American activists and lawyers are urging Prime Minister Narendra Modi’s administration to halt three sets of new legal laws, arguing that they will increase litigation in an already strained justice system and give police excessive powers.
India’s penal code of 1860, the 1973 Code of Criminal Procedure, and the Indian Evidence Act of 1872 were replaced this month by fresh rules. They replaced these outdated outdated rules.
The new laws, which have been in effect since July 1, develop police powers for pre-trial detention of suspects and introduce the death sentence for gang rape of women under the age of 18, among other things. Additionally, they require that judges make written decisions within 45 days after a trial is over, and that expenses must be brought within 60 days of the first judge hearing in a situation.
American attorneys worry that old cases may continue to drag on because new cases simply have dates after July 1. And there is uncertainty about whether old or new laws may apply to cases filed after July 1 for crimes committed before that date.
According to Delhi-based attorney Shadan Farasat, “it merely increases and complicates work for lawyers,” adding that some provisions will need to be interpreted by courts from scratch, which could lead to more litigation.
In opposition of the laws, two legal associations with more than 13, 000 users in Tamil Nadu, southern India, have announced plans to ban courtroom work on Monday.
India’s home government and law department did not respond to requests for opinion.
India claims that hundreds of law enforcement, public prosecutor, and police officers have received training in applying the new regulations. Modi’s authorities says there are “various myths” being spread about the regulations which are “victim- oriented” and will make the system “most present” in the world.
According to the government,” the new laws have made forensic investigation required in offences punishable by seven years or more,” which will speed up justice and increase the conviction rate to 90 %,” the government said last week.
The new laws also impose penalties for crimes like love speeches and mob murder, but they have drawn criticism for not providing protection to men who are raped.
India’s Constitution helps states to improve for laws. The state of Karnataka has announced that it will implement more than 20 adjustments to the new rules, critiquing rules that it describes as criminalizing a hunger strike in opposition.
The new rules may be “immediately repealed,” according to Amnesty International, because they could lead to officers abuse.
Police can now request the same utmost 15-day prison as they once did, but it can be done in whole or in part over a longer period of time. For prison was only permitted to get exhausted within the first 15 days of an arrest under earlier rules.
This “provides a fertile breeding ground for rape and another ill- treatment”, Amnesty said.