The Road from a Bill to an Act

India is a democratic country. A country, which is independent and Sovereign. A country, which is a home of billions of people. A country, which is said to be governed by its own people. This statement brings a fantasy to be true. Hard to believe, isn’t it. But it’s true. It’s time we say, adieu, to fantasy. But how? Do any of us remember sitting on a throne and ruling? No. Then is this all a lie?

It is to be noted that, we, the people of India, do not rule directly. Instead, we appoint our representatives to the legislature. The legislature i.e. the body of public representatives, is responsible in the making of the laws.

Bill

A draft of a resolution or a legislative proposal is known as a bill. The most vital function of the Parliament is lawmaking, amendment of pre-existing laws and repealing old good-for-nothing laws. To attain any of these purposes, the inaugural step is to present a bill in both the houses of the parliament. Article 107 of the Indian Constitution provides the provisions as to introduction and passing of bills.

A bill can be introduced by a minister or by any member of the parliament. When a bill is introduced in the house by a minister, it is said to be a Government Bill and when it is introduced by any member other than the minister, it is said to be a Private Member Bill.

A non-money bill can be introduced in any of the houses i.e. the Lok Sabha or the Rajya Sabha but the introduction of the money bill restricts itself to the Lok Sabha. Article 109 of the Indian Constitution lays down special procedures in respect of money bills.

For a bill to pass, it needs to pass through three stages. As each stage involves the reading of the bill, therefore, it is known as the first reading, second reading, and the third reading.

First Reading

A bill (Except Money Bill) is independent to be introduced by any member of the parliament in any house provided that he or she is the member of the same house. It is on the part of the mover of the bill to ask for the leave of the house to introduce the bill. Only when the leave is granted, a bill can be introduced. Then, the mover of the bill presents the idea or the motion of introduction to the bill.

As this stage involves only introduction to the bill, it is usually bereft of all oppositions and allegations. But, if the bill is opposed in this stage, the mover, as well as the oppose, is obligated to make brief statements on the floor of the house (It is to be noted that the motion of the introduction of a Finance Bill or an Appropriation Bill is never opposed). This is followed by a vote. This stage is known as the first reading.

Once the bill is cleared in this stage, the bill is sent for publication in the Gazette of India by the Speaker (or Chairman) of the House. Sometimes, in case of important bills, before introduction in the house, the bill gets published.

Second Reading

The second reading is considered to be the most essential stage of lawmaking in the Parliament. This stage offer several options:-

1.      It may move straight to the house for further consideration

2.      It may get referred to a selected committee nominated by the house

3.      It may get forwarded to the Joint Committee of both the houses

4.      It may get circulated for public opinion

Mostly, a bill is referred to the selected committee. This varies for different bill taking into account urgency of the matter.

Committee Stage:- On the basis of the knowledge of the members, a Select Committee or a Joint Committee is set up. This committee includes both, the members in favor of the motion and the members opposing it. In a Joint Committee, 2/3 members are from Lok Sabha and the remaining 1/3 are the members of the Rajya Sabha.

Report:- A report is prepared by the committee that can be a unanimous report or a report of majority opinion. In case of a Majority Opinion report, the minority opinion members are permitted or allowed to give the “Minutes of Dissent” in the report. This report then undergoes a “clause to clause” discussion by the House and amendments or necessary reconsiderations are moved according to the discussion. This marks the most essential and time-consuming moment in the lawmaking process. Thus, this stage refines the bill’s subject matter and give it a proper shape.

Third Reading

This stage of reading prohibits amendments, although the members are allowed to discuss the basic characteristics of the bill. The bill is now moved to a vote. This stage can also be referred to as a voting stage. A majority i.e. 50% and above, is sufficient to pass a bill (A constitutional bill requires a majority of 2/3 votes to pass).

Other House

Once, a bill is passed in the first house, it is sent to the other house. A similar procedure of readings is followed in the other house as well. This house can decide the fate of the bill in three ways i.e.

