Journalism of Courage
West Bengal Chief Minister Mamata Banerjee has written a letter to Prime Minister Narendra Modi asking him to postpone the implementation of three new criminal laws and to place them on the floor of Parliament for “fresh deliberation and scrutiny”. She has also urged PM Modi to “halt and review the whole subject anew”.
The Bharatiya Nyaya Sanhita (BNA), 2023, The Bharatiya Sakshya Adhiniyam (BSA), 2023, and The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, are set to be implemented from July 1.
“I write to you with grave concern regarding the impending – implementation of three crucial laws, namely The Bharatiya Nyaya Sanhita (BNA) 2023, The Bharatiya Sakhsya Adhiniyam (BSA) 2023, and The Bharatiya Nagarik Suraksha Sanita (BNSS) 2023,’ the letter read.
“If you kindly recall, on the 20th of December last year, the outgoing Government of yours had passed these three critical Bills unilaterally, and with absolutely no debate. That day, almost one hundred members of the Lok Sabha had been suspended and a total 146 MPs of the both Houses were thrown out of the Parliament. The Bills were passed in an authoritarian manner in that dark hour of democracy. Matter deserves review now,’ Mamata Banerjee wrote in the letter.
The chief minister urged PM Modi to consider “at least a deferment of the implementation date citing “ethical, and practical” reasons.
“Ethically, I believe that it would be in the fitness of things to place these significant legislative changes before the newly elected Parliament for fresh deliberation and scrutiny. Given the wide-ranging reservations expressed in the public domain regarding the hurriedly passed new laws, fresh Parliamentary review of these attempts would demonstrate a commitment to democratic principles and foster greater transparency and accountability in the legislative process,” the letter read.
“This approach would afford the newly elected people’s representatives the opportunity to thoroughly examine the proposed reforms, address concerns raised by various stakeholders, and ensure that the laws reflect the collective will and aspirations of the citizenry. Such renewed parliamentary oversight/mandate would reinforce public confidence in the legislative process and enhance the legitimacy of the legal reforms,” Mamata wrote.
She also reminded PM Modi about two letters written to Union Home Minister Amit Shah highlighting why extreme caution and due diligence are required in the matter.
“I had argued that the outgoing Lok Sabha should not pass the new Bills with such far-reaching significance in undue hurry. I had specifically said that it would be better if the newly elected Members of the Lok Sabha deliberate upon these extremely important legislations and reach a consensus. I now reiterate that point and request you to halt and review the whole subject anew,’ Mamata Banerjee wrote.
“Secondly, practically, the request for postponement stems from a pragmatic assessment of the challenges and preparatory work required for a smooth transition, particularly concerning the training of law enforcement personnel and judicial officers. Any far-reaching legal, change requires meticulous groundwork beforehand to ensure effective enforcement and administration and we do not have any reason to avert such homework,” she added in her letter.
Mamata further alleged in the letter that the Union Ministry of Law and Justice, did not involve the state government when it organised a conference in Kolkata on the topic on June 16. “This is highly objectionable and this should have been organized by the State Government as law & order is a State subject,” she wrote.
“We believe that this postponement will enable a renewed Parliamentary review/mandate, reinforce public trust in the legal system, and uphold the rule of law in our beloved country,” the West Bengal chief minister wrote.
