West Bengal Chief Minister Mamata Banerjee has urged Prime Minister Narendra Modi to defer the implementation of three newly passed criminal laws, which are set to take effect on July 1, 2024. In a letter to the Prime Minister, Banerjee expressed “grave concern” over the hasty passage of the laws—The Bharatiya Nyaya Sanhita (BNA) 2023, The Bharatiya Sakshya Act (BSA) 2023, and The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023—requesting a delay in their implementation to allow for a thorough parliamentary review.
The Trinamool Congress chief highlighted that these critical pieces of legislation were passed in Parliament without proper debate or deliberation, as many MPs had been suspended during the session. Banerjee’s letter stressed the need for democratic scrutiny and practical preparations before such wide-reaching legal reforms are enforced.
Concerns over lack of debate
Banerjee’s main concern stems from the manner in which the laws were passed in the Lok Sabha. She pointed out that the three bills were passed at a time when 146 members of Parliament were suspended from both Houses, effectively silencing a large portion of lawmakers. “The outgoing government of yours had passed these three critical bills unilaterally, and with absolutely no debate,” Banerjee wrote. “That day, almost 100 members of the Lok Sabha had been suspended and a total of 146 MPs of both Houses were thrown out of Parliament.”
The West Bengal chief minister described the passage of the bills as an “authoritarian” move, stating that it was a dark moment for India’s democracy. According to Banerjee, the lack of debate and discussion on these bills undermined the democratic process and did not provide an opportunity for meaningful input from elected representatives.
Call for ethical and practical deferment
In her letter, Banerjee argued that deferring the implementation of the new laws is both an ethical and practical necessity. From an ethical standpoint, she emphasized the importance of allowing the newly elected Parliament, following the 2024 general elections, to review and scrutinize the laws afresh. “Significant legislative changes should be placed before the newly elected Parliament for fresh deliberation and scrutiny,” Banerjee said, adding that such a move would reinforce democratic values and ensure that the people’s representatives have a chance to examine the proposed reforms thoroughly.
Banerjee also noted that concerns regarding the hurried passage of the laws have been raised in the public domain, and she believes that a renewed parliamentary review would demonstrate a commitment to democratic principles. “Given the wide-ranging reservations expressed in the public domain regarding the hurriedly passed new laws, fresh Parliamentary review of these attempts would demonstrate a commitment to democratic principles,” she wrote.
Need for adequate preparation
In addition to the ethical argument, Banerjee presented a practical rationale for postponing the implementation. She pointed out that far-reaching legal changes, such as those proposed in the new criminal laws, require extensive groundwork to ensure effective enforcement. According to her, this includes training law enforcement personnel and judicial officers, who will be responsible for administering the new laws.
“Any far-reaching legal change requires meticulous groundwork beforehand to ensure effective enforcement and administration, and we do not have any reason to avert such homework,” Banerjee stated. She stressed that without adequate preparation, the implementation of the new laws could face significant challenges.
Appeal for democratic review
In her appeal, Banerjee made it clear that she believes deferring the implementation of the three laws would benefit the country in several ways. She argued that postponing the rollout would allow for a renewed parliamentary review, which in turn would reinforce public trust in the legal system. Banerjee expressed confidence that such a delay would uphold the rule of law in India and contribute to a more transparent and democratic process.
“I humbly request you to consider our appeal for a deferment of the implementation of The Bharatiya Nyaya Sanhita (BNA) 2023, The Bharatiya Sakshya Act (BSA) 2023, and The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023,” Banerjee said in her letter. She added that a postponement would enable Parliament to review the laws again, strengthen public trust, and ensure that the transition to the new legal framework is smooth.
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Union government’s position
Despite Banerjee’s concerns, the Union government has indicated that it is moving ahead with the implementation of the new laws. Union Law and Justice Minister Arjun Ram Meghwal has confirmed that the three criminal laws will come into effect from July 1, 2024, as planned.
The Bharatiya Nyaya Sanhita (BNA) 2023 is set to replace the Indian Penal Code (IPC), the Bharatiya Sakshya Act (BSA) 2023 will replace the Indian Evidence Act, and the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 will replace the Code of Criminal Procedure (CrPC). The new laws aim to modernize and reform India’s criminal justice system, but their hasty passage and lack of parliamentary debate have sparked significant controversy.
Mamata Banerjee’s letter to Prime Minister Modi reflects growing concerns over the rushed passage and impending implementation of the three new criminal laws. By calling for a deferment, she seeks to ensure that democratic processes are respected and that proper preparations are made before these sweeping changes come into effect. As the July 1 deadline approaches, it remains to be seen whether the Union government will respond to Banerjee’s request or proceed as scheduled with the rollout of the new legal framework.
