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Yesterday, i was one of the lakhs of passesengers stranded at various stations of India (myself at Bakhtiyarpur Junction, a small town near Patna, Bihar), owing to Bharat Bandh by SC/ST organisations. Trains were not running and all stations up and down from Patna, some or the other long distance train were stranded and not allowed to commute.Suddenly, a mob of about 500–1000 young boys mostly of the age below 15 stormed into the station with Sticks, Banners, BR Ambedkar’s photo and started vandalising every stall they found open, even tried to break the shutters of those stall which were closed with their lathis and looted the open stalls and sloganeering like Nitish Kumar Murdabad, Narendra Modi Murdabad, Supreme Court Murdabad, Aarakshan jari rahega nahi to hahakar hoga. They even attacked the Pantry Car of Amritsar-Howrah Mail which was already standing at Bakhtiyarpur since 7 hrs on the platform. I am not going into the other gory details as people might have seen various media reports of violence in various parts of India during the Bandh. I had only read about the situation during such protests in Media or in TV, first time i was face to face in such a situation. I had to say it was frightening the least as i didn’t even had the courage to take out my mobile phone and record their acts as i knew if i did that. what fate would i meet at the hand of those kids.Here is what i have to say to the fellow SC/ST brothers and sisters, and just try to internalise what this country has done for you:You have been getting the alms of Reservation for more than 70 yrs and still if you are in the bottom of social ladder then i don’t know what will bring you at par.There have been 101 constitutional amendments till now. Just look at how many of these amendments are related to SC/ST welfare. If you don’t have so much time just look at 77th constitutional amendment, 1995 which nullified the Supreme Court ruling to implement reservation in promotions. Just see the desperation of successive govts. so that you get your freebies continuously and excessively. Modi govt. has already filed a review petition for the supposed “dilution” of SC/ST act.Recently CM Siddaramaiah of Karnataka said that the southern states are effectively subsidising the northern states as their contribution in the tax base is much more than what they get as devolution from Centre. Extrapolating the same logic, it can be very well argued that Dalits/Adivasis are living on the alms of upper castes as the their tax contribution is peanuts compared to what to they get. They are given heavy subsidies and priority like education, food subsidy, housing subsidy, banking loans and many other sectors.Now, I will bust all the arguments that the dalit sympathisers give on various platforms that i have gone through:-Dalits have been suppressed and ostracised section of society for 1000s of years and even now some sort of discrimination is practiced against them: The community which has faced most violence and discrimatory/demeaning attitude of hosts all over the world are the Jews. If you don’t know about it search Anti-Semiticism and its history. See their condition now. Highly affluent in Business, Politics, Science & Tech; with less than 0.1% of world population they have got around 20% of nobel prizes till now. Some of the famous jews are Albert Einstein, Neils Bohr, Sergey Brin, Larry Page, Scarlett Johansson; while you still can’t find anybody beyond BR Ambedkar or Jyotiba Phule. Regarding other historically dis-advantaged communities like Black Americans, Blacks in Europe who have faced the scourge of slavery, still subtle form of racism is followed against them. Terms like nigga etc. are still used to demean them. But still, if you follow Football, you will see that in teams like France, Germany etc. there is dis-proportionate over-representation of blacks in their team without any reservation. In India, take any institution where no reservation is followed like Indian Cricket Team, Indian Olympic Contingent, Private Sector Companies etc. You will not find dalits beyond 2–3% in them. So, the dark aspect of the past is not an excuse for your laggardness today.Talent is in every community and not a monopoly of Upper Caste: Its utter bullshit. The mere fact you need Reservation to show your talent in itself is a proof that the community getting Reservation is not meritorious. Just see how much Dalits would have made into IIT/IIM/IAS etc. had there been no reservations. I am sure it would be not even 5% which currently is 15% courtesy reservation. True, there are talented kids are even in lower caste. But see the macro-numbers of each community. For example in 2015, there were 180 seats for IAS of which 27 reserved for SC and only 4 SCs were actually in the range of Ranks 1 to 180 (incl Tina dabi who was disqualified in Prelims according to Gen cutoff). That means 85% (23 out of 27) of SC IAS officers have made it on the alms of other candidates. Another example: There are around 10,000 seats in all IITs from JEE every year. Had there been no reservation, the top 10,000 students would have have got admission in various IITs irrespective of caste. The SC rank corresponding to All India rank 10,000 is around 260–270 (fluctuates every year). But SC students admitted in various IITs is around 1500. That means again 85% (1250) SC students make into IIT crushing the dreams of other candidates who had better AIR then them.Similar story is in every other exam in India. Why would i not believe the dalits are not meritorious enough seeing these hard numbers.Dalits constitute around 20% of India’s population, while their reservation is only 15% still lower than their share of population: This argument of the inclusiveness protagonists is laughable to say the least. Just go to FIFA president and tell him: “Sir, India and China constitute more than 35% of world population and still there is no place for them in the upcoming FIFA world cup. It can’t called be world cup when 35% of the world population is given no representation”. India and China are not there because they are not good enough. Plain and Simple. Cricket, a sport which Indians are good at, learnt from the barbaric Britishers and have even outperformed them number of times. Its because we are good at it not because we begged ICC, “See we have been suppressed by these britishers from 200 years and before that Mughals and Before that other Islamic Invasion so kindly give us special privileges against