What Is The Jan Vishwas Bill, 2023 Proposed By Centre?

Relevance: GS 2 - Government policies and interventions for development in various sectors and issues arising out of their design and implementation. GS 3- Changes in industrial policy and their effects on industrial growth.

(Source: The Hindu, 08/09/23)

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Why in the news?

• Recently, the Jan Vishwas (Amendment of Provisions) Bill, 2023 was passed in Parliament.
• The Jan Vishwas Bill aims to decriminalize around 180 offenses across 42 laws governing environment, agriculture, media, industry and trade, publication, and other domains that create barriers to the ease of doing business in the country.

What is Jan Vishwas bill about?

• The Jan Vishwas (Amendment of Provisions) Bill, 2022 amends 42 laws, across multiple sectors, including agriculture, environment, and media and publication.
• Acts being amended include the Indian Post Office Act, 1898, the Environment (Protection) Act, 1986, the Public Liability Insurance Act, 1991, and the Information Technology Act, 2000.
• Reduces the intervention of courts: The Bill converts several fines to penalties, meaning that court prosecution is not necessary to administer punishments.
• It also removes imprisonment as a punishment for many offences.
• For instance, All offences under the Post Office Act, 1898 are being removed.
• Increased penalties: Fines and penalties for certain offences in specified Acts are being increased. These fines and penalties will be increased by 10% of the minimum amount every three years.
• Adjudicating officers: The Bill amends some Acts to provide for the appointment of Adjudicating Officers to decide penalties. It also specifies the appellate mechanism.

What is the need for such a law?

• Current Complexities: Micro, small, and medium-scale businesses are vital to India's economy. Prolonged approval processes increase costs and stifle the entrepreneurial spirit.
• According to the Observer Research Foundation (ORF) report in 2022, an average enterprise in the manufacturing sector with more than 150 employees deals with 500-900 compliances a year costing nearly Rs 12-18 lakh a year.
• Higher presence of Imprisonment Provisions: According to the ORF report two out of every five (37.8%) compliances carry imprisonment clauses.
• According to the National Judicial Data Grid, as of July 2023, out of a total of 4.4 crore pending cases, 3.3 crore cases are criminal proceedings.
• Redundant laws: The Jan Vishwas Bill envisages decluttering the system and shedding the baggage of archaic and obsolete laws which will give impetus to business process reengineering and improve the ease of living of people.

What are the pros and cons of the amendments?

Pros

• Rationalization of criminal provisions: The proposed Amendment Bill aims to streamline criminal provisions, ensuring that individuals, businesses, and government entities can function without the concern of being subjected to imprisonment for minor, technical, or procedural lapses.
• This bill establishes a harmonious equilibrium between the seriousness of the offense or violation committed and the level of punishment prescribed.
• Reduce the burden on Judiciary: The Bill addresses minor offenses with suitable administrative adjudication mechanisms, reducing strain on the justice system, expediting cases, and enhancing efficient justice dispensation.
• Ease of doing business: The enactment of this legislation would be a landmark in the journey of simplifying laws, fostering business growth, and inspiring future amendments.
• Consolidating changes across various laws with similar goals will save time and costs for both the government and businesses.

Cons

• Public Health and Safety: The reduction of penalties for certain offenses, such as Not of Standard Quality (NSQ) drugs, could raise public health and safety concerns, as it might result in inadequate accountability for substandard or harmful products.
• Environmental Offenses: The complete removal of imprisonment provisions for environmental offenses has raised concerns about the potential loss of deterrence. This could impact the effectiveness of environmental regulations.
• Technical Competence: Empowering Adjudicating Officers under Acts like the Air Act and Environment Act raises concerns about their technical expertise to effectively assess penalties, especially for complex technical cases.
• Deterrence and Institutional Structure: The Bill's potential impact on deterrence and its effect on the institutional framework for different offenses have raised concerns. Some fear that these changes could unintentionally undermine enforcement and accountability mechanisms.

Conclusion

• Despite a few shortcomings the Bill seeks to reduce compliance and remove the fear of imprisonment for minor offenses, to give an impetus to businesses and improve ease of doing business and living, thus bolstering ‘trust-based governance’.

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FAQs

MCQ

Question: In India, separation of judiciary from the executive is enjoined by (UPSC-2020)

(a) the Preamble of the Constitution

(b) a Directive Principle of State Policy

(c) the Seventh Schedule

(d) the conventional practice