Tamil Nadu Chief Minister and DMK president M.K. Stalin has written to Union Home Minister and BJP leader Amit Shah requesting him to keep in abeyance the three laws that have been enacted to replace the Indian Penal Code, the Code of Criminal Procedure and the Evidence Act.
In his communication to the Union Minister, Mr. Stalin flagged certain objections and complexities faced by the State governments in implementing the three laws enacted by the Union government replacing the IPC and the CrPC, official sources said on Tuesday.
The conversion of the old laws into new ones were undertaken without sufficient consultation and have been rushed for their enactment, the CM is learnt to have written to the Union Minister. “As these subjects are part of the Concurrent List III, elaborate consultations should have been held with the State government.”
Mr. Stalin pointed out that the three laws were enacted in the Parliament in the absence of the Opposition parties that had staged a walk out. Furthermore, the three laws have been named in Sanskrit -- the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshaya Adhiniyam.
“This [naming of the laws in Sanskrit] clearly is violative of the Article 348 of the Constitution. The authoritative texts of Bills adopted by the Parliament shall be in the English language,” officials quoted the CM as contending.
Mr. Stalin also pointed out certain errors in the Bharatiya Nyaya Sanhita. For instance, there are two sub section under Section 103 of the Bharatiya Nyaya Sanhita to refer to two different type of murders but the punishment provided for both are the same. Provisions of the new Act are complex and was ambiguous.
Stakeholders such as the judiciary, police, prisons, prosecution and the forensic wings needed more time and resources to acquaint themselves over the new Acts, the CM pointed out. Law colleges too needed more time to incorporate them in their syllabus for their students.
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