MPs from the opposition ask 16 experts for their opinions on 3 newly-drafted criminal codes

In order to get expert opinions on the three criminal codes the government wants to replace, 16 eminent experts, including former Supreme Court justices Fali Nariman and Madan Bhimrao Lokur and former Chief Justice of India UU Lalit, have been invited, according to demands made by opposition MPs who sit on the parliamentary panel on home affairs.

The opposition members from the Congress, Trinamool Congress, Dravida Munnetra Kazhagam, and Janata Dal United have requested the panel’s chairman, BJP MP Brijlal, to take his time and conduct a thorough study of the three legislation that address this.

The proposed measures include provisions that permit online FIRs and add community service to the list of penalties, both of which have received the support of opposition MPs.

According to two leaders of the Opposition, the experts have “domain knowledge” and “years of experience” and could offer the panel, which is considering the three bills—Bhartiya Nyaya Sanhita Bill 2023, Bharatiya Nagrik Suraksha Sanhita Bill 2023, and Bharatiya Sakshya Bill 2023—valuable input.

Brijlal, a former DGP of Uttar Pradesh, received a list of 16 experts on Wednesday from a number of opposition figures, including Derek O’Brien of the Trinamool and NR Elango of the DMK. Several additional experts, including former CBI agents, have previously spoken before the panel. Menaka Guruswamy, a renowned attorney and speaker at prestigious legal institutions, is also on the list of 16.

Concerns have also been raised about a few of the experts who will speak before the panel by certain opposition MPs. Arun Mishra, a former Supreme Court justice, is scheduled to testify before the panel. The judge who earlier referred to Prime Minister Narendra Modi as a “internationally acclaimed visionary” who could “think globally and act locally” is the same one who said it now. Several specialists have also traveled from Gujarat and Uttar Pradesh. However, given the significance of these measures, we need a wide variety of specialists, according to one panelist.

“Jagdeesh Rana, a judge in an Ajmer trial court, was our only witness. We embraced him. However, we should also hear the opinions of previous Supreme Court justices, a second member who is from an opposition party stated.

A BJP MP made the claim during the hearings that the Indian Penal Code, the Code of Criminal Procedure, and the Evidence Act are all “colonial-era legislations” and that new, laws tailored to India are necessary. Elango of the DMK disputed the claim and said that every clause of the original legislation had been preserved in the new laws. According to a senior leader of the opposition, they “conveyed to the chairman that the review should take place for at least 12 to 18 months.” In other words, these laws shouldn’t be approved before a vote.

On September 22, the panel will reconvene, and P Chidambaram, a former home minister, is anticipated to speak. While “reforms are required in our criminal laws, but those shouldn’t be more draconian,” according to the second member quoted above.

The proposed legislation, according to a fourth panelist, should be carefully considered since they have an impact on police, impoverished people, Dalits, adivasis, and minorities.