upsc polity

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Legislations

Sunday, January 1 2012, 3:34 PM

Mudgal Committee Recommendations

1. The present practice of political appointments to the censor board, often with people who have little

knowledge of the intricacies of cinema, should be done away with. 2. The mandate of the Film Certification Appellate Tribunal should be extended to hear cases regarding an

objection to any particular film, rather than a plaintiff approaching the court as it happens at present.3. There should be more categories for the classification of films and to bring age-specific divisions is a step

in the right direction.

4. In cases where a state uses law and order as a reason to ban a film, ascendancy must be given to the powers of the Cinematograph Act. Law and order being a state subject, this suggestion is likely to run into rough weather.

Draft Cinematograph Act 2013

1. It proposes that the central government should be solely empowered to suspend the exhibition of a film, as opposed to state governments and other local authorities.

The Protection of Women from Sexual Harassment at Workplace Bill, 2010

1. The Bill defines sexual harassment at the work place and and seeks to provide a mechanism for redressing complaints.

2. Definition & scope1. Sexual harassment is defined to include unwelcome sexual behavior such as physical contact, request



for sexual favours, sexually coloured remarks, screening of pornography, or any other conduct of sexual nature.

2. The Bill defines a work place to include all organizations, and any place visited by an employee during the course of work. It covers every woman at the work place (whether employed or not).

1. However, it doesn't cover domestic workers and agriculture labor.

3. Redressal1. The Bill makes it a duty of the employer to ensure safe workplace, constitute the internal complaints

committee (> 10 employees companies), training, helping bring the offender to task. If he doesn't comply, he can be punished.

2. The committee will have a senior woman employee as chairman, one NGO member and 2 other members committed to the cause of women. If such a chairman is not present, a member from the local complaints committee can be appointed. > 50% members should be women.

3. It also provides for district and block level complaints committees which will have powers of civil courts

for gathering evidence. Collector will be responsible for their functioning.4. Complaints against the employer or where < 10 employees companies, can be brought to the local

complaints committee.5. The Committee shall provide for conciliation before initiating an inquiry if requested by the complainant.

If a settlement is reached, no further inquiry shall be conducted. If conciliation is not desired, or

when settlement fails, the Committee shall initiate an inquiry into the complaint. 6. The inquiry must be completed within 90 days.7. If the complainant gives a written request during the inquiry, the Committee may recommend to the

employer to (a) transfer the aggrieved woman to any other workplace; (b) grant her leave; or (c) provide other relief.

8. After completion of the inquiry, the Committee shall present its recommendations to the employer or

the District Officer, as the case may be. The employer or the District Officer must act upon the recommendation within 60 days of its receipt.

4. It also prohibits the publication of identity of the accused even after he is convicted.

The Wild Life (Protection) Amendment Bill, 2013

1. India is a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and amendments to the Act are necessary for India to fulfill its obligations under the CITES. The key amendments made by the Bill are:

2. Animal traps1. The manufacture, sale, transport or use of animal traps except for educational and scientific

purposes (with permission) is prohibited.

3. Forest produce removal1. Under the Act, removal of any forest produce from a sanctuary is not permitted, except with a permit. 2. The amendment allows certain activities such as grazing or movement of livestock, bona fide use of

drinking and household water by local communities, and hunting under a permit.3. The Bill protects the hunting rights of Scheduled Tribes in the Andaman and Nicobar Islands.

4. International trade1. Provisions to regulate international trade in endangered species of wild fauna and flora as per the

CITES have been inserted.

PPP Bill (Draft)

1. Tribunal's functions1. At present, all disputes in public contracts are resolved through the Arbitration Act, 1996. But the

process of arbitration in India is marred by huge financial, legal and opportunity costs of locked investments because of the time taken to resolve such disputes.



2. So the government will constitute a ´Tribunal for public contracts' to deal with disputes in the public contracts exceeding Rs. 5 crore.

