Rupee depreciation against All Major Foreign Currencies

We are hearing one of the arguments regarding exchange rate, that The US economy is becoming strong, is the reason for depreciation of Indian Rupee against Dollar.

Whereas this is not a correct argument, as Indian Rupee is depreciating against all major Foreign Currencies. Below is the list of 16 Foreign Currencies, which is notified by Ministry of Finance for using it for Import Declaration at Customs.

Out of 19 Currencies 16 Currencies has depreciated on an average 18 - 19% in last 8 months, from January, 2013. Few currencies have depreciated even up to 22%.

The currencies which have depreciated approx 5% are Australian Dollar, Danish Kroner & Japanese Yen.

Right to Vote @ 16

Twenty five years before, in year 1988, Article 326 of Constitution was amended. The 61^st amendment Act empowered youth with right to vote. The age of 21 years was lowered by the then government to 18 years.

The decision was welcomed by all as this was a step towards empowering youth and giving them opportunity to express their views in Nation building.

Nothing is static after 25 years, we have to think about the present youth-The scenario & its impact on them.

In year 1988, the youth after passing XII standard was entering in University for Graduation program, he was open to the new world and after completing the graduation was thinking about  job and future prospects.

Whereas after 25 years, today, the student after passing X standard, are serious about their career. They take decision about their studies and future growth. The preparation of either to be an engineer or doctor starts at this age.

The Information technology has empowered them with information, they are not only aware of their society, country but also of the world. They have their views on each topic and while shaping their career they start understanding the system, the governance, but they can’t be part of system as they don’t have the voting right.

The concern is well understood & even noticed by Election Commission of India.

On January, 12, 2011 ( Indian Express ) – ( Quote )

“The Election Commission said it was examining a proposal to reduce the minimum age for voting right to 16 years from the existing 18.

"We may recommend to the government to reduce the minimum voting age to 16 years, if more youths, particularly new voters, participate in the electoral process," Chief Election Commissioner Y S Quraishi told a meeting organised by Youth United for Voter Awareness (YUVA), an NGO.

Though above 35 per cent of voters were youths, their participation was the lowest, he said.

Quraishi said though the minimum voting right age was reduced to 18 from 21 years, participation of new voters was not up to expectation.

As the present day youths were well versed with technologies and comparatively better informed, there was no harm in reducing the minimum voting right age to 16 years, he said.”

One of the concern raised by the then Election Commissioner, that even after reducing age from 21 years to 18 years, participation of new voters was not up to expectation.  

I personally believe that the age of adult suffrage, should be reduced from 18 years to 16 years because of the following reasons:

Reasons  :

1)    Adult Suffrage should be introduced at the age of 16 years :  

At present the right to vote is granted at perhaps the worst possible moment in our life. If we see at the age of 18, most of us have passed our 12^th exam and it’s the time to leave our home town for higher better education. We leave our Community we have lived in for most our life. The time when we are supposed to vote we either have a new community that we are unfamiliar with or we must attempt to vote absentee back home, a process that turns off many of us as a new voter.

By lowering the voting right at age of 16 will give the youth to vote who have roots in a community, have a concern for local issues, and will be more enthusiasm about voting than those just two years older. Youth at this stage of life start understand about society and they feel comfortable in their surroundings, school, parents, and with stable friends, they feel connected to their community; all factors that will increase their desire and need to vote.

2)    Voter turnout will increase because of lowering the Voting Age:

We all understand that the earlier in life a habit is formed the more likely that habit or interest will continue throughout life. Government and Parents make attempt to prevent youth from picking up bad habits, then why not we can encourage youth for being accountable to country by introducing a good habit at young age. If these young people start voting at the right age, most likely they will stick to this habit. 

3)    If an illiterate adult can vote, then why not let smart youth vote?

In our system the Adult suffrage is just related to age limit. Most of us argue that the youth should not vote because they lack information and intelligent decision. In the era of Information technology, youth are the most informative citizen. This argument of lacking information doesn’t apply to all citizens who are age 18 years. We have seen many illiterate voting, who don’t even know the name of the candidate for whom they are voting.

We also don’t deny voting right to those who have break the law and have been punished by the court, nor do we deprive any of the people who are alcoholics, neurotics, psychotics.

