The Bar Council of Tamil Nadu and Puducherry expressed opposition to three newly proposed criminal laws. They have called on the Bar Council of India to organize a meeting involving all State Bar Councils and Bar Associations.
Tamil Nadu: The Bar Council of Tamil Nadu and Puducherry (BCTNP) expressed strong opposition to the replacement of the Code of Criminal Procedure (Cr.P.C.), Indian Penal Code (IPC), and Indian Evidence Act (IEA) with the new Bharatiya Nagarik Suraksha Sanhita, Bharatiya Nyaya Sanhita, and Bharatiya Sakshya Adhiniyam, respectively, effective from July 1 this year.
BCTNP Chairman P.S. Amalraj stated
“The council passed a resolution urging the Bar Council of India (BCI) to organize a joint meeting with representatives from all State Bar Councils and Bar Associations nationwide. The purpose of this meeting would be to discuss the advantages and disadvantages of the new laws.”
The BCTNP emphasized that this meeting should also address the need to request the Central Government to withdraw the implementation of the new laws and explore the possibility of challenging them in the Supreme Court.
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The council believes the new laws have created significant challenges for litigants, lawyers, law students, and others.
Mr. Amalraj noted that Union Home Minister Amit Shah had written to the BCTNP on January 6, 2020, seeking suggestions on replacing the Cr.P.C., IPC, and IEA with the new laws. In response, the BCTNP replied on March 16, 2020, requesting a meeting of all State Bar Councils to reach a uniform decision.
When Union Home Secretary Ajay Kumar Bhalla sent a reminder on June 23, 2020, calling for suggestions, the BCTNP responded on July 8, 2020, requesting a copy of the draft of the new laws. The council reiterated its request in another letter to the Home Secretary on September 7, 2020.
In this second letter, the BCTNP objected to the formation of a five-member committee by the Central Government and insisted on the inclusion of criminal law experts. The council also emphasized the need to seek input from State Law Commissions before making any changes to the three criminal laws.
On September 1, 2023, the BCTNP wrote to the Parliamentary Standing Committee on Home Affairs, arguing that there was no need to replace the Cr.P.C., IPC, and IEA with new laws.
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The council suggested that necessary amendments to the existing laws would suffice and objected to the use of Sanskrit and Hindi terms in the names of the new laws.
Despite these efforts, the Central Government proceeded with the implementation of the new laws from July 1 this year, causing significant difficulties for litigants, lawyers, police officers, and other stakeholders in the criminal justice system. Mr. Amalraj urged the Bar Council of India to convene a meeting of all State Bar Councils as soon as possible.
This opposition from the Bar Council highlights the ongoing tensions and challenges in balancing legislative reforms with the preservation of civil liberties and the principles of justice. The situation continues to evolve as discussions and debates unfold among legal circles, policymakers, and the broader public.
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