ain s

M Quick Revision Series

Important
Bills
Acts
&
Judgements

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 Table of Contents
1. National Medical Commission Bill ............................... 1
2. National Commission For Backward Classes Bill ........... 4
3. Higher Education Commission of India Bill ..................5
4. The Surrogacy Bill, 2016 ............................................ 9
5. Transgender Persons (Protection of Rights) Bill ........... 11
6. The Right of Children to Free and Compulsory Education
(2nd Amendment) Bill, 2017 ....................................13
7. Anti-Trafficking Bill .................................................. 15
8. HIV/AIDS Prevention Bill ......................................... 18
9. The Fugitive Economic Offenders Bill, 2018 ............... 20
10. Ordinances and Important related Judicial Rulings .. 22
11. Motor Vehicles Bill, 2017 ........................................ 23
12. Model Questions for Practice .................................. 25



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 1. National Medical Commission Bill
https://youtu.be/yb09mA9tgxM?list=PLYSuG-KZy7JDDFocgzv1OEJVBNuyIaSTn

Introduction
The draft bill, which was introduced by Minister of Health and Family Welfare J P Nadda in the Lok Sabha on
29 December 2017, and in the Rajya Sabha on 2 January 2018, seeks to repeal the Indian Medical Council
Act, 1956, and paves the way for setting up a National Medical Commission (NMC) that would replace the
Medical Council of India (MCI).

Need For NMC

• It is often debated that the Medical Council of India (MCI) has outlived its utility and should be reformed or
replaced.

• MCI has been criticised for its slow and unwieldy functioning owing to the concentration and
centralisation of all regulatory functions in one single body, both medical education as well as medical
practice.

• With most members of the MCI being elected, there has been a conflict of interest where the regulated
elect the regulators, preventing the entry of skilled professionals for the job. Corruption
• Strong Brain Drain

Features
• The Bill sets up the National Medical Commission (NMC). The NMC will regulate -

✓ Medical education

✓ Practice

• It will determine fees for up to 50% seats in private medical institutions and deemed universities. This has
to ensure relief to students from exorbitant fees.
• Under the Bill, states will establish their respective State Medical Councils within three years. These
Councils will have a role similar to the NMC, at the state level.

State Medical Councils will receive complaints relating to professional or ethical misconduct against a
doctor.

• If the doctor is aggrieved of a decision of the State Medical Council, he may appeal to successively higher
levels of authority.
• The NMC will consist of 25 members. A Search Committee will recommend names to the central
government for the post of Chairperson, and the part time members.

• Four autonomous Boards have been set up under the supervision of the NMC. These Boards will focus on
undergraduate and postgraduate medical education, assessment and rating, and ethical conduct. Each
board will consist of a president and two members, appointed by Central government.

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• There will be a uniform National Eligibility-cum-Entrance
Test (NEET) for admission to under-graduate medical
education in all medical institutions governed by the Bill.
The NMC will specify the manner of conducting
common counselling for admission in all such medical
institutions.
• Final MBBS examination to be held as a common exam
across the country and would serve as an exit test. It
would also serve as the screening test for doctors with
foreign medical qualifications in order to practise in
India.

• The Ethics and Medical Registration Board will maintain National Register, containing details, including all
recognized qualifications, of a licensed AYUSH practitioner.

• Monetary penalty on a medical college non-compliant has been replaced with provision that provides
other penalty options.
• Stringent punishment for unqualified medical practitioners or quacks could be as severe as imprisonment
of up to one year along with a fine up to Rs5 lakh

Issues
• The proposed NMC will be a nominated body. The central government shall appoint the NMC and shall,
through notification, establish autonomous accreditation boards under the general supervision of this
commission.

• General superintendence, direction, and administration of the commission shall be vested in the
chairperson. The central government shall appoint the chairperson, presidents of the boards, part-time
members, and the member secretary through selection by a search and selection committee.

• Again, the central government shall constitute the search and selection committee, which will consist of
the cabinet secretary; CEO, NITI Aayog ; two persons nominated by the Ministry of Health and Family
Welfare (MoHFW), and the secretary of the MoHFW, as the convener. In short, a 25-member commission
selected by a search committee and headed by a union cabinet secretary will replace the elected MCI. This
bureaucratic structure could possibly dent the autonomy of the proposed commission.

• Having an almost entirely nominated commission, as the present Bill provides, is unhealthy. It will lead to a
collection of ‘yes men and women’ whose chief qualification will be proximity to the existing government.

• WMA’s letter has pointed out that professional self-governance facilitates professional autonomy and
clinical independence. It has stated that “a shift from a democratically elected, autonomously governed
body to a politically established and government directed body would be counterproductive for patients
and for furthering the development of the medical profession in India.” 

This is such a dichotomy at play. On one hand, the government is talking about abolishing UGC, which has
majority nominated members, and on the other, it is talking about replacing an elected body with a
nominated one. 




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• Issue of corruption

✓ One of its goals is to reduce corruption in the MCI through greater distribution of powers.

✓ This is sought to be accomplished through an independent Medical Advisory Council to oversee the
National Medical Commission, the proposed successor of the MCI.

✓ But all members of the NMC are a member of the Council, undermining the latter’s independence.

• Two-thirds of the members in the NMC are medical practitioners. Expert committees have recommended
that the regulator should consist of more diverse stakeholders in order to reduce the influence of medical
practitioners in regulating medical education and practice. The NMC will determine fees for up to 50% of
the seats in private medical colleges and deemed universities. There are various arguments on fee capping
by experts. It has been recommended by some experts that fees should be capped to enable access to
medical education for all. On the other hand, it has also been suggested that fee capping would discourage
entry of private colleges. It will increase rent seeking, corruption and reserve medical education only for
the rich and well off.

• In cases of professional or ethical misconduct by medical practitioners, the practitioners can appeal a
decision of the NMC to the central government. It is unclear why the central government, and not a
judicial body, is the appellate authority.

• There is no requirement for periodic renewal of the licence to practice. Some countries require periodic
testing to ensure that practitioners remain up to date, fit to practice, and give good care to patients.
• To start a medical college, State governments first issue a certificate of essentiality. The MCI then decides
whether the proposed college has enough facilities to start the first year. Subsequently, inspections are done
every year till the first batch of students has completed the final year. This has led to problems, as
somewhere along the way, the Council finds that some colleges are unable to meet the requirements and
withdraws recognition. This leaves students in a lurch and they then approach the judiciary to solve their
unhappy situation. 

The proposed Commission has no mechanism to prevent this from happening. Merely shifting this
responsibility to a medical assessment and rating board is no solution.

Way Forward
• Independent MAC

• Another way to bolster healthcare delivery is a three-year diploma for rural medical-care providers, along
the lines of the Licentiate Medical Practitioners who practised in India before 1946. Create separate posts
in PHCs.

• Steps taken by the government to increase the availability of doctors in the country like the enhancement in
maximum intake capacity at the MBBS level from 150 to 250, increase of age limit for teachers from 65 to
70 and revision of teacher-student ratio in MD/MS disciplines to 1:2 from 1:1, etc should be encouraged.

