jdu will oppose citizenship amendment bill in rajyasabha


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Citizenship (Amendment) Bill Will Strain India’s Ties With Bangladesh


Tarun Gogoi said Sheikh Hasina has done a lot to make Bangladesh more secular in its outlook.

Guwahati: 

The manner in which the Citizenship (Amendment) Bill-2016 is being portrayed by BJP leaders at the state and central levels will only end up straining relations between India and Bangladesh, former Assam chief minister Tarun Gogoi has claimed. Claims of “religious persecution” in Bangladesh only serve to undermine Bangladesh Prime Minister Sheikh Hasina’s efforts to uphold secularism in the neighbouring country, he added.

“This bill will strain relations between the two countries. This present Bangladesh regime has been helpful, and there is peace in the Northeast because of Hasina’s decision to act against terrorist camps across the border. Hindus are safe in her country, the number of Durga Pujas is increasing every year, and here you are unnecessarily giving Bangladesh a bad name over religious persecution,” Mr Gogoi told NDTV.

The bill, which aims to provide fast-track citizenship to non-Muslim migrants from Bangladesh, Pakistan and Afghanistan, was passed in the Lok Sabha recently. 

Mr Gogoi said that in his 15 years spent government Assam, not a single person from neighbouring Bangladesh had come seeking citizenship due to religious persecution. “I had a long telephonic discussion with the Bangladesh chief minister to discuss the matter,” he said, adding that the BJP’s campaign of religious persecution in Bangladesh is portraying the Sheikh Hasina government in a “wrong light”.

If enacted, the Citizenship (Amendment) Bill-2016 will enable Hindus, Jains, Christians, Sikhs, Buddhists and Parsis from the neighbouring states to get citizenship after six years of residing in India even if they do not possess any documents. The current waiting period is 12 years.





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10 Per Cent Reservation Constitutional Amendment Bill In Parliament


Constitutional Amendment Bill: The 10% reservation will be over and above the 50% reservation

New Delhi:  A bill to provide 10 per cent quota in jobs and education to general category candidates who belong to economically weaker sections, is being discussed and will be voted upon in the Lok Sabha later this evening. Ahead of the general elections, the government is hoping to push through the bill, which, in a first, will extend reservation to upper castes. The bill is expected to sail through the Lok Sabha, where the government is in majority. It also stands a fair chance in Rajya Sabha, with several opposition parties indicating that they would support it. The Rajya Sabha session has been extended till Wednesday.





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Citizenship Amendment Bill May Not Get Through In Winter Session


The Winter session of Parliament which comes to an end on January 8.

New Delhi: 

The controversial Citizenship Amendment Bill may not able to get through during the Winter session of Parliament which comes to an end on January 8, sources said on Sunday.

A meeting of the Joint Parliamentary Committee (JPC), which is examining the bill, will be held on Monday to finalise the proposed legislation before being submitted to the Lok Sabha.

The bill seeks to amend the Citizenship Act, 1955, to grant Indian nationality to people belonging to minority communities — Hindus, Sikhs, Buddhists, Jains, Parsis and Christians — in Afghanistan, Bangladesh and Pakistan after six years of residence in India instead of 12, even if they don’t possess any proper document.

This was an election promise of the BJP in 2014.

“The bill is likely to be tabled in the Lok Sabha either on January 7 or 8. There is very little time for debate before it is passed in the Lower House and then in the Rajya Sabha,” a source privy to the deliberations said.

However, in Monday’s meeting the BJP may have its way in incorporating some “contentious” provisions in the proposed legislation.

JPC chairman Rajendra Agrawal said the committee will try to finalise the bill through consensus after examining every clause.

“However, if we cannot reach a consensus, we will go for voting, which is a standard procedure for Parliament,” he said.

The BJP has 14 MPs, including Mr Agrawal, in the 30-member panel. The Congress has four members while the Trinamool Congress and the Biju Janata Dal have two MPs each. The Shiv Sena, JD(U), TRS, TDP, CPI(M), AIADMK, SP, BSP have one member each in the panel.

