BREAKING | Catholic Lawyers in India Warn of New Laws’ Impact on Marginalized Communities | Juris Spectra

New Delhi, August 2024 — The Delhi Lawyers Forum, a group of Catholic lawyers who are also priests and religious, convened a one-day seminar at the Indian Social Institute to address concerns over newly enacted criminal laws in India. The seminar aimed to educate clergy and religious leaders about the potential impact of these laws on minority communities, including Dalits, Adivasis, and other marginalized groups.

The forum, held on August 26, featured members practicing in various courts across Delhi, including the Supreme Court of India. It is affiliated with the National Lawyers Forum of Priests and Religious, an organization providing legal services to poor and marginalized communities across India, regardless of caste, creed, or religion.

The primary focus of the seminar was the Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), which replaced the Indian Penal Code of 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872, respectively. These laws, which came into effect in July 2024, have sparked significant debate, with concerns about their potential misuse against vulnerable groups.

Participants expressed fears that the new laws could be exploited by right-wing groups to further oppress marginalized communities. The expansion of police powers, including increased discretionary authority, reduced judicial oversight, and provisions for preventive detention and warrantless searches, were highlighted as particularly troubling. These changes could disproportionately affect minorities, who are already vulnerable to systemic bias.

Despite these concerns, the seminar also recognized some positive changes in the new laws, such as the removal of the outdated sedition law and the introduction of penalties for new categories of crimes, including mob lynching and terrorism. However, the forum emphasized the need for clergy and religious leaders to deepen their understanding of these legal changes to better protect marginalized communities.

The event concluded with a resolution urging continued education and vigilance among clergy and religious leaders to safeguard the rights of those most at risk under the new legal framework.

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