Bar Council of India requests that bar associations abstain from demonstrating in opposition to new criminal laws

Bar Council of India promises discussion and changes, but asks the legal community to abstain from protesting against new criminal legislation

The Bar Council of India (BCI) has asked State Bar Councils and Bar Associations throughout the country to hold no protests or agitations in opposition to the recently implemented criminal laws at this time.

The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) are the three recently introduced criminal laws. The BCI acknowledged the many representations from Bar Associations and State Bar Councils across the country in a resolution passed on June 26.

The State Bar Councils and Bar Associations have declared their intention to participate in ongoing agitations and protests in the event that these laws are not suspended and are the topic of extensive national discourse, including a thorough examination by Parliament.

Among the worries expressed are that a number of these new laws’ provisions are thought to be anti-people, more oppressive than the laws from the colonial era they are meant to replace, and a major danger to residents’ fundamental rights.

The BCI observed that a number of bar associations have also demanded a new investigation of the provisions of the Unlawful Activities (Prevention) Act (UAPA) and the Prevention of Money Laundering Act (PMLA), claiming that these laws go against the fundamental rights and natural justice principles.

In order to express the concerns of the legal community, the BCI stated that it will start talks with the Union Government, which is represented by the Union Law Minister and the Union Home Minister. The BCI stated that it will also look to advocate Bhupendra Yadav, the Union Minister for Environment, to resolve this issue.

The BCI Chairman, Manan Kumar Mishra, added, “To facilitate a productive dialogue with the Government, the BCI requests all Bar Associations and Senior Advocates to submit specific provisions of the new laws they deem unconstitutional or detrimental.”

Mr. Mishra stated that the Council will organize a committee made up of eminent Senior Advocates, former judges, unbiased social activists, and journalists to make the required changes to these new legislation after receiving specific recommendations from the Bar Associations.

“There is no reason for immediate concern, and the Bar Council of India assures the legal fraternity and Bar Associations that these issues are being taken seriously.” As a result, agitation, protests, or strikes are not immediately necessary in regard to this matter, according to Mr. Mishra.

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