SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE2

Editorial Team In this Issue Policy engagement Executive Editor Student engagement with Policy……………………………………………………………….3 Geetha Krishna Faculty Publication Contributing Editors Aseem Prakash, The Hybrid State and Regulation Tharun Bathini of Land and Real Estate………………………………………………………………………….…7 Spriha Pandey Amit Upadhyay; Shasheej Hegde, Back to the Rough Ground of Rights: Pathways for a Managing Editors Historicisation of ‘Civil Liberties’ in India...... ………….…………………………….…7 For Legislative Briefs Drishti Vishwanath Legislative Briefs Tharun Bathini The Right of Children to Free and Compulsory Education (Second Amendment) Bill, 2017…....…………………………………...... 9 Cover Design Akhil Reddy The Citizenship (Amendment) Bill, 2016...... 12 Source: Google Images The Whistle-blowers' Protection (Amendment) Bill, 2015………………………..16 Newsletter Design Geetha Krishna The Constitution (One Hundred and Twenty Third Amendment) Bill, 2017…………………………20

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

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

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

Acknowledgement The Consumer Protection Bill, 2018………………………………………………………...32 The information and photos contained in this newsletter are produced by Ancient Monuments and Archaeological Sites Remains School of Public Policy and Governance, TISS Hyderabad Off Campus. However (Amendment) Bill, 2017…………………………………………………………………………..36 some of the information and photos may have been taken from other sources. The editorial team of the Budget Focus newsletter acknowledges all such National Health Protection Scheme; The Behemoth Plan of the Govt………..40 material.

Disclaimer Minimum Support Price…………………………………………………………………………..42 The newsletter is an attempt to disseminate the academic efforts and Parliamentary News intellectual activities of the students of the School of Public Policy and Winter Session 2017…...... 45 Governance. The views expressed in this newsletter are the authors’ own and do not reflect the views of TISS or SPPG Seminars/Workshops/ Perspective Lectures the School of Public Policy and Perspectives; December 2017 – February 2018 Series……………….……...... …48 Governance. SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE3

Policy engagement 1. Chitti Guruvulu- a community based adult education programme, and 2. Rythu Sevalo Revenue Sakha- a district Policy Evaluation: Last Mile Delivery of administration fueled move to bring revenue Public Policies services to the doorstep of farmers.

The graduate students of the School of The case study initiative by the school Public Policy and Governance were invited by the culminated in reports on 'Last Mile Delivery of District Collector of the Vizianagaram District, Public Services in Remote Regions' looking at Andhra Pradesh to conduct case studies on two institutional reasons for the success of these initiatives active in the district: programmes.

Revenue Services at the Doorstep: A Little Masters Creating New Avenues in Case Study of Rythu Sevalo Revenue Adult Literacy: A Case Study of Chitti Sakhahttp://www.tiss.edu/uploads/files/ Guruvulu – Revenue_Services_at_the_Doorsteps.pdf http://www.tiss.edu/uploads/files/Little_Mast ers_Creating_New_Avenues_for_literacy.pdf SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE4

Socio-Economic and Development Participation in Media Status of Selected Tribal Villages in Naveena TV9 Paravathipuram

Naveena, a TV9 program which takes up subjects that are taboo in the society recently aired an episode on TransVision, India's first YouTube channel with content written and directed by transgender people. TransVision's mission is to dispel stereotypes surrounding the community by providing accurate and scientific The report on “Assessment of information on socio-cultural, religious, Socio-Economic and Development Status of economic and political aspects of the community Selected Tribal Villages in Parvathipuram: Implications of Public Policy” is a culmination Kalyani and Haritha, students of of the efforts of the graduate students of School of Public Policy and Governance School of Public Policy and Governance - TISS, participated in this episode. Kalyani's Hyd. In order to interlink the theoretical intervention was related to the field work done linkage taught in classrooms with lived during her second experiential learning, a realities, the students carried out fieldwork in mandatory component of Social Conflict and five Mandals of Parvathipuram to analyse the Public Policy concentration. Aadhaar is being socio-economic conditions of the inhabitants in linked to various entitlements and it has 'Other' the region with special focus on the gender category while documents like PAN card Particularly Vulnerable Tribal Groups, namely don't have it leading to mismatch in gender Gadabas and Savaras. The report is an entry. She spoke about how this mismatch is amalgamation of brief analysis of five mandals creating hurdles for the transgender community covered during the survey, that is, Salur, in obtaining documents in desired name and Kurupam, Gummalakshmipuram, Pachipenta gender. Later in the episode, Rachana and Komarada. Each chapter ends with Mudraboyina, a noted transgender activist recommendations highlighting focus areas of spoke about the contribution of students to livelihood, education and health. script for Telugu programmes in the channel.

http://download.tiss.edu/Batch2019Experient ialLearningDecember2017.pdf https://youtu.be/V1o-kNPJD78 SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE5

Student Presents Paper at Urban ARC 2018 Presentation of Report on Annapurna Canteens Sushant Deshpande IIHS Presentation

Sushant Deshpande, student of the School of Public Policy and Governance presented his paper entitled 'Hopping on to the ‘urbanisation’ bandwagon with manual scavengers' in Waste, Technology and the City panel at Urban ARC 2018, the annual research conference of Indian Institute for Human Settlements (IIHS) on 13th January 2018.

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

The paper attempts to deal with the problems faced by manual scavengers in urban areas. He conducted research in the cities of Delhi, Mumbai and Thane focusing on the role of Urban Local Bodies (ULBs) in solving the issue of manual scavenging. The paper also throws light on the amount of technological presence currently felt by Aprajita Verma and Geetha manual scavengers and provides key areas Krishna, students of School of Public Policy where technology can be applied with the and Governance presented a case study on support of ULBs. 'Understanding the Urban Poor: A Multi- Stakeholder Perspective Study of Annapurna Canteens in Hyderabad” in an interactive session with students and faculty from Cornell University.

The case study centered on Annapurna Canteens, a scheme run by Greater Hyderabad Municipal Corporation (GHMC) offering meals at Rs. 5. It was a collaborative study by first year graduate students of the school which aimed to provide a critical account of the scheme by locating it in the current streams of public policy in the state. In addition, gaps and recommendations were discussed. SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE6

Public Policy and Data: An Initiative by the the scope of this attempt. Data Series hopes Graduate Students of SPPG to take its work to a broader audience engaged in policy making, bureaucracy and NGOs, in a comprehensible format.

The students have worked on the following series: • Amit Babu- Open Defecation and Public Sanitation in India

• Chungkham Sonny- How much does India spend on cycle rikshaw?

• Huidom Boicha Singh- Religious Given the increasing reliance on expenditures in India data-informed policy formulation, the School of Public Policy and Governance has initiated • Mehak Bhatia- Transport expenditure a publication titled School of Public Policy and Urbanization and Governance Data Series. • Nihal Ranjit- Whose right is the Right to The attempt is a first of its kind Water? A peak into numbers from the School of Public Policy and Governance and aims to be a platform where • Sneha Kuriakose-Is higher spending on the students can put forward their temptation goods a reality among preliminary attempts of understanding the India's poor? policy concerns by engaging with the empirical nuances of the sector they are • Soumyaparna Samanta- An empirical dealing with. This series aims to bring out a study on violence against women and set of data-analysis conducted by the final the Interlinkages with Women Labor year graduate students, using national and Force participation internationally known micro-data series aided by the statistical, econometrics, GIS • Syed Jaasirah Syedain- What affects tools. Higher Education in India?

This series attempts to • Vijay Pamarathi- Out- of- Pocket understand a variety of concerns across transport expenditure; Precarity for the sectors and the students also look at the urban poor possible ways of further policy explorations in the sectors dealt with through the policy • Vishal Udaykumar-Inter-state and Socio- recommendations they provide. However, Religious category wise travel for health given the nuances of the sectors that the services in India students deal with there are limitations to SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE7

Faculty Publication

1. AseemPrakash 2. Amit Upadhyay; Shasheej Hegde

'The Hybrid State and Regulation of Land and "Back to the Rough Ground of Rights: Pathways Real Estate' in Review of Development and for a Historicisation of ‘Civil Liberties’ in India" Change, Volume XXII, Number; January-June in History and Sociology of South Asia, Vol 12, 2017, pp. 173-197 Issue 1, 2018, pp. 1-15

How are neoliberal reforms in land This article is directed at development and real estate markets in Gurugram historicising the language and practice of ‘civil (India) operationalised? How are market liberties’ in India, and it does so by addressing the promoting and market-creating policies shaped specific contingencies that have marked its early and implemented in he specific land and real twentieth-century trajectory that continue to estate markets of Gurugram? In order to resonate in our historical present. Of course, the engage with these questions, this paper invokes immediate point of departure for the article is a the concept of the hybrid state, which helps us methodological fixation with what has been understand the formal and informal dynamics of termed as a ‘political approach’ to rights, whose the state’s endeavour to regulate economic limits set the terms for a more historically activities in the interest of economic growth and resonant and contextually determined approach to revenue while also adhering to path-dependent an appraisal of normative languages like rights informal socio-political norms and reshaping and civil liberties in highly charged political newer forms of informality. contexts. In thus illustrating the argument that the political approach to rights has translated into a constriction of the space of our normative languages, the effort here is also to set in perspective the pathways for a historicisation of ‘civil liberties’ in India—one sensitive to its subterranean regulatory folds that served to constitute the inner and outer limits of protest across socio-political collectivities active in the historical fields of action germane to the twentieth century India. These regulatory folds have persisted and sustain themselves well beyond the contours of the Constituent Assembly (CA) that went on to make for a republican India (although this latter point is only being hinted at within the broad ground traversed by this article).

http://journals.sagepub.com/doi/10.1177/22308 07517732489 SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE8

Legislative Briefs SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE9

Legislative Briefs The Act indicated attempts to tackle the ills which stood as barriers from The Right of Children to Free and children accessing education. One such Compulsory Education (Second Amendment) attempt maybe observed through the No Bill, 2017 Detention Policy which urges for promotion of students into the next class without external Author of the brief: Geetha Krishna examinations and no detention (See section 16, Graduate Student, SPPG 30 (1) of the RTE Act, 2009). TISS- Hyderabad Simultaneously, Act showed Time-Line of Legislation positive signs by introducing Continuous and Comprehensive Evaluation (CCE) to reduce 11- 08- 2017 Bill introduced in Lok Sabha supremacy of external examinations. The CCE guidelines were framed in line with the 22- 08- 2017 Referred to the Standing examination reforms suggested by Kothari Committee on Human Resource Commission (1964-66) after much Development deliberation and discussions. 21- 02- 2018 Committee expected to submit its report Integration of CCE component within RTE is an indication of the significance Objective: To improve learning outcomes in attached to ensuring quality of education being the elementary classes. imparted among children.

