Days after the Karnataka government opposed the implementation of New Criminal Laws–Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA), Law and Parliamentary Affairs Minister H K Patil said the state would make 23-25 amendments to these laws before being implemented in the state.
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Karnataka: In the wake of Karnataka’s opposition to the implementation of the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), the state’s Law and Parliamentary Affairs Minister, H K Patil, has announced plans to introduce 23-25 amendments to these laws before they are enforced within the state.
The three new criminal laws officially took effect on July 1. Addressing the media following a Cabinet meeting, Patil highlighted that these amendments will align with the feedback Karnataka had provided to the Centre last year in response to the proposed laws.
Karnataka Chief Minister Siddaramaiah had proactively addressed concerns regarding these laws by writing to Union Home Minister Amit Shah in October of the previous year. In his letter, Siddaramaiah suggested 23 specific changes to the BNS, BNSS, and BSA Bills. These recommendations stemmed from an expert committee appointed by the state government to thoroughly review the Bills.
One of the significant amendments under consideration involves revising the provisions in the BNS and other related laws that criminalize hunger strikes. Minister Patil emphasized the need for this change, stating,
“The BSA allows police custody for 90 days, which is a violation of human rights.”
The Karnataka government remains committed to ensuring that any implementation of these national laws within the state will be adapted to protect the rights and interests of its citizens. The proposed amendments are part of this ongoing effort to balance national directives with local governance and human rights considerations.
The Karnataka government’s decision to amend the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) before their state implementation is a significant move towards aligning national directives with local governance needs. Law and Parliamentary Affairs Minister H K Patil’s announcement of 23-25 proposed amendments reflects the state’s proactive stance in ensuring these laws serve the interests of Karnataka’s citizens effectively.
The prompt response of Karnataka, following the implementation of these criminal laws on July 1, shows a commitment to addressing potential conflicts between national legislation and state-specific requirements. Minister Patil’s assurance that the amendments will be based on the feedback provided to the Centre last year underscores a thoughtful and considered approach to legislative adaptation.
Chief Minister Siddaramaiah’s earlier correspondence with Union Home Minister Amit Shah, suggesting 23 changes to the BNS, BNSS, and BSA Bills, further highlights the state’s dedication to a thorough and expert-driven legislative process. The involvement of an expert committee to review these Bills ensures that the recommendations are well-founded and address practical concerns.
One particularly noteworthy proposed amendment is the revision of provisions that criminalize hunger strikes. Such provisions can be seen as overly punitive and potentially infringing on democratic rights and freedoms. Minister Patil’s assertion that “The BSA allows police custody for 90 days, which is a violation of human rights,” brings to light the need for humane and just legal practices. Extending police custody to 90 days without stringent checks could indeed pose significant human rights issues.
In summary, Karnataka’s planned amendments to the national criminal laws reflect a balanced and responsible approach to legislative implementation. By focusing on human rights and the state’s specific context, the government aims to create a legal framework that is just, equitable, and aligned with democratic principles. This move not only ensures better governance within Karnataka but also sets a precedent for other states to consider localized adaptations of national laws.
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