Daily News Analysis

Criminal law Bills and a hollow decolonisation

stylish_lining

Criminal law Bills and a hollow decolonisation

 

Why in the News?

Three criminal law Bills were introduced in the Parliament in 2022, after an earlier attempt of setting up the Committee for Reforms in Criminal Law in 2020.

Colonisation:

  1. It is a process of oppression where the colonised become vehicles for the supreme colonial power to fulfil its desires.
  2. The colonised unquestioningly serves the colonial state and remains at its mercy. 
  3. The Colonisers work to protect its own interests and not the subjects’, who are not just inferior but also suspicious. 
  4. Thus, the foundational essence of colonial laws is to secure and protect the colonial state and not the colonised.
  5. The Laws such as the Indian Penal Code (1860) was not just to maintain law and order, but an attempt of the colonial state to legitimise its status as a potential victim under threat from the people it colonised, through law.

Overbroad and constitutionally suspect:

  1. A ‘decolonised’ or a post-colonial law shall have the aspects of:
    1. Changed relationship between the citizen and the state compared to the colonial laws.
    2. An independent people are not to serve but to be served through the state and government they give themselves.
    3. Changes in the process of law-making, and the priorities and purpose of the law according the above prospect.
  2. The newly proposed Criminal law bills fail these essential requirements:
    1.  The new bills propose changes that are overbroad that essentially increases the net of what constitutes an offence and parallelly the avenues to use police powers. 
    2. It adds an additional layer of criminalisation by including ‘new’ offences that are already covered by existing laws (either under special laws or the Indian Penal Code). This also increases police powers.

An expansion of suppression:

  1. Colonisation is marked by suppression in the guise of security by giving the executive unchecked police powers.
  2. Such aspect of suppression is witnessed in the Bharatiya Nagarik Suraksha Sanhita (BNSS) (it repeals the Code of Criminal Procedure, 1973) expands such powers considerably.
    1. For instance,
      1. It allows police custody for periods longer than is allowed under the current CrPC.
      2. It prescribes for police powers in crimes such as terrorist acts, which are significantly broader than provided under harsh laws, such as the Unlawful Activities (Prevention) Act.
  3. The new bills don’t provide for the reforms of police and prison, the relics of colonisation.

In perspective

  1. There are also developments in other areas of criminal law that are becoming increasingly colonial.
    1. For instance, the Criminal Procedure (Identification) Act, 2022, authorises the police to take measurements of convicts, accused and even persons in custody under preventive detention, furthers the aim of colonisation through increased surveillance of the populace and increased control by the state.
  2. The idea of decolonisation shall encompass the promise of people shaping their own destinies, honours and centres the citizenry.

Mughal Miniature Painting

A Mughal miniature painting titled “A Family of Cheetahs in a Rocky Landscape”, attributed to the celebrated Mughal painter Basawan (c. 1575–80), has set a new world record at Ch
Share It

Formation Day

On 1st November, eight Indian states—Andhra Pradesh, Chhattisgarh, Haryana, Karnataka, Kerala, Madhya Pradesh, Punjab, and Tamil Nadu—along with five Union Territories—Andaman an
Share It

Sal Tree

Scientists from the Environment Department of Himachal Pradesh University (HPU) in Shimla have recently revealed that the Sal tree (Shorea robusta) is the most effective natural air purifier for c
Share It

US Resumes Nuclear Weapon Testing

The President of the United States has ordered the resumption of nuclear weapon testing after a gap of 33 years, the last test being in 1992. This decision marks a significant shift in global nucl
Share It

Introduction of AI and Computational Thinking (CT) in School Education

The Ministry of Education plans to introduce Artificial Intelligence (AI) and Computational Thinking (CT) from Class 3 onwards in the 2026–27 academic year. This initiative is part of the Na
Share It

Turtle (Kachhua) Wildlife Sanctuary

The Turtle Wildlife Sanctuary, also known as the Kachhua Sanctuary, is located in the Varanasi district of Uttar Pradesh. It is recognised as India’s first freshwater turtle wildlife sanctua
Share It

India’s Textile Industry

Introduction The Government of India is preparing a comprehensive cost roadmap for the textile sector to bring domestic production costs in line with global standards. This initiative comes at
Share It

International Snow Leopard Day

International Snow Leopard Day is observed every year on 23rd October to raise awareness about snow leopard conservation and the challenges faced by this vulnerable species. Origin Internati
Share It

African Penguin

Appearance The African Penguin has a distinctive black stripe across its chest along with a unique pattern of black spots, which differ among individuals. It also possesses pink glands above it
Share It

Model Youth Gram Sabha (MYGS) Initiative

The Centre launched the first phase of the Model Youth Gram Sabha (MYGS), a pioneering initiative that seeks to introduce the concept of Gram Sabhas into school classrooms across India. Inspired b
Share It

Newsletter Subscription


ACQ IAS
ACQ IAS