Summary Background No detention policy has been • This Bill proposes an amendment for section envisioned to ensure access to education for all 16 in the Right to Education Act 2009 i.e., no children. It has been introduced with an aim to detention policy retain students in schools and reduce dropout • Proposes a regular examination at the end of rates. class 5 and class 8 • Provision for additional instruction and re- Simultaneously, Continuous and examination within two months from the Comprehensive Evaluation (CCE) has been date of declaration of results integrated with RTE which would address both • Detention of students who fail in the re- scholastic and non-scholastic aspects of examination education, with specific teaching learning time • No holding back of any student before and assessments in grades and not marks. completing elementary education • No child to be expelled from school till The bill originates from various completion of elementary education State governments reporting undesirable consequences, arising out of the no detention Introduction policy. Bill indicates that States have reported Right to Education Act passed in lower learning levels as there is no provision 2009, envisions free and compulsory education for holding back students. for all children. SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 10

Policy Analysis and Implications Possibilities of increase in student drop outs due to demotivation arising out of the A clear distinction between idea of school education being redundant since ensuring retention of students in schools and spending more than required years of schooling improving quality of education must be to acquire basic qualification (due to detention) established prior to understanding the post which absorption into job markets is low. implications of this amendment. While amendment clearly reads No Detention Policy does not seek that schools may not expel students, but to improve quality of education, rather invests voluntary discontinuation is a possibility. itself on reducing dropout rates arising out of competition, students’ inability to integrate The Policy presumes that themselves in the conventional systems of substituting No Detention Policy would lead to education to secure required marks to move increase in quality of education. This kind of a into further classes of schooling. correlation which ignores that fact that the ability to pass any examination depends on Based on data released by District learning levels of students which is not Information System for Education (DISE), captured in a regular examination. This is the released by National University of Education annual average rate of dropouts. Planning and Administration (NUEPA), drop- out rates of children across all States in primary Recommendations/Un-addressed Concerns education, has reduced from 25.4 % in 2008-09 While this Bill is based on to 4.13% in 2014-15 indicating an impact of No suggestions from various States on No Detention Policy on dropouts. Detention Policy, following key concerns maybe looked into for achieving the objective the Bill Alternately, CCE is a mechanism to seeks to achieve. evaluate students’ capacities in a manner which allows schools and teachers to capture the Assessment of CCE in terms of structure and strengths of individual students and improve implementation must be carried out to their capacities thereafter. It short CCE is an understand the hurdles instrument to facilitate quality of education among students. Several States have adapted to There should be substantial correlation and CCE after 2012 and even post 2014 indicating causation established which can trace that quality improvement tools have not increase in quality of education by replacing completely unfolded. No Detention Policy What other measures will be taken to ensure In addition, given that many improved quality of education received , students in India are still first or second- without which scope for detention remains generation learners, learning abilities vary large. considerably and larger scope for more More clarity in the mechanism for detentions. conducting this examination at the end of Class 5 and 8 may be provided A replacement of No Detention Policy would imply the following: SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 11

References Mukherjee, D. (2011). Reducing (Lok Sabha, 2017). The Right of Out-of-School Children in India: Lessons from a Free and Compulsory Education (Second Micro Study (India, Government of India). Amendment) Bill, 2017. National University for Education Planning and https://doi.org/10.1177/00490857090400010 Administration 2 National University of Education Skill, don’t detain: on scrapping no- Planning and Administration. (2016). School detention policy. (2017, August 07). The Hindu. Education in India. New Delhi. Retrieved January 14, 2018, from (Lok Sabha, 2017). No Detention Policy. http://www.thehindu.com/opinion/editorial/s Government of India kill-dont-detain-on-scrapping-no-detention- policy/article19439937.ece SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 12

Legislative Brief Citizenship (Amendment) Bill, 2016.

The Citizenship (Amendment) Bill, 2016 Highlights of the Citizenship (Amendment) Bill, 2016 Author of the brief: Sampriti Mukherjee Graduate Student, SPPG The Citizenship (Amendment) Bill, TISS- Hyderabad 2016 focuses on three key aspects, namely: definition of illegal immigrant, citizenship by Time-Line of Legislation naturalisation and cancellation of registration of OCIs. Highlights of the Bill are: 19-07-2016 Bill introduced in Lok Sabha • This Bill seeks to amend the Citizenship Act, Due to united opposition in the 1955 so that certain minority groups will Lok Sabha, it was consequently not be treated as illegal migrants, that is: referred to a Joint Parliamentary Hindus, Sikhs, Buddhists, Jains, Parsis and Status Committee under the Chairmanship of Dr. Satyapal Christians from Afghanistan, Bangladesh Singh. Report will be submitted in and Pakistan. Parliament’s Budget session, 2018. Pending • The condition for citizenship by naturalisation has been amended so that Introduction persons belonging to the same six religions and three countries must have resided in The idea of defining citizenship India during the last 12 months and for has been arduous given that India faced an previous 6 years instead of prior influx of people during Partition and continues requirement of 11 years to handle a recurrent inflow of immigrants and refugees due to domestic instability in adjacent • The terms of Overseas Citizen of India countries. Hence, deliberating this dynamic cardholders has been modified such that idea of citizenship has been a debacle at every their registration can be cancelled if they stage, from the drafting of the Indian violate any law in force. Constitution to legislating the present citizenship and immigration laws. A comparison of the amended Bill with the earlier provisions have been made in The primary statute dealing with a table in the following page: nationality is the Citizenship Act, 1955 which lists out the terms through which citizenship can be acquired. It defines and postulates the conditions for citizenship by birth, descent, registration, naturalisation, by incorporation of territory into India as well as regulates registration of Overseas Citizen of India Cardholders (OCIs) and their rights. This Act has been sought to be amended through the SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 13

Provisions Citizenship Act, 1955 Citizenship (Amendment) Bill, 2016 Definition of Illegal migrants The Act prohibits illegal Amendment provides that the migrants from acquiring Indian following group of persons will citizenship. An illegal migrant not be treated as illegal is a foreigner who: (i) enters migrants: (i) Hindus, Sikhs, the country without valid Buddhists, Jains, Parsis and travel documents, like a Christians from Afghanistan, passport and visa, or (ii) enters Bangladesh and Pakistan (ii) the country with valid who have been exempted from documents, but stays beyond provisions (Entry into India), the permitted time period. 1920, and the Foreigners Act, 1946 by the central government.

Citizenship by naturalisation The Act allows citizenship by For people belonging to the naturalisation if the person same six religions and three must have resided in India or countries, the Bill reduces the served the central government 11 year requirement to 6 years. (i) for the 12 months immediately preceding the application for citizenship and (ii) for 11 of the 14 years preceding the 12 month period

Cancellation of registration The Act provides that the The Bill adds one more ground of OCI cardholder central government may cancel for cancelling registration that registration of OCIs if (i) if the is if the OCI has violated any OCI had registered through law in the country which is in fraud, or (ii) if within five years force. of registration, the OCI was sentenced to imprisonment for two years or more. SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 14

Analysis of the Bill Modification in cancelling OCI registration The Bill provides an extensive basis Differentiation on grounds of religion for terminating OCI registration for a range of This Bill promotes only specific violations from serious offences such as murder communities from three countries to be made to minor offences like transgressing traffic laws. eligible for Indian citizenship, without This could be problematic as cancellation of OCI elucidating on what grounds the particular registration due to minor offences could lead to minority groups were chosen. In the absence of additional hassle to the OCI staying in India. a clear rationale, it is questionable as to why other minority groups from the given countries, Points of concerns for instance Jews, Atheists, and Bahais from Principled Distance and Secularism: The Afghanistan, Bangladesh and Pakistan have provisions of the Bill are in contravention to the been excluded. idea of secularism as enshrined under the preamble. The idea of Indian secularism has It is interesting to note that this Bill been built on principled distance from religious makes no mention of Muslim migrant groups affairs, and this bill by making the religious such as Shia, Ahmediya sects and Rohingya markers in the citizenship law explicit, negates Muslims who face oppression in Pakistan and the very principle. Myanmar, respectively. This differential treatment to illegal migrants goes against Debacles of political-economy: The Bill seeks Article 14 and 15(1) of Indian Constitution to construct citizenship into an exclusionary which guarantees equality before the law as model which might lead to changing the well as prohibits discrimination on grounds of demographics of border-states. This issue has religion, race, caste, sex or place of birth to all already led to unrest in Assam as the Bill persons, be it citizens or foreigners. contravenes Assam Accord of 1985 which states that illegal migrants who had entered Assam Legal fallacies with respect to refugee law from Bangladesh after March 25, 1971 were to The Bill terms minority religious be identified and deported. people as migrants, although the correct terminology should be refugees. In several Concept of Indian citizenship: The basis of public announcements, the intent of the Bill has Indian citizenship has been through “right of been described as a need to provide shelter for the soil” (jus soli citizenship) which confers religiously victimised people whose citizenship to anyone born in its territory. fundamental rights have been jeopardised. However, this bill deviates from this conception However, this contravenes the idea of migration to emphasis on individual’s descent (jus which is but voluntary movement of people for sanguinis citizenship). The provisions of the Bill, better economic prospects. The proposed bill thus, is almost verging on an idea of selective also contradicts India’s long-standing approach religious and ethnic citizenship. to refugees, whose primary condition was that when normalcy returns, refugees would have to return to their homeland. On the contrary, the bill provides citizenship rights to particular refugees as well as eligibility for their fast- tracked citizenship. SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 15

