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SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE 1 | PAGE 2

Executive EditorGeetha Krishna

Contributing EditorsTharun BathiniSpriha Pandey

Managing EditorsFor Legislative BriefsDrishti Vishwanath

Tharun Bathini

Cover DesignAkhil Reddy

Source: Google Images

Newsletter DesignGeetha Krishna

Editorial Team In this Issue

Policy engagementStudent engagement with Policy……………………………………………………………….3

Faculty PublicationAseem Prakash, The Hybrid State and Regulationof Land and Real Estate………………………………………………………………………….…7

Amit Upadhyay; Shasheej Hegde,Back to the Rough Ground of Rights: Pathways for aHistoricisation of ‘Civil Liberties’ in India..........………….…………………………….…7

Legislative BriefsThe Right of Children to Free and Compulsory Education(Second Amendment) Bill, 2017…....………………………………….................................9

The Citizenship (Amendment) Bill, 2016....................................................................12

The Whistle-blowers' Protection (Amendment) Bill, 2015………………………..16

The Constitution (One Hundred and Twenty Third Amendment) Bill, 2017…………………………20

The Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2017………………………………………………………………………….....23

The Muslim Women(Protection of Rights on Marriage) Bill, 2017………………………………………………………………………………………………...26

The Transgender Person (Protection of Rights) Bill, 2016………………………..28

The Consumer Protection Bill, 2018………………………………………………………...32

Ancient Monuments and Archaeological Sites Remains (Amendment) Bill, 2017…………………………………………………………………………..36

Budget FocusNational Health Protection Scheme; The Behemoth Plan of the Govt………..40

Minimum Support Price…………………………………………………………………………..42

Parliamentary NewsWinter Session 2017….......................................................................................................45

SPPG Seminars/Workshops/ Perspective Lectures Perspectives; December 2017 – February 2018 Series……………….…….........…48

AcknowledgementThe information and photos containedin this newsletter are produced bySchool of Public Policy and Governance,TISS Hyderabad Off Campus. Howeversome of the information and photosmay have been taken from othersources. The editorial team of thenewsletter acknowledges all suchmaterial.

DisclaimerThe newsletter is an attempt todisseminate the academic efforts andintellectual activities of the students ofthe School of Public Policy andGovernance. The views expressed inthis newsletter are the authors’ ownand do not reflect the views of TISS orthe School of Public Policy andGovernance.

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Policy engagement

Policy Evaluation: Last Mile Delivery ofPublic Policies

The graduate students of the School ofPublic Policy and Governance were invited by theDistrict Collector of the Vizianagaram District,Andhra Pradesh to conduct case studies on twoinitiatives active in the district:

1. Chitti Guruvulu- a community based adulteducation programme, and

2. Rythu Sevalo Revenue Sakha- a districtadministration fueled move to bring revenueservices to the doorstep of farmers.

The case study initiative by the schoolculminated in reports on 'Last Mile Delivery ofPublic Services in Remote Regions' looking atinstitutional reasons for the success of theseprogrammes.

Little Masters Creating New Avenues inAdult Literacy: A Case Study of ChittiGuruvulu –http://www.tiss.edu/uploads/files/Little_Masters_Creating_New_Avenues_for_literacy.pdf

Revenue Services at the Doorstep: ACase Study of Rythu Sevalo RevenueSakhahttp://www.tiss.edu/uploads/files/Revenue_Services_at_the_Doorsteps.pdf


Socio-Economic and DevelopmentStatus of Selected Tribal Villages inParavathipuram

The report on “Assessment ofSocio-Economic and Development Status ofSelected Tribal Villages in Parvathipuram:Implications of Public Policy” is a culminationof the efforts of the graduate students ofSchool of Public Policy and Governance - TISS,Hyd. In order to interlink the theoreticallinkage taught in classrooms with livedrealities, the students carried out fieldwork infive Mandals of Parvathipuram to analyse thesocio-economic conditions of the inhabitants inthe region with special focus on theParticularly Vulnerable Tribal Groups, namelyGadabas and Savaras. The report is anamalgamation of brief analysis of five mandalscovered during the survey, that is, Salur,Kurupam, Gummalakshmipuram, Pachipentaand Komarada. Each chapter ends withrecommendations highlighting focus areas oflivelihood, education and health.

http://download.tiss.edu/Batch2019ExperientialLearningDecember2017.pdf

Participation in MediaNaveena TV9

Naveena, a TV9 program whichtakes up subjects that are taboo in the societyrecently aired an episode on TransVision, India'sfirst YouTube channel with content written anddirected by transgender people. TransVision'smission is to dispel stereotypes surrounding thecommunity by providing accurate and scientificinformation on socio-cultural, religious,economic and political aspects of the community

Kalyani and Haritha, students ofSchool of Public Policy and Governanceparticipated in this episode. Kalyani'sintervention was related to the field work doneduring her second experiential learning, amandatory component of Social Conflict andPublic Policy concentration. Aadhaar is beinglinked to various entitlements and it has 'Other'gender category while documents like PAN carddon't have it leading to mismatch in genderentry. She spoke about how this mismatch iscreating hurdles for the transgender communityin obtaining documents in desired name andgender. Later in the episode, RachanaMudraboyina, a noted transgender activistspoke about the contribution of students toscript for Telugu programmes in the channel.

https://youtu.be/V1o-kNPJD78


Student Presents Paper at Urban ARC 2018

Sushant Deshpande IIHS Presentation

Sushant Deshpande, student of the School ofPublic Policy and Governance presented hispaper entitled 'Hopping on to the‘urbanisation’ bandwagon with manualscavengers' in Waste, Technology and theCity panel at Urban ARC 2018, the annualresearch conference of Indian Institute forHuman Settlements (IIHS) on 13th January2018.

The panel was live-streamed on thefollowing link - https://goo.gl/GAV4im

The paper attempts to deal with theproblems faced by manual scavengers inurban areas. He conducted research in thecities of Delhi, Mumbai and Thane focusingon the role of Urban Local Bodies (ULBs) insolving the issue of manual scavenging. Thepaper also throws light on the amount oftechnological presence currently felt bymanual scavengers and provides key areaswhere technology can be applied with thesupport of ULBs.

Aprajita Verma and GeethaKrishna, students of School of Public Policyand Governance presented a case study on'Understanding the Urban Poor: A Multi-Stakeholder Perspective Study of AnnapurnaCanteens in Hyderabad” in an interactivesession with students and faculty from CornellUniversity.

The case study centered onAnnapurna Canteens, a scheme run by GreaterHyderabad Municipal Corporation (GHMC)offering meals at Rs. 5. It was a collaborativestudy by first year graduate students of theschool which aimed to provide a criticalaccount of the scheme by locating it in thecurrent streams of public policy in the state. Inaddition, gaps and recommendations werediscussed.

Presentation of Report on AnnapurnaCanteens


Public Policy and Data: An Initiative by the Graduate Students of SPPG

Given the increasing reliance ondata-informed policy formulation, the Schoolof Public Policy and Governance has initiateda publication titled School of Public Policyand Governance Data Series.

The attempt is a first of its kindfrom the School of Public Policy andGovernance and aims to be a platform wherethe students can put forward theirpreliminary attempts of understanding thepolicy concerns by engaging with theempirical nuances of the sector they aredealing with. This series aims to bring out aset of data-analysis conducted by the finalyear graduate students, using national andinternationally known micro-data seriesaided by the statistical, econometrics, GIStools.

This series attempts tounderstand a variety of concerns acrosssectors and the students also look at thepossible ways of further policy explorationsin the sectors dealt with through the policyrecommendations they provide. However,given the nuances of the sectors that thestudents deal with there are limitations to

the scope of this attempt. Data Series hopesto take its work to a broader audienceengaged in policy making, bureaucracy andNGOs, in a comprehensible format.

The students have worked on the followingseries:• Amit Babu- Open Defecation and Public

Sanitation in India

• Chungkham Sonny- How much does Indiaspend on cycle rikshaw?

• Huidom Boicha Singh- Religiousexpenditures in India

• Mehak Bhatia- Transport expenditureand Urbanization

• Nihal Ranjit- Whose right is the Right toWater? A peak into numbers

• Sneha Kuriakose-Is higher spending ontemptation goods a reality amongIndia's poor?

• Soumyaparna Samanta- An empiricalstudy on violence against women andthe Interlinkages with Women LaborForce participation

• Syed Jaasirah Syedain- What affectsHigher Education in India?

• Vijay Pamarathi- Out- of- Pockettransport expenditure; Precarity for theurban poor

• Vishal Udaykumar-Inter-state and Socio-Religious category wise travel for healthservices in India


1. Aseem Prakash

'The Hybrid State and Regulation of Land and Real Estate' in Review of Development and Change, Volume XXII, Number; January-June 2017, pp. 173-197

How are neoliberal reforms in landdevelopment and real estate markets in Gurugram(India) operationalised? How are marketpromoting and market-creating policies shapedand implemented in he specific land and realestate markets of Gurugram? In order toengage with these questions, this paper invokesthe concept of the hybrid state, which helps usunderstand the formal and informal dynamics ofthe state’s endeavour to regulate economicactivities in the interest of economic growth andrevenue while also adhering to path-dependentinformal socio-political norms and reshapingnewer forms of informality.

2. Amit Upadhyay; Shasheej Hegde

"Back to the Rough Ground of Rights: Pathways for a Historicisation of ‘Civil Liberties’ in India" in History and Sociology of South Asia, Vol 12, Issue 1, 2018, pp. 1-15

This article is directed athistoricising the language and practice of ‘civilliberties’ in India, and it does so by addressing thespecific contingencies that have marked its earlytwentieth-century trajectory that continue toresonate in our historical present. Of course, theimmediate point of departure for the article is amethodological fixation with what has beentermed as a ‘political approach’ to rights, whoselimits set the terms for a more historicallyresonant and contextually determined approach toan appraisal of normative languages like rightsand civil liberties in highly charged politicalcontexts. In thus illustrating the argument that thepolitical approach to rights has translated into aconstriction of the space of our normativelanguages, the effort here is also to set inperspective the pathways for a historicisation of‘civil liberties’ in India—one sensitive to itssubterranean regulatory folds that served toconstitute the inner and outer limits of protestacross socio-political collectivities active in thehistorical fields of action germane to the twentiethcentury India. These regulatory folds havepersisted and sustain themselves well beyond thecontours of the Constituent Assembly (CA) thatwent on to make for a republican India (althoughthis latter point is only being hinted at within thebroad ground traversed by this article).

http://journals.sagepub.com/doi/10.1177/2230807517732489

Faculty Publication


Legislative Briefs


Legislative Briefs

The Right of Children to Free and Compulsory Education (Second Amendment) Bill, 2017

Author of the brief: Geetha Krishna Graduate Student, SPPGTISS- Hyderabad

Objective: To improve learning outcomes in the elementary classes.

