Thursday, July 25, 2024

News Destination For The Global Indian Community

News Destination For The Global Indian Community

LEGAL
LifeMag
Law Commission was bypassed in framing the New criminal laws:, Chidambaram

Law Commission was bypassed in framing the New criminal laws:, Chidambaram

Senior Congress leader P. Chidambaram criticized the Centre on Saturday for bypassing the Law Commission in enacting three new criminal laws that took effect from July 1. He stated that the Law Commission, which includes retired judges, legal experts, professors, and permanent legal staff, typically consults with bar council members and advocate associations to draft laws for Parliament. However, this process was bypassed in favor of appointing five or six "part-timers" for a panel, Chidambaram said, referring to the enactment of the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam, which replaced the British-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act.

Speaking at a DMK advocate wing protest against the new laws, Chidambaram said, "The laws were not referred to the Law Commission nor was it consulted. This is wrong." He also criticized the inclusion of solitary confinement as a punishment, calling it unusual and cruel as per the Constitution, and noting that it has been abolished worldwide. Additionally, he questioned the need for both life sentences and life sentences for the remainder of one’s life, asking, "What is the difference?"

Chidambaram emphasized his long-standing call for a debate on the new laws, which he said the government has repeatedly avoided. He argued that 90-99 percent of the new laws were merely cut-and-paste work, suggesting that the government could have introduced a few amendments instead. "I did not say there should be no reforms. ... they should have brought an amendment. They changed only the section numbers. Advocates, judges, and police should now read again," he said.

He highlighted the confusion caused by renumbering sections, such as the well-known Section 302 for murder, which has now been changed. This, he claimed, adds unnecessary confusion for legal professionals and law enforcement.

<button class="rounded-lg text-token-text-secondary hover:bg-token-main-surface-secondary"></button><button class="rounded-lg text-token-text-secondary hover:bg-token-main-surface-secondary"></button><button class="rounded-lg text-token-text-secondary hover:bg-token-main-surface-secondary"></button>
 
 
4o
<button id="radix-:r5k:" class="cursor-pointer rounded-md px-1 text-token-text-secondary h-[30px] hover:bg-token-main-surface-secondary" type="button" aria-haspopup="menu" aria-expanded="false" data-state="closed"></button>

Law Commission was bypassed in framing the New criminal laws:, Chidambaram

Law Commission was bypassed in framing the New criminal laws:, Chidambaram
Senior Congress leader P. Chidambaram criticized the Centre on Saturday for bypassing the Law Commission in enacting three new criminal laws that took effect from July 1. He stated that the Law Commission, which includes retired judges, legal experts, professors, and permanent legal staff, typically consults with bar council members and advocate associations to draft laws for Parliament. However, this process was bypassed in favor of appointing five or six "part-timers" for a panel, Chidambaram said, referring to the enactment of the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam, which replaced the British-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act.

Speaking at a DMK advocate wing protest against the new laws, Chidambaram said, "The laws were not referred to the Law Commission nor was it consulted. This is wrong." He also criticized the inclusion of solitary confinement as a punishment, calling it unusual and cruel as per the Constitution, and noting that it has been abolished worldwide. Additionally, he questioned the need for both life sentences and life sentences for the remainder of one’s life, asking, "What is the difference?"

Chidambaram emphasized his long-standing call for a debate on the new laws, which he said the government has repeatedly avoided. He argued that 90-99 percent of the new laws were merely cut-and-paste work, suggesting that the government could have introduced a few amendments instead. "I did not say there should be no reforms. ... they should have brought an amendment. They changed only the section numbers. Advocates, judges, and police should now read again," he said.

He highlighted the confusion caused by renumbering sections, such as the well-known Section 302 for murder, which has now been changed. This, he claimed, adds unnecessary confusion for legal professionals and law enforcement.

 
 
4o

Leave a comment

Comments (0)

Opinion Express TV

Shapoorji Pallonji

SUNGROW

GOVNEXT INDIA FOUNDATION

CAMBIUM NETWORKS TECHNOLOGY

Opinion Express Magazine