Attributes of the bills, Parliament's Winter Session to look after

 

 

New Delhi, December 17: Today on the fifth day of the Winter session of the parliament, several key bills are listed in the government’s legislative business in both the houses. Three bills are listed to be considered in the upper house constituting the National Council for Teacher Education (Amendment) Bill, 2017, the Right of Children to Free and Compulsory Education (Second Amendment) Bill, 2017, the Representation of the People (Amendment) Bill, 2017. However the Nalanda University (Amendment Bill), introduced in the Rajya Sabha on September 5, 2013 by the Ministry of External Affairs, will be undertaken for withdrawl.

 

 

In the Loksabha three bills consisting the Transgender Persons (Protection of Rights) Bill, 2016, the New Delhi International Arbitration Centre Bill, 2018, the Consumer Protection Bill, 2018 will be considered for passing whereas the Muslim Women (Protection of Rights on Marriage) Bill,2018 will be introduced. Law Minister Ravi Shankar Prasad will move to introduce the bill.`Discussion on the natural calamities in the southern parts of the nation will also be discussed with special reference to cyclones like gaja and titli.

 

 

Details of some important bills to be considered by the parliament's Winter Session: 

 

1. The Muslim Women(Protection of Rights on Marriage) Bill, 2018: 

 

The bill seeks to protect the rights of married muslim women and to prohibit the divorce by announcing ‘Talaq’ by their husbands. The minister will also lay on the table of the lower house the statement showing reasons for immediate promulgation of the Muslim Women (Protection of Rights on Marriage) ordinance, 2018. The bill will replace the ordinance that was promulgated on 19th of September, 2018. It makes own declaration of talaq, including in written or electronic form to be void and illegal. It also makes declaration of talaq cognizable offence. Attracting upto 3 years of imprisonment and fine, it also provides that magistrate may grant bail to the accused after hearing the women against whom the talaq has been announced.

 

 

The Bill defines a transgender person as one who is partly female or male; or a combination of female and male; or neither female nor male. According to the bill, a trangender person must obtain a certificate of identity as proof to invoke rights under the bill. Such a certificate would be granted by the District Magistrate on the recommendation of a Screening Committee. The Bill prohibits discrimination against a transgender person in areas such as education, employment, and healthcare. It directs the central and state governments to provide welfare schemes in these areas. A National Council for Transgender (NCT) persons will be set up to advise the central government on policies, and legislation related to transgender persons.

The Bill specifies the following offences: (i) compelling transgender persons to beg or do forced or bonded labour (excluding compulsory government service for public purposes); (ii) denial of use of a public place; (iii) denial of residence in household, village or other place of residence; and (iv) physical, sexual, verbal, emotional or economic abuse. These offences will attract imprisonment between six months and two years, and a fine.

 

 

The New Delhi International Arbitration Centre Bill, 2018 was introduced in Lok Sabha by the Minister of State for Law and Justice, Mr. P.P. Chaudhary on January 5, 2018 to establish an autonomous and independent institution for better management of arbitration in India. The seven membered committee of the NDIAC aims at promoting research, providing training and organising conferences and seminars in alternative dispute resolution matters. However, facilitating conduct of arbitration and conciliation in a professional, timely and cost-effective manner will also be the key focus. The members of NDIAC will hold office for three years and will be eligible for re-appointment. The retirement age for the Chairperson is 70 years and other members is 67 years.

 

 

The Bill enforces consumer rights, and provides a mechanism for redresssal of complaints regarding defect in goods and deficiency in services. Consumer Protection Councils will be set up at the district, state, and national level, as advisory bodies. The State and National Councils are headed by Ministers in-charge of Consumer Affairs. The Bill does not specify whom the Councils will advise. If the Councils advise the government, it is unclear in what capacity such advice will be given. The other bodies established under the bill constitute Central Consumer Protection Authority and the Consumer Protection Council. The Bill introduces provisions related to product liability and unfair contracts. It also creates a regulatory body called the Central Consumer Protection Authority and permits mediation for settlement of consumer complaints.

 

 

Introduced by the Minister of Human Resource Development, Prakash Javadekar in Lok Sabha on December 18, 2017, this bill aims at planning and co-ordinating the development of the teacher education system throughout the country. It also ensures the maintenance of norms and standards in the teacher education system. The Bill seeks to grant retrospective recognition to institutions and also to start a new course or training in teacher education to institutions.

 

The Bill amends this provision to state that a regular examination will be held in class 5 and class 8 at the end of every academic year. If a child fails the exam, he will be given additional instruction, and take a re-examination. The Right to Education Act, 2009 prohibits detention of children till they complete elementary education i.e., class 8. Provisions of the Bill regarding assessment and detention are at variance with what most states have demanded. In this context, the question is whether these decisions should be taken by Parliament or left to state legislatures.

  

 

 

Introduced by the Minister of Human Resource Development, Prakash Javadekar in Lok Sabha on December 18, 2017, this bill aims at planning and co-ordinating the development of the teacher education system throughout the country. It also ensures the maintenance of norms and standards in the teacher education system. The Bill seeks to grant retrospective recognition to institutions and also to start a new course or training in teacher education to institutions.

 

 

 

This particular bill being introduced by Thawar Chand Gehlot, Minister of Social Justice in Rajya sabha enable persons with disability to live independently promoting measures for their protection in case of death of their parents and facilitating equal opportunities in society. The Act states that if the Chairperson or members of the Board resign, they will continue in office until the appointment of their successor is made by the central government.