Dr Subhajit Basu writes for Risk Group on “India's Decolonisation Pathway”

On August 11, 2023, India took a historic stride with the introduction of three transformative legal bills aiming to replace cornerstone acts from the colonial era.

The School of Law’s Dr Subhajit Basu has written an editorial for Risk Group on "India's Decolonisation Pathway: Embracing Sovereign Justice Beyond Imperial Legacy".

This "impact" editorial is linked to Dr Basu’s forthcoming Co-Authored publication: Subhajit Basu and Shameek Sen (2023) 'Silenced Voices: Unravelling India's Dissent Crisis Through Historical and Contemporary Analysis of Free Speech and Suppression' Forthcoming in Information & Communications Technology Law. 

While India has journeyed from the shadows of colonial control towards the sunlight of democracy, the challenge remains: to ensure laws protect the nation without silencing its people. In the delicate dance between security and free expression, let us not forget that the soul of a democracy thrives on the voice of its citizens.

On August 11, 2023, India took a historic stride with the introduction of three transformative legal bills aiming to replace cornerstone acts from the colonial era: IPC (1857), CrPC (1858), and the Indian Evidence Act (1872).  

Dr Basu’s editorial looks into:  

• How the Bharatiya Nagarik Suraksha Sanhita, Bharatiya Sakshya, and Bharatiya Nyaya Sanhita are set to reshape the landscape of Indian jurisprudence, the widely-debated Section 124A: The sedition law, its colonial roots, and growing calls for reevaluation. 

• A revealing Article-14 analysis highlighting a significant surge in sedition cases since 2014, with a special note on critiques against the Indian government. 

• The global and local tug-of-war between individual rights and societal security emphasises India's unique journey to strike a harmonious balance amidst its rich diversity. 

The current sedition law, Section 124A, has been criticised for its potential misuse against dissenters and critics of the government. The proposed Section 150, while broader in terms of the activities it covers, does not inherently guarantee protection against misuse in cases of dissent. The real-world implications will depend on its interpretation, enforcement, and the political and social environment it operates in. A clear and narrow interpretation by the judiciary and safeguards against misuse would be necessary to protect fundamental rights.

 
Click here to visit the Risk Group website and read the editorial in full.