Summary

• This Bill proposes an amendment for section16 in the Right to Education Act 2009 i.e., nodetention policy

• Proposes a regular examination at the end ofclass 5 and class 8

• Provision for additional instruction and re-examination within two months from thedate of declaration of results

• Detention of students who fail in the re-examination

• No holding back of any student beforecompleting elementary education

• No child to be expelled from school tillcompletion of elementary education

IntroductionRight to Education Act passed in

2009, envisions free and compulsory educationfor all children.

The Act indicated attempts totackle the ills which stood as barriers fromchildren accessing education. One suchattempt maybe observed through the NoDetention Policy which urges for promotion ofstudents into the next class without externalexaminations and no detention (See section 16,30 (1) of the RTE Act, 2009).

Simultaneously, Act showedpositive signs by introducing Continuous andComprehensive Evaluation (CCE) to reducesupremacy of external examinations. The CCEguidelines were framed in line with theexamination reforms suggested by KothariCommission (1964-66) after muchdeliberation and discussions.

Integration of CCE componentwithin RTE is an indication of the significanceattached to ensuring quality of education beingimparted among children.

BackgroundNo detention policy has been

envisioned to ensure access to education for allchildren. It has been introduced with an aim toretain students in schools and reduce dropoutrates.

Simultaneously, Continuous andComprehensive Evaluation (CCE) has beenintegrated with RTE which would address bothscholastic and non-scholastic aspects ofeducation, with specific teaching learning timeand assessments in grades and not marks.

The bill originates from variousState governments reporting undesirableconsequences, arising out of the no detentionpolicy. Bill indicates that States have reportedlower learning levels as there is no provisionfor holding back students.

Bill introduced in Lok Sabha

Referred to the Standing Committee on Human ResourceDevelopment

Committee expected tosubmit its report

11- 08- 2017

22- 08- 2017

21- 02- 2018

Time-Line of Legislation


Policy Analysis and Implications

A clear distinction betweenensuring retention of students in schools andimproving quality of education must beestablished prior to understanding theimplications of this amendment.

No Detention Policy does not seekto improve quality of education, rather investsitself on reducing dropout rates arising out ofcompetition, students’ inability to integratethemselves in the conventional systems ofeducation to secure required marks to moveinto further classes of schooling.

Based on data released by DistrictInformation System for Education (DISE),released by National University of EducationPlanning and Administration (NUEPA), drop-out rates of children across all States in primaryeducation, has reduced from 25.4 % in 2008-09to 4.13% in 2014-15 indicating an impact of NoDetention Policy on dropouts.

Alternately, CCE is a mechanism toevaluate students’ capacities in a manner whichallows schools and teachers to capture thestrengths of individual students and improvetheir capacities thereafter. It short CCE is aninstrument to facilitate quality of educationamong students. Several States have adapted toCCE after 2012 and even post 2014 indicatingthat quality improvement tools have notcompletely unfolded.

In addition, given that manystudents in India are still first or second-generation learners, learning abilities varyconsiderably and larger scope for moredetentions.

A replacement of No DetentionPolicy would imply the following:

Possibilities of increase in studentdrop outs due to demotivation arising out of theidea of school education being redundant sincespending more than required years of schoolingto acquire basic qualification (due to detention)post which absorption into job markets is low.

While amendment clearly readsthat schools may not expel students, butvoluntary discontinuation is a possibility.

The Policy presumes thatsubstituting No Detention Policy would lead toincrease in quality of education. This kind of acorrelation which ignores that fact that theability to pass any examination depends onlearning levels of students which is notcaptured in a regular examination. This is theannual average rate of dropouts.

Recommendations/Un-addressed ConcernsWhile this Bill is based on

suggestions from various States on NoDetention Policy, following key concerns maybelooked into for achieving the objective the Billseeks to achieve.

Assessment of CCE in terms of structure andimplementation must be carried out tounderstand the hurdles

There should be substantial correlation andcausation established which can traceincrease in quality of education by replacingNo Detention Policy

What other measures will be taken to ensureimproved quality of education received ,without which scope for detention remainslarge.

More clarity in the mechanism forconducting this examination at the end ofClass 5 and 8 may be provided


References(Lok Sabha, 2017). The Right of

Free and Compulsory Education (SecondAmendment) Bill, 2017.https://doi.org/10.1177/004908570904000102

Skill, don’t detain: on scrapping no-detention policy. (2017, August 07). The Hindu.Retrieved January 14, 2018, fromhttp://www.thehindu.com/opinion/editorial/skill-dont-detain-on-scrapping-no-detention-policy/article19439937.ece

Mukherjee, D. (2011). ReducingOut-of-School Children in India: Lessons from aMicro Study (India, Government of India).National University for Education Planning andAdministration

National University of EducationPlanning and Administration. (2016). SchoolEducation in India. New Delhi.(Lok Sabha, 2017). No Detention Policy.Government of India


Legislative Brief

The Citizenship (Amendment) Bill, 2016

Author of the brief: Sampriti Mukherjee Graduate Student, SPPGTISS- Hyderabad

Introduction

The idea of defining citizenshiphas been arduous given that India faced aninflux of people during Partition and continuesto handle a recurrent inflow of immigrants andrefugees due to domestic instability in adjacentcountries. Hence, deliberating this dynamicidea of citizenship has been a debacle at everystage, from the drafting of the IndianConstitution to legislating the presentcitizenship and immigration laws.

The primary statute dealing withnationality is the Citizenship Act, 1955 whichlists out the terms through which citizenshipcan be acquired. It defines and postulates theconditions for citizenship by birth, descent,registration, naturalisation, by incorporation ofterritory into India as well as regulatesregistration of Overseas Citizen of IndiaCardholders (OCIs) and their rights. This Acthas been sought to be amended through the

Citizenship (Amendment) Bill, 2016.

Highlights of the Citizenship (Amendment) Bill, 2016

The Citizenship (Amendment) Bill,2016 focuses on three key aspects, namely:definition of illegal immigrant, citizenship bynaturalisation and cancellation of registrationof OCIs. Highlights of the Bill are:

• This Bill seeks to amend the Citizenship Act,1955 so that certain minority groups willnot be treated as illegal migrants, that is:Hindus, Sikhs, Buddhists, Jains, Parsis andChristians from Afghanistan, Bangladeshand Pakistan.

• The condition for citizenship bynaturalisation has been amended so thatpersons belonging to the same six religionsand three countries must have resided inIndia during the last 12 months and forprevious 6 years instead of priorrequirement of 11 years

• The terms of Overseas Citizen of Indiacardholders has been modified such thattheir registration can be cancelled if theyviolate any law in force.

A comparison of the amended Billwith the earlier provisions have been made ina table in the following page:


Due to united opposition in theLok Sabha, it was consequentlyreferred to a Joint ParliamentaryCommittee under theChairmanship of Dr. SatyapalSingh. Report will be submitted inParliament’s Budget session, 2018.Pending

19-07-2016

Status



Provisions Citizenship Act, 1955 Citizenship (Amendment)Bill, 2016

Definition of Illegal migrants The Act prohibits illegalmigrants from acquiring Indiancitizenship. An illegal migrantis a foreigner who: (i) entersthe country without validtravel documents, like apassport and visa, or (ii) entersthe country with validdocuments, but stays beyondthe permitted time period.

Amendment provides that thefollowing group of persons willnot be treated as illegalmigrants: (i) Hindus, Sikhs,Buddhists, Jains, Parsis andChristians from Afghanistan,Bangladesh and Pakistan (ii)who have been exempted fromprovisions (Entry into India),1920, and the Foreigners Act,1946 by the centralgovernment.

Citizenship by naturalisation The Act allows citizenship bynaturalisation if the personmust have resided in India orserved the central government(i) for the 12 monthsimmediately preceding theapplication for citizenship and(ii) for 11 of the 14 yearspreceding the 12 month period

For people belonging to thesame six religions and threecountries, the Bill reduces the11 year requirement to 6 years.

Cancellation of registration of OCI cardholder

The Act provides that thecentral government may cancelregistration of OCIs if (i) if theOCI had registered throughfraud, or (ii) if within five yearsof registration, the OCI wassentenced to imprisonment fortwo years or more.

The Bill adds one more groundfor cancelling registration thatis if the OCI has violated anylaw in the country which is inforce.


Analysis of the Bill

Differentiation on grounds of religionThis Bill promotes only specific

communities from three countries to be madeeligible for Indian citizenship, withoutelucidating on what grounds the particularminority groups were chosen. In the absence ofa clear rationale, it is questionable as to whyother minority groups from the given countries,for instance Jews, Atheists, and Bahais fromAfghanistan, Bangladesh and Pakistan havebeen excluded.

It is interesting to note that this Billmakes no mention of Muslim migrant groupssuch as Shia, Ahmediya sects and RohingyaMuslims who face oppression in Pakistan andMyanmar, respectively. This differentialtreatment to illegal migrants goes againstArticle 14 and 15(1) of Indian Constitutionwhich guarantees equality before the law aswell as prohibits discrimination on grounds ofreligion, race, caste, sex or place of birth to allpersons, be it citizens or foreigners.

Legal fallacies with respect to refugee lawThe Bill terms minority religious

people as migrants, although the correctterminology should be refugees. In severalpublic announcements, the intent of the Bill hasbeen described as a need to provide shelter forreligiously victimised people whosefundamental rights have been jeopardised.However, this contravenes the idea of migrationwhich is but voluntary movement of people forbetter economic prospects. The proposed billalso contradicts India’s long-standing approachto refugees, whose primary condition was thatwhen normalcy returns, refugees would have toreturn to their homeland. On the contrary, thebill provides citizenship rights to particularrefugees as well as eligibility for their fast-tracked citizenship.

Modification in cancelling OCI registrationThe Bill provides an extensive basis

for terminating OCI registration for a range ofviolations from serious offences such as murderto minor offences like transgressing traffic laws.This could be problematic as cancellation of OCIregistration due to minor offences could lead toadditional hassle to the OCI staying in India.

Points of concernsPrincipled Distance and Secularism: Theprovisions of the Bill are in contravention to theidea of secularism as enshrined under thepreamble. The idea of Indian secularism hasbeen built on principled distance from religiousaffairs, and this bill by making the religiousmarkers in the citizenship law explicit, negatesthe very principle.

Debacles of political-economy: The Bill seeksto construct citizenship into an exclusionarymodel which might lead to changing thedemographics of border-states. This issue hasalready led to unrest in Assam as the Billcontravenes Assam Accord of 1985 which statesthat illegal migrants who had entered Assamfrom Bangladesh after March 25, 1971 were tobe identified and deported.

Concept of Indian citizenship: The basis ofIndian citizenship has been through “right ofthe soil” (jus soli citizenship) which conferscitizenship to anyone born in its territory.However, this bill deviates from this conceptionto emphasis on individual’s descent (jussanguinis citizenship). The provisions of the Bill,thus, is almost verging on an idea of selectivereligious and ethnic citizenship.


