The MK Stalin-led Tamil Nadu government has ordered the formation of a committee to review the recently implemented criminal laws and amend them in ways that will suit the state’s law and order situation.
The criminal laws, that were put into force on July 1, replaced the British-era Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) and the Evidence Act with Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam respectively.
Police across the country have also made a number of arrests under the new criminal codes since it was put into effect.
However, advocates within the justice system and the Opposition have been apprehensive about the new laws.
What’s TN government’s arguments?
Tamil Nadu Chief Minister MK Stalin on Monday chaired a high-level meeting with the Secretariat where he directed officials to set up a one-man panel to be led by retired judge of the Madras High Court, Justice M Sathyanarayanan.
The panel would study the new laws to propose amendments including ‘state-level name change’ for the three laws.
“This committee will clearly examine the new laws, hold consultations with stakeholders including advocates at the state level and submit a report (on state-level amendments) within one month to the state government,” an official release here said.
The government said the names for the new laws (the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagrik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023) are in Sanskrit which goes against the Constitution. Also, no proper debate was held in the Parliament and the opinions of state governments were not taken. The laws were adopted and enforced in haste leading to nationwide opposition and protests.
Stalin had earlier written a letter to Union Home Minister Amit Shah, highlighting “issues” in the new laws and urging the Centre to defer enforcing the three laws.
In a statement to Indian Express, a senior official of the state’s Law Department said, ““there are some errors in certain basic sections.”
Indian lawyers protest against new laws
Meanwhile, lawyers across India on July 8 held protests against the new criminal laws, noting that they might overburden the judicial system.
Indian lawyers fear old cases could continue to drag on as the ruling deadlines apply only to new cases after July 1. And there is confusion about which laws – old or new – will apply to cases registered after July 1 for a crime committed before that date.
“It only increases and complicates work for lawyers,” said Delhi-based lawyer Shadan Farasat, adding that many provisions will need to be interpreted afresh by courts which could increase litigation.
Two lawyer associations with more than 13,000 members in India’s southern state of Tamil Nadu have announced plans to boycott court work on Monday in protest against the laws.
With inputs from agencies
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