References enship/Legislative%20Brief%20Citizenship%2 0Amendment%20Bill%202016.pdf Lok Sabha. (2016). The Citizenship (Amendment) Bill, 2016. (Bill no. 172 of 2016). Jayal, N.G. (2017, February 20). The Retrieved January 16, 2018, from 2016 Citizenship Amendment Bill consolidates http://www.prsindia.org/uploads/media/Citiz a trend towards a majoritarian and enship/Citizenship%20%28A%29%20bill,%20 exclusionary concept of Indian citizenship. The 2016.pdf Caravan. Retrieved January 15, 2018, from http://www.caravanmagazine.in/vantage/201 Government of India. (1955). The 6-citizenship-amendment-bill-majoritarian- Citizenship Act, 1955. (Bill no. 57 of 1955). exclusionary Retrieved January 16, 2018, from http://mha1.nic.in/pdfs/ic_act55.pdf Kapur, W. (2017, March 11). The trouble with India’s new citizenship bill. The Garg, L. (2016, September 21). If Diplomat. Retrieved January 16, 2018, from India wants to remain secular, the new https://thediplomat.com/2017/03/the- Citizenship Bill isn’t the way to go. The Wire. trouble-with-indias-new-citizenship-bill/ Retrieved January 15, 2018, from https://thewire.in/67272/citizenship- amendment-bill-2016/

Chaturvedi, A. (2016, September 27). Legislative Brief: The Citizenship (Amendment) Bill, 2016. PRS Legislative Research. Retrieved January 16, 2018, from http://www.prsindia.org/uploads/media/Citiz SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 16

Legislative Brief information disclosure, procedure to determine prohibited disclosures, compliance with the Official Secrets Act (OSA), 1923. The Whistle-blowers' Protection (Amendment) Bill, 2015 The introduced Bill amends the Act on a wide spectrum of public activity, as outlined in a table in Author of the brief: Aprajita Verma the following page. Graduate Student, SPPG TISS- Hyderabad

Time-Line of Legislation

11- 05- 2015 Bill introduced in Lok Sabha HIGHLIGHTS OF THE WHISTLEBLOWERS 13- 05- 2017 Passed by Lok Sabha PROTECTION ACT, 2014

Status Pending Under the Whistleblowers Protection Act, 2014, any person (i.e. a whistleblower) may Introduction make a public interest disclosure against a The individuals who blow the lid public servant before a Competent on corruption typically run the risk of Authority. Purview of the Act: Extended to offenders striking back, often fatally, as several all public servants, including ministers, attacks on whistle-blowers in our country have regulatory authorities, government highlighted. Unlike other anti-corruption employees, etc. legislations such as the Lokpal Bill or the Right to Information Act, the law on Whistle-blower  Nodal body: Central and State Protection is different as its focus is not Vigilance Commissions corruption itself but the warriors in the battle  Time frame: A 7-year time limit to against corruption. bring complaints, dating from the time The Whistle-blowers Protection the alleged corrupt practices occurred. Act, 2014 serves as an acknowledgement of the  Penalties: The Bill penalises any state’s moral obligation to protect people who, person who has disclosed the identity at great risk and peril, expose corruption and of the complainant and also prescribes wrongdoings in the system. It provide a penalties for knowingly making false statutory mechanism for receiving and complaints. inquiring into ‘public interest disclosures’  In essence, the whistleblower law against acts of corruption, wilful misuse of power, or criminal offences by public servants. attempts to balance two conflicting interests – the need to protect The Whistleblowers Protection whistleblowers as well as honest (Amendment) Bill, 2015 seeks to re-structure officials from undue harassment. the Act on three major grounds: SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 17

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

Whistleblowers Protection Act, Whistleblowers Protection 2014 (Amendment) Bill, 2015

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

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

Procedure to Not applicable. The Act does not If a disclosure falls under the determine prohibit disclosure of any abovementioned categories, it will be prohibited information. referred to a government authorised disclosures authority. The authority will take a decision on the disclosure, which will be binding.

Compliance The Act permits disclosures that The Bill reverses this to disallow with the are prohibited under the OSA. disclosures that are prohibited under the Official OSA. Secrets Act [The OSA prevents documenting or (OSA), 1923 communicating any information, etc., if it violates national security] SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 18

Policy analysis & implications The Amendment Bill seeks to remove immunity provided to whistle-blowers from prosecution Fallacies in definitions under the Official Secrets Act for disclosures, The Act and the Bill define thereby precluding genuine whistleblowers in “disclosure” as a complaint related to several scenarios. For instance, complaints corruption, any criminal offence or wilful exposing corruption in nuclear facilities or misuse of power that leads to loss to the sensitive army posts will not be inquired government or gain to the public servant. This because they contain information relating to definition is narrower that the one ‘national security’. However, it is important to recommended by the Law Commission, which consider that the country would only benefit if included ‘mal-administration’ – actions that are such wrongdoing is exposed unjust, cause undue delay or negligence, and lead to waste of public funds. This in turn Parallels drawn between RTI Act and the implies that disclosures related to unjust Whistleblowers Act actions of public officials will be excluded from According to the 2015 Bill, the rationale behind any scrutiny. the above-mentioned prohibited categories is that they have been modelled on the 10 While both legislations empower categories of information that cannot be the Vigilance Commission to issue directions to revealed under the Right to Information Act, concerned authorities in order to protect a 2005. Additionally, the Bill allows for disclosure complainant or witness, they do not elucidate under certain prohibited categories only if the on what constitutes “victimisation”. In addition information is available under the RTI Act. to this, there is no penalty against the public However, it fails to take into account scenarios servant who may be victimising the where government officials may come across complainant. For a country where cases of evidences of corruption in the course of their victimization are not just restricted to work, without requiring RTI Act to access termination of employment or setbacks in relevant information. In effect, a combination of career, and it often takes the form of assaults provisions is being used to increase the and murderous attack on the whistleblower, it administrative hassles involved in the process is inexplicable as to why the law does not define of reporting corruption in sensitive matters. or penalise victimisation. It is interesting to note that the RTI Act permits relevant public authority to disclose Inadequate safeguards for whistleblowers information that falls under the 10 categories of The 2014 Act requires every prohibited information and the Official Secrets complainant to furnish their identity. There are Act 1923, if the public interest in revealing no provisions for anonymous complaints. The information outweighs the harm done to Vigilance Commission is to protect the identity protected interests. The Act also allows a two- of a complainant; though it is not mandatory stage process to appeal against a decision to under all circumstances. The Act allows the withhold requested information. In contrast, Commission to reveal the identity to the Head the Whistleblower (Amendment) Bill 2015 of an organisation, however it does not outline does not consist of such enabling provisions, the grounds on which such identity revelation despite being modelled upon the RTI Act. may take place. The Amendment Bill is also silent on this matter. SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 19

Features of government authorised authority Recommendations not specified • A broad definition of disclosure, including The Bill states that a public interest instances of mal-administration, would disclosure that falls under any of the 10 prohibited categories of information will be address a range of torture mechanisms referred to a government authorised authority, that are routinely inflicted on people by whose decision will be binding on the matter. corrupt government departments— The Bill, however, is silent on the designation of “undue delay” being an especially popular this government authority. Under the absence one. of such provisions, the independence of this • Defining the wide array of activities that authority may be at risk in several instances, constitute victimisation in the Indian such as when the authority is junior in rank to the public servant against whom the disclosure context will go a long way in is made. strengthening the protection for whistleblowers. In sync with this, specific Limited power of Vigilance Commissions criminal penalties for physical attacks on If the inquiry conducted by the whistleblowers and civil penalties for Vigilance Commission substantiates allegation workplace retaliation should be of corruption, it shall recommend appropriate measures to the public authority. In other incorporated. words, the Competent Authority has no powers • To further the safeguards available for of prosecution — it can only recommend whistleblowers, a witness protection corrective (including any penal action) against programme to protect witnesses during concerned public officials. It can be questioned investigation and trial can be considered. as to why the law does not appoint the Lokpal • To reconsider amendments that would or Lokayukta as the ‘Competent Authority’ for fundamentally dilute the law (such as receiving and investigating disclosures as they have varying levels of prosecution powers. prohibiting disclosure on multiple grounds and compliance with OSA) and References provide an opportunity for public Government of India. (2014). The consultation to ensure a detailed Whistleblower Protection Act, 2014 (No. 17 of deliberation on several provisions of the 2014). Retrieved January 12, 2018, from law http://www.prsindia.org/uploads/media/Publ ic%20Disclosure/Whistle%20Blowers%20Prot ection%20Act,%202011.pdf Government of India. (2015). The Government of India. (2014, December 11). Whistleblower Protection (Amendment) Bill, Present Status of Whistleblowers Protection 2015 (No. 154 of 2015). Retrieved January 12, Act, 2014. Retrieved January 15, 2018, from 2018, from Press Information Bureau http://www.prsindia.org/uploads/media/Publ http://pib.nic.in/newsite/PrintRelease.aspx?re ic%20Disclosure/Brief%20Whistleblowers%2 lid=113101 0Protection%20(Amendment)%20Bill%20201 5.pdf SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 20

Legislative Brief tenure and terms of service. The Constitution (One Hundred and Twenty Third Amendment) Bill, 2017 Repeal This Bill was introduced alongside Author of the brief: Drishti Vishwanath the National Commission for Backward Classes Graduate Student, SPPG (Repeal) Bill, 2017 that seeks to repeal the TISS- Hyderabad National Commission for Backward Classes Act, 1993. The existing NCBC has limited powers and becomes redundant with the 123rd Amendment Bill coming into force. Time-Line of Legislation Socially and educationally backward classes 05- 04- 2017 Bill introduced in Lok Sabha The President may, in consultation with the Governor, specify the socially and 10- 04- 2017 Passed by Lok Sabha educationally backward classes in the various states and Union territories (Article 342-A) 11-05-2017 It was referred to the Select Committee (Chairperson: However, a law in Parliament is required in case Bhupinder Yadav) by the Rajya an amendment of the current list is required. Sabha for examination Civil court powers While enquiring and investigating Highlights of the Bill complaints, the NCBC will possess powers of a civil court, i.e. by (i) summoning and enforcing Objective: This Bill seeks to establish the attendance of people and examining them on National Commission for Backward Classes oath, (ii) requiring production of any document (NCBC) by an insertion of Article 338B in the or public record, and (iii) receiving evidence, Constitution. This Commission is to be provided and any other matter determined by the constitutional status at par with the National President. Commission for Scheduled Castes and Tribes. Context Functions In 1992, the government had It promotes affirmative action by established a National Commission for the granting the Commission authority to look into Scheduled Castes and Scheduled Tribes complaints regarding the deprivation of rights, (CSCCST) by the Constitution (Sixty-fifth safeguards for socially and educationally Amendment) Act, 1990. The objective was to backward classes, as well as recommending monitor the safeguards provided to the measures for socio-economic development of Scheduled Castes and Tribes under the these classes. Constitution or other laws. The Constitution (89th Amendment) Act, 2003 inserted a new Composition article 338A which created a new National The NCBC will consist of a Commission for Scheduled Tribes. Chairperson, Vice-Chairperson and three other members appointed by the President. The President shall lay out the rules regarding their SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 21

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

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

Hence, this bill seeks to establish the NCBC under the constitution, providing it authority to examine complaints as well as safeguard the interests of socially and educationally backward classes in a more effective manner. The National Commission of Scheduled Castes will no longer examine such matters. With the National Commission for Backward Classes Act, 1993 becoming irrelevant in this context, the Look Sabha has also passed a separate bill to repeal this Act. This shall not effect any previous operation of the Act.

