy where people participate and leaders have no role,” he said.

Voting for the first phase of the Jharkhand assembly elections concluded on November 13, with voting taking place in 43 out of the state’s 81 seats.

Elections on the remaining 38 seats will be conducted on November 20. The counting will be held on November 23.

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