Article 21 'overturned' by new criminal laws: Lawyers, activists remember Stan Swamy

By Gova Rathod*

The People’s Union for Civil Liberties (PUCL), Gujarat, organised an event in Ahmedabad entitled “Remembering Fr. Stan Swamy in Today’s Challenging Reality” in the memory of Fr. Stan Swamy on his third death anniversary. The event included a discussion of the new criminal laws enforced since July 1, 2024.

At the start of the event Fr. Cedric Prakash spoke about Fr. Stan Swamy, a fearless defender of tribal rights in Jharkhand, who was arrested by the NIA in 2018 in the context of the Bhima Koregaon case.

Human rights defenders and members of political parties across the nation had protested the arrest of the then 81-year-old activist who had worked tirelessly with Adivasis to defend their rights. He passed away on July 5, 2021 at the Holy Family Hospital, Mumbai, due to complications related to Covid while still under arrest, said Prakash.

Advocate Lara Jesani of the Bombay High Court delivered the keynote address and discussed the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) which have replaced the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act, respectively and their implications for citizens’ rights.

She expressed serious concern regarding the manner in which the Law Commission was bypassed, views of public and experts not considered in the process of overhauling the criminal jurisprudence of the country, by just entrusting the task to a five member committee.

It was strange that when 80-85% of the BNS, BNSS and BSA was taken verbatim from the erstwhile CRPC, IPC and the Indian Evidence Act and just reorganised, rather than “decolonised” as claimed, that the laws were replaced when the limited changes could have been brought through amendments as was being done from time to time, she added.

While examining the new criminal laws, Jesani expounded on the issues they throw up, some key ones being:

(i) the discretion given to the police to conduct a preliminary investigation before deciding whether an FIR should be filed,

(ii) the vagueness in the number of days of police custody that could be granted which could result in a situation where the earlier provision limiting to the first 15 days could be now extended to 60 or 90 days, and thereby almost pre-closing the possibility of bail during this entire period

(iii) the introduction of provisions from anti-terror law UAPA into the BNS, the introduction of the controversial sedition-like law in a graver and more dangerous form,

(iv) criminalisation of hunger strike by protestors, and

(v) the admissibility of electronic evidence without any safeguards for privacy and data protection or procedures for seizure of devices and integrity of device and data, and other provisions which give arbitrary and sweeping powers to the police.

The way Stan Swamy was incarcerated shows, new criminal laws could be used to snatch away civil liberties and fundamental freedoms of citizens

Jesani said that not only would these ill-conceived changes brought about through the new criminal laws lead to chaos in court and increased litigations in an already stressed legal system, but they are regressive and contradict the law laid down in several landmark Supreme Court judgements like in the case of DK Basu, Joseph Shine and Lalita Kumari, and are violative of fundamental rights enshrined in the Indian Constitution.

Activist Nirjhari Sinha spoke on how these laws could be used to curtail the freedom of speech, especially of independent media and fact-checkers. The window of 15 days given to the police to investigate and ascertain prima facie the commission of an offence would have far-reaching implications on ensuring justice in cases of sexual violence.

Advocate Amrish Patel emphasized how the procedural law in the earlier criminal jurisprudence flowed from Article 21, which has been overturned by the new laws.

Advocate Shamsad Pathan said that the struggle of the minorities to make their voices heard in the context of the spread of hate speech and targeted violence would be seriously affected as a result of the sweeping powers given to the police in the new criminal laws.

Activist Kishor Chaudhury said that the impact of the new laws was already being felt in the Adivasi community. The police already cited the new laws when the Adivasi organizations informed them about the Indigenous Day celebrations on 9th August; and that Adivasis should limit to their ‘cultural programmes’ on this day and not any political demonstrations.

Trade union leader Ashim Roy was positive that the various stakeholders, especially the legal fraternity and civil society activists, would stand up against the new criminal laws and spearhead a collective, democratic and transparent process that would compel the government to withdraw the new criminal laws.

I told the meet that the manner in which Fr. Stan Swamy was incarcerated under draconian laws were an indication of how the new criminal laws could be used to snatch away civil liberties and fundamental freedoms of citizens.

I expressed my apprehension that the changes in procedural law as envisaged in the new criminal laws could have serious implications on laws like the SC&ST (Prevention of Atrocities) Act. The new laws would be instrumental in suppressing the on-going struggles of the Dalit and Adivasi communities for justice.

