RAJYA SABHA ______SYNOPSIS OF DEBATE ______(Proceedings other than Questions and Answers) ______Friday, April 07, 2017/ Chaitra 17, 1939 (Saka) ______MATTERS RAISED WITH THE PERMISSION OF THE CHAIR 1. Move to amend the RTI Rules SHRI T.K. RANGARAJAN: I rise to oppose the move of the Government of India to make retrograde amendments in the Right to Information Rules, 2012 vide DoPT circular dated 31st March, 2017. These amendments aim at drastically weakening the right to information of the people. The proposed amendment in Section 12, sub-Section 2 says that the proceedings pending before the Commission shall abate on the death of appellant. In 2017 only, there have been more than 375 recorded cases of attacks and assaults on RTI activists and of these 375 cases, 56 are murders. In such a horrible background, the provision of abatement of the proceedings on the death of the appellant would act as an allurement to hidden criminals to eliminate the concerned RTI activists. (Shri K.K. Ragesh, Shri C.P. Narayanan and Shri Ritabrata Banerjee associated.)

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2. Delay in the Progress of Highway Projects in Punjab SHRI SHWAIT MALIK: Today, country is witnessing a revolution in the sector of road construction. Amritsar is a historical city and thousands of people from all over the world visit this city daily. I urge upon the Government to convert the four lane road from Dhilwan, near Beas to Amritsar into a six lane road as the stretch from Delhi to Dhilwan has already been converted into six lane. I am grateful to Shri Nitin Gadkari ji for announcing a new express highway from Amritsar to Delhi via Moga and Jind. It would reduce the distance between Amritsar and Delhi by 130 Kilometers. Efforts should be made to start the work on the said express highway at the earliest. (Shri Naresh Gujral, Sardar Sukhdev Singh Dhindsa, Sardar Balwinder Singh Bhunder and Shri Om Prakash Mathur associated.) 3. Waiver of Loans to Farmers in the Country SHRI REWATI RAMAN SINGH: The condition of the farmers in India is getting bad to worse for the last 70 year and farmers are committing suicides through out the country. The promise made by the BJP during the Lok Sabha elections regarding the increase of MSP, has not been fulfilled. All types of loans of the farmers should be waived off. When the Government can waive off loans of the rich persons then why the loans of the farmers could not be waived off? Only the crop loan of the farmers in Uttar Pradesh has been waived off. Their term-loans, tractor-loans etc. have not been waived off. The Government should come up with a statement in this regard. (Several Hon’ble Members associated.) 4. Need for Repatriation of Tribals Sheltered in Tripura to Mizoram SHRIMATI JHARNA DAS BAIDYA: There were several initiatives to repatriate the refugees from Tripura to Mizoram but those failed due to lack of proper political will of both the Central and the State Governments. About 35,000 Reang tribals are sheltered in 418 seven camps located in North Tripura for 19 years. About 5,000 Reang tribal refugees have returned to their homes in the past three- and-a-half years. A permanent solution to this ethnic issue is needed so they can enjoy a better life. I also demand economic settlement of the refugees after their repatriation. (Shri K.K. Ragesh and Shri K. Somaprasad associated.) 5. Misuse of Unlawful Activities (Prevention) Act on Women, Religions Minorities and Tribals SHRI RITABRATA BANERJEE: I want to raise the issue of the misuse of the sedition and anti-terror laws like UAPA against human right activists, tribals, women and religious minorities. In several cases, like incidents of Malegaon, Ajmer Dargah, Samjhauta Express etc. no harsh words were used by the Judiciary and several accused have been acquitted. Yesterday, in West Bengal, we have seen how the organizations have used open arms to take possessions of a part of land. The State Government imposed UAPA against 36 villagers mostly belonging to the religious minority group and fifteen people were detained. But, nobody was arrested for the killing of the unarmed and innocent villagers. (Several Hon’ble Members associated.) 6. Lack of Efficient Service in Passport Seva Kendras SHRI VIVEK GUPTA: It is shocking to know that almost 28 lakh passports are undelivered and there is no status shown in the dashboard of the Ministry. Sixty two lakh passports are showing as pending. Thirty five per cent of police verification is taking more than 180 days. It is taking more than 71 days to process a passport. I would urge upon the hon. External Affairs Minister to look into the matter, order some inquiry and find some solution so that people get some relief. Two lakh passports have been received with delay and no compensation has been given. Steps should be taken by the Government to augment the capacity of Passport Kendras. (Shri Ranvijay Singh Judev associated.)

