Narendra Modi-led BJP government has made many law changes in last 10 years. Apart from the central government, BJP-ruled state governments have also made many changes and brought new laws. In these ten years, many laws of the British rule have also been changed.
According to opposition parties and civil rights activists, many of these changes have led to curtailment of civil rights and more rights for the government. Take a look at legal changes that have impacted ordinary people’s everyday lives.
1. New criminal laws
In December, 2023, central government made massive changes to three basic criminal statutes that have been in place in the country for the past 150 years. These three statutes were – Indian Penal Code (IPC) 1860, Code of Criminal Procedure (CrPC) 1973 and Indian Evidence Act (Evidence Act), 1872. Government said these laws date back to British rule and were designed to rule Indians.
According to many experts, the first thing is that most of the provisions in the new laws are taken from the old laws. Besides, new statutes cover many new crimes. Many experts have expressed concern about the misuse of these laws. For example, the Sedition Act has been removed but provisions have been brought in to “protect the sovereignty, unity and integrity of the country”, experts say, adding that the scope of crime in this law has been kept very large, hence there is a possibility of its misuse. It is more.
A major change has also been made regarding time limits for police detention. According to provisions so far, a person could have been held in police custody for a maximum of 15 days, but now that’s been increased, to 60 and 90 days, according to the severity of the crime. Although some changes are being viewed with hopeful eyes by experts. These can also be useful when infrastructure is in place.
For example, forensic collection of evidence has now been made mandatory in all crimes. Improved use of information technology has been implemented at all levels during case hearings. Also, mandatory time limits are being imposed for investigation and judicial decisions. However the way these statutes have been passed is also being criticized. Speaker suspended 150 opposition lawmakers at the time these three statutes were passed. It was the first time in India’s parliamentary history, when such a large number of suspensions took place during a session. Obviously these bills were not presented to opposition MPs for discussion.
2. Laws related to cow slaughter and cow protection
New laws have either been made to ban slaughter and transportation of cattle in at least five BJP-ruled states or the existing cow protection law has been made more stringent. For example, Karnataka enacted cow slaughter prevention and cattle protection law in 2020, changing its 1964 Act. Cow slaughter was banned in the state before but according to the new law, the state government also banned the slaughter of bulls, bulls and buffaloes under the age of 13.
Six-month sentence increased to seven years in this case. New law aims to ban meat consumption of large animals, although law says nothing directly. New law also impacts buying and selling of cattle and transporting them from one place to another. Such changes have been made in other states like Haryana, Gujarat, Assam and Maharashtra. Seven-year sentence increased to maximum life imprisonment in Gujarat cow slaughter case.
India’s largest state Uttar Pradesh also has a BJP government and many products with Halal certificates have been banned there recently. Although some states in India like Kerala, Meghalaya and Nagaland still do not ban beef, some states’ beef ban laws are still pending in courts. Bombay High Court in 2016 ruled unconstitutional to treat accused as criminals in beef possession case. It’s challenged in Supreme Court and it’s currently pending.
3. Restrictions on internet and social media
In 2021 central government implemented ‘Intermediary Guidelines and Digital Media Ethics Code Rules, 2021. New law curbs what kind of information you can post, or disseminate on social media. It’s seen as an attempt to control news websites and OTT platforms like Netflix to YouTubers. This law was challenged in several High Courts, calling it unconstitutional. Two high courts bar parts of new rules prima facie deeming it a violation of fundamental right to freedom of expression.
Under this law, the government can form a fact checking organization which will check the validity of news, if this organization misrepresents any news then websites, Google, Facebook and internet service providers will have to remove it. Journalists fear government won’t like any news for some reason because of it will be removed. A petition in this case pending in Bombay High Court.
Supreme Court currently stays notification from government’s fact checking unit. On the other hand, orders regarding removal of content on internet and social media have also increased. For example, in India, 3417 X (Twitter) URLs were blocked in 2022, while only eight Twitter URLs were blocked in 2014. Process to block these posts completely opaque and considered government-directed action. First time in 2022, social platform X challenged government orders to remove 39 content, during which it was also revealed that an account posting linked to farmers’ protests was blocked in 2021. Internet shutdowns across the country have also increased sharply during this time. India tops number of internet shutdowns worldwide, more than half of the shutdowns in the world have occurred in India.
4. Question of protection of privacy
Central government passes data protection statute in 2023 after nearly decade of discussion, though it’s still drawn a lot of criticism. Government’s exceptions to the law are being criticized where they may practically ignore the law. For example, any personal data comes under this law, that is, it is necessary to keep it confidential, but this law will not apply to the agencies of the Government of India where the matter is to maintain the integrity and public order of the country.