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 2. National Commission For Backward Classes Bill
https://youtu.be/vzigm1TaWz8?list=PLYSuG-KZy7JDDFocgzv1OEJVBNuyIaSTn

Introduction
• The Constitution (123rd Amendment) Bill, 2017 was introduced in Lok Sabha by the Minister of Social
Justice and Empowerment, Mr. Thaawarchand Gehlot on April 5, 2017. It seeks to grant the National
Commission on Backward Classes (NCBC) constitutional status, at par with the National Commission for
Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes.

• As the Bill is passed in the Rajya Sabha, the OBC Commission will become as powerful as the National
Commission for Scheduled Castes and National Commission for Schedule Tribes.
• Till date, the OBC Commission is simply a legal body, whose job is to advise the government regarding the
inclusion or removal of caste/community lists. But from now on, this commission can effectively work
towards the welfare and upliftment of people belonging to the socially and educationally backward classes.
• Until recently, under the Constitution the NCSC has the power to look into complaints and welfare
measures with regard to Scheduled Castes, backward classes and Anglo-Indians. This Bill seeks to remove
the power of the NCSC to examine matters related to backward classes.

Features
The Constitution Amendment Bill states that the President may specify the socially and educationally
backward classes in the various states and union territories.He may do this in consultation with the Governor
of the concerned state. However, a law of Parliament will be required if the list of backward classes is to be
amended.

Composition and service conditions

Under the Constitution Amendment Bill, the NCBC will comprise of five members appointed by the
President.

Their tenure and conditions of service will also be decided by the President through rules.

Functions
Under the Constitution Amendment Bill, the duties of the NCBC will include

✓ investigating and monitoring how safeguards provided to the backward classes under the Constitution
and other laws are being implemented,

✓ inquiring into specific complaints regarding violation of rights, and

✓ advising and making recommendations on socio-economic development of such classes.

The central and state governments will be required to consult with the NCBC on all major policy matters
affecting the socially and educationally backward classes.

Merits
• It is aimed at providing justice to the socially and educationally backward sections of the society.

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• Including a woman member from the backward classes in the proposed Commission is a welcome move.

• It would also not encroach upon the rights of state governments as they would have their own backward
class commissions.
• The dichotomy in SEdBC list is also sought to be removed in this bill, but whether the states will agree to it
is the question.

• It brings the NCBC on par with the National Commission for Scheduled Castes and the National
Commission for Scheduled Tribes.

Concerns
• Many states have not implemented 27 per cent reservation to the OBCs.

• The recommendations of the commissions are not binding on the government.

• The non-binding nature of the proposed National commission for Socially Educationally backward class
makes it toothless.
• It is argued that the government has usurped all the states' powers to amend their OBC lists and rested that
power in itself through the president.

• Moreover, it has given up its power to amend the central OBC list and transferred it to Parliament.

• Lack of a periodical audit of economic and social status of castes, and the inclusion and exclusion based
on such analysis.

Way Forward
This move by the ruling party could potentially help them consolidate votes of the backward communities
who comprise 52% of the total population, making them the single largest constituency of voters. But,
political parties should "rise above vote bank politics and work towards social justice“ and ensure inclusive
development.

3. Higher Education Commission of India Bill

https://youtu.be/7e3r6CoQUoA?list=PLYSuG-KZy7JDDFocgzv1OEJVBNuyIaSTn

Introduction
Union Ministry of Human Resource has prepared draft Higher Education Commission of India Bill, 2018 to
repeal the University Grants Commission (UGC) Act, 1956 and for establishment of the Higher Education
Commission of India (HECI) with focus on improving academic standards and the quality of Higher
Education.

The HECI will not subsume the All India Council for Technical Education and the National Council for
Teacher Education.

Need for HECI

• The need for a single regulatory body arose largely in the context of multiple bodies set up over the years
trying to cope with the ever-increasing complexity of the sector.

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• The heavy hands of multiple regulators (like the UGC and All India Council for Technical Education),
together with the empowerment of professional bodies (like the Bar Council of India and Council of
Architecture) have not yielded the desired dividends.
• Multiplicity of regulatory bodies and regulatory standards has prevented foreign educational institutions
from opening campuses in the country.

• Mushrooming of institutions and a steady decline of standards in most of them have not done much good
to the image of the government and the architecture of regulation.

• National Assessment and Accreditation Council (NAAC) in its assessment report pointed out that 68% of
institutions in India are of middle or poor quality.
• Nearly 35% of professor posts and 46% of assistant professor posts out of total sanctioned strength remain
vacant across the country.

• India barely spends 2.5% of its budgetary allocations on education. This is far below the required amount
needed to upgrade the infrastructure at public institutes.

• There is a wide gap between industry requirements and curriculum taught at colleges.

• This also renders graduates unemployable lacking in specific skill-sets. India has barely 119 researchers per
million of the population as compared to Japan which has 5300 and US which has 4500. Besides, in US
4% of science graduates finish the doctorate, in Europe, this number is 7%, but in India barely 0.4% of
graduates finish the doctorate
• The number of Scheduled Castes, Scheduled Tribes, and Muslims who have access to even basic
education, let alone higher education, remains abysmal.India not figuring in the world’s top universities list.

Guiding Principles
The transformation of the regulatory set up is guided by the following principles

• Less Government and more Governance : Downsizing the scope of the Regulator and no more interference
in the management issues of the educational institutions.
• Separation of grant functions : The grant functions would be carried out by the HRD Ministry, and the HECI
would focus only on academic matters.

• End of Inspection Raj Regulation is done through transparent public disclosures, merit-based decision
making on matters regarding standards and quality in higher education.

• Focus on academic quality : HECI is tasked with the mandate of improving academic standards with
specific focus on learning outcomes, evaluation of academic performance by institutions, mentoring of
institutions, training of teachers, promote use of educational technology etc. It will develop norms for
setting standards for opening and closure of institutions, provide for greater flexibility and autonomy to
institutions, lay standards for appointments to critical leadership positions at the institutional level
irrespective of University started under any Law (including State Law).

• Powers to enforce : The Regulator will have powers to enforce compliance to the academic quality
standards and will have the power to order closure of sub-standard and bogus institutions. Non-
compliance could result in fines or jail sentence.

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Features
• The focus of the Commission will be on improving academic standards and quality of higher education,
specifying norms for learning outcomes, lay down standards of teaching/research etc.
• It shall have the power to enforce its decisions through legal provisions in the Act.

• The Commission shall have the power to grant authorization for starting of academic operations on the
basis of their compliance with norms of academic quality.
• It will also have the powers to revoke authorization granting to a higher education institution where there is
a case of wilful or continuous default in compliance with the norms / regulations.

• It will also have the power to recommend closure of institutions which fail to adhere to minimum standards
without affecting students’ interest.

• The Commission will encourage higher education institutions to formulate a Code of Good Practices
covering promotion of research, teaching and learning.
• The constitution of the Commission is strengthened by the cooption of Chairpersons of regulatory bodies in
higher education, namely the AICTE and the NCTE.

• Moreover the Chairpersons/Vice-Chairpersons and members will be scholars of eminence and standing in
the field of academics and research, possessing leadership qualities, proven capacities for institution
building and deep understanding of issues of higher education policy and practice.

• The Bill also provides for the penal provisions, which albeit graded in nature, will cover withdrawal of
power to grant degrees/diplomas or direction to cease academic operations and in cases of wilful non-
compliance, may result in prosecution sanction as per the Criminal Procedure Code with a punishment of
imprisonment for a term which may extend up to 3 years.

