The Parliamentary Standing Committee on Home Affairs has recently adopted three bills to replace British-era criminal laws. These bills aim to modernize and strengthen the legal framework in India. The Bharatiya Nagarik Suraksha Sanhita Bill, 2023, seeks to replace the Code of Criminal Procedure, 1973. The Bharatiya Nyaya Sanhita Bill (BNS) aims to replace the Indian Penal Code, 1860, and the Bharatiya Sakshya Adhiniyam Bill aims to replace the Indian Evidence Act, 1872. These bills were introduced in parliament on August 11 by Union Home Minister Amit Shah. However, all 10 opposition members in the panel gave a dissenting vote.
One notable aspect of these proposed bills is the inclusion of new sections that aim to address crimes against women. These sections specifically target those who marry a woman by deceitful means or false promises of marriage. The punishment for such offenses can be up to 10 years of imprisonment. This provision has been interpreted by some as targeting interfaith marriages, particularly what is known as “love jihad” – a term used by right-wing groups to describe Muslim men seducing Hindu women into converting.
Many people view this clause as a necessary safeguard for girls and women who are sexually exploited under the pretense of marriage or forced to convert. Previously, the Indian Penal Code did not explicitly address sex based on false promises of marriage, and cases were often handled under Section 90 of the Indian Penal Code, which deems consent obtained through misconception of fact as invalid. This led to culprits escaping punishment. The new legislation aims to close this loophole and provide better protection for victims.
Right-wing groups have frequently raised concerns about “love jihad” and accused Muslim men of trapping Hindu women in order to bring about a demographic change. Several incidents have been reported where young girls have been lured, sexually exploited, and coerced into converting for marriage. The introduction of this new clause is seen as a positive step towards addressing these issues and helping vulnerable girls who suffer in silence.
However, there are critics who argue that there is no such thing as “love jihad” and that adults should be free to marry and convert based on their own choices. They believe that criminalizing a promise to marry is an invasion of privacy and interferes with people’s fundamental rights. Some legal experts argue that existing laws already cover offenses such as concealing one’s identity, getting married, and having sex with a woman. They question the need for additional legislation in this regard.
Despite the ongoing debate, it is clear that there has been a rise in allegations of interfaith relationships involving deceit and breach of trust. The proposed new legislation aims to address these issues and provide stronger legal protection. While the opposition may criticize these bills, it is important to adapt the legal framework to cater to the changing social context in the country. The passage of these bills, if done before the 2024 election, is likely to impact the political campaign, with both supporters and opponents voicing their opinions on the matter.
In conclusion, the adoption of these bills by the Parliamentary Standing Committee on Home Affairs represents a significant step towards modernizing India’s criminal laws. The inclusion of provisions to address crimes against women, particularly those involving deceitful marriages, is seen as a positive move by many. However, there are differing opinions on the need for such legislation and its potential impact on personal freedoms. As the debate continues, it is essential to strike a balance between protecting vulnerable individuals and respecting individual rights and privacy.
