The Tale of India’s New Legal Turns

Silencing the Chorus of Democracy?

Newsreel Asia Insight #34
Nov. 4, 2023

Imagine waking up one morning to find that the rules of the game have changed — not just any game, but the one that governs how you live, what you can say and how you say it. This is a reality unfolding in the wake of three new Bills recently introduced in the Lok Sabha.

These are not just any Bills. They are the kind that can redraw the lines of freedom and authority in India. They propose to replace age-old pillars of Indian law: the Indian Penal Code (IPC), the Indian Evidence Act (IEA) and the Criminal Procedure Code (CrPC). These are the laws that tell you what’s right and wrong and what happens when lines are crossed.

First, consider the issue of speaking up — something we do when things don’t seem right. The new laws could turn this basic right into a perilous act.

Six of the changes aim directly at the heart of dissent, notes G. Mohan Gopal, an advocate of the Supreme Court of India, in an in-depth op-ed published by The Wire on Nov. 1. Raise your voice a tad too high, and you might just find yourself on the wrong side of the new legal fence.

Then there’s the matter of policing. Five changes within these Bills could give the police more muscle, Adv. Gopal points out. That’s more power to the authorities to decide what’s good for you, what’s safe for you — even when you think otherwise.

And what if you’re labelled a troublemaker for standing by your democratic views? The Bills suggest tougher times ahead for dissenters. Think longer detentions and sterner faces across interrogation tables. It’s the kind of script that makes for a gripping movie, except this could be the reality for the citizens.

There’s more. Imagine a state of emergency where normal rules are suspended — except, in this new world, such powers could become a permanent fixture. It’s like having a dam with the floodgates left open, and the checks and balances that should be there... aren’t.

Now let’s talk about terrorism. The word itself is enough to bring an unsettling feeling. The new Bills widen this term to possibly include the non-violent protest. Suddenly, holding a placard with a powerful slogan in a peaceful march could be seen through the same lens as an act of terror.

Remember the old sedition law that got scrapped? It’s making a comeback in a new avatar, with Clause 150 of the “Bharatiya Nyaya Sanhita Bill,” what’s currently the IPC. It’s like a long-gone relative who returns with a new name but brings the same old trouble.

And when it comes to organised crime, the lines could blur with political opposition. Challenge the status quo, and you might just find yourself tagged under a new definition of “organised crime.”

If this weren’t complex enough, the new anti-terrorism provisions overlap with Unlawful Activities (Prevention) Act but without the same safeguards. So, you could end up being punished twice for the same crime — a judicial double whammy.

All this may sound like the plot of a dystopian novel, where the heroes are silenced, the protectors become overbearing, and the hope of social reform is squashed under the weight of preserving the status quo.

The unsettling part is the absence of clear constitutional guardrails. These new laws seem to go around the usual checks and balances like a river bypassing a dam. They are seen by some as not just bending the rules but rewriting them in a way that could undermine the very foundation of democracy.

Let’s step back and look at this canvas. This isn’t about legal jargon or complex courtroom debates. It’s about how everyday lives could be wrapped in a new set of rules that touch everything from what you can say on social media to how you protest for more trees in your neighbourhood.

In a democracy, the power lies with the people — at least, that’s the theory. Laws are meant to protect and empower, not to stifle and control. But the path these new Bills propose seems different, winding away from the essence of democratic freedom. They propose a world where the government has a tighter grip on what can be said or done.

In this story, you’re more than a bystander. You’re the protagonist because these changes will affect you, your neighbours, your family and everyone you know. They’ll influence the way you think about your rights, your freedom and your power as a citizen.

As these Bills traverse the complex corridors of Parliament, the discussion must spill out onto the streets, into homes and across dinner tables. Because it’s not just the lawmakers’ voices that should echo in those halls — it should be yours, loud and clear.

In the shadow of colonial times, laws were forged like chains, meant to silence the cry for freedom and quell the spirit of rebellion. It makes sense, then, that today’s lawmakers would want to cast off these outdated shackles. But, there’s a troubling echo in the halls of power; it’s as though the word “citizen” is still whispered as “subject.” There’s a lingering expectation for obedience, a notion that questioning authority is off-limits, even when the commands issued may lead us down a harmful path. The whisper of the past seems to loom large, suggesting that we march in step, without daring to ask “why” or “at what cost.”