Private Members Bills.

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—21 REGISTERED NO. DL—(N)04/0007/2003—21 सी.जी.-डीx.एxलx.G-अID.-0H4x0x12x022-232392 CG-DL-E-04012022-232392 xxxGIDExxx vlk/kkj.k EXTRAORDINARY Hkkx [k.M II — 2 PART II—Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lña ubZ fnYyh] 'kqØokj] fnlEcj 3] 2021@vxzgk;.k 12] 1943 ¼'kd½ 25] No. 25] NEW DELHI, FRIDAY, DECEMBER 3, 2021/AGRAHAYANA 12, 1943 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. RAJYA SABHA ———— The following Bills have been introduced in the Rajya Sabha on the 3rd December, 2021:— I BILL NO. XVI OF 2020 A Bill further to amend the Right of Children to Free and Compulsory Education Act, 2009 BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. This Act may be called the Right of Children to Free and Compulsory Education Short title. (Amendment) Act, 2020. 2. In the Right of Children to Free and Compulsory Education Act, 2009, in section 8, Amendment after clause (i), the following clause shall be inserted, namely:— of section 8. "(j) provide incentive, financial or otherwise, to the parent or guardian, as the case may be, whose child has been enrolled in any school: Provided that a person shall be entitled to the incentive, financial or otherwise, as the case may be, only if the gross annual family income is below eight lakh rupees, or as may be prescribed by the appropriate Government, from time to time."2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Bill, in essence, is based on the successful Jagananna Amma Vodi programme of Andhra Pradesh. The said program has helped to increase the student enrolments in the state. This law therefore can be replicated nationally. The Right of Children to Free and Compulsory Education Act, 2009, tried to bring in a healthy regime for compulsory elementary education, such as establishing neighbouring schools, providing training to teaching staff and prescribing of curriculum in a timely manner but fell short of incentivising the parents or the guardians who would be sending their wards to school. The insertion of clause(s) of article 51A in the constitution of India merely made it a fundamental duty for the parent or guardian to provide educational opportunities to his child between the ages of six to fourteen. However, a need was felt to take further steps which would result in an increase in enrolment levels in the country. An amendment in the 2009 Act to provide incentives to parents or guardian is required to enable India to achieve its target of hundred per cent enrolment in elementary schools. Hence, this Bill. V. VIJAYASAI REDDYSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 FINANCIAL MEMORANDUM The intended amendment to the Right of Children to Free and Compulsory Education Act, 2009 provides for giving incentives financial or otherwise, to the parents or guardians, subject to a minimum income limit. A recurring expenditure of about rupees ten thousand crore per annum is anticipated for the expenses towards the same. No non-recurring expenditure likely to be incurred.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— II BILL NO. IX OF 2020 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Constitution (Amendment) Act, 2020. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Insertion of 2. After article 21A of the Constitution, the following article shall be inserted, namely:— new article 21B. Right of "21B. The State shall provide unemployment benefits to all involuntarily graduates to unemployed graduates of the age of twenty-one to sixty years in such manner as the unemployment State may, by law, determine." benefits.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5 STATEMENT OF OBJECTS AND REASONS The Constitution of India, in one of the Directive Principles of State Policy contained in article 41, has made a provision for the State to make effective provisions, within its economic capacity and development, for securing right to work, education and to public assistance in cases of unemployment amongst others. Despite increasing levels of education and broadening the scope of education, we haven't been able to provide for an effective mechanism to reduce unemployment in the country. Unemployment amongst the graduates still persists even after 70 years of the adoption of this provision. Unemployment is the worst form of social injustice and the graduates are the biggest hopefuls when it comes to jobs. India is a welfare state and therefore, needs to ensure basic financial and other support to involuntarily unemployed graduates as may be determined by the State through a separate law. Hence, this Bill. V. VIJAYASAI REDDY6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill provides for unemployment benefits to the unemployed graduates of the country. This Bill, if enacted, would involve expenditure from the Consolidated Fund of India. In respect of subjects falling under the jurisdiction of Central Government. However, it is not possible to access the actual financial expenditure likely to be incurred at this stage.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7 III BILL NO. VIII OF 2021 A Bill further to amend the Indian Penal Code, 1860. BE it enacted by the Parliament in the Seventy-second Year of the Republic of India as follows:–– 1. (1) This Act may be called the Indian Penal Code (Amendment) Act, 2021. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 45 of 1860. 2. For section 295 of the Indian Penal Code, 1860, the following section shall be Substitution of substituted, namely:— Section 295. "295. Whoever destroys, damages or defiles any place of worship, or any object held Injuring or defiling place sacred by any class of persons with the intention of thereby insulting the religion of any of worship class of persons or with the knowledge that any class of persons is likely to consider such with intent to destruction, damage or defilement as an insult to their religion, shall be punishable with insult the imprisonment of either description for a term which may extend to twenty years, or with fine, religion of any class. or with both.".8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS India is a religious society. Religion plays an important role in each of our lives and forms an indispensable part of our society. It is the basis of our ceremonies, festivals and even harvest celebrations. Andhra Pradesh has unfortunately witnessed a spate of temple desecrations. These cowardly attacks need to be dealt firmly by the State in a manner which has a deterrent effect. Data on attacks on temples in Andhra Pradesh shows that in 2020, about 228 cases of attacks on temples were registered, compared to 305 cases in 2019, 267 in 2018, 318 in 2017, 332 in 2016 and 290 in 2015. A stricter national law, hence, is the need of the hour. Such acts of desecrations are a social evil and affect the sentiments within the society as well as create an environment of disharmony. Section 295 of the Indian Penal Code at present provides for just 2 years of imprisonment. Considering the harm caused to the society at large by incidents of desecration, the punishment under section 295 of the IPC therefore needs a revision to curb such acts. Hence, this Bill. V. VIJAYASAI REDDYSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9 IV BILL NO. XXI OF 2020 A Bill to provide for the establishment of a permanent Bench of the High Court of Orissa in Western Odisha. BE it enacted by Parliament in the Seventy-first year of the Republic of India as follows:— 1. (1) This Act may be called the High Court of Orissa (establishment of a Permanent Short title. Bench in Western Odisha) Act, 2020. (2) There shall be established a permanent Bench of the High Court of Orissa in Establishing a Western Odisha at a suitable place, to be decided by the Union Government in consultation bench of HC of Orissa in with the Orissa High Court and other appropriate authorities as may required and; such Western Judges of the Orissa High Court, being not less than five in number, as the Chief Justice of Odisha. that High Court may from time to time nominate, shall sit at such place where the permanent bench will be set up in order to exercise the jurisdiction and power for the time being vested in that High Court in respect of cases arising in the districts of Western part of the State of Odisha, including Bargarh, Bolangir, Jharsuguda, Nayagarh, Nuapada, Sambalpur, Subarnapur, Kalahandi, Baudh, Sonepur, Koraput, Kandhamal, Nabarangpur, Raygada and Sundargarh.10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Constitution of India provides the right of access to justice to every citizen. Justice at the door step has been the motto of every Government, and yet the demand for establishment of a permanent bench of the Orissa High Court in Western Odisha has been pending for a long time. There have been unending agitations, protests and demonstrations by all sections of the people in support of the cause. Many parts of Western Odisha are tribal dominated and a larger part by the other backward communities. The High Court of Orissa situated at Cuttack is roughly at a distance of around three hundred kilometers from districts of Western Odisha. The people of that region are not in a position to bear the burden of expenditure on account of travelling and lodging to Cuttack frequently. The Orissa High Court, as such, is over-burdened with cases. In average, there is only one High Court Judge per forty lakh of the population of the State. This Bill, therefore, seeks to establish a permanent Bench of the Orissa High Court at any suitable place in Western Odisha by the Union Government in consultation with the Hon'ble High Court of Orissa and other appropriate authorities. Hence, this Bill. PRASANNA ACHARYASEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11 V BILL NO. XXVI OF 2020 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2020. Short title and commencement. 2. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 3. Article 248 of the Constitution shall be omitted. Omission of article 248.12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 4. In the Seventh Schedule to the Constitution,— of Seventh Schedule. (a) in List I—Union List, entry 97 shall be omitted; (b) in List II—State List, (i) After entry 18, the following entry shall be inserted, namely;— "18A Education including technical education, medical education and Universities, subject to the provisions of entries 63, 64, 65 and 66 of List—I;" (ii) After entry 66, the following entry shall be inserted, namely;— "67. Any other matter not enumerated in List-I or List-III including any tax not mentioned in either of those lists.". (c) in List III—Concurrent List, entry 25, shall be omitted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13 STATEMENT OF OBJECTS AND REASONS The forefathers of our Constitution had a vision for a strong State and a strong Centre. India is a federal State. By reserving all the residuary subjects in the Union List, the States are not empowered to function even in the subjects allotted to them under the State list. In the Constitution of Australia, the residuary powers are vested with the States. In the United States of America also, the residuary powers have gone towards the States. India is a living example of unity in diversity. Dr. Ambedkar, the founder of Constitution of India had said: "It is agreed that our Constitution, notwithstanding many provisions which are contained in it whereby the Centre has been given powers to override the provinces, nonetheless is a federal Constitution and when we say that the Constitution is a federal Constitution, it means that the provinces are as sovereign in their field, which is left to them by the Constitution, as the Centre is in its field which is assigned to them." The Bill provides for the transfer of residuary subjects from the Union List to the State List. Further, education including technical education, medical education and Universities are the subjects which were originally in the State List, when the Constitution was adopted in 1950. However, these subjects were transferred to the Concurrent List by the Constitution 42nd Amendment Act, 1976. With the result, when many States are having their own system of education, thrusting on them common syllabus, common entrance test and other regulations create problems for the States and the people at large. Hence, this Bill. VAIKO14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— VI BILL NO. XXV OF 2020 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Constitution (Amendment) Act, 2020. commencement. (2) It shall come into force at once. Amendment of 2. In the Seventh Schedule to the Constitution— the Seventh Schedule. (i) In List II—State List, for entry 6, the following entry shall be substituted, namely:— "6. Sanitation; hospitals and dispensaries subject to the provisions of entry 29A of List III. (ii) In List III—Concurrent List, after entry 29, the following entry shall be inserted, namely:— "29A. Public health"SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15 STATEMENT OF OBJECTS AND REASONS While the subject of healthcare, in general, is under the legislative competence of a State, the Parliament is empowered to legislate in respect of prevention of extension of infectious or contagious diseases from one state to another. The recent pandemic has amplified certain disconcerting gaps in our current Indian healthcare system. This necessitates more concerted efforts between Centre and States to ensure a finer healthcare system, in terms of accessibility, affordability, availability and quality. The importance of the right to healthcare cannot be overstated. Right to Helath has been held to be a fundamental right, under Article 21 of the Constitution, in a catena of decisions, by the Supreme Court of India and various High Courts. Additionally, certain similar notions have also been enshrined under articles 39(e), 41 and 43 of the Constitution, as a directive principle of state policy. Furthermore, Right to Health, as an inherent human right, has been affirmed by many international covenants including the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights. These divergent sources of the same right highlight the utmost duty of the government to necessarily secure a proper healthcare for its entire people. However, the past experiences have shown a rising inequality, at a sub-national level, in respect to the standard of healthcare. The underlying reason for it arises out of the varying socio-economic factors prevalent across different states. This reflects a dire need of bringing the healthcare system of different states at an equal footing, as far as possible. This issue can only be remedied when a constitutional mandate is secured, for both Centre and state(s) together, to tackle healthcare related issues with a coordinated approach. This approach will also not burden the financial resources of the Centre in any new manner as this Bill only seeks to enable a better coordination framework for all stakeholders to work in. Hence, this Bill. DR. VIKAS MAHATME16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— VII BILL NO. II OF 2021 A Bill further to amend the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. BE it enacted by Parliament in the Seventy Second Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Cigarettes and other Tobacco Products (Prohibition commencement. of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) (Amendment) Act, 2021. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17 2. In the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Substitution of 34 of 2003. Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 preamble. (hereinafter referred to as the principal Act), for the preamble, the following shall be substituted, namely:— WHEREAS India is a signatory to the World Health Organization Framework Convention on Tobacco Control adopted in Geneva, Switzerland on 21st day of May 2003 which came into force on the 27th day of February, 2005; AND WHEREAS the objective of this Convention and its protocols is to protect present and future generations from the devastating health, social, environmental and economic consequences of tobacco consumption and exposure to tobacco smoke by providing a framework for tobacco control measures to be implemented by the Parties at the national, regional and international levels in order to reduce continually and substantially the prevalence of tobacco use and exposure to tobacco smoke; AND WHEREAS, it is considered expedient to enact a comprehensive law to implement the WHO Framework Convention on Tobacco Control and its Guidelines in the public interest and to protect the public health; AND WHEREAS, it is expedient to prohibit the consumption of cigarettes and other tobacco products which are injurious to health with a view to achieving improvement of public health in general as enjoined by article 47 of the Constitution; AND WHEREAS, it is expedient to prohibit the advertisement of, and to provide for regulation of trade and commerce, production, supply and distribution of, cigarettes and other tobacco products and for matters connected therewith or incidental thereto: 3. In section 3 of the principal Act, — Amendment of Section 3. (i) for clause (a), the following clause shall be substituted, namely:— "(a) "advertisement" includes any visible representation by way of notice, circular, label, wrapper pamphlet, brochure, programme, price-list, label, wrapper or other document and any form of commercial communication, recommendation, or action with the aim, effect, or likely effect of promoting cigarettes or any other tobacco product, or tobacco use, either directly or indirectly;" (ii) for clause (c), the following clause shall be substituted, namely:— (c) "distribution" includes distribution by way of samples. (iii) for clause (1), the following clause shall be substituted, namely: — (1) "public place" means any place to which the public have access, whether as of right or not, and includes auditorium, hospital buildings, airports, railway station, railway waiting room, bus stop, amusement centres, hotels, restaurants, public offices, work places, court buildings, educational institutions, libraries, parks, public conveyances and the like which are visited by general public; (iv) clause (n), shall be omitted. 4. For section 4 of the principal Act, the following section shall be substituted, namely:— Substitution of section 4. "4. No person shall smoke or use tobacco products in any public place. Prohibition of use of tobacco Explanation.—For the purpose of this section, "use" means, chewing, inhaling, in a public ingesting, spitting or otherwise introducing the tobacco product or any of its constituents or place. emissions into the human body or voluntary ejecting tobacco product or any of its constituents or emissions after chewing, inhaling and ingesting;18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Substitution of 5. For section 5 of the principal Act, the following section shall be substituted, namely:— section 5. Prohibition on "5.(1) No person shall initiate, produce, disseminate or broadcast any advertisement advertisement or promotion of cigarettes or any other tobacco products through any and medium and no person shall directly or indirectly promote the use or consumption of promotion of cigarettes or any other tobacco products. cigarettes or any other (2) No person, for any direct or indirect pecuniary benefit or otherwise, shall- tobacco products. (a) display, cause to display, or permit or authorise to display any advertisement of cigarettes or any other tobacco product on any medium including audio, audiovisual, print (including newspapers or magazines whether domestic or international, pamphlets, leaflets, flyers and letters), billboards, hoardings, posters, signs, non-tobacco products, tobacco accessories, buildings or other structures, vehicles, television, radio, films, music, games, live performances, the internet including over-the-top media services, social media platforms, mobile telephones, and other new technologies; or (b) supply or offer to supply free samples of a tobacco product, including in connection with marketing surveys or taste testing; or (c) import, distribute, sell or offer for sale any confectionery or other food product or any toy or any other article that is designed to resemble a tobacco product or the packaging of which is designed to resemble the packaging commonly associated with a tobacco product; or (d) offer to sell any tobacco product at a discounted price; or (e) provide gifts or discounted products with the purchase of any tobacco product; or (f) offer or engage in any incentive promotions, loyalty schemes, or competitions associated with tobacco products or brand names whether requiring the purchase of tobacco products or not; or (g) use a name, brand, mark or trademark of a tobacco product on or in association with, or for marketing, promoting or advertising, any other product, service or event; or (h) use particular colours, layouts or presentation that are associated with particular tobacco products for marketing, promoting or advertising, any other product, service or event; or (i) market tobacco products with the aid of a name, mark or brand which is known as, or in use as, a name or brand for any other product, service or event; or (j) use tobacco products when advertising other goods and services. Explanation:—For the purpose of this section, "advertising" means any form of commercial communication, recommendation, or action with the aim, effect, or likely effect of promoting cigarettes or any other tobacco product, or tobacco use, either directly or indirectly. (3) No person, shall:— (a) provide, receive, initiate or be a party to sponsorship in relation to a tobacco product; (b) promote or agree to promote whether directly or indirectly any mark, trademark or brand name of a company whose principal business is the manufacture, import or distribution of tobacco products;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19 (c) provide, receive, initiate or be a party to the provision of financial or other support to artistic, sporting, political or other events, activities, individuals or groups, including corporate social responsibility activities, by or from a company whose principal business is the manufacture, import or distribution of cigarettes or any other tobacco products. Explanation:—For the purpose of this sub-section,— (a) "sponsorship" means any form of contribution to any event, activity or individual with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly; (b) "trade mark" means the whole or a part of a trade mark that is 47 of 1999. registered under the Trade Marks Act, 1999 in respect of goods that are or include tobacco products, irrespective of whether the same or similar marks are also registered in respect of other goods or services". (4) No person shall cause or permit display of any tobacco product, or their packaging at the entrance or inside of a warehouse or a shop where cigarettes or any other tobacco products are offered for distribution or sale. Explanation:—For the purpose of this section, "display" means, when any tobacco product or the packaging of a tobacco product is visible to any member of the public in general and not during the course of a transaction for the sale of a specific tobacco product. (5) The owner or person in control of a warehouse or a shop where cigarettes or any other tobacco products are offered for distribution or sale, — (a) shall ensure that cigarettes and other tobacco products are kept in a closed container or dispenser that is not accessible to any member of the public; (b) may display a sign in black writing on a white background that states tobacco products are available for sale, provided that the size, nature and location of the sign are as prescribed by rules made under this Act; (c) may provide a list of cigarettes and other tobacco products available for sale, in a manner as prescribed by rules made under this Act." 6. In Section 6 of the principal Act, — Amendment of section 6. (i) in clause (a), for the word "eighteen", the word "twenty one" shall be substituted. (ii) in clause (b), for the word "yards", the word "meters" shall be substituted. 7. In section 7 of the principal Act,— Amendment of section 7. (i) after sub-section (3), the following sub-section shall be inserted, namely:— " (3A) No person shall sell, offer to sell cigarettes or any other tobacco products outside its package but in sealed, intact, original packaging of standard size, contents and weights as may be prescribed." (ii) for sub-section (4), the following sub-section shall be substituted, namely:— "(4) The specified warning shall appear on the principal display areas of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply in a manner as may be prescribed by rules made under this Act." (iii) for sub-section (5), the following sub-section shall be substituted, namely:— "(5) Any person manufacturing or producing cigarettes or any other tobacco products shall disclose periodically and upon request the constituents and emissions on each cigarette or as the case may be on other tobacco products to the Central Government in such manner as may be prescribed.20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Provided that the information disclosed on the constituents and emissions on each cigarette or as the case may be on other tobacco products shall be indicated by the producer, supplier, distributer or seller on every package of cigarettes or any other tobacco product in such manner as may be prescribed by rules made under this Act". Amendment of 8. In section 10 of the principal Act, for the words "nicotine and tar contents", the section 10. words, "constituents and emissions" shall be substituted. Amendment of 9. In section 11 of the principal Act, for the words "nicotine and tar contents", the section 11. words, "constituents and emissions" shall be substituted Amendment of 10. In section 15 of the principal Act, for the words "nicotine and tar contents", the section 15. words, "constituents and emissions" shall be substituted. Amendment of 11. For section 20 of the principal Act, the following section shall be substituted, section 20. namely:— Punishment (1) Any person who produces or manufactures cigarettes or any other tobacco for failure to products, which do not contain, either on the package or on their label, the specified give specified warning and constituents and emissions shall in the case of first conviction be warning and punishable with imprisonment for a term which may extend to two years, or with fine constituents and emissions. which may extend to fifty thousand rupees, or with both, and for the second or subsequent conviction, with imprisonment for a term which may extend to five years and with fine which may extend to one lakh rupees. (2) Any person who sells or distributes cigarettes or any other tobacco products which do not contain either on the package or on their label, the specified warning and constituents and emissions shall in the case of first conviction be punishable with imprisonment for a term, which may extend to one year, or with fine which may extend to ten thousand rupees, or with both, and, for the second or subsequent conviction, with imprisonment for a term which may extend to two years and with fine which may extend to twenty five thousand rupees. (3) Any person who produces or manufactures cigarettes or any other tobacco products, does not disclose to the Central Government the constituents and emissions of cigarettes or any other tobacco products shall in the case of first conviction be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to fifty thousand rupees, or with both, and for the second or subsequent conviction, with imprisonment for a term which may extend to five years and with fine which may extend to one lakh rupees. Amendment of 12. In Section 21 of the principal Act, in sub-section (1), for the words "two hundred section 21. rupees" the words, "one thousand rupees" shall be substituted. Amendment of section 22. 13. In section 22 of the principal Act,— (i) in clause (a), for the words, "which may extend to one thousand rupees" the words "which may extend to ten thousand rupees" shall be substituted. (ii) in clause (b), for the words, "which may extend to five thousand rupees" the words, "which may extend to fifty thousand rupees" shall be substituted. Substitution of 14. For section 23 of the principal Act, the following section shall be substituted, section 23. namely:— Forfeiture of 23. Where any person has been convicted under this Act for the contravention advertisement of the provision of sections 3,5, 6 and 7, the advertisements materials and packages of materials and cigarettes and other tobacco products may be forfeited to the Government and such packages of cigarettes. advertisements materials and packages shall be disposed of in such manner as may be prescribed by rules made under this Act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21 15. For section 24 of the principal Act, the following section shall be substituted, Substitution of namely:— Section 24. 24. Any person who contravenes the provisions of section 6 shall be guilty of Punishment for sale of an offence under this Act and shall be punishable with imprisonment for a term which cigarettes or may extend to seven years and shall also be liable to a fine which may extend upto one other tobacco lakh rupees. products in certain places or to persons below the age of twenty one years. 16. After section 24 of the principal Act, the following sections shall be inserted, Insertion of namely: — new sections 24A and 24AA. 24A. No person shall directly or indirectly, produce or manufacture or sell or Prohibition on distribute or offer for sale or permit sale of illicit cigarettes or any other tobacco production or sale etc. of products. illicit cigarettes or any other tobacco products. "24A. (1) Any person who produces or manufactures or supplies or imports Punishment illicit cigarettes or any other tobacco products shall in the case of first conviction on production or sale etc. of be punishable with imprisonment for a term which may extend to two years, or illicit with fine which may extend to fifty thousand rupees, or with both, and for the cigarettes or second or subsequent conviction, with imprisonment for a term which may any other extend to five years and with fine which may extend to one lach rupees. tobacco products. (2) Any person who distributes or sells, or offers for sale or permits sale of illicit cigarettes or any other tobacco products shall in the case of first conviction be punishable with improsonment for a term, which may extend to one year, or with fine which may extend to ten thousand rupees, or with both, and, for the second or subsequent conviction, with imprisonment for a term which may extend to two years and with fine which may extend to twenty five thousand rupees." 17. In section 25 of the principal Act, -"the words and figure "or section 6" wherever Amendment of they occurred shall be omitted". section 25. 18. For section 27 of the principal Act, the following section shall be substituted, Substitution of namely:— section 27. "27.(1) Notwithstanding anything contained in the Code of Criminal Procedure, Offences to be 2 of 1974. 1973, an offence punishable under this Act shall be bailable. cognizable and bailable. (2) For the avoidance of doubts, it is hereby declared that offences punishable under section 5, 6, and 7 of this Act shall be cognizable." 19. In section 28 of the principal Act, for sub-section (1), the following sub-section Amendment of shall be substituted, namely:— section 28. "(1) any offence committed under section 4 may either before or after the institution of the prosecution be compounded by such officer authorized by Central Government or State Government and for an amount which may not exceed one thousand rupees." 