Government | Bills | Acts | Laws | Regulations

Source: The post is based on the article “Press and Registration of Periodicals Bill passed by Lok Sabha” published in “PIB” on 22nd December 2023

Why in the News?

The Lok Sabha has passed the Press and Registration of Periodicals Bill, 2023. Rajya Sabha had already passed this bill in the previous session.

What is the Press and Registration of Periodicals Bill, 2023?

Replaces: Press and Registration of Books Act, 1867.

Key Provisions of the bill:

1) Grant of title allotment and Certificate of Registration Periodicals: The Bill provides for an online mechanism to apply for title verification and grant of certificate of registration from the Press Registrar General.

2) Limited Role of District magistrate/ local authority: The publishers would no longer be required to file a declaration. Furthermore, printing presses would also not be required to furnish any such declaration; instead only an intimation would be sufficient.

3) Facsimile edition of a foreign periodical can be printed in India with prior approval of the Central Government and its registration with the Press Registrar General.

4) Books which were part of the Act have been taken away from the purview of the bill as books as a subject are administered by the Ministry of Education.

5) Substantially decriminalized: Now, the maximum jail term of six months applies only in extreme situations. For example, if a publication continues printing without a registration certificate despite a six-month warning from the Press Registrar General.
Moreover, for certain violations, financial penalties have been proposed instead of conviction as earlier.

6) Restrictions on who can bring out periodical: A person who has been convicted by any court for an offence involving terrorist act or unlawful activity or having done anything against the security of the State shall not be permitted to bring out a periodical.

7) Cancellation of registration: In the 1867 Act, only the DM could cancel the declaration of a periodical. The Bill empowers the Press Registrar General to suspend/cancel the Certificate of Registration.

8) Press and Registration Appellate Board: It is headed by Chairperson, Press Council of India. It will deal with issues related to registration.

UPSC Syllabus: Bills in News

Source: The post is based on the article “Advocates Amendment Bill aims to weed out ‘touts’” published in “Indian Express” on 9th December 2023

Why in the News?

Lok Sabha has passed the Advocates Amendment Bill 2023 during the Winter Session.

What is the Advocates Amendment Bill 2023?

Aim: To amend the Advocates Act of 1961 and repeal the Legal Practitioners Act of 1879.

Key Provisions of the bill:

1) Punishment for illegally practising in courts: The bill prescribes six months of imprisonment for persons illegally practicing in courts and before other authorities.

2) Touts: The bill enables every High Court (HC) and district judge to frame and publish lists of touts. However, before inclusion in the list, the person should be given an opportunity to be heard.
– Once a person’s name is included in the list, the judge may exclude them from the premises of the Court.

Note- A tout is someone who procures clients for a legal practitioner in exchange for payment.

3) Penalty for touts: Any person who acts as a tout while his name is included in the list of touts will be punished with imprisonment up to three months, a fine up to Rs. 500 or both.

What is the Legal Practitioners Act of 1879?

1) The Legal Practitioners Act came into force in 1880. The act aims to consolidate and amend the law relating to Legal Practitioners in certain provinces.

2) The Act defined the term “legal practitioner” to include advocates, vakils , or attorneys of any High Court. 

3) It also defined the term “tout”.

What is the Advocates Act of 1961?

The Advocates Act, 1961 was enacted to create a single Act to regulate the legal profession and to provide for the constitution of Bar Councils and an All-India Bar.

UPSC Syllabus: Bills in News

Source- This post is based on the article “Centre exempts CERT-In from purview of RTI Act” published in “The Hindu” on 24 November 2023.

Why in the News?

The Central government in its recent official order has exempted the Computer Emergency Response Team (CERT-In) from the ambit of the Right to Information (RTI) Act.

What is CERT-In?

Exemptions for Intelligence and Security Organisations from RTI Act

1. The RTI Act, enacted in 2005, states that the legislation shall not apply to intelligence and security organisations specified in the Second Schedule, “provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded.”

2. So far, there are 26 intelligence and security organisations that are exempted from the RTI Act. This includes Intelligence Bureau, Research and Analysis Wing, Defence Research and Development Organisation, etc.

3. The last amendment to the Second Schedule of RTI was made in 2016 to add the Strategic Forces Command to the list of exempted organisations.

What is RTI Act- Benefits and Concerns?

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UPSC Syllabus- Security (Basics of Cyber Security)

Source: The post is based on the article “Draft Broadcasting Services (Regulation) Bill, 2023: Legal experts divided on self-regulation provisions in draft broadcasting Bill” published in “The Hindu” on 20th November 2023

Why in the News?

Experts have raised concerns over the self-regulatory provisions of the Draft Broadcasting Services (Regulation) Bill, 2023.

What is the Draft Broadcasting Services (Regulation) Bill, 2023?

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What are the self regulatory provisions in the Draft Broadcasting Services (Regulation) Bill, 2023?

The Draft Bill talks about two bodies:

1) Content Evaluation Committee (CEC): It will be responsible for self-certification.

2) Broadcast Advisory Council (BAC): It will hear complaints regarding violations or contraventions of the Programme Code or Advertisement Code. They will also examine the complaints or grievances received by it and make recommendations to the Central Government.

– The Central Government then based on these recommendations will make decisions and issue orders about penalties and measures for any breaches of the Programme or Advertisement Codes.

What are the concerns with these self regulatory provisions in the Draft Broadcasting Services (Regulation) Bill, 2023?

1) Impacts Creative Freedom: Subjecting creative media, such as OTT to government prescribed programmes and advertising codes could impact creativity and freedom of speech and expression.

2) Mandatory disclosure of personal details of members in the Content Evaluation Committee (CEC): This raises concerns about potential risks to individuals involved in the CEC due to diverse audience’s sensitivities.

–This is also important in the backdrop of the Digital Personal Data Protection Bill.

3) Independence of the Broadcast Advisory Council (BAC): There are concerns over the independence of the Broadcast Advisory Council in exercising its powers under the Act.

UPSC Syllabus: Bills in News/Polity

What is the News?

The Wildlife (Protection) Amendment Bill, 2021 was introduced in the Parliament to amend the Wildlife (Protection) Act, 1972.

The Bill proposes to remove Schedule V completely. Schedule V lists species classified as ‘vermin’, such as common crows, fruit bats (flying fox), rats and mice which may be hunted freely.

What is Vermin?

Vermins are basically a problematic animal or a nuisance creature because they threaten humans, crops, livestock or property.

Origin of Vermin Category in India

The Vermin category of the The Wildlife Protection Act(WLPA),1972 is a colonial legacy which has minimal scientific basis.

British legislation was the first to mandate the extermination of vermin. For instance, the Tudor Vermin Acts allowed for the eradication of nuisance animals or agricultural pests.

Then the British Raj brought to India the ideas of desirable animals (suitable for hunting and subsequent consumption being considered game) and problematic animals (considered vermin). These very ideas were then used to establish British colonial control over the ecology of India and its people. 

Vermin Category under WLPA Act,1972

The WLPA,1972 currently has six schedules that assign varying degrees of protection to animals and plants. 

Under Schedule I and II of the Act, for instance, animals and birds such as tigers and elephants are offered the highest protection. 

Schedule V lists species classified as ‘vermin’, such as common crows, fruit bats, rats and mice, which may be hunted freely.

The act does not define the word Vermin. But the 62nd section of the Wildlife Protection Act grants the central government the power to declare any wild animal as vermin.

Being declared as vermin deprives these animals of protection, thereby allowing for its hunting without any consequences. 

However, wild animal species which are placed in Schedule I and Schedule II of the Wildlife Protection Act, 1972 can not be declared as Vermin.

What changes does the Wildlife Protection Amendment Bill,2021 aim to bring?

The Wild Life (Protection) Amendment Bill, 2021 brings in a major change by reducing the number of schedules from six to four. It proposes to remove Schedule V completely. 

This gives the Centre direct power to declare any species to be ‘vermin’ and make way for them to be freely hunted. Hence, the procedure to declare animals to be ‘vermin’ becomes easier and the number of species labelled ‘vermin’ also increases. 

This change could potentially impact 41 species of mammals, 864 birds, 17 reptiles and amphibians and 58 insects.

Source: The post is based on the article “‘Vermin’ politics: Human-wildlife conflict mitigation needs to be based on science, not historical biases” published in Down To Earth on 6th June 2022.

Source: The post is based on the article “Amendments to the Co-operative Societies Act” published in Indian Express on 22nd December 2022

What is the News?

The Lok Sabha has referred the Multi-State Co-operative Societies (Amendment) Bill 2022 to a joint committee of Parliament. The Bill seeks to amend the Multi-State Cooperative Societies Act, 2002.

What are the key provisions of the Multi-State Co-operative Societies (Amendment) Bill 2022?

Formation of multi-state cooperative society: Presently, only Multi-state cooperative societies (MCCS) can amalgamate themselves and form a new multi-state cooperative society.

– The bill provides that any cooperative society may by a resolution passed by a majority of not less than two-thirds of the members present and voting at a general meeting of such society can decide to merge into an existing multi-state co-operative society.

– Such resolution shall be subject to provisions of the respective State Cooperative Societies Act for the time being in force, under which such cooperative society is registered.

Cooperative election authority: The Bill seeks to establish a “cooperative election authority” to bring “electoral reforms” in the cooperative sector. The authority will consist of a chairperson, a vice-chairperson and a maximum of three members to be appointed by the Centre.

Fund for sick co-operative societies: The Bill establishes the Co-operative Rehabilitation, Reconstruction and Development Fund for the revival of sick multi-state co-operative societies. 

Audit of cooperative societies: The bill proposes to insert a new Section 70A relating to concurrent audit for such multi-state societies with an annual turnover or deposit of more than the amount as determined by the Centre.

Redressal of complaints: The central government will appoint one or more Cooperative Ombudsmen with territorial jurisdiction. The Ombudsman shall inquire into complaints made by members of cooperative societies regarding (i) their deposits, (ii) equitable benefits of the society’s functioning, or (iii) issues affecting the individual rights of the members.

Penalty: The Bill increases the penalty amount for violation of the law to Rs. 1 lakh and potential imprisonment from six months to a year.  

What are the criticisms against the bill?

Firstly, the bill may lead to the concentration of power of the Centre which could impact the “autonomy” of multi-state cooperative societies and create the potential for “misuse”.

Secondly, the bill seeks to take away state governments’ rights and is against the country’s federal structure. It seeks to amend Section 17 of the principal act to allow the merger of any State cooperative society with an existing MSCS. 

– Opposition members argued that this was beyond the Centre’s legislative competency as State cooperatives are not its domain.

Source: The post is based on the article “Explained | What are carbon markets and how do they operate?” published in The Hindu on 20th December 2022

What is the News?

Parliament passed the Energy Conservation (Amendment) Bill, 2022. The Bill amends the Energy Conservation Act, 2001 to empower the Government to establish carbon markets in India and specify a carbon credit trading scheme.

What is the Carbon Market?

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What are the types of carbon markets?

There are two types of carbon markets:

Voluntary markets: It is a decentralized market in which emitters— corporations, private individuals, and others— voluntarily buy and sell carbon credits that represent certified removals or reductions of greenhouse gases (GHGs) in the atmosphere. For instance, in the aviation sector, airlines may purchase carbon credits to offset the carbon footprints of the flights they operate. 

Compliance Carbon Market: It is used by companies and governments that by law have to account for their GHG emissions. It is regulated by mandatory national, regional or international carbon reduction regimes.

– Today, compliance markets mostly operate under a principle called ‘cap-and-trade”, most popular in the European Union (EU).

What is the size of the carbon market?

According to an analysis by Refinitiv, the value of global markets for tradeable carbon allowances or permits grew by 164% to a record 760 billion euros ($851 billion).

The EU’s ETS contributed the most to this increase, accounting for 90% of the global value at 683 billion euros. As for voluntary carbon markets, their current global value is comparatively smaller at $2 billion.

What does the Paris Agreement say about the carbon market?

Article 6 of the Paris Agreement provides for the use of international carbon markets by countries to fulfil their NDCs.

But this article is yet to kick off as multilateral discussions are still underway about how the inter-country carbon market will function. 

Under the proposed market, countries would be able to offset their emissions by buying credits generated by greenhouse gas-reducing projects in other countries. 

What are the challenges to carbon markets?

The challenges to carbon markets are: 1) Double counting of greenhouse gas reductions, 2) Quality and authenticity of climate projects that generate credits to poor market transparency and 3) Greenwashing—companies may buy credits, simply offsetting carbon footprints instead of reducing their overall emissions or investing in clean technologies.

What does the Energy Conservation (Amendment) Bill, 2022, say about carbon markets and what are the concerns?

The Bill empowers the Centre to specify a carbon credits trading scheme. Under the Bill, the central government or an authorized agency will issue carbon credit certificates to companies or even individuals registered and compliant with the scheme. These carbon credit certificates will be tradeable in nature. Other persons would be able to buy carbon credit certificates on a voluntary basis.

Concerns with the bill

Firstly, the bill does not provide clarity on the mechanism to be used for the trading of carbon credit certificates— whether it will be like the cap-and-trade schemes or use another method— and who will regulate such trading.

Secondly, there is a question of whether the Ministry of Power is the appropriate Ministry to regulate this scheme or whether should it be the Ministry of Environment.

Thirdly, the bill does not specify whether certificates under already existing schemes would also be interchangeable with carbon credit certificates and tradeable for reducing carbon emissions. 

– Note: Two types of tradeable certificates are already issued in India— Renewable Energy Certificates (RECs) and Energy Savings Certificates (ESCs). These are issued when companies use renewable energy or save energy, which is also activities which reduces carbon emissions. 

Source: The post is based on the article “Uniform Civil Code Bill introduced in Rajya Sabha amid opposition and chaos” published in Livemint on 10th December 2022

What is the News?

A private member’s Bill to implement the Uniform Civil Code in India was introduced in Rajya Sabha.

What is Uniform Civil Code?

Uniform Civil Code is envisaged to provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc.

Article 44 contained in part IV of the Constitution says that the state “shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. Article 44 is one of the Directive Principles of State Policy (DPSP).

What does the private member Bill on UCC seek to achieve?

The Bill seeks to provide for the constitution of the “National Inspection and Investigation Committee” for the preparation of the Uniform Civil Code and its implementation throughout the territory of India.

Why have several MPs opposed the introduction of the Bill?

Firstly, the Indian Constitution “gave protection to all sections of people”. Hence, before bringing such legislation, there should be wide consultation with different communities, and people from different religions, or else it shall create differences between people.

Secondly, the 21st Law Commission had concluded that a Uniform Civil Code was neither necessary nor desirable,” and that the legislation if subsequently enacted shall be against the very “spirit of the Constitution.” 

Thirdly, the bill is against Articles 26(b) and 29(1) of the Constitution and it was in order to protect the rights of minorities that the Constituent Assembly decided to not have a Uniform Civil Code for the country.

Source: The post is based on the article “Centre introduces Bills to modify ST list in four States” published in The Hindu on 10th December 2022

What is the News?

The Government of India has introduced four separate bills in the Lok Sabha to revise the list of Scheduled Tribes in Chhattisgarh, Karnataka, Tamil Nadu, and Himachal Pradesh via amendments proposed in the Constitution (Scheduled Tribes) Order, 1950.

What are the changes in the ST list the government is planning to bring through these four bills?

Tamil Nadu: The Bill seeks to add the Narikoravan and Kuruvikkaran hill tribes to the ST list of Tamil Nadu. The demand for their inclusion dates to before 1965 and even the Lokur Committee had in its report of that year recommended its inclusion.

Himachal Pradesh: It has proposed granting tribal status to the Hatti community living in the Trans-Giri region of Himachal Pradesh. 

Karnataka: Include Betta-Kuruba as a synonym for the already categorised Kadu kuruba in the ST list of Karnataka.

Chhattisgarh: The bill seeks to add a number of synonyms in Devnagri script for the already categorized Bhariya Bhumia tribe in the ST list of Chhattisgarh. 

— As per the Ministry of Tribal Affairs, they are all part of the same tribe but had been kept out of the list just because they are pronounced and spelt their names differently.

Source: The post is based on the article “Government introduces Energy Conservation Bill in Rajya Sabha” published in The Hindu on 9th December 2022

What is the News?

The Union Minister of Power has introduced the Energy Conservation (Amendment) Bill 2022 in Rajya Sabha.

The Bill proposes to amend the Electricity Conservation Act 2001 (last amended in 2010), to introduce changes such as incentivising the use of clean energy by issuing carbon-saving certificates.

What are the key provisions of the Energy Conservation (Amendment) Bill 2022?

Obligation to use non-fossil sources of energy: The Act empowers the central government to specify energy consumption standards. The Bill adds that the government may require the designated consumers to meet a minimum share of energy consumption from non-fossil sources.  Different consumption thresholds may be specified for different non-fossil sources and consumer categories. 

Carbon trading: The Bill empowers the central government to specify a carbon credit trading scheme. Carbon credit implies a tradeable permit to produce a specified amount of carbon emissions.  

Standards for vehicles and vessels: Under the Act, the energy consumption standards may be specified for equipment and appliances which consume, generate, transmit, or supply energy.

The Bill expands the scope to include vehicles (as defined under the Motor Vehicles Act, 1988), and vessels (including ships and boats).

Applicability to residential buildings: Under the Act, the energy conservation code applies to commercial buildings: (i) erected after the notification of the code, and (ii) having a minimum connected load of 100 kilowatts (kW) or contract load of 120-kilo volt-ampere (kVA).

– Under the Bill, the new energy conservation and sustainable building code will also apply to office and residential buildings meeting the above criteria.

Regulatory powers of SERCs: The Act empowers the State Electricity Regulatory Commissions (SERCs) to adjudge penalties under the Act. The Bill adds that SERCs may also make regulations for discharging their functions.

Composition of the governing council of BEE: The bill strengthens institutions such as the BEE by amending the composition of the governing council of BEE.

Source: The post is based on the article “Rajya Sabha clears Wildlife Bill, Minister promises to protect elephants” published in The Hindu on 9th December 2022

What is the News?

Rajya Sabha has passed the Wildlife (Protection) Amendment Bill, 2022.

What is the Wildlife (Protection) Amendment Bill, 2022?

The Bill seeks to amend the Wildlife Protection Act, 1972.

It seeks to ensure that the Wildlife Protection Act, 1972 complies with the requirements of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Key Provisions of the Bill

Rationalizing schedules: The Bill reduces the total number of schedules from six to four by: 1) Reducing the number of schedules for specially protected animals to two (one for greater protection level), 2) Removes the schedule for vermin species and 3) Inserts a new schedule for specimens listed in the Appendices under CITES.

Permitted certain activities: The Bill seeks better management of protected areas and provides for certain permitted activities like grazing, movement of livestock, and bona fide use of drinking and household water by local communities.

Captive elephants: The Bill permits the transfer or transport of a captive elephant for a religious or any other purpose by a person having a valid certificate of ownership.

Management and scientific authority: The Bill empowers the Central government to designate 1) A management Authority to grant export or import permits for the trade of specimens and 2) A scientific Authority to advise on aspects related to the impact on the survival of the specimens being traded. 

Conservation reserves: The Bill empowers both Central and State governments to declare areas adjacent to national parks and sanctuaries as a conservation reserves, for protecting flora and fauna.

Alien species: The Bill empowers the Central government to regulate and stop the import, trade or possession of invasive plant or animal alien species.

– It provides that people may “voluntarily surrender” any captive animals to the Chief Wildlife Warden, and such surrendered animals will become the property of the state government.

Penalty: The Bill enhances the penalties prescribed for violation of provisions of the Act. For ‘General violations’, the maximum fine is increased from Rs 25,000 to Rs. 1 lakh. In the case of Specially protected animals, the minimum fine of Rs. 10,000 has been enhanced to Rs.25,000.

Source: The post is based on the article “Birth certificate to be made mandatory for jobs, driving license, passport, voting right” published in The Hindu on 28th November 2022.

What is the News?

The Union Home Ministry proposed an amendment to the Registration of Birth and Death (RBD) Act,1969. The bill will be introduced in the winter session of parliament.

What is the Registration of Birth and Death (RBD) Act,1969?

The Registration of Birth and Death is mandatory under the provisions of the Registration of Births and Deaths (RBD) Act,1969.

The act was enacted to promote uniformity and comparability in the registration of Births and Deaths across the country.

The events of births, stillbirths and deaths are registered at the place of occurrence of the event i.e where the event took place. 

A birth/death should be registered within 21 days. After 21 days, birth/death can be registered under the RBD Act with an order of a First-Class Magistrate issued after verifying the facts about the birth or death.

What are the proposed amendments to the RBD Act?

Firstly, it is proposed that the Chief Registrar (appointed by the States) would maintain a unified database at the State level. It would then integrate it with the data at the “national level,” maintained by the Registrar General of India (RGI). This implies that the Centre will be a parallel repository of data.

– This database at the national level may be used to update the Population Register, the Electoral Register, and the Aadhar, ration card, passport and driving license databases.

Secondly, it has been proposed to make birth certificates a mandatory document for almost every sphere of life — admission in educational institutions, inclusion in the voter list, appointment in Central and State government jobs, issue of driving licenses and passports.

Thirdly, it will be mandatory for hospitals and medical institutions to provide a copy of all death certificates, stating the cause of death, to the local registrar apart from the relative of the deceased.

Source: The post is based on the article “Govt amends Multi State Cooperative Societies Act to bring in transparency” published in the Business Standard on 13^th October 2022.

What is the News?

Recently, the Cabinet has approved the extensive amendments to the Multi-State Cooperative Societies Act (MSCS). The Act was last amended in 2002.

What are the Multi-state Cooperative Societies, and What is the need for this amendment?

India, at present, has nearly 800,000 cooperative societies of which around 1,600 are MSCS. They serve the interest of members in more than one state. These include some big names like IFFCO, Kribhco and Nafed.

What are the salient features of the amendment?

Make the functioning of the board transparent: This is done through processes such as registration becoming simpler and seats can be reserved for women, scheduled caste and scheduled tribe candidates in coop boards.

Formation of specific bodies: The Bill also has specific provisions for setting up

a) Cooperative Election Authority will be formed to conduct free, fair and timely elections to coops. This, in turn, will help reduce incidents of complaints and malpractices. There is a provision to debar offenders for three years to bring in more electoral discipline.

b) Cooperative information officer: S/he will enhance transparency by providing members timely access to information.

c) Cooperative ombudsman: The ombudsman will provide a mechanism for redressal of member grievances in a structured fashion.

To increase ease of doing business: The Bill proposes to reduce the period of registration, with a provision for the applicants to seek additional time of two months for rectification of mistakes.

Encourages a comprehensive digital ecosystem: The Bill provides for electronic submission and issuance of documents, thus providing for a comprehensive digital ecosystem.

Applicability: For cooperative banks, the banking functions will be governed by the Banking Regulation Act. However, for all other operational issues of such entities, the MSCS Act and its new amendments will be at play.

Source: The post is based on the article “The Mediation Bill, 2021” published in The Hindu on 4^th October 2022.

What is the News?

The Mediation Bill, 2021 was introduced in the Rajya Sabha. The Parliamentary Standing Committee is tasked with a review of the Bill. The committee’s report to the Rajya Sabha was submitted recently.

In its report, the Committee recommends substantial changes to the Mediation Bill, aimed at institutionalising mediation and establishing the Mediation Council of India.

What is Mediation Bill, 2021?

Why does India need to promote mediation?

Benefits of mediation: The Mediation and Conciliation Project Committee of the Supreme Court of India describes mediation as a tried and tested alternative for conflict resolution.

What are the concerns with the Mediation Bill, 2021?

The bill proposes mandatory mediation before litigation: But, as per Article 21 of the Constitution, access to justice is a constitutional right which cannot be fettered or restricted. Mediation should just be voluntary and making it otherwise would amount to the denial of justice.

Clause 26 of the Bill: According to Clause 26 of the Bill, court-annexed mediation, including pre-litigation mediation, will be conducted in accordance with the directions or rules framed by the Supreme Court or High Courts.

The Bill considers international mediation to be domestic when it is conducted in India with the settlement being recognised as a judgment or decree of a court.

The Singapore Convention does not apply to settlements that already have the status of judgments or decrees. As a result, conducting cross-border mediation in India will exclude the tremendous benefits of worldwide enforceability.

What are the recommendations of the Committee?

The Committee recommends substantial changes to the Mediation Bill, aimed at institutionalising mediation and establishing the Mediation Council of India.

Clause 26 is unconstitutional: The committee stated that Clause 26 went against the spirit of the Constitution. In countries that follow the Common Law system, the absence of statutes, apex court judgments and decisions carry the same weight.

The moment a law is passed, then it becomes the guiding force rather than the instructions or judgments given by the courts. Therefore, Clause 26 is unconstitutional.