4) Lowering the voting age will motivate youth and will make feel them part of the society:

We have seen many youth showing disinterest towards politics and many are filled with inferiority complex for being citizen of this country. They feel helpless towards the present situation of our country. Empowering them with right to vote will have a direct effect on their character, intelligence and sense of responsibility. 16 is the age when they start looking at the society in which they have to step in, they want a better society for which they can feel proud off. After 18 years of their life they are already in the society with their own difficulties and problems which make them feel turned off by politics and don't vote? 

5) When government is thinking of reducing Juvenile definition for punishment from 18 to 16, then why not voting right ?

Feb, 4, 2013, Time of India

The Supreme Court decided on Monday to examine the constitutional validity of the provision giving the definition of juvenile in the Juvenile Justice Act which treats a person as a minor till he attains the age of 18 years.

The apex court has issued notice to the Centre on a PIL seeking lowering of age of juvenile to 16 years from the present 18 years.

6) Voting ages around the world of few countries less than 18 years :

National minimum age of 17 include East Timor, Indonesia, North Korea, Sudan and Sudan.

The minimum age is 16 in Argentina, Austria, Brazil, Cuba, Ecuador, Nicaragua and the Isle of Man, Jersey and Guernsey (three self-governing British Crown Dependencies).

People aged 16–18 can vote in Bosnia, Serbia and Montenegro if employed.

Some countries have variable provision for the minimum voting age, whereby a lower age is set for eligibility to vote in state, regional or municipal elections.

The Indian Dollar Story

We all are talking about depreciation of Rupee, stating that it’s falling like the character of the present Cabinet. We all know many Cabinet ministers in the present government have resigned or sacked because of depreciation in their honesty. I checked the contribution of our great economist PM in falling of Rupee and found that Mr. Economist have a good record in past too. Let me assure the  Rupee will come back at 54 per dollar before a month of election, as you have seen RBI not getting in action to control, the reason is black money will come for election purpose, will increase demand of Rupee in comparison to Dollar.

Year	Rs / Dollar	Government	Details
1990	17.50
1991	22.72	Manmohan Singh as Finance Minister in Congress Government	Even after so called liberalization and boasting of Manmohan Singh economic policy, the depreciation was 56.33% (22.72 - 35.52 = 12.80 ) or in other words depreciation of  Rs. 2.56 per year
1992	28.14
1993	31.36
1994	31.39
1995	32.53
1996	35.52
1997	36.36
1998	41.33	BJP Government in Centre	The USD/ INR was 41.33, even after Nuclear Test and US Economic Sanction the depreciation was only 9.55% in 6 years ( From 41.33 - 45.28 = 3.95 ) Or in other words depreciation of 0.65 paisa per year
1999	43.12
2000	45.00
2001	47.13
2002	48.62
2003	46.50
2004	45.28
2005	44.01	Manmohan Singh as Prime Minister in Congress Government	The USD/ INR was 45.28, and Congress Economist PM by his policy has made it 59.68 ( 20th June, 2013 ) a depreciation of 31.80 % ( 45.28 - 59.68 = 14.40 )  in 9 years Or in other words depreciation of  Rs.1.60 per year. The Congress government has still One year in their hand, only God knows or the present Economist PM how much they will depreciate the INR. As per past experience ( 1991 - 1996 ) Rs. should be 96.29 per USD, then only PM will touch his performance, which he did as Finance Minister
2006	45.17
2007	41.30
2008	43.41
2009	48.32
2010	45.75
2011	46.61
2012	53.34
2013	59.68
Average annual currency exchange rate for the Indian Rupee (Rupees per U.S. Dollar) is shown in the table above

Relevance of Social Media in Indian Democracy

Indians have been more social in comparison to other societies of the world. They like to be in touch with their relatives & friends. The Marriage ceremony or any small function attracts a huge gathering. The person who is more social is treated with respect in Indian society.

Indians are so social that in small town / village a person can be recognized by his name or his father / grandfather’s name.

Since 1990, the trend started when lots of youth started migrating to Metros for Job or better opportunity and thus in new city they lost their identity and even their social life. This created an individual, who was neither in touch nor concerned about the problems of his home town. Being away from home town, this generation became inactive in socio – political issues. This new class which emerged had a hidden desire of being social but lacked time & avenues.

