Late last month in New Delhi, India, the parliament passed two sets of controversial legislation that critics argue could greatly increase police powers and facilitate mass surveillance.
The first set of laws, Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) of 2023, will replace the colonial-era laws of India Penal Code, the Code of Criminal Procedure and the Indian Evidence Act. Home Minister Amit Shah emphasized that the new bills will free citizens from “the colonial-era mindset and its symbols,” but critics argue that the legislation is more draconian than the laws they are replacing. They see the changes as fitting into the ruling party’s larger project of Hindu nationalism.
The second piece of legislation, the Telecommunications Act of 2023, seeks to modernize India’s century-old telecom law. However, some experts warn that the new bill will enable indiscriminate surveillance and erode privacy.
The laws were passed without substantive debate in the parliament, leading to accusations that the government of Prime Minister Narendra Modi pushed through the laws without adequate scrutiny. They are scheduled to be rolled out in phases by December 2024. However, the government has not yet notified the implementation of the Telecoms Act.
The new laws significantly increase the period for which police can seek direct custody of an accused before they are sent to jail, from 15 days to up to 60 days. This could make it more difficult for individuals to obtain bail, leading to concerns about personal liberty. Human rights activists have highlighted how most cases of torture usually happen in police custody.
Sedition laws, which were temporarily suspended by India’s Supreme Court in 2022, have made a comeback in a more draconian form through the new criminal code. The definition of “terrorism” has also been widened within the ordinary penal code, raising concerns about potential misuse.
Experts are concerned that the new laws, along with their additional provisions, may lead to setbacks and delays in legal proceedings. The new Telecommunications Act also raises privacy concerns, as it could potentially extend government control over the internet and break encryption.
Overall, critics argue that the new laws threaten civil liberties and could have far-reaching consequences for India’s legal and telecommunications systems. They have also expressed concerns about potential misuse, placing individuals’ rights and privacy at risk.