Skip to main content

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

Post a Comment

TRENDING

From Kerala to Bangladesh: Lynching highlights deep social faultlines

By A Representative   The recent incidents of mob lynching—one in Bangladesh involving a Hindu citizen and another in Kerala where a man was killed after being mistaken for a “Bangladeshi”—have sparked outrage and calls for accountability.  
Post a Comment
»

What Sister Nivedita understood about India that we have forgotten

By Harasankar Adhikari   In the idea of a “Vikshit Bharat,” many real problems—hunger, poverty, ill health, unemployment, and joblessness—are increasingly overshadowed by the religious contest between Hindu and Muslim fundamentalisms. This contest is often sponsored and patronised by political parties across the spectrum, whether openly Hindutva-oriented, Islamist, partisan, or self-proclaimed secular.
Post a Comment
»

When a city rebuilt forgets its builders: Migrant workers’ struggle for sanitation in Bhuj

Khasra Ground site By Aseem Mishra*  Access to safe drinking water and sanitation is not a privilege—it is a fundamental human right. This principle has been unequivocally recognised by the United Nations and repeatedly affirmed by the Supreme Court of India as intrinsic to the right to life and dignity under Article 21 of the Constitution. Yet, for thousands of migrant workers living in Bhuj, this right remains elusive, exposing a troubling disconnect between constitutional guarantees, policy declarations, and lived reality.
1 comment
»

Aravalli at the crossroads: Environment, democracy, and the crisis of justice

By  Rajendra Singh*  The functioning of the Ministry of Environment, Forests and Climate Change has undergone a troubling shift. Once mandated to safeguard forests and ecosystems, the Ministry now appears increasingly aligned with industrial interests. Its recent affidavit before the Supreme Court makes this drift unmistakably clear. An institution ostensibly created to protect the environment now seems to have strayed from that very purpose.
Post a Comment
»

'Festive cheer fades': India’s housing market hits 17‑quarter slump, sales drop 16% in Q4 2025

By A Representative   Housing sales across India’s nine major real estate markets fell to a 17‑quarter low in the October–December period of 2025, with overall absorption dropping 16% year‑on‑year to 98,019 units, according to NSE‑listed analytics firm PropEquity. This marks the weakest quarter since Q3 2021, despite the festive season that usually drives demand. On a sequential basis, sales slipped 2%, while new launches contracted by 4%.  
Post a Comment
»

Safety, pay and job security drive Urban Company gig workers’ protest in Gurugram

By A Representative   Gig and platform service workers associated with Urban Company have stepped up their protest against what they describe as exploitative and unsafe working conditions, submitting a detailed Memorandum of Demands at the company’s Udyog Vihar office in Gurugram. The action is being seen as part of a wider and growing wave of dissatisfaction among gig workers across India, many of whom have resorted to demonstrations, app log-outs and strikes in recent months to press for fair pay, job security and basic labour protections.
Post a Comment
»

India’s universities lag global standards, pushing students overseas: NITI Aayog study

By Rajiv Shah   A new Government of India study, Internationalisation of Higher Education in India: Prospects, Potential, and Policy Recommendations , prepared by NITI Aayog , regrets that India’s lag in this sector is the direct result of “several systemic challenges such as inadequate infrastructure to provide quality education and deliver world-class research, weak industry–academia collaboration, and outdated curricula.”
Post a Comment
»

The rise of the civilizational state: Prof. Pratap Bhanu Mehta warns of new authoritarianism

By A Representative   Noted political theorist and public intellectual Professor Pratap Bhanu Mehta delivered a poignant reflection on the changing nature of the Indian state today, warning that the rise of a "civilizational state" poses a significant threat to the foundations of modern democracy and individual freedom. Delivering the Achyut Yagnik Memorial Lecture titled "The Idea of Civilization: Poison or Cure?" at the Ahmedabad Management Association, Mehta argued that India is currently witnessing a self-conscious political project that seeks to redefine the state not as a product of a modern constitution, but as an instrument of an ancient, authentic civilization.
Post a Comment
»

Why experts say replacing MGNREGA could undo two decades of rural empowerment

By A Representative   A group of scientists, academics, civil society organisations and field practitioners from India and abroad has issued an open letter urging the Union government to reconsider the repeal of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) and to withdraw the newly enacted Viksit Bharat–Guarantee for Rozgar and Ajeevika Mission (Gramin) Act, 2025. The letter, dated December 27, 2025, comes days after the VB–G RAM G Bill was introduced in the Lok Sabha on December 16 and subsequently approved by both Houses of Parliament, formally replacing the two-decade-old employment guarantee law.
Post a Comment
»