1.      It can pass the bill like the originating house

2.      It can amend it

3.      It can simply reject it

In case of option number 2 and 3, the bill is returned back to the originating house. If the second house does not return the bill to the originating house for six months it is deemed to be rejected. On the return of the bill to the originating house, the amendments suggested by the other house are taken into consideration. If the suggested amendments are not accepted by the originating committee, a joint sitting of both the houses is called upon and the decision is taken by the majority of votes.

President’s Consent

After the recognition of both the Houses, the bill is sent for the President’s assent as per Article 111 of the Indian Constitution. He can do two things:-

1.      He can give his assent to the bill

2.      He may send the bill back to the originating House for reconsideration

If the bill is again passed by both the houses, the President is bound to give his consent. Once, the president’s assent is confirmed, the bill is published in the official gazette of India.

Conclusion

Once a bill is passed through the legislative procedure, it is known as an act or statute. This act becomes the law of the land. In this way, we, the people of India, with the help of the Members of the Parliament frame our laws.

Does Right to Life include Right to Die?

Just the chance to be alive on this Earth and be a part in the grand scheme of God's eternal plan is a privilege indeed.

Jus Dicere_Does Right to Life include Right to Die?

Employment Agreements: What rights do Employees have?

When you enter your workplace, are you afraid of your colleagues joking about your low caste background? What happens when you find your colleagues speaking negatively about you, their jobs or your company on social media sites? Have your employer allowed your maternity leave? Is your general assumption that all this should not be allowed? Well, here is a surprise, you are absolutely right. All these abysmal activities cannot be allowed and they would have to refrain.

Labour laws in India provide several provisions to safeguard the rights of all employees. Employment Laws in India covers all rights, obligations and the relation between an employer and an employee. Employment Law involves diverse legal issues such as discrimination, wrongful termination, wages and taxation, social media abuse, workplace safety, rights for the disabled, to name just a few.

Employment Agreement

An employment agreement basically states the necessary terms and condition for one’s employment. It provides both parties a sense of security and plays a crucial role in an event of a dispute.

“A majority of private employment in India is bound by the terms mentioned in the appointment letter. The letterforms the basis of the contract between the employee and the employer and is enforceable both ways under the Indian Contract Act 1872. It is advisable to carefully read the entire employment letter before signing on the dotted line as this saves them trouble later,” says Rohan Mahajan, Founder of LawRato.com.

Discrimination in Employment and Occupation

Title VII of the Civil Rights Act of 1964 (Title VII), 2008 provides rules and regulations against discrimination on the basis of race, color, religion, national origin, genetic information (such as family medical history), sex, pregnancy, disability, and age. In a few cases, it is also illegal to discriminate employees on the basis of political affliction, marital status, and sexual orientation.

Equal Pay Act

The Equal Pay Act prohibits discrimination on the basis of sex in the payment of wages or benefits, where similar work and effort is done by both men and women. Earlier, women were discriminated against by giving them less pay, where men and women perform work of similar skill, effort, and responsibility for the same employer under similar working conditions. The EPA applies to all employers covered by the federal Fair Labor Standards Act (FLSA).

Health and Safety

It is an obligation on the part of an employer that it offers a healthy and safe environment to its employees.

Right to have a leave

In addition to the national holidays, all employees have a right to the following leaves:-

1.      Casual leave:- This is provided to an employee for urgent matters. For Example:- Family emergency, etc. Such leaves are meant for unforeseen events. In India, a person can be permitted for such leaves for maximum 3 days in a month.

2.      Maternity Leave:- The Maternity Benefits Act, 1961 provide paid maternity leave for 26 weeks. Every woman has a right to take maternity leave and get paid for that period.

3.      Sick Leave:- Every employee has a right to take leave in days of sickness and poor health. For a one day leave, the employee is not bound to provide a medical certificate. But in case of a longer leave, an employer can ask for a medical certificate as per the terms of the company or organizations.

4.      Privilege Leave:- If an employee plans to go for an outing or a wedding, he or she upholds a right to take a leave ( It is important to inform the employer about such leaves prior to the date of leave ). Basically, these are earned leaves, which can be enjoyed in the future.

