Wednesday, July 26, sees a resolution passed by the Bar Council of India requesting various State Bar Councils and Bar Associations to refrain from engaging in immediate protests against the newly reformed criminal codes of law. The response by BCI was that of a late fashion to be held on this Wednesday, considering the enactment of these new acts that will commence on July 1st. The newly introduced laws replace the Indian Penal Code, 1860 for The Bharatiya Nyaya Sanhita (BNS), the Code of Criminal Procedure,1898 for The Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Indian Evidence Act,1872 for The Bharatiya Sakshya Adhiniyam (BSA).
The Urge to Prevent Protest
Manan Kumar Mishra, the senior advocate who holds the position of BCI Chairman has asked all bar councils and senior advocates to approach the matter by submitting specific provisions they deem unconstitutional or injurious, so that their concerns can be conveyed productively to the central government, rather than resorting to agitation. Mishra, along with the BCI, acknowledge the concerns of the various cross-country legal fraternities regarding the laws contravening the principles of fundamental rights and natural justice, which stand as the very foundations that the extensive justice system boasts building its pillars on.
Laws raise Public Concern
“Concerns have been raised that several provisions of these new laws are perceived to be anti-people, more draconian than the colonial-era laws they intend to replace, and pose a serious threat to the fundamental rights of citizens,” Mishra says. Court boycotts have been threatened as well by various of these bar members, advocates and “legal luminaries.” “These bar associations have signaled their intent to engage in indefinite agitations and protests unless these laws are suspended and subjected to thorough nationwide discussions, including a comprehensive review by Parliament,” the statement said. Among these, concerns and calls for fresh examination of the provisions of Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA) have been called upon by several bar associations.
Suggestions taken by the BCI
The BCI has stated that they will constitute a committee that consists of noted senior advocates, former judges, impartial social activists and journalists to help propose necessary amendments to these new laws, upon receiving suggestions from Bar Associations. The BCI has assured bar associations and the legal fraternity that these issues are being taken seriously, and that there is no cause for any serious concern. They also add that there is no immediate necessity for agitation, protests, or strikes in relation to this issue. Union Environment Minister Bhupendra Yadav is sought out for an intervention on the matter by the apex body. As a lawyer, he is expected to mediate the matter.
Where these new criminal laws add a total of 20 new crimes, period of imprisonment sees an increase for 33 offenses, the penalty of community service introduced to six crimes and a mandatory minimum punishment in 23 crimes, the date for commencement inches closer. Simultaneously, Amit Shah’s statement from September 2023 is ringed upon by the apex council: “valid reasons and plausible suggestions” for amendment of provisions are welcomed by the Centre.
