Minister for Law and Parliamentary Affairs HK Patil said 90 per cent of the old criminal laws have not been changed in the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Bill, 2023, while the changes brought in offer nothing good to society. The three new laws are nothing but a gimmick by the Central government. In a conversation with TNIE, the minister said they will amend them.
What are the state government’s concerns about the new laws?
The new laws replace the Indian Penal Code, Criminal Procedure Code and Indian Evidence Act. Unfortunately, the central government has not applied its mind fully. Union Home Minister Amit Shah showed the people that he is open-minded by inviting comments and suggestions from all states. Karnataka also sent 27 suggestions. When the bills were passed, we saw that the home minister did not care for the serious points we had raised. Not only in Karnataka, but Tamil Nadu, Kerala and Telangana too, almost all people in South India have opposed these three Bills. Lawyers are also agitated. There is some inconvenience due to changes in the title and clauses, which affect the court’s functioning.
Is this the only objection?
The three bills give a message that the Centre has made our society a ‘Police State’. It has given enormous powers to the police. Today in India, we are talking of a citizen-friendly government, citizen-friendly police, human rights, honour and respect for citizens. Now police can detain a person for 90 days, and have powers to attach properties. This was earlier with the judiciary. First Information Report registration has become optional. The Central government has turned a deaf ear to our suggestion that attempts to dishonour Father of the Nation, National Anthem and National Flag be deemed an offence, by not including it in the new laws. It only stated that these are punishable but does not specify under which Act. The punishment for offences affecting national integration is three years or Rs 5,000 fine. Another important point is removal of dishonouring dead bodies and necrophilia. Some aspects of CrPC, like punishment through community service, are mentioned but community service is not defined.
What remedy will the state government find for these issues?
The Centre has failed to provide good criminal laws. We want to stop implementing these laws. We made our assertion to the Centre, but it was turned down. The only options are either public demonstration, or to find ways in the Constitution.
What about constitutional remedy?
Article 254 of the Constitution gives enormous opportunity to states to amend the IPC, CrPC and Evidence Act, which are parental Acts. Since we have that opportunity, we would like to amend these laws and send them to the President for assent. We are discussing this with legal experts and have held meetings with the Advocates’ Association. This will also be placed in the upcoming assembly session.
What are the positive aspects of the new laws?
Just the name has changed from Indian to Bharatiya. There is nothing new. Over 90 per cent is the name, only the language has changed. The 10 per cent that has been changed, has nothing good for society. It is a gimmick by the Government of India. The mistakes are before us.
Can this be challenged before the Supreme Court?
It can be challenged. But for parent laws, they are not supposed to intervene. They can make some suggestions.
What do you say of the deteriorating law and order situation in the state?
It is worrying everyone. Crime is not just happening among the lower strata of society. Those who have money and strength are also committing crimes. Communal issues have not increased, but are being unnecessarily overplayed. It is being done to help political parties, which is not a good trend.
How many bills are you planning to bring in this session?
We are hoping to bring in about 20 bills, including amendment of the new laws, reservation in outsource bills, irrigation bills, bills related to amendment for medical practitioners’ protection. The BBMP bill might also come up.
Are you going to take the opposition into confidence?
Yes. Opposition parties need to be more constructive. Unnecessary politicization in the House will not serve any purpose.
The government appointed the Justice HS Kempanna Commission to submit a report on land denotification in Arkavathy Layout. The report is now in cold storage, why has no government tabled it in the House?
Unless there is pressure, no government will take unpleasant decisions. If there is pressure, we will take a decision.
Pressure from the opposition?
There are three or four sections of people who can bring pressure on the government -- our own legislators, media, opinion makers and judiciary.
What is the focus of the new tourism policy?