20. In section 30 of the principal Act, the following proviso shall be inserted, namely:— Amendment of section 30. "Provided that the Central Government, may, by notification, remove any tobacco product specified in the Schedule of the Act, in respect of which production, supply and distribution has been prohibited under any other law".22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment of 21. In section 31 of the principal Act, in sub-section (2),— section 31. (i) for clause (b), the following clause shall be substituted, namely:— "(b) specify the form and the manner in which constituents and emissions shall be disclosed to the Central Government and indicated on packages of cigarettes or other tobacco products under sub-section (5) of section 7". (ii) in clause (d), for the words "nicotine and tar contents", the words, "constituents and emissions" shall be substituted. Amendment of 22. In section 32 of the principal Act, in the proviso, for the words "nicotine and tar section 32. contents", the words, "constituents and emissions" shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 23 STATEMENT OF OBJECTS AND REASONS India has over 26 crores tobacco users, and tobacco kills over 13 lakh Indians each year. The total direct and indirect cost of diseases attributable to tobacco use was a staggering 1.04 lakh crore ($17 billion) in 2011 or 1.16 per cent of India's GDP according to the ‘Economic Burden of Tobacco Related Diseases in India’. Owing to such high numbers, there is a considerably high number of people who are exposed to secondhand smoke which can prove to be equally dangerous. Over the past two decades, India has made a considerable amount of progress. Nationwide surveys show that the proportion of people using tobacco came down from 34.6 per cent in 2010 to 28.6 per cent in 2017. This meant 81 lakh fewer tobacco users during this period saving a significant number of lives. The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act 2003 was enacted over 17 years ago. This Bill, while amending some of the penal provisions to make it more stringent also aims to abolish all designated smoking areas in airports, hotels and restaurants, as it has been shown that comprehensive smoke-free areas that include workplaces, restaurants, and bars are estimated to reduce the risk of heart attack by 85 per cent improve the respiratory health of workers, and may also reduce the risk of stroke. A study conducted in over 6000 hospitality venues across 8 cities in India found that only 4 per cent of the venues had a designated smoking room (DSR) and among those that could be assessed for compliance, only 3 per cent (n=3) were compliant with the requirements as provided for in the above Act. The Bill also aims to ban all point of sale advertising and point of sale tobacco product displays. A study assessing data from 130 countries found that point of sale advertising bans are significantly associated with reduced smoking experimentation among youth. A study reviewing data from 77 countries estimated that having a point of sale display ban reduced daily smoking prevalence by about 7 per cent. The Bill makes provision for prohibiting single stick sales of cigarettes and bidis. Evidence suggests that availability of single cigarettes facilitates smoking among youth and people with fewer resources, and that having greater accessibility of single cigarettes reduces the likelihood that smokers will make a quit attempt. The Bill also provides for establishing fines large enough to deter violations, establishing a system for increasingly severe penalties for repeat violations and provide authority for Ministry of Heath and Family Welfare OHFW to revise penalties through rules. The Bill seeks to achieve the stated objectives. Dr. SASMIT PATRA24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 21 of the Bill proposes to amend section 31 of the principal Act to empower the Central Government to make rules for specifying the form and the manner in which the constituents and omissions shall be disclosed to the Central Government. The rules to be made by the Government pertain to matters of administrative detail only. The delegation is, therefore, normal in character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 25 VIII BILL NO. XVIII OF 2021 A Bill further to amend the Indian Penal Code, 1860. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— 1. (1) This Act may be called the Indian Penal Code (Amendment) Act, 2021. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Act 45 of 2. For section 124A of the Indian Penal Code, 1860 (hereinafter referred to as the Code), Substitution of 1860. the following section shall be substituted,namely:— new section for section 124A. "124A. Whoever, by words, either spoken or written, or by signs, or by visible Sedition. representation or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine: Provided that the provisions of this section shall apply only when the words, signs, visible representation or any other action directly results in incitement of violence and commission of an offence punishable with imprisonment for life under this Code. Explanation.—Comments or signs or visible representation or any other act expressing disapprobation of the administrative measures or other action of the Government, do not constitute an offence under this section.". Substitution of 3. In the Code, for section 309, the following section shall be substituted namely:— new section for section 309. Threat of "309. Whoever holds out a threat of suicide to a public authority, with intent to suicide with cause that authority to do any act which it is not legally bound to do, or to omit to do intent to any act which it is legally entitled to do, as the means of avoiding the execution of such coerce a public threat, and does any act towards the execution of such threat, shall be punished with authority. imprisonment of either description for a term which may extend to three years or with fine, or with both." Substitution 4. In the Code, in section 375, for Exception 2, the following Exception shall be of new substituted, namely:— exception for exception 2 "(2) Marriage or other relationship shall not constitute a defence to a charge of of section rape under this section." 375.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 27 STATEMENT OF OBJECTS AND REASONS Democracy is not another name of majoritarianism, on the contrary it is a system to include every voice, where thought of every person is counted, irrespective of the number of the people backing that idea. In a democracy, it is natural that there will be different and conflicting interpretations of a given account of an event. Not only viewpoints which constitute the majority are to be considered, but at the same time, dissenting and critical opinions should also be acknowledged. Free speech is protected because it is necessary to achieve some greater, often ultimate, social good. In a democratic set-up, there has to be an active and intelligent participation of the people in all spheres and affairs of their community as well as the State. It is their right to be kept informed about current political, social, economic and cultural life as well as the burning topics and important issues of the day in order to enable them to consider and form broad opinion about the same and the way in which they are being managed, tackled and administered by the Government and its functionaries. To achieve this objective the people need a clear and truthful account of events, so that they may form their own opinion and offer their own comments and viewpoints on such matters and issues and select their further course of action. 2. The Supreme Court has also narrowed the scope and applicability of section 124A, in its landmark judgment in Kedar Nath Singh V/s State of Bihar (1962) case, where it linked sedition to a test of tangible evidence of actual harm. There is an urgent need to amend section 124A of the Indian Penal Code in compliance with the judgment of the Supreme Court and to prevent the possibility of undue harassment of citizens who simply disagree with the Government. 3. Section 309 of Indian Penal Code criminalised an attempt to suicide by any person. However section 115 of the Mental Health Care Act, 2017 States that any person who attempts to commit suicide shall be presumed to have stress and therefore shall not be punished under IPC thus making provision of section 309 of IPC obsolete. The Law Commission had twice, in 1971 and 2008, also recommended the repeal of section 309 of the IPC. In Aruna Ramchandra Shanbaug v. Union of India, (2011) 4 SCC 454, the Supreme Court emphasised that a person suffering from mental health illnesses needs help rather than punishment. However, it is imperative to punish suicide where it serves another purpose, i.e., an attempt to suicide should be criminalised when it is used as an instrument to thereaten with the object of coercing a public authority to pursue a course of action. To prevent suicide attempts being used as threats, to intimidate of coerce public authorities, the new provision be added to the code. 4. In India, marital rape exists de facto but is not recongnised de jure, i.e. in law. While in other countries either the legislature has criminalized marital rape, or the judiciary has played an active role in recognizing it as an offence, in India, however, very little has been done to recognise this crime. Though marital rape is the most common and repugnant form of masochism in Indian society, it is hidden behind the iron curtain of marriage. In 1993, the United Nations High Commissioner for Human Rights published the declaration on the elimination of violence against women. This also establishes Marital Rape as a human right violation. However, India is one of the thirty-six countries that still have not criminalized marital rape. In a landmark judgment, the Supreme Court in Independent Thought v. Union of India, (2013) 382 SCC (2017) criminalized unwilling sexual contact with a wife between fifteen and eighteen years of age. This judgment has in turn led to an increase in other writs challenging the constitutionality of Exception 2 of section 375 of IPC as a whole. Although the Constitution guarantees equality to all under Article 14, Indian criminal law discriminates against female victims who have been raped by their own husbands. Exception 2 also violates Article 21’s right to live a healthy and dignified life. It is well settled that the “right to life” envisaged in Article 21 is not merely a right to exist. The courts have repeatedly held that the “right to life” encompasses a right to live with human dignity. Yet, the very existence of Exception 2 of section 375 which fails to deter husbands from engaging in acts of forced sexual contact with their wives, adversely affects the physical and mental health of women28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— and undermines their ability to live with dignity. It is time that we recognise the inhumane nature of this provision and consign it to the dustbin of history. This Bill seeks to amend sections 124A, 309 and Exception 2 of section 375 of the Indian Penal Code, 1860 to achieve the aforesaid objectives. DR. SASMIT PATRASEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 29 IX BILL NO. XXI OF 2021 A Bill further to amend the Advocates Act, 1961. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:–– 1. (1) This Act may be called the Advocates (Amendment) Act, 2021. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 25 of 1961. 2. In section 2 of the Advocates Act, 1961 (hereinafter referred to as the principal Amendment of Act), after clause (i), the following clause shall be inserted, namely:— section 2. ''(ia) "misconduct" includes any act of a legal practitioner that is found to be in breach of or wanting in observance of the standard of professional conduct or etiquette prescribed by the rules framed under clause (c) of sub-section (1) of section of this Act, or any conduct that is a disqualification for enrolment under section 24A of this Act."30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 3. In section 35 of the principal Act, in sub-section (3), after clause (d), the following of section 35. clauses shall be inserted, namely:— "(e) impose such fine as it may deem fit, proportionate to the gravity of the misconduct proved against the advocate, subject to the maximum limit of three lakh rupees; and (f) award a fair and reasonable compensation of such amount as it may deem fit, subject to the maximum limit of five lakh rupees, payable to the person aggrieved by the misconduct of the concerned advocate." Amendment 4. In section 43 of princial Act, after clause (b), the following shall be inserted, of section 43. namely:— "Provided that the disciplinary committee may order special or exemplary costs, subject to a maximum of two lakh rupees, to be payable either by the complainant, if the complaint is found to be vexatious or frivolous, or by the respondent advocate, if he is found to have been uncooperative in the disciplinary proceedings under this Act."SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 31 STATEMENT OF OBJECTS AND REASONS The legal profession is considered a noble profession as it facilitates the establishment of a legal system that dispenses fair and impartial justice and protects the rule of law. The fundamental prerequisite for preserving the nobility of this profession is to ensure adherence to a well-defined set of professional norms that seek to regulate the conduct of advocates and provide adequate punishment in cases of proven misconduct. Although both the Advocates Act 1961 and the Bar Council of India Rules lay down the standards of professional conduct, they are silent as to what the term ‘misconduct’ means in the context of the legal profession. This lack of specificity has resulted in the arbitrary usage of section 35 of the Act, which seeks to penalise the misconduct of advocates. Furthermore, the forms of punishment prescribed under section 35 are very limited. They do not allow for imposition of fine on the advocate on whose part the misconduct is proven, or provision of compensation to the party aggrieved by such misconduct. Lastly, the Act fails to provide punishment in case the complaint of misconduct is found to be vexatious or frivolous, or where the advocate has been uncooperative in the disciplinary proceedings. To remedy this lacunae in the law governing the legal profession, this Bill inserts a comprehensive definition for ‘misconduct’, expands the scope of penalties and costs provided under sections 35 and 43. By doing so, this Bill lends much-needed clarity and efficacy to the professional norms that are aimed at deterring misconduct of advocates. This Bill seeks to achieve the above objectives. DR. SASMIT PATRA32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— X BILL NO. XIV OF 2021 A Bill to provide for reservation of posts for women in establishments and for matters connected therewith and incidental thereto. BE it enacted by the Parliament in the Seventy-second Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Women's (Reservation in Workplace) Act, 2021. extent, commence- (2) It extends to the whole of India. ment and (3) It shall come into force on such date as the Central Government may, by notification application. in the Official Gazette, appoint. (4) It applies to all establishments owned, established, controlled, managed or financed by the Central Government and includes— (i) a Ministry or Department or subordinate office or attached office of the Central Government; (ii) a public sector undertaking or statutory authority constituted under any central Act;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 33 (iii) a corporation in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government; (iv) a university established by a Central Act and its affiliated colleges, including medical and engineering colleges and institutions; (v) a primary or secondary school or any other educational institutions; (vi) an industry, trade or business; (vii) a Government company as defined under sub-section (45) of section 2 of 18 of 2013. the Companies Act, 2013; (viii) an autonomous body, organisation or institution receiving grant or aid from the Consolidated Fund of India; and (5) It may also apply to the private establishments to such extent and in such manner as they may voluntarily decide to apply to their establishments. 2. In this Act, unless the context otherwise requires,— Definitions. (a) “appointing authority”, in relation to a service or post in an establishment, means the authority empowered to make appointment to such service or post; (b) “Chairperson” means the Chairperson of the Council on Women’s Welfare at Workplace, appointed under sub-clause (a) of clause (2) of section 14 of the Act; (c) “Council” means the Council on Women’s Welfare at Workplace, set up under section 14 of the Act; (d) “Group ‘A’ post” means a post which is classified as such by the President in exercise of the powers conferred by the proviso to article 309 of the Constitution or by or under any Act of Parliament and includes an equivalent post in any establishment; (e) “prescribed” means prescribed by rules made under this Act; (f) “promotion by non-selection” means promotion made on the basis of seniority- cum-fitness; (g) “promotion by selection” means promotion made on the basis of merit-cum- seniority; (h) “recruitment year” means the calendar year for which the recruitment is made; (i) “scientific or technical post” means posts for which qualifications in natural sciences or exact sciences or applied sciences or technology are essential and the incumbent of such post shall have to use his or her knowledge in such sciences for discharge of duties. 3. (1) The Central Government shall reserve not less than thirty percentage of posts for Reservation women for appointments in establishments by direct recruitment and promotion, in such for women in appointments manner, as may be prescribed. by direct recruitment (2) the vacancy reserved for women under sub-section (1) shall be filled in such and manner, as may be prescribed. promotion. 4. (1) Notwithstanding anything contained in section 3, there shall be no reservation No reservation in where appointments are made— certain cases. (i) for a period of less than forty-five days; (ii) where work is required for any emergency relief work;34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (iii) to posts higher than the lowest grade of Group ‘A’ posts and to those classified as scientific or technical post; and (iv) to posts in which employment of women is prohibited or restricted by or under any law for the time being in force. (2) The Central Government may, by notification in the Official Gazette, exempt any institution of national importance and Indian Institutes of Management from the application of this Act. (3) Every notification issued under sub-section (2) shall be laid before each House of Parliament. Inclusion of 5. In the case of promotion by selection from one Group ‘A’ post to another Group ‘A’ women post which carries the scale of pay, the maximum of which is equal to or less than the officers in maximum of the scale of pay of a Director in the Central Secretariat Service or equivalent select list in posts in other establishments, women officers, who are fit to hold the post and are relatively case of promotion senior so as to be within the number of vacancies for which the select list is to be drawn, shall within Group be included in such select list and considered for appointment. ‘A’. Unreserved 6. (1) The appointment to the unreserved vacancy shall be open to all eligible persons, vacancies to including women. be open to women. (2) Where such unreserved vacancy is filled by direct recruitment or promotion by a women on the basis of merit, then, such person shall be appointed against the unreserved vacancy. Fee 7. The examination fee or application fee, determined for recruitment to a service or concession. post through competitive examination or otherwise, shall be exempted or be reduced to such extent for women as may be prescribed. Relaxation in 8. (1) Any standard of suitability, excluding the essential and desirable qualifications, qualifications required for appointment by direct recruitment to a post may be relaxed for women, if sufficient and number of such candidates possessing requisite standards are not available to fill the experience. vacancies reserved for them: Provided that no such appointment shall be made where the candidate is found unfit to hold the post. (2) The experience required for appointment by direct recruitment to a post may be relaxed for women, if at any stage of selection, sufficient number of such candidates possessing the requisite experience are not available to fill the vacancies reserved for them. Reservation 9. (1) Where a qualifying examination is held to determine fitness of eligible persons in case of for promotion by non-selection and sufficient number of women fulfilling the qualifying promotion. standards are not available to fill the vacancies reserved for them, such qualifying standards may be relaxed, consistent with the minimum standards of fitness required for appointment to the post, in the case of women. (2) Where qualifying examination is held to determine merit of eligible persons for promotion by selection and sufficient number of women fulfilling the qualifying standards are not available to fill the vacancies reserved for them, such qualifying standards may be relaxed, consistent with the minimum standards of merit required for appointment to the posts, in the case of women. Reserved 10. The vacancies reserved for women shall be filled by women only. Vacanies to be filled by women. Abolition of 11. Where posts in an establishment are to be abolished and as a result thereof, the posts not to services of certain persons are required to be either surrendered or terminated, no such affect the surrender or termination shall be made in respect of women, if it results in lowering their representation of women. representation in relation to the percentage of reservation fixed for them.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 35 12. (1) Every establishment shall designate an officer of such rank, as may be prescribed, Appointment to function as a liaison officer for the purpose of ensuring that the provisions of this Act or and duties of Liaison the rules made thereunder or any direction of instruction issued by the Central Government officer. regarding reservation are not contravened. (2) The liaison officer shall, from time to time, inspect and verify the documents, records and reports with respect to appointments of women made by the appointing authority by direct recruitment or promotion. (3) Where the liaison officer is satisfied that any establishment has contravened the provisions of this Act or the rules made thereunder or any direction or instruction issued, he shall submit a report of such contravention to the head of the establishment. (4) On receipt of the report of contravention under sub-section (3), the head of establishment shall take disciplinary action under section 16 against the person responsible for such contravention. 13. (1) Every appointing authority, or an officer authorised by him in this behalf, shall Maintenance maintain such documents and records, and furnish every year a report on the appointments of documents and records of women made by direct recruitment and promotion, in such manner and at such time, as and furnishing may be prescribed. of reports by appointing (2) The appointing authority or any other officer authorised by him shall make available authority. such documents and records for inspection, furnish such information, and render such assistance, to the liaison officer, as may be necessary, to enable him to carry out his functions under this Act. 14. (1) The Central Government shall constitute a Council to be called the Council on Council on Women's Welfare at Workplace. Women's Welfare at (2) The Council on Women's Welfare at Workplace shall consist of the following Workplace. members, namely— (a) the Union Minister for Women and Child Development Chairperson, Ex-officio, (b) Secretary, Ministry of Women and Child Development Member, Ex-officio, (c) the Chairperson of the National Commission for Women Member, Ex-officio, (d) two prominent lawyers in the field of women's rights Member (e) two social workers working in the field of women's rights Member (3) The members of the Council, referred to in sub-clauses (c), (d) and (e) of clause (2) shall as soon as may be, choose one amongst themselves to be Vice-Chairperson of the Council for such period as they may decide. (4) The Council shall make recommendations to the Central Government on— (a) developing and organizing training programmes to advance the competence of women for appointment to services and posts; (b) creating state bodies to carry out provisions of this Act at state level; (c) providing necessary social services to enable parents to combine family obligations with work responsibilities, in particular through the promotion of establishments and development of a network of child-care facilities; (d) formulating policies regarding flexible work schedules and other such policies that would attract and retain women in workplaces. (e) any other matter relating to women's welfare at workplace, as the Council may decide.36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (5) More than one half of the total number of members of the Council shall constitute the quorum at its meetings. (6) The Council shall determine its own procedure in the performance of its functions. (7) Every decision of the Council shall be taken at a meeting, by a majority of the members present and voting. (8) No act or proceedings of the Council shall be invalid merely by reason of— (a) any vacancy in, or any defect in, the constitution of the Council; or (b) any defect in the appointment of a person as a member of the Council; or (c) any procedural irregularity of the Council not affecting the merits of the case. (9) The Council may decide about the modalities to resolve disputes arising out of its recommendations. (10) The term of office of the Members of the Council shall be such as may be prescribed. (11) The Council shall, subject to such regulations as made in this behalf, appoint officers and other employees, as it may deem necessary. (12) The Members, officers, and staff appointed by the Council subject to other conditions of service, shall be entitled to such remunerations as may be prescribed. Central 15. The Central Government shall take steps to incentivise private establishments to Government provide equal employment opportunities to women. to incentive the private establishment. Disciplinary 16. Where any person responsible for implementing the provisions of this Act or the action for rules made thereunder, intentionally contravenes any of the provisions thereof, he shall be contravention liable for disciplinary action under the service rules applicable to such person. of provisions of Act. Power to 17. The Central Government may, for giving effect to the provisions of this Act or the issue rules thereunder, issue such directions to establishments, as it deems fit. directions. Power to 18. (1) The Central Government may, by notification in the Official Gazette, make rules make rules. to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely— (a) the manner of reservation under sub-section (1) of section 3; (b) the manner of filling vacancies under sub-section (2) of section 3; (c) the exemption, or the extent of reduction in examination fee and application fee under section 7; (d) the rank of the officer to be designated as the liaison officer under sub-section (1) of section 12; (e) the document of records to be maintained and the time and manner of furnishing report under sub-section (1) of section 13. (3) Every rule made by the Central Government under this section shall be laid, as soon as may be, after it is made, before each House of the Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule orSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 37 both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.38 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The promise of equal opportunity for women has remained as a mere promise in our country since independence. Though our Constitution has guaranteed these promises in terms of the fundamental right of equality, women are deprived of employment opportunities even if they are qualified and deserving. It is high time that the women community is unshackled from their discriminatory status in the society. Article 15 of the Constitution of India further prohibits discrimination on the basis of sex, even as it allows for State to make special provisions for women. This is in line with the provisions on international conventions like the Universal Declaration of Human Rights (1948), the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (1979) [CEDAW]. Article 4(2) of CEDAW allows for special measures to be taken in the case of accelerating equality of men and women. This principle has been reiterated in Article 5 of Discrimination (Employment and Occupation) Convention, 1958 (No. 111). India has been a signatory of the United Nations and the International Labour Organisation Conventions recognising the equality of the sexes. Further, it has adopted legislations that uphold Equal Remuneration, Maternity Benefits, etc. However, women in many parts of the country are kept away from active participation in the workplace. This Bill aims to ensure that women find a respectful position in the society by bringing an end to the discrimination meted out of them. The State shall endeavour to take a progressive step towards providing women 30% reservation in all workplaces across the country. Hence, this Bill. TIRUCHI SIVASEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 39 FINANCIAL MEMORANDUM Clause 14 of the Bill seeks to constitute a Council for Women's Welfare at Workplace. The Council shall function under the Chairmanship of the Union Minister for Women and Child Development and will have the Secretary of Ministry of Women and Child Development as a member, along with the Chairperson of the National Commission for Women, and two prominent lawyers and two social workers in the field of Women's Rights. 2. The creation of the Council will involve expenditure on account of office expenses, salaries and allowances of the officers and staff. 3. At this stage, it will be difficult to quantify the exact amount of expenditure of both recurring and non-recurring nature on account of the Constitution of the Council. Hence, the Bill, if enacted will involve expenditure from the Consolidated Fund of India.40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION 1. Sub-clause (1) of clause 3 of the Bill empowers the Central Government to prescribe the manner of reservation by direct recruitment and promotion for women in establishments. Sub-clause (2) thereof empowers the Central Government to prescribe the manner of filling such vacancy. 2. Sub-clause (2) of clause 4 of the Bill empowers the Central Government to amend the Schedule, by notification in the Official Gazette, to include or, omit from, such Schedule any institution of national importance and Indian Institutes of Management. 3. Clause 7 of the Bill empowers the Central Government to prescribe the extent of fee concession for women. 4. Sub-clause (1) of clause 12 of the Bill empowers the Central Government to prescribe the rank of the officer who may be designated as the liaison officer. 5. Sub-clause (1) of clause 13 empowers the Central Government to prescribe the manner of maintaining documents and records, and the manner and time of furnishing report on appointments of women made by direct recruitment and promotion, by the appointing authority. 6. Clause 17 provides for Central Government to make rules for the purpose of carrying out the provisions of this Act. 7. The matters in respect of which rules may be made or notification may be issued are essentially matters of detail or procedure only. The delegation of legislative power is, therefore, of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 41 XI BILL NO. XXII OF 2021 A Bill to protect the human rights of persons affected by leprosy, to eliminate discrimination against them and their families, to promote their social welfare, to take steps for the prevention and control of leprosy and for matters connected therewith or incidental thereto. WHEREAS the spread of leprosy and discrimination against persons affected by leprosy and their family members is a matter of grave concern to all, and there is an urgent need for the protection of the human rights of such persons, by repealing and amending existing laws the discriminate against them; AND WHEREAS there is a necessity for effective care, support, treatment and social inclusion and integration of persons affected by leprosy and their families; 49 of 2016. AND WHEREAS the Rights of Persons with Disabilities Act, 2016 does not cover persons affected by leprosy that are still to be diagnosed or those undergoing treatment and also does not recognise the discrimination and stigma faced by the family members of persons affected and cured of leprosy;42 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— AND WHEREAS the General Assembly of the United Nations, of which India is a member, recalling and reaffirming its previous commitments on leprosy, has unanimously adopted a Resolution on the Elimination of Discrimination against Persons affected by Leprosy and their Family Members in 2010, accompanied by Principals and Guidelines listing out measures to improve the living conditions and social inclusion of such persons; AND WHEREAS the United Nations Convention on the Rights of Persons with Disabilities 2006 (“UNCRPD”) to which India is a party, promotes, protects and ensures the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities; AND WHEREAS the Republic of India, having signed the Resolution of the General Assembly of the United Nations on leprosy and having signed and ratified the UNCRPD, 2006 has to make provision to give effect to the said Resolution and Convention; BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY Short title, 1. (1) This Act may be called the Rights of Persons Affected by Leprosy and Members extent and of their Family (Protection against Discrimination and Guarantee of Social Welfare) commencement. Act, 2021. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may. by notification in the Official Gazette, appoint. Definitions. 