The Bar Council of India (BCI) has urged all bar associations to abstain from immediate agitation or protest in response to the new criminal justice laws.
The country’s criminal justice system is set for a complete overhaul with the implementation of recently passed legislation—the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, effective from July 1, 2024.
In a statement, senior advocate and BCI Chairman Manan Kumar Mishra acknowledged numerous submissions from state bar councils and nationwide bar associations, expressing strong opposition to the newly enacted criminal laws through a resolution passed on June 26.
Criticism of New Laws
Concerns have been raised that several provisions of these new laws are perceived as anti-people, more draconian than the colonial-era laws they intend to replace, and pose a serious threat to citizens’ fundamental rights. The statement noted that many “legal luminaries” and advocates have vehemently opposed these laws.
Several bar associations have also called for a fresh examination of provisions within the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA), urging a re-evaluation of the new laws, citing conflicts with fundamental rights and principles of natural justice.
BCI’s Position and Initiatives
In response to these concerns, the BCI has urged restraint from agitation or protest at this juncture. It plans to initiate dialogues with the Union Government, including discussions with the Union Home Minister and Union Law Minister, to communicate the legal fraternity’s apprehensions.
It added that the apex body of lawyers would also seek intervention from the Union Minister for Environment, Bhupendra Yadav, an advocate, to mediate in the matter.
Additionally, the BCI has requested bar associations and senior advocates to submit specific objections to unconstitutional or detrimental provisions of the new laws to foster constructive engagement with the government.
It emphasized that Union Home Minister Amit Shah had expressed the government’s willingness in September 2023 to amend any provision of these laws if “valid reasons and plausible suggestions” were presented.
“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 statement said.
“The BCI assures the bar associations and the legal fraternity that these issues are being taken seriously and there is no cause for immediate concern. Consequently, there is no immediate necessity for agitation, protests, or strikes in relation to this issue,” it concluded.
The three laws were approved by Parliament on December 21 last year, and President Droupadi Murmu gave her assent to them on December 25. As per three identical notifications issued by the Union Home Ministry, the provisions of the new laws will come into effect on July 1, 2024.