England in cricket”. Moreover, the 50% non-reserved seats are something that are open to all castes. If your number is zilch is Open category and only dependent on the 15% reservation, it is due to your own non-competitiveness. And what message are you trying to give to the masses by giving seats proportional to population. That produce more kids to get your children greater share of the pie. Utter foolishness.First remove casteism from society, then talk about removing reservations: My friend, Casteism is a social phenomenon. There is no legal backing to casteism and the constitution already abolished untouchability, while Reservation is legal and constitutional. It has perpetuated caste system even stronger. While calling a dalit by his caste can invoke Prevention of Atrocities on SC/ST act, for availing reservation and caste related subsidies, you have to produce your caste certificate which clearly mentions your caste explicity like Chamar, Dusad etc. See the duplicity.To finish off, the anger that i saw in the eyes of the young dalit protestors vandalising and ransacking everything they got in the path, I am making a very bold prediction. India is heading towards a massive civil war in the coming 10–15 years between upper castes and lower castes. Reservation has completely destroyed the social fabric of this country. God save India.Edit:One of the fellow quoran has raised the issue of violence on 10th April Bandh during the anti-reservation protests and even compared it to the Bharath Band on 2nd April by SC/ST organistaions. I guess all of us know in which Bandh, more property was vandalised, daily life and commutation was more interrupted. It was non-arguably the Dalit Bandh. And moreover such type of retaliation by the upper caste only strengthens my belief that India will plunge into a full blown civil war in the coming decade or so if our politicians continue to go the way they are going. The simmering discontent amongst the upper caste because of lost opportunities and the dalit over-assertiveness will only make things worse for us. Awdhesh Sir in one of his answer has very rightly said: “Our law-makers in their INFINITE wisdom have decided that all SC/STs are innocent and speaking nothing but truth while the rest of Indians are crooks and liars. Therefore, if a SC/ST person makes an allegation against any other Indian, he should immediately be arrested because a Dalit can’t lie.” No major political party or leader threw their support behind the anti-reservation bharath bandh on 10th April. And You are comparing these two Bandhs.Again all those stories of discrimination experienced by lower caste people at the hands of upper caste in the comments. My friend, thats why i gave you the examples of Jews who have suffered much more than you but are doing much better than you because they don’t want crutches of reservation for their amelioration. Some of the users are also living in their own cocoon in which Jews were discriminated only during Nazi Germany. Kindly educate yourself regarding the anti-semitic sentiments right from the time of Roman Empire. There are many countries which got independence after or at the same time as us. But they are beyond our reach now. China was comparable to India till 1980s, now it has grown 5 times India. South Korea has become a technology powerhouse. Germany and Japan have become an epitome of quality manufacturing after getting ravaged by defeat of WW-2. And we are crying about exploitation of british even after 70 years and fighting on whom more atrocities was committed and who was more privileged. We have completely murdered Meritocracy in the name of Reservations. No surprise, we will never become a developed country in the 21st century; And our people will continue to lead the technology giants in Silicon Valley; successive politicians will sell the fake dreams of “New India” and people will continue to buy them.I don’t know whats this fascination of sharing water/food with upper castes that most of the dalit protagonists have mentioned in their comments. If someone doesn’t want to share water/food/colony with you then its their right. You can’t come to me and say you want to have food with me and if i deny then say i am practicing untouchability if you are from lower caste. Show some self respect and don’t want share anything with them, if they demean you in casteist sense and not share with you food or water. If they don’t want to marry with your caste then why are you eager to marry someone of their caste.On a lighter note, i could have easily added 1000 followers had i written this answer non-anonymously :-P. Thank You for the support as well as criticism. I cannot come with my name because i am a civil servant and we are not supposed to express freely on such issues on public platforms.
Who are some criminals you have the most respect for?
Lyle and Erik Menendez.These two brothers shot and killed both of their parents on August 20, 1989. Lyle was 21 years old and Erik was 18. They had killed entertainment executive José and Kitty, (his wife) in their home in Beverly Hills.So far, they seem pretty deserving of a lifetime in prison, correct? But wait until you hear why they did this; they were scared shitless for their lives. Afraid of their own parents. Why?Here’s a little bit of background on the two rich white kids:Stuart Hart is an educational child psychologist and a professor emeritus at Indiana University, where he taught for 30 years. He also served as an expert defense witness in the trials of brothers Lyle and Erik Menendez, for the 1989 shotgun murders of their parents Jose and Kitty Menendez at their Beverly Hills home. At the time, Lyle was 21 and Erik was 18.In that case, the prosecution argued that the brothers had been motivated by greed, pointing to the lavish shopping they did after the killings. The defense said the prime motive was Sexual Abuse the young men suffered at their father’s hands.After he began working on the case, Hart came to agree with the defense—when he took the stand, he argued strongly for the child-abuse defense. In 1996 Lyle and Erik Menendez were each sentenced to life in prison without the possibility of parole, but even today Hart views the homicides as a reaction to gross parental misconduct, rather than the work of cold, calculating killers.TL;DR, these two dudes had their father sexually abuse and molest them all throughout their childhood, Lyle having gotten off the hook when he was about 13 years old but Erik continuously getting raped and sexually harassed