The Congress, Trinamool Congress, CPI(M) and a few other parties have been steadfastly opposing the bill claiming that citizenship can’t be given on basis of religion.

“If there is a voting, the BJP is likely to have its way in incorporating some contentious clauses. Monday’s meeting is very crucial,” sources said.

In the last meeting of the JPC, held on November 27, opposition members moved clause-by-clause amendments and one Congress MP sought removal of Bangladesh from the purview of the proposed legislation.

Interestingly, an NDA member suggested that Assam, where the bill received strong opposition, should be excluded from the ambit of the legislation.

Various members from opposition parties have been asserting that citizenship is a constitutional provision and it cannot be based on religion, as India is a secular nation.

Rather than resolving the situation in Assam, this bill is making the condition more volatile in the already tense state, an opposition member in the panel had said.

Echoing similar sentiments, a Congress member said if all the proposed amendments come into force, then the Centre has to nullify the Assam Accord under which anyone entering the state illegally after March 1971, should be declared foreigner and deported.

Mr Agrawal said they were bound to submit the report in this session as in all practical purposes, Winter session is the last session of the current Lok Sabha.

A large section of people and organisations in the northeast have opposed the bill saying it will nullify the provisions of the Assam Accord of 1985, which fixed March 24, 1971, as the cut-off date for deportation of illegal immigrants irrespective of religion.

Even the governments of Meghalaya and Mizoram have strongly opposed the bill and adopted resolutions against it.

The committee has already taken six extensions from the Lok Sabha Speaker. Last time it had sought time for the presentation of the report was on the “first day of the last week of the Winter Session, 2018”.

During the course of its examination and study visits, the committee met a cross section of people in Gujarat, Rajasthan, Assam and Meghalaya and heard views of organisations, individuals, experts and others over the issue.

The committee also heard the views of the chief secretaries and police chiefs of Assam, Bihar, Gujarat, Jharkhand, Maharashtra and West Bengal. 





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Seeking Sexual Favours Punishable Under Prevention of Corruption (Amendment) Act, 2018


Prevention of Corruption (Amendment) Act, 2018 incorporates the term “undue advantage” (Representational)

New Delhi: 

Seeking and accepting sexual favours can be considered a bribe under the new anti-corruption law with the accused getting up to seven years jail term, a senior government official said on Sunday.

The Prevention of Corruption (Amendment) Act, 2018 incorporates the umbrella term “undue advantage”, which means any gratification other than legal remuneration and also includes expensive club memberships and hospitality, the official explained.

The word “gratification” is not limited to pecuniary gratifications or to gratifications estimable in money, says the amended anti-corruption law.

The Act has been notified in late July by the central government after getting assent from President Ram Nath Kovind.

The 2018 law amends the 30-year-old Prevention of Corruption Act, 1988, that covers instances of corruption by public servants.

“Under the amended law, investigating agencies like the CBI can now book officials for seeking and accepting sexual favours, expensive club memberships and hospitality or for providing employment to close friends or relatives among others,” the official said.

It also has the provision to punish bribe givers with a jail term of maximum of seven years.

Before this, bribe givers were not covered in any domestic legislation to check corruption.

Senior Supreme Court lawyer G Venkatesh Rao said the term “undue advantage” could mean any favours which are non-monetary, like expensive gifts or any kind of freebies, giving a free holiday or payment of airline tickets and stay.

“It would also encompass payments for any goods and services deliverable any other commercial entity too, like down payments for the purchase of property or movables and or payments towards memberships of clubs etc. It also includes more specifically sexual favours, which is the most reprehensible of all expectations,” Mr Rao said.

Five years ago, the government introduced the Prevention of Corruption (Amendment) Bill, 2013 to expand the definition of bribery and to cover graft in the private sector.

The term used to define bribery related offences then was “financial or other advantage”.

In November 2015, some official amendments were moved to replace the term “financial or other advantage” with “undue advantage” to make “any gratification other than legal remuneration” punishable.

