Private Members Bills Introduced in the Rajya Sabha

REGISTERED NO. DL—(N)04/0007/2003—22 The Gazette of India CG-DL-E-07022024-251887 EXTRAORDINARY PART II — Section 2 PUBLISHED BY AUTHORITY No. 2] NEW DELHI, FRIDAY, FEBRUARY 2, 2022/MAGHA 13, 1945 (SAKA) Separate paging is given to this Part in order that it may be filed as a separate compilation. RAJYA SABHA ———— The following Bills have been introduced in the Rajya Sabha on the 2nd February, 2024:— BILL NO. XCV OF 2022 A Bill further to amend the Right of Children of Free and Compulsory Education Act, 2009. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— 1. (1) This Act may be called the Right of Chidren to Free and Compulsory Education (Amendment) Act, 2022. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In section 2 of the Right of Children to Free and Compulsory Education Act, 2009, (hereinafter referred to as the principal Act) after clause (g), the following clause shall be inserted, namely,— Amendment of section 2. “(ga) “health care services and emergency medical aid’’ means diagnosis, prevention, treatment, cure, or relief of a physical, mental, or behavioural health condition illness, or disease, including mental health and substance use disorders;’’. 35 of 2009 3. In section 8 of the principal Act, after clause (d), the following clause shall be inserted, namely,— Amendment of section 8. “(da) formulate a scheme within ninety days from the commencement of this Act to provide free health care services and emergency medical aid to every child of the age of six to fourteen years, including a child referred to in clause (d) or clause (e) of section 2, during the course of education; Explanation 1.—The term “course of education means the time during which a child is present at an educational institution for education or education related activities; Explanation 2.—Notwithstanding anything contained in any law for the time being in force this clause shall apply to school as defined under this Act.’’. 4. After section 19 of the principal Act, the following new section shall be inserted, namely,— Insertion of new section 19A. Duty of school. “19A. It shall be the duty of every school, as defined under this Act, to provide health care services and emergency medical aid to all children who have been enrolled as a student of thier institution during the course of education, in a manner as may be prescribed.’’. 5. After section 35 of the principal Act, the following new section shall be inserted, namely,— Insertion of new section 35A. Penalty. “35A. Any school or person who fails to comply with the provisions of clause (da) of section 8 or section 19A, shall be punishable with a fine which may extend up to five lakh rupees.’’. STATEMENT OF OBJECTS AND REASONS The right to health is an in alienable right enshrined under the Constitution of India, a corollary right which shall be protected by the State in its parens partiae role. The value of right to health can be explained at its best from a Kantian perspective, which says that, every human being has an intrinsic worth which makes them valuable above all price. Right to education also became a Constitutional as well as a statutory right which got realised by the Right of Children to Free and Compulsory Education Act, 2009. Albeit the fact that right to edcucation are logical corollaries and complementary to each other, right of a child to health care services and emergency medical aid during education is silent in the present laws. As a univeral principle, educational right can be enjoyed a child with good health, which can only be realised by right to health care services and emergency medical aid during the course of education. The Bill therefore proposes to insert, in Right of Children to Free and Compulsory Education Act, 2009 provisions for free health care services and emergency medical aid to every child of the age of six to fourteen years. Hence, this Bill. A.A. RAHIM. FINANCIAL MEMORANDUM Clause 5 inter alia provide for measures to be taken by the Central Government for economic rehabilitation of Kashmiri Pandits. Clause 7 inter alia provides for separate budget for development of community assets of Kashmiri Pandits, and for setting up of the Kashmiri Hindu Shrine Board. Clause 8 inter alia provides for measures involving expenditure to ensure safety and security of Kashmiri Pandits. Clause 10 provides for rehabilitation and resettlement package for Kashmiri Pandits. 2. The Bill, if enacted, will involve additional expenditure, either recurring or non recurring, from the Consolidated Fund of India. However, at this stage, it is difficult to make any estimate of the expenditure. MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 12 of the Bill empowers the Central Government to make rules for carrying out in the purposes of the Bill. 2. As the rules will relate to matters of details only, the delegation of legislative power is of normal character. BILL NO. XLIX OF 2023 A Bill to provide adequate protection and assistance to witnesses in criminal cases and to establish a procedure and mechanism to provide such protection and for matters connected and incidental thereto. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— 1. (1) This Act may be called the Witness Protection Act, 2023. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint. 2. In this Act, unless the context otherwise requires — Definitions. (a) "appropriate Government" means in case of a State, the Government of that State and in the case of Union Territories, the Union Territory Administration or the Central Government, as the case may be; (b) "Competent Authority" means the Witness Protection Authority constituted under section 3; (c) "concealing of identity of the witness" means and includes any condition prohibiting publication or revealing, in any manner, directly or indirectly, of the name, address and other particulars which may lead to the identification of the witness during investigation, trial and post-trial stage; (d) "court" means the court having the jurisdiction for trying the offence where the witness is to tender evidence; (e) "family member" includes parents or guardian, spouse, live-in partner, children, grandchildren of the witness; (f) "in camera proceedings" means proceedings wherein the Competent Authority or Court allows only those persons who are necessarily to be present while hearing and deciding the witness protection application or deposing in the court; (g) "Live Link" means and includes a live video link or other such arrangement which enables a witness, while not being physically present in the courtroom, for deposing in the matter or interacting with the Competent Authority; (h) "Offence" means those offences which are punishable with death or life imprisonment or an imprisonment up to seven years and above and also offences punishable under Section 354, 354A, 354B, 354C, 354D and 509 of IPC; (i) "prescribed" means prescribed by the rules or regulations made under this Act; (j) "Threat Analysis Report" means a detailed report prepared and submitted by the Head of the Police in the District investigating the case with regard to the seriousness and credibility of the threat perception to the witness or his family members; containing therein specific details about the nature of threats faced by the witness or his family to their life, reputation or property apart from analyzing the extent, the person or persons making the threat, have the intent, motive and resources to implement the threats; (k) "witness" means any person, who possesses information or document about any offence; (l) "Witness Protection Cell" means a dedicated Cell of State or Union Territory or Central Police Agencies established under section 5 of the Act, assigned with the duty to implement the witness protection order; (m) "Witness Protection Fund" means the fund established under section 6 of the Act, for bearing the expenses incurred during the implementation of Witness Protection Order passed by the Competent Authority under this Act; (n) "witness protection measures" means measures mentioned in section 10 of the Act; (o) "Witness Protection Order" means an order passed by the Competent Authority detailing the witness protection measures to be taken. 3. (1) The appropriate Government shall, by an order, constitute a Standing Committee to be known as Witness Protection Authority (hereinafter to be referred to as the Competent Authority), in every district there under, for implementing the provisions of this Act. Witness Protection Authority. (2) The Competent Authority, shall comprise of the following, namely:— (a) a District or Sessions Judge having jurisdiction in the district as the Chairperson ex-officio; (b) the Head of the Police in the district as a Member ex-officio; and (c) the Head of the Prosecution in the District as the Member Secretary ex-officio. (3) The procedure for the Competent Authority to conduct meetings and proceedings under this Act and passing witness protection orders, the terms and conditions of service of the Chairperson and members of the Competent Authority and other such incidental matters, shall be regulated in such manner as may be prescribed. (4) The Competent Authority shall ensure confidentiality and privacy in all matters relating to the identification and protection of witnesses, and also ensure that sensitive information is securely handled and disclosed only on a need-to-know basis to authorized personnel involved in the witness protection process. 4. Every Competent Authority shall exercise the following powers in the discharge of its functions, namely:— Powers of the Competent Authority. (i) pass witness protection orders, including but not limited to relocation, change of identity and provision of necessary security measures, to witnesses who qualify for protection under the Act; (ii) assess and evaluate the eligibility of witnesses for availing witness protection measures, considering factors such as the nature of the case, level of threat faced by the witness and the witness's cooperation in criminal proceedings; (iii) determine the appropriate level of protection required for witnesses, taking into account the specific circumstances of each case, the assessed level of threat and the available resources; (iv) develop and establish comprehensive protection plans tailored to suit the individual needs and circumstances of each protected witness, ensuring the adequate implementation of security measures and other necessary provisions; (v) collaborate and engage with relevant law enforcement agencies, judicial bodies and other authorities to facilitate the effective implementation of witness protection measures, including coordination in relocation, provision of security personnel and communication between concerned parties; (vi) monitor and enforce compliance with the witness protection orders, ensuring that all parties involved, including protected witnesses, law enforcement agencies and other relevant entities, adhere to the provisions outlined in the Act and comply with the established protection plans; (vii) request assistance from other jurisdictions, within India for the purpose of providing effective protection to witnesses, including cooperation in relocation, sharing of intelligence and mutual