Social networking sites gave a platform to these youngsters, where they were able to find their old friends and relatives spread over the globe. This was one of the reasons for drastic growth in number of users in India. Orkut as a social networking site gather momentum, and finally took over by Facebook & Twitter. At present according to Internet & Mobile Association of India, there are 6.80 Crore, Facebook users & 1.8 Crore Twitter account in India. This figure in future will go up as there are 13.70 Crore Internet users in India, which is approx 11% of India total populations.

The first phase of Social networking sites was over and the user were settled, the group started discussing general issues, about the society and our country. The New Channel were pouring news 24X7 in every house in 1990 decades, and thus making people more informative on every issue.  Those people, who were busy in earning through job or self employment, were settled in life and now they started raising their concern about the situation of the country. These people who were working in Private organization were getting better salary, thus making their life easier. They started comparing the service level of private sector with government organization which leads to dissatisfaction towards government.

Being in Metro and working in private organization they started feeling helpless on the situation of country and ineffective governance. The social networking sites become the platform where they started discussing the issue and raise their concerns. This gave the opportunity to outlet their frustration and somewhere mental satisfaction. 

The internet boom also gave direct access to information to the people, who were earlier only relying on News Paper and then to the news channels. This another direct source of Information led to a more conscious citizen, who started evaluating the News shown on News Channels or News paper  and wherever they felt wrong, the group started targeting News Channel too. This lead to birth of a group called “Social Media” and it’s started acting like a watch dog for Media. The journalist who always challenged, system and leaders were now been questioned by this Social Media group, which was uncomfortable to the journalist, many negative reaction by senior journalist can be seen.  The rise of Fifth Pillar of democracy was obvious not welcome by other Four Pillars, but can’t be ignored too.

 Being a democratic country, the Freedom of Speech which was only on streets, can be avoided by Section 144, enters into the gallery of Parliaments. Unwittingly it rang the bells of the highest temple of democracy, and the power was alert, tried to tame down the flow through Section 66A.

The “Social Media” now become tool, a tool to challenge, a tool to propagate. It becomes a platform where a thought of people can come together and implement their thought or protest on issue. The case can be seen in ANNA Andolan & then after Protest against Rape incident of NIRBHAYA. The group was same, who felt that they can contribute to a change, by devoting their weekends. They got a place to protest and a group to strength. There was no binding within the group, except a common cause. Social Media act as a glue to these people who are concern about the society & the country and participation in the democracy, which was only ONCE in five years, changed its cycle.  The participation by common people in democracy is no more time bound but now issue based. An issue which even ignored by Media can become an issue of “WE THE PEOPLE” thus completing the Cycle of democracy.

An infant is born, but it will take time to grow up, it still have to walk on its leg, which will help him to reach to the polling booth. The views, the protest, the courage has to be converted into votes else it will be another “Virtual Tiger”.  The recent example of Parvez Musharraf who was having approx 9 Lakhs Likes on his Facebook page & 22 Thousand followers on twitter, which compelled him to return to Pakistan didn’t turn up on ground. They didn’t come out from the virtual world and reality changed. Mr. Musharraf is house arrest, and not a single protest.

 Considering the population of India, the social media has a long way to go, remember Mahatma Gandhi ji statement "The true India is to be found not in its few cities, but in its seven hundred thousand villages”   

Contribution of Secularism

“Secular”, when we read this word, it seems to be so fascinating. It has become a fashion nowadays of being secular. Even I got attracted towards this word & thus was curios of knowing this word in detail and to understand its contribution to our Indian society.

For better understanding, I first searched the definition of SECULAR and the definition which I find is “Secularity (adjective form secular) is the state of being separate from religion. Despite occasional confusion, secularism is not necessarily synonymous with atheism nor agnosticism, it is instead the belief that religion and authority should be separate”

In nutshell we can say, the state should not take any decision which is influenced by religion.

I searched the history whereas found all religious people and the great persons where closer to religion. The interesting part was of ASHOK – The King of Magadha in 299 BC who became popular because of spreading Buddhism but as per the above definition, he was not secular.

The first king, whom I found as SECULAR was JAICHAND – The ruler of Kannauj during 1192 AD. He supported Muhammad Ghori for defeating PRITHIVIRAJ CHAUHAN, if JAICHAND would have been religious then keeping in mind the religion of PRITHVIRAJ CHAUHAN and religion of Muhammad Ghori he would have not supported Ghori to invade India, but he was a real secular. As per the definition he kept religion and authority separate. This action of secularism opens the gate to invaders and slavery of India started.