---

*PUCL Gujarat, General Secretary

Comments

'Tax the top': Nationwide protests demand action as 1% control 40% of India’s wealth

By A Representative Civil rights groups across the country observed the martyrdom day of Bhagat Singh on March 23, as people from diverse backgrounds united to raise their voices against growing economic inequality. The mobilisations marked the launch of a nationwide campaign against inequality, running from March 23 to April 14 (Ambedkar Jayanti), under the banner of the “Tax The Top” campaign.

Fair prices, fresh produce: Vegetable market opens in Rajasthan tribal village

By Vikas Meshram* On 18 March 2026, the tribal village of Sajjangarh in southern Rajasthan witnessed the grand and dignified inauguration of a new vegetable market (mandi). Established through the tireless joint efforts of the Krushi Avam Adivasi Swaraj Sangathan (Bhilkuaan) and Vaagdhara, under the active leadership of the Gram Panchayat of Sajjangarh, the market is being hailed as a cornerstone for local self-governance, self-reliance, and a sustainable rural economy.

When democracy becomes a performance: The Tibetan exile experience

By Tseten Lhundup* I was born in Bylakuppe, one of the largest Tibetan settlements in southern India. From childhood, I grew up in simple barracks, along muddy roads, and in fields with limited resources. Over the years, I have watched our democratic system slowly erode. Observing the recent budget session of the 17th Tibetan Parliament-in-Exile, these “democratic procedures” appear grand and orderly on the surface, yet in reality they amount to little more than empty formalities. The parliamentarians seem largely disconnected from the everyday struggles faced by ordinary exiled Tibetans like us.

Study links sanctions to 500,000 deaths annually leading to rise in global backlash

By Bharat Dogra International opinion is increasingly turning against the expanding burden of sanctions imposed on a growing number of countries. These measures are contributing to humanitarian crises, intensifying domestic discord, and heightening international tensions, thereby increasing the risks of conflicts and wars.

Ex-IAS Atanu Chakraborty and a tale of two different Gujarat vision documents

By Rajiv Shah The likely appointment of Atanu Chakraborty as HDFC Bank chairman interested me for several reasons, but above all because I have interacted with him closely during my more than 14 year stint in Gandhinagar for the “Times of India”. One of the few decent Gujarat cadre bureaucrats, Chakraborty, belonging to the 1985 IAS batch, at least till I covered Sachivalaya was surely above controversies. He loved to remain faceless, never desired publicity, was professional to the core, and never indulged in loose talk. When he neared retirement, which happened in April 2020, first there were rumours in Sachivalaya that he would be appointed SEBI chairman, and then there was talk he would be chairman (or was it CEO?) of Gujarat International Finance Tec (GIFT) City (a dream project of Narendra Modi as Gujarat chief minister, which as Prime Minister Modi wants to promote, come what may). But, for some strange reasons, and I don’t know why, none of this happened, despite the fact...

Witnessing Iran beyond propaganda: Truth, war, and the path beyond western paradigm

By Naile Manjarrés On June 23, 2025—marked as the 2nd of Tir, 1404, on the Persian calendar—a ceasefire between Iran and Israel was announced. This "night of the decree" shifted the trajectory of global affairs; although the world may appear unchanged on the surface, we have yet to fully grasp its impact.

Environmental expert urges policy overhaul as forest and water resources face critical decline

By A Representative On the occasion of World Forest Day and World Water Day , observed on March 21 and 22, environmental voices from the Western Ghats have issued a stark warning to the Union government, calling for an urgent paradigm shift in how India manages its interconnected natural resources. In a formal communication addressed to Union Minister for Jal Shakti , Sri C R Patil , and Union Minister for Forest, Environment and Climate Change , Sri Bhupendra Yadav , policy analyst Shankar Sharma has highlighted a growing disconnect between sectoral policies and the holistic reality of resource governance.

Gujarat cadre to HDFC: When bureaucratic style hits corporate walls

By Rajiv Shah I was a little amused by the abrupt March 17, 2026 resignation of Atanu Chakraborty —a Gujarat cadre IAS officer of the 1985 batch who retired from the government in 2020—as chairman of HDFC Bank . Much of what may have led to his decision to quit this ostensibly high post—actually a non-executive, part-time role—is by now well known. I followed most of it online with considerable interest, partly because I had interacted with him umpteen times during my stint as The Times of India correspondent in Gandhinagar from 1997 to 2012.

A 366-metre gap, a million commuters affected: Kolkata metro delay hurts public interest

By Atanu Roy* Compromising the interests of ordinary people, the authorities concerned in West Bengal appear to be playing with the timeline of the Kolkata Metro’s Orange Line project , turning what should have been a transformative public transport corridor into a prolonged ordeal for commuters.

Search This Blog