Catholic lawyers in India warn of new laws’ impact on marginalized communities

By LiCAS News

The Delhi Lawyers Forum aimed to educate clergy and religious leaders about newly enacted criminal laws and to equip them with the legal knowledge necessary to protect minority communities, Dalits, Adivasis, and other marginalized groups, according to a report by Catholic Connect.

The forum, held on August 26 and comprising members who practice in various courts across Delhi, including the Supreme Court of India, is affiliated with the National Lawyers Forum of Priests and Religious. 

Across India, more than 100 Catholic lawyers from different dioceses and congregations offer legal services to poor and marginalized sections of society, irrespective of caste, creed, or religion.

The seminar primarily focused on the implications of the newly introduced Bharatiya Nyaya Sanhita (BNS) 2023, which replaces the Indian Penal Code of 1860, the Bharatiya Nagarik Suraksha Sanhita (BNSS), which supersedes the Code of Criminal Procedure, 1973, and the Bharatiya Sakshya Adhiniyam (BSA), which takes the place of the Indian Evidence Act, 1872. 

These laws, which came into effect in July 2024, have sparked widespread discussion due to concerns over their potential misuse against minorities and vulnerable groups.

Participants at the seminar expressed apprehension that the new laws could be weaponized by right-wing groups to further oppress marginalized communities. 

While some sections of the new laws remain unchanged from the previous codes, earning the criticism of being “old wine in a new bottle,” there are significant updates. 

These include the incorporation of modern technology for evidence gathering, new definitions reflecting contemporary societal changes, and stricter penalties for crimes such as mob lynching and terrorism.

A major concern highlighted during the seminar was the expansion of police powers under these new laws. 

Participants discussed how increased discretionary powers, reduced judicial oversight, and provisions allowing preventive detention and warrantless searches could disproportionately affect minorities and weaker sections, who are already vulnerable to systemic bias.

Despite these concerns, the seminar also acknowledged positive changes, such as the removal of the outdated sedition law and the introduction of penalties for new categories of crimes. 

The event concluded with a resolution urging clergy and religious leaders to deepen their understanding of these legal changes.

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