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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.

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Bihar flood situation: Samrat Choudhary, Nitish Kumar review rising Ganga levels in Patna

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Patna, Sep 3: Amid the continuously rising water level of the Ganga and the growing threat of flooding in Bihar, Chief Minister Samrat Choudhary inspected the river on Thursday and reviewed the situation.

He assessed the rising water levels and issued necessary directions to officials, instructing them to ensure that people face minimal inconvenience and that all precautionary measures are completed in advance to protect lives and property.

Former Chief Minister Nitish Kumar also toured Patna and adjoining areas on Thursday to assess the flood situation.

He visited JP Setu to inspect the rising water level and flow of the Ganga before travelling to Saran to assess the river’s condition there.

Nitish Kumar also visited the six-lane bridge over the Ganga connecting Patna and Raghopur, where he reviewed the river’s flow and water level.

JD(U) National Working President, Sanjay Jha, accompanied him during the inspection.

Speaking to reporters, Sanjay Jha said water levels in most of Bihar’s major rivers, including the Ganga, had risen rapidly.

He attributed the situation partly to heavy rainfall and flooding in Nepal, which has increased the flow of rivers entering Bihar.

Jha said the state government had taken precautionary measures after receiving information about the surge in water from Nepal, which had helped prevent major loss of life and property so far.

He credited the proactive efforts of Chief Minister Samrat Choudhary and the Water Resources Department for taking timely measures to deal with the situation.

Jha said Nitish Kumar was concerned about the rising level of the Ganga and, therefore, personally reviewed the situation in Patna.

He noted that the river’s water level had surpassed the Highest Flood Level (HFL) recorded in Patna in 2016.

Despite the rise, Jha said Patna had experienced comparatively less disruption because water management and protection measures in areas falling within the river’s flow path had been strengthened over the past several years.

Meanwhile, Deputy Chief Minister Vijay Kumar Chaudhary conducted a high-level review of Bihar’s flood situation through video conferencing from the Water Resources Department’s Command and Control Centre.

During the review, he assessed river water levels and reports of cracks, damage and breaches in embankments across different districts.

He directed officials to remain on alert day and night and ensure immediate action in vulnerable areas.

The situation involving the Punpun and Dardha rivers in South Bihar was also reviewed.

Vijay Kumar Chaudhary said the rising Ganga had resulted in breaches at several locations in Bhagalpur and triggered rapid erosion along the riverbank, creating a serious situation in the district.

Water Resources Department teams have been deployed extensively in Bhagalpur and other vulnerable areas to control the situation.

Emergency measures are being undertaken to strengthen embankments, including the deployment of mega geo-bags with the assistance of steamers to counter strong currents and erosion.

Officials and engineers from the Water Resources Department have been stationed directly at vulnerable embankments to oversee protection work.

At the same time, river and embankment conditions across Bihar are being monitored in real time from the Command and Control Centre in Patna to facilitate an immediate response to emergencies.

Vijay Kumar Chaudhary warned that the flood season would continue and that the threat could persist until early October.

He said the next one to one-and-a-half months would remain particularly challenging for the Water Resources Department and the state government.

According to data recorded on the morning of September 3, the Ganga was flowing above the danger mark at several locations in Patna and surrounding areas.

At Gandhi Ghat, the river was recorded at 49.71 metres, against a danger mark of 48.60 metres, putting it around 1.11 metres above the danger level.

At Hathidah in Mokama, the water level reached 42.96 metres, compared with a danger mark of 41.76 metres.

The river was, therefore, around 1.20 metres above the danger mark at Hathidah.

The water level at Digha Ghat was recorded at 51.60 metres. Another figure of 50.21 metres was also reported for Gandhi Ghat, although the latest official reading should be treated as the authoritative figure.

The Disaster Management Department has issued an alert in view of the rising Ganga.

According to forecasts from the Water Resources Department, the river at Gandhi Ghat could cross the Highest Flood Level on Thursday night.

Similarly, the Ganga at Hathidah in Mokama is expected to cross the HFL by the afternoon of September 4.

The administration has, therefore, been directed to remain fully prepared and exercise special caution in riverside and low-lying areas.