2. In this Act, unless the context otherwise requires,— (a) ‘abuse’ means any unwelcome verbal or non-verbal act or behavious towards a person affected by leprosy or a member of the family of a person affected by leprosy which causes:— (i) bodily pain or harm to a person affected by leprosy or a member of the family of a person affected by leprosy; (ii) humiliation or embarrassment to a person affected by leprosy or a member of the family of a person affected by leprosy; or (iii) deprivation of exonomic and financial resources, foods and fluids or any other form of support, to which a person affected by leprosy or a member of the family of a person affected by leprosy is entitled: Provided that the word 'leper' shall be included with in the meaning of 'abuse' when any person affected by leprosy is referred to by such word; (b) ‘appropriate Government’ means; (i) in relation to an establishment of the Central Government, or any establishment, wholly or substantially owned or financed by that Government or a Cantonment Board constituted under the Cantonments Act, or a Union 41 of 2006. Territory without legislature, or the provider of a service which pertains to List I in the Seventh Schedule to the Constitution, the Central Government; (ii) in all other cases, the State Government or, as the case may be, the Government of a Union Territory with legislature. (c) 'barrier' means any factor including attitudinal, cultural, economic, institutional, political, religious, social or structural factors which hampers the full and effective participation, of a person affected by leprosy or a member of the family of a person affected by leprosy in society;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 43 (d) 'disability due to leprosy' means grade 1 or grade 2 disability in the hand, leg or eye that hinders full and effective participation of a person affected by leprosy in society equally with others, whether or not his or her extent of disability has been specified in measurable terms; Explanation— (i) Grade 1 disability means sensory impairment, scars with sensory impairment or muscle weakness without contractures. (ii) Grade 2 disability means visible impairment, Lagophthalmos, Iridocyclitis, visual acuity of <6/60, burns, deep cracks, wounds (both simple and deep ulcers), muscle atrophy, bone absorption of shortening or contractures. (e) 'discrimination' means any act or mission which directly or indirectly, expressly or by effect, immediately or over a period of time— (i) imposes any burden, obligation, liability, disability or disadvantage on any person or category of persons, who are either effected by leprosy or associated with persons affected by leprosy; or (ii) denies, restricts or withholds any benefit, opportunity or advangae from any person or category of persons, who are either affected by leprosy or associated with persons affected by leprosy, including denial of employment, movement in public spaces and reasonable accommodation; and the expression "discriminate" is to be construced accordingly. (f) 'establishment' means and includes a company, club, firm or any other body corporate or association of persons jointly carrying out a systematic activity for consideration or otherwise including but not limited to: 21 of 1860. (i) a society registered under the Societies Registration Act, 1860, or a 2 of 1912. co-operative society under the Co-operative Societies Act, 1912; 2 of 1882. (ii) a trust under the Indian Trusts Act, 1882 or corresponding state law under which trusts may be established; (iii) any organisation or institution or authority established by or under a Central Act or State Act or otherwise; 14 of 1947. (iv) any industry under section 2(j) of the Industrial Disputes Act, 1947; or (v) any shop or establishment governed by a State Act concerning such shops and establishments; (g) 'exploitation' means any form of conduct which is intended for a commercial purpose, whether for money or kind, and which results in the misuse or unjust treatment of a person affected by leprosy or the member of the family of a person affected by leprosy; (h) 'healthcare provider' means and includes,— (i) any individual whose vocation or profession is directly or indirectly related to the maintenance of the health of another individual and includes any physician, nurse, paramedic, therapist, psychologist, counsellor or other individual providing medical, nursing, psychological or other healthcare, services, including treatment through Multi-Drug Therapy; or (ii) any public or private clinical establishment as defined under clause (c) of section 2 of the Clinical Establishments (Registration and Regulation) 23 of 2010. Act, 2010; (i) 'informed consent' means consent given by a person affected by leprosy or a representative of such person specific to a proposed intervention without any coercion,44 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— undue influence, fraud, mistake or misrepresentation and after informing such person or his or her representative, as the case may be, such information as prescribed in the rules, relating to risks and benefits of, and alternatives to, the proposed intervention in such language and in such manner as understood by that the person affected by leprosy or his or her representative, as the case may be; (i) 'local authority' means a municipality, a Cantonment Board, a Panchayat or any other authority, established under an Act of Parliament, or a State Legislature to administer the civic affairs of any habitation as defined in or under such Act; (j) 'leprosy' means a disease triggered by Mycobacterium Leprae characterised by symptoms of pale and reddish skin, numbness of hands or feet or loss of feeling in a patch of skins, and which may lead to disability as defined under clause (d) of this section; (k) 'leprosy cured person' means, notwithstanding anything in the Rights of Persons with Disabilities Act, 2016 or any other law pertaining to persons with disability, 49 of 2016. any person affected by leprosy, regardless of the percentage of his disability, who has been certified by a registered medical practitioner, as having been administered with the first dose under Multi-Drug Therapy, (MDT) which renders his illness non- infectious, or has completed treatment for leprosy; (l) 'multi-durg therapy' (MDT) means the medical treatment wherein a combination of drugs is administered to a person affected by leprosy to render the infection non- contagious and kill Mycobacterium Leprae; (m) 'members of the family of pesons affected by leprosy' means and includes— (i) spouse; (ii) parents; (iii) children; and (iv) brothers or sisters of the person affected by leprosy. (n) 'person affected by leprosy' means and includes a person who suffers from, or has previously suffered from or has been cured of leprosy, whether or not such person has undergone treatment under MDT; (o) 'prescribed' means prescribed by rules made by the appropriate Government under this Act; (p) 'public building' means a building, irrespective of ownership, which is used and accessed by the public at large; and includes its entrance, exit, parking space, footpath and other appurtenant lands; (q) 'reasonable accommodation' means necessary and appropriate modification and adjustments, not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to a person affected by leprosy the enjoyment or exercise of this or her fundamental rights and freedoms on an equal basis with others; (r) 'services' means any provision, facitlity, utility or any other assistance provided in any form to a person or persons affected by leprosy, or a member or members of the family of a person affected by leprosy and includes services relating to banking and finance; education; health; insurance; rehabilitation; recreation and hospitality; transport or travel; and telecommunications, and such other services which may be notified by the Central Government; (s) 'violence' means any act of commission or omission which causes physical, emotional, psycholgical harm or injury to a person affected by leprosy or a member of the family of a person affected by leprosy.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 45 3. The appropriate Government and local authorities shall secure for persons affected Guiding by leprosy and members of the family of persons affected by leprosy:— Principles. (a) respect for inherent diginity, individual authonomy including the freedom to make one's own chocies, and independence of persons; (b) non-discrimination; (c) full and effective participation and inclusion in society; and (d) equality of opportunity. CHAPTER II RIGHTS AND ENTITLEMENTS 4. (1) No person, establishment or appropriate Government shall discriminate against Right to any person affected by leprosy solely on the ground of his or her affliction, disability, or Equality and Non- physical attributes, or against any member of the family of the person affected by leprosy Discrimination. solely on the ground of his or here association with a person affected by leprosy. (2) The appropriate Government shall take all necessary steps to ensure that persons affected by leprosy and members of the family of persons affected by leprosy enjoy the right to equality before the law and equal protection of laws. 5. (1) No establishment, of appropriate Government or person, shall subject a person Prohibition affected by leprosy, where such person duly furnishes a certificate of a registered medical of Discrimination. practitioner that attests that such person has been administered with the first dose under MDT or has been cured of leprosy, or a member of the family of a person affected by leprosy to the following, namely:— (a) the denial of, termination from, or the unfair treatment in, or in relation to, employment or occupation; (b) the denial of, or the unfair treatment in, or in relation to, departmental promotions in employment or occupation; (c) the denial or discontinuation of, or, unfair treatment, in healthcare services; (d) the denial or discontinuation of, or unfair treatment in, educational establishments and services thereof; (e) the denial or discontinuation of or unfair treatment with regard to access to, or the provision of, or the enjoyment of, or the use of any good, accommodation, service, facility, benefit, privilege, or opportunity dedicated to the use of the general public or customarily available to the public, whether or not for a fee, including shops, public restaurants, hotels and places of public entertrainment or the use of wells, tanks, bathing ghats, roads, burial grounds or funeral ceremonies and places of pubic resort; (f) the denial, or, discontinuation of, or unfair treatment with regard to, the right of movement; (g) the denial or discontinuation of, or, unfair treatment with regard to, the right to reside, purchase, rent, sale, transfer or otherwise occupy, any property; (h) the denial or discontinuation of, or, unfair treatment in, the opportunity to stand for, or, hold public or private office; (i) the denial of access to, removal from, or unfair treatment in, Government or private establishment in whose care or custody the person may be; (j) the denial of, or unfair treatment in, the provision of insurance; (k) the unfair treatment in, or in relation to, adoption, inheritance, and marital relations; and (l) the isolation or segregation in any form.46 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Right to life 6. (1) The appropriate Government shall take necessary steps to ensure that persons and personal affected by leprosy and members of the family of persons affected by leprosy enjoy the right liberty. to life with dignity, and respect for their personal liberty on an equal basis with others. (2) No person shall be deprived of his personal liberty only on the ground of being affected by leprosy or being associated with a person affected by leprosy in any manner. Right to own 7. (1) No person affected by leprosy, or a member of the family of a person affected by property. leprosy, shall be denied the right to own property or to reside, purchase, sale, rent, use, transfer or otherwise occupy any property, merely for reason of such person being affected by leprosy, or being a member of the family of a person affected by leprosy. (2) No person affected by leprosy or a member of the family of a person affected by leprosy shall be removed, or evicted from an existing settlement occupied by other persons affected by leprosy and members of the family of such persons without prior sanction from the Ombudsperson, appointed under section 28 of this Act, and without being rehabilitated and adequately compensated. (3) The appropriate Government and local authorities shall take appropriate measures, as far as possible, to ensure full enjoyment of the rights as mentioned in sub-section (1) by:— (a) securing the tenure, title and ownership of property to each person affected by leprosy and member of the family of a person affected by leprosy, who are living in existing settlements that are occupied only by persons affected by leprosy and members of the family of persons affected by leprosy; and (b) ensuring that such existing settlements are accessible, as per the accessibility standards formulated by the Central Government under section 40 of the Rights of Persons with Disabilities Act, 2016, with sanitary and other community support services, 49 of 2016. including such the assistance necessary to support living, and inclusion within the community, as may be prescribed. Right to form 8. No person affected by leprosy, or any member of the family of a person affected by a family. leprosy shall be denied the right to marry, or form a family, including the right to adoption, or assisted procreation, including donor insemination. Right to 9. The appropriate Government and local authorities shall take appropriate measures participation. to ensure the participation of persons affected by leprosy, members of the family of persons affected by leprosy or the representatives of such persons in the decisions that directly affect such persons under this Act. Access to 10. (1) No healthcare provider shall deny a person affected by leprosy access to any medical form of treatment for leprosy. treatment. (2) Every healthcare provider shall ensure that every person affected by leprosy has access to all healthcare facilities, goods and services that are available with the healthcare provider and which are necessary for recovering from leprosy and its consequent wounds, deformities and disabilities. Access to 11. No person or establishment shall deny a person affected by leprosy or member of welfare the family of a person affected by leprosy, access to welfare schemes, provided under measures by Chapter V of this Act. the Central and State Government. Protection 12. No person or establishment shall subject a person affected by leprosy or a member from torture, of the family of persons affected by leprosy to torture, or cruel, inhuman or degrading or cruel, treatment, or punishment. inhuman or degrading treatment or punishment.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 47 13. (1) No person or establishment shall subject a person affected by leprosy or a Protection member of the family of persons affected by leprosy, to any form of abuse, violence or from abuse, violence and exploitation, both within and outside of home. exploitation. (2) The appropriate Government and local authorities shall take all appropriate administrative, social, educational and other measures to protect persons affected by leprosy and members of the family of persons affected by leprosy, from all forms of abuse, violence and exploitation, both within and outside of home. (3) Any person, or registered organization who or which has reasons to believe that an act of abuse, violence or exploitation has been, or is being, or is likely to be committed against any person affected by leprosy or members of family of a person affected by leprosy, may give information about it to the Executive Magistrate in whose jurisdiction such incident occurs or is likely to occur, who, on receipt of such information, shall take immediate steps to stop it or prevent its occurrence as the case may be, or pass such order as he deems fit for the protection of such person including an order— (a) to rescue such persons by authorizing the police or any reliable organisation working for the benefit of persons affected by leprosy to provide for the safe custody and rehabilitation of such persons; (b) to provide protective custody to such persons if he or she so desires; or (c) to provide compensation to such person, in such manner, as may be prescribed. (4) No civil or criminal liability shall be incurred by any person, including a person affected by leprosy or a member of the family of a person affected by leprosy, who in good faith furnishes information under sub-section (3); (5) Any police officer, who receives a complaint or otherwise comes to know of abuse, violence or exploitation towards a person affected by leprosy or a member of the family of a person affected by leprosy, shall take all steps necessary to ensure that the aggrieved person is: (a) informed of and is able to exercise his or her right to report the abuse, violence or exploitation and apply for protection under sub-section (3); (b) informed of the particulars of the Executive Magistrate having jurisdiction to provide assistance to such person; (c) informed of and is directed to the nearest organization or institution working for the rehabilitation of persons affected by leprosy, who have been subjected to abuse, violence or exploitation. (d) informed of and is able to exercise his or her right to access free legal services 39 of 1987. under the Legal Services Authorities Act, 1987 and any other service or services offered by the National Legal Services Authority or the State Legal Services Authority for the benefit of such person; and (e) informed of and is able to exercise his or her right to file a complaint under the 45 of 1860. relevant provisions of the Indian Penal Code, 1860, or any other law dealing with such crimes: Provided that nothing in this section shall be construed to free such police officer of his or her obligation to proceed in accordance with this Act, or any other law for the time being in force, upon the receipt of information as to the commission of a cognizable offence. (6) If the Executive Magistrate determines that the alleged act or behaviour is an 45 of 1860. offence under the Indian Penal Code, 1860, or under any other law which imposes criminal sanctions on such acts, the Executive Magistrate shall forward a complaint to that effect to the Judicial or Metropolitan Magistrate, as the case may be, having jurisdiction in the matter,48 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— whereupon the latter shall act on it in accordance with the law, and within six months from the date on which the information relating to the complaint is received by the former. (7) The appropriate Government shall take all measures necessary to prevent all forms of abuse, violence and exploitation against persons affected by leprosy and members of the family of persons affected by leprosy by, inter alia providing information and raising awareness on: (a) illegality of incidents of abuse, violence and exploitation against persons affected by leprosy and members of the family of persons affected by leprosy; (b) the legal remedies available to persons affected by leprosy and members of the family of persons affected by leprosy against such incidents; (c) the legal consequences of such indicents; (d) the steps to be taken for avoiding such incidents; (e) the procedure for reporting such incidents; and (f) the steps required for the rescue, protection and rehabilitation of persons who have been victims of such incidents. CHAPTER III EDUCATION Duty of 14. (1) The appropriate Government and local authorities shall ensure that all educational educational institutions that are wholly or partially funded, or recognized by the appropriate Government institutions or local authorities, provide inclusive educaiton, and inter alia— to provide inclusive (i) admit students affected by leprosy or those whose family member is affected education. by leprosy, without discrimination, and provide them education appropriate to their age, or mental or physical development, as also opportunities for sports, recreation and leisure activities on an equal basis with others: (ii) provide reasonable accommodation that is tailored to the requirements of each student affected by leprosy; (iii) provide necessary support in environments that maximize the academic and social development of each student affected by leprosy, and assist him or her in reaching his or her maximum potential; and (iv) monitor participation, progress in terms of attainment levels, and completion of education, in respect of a student who is either affected by leprosy or is a member of the family of a person affected by leprosy. (2) Where a child affected by leprosy above six years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age and shall be entitled to receive special training available under section 4 of the Right of Child to Free and Compulsory Education Act, 2009. 35 of 2009. Reservations 15. (1) All Government institutions of primary, secondary and higher education, and all in primary, primary, secondary and higher education institutions receiving aid from the Government secondary and shall reserve seats in each class or course for persons affected by leprosy as provided for higher educational under the Right of Persons with Disabilities Act, 2016: 49 of 2016. institutions. Provided that such persons shall not to be prevented from competing for seats which are not reserved for them. (2) For the purposes of sub-section (1), reservations for leprosy-cured persons with benchmark disabilities as envisaged under sub-section (1) of section 32 of the Rights of Persons with Disabilities Act, 2016, shall also include persons affected by leprosy, who have 49 of 2016. been administered with the first doese under MDT.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 49 CHAPTER IV SKILL DEVELOPMENT AND EMPLOYMENT 16. (1) The appropriate Government shall, within a period of one year from the com- Vocational mencement of this Act, formulate schemes and programmes to facilitate and support the training and self employment of persons affected by leprosy and members of the family of persons affected by employment. leprosy, including measures to facilitate vocational training and self-employment of such persons. (2) The appropriate Government shall institute mechanisms for providing loans at concessional rates to persons affected by leprosy or members of the family of persons affected by leprosy for self employment ventures, and for the marketing of their products, 49 of 2016. as the case may be as provided for under the Right of Persons with Disabilities Act, 2016. 17. (1) The appropriate Government shall reserve, in every establishment owned or Reservations controlled by the appropriate Government, posts that are meant to be filled by direct of Posts. rectuitment, for persons affected by leprosy: Provided that such persons shall not to be prevented from competing for posts which are not reserved for them. (2) For the purposes of sub-section (1), reservations for leprosy-cured persons with benchmark disabilities as envisaged under clause (c) of sub-section (1) of Section 34 of the 49 of 2016. Rights of Persons with Disabilities Act, 2016, shall also include persons affected leprosy, who have been administered with the first dose under MDT. 18. The appropriate Government shall provide incentives to employers in the private Incentives to sector in order to enable them to progressively include persons affected by leprosy as part employers in the private of their workforce within a period of five years from the commencement of this Act. sector. 19. The appropriate Government shall ensure that a person affected by leprosy is Reasonable provided reasonable accommodation in the place of his or her employment, which is tailored accommodation to the requirements of such person: in employment. Provided that the concerned person affected by leprosy shall be consulted in the provision for reasonable accommodation. 20. (1) The appropriate Government may, by notification, specify that the employer in Special every establishment shall furnish such information or return, as may be prescribed in relation Employment Exchange. to vacancies appointed for persons affected by leprosy, that have occurred, or are about to occur in that establishment to the special employment exchange notified and established by 49 of 2016. the Central Government under section 36 of the Rights of Persons with Disabilities Act, 2016. (2) The form, manner, and time period of providing such information or return shall be as prescribed by the Central Government under clause (e) of sub-section (2) of section 100 of 49 of 2016. the Rights of Persons with Disabilities Act, 2016. CHAPTER V SOCIAL INCLUSION, HEALTHCARE AND REHABILITATION 21. (1) The appropriate Government shall promulgate necessary schemes and Social programmes to,— Security. (a) safeguard and promote the rights of persons affected by leprosy, and members of the family of persons affected by leprosy; and (b) ensure that persons affected by leprosy and members of the family of persons affected by leprosy have access to adequate standard of living and living conditions. (2) The schemes under sub-section (1) shall, inter-alia provide,— (a) financial assistance for income generating activities and market based vocational training for such persons affected by leprosy who have no families, or have been abandoned, or are without shelter or livelihood;50 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) access to safe drinking water and appropriate and accessible sanitation facilitis especially in urban slums and rural areas, including settlements where only persons affected by leprosy and members of the family of persons affected by leprosy reside; (c) pension to persons affected by leprosy or members of the family of persons affected by leprosy subject to such income ceiling as may be notified. (d) unemployment allowance to unemployed persons affected by leprosy, who are registered with special employment exchange, which is notified and established by the Central Government under Section 36 of the Rights of persons with Disabilities Act, 2016 and have been unemployed for more than two years; (e) community-based rehabilitation to persons affected by leprosy and members of the family of persons affected by leprosy as may be prescribed; Healthcare 22. (1) The appropriate Government and local authorities shall take all necessary facilities. measures to ensure that each person affected by leprosy has barrier-free access to healthcare facilities and schemes available under section 25 of the Rights of Persons with Disabilities Act, 2016. 49 of 2016. (2) The appropriate Government and local authorities shall take all measures necessary to ensure that healthcare providers do not subject persons affected by leprosy to; (a) inhumane treatment or abuse during the course of medical treatment; or (b) unethical or involuntary medical procedures or research, including in relation to vaccines, treatments or microbicides for terminal or such other diseases; (3) The apropriate Government shall take all steps necessary to provide aids and appliances, medicine, diagnostic services and corrective surgery free of cost to each person affected by leprosy with such income ceiling as may be notified. (4) The appropriate Government shall make schemes and programmes for the coverage of medical expenses and therapeutic interventions by a comprehensive insurance scheme for persons affected by leprosy with such income ceiling as may be notified. Rehabilitation. 23. (1) The appropriate Government and local authorities shall undertake or cause to be undertaken services and programmes of rehabilitation, particularly in the areas of health, education and employment for all persons affected by leprosy and members of the family of persons affected by leprosy, based on the assessment of issues faced by such persons: Provided that the appropriate Government shall give due consideration to the diversity of disabilities that affect persons affected by leprosy, and to the gender, age, and socio- economic status of such persons and the members of the family of such persons. (2) The services and programmes under sub-section (1) shall be initiated at the earliest, and no later than one year from the date of commencement of this Act. (3) For purposes of sub-section (1) and sub-section (2), the appropriate Government and local authorities shall, subject to fulfillment of financial and other norms, and availability of budgetary allocation, grant financial assistance to non-governmental organizations, working for the benefit of persons affected by leprosy, to provide rehabilitation services to such persons and the members of the family of such persons. (4) Prior to the formulation of rehabilitation schemes under sub-section (1), the appropriate Government and local authorities shall consult the representatives of persons affrected by leprosy, or associations of persons affected by leprosy, or non-governmental organizations working for the benefit of persons affected by leprosy.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 51 24. (1) The appropriate Government shall conduct and promote suitable training and Promotion of awareness programs for healthcare providers, public servants, and members of the general training and awareness population to emphasize the importance of early treatment of leprosy through MDT and programs on dispel misconceptions surrounding leprosy. leprosy. (2) For the promotion of training and awareness under sub-section (1), the appropriate Government shall formulate and disseminate leprosy-related information in English and in regional languages and shall ensure that such information is easy to understand, age- appropriate, gender-sensitive, non-stigmatising, non-discriminatory and is revised from time to time. CHAPTER VI MULTI-DRUG THERAPY FOR PEOPLE LIVING WITH LEPROSY 25. The Central Government and every State Government, as the case may be, shall Central take all measures as it deems necessary and expedient for the prevention of the spread of Government and State leprosy, in accordance with the guidelines and protocols on leprosy under the National Government Leprosy Eradication Program and the National Health Mission. to take measures. 26. The measures to be taken by appropriate Government and local authorities under Multi-Drug sub-section (1) of Section 22 of this Act shall include provision for free-of-cost MDT to Therapy by Central and persons affcted by leprosy. State CHAPTER VII Government. DISCLOSURE OF MEDICAL RECORDS 27. (1) Notwithstanding anything contained in any other law for the time being in Disclosure of force— medical records. (i) no person affected by leprosy shall be compelled to disclose his medical records except by an order of a competent Court that declares the disclosure of such information to be necessary in the interest of justice and for the determination of issues in the matter before the Court; (ii) no person or establishment shall disclose or be compelled to disclose the medical records or any other private information of a person affected by leprosy, who has imparted such information to the person or establishment, in confidence, or in a relationship of a fiduciary nature, except with the informed consent of such person affected by leprosy or of the representative of such person obtained earlier in writing; (2) The informed consent for disclosure of medical records under sub-section (1) is not required where the disclosure is made— (a) by a healthcare provider to another healthcare provider who is involved in the care, treatment or counseling of a person affected by leprosy, when such disclosure is necessary to provide care or treatment to such person; (b) by an order of a competent Court that declares such disclosure as necessary in the interest of justice and for the determination of issues in the matter before the Court; (c) in suits or legal proceedings between persons, whether or not any of such persons, who is a party to the suit, is affected by leprosy, and where the disclosure of such information is necessary in filing suits or legal proceedings or for instructing their counsel; (d) in relation to statistical or other information of a person affected by leprosy that could not reasonably be expected to lead to the identification of such person; and (e) to the officers of the Central Government or the State Government, as the case may be, for the purposes of monitoring, evaluation or supervision of the incidence of leprosy within the population:52 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Provided that, in case of disclosure under clauses (d) and (e) the name and identity of the person affected by leprosy shall not be disclosed. CHATER VIII APPOINTMENT OF OMBUDSPERSONS Appointment 28. (1) Every State Government and U.T. Administration shall appoint one or more of Ombudspersons— Ombudspersons. (a) possessing such qualifications and experience as may be prescribed, or (b) designate any of its officers not below such rank, as may be prescribed, by the State Government, to exercise such powers and discharge such functions, as may be conferred on the Ombudsperson under this Act. (2) The terms and condition of the service of an Ombudspersons appointed under sub- section (1) shall be such as may be prescribed by the Government or the U.T. Administration. (3) The Ombudsperson appointed under sub-section (1) shall have such jurisdiction in respect of such area or areas as the State Government or the U.T. Administration may, by notification, specify. Powers of 29. (1) The Ombudsperson shall, upon a complaint made by any person, inquire into Ombudspersons. the violations of any of the provisions of this Act. (2) The Ombudsperson may require any person to furnish information on such points or matters, as he or she consider necessary, for inquiring into the matter, and any person so require shall be deemed to be legally bound to furnish such information. (3) Any person who fails to furnish such information as required under sub-section (2) shall be punishable under sections 176 and 177 of the Indian Penal code, 1860. 