HIGHLIGHTS OF A PRODUCTIVE WINTER SESSION 2019

India, Updates

The Winter Session commenced on 18th November, 2019 and concluded on 13th December, 2019, as both the houses adjourned sine dine. The parliament promulgated various important Bills and Amendments for aiding the public, without succumbing to frivolous discussions that could cause resentful acts among citizens. However, this winter session definitely included certain Bills and Amendments that would for sure create history, and would have everlasting effects.

The highlights of all the key legislative actions observed in this Winter Session are mentioned below:

  1. Citizenship Amendment Bill, 2019

This vexed amendment that seeks to modify the Citizenship Act 1955, was passed by the Lok Sabha on December 9, 2019 and by the Rajya Sabha on December 10, 2019. The Bill seeks to relax conditions for acquiring citizenship for non-Muslim migrated from Pakistan, Bangladesh and Afghanistan belonging to six religions; Hindus, Sikhs, Buddhists, Parsi, Jains, and Christians who migrated to India will not be considered as illegal immigrants if the came on  or before 31st December, 2014, that to without legal travel documents. This Amendment also amended the earlier established period of residency by changing it to 5 years from the existing 11 years. However, after the introduction of this Bill, the country is being subjected to various kinds of atrocities; be it protests, riots, or physical violence. Furthermore, the existence of secularism, that the country and its leaders heavily believe in, is now being questioned.   

This Bill proposes to merge both the Union Territories (UTs)- Dadra & Nagar Haveli, and Daman & Diu which has one district, and two districts respectively; and regarding it as a single Union Territory under the name- “Union Territory Of Dadra and Nagar Havelli and Daman and Diu”. The whole point of this proposal is to ease administration and save State fund. Furthermore, jurisdiction of the High Court of Bombay will continue to extend to the proposed UT, assets and liabilities of both the UTs will now belong to the new territory, which now is allocated two seats in the Lok Sabha.

This Bill was cleared on 27th November, 2019, and on 3rd December, 2019, in Lok Sabha and Rajya Sabha respectively.

  • Arms Act (Amendment) Bill, 2019

This Bill was passed in Lok Sabha on 9th December, 2019, and in Rajya Sabha on 10th December, 2019, to basically amend the Arms Act, 1959; and to criminalize and establish punishments for-tracking arms and their components from manufacturers to end user, organized crime, negligent us of firearm, etc. this Amendment also minimizes the number of valid arms licenses that can be held by individuals, it has been changed to 1 from 3.   

  • Transgender Persons (Protection of Rights) Bill, 2019

This Bill aims at recognizing the rights of transgender persons and protecting them for their welfare. It prohibits any kind of discrimination or denial of education, employment, healthcare facilities, access to public places, rights to reside, right to occupy property, opportunity to hold public or private place, and access to government or private establishment in whose care and custody a transgender person is. It also criminalizes acts where there is any denial of public places, or removal of transgender persons from households and village, etc.

This Bill was cleared in Lok Sabha on 5th August, 2019, and in Rajya Sabha, it was cleared on 26th November, 2019.

  • The Special Protection Group (Amendment) Bill, 2019

This Bill amends the Special Protection Group (SPG) Act of 1988 and establishes provisions to provide security to the Prime Minister and to the immediate family members living in the residence with him. Furthermore, is also prescribes SPG security to any former Prime Minister and the immediate family members residing with him, for a period of 5 years from the date on which he ceases to hold the office. This Bill was cleared on 27th November, 2019 and on 3rd December, 2019 by Lok Sabha and Rajya Sabha respectively.

  • Bill to Ban E-Cigarettes

This Bill prohibits the production, manufacturing, import, export, transport, sale, Distribution, storage and advertisement of Electronic Cigarettes. This Bill was passed by Lok Sabha on 27th November, 2019, and on 2nd December, 2019 by Rajya Sabha. This Bill recognizes first time offenders and punishes them by sentencing them to a jail term, or a fine of 1 lakh rupees, or both. For subsequent offences- jail term up to 3 years and fine up to Rs. 5 lakhs. Storage of E-cigarettes punishes the concerned person with imprisonment up to 6 months or a fine of up to Rs. 50,000, or both. After the implementation of the Bill, all the owners of existing stocks will have to declare and deposit these stocks at the nearest office of an authorized officer.