Residents of vulnerable areas in Bhojpur, Patna, Saran, Vaishali, Nalanda, Begusarai, Lakhisarai and Jehanabad have been urged to remain alert and follow all instructions issued by the administration.

The Disaster Management Department has appealed to people not to take unnecessary risks near rivers and to cooperate with officials in the event of evacuation or other emergency measures.

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Telangana BJP chief detained during protest at state Secretariat

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Hyderabad, Sep 3: Telangana BJP president Ramchander Rao and several senior party leaders were detained by Hyderabad Police on Thursday while attempting to stage a protest at the Telangana State Secretariat over pending student fee reimbursement dues.

The BJP leaders had sought permission to enter the Secretariat and submit a representation to Chief Minister Revanth Reddy, demanding the release of pending fee reimbursement funds for students.

However, police stopped the protesters, including activists of the Bharatiya Janata Yuva Morcha (BJYM), at the Secretariat’s main gate. The leaders insisted on meeting the Chief Minister and entering the premises, but security personnel denied permission.

As the protesters refused to disperse, some allegedly attempted to scale the closed gate, leading to a brief scuffle with security personnel. Police subsequently detained Ramchander Rao, BJP Legislature Party leader Aleti Maheshwar Reddy, MP D.K. Aruna and several others.

While Ramchander Rao was shifted to Chikkadpally Police Station, D.K. Aruna was taken to Gandhi Nagar Police Station.

Reacting to his detention, Ramchander Rao said the BJP would continue its agitation until all pending dues are released. In a post on X, he alleged that the Congress government had “arrested the voice of 40 lakh students” awaiting fee reimbursement and vowed to continue the fight for their rights.

In another post, the Telangana BJP chief claimed that around 40 lakh students had been adversely affected due to the non-release of pending fee reimbursement dues, which he pegged at Rs 15,000 crore. He said he had earlier undertaken a hunger strike, written to the Chief Minister and collected eight lakh signatures from students seeking the clearance of the dues.

According to the BJP leader, he had sought an appointment with the Chief Minister through a letter dated August 31 to submit representations from students. However, after receiving no response, he and other party leaders proceeded to the Secretariat and launched the protest when they were denied entry.

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‘Handled Op Sindoor, will bring transparency’: BJP on Jeetendra Mishra’s appointment as Ram Mandir Trust CEO

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New Delhi, Sep 3: Following the appointment of Air Marshal Jeetendra Mishra (Retd.) as the CEO of the Shri Ram Janmabhoomi Teerth Kshetra Trust, BJP on Thursday welcomed the decision, while some opposition leaders raised concerns over transparency, accountability and alleged irregularities.

BJP spokesperson R.P. Singh congratulated Mishra on his appointment and said that he had played a significant role in Operation Sindoor and secured victory for India.

“Congratulations to Jeetendra Mishra. Jeetendra Mishra ji led Operation Sindoor and secured victory for India. We expect that he will handle this new responsibility in the same manner and also bring transparency here,” he told media.

BJP MLA Ram Kadam said the Ram Mandir is a place of faith and reverence for crores of Hindu devotees and followers of Lord Ram. He said the temple represents the successful culmination of a 500-year-long struggle and wait.

Kadam said, “The Ram Mandir is a place of faith and reverence for crores of Hindu devotees and followers of Lord Ram. It represents the successful culmination of a 500-year-long struggle and wait. Over 6,000 applications were received for the CEO position, and the selection process sought an individual who embodies a blend of faith in Hinduism and patriotism. Mishra, who has been appointed, played a significant role in Operation Sindoor.”

BJP MP Santosh Pandey said, “Certainly, we are proud that such a patriotic and honest person, who dedicated 43 years of his life to serving the motherland, has been appointed. With complete dedication, he boosted the morale of the Army and successfully carried out Operation Sindoor. It was a successful operation, and it was praised globally.”

BJP National Spokesperson Guru Prakash Paswan said the Shri Ram Janmabhoomi Teerth Kshetra Trust is an autonomous and independent institution and has its own rules regarding appointments.

“It is a trust, and the trust has its own rules. It is an autonomous and independent institution, and any person can be appointed to the trust. I remember that the late Kameshwar Chaupal from Bihar was also part of that trust,” Paswan said.