3. It will have jurisdiction over contracts executed by central government, state government, local or statutory authority.

4. It will deal with disputes relating to execution of contract, specific performance of the terms of the contract, termination, cancellation, repudiation and claims for damages for breach of contract.

5. The tribunal will be required to conduct day to day hearings and announce its award (decision) within

120 days of referring the dispute to it. According to the bill, non-compliance of the Tribunal's order will

result in a fine of up to Rs 2 lakh at first instance and up to Rs 10 lakh at second and subsequent

instances.

6. The appeal against the order of the tribunal will lie in the Supreme Court.7. It will have the power to attach properties, impose fines and even blacklist parties in PPP disputes.

2. Tribunal's composition1. The proposed tribunal will be headed by a retired Supreme Court judge. It will have financial as well as

technical experts from across sectors and will work through benches in all the states.

2. In case of Vice-Chairperson, he must be or should have been a Judge of High Court, while the

members of the committee will have to be those who qualify to be a Judge of High Court.

3. The draft proposes a high level selection committee headed by a Supreme Court Judge and having

two Chief Justices of High Courts, a member of Union Public Service Commission, a distinguished

jurist and Secretary of Department of Justice, to appoint chairperson and members of the tribunal.

Marriage Bill

1. Divorce made easier1. Either partner can petition for a divorce citing irretrievable breakdown, without having to supply proof of

adultery, leprosy, conversion, unsoundness of mind, desertion or other dire circumstances. 2. This change puts Indian law on par with other jurisdictions. 3. After the specified waiting period, a judge can use her discretion to grant divorce even if one of the

partners does not move a second application within three years.

2. Protection of women1. While a woman can oppose a divorce plea on the grounds of financial hardship, a man cannot.

3. Marital property division1. The Bill recognizes that women are entitled to a share in marital property. 2. Women often invest disproportionately in the household, compared to remunerated work. 3. They stand to lose more, emotionally and financially, when the marriage breaks down, and assets are

usually registered in the man's name. 4. India did not have a law on marital property division, leaving the woman financially disadvantaged and

burdened with child support.

5. She had even less leverage if she had initiated the divorce.6. Now, the judge can again use her discretion to ensure a fair share of property or guarantee

spousal support.4. During the parliamentary discussion of the bill, many MPs questioned the seeming asymmetry of the bill, and

asked why the principle of compensation was not gender-neutral.1. The reason is that social institutions are usually tilted against women, and it is rare for men to have

sacrificed their earnings for the sake of the marriage. 2. And so, a gender neutral law in a context of inequality could create situations where a woman's plea is

reflexively countered, leading to massive litigation rather than progress. 3. This part of the bill has been seen to be contentious, with many questioning why a woman is entitled to

her husband's inherited or inheritable property.4. Given that its implementation leaves so much to the subjective assessment of a judge, it is crucial that



such decisions are just on both men and women.

The Dowry Prohibition (Amendment) Bill, 2012

1. It makes the distinction between the giver and take for the first time and labels the formers as a victim and hence prescribes differential treatment.

2. It makes it mandatory for a complete listing of all the gifts exchanged in the marriage and a registration in front of the dowry prohibition officer.

3. Women can file cases from anywhere in India now (this si to facilitate their filing cases from parental home). Further if the failure to meet the demand for any valuable or property leads to harassment or injury it would be deemed to be connected to dowry.

Manual scavenging Bill ( Prohibition of Employment as Manual Scavengers and their Rehabilitation Bill)

1. The earlier 1993 Act saw no conviction in its 20-year history despite the widespread prevalence2. This time the focus is equally on rehabilitation of manual scavengers as on prohibition of the practice and

punishment of the employers.3. Without rehabilitation of those engaged in this dehumanising labour, manual scavenging will find ways to hide

from the law, no matter how stringent the penal provisions for the employers.4. Another improvement in the current legislation is the acknowledgment that local and railway authorities have

been employers of manual scavengers--> main violators of the law included government authorities.5. Local bodies trying to clear blocked sewer lines or the railways trying to clean soiled tracks at stations and

toilets in trains have done little to introduce mechanization.

