National News
Parliament proceedings | Lok Sabha passes Bills to replace British-era criminal laws
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.
New Delhi, April 4: Lok Sabha Speaker Om Birla on Friday reprimanded former Congress president Sonia Gandhi over her remarks that the Waqf (Amendment) Bill was bulldozed through the Parliament.
Taking strong objection to her claims of Waqf Bill passed ‘forcefully’ in the House, Om Birla termed the comments as ‘unfortunate’ and said that the allegations by senior Congress member was a violation of the democratic norms of the Parliament.
The Speaker noted that the bill was discussed for 13 hours and 53 minutes, with every party participating in the debate and followed by three rounds of voting but despite that Congress member was making such allegations.
“Three rounds of voting were conducted, and the Bill was passed according to the rules of the House. It is unfortunate that, despite following all the parliamentary procedures, such allegations are being made. This is not in line with the democratic norms of Parliament,” Speaker said.
Om Birla’s objection to Sonia’s claims of Waqf bill ‘bulldozed through’ the Parliament came after Parliamentary Affairs Minister Kiren Rijiju raised the matter in Lok Sabha today.
Rijiju, alluding to Congress RS MP Sonia Gandhi, said that extensive discussions took place in both the Houses over the Waqf bill, still the Opposition was making ‘baseless and absurd’ claims that the bill was passed with force.
He also demanded that the Speaker issues an “appropriate order” in response to these remarks.
Rijiju also highlighted that the Waqf reform debate broke the previous record of longest discussion in the Rajya Sabha.
“The previous record for a long discussion in the Rajya Sabha was during the ESMA (Essential Services Maintenance Act) discussion in 1981, which lasted for 16 hours and 51 minutes. Yesterday, this record was broken with a 17-hour and 2-minute discussion, making it the longest debate so far,” he informed the House.
A day ago, after Lok Sabha passed the Waqf Bill after marathon debate, Sonia Gandhi made her displeasure over the amendments known to party leaders, while addressing the Congress Parliamentary Party (CPP) meet yesterday. She stated that the bill was bulldozed through the House and termed it a brazen assault on the Constitution.
“Yesterday, the Wakf Amendment Bill, 2024 was passed in the Lok Sabha and today it is scheduled to come up in the Rajya Sabha. The bill was in effect bulldozed through. Our party’s position is clear. The Bill is a brazen assault on the Constitution itself,” she said.
New Delhi, April 4: The Waqf (Amendment) Bill was passed by Rajya Sabha in the wee hours of Friday after a marathon debate, involving heated exchanges between the treasury and opposition benches. The Upper House debated the bill for nearly 14 hours and then cleared it with 128 votes in favour and 95 against.
The legislation was earlier cleared by the Lok Sabha after nearly 12 hours debate, with 288 votes in favour and 232 against.
With this, both the Houses have cleared the decks for amendments in the Waqf Bill of 1995 and repealing the Mussalman Wakf Act of 1923.
The next course of action is the Presidential assent for the bill, following which it will turn into a law.
The Bill will be sent to President Droupadi Murmu soon and her approval will pave the way for amending the 1995 laws, governing Waqf properties.
According to a leading portal, the government is expecting a smaller window for the approval, unlike the Citizenship Amendment Act (CAA).
The NDA government, which is projecting the Waqf Amendment Bill as one of key milestone decision in first year of Modi 3.0 is expected to notify it for implementation, soon after getting President’s nod.
Interestingly, one of the major highlights of Rajya Sabha voting last night, was Biju Janata Dal (BJD)’s stand on the contentious bill.
As per the numbers of NDA and INDIA bloc, the bill was expected to sail through in Rajya Sabha but with a lower margin as compared to Lok Sabha. NDA was expected to get support of 123 MPs but ended up securing 128 votes in favour while INDIA bloc ended at 95 (as against expected figure of 98).
Hours before the voting, Naveen Patknaik-led BJD opened the gates for “conscience vote’, telling its 7 MPs that they would not be bound by a whip and could vote for whichever side they wanted.
Some BJD MPs cross-voted in favour of NDA, there bettering its tally than earlier expected. A total of 119 votes was needed for the bill to get through but BJP’s efficient floor management helped it secure 128 votes.
Meanwhile, Congress has stated that it will challenge the constitutionality of the Waqf legislation in the Supreme Court.
“The INC will very soon be challenging in the Supreme Court the constitutionality of the Wakf (Amendment) Bill, 2024,” he wrote in a post on X.
Saharanpur, March 29: Congress lawmaker Imran Masood said on Saturday that not just meat shops, liquor establishments should be shut during the nine-day festival of Navratri and called for embracing and promoting the spirit of brotherhood and communal harmony.
“Everybody is demanding a ban on meat shops during Navratri. Why is no one asking for a ban on liquor shops? Why is there no outpouring on the free flow of liquor during Navratri? Will this not spoil the purity and sanctity of the festival?” Saharanpur MP said in a special interaction with media.
The Congress Parliamentarian said that peaceful celebration supersedes everything, and it is incumbent upon all communities to maintain decorum during festivities and also make certain sacrifices, be it Eid or Navratri.
Notably, Eid-ul-Fitr and Navratri are coinciding on the same day this year. Both festivals are set to fall on Monday, with little possibility of change in the Eid schedule on account of moon sighting.
Days ago, the Congress MP also extended support to the demands of a meat ban during Navratri celebrations. In an apparent message to the Muslim community, he said that nothing would change if one did not eat meat for ten days.
“What matters above everything is the peaceful co-existence of communities. At no point in time, the differences over food preferences lead to communal strife,” Masood told newspersons.
Congress MP, when asked questions on the party’s strategy for the Waqf (Amendment) Bill, said that the Opposition is fully prepared to take on the Centre on “partisan legislation”.
“We opposed the amendments in the JPC meeting, tooth and nail. We will strongly voice our dissent in Parliament too,” he said.
Notably, Union Home Minister Amit Shah said on Friday that the Waqf Bill will not be delayed any further and will be reintroduced in the ongoing session of Parliament.
Only four working days of the Budget Session are left, as it concludes on April 4.
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