India's criminal justice system marked a major overhaul in July 2024. Three new criminal laws came into effect, replacing 19th century Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act, which were inherited from the British after securing independence in 1947.
Prime Minister Narendra Modi's government says that the new laws were necessary due to the colonial legislation being a central part of the country's criminal justice system for over a century. But the move has evoked a widespread controversy, sparking concerns and intense debate among human rights groups, legal experts and opposition political parties.
The new laws were passed by the Indian parliament in December 2023. At the time, Home Minister Amit Shah said that "every aspect of the new laws has been discussed extensively with different stakeholders" for years, and that, with India's criminal justice system "becoming completely indigenous… priority will be given to justice instead of punishment."
But the opposition insisted that the laws had been rushed through without sufficient parliamentary discussion and consultation.
What has changed?
Among the key changes is the duration of police custody, which increased from 15 days to 60, and, in some special cases, up to 90 days. The laws also specify new offenses for terrorism and organized crime with harsher punishments; death penalty for mob lynching; as well as allowing the recording of evidence through audio-visual means to aid police investigations.
The new laws replaced the colonial-era sedition law with broader offenses that cover "endangering sovereignty or unity and integrity" of the country.
Many lawyers, activists and opposition leaders are agitated by the changes. They worry that extending police custody would harm the rights of detainees in a country with high rates of custodial deaths and a low conviction rate. According to the critics, the new laws are "more draconian" in nature and risk throwing the criminal justice system into disarray.
Why is the reform controversial?
Supreme Court lawyer Nipun Saxena is one of the most outspoken voices opposing legal changes. He is currently focusing on exploring and decoding them in depth.
For Saxena, laws like these "have all the indicators that point towards the establishment of a police state" where judicial functions have been transferred to the police. Under the old system, a judge would decide if a case could proceed for trial, but under the new laws this decision is left to the police.
"The new laws violate at least four to five articles of the constitution that relate to procedural safeguards and protection against illegal detention and some very important Supreme Court judgments," Saxena added.
Saxena is not the only legal expert speaking out against the reform. Several lawyers' associations across the country have also registered their protest. The All-Indian Lawyers Association for Justice (AILAJ), a non-governmental organization, said that many provisions in the new laws "solidify powers introduced by the colonial powers."
Who is affected?
Experts say that these changes will have an impact on a broad spectrum of people. The reform will affect common citizens, activists, and suspects, but also India's judiciary, which is already overburdened with pending cases.
Student activist Natasha Narwal says she is worried for all citizens of India.
"The new laws are not aimed at crushing dissent alone. They are aimed at increasing the power of the police over people, over our lives, on a very insidious level. And of course, it will enable the state to crush dissent with much more power," she told DW.
Narwal was already arrested for protesting on the conditions of religious freedom in India in 2020. As a victim of anti-terror laws, Natasha says the latest reform is "dangerous."
"In the last 10 years, we have seen increasing repression on all kinds of politics which raised critical questions to the Modi government and these laws give more power to them," she added.
Moving away from colonialism?
However, Modi's ruling Bharatiya Janata Party (BJP) denies bad intentions and portrays the new laws as a "step towards decolonization." Sudhanshu Mittal, senior BJP leader, said that the old laws were archaic and needed to be changed.
"It is a very proud moment," Mittal told DW. "India, after a very careful thought and discussion amongst the entire polity, has come up with its own set of laws, saying goodbye to the centuries-old colonial criminal jurisprudence, which was then enacted to protect the British hegemony in India."
Legal expert Saxena dismisses this account, asserting that "the laws are not colonial as they have undergone a lot of change with various amendments and judgments at state and judicial level."
"Therefore, this contention that these laws were colonial and had to be done away with is absolutely, historically, and logically incorrect." Saxena told DW.