by his own fucking father until he was 18.Bullshit? I think not.The consistency of the reporting of it, and the details of the reporting of it. And the consistency of those details. And the fact that this is humiliating.You had an adolescent girl cousin who was saying that Lyle confided—not in terms of clearly stating what he was experiencing—but telling her he wanted to stay in her room.There was another cousin who Erik reported to. And that would’ve been quite a risk for them: As young children—Lyle was about eight or so—anything that got back to his father was going to mean serious problems. So much reporting of sexual abuse is a case of somebody describing what happened to them with nobody observing them.They had the proof, they had the witnesses, for these claims. At least, as much proof and evidence a person can get with this type of stuff.Just for an idea, look at the picture above. Why the ever-loving fuck is José holding Lyle by his crotch like that? Why not his stomach or some other body part?The murder happened after Lyle had found out that Erik was still getting sexually abused by his father at 18. The events as told by Erik in a news report in the following Quotations:"I remember it was Tuesday and I was coming in the front door of the house and mom and Lyle were coming out of the study and mom was screaming," Erik explains, speaking from a phone inside the walls of Donovan Correctional Facility."They were in an argument and Lyle was saying that he needed it and it was important and mom in a rage said, 'You don't ned your effing hair piece!' and she reached up and she ripped his hair off his head. I remember just being stunned by what happened."In old court testimony, Lyle explained that the alleged incident left him "completely embarrassed." "[Erik] didn't know I had a hair piece," he said. "My brother and I, there are things we don't talk about and that was one of them.""I told him not to worry about it, that he was my brother, that I loved him, basically saying I don't judge you," Erik continues, before detailing how the conversation then changed to another, darker topic."I asked him, 'Do you remember when I was a kid, you asked me if anything was happening between me and dad?' I said, 'Lyle, it's still happening,'" says Erik."He was like, 'What do you mean?' 'Still happening, just sexual things.' He got suddenly really upset. Saying how could I let that happen, did I enjoy it, why didn't I tell anyone, why didn't I stop it. I was crying and I started having a small panic attack."Erik says his brother then asked if their mother knew about the abuse. "I said 'no,' [but] he said, 'No, I think she does. I think mom knows."Lyle, in an effort to protect his younger brother approached and threatened José saying that, “You’re going to have to let him go; otherwise we’re going to tell.”Their father shot back saying that they’d never dare and deeply regret it if they did. This got them paranoid that he was going to kill them in fear of ruining his perfect reputation, leading to them planning on the murder.Time then comes and they do go through with the murder, killing both their parents. Personally, I think Kitty also deserved to die here. Along with fully knowing what was going on between them and their father and not doing anything to help, she also participated in her own form of sexual abuse.Until he was 13, his mother would wash his body "everywhere," he said. She also would invite him into bed with her and he would touch her "everywhere," he testified."I took it to be love," Lyle Menendez said, adding, "She was enjoying it." But he was not enjoying it, he said, so he stopped the activities, which enraged her.Throughout his adolescence, he said, she "harassed" him with increasingly bizarre sexual conduct.Ew. How fucking disgusting. These people are sick, their kids didn’t ask for this. Killing their parents seemed like the only way out for them and honestly, I perfectly understand why.There was a lot of evidence for them here. With witnesses testifying the boy’s claims and maids having said to have found child pornography magazines in José’s office to other people claiming to have been sexually harassed by him as well.Though not many people were willing to risk ruining their reputations by testifying it in court, ultimately resulting in a lack of presented evidence as opposed to available evidence.The first two trials they had were out of sync. The first jury declaring them innocent but faced backlash from the public who wanted them locked up for good. It was declared a mistrial and they restarted the entire case in front of the second jury, unfairly forbidding the mentions and evidence of sexual abuse as reasons to support their claims for self-defense.Some people from the second jury later stated that if they had been told about the sexual abuse and the family history, they would have never placed them as guilty and resulted in giving them life without parole.It’s pretty funny that the judge had to take an unfair route like that to actually win the case against the two. This also happened around the same time of the OJ Simpson case so it didn’t help either.I sometimes wonder how different things would be right now if the Menendez brothers were the Menendez sisters instead.
What are the bills, laws and policies that are important to study for the Civil Services Exam?
This is a good question, let's enumerate some important laws which came in the newspapers in the past 12 months.We shall make this post crowd-sourced. And we are planning to reward our contributors by giving them credits* -Detailed Well Presented 100 word Explanation - 2000Giving Valid Links and a Small Brief - 1000Giving Names of New Laws - 500Contributors (As of now) - Jai Parimi, Divya Malika, Prasanna, Ashutosh Pandey, Arihant Pawariya (अरिहंत पावङिया), Divya Choudhary (दिव्या चौधरी), Varsha Singh, Priyanka Peeramsetty, User, Gaurav Kumar, Jagannadh, Arpit Pareek, Nikhil Deshmukh, Harshit Ladva1) The National Judicial Appointments Commission Bill, 2014 and the 99th Constitutional AmendmentA bill to provide for the composition of the Judicial Appointments Commission for the purpose of recommending persons for appointment as Chief Justice of India and other Judges of the Supreme Court, Chief Justices and other Judges of High Courts, its functions, procedure to be followed by it and for matters connected therewith or incidental thereto.Key Issues and AnalysisThe current method of appointments has been examined by various bodies including the Law Commission and the