Was this the first contribution of Secularism to our Indian society?

Let’s move ahead, the next Secular I found in our history is MANSINGH, the real secular, who gave her sister to marry AKBAR, without a second though about religion, and become Senapati ( The Commander of Akbar army ). He fought against Sri Maharana Pratap, and make sure that Mughal should rule India.

I really want to question why we respect Maharana Pratap, why not MANSINGH – a real secular.

Was this second contribution of Secularism to our country ?

The history is full of seculars and their contribution but let’s come to year 1947.

Have we ever thought in year 1947, on 15th August our country was divided, the question lies between whom the division of this country was ? People will shy to answer this question, whereas let’s go through the fact.

The country which comes into existence was India & Pakistan, India a nation of secular thought people and Pakistan a nation of Islamic thought people.

Thus we can say the division of our country was between Seculars & Islamic people, in year 1947.

Who divided this country ? The answer is crystal clear; the country was divided between seculars and fundamentalist Muslims.

Is not this the actual contribution of secularism to our country ? Seculars can go to any extent.

The cunning seculars intentionally didn’t declared India as secular in year 1947 and nowhere in Preamble, the word SECULARS is mentioned.

Whereas when a son of a Prime Minister in year 1968 married a girl of a religion, which was not the majority religion of this country, a mistake which her mother did, was repeated again by her son. She tried to rectify the mistake and publicly again recreated the scene of marriage as Vedic marriage.

The mistake was done and her son was now a secular, the question was how the majority will correlate himself with her son in future. The constitution, not only the constitution, the preamble ( Preamble is soul of constitution, and can’t be amended ) was amended.

The whole country was converted, and the country become SECULAR, via 42nd amendment act, 1976.

We have to decide do we want to be seculars ? Do we want to use the abusive word “Secular” to ourselves ?

Doesn’t Seculars mean Traitors ?

 

Land Acquisition Bill - Limitation & Salient Features

The Land Acquistion Act 1894, was criticised by everyone, and the government came with a new draft of the Bill, which will be presented in Parliament for debate. I have gone through the draft of the Bill. Please find the details of the Bill.

LIMITATION / DEMERITS OF THE ACT

POINT 1.
The Para 1 (A) doesn’t bind government acquisition to take 80% consent from the land owners before acquiring, this is only when the land will be used by Private Companies.

Inference :

The difference between Government acquisition in normal case & Urgency Clause will be of time.

POINT 2.

The Para (2) states that only the provisions relating to rehabilitation and resettlement shall apply when:-

(a) Private companies purchase or acquire land, equal to or more than one hundred
acres, on their own;

(b) a private company approaches the Appropriate Government for partial acquisition
of an area so identified for a public purpose.

PROVIDED that where a private company seeks Government intervention for partial acquisition then the rehabilitation and resettlement entitlements shall be applicable for the entire area identified for acquisition by the private company and not just the area for which the intervention is sought.

Inference :

What about R&R scheme, when Government is acquiring land under Para 1(A) of 1 (a )

There is huge gap between understandings of the law due to Point 2. There is no proper relation between Para 1(A) 1 (b) being read with Para (2) and then reading Para 3.

POINT 3.

The Part II of Para 7 (2) d states that Irrigated Agriculture Land can be acquired as last resort, whereas NO Irrigated Multi-crop land can be acquired.

Inference :

There is no definition of Multi – Crop land in this Act, everyone is aware there are two types of Crop in India – RABI & KHARIF, this become 2 types of crop thus all agriculture land will become multi crop. The only difference is Irrigated or not, thus Non – irrigation Land having multi crop can be acquired.


POINT 4.

Para 3 states that Social impact assessment will be done only when the land acquired is equal to or more than 100 Acres and will not be done in URGENCY Clause.

Inference :

If in one step a 99 acre land is acquired then it will not be covered under Resettlement & rehabilitation scheme, there is no clarity after how many months of days the land adjacent to the acquired land can be acquired. Thus giving a loophole of acquiring land in multiple stages upto 99 acres to avoid R&R scheme.

POINT 5.

Change of Land Use, there is no provision in this act to demoralize transfer of Agriculture Land to Non – Agriculture activity.

POINT 6.