• There will be an Advisory Council to render advice to the Commission on matters concerning coordination
and determination of standards in the country. This will be represented by the Chairpersons / Vice-
Chairpersons of State Councils for Higher Education and chaired by the Union Minister for HRD.

• The Commission will also specify norms and processes for fixing of fee chargeable by higher education
institutions and advice the Central Government or the State Governments, as the case may be, regarding
steps to be taken for making education affordable to all.

• The Commission will monitor, through a national data base, all matters covering the development of
emerging fields of knowledge and balanced growth of higher education institutions in all spheres and
especially in promotion of academic quality in higher education.

Issues
• The Ministry of Human Resource Development’s (MHRD) usurpation of the powers of financial allocations
to the universities will deal a mortal blow to whatever autonomy has been retained by the academic
institutions so far.
• Bill seems to implicitly open the door to foreign degree-granting institutions as long as they meet the
specified norms.

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• With its mandate of improving academic standards with a specific focus on learning outcomes, evaluation
of academic performance by institutions, training of teachers, the HECI is likely to over-regulate and
micromanage universities.
• Also, the proposal to empower the Centre to remove the HECI’s chairperson and vice-chairperson for
reasons including “moral turpitude” will again curtail the regulator’s autonomy, which in turn will impact
the autonomy of universities.
• The nature of the structure of the commission and its advisory council shows that they are bound to have
more “government” in decision-making processes rather than academics.

• The composition and nature of appointments to the proposed HECI will only enhance the role of
bureaucrats and politicians in running, monitoring and evaluating higher education institutions, at the cost
of academics.

• The move to replace the UGC with the HECI points to the Centre’s aim to restrict the role of the States in
matters relating to education.

• The higher education system in India is populated by institutions of diverse character, composition,
ownership and objectives.
• A one-size-fits-all approach in the name of laying down “uniform standards” and redefining the mandate of
universities based on the “changing priorities of higher education” (which the proposed legislation
contains) not only betrays an insensitivity towards this vast diversity of the universities, but is also an
autocratic attempt to forcefully homogenise them.

Way Forward
• The effectiveness will improve if the government creates another institution for allocating funds and brings
transparency to the process.

• A separate body is required to assume the function of providing education grants to HEIs.

• It must phase out the current system of compartmentalizing research in research councils and education in
HEIs (Higher Education Institutions) while promoting greater cooperation in research among HEIs, industry
and government.

• Ministry must also create a national research foundation, which would be adequately funded and charged
with the responsibility to make research a central feature of our leading universities.

• HECI also needs to clear about the accreditation process in Higher Education Institution.

• Also, most importantly, what higher education in India needs today are determined measures to expand
academic autonomy, enhance public funding, ensure social justice and improve the quality of teaching,
learning and knowledge creation, within its institutions and the legislation needs just that.

• The target of investing 6 per cent of gross national product (GNP) on education, based on the
recommendation of the Kothari Commission (1966), should be achieved.

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 4. The Surrogacy Bill, 2016
https://youtu.be/QQpIZ5sGD5s?list=PLYSuG-KZy7JDDFocgzv1OEJVBNuyIaSTn

Introduction
• Surrogacy involves renting a womb and getting pregnant through assisted reproduction technology in
which neither of the gametes (egg or sperm) belongs to the woman or her husband. Commercial surrogacy
has been legal in India since 2002 with a thriving surrogacy market with an estimated valuation of over 2
billion USD.

• India has been a favourite country for those wanting a surrogate child. The cheap availability of the service
enables an overuse of the practice with commissioning parents arriving from various other countries as
well. In 2002, the Indian Council of Medical Research (ICMR) laid out guidelines for surrogacy, which
made the practice legal, but did not give it legislative backing. This led to a booming surrogacy industry
which had lax laws and no enforcements.
• However, the necessity of legal protection was enforced through the case of Baby Manji vs Union of India.
A Japanese couple commissioned a surrogate mother in India but they ended in a divorce. The single male
parent wasn’t granted custody of the child and the mother refused to accept it. Japan gave the child
humanitarian visa and allowed the grandmother to take the child on behalf of her son, given his genetic
relation with the baby. During the case, however, the Supreme Court recognised that the parent of a
surrogate child may be a male and recognised surrogacy as a positive practice. A draft ART (Assisted
Reproductive Technology) Bill was formulated in 2010, but was never passed as a law.

The Surrogacy Bill, 2016

• Surrogacy is an arrangement whereby an intending couple commissions a surrogate mother to carry their
child.

• Purposes for which surrogacy is permitted : Surrogacy is permitted when it is,

✓ for intending couples who suffer from proven infertility

✓ altruistic

✓ not for commercial purposes; and

✓ not for producing children for sale, prostitution or other forms of exploitation.

• Regulation of surrogacy : The Bill prohibits commercial surrogacy, but allows altruistic surrogacy. Altruistic
surrogacy involves no monetary compensation to the surrogate mother other than the medical expenses
and insurance coverage during the pregnancy. Commercial surrogacy includes surrogacy or its related
procedures undertaken for a monetary benefit or reward (in cash or kind) exceeding the basic medical
expenses and insurance coverage.

• Eligibility criteria for intending couple : The intending couple should have a ‘certificate of essentiality’ and a
‘certificate of eligibility’ issued by the appropriate authority.

• A certificate of essentiality will be issued upon fulfilment of the following conditions:

✓ a certificate of proven infertility of one or both members of the intending couple from a District
Medical Board
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 ✓ an order of parentage and custody of the surrogate child passed by a Magistrate’s court; and

✓ insurance coverage for the surrogate mother.

• The certificate of eligibility is issued upon fulfilment of the following conditions by the intending couple:

✓ Indian citizens and are married for at least five years

✓ between 23 to 50 years old female and 26 to 55 years old male

✓ they do not have any surviving child (biological, adopted or surrogate);

✓ this would not include a child who is mentally or physically challenged or suffers from life
threatening disorder or fatal illness. Other conditions may be specified by regulations.

• Eligibility criteria for surrogate mother : To obtain a certificate of eligibility from the appropriate authority,
the surrogate mother has to:

✓ be a close relative of the intending couple

✓ be an ever married woman having a child of her own

✓ be 25 to 35 years old; (iv) be a surrogate only once in her lifetime; and

✓ possess a certificate of medical and psychological fitness for surrogacy.

• Appropriate authority : The central and state governments shall appoint one or more appropriate authorities
within 90 days of the Bill becoming an Act. The functions of the appropriate authority include;

✓ granting, suspending or cancelling registration of surrogacy clinics

✓ enforcing standards for surrogacy clinics

✓ investigating and taking action against breach of the provisions of the Bill

✓ recommending modifications to the rules and regulations.

• Registration of surrogacy clinics : Surrogacy clinics cannot undertake surrogacy related procedures unless
they are registered by the appropriate authority. Clinics must apply for registration within a period of 60
days from the date of appointment of appropriate authority.
• National and State Surrogacy Boards : The central and the state governments shall constitute the National
Surrogacy Board (NSB) and the State Surrogacy Boards (SSB), respectively. The Bill specifies a range of
offences and penalties for other contraventions of the provisions of the Bill and initiating commercial
surrogacy.