BJP West Bengal President Samik Bhattacharya said Mishra would oversee the grand construction of the Ram Temple and ensure that the work is carried out properly.

“Jeetendra Mishra is presenting the grand construction of the Ram Temple before the country and will oversee it properly,” Bhattacharya said.

Chhattisgarh Minister Shyam Bihari Jaiswal described Mishra’s appointment as a matter of great coincidence and good fortune, highlighting his association with Operation Sindoor and his stature as a capable officer.

“Look, it is a matter of great coincidence and good fortune for all of us that retired Air Marshal Jeetendra Mishra, who was also a part of Operation Sindoor, and such a capable person is being appointed as the CEO of the Ram Temple Trust. He holds a prominent stature not only nationally but also in the global arena,” Jaiswal said.

He further said that Mishra’s appointment would help ensure that such incidents as those witnessed in the past would not occur again.

“I feel that, given the incidents that took place in the past, no one will even be able to think about such incidents occurring again,” he added.

Uttar Pradesh Minister Narendra Kashyap said, “I think the decision of the Trust to appoint Jeetendra Mishra as the CEO is better. Because a person who has played a major role in ‘Operation Sindoor’ is certainly a patriot, a nationalist, and someone who works for the country. So, in my view, handing over the command to such a person is a better decision.”

JD(U) National General Secretary Shyam Rajak also welcomed the appointment, saying that replacing officials when irregularities are reported can be a step towards improving the functioning of an institution.

“When there are irregularities, people are removed, and new individuals are brought in for the better. So, a new CEO has been appointed. He is an honest officer who played a role in Operation Sindoor. A military officer of this caliber has been made the CEO; it is a good move. This should be appreciated, and a close watch should be kept on everything,” Rajak said.

Former BJP MP Brij Bhushan Sharan Singh said Mishra had performed well during Operation Sindoor but cautioned that the responsibilities of the new position would be different.

“As has been said, he worked during Operation Sindoor and did a good job. But the situation here is different. There are hidden enemies here, so some caution will have to be exercised,” Singh said.

Samajwadi Party MP Ramashankar Rajbhar welcomed Mishra’s appointment, noting that the former Air Marshal is from Bhopatpura village in the Bhatpar Rani Assembly constituency, which falls within his parliamentary constituency.

“Jeetendra Mishra is from Bhopatpura village in the Bhatpar Rani Assembly constituency of my parliamentary constituency, and he has been given a major challenge. I welcome him,” Rajbhar said.

However, he alleged that officers in the state face pressure from the government and said that this would make the CEO’s new responsibility particularly challenging.

“In a state where IAS and IPS officers are unable to work freely, the government puts pressure on them, and officers are resigning due to that pressure; this is a major challenge for the CEO,” he said.

Rajbhar also raised concerns over alleged irregularities surrounding the Ram Temple, saying devotees and saints in Ayodhya had raised concerns, especially the alleged theft of offerings and incidents allegedly being suppressed for months.

“Crores of Hindus across the country and all the saints and seers of Ayodhya who revere Lord Ram have raised concerns… An SIT was formed by the UP government and another at the national level,” he said.

He expressed hope that Mishra would protect the temple’s funds and work independently.

“Now that he has become CEO, I wish him well. May he serve Lord Ram and protect Ram’s funds so that no one can loot them. He can meet this challenge only by refusing to bow to pressure from those in power. Only by removing the pressure that the authorities are under can anyone truly serve Lord Ram, the embodiment of righteousness,” Rajbhar said.

Congress MLA Nana Patole, meanwhile, criticised the appointment and alleged that saints had expressed reservations about the manner in which the Ram Temple’s affairs were being handled.

“Saints have insisted that this work belongs to the saints. Some saints are not even willing to accept it as the Ram Temple; saints have started saying that this has become a site of looting for the BJP and RSS,” Patole said.

He alleged that the government had a responsibility to respect saints and religion, while accusing the BJP and RSS of exploiting people’s faith in the Ram Temple.

“Therefore, respecting saints and religion is the government’s responsibility. However, the RSS and BJP just want to exploit people’s faith in the Ram Temple and loot their money, and the government is protecting them,” he added.

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