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7. Assistance to West Bengal to fight against the Wheat Blast Disease SHRI AHAMED HASSAN: A deadly fungus for wheat crop is severely affecting the wheat cultivation in two districts of West Bengal, namely, Nadia and Murshidabad. At least, 1,000 hectares of wheat cultivation has already been burnt to stop this infection and dangerous disease called, Wheat Blast. The Government of West Bengal is providing compensation to the affected farmers as far as possible. Measures should be taken by the Central Government so that the disease does not spread to other parts of the country. The Central Government should also provide adequate funds to the affected farmers of West Bengal whose crops were burnt. (Shri Vivek Gupta and Ms. Dola Sen associated.) 8. Meager Payment of Salaries to the Teachers in Coal India Limited SHRI ALI ANWAR ANSARI: In this era of inflation only 5 thousand to 7 thousand per month salary is being paid by the Coal India Limited to almost 4,000 teacher of the company. Other facilities are also not being given to them. This amount is even less than the minimum wages decided by the Government. Coal India Limited is having the annual budget of 38 crore rupees for education, out of which only 6 thousand crore rupees are paid to these teachers and rest of the fund is transferred to certain private schools operating in this area. It should be ensured by the Government that these teachers also get the salary equal to the salary being paid to the teachers of other public sector companies. (Several Hon’ble Members associated.) ______

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GOVERNMENT BILL The Seamen’s Provident Fund (Amendment) Bill, 2007 The Bill was, by leave of the House, withdrawn. ______PRIVATE MAMBERS' BILLS The following Bills were introduced: 1. The Arsenic Contamination (Prevention) Bill, 2017 2. The Constitution (Amendment) Bill, 2017 (Amendment of articles 83 and 172) 3. The Domestic Workers (Regulation of Work and Social Security) Bill, 2017 4. The Constitution (Amendment) Bill, 2017 (Insertion of new articles 330A, 330B, 332A and 332B). The Protection of Children from Sexual Offences (Amendment) Bill, 2016 – Contd. DR. SUBRAMANIAN SWAMY, continuing his unfinished speech dated 24.03.2017, said: The Section 19 of this Act has been wrongly drafted and my amendment deals only with the question of harassment to the judiciary in the country, and any other designated Arbitration Committee. This Act is specifically meant to protect the innocent children. Many of the crimes committed against them never get reported because the children are too frightened to say anything and the parents don’t want any scandal. According to the Act, if a juvenile girl makes an allegation, that is taken as prima facie true and the criminal proceedings starts in that matter. The Section 19 is being misused today and the section 20 makes it an offence if the matter is not reported to the police in the prescribed manner and the person is prosecuted. Section 19 compels even Court Judges, hearing a divorce case or in a marriage discord case to provide information to police authorities, otherwise face penal punishment under Section 21 of the said Act. This places an unacceptable onus on the public and public 421

Judicial persons. The clients are using this to terrify the judges and judges are not willing to sit in divorce cases any more because of this fear. Therefore, I do agree that we need a strict law by which people feel deterrent in touching women or small children. However, this particular Section requires to be redrafted in such a way that higher functionaries such as judges are not compelled to go to the police station and make a report. SHRI ANANDA BHASKAR RAPOLU: We treat the children in a divine way, so, there should not be any harm to our children within our society, but times have changed. We have many Acts, like, the Juvenile Justice Act, the Child Protection Act and the latest 2012 Act for well-being of children and their safety which are not going to be sufficient in the expanding complications of human treacherous tendencies. A number of international seminar and conferences are going on about child trafficking and the abuses being meted out upon the children. We have given good models of law. We have institutionalized the National Commission for Protection of Child Rights and certain stringent provisions are there to contain the slavery of children, but even then we can see the pathetic condition meted out to our children. We should not excessively burden our children with the criminal responsibility. Even in advanced nations, the age of criminal responsibility is just 7 years or 8 years. The socio- economic poverty, and the depth of standard of the livelihood are having direct relevance, for which the social security concerns and measures by the Government will have a greater role. Though, the Union Government has certain national programmes to provide support, we are not having sufficient resources to strengthen and to fully implement them. Regarding Section 19 of this 2012 Act the urge for omission is worth considering. I plead the Union Government to look at it comprehensively, so as to protect our children through a proper enactment and also the institutionalised support. Besides, let the Beti Bachao, Beti Padao not be confined to a slogan or a campaign, let there be a concrete programme of educational advancement of the children.

