Jan Lokpal Bill- A Ray of Hope

Corruption is a common word which has become a topic of discussion in all areas of life, corner of the world and by all people of the globe. Greed for money and position and the corrupt nature and mentality acquired by birth are the factors operate and inspire to promote and live in corruption. The corruption is the result of a corrupted mind. Things around are so corrupted and it so easy to get away things which are next impossible to acquire and accomplish. These generally promotes corruption. Corruption comes under many different guises: bribery, misappropriations of public goods, nepotism (favoring family members for jobs and contracts), and influencing the formulation of laws or regulations for private gain are common examples of wrongdoing or misconduct.

Corruption decreases the amount of wealth in a country and lowers the standard of living. Corruption affects you even if you don't come into direct contact with it. For example, corruption discourages businesses from operating in a corrupt setting, reducing the overall wealth in a country. It reduces the amount of money the government has available to pay workers and buy supplies, such as books, medicine and computers. It distorts the way the government uses its money, lowering the quality of the services it provides: schools, health clinics, roads, sewer systems, police. It allows those with money or connections to bend the law or government rules in their favor. It undermines everyone's trust in government. In order to combat this disease called corruption in a country like India something concrete is wanted and Jan Lokpal bill is the best thing which is available to help us, if not remove corruption at least to limit it.

The Jan Lokpal Bill (also referred to as the citizens' ombudsman bill) is a proposed anti-corruption law designed to effectively deter corruption, redress grievances and protect the victims. It is drawn up by prominent civil society activists seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year. Drafted by Justice Santosh Hegde (former Supreme Court Judge and present Lokayukta of Karnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission.

The Lokpal Bill has been earlier drafted but never got passed. The first Lokpal Bill was passed in the 4th Lok Sabha, the lower house of the Parliament, in 1969 but stalled in the Rajya Sabha. Subsequent Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and 2008 but all failed to pass. Following the four day Anna Hazare fasting struggle, Prime Minister Manmohan Singh stated that the Lokpal Bill would be introduced in the 2011 monsoon session of parliament.

 The Jan Lokpal Bill provides for an institution called Lokpal at the centre and Lokayukta in each state will be set up. Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations. Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years. 

The Government of India has also come up with their own version of the bill. But their version is being criticized a lot. Government's Lokpal will not have any power to either initiate action suo motu in any case or even receive complaints of corruption from public. Whereas the Jan Lokpal proposes full powers to initiate investigations suo motu in any case and also to directly entertain complaints from the public. The government's Lokpal will not have any police powers and it will not be able to register an FIR.  Whereas the Jan Lokpal proposes police powers and would be able to register FIR, proceed with criminal investigations and launch prosecution. The government's Lokpal won't have powers to investigate any case against Prime Minister, which deals with foreign affairs, security and defense. But the Jan Lokpal Bill proposes no such bar on Lokpal's powers. The Government's Lokpal will not have jurisdiction over bureaucrats and government officers. But Jan Lokpal will have jurisdiction over politicians, officials and even judges. It also proposes merging the entire vigilance machinery into Lokpal.

With Jan Lokpal Bill, further scams or leaks will be stopped. In case the JanLokpal Bill is allowed to come and stay then definitely in a short time many scams will be ripped open and money robbed will be recovered, that itself is big revenue. The present Jan Lokpal Bill may sound a bit utopian, but we must remember one thing that we, the people of India are the Jan of this Lokpal Bill and it is in our hands to make it realistic. All that laziness and all that fear which stops many of us from complaining against the corrupt politicians and bureaucrats has to be done away with.

Corruption is continuously increasing in India and due to this increased corruption talented people are not getting good jobs in government sectors because in every field of institution there is a bacteria called Ghoos means official people will only work when you will offer them some good money then only they will work. From top to bottom almost everybody is corrupt, some people are honest but corrupt people cover them in every section. This is one of the reasons why brain drain is increasing in India. Jan Lokpal bill is very much necessary to remove corruption from India. If Jan Lokpal bill will pass in the Lok Sabha then this institution will be have power to give punishment to all the guilty people, which is the only way to remove corruption from India.