6. The current legislation sees protective gear and safety precautions for the workers as an alternative to mechanisation--- For the purposes of the Act, those using protective gear and devices as may be notified by the Central government would not come under the definition of a “manual scavenger”.



Disclosure of Lobbying Activities Bill

1. It requires the central government to set up a Lobbyists Registration Authority. 2. It covers lobbying activities intended to be undertaken by any entity, whether by itself or on behalf of others.3. The expression lobbying activity has been defined to mean the act of any communication and payment to a

public servant. Such act and payment must be done or made with the aim of influencing a legislative action, an executive action or the nomination or promotion of any person for a position in a public office.

1. Inclusion of payment to a public servant is a gross conceptual error that blurs the very distinguishing line between lobbying and bribing. Such inclusion may means that so long as a payment made to a public



servant has been disclosed, it is a legitimate activity.4. While it penalises submission of inaccurate information, there is no corresponding provision penalising the

failure to file the information.

The Human DNA Profiling (Draft) Bill, 2012

1. It envisages creation of a National DNA Data Bank whose access will be restricted to those related to the victim or the suspect, death sentence convicts. It plans to legalize collection and analysis of DNA samples of

offenders, suspects,missing persons and 'volunteers' for forensic purpose. This list may be expanded under the rules of the Bill.

2. It provides for sharing of DNA profiles of criminals with other countries in order to tackle terrorism. 3. One concern is that there is no provision to delete the data if the 'volunteer' so wishes at a later stage. Nor is

there a provision to take there consent in order to share the data with a third party.4. There will be a DNA Profiling Board that will lay down the standards for laboratories, collection of human DNA

and standards for reporting and storage and policies of use. There will be similar structures at state level. It

would be headed by a renowned molecular biologist and other members would be from a legal, police and biological background.

5. The board will also advise on all ethical and human rights related issues.



The National Identification Authority of India Bill, 2010



The Companies Bill, 2011

1. It will replace the Companies Act, 1956 and will simplify regulations related to formation, M&A and winding up.2. 2% of the average profit of past 3 years to be earmarked for CSR initiatives.

3. Auditor to be changed every 4 years to prevent Satyam like mishap.4. Insider trading to be prohibited.

5. Liability and term of independent directors fixed.6. National Company law Tribunal and National Company Appellate Law Tribunal to be setup with appeals from

them only going to Supreme Court on points of law. It will streamline the procedure.

The Public Interest Disclosure and Protection to Persons Making the Disclosures Bill, 2010The Provisions

1. This gives statutory effect to the government notification of 2004 in this regard on which the current CVC works. Any person can make a disclosure of corruption to the vigilance commission.

2. The complaint has to be with the identity of the complainant and with supporting documents.3. The VC will first verify the identity of the complainant and then keep it confidential. He may choose to disclose

it to the HoD if he deems necessary.4. If the complaint is found to be

frivolous then a penalty will be imposed on the complainant. If found true, then the VC can recommend proceedings to start against the accused.

5. To safeguard the whistleblower, VC can order for his protection and also restoration in case if victimization.

Rights of Persons with Disabilities Bill (Draft), 2011

1. Mentally unsound women are subjected to sterilization as chances of

exploitation of such women are high. Sometimes forced abortions are performed.2. The Bill seeks to protect political, social justice, reproductive and medical rights of the disabled.

3. Whoever indulges in such a practice or aids in it will be punishable. 4. Disabled cannot be barred from casting votes.

The Mines (Amendment) Bill, 2011

1. It seeks to enhance safety in mines in light of new technologies. It extends the applicability of the Act of 1952 to

continental shelf and EEZ of India. 2. The owner is defined as ultimate controller of mine instead of immediate occupier. The owner will have to

maintain prescribed number of qualified people to supervise operations. Penalties have been increased for breach.

