Skip to main content

Ensure stay on new 'anti-democratic' criminal laws: Petition to Chandrababu Naidu, Nitish Kumar, others

Counterview Desk 
Close to 3,700 signatories, including Tushar Gandhi, Tanika Sarkar, Henri Tiphagne, Major Gen (retd) Sudhir Vombatkere, Teesta Setalvad, Kavita Srivastava, Shabnam Hashmi and others have sought the urgent intervention of Chief Minister Andhra Pradesh, Chandrababu Naidu asking him to ensure a stay on the implementation of the new criminal laws.
Also sent to Bihar Chief Minister Nitish Kumar, and the INDI Alliance partners, in their petition they said, the three new criminal laws, Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023, "were hurriedly pushed through  Parliament on 20th December 2023 without a debate."
In fact, the petition asserts, the proposed new laws, to come into effect on July 1, "would enable the government to dramatically scale up arrest, detention, prosecution and imprisonment of law abiding democratic opponents, dissidents and activists" and "transform India into a fascist state".

Text

Hearty congratulations to you on being sworn in as the Chief Minister of Andhra Pradesh.
We, the undersigned, are also glad to note that the Telugu Desam Party (TDP) is destined to play a major role in national politics.
Under the circumstances, we are hopeful that the TDP will use the opportunity to firmly uphold the basic principles enshrined in the Constitution of India and will do everything in its power to defend democratic rights that are guaranteed in the Constitution.
Sadly, as the situation stands now, there is a grave threat that is hanging over the nation in the form of three new criminal laws, namely, 'Bharatiya Nagarik Suraksha Sanhita, 2023', 'Bharatiya Nyaya Sanhita, 2023', and 'Bharatiya Sakshya Adhiniyam, 2023', which were hurriedly pushed through  Parliament on 20th December 2023 without a debate.
These laws are scheduled to come into effect from 01st July 2024 and Sir you need to act immediately.
Our major concern is that the amendments made in the then existing laws are such that they are mostly draconian in nature. They deal exclusively with matters of life and liberty and criminal harm that can be caused to an individual in other multiple and various ways. They also (adversely affect) deal with civil liberties of citizens more particularly in the matter of freedom of speech, right to assembly, right to associate, right to demonstrate, and their other civil rights, which can be criminalized as part of the law and order provisions of these three laws. 
Essentially,  these new criminal laws would equip the government with adequate power to hollow out our democracy and transform India into a fascist state – should the government choose to deploy the new laws to their fullest extent.
The proposed new laws would enable the government to dramatically scale up arrest, detention, prosecution and imprisonment of law abiding democratic opponents, dissidents and activists.
We earnestly urge you meet a team of legal expects from our side, who could brief you on the implications of the new criminal laws
Some of the chilling features of the new Criminal Code as requiring special attention are:
(1) the criminalisation of legitimate, lawful, non-violent democratic speech or action as ‘terrorism’;
(2) the broadening of the offence of sedition  in a new and more vicious avatar (what could be called “sedition-plus”);
(3) the expansion of the potential for “selective prosecution” — targeted, politically-biased prosecution of ideological and political opponents;
(4) the criminalisation of a common mode of political protest against government through fasting; 
(5) encouraging the use of force against any assembly of persons; 
(6) exponentially enhancing ‘police raj’ by criminalising “resisting, refusing, ignoring or disregarding to conform to any direction given by [a police officer]”;
(7) enhancing handcuffing;
(8) maximising police custody during investigation;
(9) making the recording of a FIR discretionary for the police;
(10) dialling up the pain of imprisonment;
(11) compelling all persons (even those not accused of any crime) to provide their biometrics to the government; and
(12) shielding of some of the Sangh parivar’s activities.
It is this impending threat to the democratic structure of this nation that has compelled us to seek your immediate intervention to stay the implementation of these questionable laws until their implications are throughly reexamined by a team of legal experts and debated on the floor of the Indian Parliament.
Since there are still seventeen days left before the said criminal laws go into effect, we earnestly urge you meet a team of legal expects from our side, who could brief you on the implications of the new criminal laws, which would enable your party to take appropriate decision to prevent an impending blow to civil liberties.
We do hope you would respond positively to this appeal and take the requisite steps to stay the implementation of the said criminal laws.
Sir, once endorsed, we hope to send this letter petition to all Opposition leaders.

