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Central Hall: Why the New Criminal Laws Are a 'Posthumous Tribute to Lord Macaulay'
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- čas přidán 13. 08. 2024
- The new criminal code and the manner in which it was rolled out has already garnered a lot of controversy. While the government has claimed that it wants to get rid of the laws of the colonial era, this promise has not been realised. Only 5-7% has been changed, says Kapil Sibal. The senior advocate discusses how the new laws have held on to their colonial past with three eminent guests.
Congress's Sivaganga MP P. Chidambaram is an eminent lawyer and has held key portfolios in the union cabinet. Chidambaram sheds light on the government aspect of the laws and how they are framed and brought to being.
Justice Madan Lokur is a former a judge of the Supreme Court of India and current judge at the topmost court of Fiji. Justice Lokur has been chief justice of two high courts and was a noted advocate before that. He highlights the constitutional and legal challenges with the new laws.
Justice Mukta Gupta is a former judge of the Delhi high court and had been prosecutor in key cases. Justice Gupta has been speaking on these laws all over the country, also at the IAS Academy.
Join The Wire's CZcams Membership and get exclusive content, member-only emojis, live interaction with The Wire's founders, editors and reporters and much more. Memberships to The Wire Crew start at Rs 89/month. / @thewirenews
This discussion speaks volumes on the "intellectual honesty" on those 3 Professors who drafted the 3 new laws. If, they are "teaching" law in their respective universities, I wonder what clarity will they be able to "expound" or "explain" to their students?
It is like turning "education"/ law upside down!!
Justice Mahata Gupta is an exceptional and confident lady. Sibal should invite her often
Retd. Justice Mukta Gupta is a lady which reads in between the lines and comes out with a new understanding to look into things. Hat's off to her 👌
Justice Mukta Gupta
Justice Gupta stands out best
Wonderful conversation, very informative. Thank you.
Thank you for this wonderful episode. Very informative and analytical
Without discussions like this, how Will general public know about whats happening which are so dangerous to individual rights & previlages. Very worried & depressed about Some of the provisions.
Brilliant discussion!!
Very timely conversation. Deserves a much wider audience.
This program must be either remade in Hindi or translated in Hindi, as well as in other Indian languages. This is a very serious issue, and people must be made aware of its implications.
Professor Faizan Mustafa in his CZcams channel "Legal awareness web series" will make video in Hindi. He had said it in his last video.
Excellent program by the team 🎉
Thanks
Kapil Sir u r doing yeoman service by hosting such wonderful talks . I m really surprised that how do u find time for these talks. We all r extremely thankful to u
Thank you panelists for your insights, views and discussions.
Well done, well done Mr Sibal. Very necessary & eye-opener - the discussion.
Kapil Sibal sir, deep respect at your esteemed knowledge.
Wow, just loved the wisdom
Well done Mr. Sibal taking up these important topics
Wonder what havoc these laws will unleash upon people of J&K. My own fenced land was annexed illegaly by ex DIG and refused to give back. The whole revenue deptt is in his pocket and wen I complained, the whole system is channelling its efforts NOT to give my land back, but finding errors whatsoever in my documents! The custodians of govt land paid to safeguard the govt property look other way wen the same man usurped even the public foot path and bus stand! And guess what, its me who is working hard to ay taxes to govt so that such crooks are fed to loot me! High time we move away.
The discussion seems too technical with participants picking up finer points of law that they can do being some of the best legal experts of our country. Sibal should have kept the discussion general and simpler to understand for the viewer covering broad points of critique of the new laws.
Meaningful analysis!
These laws exposed incompetency of those who have made them.
All the participants are eminent justices and lawyers, justice Mukta Gupta interventions and detailed explanations were highly appropriate 🙏
Lord Macaulay has always been projected in bad light in the context of British Raj vis a vis India but he has laid the foundation of Justice in this country and now 95% of British Raj laws are applied as "cut and paste" with just an alteration of Bharat in place of India,,,,what a travesty
YOUR DISCUSSION IS CONFINED TO THE NEW LAWS, BUT NOT TAKING INTO ACCOUNT, THE INTENT, MINDSET AND BACKGROUND OF THE INDIVIDUALS INVOLVED, IN CONCEIVING THE IDEA, PROPOSING AND ,PASSING IN PARLIAMENT WITHOUT DISCUSSION BY KICKING OUT THE OPPOSITION. PERHAPS, YOU SHOULD DEDICATE ONE EPISODE FOR THIS.
These laws are a perfect reflection of what happened and is happening in Guajarat from the last 25 years
An excellent discussion. Very informative.
The whole idea of these laws is to increase money pipeline from police to ministers.
Care to explain how ?
@@sanjay7pisces the more ambiguous the laws are, the more out of court settlements to take place even before the procedure enshrined in the CrPc takes its place !
