The Standing Committee on Home Affairs has three months time to examine the Bills and submit its report.
Published Aug 19, 2023 | 3:47 PM ⚊ Updated Aug 19, 2023 | 3:47 PM
Rajya Sabha Chairman Jagdeep Dhankhar. (Vice President's Secretariat/Wikimedia Commons)
The Bharatiya Nyaya Sanhita Bill, 2023, Bharatiya Nagarik Suraksha Sanhita Bill, 2023, and the Bharatiya Sakshya Bill, 2023, have been referred to the Standing Committee on Home Affairs.
Union Home Minister Amit Shah tabled the Bills in the Lok Sabha on 11 August to “decolonise” criminal laws. The Standing Committee has three months to submit its report.
Rajya Sabha Chairman Jagdeep Dhankhar referred the three Bills to the Standing Committee on Friday, 18 August.
“Members are informed that on 18th August 2023, the Chairman, Rajya Sabha, in consultation with the Speaker, Lok Sabha has referred the Bharatiya Nyaya Sanhita, 2023; the Bharatiya Nagarik Suraksha Sanhita, 2023; and the Bharatiya Sakshya Bill, 2023, as introduced in the Lok Sabha and pending therein, to the Department-related Parliamentary Standing Committee on Home Affairs, for examination and report within three months,” a Rajya Sabha bulletin said.
The Bharatiya Nyaya Sanhita (BNS) provides for several changes in the existing provisions including that of defamation, attempt to commit suicide, and expanded the scope of offence against women pertaining to sexual intercourse by employing “deceitful means”.
It also lists new offences such as acts of secession, armed rebellion, subversive activities, separatist activities or endangering the sovereignty or unity in the new avatar of the sedition law.
For the first time, the word terrorism has been defined under the BNS which was not there under the IPC.
The Parliamentary Standing Committee on Home Affairs is of the Rajya Sabha and has members from both Houses of Parliament.
BJP Rajya Sabha MP Brijlal is the Chairman of the Standing Committee on Home Affairs. The Standing Committee would discuss the subject in detail, understand its pros and cons, and present it to Parliament within the stipulated time, Senior Advocate KM Vijayan told South First.
The Secretariat of the Standing Committee usually collects suggestions from various stakeholders. Sometimes, they call for a public hearing, too. However, the reality could be different.
“I have never seen a Standing Committee presenting a view contradictory to that of the government. There is no mention of Standing Committees in the Constitution and they are just business rules within Parliament,” Vijayan added.
“All stakeholders, including government officials, judges, advocates, police personnel, members of Bar Council of India and All state Bar Councils, may request the Standing Committee on Home Affairs for a personal hearing or send their objections. This will help them to respond and fine-tune the three Bills,” Rajya Sabha MP P Wilson said.
The DMK leader added that the stakeholders could even request the committee to change the title of the Bills which are currently in Hindi.
While presenting the Bill in the Lok Sabha, Amit Shah claimed that the proposed laws would revolutionise India’s criminal justice system and prioritise the protection of citizens’ rights.
He highlighted that the entire process, from filing an FIR to the case diary, charge sheet, and judgement, would be digitalised.
Tamil Nadu Chief Minister MK Stalin condemned the BJP government’s move to give Hindi names to the three laws. He accused the government of tampering with India’s diversity and promoting linguistic imperialism.
TKS Elangovan, a senior DMK leader and party spokesperson, criticized the use of the term “Bharatiya” instead of India in the Bills, stating that it reflected the fear of the term.
Wilson argued that the move violated Article 348 of the Indian Constitution. “Shocked to see the new names of the IPC, CrPC, and Evidence Act in Hindi. Maybe the Union Home Minister has not seen Article 348 of the Constitution of India” he said.
Article 348 pertains to language that has to be used in the Supreme Court and high courts and in naming Acts, Bills, etc, which is English.
(With PTI inputs)