Further information about the Jan Lokpal Bill may be obtained from:

1. India against Corruption

2. Salient Features of Jan Lokpal Bill

3. What is Jan Lokpal Bill?

Or you can contact us through comments or mail us at lawsmadesimple@peacemail.com.

Right To Education- A Human Right

Education, is it Important? Of course it is. It is very easy to explain the necessity of education in one’s life. No human beings are able to survive properly without education. By the means of education only one’s potential can be used to maximum extent. Education tells men how to think, how to work properly, how to make decision.  Then why is it difficult for all to gain it. Why the chosen few only have an easy access to education? Human beings around the world live their lives on their own terms and make their own identity and yes it is education which helps in the development of this identity and one’s personality. So this means education is and should be an essential right to be possessed by all. But sadly it is not the case everywhere.

Education and Human Rights whether they be Civil, Political, Social, Economic or Cultural have a direct relation. Even after more than 60 years of independence, the literacy rate in India is still very low. This rate is indeed shameful for a country like India which dreams to be a super power of the world in the 21st Century. The significance of right to education can very well be demonstrated from the fact that it is indeed a basic human right which everyone should be aware of and allowed to enjoy.

People say they did not have an easy access to their right to get educated so how can they even think about sending their own children to schools. Will they be able to do it this time? To this question the answer lies in the Right To Education which has been incorporated in the Constitution of India through 86^th Amendment Act in 2009.  It received Presidential assent and was notified as law on 3 Sept 2009 as The Children's Right to Free and Compulsory Education Act. The law came into effect in the whole of India except the state of Jammu and Kashmir from 1 April 2010, the first time in the history of India a law was brought into force by a speech by the Prime Minister. In his speech, Manmohan Singh, Prime Minister of India stated that, "We are committed to ensuring that all children, irrespective of gender and social category, have access to education. An education that enables them to acquire the skills, knowledge, values and attitudes necessary to become responsible and active citizens of India." The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), describes the modalities of the provision of free and compulsory education for children between 6 and 14 in India under Article 21-A of the Indian Constitution. India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010.

Art 21-A inserted in Fundamental Rights as per 86^th Constitutional Amendment states:

“The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State may, by law, determine.”

The Act promises to ensure education for all children between 6 and 14, a whopping 22 crore children, out of which nearly 1.1 crore are out of school and the act makes it obligatory for the appropriate governments to ensure that every child gets free elementary education. The Act mandates that even private educational institutions have to reserve 25 per cent seats for children from weaker sections. The Finance Commission has provided Rs 25,000 crore to the states for implementation of the Act.

The Act also provides that no child shall be detained, expelled, or required to pass a State Council until the completion of basic education. There is also a provision of children’s right to education for the right to special training for school leavers to make them equal with students of similar age. It prohibits unrecognized schools from practice, and makes provisions for no donation or capitation fees and no interview of the child or parent for admission. The Act also provides that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. There is also a provision for special training of school drop-outs to bring them up to par with students of the same age. The Right to Education of persons with disabilities until 18 years of age has also been made a fundamental right. The Act provides for the establishment of the National Commission for Protection of Child Rights, and State Commissions for supervising proper implementation of the act, looking after complaints and protection of Child Rights. It also says that qualification for appointment of teachers is to be laid down by academic authority authorised by Central Government. It prohibits deployment of teachers for non-education purpose, except for decennial census, disaster relief and elections to Parliament, State Legislatures and Local Bodies.

Why the Children's Right to Free and Compulsory Education Act is considered a revolution? It is because in a country like India, education is the only way to development, prosperity and success.  The right to education has been recognised since the Universal Declaration of Human Rights (UDHR) in 1948. Article 26 of the Declaration proclaims that: ‘Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages.’ Considering this India as a nation can definitely benefit from this Act provided the people of India are not unaware of it.

