The Hindu Editorial Analysis- 7th August 2023 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

The bureaucracy as prosecutor and judge

Why in News?

Recently, the Jan Vishwas (Amendment of Provisions) Bill, 2023 was passed in Lok Sabha during the monsoon session and aims at giving a boost to Ease of Living and Ease of Doing Business.

What is the Jan Vishwas (Amendment of Provisions) Bill, 2023?

• About:
  • The Bill proposes to amend 183 provisions in 42 Central Acts administered by 19 Ministries/Departments, covering various domains such as environment, agriculture, media, industry, trade, information technology, copyright, motor vehicles, cinematography, food safety, etc.
  • The main objective of the Bill is to decriminalize minor offences that do not involve any harm to the public interest or national security and replace them with civil penalties or administrative actions.
• Background:
  • The Bill was introduced in Lok Sabha on 22nd December 2022 and referred to the Joint Committee of Parliament.
• Need:
  • Rationalize criminal provisions to reduce undue pressure on the justice system.
  • Address technical and procedural defaults without imposing severe penalties.
  • Establish a balanced approach between the severity of offence and prescribed punishment.
  • Boost the growth of businesses by eliminating barriers and promoting a conducive legal environment.
• Key Features of the Bill:
  • The Bill seeks to remove imprisonment clauses and/or fines in some provisions and convert them into penalties in some others.
  • The penalties will be determined by adjudicating officers appointed by the respective Ministries/Departments.
  • The Bill also introduces compounding of offences in some provisions, which means that the offenders can settle their cases by paying a certain amount without going through a court trial.
  • The Bill provides for a periodic revision of fines and penalties every three years, with an increase of 10% of the minimum amount for various offences in the specified Acts.
  • The Bill removes all offences and penalties under the Indian Post Office Act, of 1898, which is considered to be obsolete and irrelevant in the present context.
• Benefits:
  • By introducing administrative adjudication mechanisms, the Bill reduces pressure on the justice system, helps in reducing case pendency, and facilitates a more efficient and effective justice dispensation.
  • The Bill will foster trust-based governance by ensuring that citizens, businesses, and government departments operate without fear of imprisonment for minor, technical or procedural defaults.
• Concerns:
  • The Jan Vishwas Bill replaces imprisonment with fines or penalties, which is not enough for decriminalization.
  • Experts argue that the Bill represents a 'quasi-decriminalization', and more efforts are needed to institutionalize true decriminalization.
  • Concerns were raised about the appointment of adjudicating officers under the Air (Prevention and Control of Pollution) Act and the Environment (Protection) Act, 1986, questioning their technical competence for such legal proceedings.

What are the Key Laws Covered in the Bill?

• The Indian Forest Act, 1927.
• The Air (Prevention and Control of Pollution) Act, 1981.
• The Information Technology Act, 2000.
• The Environment (Protection) Act, 1986.
• The Copyright Act, 1957.
• The Patents Act, 1970.
• The Railways Act, 1989.
• The Food Safety and Standards Act, 2006.