Parliament Winter Session Day 14 updates | Parliament passes criminal law bills

The Upper House passes the bills to overhaul the criminal laws: Bharatiya Nyaya (Second) Sanhita Bill (BNSS) will replace the Indian Penal Code, 1860; the Bharatiya Sakshya (Second) Bill (BSS) will replace the Indian Evidence Act, 1872; and the Bharatiya Nagarik Suraksha (Second) Sanhita Bill (BNSSS).

Union Home Minister, replying to the discussion on the bills to replace the criminal laws in the Rajya Sabha, says that the new laws aim to provide justice and not mere punishment.

Addressing questions about the need for the new laws, Mr. Shah says, “those people don’t even know the meaning of s waraj (self rule)”. He says the new laws will help deliver speedy justice to the poor.

BJD MP Amar Patnaik says that the new bill to overhaul criminal laws has simplified the access to justice and the affordability of justice system. Highlighting the features of the bill, he appreciates the introduction of community service as a punishment in the new bill.

BJP MP K. Laxman says the government under PM Modi always stands for women’s rights, highlighting the features of the new bill. “Live-in relationships have become threat to harmonious society in the name of liberty, causing harm to the social fabric. Another thing is love jihad. Innocent Hindu girls are trapped in the name of love jihad,” he says and claims that the new Act will deal “effectively with an iron hand” on such issues. The new law will also make the judicial process “time-bound”, he says. 

The debate on the bill to replace criminal laws continues in the Upper House and Tamil Maanila Congress’ G.K. Vasan says that the bill comes at an “appropriate time” in the interest of the people.

He says that the new laws will be a significant shift from the current “colonial laws” to a “more unified, equitable and responsive legal framework that aligns the current concerns and growing social standards”. He also says that the new laws are sensitive to the challenges of the day such as “terrorism, mob lynching and cybercrimes”.

BJP’s Biplab Kumar Deb says that the bill was a shift from colonial laws and thanks the Centre for making laws for the common people of the country. He says that the laws have been made in the interest of the country. 

Telugu Desam Party (TDP) MP Kanakamedala Ravindra Kumar says that the three new legislations reflect a “holistic approach” to reforming the criminal justice system in India. “By embedding transparency, accountability, efficiency and modernisation into the provisions, these laws pave the way for just, responsive and contemporary legal landscape that can better meet the needs of the Indian society,” he says. 

He also praises the “large emphasis” on the use of digital technologies in the criminal judicial systems. He welcomes the introduction of community services as punishment but points out that the ambit of community service should be determined.

BJP’s Rakesh Sinha, speaking on the debate on the criminal laws in Rajya Sabha, says decolonisation has been one of PM Modi’s top priorities. 

“Narendra Modi is the only PM in independent India, who brought in ideological, societal and cultural independence. He made it one of the prime priorities of his governance. Decolonisation is something that the world is also seeking. PM Modi has been able to establish that if the country is to progress it must detach itself from the colonial landscape,” he says.

AIADMK MP Thambidurai, speaking in the Rajya Sabha during the debate on the three criminal laws, says that Tamil language should be used in courts in Tamil Nadu. He reiterates demand for renaming Madras High Court to Tamil Nadu High Court.

Regarding the criminal bills, he says that the age of criminal responsibilities is retained at seven years and extended up to 12 years, “depending on the maturity of the accused”.

“This age is lower than the age of criminal responsibilities in other countries,” he says.

He also says that the recommendations of Justice Verma Committee on gender-neutrality have not been considered. 

Bringing an end to the Winter session of the Lower House, Lok Sabha has been adjourned sine die by Speaker Om Birla

Answering queries on the Bill, Mr.Thakur says, “India has never has higher press freedoms as much as it has now since Independence. This Bill is pro-woman, ease of access and is much needed for today. This will help in establishing a developed India”. 

The Press and Periodicals Bill, 2023 has been passed via voice vote with Prime Minister Narendra Modi present in the House. 

Listing the features of the Bill, Union Information and Broadcasting Minister Anurag Thakur says, “Those who are facing terror charges will not be allowed to run a newspaper. Why oppose this? An online process has been established to set up printing press. We are providing opportunities and not keeping people stuck in bureaucratic process”. 

The Lower House is debating the Press and Periodicals Bill, 2023.

As this bill repeals the Press and Registration of Books Act, 1867, he says, “It is the Modi government’s intention to break way from colonial mentality”. He reiterates the same by highlighting the new criminal laws which focus on justice rather than punishment.

Allaying fears of curbs on press freedom, he says, “It was the Indira Gandhi government which imposed an Emergency and trampled on free press. We are giving opportunities to new people to set up a publication easily online”.