45 of 1860. (4) The Ombudsperson shall maintain record of the inquiries conducted by him or her in such manner as may be prescribed by the State Government or the U.T. Administration. Procedure of 30. A complaint may be made to an Ombudsperson under sub-section (1) of Section 29 complaint. in such manner as may be prescribed by the State Government or the U.T. Administration. Orders of 31. (1) The Ombudsperson shall, within a period of thirty days from the receipt of the Ombudspersons. complaint under sub-section (1) of Section 29, and after giving an opportunity of being heard to the parties, pass such order, as he or she deems fit, giving reasons therefor and in such manner as may be prescribed by the State Government or the U.T. Administration. (2) Prior to passing an order under sub-section (1), the Ombudsperson shall consult such persons or organizations, including experts on leprosy, as he or she may deem appropriate. Authorities to 32. All authorities, including the civil authorities functioning in the area for which an assist Ombudsperson has been appointed under Section 28, shall assist the Ombudsperson of that Ombudspersons. area in the execution or orders passed by such Ombudsperson under Section 31. Report by 33. Each Ombudsperson shall, after every six months, report to the State Government or Ombudsperson. the U.T. Administration as the case may be the number and nature of complaints received, the action taken and orders passed in relation to such complaints and such report shall be published on the website of Ombudsperson and a copy thereof be forwarded to the Central Government. CHAPTER XI OFFENCES AND PENALTIES Penalty for 34. Notwithstanding any action that may be taken under any other law for the time contravention. being in force, whoever contravenes the provisions of Section 5 shall be punished with imprisonment for a term which shall not be less than three months but which may extend to two years and with fine which may extend to one lakh rupees, or with both.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 53 35. Whoever, by words, either spoken or written, voluntarily or knowingly, publishes, Penalty for propagates, advocates or communicates by signs or by visible representation or otherwise certain actions of the feelings of hatred against any person affected by leprosy or member of the family of individuals. person affected by leprosy in general, or specifically, or disseminates, broadcasts or displays any information, advertisement or notice, which may reasonably be construed to demonstrate an intention or propagate hatred, or which is likely to expose persons affected by leprosy or members of the family of persons affected by leprosy to hatred, discrimination of physical violence, shall be punished with imprisonment for a term which shall not be less than three months but which may extend to two years and with fine which may extend to one lakh rupees, or with both. 36. Whoever fails to comply with the order or an Ombudsperson passed under Penalty for Section 31, within such time as may be specified in such order, shall be liable to pay a fine which failure to comply with may extend to ten thousand rupees, and in case the failure continues, with an additional fine orders of which may extend to five thousand rupees for every day during which shall failure continues. Ombudspersons. 37. Notwithstanding any action that may be taken under any law for the time being in Penalty for force, whoever discloses information regarding the medical record of a person affected by breach of confidentiality. leprosy to any person or entity, without the informed constent of such person or this or her reresentatives, shall be punishable with fine which may extend to one lakh rupees, unless such disclosure is made pursuant to any of the grounds mentioned under sub-section (2) of Section 27. 38. Whoever fails to produce any book, account or other document or to furnish any Penalty for statement, information or particulars which, under this Act, or any order, regulation, or failure to direction made, or given thereunder, which he or she is duty bound to produce or furnish, or furnish information. to answer any question put in pursuance of the provisions of this Act, or of any order, regulation, or direction made, or given thereunder, shall be punishable with fine which may extend to twenty-five thousand rupees in respect of each offence, and in case of continued failure or refusal, with further fine which may extend to one thousand rupees for each day of continued failure, or refusal after the date on which the original order imposing punishment of fine was passed. 39. (1) Where any offence under this Act has been committed by an establishment, Offences by every person who, at the time the offence was committed, was the appointed head or was Establishments. directly in charge of, and was responsible for the day to day functioning of the establishment, including its conduct of business, shall be deemed to be guilty of an offence, and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in Section 34, shall render any such person liable to any punishment provided in this Act, if it is proved that the offence was committed without the knowledge of such person, or that all due diligence was exercised by such person in order to prevent the commission of the offence. (2) Notwithstanding anything contained in Section 34, where an offence under this Act has been committed by an establishment, and it is proved that the offence has been committed with the consent, or connivance of, or is attributable to any neglect on the part of any other officer of the establishment, such person shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly. 40. No person shall subject any other person, or persons to any detriment on the Prohibition ground that such person, or persons have taken any of the following actions, namely: — of victimisation. (a) made a complaint under this Act; (b) brought proceedings under this Act against any person or establishment; (c) furnished any information, or produced any document to any authority exercising or performing any power or function under this Act; or (d) appeared as a witness in a proceeding under this Act.54 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Court to try 41. No court other than the court of a judicial Magistrate of the First Class shall take offences. cognizance of an offence under this Act. Offences to 42. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, 2 of 1974. be cognizable offences under this Act shall be cognizable and bailable. and bailable. CHAPTER X REPEAL OF CERTAIN ENACTMENTS Substitution 43. Notwithstanding any other law for the time being in force, in all laws that are in of certain force, and in all official records of the Government of India, State Governments, and terms. establishments defined under sub-section (f) of section 2, the term ‘leper’ and such other terms in national, regional and local languages, shall be substituted by the term ‘persons affected by leprosy’, or any other term that bears the same meaning in the national, regional or local language. Amendments 44. The statutes and provisions enumerated in column I of the Schedule shall stand to certain amended in accordance with the respective entries in column II of the Schedule. enactments. Act to have 45. The provisions of this Act shall have effect notwithstanding anything inconsistent overriding therewith contained in any other law for the time being in force, or any instrument having effect. effect by virtue of any such law. CHAPTER XI MISCELLANEOUS Central 46. The Central Government shall, after due appropriation made by Parliament in Government this behalf, provide adequate funds, from time to time, for carrying out the purposes of this to provide Act. funds. Act to be in 47. The provisions of this Act or the rules made thereunder shall be in addition to and addition to not in derogation of any other law, rules, orders or instructions which provide any entitlement and not in or benefit to persons affected by leprosy. derogation of any other law. Action taken 48. No suit, prosecution or other legal proceeding shall lie against any person for any in good faith. action or omission which is done in good faith or intended to be done in pursuance of the provisions of this Act and the rules made thereunder. Power to 49. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government may, by order published in the Official Gazette, make such provisions, not difficulties. inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the said difficulty: Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under this Section shall be laid, as soon as may be after it is made, before each House of Parliament. Power to 50. (1) Subject to the other provisions of this Act, the appropriate Government may, by appropriate notification in the official Gazette make rules for carrying out the provisions of this Act. Government to make rules. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) form, manner and the value of compensation that may be awarded to a person affected by leprosy or a member of the family of persons affected by leprosy under clause (c) of sub-section (3) of section 13;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 55 (b) form, manner and content of information required to be reported to the special employment exchange under sub-section (1) of section 20; (c) form and manner of community-based rehabilitation for persons affected by leprosy and members of the family of such persons under clause (e) of sub-section (2) of section 21; (d) form, manner and content of information required to be disclosed to obtain informed consent under clause (ii) of sub-section (1) of section 27; (e) the composition, the requisite qualifications of the Ombudsperson and manner of appointment of Ombudspersons under sub-section (1) of section 28; (f) the terms and condition of service of Ombudspersons under sub-sections (2) and (3) of Section 28; (g) form and manner in which Ombudspersons are required to maintain records under sub section (3) of section 29; (h) the form, manner and procedure for making a complaint to Ombudspersons under section 30; and (i) the form, manner and content of orders that Ombudspersons can pass under section 31. (3) Prior to the formulation of rules, the appropriate Government shall make available the draft of the rules in accessible formats to the members of the public and invite their suggestions and objections to the same. (4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session, immediately following the session, or the successive sessions aforesaid, both Houses agree, in making any modification in the rule, or that the rule should not be made, the rule shall thereafter have effect only in such modified form, or be of no effect, as the case may be: Provided that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (5) Every rule made by the State Government under this Section shall be laid, as soon as may be after it is made, before each House of the State Legislature, where it consists of two Houses, or where such legislature consists of one House, before that House.56 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SCHEDULE (See Section 45) AMENDMENT TO CERTAIN ENACTMENTS Legislation Amendment 1. The Banaras Hindu In sub-clause (a) of clause (1) of Section 12B, the words 16 of 1915. University Act, 1915 “or suffers from contagious leprosy” shall be removed, and the sub-clause will read as, namely: (a) if he is of unsound mind or is a deaf-mute; In sub-clause (a) of clause (1) of Section 32, the words “or suffers from contagious leprosy” shall be removed, and the sub-clause will read as, namely: (a) if he is of unsound mind or is a deaf-mute; 29 of 1951. 2. The Visva Bharati Act, 1951 In sub-clause (a) of clause (3) of Section 38B, the words “or suffers from contagious leprosy” shall be removed, and the sub-clause will read as, namely: (a) is of unsound mind or is a deaf-mute; or 3. The Jawahar Lal Nehru In sub-clause (a) of clause (1) of Section 23, the words 53 of 1966. University Act, 1966 “or suffers from contagious leprosy” shall be removed, and the sub-clause will read as, namely: (a) if he is of unsound mind or is a deaf-mute In sub-clause (a) of clause (1) of Section 31, the words “or suffers from contagious leprosy” shall be removed, and the sub-clause will be read as, namely: (a) if he is of unsound mind or is deaf-mute; 4. Legal Services Authorities After sub-clause (d) of Section 12, the following 39 of 1987. Act, 1987 sub-clause shall be inserted namely: (dd) a person who suffers from, or has previously suffered or has been cured of Leprosy; or 59 of 1988. 5. The Motor Vehicles Act, 1988 After the first proviso to sub-section (4) under Section 8 of the Act, the following proviso shall be inserted, namely: Provided further that the licensing authority shall not refuse to issue a learners licence to a peson affected by Leprosy, who has been certified by a registered medical practitioner, as having either been cured of Leprosy, or as having been administered with the first dose under Multi-Drug Therapy, with continuing treatment for Leprosy being provided. Kerala Act 6. The Nurses and Midwives In clause (c) of Section 6, the words “a leper” shall be No. X of Act, 1953 removed, and the sub-clause will read as, namely: 1953. (c) if he is of unsound mind and stands so declared by a competent Court, or a deaf-mute; Karnataka 7. The Hindu Religious In sub-clause (ii) of clause (5) of section 25, the words Act No. 33 of Institutions and Charitable “or is suffering from leprosy” shall be removed, and the 2001. Endowments Act, 1997. sub-clause will read as, namely: (ii) if he is of unsound mind and stands so declared by a competent courts or if he is a deaf or mute or any virulent or contagious disease.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 57 STATEMENT OF OBJECTS AND REASONS The spread of leprosy and discrimination faced by persons affected by leprosy is a matter of grave concern. In 2015, India had the largest number of new leprosy cases, comprising 60% of all the cases reported globally. Approximately 1.25 to 1.35 lakh new cases are being reported every year in India for over a decade. The problem which is even more serious is that of discrimination and stigma faced by persons affected by leprosy and their families. They continue to face segregation, restrictions and exclusions within and outside family structures, in communities and public spaces, including public transportation systems. It is highly unfortunate that the discrimination being faced by these persons primarily stems from their affliction of a particular disease and its consequent effects on their body. The General Assembly of the United Nations recognised the marginalised status of persons affected by leprosy and their family members and unanimously adopted a Resolution on the Elimination of Discrimination against Persons Affected by Leprosy and their Family Members in 2010. The Principles and Guidelines, which are appended to the Resolution of the General Assembly, direct Member States to accord to persons affected by leprosy and their family members certain protections and provisions that are necessary to bring them at par with others. Additionally, the United Nations Convention on the Rights of Persons with Disabilities, 2007 (“UNCRPD”) also promotes the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, while laying emphasis on the respect for their inherent dignity. Since India is a member of General Assembly of the United Nations as well as a signatory to both of these documents, it is under an obligation to address the concerns and eliminate discrimination against persons affected by leprosy and their family members. Although the recently passed Rights of Persons with Disabilities Act, 2016 (“RPD Act”), intends to give effect to India’s obligations under the UNCRPD, it falls short of covering all persons affected by leprosy. In fact, only those persons who are cured of leprosy and who have 40% or above disability are covered within the ambit of the RPD Act. Hence, in terms of discrimination as well as State action, there is a pressing need to undertake a range of actions for the benefit of persons affected by leprosy and their family members. For one, it is imperative that, affirmative action and anti-discrimination measures be applicable to a range of persons, who may either be affected by leprosy, may be undiagnosed, may be under-going treatment, or may have been cured, as well as family members of such persons to holistically address the impact of stigma, fear, exclusion and invisibility faced by such persons. Another change that is necessary is the repeal and amendment of discriminatory provisions in various civil and criminal laws of India that legitimise discrimination and segregation of persons affected by leprosy on the grounds that leprosy is an incurable and highly infectious disease. As noted by the World Health Organisation, leprosy is now fully curable through Multi-Drug Therapy, which renders the infected individual non-contagious with its very first dose of treatment, and which is made available free of cost under the National Leprosy Eradication Programme of India. Consequently, the object and purpose sought to be served through these discriminatory provisions no longer hold ground and constitute a violation of the right of persons affected by leprosy to equality before law and equal protection of laws under the Indian Constitution. Since persons affected by leprosy continue to remain a highly marginalised, vulnerable and invisible section on the fringes of society, there is also a need for implementing positive steps to provide them with effective care, support and treatment, and Promote their social inclusion. The Law Commission of India took note of the disparate situation of persons affected by leprosy and their families and came out with a study on the condition of persons affected by leprosy in India in its Report No. 256, titled “Eliminating Discrimination Against Persons Affected by Leprosy”. This comprehensive report, which deals with discriminatory laws as well as positive measures for persons affected by leprosy and their family members, was submitted to the Ministry of Law & Justice on 9th April 2015, along with a model draft law to eliminate discrimination faced by persons affected by leprosy. However, little or no action58 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— seems to have been taken to either enact the model law, or modify or repeal any law that directly or indirectly discriminates against persons affected by leprosy. While the Lepers Act, 1898, which sanctioned arrest and segregation of persons affected by leprosy into leper asylums, was repealed by Parliament in 2016, the provisions under some other enactments and legislations which discriminate against persons affected by leprosy continue to exist on the statute books, despite the fact that leprosy is completely curable, as mentioned by the Law Commission in its Report. The long-standing discrimination faced by persons affected by leprosy and their families has continued to exclude such persons from participating in society and have resulted in the violation of their fundamental rights that are guaranteed to them under the Constitution of India. Moreover, term ‘leper’, which continues to be used in the provisions of several Central and State enactments, is nothing less than a profanity for persons affected by leprosy. Hence, enacting a law that promotes anti-discrimination measures and the social inclusion of persons affected by leprosy and their family members is imperative and urgent. Without the protection of human rights, there can be no democracy or justification for democracy. Undoing years of discrimination that the persons affected by leprosy and their family members have faced, requires immediate interventions by the State. Hence, this Bill. K.T.S. TULSISEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 59 FINANCIAL MEMORANDUM Clause 16 of the Bill provides for vocational training and self employment to persons affected by leprosy. Clause 18 provides for incentives by the appropriate Government to employers in the private sector in order to enable them to include persons affected by leprosy. Clause 21 provides for social security including financial assistance for income generating activities and market based vocational training for such persons affected by leprosy. Clause 22 empowers the appropriate Government and local authorities to take all necessary measures to ensure that each person affected by leprosy has barrier-free access to healthcare facilities. Clause 23 also seeks to provide services and programmes of rehabilitation, particularly in the areas of health, education and employment for all persons affected by leprosy and members of the family of persons affected by leprosy. Clause 24 provides for conducting training and awareness programmes for health care providers, public servants and general public. Clause 26 provides for provision of free of cost MDT to persons affected with leprosy. Clause 28 provides for appointment of ombudspersons for every State and UT. Clause 47 says that the Central Government after due appropriation by Parliament will provide adequate funds, from time to time, for carrying out the purposes of the Bill. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. The recurring and non-recurring expenditure on this count cannot be estimated at this stage, but has to be worked out by Central Government while implementing the provisions of the Act.60 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 51 of the Bill empowers the appropriate Government to make rules for carrying out the purposes of this Bill. The rules will relate to matters of details only. The delegation of legislative power is of normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 61 XII BILL NO. XXIX OF 2021 A Bill further to amend the Indian Penal Code, 1860; the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872. WHEREAS the Constitution of India guarantees to all persons the right to life and personal liberty, the equal protection of laws and prohibits discrimination on the ground of sex and provides a special provision for the advancement of socially backward classes of citizens; AND WHEREAS it is deemed necessary and expedient to enact legislation for the protection of these rights guaranteed by the Constitution; AND WHEREAS the Law Commission of India vide its 172nd Report dated 13th March, 2000 after considering all aspects had recommended that sexual offences should be made gender neutral;62 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— AND WHEREAS a Bill to amend the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 to provide for gender neutrality for numerous penal sections was introduced in the House of the People in 2012 and was referred to the Parliamentary Standing Committee on Home Affairs for examination followed by the Introduction of the Criminal Law (Amendment) Bill, 2012 in the House of People on the 4th December, 2012 preceded by promulgation of the Criminal Law (Amendment) Ordinance, 2013; AND WHEREAS after the said Ordinance having been lapsed, there have been a spate of incidents resulting in injuries, psychological trauma and death of persons at the hands of offenders belonging to either gender or sex on account of various sexual offences & exploitation committed against them; AND WHEREAS the Hon’ble Supreme Court in the case of National Legal Services Authority v. Union of India, (2014) 5 SCC 438 had afforded recognition to Transgender Persons as the ‘Third Gender’; AND WHEREAS the Hon’ble Supreme Court in the case of Criminal Justice Society of India v. Union of India & Ors., W.P.(C) No. 1262/2018 vide its Order dated 12th November, 2018 found merit in the plea of the Petitioner praying for gender neutral rape laws and desired that the Parliament may consider the same; AND WHEREAS the General Assembly of the United Nations adopted the Universal Declaration of Human Rights, 1948 to give effect to its commitment to protect the human rights of equality & protection from discrimination of all individuals; AND WHEREAS the Republic of India, being a signatory to and having ratified the aforesaid Declaration, it is expedient to give effect to the said Declaration. BE it enacted by Parialment in the Seventy-second year of the Republic of India as follows:— CHAPTER I PRELIMINARY Short title and 1. (1) This Bill may be called the Criminal Laws (Amendment) Bill, 2021. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. CHAPTER II AMENDMENTS TO THE INDIAN PENAL CODE Amendment 2. In section 8 of the Indian Penal Code (hereafter in this Chapter referred to as of section 8. the Penal Code), for the words ‘‘male or female’’, the words ‘male, female or 45 of 1860. transgender’’ be substituted. Insertion of 3. After section 8 of the Penal Code, the following section shall be inserted, new section namely:— 8A. Modesty. ‘‘8A. Modesty is an attribute which attaches to the personality with regard to commonly held belief of morality, decency and integrity of speech and behaviour, in any man, woman or a transgender.’’ Substitution of 4. For the section 10 of the Penal Code, the following section shall be substituted section 10. namely:— ‘‘Man’’. ‘‘10. The word ‘‘man’’ denotes a male human being of any age; the word ‘‘Woman’’. ‘‘woman’’ denotes a female human being of any age; and the word ‘‘others’’ ‘‘Transgender’’. denotes a human being including but not limited to transgender of any age.’’SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 63 5. For section 354 of the Penal Code, the following section shall be substituted, Substitution of namely:— new section for section 354. ‘‘354. Whoever assaults or uses criminal force to any person, intending to outrage or Assault or use knowing it to be likely that it will thereby outrage the modesty of that person shall be of criminal force to any punished with imprisonment of either description for a term which shall not be less than person with one year but which may extend to five years, and shall also be liable to fine.’’ intent to outrage modesty. 6. In section 354A of the Penal Code:— Amendment of section (i) for the words ‘‘a man’’ and ‘‘any man who’’, the word ‘‘whoever’’ shall be 354A. substituted; and (ii) for the word ‘‘a woman’’, the words ‘‘any person’’ shall be substituted, wherever they occur. 7. For section 354B of the Penal Code, the following section shall be substituted, Substitution of namely:— new section for section 354B. "354B. Whoever assaults or uses criminal force to any person or abets such act Assault or use with the intention of disrobing or compelling that person to be naked, shall be punished of criminal force to any with imprisonment of either description for a term which shall not be less than three person with years but which may extend to seven years, shall also be liable to fine." intent to disrobe. 8. In section 354C of the Penal Code,:— Amendment of section (i) for the words "any man", the word "whoever" shall be substituted; and 354C. (ii) for the word "a woman", the words "any person" shall be substituted, wherever they occur. 9. For section 354D of the Penal Code, the following section shall be substituted, Substitution of namely:— new section for section 354D. "354. (1) Whoever— Stalking. (i) Follows any person and contacts, or attempts to contact such person to foster personal interaction repeatedly despite a clear indication of disinterest by such person; or (ii) Monitors the use by any person of the internet, email or any other form of electronic communication, commits the offence of stalking: Provided that such conduct shall not amount to stalking if whoever pursued it proves that (i) it was pursued for purpose of preventing or detecting crime and whoever accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or (ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or (iii) in the particular circumstances such conduct was reasonable and justified. (2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine."64 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Substitution of 10. For section 375 of the Penal Code, the following section shall be substituted, new section namely:— for section 375. Rape. "375. Any person is said to commit rape if that person. (a) penetrates their genital, to any extent, into the genital, mouth, urethra or anus of any other person or makes that person to do so with them or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the genital, the urethra or anus of any other person or makes that person to do so with them or any other person; or (c) manipulates any part of the body of any other person so as to cause penetration into the genital, urethra, anus or any part of body of such person or makes that person to do so with them or any other person; or (d) applies their mouth to the genital, anus, urethra of any other person or makes that person to do so with them or any other person, under the circumstances falling under any of the following seven descriptions: First.—Against the other person's will. Secondly.—Without the other person's consent. Thirdly.—With the other person's consent, when that person's consent has been obtained by putting them or any person in whom they are interested, in fear of death or of hurt. Fourthly.—With the other person's consent, when the man knows that he is not that person's husband and that the person's consent is given because they believe that he is another man to whom they are or believe themselves to be lawfully married. Fifthly.—With the other person's consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the or the administration by the person personally or through another of any stupefying or unwholesome substance, the other person is unable to understand the nature and consequences of that to which they give consent. Sixthly.—With or without the other person's consent, when they are under eighteen years of age. Seventhly.—When other person is unable to communicate consent. Explanation 1.—For the purposes of this section, the word genital denotes penis and vagina and; vagina shall also include labia majora. Explanation 2.—Consent means an unequivocal voluntary agreement when any other person by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act. Explanation 3.—For the purposes of this section, the definition of gender as under section 8 of the Penal Code shall be applicable wherein the pronoun 'he' and its derivatives are used for any person, whether man, woman or transgender: Provided that a person who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exception 1.—A medical procedure intervention shall not constitute rape. Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape."SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 65 11. After section 375 of the Penal Code, the following section shall be inserted, Insertion of namely:— new section 375A. "375A. The following acts shall constitute the offence of sexual assault, if any Sexual assault person:— and punishment of (a) intentionally touches the genital, anus or breast of the person or makes the sexual assault. person touch the vagina, penis, anus or breast of that person or any other person, without the other person's consent except where such touching is carried out for proper hygienic or medical purposes; or (b) uses words, acts or gestures towards another person which creates an unwelcome actionable threat of sexual nature or result in any unwelcome advance; and shall be punished with rigorous imprisonment that may extend to three years, or with fine, or both. Explanation 1.—For the purposes of this section, the word genital denotes penis and vagina and vagina shall also include labia majora. Explanation 2.—Consent means an unequivocal voluntary agreement when any other person by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act. Explanation 3.