References

Lok Sabha. (2016). The Citizenship(Amendment) Bill, 2016. (Bill no. 172 of 2016).Retrieved January 16, 2018, fromhttp://www.prsindia.org/uploads/media/Citizenship/Citizenship%20%28A%29%20bill,%202016.pdf

Government of India. (1955). TheCitizenship Act, 1955. (Bill no. 57 of 1955).Retrieved January 16, 2018, fromhttp://mha1.nic.in/pdfs/ic_act55.pdf

Garg, L. (2016, September 21). IfIndia wants to remain secular, the newCitizenship Bill isn’t the way to go. The Wire.Retrieved January 15, 2018, fromhttps://thewire.in/67272/citizenship-amendment-bill-2016/

Chaturvedi, A. (2016, September27). Legislative Brief: The Citizenship(Amendment) Bill, 2016. PRS LegislativeResearch. Retrieved January 16, 2018, fromhttp://www.prsindia.org/uploads/media/Citiz

enship/Legislative%20Brief%20Citizenship%20Amendment%20Bill%202016.pdf

Jayal, N.G. (2017, February 20). The2016 Citizenship Amendment Bill consolidatesa trend towards a majoritarian andexclusionary concept of Indian citizenship. TheCaravan. Retrieved January 15, 2018, fromhttp://www.caravanmagazine.in/vantage/2016-citizenship-amendment-bill-majoritarian-exclusionary

Kapur, W. (2017, March 11). Thetrouble with India’s new citizenship bill. TheDiplomat. Retrieved January 16, 2018, fromhttps://thediplomat.com/2017/03/the-trouble-with-indias-new-citizenship-bill/


Legislative Brief

The Whistle-blowers' Protection (Amendment) Bill, 2015

Author of the brief: Aprajita VermaGraduate Student, SPPGTISS- Hyderabad

Introduction

The individuals who blow the lidon corruption typically run the risk ofoffenders striking back, often fatally, as severalattacks on whistle-blowers in our country havehighlighted. Unlike other anti-corruptionlegislations such as the Lokpal Bill or the Rightto Information Act, the law on Whistle-blowerProtection is different as its focus is notcorruption itself but the warriors in the battleagainst corruption.

The Whistle-blowers ProtectionAct, 2014 serves as an acknowledgement of thestate’s moral obligation to protect people who,at great risk and peril, expose corruption andwrongdoings in the system. It provide astatutory mechanism for receiving andinquiring into ‘public interest disclosures’against acts of corruption, wilful misuse ofpower, or criminal offences by public servants.

The Whistleblowers Protection(Amendment) Bill, 2015 seeks to re-structurethe Act on three major grounds:

information disclosure, procedure to determineprohibited disclosures, compliance with the OfficialSecrets Act (OSA), 1923.

The introduced Bill amends the Act on a widespectrum of public activity, as outlined in a table inthe following page.

HIGHLIGHTS OF THE WHISTLEBLOWERS PROTECTION ACT, 2014

Under the Whistleblowers Protection Act,2014, any person (i.e. a whistleblower) maymake a public interest disclosure against apublic servant before a CompetentAuthority. Purview of the Act: Extended toall public servants, including ministers,regulatory authorities, governmentemployees, etc.

Nodal body: Central and StateVigilance Commissions

Time frame: A 7-year time limit tobring complaints, dating from the timethe alleged corrupt practices occurred.

Penalties: The Bill penalises anyperson who has disclosed the identityof the complainant and also prescribespenalties for knowingly making falsecomplaints.

In essence, the whistleblower lawattempts to balance two conflictinginterests – the need to protectwhistleblowers as well as honestofficials from undue harassment.


Passed by Lok Sabha

Pending

11- 05- 2015

13- 05- 2017

Status



Table 1. Comparison of the Whistleblowers Act, 2014 with the Amendment Bill, 2015

Whistleblowers Protection Act, 2014

Whistleblowers Protection (Amendment) Bill, 2015

Disclosure of information

The Act allows disclosure to be made on any acts of corruption, abuse of power or criminal offence by a public servant.

The Bill prohibits disclosure if it involves information related to: (i) Sovereignty, scientific or economic interests (ii) Cabinet proceedings (iii) Contempt of court (iv) Breach of privilege of legislatures (v) Commercial confidence & intellectual property (vi) That received in a fiduciary capacity (vii) That received from a foreign government (viii) That which could endanger a person’s safety, etc. (ix) That which would impede an investigation, etc. (x) Invasion of privacy.

However, the Bill allows disclosure of information related to (ii), (v), (vi), and (x) if it is available under the Right to Information Act, 2005.

Procedure to determine prohibited disclosures

Not applicable. The Act does not prohibit disclosure of any information.

If a disclosure falls under the abovementioned categories, it will be referred to a government authorised authority. The authority will take a decision on the disclosure, which will be binding.

Compliance with the Official Secrets Act (OSA), 1923

The Act permits disclosures that are prohibited under the OSA.

[The OSA prevents documenting or communicating any information, etc., if it violates national security]

The Bill reverses this to disallow disclosures that are prohibited under the OSA.


Policy analysis & implications

Fallacies in definitionsThe Act and the Bill define

“disclosure” as a complaint related tocorruption, any criminal offence or wilfulmisuse of power that leads to loss to thegovernment or gain to the public servant. Thisdefinition is narrower that the onerecommended by the Law Commission, whichincluded ‘mal-administration’ – actions that areunjust, cause undue delay or negligence, andlead to waste of public funds. This in turnimplies that disclosures related to unjustactions of public officials will be excluded fromany scrutiny.

While both legislations empowerthe Vigilance Commission to issue directions toconcerned authorities in order to protect acomplainant or witness, they do not elucidateon what constitutes “victimisation”. In additionto this, there is no penalty against the publicservant who may be victimising thecomplainant. For a country where cases ofvictimization are not just restricted totermination of employment or setbacks incareer, and it often takes the form of assaultsand murderous attack on the whistleblower, itis inexplicable as to why the law does not defineor penalise victimisation.

Inadequate safeguards for whistleblowersThe 2014 Act requires every

complainant to furnish their identity. There areno provisions for anonymous complaints. TheVigilance Commission is to protect the identityof a complainant; though it is not mandatoryunder all circumstances. The Act allows theCommission to reveal the identity to the Headof an organisation, however it does not outlinethe grounds on which such identity revelationmay take place. The Amendment Bill is alsosilent on this matter.

The Amendment Bill seeks to remove immunityprovided to whistle-blowers from prosecutionunder the Official Secrets Act for disclosures,thereby precluding genuine whistleblowers inseveral scenarios. For instance, complaintsexposing corruption in nuclear facilities orsensitive army posts will not be inquiredbecause they contain information relating to‘national security’. However, it is important toconsider that the country would only benefit ifsuch wrongdoing is exposed

Parallels drawn between RTI Act and theWhistleblowers ActAccording to the 2015 Bill, the rationale behindthe above-mentioned prohibited categories isthat they have been modelled on the 10categories of information that cannot berevealed under the Right to Information Act,2005. Additionally, the Bill allows for disclosureunder certain prohibited categories only if theinformation is available under the RTI Act.However, it fails to take into account scenarioswhere government officials may come acrossevidences of corruption in the course of theirwork, without requiring RTI Act to accessrelevant information. In effect, a combination ofprovisions is being used to increase theadministrative hassles involved in the processof reporting corruption in sensitive matters.It is interesting to note that the RTI Act permitsrelevant public authority to discloseinformation that falls under the 10 categories ofprohibited information and the Official SecretsAct 1923, if the public interest in revealinginformation outweighs the harm done toprotected interests. The Act also allows a two-stage process to appeal against a decision towithhold requested information. In contrast,the Whistleblower (Amendment) Bill 2015does not consist of such enabling provisions,despite being modelled upon the RTI Act.


Features of government authorised authoritynot specified

The Bill states that a public interestdisclosure that falls under any of the 10prohibited categories of information will bereferred to a government authorised authority,whose decision will be binding on the matter.The Bill, however, is silent on the designation ofthis government authority. Under the absenceof such provisions, the independence of thisauthority may be at risk in several instances,such as when the authority is junior in rank tothe public servant against whom the disclosureis made.

Limited power of Vigilance CommissionsIf the inquiry conducted by the

Vigilance Commission substantiates allegationof corruption, it shall recommend appropriatemeasures to the public authority. In otherwords, the Competent Authority has no powersof prosecution — it can only recommendcorrective (including any penal action) againstconcerned public officials. It can be questionedas to why the law does not appoint the Lokpalor Lokayukta as the ‘Competent Authority’ forreceiving and investigating disclosures as theyhave varying levels of prosecution powers.

ReferencesGovernment of India. (2014). TheWhistleblower Protection Act, 2014 (No. 17 of2014). Retrieved January 12, 2018, fromhttp://www.prsindia.org/uploads/media/Public%20Disclosure/Whistle%20Blowers%20Protection%20Act,%202011.pdf

Government of India. (2014, December 11).Present Status of Whistleblowers ProtectionAct, 2014. Retrieved January 15, 2018, fromPress Information Bureauhttp://pib.nic.in/newsite/PrintRelease.aspx?relid=113101

Government of India. (2015). TheWhistleblower Protection (Amendment) Bill,2015 (No. 154 of 2015). Retrieved January 12,2018, fromhttp://www.prsindia.org/uploads/media/Public%20Disclosure/Brief%20Whistleblowers%20Protection%20(Amendment)%20Bill%202015.pdf

Recommendations• A broad definition of disclosure, including

instances of mal-administration, wouldaddress a range of torture mechanismsthat are routinely inflicted on people bycorrupt government departments—“undue delay” being an especially popularone.

• Defining the wide array of activities thatconstitute victimisation in the Indiancontext will go a long way instrengthening the protection forwhistleblowers. In sync with this, specificcriminal penalties for physical attacks onwhistleblowers and civil penalties forworkplace retaliation should beincorporated.

• To further the safeguards available forwhistleblowers, a witness protectionprogramme to protect witnesses duringinvestigation and trial can be considered.

• To reconsider amendments that wouldfundamentally dilute the law (such asprohibiting disclosure on multiplegrounds and compliance with OSA) andprovide an opportunity for publicconsultation to ensure a detaileddeliberation on several provisions of thelaw


Legislative BriefThe Constitution (One Hundred and TwentyThird Amendment) Bill, 2017

Author of the brief: Drishti VishwanathGraduate Student, SPPGTISS- Hyderabad

Highlights of the Bill

Objective: This Bill seeks to establish theNational Commission for Backward Classes(NCBC) by an insertion of Article 338B in theConstitution. This Commission is to be providedconstitutional status at par with the NationalCommission for Scheduled Castes and Tribes.

FunctionsIt promotes affirmative action by

granting the Commission authority to look intocomplaints regarding the deprivation of rights,safeguards for socially and educationallybackward classes, as well as recommendingmeasures for socio-economic development ofthese classes.

CompositionThe NCBC will consist of a

Chairperson, Vice-Chairperson and three othermembers appointed by the President. ThePresident shall lay out the rules regarding their

tenure and terms of service.

