7 July 2024: Nobel laureate Amartya Sen has expressed strong disapproval of the recent decision to replace the Indian Penal Code (IPC) with the Bharatiya Nyaya Sanhita (BNS). Sen’s primary concern is that this significant legal change was implemented without adequate consultation with all relevant stakeholders.
In a statement, Sen emphasized that such a monumental shift in the country’s legal framework requires extensive dialogue and consideration. “Replacing the IPC with BNS without consulting all stakeholders is not a welcome change,” he remarked, highlighting the importance of inclusive discussions to ensure that the new laws are both robust and reflective of the diverse needs of society.
The IPC, established during British rule, has been a fundamental part of India’s legal system for over a century. Its replacement by the BNS represents a historic transformation in the country’s legal landscape. However, this change has sparked a wide range of reactions. Critics, like Sen, argue that the process lacked transparency and failed to engage with various groups that would be impacted by the new laws.
Sen’s critique adds a significant voice to the ongoing debate about the BNS. He warns that without proper stakeholder engagement, the new legal code might not address critical issues effectively or fairly. This could lead to unforeseen consequences and undermine the integrity of the justice system.
The introduction of the BNS is intended to modernize and indigenize India’s legal system, making it more relevant to contemporary societal needs. However, the concerns raised by prominent figures like Sen underline the necessity for a more transparent and inclusive legislative process. For a legal reform of this magnitude, comprehensive stakeholder involvement is crucial to ensure that the changes are beneficial and just for all segments of society.