Features The Bill inserts Clause (26C) under Article 366 which redefines “socially and educationally backward classes” as backward classes that are so deemed under Article 342A . It incorporates the same staff that served the NCBC and uses the same office premises, so the financial budget allocated does not show any increment.

Clause Recommendations of the Select Committee The qualifications of the members should be provided. Some members suggested that the Chairperson could be a retired Judge of the Supreme Court/ High Court, while Sub clause (2) and (3) of Article 338B states that the the Vice-Chairperson could be from the OBC minority. Commission shall consist of a Chairperson, Vice- Furthermore the amendment that followed specified that chairperson and three other members appointed under one woman member and a member from an extremely the President’s seal. backward class should be included, expanding it to five other members. Sub clause (d) of clause (5)-Article 338B, the phrase This phrase was sought to be deleted given the ‘present to the President, annually and at other such inordinate delay in laying the annual reports of different times as the Commission may deem fit, reports on the committees before the parliament. working of those safeguards’ (of socially and educationally backward classes) It was amended to “The President may with respect to any State or Union territory, and where it is a State, only with prior recommendation of the State Government and Article 342A-President’s approval for every inclusion giving due regard to such recommendation, by public into and exclusion from the Central List of Other notification, specify the socially and educationally Backward Classes backward classes which shall be deemed to be the Central List of socially and educationally backward classes in relation to that State or Union territory, as the case may be. SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 22

Keys Issues and Analysis National Commission regarding the prepared list of backward classes be binding on the • The Constitution (123rd Amendment) is a government. Otherwise, the lack of enforceable critical bill promoting affirmative action, yet power could weaken the Commission . it has reached an impasse given that two different versions have been passed in each References house of Parliament. Lok Sabha (2017). The Constitution • The amendment pertaining to reservation for (One Twenty Third Amendment) Bill, 2017.( Bill a woman and a member from a minority no. 71 of 2017. Retrieved January 17, 2018 from community has been contested on grounds of http://www.prsindia.org/uploads/media/Const creating exclusivity, and replication of itution%20123rd%20bill/Constitution%20%28 membership provisions that are present for 123rd%20Amendment%29%20Bill,%202017.p the National Commission for Scheduled df Castes (NCSC) and Tribes (NCST). Lok Sabha (2017). The National • Yet, ensuring adequate representation in a Commission for Backward Classes( Repeal) Bill, three member panel is more difficult as 2017. (Bill no.70 of 2017). Retrieved January 17, compared to a five member panel, as has 2018 from been suggested. Also, to compare with the http://www.prsindia.org/uploads/media/NCBC NCSC and NCST would be to discount for the %20%28Repeal%29%20Bill/National%20Com differing circumstances of backward classes , mission%20for%20Backward%20Classes%20 and hold a static view of the issue at hand. %28Repeal%29%20Bill,%202017.pdf • A combined reading of Article 342A and Chaturvedi. A (2017, July 25). Select 366(26c) seems to indicate that when the Committee Report Summary. Retrieved January 123rd amendment bill is passed, only the 17, 2018 from Union government can determine whether a http://www.prsindia.org/uploads/media/Const caste is socially and educationally backward itution%20123rd%20bill/Select%20CR%20Su or not. This could undermine the federal mmary- spirit and encroach on the rights of the States, %20123rd%20Constitutional%20%28A%29% as well as State Commissions. 20Bill.pdf • This will also make the Union government an Tiwary, D (2018, January 4). equal party to notify and choose OBCs for Constitutional Status for OBC Commission: Bill government jobs along with the state back in Lok Sabha, exchange halts discussion. government. The Indian Express. Retrieved January 16, 2018 from Recommendations http://indianexpress.com/article/india/obc- The complexities involved in panel-bill-back-in-lok-sabha-exchange-halts- categorizing and identifying backward classes discussion-5010682/ across the country could be met by ensuring Danial, S (2017, August state participation in order to gain insights of 2).Explainer: Government’s bill to amend OBC the local context . Thus, it is recommended that panel just got stopped by the Rajya Sabha – now consultation and due consent of the Governor what? Retrieved January 16, 2018 from be made compulsory. https://scroll.in/article/845758/explainer- governments-bill-to-amend-obc-panel-just-got- It is recommended that the advice of the stopped-by-the-rajya-sabha-now-what. SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 23

Legislative Brief such allotments for a fixed tenure or period of holding the office. The Public Premises (Eviction of If the Estate officer finds that any Unauthorised Occupants) Amendment Bill, person is an unauthorised occupant of the said 2017 residential accommodation, he can be called Author of the brief: Imlimenla Longchar within a time period of three working days to Graduate Student, SPPG justify his reasons why such eviction orders TISS- Hyderabad should not be made against him. It is only when the concerned person does not Time-Line of Legislation turn up that the estate officer can issue a notice and hang them over the door or in a noticeable 21- 07- 2017 Bill introduced in Lok Sabha place. Status Pending The Estate Officer, only after Introduction considering the case and making necessary In order to emphasise the inquiry can make an order of eviction to such unattended loopholes and cases in The Public persons. He is also given the power to use force Premises (Eviction of Unauthorised Occupants) whenever necessary, in cases when the Act 1971, the Minister of Housing and Urban unauthorised occupant refuses to evict the Affairs, Mr Narendra Singh Tomar, introduced premises. However, in cases when the person the bill in Lok Sabha occupies the public premise temporarily for less than thirty days, the Estate Officer need Background not have to follow the procedures as laid in The Public Premises (Eviction of Section 4 and 5 of the Act. Unauthorised Occupants) Act 1971 provides for eviction of unauthorised occupants in Key terms public premises. But this is not applicable to persons occupying residential Public Premise. Land, building and or areas accommodations received on licence basis. of it belonging to, taken on lease or The Amendment inserts the definition of requisitioned on behalf of any state and “residential accommodation”. It seeks to ensure Union territory Government, company, smooth and speedy eviction of unauthorised corporation, University, Institute, Board of occupants from residential accommodations and also guarantee retrieval to the new Trustee, Cantonment Board. incumbents from the unauthorised occupants without having to follow the long procedure Estate Officer. Gazette Officer of the leading to dilatory situations. Government appointed for the purpose of the Act. Highlights of the Bill The amendment bill inserts a new Unauthorised occupation. Occupation of clause with the term "residential public premise without any authority and or accommodation occupation" to refer to the occupation by any person on a public premise even after expiry of tenure for such with proper licence and an order declaring occupation. SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 24

If the unauthorised occupant of the residential situations arising out of litigation will be accommodation challenges such notice in any reduced. court in lieu for every month for his occupation of the residential accommodation he has to pay The unauthorised occupation of “damages”, for every month of his occupation of public premises has “directly infringed the right the residential area of another” as has been observed by a Supreme Court Bench led by Justice P. Sathasivam in S.D. Key Idea Bandi versus Divisional Traffic Officer (2013).

Section 4. Lays down the manner for the Estate The state machinery runs with the Officer to follow for issuing Notice to show efforts and duties met by the public officials, causes for the case against an order of eviction. bureaucrats and public representatives- with the passage of the bill the state can ensure that Section 5. Lays down the manner and it provides the necessary infrastructure to its conditions only after which the Estate Officer personnel. Infringement of other’s right due to can issue Order of Eviction to the unauthorised overstaying will be checked. occupant. Points of Concern/ Recommendations Bill Analysis Growing concerns arising out of • The Bill allows for the Estate Officer to use shortage of houses for new incumbents will be “force” where necessary for eviction. Proper met with the quick eviction power now given to definitive elaboration on the use of “force” the Estate Officer who need not have to follow should be addressed. As forcible eviction long procedural formalities. beyond reasonable limits may raise concerns with regards questions of rights. Efforts to evict an unauthorised occupant has often been met with resistance • It is uncertain how effective the payment of and years of litigation allowing them to obtain “damage charges” may prove to be an stay of the eviction order and for which there effective restrictive solution. Possibility of a was no deterrent to the occupant making an case scenario may arise where the appeal to the court. unauthorised occupant may go on to occupy the place and pay the charges while litigation Many of India’s public officials and as has been the situation, remain long political authorities in this way, have stayed overdue. back in the government accommodations even on the expiry of their tenure. This has been • Though the act primarily focuses on eviction causing raising concerns. of unauthorised occupants, it is also essential that a reference is made as to where and how The provision for payment of to accommodate the incumbent for the “damage charges” for each month of his concerned residential premised that is being occupation of the residential accommodation, is already occupied and delayed eviction. set to ensure that efficient administration of eviction is done while tabbing legislative delay. It is however uncertain to what extend dilatory SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 25