RepealThis Bill was introduced alongside

the National Commission for Backward Classes(Repeal) Bill, 2017 that seeks to repeal theNational Commission for Backward Classes Act,1993. The existing NCBC has limited powers andbecomes redundant with the 123rd AmendmentBill coming into force.

Socially and educationally backward classesThe President may, in consultation

with the Governor, specify the socially andeducationally backward classes in the variousstates and Union territories (Article 342-A)However, a law in Parliament is required in casean amendment of the current list is required.

Civil court powersWhile enquiring and investigating

complaints, the NCBC will possess powers of acivil court, i.e. by (i) summoning and enforcingattendance of people and examining them onoath, (ii) requiring production of any documentor public record, and (iii) receiving evidence,and any other matter determined by thePresident.

ContextIn 1992, the government had

established a National Commission for theScheduled Castes and Scheduled Tribes(CSCCST) by the Constitution (Sixty-fifthAmendment) Act, 1990. The objective was tomonitor the safeguards provided to theScheduled Castes and Tribes under theConstitution or other laws. The Constitution(89th Amendment) Act, 2003 inserted a newarticle 338A which created a new NationalCommission for Scheduled Tribes.


It was referred to the SelectCommittee (Chairperson:Bhupinder Yadav) by the RajyaSabha for examination

05- 04- 2017

10- 04- 2017

11-05-2017


Passed by Lok Sabha


Furthermore, under clause (10) of Article 338, the National Commission of ScheduledCastes was empowered to handle grievances and complaints against discrimination pertaining tothe Other Backward Classes as well as the Anglo-Indian community.

In 1992, the Supreme Court, in its judgement on Indira Sawhney and others vs UnionOf India and others, instructed the Government of India to create a permanent body to examineand recommend requests for inclusion, and complaints of over and under inclusion in the CentralList of Other Backward Classes. This led to the establishment of a statutory body, NationalCommission for Backward Classes (NCBC), 1993 with an act being introduced for this purpose.

Hence, this bill seeks to establish the NCBC under the constitution, providing itauthority to examine complaints as well as safeguard the interests of socially and educationallybackward classes in a more effective manner. The National Commission of Scheduled Castes willno longer examine such matters. With the National Commission for Backward Classes Act, 1993becoming irrelevant in this context, the Look Sabha has also passed a separate bill to repeal thisAct. This shall not effect any previous operation of the Act.

FeaturesThe Bill inserts Clause (26C) under Article 366 which redefines “socially and

educationally backward classes” as backward classes that are so deemed under Article 342A . Itincorporates the same staff that served the NCBC and uses the same office premises, so thefinancial budget allocated does not show any increment.

Clause Recommendations of the Select Committee

Sub clause (2) and (3) of Article 338B states that the Commission shall consist of a Chairperson, Vice-chairperson and three other members appointed under the President’s seal.

The qualifications of the members should be provided. Some members suggested that the Chairperson could be a retired Judge of the Supreme Court/ High Court, while the Vice-Chairperson could be from the OBC minority. Furthermore the amendment that followed specified that one woman member and a member from an extremely backward class should be included, expanding it to five other members.

Sub clause (d) of clause (5)-Article 338B, the phrase ‘present to the President, annually and at other such times as the Commission may deem fit, reports on the working of those safeguards’ (of socially and educationally backward classes)

This phrase was sought to be deleted given the inordinate delay in laying the annual reports of different committees before the parliament.

Article 342A-President’s approval for every inclusion into and exclusion from the Central List of Other Backward Classes

It was amended to “The President may with respect to any State or Union territory, and where it is a State, only with prior recommendation of the State Government and giving due regard to such recommendation, by public notification, specify the socially and educationally backward classes which shall be deemed to be the Central List of socially and educationally backward classes in relation to that State or Union territory, as the case may be.


Keys Issues and Analysis

• The Constitution (123rd Amendment) is acritical bill promoting affirmative action, yetit has reached an impasse given that twodifferent versions have been passed in eachhouse of Parliament.

• The amendment pertaining to reservation fora woman and a member from a minoritycommunity has been contested on grounds ofcreating exclusivity, and replication ofmembership provisions that are present forthe National Commission for ScheduledCastes (NCSC) and Tribes (NCST).

• Yet, ensuring adequate representation in athree member panel is more difficult ascompared to a five member panel, as hasbeen suggested. Also, to compare with theNCSC and NCST would be to discount for thediffering circumstances of backward classes ,and hold a static view of the issue at hand.

• A combined reading of Article 342A and366(26c) seems to indicate that when the123rd amendment bill is passed, only theUnion government can determine whether acaste is socially and educationally backwardor not. This could undermine the federalspirit and encroach on the rights of the States,as well as State Commissions.

• This will also make the Union government anequal party to notify and choose OBCs forgovernment jobs along with the stategovernment.

RecommendationsThe complexities involved in

categorizing and identifying backward classesacross the country could be met by ensuringstate participation in order to gain insights ofthe local context . Thus, it is recommended thatconsultation and due consent of the Governorbe made compulsory.

It is recommended that the advice of the

National Commission regarding the preparedlist of backward classes be binding on thegovernment. Otherwise, the lack of enforceablepower could weaken the Commission .

ReferencesLok Sabha (2017). The Constitution

(One Twenty Third Amendment) Bill, 2017.( Billno. 71 of 2017. Retrieved January 17, 2018 fromhttp://www.prsindia.org/uploads/media/Constitution%20123rd%20bill/Constitution%20%28123rd%20Amendment%29%20Bill,%202017.pdf

Lok Sabha (2017). The NationalCommission for Backward Classes( Repeal) Bill,2017. (Bill no.70 of 2017). Retrieved January 17,2018 fromhttp://www.prsindia.org/uploads/media/NCBC%20%28Repeal%29%20Bill/National%20Commission%20for%20Backward%20Classes%20%28Repeal%29%20Bill,%202017.pdf

Chaturvedi. A (2017, July 25). SelectCommittee Report Summary. Retrieved January17, 2018 fromhttp://www.prsindia.org/uploads/media/Constitution%20123rd%20bill/Select%20CR%20Summary-%20123rd%20Constitutional%20%28A%29%20Bill.pdf

Tiwary, D (2018, January 4).Constitutional Status for OBC Commission: Billback in Lok Sabha, exchange halts discussion.The Indian Express. Retrieved January 16, 2018fromhttp://indianexpress.com/article/india/obc-panel-bill-back-in-lok-sabha-exchange-halts-discussion-5010682/

Danial, S (2017, August2).Explainer: Government’s bill to amend OBCpanel just got stopped by the Rajya Sabha – nowwhat? Retrieved January 16, 2018 fromhttps://scroll.in/article/845758/explainer-governments-bill-to-amend-obc-panel-just-got-stopped-by-the-rajya-sabha-now-what.


Legislative Brief

The Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2017Author of the brief: Imlimenla LongcharGraduate Student, SPPGTISS- Hyderabad

IntroductionIn order to emphasise the

unattended loopholes and cases in The PublicPremises (Eviction of Unauthorised Occupants)Act 1971, the Minister of Housing and UrbanAffairs, Mr Narendra Singh Tomar, introducedthe bill in Lok Sabha

BackgroundThe Public Premises (Eviction of

Unauthorised Occupants) Act 1971 providesfor eviction of unauthorised occupants inpublic premises. But this is not applicable topersons occupying residentialaccommodations received on licence basis.The Amendment inserts the definition of“residential accommodation”. It seeks to ensuresmooth and speedy eviction of unauthorisedoccupants from residential accommodationsand also guarantee retrieval to the newincumbents from the unauthorised occupantswithout having to follow the long procedureleading to dilatory situations.

Highlights of the BillThe amendment bill inserts a new

clause with the term "residentialaccommodation occupation" to refer to theoccupation by any person on a public premisewith proper licence and an order declaring

such allotments for a fixed tenure or period ofholding the office.

If the Estate officer finds that anyperson is an unauthorised occupant of the saidresidential accommodation, he can be calledwithin a time period of three working days tojustify his reasons why such eviction ordersshould not be made against him.It is only when the concerned person does notturn up that the estate officer can issue a noticeand hang them over the door or in a noticeableplace.

The Estate Officer, only afterconsidering the case and making necessaryinquiry can make an order of eviction to suchpersons. He is also given the power to use forcewhenever necessary, in cases when theunauthorised occupant refuses to evict thepremises. However, in cases when the personoccupies the public premise temporarily forless than thirty days, the Estate Officer neednot have to follow the procedures as laid inSection 4 and 5 of the Act.

Key terms

Public Premise. Land, building and or areasof it belonging to, taken on lease orrequisitioned on behalf of any state andUnion territory Government, company,corporation, University, Institute, Board ofTrustee, Cantonment Board.

Estate Officer. Gazette Officer of theGovernment appointed for the purpose of theAct.

Unauthorised occupation. Occupation ofpublic premise without any authority and oreven after expiry of tenure for suchoccupation.

Bill introduced in Lok Sabha21- 07- 2017

Status


Pending


If the unauthorised occupant of the residentialaccommodation challenges such notice in anycourt in lieu for every month for his occupationof the residential accommodation he has to pay“damages”, for every month of his occupation ofthe residential area

Bill AnalysisGrowing concerns arising out of

shortage of houses for new incumbents will bemet with the quick eviction power now given tothe Estate Officer who need not have to followlong procedural formalities.

Efforts to evict an unauthorisedoccupant has often been met with resistanceand years of litigation allowing them to obtainstay of the eviction order and for which therewas no deterrent to the occupant making anappeal to the court.

Many of India’s public officials andpolitical authorities in this way, have stayedback in the government accommodations evenon the expiry of their tenure. This has beencausing raising concerns.

The provision for payment of“damage charges” for each month of hisoccupation of the residential accommodation, isset to ensure that efficient administration ofeviction is done while tabbing legislative delay.It is however uncertain to what extend dilatory

situations arising out of litigation will bereduced.

The unauthorised occupation ofpublic premises has “directly infringed the rightof another” as has been observed by a SupremeCourt Bench led by Justice P. Sathasivam in S.D.Bandi versus Divisional Traffic Officer (2013).

The state machinery runs with theefforts and duties met by the public officials,bureaucrats and public representatives- withthe passage of the bill the state can ensure thatit provides the necessary infrastructure to itspersonnel. Infringement of other’s right due tooverstaying will be checked.

Points of Concern/ Recommendations

• The Bill allows for the Estate Officer to use“force” where necessary for eviction. Properdefinitive elaboration on the use of “force”should be addressed. As forcible evictionbeyond reasonable limits may raise concernswith regards questions of rights.

• It is uncertain how effective the payment of“damage charges” may prove to be aneffective restrictive solution. Possibility of acase scenario may arise where theunauthorised occupant may go on to occupythe place and pay the charges while litigationas has been the situation, remain longoverdue.