—For the purposes of this section, the word touches means touching of sexual nature without the consent of the victim and in absence of a reasonable belief that the victim has consented for the same." 12. For section 376 of the Penal Code, the following section shall be substituted, Substitution of namely:— new section for section 376. "376. (1) Whoever, except in the cases provided for in sub-section (2), commits Punishment rape, shall be punished with rigorous imprisonment of either description for a term for rape. which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. (2) Whoever, (a) being a police officer, commits rape. (i) within the limits of the police station to which such police officer is appointed; or (ii) in the premises of any station house; or (iii) on any person in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or (b) being a public servant, commits rape on any person in such public servant's custody or in the custody of a public servant subordinate to such public servant; or (c) being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or (d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution, commits rape on any inmate of such jail, remand home, place or institution; or (e) being on the management or on the staff of a hospital, commits rape on any person in that hospital; or66 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards any person, commits rape on such person; or (g) commits rape during communal or sectarian violence; or (h) commits rape on a woman knowing her to be pregnant; or (j) commits rape, on any person incapable of giving consent; or (k) being in a position of control or dominance over any person, commits rape on such person; or (1) commits rape on any person suffering from mental or physical disability; or (m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of any person; or (n) commits rape repeatedly on the same person, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine. Explanation.—For the purposes of this sub-section, (a) armed forces means the naval, military and air force and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government; (b) hospital means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation; (c) police officer shall have the same meaning as assigned to the expression police under the Police Act, 1861; 5 of 1861 (d) women's or children's institution means an institution, whether called an orphanage or a home for neglected women or children or a widow's home or an institution called by any other name, which is established and maintained for the reception and care of women or children. (3) Whoever, commits rape on any person under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim." Amendment 13. In section 376A of the Penal Code, for the word "woman", the word person shall be of section substituted, wherever they occur. 376A. Substitution of 14. For section 376C of the Penal Code, the following section shall be substituted, section 376C. namely:— Sexual "376C. Whoever, being— intercourse by a person in (a) in a position of authority or in a fiduciary relationship; or authority. (b) a public servant; or (c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women's or children's institution; orSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 67 (d) on the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any person either in the person's custody or under the person's or present in the premises, to have sexual intercourse with that person, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine. Explanation 1.—In this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of section 375. Explanation 2.—For the purposes of this section, Explanation 1 to section 375 shall also be applicable. Explanation 3.—"Superintendent", in relation to a jail, remand home or other place of custody or a women's or children's institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which such person can exercise any authority or control over its inmates. Explanation 4.—The expressions "hospital" and "women's or children's institution" shall respectively have the same meaning as in Explanation to sub-section (2) of section 376." 15. In section 376D of the Penal Code, for the words "a woman", the words "any Amendment person" shall be substituted. of section 376D. CHAPTER III AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1973 2 of 1974. 16. In the Code of Criminal Procedure, 1973 (hereafter in this Chapter referred to as the Amendment Criminal Code), in section 154, in the provisos to sub-section (1), after the word, figure and of section 154. letter "section 354D", the word, figure and letter "section 375A" shall be inserted, wherever they occur. 17. In section 161 of the Criminal Code, in the second proviso to sub-section (3), after Amendment the word, figure and letter "section 354D", the word, figure and letter "section 375A" shall be of section 161. inserted. 18. In section 164 of the Criminal Code, in clause (a) of sub-section (5A), after the Amendment word, figure and letter "section 354D", the word, figure and letter "section 375A" shall be of section inserted. 164. 19. In the First Schedule to the Criminal Code, under the heading "I.- OFFENCES Amendment UNDER THE INDIAN PENAL CODE",— (a) after the entries relating to section 374, the of First Schedule. following entry shall be inserted, namely:— 1 2 3 4 5 6 375A Sexual Rigorous Cognizable Bailable Court of assault. imprisonment Session. which may extend to 3 years or with fine, or both CHAPTER IV AMENDMENTS OF THE INDIAN EVIDENCE ACT, 1872 1 of 1872. 20. In section 53A of the Indian Evidence Act, 1872 (hereafter in this Chapter referred Amendment to as the Evidence Act), after the word, figure and letter "section 354D", the word, figure and of section 53A. letter "section 375A" shall be inserted.68 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 21. In section 114A of the Evidence Act, after the words "in a prosecution for", the of section words "sexual assault under section 375A and" shall be inserted. 114A. Amendment 22. In section 146 of the Evidence Act, in the proviso, after the words "Provided that of section in a prosecution for an offence under", the word, figure and letter "section 375A", shall be 146. inserted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 69 STATEMENT OF OBJECTS AND REASONS The idea of India, as envisaged by our founding fathers, is of one land embracing many, a nation that may endure differences of caste, creed, colour, conviction, culture, cuisine, costume and custom and yet continue to maintain its composite and pluralistic democracy. It's the underlying seamless web that unites India as a Sovereign, Socialist, Secular, Democratic Republic. The Constitution of India guarantees to all persons the right to life and personal liberty, the equal protection of laws and prohibits discrimination on the ground of sex and provides a special provision for the advancement of socially backward classes of citizens. It is imperative to note that transgender persons including homosexuals and bisexuals and men are excluded from the point of view of victims of sexual exploitation, assault or harassment and, from protection of rape, etcetera, under the penal laws of the country despite an impending need for the same. The intention of the Bill is not to undermine the experiences of women subjected to rape and discrimination. But, as society matures, we must develop empathy for all and this includes male and transgender rape victims also. We need to break our silence on the issue of male and transgender rape and questioning social constructs that glorify machismo, reduce men and transgender to stereotypes and force them to mask their feelings. This Bill is an endeavor to bring laws relating to sexual exploitation, harassment and assault to be in- step with changing social morality. Pursuant to the resolutions of the United Nations and the Universal Declaration of Human Rights, 1948, there has been a steady stream of countries that have amended the laws to make sexual offences gender neutral in line with the Universal Declaration of Human Rights, 1948. More than 63 countries have already given effect to gender neutrality in relation to sexual offences by amending their Penal laws to bring them in conformity with their commitment to the United Nations and the mankind. It cannot be forgotten that discrimination is the antithesis of equality and recognition of equality in its truest sense will foster the dignity of every individual. The lack of acknowledgment of male rape has impacted the ability of victims to recognize their own victimization. Therefore, this Bill. K.T.S. TULSI70 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— XIII BILL NO. XXXIV OF 2021 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Constitution (Amendment) Act, 2021. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Amendment 2. In Tenth Schedule to the Constitution— of Tenth (a) In clause (1) of paragraph 6 after the words "...the question shall be referred Schedule. for the decision of the Chairman or, as the case may be, the Speaker of such House, the following words shall be inserted, namely:— "within a period of 30 days from the date on which the said question arises but not later than a period of 3 months"; (b) In Paragraph 6, the following new paragraph shall be inserted, namely:— "(6A) If the question as to whether, a Member of a House has become subject to disqualification under this Schedule, is not decided by the Chairman or, as the case may be, the Speaker of such House, within the period stipulated in Paragraph 6 of the Schedule, the disqualification proceedings against said Member of the House shall be deemed to have been lapsed."SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 71 STATEMENT OF OBJECTS AND REASONS The amendment of Tenth Schedule is necessitated primarily on account of numerous cases where either the Speaker or Chairman, as the case may be, of either of a House of Parliament or the Legislative Assembly or the Legislative Council of a State, have left the question of disqualification of Member(s) undecided for an unreasonably long period after filing of disqualification petition against such member(s) of the House. The power to decide the question as to disqualification of a Member of a given House, is a constitutional obligation which the Speaker or the Chairman, as the case may be, has to discharge, in order to give effect to the provisions of the Tenth Schedule of the Constitution of India, which was inserted to check the menace of defection of members elected to the Legislature belonging to respective political parties. The Hon'ble Supreme Court in a recent judgement in Keisham Meghachandra Singh v. Manipur Legislative Assembly 2020 SCC Online SC 55 has ruled that a person who had incurred disqualification for defection does not deserve to be a member of the Legislature even for a single day and disqualification petitions under the Tenth Schedule should be decided within three months. As earlier held by 7-Judges Constitution Bench of the Hon'ble Supreme Court in Kihoto Hollohan v. Zachillhu 1992 Supp (2) SCC 651, the scope of judicial review in case of decision of the Speaker or Chairman of the House of Legislature is limited, in view of the finality clause in Paragraph 6 of the Tenth Schedule. That apart, the power of judicial review is not available at the stage prior to making of decision by the Speaker or Chairman of the given House, nor at an interlocutory stage of the disqualification proceedings. Accordingly, it is necessary to amend the Tenth Schedule to the extent of providing a fixed time limit to decide the question of disqualification of Member(s) of the House of Parliament or Legislative Assembly of a State. The Bill seeks to achieve the aforesaid objectives. Hence, this Bill. K.T.S. TULSI.72 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— XIV BILL NO. XXX OF 2021 A Bill further to amend the Arms Act, 1959. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Arms (Amendment) Act, 2021. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Amendment 2. In the Arms Act, 1959 (hereinafter referred to as the principal Act), in sub-section (1) 54 of 1959. of Section 2. of section 2, after clause (k), the following clause shall be inserted, namely:— "(1) "woman" means unmarried, widowed and financially independent women".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 73 3. In section 13 of the principal Act,— Amendment of Section 13. (i) in clause (a) of sub-section (3), after sub-clause (ii), the following shall be inserted, namely:— "(iii) by a citizen of India, being a woman, as defined under section 2 of this Act, in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection: Provided that such a citizen, being a woman, shall be granted a license under this Act only after obtaining a weapon training or weapon safety course certified by the National Rifle Association of India or the respective State Rifle Association". (ii) After sub-section (3), the following shall be inserted, namely:— ''3(4) The Central Government shall, by notification in the Official Gazette, establish Weapon Handling Centres in every district which shall be under the control of the respective office of the Superintendent of Police or an officer of process of obtaining licenses under this section in rural areas, in such manner as may be specified.'' 4. In section 15 of the principal Act, after sub-section (2), the following sub-section Amendment shall be inserted, namely:— of Section 15. "(2A) A licence under sub-clause (iii) of clause (a) of section 13 shall, unless revoked earlier, continue in force for a period of one year from the date on which it is granted". 5. In section 25 of the principal Act, in sub-section (1B), after clause (d), the following Amendment shall be inserted, namely:— of Section 25. "(e) being the husband or a family member of a woman holding license under section 13 of this Act, acquires, has in his possession or carries any firearm or ammunition belonging to such woman; or" 6. In section 44 of the principal Act, in sub-section (2), after clause (1), the following Amendment clauses shall be inserted, namely:— of Section 44. "(la) the procedure to ease grant of license under section 13 to women for the purposes of self-protection, by,— (i) revising the form and particulars of application for the grant or renewal of a licence and where the application is for the renewal of a licence, the time within which it shall be made; (ii) revising the form in which and the conditions subject to which any licence may be granted or refused, renewed, varied, suspended or revoked; (iii) easing the process of paying the fees in respect of any application for the grant or renewal of a licence and in respect of any licence granted or renewed and the manner for paying the same; (lb) the establishment of Weapon Handling Centres in each district for obtaining licenses in rural areas."74 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The safety and protection of women has always been a concern in India. After the horrendous incident of gang rape that occurred in 2012 in the National Capital of Delhi, several changes were brought through the Criminal Law (Amendment) Act, 2013. This legislation introduced much needed reforms to strengthen the criminal justice system, in order to protect rights of women. The Justice Verma Committee which recommended such reforms, also highlighted in it's Model Bill of Rights that, every woman is entitled to respect for her life and the integrity and security of her person. It stated that the right to dignity is inherent to every human being and that the State shall ensure to every woman protection from all forms of violence, whether the violence takes place in private or public. More recently, the brutal gang rape and murder of a young doctor in Hyderabad, whose job compelled her to travel alone through lonely routes, is a glaring cause that makes amendment to the Arms Act, 1959 in favour of a woman for self defence a necessity. This Bill seeks to protect the rights of women, especially those whose job or other circumstances compel them to commute alone, by bringing in special provisions to the Arms Act, 1959. According to a report by the National Crime Records Bureau, the reported cases Crimes against Women increased by 7.3% in 2019. This Bill strives to empower and protect women by relaxing provisions governing the grant of license, which is required in order for acquisition and possession of firearms. This Bill will ensure prevention of mishaps and maintenance of public order, by incorporating provisions that mandate regular training. It is the need of the hour, to ease women's access to firearms for the purpose of self defense. Hence this Bill. DR. FAUZIA KHANSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 75 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for establishment of Weapon Handling Centres in every district. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure to the tune of rupees two hundred crore would be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees ten crore is also likely to be involved.76 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— XV BILL NO. XXXV OF 2021 A Bill to promote academic integrity in Higher Educational Institutions in the country and to curb plagiarism by establishing the Central Academic Integrity Authority and for matters connected therewith and incidental thereto. BE it enacted by Parliament in the Seventy-second year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Academic Integrity Act, 2021. extent, application (2) It extends to the whole of India. and commencement. (3) It shall apply to students, researchers, faculty and staff of all Higher Educational Institutes in the country; (4) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 77 2. In this Act, unless the context otherwise requires,— Definition. (a) "Academic Misconduct Panel" means the body constituted to investigate allegations of plagiarism as described under section 6 of this Act; (b) "academic integrity" means intellectual honesty in proposing, performing and reporting any activity, which leads to the creation of intellectual property; (c) "aggrieved party" means any person, whose academic work such as a research paper, manuscript, etc. has been dishonestly taken by a student, researcher or faculty member of an Higher Educational Institute; (d) "author" includes a student or a faculty or a researcher or staff of Higher Educational Institution who claims to be the creator of the work under consideration; (e) "Authority" means the Central Academic Integrity Authority constituted under section 3 of this Act; (f) "college" means any institution, whether known as such or by any other name which provides for a course of study for obtaining any qualification from a university and which, in accordance with the rules and regulations of such university, is recognized as competent to provide for such course of study and present students undergoing such course of study for the examination for the award of such qualification; (g) "faculty" refers to a person who is teaching or guiding students enrolled in an Higher Educational Institute in any capacity whatsoever i.e. regular, emeritus, ad-hoc, guest, temporary, visiting, etc; (h) "Higher Educational Institution" means an institution of learning including a university, an institution deemed to be university, a college, an institution of national importance declared as such by an Act of Parliament, or a constituent unit of such institution, which is imparting, whether through conduct of regular classes or distance education systems, higher education after twelve years of schooling leading to the award of a degree or diploma; (i) "plagiarism" means an act of academic dishonesty and a breach of ethics and involves using someone else's work as one's own and also includes data plagiarism and self plagiarism; (j) "prescribed" means prescribed by rules made under this Act; (k) "researcher" means a person conducting academic or scientific research in an Higher Educational Institution. (1) "script" includes research paper, thesis, study, project report, assignment, dissertation and any other such work submitted for assessment or opinion leading to the award of degree or publication in print or electronic media by students or faculty or staff of an Higher Educational Institution, excluding answer scripts submitted in response to a question paper set by a Higher Educational Institution; (m) "student" means a person duly admitted and pursuing a programme of study including a research programme in full time or part-time or distant mode in an Higher Educational Institution; Words and expressions used and not defined in these regulations but defined in the University 3 of 1956. Grants Commission Act, 1956 shall have the meanings respectively assigned to them in that Act.78 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— CHAPTER II AUTHORITIES UNDER THIS ACT Central 3. (1) With effect from such date as the Central Government may, by notification, Academic appoint, there shall be constituted, for the purposes of this Act, an Authority, to be known as Integrity the Central Academic Integrity Authority consisting of the following members, namely:— Authority. (a) Union Minister of State in the Ministry of Education — Chairperson ex-officio; (b) Union Minister of State in the Ministry of Electronics and Information Technology—Vice-Chairperson ex-officio; (c) Chairperson, University Grants Commission—Vice-Chairperson ex-officio; (d) Secretaries of the Union Ministry of Education and Ministry of Electronics and Information Technology—Members ex-officio; (2) The Central Government shall appoint such number of officers and staff as it may consider necessary for the functioning of the Authority. (3) The salary and allowances payable to and other terms and conditions of services of officers and staff of the Authority shall be such, as may be prescribed. Functions of 4. (1) The Authority shall take steps to establish the Central Integrated Academic the Central Database as well as the Central Integrated Plagiarism Software, as referred in section 7 of Academic this Act. Integrity Authority. (2) The Authority shall meet at least twice in a year and shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed by the Central Government. (3) The expenditure incurred to attend meetings by the members referred to in sub-clauses (a) to (d) of section 3, shall be borne by the Ministries concerned. Academic 5. (1) Every Higher Educational Institution shall constitute a Academic Misconduct Misconduct Authority to consider the recommendations of the Academic Misconduct Panel and take Authority. appropriate decisions after giving an opportunity to the accused persons to present their case. (2) The Academic Misconduct Authority shall consist of four members namely:— (i) the Head of the Higher Educational Institution — Chairperson (ii) the Dean of the Higher Educational Institution — Member (iii) the Director (Academic Research) or equivalent of the Higher Educational Institution — Member (iv) one senior academician not below the rank of Professor in the relevant discipline from outside the Higher Educational Institution — Member. (3) The Academic Misconduct Authority shall prescribe the procedure based on principles of natural justice to be followed by the Academic Misconduct Authority while investigating allegations of plagiarism. Academic 6. (1) Every Higher Educational Institutions shall constitute an Academic Misconduct Misconduct Panel to investigate allegations of plagiarism and other forms of academic dishonesty. Panel. (2) The Academic Misconduct Panel shall have the power to assess the level of plagiarism ascertained by Central Integrated Plagiarism software, and recommend penalty accordingly.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 79 (3) The Academic Misconduct Panel shall consist of seven members who shall be senior academicians with a good publication record to be appointed in such manner as may be prescribed. (4) The Academic Misconduct Panel shall be headed by a Chairperson, who shall be an academic functionary of the Higher Educational Institutions. (5) The Academic Panel shall consist of:— (a) at least one female senior academician. (b) at least one senior academician belonging to Schedule Castes or Scheduled Tribes. (c) at least one senior academician appointed by the Head of the Higher Educational Institutions from outside the Higher Educational Institutions. (d) at least one member shall be an expert, well versed with anti-plagiarism tools. (e) one member shall be a reputed academician from the discipline in which the plagiarism is alleged. (6) The Academic Misconduct Panel shall follow the principles of natural justice while deciding about the allegation of plagiarism against the student, researcher, faculty member or any other employee of Higher Educational Institutions. (7) The Academic Misconduct Panel shall send the report after investigation containing its recommendations on penalties to be imposed to the Academic Misconduct Authority preferably within a period of thirty days from the date of complaint or initiation of the proceedings in case of suo motu notice. (8) The Academic Misconduct Panel shall provide a copy of the report to the person(s) against whom the inquiry report is submitted. CHAPTER III DATABASE AND PLAGIARISM SOFTWARE 7. (1) The Authority shall, in consultation with senior academicians, create a national Central database, called the Central Integrated Database consisting of research papers, dissertations Integrated and thesis submitted by students, researchers and faculty members. Academic Database. (2) The Authority shall, in collaboration with the Ministry of Statistics and Programme Implementation, provide access to statistical data and reports on the Central Integrated Academic Database in such manner as may be prescribed. (3) The Central Integrated Academic Database shall be developed in such manner, to be used as a research database by students, researchers and faculty members of Higher Educational Institutions and it shall be an open access database in order to foster academic development. 8. (1) The Authority shall, in consultation with professionals engaged in data analytics Central and senior academicians, create an ante plagiarism software which shall have capabilities to Integrated Plagiarism detect:— Software. (i) similarities by pattern matching method, in order to disclose the amount of plagiarism in a concerned script; and (ii) plagiarism in English and all languages mentioned in the Eighth Schedule of the Constitution. (2) The Authority shall ensure that all persons covered by this Act, shall have access to plagiarism checking tools as part of the Central Integrated Plagiarism Software, in order to promote academic integrity.80 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— CHAPTER IV PENALTIES Penalties in 9. (1) Penalties in cases of plagiarism shall be imposed on students pursuing studies case of at the level of Under Graduate, Post Graduate, Masters, Ph.D. and researchers and faculty plagiarism. members of the Higher Educational Institutions only after the academic misconduct in question has been established without doubt and when all avenues of appeal are exhausted. (2) The Academic Misconduct Authority of the Higher Educational Institution, while referring to the levels of plagiarism defined in the University Grants Commission (Promotion of Academic Integrity and Prevention of Plagiarism in Higher Educational Institutions) Regulations, 2018, shall impose a penalty considering the severity of the Plagiarism, based on recommendations of the Academic Misconduct Panel which may be as follows: (a) In case of students: (i) if similarities are in the range of 10 to 40 per cent, the concerned student shall not be awarded any marks or credits for the plagiarised script and he shall be asked to submit a revised script within a stipulated time period decided by the Academic Misconduct Panel. (ii) if similarities above 40 to 60 per cent, the concerned student shall not be awarded any marks or credits for the plagiarised script and he shall be asked to submit a revised script after a period of one year but not exceeding eighteen months. (iii) if similarities above 60 per cent, the concerned student shall not be awarded any marks or credits for the plagiarised script and his registration for that particular course shall be cancelled. Provided that, in case of repeated plagiarism by the concerned student, he shall be punished for one level higher than the previous level committed by him and in case the level of plagiarism is the highest, the same punishment shall be applied: Provided further that, in case plagiarism is proved on a date later than the date of award of degree/credit, the Academic Misconduct Authority shall decide a period for which the degree or the credit shall be kept in abeyance. (b) In case of researchers and faculty members of Higher Educational Institutions:— (i) if similarities are in the range of 10 to 40 per cent, the concerned person shall be asked to withdraw his script and shall be barred from publishing any work for a minimum period of one year. (ii) if similarities are above 40 to 60 per cent, the concerned person shall be asked to withdraw his manuscript submitted for publication and shall be barred from publishing any work for a minimum period of two years and shall be denied a right to one annual increment and shall not be allowed to be a supervisor to any student or scholar for a period of two years. (iii) if similarities are above 60 per cent, the concerned person shall be asked to withdraw his manuscript submitted for publication and shall not be allowed to publish any work for a minimum period of two years and shall be denied a right to one annual increment and shall not be allowed to be a supervisor to any student/scholar for a period of two years: Provided that, in case of repeated plagiarism by the concerned person, he shall be punished for one level higher than the previous level committed by him and in case the highest level of plagiarism is repeated, the concerned person shall be dismissed:SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 81 Provided further that in case plagiarism is proved on a date later than the date of award of degree or credit, the Academic Misconduct Authority, shall decide a period for which the degree or the credit shall be kept in abeyance. (c) In case of any complaint of plagiarism against the Head of an Higher Educational Institute; the Authority shall take appropriate action after investigating the complaint under the provisions of this Act. 10. (1) Any party aggrieved by acts of academic dishonesty committed by persons Remedies for covered under this Act, may approach the Academic Misconduct Authority with such an aggrieved party. complaints. (2) The Academic Misconduct Authority shall, in accordance with principles of natural justice, investigate such complaints and furnish a report. (3) The report, shall be forwarded to the concerned police station, in the form of a complaint, in case the aggrieved party wishes to seek appropriate remedies under the Indian 45 of 1860. Penal Code, 1860 and the Copyright Act, 1957. 14 of 1957. 11. (1) 1f any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of the period of three years from the date on which this Act receives the assent of the President. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. 12. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of this Act. make rules. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.82 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS In today's globalised world, academic research plays a significant role in any educational institution. It is of vital importance, to have knowledge-driven growth, that is based on innovation and originality of ideas. Research is the pillar that supports the advancement and flow of knowledge. The quality of such research unequivocally affects the quality of teaching and learning. This inevitably benefits students that later contribute to the society and the country. Academic research refers to the creative process that is undertaken in a methodical manner in order to augment one's stock of knowledge. It refers to solving problems, both theoretical and practical, in a scientific and systematic way. However, we see that the Indian Education system faces a plethora of challenges such as, an emphasis on rote learning, absence of intellectual simulation, lack of scientific knowledge and most importantly, lack of training in research methodology. The University Grants Commission (UGC) , is the statutory body charged with the coordination, determination and maintenance of standards of higher education. While the UGC has brought in regulations to deal with academic standards from time to time, it has failed to tackle the issue of low standards with respect to academic integrity. Plagiarism, publishing in fake journals and adding an author's name to a paper they haven't contributed to, are few of the many ways research fraud is committed in India. The UGC (Promotion of Academic Integrity and Prevention of Plagiarism in Higher Educational Institutions) Regulations, 2018 were brought in with the sole aim of addressing plagiarism by teachers and students, researchers and faculty at India's universities and colleges. However, these Regulations have failed to effectively deal with the issue at hand. This Bill seeks to bring a change to the current set of regulations governing research methodology and tackle the menace of plagiarism. It would bring in a set of guidelines and reduce the multiplicity of regulations that exist but do not give clarity on the subject. This Bill, in Chapter V makes reference to the levels of plagiarism prescribed as per the University Grants Commission (Promotion of Academic Integrity And Prevention of Plagiarism In Higher Educational Institutions) Regulations, 2018. To tackle the issues of plagiarism and other forms of academic fraud this Bill would create an Authority under the Ministry of Education, enforced with the duty to create an anti-plagiarism software that would not only cover publications written in English, but also twenty-two languages mentioned in the Eighth Schedule to the Constitution. The current system of Universities using their own set of guidelines and third-party plagiarism checkers - leads to a lack of uniformity in academic research as well as the sidelining of publications in vernacular languages, since these checkers are not equipped to deal with regional languages. Additionally, the Authority would also be tasked with the responsibility of creating a National Database consisting of all academic papers, thesis, manuscripts, etc. This Database shall serve as an open-access resource for every student, researcher and faculty member engaged in academic research. This Bill, therefore, seeks to bring in much needed changes in order to foster notions of academic integrity. DR. FAUZIA KHANSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 83 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for establishment of the Central Academic Integrity Authority and expenditure to be incurred for salary and allowances. Clause 7 mandates the establishment of the Central Integrated Academic Database (CIAD) and Clause 8 provides for the Central Integrated Plagiarism Software (CIPS) . The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure to the tune of rupees one hundred crore would be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees fifty crore is also likely to be involved.84 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 12 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 85 XVI BILL NO. XXXIII OF 2021 A Bill to provide quality healthcare services to all citizens, regardless of their income status, social status, gender, religion with the end goal of improving health outcomes; to promote preventive healthcare over reactive healthcare and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-Second Year of the Republic of India as follows:— CHAPTER-1 PRELIMINARY 1. (1) This Act may be called the Universal Healthcare Act, 2021. Short title, extent (2) It shall extend to the whole of India. and commencement. