Assembly passes resolution on 3 new laws, condemns Centre’s approach

Kolkata: Calling the three new laws — Bharatiya Nyaya Sanhita 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita 2023 and Bharatiya Sakshya Adhiniyam 2023 (BSA) “draconian”, the state law minister Moloy Ghatak in the Assembly on Thursday alleged that most of the portions in the three new laws are essentially a “copy paste” of the previous laws and the Centre did not seek opinions from the stakeholders.

The Bengal Assembly, meanwhile, passed a resolution on Thursday to draw the attention of the Central government to some of the specific points that the state may raise after completing a detailed review of these laws.

While speaking in favour of the resolution, Ghatak pointed out some of the characteristics of the new laws which are contrary to the claims of the BJP-led Central government that the newly introduced laws would replace the “colonial” laws and mindsets. “Instead of abolishing the provision that allows police to take an accused in custody up to 15 days from the day of court production, the new laws have enabled the police to take the accused in remand for up to sixty days and forty days in phases with respect to the statutory periods. In no other country apart from India, there is any provision like police custody. In a bid to replace colonial laws, the Centre brought in new laws which are more colonial in spirit,” Ghatak said in the Assembly.

He also said: “The new laws have provisions where handcuffs can be used for the accused where there were no such provisions in the previous laws. What can be more colonial than this?” He also pointed out that Bengal Chief Minister Mamata Banerjee wrote 3 letters to Centre urging them to seek opinions from various stakeholders but they did not do it.

The minister also said that as per new laws an FIR in connection with a case in Bengal can be registered online in any state. For example, if an FIR is lodged in Gujarat in Gujarati language, police and lawyers will not be able to understand the language after the case is transferred.