• Though the act primarily focuses on evictionof unauthorised occupants, it is also essentialthat a reference is made as to where and howto accommodate the incumbent for theconcerned residential premised that is beingalready occupied and delayed eviction.

Key Idea

Section 4. Lays down the manner for the Estate Officer to follow for issuing Notice to show causes for the case against an order of eviction.

Section 5. Lays down the manner and conditions only after which the Estate Officer can issue Order of Eviction to the unauthorised occupant.


References

Lok Sabha (2017). The PublicPremises (Eviction of Unauthorised Occupants)Amendment Bill, 2017. (Bill No. 158 of 2017).Retrieved, January 12, 2018 fromhttp://www.prsindia.org/uploads/media/Public%20Premises/Public%20Premises%20%28Eviction%20of%20Unauthorised%20Occupants%29%20Amendment%20Bill,%202017.pdf

Government of India (1971). ThePublic Premises (eviction of UnauthorisedOccupants) Act, 1071. (40 of 1971). Retrieved,January 12, 2018 fromhttp://mha.nic.in/sites/upload_files/mha/files/Annexure-VI_29042017.PDF

IANS (2017, May 17). Cabinetchanges law to evict overstaying MLAs, MPs fromgovernment accommodations. The IndianExpress. Retrieved, January 19, 2018 fromhttp://indianexpress.com/article/india/cabinet-changes-law-to-evict-overstaying-mlas-mps-from-government-accomodations-4660579/

Singh, G (2013. July 5). SupremeCourt cracks down on politicians for overstayingtheir welcome in government-owned bungalows.Mail Online India. Retrieved, January 19, 2018,

fromhttp://www.dailymail.co.uk/indiahome/indianews/article-2357100/EVICTED-Supreme-Court-cracks-politicians-bureaucrats-overstaying-welcome-government-owned-bungalows.html

HT Correspondent (2017, August1). Bill for ‘smoother’ eviction of overstayingnetas introduced in Lok Sabha. HindustanTimes. Retrieved January 19, 2018 fromhttp://www.hindustantimes.com/india-news/bill-for-smoother-eviction-of-overstaying-netas-introduced-in-lok-sabha/story-acDcozf4YagmPQHAX2XsdO.html

Editorial (2017, August 1). Why VIPsquatters have nowhere to hide. HindustanTimes. Retrieved January 19, 2018 fromhttp://www.hindustantimes.com/editorials/why-vip-squatters-have-nowhere-to-hide/story-m37rtauQgFg6tCHGHiD0uJ.html

Rajagopal, K (2017, August 4)).Evicting unauthorised VIP occupants. The Hindu.Retrieved, January 19, 2018 fromhttp://www.thehindu.com/todays-paper/tp-opinion/evicting-unauthorised-vip-occupants/article19423124.ece


Legislative Brief

The Muslim Women(Protection of Rights on Marriage) bill, 2017

Author of the brief: Milan Rachel JojiGraduate Student, SPPGTISS- Hyderabad

Objective: To protect the rights of marriedMuslim women; to prohibit divorce bypronouncing talaq and to provide formatters connected therewith or incidental.

IntroductionThe Muslim Women (Protection of

Rights on Marriage) bill, 2017 is popularlyknown as the Triple Talaq bill. The Bill makesall declaration of talaq, including in written orelectronic form, to be void (i.e. not enforceablein law) and illegal.

Instantaneous talaq or Talaq-e-Biddat is anirrevocable form of pronouncing divorce in onesitting by the husband. The only way he can goback to his living with his wife is by nikahhalala. Biddat is considered 'sinful' butpermissible in Islamic law. For the Hanafis,who make up more than 90% Sunnis in India,triple talaq is a matter of faith followed for1400 years. Ahsan and Hasan are other formsof Talaq that are revocable.

BackgroundThe bill has been drafted in the

aftermath of the Supreme Court decision in the

case of Shayaro Bano v/s Union of India andothers, wherein the Court declared the practiceof triple talaq as unconstitutional. Thestatement of Objects and Reasons of the Billnotes that the judgement has not worked as adeterrent in bringing down the number ofinstances of triple talaq.

Shayaro Bano filed a publicinterest litigation (PIL) in the apex court in2016 seeking a ban on the practice ofinstantaneous divorce after her 14 yearmarriage ended abruptly in October 2015. Itstated that the practice violated herfundamental right to equality and dignity.

-


Passed in Lok Sabha; stalled in Rajya Sabha

Pending

28- 12- 2017

02- 12- 2017

Status


Highlights of the bill

Offence and penalty: The Bill makesdeclaration of talaq a cognizable and non-bailable offence. (A cognizable offence is onefor which a police officer may arrest anaccused person without warrant.) A husbanddeclaring talaq can be imprisoned for up tothree years along with a fine.

Allowance: A Muslim woman against whomtalaq has been declared, is entitled to seeksubsistence allowance from her husband forherself and for her dependent children. Theamount of the allowance will be decided by aFirst Class Magistrate.

Custody of minor children: A Muslimwoman against whom such talaq has beendeclared, is entitled to seek custody of herminor children. The determination of custodywill be made by the Magistrate.

Scope: It shall extend to the whole of Indiaexcept Jammu and Kashmir.


Joined by at least five other womenfrom different parts of the country demandedthe same ban.

Policy Analysis and ImplicationsThe bill presumes to reduce cases

of wife abandonment by husbands and enforcemutual consent to culminate in a divorce by lawand order. It proposes to instil agency inwomen that was hitherto denied under thispractice and make them equal stake holders noless than their counterparts. The bill intends toarrive at gender justice keeping the spirit andintegrity of the constitution intact.

A substantial amount of women inIndia are either homemakers or theirremuneration are appropriated by their spousemaking them financially dependent. The billtherefore gives provisions for the wife to beentitled to seek subsistence allowance forherself and her dependent children.

Key Concerns• The lack of empirical evidence to the claim

that the SC judgement has not worked as adeterrent in bringing down the number ofinstances of triple talaq strikes at thecredibility of it.

• Another area of concern is whether a civilwrong, mainly in a marriage resorting to anillegal and arbitrary form of divorcenecessarily lead to an act of criminal offencewith a jail term for three years. Three yearjail term, besides fine also raises the issue ofproportionality.

• Adding to increased atrocities againstMuslim men, making the offence cognizableand non-bailable will be misused for theirdisadvantage. Giving power to a third personto file criminal charge is a cause of concernas it might work against the Muslimcommunity in a time of rising anti-Muslimsentiments.

• There is a lack of clarity in the bill. On oneside it declares talaq to be void but on theother side it talks about subsistenceallowance and custody of children aftertalaq has been declared.

• The law if implemented will take away thehusband of the Muslim woman and end allpossibilities of reconciliation, making herfinancially and socially insecure.

Recommendations

References(Lok Sabha, 2017) The Muslim

Women (Protection of Rights on Marriage)Bill, 2017. Retrieved on 20th January from:http://www.livelaw.in/triple-talaq-bill-passed-loksabha/

Khair, Tabish. (2018) A travesty ofdivorce: Triple talaq has nothing to do withreligion. The Hindu. Retrieved on 22ndJanuary from:http://www.thehindu.com/opinion/columns/a-travesty-of-divorce/article22481652.ece

Rajagopal, Krishnadas. (2018)What is triple talaq? The Hindu. Retrieved on22nd January from:http://www.thehindu.com/news/national/the-hindu-explains-triple-talaq/article18590970.ece

Khanum, Arfa. (2018) Triple Talaqbill Demonises Muslim Men and PatronisesMuslim Women. News 18.com. Retrieved on1st February from www.news18.com

The question of wife abandonment as asocial evil if addressed across communitieswill be a more effective tool to deal with theproblem at a macro level

As a bill very crucial for a religiouscommunity, proper consultation delving intothe question of Triple Talaq will enable inrecognising needs of the community.


Legislative Brief

The Transgender Person (Protection of Rights) Bill, 2016

Author of the brief: Meenal RawatGraduate Student, SPPGTISS- Hyderabad

Objective: Defines a transgender person,prohibits discrimination against them andprescribes penalties for certain offences

ContextTransgender community over the

years has gone through various ridicules andabuses. It has been pushed to all sorts ofdiscrimination from personal to public space.Giving highlights to such prejudices, the 2014NALSA judgment was the first milestonejudgment concerning transgender identity. Itgrants legal recognition of gender identity formale, female and third gender and provides forthe legal and constitutional protection ineducation, healthcare and employment sectors.It clarified that non-recognition to transgenderviolates their fundamental right specificallyArticle 14 and 21 of Indian constitution.

It also challenges Section 377 ofIPC on the grounds that; Sec 377 is used as aninstrument of discrimination and harassmentagainst Transgender Community and statesthat transgenders, even though constitute ofminuscule fraction are still humans and haverights to enjoy their human rights.


Referred to Standing Committee on Social Justice and Welfare on

Standing Committee Submitted report; presently pending

02- 08- 2016

02- 09- 2016

21-07-2017


Highlights of the Bill• Defines transgender person as someone

who is neither wholly male nor whollyfemale, a combination of both male orfemale, neither male or female. It includespersons whose sense of gender does notmatch with the gender assigned to them atbirth. Trans women and trans men, personwith intersex variation and gender queerscomes under it.

• Prohibits discrimination based on theiridentity in education institutions,occupation as well as healthcare services.

• Provides mechanism for grievanceredressal in each establishment forconsidering any violation of provision theact.

• Issues certificate of identity totransgender person by District Magistratethrough a process involving Chief MedicalOfficer (CMO), District Social WelfareOfficer, a Psychologist, a representative oftransgender community and appropriateGovernment officer (appointed by thegovernment) for the same.

• Allows the establishment of a NationalCouncil for Transgender for formulationand evaluation of various policies andlegislation with respect to transgenderperson and coordinate activities ofGovernment and NGOs over the matter oftransgender.

• Specifies certain offences which include:(i) compelling transgender persons to begor forced/ bonded labor, and (ii) physical,sexual, verbal, emotional or economicabuse. These offences will attractimprisonment between six months and twoyears.


The Transgender Person Bill (2014) was introduced as a private member’s Bill in theRajya Sabha by Tiruchi Shiva and was unanimously passed in the upper house on 24 April 2015.Later in in 2 August 2016, Thaawarchand Gehlot, Minister of Social Justice and Empowermentpresented The Transgender Persons (Protection of Rights) Bill, 2016 in Lok Sabha. Its status iscurrently pending.

The Bill has been criticized by activists and transgender community as it has many provisionswhich violates earlier NALSA judgment as well as 2014 Bill concerning the similar issue.

2016 Transgender Bill vs 2014 Transgender Bill

THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL, 2016

THE RIGHTS OF TRANSGENDER PERSONS BILL, 2014

1. Definition "transgender person" means a person

who is— (A) neither wholly female nor

wholly male; or (B) a combination of

female or male; or (C) neither female

nor male; and whose sense of gender

does not match with the gender

assigned to that person at the time of

birth, and includes trans-men and trans-

women, persons with intersex

variations and gender-queers.