Union Parliamentary Affairs Minister Prahlad Joshi moves to suspend Congress MPs Nakul Nath, Deepak Baij, D.K Suresh for misconduct and storming the Well in the Lower House. The suspension passes via voice vote. 

BJP MP Rama Devi is in the Chair

The Telecommunications Bill was passed in the RajyaSabha after a debate lasting one hour 10 minutes only, during which, other than the Communications Minister Ashwini Vaishnaw himself, only seven MPs spoke.

No Opposition MP participated in the debate.

Replying to the debate, Communications Minister Ashwini Vaishnaw said the Telecommunications Bill 2023 is being brought keeping in mind the aspirations of the new India to replace two colonial-era laws.

“In the last nine-and-half-years, India’s telecom sector has emerged from a very difficult period marred by scams to become a sunrise sector,” the minister asserted.

He also said during the same period, the number of telecom towers has increased to 25 lakh at present from just 6 lakh in 2014 and the number of internet broadband users has increased to 85 crore today from just 1.5 crore before. - PTI

You mentioned that you have discussed the Bill with States, but what did professionals say about it, Mr. Jaleel asks.

The MP also points out that the Editors’ Guild of India has expressed concern over the “draconian provisions of the Bill, that can have an adverse impact on the freedom of the press”.

The Rajya Sabha on Thursday passed the Telecommunications Bill, 2023 to replace the Indian Telegraph Act of 1885, the Indian Wireless Telegraphy Act of 1933 and the Telegraph Wires (Unlawful Possession) Act of 1950.

The Telecommunications Bill, 2023, was approved by the Rajya Sabha through a voice vote. It was passed by the Lok Sabha on Wednesday after a short debate.

The bill aims to amend and consolidate the law relating to development, expansion and operation of telecommunication services and telecommunication networks, assignment of spectrum and connected matters.

According to Union Minister for Information and Broadcasting Anurag Thakur, the Bill will replace an 1867 law brought by the colonial rulers for centralising powers. The new Bill will decriminalise certain provisions in the old law and will help in ease of doing business, he says.

The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 has been passed through a voice vote.

The Bill is biased and the government is bringing it to ensure that the independence of the Election Commission of India (ECI) is finished forever, he says.

“If voters start feeling that the ECI is not an impartial and non-partisan body, the legitimacy of our democracy comes into question.”

Speaking on the Election Commissioners Bill, Mr. Seth calls on Opposition members to witness “historical developments in the era of Amrit kaal”. “Don’t be a disruptor and you too shall reap the benefits,” he says, addressing the Opposition.

Mr. Seth also points to the Opposition benches and says that most of these seats are empty right now, and that the entire Opposition will be gone in 2024 [alluding to the Lok Sabha elections].

In last two days, 12 Bills were pushed through both Houses in the absence of the majority of Opposition members from INDIA bloc parties.

List of Bills to be taken up today:

The Chief Election Commissioner Bill and the Press and Periodicals Bill are listed for discussion and passing in Lok Sabha.

The 3 Criminal Law Bills and the Telecom Bill are listed in Rajya Sabha. 

Question Hour is underway in Rajya Sabha as the Parliament reconvened for the 14th day of the ongoing Winter Session on Thursday. The Upper House is set to take up three criminal law Bills for consideration and passing. The House will also take up the Telecommunications Bill 2023 later today.

The Bill was passed by Rajya Sabha on December 12.

Once approved, the Bill will provide for the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners (EC) by the President on the recommendation of a selection committee consisting of the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister to be nominated by the Prime Minister. For the first time, the Parliament is proposing a structured mechanism for the identification of suitable persons for the post of CEC and EC. However, this Bill removes the CJI from the selection process.

Read more here: On selecting Election Commissioners | Explained

Speaker Om Birla warns MPs D.K. Suresh, Deepak Baij, and Nakul Nath and asks them to refrain from disrupting House proceedings by throwing papers at the staff.

Members are laying papers on the Table.

Opposition members continue to protest as Speaker Om Birla oversees Question Hour proceedings.

“We wanted to raise Parliament security breach issue, why it happened and who is responsible,” said Congress chief Mallikarjun Kharge on Thursday.

“The government does not want House to function; RS chairman brought casteism in Parliament by raising an issue,” said Mr. Kharge.

The Parliament reconvened for the 14th day of the ongoing Winter Session on Thursday.

The three Bills to replace the colonial-era criminal laws, which were passed by the Upper House on Wednesday, will be tabled in the Rajya Sabha on Thursday for discussion and passage.

Opposition MPs resume protests in the House.