The official amendments were moved after a Law Commission report in February 2015 suggested there should be a distinction between ‘due’ and ‘undue’ financial or other advantage.

“…financial or other advantage being interpreted using ejusdem generis, does not seem to cover sexual favours in return for the public servant’s acts or omissions. Thus, the proposed amendment is actually narrowing the scope of corruption, instead of the stated intent of expanding it,” it had said in its report on the Prevention of Corruption (Amendment) Bill, 2013.

A Parliamentary panel that examined the bill also endorsed the Law Commission’s stand in its report presented in Parliament in 2016.

“The Committee, however, notes that the Law Commission of India in it Two Hundred Fifty-fourth Report (February, 2015) has suggested to use the expressions ‘undue advantage’ in the PC Act. The Committee endorses the aforesaid amendments proposed to Section 2 of the PC Act, 1988 under the Clause,” it said.

The Committee had also said it “apprehends that the enforcement/probe agencies may misuse the said expression to harass public servant as well as members of civil society in corruption cases and advises that adequate precautions be taken in this regard”.

According to Mr Rao, the Prevention of Corruption (Amendment) Act, 2018, was brought about with the intention of including all kinds of illegal gratification under the microscope, in addition to monetary means of corruption.

The expression “undue advantage” was previously used by the United Nations Convention against Corruption, which India ratified in 2011, he said.

However, the term definitely needs more specific definition for courts to apply the law to individual instances, Mr Rao added.

Another legal expert Simranjeet Singh said the consequential effect of the amendment to the Act is the increase in the ambit of the term “undue advantage”.

It must be therefore ensured that there is no misuse of the statute by investigating agencies, he said.

“This can certainly be ensured by defining the said term in a more definite manner to rule out any ambiguity,” said Mr Singh, principal associate at the Delhi-based law firm Athena Legal.





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Another petition filed in Supreme court against SC-ST Amendment Act 2018


नई दिल्ली: एससी-एसटी अत्याचार कानून में तत्काल एफआईआर और तुरंत गिरफ्तारी बहाल करने वाले संशोधित कानून के खिलाफ सुप्रीम कोर्ट में एक और याचिका दाखिल की गई है.

वकील संदीप लाम्बा ने सुप्रीम कोर्ट में याचिका दाखिल कर कोर्ट के फैसले को निष्प्रभावी करने के लिए लाए गए संशोधित कानून को बराबरी, अभिव्यक्ति की आजादी और जीवन के मौलिक अधिकार के खिलाफ बताते हुए रद्द करने की मांग की है.

इससे पहले एससी-एसटी संशोधन के नए कानून 2018 को लेकर वकील पृथ्वीराज चौहान और प्रिया शर्मा ने सुप्रीम कोर्ट में याचिका दाखिल की है. सुप्रीम कोर्ट में दायर याचिका में कहा गया है कि सुप्रीम कोर्ट के 20 मार्च के आदेश को लागू किया जाए. एससी-एसटी संशोधन के माध्यम से जोड़े गए नए कानून 2018 में नए प्रावधान 18 A के लागू होने से फिर दलितों को सताने के मामले में तत्काल गिरफ्तारी होगी और अग्रिम जमानत भी नहीं मिल पाएगी. याचिका में नए कानून को असंवैधानिक घोषित करने की मांग की गई है.

यह भी पढ़ें : अमित शाह से मिले रामविलास पासवान, दलितों के खिलाफ अपराध पर अध्यादेश लाने की रखी मांग


एससी एसटी संशोधन कानून 2018 को लोकसभा और राज्यसभा ने पास कर दिया था और नोटिफिकेशन जारी हो चुका है. सुप्रीम कोर्ट ने गत 20 मार्च को दिए गए फैसले में एससी-एसटी कानून के दुरुपयोग पर चिंता जताते हुए दिशा निर्देश जारी किए थे.

