The Bar Council of India (BCI) has called on Bar Associations to hold off on strikes, protests, or agitations against three new criminal laws set to be implemented on July 1. The BCI, addressing concerns raised by lawyers, has promised the formation of a committee to tackle these issues and suggest necessary amendments.
In a statement released on June 26, the BCI emphasized that it would involve senior lawyers, former judges, impartial social activists, and journalists in the committee to review and address the flagged concerns. This statement comes in response to threats of indefinite protests from several Bar Associations unless the new laws are suspended for thorough nationwide discussions and a comprehensive review by Parliament.
“The Bar Council of India assures the Bar Associations and the legal fraternity that these issues are being taken seriously and there is no cause for immediate concern. Consequently, there is no immediate necessity for agitation, protests, or strikes in relation to this issue,” read the BCI’s statement.
The new laws—the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA)—are set to replace the colonial-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, aiming to introduce several reforms. These bills were passed by the Lok Sabha on December 20, 2023, amid controversy and without the presence of 97 suspended opposition Members of Parliament.
The State Bar Council of West Bengal has already declared July 1 as ‘Black Day,’ condemning the new laws as anti-people, undemocratic, and likely to cause significant hardships.
In response to these tensions, the BCI assured that discussions with the Central government would be initiated to convey the legal fraternity’s concerns. The BCI also plans to involve Union Minister for Environment Bhupendra Yadav, who is also an advocate, to mediate the matter.
Bar Associations and senior advocates are invited to submit specific provisions they find unconstitutional or detrimental to facilitate a productive dialogue. The BCI further noted that the Union Home Minister had previously assured willingness to amend any provisions of the new laws if valid reasons were provided.
Upon collecting detailed suggestions from the Bar Associations, the BCI will establish a committee of distinguished professionals to propose necessary amendments.