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07/01/2019 - Indian Polity

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January 07, 2019

Though private member bills are rarely discussed and debated in the Parliament they are useful in highlighting the loopholes in the body of law. Explain with illustrations. (200 Words )

Refer - The Hindu

Enrich the answer from other sources, if the question demands.

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IAS Parliament 6 years

KEY POINTS

According to PRS Legislative Research, Of the 300 odd Private Members’ Bills introduced in the 14th LokSabha, barely 4% were discussed; 96% lapsed without even a single debate in the House.

Case 1:

The private member’s Bill aimed at protecting literary freedom from threats is welcome.

·        Public order, national unity and social or religious harmony are the principles commonly invoked against the practice of literary freedom.

·        Threats to free expression, especially artistic freedom, in our times mainly come from those claiming to espouse the interests of a particular religion or social group.

·        Its objective — that “authors must be guaranteed the freedom to express their work without fear of punitive action by the State or by sections of society” — commends itself to any society that upholds liberal values.

·        It seeks the omission of IPC section, 295A, in effect a non-denominational blasphemy law, as it targets deliberate or malicious acts to outrage religious feelings.

·        Section 295A is a grossly misused section, often invoked in trivial ways to hound individuals, harass writers and curtail free expression. It deserves to be scrapped. 

·        It favours the scrapping of the provision in the Customs Act to ban the import of books, but makes a public order exception.

·        The bill helps authors of books to freely express their thought, belief, without fear or favour, which helps in shaping the society comprehensively. The biil also seeks to scrap the grossly misused IPC sections exposing the loopholes in the law.

Case 2: The Transgender Persons (Protection of Rights) Bill, 2014

·        In 2014, the Supreme Court passed a landmark judgement, paving the way for enshrining the rights of transgenders in law. 

·        The passage of the bill in Rajya Sabha acted as first step in recognition of Transgenders, whose welfare was continuously neglected by Government.

·        It provided for self identification of Transgenders which is implied in the Fundamental rights under article 21 of the Indian Constitution.

·        Reservation to transgenders in government jobs, educational institutions was mentioned the clauses and also provided with the Right to l.ive in community upholding the social justice.

·        But the modified bill, The Transgender Persons (Protection of Rights) Bill 2016 din’t recognize the right of self identification, which is to be decided by committee at districvt level.

·        In totality, the bill kindled debate and discussions in parliament to recognize the identity of Transgenders paving the way for better society.

 

Sandeep 6 years

Please review mine

IAS Parliament 6 years

Good answer. Keep Writing.

Balaya dehury 6 years

Please review

IAS Parliament 6 years

Need better understanding. Try discussing about how the bill exposes loopholes in the law. Definitions are not mandatory. Avoid mentioning names of political figures. Keep Writing.

Nandadeep 6 years

Please review.thanks

IAS Parliament 6 years

Try providing data about Private member bill and discuss how the bill exposes loopholes in the law. Definition of the bill is not necessary. Keep Writing.

V Ajisha 6 years

Review it. Thanks! 

IAS Parliament 6 years

Avoid mentioning names of political figures, minimize use of short-forms. Include discussion about Transgenders bill 2014. Keep Writing.

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