After Tamil Nadu, other Opposition-ruled states mull changes in criminal laws

Animesh Singh

New Delhi, July 13

With the Tamil Nadu Government setting up a single judge committee to review and suggest changes to the three new criminal laws that were rolled out on July 1 across the country, several other opposition INDIA bloc-ruled states have been preparing to follow suit.

Legal experts are of the view that since the three laws — Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA), which replaced the Indian Penal Code, the Code of Criminal Procedure and the Evidence Act, respectively — fall in the Concurrent List of the Constitution, these can be amended by states.

Prof MP Singh, former dean, Faculty of Law, University of Delhi, told The Tribune that the states had the right to amend the laws as these fell under the Concurrent List. “Depending on the situation, circumstances and requirements, states can amend criminal laws. As they fall under the Concurrent List, both the Centre and states can make changes. But there should not be any conflict in these changes. In case of a conflict, the Centre can prevail over states. At the same time though, changes can be effected by states as procedural safeguards,” Prof Singh said.

On July 8, Tamil Nadu Chief Minister MK Stalin had set up a one-man committee under retired Madras High Court Judge M Satyanarayanan, which has been mandated to study the three new criminal laws and suggest changes at the state level. One of the main objections of the Tamil Nadu Government has been the nomenclature of the laws, which are in Hindi.

The committee has been directed to study whether changes can be made in the nomenclature of titles. The panel will submit its report within a month to the state government. Similarly, other states like West Bengal, Kerala and Karnataka are also learnt to be considering possibilities of making amendments in the laws.

Last month, the Congress along with the Trinamool Congress and the DMK had demanded that the laws be kept in abeyance and not be rolled out on July 1, as these were “bulldozed through Parliament without proper debate as 146 MPs were suspended from the Lok Sabha and the Rajya Sabha then”. The Congress had further said that the laws were “bulldozed through” the Standing Committee on Home Affairs as well without detailed interactions with stakeholders across the country.

On July 1, Karnataka minister HK Patil said in Bengaluru that Chief Minister Siddaramaiah had written to the Centre last year, suggesting changes in the laws, but several of these were not considered. Siddaramaiah had written to Union Home Minister Amit Shah in October last year with 23 suggestions for changes in the BNNS and the BSA Bills. The recommendations were based on an expert committee formed in the state to look into the new laws, Patil had said. “If the Centre does not heed the state’s request to defer the implementation of these laws that have been promulgated ignoring public opinion and the suggestion of legal luminaries, Karnataka will make use of the constitutional provisions to enact amendments,” Patil had said.

Subject falls in Concurrent List

Legal experts are of the view that since the three laws —Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam, which replaced the Indian Penal Code, the Code of Criminal Procedure and the Evidence Act, respectively — fall in the Concurrent List of the Constitution, these can be amended by states. Prof MP Singh, former dean, Faculty of Law, University of Delhi said the states had the right to amend the laws as these fell under the Concurrent List