  • Bill to Grant Ownership Rights to people living in unauthorized colonies in Delhi

This Bill recognizes the rights of owners living in unauthorized colonies established in Delhi, by granting them their rights of ownership, or transfer, or mortgage on the basis of Power of Attorney, Agreement of Sale, Will, possession letter or any other document evidencing payment of consideration.

This Bill was passed on 28th November, 2019 by Lok Sabha, and on 4th December, 2019 by Rajya Sabha.

  • Chit Funds (Amendment) Bill, 2019

The bill amends the Chit Funds Act, 1982 to promote orderly growth of the chit Fund sector and enable greater financial access to people. It even increases the Chit Fund from Rs. 1 lakh to Rs. 3 lakhs, when collected by Individuals; and from Rs. 6 lakhs to Rs. 18 lakhs, when collected by firms. This bill was passed by the Lok Sabha on 20th November, 2019; and on 28th November, 2019, and recognized chit funds under certain names- kuri, fraternity fund, rotating savings, credit institution, etc.

  • National Institute of Design (Amendment) Bill, 2019

The Bill was promulgated to amend the National Institute of Design Act, 2014, which declares the National Institute of Design, Ahmedabad as an institution of national importance, and establish National Institute of Design in Andhra Pradesh, Madhya Pradesh, Assam, and Haryana as  institutions holding national importance and recognition; initially, these institutes did not have the power to grant degrees or diplomas, however, after the implementation of this Bill, all these institution will be vested with the authority to do so.

This bill was though introduced in the Monsoon Session of Parliament, and passed by Rajya Sabha on 6th August, 2019, and Lok Sabha cleared it on 26th November, 2019. 

  1. Surrogacy (Regulation) Bill, 2019

This Bill allows altruistic surrogacy, an arrangement where only medical expenses and insurance cover are to be provided to the surrogate mother, and no other monetary reward. The bill, by the virtue of Section 4, approves surrogacy in cases of proven infertility. However, surrogacy for producing children for sale, prostitution or other forms of exploitation is prohibited. The Bill also prescribes five years waiting period for a couple to be able to avail surrogacy, which can only be done by close relatives of a person.

This bill was passed was cleared by Lok Sabha on 5th August, 2019, and after much deliberation, Rajya Sabha cleared it on 21st November, 2019.

  1. Bill to Slash Corporate Tax Rates

This Money Bill slashes the corporate tax rate and replaces the ordinance promulgated by the Central Government with certain variations. It provides domestic companies with the payment of income tax at a lower rate of 22% than the earlier 30% , provided that they do not claim certain deductions under the IT Act. Furthermore, it even provides new domestic manufacturing companies with an option to pay income tax at the rate of 15%, provided they do not claim any deductions under the IT Act. However, all companies covered in this ambit should already be established ones and registered after 30th September, 2019 and should start manufacturing before 1st April, 2023. This Bill was passed was passed on 2nd

  1. Recycling of Ships Bill, 2019

This Bill restricts the usage of hazardous and degrading materials on ships, and to regulate recycling of ships by establishing a National Authority. This Bill is a fruitful outcome of the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009, to which India is a signatory. It will apply to- all new and existing ships registered in India; ships entering a port or terminal in India, or in the territorial waters of India; on other ships owned and operated by an administration and used on government non-commercial service; and even top ship recycling facilities operating in India.

This bill was passed on 3rd December, 2019 by Lok Sabha, and on 9th December, 2019 by Rajya Sabha. 

In conclusion, the Winter Session of the Parliament implemented some notable legislations. However, every decision that the Government takes has twofold consequences, but the intension is never to ignite regional persecution or cause any kind of disruption. Moreover, change is inevitable, and for development and progress, alterations and constant deliberations for effective implementation of all Bills and Amendments are need of the hour.

ARPITA VARMA

STUDENT REPORTER