Benefits of Surrogacy Bill

• The Surrogacy (Regulation) Bill, 2016 proposes to regulate surrogacy in India by permitting it as an option
for couples who cannot naturally have children, have a lack of other assisted reproductive technology
options, are keen to have a biological child, and can find a surrogate mother among their relatives.

• While infertility is a growing problem in India, there are many different ways of making a family. Adoption
is an under-utilised option that can not only give happiness to a childless couple but also provide a home
and a future for an orphan child.

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• It tries to battle what Amrita Pande terms the “commodification of motherhood,” which often results in the
exploitation of women in a number of low-income countries, and serves to “reify the structural inequalities
based on class, race, and nationality between the buyers and sellers of wombs”.

• To date, India has had little to no regulation of its thriving surrogacy market. The sole exception being a set
of voluntary guidelines from the Indian Council For Medical Research for assisted reproductive clinics,
which focused on the commissioning couple and did little to safeguard the rights of surrogates.

Key Issues and Analysis

• The Bill permits surrogacy only for couples who cannot conceive a child. The Bill specifies eligibility
conditions that need to be fulfilled by the intending couple in order to commission surrogacy. Further, it
allows additional conditions to be prescribed by regulations. This may be excessive delegation of legislative
powers.
• The surrogate mother and the intending couple need eligibility certificates from the appropriate authority.
The Bill does not specify a time limit within which such certificates will be granted. It also does not specify
an appeal process in case the application is rejected.
• The surrogate mother must be a ‘close relative’ of the intending couple. The Bill does not define the term
‘close relative’. Further, the surrogate mother (close relative) may donate her own egg for the pregnancy.
This may lead to negative health consequences for the surrogate baby.

• For an abortion, in addition to complying with the Medical Termination of Pregnancy Act, 1971, the
approval of the appropriate authority and the consent of the surrogate mother is required. The Bill does not
specify a time limit for granting such an approval. Further, the intending couple has no say in the consent
to abort.

• The Surrogacy Bill fails to adhere to the “Golden Triangle” test devised by the Indian Supreme Court to
inspect the constitutional validity of the laws enacted by the Government. This test of reading equality,
liberty, and freedom of rights conjunctively aims to ensure that the basic fundamental rights of individuals
are not encroached upon by the State.

5. Transgender Persons (Protection of Rights) Bill

https://youtu.be/y4f2ND3nw0c?list=PLYSuG-KZy7JDDFocgzv1OEJVBNuyIaSTn

Introduction
In February 2014, the Supreme Court passed a landmark judgement, NALSA judgment, paving the way for
enshrining the rights of transgenders in law. The apex court deemed that individuals had the right to the self-
identification of their sexual orientation. It ruled that the fundamental rights granted by the Constitution are
equally applicable to transgenders who constitute the 'third gender‘.

Need
• Most gender non-conforming persons are socially isolated and face immense violence even within their
homes
• Also, studies have found that the greatest perpetrators of violence against transpeople are police and other
law-enforcement officials.

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• Discrimination and marginalisation in education and employment

• They face the violation of their right to life and unreported and unregistered hate crimes.

• India's transgender community, which numbers 4.8 million, has been treated in an unjust way. They are
part and parcel of the society and the government must take steps to bring them in the main stream of
society.

Features
• The earlier definition of a transgender was “neither wholly male nor female, a combination of female or
male, or neither female nor male and whose sense of gender does not match with the gender assigned to
that person at the time of birth”, has been removed, as per the advice of the standing committee.
• According to the new definition proposed in the Bill, “a transgender means a person whose gender does
not match with the gender assigned to that person at birth and includes trans-man or trans-women
(whether or not such persons has undergone sex reassignment surgery or hormone therapy or laser therapy
or such other therapy)”.

• The provision of recommendation required from district screening committees for issuing a certificate, if a
transgender undergoes a surgery to change his or her gender has also been done away with.
• A transgender, who has already been issued a certificate and undergoes a surgery to his or her gender, may
now get it from the medical superintendent or chief medical officer, authenticating the same to make an
application to the district magistrate for a revised certificate.

• 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.

• While the Bill laid down that there should be no discrimination against a transgender person, it was not
defined – which has now been rectified in the modified Bill.

• The revised Bill defines the term “discrimination” as per the Yogyakarta Principles on International Human
Rights Law with regards to sexual orientation and gender identity. It provides a redress mechanism against
discrimination.

• It also provides for punishment of up to two-year imprisonment for crimes against transgender persons
based on the severity of offence. Offences like compelling a transgender person to beg, denial of access to
a public place, physical and sexual abuse, etc. would attract up to two years’ imprisonment and a fine.

• The Bill had earlier made it mandatory for any organisation employing 100 or more persons to designate
an official to examine complaints of discrimination and other grievances. The government has modified this
and removed the limit of 100 persons to include to all organizations and institutions.

Issues
• The issues that have been kept off the Bill’s purview are reservations in education and jobs for transgender
persons, and recognizing their right to partnership and marriage. It is also silent on decriminalising
homosexuality under Section 377 that directly concerns transgenders.

• The Bill is completely silent on how its content will impact the operation of existing laws. Most laws,
including of marriage, adoption and succession, continue to be based on the binary of male and female.

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• Criminal laws, especially those dealing with sexual offences, also continue to be gendered. Certain
criminal and personal laws that are currently in force only recognize the genders of ‘man’ and ‘woman’.

• It is unclear how such laws would apply to transgender persons who may not identify with either of the two
genders.

• The anti-discriminatory clauses of this Bill are extended to education, health care and social security.

• A central plank of the previous Bill is earmarking jobs for transgenders. This has been lost in translation
when it comes to the diluted new draft.

• The new draft is treated as a panacea to create equity among the sexes. The bill which was recently
approved by the cabinet is an utter travesty that aims to strip away the core of the NALSA judgement.
• Bill says that no transgender shall be separated from parents or immediate family except on the order of a
competent court in the interest of such a person and that if the family is unable to care for the person, the
transgender should be placed in a rehabilitation centre.
• For long the transgender community has demanded that the definition of family should be expanded to
include the Hijra or Aravani community elders, who adopt young transgender children and ensure that they
are not put at risk, and that the Hijra family system is not criminalised.
• Decriminalizes begging

• No mention of sex work

• No mention of counselling services, provision of separate toilets, etc

Way Forward
• Self – Identification of gender

• Affirmative action by state Implementation of the welfare policies

• Taking steps to make a just and inclusive society for them.

• E.g. In order to promote gender quality, the Chhattisgarh government has decided to recruit transgender in
the police force.

6. The Right of Children to Free and Compulsory Education (2nd

Amendment) Bill, 2017
https://youtu.be/jJ4t7xHQzXo?list=PLYSuG-KZy7JDDFocgzv1OEJVBNuyIaSTn

Introduction
• Under the Right of Children to Free and Compulsory Education (RTE) Act, 2009, all children between the
ages of six and 14 years have the right to elementary education (class 1-8) in a neighbourhood school and
no child can be held back in any class until the completion of elementary school (classes 1-8). The Bill
amends this provision to empower the central or state government to allow schools to hold back a child in
class 5, class 8, or in both classes.