References from http://www.dailymail.co.uk/indiahome/indian Lok Sabha (2017). The Public ews/article-2357100/EVICTED-Supreme- Premises (Eviction of Unauthorised Occupants) Court-cracks-politicians-bureaucrats- Amendment Bill, 2017. (Bill No. 158 of 2017). overstaying-welcome-government-owned- Retrieved, January 12, 2018 from bungalows.html http://www.prsindia.org/uploads/media/Publi c%20Premises/Public%20Premises%20%28E HT Correspondent (2017, August viction%20of%20Unauthorised%20Occupants 1). Bill for ‘smoother’ eviction of overstaying %29%20Amendment%20Bill,%202017.pdf netas introduced in Lok Sabha. Hindustan Times. Retrieved January 19, 2018 from Government of India (1971). The http://www.hindustantimes.com/india- Public Premises (eviction of Unauthorised news/bill-for-smoother-eviction-of- Occupants) Act, 1071. (40 of 1971). Retrieved, overstaying-netas-introduced-in-lok- January 12, 2018 from sabha/story-acDcozf4YagmPQHAX2XsdO.html http://mha.nic.in/sites/upload_files/mha/files /Annexure-VI_29042017.PDF Editorial (2017, August 1). Why VIP squatters have nowhere to hide. Hindustan IANS (2017, May 17). Cabinet Times. Retrieved January 19, 2018 from changes law to evict overstaying MLAs, MPs from http://www.hindustantimes.com/editorials/w government accommodations. The Indian hy-vip-squatters-have-nowhere-to-hide/story- Express. Retrieved, January 19, 2018 from m37rtauQgFg6tCHGHiD0uJ.html http://indianexpress.com/article/india/cabine t-changes-law-to-evict-overstaying-mlas-mps- Rajagopal, K (2017, August 4)). from-government-accomodations-4660579/ Evicting unauthorised VIP occupants. The Hindu. Retrieved, January 19, 2018 from Singh, G (2013. July 5). Supreme http://www.thehindu.com/todays-paper/tp- Court cracks down on politicians for overstaying opinion/evicting-unauthorised-vip- their welcome in government-owned bungalows. occupants/article19423124.ece Mail Online India. Retrieved, January 19, 2018, SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 26

Legislative Brief case of Shayaro Bano v/s Union of India and others, wherein the Court declared the practice The Muslim Women(Protection of Rights on of triple talaq as unconstitutional. The Marriage) bill, 2017 statement of Objects and Reasons of the Bill notes that the judgement has not worked as a Author of the brief: Milan Rachel Joji deterrent in bringing down the number of Graduate Student, SPPG instances of triple talaq. TISS- Hyderabad Shayaro Bano filed a public Time-Line of Legislation interest litigation (PIL) in the apex court in 2016 seeking a ban on the practice of 28- 12- 2017 Bill introduced in Lok Sabha instantaneous divorce after her 14 year marriage ended abruptly in October 2015. It 02- 12- 2017 Passed in Lok Sabha; stalled in Rajya Sabha stated that the practice violated her fundamental right to equality and dignity. Status Pending

Highlights of the bill Objective: To protect the rights of married Muslim women; to prohibit divorce by Offence and penalty: The Bill makes pronouncing talaq and to provide for declaration of talaq a cognizable and non- matters connected therewith or incidental. bailable offence. (A cognizable offence is one for which a police officer may arrest an Introduction accused person without warrant.) A husband The Muslim Women (Protection of declaring talaq can be imprisoned for up to Rights on Marriage) bill, 2017 is popularly three years along with a fine. known as the Triple Talaq bill. The Bill makes all declaration of talaq, including in written or Allowance: A Muslim woman against whom electronic form, to be void (i.e. not enforceable talaq has been declared, is entitled to seek in law) and illegal. subsistence allowance from her husband for herself and for her dependent children. The - Instantaneous talaq or Talaq-e-Biddat is an amount of the allowance will be decided by a irrevocable form of pronouncing divorce in one First Class Magistrate. sitting by the husband. The only way he can go back to his living with his wife is by nikah Custody of minor children: A Muslim halala. Biddat is considered 'sinful' but woman against whom such talaq has been permissible in Islamic law. For the Hanafis, declared, is entitled to seek custody of her who make up more than 90% Sunnis in India, minor children. The determination of custody triple talaq is a matter of faith followed for will be made by the Magistrate. 1400 years. Ahsan and Hasan are other forms of Talaq that are revocable. Scope: It shall extend to the whole of India except Jammu and Kashmir. Background The bill has been drafted in the aftermath of the Supreme Court decision in the SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 27

Joined by at least five other women • There is a lack of clarity in the bill. On one from different parts of the country demanded side it declares talaq to be void but on the the same ban. other side it talks about subsistence allowance and custody of children after Policy Analysis and Implications talaq has been declared. The bill presumes to reduce cases • The law if implemented will take away the of wife abandonment by husbands and enforce husband of the Muslim woman and end all mutual consent to culminate in a divorce by law possibilities of reconciliation, making her and order. It proposes to instil agency in financially and socially insecure. women that was hitherto denied under this practice and make them equal stake holders no Recommendations less than their counterparts. The bill intends to arrive at gender justice keeping the spirit and The question of wife abandonment as a integrity of the constitution intact. social evil if addressed across communities will be a more effective tool to deal with the A substantial amount of women in problem at a macro level India are either homemakers or their remuneration are appropriated by their spouse As a bill very crucial for a religious making them financially dependent. The bill community, proper consultation delving into therefore gives provisions for the wife to be the question of Triple Talaq will enable in entitled to seek subsistence allowance for recognising needs of the community. herself and her dependent children. References Key Concerns (Lok Sabha, 2017) The Muslim • The lack of empirical evidence to the claim Women (Protection of Rights on Marriage) that the SC judgement has not worked as a Bill, 2017. Retrieved on 20th January from: deterrent in bringing down the number of http://www.livelaw.in/triple-talaq-bill- instances of triple talaq strikes at the passed-loksabha/ credibility of it. Khair, Tabish. (2018) A travesty of • Another area of concern is whether a civil divorce: Triple talaq has nothing to do with wrong, mainly in a marriage resorting to an religion. The Hindu. Retrieved on 22nd illegal and arbitrary form of divorce January from: necessarily lead to an act of criminal offence http://www.thehindu.com/opinion/columns with a jail term for three years. Three year /a-travesty-of-divorce/article22481652.ece jail term, besides fine also raises the issue of Rajagopal, Krishnadas. (2018) proportionality. What is triple talaq? The Hindu. Retrieved on • Adding to increased atrocities against 22nd January from: Muslim men, making the offence cognizable http://www.thehindu.com/news/national/th and non-bailable will be misused for their e-hindu-explains-triple- disadvantage. Giving power to a third person talaq/article18590970.ece to file criminal charge is a cause of concern Khanum, Arfa. (2018) Triple Talaq as it might work against the Muslim bill Demonises Muslim Men and Patronises community in a time of rising anti-Muslim Muslim Women. News 18.com. Retrieved on sentiments. 1st February from www.news18.com SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 28

Highlights of the Bill Legislative Brief • Defines transgender person as someone who is neither wholly male nor wholly The Transgender Person (Protection of female, a combination of both male or Rights) Bill, 2016 female, neither male or female. It includes persons whose sense of gender does not Author of the brief: Meenal Rawat match with the gender assigned to them at Graduate Student, SPPG birth. Trans women and trans men, person TISS- Hyderabad with intersex variation and gender queers Time-Line of Legislation comes under it.

02- 08- 2016 Bill introduced in Lok Sabha • Prohibits discrimination based on their identity in education institutions, 02- 09- 2016 Referred to Standing Committee occupation as well as healthcare services. on Social Justice and Welfare on

21-07-2017 Standing Committee Submitted • Provides mechanism for grievance report; presently pending redressal in each establishment for considering any violation of provision the Objective: Defines a transgender person, act. prohibits discrimination against them and prescribes penalties for certain offences • Issues certificate of identity to transgender person by District Magistrate Context through a process involving Chief Medical Transgender community over the Officer (CMO), District Social Welfare years has gone through various ridicules and Officer, a Psychologist, a representative of abuses. It has been pushed to all sorts of transgender community and appropriate discrimination from personal to public space. Government officer (appointed by the Giving highlights to such prejudices, the 2014 government) for the same. NALSA judgment was the first milestone judgment concerning transgender identity. It • Allows the establishment of a National grants legal recognition of gender identity for Council for Transgender for formulation male, female and third gender and provides for and evaluation of various policies and the legal and constitutional protection in legislation with respect to transgender education, healthcare and employment sectors. person and coordinate activities of It clarified that non-recognition to transgender Government and NGOs over the matter of violates their fundamental right specifically transgender. Article 14 and 21 of Indian constitution. • Specifies certain offences which include: It also challenges Section 377 of (i) compelling transgender persons to beg IPC on the grounds that; Sec 377 is used as an or forced/ bonded labor, and (ii) physical, instrument of discrimination and harassment sexual, verbal, emotional or economic against Transgender Community and states abuse. These offences will attract that transgenders, even though constitute of imprisonment between six months and two minuscule fraction are still humans and have years. rights to enjoy their human rights. SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 29

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

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

2016 Transgender Bill vs 2014 Transgender Bill

THE TRANSGENDER PERSONS THE RIGHTS OF TRANSGENDER (PROTECTION OF RIGHTS) BILL, 2016PERSONS BILL, 2014

1. Definition "transgender person" means a person "transgender person" means a who is— (A) neither wholly female nor person, whose gender does not match with the gender assigned to wholly male; or (B) a combination of that person at birth and includes female or male; or (C) neither female trans-men and trans-women women nor male; and whose sense of gender (whether or not they have does not match with the gender undergone sex reassignment surgery or hormone therapy or laser therapy assigned to that person at the time of etc.) birth, and includes trans-men and trans- women, persons with intersex variations and gender-queers.

