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Business Standard
4 minutes ago
- Business
- Business Standard
No retrospective change in I-T Bill, only simplification: Baijayant Panda
The old law had become so complicated that even experts couldn't give the clear answer, says Panda premium Monika Yadav New Delhi Listen to This Article The new Income-Tax Bill does not override the intent of the Income Tax Act, 1961, but simplifies its language and structure, says Lok Sabha Member Baijayant Panda, who chaired the 31-member select committee to review its draft. In an interview with Monika Yadav, Panda says with the rising number of filings, resources need to be scaled up. Edited excerpts: Do you believe the Bill has been simplified enough to significantly reduce tax disputes and litigation? This is the first step towards simplification. The law has become complicated. It is 64 years old and has undergone more than 4,000 amendments, resulting
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Business Standard
34 minutes ago
- Politics
- Business Standard
Centre calls death penalty clause in Aparajita Bill 'excessively harsh'
West Bengal Governor C V Ananda Bose has sent the Aparajita Bill back to the state government for consideration of the serious objections raised by the Centre over the proposed changes to the Bharatiya Nyaya Sanhita that the legislation seeks, a highly placed source in the Raj Bhavan said. The Centre, in its observation, found that the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, passed in the assembly in September 2024, seeks changes in punishment for rape under multiple sections of the BNS that are "excessively harsh and disproportionate," the source said. The state government, however, maintained it has no intimation so far from the central government or the governor's office regarding their "observations" on certain provisions in the Bill. The Bill proposes enhancement of punishment for rape from the existing minimum of 10 years under the BNS to life imprisonment for the remainder of one's life or death. "The Ministry of Home Affairs (MHA) has flagged multiple provisions in the Bill as problematic. After taking note of the MHA observation, the Governor has referred those for appropriate consideration to the state government," the source told PTI. "The Centre has described the proposal of amendment to Section 64 of the BNS to increase the punishment for rape from a minimum of 10 years to life imprisonment for the remainder of the convict's life or the death penalty as excessively harsh and disproportionate," he said, referring to the MHA's observation. The other controversial change is the proposed deletion of Section 65, which currently provides stricter penalties for rape of girls aged under 16 and 12. "The removal of this classification undermines the principle of proportionality in sentencing and could reduce legal protections for the most vulnerable victims," he said. However, the clause drawing the sharpest criticism is the one under Section 66, which seeks to make the death penalty mandatory in rape cases where the victim either dies or is left in a persistent vegetative state. "The ministry has raised constitutional concerns, arguing that removing judicial discretion in sentencing violates established legal norms and Supreme Court rulings," the source said. The Bill was recently reserved by Governor Bose for the consideration of the President of India. "As of now, there is no communication from anyone with regard to the Aparajita Bill. We will consider taking suitable measures, as per requirements in the matter, if and when we receive such intimation," a senior bureaucrat of the state said. The West Bengal assembly had unanimously passed the Bill nearly a month after the alleged rape and murder of a postgraduate trainee doctor at Kolkata's RG Kar Medical College and Hospital on August 9, 2024. Lashing out at the Centre for not giving its sanction to the Bill, Trinamool Congress leader and spokesperson Kunal Ghosh on Friday evening said crimes against women in Bengal have declined compared to the levels during the former Left Front regime. "Crimes against women is comparatively lower to what reported in BJP-ruled states. Here, police take action within 24 hours and ensure that the culprits are punished," Ghosh said. "We want the Bill to be approved. If it is denied approval, it will show that while Mamata Banerjee is committed to punishing culprits, the BJP stands in contrast — they oppose capital punishment. In fact, individuals accused of rape sit beside them in Parliament," Ghosh alleged. "We got information that the Centre after sitting idle on the Bill for months has returned it to the governor. The governor has returned it to the state. We will find out if this is true," Ghosh said. He added that party supremo Banerjee would speak on this at the appropriate time. BJP MLA Agnimitra Paul questioned the necessity of a separate Bill for West Bengal, pointing out that the Bharatiya Nyay Sanhita (BNS) is already being implemented nationwide.
