Rajya Sabha Chairman Jagdeep Dhankhar has said he will not tolerate any insult to Parliament and the post of vice president which he holds and expressed deep anguish over a TMC MP mimicking him in the Parliament complex and a Congress leader videographing the act. In the Rajya Sabha, the chairman said the acts of mimicking him and its videography have caused an "insult" to the honour of the post of the vice president, the farmers and his own community.
The new criminal law bills which will replace IPC, CrPC and Indian Evidence Act have been passed in the Lok Sabha.
But here's a pertinent question-- will it allow men to file rape complaints?
BJP MP calls SC's decision 'wrong'
Nishikant Dubey in Lok Sabha while opening the debate on the 3 Criminal Law Bills clarified his party's stand on adultery
'Where there is Dharma, there will be Victory'
Dubey in LS: We are against 377 & adultery. SC's motto is 'yato dharmastato jayah', and no dharma endorses unnatural sex. Whatever SC has done was wrong'
What was SC's ruling that Nishikant called 'wrong'?
SC partially struck down IPC Section 377, decriminalising same-sex relations between consenting adults
IPC on Section 377
The section states - 'whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished'
BNS on Section 377
The Bhartiya Nyay Sanhita Bill (BNS) that would replace IPC has no specific section on adultery like Section 377
Men cannot be raped?
While IPC has gendered provisions when it comes to rape, the only provision across statutes that penalised rape of transgenders and men was 377
No 377, no section to protect men/transmen
BNS recognises 3 genders -men, women, transgenders. Sections related to rape are gendered which means the bill fails to penalise sexual violence against men.
Does BNS define unnatural sex?
As BNS is mum on unnatural sex separately, it retains 2 IPC sections that deal with self-defence & kidnapping. This essentially means genders other than women can file rape complaint
Panel's demand for the inclusion of adultery & making sections related to sexual assault & rape gender-neutral have been ignored
-NDA MPs staged a protest during Question Hour against Opposition MPs who did not apologise on behalf of Kalyan Banerjee. The TMC MP mimicked V-P Jagdeep Dhankhar on December 19.
-House was adjourned four times in the first hour of the day
-During the first half of the day, Mallikarjun Kharge and the remaining MPs who had not been suspended continued with their protest
-2 bills were passed in the absence of Opposition
1. Central GST (second amendment) Bill, 2023
2. Provisional Collection of Taxes Bill, 2023
-A couple of remaining MPs protested in the House
-MPs continued their protest during the discussion on the amended Criminal Law Bills
-LS suspended 2 MPs - Thomas Chazhikadan and CPI(M) A M Ariff, taking the total tally of suspensions to 143
-Amit Shah spoke for the first time since the December 13 incident in Lok Sabha. He moved the Criminal Law bills for passage
-2 contentious Bills were passed in Lok Sabha in the absence of Opposition
1. Three Criminal Law Bills
2. Telecommunication Bills
Both Houses have been adjourned till 11 am tomorrow
After returning the Central Goods and Services Tax (second amendment) Bill, Rajya Sabha quickly passed the Provisional Collection of Taxes Bill, 2023.
Lok Sabha has passed both these bills passed.
Rajya Sabha adjourned for the day to resume proceedings on Thursday 11 am.
With most Opposition MPs suspended from the Lower House for the session, the Lok Sabha passed 2nd important bill of the day - the Telecommunications Bill, 2023 through voice vote.
Lok Sabha has been adjourned till Thursday, 11 AM
The Bill aims to replace the following laws -
-Indian Telegraph Act, 1885
-Indian Wireless Telegraphy Act, 1933
-Telegraph Wire (Unlawful Possession) Act, 1950
The draft was released in September 2022 and was also debated in Parliament in August.
It has gone through several rounds of consultations and after the Cabinet had passed it earlier.
The Telecommunications Bill, 2023 was moved in the Lok Sabha for debate and passage.
The Bill that has faced severe opposition from the Opposition aims to replace 138-year old Indian Telegraph law.
The amended criminal laws were passed in Lok Sabha via voice vote. Three criminal laws - Bharatiya Nyaya (Second) Sanhita Bill, 2023, Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 and Bharatiya Sakshya (Second) Bill, 2023 will eventually replace IPC, CrPC, Indian Evidence Act.
-We have removed sedition but we have strengthened the laws related to terrorism.
-Can speak against government, but BJP will not allow anyone to speak against India
-We have added another chapter on cruelty against women.
-We have made laws against trafficking gender-neutral.
-no definition for terrorism, we have defined it and we have made it impossible for them to come out of jail
- Terrorism in itself is against human rights and humanity
terrorist is defined as - any act done ‘with intent to threaten or likely to threaten the unity, integrity, security economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country.’
-No sympathy for people who are terrorists, they should be scared
-New criminal law bills in consonance with spirit of Constitution
-Punishment increased to 10 years for hit and run case; If the accused takes the victim to hospital the punishment will not be severe
Home Minister Amit Shah who spoke for the first time since the December 13 incident said the following-
-IPC was aimed to punish not for justice.
-These laws were framed by a ruler to keep its colony enslaved. But the new laws that incorporate a lot of suggestion of the MPs are for Indians.
-We still use English words like Her Majesty, British kingdom, the Crown, barrister, ruler after 75 years of independence.
-These laws prioritise crimes against women and children, human rights, border security, army etc.
-These laws will be victim-centric, will have speedy trial and will increase the conversion ratio
-In CrPC there were 484 sections, now there will be 531 sections in it. Changes have been made in 177 sections and 9 new sections have been added. 39 new sub-sections have been added. 44 new provisions have been added
-The director of prosecution has been introduced. They will decide if the convict's plea for mercy should be taken into consideration or not.