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SHRI BASAWARAJ PATIL: This is a very important Bill related to ongoing atrocities on Children. But, a lacuna has been left in this Bill, hence it must be rectified. I think that the Government will bring some necessary changes so that judges are left out of some awkward position. Clauses related to judges are weird in it. SMT. CHHAYA VERMA: Chhattisgarh is land of tribes. Tribal are not adequately developed. Children are far from education. Chhattisgarh stands eighth position in crime in India. Here rape cases with girl child are very common but cases don't get registered. This area is surrounded by Naxalites. An environment of fear prevails here. I think unemployment is root cause of it. Unemployed youth kidnap girls. The Supreme Court of India has passed a stricture and said that 11,000 girls are still missing in Chhattisgarh. With the demand to act strongly against these cases, I support the Bill. SHRI RAMKUMAR VERMA: This Act was passed against the sexual harassment of children but it seems that children are not getting proper protection, so this amendment has been brought. The Treasury Bench and the Opposition have rightly said that India is a male chauvinist country and male child is given more importance in our society. This is matter of grave concern that despite many laws we are not able to control crimes. I support the Bill. SHRIMATI VIPLOVE THAKUR: I support the Bill but I would like to say that only framing laws would not work. We must think seriously on the implementation. I would also like to say that the mind set of police must be changed in the country. Counselling of police is must so that they would be able to change their mind set. SHRI MAHESH PODDAR: I would like to share some good things also. In the hilly areas of Jharkhand and Chhattisgarh, tribal women have been going alone for picking Mahua for centuries and tribal girls go to school in remote areas without any fear. This is a big achievement of tribal society. In that society, women and girl child are still honoured, but it doesn't mean that nothing is going wrong there. I am surprised that a law is framed by many of learned lawyers, notwithstanding lacuna is left. Change in law is essential. 423