5.      Compensatory Leave:- These leaves are granted when an employee works on holidays in compensation for another leave or as a cashable option.

Social Media Abuse

In today’s world of downloading, searching, updating, blogging etc. one can easily come across any information or answers in a flick of an eye. A computer is power. Spider-Man once said,” With great power, comes great responsibilities”. Unfortunately, not everyone in the virtual world uses this power for the greater good.

The National Labour Relations Board (NLRB), a federal agency, has the power to protect employee rights. It protects the employees against social media abuse. No employer or any colleague has a right to post about any employee’s status or make personal comments.

Conclusion

It is said,” It takes two to tango.” If an employee is bound to perform his job then it is also imperative on the part of an employer to discharge certain obligations for its employees. All employees must know their right. Every employer needs to understand the difference between an employer and a servant and act accordingly.

Good Governance

Rabindranath Tagore once said,

Where the mind is without fear and the head is held high 
Where knowledge is free 
Where the world has not been broken up into fragments 
By narrow domestic walls 
Into that heaven of freedom, my Father, let my country awake

Isn’t it a fantasy world that Rabindranath Tagore dreamt of? An illusion. Don’t you think that this poem stands ironical in today’s scenario as we are still fettered in the chains of poverty, corruption, illiteracy and so on. Adieu Fantasy! It’s time we do a reality check.

In a common layman language, one might understand that not having this fantasy world in front of your eyes is simply because of bad governance. Most of the people belonging to the poor class and also the middle class or should I say, people with less literacy level often believe that if something is wrong, it is because of a bad government or bad governance. Is this notion wrong? Hard to believe, isn’t it. Is this notion right? Then maybe, we need to discover what good governance is.

To understand what good governance is, it is important to understand the true meaning of the word ‘Governance’. When I first typed the word ‘Governance’ in this MS Word document, it’s thesaurus feature popped a few words as synonyms- Supremacy, Authority, and Control. All these loaded terms compelled me to contemplate that it is extremely necessary to use the word ‘Good’ as an adjective as the sole meaning of the word ‘Governance’ highlights the control exerted by a supreme authority that one can simply imagine as a monarchical kind of rule. But with the addition of this adjective, the entire aura of this word changes.

If I have to put it in simple words, a Government’s role exists simply to promote and to protect the ordinary happiness of human beings in this life. A husband and a wife chatting over a fire, a few friends hanging out together and having a game of dart in the pub or eating food at a restaurant, a woman reading a book or a man digging in his garden- that is what the government is there for. And unless the government is helping to prolong and protect such moments, all the laws, armies, courts, parliaments, police, economics, etc. are simply a waste of time. According to me, if any, government is able to put a smiling face on at least half its population, that government can be called an idol government. But this is again a fantasy.

Good Governance doesn’t just mark having good laws or having good parliamentary proceedings. A governance can be claimed as well, only if these laws spread happiness among the people. Let us go into flashback. The pre-Independence era was earmarked by nepotism, monarchies, and favoritism among the ruling classes. Power and wealth were shared by a selected few and common man toiled to make both ends meet. One can say that the reason for this abysmal situation is the lack of laws and a written constitution. Coming back to the present, today, we have the lengthiest constitution and our country moves on the path of democracy and sovereignty. But, isn’t the current situation the same? Aren’t we still boiling hard to make both ends meet? What are we supposed to eat when the price of onion and tomato have so aired up and they have become a mirage for the kitchen? Therefore, it is not the laws that make good governance, not alone at least. Then what is? The answer to this question is, implementation of laws. The mismatch in the existence of good laws and bad implementation is the biggest barrier to a good governance.

Imagine, that the citizens of a country fear an amorphous threat to their security. Maybe the threat emerges from a tide of corruption, black money, fraud, or drug trafficking or any such threat. Perhaps, the citizens fear a growing threat of terrorist activity or simply a bomb in the neighborhood. In response to citizens' concerns and fears, the government recognizes the threats and uses its legal powers to respond and get rid of it. If in case, the existing laws are not sufficient or up to the mark, the government promulgates new laws or pass ordinances that increase its capacity to deal with the threat. When these threats spill across the borders, states cooperate on investigations, craft international treaties  to seize an offender. Over time, governments, therefore reduce both domestic and transnational threats.

