Indian lawyers and activists demand suspension of new penal laws – ARAB TIMES – KUWAIT NEWS

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NEW DELHI, India, July 8: Indian lawyers and activists are urging Prime Minister Narendra Modi’s government to repeal three new criminal laws, arguing that they would increase the number of legal disputes in the already overburdened judicial system and give excessive powers to the police.

The new laws, which came into force on July 1, replace India’s long-standing criminal justice system – the Indian Penal Code of 1860, the Criminal Procedure Code of 1973 and the Indian Evidence Act of 1872. Their provisions include expanding police powers to detain suspects before trial and introducing the death penalty for gang rapes of minors under 18. They also require judges to issue written verdicts within 45 days of the conclusion of the trial and to file charges within 60 days of the first court hearing.

Critics, including Delhi-based lawyer Shadan Farasat, raise concerns that these deadlines apply only to new cases and older cases may be dragged out due to unclear legal frameworks. Farasat adds that the laws will require reinterpretation by the courts, which is likely to lead to more litigation.

In protest, two lawyers’ associations with over 13,000 members in Tamil Nadu announced that they would boycott the court hearings on Monday.

Despite the criticism, India’s home and law ministries have not responded to requests for comment. However, the government defends the new laws as “victim-centered” and claims they will modernize the justice system. Thousands of judicial officers, prosecutors and police officers have been trained in their application.

According to the government, the laws require forensic examinations for crimes punishable by seven years or more in prison, which is expected to increase conviction rates to as high as 90 percent. However, they have come under criticism for failing to protect male rape victims. States such as Karnataka have therefore made changes. The state is planning over 20 changes to the law because it criticises the provisions as being overly punitive.

Amnesty International calls for the immediate repeal of these laws, citing concerns about possible police abuses and the expansion of detention powers that could encourage torture and ill-treatment.

The introduction of these controversial laws represents a profound transformation of India’s criminal justice landscape and is sparking widespread debate and legal battles as stakeholders weigh the impact on civil liberties and the effectiveness of the judiciary.

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