Parliament Winter Session Day 12 | Updates

Lok Sabha adjourned upto Wednesday, December 21, 11 a.m.

Rita Bahuguna Joshi, BJP MP from Uttar Pradesh supports the bill, says all the replacements to the laws were necessary and the justice system has gone for a proper overhaul.

Jaskaur Meena, BJP MP from Rajasthan speaks on laws on rape, marriage, child marriage, punishments related to these marital rape laws. “There should be provisions for other cases like when a child marriage occurs in rural India, the girl lives with her parents and later goes to live with her in-laws once she comes of age. There should be provisions for women who are unable to produce a son after marriage and are resorted to mistreatment by the family.”

Ms. Meena pointing to the Speaker’s Chair said women are not being treated on an equal footing even in the Lok Sabha. “We have been sitting here since morning, even then we are called at the end to speak. Can’t we give elaborate speeches just like Satya Pal Singh and Ravi Shankar Prasad? But you will have to give us adequate time. I want to request the Chief Whip that you ensure that women members are called to speak at number 2 or 3. You are calling us at number 15. We have prepared for the past three days,” Ms. Meena says.

Sangita Kumari Singh Deo, Odisha BJP MP says for the first time community service has been introduced. “Many important laws are introduced and are gender neutral too. More emphasis has been on forensics. The section which deals with women, we welcome them,” she says.

Women members from the Bharatiya Janata Party (BJP) pointed out that they be given enough time to speak on the bills that prioritise crimes against women and children. 

Ram Kripal Yadav, BJP MP from Bihar says the old law was made by the British and now our government has taken this historic step to replace the justice system. 

“For the first time, we have the provision of filing an e-FIR. The new procedures state 20 years of rigorous imprisonment for gang rape cases. All those pending judgements will be cleared sooner,” he says.

The proceedings in the lower house have been extended till 9 p.m.

While discussing the passing of Bharatiya Nyaya (Second) Sanhita Bill, 2023, P.P. Chaudhary, BJP MP from Rajasthan says that it used to be hard to understand court judgements. “The law used to be outdated and colonial. Today’s modern requirement necessitated these changes in the system. Now with this replacement, justice will come first and technicalities will come later.”

Dr. Satya Pal Singh, BJP MP from Uttar Pradesh says that ever since PM Modi came to power, these bills have come to make the criminal justice system citizen-centric, during a discussion on consideration and passing Bhartiya Sakshya (Second) Bill, 2023.

“All the court hearings will be in English. The justice system should treat everyone equally. Freedom should be present, but a limitless liberty shouldn’t be there,” he says.

“Our criminal justice system faced many issues. Bhartiya Nyaya (Second) Sanhita, 2023 is truly a revolutionary provision. It is going to protect those who are innocent and those who are facing wrong charges,” says Tejasvi Surya, BJP MP from Bangalore South.

“After filing an FIR, a person is not aware of what happens to the case. But in this change, it has been made mandatory, the police officer must inform the complainant by digital means.”

“Senior citizens are harassed at the cost of false cases. Arrest should not be made whimsically. Senior citizens are prohibited from arbitrary arrest. A paradigm change has been brought now.”

“Many committees have given many suggestions but none of those were implemented. There were discrepancies in the CrPC and many changes were made to the criminial justice system,” says Mr. Surya.

The proceedings in the Lok Sabha have been extended till 8 p.m. as discussions continue on the three criminal law bills.

“While the IPC focused on punishment, the proposed Bharatiya Nyaya Sanhita focuses on nyaya, i.e., justice. CrPC prescribed a procedure to penalise accused, but Bharatiya Nagararik Suraksha Sanhita proposes to safeguard the rights of the accused,” said Ravi Shankar Prasad speaking in favour of the revised criminal laws in the Lok Sabha. 

Speaking in favour of the bills, Former Law Minister Ravi Shankar Prasad said that Bharatiya Nagarik Suraksha Sanhita will allow summary trial for offences punishable upto three years and this will lessen the case arrears. He called this an “innovative thinking”.

