India Revamps Criminal Code

While 141 opposition Members of Parliament remained suspended, the Indian Parliament passed the Bharatiya Nyaya (Second) Sanhita (BNS) to replace Indian Penal Code, 1860; the Bharatiya Nagarik Suraksha (Second) Sanhita to replace Code of Criminal Procedure, 1973; and the Bharatiya Sakshya (Second) Bill to replace Evidence Act, 1872. It also passed the Telecommunications Bill to replace the Indian Telegraph Act, 1885, the Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950. Under BNS, a terrorist act is defined as a separate offense and includes acts which attack India's unity, integrity, sovereignty, security, economic security, or spreads terror among any group. This definition is borrowed from the Unlawful Activities (Prevention) Act (UAPA) and adds ‘production or smuggling or circulation of any counterfeit Indian paper currency, coin or of any other material.’ With the new BNS provision, the government will now have a double-barrelled weapon to prosecute and imprison terrorism under two statutes – a special UAPA law and the other a general BNS law. Given that UAPA has some safeguards and a special court and the BNS does not, this in itself creates an opportunity for corruption in the exercise of this extraordinary police discretion. The Telecommunications Bill allows the Center to take control of any telecommunication services or network, intercept any message, and force a sender or receiver of the message to disclose these messages to the concerned officer. All the Bills have major implications for all  activists who raise their voice against India's injustices; Sikhs in Punjab are routinely arrested under UAPA, but convictions are less than 2%. The three Criminal Code Bills got the President’s nod on 25 Dec.

Union Home Minister Amit Shah’s negative response over SAD MP Harsimrat Kaur Badal’s question in the Lok Sabha on a mercy plea of death row prisoner Balwant Singh Rajoana has left the Sikh bodies dejected. Shah stated that the mercy petition could not be considered as it was submitted by a third party (SGPC) and not by Rajoana’s family members. He also added, unless a person regrets their action, there can be no mercy shown. The statement eclipses the fact that in 2019 the Center issued a notification on the occasion of the 550th birth anniversary of Guru Nanak Dev to commute Rajoana’s death sentence to life imprisonment and release eight Bandi Singhs (Sikh prisoners). When the SAD member raised the issue, she too chose to eclipse the fact that SAD was in power for a decade in Panjab and BJP was its coalition partner. Had SAD wanted to, they could have negotiated a release for Rajoana and the Bandi Singhs at that time. In the last two decades, the SGPC has tried many times to get Rajoana relief. In some ways, their credibility is at stake. Or rather, their ability to function within democracy while keeping the illusion of sovereignty alive in the Sikh community. Sikh thought clashes with India’s democracy and its mediators on Rajoana’s death sentence. Co-assassin of former Panjab CM Beant Singh, Rajoana has always maintained that he will not retract from his stand and is willing to accept the death penalty. Panthic ideologues also question the term ‘mercy petition.’ They say it should be called the ‘Constitution Reconsideration Petition.’

On 20 Dec, Union Law and Justice Minister Arjun Ram Meghwal informed the Indian Parliament that ten states have withdrawn general consent to the Central Bureau of Investigation (CBI) to investigate cases in their respective jurisdictions. The states are Panjab, Jharkhand, Kerala, Rajasthan, Chhattisgarh, West Bengal, Mizoram, Telangana, Meghalaya, and Tamil Nadu. Most of these states have non-BJP governments. The CBI, India’s oldest investigative agency, evolved from the Special Police Establishment (SPE), set up in 1941 by the then British government of India. According to Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, the CBI now needs consent from the respective state governments to conduct investigations. Asserting that the withdrawal of general consent by some states has led to severe limitations in the CBI's powers to investigate crucial cases, a Parliamentary panel recently said there was a dire need to enact a new law and give wider powers to the federal agency so that it can probe cases without a ‘state's consent and interference.’ This shows the trust deficit between the Center and the states. This distrust is not new. It has been a decade since Supreme Court Justice RM Lodha described the CBI as a ‘caged parrot’ that speaks in ‘its master’s voice.’ That was during the INC-led United Progressive Government. The BJP follows the same tactic to dig out information on its opponents. This forced 14 opposition parties to go to court in Mar 2023 against ‘misuse’ of CBI. In Apr 2023, the Supreme Court refused to entertain the petition.