Legal Framework for Disabled in IndiaCurrent Approach

1. All the relevant laws follow a 'welfare approach' and are heavily loaded with terms such as 'welfare' and 'endeavor', and aim to implement all objectives only 'within the economic capacity of state'. This needs to be

changed to a 'rights based approach'. The current laws view disabled as suffering from a 'deficit' who need the 'compensations' from the

government and don't treat her as a productive individual.

2. First problem is before 2001 India never attempted to include data for disabled in its census. Thus no census, no statistics, no problem.

Even after that it asserts that only 2% population suffers from disability while corresponding figures are 5% in China and Pakistan and over

10 - 15% in developed countries.

The Persons with Disabilities (Draft) Bill, 2012



1. It seeks to replace the 1995 Act and is based on the UN Convention. It will reward the employment of persons with disabilities as any employer with > 20 employees and employing disabled for over 5% of its workforce will

get a salary deduction in its taxable income for the number over 5%. If he employs < 5%, he would be required to add the balance to his taxable income.

2. The Bill strongly supports integration of children with disabilities into an inclusive education framework. But our schools and teachers don't have the needed facilities / training to handle the disabled.

The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995

1. Disabilities covered in the Act are:- blindness, low vision, leprosy-cured, hearing impairment, locomotor

disability, mental retardation, and mental illness. It establishes central and state level committees to monitor its implementation (develop policy, coordinate between departments, tender advise to government). It also provides for a chief commissioner.

2. Education: It seeks to make 'endeavors' to provide education to the disabled children. The focus is not on

building capacities in them but just to make them cope with the mainstream education. Currently education of disabled is not a purview of MoHRD (which formulates the SSA) but falls under MoSW (which has no

education programme and focuses only on rehabilitation).3. Employment: 3% reservation in identified posts in PSU and government employment. No employer shall

terminate an employee who acquires a disability during service. No employer shall also deny promotion to an employee on grounds of disability.

4. Barrier free environment: The Government shall provide aids and appliances to persons with disabilities and

shall provide land at concessional rates for allotment to persons with disabilities for housing, business, special recreation centres, special schools, research centres and factories by entrepreneurs with disabilities. All

authorities shall within their capacity, provide auditory signals along red lights, crossings, constructions shall be designed for wheel chair users, and engraving on zebra crossing for blind people. Building and toilets shall be

constructed with ramps and other features. 5. Early recognition of disabilities

6. Social security

National Trust Act, 1999

1. It provides for legal guardianship through local level committees that will allow as much of independent living as

possible. It creates a trust which aims to provide total care to persons with mental retardation and cerebral palsy and also manage the properties bequeathed to the Trust.

Rehabilitation Council of India Act, 1992

1. Deals with development of manpower for provision of rehabilitation services.

UN Convention of Rights of People with Disabilities, 2008

1. It mandates for changing domestic laws to reflect the provisions of the convention. But India didn't sign the

'optional protocol' and managed to protect itself in case of not fulfilling the commitments made under CRPD.2. The CRPD recognizes inherent worth and dignity, usefulness and independence of a disabled individual and

follows a rights based approach and developing a productive capacity in the disabled.3. It also follows a 'cross disability' and 'cross sectoral' approach and gives the governments to define disability

as per their local conditions.

Mental Health Act, 1987

1. It regulates the treatment procedure of mentally challenged. It sought to fix the maintenance responsibility for

the mentally challenged persons on their guardians, sought to regulate the conditions in which a person can be admitted to treatment centers (so as not to be admitted unfairly), protect the society from such people (if they

become a danger), regulate the procedures in treatment centers etc.



National Disabled Policy

1. It recognizes that disabled are valuable human resources for the society and seeks to create an enabling environment.

2. It recognizes that disabilities in most cases are preventible and thus focuses on measures to prevent disabilities (like better mother and child care).