“IPC was intended to protect the interests of British interests,” he further said.

The Upper House has adjourned for the day, and will reconvene at 11 a.m. on December 20.

The Upper House passed the legislation to extend protection against punitive action to unauthorised developments in Delhi for three years beyond the December 31 deadline. 

Leader of the House Piyush Goyal called AAP and Congress governments “anti-poor” as they refused to participate in the discussion. “This is the face of selfish INDIA Bloc”, he said, to loud objections from the Opposition leaders. More than 140 MPs have been suspended in this session, an unprecedented figure in the history of the Indian Parliament.

Minister of Housing and Urban Affairs Hardeep Singh Puri moved the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2023 for discussion, as Opposition leaders said “What is the point of this debate?” in the backdrop.

BJP MPs highlighted the merits of the Bill, claiming it caters to the needs of unauthorised settlements in the city. BJP’s Anil Baluni said the Delhi government is trying to hamper development, adding that the Chief Minister Arvind Kejriwal is only working to become the next Prime Minister, not for Delhi’s development.

Mr. Puri said, “We should not use the word ‘slums’, these are informal settlements”, adding that Delhi has been subjected to neglect. “The problems of Delhi when Prime Minister Narendra Modi assumed responsibility...problems were visible even 20 years ago,” he said, when Congress was in power. 

Minister of Parliamentary Affairs Pralhad Joshi, commenting on the Opposition protests, called it an “unfortunate drama”. Moreover, he condemned TMC MP Kalyan Banerjee’s video mimicking the RS Chairman is an insult to India’s Vice President. “This is circulating in entire social media. This speaks to [Opposition’s] mentality.”

INDIA Bloc, and Congress party in particular, should apologise to the Parliament for the protests, he added.

The six people arrested in the Parliament security breach case were part of half a dozen WhatsApp groups named after Bhagat Singh and Chandrashekar Azad, police sources said on Tuesday.

The accused and other members of these groups would regularly discuss the thoughts and ideas of the freedom fighters and also share related video clips, the sources privy to the investigations said.

In a major security breach on December 13, two men — Sagar Sharma and Manoranjan D — jumped into the Lok Sabha chamber from the public gallery during Zero Hour, released yellow smoke from canisters and shouted slogans before being overpowered by MPs. - PTI

Rajya Sabha begins proceedings, and takes up for consideration the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2023, passed by the Lok Sabha today.

Samajwadi Party MP Jaya Bachchan questioned the suspensions that seemingly disfavour Opposition MPs. “What is your way of deciding that some people will be dismissed, and some people will not be dismissed?” she asked.

The Upper House is set to reconvene at 5 p.m. after witnessing frequent adjournments through the day.

Commenting on the suspension of 141 Opposition MPs, Rajya Sabha MP Mallikarjun Kharge said the BJP government has adopted a “suspend, throw out and dulldoze” tactic to “destroy democracy”. “We all know that key Bills like the Criminal Law Amendments, which unleash draconian powers and impede citizen’s Rights, are listed. Modi Govt does not want the people of India to hear out the Opposition, while these Bills are debated and deliberated,” he wrote in a tweet.

The Indian Penal Code of 1860 will be replaced by the Bharatiya Nyaya (Second) Sanhita Bill, 2023; the CrPC of 1973 will be replaced by the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 whereas the Indian Evidence Act of 1872 will be replaced by the Bharatiya Sakshya (Second) Bill, 2023.

Following their introduction in August, they were referred to a 31-member Parliamentary Standing Committee, headed by BJP MP Brij Lal for review. After consulting experts and stakeholders, the panel adopted its report on the Bills on November 7, with Opposition MPs pointing out several errors and recommending more than 50 changes.

In their dissent notes, the Opposition MPs flagged the lack of diversity in the experts consulted, questioned the haste with which the new laws are being introduced, and highlighted that they are are ‘largely a copy-paste’ of the existing laws.

