1.)Indus Valley Civilisation Explained
https://youtu.be/n7ndRwqJYDM
https://youtu.be/Yocja_N5s1I
https://www.youtube.com/watch?v=lTTvKwCylFY
https://youtu.be/zhL5DCizj5c
https://www.youtube.com/watch?v=2oXaED3ZoaE
Objective
To ensure equality and non-discrimination of people with special disabilities.
The subject of legislation falls under State list as Relief of the disabled and unemployable then why is this bill introduced in the parliament?
It is to fulfil the obligation under United Nations convention on Rights of persons with disability, 2006. India had ratified this convention on 2007.
This falls under Article 253 of the Centre State relations wherein central government can legislate on any subject to give effect to International Conventions and Agreements.
Features of the Bills
- Twelve more disabilities have been added to the existing seven making it 19 disabilitiesaltogether.
- Ensures Right to equality, Life with dignity and Respect for his/her Integrity to Persons with Disability.
- People with not less than 40% disability to be given reservation in education and employment and also special preference in Government schemes.
- Increasing reservation in posts from existing 3 to 5%
- All education institutions to provide inclusive education and disable friendly accommodation.
- A National Fund is proposed to provide financial support to persons with disabilities;
- Setting up of National Commission and State Commission to act as Grievance Redressal Mechanism and to monitor implementation of the proposed legislation
- Penalties for offences committed against persons with disabilities
- Court of Session to be designated as Special Court in consultation with the chief justice of relevant states by the State Government in every district to try offences against persons with disability.
- Imposed obligations on State Governments such as ensuring that all existing public buildings are made accessible within five years, all public documents are in accessible format and retrofitting of vehicles and accessibility of bus stops, railway stations and airports for disabled persons.
Parliamentary Standing Committee Recommendations
- To include Private firms under Reservation policy as that would help them gain access to outsourced government jobs.
- To include kidney failure, blood cancer, type 1 diabetes, dwarfism and transgender in the disability list.
- To define more clearly the definition of Social barriers so that attitudinal changes can be brought in the society to aid the implementation of the legislation.
- To define Discrimination more clearly so that the penalty imposition cannot be misused.
- To increase the upper age limit to 21 years under Right to Education.
- To frame disability budget inorder to address the problems of disabled people.
- Five year time frame may be suitable for small government institutions but not feasible for large buildings.
- States might need extra support in financial terms to implement the provisions of the bill.
- To provide food, shelter, clothing and health services free off cost to the disabled.
- Special treatment for women and child who are disabled should be included in the bill as they are subject to more abuse.
Analysis of the Bill
The existing PH certificate is insensitive to the intricacies of the disability condition and the associated diversities. The Bill has left it to the state governments to decide the form and type of certificate which might lead to more inconsistencies.
The Bill remains silent on the Funding Measures that might be extended for carrying out the provisions of the bill.
It is a Tall call on the states to implement the provisions of the bill within the time frame of 5 years without any clue about the financial help that will be extended from the central government.
The bill is aspirational but lacks a futuristic perspective. The bill might have to go through a series of amendments in future as most of the definitions are not clear and exhaustive.
The legal framework lacks clarity as in there is no information about What services will be provided, How it will be provided, When and Where it will be provided and what is the remedy if the service is not provided.
The argument that the bill imposes a financial obligation on the states is not appropriate as the bill has laid down only basic facilities for disabled people and its high time their rights are recognised.
Special Provisions for poor disabled people should be implemented as they have minimal livelihood options and are often subjected to neglect and abuse.
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Trending
The bill was introduced in Lok Sabha on 13 May, 2015. The Bill seeks to amend the Benami Transactions Act, 1988.
Why You Should Know?
The topic is important from the view point of both General Studies Paper II and III. In General Studies Paper II it falls under Acts, Policies & Bodies. In General Studies Paper III it falls underInternal & External Security sub topic Money laundering and its preventions.
There is also a possibility of questions in prelims as the topic is trending.
Historical Background
The Benami Transactions Act, 1988 was approved by Parliament in 1988. It was not implemented as it lacked enabling provisions because of which rules and guidelines couldn’t be framed.
The 1988 Act doesn’t contain any provision to keep confiscated property with central government. There was also a lack of empowering authorities with powers of civil court for effective implementation. The Bill also lacked an appellate mechanism.
The Amendment Bill Objective
Government of India wants to contain and curtail the domestic black money which is available in circulation in the country.
Government is also trying to generate and collect the land pool which is registered in Benami names.
The bill seeks to strengthen the law through amendments. Government plans to incorporate empowering sections so that implementation becomes possible. The bill seeks to prohibit holding property as Benami and restrict the right to recover or transfer property held in Benami. The bill seeks to broadly do four things:
- Amend the definition of Benami Transactions.
- Establish Adjudicating Authority
- Setup Appellate Tribunal
- Specify the penalty for entering into a Benami Transaction and provisions for confiscation of Benami properties.