For more Deatils about the Right to Education Act please refer to-

1. Government of India Database for Documents Relating to RTE.

2. The Right to Education Act Official Govt. Gazette

3.Right to Education.in

For further Information information about the topic, you can please post your Comments or mail us at lawsmadesimple@peacemail.com

DO NOT ENVY YOUR ENVIRONMENT- A Look into the Environment (Protection) Act, 1986

“The Environment is everything that isn’t me”- these words were said by the great Albert Einstein, which shows that everything and anything external to us is our environment. The environment is something that we are very familiar with. It's everything that makes up our surroundings and affects our ability to live on the earth—the air we breathe, the water that covers most of the earth's surface, the plants and animals around us, and much more.

Now having read these lines do you think this environment should be protected and are you the one responsible for its protection? If yes then do not be afraid, it is not demanding a lot of hard efforts from your side. Little efforts will unite together to save the environment.

But now-a-days the scientists have found that we are causing air pollution, deforestation, acid rain, and other problems that are dangerous both to the earth and to ourselves. These days, when you hear people talk about “the environment”, they are often referring to the overall condition of our planet, or how healthy it is. And obviously we are the killers of our environment.

In order to save the environment from deteriorating badly the Government of India has seriously taken some steps. In 1980 the Department of Environment was established. Later on it became the Ministry of Environment and Forests in 1985. After the tragic Bhopal Gas Tragedy, the Environment (Protection) Act, 1986 came into existence. The main objective of the Environment (Protection) Act, 1986 is to provide the protection and improvement of the environment.

The Chapter- I of the EPA shows that the act extends to the whole of India including Jammu & Kashmir. It also defines what is an “environment” or “environment pollutant” or “hazardous substance” etc. the chapter- II of the EPA talks about the general powers of the central government to take measures to protect and improve environment. It says that the Central Government “shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing controlling and abating environmental pollution.” It also deals with the planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; laying down standards for the quality of environment in its various aspects; laying down standards for emission or discharge of environmental pollutants from various sources etc.

Under Sec (4) the central government may appoint a person for inspection; under Sec (5) it may issue directions in writing to any authority to comply; under Sec (6) it empowers the government to make rules to achieve the object of the Act. Under Sec (8) persons handling hazardous substances must comply with procedural safeguards.

Article 48A of the Directive Principles of State Policy, specify that the state shall protect and improve the environment. Whoever person is found to be the cause of pollution may be liable for punishment for a term which may extend to five years or with fine which may extend to one lakh rupees or both (Sec 15,16, 17). If not comply fine of Rs. 5000 per day extra still if not comply for more than one year, then imprisonment may extend up to 7 years.

In the end again we all must remember that environment is first and foremost for us and for our future generations as well.  "I think it's crazy for us to play games with our children's future. We know what's happening to the climate, we have a highly predictable set of consequences if we continue to pour greenhouse gases into the atmosphere." These were the words of Bill Clinton’s speech at a United Nations Climate Conference in 2005 and it again reminds us the role we have to play if in the context of India the EPA is to be successful.

For further information, the following sites may be referred:

The Bare Act- Environment (Protection) Act, 1986 - EP Act, 1986

Ministry of Env. and Forest, India. - Official Site

Environmental Laws Simplified. - TERI Site

Presentation on Env. and Forest at Link

Also do feel free to contact us for any comments and queries by commenting here or by e-mail at lawsmadesimple@peacemail.com ..:)

The National Human Rights Commission- Its Role and Functions

The National Human Rights Commission was established under the Protection of Human Rights Act, 1993. The Protection of Human Right Act, 1993 has been enacted pursuant to the directive under Article 51 of the Constitution and also the commitments taken at Vienna conference. It defines human right as the right relating to liberty, equality and dignity of the individual guaranteed by the Indian constitution as embodied in the fundamental rights and the International covenants.

The Act provides for the Constitution of a National Human Rights Commission, State Human Rights Commission in States and Human Rights Courts for better protection of Human Rights. The Central Government constitutes the National  Human Rights Commission to exercise the powers and perform the functions assigned by the Act.