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• The Bill states that a regular examination will be held in class 5 and class 8 at the end of every academic
year. If a child fails in these examinations, he will be given additional instruction and the opportunity for a
re-examination (within two months from the declaration of the result).
• If he fails in the re-examination, the child may be held back in class 5, class 8, or in both classes. The
central and state government may also decide to not hold back the child in any class till the completion of
elementary education. Further, the central or state government will decide the manner and the conditions
subject to which a child may be held back.

Advantages and disadvantages of detention:

• It has been argued that automatically promoting all children to the next class reduces the incentive for
children to learn and for teachers to teach. The Central Advisory Board on Education (CABE, 2014),
National Achievement Survey (2012), and the Economic Survey (2016-17) observed declining learning
levels in elementary education even after the implementation of the RTE Act. The CABE sub-committee
(2014) recommended that an assessment of learning outcomes is required to determine promotion to the
next class. This would also improve accountability of schools and teachers to deliver quality education.

• Others argue that detaining a child could be counter productive as it is de- motivating and leads to them
dropping out of school. Experts have highlighted that repeating a class on failing an exam presumes that
the child is at fault and does not acknowledge the role of other factors that affect learning outcomes of
children. Poor learning outcomes could be due to lack of professionally qualified teachers, teacher
absenteeism, limited infrastructure, and inadequate roll out of the Continuous and Comprehensive
Evaluation method of teaching and assessment.

Flexibility for states to determine examination and detention

The Bill amends the RTE Act, 2009 to require assessment of learning levels through examinations in class 5
and class 8. The Bill allows states to determine whether to detain children upon failing in these examinations.
While several states have requested for a modification of the no-detention provision in the RTE Act, the
provisions of the Bill are at variance with the views of several states with regard to assessing learning
outcomes and detention. Education is a concurrent subject under the Constitution, and the central law will
override the state law. This raises the question whether the central law should specify details such as which
classes should be subject to examination and detention or whether such decisions should be left to state
legislatures to make based on their local context and needs.

Lack of clarity on who administers the examination

The Bill amends the RTE Act to require a regular examination to be conducted in class 5 and class 8 at the
end of the academic year in all schools. However, the Bill does not specify who will administer the exam i.e.,
whether the exam will be conducted by the centre, or states, or the school.

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 7. Anti-Trafficking Bill
https://youtu.be/m70A4vnViTA?list=PLYSuG-KZy7JDDFocgzv1OEJVBNuyIaSTn

Introduction
• The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2018, was introduced in the
Parliament.

• The Bill was introduced by Maneka Gandhi, Women and Child Development Minister, and is being touted
as India’s first comprehensive anti-trafficking bill.

• The Bill is intended to prevent trafficking of persons, especially women and children and to provide care,
protection and rehabilitation to the victims of trafficking, to prosecute offenders and to create a legal,
economic and social environment for the victims.

Need
• The current law on trafficking only criminalizes the act of trafficking. There is no framework for prevention
of trafficking, or the protection and rehabilitation of victims.

• The Bill creates a dedicated three-tier institutional framework at national, state and district level to ensure
the effective implementation of the law at all levels.
• It will attempt to supplement the already present criminal provisions to combat trafficking and fulfil the
purpose of Article 23 of the Constitution – to protect persons from forms of exploitation such as forced
labour and trafficking.
• India has also signed and ratified the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against Transnational
Organised Crime which required India to formulate a comprehensive approach to eliminate all forms of
trafficking.

• India has taken the lead in achieving the UN Sustainable Development Goals by the year 2030.

• Goal 8.7 pertains to the need to take immediate and effective measures to eradicate forced labour, end
modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of
child labour, including recruitment and use of child soldiers by 2030, and by 2025 end child labour in all
its forms.
• Goal 16.2 seeks to end abuse, exploitation, trafficking and all forms of violence against and torture of
children.

Features
• The Bill proposes establishing a National Anti-Trafficking Bureau (NATB) for coordinating, monitoring and
surveillance of trafficking cases.

• The Bureau will comprise of police officers, and any other officers as required.

• It may take over the investigation of any offence under the Bill, that has been referred to it by two or more
states.

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• Further, the Bureau may

✓ request the state government to co-operate in the investigation, or

✓ transfer the case to the state government for investigation and trial, with approval from the central
government.

• State Anti-Trafficking Officers : Under the Bill, the state government will appoint a State Nodal Officer. He
will be responsible for :

✓ follow up action under the Bill, as per the instructions of the State Anti-Trafficking Committee, and

✓ providing relief and rehabilitation services.

• The state government will also appoint a Police Nodal Officer at the state and district levels. The state
government will also designate Anti-Trafficking Police Officers for each district, to deal with all matters
related to trafficking in the district.
• Anti-Trafficking Units : The Bill also provides for the setting up of Anti-Trafficking Units (ATUs) at the district
level. 

ATUs will deal with the prevention, rescue, and protection of victims and witnesses, and for the
investigation and prosecution of trafficking offences. In districts where an ATU is not functional, this
responsibility will be taken up by the local police station.

• Anti-Trafficking Relief and Rehabilitation Committee : The Bill provides for the establishment of Anti-
Trafficking Relief and Rehabilitation Committees (ATCs) at the national, state, and district levels. These
Committees will be responsible for:

✓ providing compensation to victims,

✓ repatriation of victims, and

✓ re-integration of victims in society, among others

• Protection and rehabilitation : The Bill requires the central or state government to set up Protection Homes.
These would provide shelter, food, counselling, and medical services to victims. Further, the central or state
government will maintain Rehabilitation Homes in each district, to provide long-term rehabilitation to the
victims. 

Rehabilitation of victims will not be dependent on criminal proceedings being initiated against the
accused, or the outcome of the proceedings. The central government will also create a Rehabilitation Fund,
which will be used to set up these Protection and Rehabilitation Homes. It also provides for a Relief and
Rehabilitation Committee and Rehabilitation Fund with an initial allocation of ₹ 10 crore.

• Time-bound trial : The Bill provides for setting up designated courts in each district, which will seek to
complete trial within a year.

• Penalties : The Bill specifies the penalties for various offences including for

✓ trafficking of persons,

✓ promoting trafficking,

✓ disclosing the identity of the victim, and

✓ aggravated trafficking (such as trafficking for bonded labour and begging)

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 For example, aggravated trafficking will be punishable with rigorous imprisonment of 10 years up to life
imprisonment, along with a minimum fine of one lakh rupees.

Further, the publishing of any material which may lead to the trafficking of a person will be punishable with
imprisonment between five and 10 years, and a fine between Rs 50,000 and one lakh rupees. It prescribes
forfeiture of property used or likely to be used for the commission of an offence.

Importance
• It creates economic deterrence by attachment and forfeiture of property and freezing of bank accounts used
for trafficking.

• It directs surveys, awareness generation and community-based rehabilitation and the creation of a special
action plan for prevention of trafficking.

• International cooperation to tackle cross-border trafficking.

• It provides a right to rehabilitation to survivors through

✓ Special rehabilitation agencies at all levels

✓ dedicated rehabilitation fund for survivors for assistance in the form of psychological, social and
economic rehabilitation, which is not contingent upon conviction.

