By Dr. Gyan Pathak
Narendra Modi government had successfully avoided any meaningful discussion on the three new criminal laws in the Lok Sabha by resorting to suspension of almost entire opposition members in the Lok Sabha, but had to face a serious roadblock even before their implementation enforcing the Centre to give a second thought on making them operational before the Lok Sabha General Election 2024 fearing political backlash.
On the second day of truck drivers’ nationwide three-day strike on January 2, the disruption of supplies across the country enforced the Centre to realize that implementation of the provisions relating to drivers in the Bharatiya Nyay Sanhita (BNS), which is set to replace the Indian Penal Code, will have great political impact on the ruling establishment, and hence decided not to implement it until it is discussed with All India Motor Transport Congress.
The press release of the Centre read, “The Government of India has taken cognizance of the concerns of truckers regarding the provision of 10 years imprisonment and fine, under Section 106(2) of the Bharatiya Nyay Sanhita and held detailed discussion with the representatives of the All India Motor Transport Congress today. The Government wants to point out that these new laws and provisions have not yet come into force. We would also like to point out that the decision to invoke Section 106(2) of the Bharatiya Nyay Sanhita will be taken only after consultation with the All India Motor Transport Congress. We appeal to All India Motor Transport Congress and all the drivers to return to their respective jobs.”
After the talk with government representatives, Transport Congress has called of the strike, but their stiff resistance the news laws and protest strike indicate that the three new criminal laws contain too many evils, such as in Pandora’s Box. If they are implemented before the Lok Sabha election 2024, it may trigger numerous protests from various sections of the societies impacting the political fortune of PM Narendra Modi who will be seeking for third term for himself as Prime Minister and for his Bhartiya Janata Party (BJP). No wonder that the government has assured the striking drivers that the new laws relating to them would be implemented only after detailed discussion.
PM Modi thus could not avoid detailed discussions on various sections of the three criminal laws – Bharatiya Nyay Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), with representatives of various sections of the society before their implementation. The three laws have already been received Presidential assent, and only one step of their notification is required before making them operational. Given the prospect of numerous hurdles, including protests from the citizens and other operational difficulties, and likely adverse impact on political fortune on PM Narendra Modi, best option for the Centre seems to buy time.
Initially, it was reported that Modi Government was planning to notify these laws before the Republic Day January 26, 2024, but it does not seem to be possible now, which is indicated by the Centre’s stand on motor drivers’ issue. General elections are round the corner, and there is not enough time even for talks with the representatives of Motor Transport Congress. Even if some sort of agreement is reached between the government and the Motor Transport Congress, the relating section will need amendment in the Parliament of India, that has time only to pass vote on account in February, and nothing more. Amendments into the three criminal laws would need more sessions of the Parliament which will be available only in the next Parliament after the election results are out in May 2024.
There are many other hurdles in the way of implementation, such as proper training to the police, civil administration, and judicial officials to implement various provision of the three criminal laws. For example, it has already been reported that more than 3000 master trainers from different fields are required to train other officials, horizontally and vertically from top to bottom. It is a time taking and difficult task. Higher officials in all the related fraternities would need to train lower officials and researchers, even in the realms of forensic science.
The new criminal laws also require a fool-proof online mechanism as most of the records would be electronic or digital, and hence it would require much training and greater infrastructures. For this the Centre is in talks with the judiciary and others who are dealing with not only the old three criminal laws – Indian Penal Code, Criminal Procedure Code, Indian Evidence Act – but also other special criminal laws such as crime control acts of the states and the Centre, terror acts, money laundering act etc. National Judicial Academy in Bhopal is likely to provide training but given its capacity much less than required, the Centre will need much more to do which will be time taking. Even if the proposed pilot project to be launched in Chandigarh for testing a fool-proof online mechanism will take its own time.
Needless to say, even if Modi government notifies the three new criminal laws – BNS, BNSS, and BSA by January 26, they would not be implemented immediately but in over a period of more than 12 months, with a condition that the sections likely to be impacted would be consulted first before making the particular provisions operational, especially the sensitive ones which can potentially affect the political fortune of PM Narendra Modi in the forthcoming Lok Sabha election. PM Modi’s Legal Box contains his hope with numerous evils, that are bound to trigger stiff resistance by many sections of people, such as we have seen in truck drivers’ protest. Once notified, cases can be registered under the new criminal laws, but the first judgement is likely to come in three years from the date of notification. (IPA Service)
The post Drivers’ Protest Shows The Three New Criminal Laws Are Pandora’s Box first appeared on Latest India news, analysis and reports on IPA Newspack.