Parliamentary Standing Committee. They vary in the role of the executive and judiciary in making appointments of judges.The composition of the JAC has not been included in the Constitution, but has been left for Parliament to decide by law. This implies that modifying the composition of the JAC would not require a constitutional amendment, but may be altered by a simple majority in Parliament.The Standing Committee examining the JAC Bill has recommended that (i) the JAC be composed of three eminent persons, (ii) the broad parameters for short listing of candidates for HC appointments be laid down in the Bill, and (iii) the center also consider the setting up of state level appointments commissions comprising the Chief Minister, the Chief Justice of HC and the Leader of Opposition.2) Land Acquisition, Rehabilitation and Reservation Act, 2013Objective - The principle objective of the new bill is fair compensation, thorough resettlement and rehabilitation of those affected, adequate safeguards for their well-being and complete transparency in the process of land acquisition. The title has been amended to reflect this.Need - There is unanimity of opinion across the social and political spectrum that the Old Law (The Land Acquisition Act 1894) suffers from various shortcomings and is outdated. Some of these include Forced acquisitions, No safeguards, Silent on resettlement and rehabilitation of those displaced, Urgency clause, Low rates of compensation, Litigation. To say the least, the Old Act needs to be replaced at the earliest by fair, reasonable and rational enactment in tune with the constitutional provisions, particularly, Article 300A of the Constitution.Link - Land Acquisition, Rehabilitation and Resettlement Act, 20133) Companies Act, 2013 (CSR Pref)Objective - Effective from financial year 2014-15, every company, private limited or public limited, which either has a net worth of Rs 500 crore or a turnover of Rs 1,000 crore or net profit of Rs 5 crore, needs to spend at least 2% of its average net profit for the immediately preceding three financial years on corporate social responsibility activities.Impact - The CSR activities undertaken by the companies will benefit hunger and poverty eradication, promoting preventive healthcare, promoting education and promoting gender equality, setting up homes for women, orphans and the senior citizens, measures for reducing inequalities faced by socially and economically backward groups, ensuring environmental sustainability and ecological balance, animal welfare, protection of national heritage and art and culture and many more.Link - Companies Act, 2013, Companies - It's a good articlePRSIndia– This describes the whole of companies act – Checkpoint 135 for CSR4) Right to Information Act (RTI), 2005Objective - Landmark bill, which realized the Right to seek and access Information in line with the interpretation of Art.19(1)(a) of our constitution.Impact - Champion to ensure Transparency and accountability in the governance procedures. it enforces the right of every citizen of India to have an access to the information regarding any money given by the State to any authority, thereby causing such authority to utilize such money reasonably and judiciously and also for keeping a check over their conduct and indulgence in corrupt activities. In 2002, SC’s verdict gave the citizens have a right to know about charges against candidates for elections as well as details of their assets, since they desire to offer themselves for public service and public servants cannot claim exemption from disclosure of charges against them or details of their assets. It is a powerful tool which can be realised in changing social dynamics and needs.Criticism - Debates regarding the ambit of RTI’s scope have been articulated, to be extended, say to the political parties, temples, schools and also privatized public utility companies. Evidences of misusage have come to the limelight, say Naxalites using RTI’s to check the assets of local landlords to loot themGuide to RTI : Page on rti.gov.in5) Special Economic Zones (SEZ) Act, 2005Objective - The SEZ Act is expected to give a big thrust to exports and consequently to the foreign direct investment (“FDI”) inflows into India, and is considered to be one of the finest pieces of legislation that may well represent the future of the industrial development strategy in India. The new law is aimed at encouraging PPP to develop world-class infrastructure and attract private investment (domestic and foreign), boosting economic growth, exports and employmentImpact - The government gets the capital needed to establish the required infrastructure and also the expertise. SEZ’s with relaxed import tariffs help the Import dependent and export driven industries to flourish. SEZ’s create immense employment opportunities and improve the country’s foreign export.Criticism - Practical implementation witnesses several backlogs ranging from regional disparities, grabbing arable land, labour laws issues and supply chain management which fail to be addressed effectively through the bill6) Criminal Law (Amendment) Act, 2013Objective -The government introduced the Bill to redefine the offence of rape and amend the penal laws in line with the recommendations of the Law Commission and the National Commission for Women. The government withdrew the previous Bill and Ordinance, and introduced the Criminal Law (Amendment) Bill, 2013. The changes wrt the ordinance in the act are:Impact - Popularly known as the Anti-rape bill, this came out of the protests of 2012 Delhi Gang rape case.Criticism - For not including certain suggestions recommended by the Verma Committee Report like, marital rape, reduction of age of consent, amending Armed Forces (Special Powers) Act.Some detailed work: http://www.atimysore.gov.in/workshops/wppts/gender_issues/crim_law_amnd_2013_drjagadeesh_jsslaw_college.pdf7) Sexual Harassment of Women at Workplace Act, 2013Objective - To provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. the protection against sexual harassment and the right to work with dignity are universally recognized human rightsImpact - On a broader line, this ensures safe work environment for women against sexual abuse at work place and is capable of garnering a greater female work force and these are the Major features the act provides for.Criticism - It does not cover women in the armed forces and excludes women agricultural workers, "a gross injustice to agricultural workers. The burden of proof is on the women who complain