यह भी पढ़ें : SC/ST एक्ट को लेकर रामविलास पासवान पर बरसे जीतन राम मांझी, कहा- सिर्फ श्रेय लेना चाहते हैं

सुप्रीम कोर्ट ने कहा था कि एससी-एसटी अत्याचार निरोधक कानून में शिकायत मिलने के बाद तुरंत मामला दर्ज नहीं होगा डीएसपी पहले शिकायत की प्रारंभिक जांच करके पता लगाएगा कि मामला झूठा या दुर्भावना से प्रेरित तो नहीं है. इसके अलावा इस कानून में एफआईआर दर्ज होने के बाद अभियुक्त को तुरंत गिरफ्तार नहीं किया जाएगा. सरकारी कर्मचारी की गिरफ्तारी से पहले सक्षम अधिकारी और सामान्य व्यक्ति की गिरफ्तारी से पहले एसएसपी की मंजूरी ली जाएगी. इतना ही नहीं कोर्ट ने अभियुक्त की अग्रिम जमानत का भी रास्ता खोल दिया था.

यह भी पढ़ें : सुप्रीम कोर्ट ने अगर SC/ST कानून को ‘हल्का’ किया, तो केन्द्र लाएगा अध्यादेश: पासवान

सुप्रीम कोर्ट के इस फैसले के बाद देशव्यापी विरोध हुआ था. जिसके बाद सरकार ने कानून को पूर्ववत रूप में लाने के लिए एससी-एसटी संशोधन बिल संसद में पेश किया था और दोनों सदनों से बिल पास होने के बाद इसे राष्ट्रपति के पास मंजूरी के लिए भेजा गया था. राष्ट्रपति की मंजूरी मिलने के बाद संशोधन कानून प्रभावी हो गया है. इस संशोधित कानून के जरिए एससी-एसटी अत्याचार निरोधक कानून में धारा 18 ए जोड़ी गई है जो कहती है कि इस कानून का उल्लंघन करने वाले के खिलाफ एफआईआर दर्ज करने से पहले प्रारंभिक जांच की जरूरत नहीं है और न ही जांच अधिकारी को गिरफ्तारी करने से पहले किसी से इजाजत लेने की जरूरत है.

यह भी पढ़ें : बिना चर्चा के अनुसूचित जाति एवं जनजाति अत्याचार निवारण संशोधन बिल 2015 पारित

संशोधित कानून में यह भी कहा गया है कि इस कानून के तहत अपराध करने वाले आरोपी को अग्रिम जमानत के प्रावधान (सीआरपीसी धारा 438) का लाभ नहीं मिलेगा. यानि अग्रिम जमानत नहीं मिलेगी. संशोधित कानून में साफ कहा गया है कि इस कानून के उल्लंघन पर कानून में दी गई प्रक्रिया का ही पालन होगा और अग्रिम जमानत नहीं मिलेगी.

साफ है कि अब सुप्रीम कोर्ट के आदेश से बिल्कुल उलट होगा. पूर्व की भांति इस कानून में शिकायत मिलते ही एफआईआर दर्ज होगी. अभियुक्त की गिरफ्तारी होगी और अभियुक्त को अग्रिम जमानत नहीं मिलेगी यानी जेल जाना होगा.

VIDEO : तुरंत नहीं होगी गिरफ्तारी

वैसे  फैसले के खिलाफ केन्द्र सरकार की पुनर्विचार याचिका अभी सुप्रीम कोर्ट में लंबित है. पुनर्विचार याचिका पर मुख्य फैसला देने वाली पीठ जस्टिस आदर्श कुमार गोयल व जस्टिस यूयू ललित की पीठ सुनवाई कर रही थी और इस पीठ ने फैसले पर अंतरिम रोक लगाने की सरकार की मांग ठुकरा दी थी. इस बीच जस्टिस गोयल सेवानिवृत हो चुके हैं. ऐसे में पुनर्विचार याचिका पर सुनवाई के लिए नई पीठ का गठन होना है. हालांकि नए कानून के बाद इसके मायने रह नहीं गए हैं.