Source: The post is based on the article “Draft Indian Telecommunication Bill,2022” published in PIB on 22nd September 2022.

What is the News?

The Department of Telecommunications(DoT) has issued the draft Indian Telecommunication Bill, 2022. 

What is the purpose of the Draft Indian Telecommunication Bill, 2022?

The Bill consolidates three separate acts that govern the telecommunications sector — Indian Telegraph Act 1885, Indian Wireless Telegraphy Act 1933, and The Telegraph Wires, (Unlawful Protection) Act 1950.

What are the key provisions of the Bill?

Inclusion of OTTs in the definition of Telecommunications services: The Bill proposes to bring over-the-top (or OTT) communications services such as WhatsApp, Telegram, satellite-based communication services and the internet into the definition of telecommunication services.

– So, OTT communication services have to take a license now and be subjected to the same conditions governing telecom players in India, like the quality of service and security rules, etc.

Assigning of Spectrum: The Bill laid down a clear statutory framework and regulations on assigning spectrum. It says spectrum should primarily be given through auction. 

– For specific functions related to the government and public interest like defence, transportation and research, the Bill proposes assignment through the administrative process.

Trading of Spectrum: The Bill enables sharing, trading, leasing, surrender of spectrum assigned and a process to return unutilised spectrum.

– The government will also have the power to terminate spectrum allocations partly or in full if it determines that the assigned spectrum has remained unutilised for insufficient reasons over a period of time.

— Moreover, the bill says that if a telecom entity in possession of spectrum goes through bankruptcy or insolvency, the assigned spectrum will revert to the control of the Center. 

Right of Way(ROW): The Bill tries to achieve through law a ‘right of way’ (ROW) enforceable at the state- and at the municipal-corporation level.

– It lays down a framework in which a public entity that owns the land has to grant ‘right of way’ permission expeditiously unless it gives a substantive ground for refusal.

Cyber Security: To prevent cyber fraud, the Bill provides that the identity of the person sending a message through telecom services shall be available to a user receiving it.

Telecommunication Development Fund(TDF): The Bill proposes to replace the Universal Service Obligation Fund(USOF) with the Telecommunication Development Fund(TDF). 

– USOF is the pool of funds generated by the 5% Universal Service Levy that is charged upon all telecom fund operators on their Adjusted Gross Revenue. 

– The USOF has largely been used to aid rural connectivity. However, with the TDF, the objective is also to boost connectivity in underserved urban areas, R&D, skill development etc.

Source: The post is based on the article “For ease of doing biz, century-old Boilers Act to be decriminalized” published in Livemint on 26th August 2022.

What is the News?

The Government of India is set to decriminalize the archaic Indian Boilers Act,1923.

What is the Indian Boiler Act,1923?

Indian Boilers Act-1923 was enacted with the objective to provide mainly for the safety of life and Property of persons from the danger of explosions of steam boilers and for achieving uniformity in registration and inspection during the operation and maintenance of boilers in India.

What are the key changes the government is planning to make to the Indian Boiler Act, 1923?

Firstly, decriminalize the Boilers Act by removing the provision for a two-year jail time for violation of the rules. 

Secondly, easing the rules by extending the duration of licenses and cutting the frequency of inspections.

What will be the impact of these amendments?

A boiler is an essential tool for a number of industries including power plants, government factories, sugar, textile, feed, auto rice mills and the pharmaceutical industry. 

Hence, these proposed changes will help improve the ease of doing business in the country and reduce litigation. 

Source: The post is based on the article “The Competition (Amendment) Bill, 2022” published in The Hindu on 25th August 2022.

What is the News?

The Competition (Amendment) Bill, 2022 was introduced in the Lok Sabha. The Bill seeks to amend the Competition Act, 2002.

What are the key features of the Competition (Amendment) Bill, 2022?

Regulation of combinations based on deal value: Any acquisition, merger or amalgamation may constitute a combination. The act currently says parties indulging in merger, acquisition, or amalgamation need to notify the Commission of the combination only on the basis of ‘asset’ or ‘turnover’. The Bill proposes to add a ‘deal value’ threshold.

Time limit for approval of combinations: The Act specifies that any combination shall not come into effect until the CCI has passed an order or 210 days have passed from the day when an application for approval was filed, whichever is earlier. The Bill reduces the time limit in the latter case to 150 days.

Gun Jumping: Parties should not go ahead with a combination prior to its approval. If the combining parties close a notified transaction before the approval, or have consummated a reportable transaction without bringing it to the Commission’s knowledge, it is seen as gun-jumping.

– The penalty for gun-jumping was a total of 1% of the asset or turnover. This is now proposed to be 1% of the deal value.

Addresses the issue of the Hub and Spoke Model: A Hub-and-Spoke arrangement is a kind of cartelisation in which vertically related players act as a hub and place horizontal restrictions on suppliers or retailers (spokes). 

– Currently, the prohibition on anti-competitive agreements only covers entities with similar trades that engage in anti-competitive practices.

– To combat this, the Bill broadens the scope of ‘anti-competitive agreements’ to catch entities that facilitate cartelisation even if they are not engaged in identical trade practices.

Leniency Plus: The Bill allows the commission to give an additional waiver of penalties to an applicant who discloses the existence of another cartel in an unrelated market, provided the information enables the Commission to form a prima facie opinion about the existence of the cartel.

Settlement and Commitment in anti-competitive proceedings: Under the Act, CCI may initiate proceedings against enterprises on grounds of: (i) entering into anti-competitive agreements, or (ii) abuse of dominant position.  

– The Bill permits CCI to close inquiry proceedings if the enterprise offers: (i) settlement (may involve payment), or (ii) commitments (may be structural or behavioral in nature).

Appointment of Director General: The Act empowers the central government to appoint a Director General to CCI.The Bill amends this to empower the CCI to appoint the Director General, with prior approval of the government.

Penal Provisions: The penalties and penalty guidelines are proposed to be amended. 

– For any false information filed, a penalty of five crores will be imposed, and for failure to comply with the Commission directions, a penalty of ₹10 crores will be imposed. 

– For an appeal to be heard by the National Company Law Tribunal(NCLT) against the Commission’s order, the party will have to deposit 25% of the penalty amount.

Source: The post is based on the article “Draft Indian Ports Bill, 2022 issued for Stakeholder Consultation” published in PIB on 18th August 2022.

What is the News?

The government of India has issued Draft Indian Ports Bill, 2022 for stakeholder consultation.

What is the Draft Indian Ports Bill, 2022?

The Bill seeks to repeal and replace the existing Indian Ports Act 1908, which is more than 110 years old, becoming imperative that the Act is revamped to reflect the present-day frameworks.

Key Objectives of the Bill

– Promote integrated planning between States inter-se and Centre-States through a purely consultative and recommendatory framework;

– Ensure prevention of pollution measures for all ports in India while incorporating India’s obligations under international treaties;

– Address lacunae in the dispute resolution framework required for the burgeoning ports sector;

– Usher in transparency and cooperation in the development and other aspects through the use of data.

Key Provisions of the Bill

It empowers and establishes State Maritime Boards for effective administration, control and management of non-major ports in India.

It provides for adjudicatory mechanisms for redressal of port-related disputes and establishes a national council for fostering structured growth and development of the port sector.

The redundant provisions of the Act have been deleted or replaced with contemporaneous provisions. 

It ensures compliance with the country’s obligation under the maritime treaties and international instruments to which India is a party. 

Further, existing penalties in the Act which are outdated have been updated with respect to amounts and offences relevant to present-day scenarios.

Significance of Ports in India

India has a 7,500 km long coastline, 14,500 km of potentially navigable waterways and a strategic location on key international maritime trade routes. 

About 95% of India’s trade by volume and 65% by value is done through maritime transport facilitated by ports.

Source: The post is based on the article “Explained: Electricity Bill – promise, problems” published in Indian Express on 10th August 2022.

What is the News?

The government has tabled the Electricity (Amendment) Bill 2022 in the Lok Sabha soon after which it was referred to the parliamentary standing committee on energy for wider consultation with stakeholders.

What is the Electricity Amendment Bill,2022?

The Bill amends the Electricity Act, 2003. The Act regulates the electricity sector in India. It sets up the Central and State Electricity Regulatory Commissions (CERC and SERCs) to regulate interstate and intrastate matters, respectively.  

What are the key provisions of the Bill?

Multiple discoms in the same area: More than one power distributor can operate in an area and they will be allowed to use the power distribution infrastructure of other suppliers. This is aimed at boosting competition and giving more choice to the consumers. 

Tariffs: The Bill makes provision for “mandatory” fixing of minimum as well as maximum tariff ceilings by the “appropriate commission” to avoid predatory pricing by power distribution companies and to protect consumers.

Timely Tariff Revisions: The Bill has several provisions to ensure graded and timely tariff revisions that will help provide state power utilities with enough cash to be able to make timely payments to power producers.

Cross-subsidy Balancing Fund:  The Bill adds that upon grant of multiple licenses for the same area, the state government will set up a Cross-subsidy Balancing Fund. Cross-subsidy refers to the arrangement of one consumer category subsidizing the consumption of another consumer category.

Any surplus with a distribution licensee on account of cross-subsidy will be deposited into the fund. The fund will be used to finance deficits in cross-subsidy for other discoms in the same area or any other area.

Renewable purchase obligation(RPO): The Act empowers SERCs to specify renewable purchase obligations(RPO) for discoms. RPO refers to the mandate to procure a certain percentage of electricity from renewable sources.

The Bill adds that RPO should not be below a minimum percentage prescribed by the central government. Failure to meet RPO will be punishable with a penalty between 25 paise and 50 paise per kilowatt of the shortfall.

Strengthen Regulators: The Bill seeks to strengthen payment security mechanisms and give more powers to regulators. 

Why have opposition parties opposed this Bill?

Firstly, the bill is violative of India’s federal structure in as much as Electricity is a subject mentioned as item 38 in the Concurrent list. This implies that it is the duty of the Centre to have effective consultation with State governments. However, no consultation was done before introducing the bill.

Secondly, the provision to encourage competition may lead to more entities entering lucrative and urban areas, while loss-making areas may continue to be underserved.

Thirdly, some farmers are concerned that it will eventually lead to the end of subsidies power.

Source: The post is based on the article “Union government rolls back Data Protection Bill” published in The Hindu on 5th August 2022.

What is the News?

The Union Information Technology Minister has announced the withdrawal of The Personal Data Protection Bill, 2019.

What is the Personal Data Protection Bill, 2019?

Click Here to read

Why has the Bill been withdrawn?

The Personal Data Protection Bill, 2019 was deliberated in great detail by the Joint Committee of Parliament(JCP), 81 amendments were proposed, and 12 recommendations were made toward a comprehensive legal framework for the digital ecosystem. 

Hence, in the circumstances, it is proposed to withdraw the bill and present a new bill that fits into the comprehensive legal framework.

What did the JCP recommend?

The JCP proposed 81 amendments to the Bill. Some of these are:

– Expanding the scope of the proposed law to cover discussions on non-personal data — thereby changing the mandate of the Bill from personal data protection to broader data protection. 

– Recommended changes on issues such as regulation of social media companies.

– Using only “trusted hardware” in smartphones.

– Social media companies that do not act as intermediaries should be treated as content publishers — making them liable for the content they host.

Source: The post is based on the article “Parliament passes the National Anti-Doping Bill 2022” published in PIB on 3rd August 2022.

What is the News?

Parliament has passed the National Anti-Doping Bill 2022.

Note: Doping basically means athletes taking illegal substances to make their performance better. Although doping enhances performance, there are health risks involved in taking them and they’re banned by sports governing bodies.

What are the key provisions of the National Anti-Doping Bill 2022?

Prohibits Doping: The Bill prohibits athletes, athlete support personnel, and other persons from engaging in doping in sports.

– Violation of anti-doping rules may result in disqualification of results including forfeiture of medals, points and prizes, ineligibility to participate in a competition or event for a prescribed period, and financial sanctions.

Statutory backing for NADA: Currently, anti-doping rules are implemented by the National Anti-Doping Agency(NADA) which was established as a society.

– The Bill provides for constituting NADA as a statutory body headed by a Director General appointed by the central government. Functions of the Agency include planning, implementing and monitoring anti-doping activities, and investigating anti-doping rule violations.

National Board for Anti-Doping in Sports: The board will be established to make recommendations to the government on anti-doping regulations and compliance with international commitments on anti-doping. The Board will oversee the activities of NADA and issue directions to it.  

– The Board will constitute a National Anti-Doping Disciplinary Panel for determining the consequences of anti-doping rule violations. Further, the Board will constitute a National Anti-Doping Appeal Panel to hear appeals against decisions of the Disciplinary Panel.

Source: The post is based on the article “Lok Sabha passes Central Universities (Amendment), Bill 2022” published in PIB on 3rd August 2022.

What is the News?

Lok Sabha has passed the Central Universities (Amendment)Bill 2022.

What is the purpose of the Central Universities (Amendment)Bill 2022?

The Bill amends the Central Universities Act, 2009, which provides for establishing central universities in various states. Key features of the Bill include:

Gati Shakti Vishwavidyalaya:  The Bill seeks to convert the National Rail and Transportation Institute, Vadodara (a deemed university) to the Gati Shakti Vishwavidyalaya, which will be a central university.  

– The National Rail and Transportation Institute was declared a deemed university under the University Grants Commission Act, 1956. The Vishwavidyalaya will be sponsored and funded by the central government through the Ministry of Railways.  

Scope of education: The Bill provides that Gati Shakti Vishwavidyalaya will take measures to provide quality teaching, research, and skill development in disciplines related to transportation, technology, and management. If required, the University may also establish centres in India and abroad. 

Source: The post is based on the article “Explained | The Energy Conservation (Amendment) Bill 2022” published in The Hindu on 2nd August 2022.

What is the News?

To meet India’s commitment to exceeding its Paris Agreement climate targets, the Government of India plans to table the Energy Conservation (Amendment) Bill 2022 in the ongoing Monsoon session of Parliament.

The Bill proposes to amend the Energy Conservation Act 2001 last amended in 2010.

What is the Energy Conservation Act 2001?

Energy Conservation Act, 2001 was enacted to provide for efficient use of energy and its conservation and for matters connected therewith.

Key Provisions of the Act

Norms for energy efficiency: The Act empowers the Centre to specify norms and standards of energy efficiency for appliances, industrial equipment and buildings with a connected load over 100 kiloWatts (kW) or a contractual demand of more than 15 kilovolt-amperes (kVA).

BEE: The Act established the Bureau of Energy Efficiency(BEE). The 2010 amendment extended the tenure of the Director General of the Bureau of Energy Efficiency from three to five years. This Bureau can specify qualifications required for energy auditors who monitor and review the power consumption of various industries.

Energy Saving Certificates: The Centre can issue energy savings certificates to those industries which consume less than their maximum allotted energy. However, this certificate can be sold to customers who consume higher than their maximum allowed energy threshold – providing for a framework for energy trading.

The Act allows the Centre to prohibit the manufacture, sale, purchase or import of any particular equipment unless it conforms to specified norms issued six months/ one year before.

Penalty: In case of any violations under this Act, each offence shall attract a penalty of Rs ten lakh with an additional penalty of Rs 10,000 for each day the offence continues.

Appeals: Any appeals against any such order passed by the Central or state government will be heard by the appellate tribunal already established under the Electricity Act, 2003.

What are the proposed changes to the act?

The Ministry of Power has proposed the following changes to the act:

1. Defining the minimum share of renewable energy to be consumed by industrial units or any establishment. This consumption may be done directly from a renewable energy source or indirectly via the power grid.

2. Incentivising efforts to use clean energy by issuing carbon saving certificates.

3. Strengthening institutions set up originally under the Act, such as the Bureau of Energy Efficiency.

4. Facilitating the promotion of green Hydrogen as an alternative to the fossil fuels used by industries.

5. Considering additional incentives like carbon credits for the use of clean energy to lure the private sector to climate action.

6. Including larger residential buildings under energy conservation standards to promote sustainable habitats. Currently, only large industries and their buildings come under the ambit of the Act.

Source: The post is based on the article “Lok Sabha passes family courts Bill” published in Indian Express on 29th July 2022.

What is the News?

Lok Sabha has passed the Family Courts (Amendment) Bill, 2022.

What is the Family Courts Act, 1984?

The Family Courts Act,1984 allows State governments to establish family courts to promote conciliation and ensure that disputes related to family affairs and marriage are promptly settled. 

Under the Act, the setting up of family courts and their functioning comes under the purview of the State governments in consultation with their respective high courts. The Act also lays down provisions for the appointment of judges in family courts.

What is the Family Courts (Amendment) Bill, 2022?

The Bill amends the Family Courts Act, 1984 to establish family courts in Himachal Pradesh with effect from February 15, 2019, and in Nagaland with effect from September 12, 2008.

The Bill also seeks to insert a new Section 3A to retrospectively validate all actions under the said Act taken by the State Government of Himachal Pradesh and Nagaland and the Family Courts of those states prior to the commencement of the Family Courts (Amendment) Act, 2022.

Why was this amendment needed?

There are 715 Family Courts which are established and functioning in 26 States and Union territories, including three Family Courts in the State of Himachal Pradesh and two-Family Courts in the State of Nagaland.

However, for Himachal and Nagaland, the Central Government notification was not issued for bringing the said Act into force in these states.

The issue of lack of jurisdiction of Family Courts in the State of Himachal Pradesh has been challenged before the High Court of Himachal Pradesh.

It was stated that as the Central Government has not issued any notification to extend the jurisdiction of Family Courts in the State of Himachal Pradesh, such Courts are functioning without jurisdiction and anything done or any action taken under the said Act appears to be void ab initio (having no legal effect from inception).

The family courts in Nagaland too were operating without any legal authority since 2008.

Source: The post is based on the article “Explained: Why the govt plans to scrap the decades-old Coffee Act” published in Indian Express on 29th July 2022.

What is the News?

The Ministry of Commerce and Industry is planning to replace the Coffee Act, 1942 with the new Coffee (Promotion and Development Bill), 2022.

Note: Karnataka is the biggest producer of coffee in India.

What is the Coffee Board Act,1942?

The Coffee Act, 1942 was first introduced during World War II in order to protect the struggling Indian coffee industry from the economic downturn caused by the war.

The Act empowered the Coffee Board to control the production, marketing and sale of coffee in the domestic as well as international market. 

The act introduced a pooling system where each planter was required to distribute their entire crop to a surplus pool managed by the Board, apart from the small quantities that were allowed for domestic use and seed production.

What were the earlier amendments made to the Act?

Through a series of amendments, the Coffee Board’s authority was reduced and in 1996, the pooling system was abolished and coffee growers were allowed to directly sell to processing firms. 

Since liberalization, the Coffee Board plays more of an advisory role and aims at increasing production, promoting further export and supporting the development of the domestic market.

What is the purpose of the Coffee (Promotion and Development Bill), 2022?

The Bill seeks to replace the Coffee Act, 1942 as many of its provisions have become redundant and are impediments to the coffee trade.

Key Provisions of the Bill

The Bill is now primarily concerned with promoting the sale and consumption of Indian coffee, including through e-commerce platforms, with fewer government restrictions. 

It promotes ease of doing business by simplifying documentation and procedures, including replacing the existing five-year validity of Registration cum Membership Certificate (RCMC) with a one-time exporter registration.

The Bill also brings in a one-time registration of curing units. (Curing is a process that prepares coffee beans for the market).

Source: The post is based on the article “Forest Rights Act: well begun, and now Odisha is ready for the home run” published in The Hindu on 28th July 2022.

What is the News?

Odisha is one of the few states in the country which is nearer to completely implementing the provisions of the Forest Rights Act,2006.

It is the first State in the country to make budgetary provisions for the implementation of the Forest Rights Act in 2021-22. 

What is the Forest Rights Act,2006?

The Forest Rights Act (FRA),2006 recognizes the rights of the forest-dwelling tribal communities and other traditional forest dwellers to forest resources on which these communities were dependent for a variety of needs, including livelihood, habitation and other socio-cultural needs. 

Individual Rights: The Act recognizes the Rights of Self-cultivation and habitation which are usually regarded as Individual rights.

Community Rights: It also recognizes community Rights such as Grazing, Fishing and access to Water bodies in forests, Habitat Rights for PVTGs, community right to intellectual property and traditional knowledge or recognition of traditional customary rights.

– It also provides rights to the allocation of forest land for developmental purposes to fulfil the basic infrastructural needs of the community. 

Protection from Eviction: In conjunction with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013 FRA protects the tribal population from eviction without rehabilitation and settlement.

Gram Sabha: The Act further enjoins upon the Gram Sabha and rights holders the responsibility of conservation and protection of biodiversity, wildlife, forests as well as to stop any destructive practices affecting these resources or cultural and natural heritage of the tribals. 

– The Gram Sabha is also a highly empowered body under the Act, enabling the tribal population to have a decisive say in the determination of local policies and schemes impacting them.

Source: The post is based on the article “Centre to amend Warehousing Act” published in The Hindu on 28th July 2022.

What is the News?

The Union Food and Public Distribution Ministry has suggested major amendments to the Warehousing (Development and Regulation) Act of 2007.

What is the Warehousing (Development and Regulation) Act, 2007?

The Warehousing (Development and Regulation) Act, 2007 came into force in 2010.

The Government constituted Warehousing Development and Regulatory Authority (WDRA) under the Act to ensure scientific storage by prescribing infrastructural and procedural standards. 

Captive warehouses such as those of the Food Corporation of India are excluded from the ambit of the Act. 

What are the proposed amendments to the Act?

Compulsory registration of warehouses: At present, the registration of warehouses with the WDRA is optional. After the proposed amendment, registration of all third-party warehouses throughout the country will be undertaken in a phased manner. The Central government will have powers to exempt any class of warehouses from registration with the Authority. 

Doing away with Jail Term: Government has proposed doing away with up to three years imprisonment for various offences but suggested a significant increase in the penalty from the current ₹1 lakh for various offences.

No accreditation agencies: The proposed amendments aim to do away with accreditation agencies as the process was time-consuming, prone to malpractices and led to complaints.

— After the proposed amendments, the application for registration of warehouses will be submitted directly to the WDRA and a new system of online applications which will be contactless and faceless will be implemented and the average registration time will be reduced. 

Composition of WRDA: At present, WRDA is composed of a chairperson and two full-time members. After the amendment, three ex-officio part-time members will be added to the Authority including joint secretaries in the Food and Economic Affairs departments and the Executive Director of the SEBI.

– The amendment will also give WRDA the powers to investigate, take enforcement action, impose monetary penalties, recover monetary penalties and adjudication.

Source: The post is based on the article “EIA rules amended: projects near LoC, those of strategic value won’t need green nod” published in Indian Express on 20th July 2022.

What is the News?

The Ministry of Environment, Forests and Climate Change (MoEF&CC) has notified amendments to the Environmental Impact Assessment(EIA) Rules, making several exemptions to gaining environmental clearance.

What is Environmental Impact Assessment(EIA)?

Click Here to read

What are the exemptions notified by Ministry?

Highway projects of strategic and defence importance: The amendment exempt Highway projects of strategic and defence importance, which are 100 km from the Line of Control, among other locations, from an environmental clearance before construction.

– The exemption to be accorded to highways of strategic importance does away with the need for green clearance for the construction of the controversial Char Dham project. The case is presently being heard in Supreme Court, which has set up a high-powered committee to look into the matter.

Biomass-Based Thermal Power Plants: Thermal power plants up to 15 MW based on biomass or non-hazardous municipal solid waste using auxiliary fuel such as coal, lignite or petroleum products up to 15% have also been exempted — as long as the fuel mix is eco-friendly.

Fish Handling Ports and Harbour: Fish handling ports and harbours with less pollution potential compared to others, and caters to small fishermen, are exempted from environmental clearance.

Toll Plazas: Toll plazas that need more width for installation of toll collection booths to cater to a large number of vehicles, and expansion activities in existing airports related to terminal building expansion without an increase in the airport’s existing area, rather than expansion of runways, etc., are two other projects exempted.

Source: The post is based on the article “Transplantation of Human Organs & Tissues Act (THOTA), 1994 provides for regulation of removal, storage and transplantation of human organs & tissues for therapeutic purposes” published in PIB on 19th July 2022.

What is the News?

The Minister of State for Health and Family Welfare has informed Rajya Sabha about the Transplantation of Human Organs & Tissues Act (THOTA),1994 and the National Organ Transplant Program(NOTP).

What is the Transplantation of Human Organs & Tissues Act (THOTA),1994?

The Act provides for the regulation of removal, storage and transplantation of human organs & tissues for therapeutic purposes and for the prevention of commercial dealings in human organs & tissues. 

It contains detailed provisions relating to the authority for removal of human organs, preservation of human organs, regulation of hospitals conducting the removal, storage or transplantation of human organs, registration of hospitals and punishment/penalties for offences relating to aforesaid matters.