✓ It provides capital, infrastructure and skill development to survivors to become self-dependent.

• The Bill protects and rehabilitates child victims of trafficking, but leaves it to the choice and agency of an
adult sex worker to accept or decline the option of rehabilitation.

• It does not resort to institutionalisation, but only provides the option of a safe place to stay to survivors.

• It creates designated courts and special prosecutors for time-bound prosecution of offenders. The Bill does
not criminalise voluntary sex work.

• It is aims at criminalisation of trafficking in line with the already existing definition of trafficking under
Section 370 of the Indian Penal Code 1860.

Issues
• Neither Clear Nor Comprehensive : A ''comprehensive law'' is expected to harmonize different approaches
and integrate existing law into one but the Anti-trafficking Bill does not do that.

• No Research Or Rationale Behind it : It not has been preceded by any substantial research and analysis. 15
years ago Nation Human Rights Commission conducted a study to produce an report ''Trafficking in
women and children in india'' but this study is not relevant in present context.

• The bill is seen as a “rehash of existing laws” as the offence of trafficking was already covered by Section
370 of IPC.

• It has only added to the existing overlapping cocktail of laws, and through the creation of ten anti-
trafficking bureaucratic bodies, it will create confusion in the enforcement of these laws.

It raises questions about the provisions for confiscation of properties likely to be misused.

• It should not be conflated with sex work and the Bill lacks safeguards to ensure that people who voluntarily
enter into sex trade are not harassed.

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• Instead of making laws and policies that drive safer migration for women, the policies emphasise the
deterrence of women's right to mobility.

• Moreover, the negation of consent within the bill seems to be an elaborate stratagem to disguise the
ignorance of the lawmakers of the causes of trafficking – poverty, unequal growth, skewed development,
lack of employment.

• Missing children not mentioned : The anti-trafficking Bill does not mention missing children anywhere.
However, the NCRB data on missing children is startling. In the year 2016, around 2.90 lakh children were
reportedly missing, of whom more than 50 percent are girls. A large number of them are drawn into
trafficking.

• Will be a setback for already marginalised groups, including bonded labourers, child labourers, migrant
workers, sex workers etc.

• The Bill also speaks of repatriation but fails to mention the psycho-socio and economic rehabilitation of the
victim.

• It has failed to remove Section 8 of the Immoral Trafficking Prevention Act (ITPA) under which women are
punished for soliciting in a public place for no fault of their own. The reality is that they are vulnerable
because they are hungry, homeless, and unskilled.

Way Forward
The government must refer the Bill to a standing committee for comprehensive consultations with Indian
trade unions and workers groups.

8. HIV/AIDS Prevention Bill

https://youtu.be/9X4wUKPWMAU?list=PLYSuG-KZy7JDDFocgzv1OEJVBNuyIaSTn

Introduction
It aims to end the epidemic by 2030 in accordance with the Sustainable Development Goals set by the
United Nations. There are approximately 21 lakh persons living with HIV in India. It has been drafted to
safeguard the rights of people living with HIV and affected by HIV.

Features
• Prohibition of discrimination against HIV positive persons : It lists the various grounds on which
discrimination against HIV positive persons and those living with them is prohibited. 

These include the denial, termination, discontinuation or unfair treatment with regard to: employment,
educational establishments, health care services, residing or renting property, standing for public or private
office, and provision of insurance. 

The requirement for HIV testing as a pre-requisite for obtaining employment or accessing health care or
education is also prohibited.

• Informed consent and disclosure of HIV status : It requires that no HIV test, medical treatment, or research
will be conducted on a person without his informed consent. No person shall be compelled to disclose his
HIV status except with his informed consent, and if required by a court order. Informed consent for an HIV
test will not be required in case of screening by any licensed blood bank, a court order, medical research,

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 and epidemiological purposes where the HIV test is anonymous and not meant to determine the HIV status
of a person. Establishments keeping records of information of HIV positive persons shall adopt data
protection measures.

• Role of the central and state governments : The central and state governments shall take measures to

✓ Prevent the spread of HIV or AIDS,

✓ Provide anti-retroviral therapy and infection management for persons with HIV or AIDS, Facilitate
their access to welfare schemes especially for women and children, Formulate HIV or AIDS
education communication programmes that are age appropriate, gender sensitive, and non
stigmatizing

✓ Lay guidelines for the care and treatment of children with HIV or AIDS.

✓ It will also promote research to check the spread of HIV virus and come out with aggressive
strategies, especially in high risk areas.

✓ Every person in the care and custody of the state shall have right to HIV prevention, testing, treatment
and counselling services.

• Role of the Ombudsman : An ombudsman shall be appointed by each state government to inquire into
complaints related to the violation of the Act and the provision of health care services. 

The Ombudsman shall submit a report to the state government every six months stating the number and
nature of complaints received, the actions taken and orders passed. 

Every HIV infected or affected person below the age of 18 years has the right to reside in a shared
household and enjoy the facilities of the household.
• Guardianship : A person between the age of 12 to 18 years who has sufficient maturity in understanding
and managing the affairs of his HIV or AIDS affected family shall be competent to act as a guardian of
another sibling below 18 years of age. The guardianship will be apply in matters relating to admission to
educational establishments, operating bank accounts, managing property, care and treatment, amongst
others.

• Court proceedings : Cases relating to HIV positive persons shall be disposed off by the court on a priority
basis. In any legal proceeding, if an HIV infected or affected person is a party, the court may pass orders
that the proceedings be conducted

✓ by suppressing the identity of the person,

✓ in camera, and

✓ to restrain any person from publishing information that discloses the identity of the applicant.

When passing any order with regard to a maintenance application filed by an HIV infected or affected
person, the court shall take into account the medical expenses incurred by the applicant. It prohibits any
individual from publishing information or advocating feelings of hatred against HIV positive persons and
those living with them.

Issues
• The major disappointment is that the Bill places an obligation on the State governments to provide
treatment “as far as possible,” making it weak and open to interpretation.

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• It is reckoned that the HIV Bill, instead of protecting and safeguarding our welfare is now protecting the
government.

• It is seen that it has fallen short of making access to ART a right.

• It is an important factor to make it a success as the percentage of patients receiving anti-retroviral therapy
(ART) treatment currently stands at a mere 25.82% as against the global percentage of 41%, according to
the 2015 Global Burden of Diseases (GBD).
• Lack of enough budget

• Shortage of medicines

Way Forward
• It is criticized that the stigma associated with the disease could not be eradicated by laws alone.

• There is a need for active community participation.

• Insurance cover for the affected people with the premium being paid by the government should also be
considered.

• Also, couples affected with HIV should be given the right to adopt children.

• The budget needs to be increased as diagnostic kits and pediatric formulations of anti-retrovirals (ARTs) are
perpetually in short supply.

• An example could be a streamlined process of procurement and storage of medicines related to HIV/AIDS.
Eg. Tamil Nadu model of direct procurement from manufacturers prevents any leakages and also reduces
drug prices.

9. The Fugitive Economic Offenders Bill, 2018

• Economic offences relate to fraud, counterfeiting, money-laundering, and tax evasion, among others.
Currently, various laws contain provisions to penalise such offences. These include:

✓ the Prevention of Money-Laundering Act (PMLA), 2002 which prohibits money-laundering,

✓ the Benami Properties Transactions Act, 1988 which prohibits benami transactions, and

✓ he Companies Act, 2013 which punishes fraud and unlawful acceptance of deposits. Other laws
such as the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973 also cover economic
offences, such as forgery and cheating.

