Kalyan Banerjee’s speech on The Public Examinations (Prevention of Unfair Means) Bill, 2024

The Public Examinations (Prevention of Unfair Means) Bill, 2024, has brought different stages and ‘unfair means’ has been categorised under clause 3 of the Bill. What I intend to say is that all these categories are already covered by the Indian Penal Code and Bharatiya Nyaya Sanhita, 2023 also which has been passed but has not been implemented yet. Up till today, whenever and wherever this sort of activity is performed, criminal proceedings vis-à-vis civil proceedings are initiated against the perpetrator. I have consistently been saying for last few years that in our country there is no deficiency of laws to cover these criminal activities, but the problem is the implementation. The law is passed in this Parliament with the Parliament’s wisdom. But ultimately, it has to be implemented by the implementing agency. That is the greatest failure in our country today. Still, I am saying this. I am not objecting to anything, but still I am saying that all the activities are already covered. Clause 15 of the Bill says, “The provisions of the Act shall be in addition to, and not in derogation of, any other law for the time being in force.” Therefore, existing laws are there. You are further categorizing it, making a sub-category, mini sub-category, but in a broader sense, it all exists. The question is whether the Central Government has taken steps in respect of this maladministration whenever malpractices happened and whenever such offences were committed. Sir, through you, I want to know this from the hon. Minister. For the last five or 10 years, in how many cases has this law been implemented by the Central Government, prosecution has been done, conviction has been made. These answers should be given. No one indulges in these types of activities, but the point remains that sometimes something is said which is very attractive. It goes well into the ears, but the question is, is it established? In our country today, unfortunately, we go by media trials. In any sensitive criminal case, media trial is there. Everybody is facing this, whether it is the Central Government whether it is a State Government, whether it is a Central Minister, whether it is a State Minister etc. They prove it before the case starts. Naturally, consequences have to follow. Public criticism is there like, ‘this man is bad, that man is bad, this Minister is bad, that Minister is bad’. But I do not believe in that until it is proved and established in the court of law. Our country is going in that direction. All the Ministers are here. I will request the hon. Minister that whenever a criminal case is there, court is seized of the matter, public trials should be stopped. Anyone is made not only accused, but he is made a criminal instantly. Let us take a case. A Minister’s name is involved. Nobody knows whether it has been done by him or not. Public trial is there. A Minister’s relative is involved. It is immediately taken in that way in the media trial that this gentleman is a relative of that Minister. Therefore, the media trial ruins his career. I will request the hon. Ministers to please think about this also. Ultimately justice is not done. Justice has to be done in their cases. It should be seen whether he has really indulged in such malpractices or whether he has done anything or whether anyone has really done the criminal activities or not. Sir, I was not here but I was told that someone has mentioned about the scam of West Bengal in appointment of teachers. I just tell you. Some allegations were there. All the cases will be seen in future. All the unsuccessful persons come. Unsuccessful persons come, lodge complaints against the successful persons. This is a scenario. After four years or five years, they are coming. In West Bengal also, some unsuccessful persons have come. One of the single Judges of the Kolkata High Court by a judgment terminated the services of 32,000 Primary Teachers and directed to start a fresh selection process. The matter went in appeal. The appeal court stayed the termination but directed to continue the selection process. The matter went to the Supreme Court. The Supreme Court set aside the entire order. This happened all because of the media trial. There was no evidence. Nothing has been established. If you speak about a story of ‘scam, scam, scam’, it has to be established in the court of law. In another case, the same learned Judge terminated the services of 15,000 teachers and employees. They went up to the Supreme Court. The Supreme Court has set that aside because the principles of law have not been followed. Follow the principles of law. I am not saying that if any malpractice is there, no steps should be taken. Steps should be taken. But it should be in accordance with law, not because of someone’s saying. There must be a concrete proof. Before you reach to the conclusion that malpractices have been done, there must be an established fact, concrete evidence. It should not be done because of saying of someone. Today there is social media. Anybody can lodge any complaint against anyone. Steps have been taken on that basis. It cannot be done in this way. Therefore, what I am suggesting is this. As far as Clause 3 is concerned, it is having two consequences. One is criminal consequences, another one is civil consequences. The moment it comes up that some malpractice has been done, 2500 students are there, 2500 students are scrapped. But all 2500 students have not done it. May be 100 people have done it or 150 people have done it. May be 200 people have done it. The problem in the country is this. Whichever is the investigating agency or the Inquiry Committee, without identifying those 150 or 200 persons, they are coming up with a report, etc., as if 2500 persons are involved in this. This is not justice. All students cannot be said to be dishonest. I am sorry, I do not agree to it. All persons cannot be said to be dishonest. Dishonest persons may be there; there may be one per cent or two per cent who are dishonest. Our young generation is brilliant. Our young generation is honest. Our young generation is sincere. Our young generation will develop our country. We believe and we are having a trust. But if there is one or there are two persons, segregate it, please. I do not find anywhere any such process, whether CBI comes, whether any investigating agency comes. I have a number of experiences. Whether it is in the Indian Railways or other places, only one report is coming. But segregation is not there. For someone committing a criminal activity, the rest should not suffer. The Central Government must look into that. Whoever is the agency, whoever is conducting it, please apply your mind. Look into the matter; segregate it. Please do not go on the basis of the media trial. A few Judges are there also nowadays in our country – in the evening they are watching TV shows and in the morning they are reading newspapers – who are deciding the matter on that basis without adhering to the established principles of law. Of course, the provisions are good. I would seek one clarification from the hon. Minister. Since you have said ‘in addition to’, if impositions of penalty are different, let us assume here it is one year, and in that it is three years, then what will happen to that? Which law would be followed? With these words, I extremely extend my thanks to the hon. Chairperson. Also, I have conveyed possibly whatever I had to say to the hon. Minister. I have just missed. Sorry for that. Please do not mind.