of harassment. If found guilty of making a false complaint or giving false evidence, she could be prosecuted, which has raised concerns about women being even more afraid of reporting offences. Furthermore, the law requires a third-party NGO to be involved, which could make employers less comfortable in reporting grievances, due to confidentiality concerns.8) DNA Profiling Bill, 2012Purpose - DNA analysis makes it possible to determine whether the source of origin of one body substance is identical to that of another, and further to establish the biological relationship, if any, between two individuals, living or dead without any doubt.Tip - Lawful purposes of establishing identity in criminal or civil proceedings.Impact - It will be essential to establish standards for laboratories, staff qualifications, training, proficiency testing, collection of body substances, custody trail from collection to reporting and a Data Bank with policies of use and access to information therein, its retention and deletion.DNA Data Bank Manager will supervise, execute and maintain this system and a DNA Profiling Board of eminent scientists, administrators and Law enforcement officers will administer and carry out other functions assigned to it under this Act.Link - DNA Profiling Bill - PDF9) Nuclear Safety Regulatory Authority Bill, 2011Purpose - So far, India has excellent record in nuclear safety and radiation safety; but the Central Government intends to promote nuclear energy to meet shortfall in total energy requirement of the country; and whereas such excellent safety record in nuclear safety and radiation safety is required to be sustained for growth in the nuclear energy sector.Impact - Now, therefore, it has been considered necessary and expedient to establish regulators to ensure continued excellence in nuclear safety and radiation safety in all applications of radiation and atomic energy on a large scale.10) Civil Liability for Nuclear Damage Bill, 2010Purpose - As the name itself indicates that it is an Act to provide for civil liability for nuclear damage and prompt compensation to the victims of a nuclear incident through a no-fault liability regime channeling liability to the operator.Impact - Appointment of Claims Commissioner, establishment of Nuclear Damage Claims Commission connected there with.11) IT Act, 2000 and IT (Amendment) Bill, 2006Purpose - It is an Act to provide legal recognition for the transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "Electronic Commerce", which involve the use of alternatives to paper based methods of communication and storage of information, to facilitate electronic filings of documents with the Government and other related agencies.Tip - It is renamed as the Information Technology Act, 2008Impact - To promote efficient delivery of Government services by means of reliable electronic records.12) National Green Tribunal Bill, 2009Purpose - For the effective disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal rights relating to environment and giving relief and compensation for damages to persons and property.Impact - National Green Tribunal law is enacted in view of the involvement of multi-disciplinary issues relating to the environment and also to implement the decisions taken at Rio de Janeiro and Stockholm Conferences.Link - NGT Bill - PDF13) Monopolies and Restrictive Trade Practices Act, 1969Objective - It is designed to ensure that the operation of the economic system does not result in concentration of the economic power to the common detriment.The act also provides for probation of monopolistic, unfair and restrictive trade practices.Impact - The MRTP Commission if on enquiry concludes that the practice under consideration is of restrictive or unfair in nature , it may:Order discontinuation of the practice and restrict its repetition (cease and desist order ), the agreement shall be void and shall stand modified as may specified in the order. It extends to the whole of India except the State of Jammu and Kashmir.Link - MRTP Act, 196914) Mines and Minerals (Development & Regulation) Amendment Bill, 2008(Coal scam and SC verdict, so important)Objective - To develop and regulate mining & mineral industries and bring it under the control of one union by setting up mineral funds on National level, granting concessions, share benefit schemes while preventing illegal mining.Impact - Safeguards on regulating and safe disposal of waste in consonance with environmental norms will be incorporated. Through implementation of proper taxing and speedy approvals on action against violations illegal mining will be preventedLink - Mines and Minerals (Development and Regulation) Amendment Bill 200815) Whistleblower Protection Bill, 2011It seeks to establish a mechanism to register complaints on any allegations of corruption or wilful misuse of power against a public servant. The Bill also provides safeguards against victimisation of the person who makes the complaint.Highlights of the BillThe Bill seeks to protect whistleblowers, i.e. persons making a public interest disclosure related to an act of corruption, misuse of power, or criminal offence by a public servant.The Vigilance Commission shall not disclose the identity of the complainant except to the head of the department if he deems it necessary. The Bill penalises any person who has disclosed the identity of the complainant.Key Issues and AnalysisThe Bill aims to balance the need to protect honest officials from undue harassment with protecting persons making a public interest disclosure. It punishes any person making false complaints. However, it does not provide any penalty for victimizing a complainant.16) Juvenile Justice(Care and Protection) Bill 2014Objectives: The Bill seeks to achieve the objectives of the United Nations Convention on the Rights of Children. It specifies procedural safeguards in cases of children in conflict with law. It seeks to address challenges in the existing Act such as delays in adoption processes, high pendency of cases, accountability of institutions, etc. The Bill further seeks to address children in the 16-18 age group, in conflict with law, as an increased incidence of crimes committed by them have been reported over the past few years.Coverage: The Bill defines a child as anyone less than 18 years of age. However, a special provision has been inserted for the possibility of trying 16-18 year old committing heinous offenses, as adults. A heinous offense is defined as one for which the minimum punishment under the Indian