BCI urges bar associations to refrain from protesting against 3 criminal laws

The Bar Council of India (BCI) on Wednesday, 26 June requested all bar associations to refrain from any immediate agitation or protest regarding the new criminal justice laws.

The newly enacted laws -- Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Act -- to completely overhaul the criminal justice system in the country will come into effect from 1 July.

Senior advocate and BCI chairman Manan Kumar Mishra said in a statement that in a resolution passed on Wednesday, the apex lawyers' body acknowledged the numerous representations received from bar associations and state bar councils across the country, 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," the statement said.

"Concerns have been raised that several provisions of these new laws are perceived to be anti-people, more draconian than the colonial-era laws they intend to replace, and pose a serious threat to the fundamental rights of citizens," it added.

The communication said several "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), apart from having a relook at the new laws, asserting that these laws contravened the principles of fundamental rights and natural justice, it said.

"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 said.

It said that the top lawyers' body would also seek the intervention of the Union Minister for Environment Bhupendra Yadav, an advocate, to mediate in the 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," the statement said.

It underlined that the Union Home Minister Amit Shah had said in September 2023 about the willingness of the government 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 added.

The three laws got the Parliament's approval on 21 December last year and president Droupadi Murmu gave her assent to them on 25 December.

According to three identical notifications issued by the Union Home Ministry, provisions of the new laws will come into force from 1 July.