3. For physical rehabilitation, it emphasizes early detection (government to create necessary facilities and disseminate information), providing medical services (extending them to rural areas via ASHA), provide

assistive assets like wheel chairs etc. and train rehabilitation professionals.4. For education, disabled (51% are illiterate) to be covered under SSA (special schools, teaching @ home,

special devices etc.) and then under a separate programme from 15 - 18 years.5. For employment, apart from the provision in PWD Act, 1995, vocational training to be provided for wage

employment in private sector, assets to be given for gainful employment.6. For women, focus will be on preventing their exploitation and programmes will be undertaken for their

rehabilitation to ensure at least 25% beneficiaries are women.

7. On social security, fiscal sops will be given. State governments will be encouraged to come up with specific policies.

National Policy on Universal Electronic Accessibility

It recognizes the need to eliminate discrimination on the basis of disabilities and to facilitate equal access to electronics and ICTs.



The policy will facilitate equal and unhindered access to electronics and ICTs products by differently abled persons and facilitate local language support for the same.

The following strategies are envisaged for the implementation of the policy:

• Creating awareness on universal electronics accessibility universal design.

• Capacity building and infrastructure development.

• Setting up of model centres for providing training and demonstration.

• Conducting research and development.

• Developing programme and schemes with greater emphasis for differently abled women/children.

• Developing procurement guidelines for electronics and ICTs for accessibility and assistive needs.

The Pension Fund Regulatory & Development Authority Bill, 2011

1. It seeks to give statutory power to the authority setup in 2003 and alters the name of new pension system to national pension system (earlier for central government employees only and in 2009 extended to all citizens.

2. Each subscriber will now have 1 account which will be portable across job changes. Instead of 'defined

benefits' now it will be a 'defined contribution' scheme. NPS is currently optional for unorganized workers (in US it is mandatory and goes a long way in providing old age security).

The Banking Laws (Amendment) Bill, 2011

1. It seeks to increase the regulatory powers of RBI. It also amends existing laws to make it easier for nationalized banks to raise capital by removing their ceiling of authorized capital and allowing them bonus and rights issues.

2. It also raises the ceiling of voting rights of shareholders of nationalized banks from 1% to 10% and removes

the current voting ceiling of 10% of all shareholders combined.3. If anybody wants to acquire ≥ 5% stake in a bank, RBI approval will be needed. 4. If the bank is working against the interests of the depositors, RBI can supersede its board for 12 months and

appoint an administrator.

5. It can also now impose penalties on banks erring on CRR.6. Banking M&As will be out of purview of CCI since they are regulated by RBI.

The Forward Contracts (Regulation) (Amendment) Bill, 2010

1. It changes the role of forwards market commission from a government department to an independent regulator

like SEBI, increases its strengths and empowers it to penalize defaulters. 2. Trading in all forwards and options will be allowed on all commodities. The government can still prohibit

forward trading by notification and will retain the power to supersede FMC.

The Copyright (Amendment) Bill, 2010

1. This Bill seeks to bring Indian laws in line with commitments of international treaties. It expands the definition of

“copyright” to include musical works, computer programs etc.

2. It includes a system of compulsory licensing of copyrighted works for the benefit of the disabled, with the prior

approval of the Copyright Board. But such procedure is not time bound!

3. It protects rights of actors, performers, directors etc. by extending the copyright of the film to them as well for 70

years.



The Pesticide Management Bill, 2008

1. The Bill sets criteria by which a pesticide is to be classified as misbranded, sub-standard, or spurious.

2. The Bill establishes a Central Pesticides Board to advise the government on matters related to pesticide

regulation, manufacture, use and disposal.

3. It establishes a registration committee to register pesticides. Registration will have to meet the safety criteria

defined in Food Safety Standards Act, 2006. It gives out licenses for pesticide manufacture.

upsc polity

Documents

local complaints committee

internal complaints

sexual harassment

work place

sexual favours

redressing complaints

workplace bill

unwelcome sexual behavior