The NHRC has the following functions as prescribed by the Protection of Human Rights Act, 1993-

(a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf, into complaint of

            (i) violation of human rights or abetment thereof or
            (ii) negligence in the prevention of such violation,

            by a public servant;

(b) intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;
(c) visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations thereon;
(d) review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation;
(e) review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures;
(f) study treaties and other international instruments on human rights and make recommendations for their effective implementation;
(g) undertake and promote research in the field of human rights;
(h) spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means;
(i) encourage the efforts of non-governmental organisations and institutions working in the field of human rights;
(j) such other functions as it may consider necessary for the protection of human rights.

The commission out of its ambit has taken the following topics for oversight.
Abolition of Child Labour

Rehabilitation of Marginalized and Destitute Women in Vrindavan
Combating Sexual Harassment of Women at the Work Place
Harassment of Women Passengers in Trains
Abolition of Manual Scavenging
Dalits issues including atrocities perpetrated on them
Problems faced by Denotified and Nomadic Tribes
Rights of the Disabled
Right to Health
HIV/AIDS
Relief Work for the Victims of 1999 Orissa Cyclone
Monitoring of relief measures undertaken after Gujarat Earthquake 2001
District Complaints Authority
Population Policy- Development and Human Rights

In addition to this, The Supreme Court of India has prescribed the following subjects under the remit of the NHRC.

Abolition of Bonded Labour
Functioning of the Mental Hospitals at Ranchi, Agra and Gwalior
Functioning of the Government Protective Home (Women), Agra
Right to Food

The NHRC has widespread powers relating to enquiries, which are briefly enumerated as follows-

The Commission or any other officer, not below the rank of a Gazetted Officer, specially authorised in this behalf by the Commission may enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the Code of Criminal Procedure, 1973, in so far as it may be applicable.

The Commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973, forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973.

The NHRC also has powers of investigation and –

1) The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the services of any officer or investigation agency of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be.

(2) For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under subsection (1) may, subject to the direction and control of the Commission:-

(a) summon and enforce the attendance of any person and examinehim;

(b) require the discovery and production of any document; and

(c) requisition any public record or copy thereof from any office.

The National Human Rights Commission receives complaints on the following topics-

a)      In respect of Police Administration

b)      Failure in taking action

c)      Unlawful detention

d)     False implication

e)      Custodial violence

f)       Illegal arrest

g)      Other police excesses.

h)      Encounter Death’s

i)        Harassment of prisoners / Jail conditions

j)        Atrocities on SC’s and ST’s.

k)      Bonded Labour, Child Labour

l)        Child Marriage

m)    Communal Violence

n)      Dowry death or its attempt; dowry demand

o)      Abduction, rape and murder.

p)      Sexual harassment and indignity to women, exploitation of women.

q)      Other complaints which are not yet categorised.

The Commission has also taken path braking initiatives like

a)      Review of Statues including Terrorist and Disruptive Activities Act and (draft) Prevention of Terrorism Bill, 2000.

b)      Visit to Jails, Mental Hospitals and Other Institutions.

c)      Rights of Denotified and Nomadic Tribes.

d)     Action research on trafficking

e)      Publication of Annual report, monthly newsletter, Annual journal and research studies.

At present the NHRC has the Hon’ble Justice K.G. Balakrishnan as Chairperson and has done remarkable work in maintaining the human rights in a vast country like India.

RTI- A RAY OF HOPE

RTI- REVOLUTION TIME FOR INDIA

The Right to Information, the right to have your say, ask the public authorities, the Government, get to know the real essence of the issue, the solution to all your official troubles and at last but not the least , a right that make you feel that you are more than just a ‘common man’.  

RTI stands for the Right to Information. The Central Right to Information Act came into force on the 12th October, 2005. However, before that 9 state Governments had passed state Acts. These were J & K, Delhi, Rajasthan, Madhya Pradesh, Maharashtra, Karnataka, Tamil Nadu, Assam & Goa.

It has been enumerated in the Article 19(1) of the Fundamental Rights that give you the right to freedom of speech and expression. Any citizen of India who desires to obtain any information under the Right to Information Act, 2005 may make a request to the Public Information Officer/Assistant Public Information Officer in writing or through electronic means.