Before you state that out of court settlements do not take place in criminal cases, indeed they do not and that makes the law worse since even before filing FIR and start of investigation, money would come into play! It was already in play and now more so for laws with so much ambiguity!
@@parthivchakraborty8253 laws are not ambiguous as long as they're is implemented in letter and spirit. The troll says it will increase money pipeline from police to ministers and yet neither you nor he has substantiated that with any concrete evidence other than rhetorical mumbo jumbo. Bhartiya Nyay Sanhita is still in the nascent stage and any comment about its efficacy as such an early stage is misconceived. and even in days of IPC corruption was rampant. And as far as ambiguity is concerned, let courts decide.
@@sanjay7pisces how will they be implemented well when the laws itself are ambiguous!?
The relationship of cause and effect is clear and has been made clear by advocates, be it right/left or centre leaning, in so many numerous videos.
In fact I as a law student am aghast at some of the material discrepancies that are blatantly understood.
Money factor played into the criminal legal system but there is a scope for it more so now that the laws are not very consistent with other provisions, before/after the amendment.
I explained sufficiently or may even cite some videos for your reference.
Tell me how, even if implemented in letter and spirit they shall stand their grounds, when laws themselves based on which implementing is caused , are ambiguous !?!?
👏💯👏💯👏💯👏 Excellent Show
These laws have been modified to assist the ruling party and influential to walk all over the common citizens of this country. Great discussion!
Is home minister has time to listen these legendary’s voices
He is the architect of all the retrograde stuff
I as a ex- police offficer and going through the discussions and listening their versions in the discussions it has observed that this new laws are have lapses many provisions to be enacted or revision and maximum liberty has been given to the police officers to exercise their powers
Insightful analysis
Europe is going under civil unrest. So we need stricter laws to avoid this situation in India. Innocent population need this.
Yes true its Bhartiya punishment act!
The discussion hosted by The featuring advocates and two retired judges critically analyses the recently introduced criminal laws in India. The central theme is that these laws are considered a posthumous tribute to Lord Macaulay, the British architect of the Indian Penal Code (IPC). The panelist's argue that the new laws reflect a colonial mindset, failing to address contemporary societal needs and justice requirements
Excellent discussions, but I often find what are the corrective actions.
Pl correct the title by replacing Lors Macaulay by Lord Manu.
Incomplete introduction of p chidambaram , Sibal didn’t mention he being out on bail
Important decision
Sir,in P Chidambaram the spirit of lord Macaulay still found in his body,who enacted draconian UAPA,thankful to God this man was victimised by his own enacted law,this man also enacted Enemy Property act against his own client's interest
The fact that these British Raj' admirers-subjects assemble to discuss the present criminal laws is by itself an endorsement of the govt. claim that the laws are an effort toward decolonization.
Misuse of law by police whether the police can be made liable? And punished?
I don't know anything about law, but I have become a victim of identity thefts, my aadar details have been used to comit illegal activities like money laundering, and drug Smuggling. I'm aadar details are used in states I have never been to., what happens to innocent people like me, When my name gets linked to such activities, who has leaked my aadar info, will their new draconian laws affect people like me.
The two politician lawyers on the program, that includes the anchor, are least qualified to even speak on this subject. They have long been part of the governments at the Centre and party to enactment and/or implementation of atrocious laws. Specifically, what was there stand on sedition law being applied on the Kudankulam nuclear plant protest case? They were part of that Manmohan Singh government. Had they protested? What public morality does Mr. Chidambaram has when he dons lawyers gown to defend Coca Cola company when protest have been going on about the damage they were causing in Kerala and other places to the water economy and soil pollution?
All cases will be registered and investigated by Gujrat police
Sibal and PC - why did you not fix things when you were in power? You squandered years of administration without embarking on basic reforms of the law. You in fact laid the foundation for the draconian laws of today. It's not clear whether you'd do anything even if you return to power.
Hon Shri Amit Shah doesn't know the importance of lord Macaulay Indian penal code and criminal procedure code and evidence act but new version of New law in Hindi and lacking in rules of life and liberty of human beings
23::59.... इस नये देशद्रोह के कानून अनुसार क्या अदानी share price manipulation मामले में अदानी के उपर आतंकवादी अपराध मानकर कोई जाँच कारवाई गिरफ्तारी होगी? या हिंडनबर्ग जैसों को फसाने के लिए ये सब किया जा रहा है।
share market में हर हफ्ते weekly contract expire के दिन हर गुरुवार को होने वाले बड़े बड़े उतार चढ़ाव, मतलब बाजार दस बीस मिनट में for no reason सौ देडसौ point उपर जाता हैं, फिर कुछ देर बाद फिर से बाजार एकदम से for no reason देड सौ दो सौ point निचे आता हैं, ये निवेशक को देश को होने वाला आर्थिक नुकसान क्या आतंकवाद कि श्रेणी में मानकर जाँच होगी?
