Important Legislations, Notes by UPSC Topper Ravisankar Sarma IFos Rank 37

Important Legislations/ Amendments

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Index

Governance

1. Prevention of Corruption Act
2. Right to Information (Amendment)
3. Whistle-Blowers Protection Act (Amendment)
4. Aadhaar and Other Laws (Amendment Bill)

Social Justice

1. Sexual Harassment at Work Places: Refer I learn Key GS2 Test 2
2. Domestic Workers Act
3. Maternity Benefit Act
4. Triple Talaq Ordinance
5. Child Labour (Amendment) Act
6. Juvenile Justice Act, 2015
7. POCSO Act
8. Transgenders Protection Bill
9. Persons with Disabilities Rights
10. Prevention of Torture Bill
11. Forest Rights Act
12. PESA
13. National Medical Commission Bill
14. Surrogacy (Regulation) Bill
15. Trafficking of Persons (Protection) Bill
16. Right to Disconnect Bill
17. Land Acquisition, Rehabilitation and Resettlement Act, 2013

Economics

1. FRDI Bill
2. Fugitive Economic Offenders Bill
3. FRBM Act
4. Consumer Protection Rights Bill: I Learn GS3 Full Test 1
5. Labour Code

Polity

1. Citizenship Amendment Bill

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Prevention of Corruption Act (Amendment Bill)

Provisions

1. Criminalized Collusive Bribery: Giving bribe also an offence just like taking a bribe. A safeguard is provided for coercive bribery
2. Prior approval for inquiries against serving and retired public officers by concerned authorities like the CVC
3. Immunity from arrest for all public officers unless for on the spot charges
4. Time-bound trial of the case in courts preceded by a special judge within 2 years
5. Stringent Punishment: Under the Act, Punishment of 3 to 7 years is provided to convicts
6. Definition of criminal misconduct altered to misappropriation of assets or property for individuals own benefit or allowing any other person to do so
7. Immediate Forfeiture: Law Enforcement empowered for immediate attachment and confiscation of illegally obtained assets and property

Analysis

• Criminal misconduct definition may have been narrowed to exclude non-material forms of corruption
• Prior approval provision can avoid harassment of honest officials, avoid frivolous litigation and enable fearless conduct for honest public servants. On the other hand, the prior approval clause introduces another red tape that can impede the investigation and lead to a lower conviction rate
• The POCA act entails a systemic shift to bribe givers rather than bribe-takers that may be unduly harsh on those coerced into corruption

Right to Information (Amendment Bill): Issues

• Dependence of the Commission: The act makes the CIC subordinate to the government as he is accorded a salary and term as determined by the Union government. This threatens the independence of the commission and provides space for arbitrariness of the executive
• Constitutional Nature Diluted: The bill does not provide equal constitutional status to CIC in comparison to CEC
• Unitary Nature: The act mandates that the central government can decide on the salaries and allowances of both Central and State Information Commissions

Whistle-Blowers Protection Amendment:

A whistleblower is not merely any government official who comes across corruption in his official capacity, but any NGO or citizen who has provided the information with regard to the corrupt, arbitrary and criminal acts of any government official

What does WBP offer?

• Anonymity: Concealment of the identity of the whistleblower
• Protection against victimization: Suspensions, transfers and threats of violence including police protection and penalising perpetrators of victimization

Amendment to WBP and associated issues

• Persecution of Whistleblowers: The amendment takes away the immunity accorded to Whistle-Blowers from legal actions and makes them open to persecution under the draconian Official Secrets Act (OSA)
• Deterrence from Whistleblowing: OSA act has a jail term of 14 years and can deter honest officials from exposing corrupt and criminal activities. It defeats the purpose of the Whistle-Blowers Protection Act and seeks to weaken whistleblowers rather than empowering them
• The amendment also seeks to cut down on the information that can be exposed and prohibits any inquiry into issues which might be detrimental to national security, sovereignty, integrity and economic interests. The exemptions that apply to RTI hence apply for whistleblowing also

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Aadhar and Other Laws (Amendment Bill)