2. Reservation in No Provisions for reservation in Provisions for reservation in education and education and employment to education and employment to employment transgender persons. transgender persons. In Primary, Secondary and Higher Educational Institutions: 2% seats reserved for transgender person Employment sector: not less than 2% of the vacancies meant to be filled by direct recruitment, for transgender persons

3. Formation of The National Council for Transgender National and State Transgender Committee Persons to perform the functions of Welfare Commission to review and formulation and evaluation of various coordinate and monitor activities of policies and legislation Government and non-governmental organization SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 30

Key Issues and Analysis This could extend the threat to transgender person’s right to enjoy their human rights. Definition The definition of transgender Usage of general Neutral term person is not in tune with other definition In certain public and personal provided by International expert bodies like setting, there is a deliberate use of male world Professional Association for Transgender pronoun to address transgender person. The Health, world Health Organization and the bill must specify usage of gender neutral American Psychological Association who pronoun while addressing transgender. doesn’t specify any biological criterion in their Key Recommendation of Standing definition. Committee:

Identity of Transgender Person a) Modification of “Transgender Person” One of the main feature of the bill definition and no Sex Reassignment is to identify transgender person as a third Surgery (SRS) or hormonal therapy gender. The procedure to do so (as identified in required to choose their identity as male the bill) is to issue a certificate of identity after or female or transgender. referring to District Screening Committee. However, this takes away individuals right to b) Proper timelines and guidelines to be self-identify their sex. It must also be noted that made along with the right to appeal in the current bill violates the NALSA judgment relation to the decisions of the Screening which upheld the transgender person’s right to Committee be specified. decide their self-identified gender c) Role of CMO (Chief Medical Officer) to be Humiliation within Family defined clearly. The Bill specifies that no transgender person shall be separated from d) Graded punishment for different offences. parents or immediate family on the grounds of the transgender status, except by a court order, Recommendations in the person’s interest. However, it fails to recognize that family members may also • To let the transgender person, self-declare threaten, disown or even assault their children their gender for all the official documents. for behaving like opposite gender. • Government can provide incentives to Rehabilitation Centre for Transgender private companies or firms to employ Person transgender person. The bill specifies that if a family is unable to take care of transgender person the • Establishment of separate transgender court can order to put the person in protection cell in government bodies, NGOs, rehabilitation Centre. However, the bill does not private companies or corporations as well notify any guidelines to be followed by as educational institutions to give them a rehabilitation center, example, building sense of security and help them earn their separate toilets or separate hostels/individual living without any fear of harassment or rooms only for transgender. discrimination. SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 31

References Report no.43, The Transgender Persons (Protection of Rights) Bill, 2016, Standing Committee on Social Justice and Lok Sabha. (2016). The Empowerment, July 21, 2017. Retrieved Transgender Persons (Protection of Rights) Bill, January 15, 2018 from 2016. (Bill no. 210 of 2016). Retrieved January http://164.100.47.193/lsscommittee/Social%2 15, 2018 from 0Justice%20&%20Empowerment/16_Social_Ju http://164.100.47.4/BillsTexts/LSBillTexts/Asi stice ntroduced/210_2016_LS_Eng.pdf Lok Sabha (2014). The Rights of All you need to know about the Transgender Persons Bill, 2014. (Bill no. XLIX Transgender Persons Bill, 2016 (2017, of 2014). Retrieved February 5, 2018 from November 30). The Hindu. Retrieved January http://164.100.47.4/BillsTexts/RSBillTexts/asi 16, 2018 from ntroduced/trangder-E.pdf http://www.thehindu.com/news/national/all- you-need-to-know-about-the-transgender- persons-bill-2016/article21226710.ece

National Legal Services Authority vs. Union of India [(2014) 5 SCC 438]; Article 21, Constitution of India Retrieved January 15, 2018 from http://www.prsindia.org/uploads/media/Tran sgender/Transgender%20rights%20case%2 0(NALSA%20vs.%20UoI).pdf SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 32

Legislative Brief the Consumer Protection Bills that were later legislated. It makes sure that unfair contract is The Consumer Protection Bill, 2018 included in that act rather than passing a new bill on it. Author of the brief: Venkata Sahiti Kompella Graduate Student, SPPG After the bill was passed in 1986, TISS- Hyderabad an attempt was made to amend the bill in 2011 which introduced the system of online complaints and rules against unfair contract Time-Line of Legislation have been passed. Nevertheless, the said amendment was lapsed as soon as the 15th Lok 05- 01- 2018 Bill introduced in Lok Sabha Sabha got dissolved. Hence, in 2015, another

Status Pending Consumer Protection Bill was introduced which replaced the 1986 act. Conversely, the Context bill was withdrawn during the winter session A consumer is a person who buys of the parliament during the financial year a certain good or avails certain services for a 2017 – 2018 and a new bill by the name of payment. The consumer protection act was Consumer protection Bill 2018 was introduced initially introduced in 1986 to make sure the and it is still in examination. complaints of consumers regarding defective Highlights of the Bill goods and deficiency in services could be addressed. Under the act, committees were set • The Bill replaces Consumer Protection Bill up by the state and central governments for 2015. The bill redefines the consumer redressal of complaints from district to rights and provides a way for consumers to national level. The act also recognised unfair complaint against goods with defects and trade practices, under which a consumer against deficiency in services would be given false information on the quality and quantity of the good or service, and • Consumer Disputes Redressal Commissions misleading advertisements as some of the are set up at District, State and National punishable offenses. levels to resolve complaints of the consumers Initially, the government had to face challenges in the implementation of the • The Bill establishes Consumer Protection act as most of the consumers were unaware pf Authority at different levels to investigate their rights. Some problems arose because the into complaints, issue notices against faulty time taken for the disposal of cases that were goods and services, and pass orders for coming up was long. Earlier, the act did not recall of goods against misleading address consumer contracts between a advertisements consumer and manufacturer that contain unfair terms. Hence, the Law Commission of • If a consumer faces an injury or loss of any India had recommended that a separate law be kind due to a good or service, the Bill gives decreed on the unfair contract terms. This is them a right to file a claim of product the major difference between the Consumer liability against the manufacturer. Protection Act passed previously in 1986 and SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 33

Key Features Unfair trade practices Unfair trade practice means a trade Complaints to be filed under the Bill practice which, for the purpose of promoting Complaints that can be filed under the sale, use or supply of any goods or for the the bill include violations under consumer provision of any service adopts any unfair rights, unfair trade practices, and false or method. The deceptive practices include (i) misleading advertisements, in cases of harm to falsely representing the goods and services are any property of consumer or on his health, in of a particular standard, quality and quantity, case of injury, unfair contract, and/or any kind (ii) falsely representing any re-built, second- of defect or deficiency in the product. The bill, hand, renovated, reconditioned or old goods as has extended itself to e-commerce sites as well. new, (iii) representing false sponsorships, Hence, unfair trade practices in ecommerce will approvals, performance, uses or benefits which be reduced and the government will protect goods do not have, (iv) making misleading and promote consumer rights. representations concerning the need for any goods or services, (v) gives warranty/guarantee Product Liability of a good without any proper test thereof. Any person can claim of product liability of a manufacturer if there has been any Penalties kind of loss in their health, property damage, Any manufacturer/service injury/death. A product manufacturer shall be provider who causes a false or misleading liable in a product liability if (a) there is a advertisement to be made which is prejudicial manufacturing defect in product, (b) defective to the interest of consumers shall be punished design of the product, (c) deviations from with imprisonment for a term which may manufacturing specifications, (d) the product extend to two years and a fine which may does not conform to the express warranty, € the extend to ten lakh rupees. If a manufacturer is product fails to continue adequate instructions found to be adulterating, eve if the consumer of correct usage to prevent any harm or any has not been injured, will be imprisoned for a warning regarding improper or incorrect usage. term which may extend to six months and with fine which may extend to one lakh rupees. In Unfair Contract the cases with adulteration causing injury but Unfair contract between a not grievous hurt to the consumer, with manufacturer/trader/service provider and a imprisonment for a term which may extend to consumer, having such terms which cause one year and with fine which may extend to significant change in the rights of such three lakh rupees. consumer. It includes (i) giving excessive security deposits for the performance of In cases where consumer is contractual obligations, (ii) imposing penalty grievously hurt, the imprisonment may extend on consumer for breach of contract, (iii) to seven years with fine being extended to five refusing early repayment of debts, (iv) entitling lakh rupees. In case of the death of the a party to the contract to terminate such consumer, the imprisonment shall not be less contract unilaterally, without any reasonable than seven years and may extend to cause, (v) imposing on the consumer any imprisonment for life and with fine which shall reasonable charge, obligation or condition not be less than ten lakhs. which puts such consumer to disadvantage. SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE2|PAGE 34

Authorities established under the Bill Body Composition Functions and Powers Consumer Central: The minister in charge of consumer Central: To render service on Protection affairs who shall be the chair person, such promotion and protection of Councils number of official and on-official members consumer rights under this Act. (Advisory Body) representing such interests as prescribed. State: To render service on promotion State: The minister in charge of consumer and protection of consumer rights affairs who shall be the chair person, such under this Act within the State number of official and non-official members District: To render advice on as prescribed, such number of official and promotion and protection of non-official members, not exceeding ten, as consumer rights within the District nominated by Central Government District: The Collector of the district who shall be the chai person, such number of official and non-official members as prescribed

Central Chief Commissioner and such number of To regulate matters relating to Consumer other commissioners as may be prescribed, to violation of rights of consumers, Protection be appointed by the Central Government unfair trade practices and false or Authority misleading advertisements which are (Regulator) prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers. Consumer Central: A president, not less than four and Central: Value of goods or services Disputes not more than such number of members as paid exceeds rupees ten crores, Redressal may be prescribed complaints against unfair contracts, Commission State: A president, not less than four or not appeals against orders of State (Quasi-Judicial more than such number of members as may Commissions, appeals against orders Body) be prescribed by Central Government of the Central Authority District: A President, two or not more than State: Complaints where the value of any such members as prescribed by central the goods or services exceeds one Government crore but does not exceed ten crore rupees. Complaints against unfair contracts can also be made District: Jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed one crore rupees Consumer A list of empanelled mediators Pursuant to mediation if an Mediation agreement is reached between the Cells two parties involved, the Cell will (Mediator) produce a written agreement between both the parties SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 35