The Definition of INFRASTRUCTURE PROJECTS in para 2 (n) includes TOURISM, the definition of tourism will be vague and even building HOTELS or Government Guest House can come under this definition.

POINT 7

The Definition of PUBLICC PURPOSE in PARA 2 (y) 4 is again very wide and open for interpretation, the condition of Consent of 80% through Prior informed process is not clear, and no provision is their to check whether the consent is taken under pressure or threat.

POINT 8.

The ACT doesn’t show effort of providing LAND for LAND, the principle seems to be abandon.

The SCHEDULE II Para 2 only states land for land, whereas not able to understand why only for Irrigation Project ? Whereas in case of ST they will get land for land in every project.

There is no clarity that only Canals will be treated as Irrigation Projects or DAMS too, if DAM then the government may use word HYDRO Project which will be a scape route for IRRIGATION project, whereas we know DAMs and Hydro Project are same and multi purpose.

The land for land rehabilitation is less than already exists, this Act provide ONE ACRE per family whereas in Sardar Sarovar Project 2 acres where given.

NATIONAL LAND ACQUISITION AND
REHABILITATION & RESETTLEMENT BILL, 2011


Land Acquisition Provisions will apply when:

1. Government acquires land for its own use, hold and control.

2. Government acquires land with the ultimate purpose to transfer it for the use of private companies for stated public purpose (including PPP projects but other than national highway projects)

3. Government acquires land for immediate and declared use by private companies for public purpose

Note I: Public purpose for 2. & 3. above, once stated, cannot be changed

Note II: Land Acquisition under 2. & 3. above can take place provided 80% of the project affected families give consent to the proposed acquisition.


Scope of LARR, 2011

1. Land for private companies for private purposes.

The Urgency Clause

1. National defense and security purposes

2. R&R needs in the event of emergencies or natural calamities

3. To be exercised in ‘rarest of rare’ cases



Who will be Affected Families ?

Land Owners:

1. Family whose land/other immovable properties have been acquired;

2. Those who are assigned land by the Governments under various schemes;

3. Right holders under the Forest Rights Act,2006

Livelihood Losers:

1. A family whose livelihood is primarily dependent on the land being acquired

2. May or may not own property


Minimum Compensation for Land

A Comprehensive Compensation Package (Schedule I)

1. Market value of the land:

a) the minimum land value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale deeds in the area, where the land is situated; or

b) the average of the sale price for similar type of land situated in the village or vicinity, ascertained from fifty per cent of the sale deeds registered during the preceding three years, where higher price has been paid; or whichever is higher:

PROVIDED THAT THE MARKET VALUE SO CALCULATED SHALL BE MULTIPLIED BY THREE IN RURAL AREAS.

2. Value of the assets attached to land:

Building/Trees/Wells/Crop etc as valued by relevant govt. authority;

Total compensation = 1+2

3. Solatium: 100% of total compensation

This implies that in case of urban areas, the award amount would be not less than twice that of the market value determined, whereas in rural areas it would be not less than six times the original market value


Minimum R&R Entitlements

A Comprehensive R&R Package (Schedule II and Draft Bill)

For Land Owners:

1. Subsistence allowance at Rs. 3000 per month per family for 12 months;

2. Rs 2000 per month per family as annuity for 20 years, with appropriate index for inflation;

3. If house is lost, a constructed house of plinth area of 150 sq mts of house site in rural areas or 50 sq mts plinth area in urban area;

4. One acre of land to each family in the command area, if land is acquired for an irrigation project;

5. Rs 50,000 for transportation;

6. Where land is acquired for urbanization, 20% of the developed land will be reserved and offered to land owners, in proportion to their land acquired;

7. Upon every transfer of land within 10 years of the date of acquisition, 20% of the appreciated value shall be shared with the original owner whose land has been acquired;

8. Mandatory employment for one member per affected family or 2 lakh rupees if employment is not offered;

9. Offer of shares up to 25% of the Compensation amount

For Livelihood losers (including landless)

1.Subsistence allowance at Rs. 3000 per month per family for 12 months;

2.Rs 2000 per month per family as annuity for 20 years, with appropriate index for inflation;

3. If home-less, a constructed house (plinth area) on 150 sqmts of house site in rural areas or 50 sqmts in urban area, provided free of cost;

4.A one-time ‘Resettlement Allowance’ of Rs 50,000;

5.Rs 50,000 for transportation;

6.Mandatory employment for one member per affected family or 2 lakh rupees.


