Amartya Sen, Nobel laureate said on Saturday that replacing the British-era Indian Penal Code (IPC) with Bharatiya Nyaya Sanhita (BNS) is not a ‘welcome move’ because no stakeholders were consulted.
Nobel laureate Amartya Sen
“Any move to usher in such a change with the help of the majority sans any discussion with all sides concerned, cannot be labelled as a welcome change, good change, which augurs well by me,” Amartya Sen told reporters in West Bengal’s Santiniketan.
The famous economist and philosopher, Amartya Sen, further remarked that in a huge and diverse country like India, the difficulties confronting two separate states may not always be the same.
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“There is no evidence that wide-ranging discussions with all stakeholders occurred prior to the implementation of this (BNS). Also, in this huge country, the difficulties encountered by Manipur and another state, like Madhya Pradesh, cannot be the same,” Amartya Sen stated.
The three new criminal laws—Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BNS)—went into force on July 1.
These were passed by Parliament in December of last year, amid the suspension of a record number of members from both the Rajya Sabha and the Lok Sabha; the MPs were suspended as they sought a statement from Union Home Minister Amit Shah regarding the Lok Sabha security breach that occurred earlier that month.
The three new criminal legislation adopted in India are as follows:
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Bharatiya Nyaya Sanhita (BNSS), 2023: This law supersedes the colonial-era Indian Penal Code (IPC) of 1860. It strives to modernize and streamline criminal provisions, ensuring that they accord with current needs.
Bharatiya Sakshya Adhiniyam (BSA), 2023: This law replaces the Indian Evidence Act of 1872 and governs the norms of evidence in legal processes. It aims to improve the consistency and effectiveness of evidence collecting and presentation.
Bharatiya Nagarik Suraksha Sanhita (BNSSS), 2023. This statute supersedes the 1973 Code of Criminal Procedure (CrPC). It focuses on the procedural parts of criminal justice, such as investigation, arrest, trial, and sentencing.
How have legal experts responded to these changes questioned by Amartya Sen?
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Legal experts have expressed a mix of opinions regarding the new criminal laws in India. Some view them as a positive step toward modernization, addressing outdated provisions and enhancing efficiency. They appreciate the intent to streamline legal processes and evidence rules.
However, others have raised concerns about potential gaps, unintended consequences, and the need for robust implementation. As with any legal reform, ongoing analysis and feedback from practitioners will be crucial to assess their impact and effectiveness.
India’s criminal laws are shaped by a combination of legislative processes and historical context:
Legislative Process:
Parliamentary Enactment: Criminal laws in India are primarily created through acts of Parliament. The process involves introducing a bill, deliberating it in both houses (Lok Sabha and Rajya Sabha), and obtaining presidential assent. Once enacted, the law becomes part of the legal framework.
State Laws: Some criminal laws are specific to individual states. State legislatures pass these laws, which apply within their respective territories. These laws often address local issues or variations in criminal behavior. Dr. Amartya Sen said that all the states have not been consulted during the formation of the new laws.
Historical Context:
Colonial Legacy: Many of India’s criminal laws have roots in colonial-era statutes. The Indian Penal Code (IPC) of 1860, the Code of Criminal Procedure (CrPC) of 1973, and the Indian Evidence Act of 1872 were all inherited from British rule.
Reforms and Amendments: Over time, India has made significant amendments to these laws to adapt to changing social, technological, and legal contexts. New laws have been introduced to address gaps, modernize procedures, and enhance justice delivery.
Amartya Sen’s views on secularism, social justice, and minority rights have occasionally sparked debates in India. His advocacy for a pluralistic society and criticism of religious intolerance has drawn both support and opposition.
His stance on issues like the Babri Masjid demolition and the Gujarat riots has been met with varying reactions.
