Changes In The Name Of New Criminal Laws Only To Confuse Public: Madras HC
- By Thetripurapost Desk, Channei
- Jul 20, 2024
- 252
The Madras High Court on Friday observed that the naming of three new criminal laws has created chaos even though the intention behind enacting these laws is good.
The bench of Justices S S Sundar and N Senthil Kumar also said that though objections and opinions were sought from stakeholders and public before enacting the law, it was done as a formality and such opinions were not really considered.
"The purpose may be good, but it has created chaos. Objections and opinions were sought but it was a mere formality. None of them are implemented," the bench said.
The court made these observations while hearing a batch of PILs challenging three criminal laws.
"However, normally, at least in principle, if the government wants to amend even an ordinary law, it is first referred to the Law Commission for its opinion," the court said during the hearing.
The court also questioned the names of three criminal laws -
the Bhartiya Nyaya Sanhita (BNS), the Bhartiya Nagrik Suraksha Sanhita (BNSS), and the Bhartiya Sakshya Adhiniyam (BSA)
"In the present case, you (Union of India) wanted to make some amendments, what was the need to change the names of the laws? This is only to confuse the public," the bench said.
The petition heard was filed by RS Bharati, who is the organising secretary of the Dravida Munnetra Kazhagam (DMK).
According to the petition, the new criminal laws are “a calculated design to weaponise the law by criminalising democratic and peaceful acts of expressing dissent and protest against state policies, systematically erode the most basic principles of criminal jurisprudence such as the right to a free and fair trial, and centralise police powers and ensure impunity and immunity to police and state officials.”
After a brief hearing the court said it will examine the matter in detail and listed Bharti's petition along with other related PILs challenging criminal laws.
It gave the Union of India four weeks to respond to the petitions.
The court had earlier refused to stay the three new laws in a PIL challenging the Sanskrit/Hindi names given to them.