Special Provisions for ST’s

1. One acre of land to each ST family in every project;

2. One time financial assistance of Rs 50,000 for ST families;

3. ST families settled outside the district shall be entitled to an additional 25% R&R benefits (and a one time payment of Rs 50,000) to which they are entitled in monetary terms;

4. Payment of one third of the compensation amount at very outset to ST families;

5. Preference in relocation and resettlement in area in same compact block;

6. Free land for community and social gatherings;

7. In case of displacement of 100 or more ST families, a Tribal Displacement Plan is to be prepared:

Continuation of reservation and other benefits from
displaced area to resettlement area for both SCs and STs


25 infrastructural amenities to be provided in the
Resettlement area, including:

• Schools and playgrounds;

• Health Centres;

• Roads and electric connections;

• Assured sources of safe drinking water for each family;

• Panchayat Ghars;

• Anganwadi’s providing child and mother supplemental nutritional services;

• Places of worship and burial and/or cremation ground;

• Village level Post Offices, as appropriate, with facilities for opening saving accounts;

• Fair price shops and seed-cum-fertilizer storage Facilities


Return of Land:

Land returned to original owner if not used in 5 years for the purpose for which it is acquired, one-fourth of the award amount for the land acquired

– Provided government can use land acquired for a department to some other department

Prevention of Targeted Communal Violence Bill 2011

Dear All,

As a Citizen of India, our duty is to participate in the making of rules, regulation and laws of our country. Vigilance is the cost of Freedom. Recently a daft has been made by Chairperson Sonia Gandhi and Teesta Shetalvad on the subject.

I have submitted point to the Government on Prevention of Targeted Communal Violence. The website is http://nac.nic.in/communal/com_bill.htm and the email id given on this website for posting view till 10th June is wgcvb@nac.nic.in Plesae go through the below points which I have submitted on the above email id. I am attaching the draft Bill and the points as attachment. Request you all to send mail on the above email id with your views.

Please find below the details of the points submitted by me.

-------------------------------------------------------------------------------------------------

Dear Drafting Chairperson ( Sonia Gandhi ) and Members,

I have gone through the draft of the “Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011”.

The Bill even though states Prevention of Communal and Targeted Violence, but the bill itself seems to be a Targeted Bill against Hindu Community. Following are the points which force me to raise doubt on the intention of the drafting members :

Point 1:
Chapter 1 Para 1 (2)
Quote text from the Bill :

(2) It extends to the whole of India.
Provided that the Central Government may, with the consent of the State of Jammu and Kashmir, extend the Act to that State.

Unquote.

It’s a known truth that the first communal and targeted violence in India happened in the state of Jammu & Kashmir with Hindus ( Kashmiri Pandits ) and they were forced to leave their home and are leaving as refugee in their own country.

The Para 3 (f) iv of this bill says

Quote
“force such person to leave his or her home or place of ordinary residence or livelihood without his or her express consent; or, “
Unquote.

But unfortunately the starting of this Bill Chapter 1 and Para 1 doesn’t cover that state J&K

My Recommendation :

For Chapter 1, Para 1 of (2), This Bill should be passed first by State of J & K and then it should be presented in Indian Parliament. This will give message to the people of India that this Bill is a secular Bill and not itself a communal and targeted Bill against a Hindu Community.

Point 2.

Chapter 1, Para 3 (e)

Quote from text of Bill :

“group” means a religious or linguistic minority, in any State in the Union of India, or Scheduled Castes and Scheduled Tribes within the meaning of clauses (24) and (25) of Article 366 of the Constitution of India;

Unquote

Any person or groups of people who is/ are killed in a riot is a victim, he can be of any community. The person or group killed may be of Majority community or Minority, then why the definition of group doesn’t consider Majority also as victim if happen.

The Para 3 (e) clearly states that the definition of group will be minority. I am surprise to see that the intellectual members or this drafting committee have presume that only Minority will be killed in riots or they doesn’t consider people of Majority group as human beings having no fundamental rights.

My Recommendation :

The definition of group should be stated as “group means any community / sect / caste / religious which have been targeted.”

Point 3.

Chapter 1, Para 3 (f) (i)

Quote from the text of Bill.