Amendment to this Act: The Government of India enacted the Transplantation of Human Organs (Amendment) Act, 2011 which allows the swapping of organs and widens the donor pool by including grandparents and grandchildren in the list.

Note: The subject of artificial organs is not regulated under this Act.

What is the National Organ Transplant Program(NOTP)?

Click Here to read about this program

Source: The post is based on the article “Regulation of medical devices: Draft Bill suggests separate expert group, check on online pharmacies” published in Indian Express on 10th July 2022

What is the News?

The Union Health Ministry has released the new draft ‘Drug, Medical Devices, and Cosmetics Bill-2022’.

What is the Draft ‘Drug, Medical Devices, and Cosmetics Bill-2022’?

Purpose: The Bill seeks to replace the Drugs and Cosmetics Act of 1940 with an updated law laying down strict regulatory guidelines to keep pace with changing needs and technology.

Salient Provisions

Separate Definition of Medical Devices: The Bill has a separate definition for medical devices that bring under its ambit diagnostic equipment, its software, implants, devices for assistance with disabilities, life support, instruments used for disinfection, and any reagents or kits. The previous 1940 Act regulated medical devices as one of the four categories of “drugs”.

Medical Technical advisory board: The Bill proposes a medical technical advisory board along the lines of the existing drugs technical advisory board. This board will not only include medical professionals, but also people with technical knowledge of the devices.

Medical Devices Testing Centre: The Bill proposes medical device testing centres on the lines of drug laboratories in states and at the central level.

Clinical Trials: The Bill proposes compulsory permission of the central licensing authority for clinical trials or clinical investigation of drugs and medical devices. Although companies at present also have to seek permission from the apex drug regulator to conduct trials, it was never mentioned in the previous law.

– The Bill also says that medical management and compensation have to be provided to persons who are injured while participating in clinical trials. And, in case of death, the legal heir of the participant should be awarded compensation.

Regulation of e-pharmacies: The Bill specifically states that the Central government must come up with rules to regulate the online sale of drugs and for online pharmacies to operate “in accordance with a licence or permission issued”.

Source: The post is based on the article “As students gear up for university, the devil is in the NEP’s details” published in “Indian Express” on 6^th July 2022.

Syllabus: GS 2 – Issues relating to development and management of Social Sector/Services relating to Education.

Relevance: To understand the challenges associated with the National Education Policy.

News: Along with the rest of the world, India has seen the “massification” of higher education over the past two decades. The National Education Policy 2020 (NEP) is poised to transform Indian higher education. But, the sweeping changes the NEP brings might not likely to provide the desired outcomes.

How does the NEP plans to transform Indian higher education?

The NEP’s core objective for higher education is to make it “holistic and multidisciplinary education” (HME). The NEP ties the goal of HME to three specific reforms: a) A four-year undergraduate programme (FYUP); b) a “multiple exit/entry system” (MEES); and c) a nationwide Academic Bank of Credit (ABC) system for storing and transferring credits.

What are the challenges associated with the NEP?

FYUP requires justification: In Europe and the UK, the three-year format is preferred for HME. Given that the three-year format is used in reputed institutions abroad and was already established in India, the change to the FYUP as the universal norm for degrees in general education has the not explained the following,

a) Need to shift for three years to FYUP, b) challenges associated with the three-year program, and c) benefits for students in FYUP.

MEES has no necessary relationship with the FYUP: To reap the benefits of MEES, FYUP has to be modified accordingly. For instance, the first year of the FYUP must fulfill the requirements of a standalone certificate course. But it is impossible to design a single curriculum that does justice to four different courses.

Since the existing syllabi are force-fitted into FYUP format, the most likely outcomes are diluted long courses, lopsided short courses, or both.

NEP does not address the root cause: According to the latest NSSO report on education, two-thirds of those in the 18-24 age group who had enrolled in higher education institutions were currently not attending them. The three most common reasons given for not attending are financial constraints, economic activities and domestic activities.

NEP and its multiple exit and entry points will not address these issues. Instead, Multiple exit points will help in renaming drop-outs as certificate or diploma-holders. Short-term credentials will encourage families to withdraw their wards from education, especially women.

NEP falls prey to global trends in higher education: Modalities such as credit transfers originated in Europe and the OECD and were promoted by multilateral agreements like the Bologna Process, the Lisbon and Incheon Declarations.

But all these are designed to solve the European problem of excess capacity in higher education and to expand the catchment area for institutions to ensure their viability.

On the other hand, problems of Indian education are radically different and demand context-sensitive solutions.

What should be done to improve HME?

The unprecedented widening of access to higher education in India has failed to reduce inequalities or promote mobility. A far more direct method would be to provide targeted scholarships for students with financial constraints.

What is the News?

The Government of India has introduced the ‘Antarctica Bill’ in the Lok Sabha.

What was the need for the Antarctic Bill?

India had been a signatory to the Antarctica Treaty since 1983 and that encumbered India to specify a set of laws governing portions of the continent where it had its research bases.

India is also a signatory to treaties such as the Convention on the Conservation of Antarctic Marine Living Resources and the Commission for Conservation of Antarctic Marine Living Resources, both of which enjoin India to help preserve the pristine nature of Antarctica. 

Hence, to fulfil the objectives of these treaties, the Antarctic Bill 2022 has been brought.

What is the aim of the Antarctica Bill?

To have India’s own national measures for protecting the Antarctic environment and its dependent and associated ecosystem.

To regulate visits and activities to Antarctica, as well as potential disputes that may arise among those present on the continent. 

To prescribe penal provisions for certain serious violations.

What are the key provisions of the Antarctica Bill?

Applicability: The Bill will apply to Indians, foreign citizens, corporations, firms and joint ventures functioning in India, and any vessel or aircraft that is either Indian or part of an Indian expedition.

Indian expedition to Antarctica: The Bill prohibits Indian expedition to Antarctica or carrying out certain activities in Antarctica without a permit or the written authorisation of another party to the protocol.

Committee on Antarctic governance and Environmental protection: It has been set up to monitor, implement and ensure compliance with the relevant international laws, emissions standards and rules of protection. The committee is to be headed by the Secretary of the Ministry of Earth Sciences, as ex officio chairperson.

Prohibitory Activities: The Bill prohibits drilling, dredging, excavation or collection of mineral resources or even doing anything to identify where such mineral deposits occur. The only exception is for scientific research with a permit.

There will also be a strict prohibition on damaging native plants, flying or landing helicopters or operating vessels that could disturb birds and seals, and removing soil or any biological material native to Antarctica.

The introduction of animals, birds, plants or microscopic organisms that are not native to Antarctica is also prohibited.

Provisions for Indian Tour Operators: The Bill provides for Indian tour operators to be able to operate in Antarctica after acquiring a permit.

Source: This post is based on the article “Centre introduces Antarctica Bill” published in The Hindu on 2nd April 2022.

What is Criminal Procedure (Identification) Act, 2022?

Objective: To allow the police and prison authorities to collect, store and analyze physical and biological samples, including retina and iris scans.

Repealing: The Act seeks to repeal the Identification of Prisoners Act 1920. The act applied to the collection of “measurements” for mostly those who were convicted and who would serve a prison sentence. Measurements under this Act involved only finger impressions and footprint impressions.

Scope of the Act: Compared to the 1920 Act, the Bill expands the individuals it seeks to cover. It proposes that the law applies to three categories of individuals:

– Those convicted of an offence are punishable under any law for the time being in force.

– Those ordered to give security for good behaviour or maintaining peace under Section 117 of the CrPC for a proceeding under Section 107, 108, 109 or 110 of the Code. These are provisions involving “suspected criminals” or “habitual offenders” with a view to preventing crime.

– Those arrested in connection with an offence punishable under any law in force or detained under any preventive detention law. This would include the National Security Act or the Public Safety Act.

Key Provisions of the Act

Powers to Police and Prison Authorities: It authorizes police and prison authorities to take measurements of convicts and other persons for the purposes of identification and investigation in criminal matters and to preserve records and for matters connected therewith.

Definition of Measurements: It defines “measurements” to include finger impressions, palm-print and foot-print impressions, photographs, iris and retina scan, physical, biological samples and their analysis.

Nodal Agency to Store Biological Data: The National Crime Records Bureau (NCRB) will be the repository of physical and biological samples, signatures and handwriting data that can be preserved for at least 75 years.

Empowers a Magistrate: A Magistrate can direct law enforcement officials to collect fingerprints, footprint impressions and photographs in the case of a specified category of convicted and non-convicted persons.

Refusal to Comply: Resistance to or refusal to allow the taking of measurements under this Act shall be deemed to be an offence under section 186 of the Indian Penal Code (IPC).

Exceptions: The Act states that except for those accused of offences committed against a woman or a child, or for any offence punishable with imprisonment for a period that is not less than seven years, a person accused of any other offence can refuse to allow the taking of his biological samples under the Act.

– Even if such data is collected from the accused, it can be destroyed from the records unless a magistrate in writing directs otherwise.

What are the issues with this Act?

Beyond Legislative competence of the Centre: The Act was beyond the legislative competence of Parliament, as it violated fundamental rights of citizens, including the right to privacy.

Lack of clarity: Several provisions are not defined in the Bill itself. For instance, the statement of objects says it provides for the collection of measurements for “convicts and other persons” but the expression “other persons” is not defined.

Against Article 20(3): The Act will be debated against Article 20(3) of the Constitution, which is a fundamental right that guarantees the right against self-incrimination. It states that no person accused of any offence shall be compelled to be a witness against himself.

Other Concerns: The Act brings to focus the rights of prisoners and the right to be forgotten since biometric data can be stored for 75 years. While the jurisprudence around the right to be forgotten is still in an early stage in India, the Puttaswamy judgment discusses it as a facet of the fundamental right to privacy.

Source: This post is based on an article “Protest in LS as Bill envisages lifting biometrics of detainees” published in The Hindu on 29th March 2022.

What is the News?

The Union Cabinet has approved the proposal of the Ministry of Mines for amendment of the Second Schedule of the Mines and Minerals (Development and Regulation) Act, 1957.

What is the purpose of the amendment?

The amendment specifies the rate of royalty in respect of certain minerals like Glauconite, Potash, Emerald, Platinum Group of Metals (PGM), Andalusite, Sillimanite and Molybdenum.

What was the need for this amendment?

Geological Survey of India and Mineral Exploration Corporation Ltd. has been carrying out exploration of minerals such as Glauconite/ Potash, Emerald, Platinum Group of Metals (PGM), Andalusite and Molybdenum which are not mined in the country. The country is totally dependent on imports of these minerals.

However, now, as a major step towards mineral self-sufficiency, many State Governments have identified such mineral blocks for auction. However, the rate of royalty for these minerals was not separately provided.

That’s why this amendment was brought to specify the rate of royalty in respect of these minerals.

What is the use of these minerals?

Minerals like Glauconite and Potash are used as fertilizer in agriculture. 

Platinum Group of Metals(PGM) are high-value metals used in various industries and new innovative applications. 

Minerals like Andalusite, molybdenum are vital minerals used in industrial applications.

Hence, encouraging indigenous mining of these minerals would lead to a reduction in imports in potash fertilizers and other minerals, thereby reducing the country’s foreign dependency.

Source: This post is based on the article “Cabinet approves Amendment of the Second Schedule to the Mines and Minerals (Development and Regulation) Act, 1957 for specifying rate of royalty in respect of certain minerals” published in PIB on 10th Mar 2022.

What is the News?

The Department of Fertilizers has sought comments from all stakeholders on the draft Integrated Plant Nutrition Management Bill, 2022. 

About the Draft Integrated Plant Nutrition Management Bill, 2022

Aim

– To promote the development and sustainable use of balanced fertilizers, including bio-fertilisers, bio-stimulates, nano-fertilizers and organic fertilizers.

– To simplify the process for the manufacture, production, distribution and price management of fertilizers in India, which will, in turn, improve the ease of doing business.

Salient provisions of the Draft Integrated Plant Nutrition Management Bill, 2022

Integrated Plant Nutrition Management Authority to be established and tasked with regulating the registration of fertilizer manufacturers, set out technical standards with respect to the quality of fertilizers etc.

The Central Government may fix the maximum prices of fertilizers to regulate the equitable distribution of fertilizers and their availability at fair prices.

No person can manufacture, sell, import for sale, or market fertilizers without obtaining the appropriate registration.

States have been empowered to appoint State Controllers of Fertilizers and Fertilizer Inspectors, who can conduct impromptu inspections on industry and trade armed with overarching powers to search, seize and confiscate. 

The Central Government may prescribe the manner in which fertilizers may be moved from one state to another.

Source: This post is based on the article “Centre proposes law to control distribution, price, quality of fertilizers” published in The Hindu on 23rd February 2022

What is the News?

The Government of India has introduced in Lok Sabha the Wildlife Protection (Amendment) Bill,2021.

What is the purpose of the Wildlife Protection (Amendment) Bill,2021?

The Bill seeks to amend the Wildlife Protection Act,1972.

It seeks to ensure that the Wildlife Protection Act,1972 complies with the requirements of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

What are the key provisions of the Wildlife Protection (Amendment) Bill,2021?

– Standing Committees of State Boards of Wildlife: The Bill proposes setting up of Standing Committees of State Boards of Wildlife. These committees will function like the National Board for Wildlife(NBWL). It will be able to make decisions on wildlife management and permissions granted for projects without having to refer most projects to the NBWL.

– Rationalisation of Schedules for Wildlife: The bill rationalises Schedules for Wildlife under the Act by bringing it down from 6 to 4 major schedules.

Note: A schedule is a categorisation of wildlife depending on how critically endangered they are. For example, A schedule I category of wildlife (such as Tigers) are the highest protected under the Act.

– Wildlife Management Plans: The Bill mandates that Wildlife Management Plans which are prepared for sanctuaries and national parks across the country will now become a part of the Wildlife Act. Further, they will have to be approved by the Chief Wildlife Warden of the state. This will ensure far stricter protection to these protected areas. Earlier, the plans were approved through executive orders.

Source: This post is based on the article “Govt brings Bill to amend wildlife law” published in Indian Express on 18th Dec 2021.

What is the News?

The Government of India has introduced the Biological Diversity Amendment Bill, 2021, in the Lok Sabha.

What is the purpose of the Biological Diversity Amendment Bill 2021?

The Bill seeks to amend the Biological Diversity Act, 2002 with the aim of reducing the compliance burden and facilitating investment. 

What are the key provisions of the Biological Diversity Amendment Bill 2021?

– Firstly, it exempts registered AYUSH medical practitioners and people accessing codified traditional knowledge among others from giving prior intimation to State biodiversity boards for accessing biological resources for certain purposes.

– Secondly, the Bill exempts cultivated medicinal plants from the purview of the Act.

– Thirdly, the bill facilitates fast-tracking of research, and patent application process.

– Fourthly, violations of the law related to access to biological resources and benefit-sharing with communities that are currently treated as criminal offences and are non-bailable have been proposed to be made civil offences.

What are the criticisms against the Biological Diversity Amendment Bill 2021?

It prioritises intellectual property and commercial trade at the expense of the Act’s key aim of conserving biological resources.

It does not mention any provision for protecting, conservation of biodiversity or increasing local communities’ stake in sustainable use.

It mainly intends to focus on benefits to the Ayush Industry.

It would also pave the way for “biopiracy”. 

Source: This post is based on the article “Ecologists oppose changes to Biological Diversity Act, 2002” published in The Hindu on 18th Dec 2021.

News: Recently, The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021 was passed by Lok Sabha.

About the Narcotic Drugs and Psychotropic Substances (Amendment) Bill

The 2021 Bill amends the Narcotic Drugs and Psychotropic Substances Act, 1985 and seeks to rectify a drafting “anomaly” created by a 2014 amendment. The bill amend Section 27A and change Section 2(viii)a mentioned in that section to Section 2(viii)b.

About the 2014 amendment

Section 27A of the NDPS Act, 1985, prescribes the punishment for financing illicit traffic and harbouring offenders. Before 2014, Section 2(viii)a contained a catalogue of offences for which the punishment is prescribed in Section 27A.

In 2014, an amendment was made to the NDPS Act to allow for better medical access to narcotic drugs.

-In Section 2(viii)a the amendment defined “essential drugs”. The amendment shifted the offences earlier under Section 2(viii)a to Section 2(viii)b.

-Under Section 9, it allowed the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of essential narcotic drugs.

What were the error and its outcome?

The 2014 amendment failed to amend Section 27A from changing Section 2(viii)a mentioned in that section to Section 2(viii)b. This made Section 27A inoperable since 2014.

In 2016, an accused had sought bail in West Tripura in Agartala, citing this omission in drafting. The district judge then referred the legal question to the High Court.

The government had argued that the drafting error cannot be grounds to seek bail and must be overlooked. The court agreed with the government. But the court said the reading could not be applied retrospectively, as this would violate Article 20(1).

What is the issue with the recent amendment bill?

Earlier, the government brought in an ordinance to rectify the drafting error. But the recent bill mentioned, “It shall be deemed to have come into force on the 1st day of May 2014”. Thus, the amendment makes the law retrospective. The government clarified that the retrospective application is permitted in “clarificatory amendments.”

But the bill is criticised for introducing a substantive sentencing provision in criminal law that has been given retrospective effect by a legislative declaration, 2. Making penal provisions retrospective will lead to more constitutional questions.

What are the other issues missed out by the bill?

Failed to decriminalize marijuana: There are many benefits associated with Marijuana. For instance, 1. Multiple sclerosis patients could benefit from therapeutic drugs derived from marijuana. 2. It may also help control pain, seizures and other afflictions, 3. Its commercial cultivation could offer more than medicinal value.

Further, the Global Commission on Drugs, a panel of leaders and thinkers, called for countries to regulate rather than ban cannabis (and narcotics). So, India should decriminalise Marijuana.

Source: This post is based on the following articles

“NDPS Act: a drafting error, its implications, and an amendment” published in Indian Express on 15th December 2021.

“A liberalized marijuana policy would do us good” published in Live Mint on 15th December 2021.

What is the News?

Rajya Sabha has passed the landmark Dam Safety Bill (2019) paving the way for the enactment of the Dam Safety Act in the country.

What is the need for the Dam Safety Bill?

India is the 3rd largest dam-owning nation in the world after China and USA.

There are around 5,700 large dams in the country, of which about 80% are already over 25 years old. Nearly 227 dams that are over 100 years old are still functional. 

Although India’s track record of dam safety is at par with that of the developed nations, there have been instances of unwarranted dam failures and of poor maintenance issues.

Hence, the Dam Safety Bill has been brought by the Government.

What is the objective of the Dam Safety Bill,2019?

To provide for adequate surveillance, inspection, operation, and maintenance of all the large dams in the country to prevent dam failure related disasters.

To provide for an institutional mechanism at both Central and State levels to address structural and non-structural measures required for ensuring the safe functioning of dams.

What are the key provisions of the Bill?

National Committee on Dam Safety(NCDS): It will be constituted to help evolve uniform dam safety policies, protocols, and procedures. 

National Dam Safety Authority(NDSA): It will be a regulatory body for ensuring the nationwide implementation of dam safety policies and standards. 

State Committees on Dams: At the State level, the Bill prescribes for the constitution of State Committees on Dam Safety (SCDS) and State Dam Safety Organizations(SDSO). These bodies will be responsible for the surveillance, inspection and monitoring of the operation and maintenance of dams within their jurisdiction.

Safety of Dams: The Bill provides for regular inspection and hazards classification of dams. It also provides for drawing up emergency action plans and comprehensive dam safety reviews by an independent panel of experts. There is provision for an emergency flood warning system to address the safety concerns of downstream inhabitants.

The obligation of Dam Owners: Dam owners are required to provide resources for timely repair and maintenance of the dam structure along with related machinery.

Penal Provisions: The Bill has penal provisions involving offences and penalties, for ensuring compliance with the provisions.

What is the significance of the Bill?

The bill looks at Dam Safety holistically and provides for not only structural aspects but also operational and maintenance efficacy through the prescription of strict Operation and Maintenance(O & M) protocols.

Source:  This post is based on the article “Rajya Sabha Passes The Landmark ‘Dam Safety Bill (2019)” published in PIB on 2nd December 2021.

What is the News?

Lok Sabha has passed the Assisted Reproductive Technology (Regulation) Bill, 2021.

What is Assisted Reproductive Technology (Regulation) Bill, 2021?

Aim: To regulate and supervise assisted reproductive technology clinics and banks, prevent misuse of the technology and promote the ethical practice of the services.

Note: Assisted reproductive technology(ART) includes medical procedures used primarily to address infertility. Examples of ART services include gamete (sperm or oocyte) donation, in-vitro-fertilisation (fertilising an egg in the lab) and gestational surrogacy (the child is not biologically related to the surrogate mother).

What are the key provisions of the Assisted Reproductive Technology (Regulation) Bill, 2021?

Regulation of ART Clinics: The Bill provides for the establishment of the National Registry of Clinics and Banks, which will act as a central database for details of all the clinics and banks in the country. The Registry will grant registration to ART clinics which will be valid for five years and can be renewed for a further five years. Registration may be cancelled or suspended if the entity contravenes the provisions of the Bill. 

National and State Boards: The Bill also provides for the establishment of National and State Boards for Surrogacy for the regulation of ART services. The National Board shall advise the Central Government on policy matters relating to assisted reproductive technology.

Rules for ART service providers: ART procedures can only be carried out with the written informed consent of both the person seeking ART services as well as the gamete donor. 

Rights of a Child Born through ART: The Bill provides that the child born through assisted reproductive technology shall be deemed to be a biological child of the commissioning couple and the said child shall be entitled to all the rights and privileges available to a natural child only from the commissioning couple under any law for the time being in force.

Offences: Offences under the bill include clinics offering sex selection, abandoning or exploiting children born through ART, the selling, buying, or importing of human embryos and exploiting the couple or donors concerned in any form. Proposed jail terms for violations range from five to 12 years, and fines from Rs 5 lakh to Rs 25 lakh.

What are the issues with the Bill?

Firstly, the Bill doesn’t include lesbian, gay, bisexual, or transgender people (LGBTQ) or single men for exercising the right of ART. 

Secondly, the Government should consider supporting poor childless parents to take ART’s help.

Source: This post is based on the following articles:

• “Lok Sabha passes Bill to regulate assisted reproductive technology” published in Indian Express on 2nd December, 2021.
• “Bill to regulate IVF clinics passed in Lok Sabha” published in The Hindu on 2nd December, 2021.

What is the News?

The Government of India will be introducing the Banking Laws (Amendment) Bill 2021 in the upcoming winter session.

The Bill seeks to amend the Banking Companies (Acquisition and Transfer of Undertakings) Acts, 1970 and 1980 and incidental amendments to Banking Regulation Act,1949.

What are the key provisions of the Banking Laws (Amendment) Bill 2021?

Firstly, Government Shareholding in PSBs: provides for reducing the government’s minimum shareholding in Public Sector Banks (PSBs) to 26%.

Note: At present, the government has to hold 51% in PSBs at all times according to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970.

Benefits of Reduced Government Shareholding in PSBs: This will enable institutional and public investment in PSBs in turn helping the exchequer with better receipts. This would also help in privatisation and meeting the disinvestment targets, besides reducing lenders’ dependence on the government for capital infusion.

Secondly, Scheme for privatisation of PSBs: The Bill would empower the government to make a scheme for privatisation of PSBs in consultation with the Reserve Bank of India (RBI).

Thirdly, Auditors of PSBs: The bill seeks to replace provisions of the Companies Act, 1956, with the Companies Act, 2013 for conditions for auditors of PSBs, among others.

Fourthly, Disqualification of directors: The Bill will have provisions regarding the disqualification of directors. It will include terms and conditions for service of the chairman, whole-time directors and board of directors.

Fifthly, Remuneration of Directors: The bill will insert clauses to determine the remuneration and compensation for whole-time directors and officers carrying out material risk-taking and control functions of new privatised banks.

Lastly, Protection of Officers: To protect the decision-making of bank executives, a new provision will also be included in the law to protect them for action taken in good faith.

Source: This post is based on the article “Centre may continue to hold at least 26% stake in public sector banks” published in The Hindu on 25th Nov 2021.

What is the News?

The Prime Minister has announced that the three contentious farm laws would be repealed. The process of repealing the laws will take place in the upcoming Winter Session of Parliament.

What do you mean by Repealing the Law?

Repealing a law is one of the ways to nullify a law. A law is reversed when Parliament thinks there is no longer a need for the law to exist. 

Legislation can also have a “sunset” clause, a particular date after which they cease to exist. For example, the anti-terror legislation Terrorist and Disruptive Activities (Prevention) Act 1987, commonly known as TADA, had a sunset clause, and was allowed to lapse in 1995.

For laws that do not have a sunset clause, Parliament has to pass another legislation to repeal the law.

How can the Government repeal a law?

