Defer Implementation Of 3 New Criminal Laws : West Bengal Chief Minister Writes To Prime Minister

The Chief Minister of West Bengal, Mamata Banerjee has written a letter to Prime Minister Narendra Modi seeking to defer the implementation of the three criminal law bills - Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam which are scheduled to come into force from July 1.

In her letter, the Chief Minister has called for a fresh reconsideration of the three bills by the new session of the Parliament. She said that the bills were passed in an 'authoritarian manner' by the Parliament on December 20 amidst a suspension row of 146 Members of both the Houses of the Parliament.

“That day, almost one hundred members of the Lok Sabha had been suspended and a total 146 MPs of the both Houses' 1 were thrown out of the Parliament. The Bills were passed in an authoritarian manner in that dark hour of democracy. Matter deserves review now.

Indeed, I urge your esteemed office now to consider at least a deferment of the implementation date.”

Ethical To Pass The Bills As Per Democratic Procedure ; Debate Will Ensure Inclusion Of Collective Will

CM Banerjee stressed that since the bills were passed in hurried fashion without adequate deliberation on them, it was necessary that a review of Bills be done.

“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.”

A proper review by all the freshly elected public representatives was necessary to assure the inculcation of views from diverse groups and contribute to strengthening the collective will of the citizenry.

“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. Such renewed parliamentary oversight/mandate would reinforce public confidence in the legislative process and enhance the legitimacy of the legal reforms.”

Practical To First Do Homework Before Implementing The Bills; Consider The Challenges And Preparatory Measures

On the practical reasoning for seeking deferment, the Chief Minister emphasized that it was imperative to undertake a thorough assessment and chalk out the measures to adequately train the law enforcement personnel and judicial officers before the laws could be made afloat .

“Practically , the request for postponement stems from a pragmatic assessment of the challenges and preparatory work required for a smooth transition, particularly concerning the training of law enforcement personnel and judicial officers. Any far-reaching legal change requires meticulous groundwork beforehand to ensure effective enforcement and administration and we do not have any reason to avert such homework.”

The Chief Minister also took objection to how in the recent conference organised by the Union Law Ministry on new bills excluded the engagement of the State Government although law and order was part of the State List.

"Pertinently, recently, the Ministry of Law and Justice, Government of India, organized a conference in Kolkata on this subject on 16th June 2024, and the Government of India did not involve the State Government in conducting the programme. This is highly objectionable and this should have been organized by the State Government as law & order is a State subject"

Recently, Union Law Minister Arjun Ram Meghwal clarified that the laws will come into force on July 1 itself.

It may be recalled that recently Senior Advocate Indira Jaisingh also addressed her concerns to Arjun Ram Meghwal, the Union Minister of Law and Justice regarding the enforcement of the three criminal bills. The details of the same can be read here.