New Delhi, June 27
The Bar Council of India (BCI) has requested all bar associations across India to refrain from any immediate agitation or protest against the new criminal justice laws—Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya—which will come into effect from July 1. The BCI, which regulates the legal profession in India, said that various “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.”
However, in a statement released last evening, the BCI urged the bar bodies to refrain from any protest against the three criminal laws. “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,” BCI Chairman Manan Kumar Mishra said in a statement.
“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 read.
The BCI said it would also seek the intervention of Union Minister for Environment Bhupendra Yadav, an advocate, to mediate in the matter.
“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 said, adding, 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.
However, the BCI assured the bar associations and the legal fraternity that these issues were being taken seriously and there was no cause for immediate concern. “Consequently, there is no immediate necessity for agitation, protests, or strikes in relation to this issue,” the BCI said.
It recalled the assurances given by the Union Home Minister at the International Lawyers’ Conference organised by the BCI in September 2023, where it was stated that the Government was willing to amend any provision of these laws if valid reasons and plausible suggestions were presented.
The BCI said 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 three new criminal laws.
