India: Penal Code reform raises fears of a more authoritarian judiciary

In India, Prime Minister Narendra Modi is pursuing his plan to "decolonize" the penal code. On Thursday 21 December, Parliament adopted a major reform of criminal laws inherited from the British. Rights advocates, however, fear that the new version could open the door to even more abuses.

With this reform of the Penal Code, Narendra Modi welcomes the disappearance of the controversial laws on sedition. AP - Mahesh Kumar A.

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With our correspondent in Bangalore, Côme Bastin

The three laws adopted introduce many new features: a broadening of the definition of terrorism and the prerogatives of the police, facilitation of trials in absentia or electronic complaints, and increased penalties for lynching or rape.

The texts refer to the country "Bharat", the name "India" being also considered colonial. "This is a decisive moment in our history that marks the end of colonial-era laws," said Narendra Modi, who welcomed the removal of the controversial sedition laws.

Read alsoWill India change its name and adopt "Bharat", a term used in local languages?

According to some legal experts, this reform risks making India's judicial system more authoritarian. For sedition is replaced by a crime of treason deemed vague.

Colin Goncalves, a lawyer at the Supreme Court, fears that the police will make it easier to use torture. "The names of police officers conducting an interrogation will no longer be recorded," he said. Medical examinations every 24 hours are abolished. The maximum period of police detention has been increased from fifteen days to three months. The laws passed by this government are ten times more draconian than previous ones.

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The Indian opposition, which was unable to take part in the debates after being expelled from parliament, will challenge the laws in the country's Supreme Court.

Read alsoIndia: at least 140 MPs expelled from Parliament, opposition denounces "murder of democracy"

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  • India
  • Narendra Damodardas Modi
  • Justice