Bills to revamp criminal laws moved with electric speed
By Manish Anand
New Delhi, August 12: Union Minister for Home Affairs Amit Shah on Friday surprised the Opposition to introduce a set of three bills in the Lok Sabha to overhaul criminal laws. The bills moved with cruise speed in the government amid top secrecy, revealed sources.
Bhartiya Nyaya Sanhita Bill seeks to replace Indian Penal Code (IPC), 1860. Bhartiya Nagrik Suraksha Sanhita Bill seeks to replace Criminal Procedure Code, 1898 (1973). Bhartiya Sakshya Adhiniyam will replace Indian Evidence Act, 1872.
The Ministry of Home Affairs has claimed that the Bills were brought before the Lok Sabha after exhaustive consultations with a cross-section of the stakeholders, which included the members of parliament as well as Indian Police Service (IPS) officers.
However, sources said, the bills were with the Ministry of Law and Justice for a brief period – one and a half days – for the vetting. The legislative proposals, piloted by ministries, are vetted by the Ministry of Law and Justice before they are brought before the Cabinet and subsequently to parliament.
“Even before the physical copies of the bills reached the Ministry of Law and Justice, calls were made for speedy clearance and sending back the bills quickly,” said a senior official on the condition of anonymity.
As part of a pattern, scribes covering the Ministry of Home Affairs had no wind of the three bills being framed for which Shah is said to have attended several dozen meetings. A note circulated by the government informally claims that Shah attended as many as 58 formal review meetings and 100 informal meetings.
“Suggestions were received from 18 States, six Union Territories, Supreme Court of India, 16 High Courts, five Judicial Academies, 22 law universities and 142 Members of Parliament. IPS officers and state and central forces also sent suggestions,” said the note, adding that the Ministry of Home Affairs initiated the reform process in 2019.
Within the ministries, the bureaucrats are speaking of the speed at which the three bills moved, with some of them claiming that some key officials were also unaware of the legislative proposals until a few days ago.
The backgrounder note of the government claimed that the bills were brought in line with the recommendations of the various reports of the Law Commission of India, Committees like Bezbarua Committee, Viswanathan Committee, Malimath Committee, and Madhan Menon Committee. Besides, the bills also drew from the reports of the Parliamentary Standing Committee on Home Affairs — 146th report in 2010, 111th Report (2005) and 128th Report (2006).