"transgender person" means a person, whose gender does not match with the gender assigned to that person at birth and includes trans-men and trans-women women (whether or not they have undergone sex reassignment surgery or hormone therapy or laser therapy etc.)

2. Reservation in education and employment

No Provisions for reservation in education and employment to transgender persons.

Provisions for reservation in education and employment to transgender persons.In Primary, Secondary and Higher Educational Institutions: 2% seats reserved for transgender personEmployment sector: not less than 2% of the vacancies meant to be filled by direct recruitment, for transgender persons

3. Formation of Committee

The National Council for Transgender Persons to perform the functions of formulation and evaluation of various policies and legislation

National and State Transgender Welfare Commission to review and coordinate and monitor activities of Government and non-governmental organization


Key Issues and Analysis

DefinitionThe definition of transgender

person is not in tune with other definitionprovided by International expert bodies likeworld Professional Association for TransgenderHealth, world Health Organization and theAmerican Psychological Association whodoesn’t specify any biological criterion in theirdefinition.

Identity of Transgender PersonOne of the main feature of the bill

is to identify transgender person as a thirdgender. The procedure to do so (as identified inthe bill) is to issue a certificate of identity afterreferring to District Screening Committee.However, this takes away individuals right toself-identify their sex. It must also be noted thatthe current bill violates the NALSA judgmentwhich upheld the transgender person’s right todecide their self-identified gender

Humiliation within FamilyThe Bill specifies that no

transgender person shall be separated fromparents or immediate family on the grounds ofthe transgender status, except by a court order,in the person’s interest. However, it fails torecognize that family members may alsothreaten, disown or even assault their childrenfor behaving like opposite gender.

Rehabilitation Centre for TransgenderPerson

The bill specifies that if a family isunable to take care of transgender person thecourt can order to put the person inrehabilitation Centre. However, the bill does notnotify any guidelines to be followed byrehabilitation center, example, buildingseparate toilets or separate hostels/individualrooms only for transgender.

This could extend the threat to transgenderperson’s right to enjoy their human rights.

Usage of general Neutral termIn certain public and personal

setting, there is a deliberate use of malepronoun to address transgender person. Thebill must specify usage of gender neutralpronoun while addressing transgender.

Key Recommendation of StandingCommittee:

a) Modification of “Transgender Person”definition and no Sex ReassignmentSurgery (SRS) or hormonal therapyrequired to choose their identity as maleor female or transgender.

b) Proper timelines and guidelines to bemade along with the right to appeal inrelation to the decisions of the ScreeningCommittee be specified.

c) Role of CMO (Chief Medical Officer) to bedefined clearly.

d) Graded punishment for different offences.

Recommendations

• To let the transgender person, self-declaretheir gender for all the official documents.

• Government can provide incentives toprivate companies or firms to employtransgender person.

• Establishment of separate transgenderprotection cell in government bodies, NGOs,private companies or corporations as wellas educational institutions to give them asense of security and help them earn theirliving without any fear of harassment ordiscrimination.


References

Lok Sabha. (2016). TheTransgender Persons (Protection of Rights) Bill,2016. (Bill no. 210 of 2016). Retrieved January15, 2018 fromhttp://164.100.47.4/BillsTexts/LSBillTexts/Asintroduced/210_2016_LS_Eng.pdf

All you need to know about theTransgender Persons Bill, 2016 (2017,November 30). The Hindu. Retrieved January16, 2018 fromhttp://www.thehindu.com/news/national/all-you-need-to-know-about-the-transgender-persons-bill-2016/article21226710.ece

National Legal Services Authorityvs. Union of India [(2014) 5 SCC 438]; Article21, Constitution of India Retrieved January 15,2018 fromhttp://www.prsindia.org/uploads/media/Transgender/Transgender%20rights%20case%20(NALSA%20vs.%20UoI).pdf

Report no.43, The TransgenderPersons (Protection of Rights) Bill, 2016,Standing Committee on Social Justice andEmpowerment, July 21, 2017. RetrievedJanuary 15, 2018 fromhttp://164.100.47.193/lsscommittee/Social%20Justice%20&%20Empowerment/16_Social_Justice

Lok Sabha (2014). The Rights ofTransgender Persons Bill, 2014. (Bill no. XLIXof 2014). Retrieved February 5, 2018 fromhttp://164.100.47.4/BillsTexts/RSBillTexts/asintroduced/trangder-E.pdf


Legislative Brief

The Consumer Protection Bill, 2018

Author of the brief: Venkata Sahiti KompellaGraduate Student, SPPGTISS- Hyderabad

ContextA consumer is a person who buys

a certain good or avails certain services for apayment. The consumer protection act wasinitially introduced in 1986 to make sure thecomplaints of consumers regarding defectivegoods and deficiency in services could beaddressed. Under the act, committees were setup by the state and central governments forredressal of complaints from district tonational level. The act also recognised unfairtrade practices, under which a consumerwould be given false information on the qualityand quantity of the good or service, andmisleading advertisements as some of thepunishable offenses.

Initially, the government had toface challenges in the implementation of theact as most of the consumers were unaware pftheir rights. Some problems arose because thetime taken for the disposal of cases that werecoming up was long. Earlier, the act did notaddress consumer contracts between aconsumer and manufacturer that containunfair terms. Hence, the Law Commission ofIndia had recommended that a separate law bedecreed on the unfair contract terms. This isthe major difference between the ConsumerProtection Act passed previously in 1986 and

the Consumer Protection Bills that were laterlegislated. It makes sure that unfair contract isincluded in that act rather than passing a newbill on it.

After the bill was passed in 1986,an attempt was made to amend the bill in 2011which introduced the system of onlinecomplaints and rules against unfair contracthave been passed. Nevertheless, the saidamendment was lapsed as soon as the 15th LokSabha got dissolved. Hence, in 2015, anotherConsumer Protection Bill was introducedwhich replaced the 1986 act. Conversely, thebill was withdrawn during the winter sessionof the parliament during the financial year2017 – 2018 and a new bill by the name ofConsumer protection Bill 2018 was introducedand it is still in examination.


Pending

05- 01- 2018

Status


Highlights of the Bill

• The Bill replaces Consumer Protection Bill2015. The bill redefines the consumerrights and provides a way for consumers tocomplaint against goods with defects andagainst deficiency in services

• Consumer Disputes Redressal Commissionsare set up at District, State and Nationallevels to resolve complaints of theconsumers

• The Bill establishes Consumer ProtectionAuthority at different levels to investigateinto complaints, issue notices against faultygoods and services, and pass orders forrecall of goods against misleadingadvertisements

• If a consumer faces an injury or loss of anykind due to a good or service, the Bill givesthem a right to file a claim of productliability against the manufacturer.


Key Features

Complaints to be filed under the BillComplaints that can be filed under

the bill include violations under consumerrights, unfair trade practices, and false ormisleading advertisements, in cases of harm toany property of consumer or on his health, incase of injury, unfair contract, and/or any kindof defect or deficiency in the product. The bill,has extended itself to e-commerce sites as well.Hence, unfair trade practices in ecommerce willbe reduced and the government will protectand promote consumer rights.

Product LiabilityAny person can claim of product

liability of a manufacturer if there has been anykind of loss in their health, property damage,injury/death. A product manufacturer shall beliable in a product liability if (a) there is amanufacturing defect in product, (b) defectivedesign of the product, (c) deviations frommanufacturing specifications, (d) the productdoes not conform to the express warranty, € theproduct fails to continue adequate instructionsof correct usage to prevent any harm or anywarning regarding improper or incorrect usage.

Unfair ContractUnfair contract between a

manufacturer/trader/service provider and aconsumer, having such terms which causesignificant change in the rights of suchconsumer. It includes (i) giving excessivesecurity deposits for the performance ofcontractual obligations, (ii) imposing penaltyon consumer for breach of contract, (iii)refusing early repayment of debts, (iv) entitlinga party to the contract to terminate suchcontract unilaterally, without any reasonablecause, (v) imposing on the consumer anyreasonable charge, obligation or conditionwhich puts such consumer to disadvantage.

Unfair trade practicesUnfair trade practice means a trade

practice which, for the purpose of promotingthe sale, use or supply of any goods or for theprovision of any service adopts any unfairmethod. The deceptive practices include (i)falsely representing the goods and services areof a particular standard, quality and quantity,(ii) falsely representing any re-built, second-hand, renovated, reconditioned or old goods asnew, (iii) representing false sponsorships,approvals, performance, uses or benefits whichgoods do not have, (iv) making misleadingrepresentations concerning the need for anygoods or services, (v) gives warranty/guaranteeof a good without any proper test thereof.

PenaltiesAny manufacturer/service

provider who causes a false or misleadingadvertisement to be made which is prejudicialto the interest of consumers shall be punishedwith imprisonment for a term which mayextend to two years and a fine which mayextend to ten lakh rupees. If a manufacturer isfound to be adulterating, eve if the consumerhas not been injured, will be imprisoned for aterm which may extend to six months and withfine which may extend to one lakh rupees. Inthe cases with adulteration causing injury butnot grievous hurt to the consumer, withimprisonment for a term which may extend toone year and with fine which may extend tothree lakh rupees.

In cases where consumer isgrievously hurt, the imprisonment may extendto seven years with fine being extended to fivelakh rupees. In case of the death of theconsumer, the imprisonment shall not be lessthan seven years and may extend toimprisonment for life and with fine which shallnot be less than ten lakhs.


Authorities established under the BillBody Composition Functions and PowersConsumer Protection Councils(Advisory Body)

Central: The minister in charge of consumer affairs who shall be the chair person, such number of official and on-official members representing such interests as prescribed.State: The minister in charge of consumer affairs who shall be the chair person, such number of official and non-official members as prescribed, such number of official and non-official members, not exceeding ten, as nominated by Central GovernmentDistrict: The Collector of the district who shall be the chai person, such number of official and non-official members as prescribed

Central: To render service on promotion and protection of consumer rights under this Act.State: To render service on promotion and protection of consumer rights under this Act within the StateDistrict: To render advice on promotion and protection of consumer rights within the District

Central ConsumerProtection Authority(Regulator)

Chief Commissioner and such number of other commissioners as may be prescribed, to be appointed by the Central Government

To regulate matters relating toviolation of rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers.

Consumer DisputesRedressal Commission (Quasi-Judicial Body)

Central: A president, not less than four and not more than such number of members as may be prescribedState: A president, not less than four or not more than such number of members as may be prescribed by Central GovernmentDistrict: A President, two or not more than any such members as prescribed by central Government

Central: Value of goods or services paid exceeds rupees ten crores, complaints against unfair contracts, appeals against orders of State Commissions, appeals against orders of the Central AuthorityState: Complaints where the value of the goods or services exceeds one crore but does not exceed ten crore rupees. Complaints against unfair contracts can also be madeDistrict: Jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees

Consumer MediationCells(Mediator)

A list of empanelled mediators Pursuant to mediation if an agreement is reached between the two parties involved, the Cell will produce a written agreement between both the parties


Key Issues

This bill, like any other has somevery pressing issues though the governmenthas tried its level best to control all kinds offraudulent activities. One of the major loopholein the proposed Consumer Protection Bill 2018,is that the bill states that no endorser of theproduct will be liable to a penalty if the personhas exercised due diligence to verify the claims.