Under this law, all decisions and the responsibility of implementing them will be taken by a board appointed by the Central Government. According to the Criminal Procedure (Identification) Law, 2022, a person arrested, detained or else convicted on any charge can be taken by the police for a variety of data, such as biometric data and biologic samples. Government says these data are necessary to help investigate crimes. Although according to some experts, this law enables the government to create a complete profile of any person, it can be seen as a threat to the privacy of that particular person.
 5. Marriage and divorce
At least seven BJP-ruled states have either tightened anti-conversion laws and passed new interfaith marriage laws since 2017. New laws make interfaith marriages nearly impossible, conversions after interfaith marriages are also extremely difficult. This change has been made on the basis of allegations by Hindutva supporters that Muslim men convert Hindu women by luring them into marriage.
Under these laws, interfaith couples will now have to take permission from a District Magistrate level officer before marriage. Notice will be issued for this, so that if anyone has any objection regarding marriage, he can register it. According to multiple media reports, these laws are used to harass interfaith couples, especially if the man is from a minority community. This harassment increases further. These provisions are challenged in Supreme Court.
At least two high courts in their respective states have blocked various provisions of anti-conversion laws, such as magistrate’s permission and issuance of premarital information, saying it affects the right to marry a person of one’s choice. And thus it is a violation of a fundamental right. Another major change has been the Uttarakhand government’s passage of the Uniform Civil Code Law (UCC). Uniform Civil Code has been BJP’s old promise.
One of the notable changes to this law is that now cohabiting interfaith couples must also register and get approval from the government. Apart from this, second marriage of a Muslim man with one wife is considered illegal. Another criticism of the UCC is that it is largely inspired by Hindu law, although the state government says the law will ensure equal treatment of different religions.
6. How easy is it to get information from the government?
Many changes have been made to the Right to Information Act in the last few years. It’s an important statute designed to promote transparency and accountability at all levels of government. It’s probably the biggest challenge, the provisions associated with the Digital Personal Data Protection Act itself. When the statute was enacted in 2023, the BBC reported on how authorities can refuse to provide information by saying it is someone’s personal information, as almost all data revealed under RTI has some aspect of personal information attached to it.
Also, right-to-information statute amended in 2019. After this amendment, now the Central Government can determine the terms of appointment of Information Commissioners even though they were already prescribed. Not only that, this amendment also gives the government the power to fix salaries and conditions of service for commissioners. Seen as government’s growing control over information commissions.
7. Question of reservation system
Important changes BJP government has made in last 10 years include introducing 10 percent reservation system for economically weaker people of general category. Already reserved groups i.e. Scheduled Castes, Scheduled Tribes and Other Backward Classes are excluded for ten percent of posts in educational institutions and government jobs. Central government decision challenged in Supreme Court and upheld by five-judge bench by 3:2 majority.
One issue during the bench hearing was whether to strike down this amendment on the grounds that it violates the reservation threshold of 50 percent set by the Supreme Court in 1992. A judge wrote in his ruling that the 50 per cent limit applies only to existing reservations for members of Scheduled Castes, Scheduled Tribes and socially and educationally backward classes, and not to Economically Weaker Sections (EWS) reservations. Following this ruling, Maharashtra Assembly in February 2024 passed a bill giving 10 percent reservation to Marathas in educational institutions and government jobs.
Previously Supreme Court struck down for breaching 50 percent limit without valid grounds. Several states have violated the 50 percent threshold before, for example, Tamil Nadu, has reservations for 69 percent of jobs. It’s challenged in Supreme Court.
8. Money Laundering Act was tightened
In 2019 the central government made sweeping changes to the Money Laundering Act of 2002, which had significantly expanded the statute’s scope. This law was strict from the beginning but according to legal experts, new provisions have made it more stringent. After amendment, central agency Enforcement Directorate (ED) can start investigation in money laundering cases even without FIR.
Also statute’s broadened. Not directly connected to the crime, it’d be a punishable offense if you’ve benefited from that crime. Supreme Court in money laundering cases struck down certain conditions for bail in 2017 that previously would have led to bail for an accused.
Under these conditions bail was granted if not suspected of committing a crime while the accused was on bail. However, these conditions were reintroduced in the year 2019. But in 2022 Supreme Court of India re-enacted changes made in the year 2017. Decision met strong criticism from legal experts, including former Supreme Court justices, and is currently being reviewed.
Well the use of this law has multiplied. ED reported 195 cases in 2018, compared to 981 in 2020. ED seizes assets worth Rs 5,436 crore and files 104 chargesheets during 2004-14 ten-year Manmohan Singh government. Whereas in the eight years from 2014 to 2022, ED has seized assets worth Rs 99,356 crore and filed 888 chargesheets during this period. According to ED website, only 45 people have been found guilty under money laundering cases as of January, 2023. Several opposition leaders, businessmen and civil society members have been jailed under this statute.
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