Skip to main content

Ensure stay on new 'anti-democratic' criminal laws: Petition to Chandrababu Naidu, Nitish Kumar, others

Counterview Desk 
Close to 3,700 signatories, including Tushar Gandhi, Tanika Sarkar, Henri Tiphagne, Major Gen (retd) Sudhir Vombatkere, Teesta Setalvad, Kavita Srivastava, Shabnam Hashmi and others have sought the urgent intervention of Chief Minister Andhra Pradesh, Chandrababu Naidu asking him to ensure a stay on the implementation of the new criminal laws.
Also sent to Bihar Chief Minister Nitish Kumar, and the INDI Alliance partners, in their petition they said, the three new criminal laws, Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023, "were hurriedly pushed through  Parliament on 20th December 2023 without a debate."
In fact, the petition asserts, the proposed new laws, to come into effect on July 1, "would enable the government to dramatically scale up arrest, detention, prosecution and imprisonment of law abiding democratic opponents, dissidents and activists" and "transform India into a fascist state".

Text

Hearty congratulations to you on being sworn in as the Chief Minister of Andhra Pradesh.
We, the undersigned, are also glad to note that the Telugu Desam Party (TDP) is destined to play a major role in national politics.
Under the circumstances, we are hopeful that the TDP will use the opportunity to firmly uphold the basic principles enshrined in the Constitution of India and will do everything in its power to defend democratic rights that are guaranteed in the Constitution.
Sadly, as the situation stands now, there is a grave threat that is hanging over the nation in the form of three new criminal laws, namely, 'Bharatiya Nagarik Suraksha Sanhita, 2023', 'Bharatiya Nyaya Sanhita, 2023', and 'Bharatiya Sakshya Adhiniyam, 2023', which were hurriedly pushed through  Parliament on 20th December 2023 without a debate.
These laws are scheduled to come into effect from 01st July 2024 and Sir you need to act immediately.
Our major concern is that the amendments made in the then existing laws are such that they are mostly draconian in nature. They deal exclusively with matters of life and liberty and criminal harm that can be caused to an individual in other multiple and various ways. They also (adversely affect) deal with civil liberties of citizens more particularly in the matter of freedom of speech, right to assembly, right to associate, right to demonstrate, and their other civil rights, which can be criminalized as part of the law and order provisions of these three laws. 
Essentially,  these new criminal laws would equip the government with adequate power to hollow out our democracy and transform India into a fascist state – should the government choose to deploy the new laws to their fullest extent.
The proposed new laws would enable the government to dramatically scale up arrest, detention, prosecution and imprisonment of law abiding democratic opponents, dissidents and activists.
We earnestly urge you meet a team of legal expects from our side, who could brief you on the implications of the new criminal laws
Some of the chilling features of the new Criminal Code as requiring special attention are:
(1) the criminalisation of legitimate, lawful, non-violent democratic speech or action as ‘terrorism’;
(2) the broadening of the offence of sedition  in a new and more vicious avatar (what could be called “sedition-plus”);
(3) the expansion of the potential for “selective prosecution” — targeted, politically-biased prosecution of ideological and political opponents;
(4) the criminalisation of a common mode of political protest against government through fasting; 
(5) encouraging the use of force against any assembly of persons; 
(6) exponentially enhancing ‘police raj’ by criminalising “resisting, refusing, ignoring or disregarding to conform to any direction given by [a police officer]”;
(7) enhancing handcuffing;
(8) maximising police custody during investigation;
(9) making the recording of a FIR discretionary for the police;
(10) dialling up the pain of imprisonment;
(11) compelling all persons (even those not accused of any crime) to provide their biometrics to the government; and
(12) shielding of some of the Sangh parivar’s activities.
It is this impending threat to the democratic structure of this nation that has compelled us to seek your immediate intervention to stay the implementation of these questionable laws until their implications are throughly reexamined by a team of legal experts and debated on the floor of the Indian Parliament.
Since there are still seventeen days left before the said criminal laws go into effect, we earnestly urge you meet a team of legal expects from our side, who could brief you on the implications of the new criminal laws, which would enable your party to take appropriate decision to prevent an impending blow to civil liberties.
We do hope you would respond positively to this appeal and take the requisite steps to stay the implementation of the said criminal laws.
Sir, once endorsed, we hope to send this letter petition to all Opposition leaders.

Comments

TRENDING

Will official Modi invitation to Pope include itinerary of meeting Manipur Christians, too?

  By Fr Cedric Prakash SJ*  Few will not remember Judas Iscariot and the role he played in the betrayal of Jesus! For those who don’t know or don’t remember, these passages from Sacred Scripture will help put things in perspective: "And while they were eating, he said, 'Truly I tell you, one of you will betray me.' They were very sad and began to say to him one after the other, 'Surely you don’t mean me, Lord?' Jesus replied, 'The one who has dipped his hand into the bowl with me will betray from Sacred Son of Man will go just as it is written about him. But woe to that man who betrays the Son of Man! It would be better for him if he had not been born.' Then Judas, the one who would betray him, said, 'Surely you don’t mean me, Rabbi?' Jesus answered, 'You have said so.'  (Mt. 26: 21-25)

RSS supremo Deoras 'supported' Emergency, but Indira, Sanjay Gandhi 'didn't respond'

Indira Gandhi, Balasaheb Deoras By Shamsul Islam* National Emergency was imposed on the country by then Prime Minister Indira Gandhi on June 25-26, 1975, and it lasted for 19 months. This period is considered as ''dark times' for Indian democratic polity. Indira Gandhi claimed that due to Jaiprakash Narayan's call to the armed forces to disobey the 'illegal' orders of Congress rulers had created a situation of anarchy and there was danger to the existence of Indian Republic so there was no alternative but to impose Emergency under article 352 of the Constitution.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Amidst climate of hate, none cares to remember VP Singh, not even his family

By Vidya Bhushan Rawat*   It was former Prime Minister Vishwanath Pratap Singh's birthday on June 25. He would have turned 93 on this day. A man of great idealism and conviction, VP changed the politics of power in India that became more inclusive in terms of participation and representation of the marginalised in our highest decision making bodies. 

Manipur's Meira Paibis: Inter-sectional activism, regional bias, media misconstruction

By Biswanath Sinha*  The women led movement in India is a diverse and multifaceted phenomenon that reflects the country's vast cultural, social, and political landscape. One of the most distinctive and influential women's organizations in this tapestry is the Meira Paibi of Manipur. Known as the "torchbearers," Meira (lights/torch) Paibi (holder/bearer) carved out a unique space in the annals of women's activism in India.

Architects, planners, designers discuss impact of climate change on infrastructure

By Dr Mansee Bal Bhargava*  The School of Architecture and Planning at the Woxsen University, Telengana, organized a conference on Architecture & Design of Built Environment (ADoBE) on 6-7th June 2024 at the Indian Institute of Technology, IIT-Hyderabad. The larger theme of the ADoBE’24 pivoted on ‘Cities Embracing Inclusivity’. 

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.