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.86 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definition. 2. In this Act, unless the context otherwise requires,— (a) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government; (b) "Committee" means the Pricing Strategy Committee appointed under section 9; (c) "health care services" means all types of medical services, including, but not limited to preventive, promotive, palliative, curative and rehabilitative healthcare services; (d) "hospital" means any government clinic, dispensary, medical first-aid centre, hospital, nursing home, medical consultancy centre, indoor treatment centre or a research centre, where patients are treated and includes a place where medical consultation is offered to a patient; (e) "OPD" refers to the part of a hospital designed for the treatment of outpatients, people with health problems who visit the hospital for diagnosis or treatment, but do not at that time require hospitalisation or to be admitted for overnight care; (f) "prescribed" means prescribed by rules made under this Act; (g) "treatment" means any consultation, prescription, or investigation leading to diagnosis of disease, any type of treatment provided by any hospital and includes replacement of human organs and any treatment for physical and mental well-being of the patient; CHAPTER II RIGHTS AND ENTITLEMENTS Inclusion of 3. (1) The appropriate Government shall include the primary healthcare services in the Primary Ayushman Bharat Insurance scheme or other such existing and future Government schemes, Health care. if any. (2) The appropriate Government shall take necessary steps to ensure that the primary healthcare services, under the Ayushman Bharat Insurance scheme or other such existing and future Government schemes, if any, are available to all. (3) No person shall be deprived of Primary Healthcare Services on social or economic grounds. Inclusion of 4. (1) The appropriate Government shall include the OPD services in the existing and Out Patient future Government insurance schemes or programs, if any. Department (OPD) (2) The appropriate Government shall take necessary steps to ensure that the OPD Services. services, under the Ayushman Bharat Insurance scheme or other such existing and future Government schemes, if any, are available to all. (3) No person shall be deprived of OPD Services on social or economic grounds. Right of 5. (1) The appropriate Government to ensure transparency shall mandate the hospitals caregiver to and clinics to document the treatment provided to the patients in such manner as may be know about prescribed. the treatment provided. (2) The patient or the caregiver shall have access to their treatment document at all times during the treatment. Explanation: for the purpose of this section, caregiver shall be mean— (i) in the case of a minor patient, the biological parents; (ii) in the case of a minor patient who is an orphan, the caretaker appointed by a competent authority;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 87 (iii) in the case of an able adult patient, such person as may be authorised by the patient; (iv) in case of an adult who is incapable of authorising anyone, the person responsible for admitting the patient in the hospital. (3) The appropriate Government shall take necessary measures to ensure transparency in the medical treatment of the patient. (4) Patient shall have the right to adequate and relevant information about the nature, cause of illness, provisional or confirmed diagnosis, proposed investigations and management, and possible complications to be explained at the level of his understanding in a language known to him. CHAPTER III TRANSPARENCY-STRENGTHENING GOVERNMENT INFRASTRUCTURE 6. (1) The appropriate Government, to ensure transparency shall create a public database Creation of a and mandate the public hospitals to update all hospital related resources on weekly basis in National Public such manner as may be prescribed. Information Network of Hospitals. 7. (1) The appropriate Government shall enumerate the duties and responsibilities of Duties and the doctors and health care workers, which shall be accessible to the public, as may be Responsibilities prescribed. of Doctors and (2) The appropriate Government shall take necessary measures to ensure that the Healthcare Personnel. doctors and health care workers follow the prescribed duties. (3) The appropriate Government shall conduct mandatory soft skills trainings including ethics training for all the doctors and healthcare personnel. (4) The appropriate Government shall take strict action against any doctor or healthcare personnel not complying with duties and mandatory training. 8. (1) The appropriate Government shall introduce a grievance redressal mechanism Public for the patients and their caregivers. Grievance Mechanism. (2) The appropriate Government shall constitute a Committee at appropriate administrative levels, comprising of members from Civil Society and various inter-related Government Ministries/Departments to resolve the grievances, in such manner as may be prescribed. (3) The Committee shall ensure that a complaint is resolved within thirty days of its receipt. (4) The appropriate Government shall take strict action against any kind of gross negligence by the doctor or healthcare personnel. CHAPTER IV ESTABLISHMENTS 9. (1) The Central Government shall, by notification in the Official Gazette, appoint a Pricing committee be known as Pricing Strategy Committee for carrying out the functions assigned Strategy under this Act and to promote more private participation. Committee. (2) The Committee shall consist of— (i) a Chairperson; (ii) one representative from each of the Union Ministries of Finance, Health and88 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Family Welfare, Minority Affairs, Social Justice and Empowerment, Tribal Affairs, as member; (iii) one representative of the life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956, as member; (iv) one representative of the National Commission for Women, as member; (v) one representative of the National Human Rights Commission, as member; and (vi) one representative each from medical prefession, banking service and one distinguished social worker, as member. (3) The representatives under each category under clause (2) shall be constituted or choice in full manner or may be precribed. (4) The headquater of the Committee shall be at New Delhi. (5) The Central Government shall prescribe the manner of working and submission of reports by the Committee. (6) The salary and allowances payable to and other terms and conditions of service of Chairperson and members of the Committee shall be such as may be prescribed. Functions of 10. (1) The Committee shall engage in consultation on a pricing strategy and shall the propose a scientifically derived, inclusive pricing model for the private hospitals to be included Committee. in the Ayushman Bharat Scheme or similar existing or to be launched schemes and programs. (2) The Committee may appoint Sub-Committes, state-wise to fast-track enrolment of private hospitals under the Ayushman Bharat Scheme or similar existing or to be launched schemes and programs. (3) The Committee shall periodically review its pricing strategy and shall fix an upper limit on the price of the treatments in hospitals in case of exigencies. CHAPTER V DUTIES AND RESPONSIBILITIES OF STATE GOVERNMENTS Raising 11. (1) The appropriate Government, shall conduct, sponsor, encourage, support or awareness. promote on a regular and continuous basis information campaigns and sensitization programmes to ensure that the rights recognized in this legislation are implemented, protected and promoted and also to promote quality services in Government hospitals. Strengthening 12. (1) The appropriate Government shall take necessary steps to improve the healthcare Government infrastructure and address the gaps identified through the public information network. Health Infrastructure. (2) The designated in-charge of the hospital shall be responsible to address the gap identified through the public information network. (3) The appropriate Governments shall include primary healthcare and OPD services in state specific healthcare insurance schemes including but not limited to the schemes developed in alliance with the Ayushman Bharat Scheme. CHAPTER VI OFFENCES AND PENALTIES Offences by 13. (1) Where any offence under this Act has been committed by an etsablishment, establishments. every person who, at the time the offence was committed, was the appointed head or wasSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 89 directly in charge of, and was responsible to the establishment for the conduct of its business, as well as the establishment, shall be deemed to be guilty of the offence. 14. (1) Whoever fails to produce any book, account or other document or to furnish Penalty for any statement, information or particulars, which, under this Act or any order, regulation or Failure to Furnish direction made or given thereunder, which he is duty bound to produce or furnish or to Information. answer any question put in pursuance of the provisions of this Act or of any order, regulaton or direction made or given thereunder, shall be punishable with fine which may extend to rupees twenty five thousand in respect of each offence, and in case of continued failure or refusal, with further fine which may extend to rupees one thousand for each day of continued failure or refusal after the date of original order imposing punishment of fine 15. (1) The Central Government may, by notification in the Official Gazette, make rules Rule making for carrying out the purposes of this Act. clause. (2) Every rule made by the Central Government, under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.90 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Article 21 of the Indian Constitution protects the life and personal liberty of all the citizens. It ensures that no person shall be deprived of his life or personal liberty except according to procedure established by law. However, the current healthcare in India reflects the economic and social gap in accessing quality healthcare and draws attention to further measures that are required to be taken by the central Government to assure health to all citizens. The Government expenditure on helath is only 1.6 per cent of Gross Domestic Product (GDP) and the public health infrastructure is inadequate and unequally distributed. Out-of-pocket payments are the predominant mode for financing healthcare in the country. This is grossly unfair and exposes a large number of households to catastrophic health expenditure, which has often been a contributing factor for rural and urban indebtedness. 2. In a positive development in 2018, India’s National Health Protection Mission was unravelled as a universal health care plan aimed at offering 500 million families living in poverty up to Rupees 5 lakh of coverage each year. It could be the largest government-funded scheme in the world and act as a pivotal step towards universal health coverage. However, it does not cover the primary health care and OPD services. Thus, due to lack of enforceability of Directive Principles, right to health remains unenforceable for citizens. 3. The right to health is also internationally recognised as a fundamental human right. In 1946, the World Health Organisation stated in its Constitution that ‘‘the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition.’’ This right is also included in the Universal Declaration of Human rights and in the International Covenant on Economic, Social and Cultural rights, of which India is a signatory. 4. The ongoing pandemic has also highlighted the gaps in the current healthcare model and the need for an accessible health care model. 5. It is important, as a nation, to prioritise health care for all, and take preventive measures instead of reactive measures. This can be done by a collaborative approach aligning the existing government schemes/ policies, the interest of the payers and providers, along with innovative partnerships. It will not only help us in mitigating the risks but will also act as a foundation for stronger social returns and set us on a path to realise accessible healthcare for all. Hence, this Bill. DR. FAUZIA KHANSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 91 FINANCIAL MEMORANDUM Chapter III and V proposes a grievance redressal mechanism and appropriate actions by the government. Clause 9 provides for establishing a pricing strategy committee, to ensure the inclusive pricing to onbaord more private entities to the existing schemes. Clause II provides for awareness raising programme. Further, such Bills, if enacted, by Parliament or State Legislatures will involve expenditure recurring and non-recurring from the Consolidated Fund of India as well as Consolidated Fund of the concerned State. However, it is not possible to assess the actual financial expenditure likely to be incurred at this stage.92 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 15 of the Bill empowers the appropriate Government to frame rules for carrying out the purposes of this Bill. As the rules will relate to matters of details only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 93 XVII BILL NO. XXXVI OF 2021 A Bill to provide equal opportunity and prohibition of discrimination against Scheduled Castes and Scheduled Tribes in services, trade, business and commerce or other utility services in private sector establishment and for matters connected therewith and incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:–– CHAPTER I PRELIMINARY 1. (1) This Act may be called the Promotion of Equal Opportunity and Prohibition of Short title, Discrimination Against the Scheduled Castes and Schedule Tribes in Employment Bill, 2021. extent, commencement (2) It extends to the whole of India. and application (3) It shall come into force with immediate effect.94 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (4) It shall apply to all private sector concerns engaging in any business, trade, commerce, contract, construction, trasnport and other utility services within the territorial jurisdiction of India. Definition. 2. (1) In this Act, unless the context otherwise requires— (a) "Committee" means the equal opportunity and Prohibition of Discrimination monitoring Committee constituted under Sector 10. (b) Government Contracts (1) For the puposes of this Act, a "government contract" means a contract wherein one of the parties qualifies as 'state' for the purposes of Article 12 of the Constitution of India. (2) Provided that a contract which is not a government contract as defined above, but which involves the performance of any obligations under a government contract, shall be considered a government contract, for the purposes of this Act. (c) "Notification" means a notification issued under this Act and published in the Official Gazette of India; (d) "Prescribed" means prescribed by rules made by the Ministry of Empowerment, the nodal ministry and under this Act, by the executive orders of the ministry, or those made by the Central Government and in force but not inconsistent with the Act or Rules made under this Act; (e) "Prescribed Authority" shall mean the Ministry of Social Justice and Empowerment, Government of India, as nodal ministry or an officer authorised by it; (f) "Private sector establishment" means any organization or establishment which is owned by private individual or a private corporation in which the govt. of India or state has no financial interest; (g) "Rules" means those Rules made under this Act and instructions, directions, or orders issued under this Act or those existing but not inconsistent with this Act and Rules; (h) "Scheduled Castes" and "Scheduled Tribes" shall have the same meaning assigned to them respectively under Clauses (24) and (25) of Article 366 of the Constitution. (i) "Service" shall means and include any service or post or class of posts or office, appointed to for remuneration in connection with the affairs of the private sector establishment by recruitment, promotion, transfer, deputation and up-gradation including contractually, through outsourcing, or otherwise. (2) The respective State Governments may tabs suitable steps for framing similar enactments with provisions mutatis mutandis as a conditions to grant or allot loans, concessions, subsidies, share capital, land, or, utility services to any private sector establishment by whatever nomenclature used with in the territorial jurisdiction of the State as specified in the First Schedule to the Constituion. Equal 3. (1) The Central Government and the private sector establishment shall promote and opportunity provide equal oppurtunity and facilities to members of the Scheduled Castes and Scheduled and facilities Tribes by an affirmative economic action programme and shall not discriminate against them to the SC & in any economic activity, including but not limited to the awarding of contracts, subcontracts, STs. services, trade, business, commerce, construction contracts, transport, contracts to supply goods or utility services: Provided that a private sector estableshment that avails or utilises the contract services of a subcontractor or contract labour agency shall ensure that at least 25 per cent. of the contractual services are awarded to Scheduled Castes and Scheduled Tribes.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 95 (2) When a private sector establishment contracts to purchase goods or services from the suppliers of such goods or services, at least 25 percent. of such contracts for supply of goods or services shall be made with Scheduled Caste and Sheduled Tribe suppliers or small establishment enterprises or cooperative societies wholly composed of and managed by members belonging to Scheduled Castes or Scheduled Tribes or both only. (3) When the Central Government or a Public sector undertaking, industry, company or utility service awards a contract to a private sector ebtablishment for supply of goods or services, the contract shall contain a clause that the private sector establishment shall purchase or avail at least 25 percent. of the contracted goods or services for Scheduled Caste or Scheduled Tribe suppliers or small establishments, enterprises or cooperative societies wholly composed of and managed by members belonging to Scheduled Castes or Scheduled Tribes or both only as subcontractors. (4) When a private sector establishment obtains a construction contract with the Central Government or a public sector undertaking, industry company or utility service it shall avail or utilise the services of, or purchase at least, 25 percent. of the contracted goods or services from Scheduled Caste or Scheduled Tribe suppliers or small establishments, enterprises or cooperative societies wholly composed of and managed only by Scheduled Castes or Scheduled Tribes or both. (5) In the awarding of contracts, outlets licenses, public utility services, leases, allotments or auction of shops, industrial units, plots of land for industrial or commercial purpose, dealerships and distribution of any other largesse, the Central Government or a public sector undertaking, industry, company or utility service shall allot at least 15 percent. to Scheduled Caste recipients and at least 7½ percent. to Scheduled Tribe recipients: Provided that where adequate numbers from either category are not available or do not avail such awards, the residue shall be allotted to the other categories. (6) (i) A private sector establishment in its allotment of contracts, outlets, licentses, utility services, leases, shops, franchises, dealerships, distribution of any work, goods or services, shall allot at least 15 percent. to Scheduled Castes recipients and 7½ percent. to Scheduled Tribe recipients: Provided that where adequate numbers from either category are not available or do not avail such awards, the residue shall be allotted to the other categories: Provided that benami transactions shall be void and the allotte of the benami acquires no right, title or interest therein. (ii) The private sector establishment on satisfying itself as to the nature of the misrepresentation shall allot to any other Scheuled Caste or Schedule Tribe recipient such subcontract, supply, or service or goods. Provided further that such benami transaction shall be cancelled following a just and fair procedure consistent with the principles of natural justice in such manner as may be prescribed and on such cancellation, the same shall be re-allotted to any other person belonging to Scheduled Caste or Scheduled Tribe. (7) (i) If any person covered by the transactions described in Sub-sections (1) to Sub-section (6) misrepresents himself to be from the Scheduled Caste or Scheduled Tribe community, he shall be ineligible for such subcontract, supply, service or goods. (8) Provided also that the Assistant Central Labour Commissioner having territorial jurisdiction over the private sector establishment shall, on a complaint, or in a suo motu proceeding, inquire into such benami transactions or misrepresentation and after giving96 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— reasonable opportunity of oral hearing to the affected person, cancel the allotment in such manner as may be prescribed. Penalty for 4. A private sector establishment, contractor, or a subcontractor making any false false statement for the purpose of obtaining a contract, service, or supply of goos shall be liable statements. to pay a penality of not less than one-third of the total value of the contract or subcontract, which shall be recovered on a certificate issued by the Central Assistant Labour Commissioner as arrears of land revenue by the Executive Magistrate having territorial jurisdiction over the private sector establishment and the same shall be credited to a fund created by the nodal ministry. Power of 5. The Central Assistant Labour Commissioner exercising territorial jurisdiction over enquiry of the private sector establishment shall on a complaint, or in a sou motu proceeding, enquire Central into the veracity of the statement and after giving reasonable opportunity of oral hearing to Assistant the offending person pass brief reasoned orders in such manner as may be prescribed: Labour Commissioner. Provided that the onus to prove that the statement is not false shall lie on the person making the statement and on rebuttal, the complainant, or in case of a suo motu proceeding, concerned Central Assistant Labour Commissioner shall be responsible to substantiate it. Appeal. 6. An appeal against the orders of the Central Assistant Labour Commissioner shall lie to the Regional Central Labour Commissioner exercising territorial jurisdiction over the private sector establishment who, after giving reasonable opportunity of oral hearing to the appellant, shall decide the appeal within three months from the date of filing the appeal with brief reasons in support of the order, in such manner as may be prescribed. CHAPTER IV The 7. (1) A Private Sector Establishment shall notify to the nodal ministry within two months nomination of from the date of commencement of this Act, an 'accountable person' of the Private Sector accountable establishment who shall be responsible for the implementation of this Act, the rules made person by the thereunder and all directions or orders issued by the nodal ministry or those in operation. private sector and the (2) The nodal ministry shall authorise an officer of the rank of Joint Secretary for the authorised implementation of the provisions of this Act. The rules made thereunder and all instructions officer by the or directions of the nodal ministry. nodal ministry. (3) The authorised officer shall interact with the private sector establishment to secure the enforcement of and compliance with this Act to provide equal opportunity in service, trade, business, commerce or any other diverse contractual activity of the private sector establishment to the Scheduled Castes and Scheduled Tribes in matters related to the entry into contract, supply of contract labour service, goods, utility services or any other activity connected within the private sector establishment. (4) The authorised officer in consultation with the Secretary, Labour Department, Government of India, or any other department of the Government of India, shall collect all relevant information and maintain a register containing a list of eligible and qualified persons of Scheduled Caste and Scheduled Tribe community for supply when called for by any private sector establishment. Training. 8. (1) The authorised officer, in collaboration with the private sector establishment or independently, shall arrange and organise training for Scheduled Caste and Scheduled Tribe persons so as to impart the necessary knowledge, training and skills required in the private sector establisment for service, trade, business, commerce, transport, manufacture of goods, utility service, performance of contract or transmission of information technology and so on, either in existing institutions will involve expenditure created for such purpose at such places as are necessary. (2) The accountable person of the private sector establishment shall interact with and inform the authorised officer of the nodal ministry of the eligibility requirements and qualifications of its personnel so as to enable him to make available the needed personnel toSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 97 the private sector establishment or, in collaboration with the private sector establishment, to organise and part the necessary training to Scheduled Caste and Scheduled Tribe persons. (3) The private sector establishment shall also arrange to part from time to time, prior to or on appointment, promotion or up-gradation, the required knowledge, training and skills to all Scheduled Caste and Scheduled Tribe candidates. 9. (1) A member of the Scheduled Caste or Scheduled Tribe community who applies for Complaints. appointment, award of contract, subcontract, agency, contact labour supply agency or any other economic activity and is not provided such opportunity for appointment, award of contract, subcontract, agency, contract labour supply agency or in any other economic activity, or is discriminated against, may make a complaint to the Central Assistant Labour Commissioner having territorial jurisdiction over the private sector establishment. (2) On receipt of the complaint the Central Assistant Labour Commissioner shall summon the accountable person of the private sector, or anyone duly aurhorised by him, to appear in person or through counsel to explain to his case. (3) On a prima facie concurence that the complainant was denied opportunity or was discriminated against, the Central Assistant Labour Commissioner shall conciliate the matter between the complainant and the accountable person, or his authorised representative, and give such directions as may be necessary to provide opportunity to the complainant for his employment or participation in the concerned economic activity. (4) In case the conciliation fails, the Central Assistant Labour Commissioner shall refer the matter to the office of the Regional Central Labour Commissioner who, upon such receipt, shall refer the same to the Regional Conciliation and Counselling Committee. 10. (1) The nodal ministry shall constitute in each region, of a State, a Regional Regional Conciliation and Counselling Committee to further conciliate any matter received from the Conciliation Central Assistant Labour Commissioner. and Counselling (2) The Regional Conciliation and Counselling Committee shall consist of — Committee. (a) A representative of the private sector; (b) A social activist with the necessary knowlege and experience in the concerned sphere of the private sector and who is also committed to social justice and the empowerment of the Scheduled Castes and Scheduled Tribes; (c) A local advocate engaged in voluntary assistance to the Scheduled Caste and the Scheduled Tribe communities. (3) The Regional Central Labour Commissioner shall convene a meeting of the Regional Conciliation and Counselling Committee for further counselling and conciliation between the private sector establishment and the complainant by summoning them to do so. (4) The Regional Conciliation and Counselling Committee shall report the outcome of their efforts to the Central Regional Labour Commissioner. (5) The Regional Central Labour Commissioner shall, after considering all necessary factors, take a decision with reasoned orders in support thereof and communicate it to both parties: Provided that if the Regional Central Labour Commissioner so finds, he may direct the private sector establishment to employ the complainant or engage in economic activity with him: Provided further that the claim is found unjustified the same shall be communicated to the complainant. (6) The private sector establishment shall be directed to implement the order of the Regional Central Labour Commissioner within one month from the date of its receipt and report compliance thereof.98 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— CHAPTER V CONSTITUTION OF EQUAL OPPORTUNITY AND PREVENTION OF DISCRIMINATION MONITORING COMMITTEE AND ITS POWERS AND PROCEDURE Constitution 11. (1) The Central Government shall constitute a Committee to be known as the Equal and Opportunity and Prevention of Discrimination Monitoring Committee with the following composition members:— of the Equal Opportunity (a) Two Scheduled Caste Members of Parliament, one from the Lok Sabha and and one from the Rajya Sabha; Prevention of (b) Two Scheduled Tribe Member of Parliament from either the Lok Sabha or the Discrimination Monitoring Rajya Sabha; Committee. (c) The Secretary, Ministry of Corporate Affairs, Union Government; (d) The Secretary, Ministry Social Justice and Empowerment, Union Government; (e) The Secretary, Ministry of Labour, Union Government; (f) A member representing the private sector; and (g) A member with experience or knowledge of both private sector work and human rights. (2) The Chairman of the Committee shall be elected from among the four Members of the Parliament and in the absence of chairman any other Member of Parliament may preside over the meeting. (3) The Joint Secretary, Ministry of Social Justice and Empowerment, Government of India, shall be the Secretary of Committee and shall convene all meetings and have custody over its records. (4) The term of the Committee shall run co terminus with the Lok Sabha. (5) If any vacancy arises in the membership of the Committee under clauses (a) to (d) of sub-section (1) due to resignation, death, or otherwise, the same may be filled by the Central Government by appointing any other member for the remaining term of the Committee from the respective category. (6) Till a succeeding Committee is constituted after general elections to the Lok Sabha, the existing Committee shall continue to operate and function. (7) In the event of a vacancy in the Committee or the absence of any member attending its meetings, the proceedings of such meetings shall not be void or invalid. (8) The Committee shall meet regularly at lease twice a week and review the proper and effective implemention of this Act, the rules made thereunder, any directions, orders or policy affirmative action programmes for employment or socio-economic empowerment of the Scheduled Castes and the Scheduled Tribes. (9) The Regional Central Labour Commissioner shall periodically report to the Equal Opportunity and Prevention of Discrimination Monitoring Committee every six months of all action taken in implementation of this Act. (10) The Committee, upon the receipt of any complaint, or in a suo motu action, transmits its decisions to the Central Assistant Labour Commissioner exercising territorial jurisdiction over the relevant private sector establishment to take further action thereon. (11) The Committee shall report to both Houses of Parliament every year of all action taken by it regarding the implementation of this Act, the rules made thereunder and all directions, orders or policy affirmative action programmes and any recommendation by the Houses of Parliament shall be enforced. 