Today, On 26th June, The Bar Council of India called for the suspension of newly introduced criminal laws amidst widespread nationwide protests. The Council emphasized the need for careful reconsideration of these laws due to public dissent. Lawyers and legal professionals have voiced concerns about the implications of the changes.
New Delhi: The Bar Council of India (BCI) acknowledged the vigorous opposition from Bar Associations and State Bar Councils regarding the newly introduced criminal laws, The Bharatiya Nyaya Sanhita (BNS), The Bharatiya Nagarik Suraksha Sanhita (BNSS), and The Bharatiya Sakshya Adhiniyam (BSA).
Prominent legal experts, such as Kapil Sibal and Abhishek Manu Singhvi, expressed serious concerns, arguing that these laws are more severe than those from the colonial era and pose significant threats to fundamental rights.
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They contend that these laws, if implemented, would undermine the democratic principles enshrined in the Indian Constitution and could lead to an erosion of judicial independence and fairness.
In response, the BCI announced plans to engage with the Union Government to discuss these contentious issues. They have also appealed to Bar Associations to temporarily halt their protests while these discussions take place, hoping to find a resolution through dialogue.
Senior advocate and BCI Chairman Manan Kumar Mishra announced in a statement that the apex lawyers’ body had passed a resolution on Wednesday. This resolution acknowledges the numerous representations from bar associations and state bar councils nationwide, which have expressed strong opposition to the newly introduced criminal laws.
The statement noted,
“These bar associations have indicated their readiness to engage in indefinite agitations and protests unless these laws are suspended and subjected to thorough nationwide discussions, including a comprehensive review by Parliament,”
Concerns have been raised that several provisions of these new laws are perceived as anti-people, more draconian than the colonial-era laws they aim to replace, and pose a serious threat to citizens’ fundamental rights. The statement emphasized that numerous “legal luminaries” and advocates have strongly opposed the laws.
Several bar associations have also called for a fresh examination of the provisions of the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA), along with a review of the new laws, asserting that these laws contravene the principles of fundamental rights and natural justice.
The statement continued,
“After careful consideration of these demands and concerns, the BCI requests all bar associations to refrain from any form of agitation or protest at this juncture. The BCI will initiate discussions with the Union Government, represented by the Union Home Minister and the Union Law Minister, to convey the concerns of the legal fraternity,”
The statement also mentioned that the BCI would seek the intervention of Union Minister for Environment Bhupendra Yadav, an advocate, to mediate in the matter.
It added,
“Additionally, the BCI requests all bar associations and senior advocates to submit specific provisions of the new laws they deem unconstitutional or detrimental, to facilitate a productive dialogue with the government,”
The statement highlighted that Union Home Minister Amit Shah expressed the government’s willingness in September 2023 to amend any provision of these laws if “valid reasons and plausible suggestions” presented.
The statement declared,
“Upon receiving specific suggestions from the bar associations, the BCI will constitute a committee comprising noted senior advocates, former judges, impartial social activists, and journalists to propose necessary amendments to these new laws,”
The BCI assured the bar associations and the legal fraternity that these issues are being taken seriously and that there is no cause for immediate concern. Consequently, there is no immediate necessity for agitation, protests, or strikes in relation to this issue.
The legal community remains on high alert, closely monitoring the situation and preparing for further actions if necessary.
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The BCI’s involvement highlights the gravity of the situation and the widespread apprehension within the legal fraternity about the potential impact of these new laws on civil liberties and judicial fairness.
This call for suspension highlights the deep-rooted apprehensions about the direction of legal reforms in India and the critical need for a balanced approach that safeguards the principles of justice and democracy. As the BCI steps into negotiations, the nation watches closely, hoping for a resolution that aligns with the core values of the Indian legal system.
The three laws received Parliament’s approval on December 21 last year, and President Droupadi Murmu gave her assent on December 25. According to three identical notifications issued by the Union Home Ministry, provisions of the new laws will come into force from July 1.