Anurag Kumar
Friday, the Union government informed a parliamentary panel that the names of the three bills slated to replace the Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Evidence Act are written in English, which, according to the government, is the only requirement of the Constitution.
The Union home secretary, Ajay Bhalla, addressed the objections raised by some Opposition MPs, including NR Elango of the DMK, Dayanidhi Maran of the CPM, and Digvijay Singh of the Congress, regarding the Hindi titles of the legislation. The legislators cited Article 348 of the Constitution, which mandates the use of English for all law titles.
The three measures have the following titles: Bharatiya Nyaya Sanhita (to replace the Indian Penal Code), Bharatiya Nagarik Suraksha Sanhita (to replace the Code of Criminal Procedure), and Bharatiya Sakshya Bill (to replace the Indian Evidence Act).
According to the sources cited in the preceding sentence, Bhalla defended the use of Hindi or Sanskrit names for the bills by emphasizing that there is no violation of any constitutional provision because the bills and their authoritative texts are written in English. As Article 348 required the use of English in the authoritative texts of all Bills, Acts, and Ordinances, he informed the panel members that there was no violation if the bills were written in English. According to those in the know, the Union home secretary conveyed the government’s commitment to maintain the Hindi names.
People claim that this prompted DMP lawmaker and senior attorney Elango to ask Bhalla if the government would contemplate naming the bills in Tamil and writing them in English.
A day ago, DMK MP Maran sent a letter to the panel chairman Brij Lal objecting to the Hindi titles of the legislation, arguing that they violate the unitary nature of the country, whose citizens speak multiple languages besides Hindi.
On the second day of the meeting of the parliamentary panel on home affairs, Bhalla walked the MPs through the various provisions of the three measures and explained the proposed modifications. As the home secretary continued his presentation, a number of members of parliament advocated for extensive nationwide discussions prior to the final report. Some clauses of the Bharatiya Nyaya Sanhita were also discussed by the panel, and Bhalla assured the members that their recommendations are being diligently considered.
On Saturday, Bhalla’s presentation will continue. Next month, members will presumably have two days to seek clarifications from the home secretary. Among the other council members are Derek O’Brien, Dilip Ghosh, and Rakesh Sinha.
The three measures were introduced in Parliament on August 11 by Union home minister Amit Shah to replace the British-era IPC, CrPC, and Evidence Act, which he said would “transform our criminal justice system”.
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In addition to revamping the method of investigation and mandating a time-bound investigation and trial, the proposed laws include significant amendments to address terrorism, crimes against women, mob lynching, and crimes against the state.