It is a fact that until and unless we know something about a certain thing, we cannot really contribute to its growth or development. We can neither ensure its success nor guarantee its long running use. For all this to happen we need to have a means through which we can know all that we want to know from the Government officials or the Public authorities. This is what was realized by the Supreme Court in 1976 in the case of Raj Narain v. State of UP that people cannot speak or express themselves unless they know. Therefore, right to information is embedded in article 19 and is a fundamental right. In the same case, Supreme Court further said that India is a democracy. Therefore the Right to Information has to be a main feature of the Indian Legal System.

Talking about the democratic structure or features of India as a country, the right to information is like an icing on the cake. It provides a common man a sense of power, the authority beyond the Public authority.

Right to Information Act 2005 empowers every citizen to:

• 1.      Ask any questions from the Government or seek any information
• 2.      Take copies of any government documents
• 3.      Inspect any government documents.
• 4.      Inspect any Government works
• 5.      Take samples of materials of any Government work.

The Central RTI Act extends to the whole of India except the State of Jammu and Kashmir. All bodies, which are constituted under the Constitution or under any law or under any Government notification or all bodies, including NGOs, which are owned, controlled or substantially financed by the Government are covered.

RTI provides you with the mechanism that helps you find the progress of your individual case and that can be anything. For example if you have fired an FRI you can always file an RTI in case the police is not active enough or you are not able to trace the progress of your case. And if you want to find out the reasons of the loopholes in the system again RTI is considered the last resort. This makes the public authorities responsible. If not out of choice then out of fear of public humiliation or anger the authorities or officials have to work carefully that makes them more vigilant.

There is one Officials Secrets Act, 1993. It states that one cannot approach, inspect, or even pass over a prohibited government site or area. The disclosure of any information that is likely to affect the sovereignty and integrity of India, the security of the State, or friendly relations with foreign States, is punishable by this act. But Sec. 22 of the RTI Act 2005 clearly says that RTI Act would over ride all existing Acts including Officials Secrets Act.

As far as the process of filing an RTI goes then you need to start with submitting your application to the Public Information Officer. One or more existing officers in every Government Department have been designated as Public Information Officers (PIO). These PIOs act like nodal officers. They are responsible for collecting information sought by you from various wings of that Department and providing that information to you. In addition, several officers have been appointed as Assistant Public Information Officers (APIOs). Their job is only to accept applications from the public and forward it to the right PIO. The application fee for Central Government Departments is Rs 10. For getting information, you have to pay Rs 2 per page of information provided for Central Government Department. The application fee can be paid in person through cash or by post.

In case the application is submitted to the PIO then information can be made available to you within 30 days and in case of APIOs, then the limit extends to 35 days. However, if the life and liberty are the main issues then within 48 hours you will get the information. This way the officer or any government employ that is charged of non-performance will have to bear the consequences.

The right to information (RTI) Act is slowly emerging as a powerful tool to establish transparency in the democratic system. But, there is a growing need to spread awareness about the act in remote parts of the country in order to make it truly effective. The success of the act would depend on its appropriate use at the right time. It should not be used as a tool to trouble the officers at the helm of affairs, but genuine questions and information in public interest should be promoted via RTI act. There is a lot more to be done regarding the implementation of RTI. Though there can be some obstacles in the development of our country, India, but RTI is a step forward to achieving good results and development of the country. It is because of the simple fact that “Continuous improvement is better than delayed perfection.”

A few important links related to RTI Act are as follows:

a) www.cic.gov.in  - This is the website of the Central Information Commission, the apex body to ensure the implementation of the RTI act.

b) http://rti.india.gov.in/ - Alternate link for CIC.

c) http://righttoinformation.gov.in/ - The Govt. of India site for RTI's. 

d) http://www.rtiindia.org/forum/content/ - RTI India, A popular public forum on RTI Act.

Please comment on our inaugural post and post your queries through comments or through e-mail at lawsmadesimple@peacemail.com .

Welcome to Laws Made Simple

Laws made simple is an effort by a group of students of Rajiv Gandhi National University of Law, Patiala to simplify and present the laws for the people.

Every week we will see post about a new law prevailing in India and how you can use its power to the fullest.

YOU are welcome to comment on the posts and also ask for clarifications about the laws posted here.
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Laws Made Simple team