Article 245 of the Constitution gives Parliament the power to make laws for the whole or any part of India, and state legislatures the power to make laws for the state. Parliament draws its power to repeal a law from the same provision.

What is the process for repealing a law?

Laws can be repealed in two ways — either through an ordinance or through legislation.

Ordinance: In case an ordinance is used, it would need to be replaced by a law passed by Parliament within six months. If the ordinance lapses because it is not approved by Parliament, the repealed law can be revived.

Legislation: The government can also bring legislation to repeal the farm laws. It will have to be passed by both Houses of Parliament, and receive the President’s assent before it comes into effect. Usually, Bills titled Repealing and Amendment are introduced for this purpose.

Source: This post is based on the article “Explained: The process for repealing a law” published by Indian Express on 19th Nov 2021.

What is the News?

The Government of India has brought two ordinances to extend the tenure of Enforcement Directorate (ED) and Central Bureau of Investigation(CBI) directors up to 5 years.

Note: Currently, the tenure of chiefs of ED and CBI is two years. While they can not be removed (with some exceptions) before their tenure ends, an extension can be given by the government.

Which are the acts amended to bring in the ordinances?

The change in tenure of the CBI Director was done by amending the Delhi Special Police Establishment Act, 1946.

On the other hand, the changes to the tenure of the ED Director was brought in by amending the Central Vigilance Commission Act, 2003.

What are the key provisions of the ordinances?

The CBI or ED director can be appointed first for a period of two years. But if needed, the tenure can be extended for three more years. This will require three separate annual extensions.

However, no extension can be granted to an ED or CBI chief after a period of five years.

Source: This post is based on the following articles: 

• “CBI, ED chiefs can now have five-year terms” published in The Hindu on 15th November 2021.
• “Centre brings Ordinances to extend tenure of ED, CBI directors up to 5 years” published in Indian Express on 15th November 2021.

What is the News?

The Ministry of Power has proposed amendments to the Energy Conservation Act, 2001 with an aim to achieve higher levels of penetration of Renewable energy. 

What are the amendments proposed to the Energy Conservation Act, 2001?

Define the minimum share of renewable energy in the overall consumption by the industrial units or any establishment.

Provision to incentivise efforts on using clean energy sources by means of a carbon saving certificate.

To strengthen the institutions originally envisaged under the Act

To expand the scope of the Act to include larger Residential buildings with an aim to promote Sustainable Habitat.

What is the significance of these proposed amendments?

India has committed to an ambitious Nationally Determined Contributions (NDCs) of reducing emission intensity by 33-35% in 2030 against the levels of 2005. 

India also aims to achieve more than 40% cumulative electric power installed capacity from non-fossil fuel energy resources by 2030.

To achieve these goals, the proposed amendments would help by facilitating the development of the carbon market in India, increasing private sector involvement in climate actions and promoting green Hydrogen as an alternative to the existing fossil fuels.

Source: This post is based on the article “To Promote Clean Energy Consumption, Power Ministry proposes Amendment to Energy Conservation Act, 2001” published in PIB on 31st October 2021.

What is the News?

The Centre has proposed amendments to a Registration of Births and Deaths Act (RBD),1969 that will enable it to “maintain the database of registered birth and deaths at the national level”.

What are the amendments proposed by the Centre?

Presently, the registration of births and deaths is done by the local registrar appointed by States.

But the Centre has now proposed to insert Section 3A in the Registration of Births and Deaths Act (RBD), 1969.

As per this amendment, the Chief Registrar (appointed by the States) would maintain a unified database of births and deaths at the State level and integrate it with the data at the “national level” maintained by the Registrar General of India(RGI). This will imply that the Centre will be a parallel repository of data.

The database can then be used by the Registrar General with the approval of the Central government to update the 

• Population Register prepared under the Citizenship Act, 1955; 
• Electoral registers or electoral rolls prepared under the Representation of the People Act, 1951; 
• Aadhaar database prepared under the Aadhaar Act, 2016; 
• Ration card database prepared under the National Food Security Act, 2013; 
• Passport database prepared under the Passport Act and 
• Other databases at the national level subject.

What is the significance of this amendment?

If the amendments are implemented, the Centre could use the data to update the National Population Register (NPR), first prepared in 2010 and revised through door-to-door enumeration in 2015. 

Note: As per Citizenship Rules, 2003, NPR is the first step towards the creation of the National Register of Citizens (NRC).

About the other amendments proposed?

Another proposed amendment is the appointment of “Special Sub-Registrars, in the event of a disaster, with any or all of his powers and duties for the on-spot registration of deaths and issuance of extract thereof as may be prescribed”.

Source: This post is based on the article “Centre wants to keep birth, death database” published in PIB on 25th October 2021.

Source: The Hindu

What is the News?

The draft Arunachal Pradesh Marriage and Inheritance of Property Bill, 2021 has met with strong opposition in the State.

About Draft Arunachal Pradesh Marriage and Inheritance of Property Bill, 2021:

1. The bill focuses on the provisions related to the legal status of marriage, the procedure of marriage registration, property right of the wife, widow’s rights, treating polygamy as an offence. 
2. The two significant contributions of the bill is with respect to the criminalization of polygamy (prospectively means second marriage held before the law comes into force will not be affected) and the property right of the legally wedded wife and widow. 

Why is the bill being opposed?

1. One of the clauses of the bill deals with the ‘Right of an APST (Arunachal Pradesh Scheduled Tribe) woman married to non-APST on immovable property owned and acquired by her’.
2. The clause states that an APST woman shall enjoy the right of any immovable property owned and acquired by her in her lifetime. 
3. In the event of her death, her husband and her heir would have full rights of its disposal and alienation to any indigenous tribe of Arunachal Pradesh.
4. This provision is seen as an invitation to outsiders to take over tribal land through marriage. Further, this provision is also considered against the customary practice.
5. Hence, due to this, the draft Bill is termed as “anti-tribal”, “anti-Arunachal”.

What do the organizations want now?

1. The Student Organizations has said that they will not allow the Bill to be passed in the State Assembly unless a tribal woman who marries anyone belonging to non-Arunachal Pradesh Scheduled Tribe (non-APST) is stripped of her ST status and benefits.

Source: Indian Express, The Hindu and PIB

What is the News?

The Ministry of Environment, Forests and Climate Change has notified the Plastic Waste Management Amendment Rules, 2021. 

Main Purpose of the Rules:

1. The rules aim to prohibit the use of specific single-use plastic items which have “low utility and high littering potential” by 2022.

Key Provisions of the Rules:

Range of Plastics Banned:

1. The manufacture, import, stocking, distribution, sale and use of the following single-use plastic commodities shall be prohibited with effect from the 1st July, 2022:
   • Earbuds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene [Thermocol] for decoration; 
   • Plates, cups, glasses, cutlery, wrapping or packaging films around sweet boxes, invitation cards,  and cigarette packets, plastic or PVC banners less than 100 micron, stirrers.

The thickness of Plastic bags:

1. The permitted thickness of the plastic bags, currently 50 microns, will be increased to 75 microns from 30th September 2021, and to 120 microns from 31st December 2022.
2. This is because plastic bags with higher thickness are more easily handled as waste and have higher recyclability.

Plastic Wastes not banned:

1. Compostable Plastics: The ban will not apply to commodities made of compostable plastic.
   • Instead of using plastic made from petrochemicals and fossil fuels, compostable plastics are derived from renewable materials like corn, potato, and tapioca starches, cellulose, etc. These plastics are non-toxic and decompose back into carbon dioxide, water, and biomass when composted.
2. Plastic Packaging waste which is not covered under the phase-out of identified single-use plastic items should be collected and managed in an environmentally sustainable way through the Extended Producer Responsibility as per Plastic Waste Management Rules, 2016.
   • Extended Producer Responsibility is a policy approach in which producers take responsibility for the management of the disposal of products they produce once those products are designated as no longer useful by consumers.

Other Plastic Commodities:

1. For banning other plastic commodities in the future, other than those that have been listed in this notification, the government has given the industry ten years from the date of notification for compliance.

Implementation of Rules:

1. The Central Pollution Control Board, along with state pollution bodies, will monitor the ban, identify violations, and impose penalties already prescribed under the Environmental Protection Act, 1986.

Terms to know:

• Central Pollution Control Board

Source: Indian Express

What is the News?

Lok Sabha has unanimously passed the Constitution (127th Amendment) Bill, 2021.

About Constitution (127th Amendment) Bill, 2021:

Main Purpose of the Bill:

• The Bill amends the Constitution to allow states and union territories to prepare their own list of socially and educationally backward classes. 

Key Provisions of the Bill:

List of socially and educationally backward classes: 

• The National Commission for Backward Classes(NCBC) was established under the National Commission for Backward Classes Act, 1993.  
• The Constitution (One Hundred and Second Amendment) Act, 2018 gave constitutional status to the NCBC, and empowered the President to notify the list of socially and educationally backward classes for any state or union territory for all purposes. 
• The 2021 Bill amends this to provide that the President may notify the list of socially and educationally backward classes only for purposes of the central government. This central list will be prepared and maintained by the central government.  
• Further, the Bill enables states and union territories to prepare their own list of socially and educationally backward classes.  This list must be made by law and may differ from the central list.

Consultation with the NCBC:

• Article 338B of the Constitution mandates the central and state governments to consult the NCBC on all major policy matters affecting the socially and educationally backward classes.  
• The Bill exempts states and union territories from this requirement for matters related to the preparation of their list of socially and educationally backward classes.

Source: The Hindu

What is the News?

Lok Sabha has passed the Commission for Air Quality Management in National Capital Region and Adjoining Areas Bill, 2021.

About Commission for Air Quality Management in National Capital Region and Adjoining Areas Bill, 2021:

• The Bill provides for the constitution of a Commission for better coordination, research, identification, and resolution of problems related to air quality in the National Capital Region (NCR) and adjoining areas.
  • Adjoining areas have been defined as areas in states of Haryana, Punjab, Rajasthan, and Uttar Pradesh adjoining the NCR where any source of pollution may cause an adverse impact on air quality in the NCR.
• The bill also dissolves the Environment Pollution Prevention and Control Authority established in the NCR in 1998.

Key Features of the Bill:

Functions of the Commission: 

• Planning and executing plans to prevent and control air pollution in the NCR
• Providing a framework for identification of air pollutants,
• Conducting research and development through networking with technical institutions among others.

Powers of the Commission:

• Restricting activities influencing air quality
• Investigating and conducting research related to environmental pollution impacting air quality
• Preparing codes and guidelines to prevent and control air pollution and
• Issuing directions on matters including inspections, or regulations which will be binding on the concerned person or authorities among others.

Note: In case of any conflict, the orders or directions of the Commission will prevail over the orders of the respective state governments, the Central Pollution Control Board (CPCB), state PCBs, and state-level statutory bodies.

Composition:

• The Commission will consist of a Chairperson and others members. The Chairperson and members of the Commission will have a tenure of three years or till the age of seventy years, whichever is earlier.
• It will also include ex-officio members from the central government and concerned state governments and technical members from CPCB, the Indian Space Research Organisation and NITI Aayog.

Penalties:

• Contravention of provisions of the orders and directions of the Commission will be punishable with imprisonment of up to five years, or a fine of up to one crore rupees, or both.
• All appeals against the Commission’s orders will be heard by the National Green Tribunal.

Source: PIB

What is the News?

Parliament has passed the Airports Economic Regulatory Authority of India (Amendment) Bill, 2021.

Purpose of the Bill:

• The bill seeks to amend the Airports Economic Regulatory Authority of India Act, 2008.
• The 2008 Act established the Airport Economic Regulatory Authority (AERA).
  • AERA regulates tariffs and other charges (such as airport development fees) for aeronautical services rendered at major airports in India.

Click here to read the Key Features Airports Economic Regulatory Authority of India (Amendment) Bill, 2021

Source: The Hindu

What is the News?

The Government of India has introduced the General Insurance Business (Nationalisation) Amendment Bill, 2021.

Purpose of the Bill:

• The Bill introduces amendments to the General Insurance Business (Nationalisation) Act, 1972 to enable the privatisation of public sector insurance companies.

Key Features of the Bill:

• Reduces Shareholding Limit: The Bill removes a clause that requires the Centre to hold at least 51% shares in the public sector insurance companies.
  • Currently, there are four public sector general insurance companies — National Insurance Company Limited, New India Assurance Company Limited, Oriental Insurance Company Limited, and United India Insurance Company Limited.
• Applicability of the Act: The bill includes a new section that states that the applicability of the Act ceases from the date the central government relinquishes control over an insurer.
• Liability of Director: The Bill makes the director of an insurer who is not a whole-time director liable for any acts of omission or commission committed with his knowledge and consent.

Significance of the Bill:

• The Bill will allow private participation in public sector insurance companies with the government reducing its shareholding.
• Moreover, the bill has tightened the noose around directors (other than whole-time directors).

Source: Livemint

Introduced: Rajya Sabha (12th July 2019)

Passed: Rajya Sabha (16th July 2019)

Passed: Lok Sabha (2nd August 2019)

Present status: Received assent of the President on 6th August 2019

The Airports Economic Regulatory Authority of India (Amendment) Bill, 2021.

Purpose of the Bill:

• The Bill seeks to amend the Airports Economic Regulatory Authority of India Act, 2008.
• The 2008 Act established the Airport Economic Regulatory Authority (AERA).
  • AERA regulates tariffs and other charges (such as airport development fees) for aeronautical services rendered at major airports in India.

Key provisions of the Bill:

 1. Definition of Major Airports:

1. The 2008 Act designates an airport as a major airport if it has an annual passenger traffic of at least 35 lakh.
2. The central government may also designate any airport as a major airport by a notification.
3. The Bill adds that the central government may group airports and notify the group as a major airport.

2. Tariff:

1. The amendment will allow AERA to regulate tariff and other charges for aeronautical services for not just major airports with annual passenger traffic of more than 35 lakh, but also a group of airports

3. Clubbing of Airports:

• The bill will allow the government to club profitable and non-profitable airports as a combination/package to bidders to make it a viable combination for investment under PPP (Public-Private Partnership) mode.

Benefits of the Amendment:

• The Bill will pave the way for the privatization of a small, loss-making airport by clubbing it with a larger airport.
  • The government has already decided to privatize airports at Amritsar, Varanasi, Bhubaneshwar, Indore, Raipur, and Tiruchirapalli. But it is yet to finalize smaller airports that can be paired with them for disinvestment.
• Moreover, the bill will also help in expanding the air connectivity to relatively remote areas and as a result, expediting the UDAN regional connectivity scheme.

Source: The Hindu

What is the News?

The Supreme Court has expressed shock at the practice of police registering FIRs under Section 66A of the Information Technology Act. The act was struck down by the SC in the 2015 judgment in the Shreya Singhal case.

What is the issue?

• A petition has been filed in the Supreme Court by the People’s Union for Civil Liberties (PUCL). The petition seeks various directions and guidelines against the FIRs under the struck-down provision of Section 66A.
• The plea has stated that as many as a total of 745 cases are still pending and active before the District Courts in 11 States under 66A of the IT Act.
• Moreover, Section 66A has continued to be in use not only within police stations but also in cases before trial courts across India.

What has the Supreme Court said?

• The Supreme Court has termed the continued use of Section 66A of the Information Technology Act, 2000 as a shocking state of affairs and sought a response from the Centre.

About Section 66A:

• Section 66A defines the punishment for sending “offensive” messages through a computer or any other communication device like a mobile phone or a tablet.
• A conviction can fetch a maximum of three years in jail and a fine.

What were the issues with the Act?

• The vagueness about what is “offensive”. The word has a very wide connotation and is open to distinctive, varied interpretations.
• Hence, it was subjective and what may be fine for one person, may lead to a complaint from someone else. Consequently, an arrest under Section 66A if the police prima facie accepts the latter person’s view.

Terms to know 

•  Shreya SInghal vs UOI

About Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021

• Objectives:
  • To prevent and counter trafficking in persons, especially women and children.
  • To provide for care, protection, and rehabilitation to the victims, while respecting their rights
  • To create a supportive legal, economic and social environment for the victims
  • To ensure prosecution of offenders
• The bill has increased the scope of the nature of offenses of trafficking as well as the kind of victims of these offenses with stringent penalties.
• Ministry: Women and Child Development (WCD)
• A previous draft of the bill (The Trafficking of Persons Bill 2018) was passed in the Lok Sabha in 2018 but was never introduced in the Rajya Sabha.

Key Provisions of the Bill:

• Definition: The bill defines exploitation to include the exploitation of the person for prostitution or other forms. Which includes pornography, forced labour, forced removal of organs or illegal clinical drug trials.
• Includes Transgender: The bill extends beyond the protection of women and children as victims. It now includes transgenders as well as any person who may be a victim of trafficking.
• Victim Definition: The bill does away with the provision that a victim necessarily needs to be transported from one place to another to be defined as a victim of trafficking.
• Application: The law will apply to all citizens of India, within and outside the country, persons on any ship or aircraft registered in India wherever it may be or carrying Indian citizens wherever they may be, and a foreign national or a stateless person who has residence in India. It also says the law shall apply to every offence of trafficking in persons with cross-border implications.
• Punishment: The Punishment will be for a minimum of seven years period, which can go up to an imprisonment of 10 years and a fine of Rs 5 lakh. However, in cases of the trafficking of more than one child, the penalty is life imprisonment. In certain cases, even the death penalty can be sought.
  • More severe penalties in case of aggravated offences, like death of a victim.
• Nodal Investigative Agency: National Investigation Agency (NIA) shall act as the national investigating and coordinating agency responsible for prevention and combating of trafficking in persons.
• National Anti Trafficking Committee: Once the bill becomes an Act, the central government will notify and set up a National Anti Trafficking Committee, while state governments will set up these committees at state and district levels to ensure effective implementation.
• Jurisdiction: The bill will extend to all citizens inside as well as outside India. It will also be applied to every offence of trafficking in persons with cross-border implications.
• Seizing of Property: Property bought via trafficking as well as used for trafficking can now be forfeited, similar to that of the money laundering Act.
• Expands coverage: The scope of the Bill vis a vis offenders will now also include defence personnel and government servants, doctors and paramedical staff or anyone in a position of authority. Penalty for the guilty will include life imprisonment along with a fine of Rs 30 lakh.

Source: TOI

What is the news?

The Indore bench of the Madhya Pradesh High Court has observed that the present law (Juvenile Justice Act) dealing with children aged below 16 in heinous-crime cases as juvenile offenders is “totally inadequate and ill equipped”.

Background

Court made the observations on June 25 while dismissing a criminal revision petition regarding bail sought by a 15-year-old boy accused of raping a 10-year-old girl.

• The boy’s bail plea was denied by the Juvenile Justice Board on February 2. He appealed in the sessions court, which upheld the Juvenile Justice Board’s decision on March 2, after which the boy’s counsel filed a criminal revision petition in the HC.

What did the court say?

Court made some scathing observations regarding juvenile justice act and the role of the legislature.

• It remarked that no lessons had been learned from the Nirbhaya case “as the age of a child is still kept below 16 years in heinous offences under Section 15 of the JJ Act. This gives a free hand to delinquents under the age of 16 to commit heinous offences”. It wondered “how many such sacrifices would be needed”. Thus, apparently, despite committing a heinous offence, the petitioner (15-year-old boy in this case) will be tried as a juvenile only because he is less than 16 years old.
• Also, the present law is present law dealing with children aged below 16 in heinous-crime cases as juvenile offenders is “totally inadequate and ill equipped”.

Source: Indian Express

 What is the News?

The Film Fraternity has written a letter to the Ministry of Information and Broadcasting(I&B) to withdraw the Draft Cinematograph (Amendment) Bill, 2021.

About the Draft Cinematograph (Amendment) Bill 2021.

• The Draft Cinematograph (Amendment) Bill 2021 makes an amendment to the Cinematograph Act,1952.
• The bill gives the union government the power to ask for recertification of an already certified film if there is any complaint against it.
• It also penalizes piracy and introduces age-based certification.

What are the concerns and suggestions raised by Film Fraternity against the Bill?

• Role of CBFC: The Bill must clearly define the role of the Central Board of Film Certification(CBFC) as a body that certifies film content for public exhibition, and not as a censoring body.
• Drop Central Government Powers on Film Certification: The amendment giving powers to the Central Government to revoke a film certificate must be dropped.
• On Penalising Film Piracy: The existing law already penalizes piracy. Hence, there is no need to introduce further penal provisions. The bill should bring sufficient exceptions on fair use. The offense of piracy must also be made non-cognizable and bailable.
• Age-Based Certification: The film fraternity has welcomed the age-based certification. But they have also asked for a guidance or grievance cell within the CBFC to address and arbitrate any public grievances or complaints about films.
• Reinstate FCAT: The Film Fraternity has urged the government to reinstate the Film Certification Appellate Tribunal (FCAT). It was abolished in April.
• Clear Definition of Public Exhibition: The Cinematograph Act must be amended to include a clear definition of ‘public’ exhibition and bring under its purview only commercial films.

About Indian Vessels Act, 2021:

• Indian Vessels bill, 2021 seeks to replace the Inland Vessels Act, 1917. The bill aims to regulate the safety, security and registration of inland vessels.

Key Features of the Indian Vessels Act, 2021:

•  Unified Law:
  • The Bill provides for a unified law for the entire country, instead of separate rules framed by the States.
  • This means that the certificate of registration granted under the proposed law will be deemed to be valid in all States and Union Territories.
  • Moreover, there will also be no need to seek separate permissions from the States.
• Central Database of Vessels:
  • The Bill provides for a central database for recording the details of the vessel, vessel registration, crew on an electronic portal. The Bill defines such vessels to include ships, boats, sailing vessels, container vessels, and ferries.
• Mandatory registration of Vessels:
  • The bill requires all mechanically propelled vessels to be mandatorily registered.
  • On the other hand, all non-mechanically propelled vessels will also have to be enrolled at the district, taluk or panchayat or village level.
•  Prevention of pollution:
  • Vessels will discharge or dispose sewage, as per the standards specified by the central government. State governments will grant vessels a certificate of prevention of pollution, in a form as prescribed by the central government.

About Inland Waterways:

• India has about 14,500 km of navigable waterways which comprises rivers, canals, backwaters, creeks among others.
• About 55 million tonnes of cargo are being moved annually by Inland Water Transport (IWT), in a fuel-efficient and environment-friendly mode.

About Inland Waterways Authority of India (IWAI):

• Inland Waterways Authority of India (IWAI) was constituted in 1986 for the development and regulation of inland waterways for shipping and navigation.
• Purpose: The Authority primarily undertakes projects for the development and maintenance of IWT infrastructure on national waterways. IWAI did this through the grants received from the Ministry of Shipping.

Introduction

The Union Cabinet chaired by the Prime Minister has approved the Model Tenancy Act and circulated it to all States/Union Territories. The Ministry of Housing and Urban Affairs had earlier released the draft guidelines in July 2019. The Act aims to bridge the trust deficit between tenants and landlords by clearly delineating their obligations. It aims to create a vibrant, sustainable, and inclusive rental housing market in the country.

However, the success of the act depends upon the ground level realisation of the notified provisions. Further, it is not binding on states as Land is a state subject under List 2 of the Seventh Schedule. Therefore, optimum benefits would be generated only when states adopt the act in letter and spirit. 

Salient features of the Model Tenancy Act

• Mandatory Rent Agreement: The act makes it mandatory to create a written lawful rent agreement between the owner and tenant. 
• Rent Authority: The Act requires establishing rent authorities in every district to regulate renting of premises. 
  • Both the landlord and tenant will have to submit a copy of the rent agreement to the district Rent Authority. 
  • The proposed authority will also provide a speedy adjudication mechanism for the resolution of disputes.
• Tribunal and Courts: It calls for creating dedicated tribunals and courts for dealing with tenancy related disputes. 
• Security Deposit: The act puts a cap on the amount of security deposit. It will be a maximum of two months of rent in case of residential premises and six months in case of non-residential premises.
• Subletting: The act bars tenants from subletting the property in part or whole.
• Vacating Rental Premises: It says that if a landlord has fulfilled all the conditions stated in the rent agreement, then the tenant has to vacate the premises. 
  • If the tenant fails to vacate the premises, then the landlord is entitled to double the monthly rent for the first two months and four times after that.
• Increase in Rent: The rent can be revised according to the terms and conditions mentioned in the agreement. If there is no such agreement, the landowner will have to give a 3 months notice to the tenant before revising the rent.
• Coverage: The Act will apply to premises rented for residential, commercial, or educational use but not for industrial use. It also won’t cover hotels, lodging, etc. This model law will be applied prospectively and will not affect existing tenancies.

