Street vendors: the first victims of controversial new criminal laws

The rollout of the Bharatiya Nyaya Sanhita (BNS), replacing the longstanding Indian Penal Code, 1860, has ignited a storm of controversy and confusion in various parts of India. From Delhi to Gujarat, and even in smaller districts like Kabirdham in Chhattisgarh, the implementation of the new criminal laws has been met with mixed reactions and legal quagmires.

In what was initially reported as the first case under the BNS, a street vendor near the New Delhi railway station found himself in legal jeopardy. Pankaj Kumar, hailing from Bihar, was accused of obstructing public space with his cart, selling tobacco and water. The FIR against Kumar was swiftly cancelled amidst public outcry and accusations of heavy-handedness against vendors.

Contradictory reports soon emerged, challenging the narrative of Delhi's "first case" under the new law. Union Home Minister Amit Shah intervened, asserting that the true first case involved a bike theft in Gwalior. The confusion deepened as reports surfaced from other states, claiming the first BNS FIRs were lodged in places like Bhopal and Kabirdham, alleging incidents ranging from verbal abuse to minor public disturbances.

Gujarat, too, witnessed a flurry of FIRs under the BNS, primarily targeting street vendors for obstructing public spaces or causing inconvenience. Vishal Rajput and Dinesh Keshuram Gujjar were among those named for allegedly blocking bus depot entrances and public roads with their carts, actions previously punishable under lesser penalties but now carrying fines as high as Rs 5,000 under the new code.

Critics, including opposition parties like the Congress, have lambasted the Modi government for what they perceive as draconian measures targeting vulnerable sections of society. The Congress accused the government of disregarding constitutional principles and using parliamentary manoeuvres to push through controversial laws that disproportionately affect street vendors and other marginalized groups.

The Karnataka Pragatipara Beedhi Vyaparigala Sangha condemned the new penalties, arguing that the increased fines would cripple street vendors who often struggle to make ends meet. They expressed concerns that the harsher penalties under the BNS could discourage people from engaging in vending activities altogether, exacerbating economic hardships already exacerbated by the pandemic.

In North Goa, a coconut seller became an unwitting example of the law's broad reach when an FIR was filed against him for allegedly obstructing traffic with his handcrafted goods. Such incidents have raised questions about the application of the new laws and the discretion exercised by law enforcement officials.

Meanwhile, Union Law Minister Arjun Ram Meghwal has defended the BNS and its counterparts, Bharatiya Nagrik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA), as necessary reforms to modernize India's criminal justice system. He emphasized their role in streamlining procedures and enhancing public safety, though critics argue that the rushed implementation has led to confusion and arbitrary enforcement.

As the legal and political debate continues to unfold, with opposition parties vowing to challenge the laws in courts and through legislative avenues, the future of the BNS remains uncertain.