Jan Vishwas Bill passed, promotes 'ease of business' through decriminalisation

The  Lok Sabha on Thursday passed the Jan Vishwas (Amendment of Provisions) Bill, 2022 through a voice vote even as the Opposition protested and raised slogans on the Manipur issue. 

The Bill amends 42 laws, across multiple sectors, including agriculture, environment, media and publication. It seeks “to amend certain enactments for decriminalising and rationalising minor offences to further enhance trust-based governance for ease of living and doing business.” This means, it converts several fines to penalties, such that court prosecution is not necessary to administer punishments.  It also removes imprisonment as a punishment for many offences.

The bill was first tabled in Parliament by the Union Ministry of Commerce and Industry in December 2022. Later, referred to a Joint Parliamentary Committee (JPC) for review. The JPC then came up with seven general recommendations to Parliament during the Budget Session in March, most of which were accepted. 

Highlights 

• Under this bill, fines are being converted into penalties, eliminating the need for court prosecution to impose punishments. Additionally, imprisonment as a punishment for many offences is being removed. All offences under the Post Office Act, of 1898, are also being taken off the list of punishable actions.

• Furthermore, the bill proposes an increase in fines and penalties for specific offences mentioned in certain acts. These increments will be set at 10% of the minimum amount and will be adjusted every three years.

• To facilitate the administration of penalties, the bill introduces the appointment of Adjudicating Officers who will be responsible for determining appropriate penalties. Moreover, the bill outlines the appellate mechanism for handling cases where individuals may contest the penalties imposed on them.

Criticise of the amendments

While the bill is being seen as an attempt to reverse the trend of over-criminalisation. On the other hand, experts and think tanks have warned that, this is merely a drop in the country’s regulatory framework. Further adding, that these amendments can have serious consequences. 

Environment: Earlier, the Vidhi Centre for Legal Policy had pointed out how the blanket removal of imprisonment provision might also remove the deterrence effect of the environmental legislation, especially for large corporations profiteering from the offence. 

Pharmacy: Public health activist Dinesh S. Thakur has questioned why pharma companies that harm patients or owners of pharmacies that employ unqualified personnel must be exempted from prison time.

“This Bill fulfils a long-standing wish list of the industry that if you suffer bodily harm from substandard medicine, no one will be held punitively accountable. So much for Good Governance.”

Thakur tweeted

Similar objections have been raised in other sectors as well. 

Several opposition leaders have also argued that the bill was passed in Lok Sabha even though a 'no-confidence motion' has been moved against the Government.

“The parliamentary rules and conventions stipulate that no legislative business can take place until the no-confidence motion has been thoroughly debated and decided. Despite this, Bills are being passed in contravention of the Practice & Procedure of Parliament. This is unjust and against the spirit of our parliamentary democracy.”

Raghav Chaddha, an MP from Aam Aadmi Party told ANI. 

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