• Offline Verification of Aadhar Number Holder: The Bill allows offline verification of aadhar through modes specified by UIDAI and with consent of individual, inform them of alternatives to sharing information and not collect or store biometric information/ Aadhar number
• Voluntary Use of Aadhar to verify identity: An individual can voluntarily use aadhar to verify his/ her identity either through authentication/ offline verification.
• Entities Using Aadhar and its authentication by way of
  • Meeting privacy and security standards set by UIDAI
  • Permitted by Law
  • Seeking authentication for the purpose specified by the government
• Aadhar and Children: Enrolling child to obtain an Aadhar number, the guardian of a child shall be informed on
  • Manner of Information use
  • Sharing Recipients
  • Right to Access the Information
• Disclosure of Information
  • If a high court so specifies that abridges the confidentiality and security in exceptional circumstances
  • Allows disclosure of information on the order of secretary or above
• UIDAI Fund: All fees and revenue collected by the UIDAI shall be credited to UIDAI Fund and not CFI. It shall be used to provide salaries of UIDAI staff and account for its expenses
• Grievance Redressal: The Bill allows individual to register complaints in cases of impersonation or disclosure of identity. UIDAI may initiate a complaint in cases of
  • Failure to comply with its directions
  • Furnish the information required by UIDAI

Domestic Workers Regulation of Work and Social Security Bill, 2016

• Regulation of Domestic Work: To monitor domestic workers by making mandatory registration of employer and worker
• Setting up Social Security Fund: Mandates collection of cess from the employer which would be utilised for social security fund of the worker
• Rights-Based Approach: The workers’ access would be mediated through an ID card which achieves the objectives of police verification sans criminalisation but empowering them through a rights-based approach

Maternity Benefit Act 2017

Rationale Behind the Act: Women informal sector were forced to return to work after pregnancy without adequate rest and recovery. This deprives them of reproductive health, wages and discourages women from workforce participation.

            The maternity benefit act statutorily obliges companies in the formal sector to grant 26 weeks of paid leaves. This would enable women to rest and recover without the worry of salary

Provisions of the Act

• 26 weeks compulsory maternity leave for women in the case of first 2 children
• 12 weeks of maternity leave available to commissioning mothers as well as adopting mothers
• Creche facilities for companies employing 50 women or more
• An employer may permit work from home

Benefits of the Act

• Reproductive Health: Time off from work enables women to recover from the exertions of pregnancy. This is pivotal to both the emotional and physical health of the mother.
• Incentivize Women to join the workforce: Increased securities provided in jobs can dispel doubts of women on whether to take up employment or not
• Gender Equality in Professional Spheres: The maternity benefit act is a giant step towards achieving gender equality in professional spheres. It seeks to bridge disparities of biological makeup that deprive women from equal opportunity in occupational spheres
• Rights-based Approach: The legislation puts a statutory obligation on companies from whom women can now demand it as their right. This gives them the feeling of being empowered liberated from biological inequalities
• Health of Child: The act also provides for crèche facilities in enterprises of 50 or more employees. This eases the double burden on working mothers
• Better Income: The statutory paid leaves helps to maintain the purchasing power of women easing access to goods and services post-pregnancy.

Concerns of the Act

• Hurt Job Prospects of Women: A statutory obligation of 26 weeks leave may prove to be a disincentive for a company from hiring women. If that were the case, it would compound the declining labour force participation among women. The Survey 2017 notes 10% decline from a peak level of 35%
• Cost Burden on Employer: The cost of labour and infrastructure may prove to be a burden on the employer affecting profit and operational management

Way Forward

• Paternity Leaves: Child care should not be treated as the duty of women alone. The dichotomous gender role mapping needs to be eliminated to liberate women from discriminations in job prospects and layoffs
• State Support: The state can provide financial support or tax incentives to employers who employee women to relieve the cost burden
• Pool Resources: Companies located proximate to each other can pool in resources to create crèche infrastructure for children of working women. This can save the land and budgetary resources
• Flexi-times or Work from Home: IT and E-commerce sectors are highly suited to work from home modes of work. This can help in tackling twin problems of child care and labour costs
• Awareness campaigns to change gender roles