Bar Council to Engage with Government on Concerns Over New Criminal Laws

The Bar Council of India (BCI) has assured Bar Associations and State Bar Councils nationwide that it will initiate conversations with the Central Government concerning the implementation of newly introduced criminal laws. The Council has urged the legal community to refrain from protests or agitations, taking upon itself the responsibility to communicate their concerns to the government.

Recalling the assurances provided by the Hon’ble Union Home Minister during the International Lawyers’ Conference organized by the BCI in September 2023, the Council emphasized the government’s willingness to amend any provisions of these laws if valid reasons and plausible suggestions are presented.

“The BCI will initiate discussions with the Union Government, represented by the Hon’ble Union Home Minister and the Hon’ble Union Law Minister, to convey the concerns of the legal fraternity. The BCI will also seek the intervention of the Hon’ble Union Minister for Environment, Mr. Bhupendra Yadav, who is an advocate, to mediate in this matter,” the Council stated in a press release.

Additionally, the BCI has requested all Bar Associations and Senior Advocates to submit specific provisions of the new laws they deem unconstitutional or detrimental. This will facilitate a productive dialogue with the Government.

“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 Council further stated.

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.

Notable legal luminaries such as Mr. Kapil Sibal (President, SCBA and Member of Parliament), Mr. Abhishek Manu Singhvi, Mr. Mukul Rohatgi, Mr. Vivek Tankha, Mr. P. Wilson (Senior Advocates and Members of Parliament), Mr. Dushyant Dave (Senior Advocate & former President, SCBA), and Mrs. Indira Jaising (Senior Advocate), along with a large number of Senior Advocates and other Advocates from several High Courts and Trial Courts, have voiced strong opposition to these laws.

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