The Revised criminal law bills - Bharatiya Nyaya (Second) Sanhita, 2023, The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and The Bharatiya Sakshya (Second) Bill, 2023 - was taken up for consideration and passing in Lok Sabha after 49 Opposition members were suspended earlier today, bringing the total number of suspensions in this session to 141.

The Bill provides for the repeal of the Provisional Collection of Taxes Act, 1931.

The Bill aims to align provisions of the Central Goods and Services Tax Act with the Tribunal Reforms Act to initiate the administrative process for operationalisation of the Goods and Services Tax Appellate Tribunals.

The Upper House was adjourned within minutes, with Mr. Dhankhar noting that today’s events, within and outside the House, are a “matter of concern”. 

The House was also informed of the Lok Sabha passing the Government of National Capital Territory of Delhi (Amendment) Bill, 2023

The Central Goods and Services Tax (Second Amendment) Bill, 2023, seeks to cap the age for president and members of the GST appellate tribunals (GSTAT) at 70 years and 67 years, respectively, higher than 67 years and 65 years specified earlier.

An advocate with 10 years of ‘substantial experience’ in litigation in matters relating to indirect taxes in the Appellate Tribunal, would be eligible to be appointed as a judicial member of the GSTAT.

As per the amendment, president and the judicial and technical members of the GSTAT shall hold office for four years, or until he attains the age of 70 years and 67 years, respectively, whichever is earlier.

The Upper House was adjourned for the fourth time after considering and returning two Appropriation Bills. It will now convene at 4 p.m.

The Chairman said Opposition leaders’ protests are “contributing to the disorder of the House”, as demands grew louder for a statement from the Home Minister.

Finance Minister Nirmala Sitharaman on Tuesday tabled the Central Goods and Services Tax (Amendment) Bill, 2023 in Lok Sabha.

The proposed changes which relate to the eligibility criteria for members and the President of the much-awaited tribunals, once approved by Parliament, will facilitate the initiation of “the administrative process for operationalisation of the Goods and Services Tax Appellate Tribunals at the earliest”, the Minister said. 

Some MPs, including BJD’s Dr. Amar Patnaik and AGP’s Birendra Prasad Baishya, express support for the Appropriations Bills in the Upper House, as the Chairman moved through speakers, asking them to “wrap up” quickly. 

Loud sloganeering by the Opposition MPs persisted. The Chairman named MP Jaya Bachchan to maintain order in the house and cease “disorderly conduct”. 

The Appropriation (No.3) Bill, 2023 seeks to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the financial year 2023-24. It was earlier passed by the Lok Sabha.

The Appropriation (No.4) Bill, 2023 will provide for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet the amounts spent on certain services during the financial year ended on the 31st day of March, 2021, in excess of the amounts granted for those services and for that year.

The Lok Sabha passed the bill via voice vote. 

Responding to the discussion on the bill, Union Minister for Housing and Urban Affairs Hardeep Singh Puri, stated that according proprietary or ownership rights, by means of authorisation of colonies, with the law would directly benefit 40 lakh people. Further, the ‘ Jahan Jhuggi Wahan Makan’ scheme for in-site rehabilitation with pucca houses would benefit another 10-lakh people and land pooling expected to benefit another 70-lakh people. 

He said the legislation would pave the way for increasing the pace of registrations, issuance of convenience and authorisation deeds and slips

The Upper House resumed for the fourth time today after frequent adjournments. Chairman Jagdeep Dhankhar announced the following Bills will be taken up consideration and discussion:

1. Telecommunications Bill, 2023

2. Appropriation (No 4 and No 5) Bills

Opposition leaders continued to chant “Justice, Justice”, insisting on calling the Home Minister to discuss the Parliament’s security breach.

Union Minister for Housing and Urban Affairs Hardeep Singh Puri told the house, “We clearly need to extend that (validity of the act to deal with unauthorised buildings and colonies), for another three years,” failing which, he added, “Population of Delhi, which is vulnerable would be liable for ceiling, demolition and displacement.” 