The power to impose coercive punishment through law and the implementation of these laws are entirely different things, though depend upon each other in many ways. Power reflects a nation-state's authority or supremacy to legitimately coerce individuals or organizations in an attempt to achieve some objective desired by policymakers. The hallmarks of power are expansively-worded criminal or civil statutes that can be applied domestically or extraterritorially and extensive regulatory powers that can be imposed with minimal judicial intervention to detain people, effect losses of bank accounts, freeze assets or impose civil penalties and forfeits. Implementation, meanwhile, describes the country’s acceptance of that law in regular day-to-day life. Implementation is not assured with the passage of any law. It depends on the interplay between the laws, the behavior of the targets of law enforcement, political inducements, and organizational practices of law enforcement officials and their political superiors.

Therefore, there is no particular definition for a ‘Good Governance’, it all depends on what we infer from it. One might believe that a good governance is the one that is designed to ensure accountability, rule of law, empowerment, stability etc. But an idol government is open for interpretation. But one thing that all must agree is that ‘Good Governance’ ensures smiles on millions of faces and is indeed a beautiful notion.

Picture Credits: Innov Pictures

Jallikattu (Bull Taming): The Uproar in Tamil Nadu

The Jallikattu issue compelled me to contemplate,

"Is my pride greater than my humanity?"

What is Jallikattu?

Jallikattu is a traditional bull-taming sport organized in the state of Tamil Nadu during Pongal. This sport is being practiced since 2000 years. This event was actively conducted in many districts of Tamil Nadu like Madurai, Theni, Dindigul and Tiruchirappalli until its ban in 2011. Jallikattu is also known as Manju Virattu or Eruthazhuvuthal.

How is it played?

Jallikatu is a bull-taming sport which is played by setting free a bull in an arena with willing participants. The challenge is to tame the bull with bare hands. The participant wrestle with the bull and often try to grab the bull by its horns or tails.  Participants try to hold the hump of the bull for as long as possible and try to bring the bull to a stop. In some events of Jallikattu, participants need to ride on the bull long enough to remove the flags on the bull's horns.

The controversy over Jallikattu

The Animal Rights Organizations in India have protested against Jallikattu. Since 2004, the organizations like People for the Ethical Treatment of Animals (PETA) and Federation of India Animal Protection Agencies (FIAPA) have been opposing Jallikattu.

Because of the cruelty faced by animals and the threat to public safety in the event of Jallikattu, the Animal Welfare Board of India (AWBI) has approached the Supreme Court for an outright ban on this event. On 27 November, 2010, the Supreme Court permitted the government of Tamil Nadu to hold the event for five months in a year and the District Collectors were asked to make sure that the animals participating in Jallikattu are duly registered with the Animal Welfare Board. An AWBI representative was also asked to be present at the Jallikattu events.

In 2011, the Ministry of Environment and Forests banned the use of bulls in sports and fun activities, thereby banning the festival. However, the Tamil Nadu Regulation of Jallikattu Act 2009 again legalized Jallikattu. Between the years 2010 and 2014, around 17 people were killed and around 1000 people were injured during the Jallikattu events.

Al last, in May 2014, the apex court struck off the 2009 Act, and banned the abysmal practice. It further warned that any flouting of the ban would result in higher penalties under the Prevention of Cruelty to Animals Act, 1960.

However, the tug of war between the apex court and Central government continued. On January 8, 2016, the Central Government allowed the practice of Jallikattu, through a notification. The Supreme Court then re-imposed the ban on the Jallikattu event in July, 2016.

Supreme Court verdict on Jallikattu

The Supreme Court said, “bulls cannot be allowed as performing animals, either for Jallikattu events or bullock-cart races in the state of Tamil Nadu, Maharashtra or elsewhere in the country.”

