A Legal Revolution Ushering in a Progressive India

Prime Minister Narendra Modi›s philosophy of forging a unique national identity, free from the vestiges of British colonialism, is driving India›s trajectory toward becoming a prosperous and developed nation over the next quarter-century. By reinvigorating cultural heritage, promoting economic self-reliance, embracing cutting-edge technology, and nurturing global partnerships, India is poised to realise its vision. This […]

by Kartikeya Sharma - August 7, 2023, 10:18 am

Prime Minister Narendra Modi›s philosophy of forging a unique national identity, free from the vestiges of British colonialism, is driving India›s trajectory toward becoming a prosperous and developed nation over the next quarter-century. By reinvigorating cultural heritage, promoting economic self-reliance, embracing cutting-edge technology, and nurturing global partnerships, India is poised to realise its vision. This multifaceted commitment is not merely about economic advancement; it›s about crafting a distinct Indian identity that guides the nation toward a prominent role on the global stage, backed by a sense of self-assuredness and purpose.

Under the current Government, India is experiencing a profound change in its legal framework, with the enactment of the Jan Vishwas (Amendment of Provisions) Bill, 2023. This landmark legislation is rewriting the rules, revising archaic laws, and symbolises the culmination of a 75-year-long struggle to break free from the colonial legacy, propelling the nation towards a future of progress.

The new acts emerging from this transformation are replacing the old and regressive ones. We›re moving from a stance of punishment to one of rehabilitation, recognising the need for compassion and growth. Just as the Jan Vishwas Bill seeks to replace outdated provisions, numerous other acts are revitalising various sectors, aligning them with the demands of the present and the aspirations of the future.

Central to the Jan Vishwas Bill›s ethos is the aspiration to cultivate a business-friendly environment that fosters entrepreneurship and innovation. Rooted in the principles of trust and simplification, the recalibration of penalties, streamlining of redundant legal procedures, and emphasis on on-the-spot resolutions collectively reflect a vision of governance that is responsive and progressive.

A remarkable testament to collaboration and dedication is the Joint Parliamentary Committee (JPC), which meticulously scrutinised and reported on the Jan Vishwas Bill. This stands as a testimony to unity and a shared commitment to driving India towards a brighter and more prosperous future.

In a historic move, the Jan Vishwas Bill has breathed new life into India›s media and press laws, an area that had remained largely untouched for two centuries. This legislative milestone not only recognises the changing dynamics of information dissemination but also empowers the sector by enabling innovation, transparency, and accountability.

One of the most significant triumphs of this reformative wave is the overhaul of the Notary Act. Rooted in a colonial-era mistrust of citizens, this Act›s removal represents a profound step towards creating an empowered and trustworthy society. The Notary Act›s draconian provisions, which perpetuated a system of distrust, have been dismantled, allowing for a more progressive and harmonious relationship between citizens and the state.

The Jan Vishwas Bill has ushered in an era where the smallest of offenses are no longer meant to lead to incarceration, that unburdens our judicial system and ensures swift resolution of disputes. For instance, the previously punitive punishment of a six-month jail term for stray cattle grazing has been replaced by measures that aim to educate, reform, and reintegrate. This shift signifies the government›s commitment to a justice system that seeks to uplift rather than merely penalise.

With a career spanning seventeen years in the media industry, I have firsthand knowledge of the challenges and obstacles faced by media publishers, especially during the launch of newspapers and editions. My support to ‘The Press and Registration of Periodicals Bills’ is rooted in the belief that its provisions, such as the simplification of launch processes and elimination of outdated draconian clauses, will propel the media industry towards a more innovative, transparent, and responsible future.

One of the most significant accomplishments of this bill is the simplification of the process for starting newspapers. In the past, publishers had to go through a complex and confusing series of steps to get permission for their newspaper titles. They had to go to different government offices, wait for a long time, and deal with a lot of paperwork. But now, things have changed for the better.

With the new rules, aspiring newspaper publishers can skip the long and complicated process. Instead, they can easily apply for permission to use their chosen newspaper title online, right at the office of the Press Registrar. This big change makes it much easier for people who want to start their own newspapers. It shows our dedication to making it simpler to do business and uses technology to help media entrepreneurs.

While speaking on this in Parliament, I suggested to extend the ambit of the bill to include e-papers, considering their close association with the titles of the main papers which would further reflect the changing dynamics of information dissemination and media consumption.
As we embark on this journey toward an enhanced business ecosystem, we must be acutely aware of the delicate balance between regulatory reform and the protection of individual rights. The omission of certain offences under the Indian Post Office Act, 1898, has elicited valid concerns about privacy and security. We are entrusted with the responsibility of crafting legislation that empowers businesses while safeguarding the personal information and privacy of our citizens. Our commitment to striking this balance will be pivotal in ensuring that our laws are not just vehicles for business growth, but also guardians of individual rights.

The appointment of Adjudicating Officers to oversee penalties for environmental offences is an innovative stride towards more efficient governance. However, the question of their technical expertise and judicial competence in matters of ecological significance must not be overlooked. The preservation of our environment is an endeavour that transcends administrative efficiency; it is a moral imperative that requires a steadfast commitment to informed decision-making.

The introduction of the Environmental Protection Fund is a commendable step. However, the challenge lies in ensuring that this fund seamlessly integrates with existing mechanisms and optimises the allocation of resources for the protection of our environment. The synergy between this new fund and the work of Central and State Pollution Control Boards will be pivotal in maximising the impact of our efforts to safeguard our natural heritage.
The amendment of the High Denomination Bank Notes (Demonetization) Act, 1978, brings forth pertinent questions about the relevance of altering penalties for historical events in the present context. While we embrace progress and change, we must also critically evaluate the need to amend penalties for an act that transpired decades ago. Our legislative efforts should be guided by the principle of relevance and impact as we work towards a legal framework that aligns with our contemporary realities. In conclusion, Jan Vishwas Bill 2023 embodies our commitment to a dynamic and responsive legal framework. As representatives of the people, we stand at the crossroads of shaping a future that harmonises business growth with individual rights and societal welfare. It is our duty to meticulously examine every clause, consider every implication, and ensure that this legislation stands as a testament to our unwavering dedication to the progress and prosperity of our nation.