Justice replaces punishment in the three new criminal laws that came into force today, Union Home Minister Amit Shah has said. Mr Shah, who led the exercise to review the country’s criminal law system, told the media today that 77 years after Independence, the country has a completely ‘swadeshi’ legal system.

With the overhaul of the colonial-era criminal code, an “Indian soul” has been added to the justice system, he said, “The provisions are such they many groups would be benefited. Many sections from the British era have been replaced by sections in sync with today.”

On crimes relating to violence against women, Mr Shah said the new law provides for recording the survivor’s statement at her home and also mentioned an online FIR facility that will shield her from social stigma.

“There was no provision in law for mob lynching case. It has now been defined. This was a longstanding demand. Also, we have completely removed the section of treason and brought a new section for anti-national activities. Earlier, it was a crime to make a statement against the government. Now, a law will provide for action against attempts to harm India’s unity and sovereignty,” he said, sharing the highlights of the new criminal codes.

Mr Shah said the new criminal laws would create a modern legal system. “We have not just imbibed technology, but have pre-empted technological changes that may take place over the next 50 years. I believe this will be the world’s most modern criminal justice system.”

Mr Shah said videography is now mandatory during search and seizure exercises so that no one can be framed. The e-statement of a survivor of rape or sexual harassment is legally valid now, he said.

The new laws, he said, are victim centric. “Earlier, police picked someone up and his family members had to go to court. Now we have made it compulsory to maintain a register and e-register at every police station that will list which criminal is in police custody. So a habeus corpus plea in court won’t be needed,” he said. Searches and raids, he said, would be videographed.

After sharing the highlights of the new criminal codes, Mr Shah proceeded to hit back at Opposition leaders’ remarks on the laws. The main opposition has alleged that the news laws were not properly debated upon and that the legislation related to them was “forcibly” passed in Parliament after 146 Opposition MPs were suspended.

In response, Mr Shah said, “The Lok Sabha debated this for nine hours twenty-nine minutes and 34 members participated. The Rajya Sabha debated it for about 7 hours and 40 members participated.”

“Another lie”, he said, was that the Bills were brought after the mass suspension of MPs. “The Bill was listed beforehand by the business advisory committee. Maybe the Opposition did not want to participate. So they resorted to activities so that presiding officers are compelled to suspend them,” the Home Minister said.

Mr Shah said his ministry had sought suggestions from all MPs, Chief Ministers, Supreme Court and high court judges and bureaucrats on the new laws. “All these suggestions were studied. I chaired 158 meetings to discuss the issue and we came up with a Bill. But the Parliament didn’t clear it just like that. It was sent to the Standing Committee. It was against discussed for three months and members of all parties participated in it,” he said.

Mr Shah said his ministry had sought suggestions from all MPs, Chief Ministers, Supreme Court and high court judges and bureaucrats on the new laws. “All these suggestions were studied. I chaired 158 meetings to discuss the issue and we came up with a Bill. But the Parliament didn’t clear it just like that. It was sent to the Standing Committee. It was against discussed for three months and members of all parties participated in it,” he said.

“Apart from four-five political-style suggestions, every suggestion was imbibed, 93 amendments made and the Bill was cleared by the cabinet again and then tabled it in Parliament. To give a political colour to such an extensive exercise happening after centuries is not right. I appeal to friends in the Opposition, there are many issues for politics, but these laws are an exercise to ensure timely justice and self-respect for 140 crore people. So please cooperate and if anyone has anything to say, my office is open,” he said.

A combative Congress chief Mallikarjun Kharge led the opposition’s charge in the Rajya Sabha Monday, attacking the government on issues like alleged irregularities in the NEET medical entrance tests and the row over relocation of national leader’s statues within the Parliament complex.

But perhaps the biggest flare-up was the brief spat between Mr Kharge and JP Nadda, his counterpart in the ruling Bharatiya Janata Party, after the former urged Rajya Sabha Chair Jagdeep Dhankhar to “be on the side of truth for next three-and-a-half years (the remainder of his term)”.

Mr Kharge’s jab came amid frequent complaints by the Congress and other opposition parties – in this session and past ones – that they are not allowed to speak, much less criticise or question the government during Parliament. That charge was raised this week too; Congress MP Rahul Gandhi claimed his microphone had been switched off – at Lok Sabha Speaker Om Birla’s behest – while demanding a separate debate on leaked question papers for competitive exams like NEET.

READ | Rahul Gandhi’s Muted Mic Charge Gets Rejoinder From Speaker

M Kharge’s “Small Change” Request

Mr Kharge – during the Motion of Thanks to President Droupadi Murmu’s address last week – addressed Mr Dhankhar, “Now… after the election… I request a small change from you…”

“I would like to request… keeping in mind all you have seen in Parliament over the past 18-odd months, you will definitely be on the side of truth in the past three or three-and-a-half years.”

A smiling Jagdeep Dhankhar intervened to say “Sir… I am always on side of truth”. However, his interjection was all but lost in the din that followed Mr Kharge’s remarks.

A furious Mr Nadda – who, apart from being the BJP boss and the Health Minister, is also the Leader of the Rajya Sabha – shot up and demanded to be heard, prompting Chairperson Dhankhar to overrule the irked Congress leader, who refused to yield, and give his BJP rival the floor.

“Kharge ji, Kharge ji… Leader of the House (Mr Nadda) wants to speak. If you yield…”

“Why should I yield? I am speaking…” To this Mr Dhankhar cajoled Mr Kharge, “Please Kharge ji my suggestion… my suggestion for your consideration. The House is hearing you but if the House Leader wants to intervene, then practice is to allow. I leave to your discretion…”

Mr Kharge, however, would not back down without a fight, and shot back, “Kindly allow me to finish (my speech) otherwise my flow will be broken and they (the BJP MPs) will keep yelling.”

“What is this? When we want to intervene you don’t let us…” he said after Mr Nadda’s green light.

“What My Ears Heard…” Nadda’s Counter

“I wish I could be proved wrong… but what my ears heard were an aspersion that you will, for the next three-and-a-half years be ‘fair’ in the House. This means for the past one-and-a-half years you did not give opposition its due,” Mr Nadda said after the Chair forced Mr Kharge to be silent.

“This is a very serious allegation… it cannot be taken lightly as it is a sentence spoken by the LoP (Leader of the Opposition) and automatically means in the past you have not been fair to all.”

Mr Nadda, anger writ large on his face, then lashed out at opposition benches heckling him and shouted back ‘you please keep quiet… keep quiet… I have been given by Chairperson”.

“I respect the LoP… I respect the opposition but I would like to put on record that proving your point should not go beyond the norms (of the House) and raising aspersions against the Chairman cannot be allowed,” the BJP leader thundered and demanded that Mr Kharge’s remarks be expunged.

Kharge, Veep Share Laughs

But it wasn’t all anger and fighting in the Rajya Sabha today.

Two days after Mr Dhankhar said he was pained by Mr Kharge entering the Well of the House to protest, the two shared several light moments this morning.

READ | “We’ll Delete This”: M Kharge, Veep Banter After Heated Row

The Congress leader’s jabs today came as his party steps up attacks on the government this morning over the three new criminal laws that are now in effect. Earlier today the Congress pointed out the laws were passed last year after a chunk of an already weak opposition was ejected from Parliament.

READ | Congress’ Mass MP Suspension Jab On New Criminal Laws

In the December session nearly 150 opposition MPs were chucked out of the Lok Sabha and the Rajya Sabha after particularly vociferous protests over a security breach in the House that month.

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