C. Thomas and A.M. Arif have also been suspended from the Lok Sabha for displaying placards in the House.
Prahlad Joshi moved the motion which was passed via voice vote. The members are suspended for the remainder of the Winter Session.
Total suspensions rise to 143
- 'No checks and balances for powers given to Police under several criminal laws'
-'Will give unbridled powers to the Police and make it into an authoritarian state rather than a democracy'
-Just like Owaisi, Harsimrat Kaur highlighted the issues with Police custody up to 60 days, UAPA, Police powers
-'If there is no family, how is the convicted supposed to apply for mercy?' - Harsimrat questions the sections related to mercy petitions in the new bill
-'I propose that these Bills come up when the whole Opposition is present and properly debated'
Nirmala Sitharaman has presented the Central Goods and Services Tax (Second Amendment) Bill, 2023 in the Upper House for consideration and passage.
The legislation was passed by Lok Sabha earlier.
- Reforms only for the powerful, for Dalits and Muslims the government has provided only unspoken reservation in the jails
-Owaisi raised questions on acts defining detention. He said, 'Until the 9th day the detained person might not be granted bail'.
-Owaisi further pointed out that the law that forced Police to submit an affidavit in the court after 30 days of remand has also been removed
-SC said muliple mercy petitions can be filed, but the new bills have no provisions for that
-Owaisi also highlighted that the new bill has also removed the provision of bail in the case of multiple offences
-'Terrorism-how can police decide if I am a terrorist, the court will give its judgement'
He called it a violation of - separation of power, judicial independence, Indira Gandhi vs Raj Narayan case
'The govt has become the judge jury and executioner', he said.
-On lynching --Owaisi said, 'why all the other sections have religion clause mentioned but no religion is mentioned in Mob lynching it only talks about personal belief'
-Are the men not raped, are men not stalked, you are laughing this proves that you know who has faced such things.
-He went on to question government's motive behind removing adultery and criminalising homosexuality again.
After the completion of the Question Hour, the Upper House was adjourned till 2pm.
While stating that the provisions to deal with adultery are present in the new bill that replaces IPC, Dubey called Supreme Court's ruling on Section 377 wrong.
He said, 'No religion promotes adultery or unnatural sex'
The SC had decriminalised same-sex relations between consenting adults.
Dubey went to add that provisions to deal with adultery are still present in the new Bills.
In the absence of Opposition, LS again resumed discussion on the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, the Bharatiya Sakshya (Second) Bill, 2023, and the Bharatiya Nyaya (Second) Sanhita, 2023 that will respectively replace IPC, CrPC and Indian Evidence Act.
BJP MP Nishikant Dubey opened the debate for the ruling party. Questioning the Opposition MPs, Dubey asked, 'why they aren’t proud of their Indian identity and are hanging on to the British-era laws'
Prime Minister Narendra Modi has given his first statemnet on the allegations of Indians being involved in alleged plot to assassinate Khalistani separatist Gurpatwant Singh Pannun on US soil.
PM in an interview to Financial Express said, 'If someone gives us any information, we would definitely look into it. If a citizen of ours has done anything good or bad, we are ready to look into it. Our commitment is to the rule of law'.
Modi also expressed his concerns about the seperatists and said, 'These elements, under the guise of freedom of expression, have engaged in intimidation and incited violence'.
Modi assured that the incident would not affect Indo-US ties, saying he does not think it apt to link a few incidents with diplomatic ties, 'Security and counter-terrorism co-operation has been a key component of our partnership. I don’t think it is appropriate to link a few incidents with diplomatic relations between the two countries'.
'We need to accept the fact that we are living in the era of multilateralism. This reality compels us to recognise that absolute agreement on all matters cannot be a prerequisite for collabortaion'.
To mark their protest against the mimicry of VP Jagdeep Dhankhar, MPs of the ruling National Democratic Alliance (NDA) will not sit in the question hour and participate while standing to condemn TMC MP's behaviour.
Opposition's uproar continued as they chanted 'Home Minister' in the Upper House.
The Upper House saw a fourth adjournment for the day with Chairman Jagdeep Dhankhar taking objection to a video mocking him.
The video that was filmed within the Parliament shows TMC MP Kalyan Banerjee mimicking Dhankhar and Rahul Gandhi making a video.
The video was an “insult” to the Vice President of the country, farmers’ community and the sanctity of the Parliament, Mr. Dhankhar said today.
Opposition members, however, continued with their protest, demanding a statement from the Home Minister on the Lok Sabha security breach.
The House will reconvene at noon.
-If he has taken on his shoulder I am helpless
-I have no intention to hurt anyone
-I have great respect for Dhankhar and it is a type of art
-Mimicry was done by the PM in Lok Sabha itself in the last term in 2014-19
The Upper House was adjourned again for 15 minutes for the third time today as Chairperson Jagdeep Dhankhar asked the Leader of the Opposition in the House and the President of Congress to bring the House in order.
After remaining Opposition MPs question Om Birla and call him out for 'hurting democracy' by running the House in the absence of most of the Opposition, the Speaker issues a warning to 3 of the MPs for bringing placard and misbehaving and then adjourns the House till noon.
Within a minute of resumption at 11.15 am the House was again adjourned for the next 15 minutes.
Within a minute of resumption, Vice President Jagdeep Dhankhar adjourned the House after warning Ahmad Ashfaque Karim for misbehaviour.
House to meet at 11.15
In the absence of Opposition, Lok Sabha to see an untroubled discussion today. However, Rajya Sabha might see an uproar by the remaining INDIA Bloc MPs who were yesterday protesting against the 'undemocratic' suspensions.
Following bills to be discussed in the House in the later half of the day -
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