Assembly Session | TMC moves motion seeking review of three new criminal laws: ‘more draconian than colonial era, will entrench police raj’

The motion brought by state Law minister Malay Ghatak, Finance Minister Chandrima Bhattacharya, TMC MLAs Nirmal Ghosh and TMC MLA Ashok Kumar Dev read, “…this House urges upon the Union Government through the state government to review the (new criminal) laws in the right earnest to evolve consensus views of jurists, social activists and citizens in the interest of good governance and to protect the principles of fundamental rights and natural justice.”

It stated that three new criminal laws contain certain provisions to “entrench police raj” in the country by conferring far more powers to enforcement authorities. “…concerns have been raised that several provisions of these new laws pose a serious threat to the fundamental rights of citizens,” it said.

The motion also said despite the Seventh Schedule to the Constitution making it clear that criminal laws, including all matters included in the Indian Penal Code, Criminal Procedure have been enumerated in the Concurrent List, the BJP government at the Centre brought the laws without consulting with the state governments.

Questioning the passage of the three criminal laws in the previous Lok Sabha, the motion said, “The three Bills were passed on December 20, 2023, in the previous Lok Sabha, which was almost nearing the end of its term, after suspending 147 MPs… They were passed in Rajya Sabha the very next day — December 21 — without adequate discussion, and those have been assented to by the Hon’ble President of India on December 25, 2023…”

Recalling that the West Bengal Assembly had passed a resolution on December 5, 2023, urging upon the Union Government to discuss the Bills “in the right earnest so that potential implications of serious nature on our polity can be avoided”, the motion stated the Bills were rushed through the Parliament “without comprehensive scrutiny”.

During the discussion on the motion, BJP MLA Shankar Ghosh, defended the Centre, saying: “After rigorous discussion, the three Bills were passed. The Central government tried to come out from colonial hangover after 78 years of Independence, but why is TMC protesting?”

Taking part in the discussion, TMC MLA Apurba Sarkar (David) said, “The fundamental rights of the people will be taken away through these criminal laws.”

It is to be noted that nearly two weeks after the three new criminal laws came into force in the country, West Bengal Chief Minister Mamata Banerjee constituted a seven-member review committee, headed by a retired judge of the Calcutta High Court.

The committee, which included state Law Minister Malay Ghatak and Finance Minister Chandrima Bhattacharya, will likely submit its report in three months.