The Amendment Bill Key Points
Proposed Definition of Benami Transactions
It is defined as an arrangement where property is transferred to or held by one person while the money for the same is paid by another person. The property is held for direct or indirect benefit of the person providing the money.
Any transaction made against a property where the owner of the property denies the knowledge of such property or makes a transaction in a fictitious name.
All the properties involved in Benami transaction will be considered as Benami properties.
Restrictions
The person being a Benamidar is refrained from re-transferring the Benami property held by him to the beneficial owner or any other person acting on his behalf. The Bill makes all such transfers null and void.
Specifying the Punishment
Those who found guilty of the offences of Benami Transaction may face:
- Rigorous imprisonment for up to 7 years.
- Have to pay a fine which may extend up to 25% of market value of Benami Property.
Effective Implementation
The bill empowers central government to make rules for the implementation of the provision of the bill.
The bill has provision for central government to designate one or more special courts for the purpose of the bill in consultation with the High Court Chief Justice of concerned state.
Exemptions
The 1988 Act had minimal exemptions. It provided for exemption only in case if property is registered in the name of
- Female spouse
- Unmarried Daughter, and
- Co Pensioner
But the current amendment bill seeks to widen the spectrum of exemptions. It has been expanded to:
- Members of Hindu Undivided Family (HUF)
- Corporates, Firms, Companies and Partners holding land in fiduciary capacity in the name of Directors, Trustees or other employees.
- Property in the name of spouse and kids acquired from the known source of income
- Lineal descendants and ascendance (cousins, relatives etc.)
Status of the Bill in Parliament
Initially, the bill was introduced by UPA government. The provision and exemption contained in the bill was objected by the head of Standing Committee on Finance Mr Yashwant Sinha.
At present time the NDA government is facing the same challenge from the congress quarters.
Implementation Process
Proceeding for Benami transaction will be initiated by initiating office who will be of the rank of Assistant Commissioner. The initiating officer will refer the case to adjudicating authority set up under the bill.
The relevant adjudicating authority will pass an order within a specified time after hearing the alleged
- Benamidar
- Beneficial Owner
- Any other interested parties including bank companies
- Any other person who makes a claim with respect to property
There is a provision to empower the adjudicating authority with powers of civil court.
There is a provision to setup an appellate tribunal to appeal against all orders of adjudicating authority.
After the final orders of adjudicating authority central government will confiscate the properties held as Benami.
Confiscated properties are to be managed and disposed of by officers designated by central government.
Critical Analysis
Unanswered Questions
How the property is going to be confiscated? What are the mechanisms which will be involved and how to check the power given to officers is not being misused?
The bill seems to be silent on this aspect.
Vagueness and Uncertainty
In case of Money Laundering Act the property is attached which is a proceed of crime. When we talk of proceed of crime we talk of such properties as derived or obtained as a result of criminal offence.
In case of Benami Transaction Act it appears that the initiating officer based on information he has can act on discretion to notify any property as Benami. This may lead to problem in implementation which can lead to excessiveness or arbitrariness.
Hence there is no certainty of action that can be taken under this bill.
Retrospective or Prospective?
As the bill is a mere amendment to Benami Transaction Act, 1988 there is a chance of it being implemented retrospectively. There is also provision in the bill which gives power to Government of India to notify it from any date it wants.
Also Benami is a sort of continuing offence and hence it is futile to discuss prospective or retrospective.
With implementation mechanism in place, initiating officer has to identify Benami property it seems it will difficult to dig cases retrospectively.
Rural Impact
The Hindu Undivided Family (HUF) has been exempted from Benami transaction act which pushes a large section of population in rural areas outside the ambit of the law.
The rest of the people are moneyed people thereby having a little impact on them.
A few poor people in rural area may be roughed up wrong side if record of ownership structure has been misplaced. This should be a very rare scenario.
Exemptions – Is it legalizing black money?
As seen earlier there has been a sweep of exemptions after which there will be hardly any Benami property left. With the inclusion of sons, relatives and cousins individual sort of got legal license to keep Benami properties.
Also the exemption being extended even to limited liability partnership in business arena gives a wrong signal. This can be misused under Corporate Social Responsibility by many corporates to have Benami properties.
There is one misconception that holding landing in fiduciary capacity by corporates, firms etc. will help in legalising black money. In fiduciary capacity money comes from known channel and is mostly for a purpose of trust. Hence, it is not Benami property. If the channels are unknown then it is not counted in fiduciary capacity.
Initiating Officer Role – Overburdened and over trusted?
Initiating officer is basically an investigating officer. He has discretionary to notify any property as Benami based on information he possess. But, where does the information comes from is a complete grey area. This has also not been addressed in bill.
Secondly, initiating officer has been given power to hold Benami property for 90 days without referring it to adjudicating authority. He doesn’t need to hear out the concerned parties also. This over trust can lead to arbitrariness and absurd results.
https://youtu.be/3ZdkqqjosCM
9.)The Most Complex International Borders in the World – Part 1
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