New Criminal Laws | West Bengal Bar Council Members Object To 'Unanimous' Decision To Boycott Courts On July 1, BCI Urges Bar Associations To Refrain From Protests

The Bar Council of West Bengal had passed a "unanimous" resolution on Wednesday against the three new criminal laws by declaring July 1st as a 'Black Day' and calling for a boycott of all the Courts on that day. However, two members of the same Bar Council have objected to the use of the word "unanimous" in the resolution and have alleged that the Chairman and the Secretary of the Bar Council are maligning the non-political identity of the Bar Council.

This decision, stemming from a resolution passed during a council meeting on June 25, 2024, reflects purported unanimous discontent among its members regarding the implementation of three new laws: Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023; and Bharatiya Sakshya Adhiniyam, 2023.

In a statement issued after the meeting, the Bar Council of West Bengal expressed vehement opposition to these laws, labelling them as "Anti-people Act, undemocratic, and draconian". The Council claimed that these laws would cause significant hardships to the general public. The Council emphasized that these laws are perceived as a threat to fundamental rights and due process, potentially replacing established legal frameworks such as the Indian Penal Code, Evidence Act, and Criminal Procedure Code.

As part of their protest, lawyers across West Bengal and the Andaman & Nicobar Islands will refrain from all judicial work on July 1st. Instead, they will participate in protest rallies aimed at highlighting their concerns regarding the implications of these new laws. "....this Council will observe 1st July 2024 as 'Black Day' and lawyers of West Bengal and Andaman and Nicobar Islands will abstrain from theri judicial work on that day all Bar Associations to organize protest rally in their respective association on 1st July, 2024," a letter signed by the Assistant Secretary, Pinaki Ranjan Banerjee, reads.

However, two members of the Bar Council have issued a statement against the resolution. Advocates Samir Paul and Kailash Tamoli said that they had protested and walked out from the meeting. "We further protested saying that when BCI has already decided to approve the three new laws then you are no body to protest, rather you are acting against the BCI and you are lead by a political notice," the statement of the two Advocates reads.

The two members of the West Bengal Bar Association also state, "You are maligning the non-political identity of the Council and it is your colourable exercise, which we protest."

In a significant development, the Bar Council of India (BCI) in a resolution passed on June 26, 2024, acknowledged numerous representations expressing strong protests against these laws, signalling potential indefinite agitations and protests unless these laws are suspended and subjected to nationwide discussions and parliamentary review.

"These Bar Associations have signaled their intent to engage in indefinite agitations and protests unless these laws are suspended and subjected to thorough nationwide discussions, including a comprehensive review by Parliament," the press release reads.

It said, "Concerns have been raised that several provisions of these new laws are perceived to be anti-people, more draconian than the colonial-era laws they intend to replace, and pose a serious threat to the fundamental rights of citizens. Notable legal luminaries such as Mr. Kapil Sibal (President, SCBA and Member of Parliament), Mr. Abhishek Manu Singhvi, Mr. Mukul Rohatgi, Mr. Vivek Tankha, Mr. P. Wilson (Senior Advocates and Members of Parliament), Mr. Dushyant Dave (Senior Advocate & former President, SCBA), Mrs. Indira Jaising (Senior Advocate), along with a large number of Senior Advocates and other Advocates from several High Courts and Trial Courts, have voiced strong opposition to these laws."

In response to these apprehensions, the BCI has urged all Bar Associations to refrain from immediate agitations or protests. Instead, it plans to engage in discussions with the Union Government, including the Union Home Minister and the Union Law Minister, to convey and discuss the legal fraternity's concerns comprehensively.

"The BCI will initiate discussions with the Union Government, represented by the Hon’ble Union Home Minister and the Hon’ble Union Law Minister, to convey the concerns of the legal fraternity. The BCI will also seek the intervention of the Union Minister for Environment, Mr. Bhupendra Yadav, who is an advocate, to mediate in this matter," it said.

Furthermore, the BCI has called upon Bar Associations and Senior Advocates to submit specific provisions of these laws deemed unconstitutional or detrimental. This initiative aims to facilitate a productive dialogue with the government, echoing assurances previously given by the Union Home Minister at the International Lawyers’ Conference in September 2023 regarding the government’s willingness to consider amendments based on valid reasons and suggestions.

"Additionally, the BCI requests all Bar Associations and Senior Advocates to submit specific provisions of the new laws they deem unconstitutional or detrimental, to facilitate a productive dialogue with the Government," it said.

In line with these efforts, the BCI intends to form a committee comprising Senior Advocates, former Judges, impartial social activists, and journalists to propose necessary amendments to the controversial laws after receiving detailed suggestions from the legal community.

The BCI reassures the legal fraternity that these concerns are being treated seriously and emphasizes that there is no immediate necessity for agitation, protests, or strikes related to this issue at present. The focus remains on constructive engagement and dialogue to address the contentious aspects of the newly enacted criminal legislation.

"The Bar Council of India assures the Bar Associations and the legal fraternity that these issues are being taken seriously and there is no cause for immediate concern. Consequently, there is no immediate necessity for agitation, protests, or strikes in relation to this issue," the BCI said in its press release.

Click here to read/download the BCI Press Release