“Advocate Faisal Qazi, at the Late Gulzar Azmi Memorial Lecture, discusses how new Indian laws have overturned key Supreme Court rulings, impacting human rights and legal processes.”
At the Late Gulzar Azmi Memorial Lecture, Advocate Faisal Qazi of the Bombay High Court shed light on significant changes in Indian criminal and civil laws. His lecture, held at the SIO office in Kurla, Mumbai, offered a comparative analysis of old and new laws, revealing their impact on landmark Supreme Court decisions.
British Laws Replaced with Indian Laws?
Advocate Qazi highlighted that while British laws have been officially replaced, 75–80% of the old laws remain unchanged. He emphasized the need to scrutinize both the positive and negative aspects of the new laws to understand their implications for ordinary citizens.
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Concerns Over Stringent Punishments
Advocate Qazi expressed concerns about certain harsh provisions in the new laws:
- Marriage Promise Cases: If a man breaks a marriage promise after consensual sexual relations, he can face up to 10 years of imprisonment. This provision has sparked objections due to its severity.
- Mob Lynching: Section 103 treats mob lynching as murder, with penalties including death or life imprisonment.
- Hit-and-Run Accidents: Sentences for hit-and-run cases have been raised to 10 years. Drivers are now legally required to report accidents, although this provision has faced pushback for endangering drivers’ safety.
Police Discretion and Potential Misuse
The new laws grant police greater discretionary power, raising fears of misuse:
- Zero FIRs: While Section 173 promotes zero FIRs, it also allows police to decide between registering an FIR or conducting an inquiry, contradicting the Supreme Court’s judgment in Lalita Kumari vs. State of UP
- Extended Police Custody: The 15-day custody rule has been modified, allowing police to take custody in installments, prolonging the accused’s vulnerability to harassment.
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Trial in Absentia: A Controversial Clause
One of the most contentious provisions, Section 356, permits trials to proceed in the absence of absconding accused individuals. Advocate Qazi compared this to the dystopian scenario in Franz Kafka’s The Trial, where judgments are made without the accused being present.
Reflections on British-Era Laws
Advocate Qazi acknowledged that while the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Evidence Act served India for over a century with minimal amendments, the new laws must strike a balance between reform and fairness.
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The lecture ended with Advocate Faisal Qazi urging legal professionals to critically evaluate the new laws. While they introduce reforms, the potential for misuse and human rights violations cannot be ignored. The recitation of the Holy Quran was done by law student Musab Rizwan Siddiqui and the duties of the moderator were performed by Advocate Wahid Sheikh.
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