DR. VIKAS MAHATME: The information gathered from anywhere must reach to the police station. This is not appropriate that even after a judge's cognizance, there is reluctance in registering FIR. There are problems in every profession, but problems regarding children are more. The atrocities committed on them are very big which are not reaching upto the police. The judges should look in a such a way that crimes are increasing on the people and something should be done to change the mind-set of the people. THE MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI KRISHNA RAJ), intervening in the debate, said: I will write a letter to the Chief Minister of Chhattisgarh in this regard and take detailed report from the Hon'ble Member too. I will recommend for taking necessary action also. Changing people's mind-set and spreading awareness is a very important matter. The ministry had done a survey in 2007 in 13 states, wherein the complaints with regard to child abuse were more. In the study conducted by the ministry under POSCO Act, it was found that 53 per cent children were victim of sexual harassment and out of these, in 50 per cent cases, anyone from their homes or near relatives was involved. There is lot of improvement on the basis of this Act. Section 19 is the core section of this Act and we can take strong action only under this. Under Section 19, even if anyone listens about this crime, then he would also come under the category of an offender, because he has not given the information. This law fixes everyone's responsibility. If any such issue has appeared before any judge, we would certainly take its cognizance. It is really a matter of concern, if there is such a crime against 11 thousand children even in one State. Mr. Deputy Chairman, I would certainly make you aware after collecting all the informations. Anybody living in far flung areas may also register his complaint on the toll free number. This is the biggest benefit of this POSCO Act. In e-Box, the identity of complainant and the hearer would not be disclosed. He can fearlessly present his case. The issue of spreading public awareness has been taken very seriously by the ministry. The ministry made a documentary film named as 'Komal' whereby the efforts have been done to spread awareness among children with 424 regard to 'good touch and bad touch'. Out ministry is disseminating the information in a such way that anybody can register the complaint anywhere in the country. By public awareness, definitely there would be decline in crimes in someway or another. The efforts are being done to change the minds of the people through street plays, etc. by the 14 lakhs Aanganwadi workers in the country. I urge upon the house that we should keep trying for this wherever we are. If we could omit Section 20, then it would certainly make a serious impact on the mind of exploited child. If any judge has given any judgement in this regard, then he should be brought in the notice of our ministry, since ministry has no information about it. We would certainly think over the controversy with regard to the judges on Section 20. Judges say in this regard that if it is an offence prima facie, then mother would be culprit and a file should be maintained. When Hon'ble member would provide details, we would consider after the discussions. DR. SUBRAMANIAN SWAMY, replying to the debate, said: I am very thankful to the hon. Minister for saying that if I have these instances, I should bring it to the notice of the Ministry and that they will then consider about bringing an amendment, in the form of an assurance. If she gives such a assurance, I can think over withdrawing my resolution. I will provide the information and name of the judges who urged me to take this matter up so that they can interact with them. But, if they have got these cases, then they should be open to an amendment of Section 19 to exempt these kinds of authorities. I will certainly meet the officials of the Ministry and give them all the details, and they have agreed to take action on it. On the basis of that, I am withdrawing my Bill. The Bill was, by leave of the House, withdrawn. The Constitution (Amendment) Bill, 2016 (Amendment of the Eighth Schedule) SHRI B.K. HARIPRASAD, moving the motion for consideration of the Bill, said: Karnataka State is a conglomeration of six languages. I am proud to say that I can speak in six languages, namely Tulu, Kannada, Tamil, Telugu, Hindi and English. I am 425 speaking on behalf of the Kodava people because there is no Member from that language in the Parliament or in State Assembly of Karnataka. The language spoken is called Koduvu. In English it is called Coorg. They are glorified tribals of this nation. The Government of Karnataka should encourage both Tulu and Koduvu languages because they are having a minority status. Coorg has given great soldiers to this nation. We have had great athletes there. The population is only two lakhs, though their contribution to this country in terms of service in the Forces and in terms of growing cash crops is huge. Their language is not being included in the Eighth Schedule. There are sixteen major languages in this country which have not been included. Some Part-C States got the place in the Eighth Schedule. Though the languages which are spoken by lesser number of people are included in the Eighth Schedule. But, the languages of Coorgis and Tuluvas is not included. Despite been oldest Dravidian languages, 'Tulu' and 'kodava' have not received their due recognition in the Eighth Schedule of the Constitution till date. This is a huge discrimination against people speaking these languages. Denial of due recognition to the 'Tulu' language is a violation of the minority rights. Inclusion of a scientific, culturally and intellectually rich language like 'Tulu' in the Eighth Schedule will ensure security and promotion of the language, culture, identity and dignity. More research and development work can be feasible with adequate Government support in one's mother tongue. The inclusion of 'Kodava' language in the Eighth Schedule of the Indian Constitution would, certainly, protect Kodava race and its culture. Kodavas have always been in the forefront in the field of sports and culture. The UNESCO in its Annual Report in the year 2009 mentions about Kodava language being one of the 181 endangered languages across the world. Government should take steps to include 'Kodava' and 'Tulu' in the Eighth Schedule. SHRI BASAWARAJ PATIL: Any language is not mere language but it reflects life style and culture of an area where it is spoken. 16 major languages are yet to be included in the eighth Schedule of the Constitution. Language serves as an important tool for any caste, community or country. Inclusion of 'Kodava' and 'Tulu' 426 languages in the eighth Schedule would be in the country's interest as these can play an important role in maintaining the security and integrity, preserving culture and importance of the country. It is important to give importance to such Indian languages. State Governments can submit their reports on other 16 languages also to the Government. There should not be any condition to include any language in the Eighth Schedule of Constitution. Government should think about all these things. There is need to include Tulu, Kodava, Bundeli, Bhojpuri, Avadhi and Marwari languages in the eighth schedule of constitution. Kindly give serious attention on this issue. SHRI OSCAR FERNANDES: I appeal to all the members that the amendment moved to include Kodava and Tulu languages in the Eighth Schedule of Constitution be accepted. There are thousands of restaurants in Mumbai where they speak only Tulu language. Large numbers of Tulu-speaking people have been demanding that this should be included in the eighth schedule. Now it is being taught in schools too. I feel it is high time that we should include this language in the eighth schedule. In our state we speak many languages but Tulu has its own history. I support the cause taken up by my colleague. SHRI NARAYAN LAL PANCHARIYA: Tulu and Kodava are very rich languages. My Rajasthan is a place of unity in diversity. People of Rajasthan have been demanding to include Marwari language in the eighth schedule of constitution since long . Even assurance had been given in this regard. But nothing has been done yet. The literature of Marwari language is full of knowledge and bravery. Children are even not aware of those inspiring stories. I request that Marwari is a very rich language and it should be included in the eighth schedule also. Some other members have demanded to include Kodava, Tulu and Bhojpuri etc. languages also in the eighth schedule. I support their cause too.

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SMT. CHHAYA VERMA: The demand to include Chhattisgarhi language in eighth schedule of constitution is a long pending demand. Chhattisgarhi is a very sweet language. Chhattisgarh is a very beautiful place and famous for its history, literature and talented people. Unfortunately this language is not being taught in the schools. It is my humble request that this language should be included in the Eighth Schedule. SHRI SHIV PRATAP SHUKLA: I am proud of all Indian languages. Not only Tulu and Kodava but many other languages should also be included in the eighth schedule of constitution. Bhojpuri is a language of crores of people. This is our long pending demand that this language should also be included in the Eighth Schedule. All of us should feel proud of our respective languages. I request the Hon. Minister that besides the inclusion of Tulu and Kodava, all the languages, which are being demanded to include, should be included in the Eighth Schedule of the Constitution. Discussion not concluded.

SHUMSHER K. SHERIFF, Secretary-General. [email protected]

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