• In 2017, the Ministry of Finance released a draft Bill to address cases of high-value economic offenders
fleeing the country to avoid prosecution and requirement a fast and effective framework to tackle the
problem at hand.

Key features
• Fugitive economic offender (FEO): An FEO is a person against whom an arrest warrant has been issued for
committing any offence listed in the Schedule to the Bill, and the value of the offence is at least Rs 100
crore. Further, the person has left the country and refuses to return, in order to avoid facing prosecution.
The Bill lists 55 economic offences in the Schedule, which include:

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 ✓ counterfeiting government stamps or currency,

✓ dishonouring cheques,

✓ benami transactions,

✓ transactions defrauding creditors,

✓ tax evasion, and

✓ money-laundering
• To declare a person an FEO, an application will be filed in a Special Court (designated under the
Prevention of Money-Laundering Act, 2002) containing details of the properties to be confiscated, and any
information about the person’s whereabouts. The Special Court will require the person to appear at a
specified place at least six weeks from issue of notice. Proceedings will be terminated if the person
appears

• The Bill allows authorities to provisionally attach properties of an accused, while the application is pending
before the Special Court

• Upon declaration as an FEO, properties of a person may be confiscated and vested in the central
government, free of encumbrances (rights and claims in the property). Further, the FEO or any company
associated with him may be barred from filing or defending civil claims.

• Authorities: The authorities under the PMLA, 2002 will exercise powers given to them under the Bill.
These powers will be similar to those of a civil court, including: (i) search of persons in possession of
records or proceeds of crime, (ii) search of premises on the belief that a person is an FEO, and (iii) seizure
of documents.

Issues and Analysis:

• Barring persons from filing or defending civil claims may violate Article 2- Under Clause 14, any court or
tribunal may bar an FEO from filing or defending any civil claim before it. Further, the Bill allows courts to
bar a company from filing or defending any civil claim before it if the promoter, key managerial personnel
(such as manager or CEO), or majority shareholder is an FEO. It may be argued that such a bar could
violate Article 21 of the Constitution.

• Use of sale proceeds from confiscated property not specified - The Bill specifies that an FEO’s properties
will be confiscated and vested in the central government, free of encumbrances (claims or rights in the
property). The central government may dispose of the properties after 90 days. The Bill does not specify
how the central government will use the sale proceeds

• Provisions related to search may not contain safeguard- The Bill allows a search to be conducted without a
search warrant or witnesses. This differs from other laws, such as the Code of Criminal of Procedure
(CrPC), 1973, which provide certain safeguards.

• Procedures under the Bill similar to existing laws- The Bill provides for provisional attachment of
properties, and subsequent confiscation if a person is declared an FEO. This is similar to the CrPC, 1973,
which also allows for attachment and confiscation of properties of absconders. Under the CrPC, 1973, the
attached properties may be returned if the absconder appears within two years. This implies that properties
will be finally confiscated only after two years of attachment. In contrast, under the Bill, confiscation of
properties will be final once a person is declared an FEO by the Special Court. Most of the procedural
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aspects under the Bill (with a few exceptions) are similar to existing laws such as the CrPC, 1973, and the
Prevention of Money-Laundering Act (PMLA), 2002

10. Ordinances and Important related Judicial Rulings

https://youtu.be/_7nDmJ5BwS0?list=PLYSuG-KZy7JDDFocgzv1OEJVBNuyIaSTn

• Ordinances are temporary laws which can be issued by the President when Parliament is not in session.
Ordinances are issued by the President based on the advice of the Union Cabinet. The purpose of
Ordinances is to allow governments to take immediate legislative action if circumstances make it
necessary to do so at a time when Parliament is not in session.

• The President has been empowered to promulgate Ordinances based on the advice of the central
government under Article 123 of the Constitution. This legislative power is available to the President only
when either of the two Houses of Parliament is not in session to enact laws. Additionally, the President
cannot promulgate an Ordinance unless he ‘is satisfied’ that there are circumstances that require taking
‘immediate action’. Similar power is available to the Governor under Article 213

• Ordinances must be approved by Parliament within six weeks of reassembling or they shall cease to
operate. They also cease to operate in case resolutions disapproving the Ordinance are passed by both
Houses.

• Ordinances became part of the Indian Constitution after much debate and discussion. Some Members of
the Constituent Assembly emphasised that the Ordinance making power of the President was
extraordinary and issuing of Ordinances could be interpreted as against constitutional morality. Some
Members felt that Ordinances were a hindrance to personal freedom and a relic of foreign rule. Others
argued that Ordinances should be left as a provision to be used only in the case of emergencies, for
example, in the breakdown of State machinery. As a safeguard, Members argued that the provision that a
session of Parliament must be held within 6 months of passing an Ordinance be added.

• Re-promulgation of ordinances and the subjective satisfaction of the President emerged as a massive
th
issues. Indira Gandhi led Government passed the 38 Constitutional (Amendment) Act, 1975 which has
expressly excluded the subjective satisfaction of the President outside the purview of Judicial Review.
th
Further in 44 (Amendment) Act, 1978 deleted this clause, holding that the power of President could be
challenged in the Court of Law if it is based on bad faith, corrupt motive or had any malafide intention.

• The case of S.R. Bommai v. Union of India, in this case the scope of Judicial Review was expanded as to
where the court told that where the action by the President is taken without the relevant materials, the
same would be falling under the category of “obviously perverse” and the action would be considered to
be in bad faith.

• The issue of re-promulgation was taken up in 1986 Supreme Court judgement in the D.C. Wadhwa v.
State of Bihar case wherein the court was examining a case where a state government (under the
authority of the Governor) continued to re-promulgate Ordinances, the Constitution Bench headed by
Chief Justice P.N. Bhagwati observed: “The power to promulgate an Ordinance is essentially a power to
be used to meet an extraordinary situation and it cannot be allowed to be “perverted to serve political
ends”.
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 • The power of judicial review of ordinances was once again discussed in year 1998 in the case of Krishna
Kumar Singh v State of Bihar, in this case the Supreme Court struck down many number of ordinances
stating that no particular basis for the exercise of the Ordinance making power of the President had been
shown.

• In 2017, a even-judge Constitution Bench of the Supreme Court in Krishna Kumar Singh vs. State of
Bihar has held that re-promulgation of ordinances is a fraud on the Constitution and a subversion of
democratic legislative processes. The court also held that the satisfaction of the President under Article
123 and of the Governor under Article 213 while issuing ordinances is not immune from judicial review.

• Looking back to the Bommai case, Justice Chandrachud ruled that a similar standard of review could be
applied to ordinances too; the court, in these cases, he held, will not enquire into the adequacy or
sufficiency of the material before the President or the Governor, but it can investigate to see if there has
been either a fraud or an abuse of power committed by the executive. It further concludes that the failure
to place an ordinance before the legislature constitutes abuse of power and a fraud on the Constitution.

• Secondly, the court held, Ordinances have the same force and effect of a legislation only so long as they
are operational. In other words, once the conditions imposed by Article 123 or Article 213, as the case
may be, are infracted, the question of what effects will survive from the ordinance will have to be
independently assessed.