11. (i) The nodal Ministry shall constitute a fund for the implementation of this Act from its budgetary allocations as also from penalties recovered from the private sector establishments.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 99 (ii) The Penalties recovered by the District Magistrate from the private sector as arrears of land revenue shall be credited to the account of the fund. (iii) The amount accumulated in the fund shall be utilised to impart knowledge and skills training for all members of the Scheduled Castes and Scheduled Tribes employed in the private sectior establishments or engaged in any economic activity therein. 12. The nodal Ministry, in collaboration with the Ministry of Corporate Affairs and Coordination Union Ministry of Labour and Empowerment shall be responsible for the coordination and and implementation of the provisions of this Act, the rules made thereunder and all directions, implementation. orders or policy affirmative action programmes made thereunder and shall report to the Committee. 13. No suit, prosecution or other legal proceeding shall lie against any implementing Protection of officer for any act done in good faith in pursuance of this Act, its Rules, or any other action taken direction. in good faith. 14. (1) All private sector establishments shall nominate an officer from among its Nomination of Scheduled Caste or Scheduled Tribe officers of such rank prescribed under this Act to liaison officer. function as a liaison officer to enforce the provision of this Act and such an officer is not available, any other officer shall be nominated. (2) The liaison officer shall be responsible, in particular for: (a) Coordination and strict implementation of this Act, its Rules and all instructions or directions by the nodal ministry in true spirit and purpose to achive the objects of this Act; (b) Submission of reports and returns to the nodal ministry within the prescribed period; (c) Facilitating the inspection of records by the authorised officer of the nodal ministry; and (d) Any other incidental work necessary for the above purposes. 15. (1) Private sector establishment shall maintain such records as may be prescribed Submission of and shall furnish the same every year to the nodal ministry in such manner and at such time annual report and as may be prescribed including but not lisited to an annual report on appointments, maintenance promotions, up-gradations and transfers of all Scheduled Caste or Scheduled Tribe personnel of records made during the previous year, information regarding the number of unfilled posts or vacancies thereof. and the steps taken to fill them up and the reasons for not filling them up. (2) An officer autorised by the nodal ministry, not below the rank of Director, shall inspect records relating to the services maintained by the private sector establishment so as to ensure implementation of this Act. (3) It shall be the duty of the private sectior establishment through its liaison officer to make available such records or documents relating to sub-section (2) for inspection by the inspecting officer and to furnish such information and extend or arrange such assistance as may be necessary to carry out the imspection. 16. A private sector establishment its liaison officers or the accountable person Penalty for responsible for implementing the provisions of this Act found contravening the provisions contravention of this Act. of this Act, the Rules made thereby or any instructions or directions, shall be liable to pay a penalty of at least three lakh rupees Rs. 3,00,000: Provided that if the concerned, liaison oficer or accountable person proves that he made every bona fide and sincere effort and exercised utmost care, attention and diligence to implement this Act, the Rules made thereunder and all directions issued thereunder or those in force he shall be exempted from paying the penalty.100 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Affidavit. 17. (1) A person claiming to be a member of any Scheduled Caste or Scheduled Tribe community shall file an affidavit to that effect and duly attested by an officer as specified in the Schedule to this Act. (2) As soon as an appointment to a reserved post is made, the appointing authority of the private section establishment or the concerned department of the Central Govt., public sector undertaking, industry, company, or public sector bank, shall immediately send the affidavit, original social status certificate and application for recruitment, or social status existing as on date to the Director of Social Welfare or the Tribal Welfare Department of the appropriate State Government for verification. (3) On receipt of the record mentioned in sub-section (2) from the private sector establishment, the appointing authority or a competent officer of the central Govt., public sector undertaking, industry, company, or Public Sector Nationalised Bank, the Director of Social Welfare or the Tribal Welfare Department of the appropriate State Government shall verify the veracity of the social status of the appointee and shall report back on such veracity within three months from the date of the receipt of the record. (4) In case such report is adverse to the appointee, the appointing authority or a competent officer shall immediately issue a show cause notice to the appointee together with a copy of the report received from the Director of the Social Welfare or Tribal Welfare Department calling for an explanation within a specified time. (5) On receipt of the explanation, if any, within the specified or extended time, the private sector concern shall take appropriate action within one month as per the rules or in accordance with the principles of natural justice and shall pass an order with brief reasons in support thereof: Provided that if the appointee seeks oral hearing in person, before an order is passed, such an opportunity may be given and the order shall be served in person on the appointee or, in case of avoidance, sent by registered post with acknowledgement due to the last known address: Provided further that a copy thereof shall be sent to the Director of the Social Welfare or the Tribal Department. (6) An appeal shall lie against an order passed under sub-sector (5) to the Head of the Department of the private sector establishment or the Head of the Department of the concerned Union Ministry, public sector undertaking, industry, company or public sector bank. (7) The appellate authority shall, after giving an opportunity of personal hearining to the employee, decide the same with brief reasoned orders within three months from the date of filing the appeal. (8) The order of appellate authority shall be served on the employee either in person or by registered post with acknowledgement due: Provided that in case the order is favourable to the employee, a copy shall be communicated to the Director of the Social Welfare or the Tribal Welfare Department of the appropriate State Government. Penalty for 18. (1) Whoever, falsely claims to be a member of a Scheduled Caste or Scheduled false claims. Tribe and produces such a social status certificate shall be liable to be punishable with imprisonment of not less than six months and fine up to twenty thousand rupees or more. (2) Whoever, charged with the responsibility of issuing caste certificates to members of the Scheduled Castes and Schedule Tribes, issues a false caste certificate shall be liable to imprisonment of not less than three months and fine up to ten thousand rupees. (3) The falsity of the claim or certificate shall be proved by the report of the Director of Social Welfare or the Tribal Welfare Department regarding the social status of the appointee and the burden shall be on the appointee or the certificate issuing officer to prove otherwise.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 101 (4) An appointee accused and convicted under sub-section (1) of this section shall stand disqualified for any future appointment in any private sector establishment or in the Union of India, State Government, public sector undertaking, industry, company or public sector banks and shall also not be eligible to contest any electoral representative office including Member of Parlaiment, Member of Legislative Assembly or Council and local bodies. (5) No prosecution for an offence under this Act shall be maintainable against an officer except by or with the sanction of the nodal ministry with prior approval of the National Commission for Scheduled Castes or National Commission for Scheduled Tribes. (6) The said Commissions shall examine the veracity of the conclusion of prima facie violation of this Act and the nodal ministry shall ordinarily accept such recommendation unless it further consults the respective Commission and if the respective Commission may revise such recommendation. (7) The respective Commissions for Scheduled Castes or Scheduled Tribes shall send their recommendation within three months from the date of receipt of communication from the nodal ministry. 19. (1) No competent court shall take congnizance of an offence punishable under Cognizance of Section 18 save on a complaint filed by the aggrieved person or competent police officer or the offence by a competent authorised officer of the nodal ministry or the Director of the Social Welfare or the Tribal court. Welfare Department of the appropriate State Government. (2) No court inferior to that of the Courts of the Metropolitan Magistrate or the Judicial Magistrate of the First Class shall try an offence punishable under this Act. 20. The offences under this Act shall be congnisable and non-bailable. Cognisance and The provisions of the Protection of Civil Rights Act, 1955, and the Scheduled Castes non-bailable. and Scheduled Tribes (Prevention of Atrocities) Act, 1989, stand inapplicable as to the extent of this Act. 21. Every Private sector establishment shall be bound by this Act, the Rules made Power of thereunder or such directions or instructions issued by the Central Govt. and in operation Central Government but not contrary to or inconsistent with the provisions of this Act or any general or special to give orders, given in writing from time to time, to give effect to the provisions of this Act. directions. 22. Notwithstanding anything contained in any other law for the time being in force Act to have the provisions of this Act shall have overriding effect. over-riding effect. 23. If any difficulty arises in giving effect to the provisions of this Act, the nodal Removal of ministry may, by order published in the official Gazette, make such provisions not inconsistent difficulties. with the provisions of this Act as may be necessary for removing such difficulty. 24. The Ministry of Social Justice and Empowerment shall, every year, place before Presenting of each House of Parliament a report giving a full account of the implementation of this Act Annual Report. during the preceding year. 25. (1) The Ministry of Social Justice and Empowerment may, give proper and full Power to make effect to this Act, and by notification, make rules to carry out the provisions of this Act. rules. (2) In particular and without prejudice to the generality of the foregoing provisions, the nodal ministry may make such provisions and may provide for all or any of the following matters namely:— (a) to ensure that the percentages of posts, offices or services to be reserved in the private sector establishments for the members of the Scheduled Castes and Scheduled Tribes under this Act be not less than 15 percent and 71/ percent respectively 2 or as may be amended from time to time;102 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) manner of filling the posts reserved for Scheduled Castes and Scheduled Tribes and relaxation of upper age limit etc.; (c) exemption of fee for applying for recruitment to a service; (d) rank of officer to be nominated as liaison officer under section 14; (e) the manner of conducting annual inspection of records under Section 15; (f) the records to be maintained by private sector establishments under Section 15, the manner in which, and the time at what, an annual report on the appointments, promotion or up-gradation of Scheduled Castes or Scheduled Tribes persons made during the previous year to be furnished; (g) procedure for enquiry by the appointing authority and appellate authority; (h) such other rules or orders or direction which is required to be prescribed to carry out the provisions of this Act. (3) Every rule made under this Act or instructions or directions shall be placed, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised of one session or of two or more successive sessions, and if, before the expiry of the session immediately following the current session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be. Any such modification or annulment shall be without prejudice to the validity of anything previously done under this Act, its Rule, directions or orders.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 103 SCHEDULE [Section 17(1)] AFFIDAVIT I ___________________________________S/D/o___________________________ of Village/Town____________________________________within the jurisdiction of ___________Police Station in___________________Taluk/Mandal/Subdivision______ in the Districts/Division______________________ of the State/Union Territory belong to____________________________________ Community/Caste/Tribe by birth and continue to be a Scheduled Caste/Tribe which is recognised in item No.____________ as Scheduled Caste/Scheduled Tribe under the Constitution (Scheduled Caste/Scheduled Tribe) Order, 1950 or as amended from time to time by the Scheduled Caste/Scheduled Tribe List Modification Order, 1956, the Bombay Reorganisation Act, 1960, The Punjab Reorganisation Act, 1966, The State of Himachal Pradesh Act, 1970, The North-Eastern Areas (Reorganisation), 1971, and the Scheduled Caste/Scheduled Tribe Order Amendment Act, 1976 of the Scheduled Caste/Scheduled Tribe Amendment Order_______________ I _______________________S/D/o_____________further state that my parents and myself ordinarily/normally reside in the said Village/Town and within the jurisdiction of______________________Police Station in__________________Taluk/ Mandal/Subdivision in the District/Division_____________________________of the State/Union Territory. I further verify and solemnly state that the facts stated above are true and correct to the best of my knowledge, belief and information and no part of the statement is incorrect or false. Signature of the Candidate Attested by a Gazetted Officer Note: In case the candidate is son or daughter of a migrant labour or transferee, and in service of the Central Government or State Government or other authority, it should further be stated in the affidavit of the date of migration or transfer of the parent and the duration of stay in the migrated or transferred place in which the Caste or Tribe was not recognised as Scheduled Caste or Scheduled Tribe. The following officers are eligible to attest the affidavit: (1) District Magistrate/ Additional District Magistrate and the District Collector/ Deputy Commissioner/ Additional Deputy Commissioner/ Deputy Collector/ Additional Joint District Collector/ Judicial Magistrate First Class/ First Class Stipendiary Magistrate/ Sub-Divisional Magistrate/ Taluka Magistrate/ Executive Magistrate/ Extra Assistant Commissioner. (2) Chief Presidency Metropolitan Magistrate/ Additional Chief Presidency, Metropolitan Magistrate/ Presidency Magistrate. (3) Revenue Officer not below the rank of the Tehsildar. (4) Sub-Divisional Officer/ Mandal Revenue Officer / Mandal Development Officer of the area where the candidate and/or his family normally reside/ migrated to or transferred.104 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The constitutional philosophy of the Democratic and Socialist Republic of India is founded upon an inclusive and participatory Democracy. However, large social segments, in particular the Scheduled Castes and Scheduled Tribes are socially and economically deprived, disadvantaged and have faced historical and systemic discrimination. The Constitution emphasizes the need to bring the Scheduled Castes and Scheduled Tribes into the national mainstream and guarantees social economic and political justice to all. The Constitution provides an imperative on the state to promote their welfare, minimize economic disparity, and endeavor to eliminate inequalities in status, facilities and opportunities. Further, the state has to promote the particular economic interest of Scheduled Castes and Scheduled Tribes and protect them from all forms of exploitation. Citizens too have a fundamental duty of striving towards excellence. In light of the changing nature of economy and increased Liberalization, Privatization and Globalization and consequent rolling back of a state, Scheduled Castes and Scheduled Tribes have increasingly been at receiving end. The private sector is increasingly becoming more participant in various socio-economic activities without commensurate responsibility of empowerment of weaker section of the society. The participation of Scheduled Castes and Scheduled Tribes in private sector economy remains minimal. Therefore, in fulfillment of constitutional goals, private and corporate sectors are required to discharge their corresponding social responsibilities. In view of the above a bill to prohibit discrimination in matters of employment and to provide equal opportunity to Scheduled Castes and Scheduled Tribes in private sector employment and matters rising out of this right or connected therewith or incidental thereto is necessary. Hence, this Bill. NEERAJ DANGI.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 105 MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 25 of the Bill empowers the Central Government to make rules for carrying out the purposes of this Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.106 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 11 provides for establishment of a fund for the implementation of this Act. The Bill, if enacted will involve additional expenditure from the Consolidated Fund of India, either recurring or non-recurring. At this stage, it is difficult to make any estimate of the expenditure.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 107 XVIII BILL NO. XXXVII OF 2021 A Bill to provide for measures to control the population in the country and for matters connected therewith and incidental thereto BE it enacted by Parliament in the Seventy-second year of the Republic of India as follows:— 1. (1) This Act may be called as the Population Control Act, 2021. Short title, extent, (2) It extends to the whole of India. commencement and (3) It shall come into force on such date as the Central Government may, by notification application. in the Official Gazette, appoint.108 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (4) Notwithstanding anything contained in any other law for the time being in force, this Act shall be applicable to all married couples including couples in a live in relationship, even if the boy is less than twenty-one years of age and the girl is less than eighteen years of age. Definitions 2. In this Act, unless the context otherwise requires,— (a) ‘‘appropriate Government’’ means in the case of a State, the Government of that State and in all other cases, the Central Government; (b) ‘‘Committee’’ means District Population Stabilizing Committee set up under Section 5; (c) ‘‘employee of the Union Government’’ means any person who is serving in connection with the affairs of the Central Goverrnment or in any undertaking or organization under the control of the Central Government; (d) ‘‘Fund’’ means the National Population Stabilization Fund constituted under Section 10; and (e) ‘‘prescribed’’ means prescribed by the rules made under this Act. Availability of 3. The Central Government shall ensure that contraceptives are available at all contraceptives. sub-health centres in the country and provided free of cost to EWS and BPL groups. National 4. (1) The Central Government shall constitute a National Population Control Council Population of which the Union Health Minister shall be the Chairman and State Health Ministers and Control Lt. Governor or Administrators in case of Union Territories shall be the Members. Council. (2) The Council shall meet quarterly in first week of January, April, July and October to discuss the Population Control Program. State 5. (1) The State Governments shall constitute State Population Control Council of Population which the Health Minister or Lt. Governor/Administrators in case of Union Territories shall Control be the Chairman and District Magistrates and Chief Medical Officers shall be the Members. Council. (2) The Council shall meet in the first week of every month to monitor the Population Control Program. Setting of 6. (1) The appropriate Government shall set up district level monitoring committee to District be known as District Population Stabilization Committee in all districts. Population Stabilisation (2) The Committee shall consist of; Committee. (a) the District Collector; (b) the Chief Medical Officer; and (c) One representative from each Panchayat Samiti in the district. (3) The Committee shall take steps to encourage the use of contraceptives and control the population growth rate in their concerned district in such manner as may be prescribed. (4) The first Sunday of every month shall be celebrated as Population Control Day and contraceptives etc. shall be provided free of cost to economically weaker sections and people below poverty line. (5) There shall be sterilization camps on first Sunday of every month in every hospital including primary-health centres and recognized private hospitals. Benefits to 7. If both the husband and the wife, who have only one child, undergo sterilization/ married operation, the appropriate Government shall provide them with following benefits namely:— couples for undergoing (a) preference for admission in Kendriya Vidyalaya and Navodaya Vidyalayas; sterilization.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 109 (b) preference for admission in institutes of Higher Education; (c) preference to the single child for selection in Government jobs; (d) fifty thousand rupees each to wife and husband as one time grant; (e) such other benefits as appropriate Government deems fit. 8. If both the husband and the wife are living below the poverty line and having only one Additional child, undergo sterilization/operation, in addition to the benefits granted under Section 8 benefits for by the appropriate Government, such married couple shall be eligible for payment from the married couples living Central Government a one-time lump sum amount of fifty thousand rupees if the single below the child is a boy or one lakh rupees if the single child is a girl. poverty line. 9. Both the husband and the wife, who have more than two children after the Disincentives commencement of this Act, shall be debarred from:— for the married (a) contesting Lok Sabha, State Legislature and Panchayat elections; couples with more than two (b) getting elected to the Rajya Sabha and State Legislative Council; children. (c) forming political party and becoming political office bearer; (d) applying for State Government jobs of any category; (e) applying for Central Government jobs of any category; (f) applying for Private jobs of any category; (g) receiving any kind of subsidy including free food, free electricity, free water; (h) receiving any kind of loan from banks and financial institutions; (i) receiving any kind of incentive, stipend and monetary benefits; (j) forming association or union or cooperative society; (k) practicing any profession and carrying out any occuption; (l) using right to vote, right to contest and right to form association; 10. The appropriate Government shall introduce a compulsory subject explaining the Compulsory adverse effects of population explosion and benefits of population control in all schools subject on including recognized, unrecognized, minority education schools and essay competition and Population Control. debates etc. will be organized every month. 11. (1) There shall be constituted a Fund called the National Population Stabilization Constitution Fund by the Central Government. of National Population (2) The Central Government and the State Government shall contribute to the Fund in Stabilisation such a ratio as may be determined by the Central Government: Fund. Provided that the ratio shall be such that the State with higher fertility rate shall contribute in higher proportion compared to the States with lower fertility rate. (3) The money collected under the Fund shall be redistributed to the States and Union Territories that have implemented reforms to control population and have been able to significantly reduce their population growth rate, in such manner as may be prescribed. 12. The Central Government shall provide adequate funds after due appropriation by Provision for the Parliament by law in this behalf, from time to time, for carrying out the purposes of this Central Government Act. Employees. 13. (1) After one year from the commencement of this Act, all employees of the Central Undertaking and State Government shall submit an undertaking in writing to the respective appointing by the Government authority that they shall not procreate more than two children: Employees.110 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Provided that the employees who already have more than two children at the commencement of the Act shall submit an undertaking that they shall not procreate any more children. Miscellaneous 14. (1) The Central and State Government, when recruiting employees, shall give provisions. preference to candidates having two or less than two living children. (2) The employees of the Central and State Government already having two living children may be allowed to procreate one more child in case of disability of living child or any such circumstances as prescribed in the rules. (3) An employee of the Central and State Government whose action is found to be in violation of any provision of this Act shall be liable for dismissal from service. Power to 15. The Central Government may, be notification in the Official Gazette, make rules for make rules. carrying the purpose of this Act. Power to 16. The provisions of this Act shall have effect notwithstanding anything inconsistent override laws. therewith contained in any other law for the time being in force.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 111 STATEMENT OF OBJECTS AND REASONS At present, 125 crore Indians have AADHAAR, around 20 per cent viz. 25 crore are without AADHAAR, and around 5 crore Bangladeshi-Rohingya infiltrators illegally reside in India. From this, it is evident that the total population of our country is more than 150 crore and we have marched ahead of China. If we calculate natural resources, then we have around 2 per cent of agriculture land and 4 per cent drinking water of the world. However, our population is 20 per cent. Russia is five times bigger than India but its population is 15 crores. China is three times bigger than India and population is 144 crores. America is three times bigger than India and its population is 33 crores. Canada is three times bigger than India and its Population is just 4 Crores. Brazil is 2.5 times bigger than India and its population is 22 crores. Australia is 2.5 bigger than India and its population is 2.5 crores and we are now 150 crores. Similarly, 5000 children are born per day in Russia, 1000 children are born per day in Canada, 44000 children are born per day in China, 11000 children are born per day in America, 8000 children are born per day in Brazil, 900 children are born per day in Australia. But 70,000 children are born per day in India. Population explosion is root cause of most of our problems including shortage of water, forests, land, bread, clothes and house, poverty and unemployment, hunger and malnutrition and air, water, soil and sound pollution. It is root cause of the crowds in trains, police stations, tehsils and jails, High Courts and Apex Court. Population explosion is the root cause of theft, dacoity and snatching, domestic violence, physical and mental harassment of women and separatism, fanaticism, stone pelting etc. From a survey, conducted on thieves, dacoits, snatchers, rapists and mercenaries, it is apparent that about 80 per cent criminals and offenders are such that their parents have not followed policy of “Ham Do - Hamare Do”. Therefore, it is evident from the above stated facts that population explosion is the basic cause of more than 50 per cent problems of India. The Bill, therefore, seeks to introduce incentives for population control and provides for constitution of a National Population Stabilization Fund and National Population Control Council. It is vital for us to realize that population control and enforcement of two child norms are immediate measures, and steps such as providing contraceptives and encouraging family planning will play a stronger role in decreasing the population growth rate in long run. Hence this bill. HARNATH SINGH YADAV112 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 6 of the Bill provides for establishment of District Population Stabilization Committees that would work to provide assistance and information regarding population control. Clauses 7 and 8 provide for cash amount to be given to couples as an incentive for population control. Clause 10 provides for the introduction of a compulsory subject on population control in schools of certain districts. Clause 11 provides for the establishment of the National Population Stabilization Fund. Clause 12 provides that the Central Government shall provide funds for carrying out the purposes of this Act. The Central Government shall have to incur some expenditure for implementing the provisions of this Bill in respect of Union Territories. The State Governments will incur expenditure in respect of their States out of their respective consolidated funds. The Bill, thereore, if enacted, would involve an annual recurring expenditure of about five hundred crore rupees per annum from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 113 MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 15 of the Bill empowers the Central Government to make rules for carrying out the provisions of the Bill. As the rules will relate to matters of details only, the delegation of legislative power is of normal character.114 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— XIX BILL NO. XXXIX OF 2021 A Bill further to amend the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. BE it enacted by Parliament in the Seventy-second year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Scheduled Castes and the Scheduled Tribes (Prevention commencement. of Atrocities) Amendment Act, 2021.