After objections, state to withdraw organised crime, body disposal Bills

The Haryana government is set to withdraw the Haryana Control of Organised Crime Bill, 2023, following the objections raised by the Centre. This marks the third time the Bill will be withdrawn.

Congress flagged ‘draconian’ provisions

• The Haryana Control of Organised Crime Bill was passed by the Assembly for the third time on March 22, 2023, despite the Congress’ objections to its alleged ‘draconian’ provisions
• The Bill included punishments of up to life imprisonment for advocating organised crime and penalties if the accused could not explain possession of certain properties. It also allowed confessions made before an SP-rank officer to be admissible as evidence

The Bill included stringent provisions to prevent and control criminal activities by organised crime syndicates or gangs. Additionally, the government is also withdrawing the Haryana Honourable Disposal of Dead Body Bill, 2024.

The Haryana Control of Organised Crime Bill was passed by the Haryana Legislative Assembly for the third time on March 22, 2023, despite the Congress’s objections to its allegedly “draconian” provisions. The Bill included punishments of up to life imprisonment for advocating organised crime and penalties if the accused could not explain possession of certain properties. It also allowed confessions made before an SP-rank officer to be admissible as evidence.

After being passed, the Bill was sent to the Governor, who reserved it for the President’s assent under Article 201 of the Constitution. The Bill was then forwarded to the Union Ministry of Home Affairs (MHA) for consideration. The MHA sought input from the Ministry of Law and Justice and the Ministry of Finance, which identified certain discrepancies. Consequently, the MHA requested the Haryana government to withdraw the Bill and submit a revised version after incorporating the suggestions.

Following deliberations, the state government decided to request the MHA to return the Bill. The Council of Ministers also resolved to withdraw it. On November 18, the government will move a resolution in the Legislative Assembly to formalise this decision.

The first version of the Bill was passed in August 2019, but the Centre raised concerns about the authorisation of phone interceptions included in the Bill. It was conveyed that the provisions for phone interception already existed under the Indian Telegraph Act and the Information Technology Act, leading to the Bill’s withdrawal on November 5, 2020.

A revised version of the Bill was subsequently passed on November 6, 2020, with the required modifications. However, the Centre found the second version to be in conflict with provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, prompting its withdrawal on August 8, 2022.

Regarding the Haryana Honourable Disposal of Dead Body Bill, 2024, the Governor reserved it for the President’s consideration. The MHA then sought comments from Haryana based on observations raised by the Ministry of Health and Family Welfare. This Bill prohibits the use of a body “for remonstration of any kind.”

While the matter was under review by the state government, three new criminal laws — the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyan, 2023 — were implemented on July 1. These laws replaced the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872.

After deliberation, the state government decided to request the MHA to return the Bill so that a fresh version could be introduced. The revised Bill will incorporate provisions from the newly enacted criminal laws and address the Centre’s observations, according to the resolution to be moved in the House on November 18.