11. Motor Vehicles Bill, 2017

https://youtu.be/FI_dec7_TXU?list=PLYSuG-KZy7JDDFocgzv1OEJVBNuyIaSTn

Introduction
• The Motor Vehicle Act of 1988 has not been updated ever since it first came into being.

• Going by the number of accidents in the latest Road Accidents in India report by the Road Transport and
Highways Ministry, there were a total of 4,80,652 accidents in India in 2016 leading to about 1.5 lakh
deaths.

• Given these numbers, the new Motor Vehicle Amendment Bill aims to curb accidents with stiffer penalties.
The government aims to reduce accidents and fatalities on road by 50 percent in the next five years with
this bill.

Need
• It is in adherence with the Brasilian declaration which is to reduce mortality due to road accidents by 50%
by 2020.

• For India, road accidents and delay in logistics, etc costs 3% of GDP whereas for other countries, the
number is 1.5%.
• It is an important measure as it aimed to adapt to the technological upgradation emerging in road transport
sector and curb corruption in the process.

Features
• It makes Aadhaar mandatory for getting a driving license and vehicle registration.

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• Funds for hit and run accidents : A motor vehicle accident fund has been constituted for the treatment of
injured person, compensation to the person hurt or to the representatives of person died in hit and run
case.

• For deaths in hit-and-run cases, the government will provide a compensation of Rs 2 lakh or more to the
victim's family. Currently, the amount is just Rs 25,000.
• Hassle-free and quick services : The Bill proposes increasing validity of driving licenses, getting learning
licenses online and omitting the requirement of minimum qualification to get a driving license issued.

To obtain a driving licence without the help of touts is difficult.

The Motor Vehicles (Amendment) Bill seeks to redress this by taking the process online. Tests for driving
licences will be automated, and learner’s licences will be issued online.

• Stricter penalties : For offences such as drunken driving, dangerous driving, non-adherence to safety norms
by drivers (like wearing helmets etc.)

The bill has proposed three-year jail term for parents of minors who are caught driving with 10-fold
increase in compensation to victim.

• Protection of Good Samaritans : The bill has provision for protection of Good Samaritans. Those who come
forward to help accident victims will be protected from civil or criminal liability. It will be optional for
them to disclose their identity to the police or medical personnel.

• Aggregators : State governments were to issue licenses to aggregators in conformity with guidelines issued
by the central government which was made optional in this bill. Aggregators are as yet unregulated in
India, and this Bill seeks to change that. Since these cab aggregators use technology as a platform to reach
out to customers, the bill also ensures that every such aggregator shall comply with the provisions of the IT
Act, 2000.
• Vehicle recall : The new Bill provides for the recall of vehicles if the defective vehicle is a danger to the
environment, the driver or other road users. The manufacturer will then have to reimburse all buyers with
the full cost of the vehicle, replace the defective vehicle, and if necessary pay a fine as specified by the
government. So far, manufacturers were at the helm of product recalls. The introduction of this clause
means the industry will have to shift from a voluntary code to something that is legally enforceable. It will
be mandatory to alter vehicles to make them suitable for specially abled people.
• Third-party insurance : The 2016 version of the Bill had capped the payments to be made under third-party
insurance. It has removed that cap.

• Agency for road safety : It provides for a National Road Safety Board (as recommended by Sundar
committee) to be notified by central government. It also provides that any contractor or consultant
responsible for the design, construction, or maintenance of the safety standards of roads would need to
adhere to specified standards by state/central government and would be held responsible through penalty
for road accidents instead of bad drivers. 

Also, it empowers the Central Government to make schemes for national, multi-modal and inter-state
transportation of goods or passengers.

Issues
• It has been alleged that the bill would help corporate and dilute the powers of the state governments.

• The registration charges to be paid to the dealers would be higher than what the RTO charges.
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• Also, the bill favoured the Centre and, if passed in the current form, it would lead to clashes between
central and state governments over various issues.

• Also, higher penalty is being criticized that it would hurt the poor people as the police never slaps
penalties on the rich.

• Research shows that imposing stricter penalties tends to reduce the level of enforcement of road rules.

• According to IIT Delhi’s Road Safety in India report of 2015, the deterrent effect of law depends on the
severity and swiftness of penalties as well as the perception that the possibility of being caught for
violations is high

• A new provision empowers the Central Government to make schemes for national, multi- modal and inter-
state transportation of goods or passengers.

• As per the present Act, the power to make scheme for inter-state transportation of goods or passengers is an
exclusive domain of the states.
• Inter-state permits are issued in accordance with reciprocal agreements made by states through such
schemes.

• This is sought to be diluted. And it further provides that in the event of any repugnancy between the
schemes made by the Central Government and schemes made by two or more States , the schemes made
by Central Government will prevail.

• The “Road Safety Board” proposed by the Bill has only advisory powers.

• It done away with the minimum educational requirement for obtaining transport license. The wisdom
behind this move has been questioned, as transport license is used for driving heavy motor vehicles like
trucks, buses etc, which have more potential for accidents.

Way Forward
There is a need for a accountable and professional police force then only the record of traffic fatalities is
likely to change. State governments must prepare for an early roll-out of administrative reforms.

If implemented well, obtaining a driving license without a test would be impossible for anyone, including
politicians and it would help to save many lives and make Indian roads safe.

12. Model Questions for Practice

• With growing infertility, surrogacy has emerged as a convenient option for many. Examine the issue of
surrogacy in India and whether the Surrogacy regulation bill provides answers to the problem at hand.

• Critically analyse the Surrogacy Bill, 2016.

• Examine the Surrogacy Bill, 2016. Analyse whether it seeks to extend or curtail the reproductive rights of
women in India.

• Critically analyse the Fugitive Economic Offenders Bill, 2018. Examine if the same helps further the
prevention of economic offences.

• Despite the progress made via the Fugitive Economic Offenders Bill, 2018, major issues plague the same.
Discuss.

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• Do you think National Medical Commission Bill is enough to improve the quality and quantity of medical
education and practice in India? Critically discuss.

• “It is believed that HECI will cater to the changing priorities of higher education.” Do you agree? Comment.

• Do you think that Motor Vehicles (Amendment) Bill, if passed in the present form, will jeopardize the
centre and states relationship? Analyse.

• “The LGBTQ community remains the most disadvantaged section of the community in our country.”

• Discuss the above statement in the light of recent steps that the government has taken in the recent past.

• The Supreme Court verdict in Krishna Kumar Singh v/s state of Bihar upholds the ideals of
Constitutionalism and democratic legislative process. Discuss.
• Do you think the recently passed HIV/AIDS Prevention bill is a step in the right direction to achieve SDG –
3, that is,  to “end the epidemic of AIDS” (among others) by 2030? Critically analyze.

• The RTE second amendment, 2017 seeks to correct the poor learning outcomes among students in India.

• Critically analyze the reintroduction of detention policy keeping in mind its advantages and disadvantages.

• The 123rd Constitutional Amendment Act aids the cause of social justice. Critically analyze.

• “India's "Anti-Trafficking" Bill ignores Socio-Economic Realities of Trafficked Persons.” Discuss.

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