The Supreme Court named and identified “the five freedoms” of animals:

1.      Freedom from hunger, thirst and malnutrition

2.      Freedom from fear and distress

3.      Freedom from physical and thermal discomfort

4.      Freedom from pain, injury and disease

5.      Freedom to express normal patterns of behavior.

The Animal Welfare Board of India (AWBI) had argued that the bulls used are physically and mentally tortured merely for pleasure and enjoyment of human beings by providing proof in the form of photographs and witnesses.

According to AWBI, Jallikattu have no historical, cultural or religious significance in the state of Tamil Nadu or Maharashtra, and that the Prevention of Cruelty to Animals (PCA) Act, 1960, must ban any such practice. PETA’s investigators found that the bulls were being disoriented deliberately. The bulls’ tails were badly beaten and twisted. They were stabbed, punched and harshly dragged on the ground. Hence, the Supreme Court banned this abysmal practice.

Present Outrage

In 2016, the Environment Ministry changed its earlier notification and despite the existing ban declared that the sport could continue. This was in direct contravention with the top court order, and was duly challenged by People for the Ethical Treatment of Animals (PETA).

The Supreme Court had restrained the Tamil Nadu government from conducting Jallikattu, questioning the “necessity of such festivals”. In January 2017, before Pongal, the protests against Jallikattu ban started. On January 12, 2017, the Supreme Court rejected a plea by lawyers seeking an urgent ruling against the ban. This rejection by the Supreme Court prevented the Jallikattu event from taking place during the time of Pongal and infuriated large sections of the Tamil Nadu population.

Not supporting the Supreme Court ban, the Jallikattu event was held in a few places in the state, especially in Madurai, the police arrested many people for it. The protest started in the rural areas, soon began to find support from the students, a few IT professionals and even some sports persons and famous actors in urban areas.

Why do Tamilians support Jallikattu?

People living in Tamil Nadu consider Jallikattu as a symbol of their excellence and pride as it a very ancient tradition carried on for years. Jallikattu involves thousands of participants, trying to tame bulls by latching upon their humps or horns. The Dravidian Literature is full of Jallikattu and its importance. The Jallikattu protest is because of the view that the ban harms the cultural identity of the Tamil population.

Due to the Supreme Court’s decision to ban the Jallikattu event, the sports bull prices have gone down. This has brought anger amongst the people in Tamil Nadu.

Apart from the cultural angle, Jallikattu is economically favorable for a few. By rearing sport bulls, small farmers and the rural poor get a chance to make a low investment in a calf and gives an opportunity to the poor to get a big return if it performs well in the Jallikattu event. Rearing a Jallikattu bull also supports a few poor people who make accessories for the bull.

Conclusion

An ordinance was passed by the Governor of Tamil Nadu for the conduct of Jallikattu. The Union or Central government has also cleared the state’s draft ordinance to amend the Prevention of Cruelty to Animals Act, 1960, enabling the conduct of Jallikattu. As envisaged under Article 213 of the Constitution, the state government has issued an ordinance after obtaining the important prior instructions of the President. Now, the Jallikattu event will be conducted all over the state with all the essential safeguards.

Actors' Liabilities in Misleading Advertisements

Since the 1980s, Maggi noodles have kept on deceiving billions of consumers by misleading advertisements featuring mothers feeding noodles to their children, giving the not-so-subtle message that Maggi noodles are 'fast to cook' for mothers and 'better to eat' for kids. And if the mothers and their children didn’t convince you into buying Maggi, the superstars like Amitabh Bachchan trick you by narrating stories of how Maggi touched people’s heart. People in India idolize celebrities. In India, people consider Sachin Tendulkar as God. The public who desperately craves for justice in every case wants Salman Khan to be forgiven in the Hit and Run case. So, when Shahrukh Khan applies Fair and Handsome on his face, more customers are attracted than Vicco Turmeric as it is endorsed by a noncelebrity. Similarly, watching the fitness queen, Madhuri Dixit, who is a role model for girls as well as for mothers, feeding her children Maggi noodles after an exercise session will affect the minds of youngsters as well as elders. Hence, there is no doubt that promotion of any such product by such celebrities makes the product attractive and its hold on the market gets more and more stronger.