It is to protect and restore historical and archaeological monuments. Till now, when we spoke tourism we imagined roads, star hotels and luxury buses. But we are now thinking of improving educational, agricultural, tribal and archaeological tourism. There was a perception that tourism means going to Goa, Mumbai and Thailand. These are European concepts. Tourism is more important for children than older people. Children remember their educational trips all their life. Pilgrimage tourism has great potential. For instance, scores of people visit Savadatti’s Renuka Yellamma temple and Renuka Yellamma Kshertha annually. Government is also promoting adventure sports, nature sports and wildlife tourism. Weekend trips have become a craze.
Will you also focus on virgin areas and less explored places?
Of our 320km coastline, we have identified 40 nodes which can be attractive with water sports, adventure and other activities. There are places like Mangaluru which people visit to see endemic frog species. It is an unexplored place. There are 25,000 monuments in Karnataka, of which less than 1,000 are conserved and protected. In places like Aihole, around 50 temples are used by locals as cattle sheds and to store agricultural produce. At least 5,000 such monuments could be restored.
What is the status of the PPP model in promoting tourism sites?
We have started ‘Adopt a Monument’ scheme. About 80-100 expressions of interest have come so far, and over a dozen MoUs have been signed. In financial year 2024-25, we are targeting at signing at least 200-300 agreements.
There is a general perception that a huge chunk of budget allocation goes for funding guarantee schemes, and development has taken a backseat. Ruling party MLAs have also expressed their displeasure that funds are not being utilised. What is your take?
What is development for, after all? Development is not just construction of flyovers in Bengaluru, or big buildings for the government or the rich. What is the expenditure on building airports? These infrastructure projects for the wealthy are not development alone. If you’re really interested in development, then enure the poor also enjoy their lives. If they don’t get two square meals a day, what is the use of all these big things? I am proud that the government has given a guarantee scheme that has made a remarkable change in the country. For the first time in India, over one crore people in Karnataka have been uplifted from below poverty line to lower middle or even higher middle class category. This is a revolution, this type of revolution in the country is real development. The government gives Rs 5,000 a month to people belonging to poor families and their education, health and social needs are met. What more is required? Yes, development might have gone a little back, taken a backseat, but we should understand this development also.
Can the guarantee schemes be sustained in the long run?
We must muster the capacity to sustain the guarantee schemes.
Your take on alleged irregularities in MUDA and ST Corporation…
These are two different issues. The Valmiki Corporation scandal does get us worried. The government will not tolerate this type of scam when we are talking of zero-tolerance for corruption. But with the MUDA issue, some wrong publicity is going on. It is not sites allotted to the chief minister’s family, but return of the property acquired by MUDA; that is a distinct reason why this is not a scam. It is wrong publicity which will be cleared by a couple of more statements by the CM.
When will elections to local bodies, especially BBMP, ZPs and TPs be held?
The government is keen on holding elections. Discussions on reservation for president and vice-president posts have started. On BBMP polls, cases are going on in courts and once cleared, elections will be held.
What are the features of the new Law & Policy 2023?
The law policy was last drawn up in 2005. Through ‘Law & Policy 2023, A Stride to Redeem the Pledge’, we intend to address several significant issues that were not focused on earlier. Despite attaining freedom and speaking about human rights, we have not questioned the practices introduced by the British in the legal system. That will be changed with the new policy. It proposes to increase the number of courts and focus on increasing constitutional literacy. We must reap the benefits of the Constitution, in terms of life and dignity. That will be our major thrust. Through our laws we are going to take justice to the doorsteps of people, and ensure speedy disposal of cases. We intend to have litigation-free villages, which we will achieve by making use of law institutions and bar associations. Also, law colleges will be increased and a Lawyers’ Training Academy will be set up in North Karnataka. A Directorate of Legal Education will also be set up. These will be done within the next four years.
In the last two polls, we have seen campaigns filled with animosity. Do you feel this compromises parliamentary democracy?
There is no animosity, but there are political fights. In states like Karnataka, there are blame games or individual accusations. If you recall SM Krishna’s regime, personal allegations were very few and even if there was one, it was taken to a logical end, like an apology or resignation. However, now things are deviating from that decent line, which is not healthy for democracy.