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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.

Mumbai Press Exclusive News

“Seerat-un-Nabi (PBUH) and Unity of the Ummah” conference at Mira Road… More than 3500 participants attended this historic conference

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Mira Road: A grand and grand conference titled “Seerat-un-Nabi ﷺ and Unity of the Ummah” organized by Jamaat-e-Islami Hind Mira Road was held at NH School Ground, in which the extraordinary participation of more than 3500 men and women made it a historic gathering.

The opening remarks were delivered by Dr. Tariq Shah (Ameer of Local Jamaat-e-Islami Hind, Mira Road) and it was made clear that the main objective of the conference is to promote unity and solidarity in the Muslim Ummah, to build Islamic character in the light of the Seerat-e-Nabvi ﷺ, and to strengthen the struggle for the revival of the Prophetic mission in the society. He also explained the activities, subsidiary organizations and projects of Jamaat-e-Islami. He said that the main objective of this gathering is to bring the Ummah together at one center in the light of the Seerat-e-Nabvi ﷺ and to strengthen the struggle for positive change in the society.

The presidential address was delivered by Maulana Waliullah Saeedi Falahi, Vice President of Jamaat-e-Islami Hind, which was greatly appreciated by the audience. Maulana said in his address that the success of the Ummah lies in the complete adherence to the Seerat-e-Prophet (peace be upon him). If Muslims adopt the morals, justice, and wisdom of the Holy Prophet (peace be upon him), then society can become a cradle of peace and justice. He guided in the light of the Seerat-e-Prophet (peace be upon him) and said that religion commands us to be just, honest, and serve the people, and these qualities form the foundation of a strong nation and a developed society.

The general address was delivered by Ameer-e-Halqa of Jamaat-e-Islami Hind Maharashtra Maulana Ilyas Khan Falahi, Nazim City Jamaat-e-Islami Hind Mumbai Mr. Rashid Khan, Mohtamam Darul Uloom Azizia Maulana Abdullah Qasmi, Imam Haideri Mosque Syed Hassan Imam, and political leader Syed Muzaffar Hussain.

Other speakers shed comprehensive light on important topics such as the role of Muslims in the development and progress of the country, the strength of the family system, the active role of women in Islamic movements, and the mission of the Holy Prophet (peace and blessings of Allah be upon him)—propagating the message of religion and forming the best moral character. Finally, the conference in-charge Atta-ul-Haq specially thanked all the participants, social and religious leaders, the public, and the organizational departments—SIO, GIO, and Youth Movement—for their services.
The gathering ended with a heartfelt prayer by Maulana Zakaria Sahib.

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National News

Virat Kohli and Rohit Sharma show will continue: Dale Steyn

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New Delhi, Dec 2: Former South Africa cricketer Dale Steyn believes Virat Kohli and Rohit Sharma’s show will continue in the ongoing ODI series ahead of the second ODI on Wednesday in Raipur.

At the JSCA International Stadium Complex in Ranchi, India overcame a scare and easily defeated South Africa in a closely contested match to win the first ODI by 17 runs and take a 1-0 lead in the three-match series.

Speaking on the expectations from the second ODI, JioStar expert Dale Steyn said: “I think the Virat Kohli and Rohit Sharma show will continue. I’m eager to see which fast bowlers, and which spinners, come out and do something interesting.”

India put up a commanding first innings total, driven by a brilliant century from Virat Kohli and critical fifties from Rohit Sharma and K.L. Rahul following the early setback as India amassed a mammoth 398/8 in 50 overs. Later in the game, Kuldeep Yadav 4/68 and Harshit Rana 3/65 helped India beat the visitors by 17 runs.

The experienced pair of Rohit and Virat stitched together a fluent 136-run stand, taking the pressure off after the early setback. Rohit reached a brisk 57 off 51 balls and broke Shahid Afridi’s long-standing record for most ODI sixes before Marco Jansen trapped him lbw.

In the meantime, Kohli carried on unhindered, reaching his 83rd international century and 52nd ODI century. He advanced fast after reaching three figures, taking on Prenelan Subrayen with two fours and two sixes.

Rahul offered excellent support with a well-paced 60, adding 76 important runs with Kohli. After Kohli’s removal for 135, Rahul and Ravindra Jadeja pushed India towards a huge finish with a 65-run partnership. But a late mini-collapse that included wickets from Corbin Bosch and Jansen limited India to 349/8.

Steyn emphasised the importance of wicket-keeper batter Quinton de Kock’s role and expects a big knock from him. “It’s been a batter’s paradise so far, so which bowlers will step up and really perform in the second ODI? Quinton de Kock didn’t score any runs in the first ODI, but I feel like he has a point to prove. He’s someone South Africa will lean on to score big for them.”

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Crime

Navi Mumbai Crime: Anti-Human Trafficking Unit Busts Prostitution Racket At Vashi Spa; 6 Women Rescued, Manager Arrested

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Navi Mumbai, Dec 02: Navi Mumbai Police’s Anti-Human Trafficking Unit (AHTU) on Saturday busted a prostitution racket operating under the guise of massage services at Arpana’s Salon & Spa in Sector 11, Juhugaon, Vashi, rescuing six women from the premises. The spa’s manager, Asima Robin Ghosh (34), was arrested, while her partner, Noor Alam Shaikh, remains absconding.

According to police, the spa was allegedly charging Rs 6,000 per customer and coercing women into prostitution. Acting on specific information, the AHTU deployed a decoy customer on November 30 to verify the operations.

Once the illegal activities were confirmed, a team led by Senior Police Inspector Prithviraj Ghorpade, along with API Yogesh Deshmukh, PSI Sarita Gude and other personnel, conducted a swift raid on the establishment.

During the operation, officers found six women who revealed they were being forced into sex work under the guise of providing massage services. Based on their statements, police registered a case against Ghosh and Shaikh under BNS Section 143(3) and Sections 3, 4, 7 and 7(1) of the Immoral Traffic (Prevention) Act, 1956.

“We will continue to crack down on establishments exploiting women under the pretext of spa and massage services. Action will be taken against all those involved, including the absconding accused,” said Senior PI Prithviraj Ghorpade.

Ghosh has been remanded to police custody till December 4, and the search for Noor Alam Shaikh is underway, officials added.

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