Bharatiya Nyaya Sanhita Bill 2023 violates article 348, need extensive consultation: RS MP P Wilson

New Delhi (India), Aug 25, 2023: Rajya Sabha member and Senior Advocate P Wilson has written a letter to the Chairman and Members of Parliamentary Standing Committee of Home Affairs, Rajya Sabha, asserting that the Bharatiya Nyaya Sanhita Bill 2023, the Bharatiya Nagarika Suraksha

Sanhita Bill, 2023 and the Bharatiya Sakshaya Bill, 2023 are violative of Article 348.

He has claimed that its clauses need extensive discussion and consultation with all stakeholders.

Arguing that such bills seems like Hindi imposition on non-Hindi speaking belts, he said, ” wish to draw your attention to the far-reaching changes to be brought by The Bharatiya Nyaya Sanhita 2023, The Bharatiya Nagarika Suraksha Sanhita, 2023 and The Bharatiya Sakshaya Bill, 2023 to our nation. These Bills do not just intend to change the criminal justice delivery system of this nation, but further they will change the federal relationship and structure between the Union and the State. As you are aware that India is a Union of States, states which also speak different languages i.e. languages other than Hindi. On the other hand, except for few words, the body of these Bills is in English, but the title of the Bill is in Hindi which is violative of the Article 348. The Article 348 of the Constitution puts a complete embargo on a Bill having any other language in its text other than English. Therefore, the titles of the Bills ought to be changed to their English translation. The usage of Hindi title and words in some clauses in these 3 bills appears to be like Hindi imposition on non-Hindi speaking states.”

Citing previous precedence in terms of consultation and inducting recommendations, senior lawyer and MP writes, “extensive consultations were undertaken for so many years for bringing reforms in the company law and mediation law, then why not such consultation is being undertaken for examining The Bharatiya Nyaya Sanhita Bill 2023, The Bharatiya Nagarika Suraksha Sanhita Bill, 2023 and The Bharatiya Sakshaya Bill, 2023. Providing only three months for issuing recommendations is shockingly less as these Bills need proper consultation with the State Governments, Judges, Police Authorities, Bar Council of India, State Bar Councils, Advocate Association, Bar Associations, Senior Advocates, Advocates, Women lawyer Association, Eminent Jurists, Academicians and other stakeholders etc.”

Hence, making his requests MP Wilson has asked the chairman and members to look into this matter and bring changes for having English titles and increase the duration of three months to a suitable time for examining the three laws by all different stakeholders.