Senior advocate and DMK MP P Wilson met with Law and Justice Minister Arjun Ram Meghwal on Friday at Parliament to seek reconsideration of the need for enacting three new criminal laws.
These new laws, namely, Bharatiya Nagarik Suraksha Sanhita 2023, Bharatiya Nyaya Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023, are set to replace the Indian Penal Code of 1860, the Code of Criminal Procedure of 1973, and the Indian Evidence Act of 1872, and are scheduled to come into effect from July 1.
In a post on X, Wilson expressed the concerns of stakeholders, including lawyers, advocates associations, and various State Bar Councils, about the unrest caused by these acts.
He highlighted that these new laws have led to widespread protests and dissatisfaction within the legal community. He informed the Law Minister about the protests seeking to scrap the three enactments. Wilson further mentioned that the Law Minister assured him that the concerns would be looked into.
Wilson argued that the new enactments do not bring substantial changes and are essentially “old wine in a new bottle.” He urged the Minister to reconsider the necessity of these acts, emphasising the need for comprehensive discussions and reviews before implementation.
On June 26, the Bar Council of India (BCI) requested all Bar Associations to refrain from any form of agitation or protest at this juncture. The BCI assured that it would initiate discussions with the Union Government, represented by the Union Home Minister and the Law Minister, to convey the concerns of the legal fraternity.
The BCI received numerous representations from Bar Associations and State Bar Councils across the nation, expressing strong protests against the newly introduced criminal laws.
These Bar Associations have signalled their intent 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 to be anti-people and more draconian than the colonial-era laws they intend to replace. They pose a serious threat to the fundamental rights of citizens.
Notable legal luminaries such as Kapil Sibal, Abhishek Manu Singhvi, Mukul Rohatgi, Vivek Tankha, P. Wilson, Dushyant Dave, Indira Jaising, and many other Senior Advocates have voiced strong opposition to these 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 (UA(P)A), asserting that these laws contravene the principles of fundamental rights and natural justice.
The BCI has requested all Bar Associations to refrain from any form of agitation or protest at this juncture. BCI Chairman and senior advocate Manan Kumar Mishra said that the council will initiate discussions with the Union Government, represented by the Union Home Minister and the Law Minister, to convey the concerns of the legal fraternity.
The BCI will also seek the intervention of the Union Minister for Environment, Bhupendra Yadav, who is an advocate, to mediate in this matter.
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.
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