views
The Lok Sabha on Thursday passed the Jan Vishwas (Amendment of Provisions) Bill, 2023, which aims to give a further boost to ‘ease of living’ and ‘ease of doing business’. While the bill was in the draft stage, there was a lot of thought that went into its name. Several options were considered, but it was Prime Minister Narendra Modi who came up with the name ‘Jan Vishwas’, top sources told Network 18.
“The idea of the government was that we have faith in our citizens and they will be compliant with the laws,” a top official involved with the legislation told News18.
The bill, when passed, proposes to amend 183 provisions to be decriminalized in 42 Central Acts administered by 19 Ministries/Departments.
It was first brought to the Lok Sabha during last year’s winter session and was then referred to a joint committee of Parliament for scrutiny. After a thorough examination by the committee, which discussed the bill threadbare, the Parliamentary panel submitted its report in the last budget session of Parliament in both the houses. The bill was brought to Parliament, after its approval by the Modi cabinet in the ongoing monsoon session for passage.
SAILENT FEATURES
The decriminalization of the 183 provisions is proposed to be achieved in the following manner:
- (i) Both imprisonment and/or fine are proposed to be removed in some provisions.
- (ii) Imprisonment is proposed to be removed and fine retained in few provisions.
- (iii) Imprisonment is proposed to be removed and fine enhanced in few provisions.
- (iv) Imprisonment and fine are proposed to be converted to penalty in some provisions.
- (v) Compounding of offences is proposed to be introduced in few provisions.
For effective implementation of the above, the bill proposes measures such as:
- (a) Pragmatic revision of fines and penalties commensurate to the offence committed
- (b) Establishment of Adjudicating Officers
- (c) Establishment of Appellate Authorities
- (d) Periodic increase in quantum of fine and penalties
It is also ensured that degree and nature of punishment is commensurate with the severity of the offence.
THE BENEFITS OF THE AMENDMENTS
- The Amendment Bill will contribute to rationalizing criminal provisions and ensuring that citizens, businesses and the government departments operate without fear of imprisonment for minor, technical or procedural defaults.
- The nature of penal consequence of an offence committed should be commensurate with the seriousness of the offence. This bill establishes a balance between the severity of the offence/violation committed and the gravity of the prescribed punishment. The proposed amendments ensure the adherence to law by businesses and citizens, without losing the rigor of the law.
- The criminal consequences prescribed for technical/procedural lapses and minor defaults, clog the justice delivery system and puts adjudication of serious offences on the back burner. Some of the amendments proposed in the bill are to introduce suitable administrative adjudication mechanisms, wherever applicable and feasible. This would go a long way in reducing undue pressure on the justice system, reduce the pendency of cases and help in a more efficient and effective justice dispensation.
- Decriminalization of provisions which affect citizens and certain categories of government employees will help them live without the fear of imprisonment for minor violations.
- The enactment of this legislation would be a landmark in the journey of rationalizing laws, eliminating barriers and bolstering growth of businesses. This legislation would serve as a guiding principle for future amendments in various laws. Consolidated amendments in various laws with a common objective will save time and cost for both Government and Businesses alike.
Comments
0 comment