
SC Receives PIL Challenging Replacement of Colonial-Era Laws(Representative Image/ANI)
SC Receives PIL Challenging Replacement of Colonial-Era Laws
A Public Interest Litigation (PIL) was presented in the Supreme Court challenging the replacement of old British colonial laws with three new criminal code Bills passed by Parliament. The recent enactment of the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Act, replacing the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and the Indian Evidence Act (IEA), faced legal scrutiny through this PIL.
Advocate Vishal Tiwari filed the plea, urging the formation of an expert committee led by a former Supreme Court judge. This proposed committee, comprising judges, senior advocates, and jurists, would evaluate the feasibility of the three new criminal laws.
The petition highlighted concerns about the legislative process, stating that the laws were passed without significant parliamentary debate, as many members were under suspension at that time.
Seeking a halt on the implementation of the three Bills, the petition emphasized that although these laws were initially withdrawn and redrafted, they were eventually passed without proper scrutiny. The plea contended that the new laws are excessively stringent, leading to the establishment of a police state and significantly infringe upon the fundamental rights of Indian citizens.
Comparing the current laws with the previous colonial-era regulations, the plea drew attention to the alarming provision in the new laws that allows extending police custody from 15 days to 90 days or more, potentially facilitating police brutality and torture.
The PIL aims to challenge the validity and implementation of the newly enacted criminal laws, emphasizing their alleged draconian nature and potential violation of fundamental rights in India.
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