On 22 Dec, the Panjab Human Rights Organisation (PHRO) made public an official report on the probe conducted over the 1992 forced disappearance and extrajudicial killing of Gurdev Singh Kaunke. Kaunke was then the Sarbat Khalsa-appointed acting Akal Takht Jathedar, the most visible Sikh globally. On 7 Jun 1998, the Panjab Director General of Police’s office initiated an inquiry into the allegations. The report by Additional Director General Police BP Tiwari questioned the police claims about Kaunke’s arrest and cast doubts on the police version of his alleged escape from custody. The report, submitted on 27 Jul 1999, recommends, ‘It would be appropriate to register a case against Station Head Officer Gurmeet Singh for keeping Gurdev Singh Kaunke in illegal detention and falsification of records. The role of other officials should also be probed.’ After being arrested and released twice earlier, on 25 Dec 1992, the police arrested Kaunke in the presence of 200 villagers. In police records, however, Kaunke’s arrest was recorded on 2 Jan 1993, in connection with the murder of a youth from his village. On the same day, the police alleged Kaunke had absconded from police custody. Senior lawyer RS Bains called upon the Akal Takht to seek an inquiry into their former Jathedar’s murder. PHRO activist Sarbjit Singh Verka sent a copy of the report to the Akal Takht. Akal Takht Jathedar Giani Raghbir Singh has now asked the SGPC to get a legal opinion on the report and seek action against the guilty police officials. The question still remains whether the Akal Takht will hold SAD accountable, as the report was suppressed during their regime. Subsequently, Tiwari’s character assassination and later acquittal, the dismissal of the case hearing by Punjab Human Rights Commission and the role of lawyers remain unanswered too.

In the eighth encounter reported in the last eleven days in Panjab, on 17 Dec three gangsters of the Lucky Patial gang were arrested in Moga. Two encounters were reported on 16 Dec from Mohali and Patiala. On 19 Dec, Amritpal Singh, a gangster, was killed in an exchange of fire with the police. The incident bore an uncanny similarity to Parmjeet Singh Pamma’s 13 Dec encounter in Mansa. Singh was taken to Jandiala Guru for the recovery of two kilos of heroin. While still in handcuffs, he allegedly pulled out a gun and fired at the police. Meanwhile, taking cognizance of jail officials being involved in the drug racket in Panjab, the Punjab and Haryana High Court on 22 Dec said 43,000 calls were made from two mobile phones from Ferozepur Central Jail. Justice NS Shekhawat said it was clear that three accused lodged in the jail were provided phones and SIM cards. One mobile phone was active from 1 Mar 2019 to 31 Mar 2019. 38,850 calls were made from the number. Another mobile remained active in the jail from 9 Oct 2021 to 14 Feb this year. 4,582 calls were made from that number. Justice Shekhawat directed the Panjab Special Director General, Internal Security, to remain present in the court on the next date of hearing because in nine months no efforts were made to ascertain the names of the jail officials involved in the case.

On 19 Dec, the Union Agriculture Minister Arjun Munda informed the Parliament that the share of agriculture in India's GDP declined to 15% this fiscal year from 35% in 1990-91. This shift is due to rapid growth in the industrial and service sector. ‘Agriculture and allied sectors have registered an average annual growth of 4% during the last five years. Globally, agriculture is 4% of the world's GDP.’ He also said, 110M farmers have benefited from the income support scheme. The total amount spent is $34B on 30 Nov 2023. This shows the numbers during the Farmers Protest projected on farmers in the country were absolutely correct. Given that globally, agriculture’s share is going down, the question Indian policy makers need to answer is, would imitating other nations not lead to a food crisis? A sector like agriculture need not be evaluated only in monetary terms but also in terms of its need to society. On the same day, in Panjab, CM Mann held a meeting with representatives of thirty-two farmer bodies from the state that are part of the Samyukt Kisan Morcha. Mann formed a committee to resolve farmers' pending issues, including compensation and government jobs to the next of kin of those who died during the Farmers Protest against the now-repealed farm laws. State agriculture minister Gurmeet Singh Khuddian, senior IAS officers, representatives of farmer unions, and agriculture experts will be committee members. The committee will finalize its report by 31 Mar 2024.

This season, Panjab’s wheat, potato, and kinnow farmers are suffering. Given that Delhi’s air pollution in October is largely (but wrongly) blamed on farmers who burn the paddy straw after harvest, some Panjab farmers decided to use the Super Seeder for wheat sowing. Now they are reporting Pink Stem Borer infestation in the crop. The pest attack has been detected in the fields around Muktsar, Lehragaga, and Sangrur. Farmers say leftover straw residue prevents the insecticide spray from reaching the crop and it becomes a breeding ground for the pink stem borer. An affected farmer from Muktsar said, ‘We were portrayed as criminals and FIRs were registered against us for burning residue, but now nobody is helping us tackle the problem.’ Meanwhile, even in late Dec, Delhi’s AQI remains 400. In a full-blown attack by the Late Blight disease, more than 50% of potato crop has suffered extensive damage leading to heavy losses for the farmers who had opted for diversification instead of growing wheat after paddy. Farmers from Machhiwara, Samrala, Khanna, Amloh, Nabha, Hoshiarpur, and other areas said potatoes were rotting in the field even before farmers could harvest them. Also, the wholesale rate of potatoes has crashed in the market. This year’s ‘king fruit - kinnow’ growers from Panjab are happy with the good yield. The produce is expected to be 13.50MT. However, farmers are staring at low prices in the open market: Rs 6 to 10 per kg — as compared to Rs 20 to 25 per kg last year. This is another example why farmers need Minimum Support Price (MSP).

