The All India Lawyers Association for Justice (AILAJ) led a protest in Bengaluru on Friday against three new criminal laws likely to be implemented from July 1. They have raised several issues concerning the Bharatiya Nyaya Sanhita (BNS), 2023, the Bharatiya Sakshya Adhiniyam (BSA), 2023, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Key Points Raised
No Safeguards Available in Terrorism Provision
The AILAJ took exception to the terrorism provision in the BNS on the ground that Unlawful Activities (Prevention) Act had some limited safeguards. They pointed out Section 152, which they contended would, in effect, re-introduce the sedition clause and impose even more severe punishment.
Attacking Presumption of Innocence
The lawyers published a booklet entitled Beating The Colonial Powers At Their Game, which drew public attention to the numerous sections of the fresh laws. These provisions, the lawyers said, including publication of details of the accused and allowing handcuffs, were assaults on the concept of presumption of innocence.
Fear Over Virtual Trials and Proclaimed Offenders
In their arguments outside the City Civil Court Complex; the lawyers voiced fears that plans to allow virtual trials and curtail the right to trial for the proclaimed offenders would subvert the right to free and fair trials. They believe such legislation would pave the way for severe injustices and the chipping away of legal rights.
Other Legislative Concerns
The AILAJ has also raised concerns over other related legislations. Among them is the Post Office Bill, which empowers the police to intercept post bags and open or destroy contents prohibited under law. The advocates see these as too sweeping powers and, therefore, likely to be abused.
Public Protest
During the protest, the AILAJ requested that proper government steps be taken to draft upcoming laws so that people would not lose their fundamental rights and legal protections. They urged the government to re-look at the clauses and introduce appropriate amendments for ensuring the administration of justice along with fairness through the legal system.
Conclusion
The AILAJ protest stands as an epitome of the ongoing tug-of-war between the two domains: security and civil liberties in legal reform in India. As the new laws are rolled out, it is, however, expected that both the legal fraternity as well as civil rights campaigners will raise a hue and cry to challenge most of the provisions they see as retrogressive.