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Information Commissioner Sridhar Acharyulu Opposes RTI Act Amendment


Sridhar Acharyulu called the changes proposed in the draft Personal Data Protection Bill as unwarranted

New Delhi: 

The changes in the privacy clause of the RTI Act suggested by the Justice Srikrishna panel will allow corrupt officers to escape public scrutiny, an Information Commissioner has said.

Calling the changes proposed in the draft Personal Data Protection Bill, 2018 as unwarranted, Information Commissioner Sridhar Acharyulu has written to Chief Information Commissioner R K Mathur and all other commissioners to discuss the recommendations and take a stand to oppose “to save the Right to Information”.

The draft bill is based on the recommendations of the government-constituted panel headed by Justice B N Srikrishna.

“We need to emphasise that any proposal to amend provisions of the RTI Act shall not be taken up without wide ranging consultation with public in general and ICs in particular,” Mr Acharyulu said in a note circulated among all commissioners, a copy of which is accessed by the PTI.

The draft bill seeks to amend Section 8(1)(j) of the RTI Act which exempts from disclosure personal information subject to several conditions.

Section 8(1)(j) of the RTI Act exempts from disclosure “information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information.”

The Srikrishna panel has suggested replacing Section 8(1)(j) of the RTI Act as “information which relates to personal data which is likely to cause harm to a data principal, where such harm outweighs the public interest in accessing such information having due regard to the common good of promoting transparency and accountability in the functioning of the public authority.

“Provided, disclosure of information under this clause shall be notwithstanding anything contained in the Personal Data Protection Act, 2018.”

The proposed definition of personal data, is very wide in scope, ambiguous, wide and unlimited, Mr Acharyulu said.

He said in the present act, the larger public interest is the test to relax the exemption and PIO may decide to give information whereas draft bill says the undefined ‘public interest’ is ambiguous and suggested to specify the clause.

“But what he recommended is clad in more ambiguity and gave wide scope to misinterpret,” he said.

He said the PIO has more difficult task to understand whether this ambiguous harm is going to outweigh common good of promoting transparency which is neither easy for PIO nor for applicant to explain this or justify, he said.

According to Mr Acharyulu, the Srikrishna panel report did not define common good, promotion, transparency, and accountability.

“Another wonderful fact is: the report or the Bill did not define the ‘privacy’,” he said.

Most important expression that can cause serious harm to RTI is “harm” used in the draft bill language, he said, adding that the bill gives 10 clauses which will constitute ‘harm’.

“Any RTI request may embarrass or upset or cause worry to ‘data principal’ i.e. public servant, that might be considered as mental injury. PIO can instantly reject any information calling it embarrassing or that can cause mental injury,” he said.

He said ‘loss of reputation’ is another form of ‘harm’ underlining that every disclosure about disciplinary action on misconduct generally is capable of causing some ‘loss of reputation’.

“It does not stop with this. The report says even possibility of ‘humiliation’ is enough to deny, as the Section 8(1)(j) says ‘which is likely to cause harm’. The expression ‘likely’ is a general prefix for all kinds of harms listed in Section 3(21) and those not listed. Actual harm and likely harm could be grounds for rejection,” he said.

He said according to the recommendations, if disclosure of any information under RTI is likely to subject a corrupt officer to black mail or extortion, PIO can refuse.

“With this clause, every corrupt officer can be safeguarded from possible black mail. Corruption related information can become his private information as per this report,” he said.

He said the 10 clauses of ‘harm’ given by Srikrishna panel “will be ten exit gates” from public servants to escape from RTI scrutiny by the people.

“The replacement of Section 8(1)(j) is not warranted. There is absolutely no need to replace present privacy clause, as it has properly balanced the privacy rights of the public servants and the public interest in disclosure of information in connection with public activity,” he said.

 He said the report and the bill as far as its interference with RTI is concerned, deserve to be rejected at threshold.





