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New criminal code raises red flags for civil liberties

Experts warn that the new law's vague provisions may erode civil rights and reinforce authoritarianism

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BNS provisions regarding sedition-like offences may bolster authoritarianism; say experts

BNS provisions regarding sedition-like offences may bolster authoritarianism; say experts

While the Bharatiya Nyaya Sanhita (BNS) aims to modernise India's criminal code, it raises significant concerns about its potential impact on civil liberties and democratic values. Its provisions regarding sedition-like offenses may inadvertently bolster authoritarian tendencies within the state apparatus, reminiscent of the power structures from the colonial era. As Frantz Fanon highlighted, post-independence nations frequently perpetuate and replicate colonial power structures-the sedition-like provision in the BNS illustrate this phenomenon. In a nation grappling with maintaining its standing in the global democracy index and reconciling its democratic ideals with intricate social realities, the implementation of such laws could hinder progress toward a more inclusive and equitable society – says Arun Kumar PK, social science researcher (formerly at JNU, Delhi), based in Kerala.

mid-day had in its article titled 'Draconian provisions of sedition continue in spirit in Nyaya Sanhita' dated July 13, highlighted experts' concern  that  while the word sedition was missing in the new law, its provisions have been retained with enhanced quantum of punishment.

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