At a time when the publishers are working overtime to bring out their respective first editions of the three new criminal laws, Bengal Chief Minister Mamata Banerjee has written Prime Minister Narendra Modi to stop for the time being the promulgation of the new legislations --- The Bharatiya Nyaya Sanhita (BNA), 2023, The Bharatiya Sakshya Adhiniyam (BSA), 2023, and The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 --- that are set to be implemented from July 1 --- and begin a "fresh deliberation and scrutiny" of these laws on the floor of Parliament.
The Bharatiya Nyaya Sanhita (BNA), 2023, The Bharatiya Sakshya Adhiniyam (BSA), 2023 and The Bharatiya Nagarik Suraksha Sanhita (BNSS) are to replace the Indian Penal Code (IPC), the Indian Evidence Act and the Criminal Procedure Code (CrPC).
Writing with a "grave concern regarding the impending - implementation of three crucial laws," Banerjee reminded the Prime Minister how when the new set of legislations were passed in December last year about 100 MPs had been suspended and how no debate had taken place on their passage.
In a quite strongly worded letter the Chief Minister wrote, "If you kindly recall, on the 20th of December last year… That day, almost one hundred members of the Lok Sabha had been suspended and a total 146 MPs of the both Houses were thrown out of the Parliament. The Bills were passed in an authoritarian manner in that dark hour of democracy. Matter deserves review now." More so on "ethical and practical reasons," she asserted.
"Ethically, I believe that it would be in the fitness of things to place these significant legislative changes before the newly elected Parliament for fresh deliberation and scrutiny. Given the wide-ranging reservations expressed in the public domain regarding the hurriedly passed new laws, fresh Parliamentary review of these attempts would demonstrate a commitment to democratic principles and foster greater transparency and accountability in the legislative process," Banerjee who had for the past several days been in touch with a number of other Chief Ministers and senior leaders of other parties nationwide wrote.
"This approach would afford the newly elected people's representatives the opportunity to thoroughly examine the proposed reforms, address concerns raised by various stakeholders, and ensure that the laws reflect the collective will and aspirations of the citizenry Banerjee wrote reminding how she had "argued that the outgoing Lok Sabha should not pass the new Bills with such far-reaching significance in undue hurry."
Citing "pragmatic assessment of the challenges and preparatory work required for a smooth transition, particularly concerning the training of law enforcement personnel and judicial officers" Banerjee said such exercise required meticulous groundwork beforehand to ensure effective enforcement of the new laws.
Citing as well the fact that law and order was a State subject Banerjee said referring to a June 16 conference on the issue held in Kolkata by the Ministry of Law and Justice such a practice was "highly objectionable" as the said conference "should have been organized by the State Government."
The Trinamool Congress had earlier alleged that the new laws were almost same as the old laws and amendments here and there could have sufficed. However the Government in pursuit of "domineering attitude" had messed up with the sections by interchanging their places but keeping their contents intact.