NDTV
2 hours ago
- Politics
- NDTV
Governor Returns Aparajita Bill To Bengal Government, Trinamool May Protest
Kolkata: West Bengal Governor CV Ananda Bose has sent back the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024 to the state government. As the Mamata Banerjee government faced public heat over the RG Hospital rape and murder case last year, the state had passed the an anti-rape bill in the assembly to enhance punishment, ensure speedy probe and rapid dispensation of justice for sexual assault cases. The bill was tabled by the chief minister less than a month after a junior doctor was allegedly raped and murdered inside the seminar hall of RG Kar College and Hospital, run by the West Bengal government. This bill was referred to the President by the governor but has now been returned to the state. The reasons cited are while the bill proposes increase in punishment for rape from a minimum 10 years to life imprisonment for the remainder of one's life or death, the proposed punishment is "disproportionate and excessively harsh." The other proposal of the bill deleting Section 65, which distinguishes between rape of women under 16 years and 12 years was also turned down. The objection stated was,"Removal of this classification violates the principle of proportionality, as the same punishment for different degrees of offence is legally inappropriate." The proposed bill also made the death penalty mandatory in cases where the victim dies or is left in a persistent vegetative state. However, that too was objected as mandatory death penalty violates the Supreme Court's precedent (especially Mithu vs Punjab, 1983), which ruled that judicial discretion in sentencing is essential. When questioned about women safety and security in the state since the RG Kar case and the recent Kasba Law College student rape incident, ministers and Trinamool Congress leaders said they would raise the Aparajita anti-rape bill. With the bill now being returned, Trinamool state general secretary Kunal Ghosh said this would be met with protests. "Why did the Centre return the Aparajita Bill to the state? Did they object, labeling the death penalty for rape and murder as an excessively cruel punishment?" he said. "Details are being sought. If this is true, there will be strong protests. Mamata Banerjee has the strictest stance on women's safety. On the other hand, the BJP's mentality has now become clear," Mr Ghosh said.
New Indian Express
2 hours ago
- Politics
- New Indian Express
President returns West Bengal's Aparajita Bill, flags harsh rape penalties
KOLKATA: In what appears to be a setback for the West Bengal Government, President Droupadi Murmu has recently sent the 'Aparajita Bill', passed in the West Bengal State Assembly last year, back to Raj Bhavan, Kolkata, after raising a few questions, sources said on Friday. Subsequently, West Bengal Governor CV Ananda Bose sent back the bill to the office of the Assembly Speaker. Governor of West Bengal Dr CV Ananda Bose had reserved 'The Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024' for the consideration of the Hon'ble President of India. The Government of India has since conveyed its observations on certain amendments proposed to the Bharatiya Nyaya Sanhita (BNS), 2023 through this Bill, highly placed sources in Raj Bhavan informed. 'One of the proposed amendments seeks to enhance the punishment for rape under Section 64 of the BNS, 2023, raising it from the existing minimum of 10 years to life imprisonment for the remainder of one's life or death. The Ministry of Home Affairs (MHA) has termed this change as excessively harsh and disproportionate,' sources said. Another proposed amendment seeks to delete Section 65 of the BNS, 2023. 'Thereby it is removing the distinction in punishment for rape of women under 16 and 12 years of age. The MHA has observed that the removal of such classification violates the principle of proportionality in sentencing,' sources revealed.