Penal Code is seven years.17) Citizens Charters & Grievance Redressal Bill, 2011. (CCGR)The Citizen's Charter and Grievance Redressal Bill 2011 also known as The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 or Citizens Charter Bill was a proposed in Lok Sabha in December 2011. The bill lapsed due to dissolution of the 15th Lok Sabha.The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 lays down obligations of every public authority towards citizens, specifying delivery of goods and services in a time-bound manner and providing for a grievance redressal mechanism for non-compliance of citizens charter.Highlights :The Bill makes it mandatory for every public authority to publish a Citizen’s Charter within six months of the commencement of the Act.The Citizen’s Charter shall list the details of the goods and services provided by a public authority; the name of the person or agency responsible for providing the goods or services; the time frame within which such goods or services have to be provided; the category of people entitled to the goods and services; and details of the complaint redressal mechanism.Grievance redress officer : It requires every public authority to designate grievance redress officers in all public offices to enquire into and redress any complaints from citizens in a timeframe not exceeding 30 days from the date of receipt of the complaint.Public Grievance Redressal Commissions : The Bill provides for constitution of the state public grievance redressal commission and the central public grievance redressal commission consisting of chief commissioners and other commissioners.Penalty : DA and Commission can impose fine of Max. Rs 50000 to concerned officials/GRO. The penalty shall be recovered from the salary of the official. Such penalty may be awarded as compensation to the appellant.Corruption Prevention : The Designated Authority and the Commissions may refer a matter to the appropriate authorities if there is prima facie evidence of a corrupt act under the Prevention of Corruption Act, 1988. An appeal against the decision of the Central Commission shall be filed before the Lokpal. An appeal against the decision of the State Commission shall be filed before the Lokayukta.Criticism :Against federal Spirit : Citizens’ charter bill provides for GRO and Grievances Commission at state and central level, but Parliament doesn’t not have jurisdiction to enact such law. Only State legislature has jurisdiction to make laws regarding state public services.More than ten states have already enacted a Citizen Charter Act or Public Services Guarantee Act in their respective states. Many of these state laws have provisions that are much better than the proposed Bill.Lack of Autonomy : According to the bill, the commissioners may be removed without judicial inquiry.Duplication of work : Several states have their own grievance redressal laws, The mechanism provided under these laws is different from that provided under the Bill. This will lead to duplication of work and organizations.MNREGA Act, RTE Act, National Food Security Bill, and the Public Procurement Bill also have their own grievances redressal forums. This will again lead to more duplication.Sources :Copy of Bill : Page on prsindia.orgSummery of Bill : Page on prsindia.orgWiki Page : Citizen's Charter and Grievance Redressal Bill 2011Mrual Page : Citizens Charter Bill 2011: Salient Features, Issues, CriticismRediff Page : All you need to know about the Citizen's Charter Bill18) Right to Education Act, 2009The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), was enacted on 4 August 2009, which describes the rules and regulations for free and compulsory education of children between 6 and 14 under Article 21A of Constitution. India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010.Highlights :The Right of Children to Free and Compulsory Education (RTE) Act 2009 stipulates that private schools reserve 25 per cent of seats at the entry level for children belonging to ‘disadvantaged groups’ and ‘weaker sections’.The Act also provides that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. There is also a provision for special training of school drop-outs to bring them up to par with students of the same age.Mentally and physically challenged children, entitled to free education in special schools, were included in the definition through an amendment in 2012.It also prohibits all unrecognised schools from practice, and makes provisions for no donation or capitation fees and no interview of the child or parent for admissions.Criticism :The act has been criticised for being hastily-drafted, not consulting many groups active in education, not considering the quality of education, infringing on the rights of private and religious minority schools to administer their system, and for excluding children under six years of age.Problems faced :Poor Response : Lack of awareness about the Act, inability to meet the distance criteria and difficulty in obtaining necessary certificates from government authorities could be some of the reasons for this.The Act provides for admission of children without any certification. However, several states have continued pre-existing procedures insisting that children produce income and caste certificates, BPL cards and birth certificates.The Act is not applicable to private minority schools and boarding schools.Report on the status of implementation of the Act released by the Ministry of Human Resource Development admits that 8.1 million children in the age group six-14 remain out of school and there’s a shortage of 508,000 teachers country-wide.Conclusion :For all its flaws, the RTE Act is a progressive piece of legislation that aims to take education to the masses and fill the gaps in the social system.Sources :Copy of Act : Page on ssa.nic.inWiki page : Right of Children to Free and Compulsory Education ActHindu Article : Advantages and disadvantages of RTE Act19) Protection of Children from Sexual Offences Act, 2013 (POSCO)Objective – The act aims at ensuring protection of children from sexual abuse.Pros –1. Gender Neutral bill. 53% victims of children are victims.2. Stringent punishment (upto life imprisonment)3. Covers broad range of sexual crimes such as non-penetrative sexual assault, sexual harassment, and the use of children for pornography4. Includes special procedures to prevent the re-victimisation of children at the hands of an insensitive justice delivery system5. Protects victims identity and provides assisting legal, medical