(i) boycott of the trade or businesses of such person or making it otherwise difficult for him or her to earn a living; or,

Unquote

The opposite side of boycott is force to buy, no one should be forced to buy. No Muslim community buy Goat / Hen Meat being sold by Hindu Community stating is as HARAM. At present this type of boycott is being done my Minority community, if the above persists then why not boycott of Meat being sell by Hindu community should be also consider as Boycott of Trade by minority.

My Recommendation :

The above Para should be removed.

Point 4.
Chapter II Para 7 (b)

Quote from text of Bill :

(b) against any person, without their consent or against their will,

(i) the introduction by a man of his penis or any other body part

Unquote

Again this is related to one minority community why not other derogatory words or statement has been covered in this Para, shows that the drafting committee is biased.

My Recommendation :

Add ( Introduction of Man by his CHOTI, Tilak dhari, KAFIR or BOOT Prast ( Worshipers of Idol )

Point 5.

Chapter II Para 7 (1) V

Quote from the Bill “

(v) removing the persons clothes, partially or fully, or compelling that person to undress himself or herself, partially or fully, in public view or otherwise, or parading that person in undressed state in public view or otherwise;

Unquote

My Recommendation :

In the above para we should add removing of Janeu ( the thread Brahmins wear around their shoulder ) and Pagadi ( Turban ) the Sikhs wear.

Point 6.

Chapter II Para 8

Quote from the Bill.

8. Hate propaganda.– Notwithstanding anything contained in any other law for the time being in force, whoever publishes, communicates or disseminates by words, either spoken or written, or by signs or by visible representation or otherwise acts inciting hatred causing clear and present danger of violence against a group or persons belonging to that group, in general or specifically, or disseminates or broadcasts any information, or publishes or displays any advertisement or notice, that could reasonably be construed to demonstrate an intention to promote or incite hatred or expose or is likely to expose the group or persons belonging to that group to such hatred, is said to be guilty of hate propaganda.

Unquote

As stated in my point 2, the definition of group should not only be related to Minority community, because if as per the above Para 8 ,Hate Propaganda is done by Minority community on worship on Friday then they will be excluded and can’t be prosecuted under this Bill thus making this Bill as biased and targeted against Majority.

Point 7.

Para 20.

Quote from the Bill.

20. Power of Central Government in relation to Organised Communal and Targeted Violence.- The occurrence of organised communal and targeted violence shall constitute “internal disturbance” within the meaning of Article 355 of the Constitution of India and the Central Government may take such steps in accordance with the duties mentioned thereunder, as the nature and circumstances of the case so requires.

This will be used as a tool for disabling a democratictally elected state government, the vested interested group who want to remove state government or Terrorist groups may provoke riots in state to prove that there is “internal disturbance”

This will give Central Government a tool to threat government of state which is being ruled by any other party than in the ruling Central Government.

There is enough proper guidance and power vested in Governor of State to give recommendation in Article 355.

Point 8.

Chapter IV Para 23

Quote from Bill.

National Authority for Communal Harmony, Justice and Reparation

Qualifications.- (1) The Chairperson, Vice-Chairperson and Members of the National Authority shall have the following qualifications and shall be chosen from amongst persons:
(a) having expertise in relation to law or criminal justice or human rights;
(b) having a record of promoting communal harmony;
(c) being of high moral character, impartiality and integrity; and,
(d) who have not been members of any political party for a period of one year prior to their selection.

Unquote

My Recommendation :

As the power given to NACH is of as per Para 33 (2) is of Civil Court trying a suit under the Code of Civil Procedure, 1908

(a) The person should have worked as Judge in any court of India.
(b) He should not have been member of any political party this will help in refraining political appointment.

Point 9.

Quote from the Bill

Term of office of Members.- (1) The Members of the National Authority shall serve on a full-time basis for a six year term.

Unquote.

My Recommendation :

When the term of office of Honorable President of India is of FIVE years, the symbol of democracy our parliament term is of FIVE years, then how come NACH term of office can be of SIX years.

The NACH can’t be more important than our Honorable President and our Parliament.

Point 10.

Chapter IV Para 25

Quote from the Bill :

25. Resignation and removal of Chairperson, Vice-Chairperson and Members.-

Unqoute

My Recommendation :

As per Para 33 ( 2 ) the power of NACH is as of Civil Court Judge then he should be removed as per process laid down for removal or Civil Court Judges.

