Karnataka to amend 'anti-justice' provisions in criminal laws

BENGALURU: The state has decided to amend certain provisions of the three new criminal laws, labelling them "anti-people" and "anti-justice".
The new laws - Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam - were enforced across the country Monday. Hours after home minister G Parameshwara declared that state police were adequately trained to implement the laws and would consider reversing certain provisions based on feedback, law and parliamentary affairs minister HK Patil disclosed plans to introduce legislation to amend some controversial sections.
"Under the new law, going on hunger strike protesting the govt's actions and policies is an offence. This is like undermining our independence movement and freedom fighters who used the hunger strike as a weapon against the British rule. So, we've decided to decriminalise it," Patil explained.
He also emphasized that the state govt is entitled to amend these laws under the concurrent list of Schedule 7 of the Constitution. One significant change the state plans to implement is reducing the police-custody duration for accused persons. "The new laws allow police to keep the accused in their custody for up to 90 days; it was 15 days in the debunked criminal laws. Ninety days is quite a long time, and we've decided to reduce this duration," the minister said.
Additionally, the state govt aims to amend the provision enabling investigating agencies to take up suo moto cases against individuals accused of organised crime. Another provision under review is the one that transfers from the courts to police the power to attach properties of accused persons. "This provision gives scope for misuse and also police high-handedness," Patil remarked.
'Suggestions ignored'
Patil also criticized the central govt for ignoring suggestions made by the state for the new laws last Oct. "Union minister Amit Shah in 2023 had asked for suggestions to be incorporated in the new criminal laws. Accordingly, the state govt made 23 suggestions, including attracting criminal proceedings for insulting the national flag, national symbol, and Mahatma Gandhi. But none of them have been incorporated," he alleged.
The minister expressed concern that the recent amendments could result in more inconveniences and potential confusion, noting that the central govt overlooked the opinions of legal advocates. "These amendments will cause more inconveniences than conveniences, besides giving scope for confusion."