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

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani* India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor* Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Andhra team joins Gandhians to protest against 'bulldozer action' in Varanasi

By Rosamma Thomas* November 1 marked the 52nd day of the 100-day relay fast at the satyagraha site of Rajghat in Varanasi, seeking the restoration of the 12 acres of land to the Sarva Seva Sangh, the Gandhian organization that was evicted from the banks of the river. Twelve buildings were demolished as the site was abruptly taken over by the government after “bulldozer” action in August 2023, even as the matter was pending in court.

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad* On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual.

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad* The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

Green Revolution’s reliance on chemical fertilizers, pesticides contributing to Punjab's health crisis

By Bharat Dogra, Jagmohan Singh* Punjab was once synonymous with robust health, particularly in its rural areas, where farmers were known for their strength and vitality. However, in recent years, reports from these villages tell a different story, with rising cases of serious health issues, including cancer. What led to this decline? The answer lies largely in the erosion of good nutrition, once a hallmark of Punjabi village life. The health of a population is closely tied to its nutrition, and Punjab's reputation as a provider of high-quality nutrition has suffered greatly. The loss of biodiversity in agriculture has led to a decrease in the variety and quality of crops, resulting in poorer nutrition. Pulses, a key source of protein, have seen a steep decline in cultivation due to the disruption of traditional farming practices by the Green Revolution. This has had a detrimental effect on both soil and human health. Although pulses are still available in the market, they are exp

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor* Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.

Search This Blog