In addition to it, no where in Para 25 there is provision of IMPEACHMENT, when in the constitution even President of India can be removed after following process of IMPEACHMENT then why not NACH ?

Point 11.

Chapter IV Para 32 (ii)

Quote from the Bill

32. Monitoring and review by National Authority of performance of duties.- The National Authority shall observe, monitor and review the performance of duties by public servants in relation to the following:

(ii) postings, transfer and replacement of any individual officers, administrative or police, from their jurisdictions of power and control that affect areas where outbreaks of communal and targeted violence or possibilities thereof, are reported or anticipated;

Unquote

The Law & order as per constitution is State subject then interfering in State decision by NACH as per para 32 (ii ) will be attack on federal structure of our country.

The word “anticipated” gives immense power and thus this will give direct control to NACH in interfering in STATE subject at any time.

My recommendation :

The above para should be removed.

Point 12.

Chapter IV Para 42.

Quote from the Bill

42. Statements made by persons to the National Authority.- No statement made by a person in the course of giving evidence before the National Authority, shall subject him or her to, or be used against him or her in, any civil or criminal proceedings;

Provided that the statement –
(i) is made in reply to the question which he or she is required by the National Authority to answer; or
(ii) is relevant to the subject matter of the inquiry.

Unquote

How can any person be exempted for giving false evidence if any ?

My Recommendation :

The Para 42 should be removed as this will encourage people to give false evidence, if the person giving the statement of evidence is legally and morally correct then even though it is used against him in any civil or criminal proceedings he will be judged innocent.

Not able to understand why you are promoting people to give false statement or evidence people should be responsible and accountable for their conduct.

Point 13.

Para 45

Quote from the Bill

45. Appointment of Chairperson, Vice-Chairperson and Members of the State Authority.-

Unquote

Why appointment of State Authority is required ? The drafting committee feels that whole year there will be riot and in each state.

The NACH is enough to handle this type of case after all what Data, Facts & figures from year 1947 till date recommends that the number of Riots are so high that it can’t be handled by NACH and State Authority is also required.

This shows filling of office of Profit and adjustment can be made for retire politicians.

My Recommendation :

Para 45 should be removed.

Point 14.

Para 82

Quoted from the Bill

82. Attachment of property.- (1) Where the charge has been framed in relation to an offence under this Act, the Designated Judge may direct that the property of the accused person be attached during the pendency of the trial and until conviction or acquittal, as the case may be.

Unquote

This is denial of natural Justice, how can you attach property during trail ? If the person accused is not presenting himself or absconding during trial then only Judge should give order of attaching his property.

I am surprise to see that during trail the person will be in Jail as the offence under this act is non bailable and then also you are attaching his property ? This para shows that you want to punish the innocent family of that accused by attaching his property during trail, and shamelessly you are stating in the Para “until conviction or acquittal” means you agree that he may be found innocent and may be acquitted.

My Receomendation :

Para 82 should be removed.

Point 15.

Para 86 (6)

Quote from the Bill

(6) A victim shall be entitled to receive free legal aid and to engage any advocate who he or she chooses from among those enrolled in the legal aid panel under the Legal Services Authorities Act, 1987 and the Legal Aid Services Authority established under the said Act shall pay all costs, expenses and fees of the advocate appointed by the victim or informant at a rate not less than the fees payable to the Special Public Prosecutor.
Unquote

As the Victim shall be entitled to receive free legal aid the accused should also be given the same entitlement as accused till proven guilty is innocent.

My recommendation :

Rights of Victim and accused should be same as till proven guilty everyone is equal in the eye of law.

Point 16.

Quote from the Bill

CHAPTER VII
RELIEF, REPARATION AND RESTITUTION AND COMPENSATION

90. Right to relief, reparation, restitution and compensation.- (1) All persons, whether or not they belong to a group as defined under this Act, who have suffered physical, mental, psychological or monetary harm or harm to his or her property as a result of the commission of any offence under this Act, and when death has occurred as a consequence thereof, the next of kin of such deceased person shall be entitled to relief, reparation, restitution and compensation as applicable to them in accordance with the provisions under this Chapter.

Unquote.

Interesting to see that Relief, reparation and restitution and compensation will be given to all person whether of not they belong to Minority community but Right to Justice will not be given ?