New Delhi [India], The Bar Council of India (BCI) has requested all bar associations to refrain from any form of agitation or protest at this time and has assured that it will initiate talks with the Union Government, represented by the Union Home Minister and the Union Law Minister, to convey the concerns of the legal fraternity.
Through a press release, BCI stated that the numerous representations received from bar associations and state bar councils across the country, expressing strong protests against the recently introduced criminal laws i.e. Bharatiya Nyaya Sanhita (BNS). , Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya. Adhiniyam (BSA).
He stated that these Bar Associations have expressed their intention to engage in indefinite agitations and protests unless these laws are suspended and subjected to thorough debates at the national level, including a thorough review by Parliament.
Concern has been raised that several provisions of these new laws are perceived as anti-people, more draconian than the colonial-era laws they are intended to replace, and pose a serious threat to the fundamental rights of citizens. Notable legal luminaries like Kapil Sibal (SCBA President and Member of Parliament), Abhishek Manu Singhvi, Mukul Rohatgi, Vivek Tankha, P. Wilson (Senior Advocates and Members of Parliament), Dushyant Dave (Senior Advocate and Former President of SCBA), Indira Jaising (senior advocate), along with a large number of senior advocates and other advocates of various high courts and trial courts, have expressed strong opposition to these laws.
Several bar associations have also called for a re-examination of the provisions of the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA), besides a review of the Bharatiya Nyaya Sanhita (BNS). , Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA), stating that these laws contravene the principles of fundamental rights and natural justice.
After careful consideration of these demands and concerns, the Bar Council of India requests all bar associations to refrain from any form of agitation or protest at this time.
"The BCI will initiate talks with the Union Government, represented by the Union Home Minister and the Union Law Minister, to convey the concerns of the legal fraternity," said senior advocate Manan Kumar Mishra, president of the Bar Council of India.
The BCI will also seek the intervention of Union Environment Minister Bhupendra Yadav, who is an advocate, to mediate in the matter.
In addition, the BCI requests all Bar Associations and Senior Advocates to submit specific provisions of the new laws that they consider unconstitutional or prejudicial, to facilitate a productive dialogue with the Government.
The Bar Council of India recalls the assurance given by the Union Home Minister at the International Bar Conference organized by the BCI in September 2023, where it was stated that the Government is ready to amend any provision of these laws if There are valid reasons and plausible suggestions. are presented, says the press release issued by BCI.
Taking specific suggestions from the Bar Associations, the BCI will constitute a committee comprising prominent lawyers, former judges, impartial social activists and journalists to propose necessary amendments to these new laws.
The Bar Council of India assured the bar associations and the legal community that these issues are being taken seriously and there is no cause for immediate concern.
Accordingly, there is no immediate need for agitation, protests or strikes in relation to this issue, BCI said.
Through a press release, BCI stated that the numerous representations received from bar associations and state bar councils across the country, expressing strong protests against the recently introduced criminal laws i.e. Bharatiya Nyaya Sanhita (BNS). , Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya. Adhiniyam (BSA).
He stated that these Bar Associations have expressed their intention to engage in indefinite agitations and protests unless these laws are suspended and subjected to thorough debates at the national level, including a thorough review by Parliament.
Concern has been raised that several provisions of these new laws are perceived as anti-people, more draconian than the colonial-era laws they are intended to replace, and pose a serious threat to the fundamental rights of citizens. Notable legal luminaries like Kapil Sibal (SCBA President and Member of Parliament), Abhishek Manu Singhvi, Mukul Rohatgi, Vivek Tankha, P. Wilson (Senior Advocates and Members of Parliament), Dushyant Dave (Senior Advocate and Former President of SCBA), Indira Jaising (senior advocate), along with a large number of senior advocates and other advocates of various high courts and trial courts, have expressed strong opposition to these laws.
Several bar associations have also called for a re-examination of the provisions of the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA), besides a review of the Bharatiya Nyaya Sanhita (BNS). , Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA), stating that these laws contravene the principles of fundamental rights and natural justice.
After careful consideration of these demands and concerns, the Bar Council of India requests all bar associations to refrain from any form of agitation or protest at this time.
"The BCI will initiate talks with the Union Government, represented by the Union Home Minister and the Union Law Minister, to convey the concerns of the legal fraternity," said senior advocate Manan Kumar Mishra, president of the Bar Council of India.
The BCI will also seek the intervention of Union Environment Minister Bhupendra Yadav, who is an advocate, to mediate in the matter.
In addition, the BCI requests all Bar Associations and Senior Advocates to submit specific provisions of the new laws that they consider unconstitutional or prejudicial, to facilitate a productive dialogue with the Government.
The Bar Council of India recalls the assurance given by the Union Home Minister at the International Bar Conference organized by the BCI in September 2023, where it was stated that the Government is ready to amend any provision of these laws if There are valid reasons and plausible suggestions. are presented, says the press release issued by BCI.
Taking specific suggestions from the Bar Associations, the BCI will constitute a committee comprising prominent lawyers, former judges, impartial social activists and journalists to propose necessary amendments to these new laws.
The Bar Council of India assured the bar associations and the legal community that these issues are being taken seriously and there is no cause for immediate concern.
Accordingly, there is no immediate need for agitation, protests or strikes in relation to this issue, BCI said.
