Justice replaces punishment in the three new criminal laws that came into force today, Union Home Minister Amit Shah has said. Mr Shah, who led the exercise to review the country’s criminal law system, told the media today that 77 years after Independence, the country has a completely ‘swadeshi’ legal system.
With the overhaul of the colonial-era criminal code, an “Indian soul” has been added to the justice system, he said, “The provisions are such they many groups would be benefited. Many sections from the British era have been replaced by sections in sync with today.”
On crimes relating to violence against women, Mr Shah said the new law provides for recording the survivor’s statement at her home and also mentioned an online FIR facility that will shield her from social stigma.
“There was no provision in law for mob lynching case. It has now been defined. This was a longstanding demand. Also, we have completely removed the section of treason and brought a new section for anti-national activities. Earlier, it was a crime to make a statement against the government. Now, a law will provide for action against attempts to harm India’s unity and sovereignty,” he said, sharing the highlights of the new criminal codes.
Mr Shah said the new criminal laws would create a modern legal system. “We have not just imbibed technology, but have pre-empted technological changes that may take place over the next 50 years. I believe this will be the world’s most modern criminal justice system.”
Mr Shah said videography is now mandatory during search and seizure exercises so that no one can be framed. The e-statement of a survivor of rape or sexual harassment is legally valid now, he said.
The new laws, he said, are victim centric. “Earlier, police picked someone up and his family members had to go to court. Now we have made it compulsory to maintain a register and e-register at every police station that will list which criminal is in police custody. So a habeus corpus plea in court won’t be needed,” he said. Searches and raids, he said, would be videographed.
After sharing the highlights of the new criminal codes, Mr Shah proceeded to hit back at Opposition leaders’ remarks on the laws. The main opposition has alleged that the news laws were not properly debated upon and that the legislation related to them was “forcibly” passed in Parliament after 146 Opposition MPs were suspended.
In response, Mr Shah said, “The Lok Sabha debated this for nine hours twenty-nine minutes and 34 members participated. The Rajya Sabha debated it for about 7 hours and 40 members participated.”
“Another lie”, he said, was that the Bills were brought after the mass suspension of MPs. “The Bill was listed beforehand by the business advisory committee. Maybe the Opposition did not want to participate. So they resorted to activities so that presiding officers are compelled to suspend them,” the Home Minister said.
Mr Shah said his ministry had sought suggestions from all MPs, Chief Ministers, Supreme Court and high court judges and bureaucrats on the new laws. “All these suggestions were studied. I chaired 158 meetings to discuss the issue and we came up with a Bill. But the Parliament didn’t clear it just like that. It was sent to the Standing Committee. It was against discussed for three months and members of all parties participated in it,” he said.
Mr Shah said his ministry had sought suggestions from all MPs, Chief Ministers, Supreme Court and high court judges and bureaucrats on the new laws. “All these suggestions were studied. I chaired 158 meetings to discuss the issue and we came up with a Bill. But the Parliament didn’t clear it just like that. It was sent to the Standing Committee. It was against discussed for three months and members of all parties participated in it,” he said.
“Apart from four-five political-style suggestions, every suggestion was imbibed, 93 amendments made and the Bill was cleared by the cabinet again and then tabled it in Parliament. To give a political colour to such an extensive exercise happening after centuries is not right. I appeal to friends in the Opposition, there are many issues for politics, but these laws are an exercise to ensure timely justice and self-respect for 140 crore people. So please cooperate and if anyone has anything to say, my office is open,” he said.