Need of the Model Tenancy Act

1. Obsolete Laws: The current tenancy regime is governed by the decades-old Rent Control Act, 1948 and its varied versions adopted by the state governments. 
   • These obsolete laws are more biased towards the tenant and were made with the sole intention of preventing exploitation of tenants by landlords.
   • Further, many of the old laws have not amended in over two decades, ensuring that the rent ceiling remains capped at the levels prevalent in the late 90s.
2. Institutionalise the Rental Market: Currently, the rental market is largely informal in nature. The rents are raised anytime, summary eviction of tenants is quite common. Sometimes the malicious tenants are seen illegally occupying the rented property. All this would be curtailed by the enactment of the new act as it forbids verbal rental agreements. 
3. Better Grievance Redressal: The establishment of a rent authority in every district and provision for rent courts/tribunals will enable quick and efficient settlement of disputes. The current process of dispute settlement through traditional courts is very long and expensive.
4. Encourage Renting:  As per Census 2011, nearly 1.1 crore houses were lying vacant in urban areas across the country. The act gives sufficient rights to landowners, which may encourage greater renting and reduce homelessness.
   • Further, the act will encourage the private sector to develop housing projects for rent purposes.
   • In India, the rental yield for residential property is quite low, even in bigger cities. It is in the range of 1.5% to 3% of the capital values due to obsolete laws.
5. Preventing Unnecessary Financial Burden: The act places a cap of two months on the security deposit. This reduces financial strain on tenants and encourages more renting.
   • Currently, the security deposit in Mumbai and Bengaluru can reach 6-8 times the monthly rent.
6. Respecting the privacy of the Tenant: The landlords in India have a habit of entering the rented property as per their will. It violates the tenant’s Right to Privacy under Article 21 of the Indian Constitution. But now a notice of 24 hours needs to be given before entering. 
7. Minimise creation of Unauthorised Colonies: As renting would be made safer and easier, therefore people would be disincentivized to live in slums and unauthorised colonies.

Challenges with the Model Tenancy Act

1. Non-Binding nature: Land and Urban Development is a state subject. The states may or may not adopt the proposed law, as done by them in the case of Real Estate (Regulation and Development) Act.
2. Prospective effect: The new model act would have a prospective effect. This means it would be applicable to future disputes only, hence past disputes would continue to linger on for years.
3. Inadequate Security Cover: Security Cap for two months may not be enough to cover damages, especially during the last month when tenants adjust their rent in the security deposit.
4. Lacunae in the formation of the Act: The act fails to properly define the term ‘habitation’. Further, it fails to mention the penalty if the owner delays in paying back the security deposit. Also, it is altogether silent on sudden leave and license arrangements.

Suggestions

1. States must immediately adopt the Model Tenancy act as per their peculiar needs. However, they should refrain from diluting the true spirit of the act like the West Bengal did it with WB HIRA. 
2. Further, they can allow retrospective application of the act for some specific set of cases in order to expedite the grievance redressal process.
3. States will have to invest time and resources to set up rent authorities, rent tribunals and rent courts for effective implementation of the Model Tenancy Act.

Conclusion

The government has laid a good framework that balances the social welfare of tenants and the economic interests of landlords. The states now just need to adopt the Model Tenancy Act as per their peculiar requirements. This will help them in releasing the dream of Housing for All by 2022.

Aim of the Act:

• To create a vibrant, sustainable, and inclusive rental housing market in the country.
• It will address the issue of homelessness by creating adequate rental housing stock for all the income groups. It aims towards the goal of housing for all by 2022.
• Lastly, it will institutionalize rental housing by gradually shifting it towards the formal market.

Coverage:

• The Act will apply to premises rented for residential, commercial, or educational use but not for industrial use. It also won’t cover hotels, lodging, etc.
• This model law will be applied prospectively and will not affect existing tenancies.

Key Features of the Model Tenancy Act:

Tenancy agreement:

• The Model Act states that to rent any premises, a written agreement must be signed between the landlord and the tenant. The agreement must specify:
  • the rent payable
  • the time period for the tenancy
  • terms and period for revision of rent
  • the security deposit to be paid in advance
  • reasonable causes for entry of landlord into the premises, and
  • responsibilities to maintain premises.

Rent Authority:

• The Act requires establishing rent authorities in every district to regulate renting of premises. Authority will protect the interests of landlords and tenants.
• The proposed authority will also provide a speedy adjudication mechanism for the resolution of disputes.

Security Deposit:

• The act puts a cap on the amount of security deposit. It will be a maximum of two months of rent in case of residential premises and six months in case of non-residential premises.
• Currently, this amount differs from one city to another. For instance, in Delhi, the deposit is usually two-three times the monthly rent, but in Mumbai and Bengaluru, it can be over six times the monthly rent.

Increase in Rent:

• The rent can be revised according to the terms and conditions mentioned in the agreement.
• If there is no such agreement, the landowner will have to give a notice in writing to the tenant, three months before the due date of revised rent.

Vacating Rental Premises:

• The act has provided a mechanism for vacating the premises. It says that if a landlord has fulfilled all the conditions stated in the rent agreement – giving notice, etc., then the tenant has to vacate the premises.
• If the tenant fails to vacate the premises on the expiration of the period of tenancy or termination of tenancy, then the landlord is entitled to double the monthly rent for two months and four times after that.

Entering of Rental Premises:

• Every landlord or the property manager may enter the rented premises in certain conditions. Like he/she needs to serve a notice, in writing or through electronic mode, to the tenant at least twenty-four hours before the time of entry.

Sub-letting:

• Under the Model Act, sub-letting is prohibited unless allowed through a supplementary agreement.

Note: Model acts are not binding on states. They merely suggest provisions that either can be accepted as it is by states or with modification. States may also completely ignore these acts. Furthermore, Land is a state subject and only states can legislate to regulate the housing market.

Introduction

The second wave of Pandemic has struck the country very hard. There has been an enormous rise in Covid-19 cases reaching around 4 lakh/day. This necessitates active participation from all the stakeholders including NGOs. However, NGOs are not able to contribute much due to the stringent conditions imposed on them by the Foreign Contribution Regulation (Amendment) Act 2020 and Foreign Contribution Regulation (Amendment) Rules 2020.

There are a lot of donors who are willing to send money/Covid-19 related equipment like ventilators, oxygen cylinders, etc. via NGOs and hospitals. However, the new rules are acting as a big hurdle to them. Christian Educational Society (NGO) has even filed a petition in the High court. It has demanded relaxation against the mandatory opening of an FCRA account at SBI, New Delhi branch. In this article, we will focus on the concerning rules and provide some suggestions for improving the present situation.

Foreign Contribution Regulation (Amendment), Act 2020:

• Transfer of foreign contribution: Under the Act, foreign contribution cannot be transferred to any other person unless such person is also registered for that purpose.
  • The amendment also forbids sub-granting by NGOs to smaller NGOs who work at the grassroots.
• FCRA account: The act states that foreign contributions must be received only in an FCRA account opened in the State Bank of India, New Delhi Branch. No funds other than the foreign contribution should be received or deposited in this account.
• Regulation: The Act states that a person may accept foreign contributions if 
  • They have obtained a certificate of registration from the central government or 
  • They have taken prior permission from the government to accept foreign contributions. 
• Aadhar usage: The act makes it compulsory for all trustees to register their Aadhaar card with the FCRA account.
  • The Act also makes Aadhaar a mandatory identification document. It is for all the office bearers, directors, and other key functionaries of an NGO.
• Restriction in utilisation of foreign contribution: The act gives government powers to stop utilization of foreign funds by an organization through a “summary enquiry”.
• Reduction in use of foreign contribution for administrative purposes: The act decreases administrative expenses through foreign funds by an organization to 20% from 50% earlier.
  • Administrative expenses include salary, office rental, furnishing, stationery, communication, and transport.
• Surrender of certificate: The act allows the central government to permit a person to surrender their registration certificate.

 Foreign Contribution Regulation (Amendment) Rules 2020:

• New rules require any organization that wants to register itself under the FCRA to have existed for at least three years. Further, it should have spent a minimum of Rs. 15 lakh on its core activities during the last three financial years for the benefit of society.
• Office bearers of the NGOs seeking registration under the Foreign Contribution (Regulation) Act must submit a specific commitment letter from the donor. It should indicate the amount of foreign contribution and the purpose for which it is proposed to be given.
• Any NGO or person making an application for obtaining prior permission to receive foreign funds shall have an FCRA Account.

Current Scenario:

• Christian Educational Society (NGO) has filed a plea in Delhi High Court. 
• It demands an extension of 6 months for the opening of an FCRA account with State Bank of India, New Delhi Branch. 
• Further, it desires to set aside the restriction on receiving foreign contributions in existing FCRA accounts for 6 months from 1 April 2021.
• Both the requests are made aimed to smoothen its economic, educational, and social activities.
• Similarly, on May 3, the government permitted imports without GST levies for pandemic relief material donated from abroad for free distribution in the country. However, no FCRA exemption was granted for this purpose. 

Issues in implementing the amended rules during the pandemic:

1. First, there are considerable administrative delays in the functioning of banks and ministries. 
   • For instance, the Christian Educational Society (NGO) had applied to open the account at the SBI Delhi branch before the March 31 deadline. However, the administrative delays prevented the opening. It, later on, filed a petition for a 6-month relaxation.
   • Similarly, in some cases, the Ministry failed to authorize a form sent by the SBI. It, thereby, prevented the eligible NGOs from receiving foreign funds.
2. Second, NGOs are also facing severe inconvenience in submitting the necessary papers and personal documents of trustees and other members. This inconvenience is created as members live at different locations and various regions are under a lockdown.
   • Due to this, NGOs are not able to receive foreign contribution in their existing non-SBI FCRA account nor are they able to open a primary FCRA account with SBI to receive foreign contribution.
3. Third, the government has adopted a suspicious stance towards NGOs. They perceive them to be rule breakers by default and take strict action against them. This has resulted in the cancellation of FCRA registration of around 16500 NGOs since 2014.
4. Fourth, the new rules pay disregard to the successful NGO partnership model across the world. Under this, the focus is placed on establishing a synergy between urban and hinterland regions. 
   • Urban professionals are better trained to raise funds, lobby with the government for policy changes, grants, etc. On the other hand, field workers are better acquainted with ground conditions, people, and their culture and issues at the local level. 

Impact of stricter rules:

1. Firstly, the NGOs are spending more time doing paperwork than on the ground. This has reduced the ambit of development works carried on by them.
   • Covid 19 relief work, Community work involving awareness building, legal and constitutional literacy, participatory research, etc. have been hit by the new rules.
2. Secondly, Indian entities (including hospitals and charitable trusts) can’t receive COVID-19 relief material from foreign donors. Unless they are registered under the Foreign Contribution Regulation Act (FCRA) with a stated objective involving the provision of medical care.
   • This has jeopardized some large donors’ plans to buy equipment like oxygen plants and concentrators for Indian hospitals and smaller charities.
3. Thirdly, the new rules have enhanced compliance formalities which have made it very difficult to run an NGO. This has resulted in the closure of many NGOs and the livelihood loss of people working in them.
   • For instance, the capping of administrative expenditure at 20% has made them unviable. This is especially true for NGOs hiring professionals like lawyers and doctors who charge hefty fees for their services.
4. Fourthly, the new rules have made ‘sub granting illegal. Due to this, big NGOs based in Delhi or Mumbai are not able to subgrant their foreign funds to implement programs via partner organizations in districts and villages.

Suggestions:

• The government should issue a clarification on exempting the receiver/importer of Covid related material from complying with the FCRA provisions.
• The Delhi high court should give a quick decision over the request for a 6-month extension on the 31st March 2021 deadline for opening an FCRA account at SBI, New Delhi.
• The government should adopt a liberal stance towards the NGOs. They must be allowed grace periods to file papers or other documents rather than outrightly canceling their registration for non-compliance.
• Further, the state governments should set up an NGO coordination center at the local level as recommended by National Disaster Management Authority (NDMA).

Conclusion

Civil society supplements government works and works at the grass-roots level. They should be given due freedom and autonomy to support the needs of communities and provide relief during the COVID-19 pandemic.

What is the News?

The FCRA (Foreign Contribution Regulation Amendment) Act, 2020 has affected the work of many NGOs. They are facing difficulties in receiving foreign funds.

FCRA Amendment Act, 2020:

• The amendment has made it compulsory for the NGOs to open an exclusive Bank account with the State Bank of India in New Delhi to receive foreign donations.
• The Ministry of Home Affairs had given the deadline of March 31st, 2021 to open this bank account.

What is the issue with this amendment?

• Firstly, a was petition filed in the Delhi High Court seeking exemption from the Union Home Ministry’s March 31 deadline to open an FCRA account with the SBI branch in New Delhi.
• Secondly, the petitioner argued that it had applied to open the account before the March 31 deadline.
• Thirdly, the administrative delays in approval by the bank and Ministry severely are causing many troubles for them. It restricted activities of NGOs including providing COVID-19 relief and paying urgent salaries of staff, and also affected its charitable and educational activities.
• Hence, the Delhi High Court has now issued a notice to Union Home Ministry for a reply.

 About FCRA (Foreign Contribution Regulation Act):

• Foreign Contribution (Regulation) Act is an act of Parliament enacted in 1976 and amended in 2010 to regulate foreign donations. It aimed to ensure that such contributions do not adversely affect internal security.
• Coverage: It is applicable to all associations, groups, and NGOs which intend to receive foreign donations.
• Registration: An FCRA registration is mandatory for NGOs to receive foreign funds.
• Purpose: Registered NGOs can receive foreign contributions for five purposes — social, educational, religious, economic and cultural.

Click Here to Read about FCRA

Source: The Hindu

https://forumias.com/blog/indian-polity-news/voluntary-organisations/

About GNCTD Amendment Act 2021

Objectives:

• Define the responsibilities of the elected government and the Lt. Governor (LG)
• Create a harmonious relationship between the Legislature and the Executive
• To ensure better governance in the NCT of Delhi. Further, it aims to improve the implementation of schemes and programmes meant for the common people of Delhi.

Key provisions of the Act:

• “Government” to mean “Lieutenant Governor (LG)”: The expression ‘Government’ referred to in any law to be made by the Legislative Assembly shall mean the Lieutenant Governor(LG).
• Widening of Discretionary Powers of LG: The Act gives discretionary powers to the LG. This power is extended to LG even in matters where the Legislative Assembly of Delhi is empowered to make laws.
• Proceedings of Delhi Assembly: The Act curbs the Delhi Assembly’s power to conduct its proceedings as per the rules of procedure made by it. It provides that the Rules made by the Delhi Legislative Assembly must be consistent with the Rules of Procedure and Conduct of Business of the Lok Sabha.
• Opinion of LG: The Act provides that if the LG specifies then the opinion of the LG must be obtained before taking any executive decisions of the Delhi Government.
• Administrative Activities: The Legislative Assembly cannot make rules to consider matters of the day-to-day administration. Further, the Assembly cannot conduct any probe into administrative decisions. All such rules made before the enactment of this Act will be void.
• Reserve Bills: The L-G also has to reserve bills that cover any of the matters outside the purview of the Legislative Assembly for the consideration of the President.

Source: PIB

About National Commission for Allied and Healthcare Professions [NCAHP] Bill, 2020 

Objective:

• The Bill seeks to regulate and standardize the education and practice of allied and healthcare professionals.
• Ministry: Health and Family Welfare

Allied health professionals and their role in the delivery of healthcare services-

Allied health professionals are individuals engaged in the delivery of health or related care. Their area of expertise includes therapeutic, diagnostic, curative, preventive, and rehabilitative interventions.

Role- They are the first to recognize the problems of the patients and serve as safety nets. Their awareness of patient care accountability adds tremendous value to the healthcare team in both the public and private sectors.

Key provisions of the NCAHP bill 2020

1. Definition of Allied health professional: The Bill defines an allied health professional as an associate, technician, or technologist. The professional, who is trained to support the diagnosis and treatment of any illness, disease, injury, or impairment. For example- The bill recognizes over 50 professions such as physiotherapists, optometrists, nutritionists, medical laboratory professionals, radiotherapy technology professionals.
2. Healthcare professional: A ‘healthcare professional’ includes a scientist, therapist, or any other professional who studies, advises, researches, supervises, or provides preventive, curative, rehabilitative, therapeutic, or promotional health services.  Such a professional should have obtained a degree under this Bill.  The duration of the degree should be at least 3,600 hours (over a period of three to six years).
3. The bill uses the International System of Classification of Occupations (ISCO code) to classify allied professionals.
   • This allows for greater global mobility and better prospects for such professionals.
   • It will benefit up to 8-9 lakh current allied and healthcare professionals.
4. The establishment of a central statutory body as a National Commission for Allied and Healthcare Professions. It shall perform the following functions:
   • To frame policies and standards.
   • To govern professional conduct.
   • Also, to recommend credentials.
   • Further, to establish and maintain a central registry.
5. Professional Councils: The Commission will constitute a Professional Council for every recognised category of allied and healthcare professions.  The Professional Council will consist of a president and four to 24 members, representing each profession in the recognised category.  The Commission may delegate any of its functions to this Council.
6. The Bill has the provision for state allied and healthcare councils to execute major functions through autonomous boards.
   • The state councils are in charge of implementation, while the National Commission is in charge of policy formulation.
7. Offences and penalties: No person is allowed to practice as a qualified allied and healthcare practitioner other than those enrolled in a State Register or the National Register.  Any person who contravenes this provision will be punished with a fine of Rs 50,000.

Why government’s recognition of allied healthcare professionals is a paradigm shift?

• Stressful life due to modern lifestyle, rapid urbanization
• Rising chronic non-communicable disease burden.
• An increasing proportion of elderly people.

The above issues require a change in healthcare delivery methods. Therefore, trained, allied health professionals are needed to care for patients with mental illnesses, the elderly, those in need of palliative treatment. Also, it will enable professional services for lifestyle change related to physical activity and diets.

Way forward-

• Allied healthcare professionals are an important part of the medical profession. Their contribution is equal to, if not greater than, that of doctors.
• The law would increase job opportunities for allied and healthcare professionals and also provide dignity to their valuable works.

Source- The Indian Express 

Synopsis: The Medical Termination of Pregnancy or MTP Amendment bill is a step forward in recognising the rights of women. But it is not a giant leap.

Introduction:

The 1971 Medical Termination of Pregnancy (MTP) Act aims to reduce the maternal mortality ratio due to unsafe abortions in India. The amendments made a few significant updates to the 1971 Act.

Salient provisions of The MTP Act, 1971:

1. The act allows a woman to terminate her pregnancy within the first 12 weeks of pregnancy. After consulting an RMP (registered medical practitioner) woman can terminate her pregnancy.
2. If a woman want to terminate her pregnancy between 12-20 weeks, she needs to get an opinion from 2 RMPs.
3. The Medical practitioners have to ascertain that continuance of the pregnancy would risk the life of the pregnant woman or substantial risk (Physical or mental abnormalities) to the child if it is born

Salient provisions of the MTP Amendment Bill:

1. The amendment extends the upper limit for permitting abortions from the current 20 weeks to 24 weeks. 
2. The opinion of one RMP is required for termination of pregnancy up to 20 weeks of gestation. (Between 20 weeks to 24 weeks the opinion of two RMP’s is required).
3. The Amendment also allows the termination of pregnancy beyond 24 weeks if there are foetal anomalies.
4. Formation of the medical boards in each state by State governments for this specific purpose(termination of pregnancy after 24 weeks).
5. Further, the amendment facilitates abortion of “unmarried women also“. As the amendment replaced the word ‘husband’ with the word ‘partner’. For the first time, the amendment of the MTP Act moved beyond marital relationships.

The problems in the MTP Amendment Bill:

But the MTP Amendment falls short of few important things. Such as,

1. The amendment does not address the heart of any debate on abortions. That is a woman as an agency of reproduction.
2. The key decision-maker regarding the termination of pregnancy after 24 weeks should be the woman and her gynaecologist (for deciding the health of the woman/foetus). Instead, the amendment created a Board of specialists. The board will make the woman undergo a difficult process before such an abortion. Sometimes the cases will also get decided in courts.
3.  The Amendment is not in line with the global trend. Over 60 countries allow women to abort their pregnancy at any point during their 10-month gestation.

Suggestions to improve the MTP Amendment Bill:

1. Because of a lack of development in medical technology, the 1971 Act prescribes the 12-week limit. As it is not safe for pregnant women to abort after 12-weeks.
   • But with the advancement of medical technology, it is safe to abort at any stage during their gestation. So the government has to remove the gestation limit in the Amendment.
2. Fundamental change in mindset is the need of the hour. Until women are seen as an agent of reproduction, nothing will change in reality.

So, the improvement of the MTP Amendment is not a holistic one. Instead, it is a minor update.

Source: The Hindu

What is the news? The President of India promulgates the IBC Amendment Ordinance 2021. It allows the use of Pre-Pack insolvency resolution.

About Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021:

• IBC Amendment Ordinance 2021 amends the Insolvency and Bankruptcy Code, 2016.
• The Amendment allows the use of Pre-Packaged insolvency resolution as an alternative resolution mechanism for MSMEs. The threshold limit to trigger the Pre-Packaged insolvency resolution is between Rs 10 lakh to 1 Crore.

What is Pre-Pack insolvency resolution?

• A pre-pack resolution is a form of restructuring that allows creditors and debtors to work on an informal plan and then submit it for approval.
• Under this system, financial creditors will agree to the terms of a potential investor. Further, they will seek approval of the resolution plan from the National Company Law Tribunal (NCLT).
• However, the resolution plan cannot be submitted directly to NCLT. It requires approval of a minimum of 66% of financial creditors that are unrelated to the corporate debtor before submission of a resolution plan.
• Further, NCLTs also require to consider any application for a pre-pack insolvency proceeding before considering a Corporate Insolvency Resolution Process(CIRP).
  • CIRP is the process of resolving corporate insolvency according to the provisions of the Insolvency and Bankruptcy Code, 2016.

Benefits of Pre-Packs over CIRP:

Quicker Resolution:

• One of the key criticisms of the CIRP is the time taken for resolution. At the end of December 2020, over 86% of the ongoing insolvency resolution proceedings crossed the 270-day threshold.
• In contrast, the pre-pack resolution process is limited to a maximum of 120 days. Further, only 90 days are available to the stakeholders to bring the resolution plan to the NCLT.

Management Control:

• Another key difference between pre-packs and CIRP is that the existing management retains control in the case of pre-packs. Whereas a resolution professional takes control of the debtor as a representative of financial creditors in the case of CIRP.

Source: Indian Express

Promulgated: On 4th April 2021

Ministry: Law and Justice

About the Tribunals Reforms Ordinance 2021:

Purpose of the Ordinance: 

• It dissolves at least eight existing appellate tribunals. Now, High Courts and certain other bodies will be the appellate bodies under 9 acts.
• Further, it also amends the Finance Act 2017.

Key Provisions of the Tribunals Reforms Ordinance :

1. Nine Laws: The above-mentioned nine laws where the existing appellate authorities have been replaced are:
   1. The Cinematograph Act, 1952.
   2. The Trade Marks Act, 1999.
   3. The Copyright Act, 1957.
   4. The Customs Act, 1962.
   5. The Patents Act, 1970.
   6. The Airports Authority of India Act, 1994.
   7. The Control of National Highways (Land and Traffic) Act, 2002.
   8. The Geographical Indications of Goods (Registration and Protection) Act, 1999.
   9. Protection of Plant Varieties and Farmers Rights Act,2001.
2. Amendment to Finance Act,2017:
   1. The ordinance empowers the Central Government to make rules for qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of Members of Tribunals.
   2. Search-cum-Selection Committee: It also provides that the central government will appoint the Chairperson and Members of the Tribunals on the recommendation of a Search-cum-Selection Committee.
   3. Composition: The Committee will consist of:Chief Justice of India or a Supreme Court Judge nominated by him, as the Chairperson (with casting vote),Secretaries nominated by the central government,The sitting or outgoing Chairperson, or a retired Supreme Court Judge, or a retired Chief Justice of a High Court.The Secretary of the Ministry under which the Tribunal is constituted (with no voting right).
   4. Tenure: Now, The tenure of Chairperson of a Tribunal is for a term of four years or till the age of 70, whichever is earlier. Members of a tribunal will also have a tenure of four years or until they turn 67
   5. .Abolishing of appellate bodies and transfer of functions: The Bill abolishes certain appellate bodies and transfer their functions to existing judicial bodies.

About Tribunals:

• Tribunal is a quasi-judicial institution that was set up to deal with problems such as resolving administrative or tax-related disputes.
• For this purpose, Tribunals were added to the Constitution by Constitution (Forty-second Amendment) Act, 1976 as Part XIV-A which has only two articles:
  • Article 323-A deals with Administrative Tribunals.
  • Article 323-B deals with tribunals for other matters.

Click Here to Read more about Tribunals

Source: The Hindu

Synopsis: The Right To Education Act evolved so much in the past. But there is still some arbitrariness in the RTE Act.

