Gujarat assembly passes Jan Vishwas Bill to decriminalise minor offences; Congress, AAP object

Gandhinagar: The Gujarat assembly has passed a bill that seeks to decriminalise certain minor offences to promote "trust-based" governance and "ease of doing business" in the BJP-ruled state, amid objections by Congress and AAP.

Following a lengthy debate, the Gujarat Jan Vishwas (Amendment of Provisions) Bill was passed on Tuesday through majority voice vote, even as opposition Congress and the Aam Aadmi Party (AAP) refused to support it.

Unauthorised construction and encroachment on public spaces are among the offences for which legal action can be substituted with penalties, according to the bill.

While the Congress demanded separate amendment bills for all the 11 existing laws which the government sought to tweak, AAP MLA Gopal Italia alleged that the bill was meant for the ease of wrong-doers and criminals and not for the common man's ease of doing business, and demanded that it be sent to the select committee for a review.

Tabling the bill in the House on the second day of the monsoon session, Industries Minister Balvantsinh Rajput said it is on the lines of the Centre’s Jan Vishwas Bill passed by Parliament earlier, and is aimed at simplifying rules and regulations as well as reducing the burden on courts.

“We want to simplify rules and regulations, promote ease of doing business, reduce burden on courts and rationalise the existing provisions. To enhance trust-based governance and ease of doing business, this Bill seeks to amend certain enactments for decriminalising and rationalising offences,” he said.

It proposes to replace punitive legal action, such as jail term and fine imposed by courts, with a penalty of certain amount for various offences, such as unauthorised construction, encroachment on public spaces, non-removal of filth, tying cattle on public places and defaulting in payment of certain taxes, among many others, the bill document states.

Other offences which would now attract a fine instead of legal action include discharging sewage or any other liquid or material in open space without the permission of municipality, selling dairy products without permission, using steam whistle without licence, loitering for the purpose of prostitution and obstructing authorised persons from entering a premises.

The bill will amend existing provisions of 11 different acts, including the Gujarat Co-operative Societies Act, 1961, the Gujarat Agricultural Produce and Marketing (Promotion and Facilitation) Act, 1963, the Gujarat Town Planning and Urban Development Act, 1976, the Gujarat Municipalities Act, 1963 and the Gujarat Provincial Municipal Corporations Act, 1949.

“This bill proposes to amend 516 provisions of these 11 acts. Of these provisions, one provides for jail term for a violation, 17 provide for both jail or fine, while 498 provisions are regarding imposing a fine for violation or non-compliance. This bill will replace these 516 existing provisions with a specified penalty to be collected by the government,” Rajput said.

A fine is imposed by a court after the completion of legal proceedings, while a penalty is imposed and collected by the government, he clarified.

Raising his objection, AAP MLA Italia said the bill contravenes the existing legal provisions and is against Article 20 (2) of the Constitution, which says that no person shall be prosecuted for the same offence more than once.

“One of the proposed provisions of the bill says that if someone becomes a member or even a chairman of a cooperative society by wilfully submitting bogus documents, then he will be liable to pay a penalty of Rs 500 only. But section 212 of the Bharatiya Nyaya Sanhita (BNS) provides for a jail term for the same crime. So will he be punished under both the cases? And how can someone who willingly submits bogus documents be let off for just Rs 500?” he asked.

The bill also lacks clarity about the provision of judicial review available to the aggrieved person, he said, and claimed that the bill would give immense powers into the hands of government officials who will be authorised to collect penalties because of no supervision from judiciary.

Citing another provision that people involved in illegal construction will be liable to pay Rs 50,000 penalty instead of facing an FIR, Italia said it will only encourage wrong-doers because they will not have any fear of breaking the law.

“This bill is meant for the ease of wrong-doers and criminals, not for common men's ease of doing business. You are actually giving a free hand to such people. No law can be above our Constitution. I demand that this Bill should be sent to the select committee for review,” Italia said.

Without the support of Congress and AAP, the Bill was eventually passed with a majority voice vote.

The assembly also passed the Gujarat Goods and Services Tax (Second Amendment) Bill to give effect to various decisions taken by the GST Council in its 55th meeting. The amendment Bill was passed unanimously with the support of the Opposition.