Key Issues Even in cases of harm or death, the This bill, like any other has some consumer or the consumer’s confidante or their very pressing issues though the government lawyer has to keep fighting the case until the has tried its level best to control all kinds of good or service is proved to be fatal. fraudulent activities. One of the major loophole in the proposed Consumer Protection Bill 2018, Though this system is prevalent all is that the bill states that no endorser of the over the world, it gives edge to manufacturers product will be liable to a penalty if the person as their product will keep selling until and has exercised due diligence to verify the claims. unless the consumer proves it problematic and in some cases the consumer may not have the Such a provision could act as a time, energy or the resources to do so. regulatory loophole giving a way out for celebrities endorsing certain goods and References services. What is disappointing is that the provision for the endorsers to find a way out Lok Sabha. (2016). The Consumer even if the penalties have been prior decided. Protection Bill, 2018. (Bill No. 1 of 2018). Retrieved form The bill also does little to lessen the http://164.100.47.4/BillsTexts/LSBillTexts/Asi burden on the consumers who complaint ntroduced/1_2018_LS_Eng.pdf Accessed on 14 against certain goods and services. This is January 2018. because of the fact that the bill, states that the consumer is supposed to prove the manufacturer guilty and have to prove the product bad, which generally takes up 12 – 36 months of time and in this due course there is always a risk of more people being affected by the said product. SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 36

Legislative Brief in different parts of the country—an elevated road near Akbar’s Tomb, Agra; a 112 year-old Ancient Monuments and Archaeological Sites bridge in Kolhapur; Metro Rail construction in Remains (Amendment) Bill, 2017 Kolkata and Pune; and erection of a bridge on Yamuna. (Parliament of India, 2018) Author of the brief: Naina Seth Graduate Student, SPPG What are ancient monuments? TISS- Hyderabad The aforementioned 1958 Act Time-Line of Legislation defined them as …any structure, erection or monument, or any tumulus or place of 18- 07- 2017 Bill introduced in Lok Sabha interment, or any cave, rock-sculpture, inscription or monolith which is of historical, 02-01-2018 Passed in Lok Sabha archaeological or artistic interest and which has been in existence for not less than 100 Background years… (1958, p. 4) The Principal Act came into being in 1958 for (a) the preservation of ancient and What are archaeological site and remains? historical monuments and sites (b) for the They mean any area which regulation of archaeological excavations and contains or is reasonably believed to contain (c) for the protection of sculptures, carvings ruins or relics of historical or archaeological etc. importance which have been in existence for not less than one hundred years. (Ibid, 1958, Because of concerns regarding p. 5). The amended Bill will allow the Central illegal constructions and ‘encroachments’ Government to undertake “public works”— (Chavan, 2017), the Act was accordingly infrastructure construction work for “public amended in 2010 to include the purposes”—activities in the prohibited area abovementioned buffer zones (Kurian zone of these monuments, when no other Abraham, 2018)—prohibited and regulated viable alternative beyond such limits is found. areas—around the protected monuments or (2017) areas. This prevented any kind of construction, including public works or in public interest What are prohibited and restricted areas? [see 20A (4), AMASR Act, 1958], in the Prohibited Area: Area within prohibited area. Repairs or renovation in such the 100m radius of the protected site areas and beyond along with any construction Regulated Area: The 200m area extending work in the regulated zone required clearance beyond the prohibited area of the protected by the “competent authority”—a (team of) civil site. servant appointed by the Government of India Therefore, this amendment (GoI). A National Monuments Authroity (NMA) allows construction within the 100m zone too was created to oversee the competent which is deemed “necessary for the safety and authority’s work. security of the public at large.” (Ibid, 2017) The Principal Act’s sub-section 4, clause 20A The latest amendment was had negated such a permission. brought forth to resolve 5 construction issues SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 37

Apart from validating ‘public • reportedly, 24 monuments under the ASI are works’ in prohibited areas, the amendment lists “missing” and 321 are currently encroached the procedure for verifying whether a proposed upon. This amendment could lead to taking construction falls in the ambit of public works, up of the sites’ space but legally; and permission seeking and necessitates the • the bias towards clearing projects in “greater archaeological, visual and heritage impact public interest” because of the inherent assessment of the same. (2017, p. 2) (PRS India, conflict between there “being no other viable 2018) alternative” to carrying out the public works vis-à-vis imminent dangers to the site. Concerns

The amended Bill greatly weakens Points to take into consideration Article 49 of the Indian Constitution whereby the State is obligated “to protect every • A need to reassess the competence of the monument or place or object of artistic or NMA to evaluate and assess the impact of historic interests, declared by or under law intended public works in prohibited areas made by Parliament to be of national importance, from spoliation, disfigurement, • The above assessment should be clearly destruction, removal, disposal or export, as the able to identify the “safety and security” case may be.” concerns to the public to ensure that the projects are not any development projects The East-West Kolkata Metro cloaked as projects in the name of public Project got stalled earlier last year because its interest. route was falling under the 100m radius of 3 heritage structures. Calcutta High Court, then, called for a further amendment to the 2010 Bill References for allowing work in prohibited areas in “greater public interest.” (Parliament of India, Alam, M. (2018, January 13). 2018) Wilting Beauty: The Sad State of Mehrauli’s Monuments. Retrieved January 20, 2018, from Although, the amendment defines The Quint: public works as projects necessary to eliminate https://www.thequint.com/photos/monument danger to the public’s safety or security, the s-withering-away-in-delhi-mehrauli broadness of the definition could lead to misuse by the Centre of the path so created. Chavan, V. (2017, July 15). Hurting Heritage. The Indian Express. Retrieved January The above concern is exacerbated 20, 2018, from by the following facts (Kurian Abraham, 2018): http://indianexpress.com/article/opinion/colu • the Centre’s decision shall be final as to mns/hurting-heritage-amendments-to-the- whether a project is public works, after monuments-act-threaten-historical-structures- referring it to the NMA; ancient-monuments-and-archaeological-sites- • the NMA is severely understaffed, does not and-remains-amasr-act-4751098 have institutional autonomy and the expertise to make impact assessments; SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 38

Constitution of India. (n.d.). Article PRS India. (2018, January). The 49 in The Constitution Of India 1949. Retrieved Ancient Monuments and Archaeological Sites from Indian Kanoon: and Remains (Amendment) Bill, 2017. Retrieved https://indiankanoon.org/doc/9107/ December 31, 2017, from PRS India: http://www.prsindia.org/billtrack/the- Kurian Abraham, A. (2018, January ancient-monuments-and-archaeological-sites- 12). The Monumental Mistake of Compromising and-remains-amendment-bill-2017-4822/ Our Monuments. Retrieved January 20, 2018, from The Wire: (2017). The Ancient Monuments https://thewire.in/212989/monumental- and Archaeological Sites and Remains mistake-compromising-monuments/ (Amendment) Bill, 2017. New Delhi. Retrieved January 20, 2018 Parliament of India. (2018). Lok Sabha Proceedings. New Delhi. Retrieved (1958). The Ancient Monuments January 20, 2018, from and Archaeological Sites and Remains Act, 1958. https://www.youtube.com/watch?v=j_056Fov Retrieved January 20, 2018, from MFM http://lawmin.nic.in/ld/P-ACT/1958/A1958- 24.pdf Parliament of India. (2018). Lok Sabha Proceedings. New Delhi. Retrieved from https://www.youtube.com/watch?v=OZRckg0 mszk SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 39

Budget Focus 2018-19 SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 40

Budget Focus non-communicable diseases, ENT, diabetes, hypertension, mental health, dental care and National Health Protection Scheme; the terminal illnesses likes oral cancer and breast Behemoth Plan of the Govt. cancer. Authors of the brief: Manasi Bhallamudi, Madhuri Bhatt • The government’s estimated premium for insuring each beneficiary family, according to Introduction the NITI Aayog, is between 1,000-1,200 rupees. This funding will be shared between The Finance Minister Arun Jaitley in the Centre and the states. his budget speech said that India was launching “the world’s largest government-funded • The Government will invite bids from healthcare programme”. He called it the National insurance companies to cover the financial Health Protection Scheme or the NHPS. Jaitley aspect of this scheme wherein the companies said that the NHPS will “cover 10 crore families will collaborate with healthcare institutions. or around 50 crore people” from financially vulnerable households which is 41.3% of the • A national Health agency will be established total population. to look into the implementation of the scheme at the state level. It is basically a health insurance scheme to provide a cover of up to ₹5 lakhs per Main Points family annually for treatment in secondary and tertiary healthcare. The implementation will • The scheme is expected to motivate the most likely be left to the states. The government, private sector to enter in the rural and in this budget, allocated about ₹2000 crore for backward areas. the scheme. The need for the scheme arises as according to the Finance Minister, “India cannot • One of the questions that have been raised realize its demographic dividend without its after the announcement of this mega plan is citizens being healthy.” whether the country has the required infrastructure to buttress the scheme. The Scheme • The NITI Aayog aims to launch this scheme • Similar schemes such as Aarogyasri in nd on the 72 Independence Day with Gandhi Andhra Pradesh, Deen Dayal Swasthya Seva Jayanti being the deadline for its formal Yojana in Goa, Bhamashah Swasthya Bima launch. However, the rollout is estimated to Yojana in Rajasthan among others exist at take about one and a half years depending on the state level. There is no clarity as to what how the states implement the scheme. more this central scheme will offer than what some states are already providing. • The beneficiaries will be identified according to the socio-economic caste census of 2011. • As the complete details of the scheme are yet to be formulated, it will take time to • 1.5 lakh health and wellness centers will have evaluate how the scheme will work. maternal and childcare facilities apart from other facilities which include geriatric care, SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 41

References 2018- arun-jaitleys- modicare-health- scheme- is-music-to- the-ears- of-50- crore-indians- but- Jaitley, Arun. (2018). Speech of its- too-good- to-be- real-4332001.html Arun Jaitley, Minister of Finance. Budget 2018- 2019. Kalra, Aditya. (2018, February 02). Retrieved from India’s ‘Modicare’ to cost about $1.7 billion a http://www.indiabudget.gov.in/ub2018- year: sources. Reuters. Retrieved from 19/bs/bs.pdf https://in.reuters.com/article/india- health/indias- modicare- Abraham, Rohan. (2018, February to-cost- about-1- 7-billion- a-year- sources- 02). What is ‘Modicare’ and how will affect you? idINKBN1FM0FA The Hindu. Retrieved from Gupta and Dandekar. (2018, http://www.thehindu.com/business/budget/w February 01). Health insurance cover for 10 hat-is- modicare-and- crore, but the how-will- it-affect- you/article22635372.ece numbers do not add up. The Economic Times. Retreived from Unnikrishnan, Dinesh. (2018, https://economictimes.indiatimes.com/wealth February 02). Budget 2018: Jaitley’s ‘Modicare’ /insure/health-insurance- cover-for- 10-crore- health scheme music to the ears of 50 crore but-the-numbers-do-not-add- Indian, but it’s too good to be real. Firstpost. up/articleshow/62744914.cms Retrieved from http://www.firstpost.com/business/budget- SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 42

