Senior Congress leader P. Chidambaram has raised concerns over the procedural lapses in the enactment of the three new criminal laws, which came into effect on July 1. The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam, which replace the British-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, have been criticized for bypassing the Law Commission’s traditional role in the legislative process.
Addressing a protest organized by the DMK advocate wing in Chennai, Chidambaram alleged that the Centre had sidestepped the Law Commission in drafting the new laws. According to him, the Law Commission, composed of retired judges, legal experts, professors, and permanent legal staff, typically engages in comprehensive consultations with bar council members, advocate associations, and other stakeholders to prepare drafts for parliamentary consideration.
Chidambaram contends that instead of involving this established body, the government appointed a panel of five or six “part-timers” who were not adequately equipped to handle the complexities of such significant legislative changes. “The laws were not referred to the Law Commission, nor was it consulted. This is wrong,” he asserted.
The Congress leader also criticized specific aspects of the new laws, highlighting what he perceives as regressive elements. He pointed out that while many countries worldwide have abolished the death penalty, the new laws have introduced solitary confinement as a punishment. Chidambaram described solitary confinement as an “unusual and cruel punishment” that contradicts constitutional principles. He argued that such punitive measures are not found in modern legal systems across the globe.
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Furthermore, Chidambaram expressed confusion over the distinctions made between life sentences and life imprisonment until death, questioning the necessity and implications of these changes. “What is the difference between life sentence and life sentence to the remainder of life?” he asked, challenging the rationale behind the legislative amendments.
The Congress leader also emphasized the need for a thorough debate on the new laws, which he claims the government has resisted. He criticized the process of enacting the laws as lacking in transparency and due diligence, asserting that the majority of the new laws amounted to mere “cut, copy, and paste” work from existing statutes. He contended that rather than introducing comprehensive reforms, the government opted for a superficial overhaul that only altered section numbers, thus creating additional confusion for legal professionals.
“I did not say there should be no reforms; they should have brought an amendment. They changed only the section numbers. Advocates, judges, and police should now read again,” Chidambaram remarked, underscoring the disruption caused by the changes.
In summary, P. Chidambaram’s remarks reflect significant discontent with the manner in which the new criminal laws were enacted, emphasizing the perceived neglect of established legal processes and the potential for confusion and negative consequences stemming from the recent legislative changes.