Such a provision could act as aregulatory loophole giving a way out forcelebrities endorsing certain goods andservices. What is disappointing is that theprovision for the endorsers to find a way outeven if the penalties have been prior decided.

The bill also does little to lessen theburden on the consumers who complaintagainst certain goods and services. This isbecause of the fact that the bill, states that theconsumer is supposed to prove themanufacturer guilty and have to prove theproduct bad, which generally takes up 12 – 36months of time and in this due course there isalways a risk of more people being affected bythe said product.

Even in cases of harm or death, theconsumer or the consumer’s confidante or theirlawyer has to keep fighting the case until thegood or service is proved to be fatal.

Though this system is prevalent allover the world, it gives edge to manufacturersas their product will keep selling until andunless the consumer proves it problematic andin some cases the consumer may not have thetime, energy or the resources to do so.

References

Lok Sabha. (2016). The ConsumerProtection Bill, 2018. (Bill No. 1 of 2018).Retrieved formhttp://164.100.47.4/BillsTexts/LSBillTexts/Asintroduced/1_2018_LS_Eng.pdf Accessed on 14January 2018.


Legislative Brief

Ancient Monuments and Archaeological Sites Remains (Amendment) Bill, 2017

Author of the brief: Naina SethGraduate Student, SPPGTISS- Hyderabad

BackgroundThe Principal Act came into being

in 1958 for (a) the preservation of ancient andhistorical monuments and sites (b) for theregulation of archaeological excavations and(c) for the protection of sculptures, carvingsetc.

Because of concerns regardingillegal constructions and ‘encroachments’(Chavan, 2017), the Act was accordinglyamended in 2010 to include theabovementioned buffer zones (KurianAbraham, 2018)—prohibited and regulatedareas—around the protected monuments orareas. This prevented any kind of construction,including public works or in public interest[see 20A (4), AMASR Act, 1958], in theprohibited area. Repairs or renovation in suchareas and beyond along with any constructionwork in the regulated zone required clearanceby the “competent authority”—a (team of) civilservant appointed by the Government of India(GoI). A National Monuments Authroity (NMA)too was created to oversee the competentauthority’s work.

The latest amendment wasbrought forth to resolve 5 construction issues

in different parts of the country—an elevatedroad near Akbar’s Tomb, Agra; a 112 year-oldbridge in Kolhapur; Metro Rail construction inKolkata and Pune; and erection of a bridge onYamuna. (Parliament of India, 2018)


Passed in Lok Sabha

18- 07- 2017

02-01-2018


What are ancient monuments?The aforementioned 1958 Act

defined them as …any structure, erection ormonument, or any tumulus or place ofinterment, or any cave, rock-sculpture,inscription or monolith which is of historical,archaeological or artistic interest and whichhas been in existence for not less than 100years… (1958, p. 4)

What are archaeological site and remains?They mean any area which

contains or is reasonably believed to containruins or relics of historical or archaeologicalimportance which have been in existence fornot less than one hundred years. (Ibid, 1958,p. 5). The amended Bill will allow the CentralGovernment to undertake “public works”—infrastructure construction work for “publicpurposes”—activities in the prohibited areazone of these monuments, when no otherviable alternative beyond such limits is found.(2017)

What are prohibited and restricted areas?Prohibited Area: Area within

the 100m radius of the protected siteRegulated Area: The 200m area extendingbeyond the prohibited area of the protectedsite.

Therefore, this amendmentallows construction within the 100m zonewhich is deemed “necessary for the safety andsecurity of the public at large.” (Ibid, 2017)The Principal Act’s sub-section 4, clause 20Ahad negated such a permission.


Apart from validating ‘publicworks’ in prohibited areas, the amendment liststhe procedure for verifying whether a proposedconstruction falls in the ambit of public works,permission seeking and necessitates thearchaeological, visual and heritage impactassessment of the same. (2017, p. 2) (PRS India,2018)

Concerns

The amended Bill greatly weakensArticle 49 of the Indian Constitution wherebythe State is obligated “to protect everymonument or place or object of artistic orhistoric interests, declared by or under lawmade by Parliament to be of nationalimportance, from spoliation, disfigurement,destruction, removal, disposal or export, as thecase may be.”

The East-West Kolkata MetroProject got stalled earlier last year because itsroute was falling under the 100m radius of 3heritage structures. Calcutta High Court, then,called for a further amendment to the 2010 Billfor allowing work in prohibited areas in“greater public interest.” (Parliament of India,2018)

Although, the amendment definespublic works as projects necessary to eliminatedanger to the public’s safety or security, thebroadness of the definition could lead to misuseby the Centre of the path so created.

The above concern is exacerbatedby the following facts (Kurian Abraham, 2018):• the Centre’s decision shall be final as to

whether a project is public works, afterreferring it to the NMA;

• the NMA is severely understaffed, does nothave institutional autonomy and theexpertise to make impact assessments;

• reportedly, 24 monuments under the ASI are“missing” and 321 are currently encroachedupon. This amendment could lead to takingup of the sites’ space but legally; and

• the bias towards clearing projects in “greaterpublic interest” because of the inherentconflict between there “being no other viablealternative” to carrying out the public worksvis-à-vis imminent dangers to the site.

References

Alam, M. (2018, January 13). Wilting Beauty: The Sad State of Mehrauli’sMonuments. Retrieved January 20, 2018, from The Quint: https://www.thequint.com/photos/monuments-withering-away-in-delhi-mehrauli

Chavan, V. (2017, July 15). Hurting Heritage. The Indian Express. Retrieved January 20, 2018, from http://indianexpress.com/article/opinion/columns/hurting-heritage-amendments-to-the-monuments-act-threaten-historical-structures-ancient-monuments-and-archaeological-sites-and-remains-amasr-act-4751098

Points to take into consideration

• A need to reassess the competence of theNMA to evaluate and assess the impact ofintended public works in prohibited areas

• The above assessment should be clearlyable to identify the “safety and security”concerns to the public to ensure that theprojects are not any development projectscloaked as projects in the name of publicinterest.


Constitution of India. (n.d.). Article49 in The Constitution Of India 1949. Retrievedfrom Indian Kanoon:https://indiankanoon.org/doc/9107/

Kurian Abraham, A. (2018, January12). The Monumental Mistake of CompromisingOur Monuments. Retrieved January 20, 2018,from The Wire:https://thewire.in/212989/monumental-mistake-compromising-monuments/

Parliament of India. (2018). LokSabha Proceedings. New Delhi. RetrievedJanuary 20, 2018, fromhttps://www.youtube.com/watch?v=j_056FovMFM

Parliament of India. (2018). LokSabha Proceedings. New Delhi. Retrieved fromhttps://www.youtube.com/watch?v=OZRckg0mszk

PRS India. (2018, January). TheAncient Monuments and Archaeological Sitesand Remains (Amendment) Bill, 2017. RetrievedDecember 31, 2017, from PRS India:http://www.prsindia.org/billtrack/the-ancient-monuments-and-archaeological-sites-and-remains-amendment-bill-2017-4822/

(2017). The Ancient Monumentsand Archaeological Sites and Remains(Amendment) Bill, 2017. New Delhi. RetrievedJanuary 20, 2018

(1958). The Ancient Monumentsand Archaeological Sites and Remains Act, 1958.Retrieved January 20, 2018, fromhttp://lawmin.nic.in/ld/P-ACT/1958/A1958-24.pdf


Budget Focus2018-19


Budget Focus

National Health Protection Scheme; the Behemoth Plan of the Govt.Authors of the brief: Manasi Bhallamudi, Madhuri Bhatt

Introduction

The Finance Minister Arun Jaitley inhis budget speech said that India was launching“the world’s largest government-fundedhealthcare programme”. He called it the NationalHealth Protection Scheme or the NHPS. Jaitleysaid that the NHPS will “cover 10 crore familiesor around 50 crore people” from financiallyvulnerable households which is 41.3% of thetotal population.

It is basically a health insurancescheme to provide a cover of up to ₹5 lakhs perfamily annually for treatment in secondary andtertiary healthcare. The implementation willmost likely be left to the states. The government,in this budget, allocated about ₹2000 crore forthe scheme. The need for the scheme arises asaccording to the Finance Minister, “India cannotrealize its demographic dividend without itscitizens being healthy.”

The Scheme• The NITI Aayog aims to launch this scheme

on the 72nd Independence Day with GandhiJayanti being the deadline for its formallaunch. However, the rollout is estimated totake about one and a half years depending onhow the states implement the scheme.

• The beneficiaries will be identified accordingto the socio-economic caste census of 2011.

• 1.5 lakh health and wellness centers will havematernal and childcare facilities apart fromother facilities which include geriatric care,

non-communicable diseases, ENT, diabetes,hypertension, mental health, dental care andterminal illnesses likes oral cancer and breastcancer.

• The government’s estimated premium forinsuring each beneficiary family, according tothe NITI Aayog, is between 1,000-1,200rupees. This funding will be shared betweenthe Centre and the states.

• The Government will invite bids frominsurance companies to cover the financialaspect of this scheme wherein the companieswill collaborate with healthcare institutions.

• A national Health agency will be establishedto look into the implementation of thescheme at the state level.

Main Points

• The scheme is expected to motivate theprivate sector to enter in the rural andbackward areas.

• One of the questions that have been raisedafter the announcement of this mega plan iswhether the country has the requiredinfrastructure to buttress the scheme.

• Similar schemes such as Aarogyasri inAndhra Pradesh, Deen Dayal Swasthya SevaYojana in Goa, Bhamashah Swasthya BimaYojana in Rajasthan among others exist atthe state level. There is no clarity as to whatmore this central scheme will offer thanwhat some states are already providing.

• As the complete details of the scheme areyet to be formulated, it will take time toevaluate how the scheme will work.


