On Monday, July 15, 2024, Delhi lawyers held a protest against the three new criminal laws that came into effect from July 1, 2024, by abstaining from work. The lawyers are demanding amendments to some of these laws, citing resentment among the legal fraternity and the public.
Protest and Demands
Advocate Jagdeep Vats, Chairman of the Coordination Committee of the Bar Association Of Delhi, stated that all district courts in the state were on strike in protest against the three new criminal laws. He emphasized that there are many laws that require amendments and expressed hope that the government would bring about changes in these laws.
Karan Tarkar, Member Executive of New Delhi Bar Association, reiterated the demand for amendments, saying that the lawyers hope the government will think about it and introduce changes in the provisions of the three new criminal laws.
Background
The All India Bar Association (AIBA) had written a letter to Prime Minister Narendra Modi on Friday, suggesting that for effective implementation of the new criminal laws, there is a need to increase the strength of police personnel, judicial officers, public prosecutors, managers for court management, Forensic Science Laboratories (FSL), and evening courts.
Key Provisions of the New Criminal Laws
- FIR is to be recorded within three days of complaints submitted through electronic communication.
- The competent court has to frame charges within sixty days from the first hearing on the charge.
- Trial in absentia against proclaimed offenders can be held after ninety days from charge framing.
- The criminal courts have to pronounce judgments within 45 days after a trial stands concluded.
- Judgments have to be uploaded on the respective portals within seven days from the date of pronouncement.
Reactions and Criticisms
Two lawyer associations with more than 13,000 members in India’s southern state of Tamil Nadu have announced plans to boycott court work in protest against the laws. Human rights group Amnesty has demanded that Indian authorities “immediately repeal” the new laws, citing concerns about police abuse.
The Indian government, on the other hand, has stated that the new laws are “victim-centric” and will make the system “most modern” in the world. The government has also claimed that thousands of judiciary officials, public prosecutors, and police officers have been trained in how to apply the new laws.
State-Level Reactions
In Karnataka state, the government has said it will make more than 20 changes to the new laws, criticizing provisions it says even criminalize a hunger strike against the government in protest.
The protest by Delhi lawyers is a significant development in the ongoing debate about the new criminal laws in India. As the legal fraternity and civil society continue to express their concerns and demands, it remains to be seen how the government will respond to these issues.
Reactions from Lawyers and Activists
Karan Tarkar, Member Executive of New Delhi Bar Association, said that they hope the government will bring changes in the three criminal laws. Delhi-based lawyer Shadan Farasat expressed concerns that the new laws will increase and complicate work for lawyers, and that many provisions will need to be interpreted afresh by courts, which could increase litigation.
Human Rights Concerns
Human rights group Amnesty has demanded that Indian authorities “immediately repeal” the new laws, citing concerns about police abuse. They argue that the laws could allow for police abuse, particularly with regards to the provision that allows police to seek the same maximum 15-day custody as earlier but over a longer time frame.
Government Response
The Indian government has stated that the new laws are “victim-centric” and will make the system “most modern” in the world. They claim that thousands of judiciary officials, public prosecutors, and police officers have been trained in how to apply the new laws.
FAQ’s
- Q: What is the reason behind Delhi lawyers’ protest? A: Delhi lawyers are protesting against the three new criminal laws that came into effect from July 1, 2024, and are demanding amendments to some of these laws.
- Q: What are the key demands of the lawyers? A: The lawyers are demanding amendments to the three new criminal laws, increase in the strength of police personnel, judicial officers, public prosecutors, managers for court management, Forensic Science Laboratories (FSL), and evening courts.
- Q: What are the concerns about the new laws? A: The lawyers are concerned that the new laws will give excessive powers to the police, increase litigation in an already overburdened justice system, and complicate work for lawyers.
- Q: What is the government’s response to the protest? A: The Indian government has stated that the new laws are “victim-centric” and will make the system “most modern” in the world.
- Q: What is the impact of the protest on the courts? A: The protest has resulted in a strike by lawyers in seven district courts around New Delhi, with many cases not being argued and lawyers seeking adjournments.
- Q: What is the All India Bar Association’s (AIBA) stance on the new laws? A: The AIBA has written a letter to Prime Minister Narendra Modi suggesting that for effective implementation of the new criminal laws, there is a need to increase the strength of police personnel, judicial officers, public prosecutors, managers for court management, Forensic Science Laboratories (FSL), and evening courts.