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NEWS FLASH : 6 August 2018 Supreme Court Article 35 A SC/ST Amendment Bill PM Modi BJP Amit Shah


NEWS FLASH : सुप्रीम कोर्ट में अनुच्छेद 35-ए पर सुनवाई आज

अनुच्छेद 35-ए की वैधता को चुनौती देने वाली याचिकाओं पर आज सुप्रीम कोर्ट में सुनवाई होगी. उच्चतम न्यायालय में संविधान के अनुच्छेद 35-ए की वैधता कानूनी चुनौती के खिलाफ कश्मीर में रविवार को शांतिपूर्ण प्रदर्शन भी हुए. वहीं, उम्मीद जताई जा रही है कि एससी/एसटी संसोधन विधेयक पर आज लोकसभा में चर्चा होगी और सरकार इसे पारित भी करा लेगी. बता दें कि यह विधेयक बीते शुक्रवार को लोकसभा में पेश हुआ था. इसके अलावा देश-दुनिया की राजनीति, खेल एवं मनोरंजन जगत से जुड़े समाचार इसी एक पेज पर जानें…

अनुच्छेद 35-ए की वैधता को चुनौती देने वाली याचिकाओं पर आज सुप्रीम कोर्ट में सुनवाई होगी. उच्चतम न्यायालय में संविधान के अनुच्छेद 35-ए की वैधता कानूनी चुनौती के खिलाफ कश्मीर में रविवार को शांतिपूर्ण प्रदर्शन भी हुए.



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SC/ST Amendment Act To Be Introduced In Parliament: Rajnath Singh


Rajnath Singh said the entire country knew that the Supreme Court had diluted the SC/ST Act

New Delhi: 

Union Home Minister Rajnath Singh on Thursday said a Bill to amend the SC/ST Atrocities Prevention Act, cleared by the Cabinet on Wednesday, will be introduced in Parliament in the ongoing session for consideration and passage.

“I don’t know why the members are raising this issue now. I think they are aware and they have the knowledge that the Union Cabinet under the chairmanship of Prime Minister Narendra Modi approved The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill,” Rajnath Singh said in the Lok Sabha during Zero Hour.

He said the entire country knew that the Supreme Court had diluted the SC/ST Act through its ruling that a preliminary enquiry was required to arrest any person even under the SC/ST Act meant for preventing atrocities against those covered under the Act.

“The Prime Minister has said then if there is any dilution in the Act, we will bring a bill. And there is no if and but in it, he (PM Modi) had promised,” he said.

“We will introduce the Bill in this session of Parliament to make it a law.”

The Home Minister’s remarks come a day after the Union Cabinet decided to restore a provision of the SC/ST Act allowing the arrest of accused persons without a preliminary enquiry or prior approval that was recently struck down by the Supreme Court.

The preamble of the amendment says that the decision to arrest or not to arrest cannot be taken away from the investigating officer, a power given under the Criminal Procedure Code in which there is no provision for a preliminary enquiry.

Under the new provision, no preliminary enquiry will be required for registering FIRs against the accused and arrest of persons accused under the SC/ST Act and this will not require any approval. The provision of anticipatory bail shall not be available to the accused notwithstanding any court judgment.





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Parliament Monsoon Session: Insolvency and Bankruptcy Code (Amendment) 2018


Understanding Amendment To Insolvency and Bankruptcy Code 2018: 5 Facts

The Insolvency and Bankruptcy Code (Amendment) Bill, when passed, would provide relief to home buyers.

New Delhi:  A Bill to amend Insolvency and Bankruptcy Code, 2016, was tabled in the Lok Sabha. The Bill will be moved by interim Finance Minister Piyush Goyal today. The amendment will bring relief to the home buyers and Micro, Small and Medium Enterprises (MSMEs). The Insolvency and Bankruptcy Code (Amendment) Bill will save the buyers when builders declare bankruptcy in the middle of a real estate project. The Bill would bring a major economic reform and allow buyer of a real estate project to be treated as a financial creditor. When a company is bankrupt, financial creditors (banks) have the first right over the proceeds of assets. Now, when the buyers are also treated like financial creditors, they would also stake a claim in the assets’ sale as well as in the bankruptcy proceedings. The move also comes at a time when many home buyers are facing hardships on account of delayed and incomplete real estate projects.





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