Introduction:

Right to Free and Compulsory Education Act or RTE Act is a horizontally enforceable Fundamental Right. That is, the Right is enforceable against the State and Individuals.

But the Right To Education Act have some arbitrary discrimination against private institutions and favours minority educational institutions.

Evolution of Right To Education as a Fundamental Right:

Earlier, Article 45 mentions the right to education as a part of the Directive Principles. It mentions that the state should provide free and compulsory education to children up to the age of 14. The provision also mentions a timeline for this achievement(within a decade).

Mohini Jain v. State of Karnataka case 1992: In this case, the Supreme Court held that the Right to education is a part of the right to life recognised in Article 21.

Unnikrishnan JP v. State of Andhra Pradesh case 1993: In this case, the Supreme Court held that the state was duty-bound to provide education to children up to the age of 14. Further, the SC also mentions that the state alone cannot fulfil the task. Private educational institutions, including minority institutions, have to assist the State in that.

86th constitutional amendment of 2002:The government provided a status of a fundamental right to the right to education. The government inserted Article 21A into the constitution.

Evolution of Right To Education Act:

P A Inamdar vs State of Maharastra 2005 case: In this case, the court held that there shall be no reservation in private institutions, minority and non-minority institutions.

93rd constitutional amendment of 2005: This amendment included Clause(5) to Article 15. Under this, the State can provide for admission in institutions, including private institutions for the advancement of “backward” classes. This purposefully omitted both the aided and unaided minority educational institutions.

In 2009, the government enacted the Right to Free and Compulsory Education Act or RTE Act. The Act provides for 25 per cent reservation in private institutions.

Society for Unaided Private Schools of Rajasthan v. Union of India case. Private schools challenged the 25% percent reservation in the RTE Act. The court, on the other hand, upheld the validity of the legislation. But the court exempted the unaided minority institutions from providing reservation.

The arbitrariness in Right To Education Act:

The amendment to the Right to Education Act 2012: The amendment mentions that the RTE Act will subject to Articles 29 and 30. In other words, It protected the administrative rights of both unaided and aided minority educational institutions.

But in the Pramati Educational Trust vs Union of India case 2014, the court held that the RTE Act is applicable to both non-minority aided and unaided Private schools.

This created an arbitrariness in the Act. This has the following problems in the RTE Act,

1. Onus on private unaided schools is higher than the government schools
2. Minority institutions both aided and unaided were exempt.
3. According to Article 21, there is no discrimination between minority and non-minority institutions. But, the RTE Act has.
4. There is no explicable or rational explanation for leaving minority institutions, especially the unaided ones.

Suggestions to improve the Right to Education Act

In the Sobha George v. State of Kerala case, 2016 the court held that the no-detention policy will apply to minority schools also. Further, the court also held that the minority institutions will not subject to the RTE Act. But they are subject to the fundamental rights of the Constitution. The Court demands two fundamental questions on Section 16(no-detention policy).

1. 1. Whether the provisions such as Section 16 of RTE are statutory right or Fundamental Right?
   2.  If it is the Fundamental Right, then the minority institutions will not claim the exemption under the Pramati Educational Trust case. 

So, the government has to relook the Right to Education Act to fulfil the view of the Sobha George v. State of Kerala case. Until then the Supreme court may overrule its judgement on the Pramati Educational Trust case.

Source: The Indian Express

What is the News?

The caretakers of patients with ‘rare diseases’ are not satisfied with the National Policy for Rare Diseases 2021. The Union Health Ministry recently released the policy.

Rare Diseases: WHO defines a rare disease as a lifelong disease or disorder that often highly weakens an individual. It has a prevalence of 1 or less per 1000 population. Example: Haemophilia, Thalassemia, Sickle cell anaemia, auto-immune diseases among others.

• However, every country has its own definition for rare diseases.
• The US  defines rare diseases as a disease or condition that affects fewer than 200,000 patients in the country.
• Likewise, the EU defines rare diseases as life-threatening or chronically debilitating (weakening) condition. It should affect no more than 5 in 10,000 people.

About National Policy For Rare Diseases,2021:

• Aim: The policy aims to lower the incidence and prevalence of rare diseases based on an integrated and comprehensive preventive strategy. The strategy includes awareness generation, counselling programmes, providing affordable Health Care among others.

Key Features of the National Policy For Rare Diseases,2021:

• Categorisation: The policy categorizes rare diseases into three groups:
  • Group 1: Disorders amenable to one-time curative treatment;
  • Group 2: Diseases requiring long term or lifelong treatment; and
  • Group 3: Diseases for which definitive treatment is available, but challenges are to make an optimal patient selection for benefit.
• Government Support:
  • The government will provide Financial support of up to Rs. 20 lakh under the Umbrella Scheme of Rashtriya Arogya Nidhi for treatment of those rare diseases listed under Group 1.
  • Moreover, Beneficiaries for such financial assistance would not be limited to BPL families. About 40% of the population, eligible under Pradhan Mantri Jan Arogya Yojana, will also be eligible for assistance.
  • Further, for group 2, the State Governments can consider supporting specific patients. It includes a rare disease that can be managed with special diets or hormonal supplements or other relatively low-cost interventions (Diseases listed under Group 2).
• Voluntary Crowdfunding: The government has said that it will assist in voluntary crowd-funding for the treatment of Group 3. It is because it will be difficult to fully finance the treatment of high-cost rare diseases of Group 3.

Objections to the Policy:

• The policy offers no support to patients awaiting treatment since the earlier National Policy for Treatment of Rare Diseases 2017 was kept on hold.
• The policy has left patients with Group 3 rare diseases to fend for themselves. It has absolutely no consideration for Group 3 patients who require lifelong treatment support.

Rashtriya Arogya Nidhi scheme:

It provides financial assistance to patients living below the poverty line and who are suffering from major life-threatening diseases, to receive medical treatment.

Source: The Hindu

Synopsis – The Medical Termination of Pregnancy Bill 2020  Continues to ignore Pregnant person’s rights.

Introduction-

• Recently, The Medical Termination of Pregnancy Bill 2020  passed in the upper house by voice vote.
• The bill seeks to amend the MTP Act, 1971. It provides for enhancing the upper gestation limit from 20 to 24 weeks for special categories of women but does not specify the category.
• Although the MTP Amendment Bill does expand the gestational cap in some cases, it falls well short of becoming rights-based legislation.

Medical termination of pregnancy bill 2020 – explained

Objections raised in the Upper House

• Lack of consultation with stakeholders.
• Lack of inclusion of transgender people within the MTP framework.
• Moreover, there is a lack of emphasis on women’s autonomy in pregnancy.
• Medical boards would be a breach of privacy. It would cause excessive delays in access to abortion due to a shortage of specialists.
• The time limit for decision-making by the medical board is missing. Moreover, the women’s representation is unclear.

Issues in the proposed Medical Termination of Pregnancy (Amendment) Bill, 2020

1. Lack of consultation with civil society and grassroots organizations. This is an example of drafting and enacting laws without consultation with the people who are most affected. The Recent Farm Bill, 2020 is a prime example of this.
2. The provision still restricts abortion to a heteronormative framework. Only cisgender women are considered in it, and not persons with other gender identities.
   1. Under the heteronormative framework, it is a belief that there are only 2 two sexual orientations and genders i.e. male and female.
   2. Cisgender is the person, who identifies herself with the sex at the time of birth. The person who undergoes gender change is not a cisgender.
3. Issues with setting up of Medical Boards – The MPT bill mandates the setup of a Medical Board in every state. The Medical Boards require giving opinions based on the facts regarding the termination of pregnancies.
   • • This could cause severe delays in the abortion process.
     • Pregnant women living in rural areas in large parts of the country could find these Medical Boards inaccessible.
4. The bill retains the hetero-patriarchal population control legacy. The bill continues with the lack of control to the women, of their reproductive and sexual rights. Abortion will be subject to doctor approval. This is in direct contrast with the Supreme Court’s precedent on reproductive autonomy and bodily integrity.
5. The Bill’s provisions continue to criminalize abortion. It will promote negative stereotypes and stigma surrounding reproduction, sexuality, and motherhood.

Way forward

Before drafting or enacting legislation, the government must ensure the following:

• Consultation with all stakeholders – Consultations and deliberations with members from civil society and grassroots organizations should be held by the government since they all have an interest in the implementation of such laws based on their personal experiences.
• Women can be responsible for their own choices- The decision to terminate a pregnancy should be granted to the woman, not to doctors or any medical board.
  • • The paternalistic notion that women need assistance in making decisions about their sexual and reproductive rights needs to change.

Source- The Indian Express

Synopsis: The accusation made on the Government regarding the passage of the Government of the NCT  of Delhi Act 2021  is groundless.

Background of the NCT of Delhi Bill

• Last week, both Houses of Parliament voted in favor of the amendments to the Government of the National Capital Territory (NCT) of Delhi Act.
• Many criticized the passage of the bill that the government is undermining the federal structure of the country. Some have equated the passage of the bill as the death of democracy and Federalism.
• But the government mentioned the Bill as a necessary change vital for the following things,
  • Ensuring clear-cut roles and responsibilities.
  • To remove ambiguities in the governance of the NCT of Delhi
  • To facilitate a clear chain of command among stakeholders

 Why the accusation against the NCT of Delhi Bill is groundless?

The Evolution of The GNCT of Delhi bill has to be examined carefully to understand the issues against the accusations of the GNCT bill.

• First, the aim of the amendments was to clear the ambiguities in the roles of various stakeholders. Since various court judgments have observed the ambiguities and lack of clarity. The government through the recent amendment brought consistency in the definition of the term “Government”.
  1. The amendment clearly stated that the term ‘government’ refers to the Lieutenant Governor. By doing this, the government has only formalised the definition of a term that the Delhi Assembly itself had already accepted.
  2. For example, in 2015 the Legislative Assembly of Delhi passed the Delhi Netaji Subhas University of Technology Bill. It was sent for the President’s assent.
  3. However, it was returned to the Delhi assembly as it had defined the term “Government” as the “Government of the National Capital Territory of Delhi.
  4. Later, the Delhi assembly sent a modified version of the Bill for the President’s assent. This time the definition of “government” was described as “Lieutenant Governor of NCT Delhi appointed by the President.”
• Second, the government has proved itself as a torch-bearer of Federalism. For example, the government provided equal opportunities for States in the following events. Such as,
  • 1. The creation of NITI Aayog,
    2. During the establishment of the Goods and Services Tax Council,
    3. The acceptance of the Fifteenth Finance Commission’s recommendations for greater devolution.
• Third, the amendments will ensure that there is no encroachment in legislative matters in the union’s jurisdiction. NCT Delhi has no legislative competence in matters pertaining to the police, public order, and land. However, the current proposals for providing statehood to Delhi Legislative Assembly involve one major risk. That is the encroachment of the Delhi assembly on these subjects.
• Fourth, Delhi is of unique importance to India. It hosts the Parliament, the seat of the Union Government, Supreme court, Foreign embassies, and other institutions of national importance. In such instances, ensuring the opinion of the Lieutenant Governor can only ensure the smooth functioning of the government.

So, the NCT of Delhi (Amendment) Bill balances the proper functioning of the Delhi Assembly and the cooperative federalism in India.

Source: The Hindu

What is the News?

The Supreme Court issues directions to police, Motor Accidents Claims Tribunals(MACTs), and insurance companies regarding accident information reports. The aim of the directions is to make the compensation process to victims more smooth and claimant-friendly.

What was the case?

• The Insurance company Bajaj Allianz filed a writ petition in the Supreme Court. The petition raised the issue of the difficulty of accident victims, waiting for years for compensation.
• Bajaj Allianz said that the police take months to even file an accident report for submission before the Motor Accidents Claims Tribunals(MACTs). This is the norm in many parts of the country,

What did the Supreme Court say?

The Supreme Court issued directions to prevent delays in the disbursement of compensations to victims. The police, motor accident claims tribunals and insurers across the country have to uniformly practice these directions:

• Firstly, Accident Information Report: The jurisdictional police station shall report the accident under Section 159 of the Motor Vehicle Act. Further, the police need to send the report of the accident to the tribunal and insurer within the first 48 hours.
• Secondly, Detailed Accident Report: Police shall collect the documents relevant to the accident. This includes documents for computation of compensation and verification of the information and documents. This report shall be emailed to the tribunal and the insurer within three months.
• Thirdly, the tribunal shall issue summons along with the Report or the application for compensation to the insurer by email.
• Fourthly, the insurer shall email their offer for settlement/response to the Report to the tribunal.
• Fifthly, after passing the award, the tribunal shall email an authenticated copy of the award to the insurer.
• Sixthly, the insurer shall satisfy the award by depositing the awarded amount into a bank account maintained by the tribunal by RTGS or NEFT.

Further, the Supreme Court has also ordered the Centre to launch a national online platform. The platform could be operated and accessed across the country for submission of accident reports, claims and responses to claims. This would end the distress felt by victims during accidents that happened in places other than their native State.

Source: The Hindu

What is the News?

Bihar State Assembly has passed the Bihar Special Armed Police Bill, 2021.

About Bihar Special Armed Police Bill, 2021

• The mandate of the bill is to maintain public order, combat extremism. Further, the bill ensures better protection and security of specific establishments.
• For this, the Bill proposes setting up a Special Armed Police force. The Special Armed Police will have one or more battalions depending on the requirement for any specified period.
• Nodal Authority: The command, supervision, and administration of the Special Armed Police shall vest in the Director-General of Police, Bihar.
• However, the general superintendence of the Special Police shall be exercised by the Government.

Powers of the Special Armed Police force:

• Firstly, Power to arrest without a warrant: They will have the power to arrest people even without a warrant. This power will be available to any of the Special Armed Police’s officers.
• Secondly, Arrests on suspicion: They have the power to arrest people on the basis of mere suspicion. This includes suspicion like disrupting state government functions or attempting to conceal their presence with the aim to commit a crime or cognizable offence.
• Thirdly, Search without Warrant: They have the power to conduct a search of a suspect’s premises without obtaining a warrant from a magistrate. The only safeguard is that the search can be conducted by an officer of a notified rank or above.
• And Lastly, Immunity from Courts: The bill also grants immunity to the officers of the Special Armed Police. It bars courts from taking cognizance of any complaint against the Special Armed Police. The court can take action only when the state government has sanctioned action against the concerned officers.

Source: Indian Express

Synopsis: The Medical Termination of Pregnancy (Amendment) Bill, 2021 MTP Bill  aims to improve women’s reproductive rights. But it will restrict women’s bodily autonomy if implemented.

Introduction:

The Lok Sabha passed the Medical Termination of Pregnancy (Amendment) Bill, 2021. Now the bill is in the Rajya Sabha. The Rajya Sabha has to maintain caution in passing the Bill as it enforces societal prejudices against women.

Important Provisions of the MTP Bill:

The bill is hailed as a much-needed departure from the existing MTP Act, 1971 for two reasons.

1. Firstly, the MTP bill replaces “any married woman or her husband” with “any woman or her partner”. This step will facilitate the termination of pregnancy due to contraception failures and destigmatize the pregnancies outside marriage.
2. Secondly, the MTP Bill increased the time limit. The Bill increases the pregnancy termination time from the current 20 weeks to 24 weeks. There are two categories for that:
   1.  Termination of Pregnancy from 12 weeks to 20 weeks: Women can terminate the pregnancy after consulting one RMP (registered medical practitioner).
   2. Termination of Pregnancy from 20 weeks to 24 weeks: Women can terminate the pregnancy after consulting two RMPs.

Challenges with the MTP Bill:

There are a few significant challenges with the MTP bill. They are,

1. The problem with the upper limit: The government increased the upper age to 24 weeks(Category 2). But, that does have certain conditions like
   1. the life of the pregnant woman or pregnancy can cause grave injury to her mental or physical health.
   2. If the child were born it would suffer from any serious physical or mental abnormality.
      But these limitations are not useful when the opinion of the medical board is necessary. So, the medical board can certify any pregnant woman as not having ‘substantial foetal abnormalities’ and force her not to terminate the pregnancy.
2. Restricting the bodily autonomy of women: The Bill still enforces the patriarchal setup. The woman alone cannot terminate her pregnancy. She always needs the opinion of one or two RMPs.
3. The scientific necessity of the 24-week ceiling: There might be abortions after 24 weeks as well. It could be for the reasons like,
   1. Development of foetal abnormalities after 24-week
   2.  A sudden change in circumstances (due to separation from or death of a partner), etc.
      But the MTP Bill does not cover these points into consideration.
4. Reduced access to termination facilities: Pregnant women will also fail to approach termination facilities for having a fear of judgment from medical practitioners.
5. Against the Supreme Court judgment: The SC in KS Puttaswamy v Union of India case upheld the women’s constitutional right to make reproductive choices. But the MTP Bill is a clear violation of women’s Fundamental Right to make choices individually.

So, the government has to reconsider the MTP Bill in a holistic manner of women’s development.

Source: The Indian Express

Synopsis:The Insurance (Amendment) Bill, 2021 has few important concerns. But the move is a welcome step to the Insurance sector.

Introduction:

The Lok Sabha has passed the Insurance (Amendment) Bill, 2021. The Bill had earlier been cleared by the Rajya Sabha also. Now it only requires the presidential assent to become a law.

About the Insurance (Amendment) Bill, 2021:

1. The Bill amends the Insurance Act,1938. The Bill seeks to increase the maximum foreign investment allowed in an Indian insurance company from 49% to 74%.
2. However, such foreign investment may be subject to additional conditions as may be prescribed by the Central Government. The conditions include,
   • The majority of directors on the Board and key management persons in health and general insurance companies has to be resident Indians.
   • At least 50% of directors of the Insurance companies have to be independent directors.
3. The bill also removes restrictions on ownership and control.

Click Here to Read more about the Insurance (Amendment) Bill

Concerns with the Insurance (Amendment) Bill:

There are certain key concerns raised by the critics of the bill. These include,

1. The present actual share of FDI in the insurance sector is less than the current limit of 49%. Further, the present target was aimed to achieve within 5 years. But that is not achieved so far. Hence, there is no justification for increasing the limit to 74%.
2. Infusion of market funds in the insurance sector is not viable. The critics mention the time when financial institutions like DHFL, Yes Bank have collapsed, infusing market funds might lead to the collapse of insurance institutions also.
3. The Bill does not have a provision to prevent financially weak foreign companies from entering into the Indian insurance sector.
4. Many Indian insurance companies are already in Joint Venture with foreign companies. Hence, the Government’s claim that foreign investment is needed for bringing newer technology to the country is not substantiated.

Government’s response to the concerns:

1. The bill is aimed at solving some long-term capital availability issues in the insurance sector.
2. The banking and insurance industry fall under the strategic sectors according to the government’s strategic disinvestment policy. The 74% cap is just a limit posed on the FDI. Hence, there should be no apprehension on privatization.
3. The bill will increase competition in the insurance sector. This will in turn facilitate affordable schemes for middle-class people.
4. Half of the market share of the Indian insurance sector is already held by private companies. The public sector insurance market share is merely 38.78%. On the other hand, the private sector enjoys 48.03% of the market share. So the increase in FDI is essential to improve the insurance penetration further.

The Insurance (Amendment) Bill might facilitate insurance penetration among middle-class Indians. But the adequate safety mechanisms have to put in place to check the insurance companies.

Source: The Hindu

Synopsis: The Government of NCT of Delhi (Amendment) Bill, 2021 gives more powers to the Lieutenant governor(LG). Further, It is against the principle of representative democracy.

Evolution of The Government of NCT of Delhi (Amendment) act 1991

1. India follows Parliamentary democracy with a cabinet form of government. This is a basic structure of the Indian Constitution.
2. When the Constitution came into force, there were four kinds of States. (Parts A, B, C and D States)
3. The states under C and D were directly administered by centrally appointed Chief Commissioners and Lieutenant Governors. They don’t have any elected Assemblies. Delhi came under Part C.
4. But in 1951, a Legislative Assembly was created with an elected Chief Minister for Delhi.
5. However, issues of jurisdictions and functional autonomy between the Chief Minister and chief commissioner of Delhi was always present. This led to the resignation of the 1^st chief minister in 1955.
6. In 1956, following the States Reorganisation Act, only two categories(States and Union Territories) remained in the Indian Union.
7. Delhi became a Union Territory. Also, the Legislative Assembly of Delhi was abolished. Then, Delhi was administered by an Administrator appointed by the President.
8. In 1966, the Delhi Administration Act 1966 provided a limited representative Government in Delhi. But there were repeated political demands that demanded a full statehood to Delhi.
9. To resolve this, the Balakrishnan Committee was set up in 1987. Consequently, the committee made the following recommendations
   • • Delhi should continue to be a Union Territory.
     • But there must be a Legislative Assembly and Council of Ministers responsible with appropriate powers to ensure stability.
10. Based on this report, the Constitution (69th) Amendment Act and the Government of National Capital Territory of Delhi (GNCT) Act, 1991 were passed.
11. This act provided Delhi with a Legislative Assembly, a Council of Ministers and an elected Chief Minister.

Why Delhi is kept under the control of the Union Government?

1. First, our Constitutional makers feared that Delhi will acquire a predominant position compared to other States if Delhi had statehood. So they included Delhi under Part C.
2. Second, Delhi is the National capital. So Parliament decided to keep Delhi under Union Government on the basis of national interest.
3. Third, to avoid federal disputes and provide for smooth administration in Delhi. For example, If full statehood is provided to Delhi, then two different political parties at the centre and Delhi will result in higher conflicts than the present ones.

Salient provisions of NCT of Delhi (Amendment) Bill:

The NCT of Delhi (Amendment) Bill has few significant provisions. They are,

1. The bill reduces the power of representative government. It provides enormous powers to the Lieutenant governor (directly appointed by the centre).
2. It makes the opinion of the Lieutenant Governor mandatory for taking any executive action.

Challenges with the NCT of Delhi (Amendment) Bill:

1. The Bill is against federalism (basic structure of the constitution). It gives more powers to the centre.
2. The bill is against the provisions of representative democracy. It limits the power of the people. On the other hand, it gives more powers to the directly appointed administrators.
3. The Bill aims to hand over the accountability of Delhi to an unelected, centrally appointed government functionary.
4. The bill also violated the directions given by the Supreme Court. The SC provided a balanced approach. It mentions the LG has to ‘aid and advice’ the matters on which the Delhi Assembly has powers under the State and Concurrent Lists.

The government must reconsider the NCT of Delhi (Amendment) Bill as per the advice of the Supreme Court.

Source: The Hindu

Introduction

The Lok Sabha and Rajya Sabha passed the Mines and Minerals (Development and Regulation) (MMDR) Amendment Bill,2021. The MMDR Bill 2021 seeks to amend the Mines and Minerals (Development and Regulation) Act, 1957. This bill is expected to be the watershed moment in the development of mines and minerals in India.  In this article, we will analyze the MMDR Bill 2021.

Types of Mines in India

At present, there are two types of mines in India. They are:

1. Captive Mines: Captive industries own these mines. The coal or mineral produced from these mines is for the exclusive use of the owner company of the mines. The company cannot sell coal or mineral outside. Some electricity generation companies used to have captive mines.
   For Example, If an iron ore mine is allowed to a captive industry(iron and steel plant). Then that iron and steel plant can use the iron ore only for producing steel for their company. They cannot sell the ore to any outsider.
2. Non- Captive Mines: In Non-captive mines, the minerals obtained by a company can be sold in the market.

Note: Specified minerals include minerals other than coal, lignite, and atomic minerals.

About the MMDR Bill 2021

1. There are two important Acts that govern the mines and minerals in India. They are,
   1. The Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act)
   2. The Coal Mines (Special Provisions) Act, 2015 (CMSP Act).
2. The MMDR Act regulates the overall mining sector in India. Further, the MMDR Act empowers the central government to reserve any mine for the particular end-use(Captive mines).
3. Similarly, the CMSP Act provides for the auction and allocation of mines.
4. The Mines and Minerals (Development and Regulation) (MMDR) Amendment Bill,2021 amends both the MMDR Act and CMSP Act. Further, it aims to provide holistic development of mines and minerals in India.
5.  An Ordinance with similar MMDR bill provisions was also promulgated in January 2020.

Salient provisions of the MMDR Bill 2021

1. Removes distinction between captive and non-captive mines:
   • The Bill removes the distinction between captive and non-captive mines. It will not reserve any mine for a particular end-use. All mines will now be able to sell their extra minerals.
2. Sale of minerals by captive mines: The MMDR Bill 2021 provides that captive mines (other than atomic minerals) may sell up to 50% of their annual mineral production in the open market after meeting their own needs. But they need to pay the royalty to the central government.
3. National Mineral Exploration Trust (NMET): The Bill provides for the constitution of a Statutory body named the National Mineral Exploration Trust (NMET). It will see the overall functioning of the mining sector.
4. National Mineral Index(NMI): The Bill proposes to introduce an index-based mechanism by developing a National Mineral Index(NMI). Various statutory payments and future auctions can use the National Mineral Index in the future.
5. Transfer of statutory clearances:
   • Presently, an auction is conducted to determine the fresh mining leases after the expiration of a mineral lease.
   • The auctioned person(new lessee) needs to obtain statutory clearances before starting mining operations.
   • The MMDR Bill 2021 changes this provision. It makes the transferred statutory clearances valid throughout the lease period of the new lessee.
6. Auction by the central government in certain cases: The Bill provides that if the State Government is not able to complete the auction process within a specified time, the Central Government may take over and conduct such an auction.