Comments

TRENDING

70,000 migrants, sold on Canadian dream, face uncertain future: Canada reinvents the xenophobic wheel

By Saurav Sarkar*  Bikram Singh is running out of time on his post-study work visa in Canada. Singh is one of about 70,000 migrants who were sold on the Canadian dream of eventually making the country their home but now face an uncertain future with their work permits set to expire by December 2024. They came from places like India, China, and the Philippines, and sold their land and belongings in their home countries, took out loans, or made other enormous commitments to get themselves to Canada.

Kerala government data implicates the Covid vaccines for excess deaths

By Bhaskaran Raman*  On 03 Dec 2024, Mr Unnikrishnan of the Indian Express had written an article titled: “Kerala govt data busts vaccine death myth; no rise in mortality post-Covid”. It claims “no significant change in the death rate in the 35-44 age group between 2019 and 2023”. However, the claim is obviously wrong, even to a casual observer, as per the same data which the article presents, as explained below.

PM-JUGA: Support to states and gram sabhas for the FRA implementation and preparation and execution of CFR management plan

By Dr. Manohar Chauhan*  (Over the period, under 275(1), Ministry of Tribal Affairs has provided fund to the states for FRA implementation. Besides, some states like Odisha, Chhattisgarh and Maharashtra allocated special fund for FRA implementation. Now PM-JUDA under “Dharti Aaba Janjatiya Gram Utkarsh Abhiyan(DAJGUA) lunched by Prime Minister on 2nd October 2024 will not only be the major source of funding from MoTA to the States/UTs, but also will be the major support to the Gram sabha for the preparation and execution of CFR management Plan).

Operation Kagar represents Indian state's intensified attempt to extinguish Maoism: Resistance continues

By Harsh Thakor Operation Kagar represents the Indian state's intensified attempt to extinguish Maoism, which claims to embody the struggles and aspirations of Adivasis. Criminalized by the state, the Maoists have been portrayed as a threat, with Operation Kagar deploying strategies that jeopardize their activities. This operation weaves together economic, cultural, and political motives, allegedly with drone attacks on Adivasi homes.

How Amit Shah's statement on Ambedkar reflects frustration of those uncomfortable with Dalit assertion, empowerment

By Vidya Bhushan Rawat*  Dr. B.R. Ambedkar remains the liberator and emancipator of India’s oppressed communities. However, attempts to box him between two Brahmanical political parties betray a superficial and self-serving understanding of his legacy. The statement by Union Home Minister Amit Shah in the Rajya Sabha was highly objectionable, reflecting the frustration of those uncomfortable with Dalit assertion and empowerment.

This book delves deep into Maoism's historical, social, and political dimensions in India

By Harsh Thakor*  "Storming the Gates of Heaven" by Amit Bhattacharya is a comprehensive study of the Indian Maoist movement. Bhattacharya examines the movement's evolution, drawing from numerous sources and showcasing his unwavering support for Charu Mazumdar's path and practice. The book, published in 2016, delves deeply into the movement's historical, social, and political dimensions.

Ideological assault on dargah of Sufi Saint Khwaja Moinuddin Chishti will disturb pluralistic legacy: Modi told

Counterview Desk Letter to the Prime Minister about "a matter of the utmost concern affecting our country's social fabric": *** We are a group of independent citizens who over the past few years have made efforts to improve the deteriorating communal relations in the country. It is abundantly clear that over the last decade relations between communities, particularly Hindus and Muslims, and to an extent Christians are extremely strained leaving these latter two communities in extreme anxiety and insecurity.

Defeat of martial law: Has the decisive moment for change come in South Korea?

By Steven Lee  Late at night on December 3, soldiers stormed into South Korea’s National Assembly in armored vehicles and combat helicopters. Assembly staff desperately blocked their assault with fire extinguishers and barricades. South Korea’s President Yoon Suk Yeol had just declared martial law to “ eliminate ‘anti-state’ forces .”