Union Home Minister Amit Shah moves Bills to replace IPC, CrPC, IEA; DMK points to violation of Article 348

Amit Shah introduced three bills with Hindi names in the Lok Sabha, eliciting criticism for Hindi imposition and violating the Constitution.

ByLaasya Shekhar

Published Aug 11, 2023 | 9:28 PMUpdatedAug 12, 2023 | 12:51 AM

Amit Shah in Parliament

Tamil Nadu Chief Minister MK Stalin on Friday, 11 August, criticised the BJP government at the Centre for attempting to rechristen three laws with Hindi names.

Stalin said that the Union government’s “audacious attempt” to tamper with the essence of India’s diversity reeked of linguistic imperialism.

His statement came after Union Home Minister Amit Shah introduced three Bills in the Lok Sabha on Friday to replace the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and the Indian Evidence Act (IEA) with the Bharatiya Nyaya Sanhita (BNS) Bill, Bharatiya Nagarik Suraksha Sanhita (BNSS) Bill, and the Bharatiya Sakshya Bill (BSB).

“This is an affront to the very foundation of #INDIA’s unity. BJP and Prime Minister (Narendra) Modi have no moral right to even utter the word #Tamil hereafter [sic],” DMK President and Tamil Nadu Chief Minister MK Stalin posted on his handle on X, formerly Twitter. 

“In the crucible of history, Tamil Nadu and DMK have emerged as the vanguards against such oppressive overtones. From the Anti-hindi agitations to safeguarding our linguistic identity, we have withstood the storm of #HindiImposition before, and we shall do it again, with unyielding determination [sic],” Stalin said. 

Stalin’s counter came days after he told the Union government to not ignite the “embers” of the 1965 agitation in response to Union Home Minister Amit Shah’s remarks that Hindi must be finally accepted without opposition.

Also read: ‘Tamil Nadu will reject any form of Hindi hegemony, imposition’

What do the proposed laws say? 

Amit Shah asserted in the Lok Sabha that the proposed laws would transform the country’s criminal justice system and bring the spirit to protect the rights of the citizens to the centre stage.

He added that the whole procedure, right from filing an FIR to the case diary, charge sheet, and getting judgement would be digitised. 

Shah said that the proposed laws would focus on forensic sciences, and that all the courts in the country would be computerised by 2027.

He added that the changes were being brought to provide speedy justice and create a legal system that would keep the contemporary needs and aspirations of the people in mind.

Introducing community service as punishment, e-filing of FIRs, and repealing sedition laws are a few features of the proposed laws. 

Also read: Will resist all Hindi imposition efforts, says MK Stalin

Other leaders react

Opposing Hindi imposition was one of the founding principles of the DMK. In fact, Tamil Nadu officially adopted a two-language policy after the DMK came to power in 1967.

As a result of this policy, only English and Tamil are used in official communication, unlike the three-language policy which is followed in a majority of the Indian states. 

Senior DMK leader and party spokesperson TKS Elangovan said the word “Bharatiya” was being used in the bills instead of India as “they are afraid of the term”.

He told PTI: “They have changed the name of the bills to ‘Bharatiya’ instead of ‘India’. So how much they are afraid of India? They stand exposed.”  

He added: “They are afraid of the term ‘India’ because the name was taken by Opposition parties. These are all very immature… [They] exhibit the immaturity of this government.” 

The mega Opposition grouping — comprising the Congress, DMK, Left parties, TMC and the AAP, among others — was named the Indian National Developmental Inclusive Alliance (INDIA) recently.

DMK MP P Wilson said that the move violated Article 348 of the Constitution of India.

“Shocked to see names of new IPC, CrPC and Evidence Act in Hindi. Maybe the Union Home Minister has not seen Article 348 of the Constitution of India? [sic]” he said. 

According to Article 348 of the Constitution of India, language to be used in the Supreme Court and in the High Courts and for authoritative texts like Bills and Acts in the Parliament should be English.

“This is yet another form of Hindi imposition. South Indian lawyers are going to spend most of the time in courts trying to pronounce these names,” Wilson said. 

Related: Anti-Hindi agitations in TN show sentiment too strong to be ignored