Concerns with the MMDR Bill 2021

1. The bill is seen by various state governments as the restriction of their revenue generation and indulgence of the central government in the State mineral policy. The reasons are,
   • Fixing the royalty to States: The bill mentions fixing royalty payments to the states for the mining leases provided to Central PSUs. This might reduce the amount of revenue to the state government.
   • Vesting the ultimate power with the Centre: The bill provides for auction by the central government in certain cases. State governments see this as the central government supremacy in the State mining lease policy.
   • Centre’s direction to District Mineral Fund(DMF): Under the MMDR Bill 2021, the centre can direct the spending of DMF. The States on the ground have to perform the actions directed by the Centre. States see this as the Centralization of DMF.
     District Mineral Fund: The District Mineral Fund is established based on the contribution of major or minor mineral exploring companies in a district. The fund is utilised in the interest of the persons and areas affected by mining-related operations.
2. Environment concerns with the MMDR bill 2021: As the mining is liberalised under the MMDR Bill 2021, there are higher chances of degrading the environment, restricting tribal rights, threatening the biodiversity of the area etc.

Advantages of the MMDR Bill 2021

1. Exploration of India’s mineral potential: India has the same mineral potential similar to Australia, South Africa. Further, India is producing 95 minerals. But India still imports minerals worth more than Rs. 2.5 lakh crore a year. The MMDR Bill 2021 facilitates to explore better mining of minerals. This will improve the commercial mining capability of India.
2. Effective mining and creates huge employment benefits: More exploration of mines will lead to effective and profitable mining in India. Further, the mines and minerals located in the Indian hinterland will create local employment at an enormous level.
3. Transparency in the mining process: The MMDR Bill 2021 aims to infuse transparency in the mining sector. Further, it will also reduce the red-tapism as the bill provides for the transfer of statutory clearances, new NMI index etc.
4. Variety of benefits: The relaxation of mining restriction on Captive mines and the transfer of statutory clearances have few significant advantages, like,
   • More investment into the mining sector: This will facilitate more internal investments, FDI and increase Forex reserves. Apart from that, this will bring more new technology into the mining sector.
   • Since the captive mines can sell their minerals commercially to other industries, It will spur the growth of other industries. Further, this will reduce the import of raw materials. This is in line with creating Atmanirbhar Bharat.
   • Companies can create additional revenue by selling minerals to other Industries and intermediaries.

Suggestions

1. Protect the Environment: Both the Centre and State government should ensure the protection of the environment. Further, the relaxation of mining to the companies should not violate the provisions of the environment. To ensure that, the government have to create a proper and periodic environmental auditing mechanism.
2. Creating other safeguards in long run: The implementation of the MMDR Bill 2021 have to monitor closely for enhancing the contribution of the mining sector to 2.5% of Indian GDP(at present it is 1.75%). The implementation of the MMDR Bill 2021 depends upon various organs of the state and private sector. So, the issues in the implementation have to identify and rectified either Judicially or legislatively or administratively or in other ways.
3. Creating adequate infrastructure in other sectors: The development of mines and minerals depend on India’s logistical capability, development of ports, railways etc. So to create an adequate export capacity of Mines and minerals, India needs to develop adequate infrastructure in other sectors.
4. India needs to reduce the cost of the value addition of minerals: The government has to reduce the losses associated with the value addition of minerals. Or else, India can face challenges in sustaining the industry.
   For example, China imports iron ores from India. But due to efficient value addition, China produces steel at a low cost. Further, China also exports them to India and disrupt the domestic steel industry.

Conclusion

Overall the MMDR Bill 2021 might provide a strategic push in the mining sector. Over a period of time, India can fulfil its mineral needs, create employment, ensure the growth of industries, etc. Thus, the proper implementation MMDR Bill will make India a global supplier of minerals to the whole world.

Synopsis: GNCT of Delhi Amendment Bill 2021 appears to go against the idea of representative government.

Introduction 

The Centre’s Bill is trying to amend the law that relates to the governance of the National Capital Territory of Delhi. The bill claims that its aim is to implement the Supreme Court judgments on Delhi’s governance structure. However, the proposed changes are the very opposite of what the Court has said.

What was the Supreme Court’s 2018 verdict on the matter?

• The Constitution Bench verdict in 2018 stated that the LG (Lieutenant Governor) has not been trusted with any independent decision-making power. 
• The LG either has to act on the aid and advice of council ministers. Or, he has to implement the decision of the President on the matters referred to him.
• The ‘aid and advice’ clause applies to the matters on which the Delhi Assembly has powers under the State and Concurrent Lists. This comes with an exception of public order, police, and land.
• Wherever there are differences between the L-G and the elected government, the L-G should refer the question to the President.
• Further, different judgments have clarified that the power to refer “any matter” to the President does not mean “every matter”.
• This bill completely undermines the Court’s efforts. The judgment strengthened the elected government in relation to Lieutenant Governor. 

Read more – NCT Amendment Bill

What are the issues with the NCT amendment bill? 

The Court wanted to clarify that the power to refer any matter to the President did not mean that every matter should be referred. 

1. Firstly, the Bill states all references to the government in the bills and orders would mean the LG. It is irrational to declare LG as the government, in the UT with an elected House.
   • As per the guiding principle, an elected government should not be undermined by the unelected administrator.
2. Secondly, the provision to Article 239AA empowers L-G to refer the matter to the President, in case of difference of opinion. However, this does not mean that the administrator should come up with a different opinion on every government decision.
   • However, the bill provides the L-G with an opportunity to refer every matter to the President.
3. Third, instead of Parliament identifying the matters on which the L-G’s opinion should be required, the Bill proposes that the L-G himself would specify such matters.

This bill amounts to a rollback of representative government. The Union Territory concept is one of the many ways in which India regulates relations between the Centre and its units. It should not be used to undermine the basis of electoral democracy.  

Source: click here

The Act seeks to amend the Mines and Minerals (Development and Regulation) Act, 1957. This act regulates the mining sector in India.

Salient provisions of the Amendment Act

1. Firstly, removes distinction between captive and non-captive mines:
   • The Act empowered the central government to reserve any mine (other than coal, lignite, and atomic minerals) for particular end-use. Such mines are known as captive mines.
   • The Bill removes the distinction between captive and non-captive mines. It will not reserve any mine for particular end-use. All mines will now be able to sell their extra minerals.
2. Secondly, the sale of minerals by captive mines: The Bill provides that captive mines (other than atomic minerals) may sell up to 50% of their annual mineral production in the open market after meeting their own needs.
3. Thirdly, National Mineral Exploration Trust (NMET): The bill provides for the constitution of a Statutory body named the National Mineral Exploration Trust (NMET). It will see the functioning of the mining sector.
4. Fourthly, National Mineral Index(NMI): The bill proposes to introduce an index-based mechanism by developing a National Mineral Index(NMI). It will be used for various statutory payments and for future auctions.
5. Fifthly, transfer of statutory clearances: Presently, upon expiry of mining lease and transfer of the lease to a new lessee, the statutory clearances issued to the previous lessee are transferred for a period of two years. The new lessee needs to obtain fresh clearances within the two years.
   • The Bill changes this provision. It makes the transferred statutory clearances valid throughout the lease period of the new lessee.
6. Sixthly, inclusion of Private Sector: The bill allows the participation of private players in mining operations with enhanced technology.
7. Seventhly, auction by the central government in certain cases: The Bill provides that if the State Government is not able to complete the auction process within a specified time, the Central Government may take over and conduct such an auction.
8. Lastly, allocation of mines with expired leases: The Bill says that mines (other than coal, lignite, and atomic minerals) whose lease has expired, may be allocated to a government company in certain cases.

Introduction

The Government of National Capital Territory of Delhi (Amendment) Bill, 2021 or the NCT of Delhi (Amendment) Bill 2021 got introduced in Lok Sabha. It amends certain provisions related to the distribution of powers and responsibilities among the L-G (Lieutenant Governor) and the Delhi legislative assembly. The issue of power tussle between the L-G and the elected government of Delhi has come into the limelight again. It is because of the introduction of this bill.

Key Provisions related to Delhi

1. Delhi’s current status as a Union Territory with a Legislative Assembly is an outcome of the 69th Amendment Act. The act introduced Articles 239AA and 239BB in the Constitution.
   • They have created the Union Territory of Delhi with a legislative assembly.
   • Further, the administrator appointed under article 239 gets designated as the Lieutenant Governor. There shall be a council of ministers to aid and advise LG.
   • Lastly, provisions of public order, police and land are not under the jurisdiction of the Delhi government. The Centre will maintain these provisions.
2. Article 239AA(4) mandates that in case of a difference of opinion between the L-G and the Council of Ministers, the L-G has to refer the issue to the President.
   • Until the decision is pending before the President, the L-G can use his discretion to take immediate action if urgency requires him/her to take an action.
3. The GNCTD Act 1991 got passed to supplement the constitutional provisions relating to the Assembly and the Council of Ministers in the national capital. The act outlines few important provisions such as: 
   • the powers of the Assembly
   • the discretionary powers enjoyed by the L-G 
   • duties of the Chief Minister with respect to the need to furnish information to the L-G.

Salient features of the NCT of Delhi (Amendment) Bill 2021

The NCT of Delhi (Amendment) Bill mainly aims to amend four clauses of the Government of National Capital Territory of Delhi Act, 1991 (GNCTD Act 1991). They are, 

1. Section 21 – This section deals with the restrictions on laws passed by the Legislative Assembly concerning certain matters.
   • The Bill provides that the term “government” referred to in any law made by the Legislative Assembly will imply Lieutenant Governor (L-G).
2. Section 24 – This section deals with assent to Bills passed by the Legislative Assembly. The L-G will reserve the bills for the consideration of the President in a few matters. It includes bills that diminish the powers of the High Court of Delhi, the President directed the L-G to reserve a bill, etc.
   • The NCT of Delhi (Amendment) Bill requires the L-G to reserve bills for the President that incidentally cover any of the matters outside the purview of the powers of the Legislative Assembly.
3. Section 33- It mentions that the Legislative Assembly will make rules to regulate the procedure and conduct of business in the Assembly.
   • The 2021 NCT bill states that such rules must be consistent with the Rules of Procedure and Conduct of Business in the Lok Sabha.
4. Section 44 – It deals with the conduct of business. Accordingly, all executive decisions taken by the elected government should be under the L-G’s name. 
   • The 2021 bill empowers the L-G to specify his suggestions on certain matters. His opinions has to be taken before making any executive action on decisions of the Minister/ Council of Ministers.  

Background of LG and Delhi Government Relationship

1. Frequent tussles have been witnessed between the Delhi government and the L-G of Delhi since 2015. 
2. The primary reason behind it was the lack of clarity over Article 239AA. The proviso of Article 239AA(4) seems to give primacy to the L-G. Using this, the LG was able to undermine the will of the elected government.
3. A case also filed on the court about the L-G’s power of discretion. In the

   Government of NCT of Delhi v. Union of India case 2018, the Supreme Court defined the limits of L-G’s discretionary powers. The important points of that judgement were,

   • L-G is bound by the aid and advice of the council of ministers except in subjects of land, public order and police.
   • Executive decisions do not need the concurrence of the Lieutenant General. Further, the court also held that the L-G has no powers to overrule the decisions of the elected government.
   • The difference of opinion has to be referred to the president under Article 239AA(4) provision.
     • The Lieutenant Governor cannot act mechanically and refer every decision to the president.
     • Only genuine cases of public interest can be referred to the President.
     • Before referring a bill to the President, the L-G has to consider the principles of collaborative federalism, the concept of constitutional governance, objectivity, etc.
   • Executive power rests with the council of ministers of NCT, Delhi. The union government has no overruling powers with respect to the executive powers.

Impact of Supreme Court Verdict on NCT of Delhi 

• It established a situation of calm between the Delhi Government and the L-G.
• The Delhi government stopped sending files on executive matters to the L-G before the implementation of decisions. This resulted in swifter decisions like: 
  1. Free bus rides to women, 
  2. Doorstep delivery of rations to the city’s residents, 
  3. Free electricity to households that are using less than 200 units of power 
  4. Mechanization of sewage cleaning operations
  5. Moreover, during the COVID-19 pandemic, the government restricted Delhi’s medical resources to its residents alone

Need for new NCT of Delhi (Amendment) Bill

The Centre introduced the bill in Lok Sabha by mentioning the needs of the bill which includes: 

1. The Bill seeks to give effect to the 2018 judgement and implementing the verdict.
2. The new Bill is also intended to promote cooperative federalism between the centre and the state.
3. The Bill would address the ambiguities in the interpretation of legislative provisions.

Implications of NCT of Delhi (Amendment) Bill

1. Equating the L-G with the government simply undermines the legitimacy of the elected government thereby disrespecting representative democracy.
2. Further, The bill goes against the spirit of the 2018 verdict. The provisions such as getting the compulsory opinion from the L-G are against the verdict.
3. The NCT of Delhi (Amendment) Bill restricts the Delhi government from inquiring into executive matters. The Delhi assembly at present is examining multiple issues ranging from riots to the environment. This disregards the ideal of democracy conceived for the NCT of Delhi by Article 239AA of the Constitution.
4. The NCT of Delhi (Amendment) Bill if passed would be a huge setback for Delhi’s quest for full statehood. As the L-G gets precedence to the Delhi government.
5. The bill empowers L-G to specify certain matters on which his opinion must be taken. This can curtail the autonomy that any elected government legitimately requires for governance.
6. Providing excess powers to L-G can also distort the federal equilibrium. The centre can use this bill as a precedent to curtail the powers of other states in the future.

Suggestions

1. The new bill should be reconsidered in the light of Justice D Y Chandrachud’s note in the 2018 verdict: “In a democratic form of government, the real power must subsist in the elected arms of the state”.
2. A cautious discussion and deliberation should take place between the Centre and Delhi government on the ambiguous provision of the bill. This will help in the eradication of unconstitutional and undemocratic provisions.
3. Apart from that, the government at the centre and state must cooperate to make sure that L-G can discharge its constitutional function. At the same time, they need to avoid L-G doesn’t become a hindrance to development.

Conclusion:

The government must reconsider the NCT of Delhi (Amendment) Bill as per the advice of the Supreme Court. The revamped provisions should enable L-G to act as a facilitator for upholding the law of the land and constitutional provisions.

Synopsis: The Madras High Court quashed a case of aggravated sexual assault of a minor under the POCSO (Protection of Children from Sexual Offences) Act. The High Court also mentioned the need to amend the POCSO act.

The case and ruling 

• Madras HC was hearing a case of aggravated penetrative sexual assault under the POCSO act.
• This case was filed against an auto driver, in his early twenties, for marrying a minor girl in 2018.
• Recently the HC Quashed the case. In this case, the Court observed the consensual relationship between the accused and the minor girl.
• The court stated that the POCSO Act is not intended to bring the romantic relationships between adolescents or teenagers within its ambit. Thus, the act requires appropriate amendments.

About the POCSO Act:

1. POCSO was enacted as per Article 15 of the Constitution and the UN Convention on the Rights of the Child. It aims to protect children from sexual assault, sexual harassment, and pornography.
   • Article 15 allows the state to make special provisions for women and children.
2. Aggravated penetrative sexual assault under the POCSO Act, 2012 is equal to the provision for aggravated rape.
   • It means rape occurs within a relationship of trust, leads to pregnancy or any other aggravating circumstance. 
3. Further under POCSO, an individual will be punished if the victim is below 18 years. It does not consider the consent of minors as relevant. Thus, the accused can’t plead consent as a defence. 

Rationale behind the judgement:

• POCSO has become a tool for the persecution of young people in consenting sexual relationships. The act completely ignores the natural sexual tendencies of adolescents and undermines their right.
• The court also said that this case was purely individual in nature. Thus, releasing the accused in this particular case will not undermine the public interest.
• Punishing consenting youngsters results in their persecution throughout life. This is more evident in cases where the minor victim has willingly eloped or married the accused or carrying his child. 

Concerns associated with judgement:

• It goes against the established Supreme Court precedent of considering rape cases as a matter of public concern.
• The Parliamentary Committee (Rajya Sabha) in 2011 prescribed a uniform age of 18. It would make sure that trials of child rape would focus on the conduct of the accused and the circumstances of the offence. Thus, The Possibility of consent was not meant to be an exception under POCSO.
• The five State studies on the functioning of Special Courts under the POCSO Act shows the complicated nature of consensual cases. 
  • As per the study, adolescents can and do choose to have sex. However, they are still children, and their growing sexual autonomy is prone to abuse. This issue resulted in inconsistent and unprincipled adjudication.

Way Ahead:

• The judgement has highlighted the urgent need of amending the rigid stance in the POCSO Act.
• The courts should create a fine balance between the sexual rights of adolescents and their gullibility of being exposed.
• Further, this balance can be rightly created when the legislature is willing to provide clarity on the core wrongs that POCSO is meant to address.

Source:THE HINDU

About National Institutes of Food Technology Bill, 2019

Ministry: Food Processing Industries

What does the bill provide?

The bill declares two institutes of food technology, entrepreneurship, and management as institutions of national importance. These are:

• National Institute of Food Technology Entrepreneurship and Management, Haryana
• Indian Institute of Food Processing Technology, Tamil Nadu.

What are Institutions of National Importance?

• An institution that serves as an important player in developing highly skilled personnel within the specified region of the country/state.
• The status is conferred on a premier public higher education institution in India by an act of the Parliament of India.

Benefits of National Importance Tag:

• Firstly, these institutes are provided functional autonomy to:
  • design and develop courses
  • Award Degrees such as Bachelor of Technology, Master of Technology, and Ph.D.
  • Undertake research activities
• Secondly, the institutes would also implement the reservation policy of the government. It would also undertake special outreach activities for the benefit of concerned stakeholders.
• Lastly, the recognition would also enable the institutes to provide world-class teaching and research experience by adopting innovative practices.

Source: The Hindu

About National Capital Territory of Delhi Laws Second (Amendment) Bill, 2020:

Ministry: Housing and Urban Poverty Alleviation

• The bill amends the National Capital Territory of Delhi Laws (Special Provisions) Second Act,2011. The 2011 Act was valid till 31st December 2020. The Bill seeks to extend this deadline till the end of December 2023.
• The bill seeks to regularise unauthorized colonies based on 2 qualifications
  1. that existed in the National Capital Territory of Delhi as of June 1,2014 and
  2. that had seen development up to 50% as of January 1,2015.
• It also provides protection to certain forms of unauthorized developments in Delhi from punitive action where adequate measures are yet to be taken.

What was the need for this bill?

• There are 1,700 unauthorized colonies in Delhi. Due to unauthorization, these colonies are not receiving proper amenities. This Bill provides ownership rights to those living in these colonies.
• The bill would also facilitate access to institutional credit and also improve the basic amenities.

Source: The Hindu

What is the News?

The Ministry of Home Affairs(MHA) informed Lok Sabha about the number of cases registered under the Unlawful Activities [Prevention] Act(UAPA) in 2019.

Key Data Provided by MHA on cases under UAPA:

• Persons arrested under UAPA: In 1226 cases around 1948 persons were arrested under UAPA across the country in 2019.
  • This is a 72% increase in the number of persons arrested under the UAPA in 2019 compared to 2015.
• The Highest Number of Cases: In 2019, the highest number of cases were registered in Manipur. This is then followed by Tamil Nadu, Jammu, and Kashmir, Jharkhand, and Assam.
• The Highest Number of Arrests: The highest number of arrests in 2019 was made in Uttar Pradesh. The is then followed by Manipur, Tamil Nadu, Jammu, and Kashmir and Jharkhand followed the UP.
• Terrorist Organisations: The government has declared 42 organisations as terrorist organisations and listed their names in the First Schedule of the UAPA.
• Convictions: Only 2% of cases registered under the UAPA between 2016-2019 ended in convictions by the court.

Read about National security Laws

About Unlawful Activities [Prevention] Act(UAPA):

• UAPA was introduced in 1967 to target secessionist organizations. It is primarily an anti-terror law aimed at preventing certain unlawful activities of individuals and associations.
• Investigation: The cases under the UAPA are investigated by the State police and the National Investigation Agency(NIA).
• Bail: Under the act, getting bail is rare. The investigating agency has up to 180 days to file a charge sheet.

Click Here to Read More about UAPA

 Source: The Hindu

What is the News?

The Ministry of Information and Broadcasting clarifies certain aspects of IT Rules, 2021 for OTT platforms. It clarified that there will be no government nominee in the self-regulatory body.

What is the issue?

The Central government notified Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. These rules broadly deal with social media and over-the-top(OTT) platforms.

What is the Ministry’s clarification?

• The over-the-top(OTT) platforms will not have to get themselves registered with the government.
• There will be no government-appointed member in the self-regulatory body that will address complaints.

Rules for OTT Platforms:

• Self-Classification of Content: The OTT platforms would self-classify the content into five age-based categories i.e. U (Universal), U/A 7+, U/A 13+, U/A 16+, and A (Adult).
• Parental Lock: Platforms would implement parental locks for content classified as U/A 13+ or higher. A reliable age verification mechanism for content classified as “A” is required.

Read more – IT Rules 2021 for OTT and Social Media

3- Tier Grievance Redressal Mechanism

• Grievance Cell: The publisher has to appoint a Grievance Redressal Officer based in India. The officer shall be responsible for the redressal of grievances received by it. He shall take a decision on every grievance it receives within 15 days.
• Self Regulatory Body: There may be one or more self-regulatory bodies of publishers. Such a body shall be headed by a retired judge of the Supreme Court, a High Court, or an independent eminent person. It will not have more than six members.
  • This body will oversee the adherence by the publisher to the Code of Ethics and address grievances that have not been resolved by the publisher within 15 days.
• Oversight Mechanism by Government: An Inter-ministerial panel will be set up. It will look into the complaints if they are not resolved at the first two levels.

Source: The Hindu

Introduction

The Government of India has released the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021. It aims to regulate social media, digital news media, and Over-The-Top (OTT) content providers. The rules were jointly announced by the Minister for Information Technology and the Minister for Information and Broadcasting. Despite being praised by few experts as revolutionary, it also has certain challenges to be addressed. 

Need for the New IT Rules 2021:

India at present doesn’t have any specific rules to govern the digital news media and OTT platforms. At present these are governed under Section 79 of the IT Act. But it was not able to effectively control the misuse of data over social media and digital platforms. The reasons were,

1. Non-liability of Intermediary:
   • Section 69 of the IT Act gives power to the government to issue directions “to intercept, decrypt or monitor…any information generated, transmitted, received or stored” in any digital equipment.
   • The Intermediaries are required to preserve and retain specified information. Further, they have to obey the directions issued by the government from time to time.
   • By adhering to government rules, they will get protected from legal action for any user-generated content under Section 79. Section 79 states that an intermediary (Digital media and OTTs) shall not be liable for any third party information, data, or communication
2. Further, the user base of big companies has expanded rapidly. Currently there are over 53 crore WhatsApp users, over 44.8 Crore YouTube users and 41 Crore Facebook users. 
3. The government rejected the Self-regulatory toolkit submitted by 17 OTT Platforms. The government rejected them for reasons like lack of independent third-party monitoring, the tool-kit did not have a well-defined Code of Ethics, etc.

This induced the government to come up with new rules under the IT Act, 2000. The IT Rules 2011 got replaced with the new IT Rules 2021.

Salient provisions of IT Rules 2021

The new IT rules have been framed to address the Social Media, Digital Media and OTT platforms in a specific manner.

New IT Rules related to Social Media:

1. Social media companies are prohibited from hosting or publishing any unlawful information. These information are “in relation to the interest of the sovereignty and integrity of India, public order, friendly relations with foreign countries, etc.
2. If such information is hosted or published the government can take down such information within 24 hours. The user will be given a notice before his/her content is taken down.
3. The government can direct messaging platforms to tie the identity of the user with the message transmitted by him/her for strengthening traceability.
4. The IT rules 2021 call for social media companies to publish a monthly compliance report.
5. Social media platforms are classified into two categories
   1. Social media intermediaries – Platforms that have a limited user base.
   2. Significant social media intermediaries – These are the platforms with a large user base.
6. The significant social media intermediaries have to follow few additional measures like:
   • These platforms should have a physical contact address in India. 
   • Appointing a Chief Compliance Officer, Nodal Contact Person, and a Resident Grievance Officer in India. All of them should be Indian Residents.
     • Nodal Contact Person will do 24×7 coordination with law enforcement agencies.
     • The Resident Grievance Officer must acknowledge the complaint within 24 hours, and resolve it within 15 days of receipt.