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 115 (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment 33 of 1989. Act, 1989 (hereinafter referred to as the principal Act), in section 3, in sub-section (1):— of section 3. (i) after clause (h), the following clause shall be inserted, namely:— "(ha) denies payment of minimum wages to a member of a Scheduled Caste or a Scheduled Tribe;" (ii) for clause w (i), the following clause shall be substituted, namely;— "intentionally touches a woman belonging to a Scheduled Caste or a Scheduled Tribe, when such act of touching is of a sexual nature and is without the consent of the women;" 3. After section 8 of the principal Act, the following section shall be inserted, namely;— Insertion of new Section 8(A). "8A. (1) The State Government shall appoint at each district level a Deputy Investigation Superintendent of Police or a Circle Officer from Scheduled Caste or Scheduled Tribe and monitoring of communities as the Principal Investigating Officer to investigate offences of atrocities against cases of Scheduled Castes and Scheduled Tribes. atrocities. (2) The State Government may form a panel of officers headed by an administrative officer, not below the rank of District Magistrate to monitor such cases in districts where cases of atrocities against persons belonging to Scheduled Castes or Scheduled Tribes are high." 4. In section 15A of the principal Act:— Amendment of Section (i) in sub-section (8), after clause (c), the following clause shall be inserted, namely:— 15A. "(d) issuing directions for payment of compensation to a victim or his dependent when the accused is proven guilty. Provided the amount of compensation shall be proportionate to the gravity of offences." (ii) in sub section (11), after clause (f), the following clause shall be inserted, namely:— "(fa) to create a fund to bear the costs of paying the transportation allowance to the victims or victims' families for appearing in the courts and police stations and compensation for lost daily wages, if any;"116 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, which came into effect in 1990, was enacted with a view to provide protective cover to those belonging to these castes and tribes, keeping in mind, the Right to Life under Article 21. Although, there have been various protective pieces of legislation to ensure the protective cover to Scheduled Castes/Scheduled Tribes communities, atrocities against them have been on rise. For instance, as per a report tabled in the Rajya Sabha in March 2021, while there has been an increase of 15.55 per cent in crimes against women and children from Scheduled Castes/Scheduled Tribes communities in the last three years (2017-2019), the conviction rate under Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 during the same period has been as low as 26.86 per cent, with pendency at an alarming 84.09 per cent. The Cambridge Dictionary defines 'atrocity' as 'an extremely cruel, violent, or shocking act. Atrocity can be physical as well as mental. For instance, utilizing full labour and not paying adequate wages just because the worker belongs to a certain category, class or religion in an example of atrocity in itself. Crimes of sexual assault against Scheduled Castes/Scheduled Tribes women is a result of thinking emanating from the sub-conscious mind, where an Scheduled Castes/Scheduled Tribes woman is considered to be vulnerable as well as incapable of fighting for her dignity. As per the National Crime Record Bureau's (NCRB) report for the year 2019, there were 13,273 assault cases of beating stripping, kidnapping including 3,486 cases of rape, against women from Scheduled Castes communities. Wide-spread under-reporting, threatening the victim and her family, hesitation to report the crime from the victim itself, not registering FIRs, shoddily conducted investigation are some of the major problems faced by the victims of Scheduled Castes/Scheduled Tribes communities. Moreover, lack of adequate financial resources of fight a legal case is a major impediment for the Scheduled Castes/Scheduled Tribes victims to continue with the legal proceedings. A fund taking care of the transportation allowances and daily wages lost, if any, of victims will motivate the victims to not drop As the case due to inability to pay for the travel from their home to the Police Station and Court. The compensation declared by the Court, to be given to victim, shall be imposed as penalty on the accused, when proven guilty. The threat of becoming financially incapacitated will act as a deterrent to the perpetrator from committing future crimes against the Scheduled Castes/Scheduled Tribes. No matter, how serious is the atrocity committed against the Scheduled Castes/Scheduled Tribes, if the Investigation officer acts with the prejudices, then it is hard to expect justice being delivered. In such scenario, it becomes necessary that Deputy Superintendent of Police/Circle Officer from Scheduled Castes/Scheduled Tribes communities should be appointed as the Principal Investigating Officer to handle the case. Hence, this Bill. DR. NARENDRA JADHAVSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 117 XX BILL NO. XX OF 2020 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy first Year of Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2020. Short title. 2. In article 12 of the Constitution, after the words, ''Government of India'' the words, Amendment of ''but does not include any religious institution administered or funded wholly or partly by the article 12. State'' shall be inserted. 3. After article 12 of the Constitution, the following articles shall be inserted, Insertion of namely:— new articles 12A and 12B. ''12A. All the rights enumerated in this Part shall be read harmoniously, and no Harmonious right shall be so interpreted as to extinguish or abridge any other right. coexistence of rights.118 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Residual rights ''12B. The enumeration in this Part of certain rights, shall not be construed to of the people. deny or abridge other rights retained by the people''. Amendment of 4. In article 25 of the Constitution, article 25. (a) for the marginal heading, the following shall be substituted, namely:— ''Freedom of religion and the practice thereof by means of rituals, rites festivals, customs, traditions etc.’’ (b) for sub-clause (b) of clause (2) the following shall be substituted, namely:— ''(b) providing for: (i) the access to the Hindu religious institutions of public character to call classes and sections of Hindus with due regard to the religious customs of each such institution; (ii) the management of the Hindu religious institutions and administration of their properties through a body consisting of religious persons and representatives of Hindus, elected for the purpose for each such institution or for a group of such institutions, as may be prescribed in that behalf by or under any law made by parliament, with the State exercising no control over the management of such institutions or administration of their properties; (iii) the appropriation of the funds, properties and all resources of the Hindu religious institutions only for the purposes of maintenance and development of the Hindu religious institutions; for the general religious well being of the Hindus and Hindu community and for the preservation, promotion and propagation of Hindusism; (iv) the prohibition of non-Hindus from taking part in the management, administration or any other activity whatsoever, of the Hindu religious institutions and their properties; (v) the protection by the State of all Hindu religious institutions and their properties from encorachment of illegal destruction; (vi) the creation of national, state, regional, district and local level Hindu Dharma Sabhas consisting of both religious and elected representatives of Hindu religious institutions as may be prescribed in that behalf by or under any Law made by Parliament, for the purposes of guidance, preservation, promotion and propagation of Hinduism;’’ (c) after clause (2) the following clause shall be inserted, namely:— ''(3) Subject to public order, all persons shall have the right to celebrate religious festivals, observe cultural practices and take part in sporting activities.'' Amendment of 5. In the Constitution, the existing article 26 shall be renumbered as clause (1) thereof article 26. and after clause (1) so renumbered, the following clauses shall be inserted, namely:— ''(2) The State shall not control, administer or manage, whatsoever, any institution including its properties, established or maintained of religious or charitable purposes by a religion or any section thereof. (3) In making any law providing for the compulsory acquisition of any property of a religious or charitable institution established or maintained by a religion or any section thereof, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.''SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 119 STATEMENT OF OBJECTS AND REASONS Amendment of article 12, insertion of a new articles 12A and 12B, and a new clause (3) in article 25 aims to protect indigenous religious festivals, customs and practices from undue denial, curtailment or interference. The indigenous religious, spiritual and cultural practices of Hinduism have evolved over several millennia with no one founder, no specific set of binding scriptures and no central ecclesiastical organisation. Hindu customs and rituls while subtly conveying ethical, metaphysical and philosophical values also bind families and communities together. Hinduism acknowledges vast diversity within humans and accordingly evolved a system which allowed diversity in forms of devotions, worship and traditions. These ancestral traditions do not necessarily find justification in any particular scripture but from the lifeblood of popular amorphous religions and spiritual traditions collectively known as Hinduism. Hindu religious and cultural practices are a result of the collective wisdom and experience of thousands of generations of people of this sacred land. 2. However, there are some aspects of the Constitution that give space to forces to deracinate people from their indigenous religious and cultural moorings,— Firstly, by subjecting indigenous traditions and costoms that have come into being over several millennia of unbroken and unwritten practice to the test of 'essential practice' of religion, which would lead to Hinduism falling woefully short as opposed to the religions of the Book, where the Book defines the essentials etc. Secondly, since Hindu religious and charitable endowments have been taken over by Governments, they are regarded as effectively being part of 'the State' as defined by article 12 of the Constitution, and as a result any Hindu religious custom or practice can be challenged as violative of one or other fundamental rights. Thirdly, article 25(2) (b) which provides for 'social welfare and reform' was intended by the framers of the Constitution as an antidote to certain untenable social discrimination in the Hindu society but was never meant to be an enabler for legislative or judicial interference or destruction of ancient religious customs, festivals and practices of Hindus. Fourthly, the Constitution gives a buquet of fundamental rights and freedoms, all of which have been designed to harmoniously co-exist. Therefore, it is anathema to interpret one set of fundamental rights and freedoms in a manner that extinguishes or abridges the other set of fundamental rights and freedoms. Fifthly, the 'morality' that the framers of the Constitution envisaged in articles 19, 25 and 26 was the societal morality which is entirely different from the construct of ‘constitutional morality'. The unwarrnated interference in the age old indigenous festivals, customs and practices not only disrupts social and cultural cohesion and fabric but also generates avoidable social strife as happened in the cases of Jallikattu, Dahi Handi, Sabarimala, Shani Mandir, Kambala etc. 3. Fundamental rights as enumerated in Part-III of the Constitution, are essentially restrictions imposed on the State from unduly interfering in the lives and activities of the people. The people possess all freedoms and rights, only a certain of which are enumerated in the Constitution. The enumeration of certain rights and freedoms in our Constitution does not mean that the people do not possess or can be deprived of those that are not mentioned therein. 4. United Nations Declaration on the Rights of Indigenous Peoples-2007 (UNDRIP) to which India is a signatory, imposes certain obligations on Member-States to Protect, preserve, nurture and promote indigenous religious, spiritual, cultural, traditional and knowledge systems by suitable legislative, governance and public policy interventions. Article 253 empowers Parliament to make laws for the whole of India on any subject to implement international conventions etc.120 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 5. Amendment of sub-clause (b) of clause (2) of articles 25 and insertion of two new clauses in article 26 aims to prohibit State control and management of Hindu temples and religious institutions, and to facilitate their management by Hindu society in a democratic manner. 6. Article 26 bestows fundamental right on all religions, irrespective of majority or minority, to establish and maintain institutions for religious and charitable purposes, to manage their own affairs, and to own, acquire and administer property thereof. In a catena of judgements, the Supreme Court reiterated the same. 7. A secular State by definition cannot control and manage religious institutions that too of only one religion. However, most of the Hindu charitable and religious institutions have long been and are regularly being taiken over by the secular State Governments. This completely cripples the resource ability of Hindu communities in being self-sufficient and in presenting a unified front to address and find solutions to the religious problems of the Hindu community. 8. Despite the constitutional provisions and judicial decisions, Hindu temples are routinely taken over by the State Governments. The State control of Hindu religious institutions is doubly disadvantageous for Hindus in that they have not only lost control of their religious institutions to the Government but because of that very reason of their religious institutions beign under the control of Government their centuries-old religious customs, festivals and practices also get challenged and interfered. 9. Further, the State Government have been diverting properties of Hindu religious institutions for secular purposes without paying adequate compensation. For full enjoyment of the right guaranteed by article 26, it is necessary to ensure payment of adequate compensation, if, any property of a religious or charitable institution established or maintained by a religion or any section thereof, is acquired by the State. The Bill seeks to achieve the above objectives. Y.S. CHOWDARYSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 121 XXI BILL NO. XII OF 2021 A Bill further to amend the Dentists Act, 1948 and the National Medical Commission Act, 2019. BE it enacted by Parliament in the Seventy-Second Year of the Republic of India as follows:— 1. (1) This Act may be called the Medical Education Laws (Amendment) Act, 2021. Short title and commencement. (2) It shall come into force with immediate effect. 16 of 1948. 2. In the Dentist Act, 1948, after the proviso to section 10-D, the following shall be Amendment of inserted, namely:— section 10D.122 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— "Provided further that notwithstanding any judgment or order of any Court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate or postgraduate level conducted in accordance with any regulations made under this Act, in respect of the State Government seats, whether in Government Dental College or in a private Dental College, in the States which do not opt for the uniform entrance examination." Amendment 3. In the National Medical Commission Act, 2019 (hereinafter referred to as the principal 30 of 2019. of section 2. Act), after clause (t) of section 2, the following shall be inserted namely: "(tt) "State Government seats" shall mean and include all seats in the State Government colleges, State Universities, constituent colleges of said State Universities and medical educational institutions and includes seats surrendered by private medical educational institutions, under any arrangement, to the State Government." Amendment 4. In the principal Act, after the proviso to sub-section (3) of section 14, the following of section 14. shall be inserted, namely: "Provided further that notwithstanding anything contained in any provisions of this Act, the provisions of this section shall not apply, in relation to the National Eligibility-cum-Entrance Test, at the undergraduate level or postgraduate or super- speciality level in respect of State Government seats unless such state has opted for such National Eligibility-cum-Entrance Test." Insertion of 5. In the principal Act, after section 15, the following section shall be inserted, namely: new section 15A. Exemption "15A. (1) Notwithstanding anything contained in any provisions of this Act, from National section 15 of this Act shall not apply in relation to persons studying in undergraduate Exit Test. courses in all colleges, universities and medical institutions other than Central Government institutions in a State which has not opted for National Exit Test. (2) The Commission shall specify, by Regulations, the manner of conducting common sounselling by the designated authority for admission to the postgraduate seats in the medical institutions referred to in sub-section (1)." Amendment 6. In the principal Act, after sub-section (1) of section 33, the following section shall be of section 33. inserted, namely: "(1A). Notwithstanding anything contained in this section, all persons who have completed their undergraduate medical courses from colleges, universities and medical institutions other than Central Government institutions in States which have opted out of the National Exit Test, shall, after the completion of their undergraduate medical course, be entitled to a license to practice medicine and shall have his name and qualifications be registered on the rolls of the State or National Register, as the case may be."SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 123 STATEMENT OF OBJECTS AND REASONS Section 10-D of the Dentists Act, 1948 introduced Uniform Entrance Examination to all dental educational institutions at the undergraduate and post graduate levels. Similarly, section 14 of the National Medical Commission Act, 2019 introduced a Uniform National Eligibility-cum-Entrance Test (NEET) for entry into undergraduate and post graduate medical courses. Section 15 of this Act also introduced a National Exit Test to be taken after completion of the undergraduate medical courses, which will serve as qualification for a licence to practice medicine and registration on the National or State Register as the case may be. 2. It has been felt across the country that NEET not only gives students studying in the Central Board of Secondary Education (CBSE) schools an upper hand, but also greatly disadvantages the economically weaker sections of the society. There are three basic grounds on which NEET is opposed by the people of various States—(i) the examination completely decimates the right of the State to regulate medical education; (ii) the test is largely based on CBSE syllabus thereby placing students from other streams of education in an obvious disadvantage; and (iii) it requires extra coaching at considerable cost apart from ordinary school education and not everybody is able to afford the same. In so far as the first objection, education is a matter placed in Entry 25 of List III of Seventh Schedule to the Constitution, meaning thereby the State Legislature also has legislative competence over the field and by extension, the Executive of that State. The Dentist Act, 1948 and the National Medical Commission Act, 2019 have been enacted as per powers vested upon the Central Government under Entry 66 of List I. However, the power of the State Government in the field of admissions to the colleges by conducting examinations is available to them under Entry 25 of List III. This has been clearly enunciated by the Hon'ble Supreme Court in the case of The Modern Dental College vs. The Tamilnadu Medical Officers Association. 3. In so far as the second objection, the NEET examination is conducted by the CBSE as the nodal agency on the CBSE syllabus up to 12th standard. This means that the students who have studied in CBSE schools are at an obvious advantage when compared to the students studying in other streams of education, particularly students studying in various State Boards, that too in regional language. The common medical entrance tests cause grave hardships and untold miseries to the students who are passing out from the State Board schools. There are different State Boards across India following different syllabus and texstbooks, thus leading to different standards of education among students. Further, the students, after completing regorous examination at the 10+2 level through various examinations, either conducted at the State level by the respective State Boards or the Indian Certificate of Secondary Education (ICSE) or by the Central Board of Secondary Education (CBSE) are asked to face a common medical entrance examinations immediately after school. This places an enormous strain on them. Thus, common uniform entrance examinations for the undergraduate level does not create a level playing field for all the students as they graduate from different boards with different syllabus. 4. In so far as the third objection, the experience of the past four years shows that in order to pass or score well in the NEET examination, students have to opt for private coaching which is extra-ordinarily expensive and cannot be afforded by a common man. 5. These objections are borne out by the statistics from the last years' NEET examinations. There is a decrease of students from the State Boards who have applied for NEET-2020 when compared to NEET-2019. In fact, there has been a steady dip of candidates from the State Boards since 2016, which shows that students passed out from the State Boards are not able to afford the requisite coaching to be able to sit for NEET examination. In fact, a number of candidates who have applied are older and repeat candidates who have already taken the examination in the previous years.124 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 6. Further, though the curriculum for medical education is prescribed by the National Medical Commission, however, the medical colleges located in various States affiliated to various Universities follow their own syllabus, and text books at the under graduate level. The syllabus, subjects and textbooks prescribed by the Universities varies from State to State. Therefore, the education of students is not uniform. Consequantly, there is no possibility of conducting a uniform test for graduates of undergraduate courses across the country as the Universities which confer the degrees have different standards. 7. Therefore, it is necessary to amend section 10-D of the Dentists Act, 1948 to grant exemption to States opting out of Uniform Entrance Examination. It is also necessary to amend the National Medical Commission, Act, 2019 which provides for a National Eligibility-cum-Entrance Test under section 14 and a National Exit Test under Section 15 of the Act so as the exempt from holding NEET and EXIT test. Needless to say that exemption from these provisions is also the need of the hour for the States which do not opt for National Eligibility-cum-Entrance Test and National Exit Test. Like-wise, the requirement for the certificate of National Exit Test to register as a medical practitioner under section 33 is also required to be amended to fall in tune with new proposed provisions. The Bill seeks to achieve these objectives. P. WILSONSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 125 XXII BILL NO. XXIV OF 2020 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act shall be called the Constitution (Amendment) Act, 2020. Short title, extent and (2) It shall extend to the whole of India. commencement. (3) It shall come into force with immediate effect. 2. For article 130 of the constitution, the following article shall be substituted, namely:— Substitution of new article for article 130. “130. (1) The Supreme Court established under Clause (1) of Article 124 shall Constitution comprise of a Constitution Bench sitting at New Delhi and four Permanent Regional Bench and Permanent Benches for the northern, southern, eastern and western regions, which shall sit at Regional New Delhi, Chennai, Kolkata and Mumbai respectively. Benches of the Supreme Court. (2) The Constitution Bench at New Delhi shall hear only cases which are of Constitutional importance.126 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Explanation.—The Chief Justice of India shall have exclusive power to determine which case is to be classified as a case of Constitutional importance. (3) The four Permanent Regional Benches of the Supreme Court shall exercise the full jurisdiction of the Supreme Court of India, except over cases to be heard by the Constitution Bench. (4) The territorial jurisdiction of the Permanent Regional Benches of the Supreme Court shall be as follows:— (i) the northern Regional Bench of the Supreme Court at New Delhi shall deal with all cases, except cases to be heard by the Constitution Bench, arising out of the States of Uttar Pradesh, Uttarakhand, Rajasthan, Punjab, Haryana, Himachal Pradesh and the Union Territories of Jammu and Kashmir, Ladakh, Delhi and Chandigarh; (ii) the southern Regional Bench of the Supreme Court at Chennai shall deal with all cases, except cases to be heard by the Constitution Bench, arising out of the States of Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, Telangana and the Union Territories of Puducherry and Lakshadweep; (iii) the eastern Regional Bench of the Supreme Court at Kolkata shall deal with all cases, except cases to be heard by the Constitution Bench, arising out of the States of West Bengal, Bihar, Odisha, Jharkhand, Assam, Sikkim, Arunachal Pradesh, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Union Territory of Andaman and Nicobar Islands; and (iv) the western Regional Bench of the Supreme Court at Mumbai shall deal with all cases, except cases to be heard by the Constitution Bench, arising out of the States of Maharashtra, Madhya Pradesh, Chhattisgarh, Gujarat, Goa and Union Territory of Dadra and Nagar Haveli and Daman and Diu: Provided that the Chief Justice of India may, if in the interest of administration of justice, transfer any case pending before any Permanent Regional Bench to any other Permanent Regional Bench or the Constitution Bench: Provided further that when cases involving the same substantial question of law or the same subject matter are pending before two or more Regional Benches, the Chief Justice of India may direct that all such cases be heard by any one of the Regional Benches. (5) The Chief Justice of India shall nominate Judges of the Supreme Court to sit at the Constitution Bench and the Permanent Regional Benches. Provided that Chief Justice of India shall nominate not less than six Judges of Supreme Court in each of the Permanent Regional Benches. Provided that while nominating Judges to the Permanent Regional Benches, the Chief Justice shall give preference to Judges whose parent High Court or erstwhile place of practice or residence prior to appointment as Judge, is within the territorial jurisdiction of that Permanent Regional Bench: Provided further that nothing contained herein shall prevent the Chief Justice from nominating any Judge of the Supreme Court to the Constitution Bench or any of the Permanent Regional Benches on the basis of seniority, or if it is otherwise necessary to do so in the interest of administration of justice.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 127 (6) Upon coming into force of this article, all cases currently pending before the Supreme Court shall be forthwith distributed to the Permanent Regional Benches or the Constitution Bench as the case may be, in accordance with the provisions of this article, and in a manner to be determined by the Central Government in consultation with the Chief Justice of India.128 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Supreme Court of India currently hears all appeals from the High Courts and Tribunals across India, apart from exercising original jurisdiction and writ jurisdiction under Article 32 of the Constitution of India. When the framers of our Constitution drafted Article 108A of the Draft Constitution, which was enacted and renumbered as Article 130, their intention was that in case the capital is shifted to any place other than Delhi, or if it became necessary to have “circuit Courts or regional Benches” of the Supreme Court, there should be a provision in the Constitution to enable such a need. Article 130 therefore empowers the Chief Justice of India to establish regional benches of Supreme Court in consultation with the President for the purpose of effective delivery of justice. The framers of the Constitution, particularly Dr. B.R. Ambedkar, while debating Article 108-A of the Draft Constitution, which ultimately was enacted as Article 130, considered it appropriate to entrust the powers of establishment of Regional Benches to the Chief Justice of India. Since the enactment of our Constitution, the population of the country has grown over four times, and the docket of the Supreme Court has grown about 10,000 times. This is also because of the rapid economic and social growth of our nation. For decades now, there has been a widespread demand from various quarters for the establishment of Permanent Regional Benches of the Supreme Court. Many representations have been made from various Bar Associations and litigants from across the country. The people’s representatives in Parliament have also often raised this issue of Permanent Regional Benches of Supreme Court. The Standing Committees of Parliament recommended the setting up of Regional benches of the Supreme Court in 2004, 2005, and 2006. The Law Commission in its Report No. 229 dated 05.08.2009 to the Ministry of Law and Justice, Government of India has also emphasised the need for the establishment of “Cassation Benches” of the Supreme Court at New Delhi, Mumbai, Chennai and Kolkata. Access to justice is a fundamental right of each citizen. Dispensation of justice to all citizens is a sovereign function. The advantages of setting up Regional Benches are many fold: Presently, access to the Supreme Court is restricted to only those with the economic means to travel to Delhi and afford a lawyer in Delhi. This effectively rules out a large percentage of the population who do not have the economic means, and therefore can litigate only up to the High Court. In some cases, such as some categories of Writ Petitions, the case is heard at the first instance itself by a Division Bench of the High Court, and appeal against the same is only to the Supreme Court. Therefore, a person, who cannot afford to go to Delhi, or afford the fees of the lawyers at Delhi, which is invariably higher due to demand, is left without an appellate remedy. Therefore, litigation at the Supreme Court is increasingly becoming available only to the affluent class, and the economically weaker sections of society are deprived of access to the Apex Court. Further, setting up of regional Benches of the Supreme Court would also increase the strength of the Bench of the Supreme Court. Presently, the ratio of number of Supreme Court Judges to the population of the country and the docket of the Court is miniscule. There are only 34 Judges for a country with a population of 133 crores. Having Regional Benches would necessarily increase the Bench strength of the Supreme Court as well. This would need a separate amendment to the Supreme Court (Number of Judges) Act, 1956. One of the regular reasons for adjournment at the Supreme Court is that the counsels travel from various parts of the country for hearing and cannot make it to the hearing for various reasons. Having regional Benches and splitting cases among them with more Judges to hear them will certainly aid in the effective delivery of Justice to all sections of citizens. Further, the litigant spends a lot of money on the travel and accommodation of the lawyers. Each time a case is adjourned for want of a lawyer, it is the litigant who bears the expense. Therefore if permanent regional benches are established, it would ease the burden on the litigant.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 129 The proposed amendment divides the Supreme Court into one Constitution Bench at the capital, and four regional Benches. The Constitution Bench would hear important constitutional cases only. The discretion to classify a case as a constitutional case has been conferred on the Chief Justice of India. Generally, constitutional cases are heard and decided by a Bench of five Judges or more. Regional Benches have been empowered under this amendment to exercise the full jurisdiction of the Supreme Court in all matters other than Constitution cases. For the past seventy years, since the enactment of the Constitution, no Chief Justice has been able to exercise the power under Article 130, due to the disinclination of the full Court of the Supreme Court on occasions, due to various reasons. It is time for Parliament to hear the voice of the people, and answer their fervent cries to open the doors of justice to all sections of society. Access to Justice is not the preserve of the rich, but the right of every person in this great nation. The Bill seeks to achieve these objectives. P. WILSON130 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 2] FINANCIAL MEMORANDUM Clause 2 of the Bill provides for establishment of four Permanent Regional Benches of the Supreme Court at New Delhi, Chennai, Kolkata and Mumbai. The Bill, therefore, if enacted will involve expenditure from the Consolidated Fund of India for creation of Regional Benches of Supreme Court at Chennai, Kolkata and Mumbai which includes land cost, construction, infrastructure, staff and other expenditure. It is likely to involve an initial expenditure of rupees six hundred crores for establishment of Benches including infrastructure and annual recurring expenditure of about rupees one hundred crores from the Consolidated Fund of India. ————— P. C. MODY, Secretary-General. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MGIPMRND—1280GI—04-01-2022.