Shillong, July 11: The Khasi Hills Autonomous District Council (KHADC) will. constitute a special committee to take up non-inclusion of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in the Sixth Schedule to the Constitution of India.
In reply to a motion moved by Bindo M Lanong during the summer session on Thursday, deputy chief executive member Pynshngain N Syiem said, “We need to set up a special committee. We will take up this issue and the executive committee will soon decide on the matter. The special committee on amendment of the Sixth Schedule will have members including experts to discuss this very important issue.”
He said the state government has failed to consult with the autonomous district councils (ADCs) before coming up with the notification to implement the BNSS in the state.
“(As per the Act), the provisions of the BNSS will not apply to tribal areas except three chapters. Unfortunately it is said that any state government can notify through the governor to make BNSS applicable in tribal areas. The state government did not consult us but had gone ahead notifying it on June 26. This is very sad,” Syiem said.
“In fact, the Act has clearly stated that the state government can make applicable BNSS through notification but they did not consult with the ADCs. Instead of saying the Governor is hereby pleased to make (BNSS) applicable in tribal areas they had stated the same to be made applicable to all courts. Therefore, I see there are lots of technical issues,” he said.
“As per notification issued by the state government, it seems that not only three chapters but entire provisions of BNSS will be applicable to the state. If CrPC is repealed and BNSS is not included in para 4 and 5 of the Sixth Schedule then there is a need to have amendment to the Sixth Schedule that BNSS should be included in para 4 and 5,” Syiem added.
The deputy CEM also assured that the KHADC will take this issue seriously to ensure powers of the village courts, subordinate district courts and district council courts are not diluted.
