Bengal assembly passes resolution seeking review of new laws replacing IPC CrPC

    Kolkata, Aug 1 (PTI) The West Bengal assembly on Thursday passed a resolution seeking a review by the Union government of the new laws implemented in the country replacing the IPC and the CrPC.

    Opposition BJP members criticised the resolution, arguing that it was a waste of time of the House given that the new laws had already come into effect.

    They dismissed the TMC members' claims that the new laws were "draconian and anti-people" as unsubstantiated.

    Following a two-day discussion on the resolution, which was brought by the state's Law Minister Moloy Ghatak and other Trinamool Congress members, the House passed it on voice vote.

    The resolution urged upon the Centre through the West Bengal government to review the new laws to evolve consensus views of jurists, social activists and citizens in the interest of good governance and to protect the principles of fundamental rights and natural justice.

    The three new criminal laws - Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam came into effect across the country from July 1, replacing the Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and Indian Evidence Act respectively.

    Opposing the resolution, Leader of Opposition Suvendu Adhikari said that stakeholders' opinions, including that of West Bengal Chief Minister Mamata Banerjee, were taken before the Bill was passed in Parliament.

    He stated that Banerjee had sent her opinion, suggestions and objections by letter to the Union government on the matter in November 2023, claiming that she said before enacting the new laws, utmost care must be taken and all stakeholders must be consulted.

    Adhikari said that the Union Home Minister had replied to Banerjee's letter in the second week of December 2023.

    He said the Union government enacted the three laws under powers vested in it under the Concurrent List given in the Constitution and as such the resolution and its discussion meant wasting the valuable time of the assembly.
    The BJP legislator said that the Law Commission had on various occasions and different committees formed by the central government suggested changing the old laws.
    Maintaining that it was not true, as claimed by the Treasury bench members, that the police have been given overarching powers in the new laws, the BJP leader said these rather ensure the rights of the citizens against any overaction by the police.
    The state law minister said that most of the provisions in the new laws are the same as the old ones.
    He maintained that the Law Commission was not consulted before the new laws were enacted.
    Ghatak said all the stakeholders were not consulted, stating that opinions of the bar associations and bar councils, which are the bodies of lawyers, were not taken.
    He said that the chief minister had written three letters to the Union government - first one on November 29, 2023, second on December 16, 2023 and the third on June 20, 2024.
    Ghatak said that the CM had asked for opinions of all stakeholders to be taken before the new laws were enacted or put into effect.
    It is not right for the opposition to say that it is futile to discuss the matter after the laws have already been put into force.

(This story has not been edited by THE WEEK and is auto-generated from PTI)