New IT Rules related to Digital media and OTT platforms:

• A Code of Ethics has been prescribed for OTT platforms and digital media entities.
• The streaming platforms (Like Netflix and Amazon Prime) will have to self-classify content on five age-based categories: U (universal), 7+, 13+, 16+, and A (adult).
• They need to have suitable parental locks for 13+ content and a robust age verification system for accessing adult content.
• Publishers of news on digital media will have to observe the norms of journalistic conduct of the Press Council of India and the Programme Code under the Cable Television Networks Regulation Act.
• A three-level grievance redressal mechanism has also been established:
  • Level-I: Self-regulation by the publishers
  • Level-II: Self-regulating body: This body shall be headed by a retired judge of the Supreme Court or a High Court or independent eminent person.
  • Level-III: Oversight mechanism: I&B Ministry will formulate an oversight mechanism and establish an inter-departmental committee for hearing grievances. This body will also have censorship and blocking powers.

Advantages of the new IT Rules 2021

1. It will ensure that social media platforms have to keep better checks and balances over their platforms. This will ensure the data is not shared unlawfully. This will ensure adherence to the rule of law.
2. The new IT rules enhance government regulation over social and digital media. This will enhance accountability and prevent arbitrary actions by digital platforms like the recent one by Twitter.
3. The new IT rules will lead to the empowerment of citizens. Since there is a mechanism for redressal and timely resolution of their grievances.
4. Disinformation (Fake and wrong information) of data can be controlled. Since there is proper regulatory mechanism, disinformation can be removed easily. This will reduce instances of fake news, violence, the spread of defamatory content and disruption of public order.
5. Giving due notice before removing content will prevent arbitrary removal of content. 
6. The imposition of print and electronic code of conduct on digital news media would ensure a level playing field for every media.
7. It will strengthen India’s position as a leader in digital policy and technological innovation. For example, China, with its larger digital population, has not been able to provide a fair and open local market for global companies in the digital space due to absence of proper IT Rules and Regulation.

Criticisms of the new IT Rules 2021

1. The New IT rules were not put for public consultation. Especially those related to regulations of online news portals and video streaming platforms. For example, IAMAI(Internet and Mobile Association of India) was not consulted on the proposed OTT guidelines.
2. The rules allow the government to enforce a traceability mechanism. This simply means a threat to the user’s privacy. It will hamper the end-to-end encryption of platforms like WhatsApp. 
3. As the new rules curtail free speech on digital platforms, there will be a sense of fear among the users.
4. The IT Act doesn’t cover content authors and creators like news media. But rules have included them.  This provides discretionary powers to the government. 
5. The proposed oversight mechanism doesn’t have any legislative backing which is generally given to other regulators. 
   • For example, the Telecom Regulatory Authority of India Act provides powers to TRAI (Telecom Regulatory Authority of India). Under the rules, the regulation will be done by a body composed of bureaucrats who might perform discretionary censorship thereby enhancing political control.

Suggestions for smooth implementation of new IT rules

• The government should consult with appropriate stakeholders. This will improve the inclusivity and acceptability of the new IT rules.
• The focus should be on strengthening citizen’s rights by learning from successful global examples like OFCOM (OFCOM is a communication regulator in the UK).
• The government must have a mindset of flexibility and agility to support the rules adequately.
• OTT platforms while regulating the content have to strike a balance. Especially between the diverse Indian society and the beliefs of viewers in India.

The enactment of new IT rules 2021 is a watershed moment that will transform the digital information ecology in India. A fine balance between freedom of speech and the need to curb the misuse in digital platforms have to be maintained. Both the government and the digital platforms will have to work together and fulfill this responsibility. 

What is the news?

The Government of India has released the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021. It aims to regulate social media, digital news media and over-the-top (OTT) content providers.

Key Provisions of the Rules:

Social media companies and redressal: The government wants social media companies to have a mechanism to address complaints from users. It wants social media intermediaries to appoint the following officers:

1. Chief Compliance Officer, who shall be responsible for ensuring compliance with the Act and Rules.
2. Nodal Contact Person for 24×7 coordination with law enforcement agencies.
3. Resident Grievance Officer: He will receive and resolve complaints from users. The officer must acknowledge the complaint within 24 hours, and resolve it within 15 days of receipt.

All these officers have to be residents of India.

Categories of Content that should not be posted: The rules lay down categories of content that the social media platform should not host. It includes content that

• Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order
• Causes incitement to the commission of any cognizable offence or
• Prevents investigation of any offence or is insulting any foreign States
• Content is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy,
• Related to encouraging money laundering or gambling or is inconsistent with or contrary to the laws of India.

Removal of these contents: The rules stipulate that the platforms should remove the content within 36 hours. Duration will count from the receipt of information from a court or the appropriate government agency about the platform hosting prohibited content.

Monthly Compliance Report:

• The platforms will need to publish a monthly compliance report. It should have the details of complaints received and action taken on the complaints.

Track Originator of Message:

• The social media platforms need to disclose the first originator of the objectionable tweet or message if asked either by a court or a government authority.
• This will be required in matters related to the security and sovereignty of India, public order, or with regard to rape or any other sexually explicit material.

 Self-Classification of Content:

• The Over the Top(OTT) platforms would classify the content into five age-based categories- U (Universal), U/A 7+, U/A 13+, U/A 16+, and A (Adult).
• Platforms would be required to implement parental locks for content classified as U/A 13+ or higher.  A reliable age verification mechanisms for content classified as “A” should be placed.

Publishing News on Digital Media:

• Publishers of news on digital media will be required to observe norms of journalistic conduct of the Press Council of India and the Programme Code under the Cable Television Networks Regulation Act.

Penalties for Non-Compliance of Rules:

• In case an intermediary fails to observe the rules, it will be liable for punishment under any law for the time being in force including the provisions of the IT Act and the Indian Penal Code.
• The penal provisions vary from imprisonment for three years to a maximum of seven years, with fines starting from Rs 2 lakh.

Source: Indian Express

New social media rules – an analysis

Synopsis: Recent charges of sedition against individuals have brought back focus to seditions law. The oppression of dissenters is more dangerous for society. It creates more division in society compared to seditious acts. 

Introduction 

In Kedar Nath Singh v. State of Bihar (1962), the Supreme Court defended the constitutional validity of sedition. It noted that it is a reasonable restriction on free speech as provided in Article 19(2) of the Constitution.

The court also made clear that an individual has the right to speak or write anything about the government. However, it should not result in inciting people to violence against the government. 

Why does the sedition law need a relook?

In the Aseem Trivedi case, the Bombay High Court issued guidelines which the police must follow in a sedition case. These guidelines include an objective evaluation of the seditious material. By that police must form an opinion on whether the words and actions caused disaffection and disloyalty to the government. However, the law needs a relook due to the following reasons: 

• Firstly, despite repetitive warnings to law enforcement agencies by courts, there is poor implementation of guidelines given by the court. 
• Secondly, the recent reports show that the number of cases of sedition under Section 124A increased by 160%. Whereas the rate of conviction dropped to 3.3% in 2019 from 33.3% in 2016. 
• Thirdly, in this social media age, information travels at a lightning speed, and Cyberbullies can easily trend wrong information. Any kind of misinformation can lead to public disorder. 
• Fourthly, the U.K. abolished the offence of sedition in 2010. Whereas, India is still retaining the law given by the British Empire.
• Fifthly, various commissions have questioned the efficacy of such a law in the statute book. For instance, the Law Commission of India questioned how far it is justified to retain Section 124A. 

What steps can be taken to deal with sedition?

Sedition laws will not be repealed anytime sooner. In the meantime, courts can adopt an approach that can balance the issue of National security and the right to speech.  

• At present sedition is decided based on a content-based test that reviews only the text i.e. even if a written material not caused any social unrest, it can be held a seditious text based on the words used.  
• Courts must adopt an effect-based test that examines the effects of the seditious text. It means whether the text resulted in violence or not.
• The principles of justice, liberty, equality and fraternity exists in the Preamble to our Constitution. Courts must uphold these principles. 

It is not the alleged seditious acts that are creating fragments in our society; it is in fact the persecution of individuals and labelling them that are really creating cracks in our socio-political ecosystem. 

Criminalisation of government criticisms: Laws and issues

Recently Union Cabinet has approved the proposal to amend the Juvenile Justice (Care and Protection of Children) Act, 2015. This was proposed by the Ministry of Women and Child Development. The proposed changes will strengthen the Child Protection mechanism and ensure smooth implementation of the Juvenile Justice Act.

Who is Juvenile in India? 

Juvenile Justice (Care and Protection of Children) Act,2015 defines “Juvenile” or “Child” as a person who has not completed 18 years of age.

Salient provisions of the Juvenile Justice (Care and Protection of Children) Act 2015:

The Juvenile Justice Act of 2015 replaced the Juvenile Justice Act of 2010. The salient provisions of the 2015 Act are,

1. The Act changed the nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’.
2. Further, the Act defined terms such as abandoned, orphaned and surrendered children.
3. The Act categorized the crimes committed by children into three categories. Such as petty, serious and heinous offences.
4. The Act provided for setting up of mandatory Juvenile Justice Boards (JJB) and Child Welfare Committees (CWC) in every district. Also, these boards and committees must have at least one woman member each.
   • CWC: The Committee have the power to dispose of cases for the care, protection, development, treatment and rehabilitation of the children. Further, the committee also certifies the Child as legally free for the adoption process.
5. Further, the Act made the Central Adoption Resource Authority (CARA) a statutory body. This facilitated better performance and functions of CARA.
6. All Child Care Institutions(CCI) have to register themselves under the Act within 6 months from the date of commencement of the Act.
7. Children in the age group of 16 – 18 years can be treated as adults in the case of heinous crimes. But for treating them as an adult the JJB has to assess the child’s physical and mental capacities and certify the child.

   What is a Heinous offence?
   If an offence attracts minimum imprisonment of seven years or more under any existing law then such an offence is called a heinous crime.

What are the issues with the present Act?

1. Non-compliance to the provisions of the Act: A survey conducted by the National Commission for Protection of Child Rights (NCPCR) points out that not even a single Child Care Institution (CCI) in India was in 100 per cent compliance with the provisions of the Juvenile Justice Act. This is because,
   • If the CCI did not receive a reply from the government within 3 months, it was “deemed as registered’’ for six months, even without government permission. This increased the non-compliance.
   • The survey also found CCIs with large funds, including foreign funding, had been keeping children in unsanitary conditions.
2. Under this ACT, no specific criteria has been provided to check the background of the members of the child welfare committees (CWC).
3. Long pendency of cases: Juvenile Justice Committee of the Supreme Court in 2017 highlighted that about 800-1000 adoption cases are pending in various courts. The committee further pointed out that the delay in adoption is leading to various challenges like not able to get a birth certificate of a child, school admission is not feasible, etc.
4. Ambiguity related to the Offences: The 2015 Act has various ambiguities related to the offences like;
   • At present, there is no mention of a minimum sentence in the Act.
   • Moreover, the Act does not provide what is a serious offence?
5.  There are little oversight and monitoring of CCIs by CWC and the State Child Protection Units. So, District Magistrates are informed about an offence committed by the CCI only after the occurrence of the incident. For example,
   • Ministry of Women and Child Development (WCD) seen an increase in child abuse and trafficking during the Covid-19 lockdown.
   • Further, the Ministry of WCD has also shut down 500 illegal child welfare institutions that had not been registered under the JJ Act.

What are the Proposed amendments by the Ministry of WCD?

The recent amendments aim to strengthen child protection and ensure proper monitoring of CCIs.

1. Clearing the ambiguity: For the first time, the proposal clarifies both heinous and serious crimes. The Amendment for the first time mentioned the category of “serious crimes” and also defined that.
   Serious crime: If an offence under any Indian law attracts a maximum punishment of seven years or more but no minimum sentence is prescribed or a minimum sentence less than seven years is prescribed. Then that offence is considered a serious offence.
   For example, possession and sale of an illegal substance, such as drugs or alcohol, will now fall under the ambit of a “serious crime’’.
2. Reaching the unreached: The amendment will include victims of trafficking, drug abuse and those abandoned by their guardians under the definition of “child in need of care” and protection.
3. Checking the background of the members of CWC more clearly: The amendment will not only check the background of the members of CWC but will also check the educational qualification of a CWC member.
4. Expanding the role of District Magistrates (DM): The amendment provides more power to the District Magistrate to tackle the various challenges faced by the present Act.
   • Speedy disposal of pending adoption cases: The amendment authorizes the DM and Additional District Magistrate (ADMs) to issue adoption orders for faster adoption of children.
   • Increase the scrutiny of Child Care Institutions: DMs and ADMs will monitor the functioning of various agencies under the Act. Like Juvenile Justice Boards, Child Welfare Committees, etc.
     • Further, DMs are empowered to undertake regular inspections of CCIs
     • Apart from that, no new children’s home can be opened without the sanction of the DM.

Suggestions to improve the implementation of Act:

1. Child Welfare Committees are not effectively performing their functions of care, protection and rehabilitation of a child. So, the government have to provide adequate training to the members of CWC.
2. Role of State government: State governments should provide immediate bail to a child who committed petty and serious crimes. Currently, children are staying in welfare homes for a longer time period, as the bail is not getting provided on time by State governments.
3. Training, sensitisation of DM: The current amendment confers many powers upon the DM. But the DM is already overburdened with the other works. So the DMs should get adequate training and sensitisation for faster and effective implementation of the Juvenile Justice Act.

The recent amendment approved by the Cabinet is one of the much-needed steps to ensure proper implementation of the Juvenile Justice Act. But the real change will occur only if the amendment becomes the Act along with the proper training of officials.

What is the News?

A Delhi court has acquitted a former journalist in a defamation case filed by former Union minister.

In this case, a journalist initially made allegations of sexual harassment against the former Union Minister. In turn, a criminal defamation case was filed in Delhi High Court against the journalist by Union Minister. However, Delhi High Court acquitted the journalist of the Criminal Defamation charges in its very recent verdict.

Key Observations made by the Court:

• Sexual abuse takes away the dignity and self-confidence of women. So the right to dignity will be protected not the right of the reputation of a person.
• The women have the right to put her grievance even after decades after the occurrence of the incident.
• As there was no Vishaka Guidelines and The Sexual Harassment of Women at Workplace Act, 2013 at the time of the harassment.

Vishaka Guidelines

In 1997 as part of the Vishaka judgment, the Supreme Court laid down specific guidelines on the prevention of sexual harassment of women at the workplace. The important points of the guidelines were:

• The Vishaka guidelines defined sexual harassment and codified preventive measures like the formation of the complaints committee
• All employers both public and private sector should take appropriate steps to prevent sexual harassment.
• Victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.

• The guidelines were superseded by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The Sexual Harassment of Women at Workplace(prevention, prohibition and redressal) Act, 2013:

The government enacted the Act in 2013. The major provisions of the Act were,

1. Aim: To prevent and protect women against sexual harassment at the workplace and also to ensure effective redressal of complaints of sexual harassment.
2. The Act defines sexual harassment in the workplace. The Act creates a mechanism for redressal of complaints. It also provides safeguards against false or malicious charges.
3. Every workplace is required to constitute an Internal Complaints Committee (ICC). The ICC is mandatory at each office or branch with 10 or more employees.
4. These Internal Complaints Committees have the powers of civil courts for gathering evidence.
5. Penalties have been prescribed for employers. Non-compliance with the provisions of the Act shall be punishable with a fine.
6. Higher penalties and cancellation of license or registration to conduct business is also mentioned if violations are repeated.

Further Section 354A was added to the Indian Penal Code through the Criminal Law (Amendment) Act, 2013 to provide enough punishment for sexual harassment to women at the workplace.

Source: Indian Express

Source: The Hindu

Syllabus: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.

Synopsis: The Medical Termination of Pregnancy (Amendment) Bill 2020 (MTP Bill) does not confer women with rights over their own bodies.

Background

• Recently termination of pregnancy was legalised up to the 14^th week of pregnancy by Argentina’s Congress.
• Parliament of India will also debate the abortion law in this budget session.
• However, the proposed Medical Termination of Pregnancy (Amendment) Bill, 2020 (MTP Bill) is also not providing autonomy to women, unlike Argentina.

Medical Termination of Pregnancy Act 1971

1. The Medical Termination of Pregnancy Act 1971 was enacted to reduce the maternity mortality ratio due to unsafe abortions.
2. The MTP Act only allows termination of pregnancy up to 20 weeks of pregnancy. Further, it requires a second doctor’s approval if the pregnancy is beyond 12 weeks.
3. The grounds on which a pregnancy can be terminated are-
   • If there is a grave risk to the physical or mental health of the woman.
   • If the pregnancy results from a sexual offense such as rape or intercourse with a mentally challenged woman.

Issues in the MTP Act-

• First, the act provides the State with control over women’s rights through legal and medical methods. It gives no regard to the woman’s choice of keeping or terminating her pregnancy.
• Second, It promotes arbitrary interpretation. In one case, the Court held that there were no grounds for abortion since the pregnancy was the outcome of a voluntary act. The woman knew the consequences of her Act.

Thus, due to such circumstances women recourse to the unsafe method of abortion. This is the third-largest cause of maternal deaths in India.

Now, the draft MTP bill 2020 is under consideration. But it is also not providing women with the required autonomy.

Issues in the proposed Medical Termination of Pregnancy (Amendment) Bill, 2020

• First, The bill continuous with the legacy of hetero-patriarchal population control. Thus, men’s control over women’s bodies will continue.
• Second, It still requires the signature of one doctor on termination of pregnancies up to 20 weeks old. For pregnancies between 20 and 24 weeks old, approval of two doctors is required.
• Third, The bill mandates the setup of a Medical Board in every state. The Medical Boards require giving opinions based on the facts regarding the termination of pregnancies. However, their personal beliefs could impact their opinion.
• Fourth, The bill allows safe abortions in case of foetal “abnormalities at any stage of pregnancy. However, it does not consider valid situations for abortion like personal choice, sudden separation or death of a partner or domestic violence.
• Fifth, the word ‘women’ is used in the proposed bill. This can deny access to safe abortion to transgender, intersex, and gender diverse persons.  

Way Forward

• Termination of pregnancy is a woman’s choice to decide her life’s decision as an adult. Women can be responsible for their own choices.
• The Government needs to understand the fact that State or doctors have no right to deny a woman a safe abortion. Otherwise, it will put questions on women’s empowerment in the nation.

Ministry: Health and Family Welfare

Table of contents:

• What is the Medical Termination of Pregnancy (MTP) Act 1971?
• Need for the Amendment
• Salient provisions of MTP Amendment Bill 2021
• Advantages of the proposed Bill
• What are the challenges associated with the present Bill?
• Suggestions

Recently Medical Termination of Pregnancy (Amendment) Bill 2021 is scheduled to be tabled in Rajya Sabha. The MTP bill was passed in Lok Sabha last year. The bill aims to strengthen the abortion rights of women from the earlier Medical Termination of Pregnancy Act 1971. But the bill has certain important challenges associated with it, preventing it to become a comprehensive legislation.

What is the Medical Termination of Pregnancy (MTP) Act 1971?

The Act defines the conditions on which the termination of pregnancy can be made, and the qualified persons to perform the same. The Act aims to reduce the maternal mortality ratio due to unsafe abortions in India.

The act allows a woman to terminate her pregnancy within the first 12 weeks of pregnancy. After consulting an RMP (registered medical practitioner) woman can terminate her pregnancy.

If the women want to terminate her pregnancy between 12-20 weeks, she needs to get an opinion from 2 RMPs. The Medical practitioners have to ascertain that continuance of the pregnancy would risk the life of the pregnant woman or substantial risk (Physical or mental abnormalities) to the child if it is born.

Need for the Amendment:

First,  the present abortion law is five decades old. The law permits abortion up to a maximum foetal gestation period of 20 weeks only. This denies reproductive rights to women. (Abortion is one of the important aspects of women’s reproductive health).

Second, currently, if a woman wants to terminate the pregnancy beyond 20 weeks, she has to follow legal procedure. The slow judicial process in India force woman to take illegal means to terminate the pregnancy. India Journal of Medical Ethics report in 2015 mentioned unsafe abortions were leading to 10-13% of maternal deaths in India. This makes unsafe abortions as the third-highest cause of maternal death.

Third, the advancement of science. After the 20^th week, many foetal abnormalities can be detected using techniques like Ultrasonography. As the current law limit the time to 20 weeks, it can cause trouble to the mother as well as children in the near future. Hence, its extension is much needed.

Fourth, International practice: 52 % of global countries including the UK, Ethiopia, Austria, Spain, Italy, France allow termination of pregnancy beyond 20 weeks if there are any foetal abnormalities. 23 countries including Germany, Canada, Vietnam allow termination of pregnancy at any time based on the request of the mother.

Salient provisions of MTP Amendment Bill 2021:

First, the Bill extends the upper limit for permitting abortions from the current 20 weeks to 24 under special circumstances. This is applicable to a “special category of women”. Victims of abuse, rape survivors, the differently-abled, and minors fall under this category.

Second, the Bill proposes the requirement of the opinion of one registered medical practitioner (RMP) for termination of pregnancy up to 20 weeks of gestation.

Third, the Bill provides for two RMPs opinions for termination of pregnancy between 20 and 24 weeks.

Fourth, Bill constitutes a Medical Board. Every state government has to constitute a medical board. These medical boards will diagnose pregnant women for substantial foetal abnormalities. If any such substantial foetal abnormalities get detected then the termination of pregnancy can be done even after 24 weeks of gestation (no upper limit for the termination of pregnancy in this case).

The Medical Boards will consist of the following members:

1. 1.  a gynecologist,
   2.  a pediatrician,
   3. a radiologist or sonologist,
   4. any other number of members, as may be notified by the state government.

Fifth, Bill protects the privacy of a woman. No RMP can reveal the name and other particulars of a woman who performs the abortion. However, RMP can reveal the identity to a person authorised by law. The violation of this provision is punishable with imprisonment up to one year, or a fine, or both.

Advantages of the proposed Bill:

First, the Bill raises the foetal gestation period for termination of pregnancy beyond 20 weeks. The MTP Bill also includes a special category of women. In short, the bill enables access to safe abortion and curb illegal abortion practices.

Second, the 1971 MTP Act states that, if a minor wants to terminate her pregnancy, the guardian has to provide written consent. The proposed bill has excluded this provision.

Third, the Bill will strengthen the reproductive rights of women. The Supreme Court in Mrs X v. Union of India, 2017 case has recognised women’s right to make reproductive choices and their decision to abort as a dimension of their personal liberty. The court also mentioned abortion primarily fall within the Right to Privacy.

Fourth, the Bill will reduce the burden on the Judiciary. At present, there are many cases registered in court seeking permission for abortion beyond 20 weeks. Meanwhile, with the establishment of the Medical Board, the burden on the judiciary will reduce.

What are the challenges associated with the present Bill?

First, the constitution of the Medical board. The constitution of the medical board presents a variety of challenges such as

• The present healthcare budgetary allocation (1.5% of GDP) makes setting up a board across the country, both financially and practically impossible.
• Apart from that, even if it is set up, access to the board by pregnant women in remote areas of the state is a matter of concern.
• No time limit is set for the board to respond to the requests.
• The board subject women to multiple examinations before allowing her to terminate her pregnancy. This is a violation of rights to privacy and dignity.
• Personal beliefs could impact the medical board’s opinion. For example, Madhya Pradesh High Court denied terminating the pregnancy of 13-year-old rape survivor only because a psychiatrist on the medical board had not supported her abortion.

Second, the amendments continue the patriarchal population control legacy. The bill does not give women control over their own bodies. It requires the medical practitioner’s opinion and not the request or will of pregnant women alone.

Third, the current bill does not consider a few important things in the termination of pregnancy. Such as personal choice, a sudden change in circumstances (due to separation from or death of a partner), and domestic violence.

Fourth, the amendment also fails to consider the abortion rights of intersex, transgender, and gender diverse persons.

Suggestions:

First, the government needs to amend the bill to include a few changes in the Medical Board.

• The government has to specify a time limit for the board.
• The government have to consider the majority of opinion of the board members to avoid personal belief’s interfering with the board opinions.

Second, the government has to introduce personal choice, a sudden change in circumstances, and domestic violence as a criterion. Apart from that, the bill must include abortion among intersex, transgender, and gender diverse persons.

Third, the government might include a provision of will to terminate the pregnancy at an early stage within 20 weeks without the opinion of RMP. On the other hand, the government also have to release clear guidelines to restrict,

• • Women performing abortions to prefer a male child
  • Women performing abortions due to family pressures etc.