IOL News
3 hours ago
- Politics
- IOL News
Fierce backlash against proposed Road Accident Benefit Scheme Bill following RAF board dissolution
Various organisations have raised significant concerns regarding the proposed finalisation of the Road Accident Benefit Scheme (RABS) Bill, especially following a crucial move by the Minister of Transport, Ms. Barbara Creecy, who has dissolved the Board of Directors of the Road Accident Fund (RAF). Various organisations have raised significant concerns regarding the proposed finalisation of the Road Accident Benefit Scheme (RABS) Bill, especially following a crucial move by the Minister of Transport, Ms. Barbara Creecy, who has dissolved the Board of Directors of the Road Accident Fund (RAF). The Department of Transport's move to revive the long-rejected Road Accident Benefit Scheme (RABS) Bill has sparked concerns, following Minister Barbara Creecy's announcement that she has dissolved the Road Accident Fund (RAF) Board due to ongoing governance and operational failures. Creecy, who recently took over the transport portfolio, said the dissolution was necessary to stabilise the RAF and restore its ability to fulfil its mandate. She also confirmed the department's intention to finalise the Road Accident Benefits Scheme (RABS) Bill, a move that various organisations say is both undemocratic and dangerous. The department explained that the RABS Bill seeks to replace the current fault-based compensation model with a no-fault system, removing the need for costly legal processes. Civil society organisations, legal experts, and advocacy groups, many of whom have fought against the bill for years, have condemned its reintroduction. Among them is the Association for the Protection of Road Accident Victims (APRAV), which warned that pushing the bill forward again is a direct affront to democracy. 'Parliament has rejected RABS three times already,' said APRAV Deputy Chairperson and spokesperson Ngoako Mohlaloga. 'The continued attempt to revive it is either deliberate ignorance or a strategic attempt to bypass the will of the people.' APRAV Chairperson Pieter de Bruyn said the bill was rejected not only by lawmakers but also by road accident victims, legal professionals, disability rights groups, and medical experts. 'RABS would have stripped victims of their right to legal recourse, capped compensation, and imposed rigid limitations,' he said. 'It was unworkable and unjust, and its continued reappearance shows this is about pushing a political agenda, not real reform.' APRAV also pointed out that it led a two-year national consultation process that resulted in a credible and workable alternative to RABS, one that would fix the RAF without violating constitutional rights or collapsing the public purse. Legal expert Kirstie Haslam, a personal injury attorney and partner at DSC Attorneys, told Independent Media that the RABS Bill fails to tackle the real problems at the RAF, namely, poor management, inefficiency, and lack of accountability. 'RABS replaces a broken system with another flawed one,' Haslam said. 'It doesn't fix the root causes of RAF's dysfunction, and worse, it strips victims of access to justice by capping payouts and removing the right to claim for general damages.' She also added that the bill's attempt to limit legal oversight raises serious constitutional concerns and could face court challenges if passed in its current form. Haslam further highlighted troubling trends in the RAF's finances, which, although improved, have come at a cost. The RAF's 2023/2024 annual report shows the deficit has dropped from R8.43 billion to R1.59 billion, but partly due to reduced medical and loss-of-earnings payouts. Despite the tightening of spending, courts continue to issue significant awards. She revealed a series of recent payouts, such as in April, when a woman received over R4.6 million following the death of her husband in a motorcycle accident. That same month, another claimant, Seronica Nathram, was awarded nearly R3.9 million for injuries sustained in a crash. Another case involving the Road Accident Fund that commanded attention involved 16-year-old Ashwell Bernard Jones, where the Western Cape High Court awarded Jones just under R4,979,832 for future loss of earnings. He was only eight years old when he sustained a serious brain injury after being hit by a vehicle while riding his bicycle in Lavender Hill in 2017. The court ordered the RAF to cover all legal costs, including expert fees, travel expenses, and the possible appointment of a curator to manage the funds. The RAF was given 180 days to make payment, or interest will begin to accrue. While many groups remain opposed to the revival of RABS, the Congress of South African Trade Unions (COSATU) has backed the minister, calling the RAF a 'disaster site' with liabilities exceeding R400 billion. 'The RAF has become dysfunctional and has failed working-class South Africans for too long,' COSATU said in a statement. 'It's time for bold reform.' Responding to questions, the RAF Head of Corporate Communications, McIntosh Polela, said the RABS Bill is being revisited to address longstanding issues in the current RAF Act. 'The RABS Bill aims to reduce litigation, cut high administrative costs, and accelerate claim finalisation,' the fund said. 'It is part of a broader strategy led by the Department of Transport to ease the pressure on the courts and better serve road accident victims.' Saturday Star