The Ram Mandir in Ayodhya is to be inaugurated on 24 Jan 2024. On 19 Dec, the organizing trust issued a statement saying rituals will begin from 16 Jan and the main consecration will be on 22 Jan. Ironically, the main fiber statues at the temple are being made by Muslim artisans. The sculptors are Jamaluddin and his son Bittu from North 24 Parganas district in West Bengal. Ganesh Bhatt, Arun Yogiraj, and Satyanarayan Pandey are making the child Ram’s idols. The trust said, out of the three, the idol that brings to life the tenderness of a five-year-old child will be chosen. On 17 Dec, addressing the media,  Nihang Harjit Singh Rasulpur, claiming to be the eighth descendent of the original Nihang to have entered the mosque and the supposed temple, said he wants to conduct a langar (free meals) at the temple starting with the inauguration ceremonies. In November 1858, 25 Nihang Sikhs, under the leadership of Nihang Baba Fakir Singh Khalsa, entered the Babri Masjid in Ayodhya and performed a havan (ritual fire ceremony). Rasulpur believes Sikhs are part of Sanatani Hindus. This view is diametrically opposite to SGPC and most Sikhs assert Sikhs and Hindus are different religions. This is one more move by right-wing Hindus to appropriate the Sikhs. Interestingly, the original leaders of the Ram Janmabhoomi movement who destroyed the Babri Masjid, former cabinet ministers LK Advani and MM Joshi, have been requested ‘not to come’ for the consecration. The Hindu Mahasabha has refused to attend the inauguration ceremony of the shrine, claiming that it will be a ‘BJP-sponsored political programme.’

On 20-22 Dec, Pakistan-based Panjabi Parchar group hosted an international Panjabi conference titled Panjabi Language and Culture. The conference received  an overwhelming response from scholars, academicians, journalists, and government officials. Twenty delegates from nearly ten countries attended the conference. The conference drew more than 100,000 participants in person and online from 10 countries. The organizers reached a 12-point demand and urged the government to implement it. The demands are as follows. 1) Panjabi should be the official language of the Panjab Assembly, 2) All public messages should be disseminated in the mother language of the region. 3) The government should end discrimination against all Panjabi dialects. 4) The Panjabi language should be given all due rights in the media. 5) A state-run Panjabi broadcaster should be formed to cover all dialects. The Panjabi language should be taught in all middle schools. 6) Panjabi should be implemented in all Panjab offices and courts. 7) All Panjab colleges should have Panjabi teachers. 8) All public and college libraries should have a 10% annual grant for Panjabi books, magazines, and newspapers. 9) Panjab state’s highways, roads, buildings, gardens, and crossovers should be named after Panjabi warriors. 10) Sign boards in Panjab should feature all content in the Panjabi language. 11) All Panjabi festivities and memorial remembrances related to Panjab should be commemorated at the state level. 12) The Pakistani government should remain vocal about the rights of Palestinians, as it represents the sentiment of the South Asian nation. The revival of the Panjabi language is gaining momentum in both Indian and Pakistani Panjab as well as the Diaspora; both states have neglected the Panjabi language since the 1947 Partition.

Ever since its early days, Hindi cinema owes a lot to Panjab. From the beginning in the 1940s Panjabi actors, costumes, music, and locations have dominated Hindi cinema. In fact, Hindi cinema played a major role in popularizing Panjab’s music and language all over the country and abroad. Yet, through the earlier decades, the portrayal of Sikhs was mostly a stereotype and often a caricature, functioning as comic relief. This is changing with a new wave of cinema, especially on Over The Top (OTT) platforms. The last few years have seen shows like Kohrra on father-son relationships, CAT on extrajudicial killings and Tabbar on family values, albeit their oversimplified Sikh and Panjab narratives. Films like Jogi and shows like Grahan deal with the 1984 Sikh Genocide. Shah Rukh Khan’s recent comedy Dunki is on illegal migration and Imtiaz Ali’s upcoming film Chamkila is on slain singer Amar Singh Chamkila. These stories are replacing rose-tinted Yash Chopra fantasies of lush green and yellow mustard fields. A new crop of Panjabi actors is bringing to life a realistic Panjabi face in cinema. Panjabi content delves into the murkiest depths of the state—from militancy to police corruption and the shadowy dynamics of the music industry. While there is no doubt Panjab sells, the projection still remains over the top and is mainly about drugs, caste, gun violence, murders, and sexuality. In these new offerings, Panjab comes across as the badlands. These cinematic representations reiterate mainstream media projection of Panjab being a crime-ridden state. In order to not fall for stereotypes, the need is for the community to play a greater role in financing and controlling film production (SDW Vol. 1 Issue 12, Story 10)