and psychological facilitiesCons –1. Criminalises all consensual sexual contact below 18 years age.2. The age provision is not in consonance with other acts.3. Regressive and draconian considering today’s social realities. Children are increasingly aware of each others sexualities at early age.4. Child marriage is prevalent on large scale. The age provision ignores this reality. Liable to bogus and unjustified complaints.Source – The Hindu : Good Act, bad provision20) The Prevention of Corruption (Amendment) Bill, 2013Objective – The act aims to combat corruption in government agencies and public sector businesses in India.Pros -1. Covers the offence of giving a bribe to a public servant under abetment. Specific provisions related to giving a bribe to a public servant, and giving a bribe by a commercial organisation.2. Redefines criminal misconduct to only cover misappropriation of property and possession of disproportionate assets.3. Modifies the definitions and penalties for offences related totaking a bribe, being a habitual offender and abetting an offence.4. Introduces Powers and procedures for the attachment and forfeiture of property of public servants accused of corruption.5. The Act requires prior sanction to prosecute serving public officials. The Bill extends this protection to former officials.Cons -1. The Bill makes giving a bribe a specific offence. There are diverging views on whether bribe giving under all circumstances must be penalised. Some have argued that a coerced bribe giver must be distinguished from a collusive bribe giver.2. The Bill has deleted the provision that protects a bribe giver from prosecution, for any statement made by him during a corruption trial. This may deter bribe givers from appearing as witnesses in court.3. The Bill has replaced the definition of criminal misconduct. It now requires that the intention to acquire assets disproportionate to income also be proved, in addition to possession of such assets. Thus, the threshold to establish the offence of possession of disproportionate assets has been increased by the Bill.4. By redefining the offence of criminal misconduct, the Bill does not cover circumstances where the public official: (i) uses illegal means, (ii) abuses his position, or (iii) disregards public interest and obtains a valuable thing or reward for himself or another person.5. Under the Act, the guilt of the person is presumed for the offences of taking a bribe, being a habitual offender or abetting an offence. The Bill amends this provision to only cover the offence of taking a bribe.Source - The Prevention of Corruption (Amendment) Bill, 201321) Assisted Reproductive Technologies (ART) (Regulation) Bill 2010Objective – The bill aims at legalizing (commercial) surrogacy.Pros –1. Offers legal protection to child and surrogate mothers.2. Regulation of IVF/ART clinics and holding them Accountable for ensuring best medical practices.3. Curbs exploitation of mother. Limits number of child births per mother to five.4. Introduces age limit for surrogate mother – 21 to 35.5. Ensures Child’s citizenship to be same as parents.Cons –1. Legal back up will lead to widespread commercialization of surrogacy, posing serious ethical, moral and philosophical questions.2. Mandatory certificate ensuring legality of surrogacy in foreign couple’s home country needed. Impediments in smooth commercial functioning.3. No provision in the bill if parent’s change their mind or die. Child’s responsibility in this case is debatable.4. Plethora of in-genuine clinics in India. Exploitation of poor and illiterate mothers because of their incapability to understand legalities involved.Source - Issues of surrogacy, PIB English Features22) Biotechnology Regulatory Authority Bill, 2013Objective - The Bill sets up an independent authority, the Biotechnology Regulatory Authority of India (BRAI), to regulate organisms and products of modern biotechnology.Pros –1. BRAI will regulate the research, transport, import, containment, environmental release, manufacture, and use of biotechnology products.2. Regulatory approval by BRAI will be granted through a multi-level process of assessment undertaken by scientific experts.3. BRAI will certify that the product developed is safe for its intended use. All other laws governing the product will continue to apply.4. A Biotechnology Regulatory Appellate Tribunal will hear civil cases that involve a substantial question relating to modern biotechnology and hear appeals on the decisions and orders of BRAI.5. Penalties are specified for providing false information to BRAI, conducting unapproved field trials, obstructing or impersonating an officer of BRAI and for contravening any other provisions of the Bill.Cons -1. The Tribunal has jurisdiction over a ‘substantial question relating to modern biotechnology’ – An ambiguous term.2. The Tribunal will consist of one judicial member and five technical members. This is not in conformity with a SC decision that the number of technical members on a bench of a Tribunal cannot exceed the number of judicial members.3. The Tribunal’s technical members shall be eminent scientists or government officials with experience in the field. It is unclear whether the technical expertise of the latter can be equated with the former.4. The Bill does not specify any liability for damage caused by a product of biotechnology. Therefore, it will remain open to the courts to determine liability arising out of any adverse impact of modern biotechnology.5. Tribunal will not accept complaints from civil society, in spite of the fact that the Bill directly or indirectly affects every citizen. No public consultation done.6. Non clarity over Dept of GoI that will service BRAI. No mention of mandatory labelling of GM crops.7. Takes away rights of states to decide on Agriculture, which is state subject.8. The Convener of the Selection Committee for members of BRAI will be from the Department of Biotechnology (DBT), which is a vendor of genetic engineering (the technology that BRAI is supposed to regulate) in the country. Conflict of Interest will arise.Source - The Biotechnology Regulatory Authority of India Bill, 2013Unconstitutional, unethical, unscientific23) Coal Regulatory Authority Bill, 2013ObjectiveTo set up an independent regulatory body for the coal sector that shall help in the regulation and conservation of coal resources and will benefit all stakeholders i.e. - coal companies, coal consuming industries such as power, steel, cement and coal bearing States and people, directly