CHENNAI: Villupuram MP and VCK general secretary D Ravikumar petitioned Minister of State for Law and Justice Arjun Ram Meghwal regarding the implementation of amended criminal laws and pointed out that none of the laws address the issues mentioned in the Law Commission’s 277th report on compensation for those maliciously prosecuted and several other salient recommendations.
The implementation of the three new criminal laws – Bharatiya Nagarik Suraksha Sanhita 2023, the Bharatiya Nyaya Sanhita 2023, and the Bharatiya Sakshya Adhiniyam 2023 – that will come into effect from July 1, replacing the Indian Penal Code 1860, the Indian Evidence Act 1872 and the Code of Criminal Procedure 1973. “Many provisions in these new laws have been reformulated and reworded, resulting in significant departures from the original statutes,” Ravikumar said in his petition to the minister on June 22.
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Scrutinising the new laws, it becomes apparent that the term ‘Decolonization’ serves more as a rhetorical flourish than a substantive agenda. Renaming codes in Hindi and making minor amendments belie the deeper reforms needed to align the legal framework with constitutional principles, he said.
Highlighting the non-addressal of key issues, Ravikumar said the new criminal laws address “none of the issues mentioned in the Law Commission’s 277th report” on the recommendation for those maliciously prosecuted. “It does not address encounters, disappearances, mass crimes, or crimes against humanity. The new laws fail to address the real issues where human rights violations are taking place with impunity in our country,” he said alluding to the gross violation of human rights and indiscriminate violence against women, children, and marginalised sections of the society in northern parts of the country.
He also criticised the Union Government for failing to bring “meaningful reform” and said the new laws need a more comprehensive approach to address systemic flaws and uphold the principles of justice and accountability.
The VCK leader also recalled recalling the transporters and drivers strike across the nation over the legal provision of the Bharatiya Nyaya Sanhita that provides for punishment of 0 to 10 years for hit-and-run cases, and said that the government had put a hold on this provision following the protest.
“Given the circumstances, I request a delay in the implementation of the new criminal laws to prevent the crisis that looms with the implementation date of July 1, 2024,” he said and urged the minister to follow the precedent set by the first Law Minister of the nation B R Ambedkar in upholding the Constitution of the nation and serving the interest of the people.