Parliamentary Panel Adopts Reports on Three Criminal Bills, Several Dissent Notes From Opposition
written by Anurag kesharwani
In a significant development, the parliamentary standing committee responsible for reviewing three crucial Bills aimed at replacing the Indian Penal Code, the Code of Criminal Procedure, and the Evidence Act has adopted its draft reports. This decision, taken on Monday, November 6, was not without its share of controversy, as opposition leaders submitted numerous dissent notes in response to the committee’s findings. The report, prepared by a 30-member committee led by Bharatiya Janata Party (BJP) MP Brij Lal, suggests several substantial changes in these Bills.
Dissent Notes Galore
Several members of the committee, including prominent figures like Adhir Ranjan Chowdhury from the Congress, Digvijaya Singh, and N. R. Elango from the Dravida Munnetra Kazhagam (DMK), have already submitted their dissent notes. On the other hand, former Union Home Minister P. Chidambaram requested an extension to submit his dissent notes by Thursday. However, the committee decided to stick to its initial Wednesday deadline, as reported by the Economic Times.
A United Front
The opposition is making its stance clear, with sources telling the Indian Express that Chidambaram, along with All India Trinamool Congress (TMC) members Derek O’ Brien and Kakoli Ghosh Dastidar, is preparing detailed dissent notes. In fact, all 10 opposition members in the panel are expected to submit separate dissent notes, emphasizing the magnitude of their disagreement with the proposed Bills.
Language and Contentions
Some opposition members, including DMK’s Dayanidhi Maran, have expressed their reservations about the usage of Hindi in the Bills, considering it goes against the spirit of the constitution. However, it’s important to note that the committee has not recommended changing the names or introducing English versions of the names in its report.
Debating the Scope
Members have varying opinions on subjects like terror, corruption, and organized crime being incorporated into the new penal law. Some contend that these inclusions are not in the spirit of justice. Meanwhile, other recommendations put forth by members include a comprehensive definition of community service and its implications. The Bharatiya Nyaya Sanhita, which aims to replace the Indian Penal Code, suggests community service as an alternative form of punishment for certain minor offenses.
Changing Legal Landscape
The Economic Times reports that the committee has proposed a gender-neutral adultery law and punitive measures for non-consensual sex involving men, women, and transgender individuals. Additionally, the committee has recommended a reduction in sentences for individuals convicted of obstructing public servants from performing their duties.
Leniency in the Legal System
According to sources, the committee has suggested reducing the maximum prison term under Section 353 of the Indian Penal Code from two years to one. The reasoning behind this recommendation is that the law is often employed against protesters, and many committee members believe that leniency should be shown towards common protesters.
Next Steps
The report is presented before parliament when the winter session commences,
Conclusion
The adoption of draft reports on three pivotal criminal Bills has stirred intense debate, with opposition leaders submitting numerous dissent notes. The proposed changes to the Indian Penal Code, the Code of Criminal Procedure, and the Evidence Act have raised concerns, particularly regarding language, the scope of the law, and the proposed amendments. As these reports make their way to parliament, the fate of these Bills and their impact on India’s legal landscape remain uncertain.
Frequently Asked Questions (FAQs)
- What are the main changes proposed in the Bills that the parliamentary standing committee has adopted? The proposed changes encompass a wide range of areas, including language, gender-neutral laws, and the scope of the penal code. Some members also recommended reducing sentences for certain offenses.
- Why did some opposition members express reservations about the usage of Hindi in the Bills? Some members believe that using Hindi in the Bills goes against the spirit of the constitution and may not be inclusive enough.
- How will the dissent notes from opposition leaders affect the future of these Bills? The dissent notes submitted by opposition leaders indicate their disagreement with the proposed changes. The fate of these Bills will depend on the discussions and decisions in parliament.
- When will the reports be presented in parliament for consideration? The reports are scheduled to be presented when the winter session of parliament begins.
- What is the significance of reducing the maximum prison term under Section 353 of the Indian Penal Code to one year? This reduction is suggested to show leniency towards common protesters, as Section 353 is often used against them. It aims to provide a less severe penalty for such cases.