References

Jaitley, Arun. (2018). Speech ofArun Jaitley, Minister of Finance. Budget 2018-2019.Retrieved fromhttp://www.indiabudget.gov.in/ub2018-19/bs/bs.pdf

Abraham, Rohan. (2018, February02). What is ‘Modicare’ and how will affect you?TheHindu. Retrieved fromhttp://www.thehindu.com/business/budget/what-is- modicare-and-how-will- it-affect- you/article22635372.ece

Unnikrishnan, Dinesh. (2018,February 02). Budget 2018: Jaitley’s ‘Modicare’health scheme music to the ears of 50 croreIndian, but it’s too good to be real. Firstpost.Retrieved fromhttp://www.firstpost.com/business/budget-

2018- arun-jaitleys- modicare-health- scheme-is-music-to- the-ears- of-50- crore-indians- but-its- too-good- to-be- real-4332001.html

Kalra, Aditya. (2018, February 02).India’s ‘Modicare’ to cost about $1.7 billion ayear: sources. Reuters. Retrieved fromhttps://in.reuters.com/article/india-health/indias- modicare-to-cost- about-1- 7-billion- a-year- sources-idINKBN1FM0FA

Gupta and Dandekar. (2018,February 01). Health insurance cover for 10crore, but thenumbers do not add up. The Economic Times.Retreived fromhttps://economictimes.indiatimes.com/wealth/insure/health-insurance- cover-for- 10-crore-but-the-numbers-do-not-add-up/articleshow/62744914.cms


Budget Focus

Minimum Support PriceAuthor of the brief: Geetha Krishna Saraswatula

Introduction

The Union Budget of India 2018-19,unfolded with many announcements of which,declaration on the Minimum Support Price(MSP) of Agricultural crops is a crucial one. MSPstands as an aspect in India’s Agricultural Policy.Following is a brief analysis of the MSPprovision in budget 2018-19.

Measures to achieve objective

To achieve this, the FinanceMinistry has announced that a mechanism willbe developed by NITI Ayog, in consultation withCentral and State Governments to ensure theefficient implementation of and that farmersreceive satisfactory prices for their crop.

Policy AnalysisWhile the move to increase MSPs is

laudable, several un-resolved concerns arisefrom the above measures regarding MSP in itscurrent shape.

There has not been anyannouncement yet regarding the mechanisms ofcalculating the cost of production based onwhich the MSP of 1.5 times would be calculated.

There exist three ways of calculating theproduction costs set by Commission forAgricultural Costsi. A2- Actual paid out costii. A2+FL- Actual paid out cost plus imputedvalue of family labouriii. C2- which is more comprehensive than othertwo measures to include all cost includingimputed rent and interest on owned land andcapital.

The budget document onlymentions that a fool-proof mechanism would bedeveloped by the NITI Aayog in consultationwith Central and State governments. The extentof MSP would have more clarity if the basis onwhich the MSP is calculated, i.e, the productioncosts are mentioned. The real increase in MSPcan only be calculated post the declaration ofthis institutional mechanism.

A second concern is the lack ofspecific budgetary provision set aside forimplementation of the increased MSP. There isno mention of how much increase in totalbudget outlay that the government envisageswith the new MSP in place and the budgetaryallocations for the same.

Further, MSP over the decades hasbeen in parallel existence with continuedfarmers’ distress giving out a cry forinvestigation into the working of MSP. Accordingto the data of Department of Agriculture,procurement under MSP has been considerablylow with several States also facing severefinancial constraints for procurement, therebylimiting the MSP to paper. A re-framing of MSPsmust also critically look into the functioning ofMSP over the years to determine its furthercourse of action, which is currently absent in theBudget documents.

Objective: Double the income of farmers

• MSP for all the Rabi crops would now beset at least one and half times the costinvolved

• All the unannounced crops of Kharifwould also receive an MSP of one and halftimes the production costs.


References

Jaitley, Arun. (2018). Speech ofArun Jaitley, Minister of Finance. Budget 2018-2019.Retrieved fromhttp://www.indiabudget.gov.in/ub2018-19/bs/bs.pdf on 03-02-2018

Kaul, Sanjay. (2018, February 02).Who picks the tab for higher MSP. The Hindu.Retrieved from:http://www.thehindubusinessline.com/economy/budget/budget-2018-who-picks-the-tab-for-higher-msp/article22637146.ece on 03-02-2018

Damodaran, Harish. (2018,February 02). Union Budget 2018: Assuranceon MSP but for govt, rural is more aboutinfrastructure than agriculture. Retrieved from:http://indianexpress.com/article/business/budget/union-budget-2018-arun-jaitley-farmers-infrastructure-agriculture-minimum-support-price-5048583/ on 03-02-2018

Bera, Sayantan. (2018, February02). Budget 2018 on Agriculture: Can new MSPprop up rural economy? Retrieved from:http://www.livemint.com/Politics/zz7NOxslQR3F3EV1tjTt3I/Budget-2018-promises-to-fix-crop-support-prices-at-50-over.html on 03-02-2018

Recommendations

• There should be clarity on time-lines regarding when the fool poof mechanism would be developed and by when would it come into existence.

• Specific budgetary provisions for providing MSP at declared rates should be stated to establish further clarity on the implementation of the scheme

• Investigation into the functioning of MSP over years to assess the exact measures to make MSP efficient and effective.


Parliamentary News Winter Session 2017-2018

Source: Google Images


Parliamentary News Winter Session 2017

The Winter Session of theParliament commenced on Friday, 15th ofDecember, 2017 and concluded on Friday, 5th

of January, 2018.

The session provided 13 sittingsspread over a period of 22 days. Theproductivity of the Lok Sabha was 91.58% andthat of the Rajya Sabha was 56.29%.

During the period, 14 bills in theLok Sabha were introduced. The Lok Sabhapassed13 bills whereas the Rajya Sabha passed 9 billsin the session. 13 bills were passed by bothhouses of the Parliament. In the Lok Sabha, oneShort Duration Discussion, under Rule 193,

was held on Natural calamities in various partsof the country with special reference to cycloneOckhi in South India.

In the Rajya Sabha, two ShortDuration Discussions under Rule 176 wereheld oni. Excessively high levels of air pollution in

Delhi;ii. State of economy, investment climate and

job creation in the country and the need toaddress the challenge of risingunemployment.

Below are the list of bills and their currentstatus:

Note:-

Following sources were used to write the summaries of various bills mentioned above :Websites of Lok Sabha, Rajya Sabha, Press Information Bureau, Bill Track - PRS Legislative Research. Newssources- The Hindu, The Indian Express and Livemint.

Bill Objective Status

The National Council for Teacher Education (Amendment) Bill, 2017

The Bill amends the National Council for Teacher Education Act, 1993. The Bill seeks to grant retrospective recognition to certain institutions. The Bill also seeks to grant retrospective permission to start a new course or training in teacher education to certain institutions.

Introduced in Lok Sabha.

The Payment of Gratuity (Amendment) Bill, 2017

The Bill seeks to amend the Payment of Gratuity Act, 1972. The 2017 Bill empowers the central government to (i) notify the period of maternity leave eligible for qualifying as continuous service; and (ii) determine the amount of gratuity available to employees.


The Representation of the People (Amendment) Bill, 2017

The Bill seeks to amend the Representation of People Act, 1950 and the Representation of People Act, 1951 to allow for proxy voting and to make certain provisions of the Acts gender-neutral.


Continued…



The Dentists (Amendment) Bill, 2017

The Bill amends the Dentists Act, 1948. The Act regulates the profession of dentistry. A register of dentists is maintained under the Act in two parts, Part A and Part B. The Bill seeks to remove the mandatory requirement of the representation of dentists registered in Part B in these Councils.


The Indian Forest (Amendment) Bill, 2017

The Bills replaces the Indian Forest (Amendment) Ordinance, 2017 and amends the Indian Forest Act, 1927. Under the Act, the definition of tree includes palms, bamboos, stumps, brush-wood, and canes. The Bill amends this definition of tree to remove the word bamboos.

Passed by Lok Sabha;Passed by Rajya Sabha.

The High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2017

The Bill seeks to amend (i) the High Court Judges (Salaries and Conditions of Service) Act, 1954; and (ii) the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958. These Acts regulate the salaries and conditions of service of the judges of the High Courts and the Supreme Court.


The Specific Relief (Amendment) Bill, 2017

The Bill seeks to amend the Specific Relief Act, 1963. The Bill gives an affected party (i.e. a party whose contract has not been performed by the other party) the option to arrange for performance of the contract by a third party or by his own agency (substituted performance).


The Goods and Services Tax (Compensation TO States) Amendment Bill, 2017

The Bill amends the Goods and Services Tax (Compensation to States) Act, 2017 and replaces an Ordinance promulgated in September 2017. The Bill amends the 2017 Act to increase the cap on the GST Compensation Cess levied on motor vehicles from 15% to 25%.

Passed by Lok Sabha.

The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2017

The Bill seeks to amend the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011. The Bill deletes the provisions and references related to the regulation and protection of street vendors.




The Muslim Women (Protection of Rights on Marriage) Bill, 2017

The Bill makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal. The Bill makes declaration of talaq a cognizable and non-bailable offence.


The Insolvency and Bankruptcy Code (Amendment) Bill, 2017

The Bill prohibits certain persons from submitting a resolution plan in case of defaults. Further, it bars the sale of property of a defaulter to such persons during liquidation.


The National Medical Commission Bill, 2017

The Bill seeks to repeal the Indian Medical Council Act, 1956 and provide for a medical education system . The Bill sets up the National Medical Commission (NMC). Within three years of the passage of the Bill, state governments will establish State Medical Councils at the state level.


The Negotiable Instruments (Amendment) Bill, 2017

It seeks to amend the Negotiable Instruments Act, 1881. : The Bill inserts a provision allowing a court trying an offence related to cheque bouncing, to direct the drawer (person who writes the cheque) to pay interim compensation to the complainant.



The Bill replaces the Consumer Protection Act, 1986. Six consumer rights have been defined in the Bill.


The New Delhi International Arbitration Centre Bill, 2018

New Delhi International Arbitration Centre (NDIAC): The Bill seeks to provide for the establishment of the NDIAC to conduct arbitration, mediation, and conciliation proceedings. The Bill declares the NDIAC as an institution of national importance.



Replaces the 1986 Act. Provides for redressal of consumer complaints, recall of goods, action against misleading advertisements, and product liability claims

Withdrawn


PerspectivesPerspectives is a weekly open lecture series at the School of Public Policy and Governance. This student ledinitiative invites eminent academicians and development practitioners to share their critical insights ontopical themes of social and policy relevance.

Perspectives December 2017- February 2018 Series

Tales from Life

Mr. Narendra LutherFormer Chief Secretary of the State ofunited Andhra Pradesh

Managing Marriages through 'Self-Improvement': Women and 'New Age' Spiritualities in Delhi

Dr. Ujithra PonniahAssistant Professor in the School ofGender Studies, TISS Hyderabad

New Migrant Question: Exploitative Forms of Transit Labour in Three Regions of Andhra Pradesh

Dr. Purendra PrasadProfessor at the Department of Sociology, University of Hyderabad

Accumulation by Segregation: Muslim Localities in Delhi

Dr. Ghazala JamilAssistant Professor at the Centre for the Study of Law and Governance, JNU, New Delhi


CONTACT US:

EMAIL : [email protected]: https://goo.gl/HkePqCLIKE US ON: https://goo.gl/Xf4fL5

ADDRESS

SCHOOL OF PUBLIC POLICY AND GOVERNANCETata Institute of Social Sciences, Hyderabad Off Campus, RM Campus, opp. Biodiversity Complex, Gachibowli, Hyderabad. 500008

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