Budget Focus There exist three ways of calculating the production costs set by Commission for Minimum Support Price Agricultural Costs Author of the brief: Geetha Krishna Saraswatula i. A2- Actual paid out cost ii. A2+FL- Actual paid out cost plus imputed Introduction value of family labour iii. C2- which is more comprehensive than other The Union Budget of India 2018-19, two measures to include all cost including unfolded with many announcements of which, imputed rent and interest on owned land and declaration on the Minimum Support Price capital. (MSP) of Agricultural crops is a crucial one. MSP stands as an aspect in India’s Agricultural Policy. The budget document only Following is a brief analysis of the MSP mentions that a fool-proof mechanism would be provision in budget 2018-19. developed by the NITI Aayog in consultation with Central and State governments. The extent Objective: Double the income of farmers of MSP would have more clarity if the basis on which the MSP is calculated, i.e, the production Measures to achieve objective costs are mentioned. The real increase in MSP • MSP for all the Rabi crops would now be can only be calculated post the declaration of set at least one and half times the cost this institutional mechanism. involved • All the unannounced crops of Kharif A second concern is the lack of would also receive an MSP of one and half specific budgetary provision set aside for times the production costs. implementation of the increased MSP. There is no mention of how much increase in total To achieve this, the Finance budget outlay that the government envisages Ministry has announced that a mechanism will with the new MSP in place and the budgetary be developed by NITI Ayog, in consultation with allocations for the same. Central and State Governments to ensure the efficient implementation of and that farmers Further, MSP over the decades has receive satisfactory prices for their crop. been in parallel existence with continued farmers’ distress giving out a cry for Policy Analysis investigation into the working of MSP. According While the move to increase MSPs is to the data of Department of Agriculture, laudable, several un-resolved concerns arise procurement under MSP has been considerably from the above measures regarding MSP in its low with several States also facing severe current shape. financial constraints for procurement, thereby limiting the MSP to paper. A re-framing of MSPs There has not been any must also critically look into the functioning of announcement yet regarding the mechanisms of MSP over the years to determine its further calculating the cost of production based on course of action, which is currently absent in the which the MSP of 1.5 times would be calculated. Budget documents. SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 43

Kaul, Sanjay. (2018, February 02). Who picks the tab for higher MSP. The Hindu. Recommendations Retrieved from: http://www.thehindubusinessline.com/econo • There should be clarity on time-lines my/budget/budget-2018-who-picks-the-tab- regarding when the fool poof for-higher-msp/article22637146.ece on 03-02- mechanism would be developed and by 2018 when would it come into existence. Damodaran, Harish. (2018, • Specific budgetary provisions for February 02). Union Budget 2018: Assurance providing MSP at declared rates should on MSP but for govt, rural is more about be stated to establish further clarity on infrastructure than agriculture. Retrieved from: the implementation of the scheme http://indianexpress.com/article/business/bu dget/union-budget-2018-arun-jaitley-farmers- • Investigation into the functioning of infrastructure-agriculture-minimum-support- MSP over years to assess the exact price-5048583/ on 03-02-2018 measures to make MSP efficient and effective. Bera, Sayantan. (2018, February 02). Budget 2018 on Agriculture: Can new MSP prop up rural economy? Retrieved from: References http://www.livemint.com/Politics/zz7NOxslQR 3F3EV1tjTt3I/Budget-2018-promises-to-fix- Jaitley, Arun. (2018). Speech of crop-support-prices-at-50-over.html on 03-02- Arun Jaitley, Minister of Finance. Budget 2018- 2018 2019. Retrieved from http://www.indiabudget.gov.in/ub2018- 19/bs/bs.pdf on 03-02-2018 SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 44

Parliamentary News Winter Session 2017-2018

Source: Google Images SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 45

Parliamentary News Winter Session 2017 The Winter Session of the was held on Natural calamities in various parts Parliament commenced on Friday, 15th of of the country with special reference to cyclone December, 2017 and concluded on Friday, 5th Ockhi in South India. of January, 2018. In the Rajya Sabha, two Short The session provided 13 sittings Duration Discussions under Rule 176 were spread over a period of 22 days. The held on productivity of the Lok Sabha was 91.58% and i. Excessively high levels of air pollution in that of the Rajya Sabha was 56.29%. Delhi; ii. State of economy, investment climate and During the period, 14 bills in the job creation in the country and the need to Lok Sabha were introduced. The Lok Sabha address the challenge of rising passed unemployment. 13 bills whereas the Rajya Sabha passed 9 bills in the session. 13 bills were passed by both Below are the list of bills and their current houses of the Parliament. In the Lok Sabha, one status: Short Duration Discussion, under Rule 193, Bill Objective Status

The National Council The Bill amends the National Council for Teacher Education Introduced in for Teacher Education Act, 1993. The Bill seeks to grant retrospective recognition to Lok Sabha. (Amendment) Bill, certain institutions. The Bill also seeks to grant retrospective 2017 permission to start a new course or training in teacher education to certain institutions.

The Payment of The Bill seeks to amend the Payment of Gratuity Act, 1972. Introduced in Gratuity (Amendment) The 2017 Bill empowers the central government to (i) notify Lok Sabha. Bill, 2017 the period of maternity leave eligible for qualifying as continuous service; and (ii) determine the amount of gratuity available to employees. The Representation of The Bill seeks to amend the Representation of People Act, Introduced in the People 1950 and the Representation of People Act, 1951 to allow for Lok Sabha. (Amendment) Bill, proxy voting and to make certain provisions of the Acts 2017 gender-neutral. Continued…

Note:-

Following sources were used to write the summaries of various bills mentioned above : Websites of Lok Sabha, Rajya Sabha, Press Information Bureau, Bill Track - PRS Legislative Research. News sources- The Hindu, The Indian Express and Livemint. SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 46

Bill Objective Status

The Dentists The Bill amends the Dentists Act, 1948. The Act regulates Introduced in (Amendment) Bill, the profession of dentistry. A register of dentists is Lok Sabha. 2017 maintained under the Act in two parts, Part A and Part B. The Bill seeks to remove the mandatory requirement of the representation of dentists registered in Part B in these Councils.

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

The High Court and the The Bill seeks to amend (i) the High Court Judges (Salaries Passed by Lok Supreme Court Judges and Conditions of Service) Act, 1954; and (ii) the Supreme Sabha; (Salaries and Court Judges (Salaries and Conditions of Service) Act, Passed by Conditions of Service) 1958. These Acts regulate the salaries and conditions of Rajya Sabha. Amendment Bill, 2017 service of the judges of the High Courts and the Supreme Court.

The Specific Relief The Bill seeks to amend the Specific Relief Act, 1963. The Bill Introduced in (Amendment) Bill, gives an affected party (i.e. a party whose contract has not Lok Sabha. 2017 been performed by the other party) the option to arrange for performance of the contract by a third party or by his own agency (substituted performance).

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

The National Capital The Bill seeks to amend the National Capital Territory of Passed by Lok Territory of Delhi Laws Delhi Laws (Special Provisions) Second Act, 2011. The Bill Sabha. (Special Provisions) deletes the provisions and references related to the Second (Amendment) regulation and protection of street vendors. Bill, 2017 SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 47

Bill Objective Status

The Muslim Women The Bill makes all declaration of talaq, including in written or Passed by Lok (Protection of Rights electronic form, to be void (i.e. not enforceable in law) and Sabha. on Marriage) Bill, 2017 illegal. The Bill makes declaration of talaq a cognizable and non-bailable offence.

The Insolvency and The Bill prohibits certain persons from submitting a Passed by Lok Bankruptcy Code resolution plan in case of defaults. Further, it bars the sale of Sabha; (Amendment) Bill, property of a defaulter to such persons during liquidation. Passed by 2017 Rajya Sabha.

The National Medical The Bill seeks to repeal the Indian Medical Council Act, 1956 Introduced in Commission Bill, 2017 and provide for a medical education system . The Bill sets up Lok Sabha. the National Medical Commission (NMC). Within three years of the passage of the Bill, state governments will establish State Medical Councils at the state level.

The Negotiable It seeks to amend the Negotiable Instruments Act, Introduced in Instruments 1881. : The Bill inserts a provision allowing a court trying an Lok Sabha. (Amendment) Bill, offence related to cheque bouncing, to direct the drawer 2017 (person who writes the cheque) to pay interim compensation to the complainant.

The Consumer The Bill replaces the Consumer Protection Act, 1986. Six Introduced in Protection Bill, 2018 consumer rights have been defined in the Bill. Lok Sabha.

The New Delhi New Delhi International Arbitration Centre (NDIAC): The Introduced in International Bill seeks to provide for the establishment of the NDIAC to Lok Sabha. Arbitration Centre Bill, conduct arbitration, mediation, and conciliation 2018 proceedings. The Bill declares the NDIAC as an institution of national importance.

The Consumer Replaces the 1986 Act. Provides for redressal of consumer Withdrawn Protection Bill, 2015 complaints, recall of goods, action against misleading advertisements, and product liability claims SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 48

Perspectives Perspectives is a weekly open lecture series at the School of Public Policy and Governance. This student led initiative invites eminent academicians and development practitioners to share their critical insights on topical themes of social and policy relevance.

Perspectives December 2017- February 2018 Series

Tales from Life Managing Marriages through 'Self- Improvement': Women and 'New Mr. Narendra Luther Age' Spiritualities in Delhi Former Chief Secretary of the State of united Andhra Pradesh Dr. Ujithra Ponniah Assistant Professor in the School of Gender Studies, TISS Hyderabad

New Migrant Question: Exploitative Accumulation by Segregation: Forms of Transit Labour in Three Muslim Localities in Delhi Regions of Andhra Pradesh

Dr. Purendra Prasad Dr. Ghazala Jamil Professor at the Department of Assistant Professor at the Centre for Sociology, University of Hyderabad the Study of Law and Governance, JNU, New Delhi SCHOOL OF PUBLIC POLICY AND GOVERNANCE FEBRUARY 2018, ISSUE1|PAGE 49

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