Furthermore, he informed that the final stages for notifying Master Plan 2041 has been reached. Mr Puri stated that the Delhi Development Authority (DDA) and Municipal Corporation of Delhi (MCD) are required to adopt measures to finalise norms, policy guidelines and feasible strategies for “making orderly arrangements to deal with the problem of encroachments and unauthorised colonies.” 

The bill seeks to provide an extension to the validity of the Act from January 1, 2024, to December 31, 2026.

As per the statements and objectives of the Bill, the process of dealing with unauthorised buildings will take more time. “There is a need for continuing the protection from punitive action granted to certain forms of unauthorised developments in the National Capital Territory of Delhi,” it said.

More of our coverage here. 

Meanwhile, Opposition members raise slogans demanding the presence of Union Home Minister Amit Shah in the Upper House.

Chairman Jagdeep Dhankhar singles out Congress leader P. Chidambaram, accuses his party of posting a video on social media that insults the Chairman’s “background as a farmer”.

After two unscheduled adjournments and suspension of 50 members, proceedings reconvene in the Lok Sabha. Member Shrirang Barne is officiating as the Chair with members laying important papers for consideration on the floor of the house. 

The Congress on December 19 alleged that a “complete purge” is being executed so that “draconian bills” are passed without any meaningful debate and the BJP MP “who facilitated entry of the two intruders” into the Lok Sabha on December 13 goes scot-free. 

The Opposition party’s attack came soon after 49 Lok Sabha MPs were suspended from the House for disrupting proceedings on Tuesday, a day after 78 opposition members were suspended from Parliament.

In a post on X, Congress general secretary Jairam Ramesh underlined the suspension of Lok Sabha MPs Tuesday to allege that “a complete purge is being executed so that draconian bills are passed without any meaningful debate, and so that the BJP MP who facilitated entry of the two intruders into the Lok Sabha on December 13th goes scot-free”. -- PTI

The Srinagar MP, speaking to reporters following his suspension, asserted, “Who does the Police come under? What would have happened if he (Union Home Minister) had made a statement in Parliament on the incident (security breach)?”

After the suspension of MPs for alleged misconduct, the house adjourned to meet again at 2 p.m. 

49 more Lok Sabha MPs including Supriya Sule, Shashi Tharoor, Manish Tewari and Farooq Abdullah named and suspended. They were alleged to have engaged in misconduct inside the chambers. 

Officiating Chair Rajendra Agrawal informed members that Speaker Om Birla has not accepted any of the adjournment motions. Objecting to the continued display of placards by protesting members of the Opposition, Mr Agrawal adjourned the house until 12:30 p.m. 

Proceedings will resume at 2 p.m.

Chairman Jagdeep Dhankhar refuses to admit four notices under Rule 267.

Speaker Om Birla urging protesting members of the Opposition to return to their places and refrain from displaying cards did not find conclusive ends, as he adjourned the Lower House within minutes of commencement. The House reconvenes at noon. 

The protesting members are objecting the suspension of 78 MPs, from both houses combined on Monday. 

Further, Parliamentary Affairs Minister Pralhad Joshi also expressed his disapproval to the use of placards containing Prime Minister Narendra Modi’s morphed images. Mr Joshi held the Opposition, displaying placards with morphed pictures of the Prime Minister, were acting in desperation. Referring to the recent performance of his party in the Hindi heartland states, Mr Joshi said the people had made their verdict known and have posed their faith in Mr Modi’s leadership. He added that they (the Opposition) would not return to power again in states where they managed to secure a victory. 

MPs ask Chairman Jagdeep Dhankhar to address notices under Rule 267, he said they will be take up at the appropriate stage.

Amid protests by members of the Opposition benches, proceedings commence in the Lower House. Speaker Om Birla observing the display of placards, urges members to return to their places. He raises displeasure over members storming towards the Chair.