The controversy of Maggi noodles

On 3^rd June, 2015, the Union Food and Consumer Affairs Minister, Mr. Ram Vilas Paswan ordered safety checks on Maggi noodles after the food inspectors in several states said that the test batches of the famous noodles were found to contain high levels of lead. In Uttar Pradesh, the Food Safety and Drug Administration found 17.2  (ppm) lead content in the routine tests on Nestle noodles – almost seven times the prescribed legal limit.
In response to this accusation, Nestle said that it had conducted several internal as well as external tests of almost 125 million Maggi noodle packets which proved that lead levels are within the prescribed limits as specified by the food regulations and the noodles are safe to eat. According to the Delhi government, “The prescribed maximum limit of lead is 2.5 ppm.” The government also said that about five masala samples were having monosodium glutamate without label declaration. This falls under the issue of misbranding. In April, 2016, a particular batch of the noodle brand followed a recall order.

Are Celebrities liable?

According to Section 24 of the Food Safety and Standards Act, 2006 misleading advertisements are restricted. It states that, “no person” shall be permitted to engage or support in misleading representation, especially if concerning the “standard, quality, quantity or grade-composition” and the “need for, or the usefulness” of a food product. One should not make statements which “gives to the public any guarantee of the efficacy and efficiency [of the product] that is not based on an adequate or scientific justification thereof.”

So, according to the law, any person, who is endorsing a product which is misleading would be liable under the law. It is not just applicable to the celebrities but for non-celebs as well. Also, as per Section 53 of the same Act, a penalty too can be imposed upon them.

Yes! Celebs are liable!

Undoubtedly, advertisements place a strong impact on the society. Celebrities are made by fans. It is the approval of the people that make them celebs. If they get their bread and butter from the society, then, don’t they owe at least this much to the society that before endorsing any product, they inspect its quality.

In this era, where law has evolved to such a great extent that even a small corporation or a company has a corporate social responsibility, then why should the celebrities, or should we rather say, the highly privileged citizens of our beloved country not be made liable for endorsing such low-quality products or for being irresponsible towards the people who have given them the status and position they are enjoying.

Such kind of false and highly misleading advertisements is nothing but taking advantage and exploiting the fan following by celebs and the big brands with lots of money. Also, one should notice that these endorsements have become highly competitive over the time and it is quite a usual practice that celebrities in order to remain ahead of another, chose to endorse certain products without properly checking and evaluating their quality.

This means that celebs themselves confess that they send a clear message to the society through such misleading advertisements and Amitabh Bachan himself stated after he stopped working for Pepsi, that he would not endorse anything that is unhealthy and misleading. This clearly depicts that the celebs actually know and understand what their responsibility is but, are ignorant.

No! Celebs cannot be made liable!

The Maggi fiasco coin has two sides. Now-a-days, when advertisements by celebs have become an integral part and a parcel of our life, even a customer who is below the level of reasonable prudence is very well aware of the fact that such endorsements are made just to lure the customer and nothing else. The celebs have nothing to do with the manufacturing of the product they endorse, they are merely representing the product say, as an agent or however they are directed to. Indeed, they must ensure the standard as well as the quality of the product but, we cannot forget that they are not scientists or any expert in the manufacturing of any such product. The celebs would obviously believe what the company tells them. How can one expect Madhuri Dixit to go to the laboratory or factory for checking the samples of our national food? At last, she will anyway have to believe what the experts of Nestle say, like recently she admitted the fact that she met the experts and she was reassured about the high quality of the product. What else do you expect her to do? Also, celebrities do not compel anybody to buy the product they are endorsing then, on what basis can they be held liable for misrepresentation. Don’t you think that we should question the food safety board for letting such hazardous products enter the Indian market?

Conclusion

Indeed, the celebrities would be liable as per FSSAI provisions but still, this issue must be resolved peacefully without any over hype. Also, it is against the Food Standard Authorities that certain abysmal product has entered into the Indian market and has not been duly checked upon. Prevention is much better than cure, so, it is better to stop any product to enter the market which does not abide by the health standards of the people of our country.  

Picture Credits: Innov Pictures