Bengaluru: The Karnataka government has raised concerns about the new criminal code to the Centre, highlighting several key issues. These include naming the three new laws in Hindi, not making rape gender-neutral, introducing undefined community service as a punishment, and allowing police 14 days for a preliminary investigation before filing an FIR.
An expert committee led by Karnataka Law Minister H K Patil criticized the revised Bill for its "tokenism and ad-hocism." Their 88-page report, submitted to Chief Minister Siddaramaiah on October 17, 2023, and forwarded to the Home Ministry, lists various incongruous provisions. While criminal law is on the Concurrent List under the Constitution, states play a crucial role in implementing the new Sanhitas.
Separately, Tamil Nadu Chief Minister M K Stalin and West Bengal Chief Minister Mamata Banerjee have urged Union Home Minister Amit Shah to delay implementing the three new laws, set to take effect on July 1. Stalin argued that the replacement of the existing Acts was done hastily, without adequate deliberation or state consultation, and passed by Parliament without opposition participation.
Karnataka's concerns include the use of Hindi for the laws' titles, citing Article 348 of the Constitution, which requires legislation introduced in Parliament to be in English. Stalin also objected to the use of Sanskrit words in the laws' titles.
Patil pointed out that the Bharatiya Nyaya Sanhita could suppress anti-government voices, as its provisions might criminalize hunger strikes. He noted that hunger strikes were significant in India's independence movement and remain a tool for public protest, and their criminalization could violate fundamental rights and undermine the philosophy of Satyagraha.