or indirectly associated with the coal industry.A fund called ‘The Coal Regulatory Authority Fund” is created to credit all the receipts and fees received.Constituents1 chairperson + 4 members. One each from legal , technical , administrative and financial wings. All to be selected by a committee of Group of Ministers (GoM) headed by Cabinet Secretary.What will it do ?Inject transparency in allocation of coal blocks.Decide and Monitor operational norms and mining closure compliances and such.Determine pricing of the fuel and publishing surveys, information, statistics, etc related to coal sector and coal quality.Adjudicate disputes between entities and between entities and other persons.Advise government on technologies, policy, promotion, investment etc.Ref :- The Coal Regulatory Authority Bill, 2013,Coal Regulatory Authority Bill likely in Winter session24) eWaste (Management and Handling) Act, 2011What is it ?E-waste has beendefined as “waste electrical and electronic equipment, whole or in part or rejects from their manufacturing and repair process, which are intended to be discarded”.AIM :-Reduction in the use of hazardous substances in electrical and electronic equipment.Specifying threshold for use of hazardous material including lead, mercury and cadmium.Ministry of Environment & Forest (MoEF) thus introduces the concept of "Extended Producer Responsibility".How will it work ?It fixes responsibilities on every producer, seller, consumer or bulk consumer, collection centre, dismantler and recycler of e-waste involved in the manufacture, sale, purchase and processing of electrical and electronic equipment or components.E.g. :Recycling of E-Waste generated during manufacturing and "End of Life" of electronic and electrical equipments.Setting up of collection centres by companies or individuals to collect E-waste and discard them.Setting up of funds by corporate to boost scientific and eco-friendly disposal of E-waste.CritiqueNo accountability set on anyone.E-Industry remains skeptical of the efficacy of this act.No specific targets set.Ref :- @E-waste management rules kick in today@Page on moef.nic.in25) Prevention of Communal and Targeted Violence Bill, 2011What is it ?The bill is intended to prevent “any act or series of acts, whether spontaneous or planned, resulting in injury or harm to the person and or property, knowingly directed against any person by virtue of his or her membership of any group."How ?The billAddresses identity-based or targeted crimes and organised mass violence as special offences.Places accountability of public officers with varying penalties for dereliction of duty it.Provides for the creation of a National Authority and the State authorities to ensure justice and reparation.Addresses issues faced by specific communities like economic boycott, denial of public service, forced migration , hostile environment etc.Empowers state and center government to intercept any messages and communication that it feels might lead to communal violence.Sets up district level authorities to assess compensation.CritiquesCurbing freedom of expression by terming it as Hate propaganda.Presumption of guilt and burden of proof on the accused – The accused will have to prove innocence.All the persons acting under this Act will have blanket of protection of action taken in good faith.Brings civil servants in direct line of fire by vaguely defining "dereliction of duty".26) Competition Act, 2002The Competition Act was passed in 2002Competition Commission of India (CCI) was established on March 1, 2009 as an autonomous body comprising of a Chairperson and six members.CCI not only hears and investigates cases based on the information received by it, but it also takes suo moto action wherever it finds that a prima facie violationCommission had taken suo-moto cognizance of the reported manipulation of the bids by manufacturers of LPG cylinders for supplying cylinders to the Indian Oil CorporationMany more such notices have been sent by CCI in the Petroleum sector, Agricuture sector etc. taking cognisance suo-moto.Role of trade associationsCompetition law treats the activities of trade associations much like any other form of cooperation between competitors.decisions or recommendations of trade associations are treated as agreements between its members and law may be breached even when they are not binding on the members.CCI imposed a nominal penalty of Rs. 1 lakh each on 27 film producers on charges of colluding through an association to exploit multiplex owners.number of cases involving the associations in the Pharmaceutical sector/Film production etc where CCI has passed orders against the associations and asked them to “cease and desist” from activities that may be anti-competitive in nature.Public Procurement and Competition LawPublic procurement is a contentious issue vis-à-vis application of competition lawpublic enterprises, which are generally the big procurers, are subject to competition assessment.Commission has decided a number of matters, including cartelization in government contracts. Penalties have been imposed on firms to discourage the anti-competitive practices and abuse of dominanceCompetition Commission of India is set to change the rules of the game and play the role of a watchdog to check anti-competitive practices in the markethttp://echoofindia.com/reflex-action/competition-commission-india-4-years-enforcement-competition-law-3216927) Prasar Bharati (Amendment) Bill, 201028) Prevention of Money Laundering Act, 200229) Prohibition of Employment as Manual Scavengers and their Rehabilitaion Act, 2013. (Important, Swachh Bharat Abhiyan)30) Child Labour (Prohibition) Act, 198631) Scheduled Tribes and Recognition of Forest Rights Bill, 200632) Environment Protection Law, 198633) Wildlife Protection Act, 197234) The Electricity Act, 200335) Panchayat Extension to Scheduled Areas Act, 199636) Securities and Exchange Board of India Act, 199237) Factories Act 1948/Amendment Bill 201438) Apprentice Act 1961/ Amendment Bill 201439) The Pension Fund Regulatory And Development Authority Act, 201340) The Real Estate (Regulation and Development) Bill, 201341) Benami Transaction (Prohibition )Act, 198842) The National Food Security Act, 201343) Pesticides Management Bill, 2008*Maximum Credits per Person - 5000**Contributors earning more than 1000 credits <must> -a) Promote to at least 100 people.b) Share this list everywhere. :P :P LOL !Thank you all. :)Thanks for the A2A Anon. :)
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