Manan Kumar Mishra, the Chairman of the Bar Council of India (BCI), is a distinguished senior advocate known for his proactive stance on legal reforms and his dedication to upholding the principles of justice. In light of the recent enactment of the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Act, Mishra has called upon all bar associations and senior lawyers to identify and submit specific provisions of these new laws that they deem unconstitutional or detrimental. This initiative aims to facilitate a constructive dialogue with the central government and ensure that the new legal framework aligns with the constitutional ethos and fundamental rights.

Engaging the Legal Community

Mishra’s call to action underscores his commitment to a collaborative approach in legal reforms. By urging bar associations and senior lawyers to pinpoint problematic provisions, he aims to foster a comprehensive review process that includes input from various stakeholders within the legal community. This approach not only empowers lawyers and legal professionals to voice their concerns but also ensures that the new laws are scrutinized from multiple perspectives, enhancing the robustness of the legal system.

Addressing Unconstitutional Provisions

The BCI, under Mishra’s leadership, has acknowledged numerous representations from bar associations across India, protesting the new criminal justice laws. These associations argue that several provisions contravene fundamental rights and principles of natural justice. Mishra has emphasized the importance of addressing these concerns to prevent the new laws from becoming more draconian than the colonial-era laws they aim to replace. His insistence on a detailed examination of the new provisions reflects his dedication to safeguarding the constitutional rights of citizens and ensuring that justice prevails.

 Prevention of Money Laundering Act (PMLA) and Unlawful Activities (Prevention) Act (UAPA)

In addition to the new criminal codes, bar associations have called for a reevaluation of the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA). These laws have been criticized for their stringent provisions and potential for misuse. Mishra’s willingness to include these acts in the broader review process demonstrates his holistic approach to legal reform, aiming to address all areas where the law may infringe upon individual rights and freedoms.

Proposed Committee for Review

In his statement, Mishra announced the formation of a committee to review the submitted suggestions and propose necessary amendments. This committee will comprise noted senior advocates, former judges, impartial social activists, and journalists. Such a diverse panel ensures a balanced and thorough evaluation of the new laws. Mishra’s initiative to include impartial social activists and journalists in the committee highlights his commitment to transparency and inclusivity in the review process.

 Government’s Receptiveness

Mishra also highlighted the government’s openness to amending the new laws if valid reasons and plausible suggestions are presented. This willingness, expressed by Union Home Minister Amit Shah, provides a valuable opportunity for constructive dialogue between the legal community and the government. Mishra’s proactive engagement with the Union Environment Minister Bhupendra Yadav, a lawyer, to mediate the matter further illustrates his strategic approach to resolving these legal challenges through negotiation and consensus-building.

 Assurance to the Legal Fraternity

To quell the unrest among the legal fraternity, Mishra assured that the BCI is taking these issues seriously and that there is no immediate cause for concern. He emphasized that there is no need for agitation, protests, or strikes at this juncture, as the BCI is committed to addressing the issues through systematic and structured dialogue.

Manan Kumar Mishra’s legal expertise and leadership as the BCI Chairman play a pivotal role in navigating the complexities of the new criminal justice laws. His proactive approach in soliciting detailed feedback from the legal community and forming a diverse review committee underscores his dedication to ensuring that the new laws uphold constitutional values and protect fundamental rights. Through constructive dialogue and comprehensive review, Mishra aims to foster a legal framework that is just, equitable, and reflective of India’s democratic ethos.