Kapil Sibal, a Rajya Sabha member and senior advocate, expressed strong concerns over new criminal laws, aiming to urge a review if supported by the Supreme Court Bar Association (SCBA). He emphasized the lack of consultation in formulating these laws and criticized the decline of the bar’s independence and political polarization. Sibal also critiqued the judiciary’s lack of uniformity in institutional procedures and emphasized the need for introspection in the appointment mechanisms.
Today, On 29th May, The Kerala High Court examined a PIL challenging the use of Hindi names for new criminal laws, questioning if Parliament-mandated laws must be named in English. Article 348 of the Indian Constitution is under scrutiny, with advocate PV Jeevesh arguing that this naming violates constitutional provisions. The next hearing is scheduled for July 26.
Advocate PV Jeevesh filed a PIL in the Kerala High Court urging the Central government to name three new criminal laws in English to alleviate confusion, especially in South India where Hindi is not the primary language. The PIL is rooted in the constitutional ethos of linguistic unity and federalism, confronting the legislative naming practice in Hindi and advocating for broader linguistic inclusivity. Jeevesh vehemently opposes the practice of naming laws in Hindi, denouncing it as an act of linguistic imperialism, and seeks broader judicial intervention, including a declaration affirming that Parliament lacks the authority to title any law in any language other than English.
Former Supreme Court Judge Navin Sinha advocated for comprehensive criminal law reforms to ensure swift justice, emphasizing the need for modernization in the legal framework while balancing stringent laws with human rights protections. He highlighted the significance of training for judges and police officers. New criminal laws praised for addressing societal standards and expediting justice delivery.
The Bar Council of India has directed legal education centers to make significant changes to their curricula, including new compulsory subjects and the adoption of three new criminal justice laws. These changes, effective from 2024-2025, aim to modernize legal education to address contemporary challenges and align with the nation’s evolving legal landscape. Compliance is mandatory.
The Supreme Court Today (May 17th) sought the Centre’s stand on a petition challenging the marital rape exception under the new criminal laws. A bench headed by CJI D Y Chandrachud issued notice on the petition by the All India Democratic Women’s Association (AIDWA) and said it would be listed for hearing in July along with other petitions seeking to criminalise marital rape.
The government has declared the implementation of three new criminal statutes from July 1, replacing colonial-era laws. These laws aim to prioritize “Indianness,” the Indian Constitution, and people’s well-being. However, there’s a temporary hold on a provision related to negligent driving due to public protests. The laws aim to advance the Indian criminal justice system globally.
The Bar Council of India (BCI) announced a pivotal initiative on Wednesday (21 Feb) to help legal practitioners adapt to new criminal codes. This includes a time-bound plan to implement new laws, replacing outdated ones from the 19th century. The BCI aims to support practitioners with comprehensive training and upskilling programs for a smooth transition.