BCI urges Bar Associations to refrain from holding strikes over new criminal laws

The Bar Council of India (BCI) has urged Bar Associations in India to refrain from holding strikes, protests or agitations to oppose the three new criminal laws that are slated to come into force from July 1. .In a communication issued on June 26, Wednesday, the BCI assured that it would set up a committee comprising senior lawyers, former Judges, impartial social activists, and journalists to resolve issues flagged in the new laws. The BCI issued the communication after noting that several Bar Associations had intimated that they would engage in indefinite agitations unless the new laws were suspended and subjected to thorough nationwide discussions, including a comprehensive review by Parliament. "The Bar Council of India 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," the statement signed off by BCI Chairman Manan Kumar Mishra said. .The three new criminal laws, namely the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA), are slated to take effect on July 1. The three bills proposing the enactment of these laws were passed by the Lok Sabha on December 20, 2023, in the absence of 97 opposition Members of Parliament who were under suspension at the time. It was passed by the Rajya Sabha the next day.The laws were meant to replace the colonial-era criminal laws in India (namely, the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act) and introduce several reforms.However, the move also stoked some controversy, including over how it was passed in Parliament, its potential impact on existing criminal cases, the practical challenges involved in implementing the law after such an overhaul and even the names of the new laws.The State Bar Council of West Bengal announced on Wednesday that it would be observing July 1 (when the new laws will come into force) as 'Black Day', after passing a resolution which decried the three laws are anti-people, undemocratic and likely to cause great hardships to the common man..In the wake of these developments, the BCI has now assured that it would initiate discussions with the Central government to convey the concerns of the legal fraternity with respect to the new laws. The BCI added that it would also seek the intervention of the Union Minister for Environment, Bhupendra Yadav, who is also an advocate, to mediate the matter. Additionally, the BCI has requested 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 BCI further noted that the Union Home Minister had already assured during an International Lawyers’ Conference organized by the BCI in September 2023 that the government is willing to amend any provision of these laws if there are valid reasons to do so. "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 BCI added. .[Read BCI communication]