Hon'ble P.Chidambaram & Hon'ble K.Chidambaram ,
I hope you've both liked my Articulation
However, How is Hon'ble finance minister madam Nirmala sitharaman?
Thank you
25:06 Not just tweets, WhatsApp Insta Status Arrest have happened, Which Are Private Spaces only available to specific access followers and known contacts. CZcams comments soon ! Live Chats A Near Reality...
Means mockery of laws made by vested interests or overburdened court to again set right procedures
One judge of punjab and haryana High court vehemently supporting these fascist laws increase materials may be discussed
Magistrates,now a days not so fearless(क्षमा के साथ)
India is। गुजरात के उपनीवेश । भारत के राज्य नहीं
These people are sort of mocking and being supercilious about the exercise. It speaks very poorly of all of their attitudes and dispositions. Why should there be a total overhaul including of punctuation marks. Most are well thought out and we'll drafted points - Macaulay or whatever. Only points which required change with the change of times and relevance have been either dropped or changed. At least the BJP did it , call it old wine in a new bottle , but they did it. Unlike the Congress which allowed status quo to continue without even a token revision.
Even the birtishers would b shocked nd must b contplating like we also couldn't think in this way otherwise we could've ruled some more years ...
They hv made mockery of legal system then people will vome and blame judiciary nd advocates for not administering them justice..
Police only can make an arrest
1)if all state assembly (2/3) pass a resolution
2)If state aseembly debate on the floor of the house to areest person A with 2/3 majority
(Just a thought)
(Lawyesrs Take olease)
Thank you😂😂😂😂😂
Kuch kam to kar rhe hai, kab se committees ne bola hua hai to update crpc. Fir online is so obvious, kash aapne kuch kam kiya hota.
Union of states= 1 sttate police has no jurisdiction to arrest a person in another state
(Just a thought)
(Lawyers take please)
Thank you
अलाही हीफाजतफरमाऐ अलाही गफुरुरहीम है🤲☝ 💐
❤😂🎉
Hindi-izing the criminal laws reeks of Hindi imperialism; South Indians never like that. This also undermines the 'unity and integrity' of India. These should be withdrawn/repealed forthwith. Status quo as before 30 June 2024 be restored. For more than a century we have been remembering/saying Section 302 of IPC is for murder. Now we must search and see if it is 101/102 or 103, etc.; common man can never learn an iota of law even.
Sivagangai not sivaganga
How can chidambaram who spearheaded the most ghastly assault on tribals, the commander in chief of salwa judum and operation green hunt open his mouth on the subject ? Hypocrisy at its height !
What an informative discussion. Even a layman like me can understand the serious implications of the new laws. Let God save India. In their terminology BHARATH 😂
Me. Sibal .. poor volume! ! Most of your shows!!
Ab politician bhi anchor waah re
इसमें कोई भारतीयता नहीं झलकती! मनुस्मृति का इसमें अंश नहीं है!! आरएसएस तो नाराज हो जाएगी!!!
What is the definition of a police state ? 😮please list out Exhastively😅
थोड़ा साऊंड तेज रखें सर ।
It appears, as 90 percent of old law is there in new law ,only objection is to word 'Bharatiya'.India is coined by British and to change is betrayal of His/ Her majesty.
Tell us, what is the use of these discussions? You are all eminent legal experts. What can you, when you know it is so wrong, do to bring about corrective changes?
मुझे तो तभी आभास हो गया ट्रंप पर हमला होगा जब ट्रंप खुलासा करा के Isis कौन बनाया हे
अमेरिकी सरकार विरोधी बयान यह
LAWS ARE MADE CRITICISED BY THE OPPOSITION PARTY LEADERS AND LAWYERS,
TRUTH IS THE LAWS BE
MADE FOR THE PEOPLE
WHO ELECT THE GOVERNMENTS THESE ARE FOR THE PEOPLE TO, PLANE) GOVERN, HONESTLY THE LAW MUST BE STRAIGHT ( PLAIN ) WHICH PEOPLE CAN EASILY UNDERSTAND AND ABIDE BY.
Wire s presentions r irrelevant
We Asians believe in reincarnation ,
Sibal refers to Sedition and Police custody.
As between Indians or say British or Americans:
Which counties' youth, with their parents, stand like orphans, in half-trousers thru nights, on the platforms abutting those countries' high commission or embassy to somehow move over to those countries and settle?
Bend backwards to get nominated for western awards or at least their claps, like bollywood beggars?
Is it Indians or the British or Americans?
Therefore, all the reasons why the British had such provisions continue to exist.
These self-centred & greedy luminaries appear to be self contradictory as they, on the one hand, say that 85 - 90 percent of the new laws are cut & paste of the old ones & on the other they are busy criticising the new laws with aspersion. Fact of the matter is that greedy & immoral lawyers won't get much of the opportunity to extract money from their clients by giving them 'tarikh par tarikh'. Top ranking lawyers never think of the poor.