Jawhar Sircar’s speech on The Water (Prevention and Control of Pollution) Amendment Bill, 2024

Sir, thank you for giving me the opportunity to oppose the Bill. Sir, you have permitted me to have my say. I would submit to you, Sir, first and foremost as a citizen of India, see the devastation that environment laws have failed to control. You have air pollution, water pollution, environment sensitive zone, wildlife, Forest Act, etc. Each one remains a devastated pillar of failure. This one is just one more addition. We have seen Governments for the last seventy years-plus. But we have not seen such a determined Government, a Government so determined to use the legitimacy of law, of structure to destroy the heart and core of it. This one is just an act that brings in something to legitimise offences. You have mining, effluents, CO₂, etc. They are full of exemptions. There are 200-plus State and Central laws which have control but it was ultimately people and crusaders like M.C. Mehta who had to come before the Supreme Court to make them effective. The specific reason for objecting to this Bill is, as my hon. friend has mentioned, छुटकारा दो, exempt करो, भय खत्म करो – भय िकससेहै? The offender has to get scared in a State. A State cannot run, a Government cannot run on love and fresh air. Where there is a question of offending against human society, polluting the atmosphere, polluting water and destroying forests, the offender must have a sense of fear because he is offending against nature, against humanity. This Government cannot go on exempting offenders and granting them reprieves. This Bill is full of them. This Bill again goes in for centralization of powers. There is Section 21 in the mother Act which says that the State Government and the State Boards may take power. Here, there is an attempt to centralize everything by bringing all the powers to Section 25, Section 26 and Section 27. Section 25 is to stop effluents from spoiling the Ganga, the Yamuna and other water bodies. Section 26 is for those who have already got exemption like the Kanpur tanneries and others too go in for certain effluent discharge. All the sections are being diluted. There have been more exemptions under the environment sensitive zones than punishments. The mood of the Government is very clear. They have brought in a term called ‘Adjudicating Officer’. That could be a Central Officer or a State Officer. Incidentally, all the directions in a federal polity are to be consultative. But here there are absolute unilateral powers with the Central Government to determine whether a State Officer can be an Adjudicating Officer. आप कौन हैमुझेबताने वालेिक मेरी Îटेट मȂिकसको पावर दी जाए? This one is actually an anti-federal law. Clause 45C of the present Bill says that any act by an Adjudicating Officer, any decision by an Adjudicating Officer can be appealed against straight to the National Green Tribunal. Sir, between a town that has an effluent problem and the National Green Tribunal, there is a State. I have no objection if it goes to the NGT. The only question is of expenses. The poor man, who fights against industrialists, who is out there to destroy mining, to destroy those industries that discharge effluent and make the holy Yamuna look ugly, full of chemical foam..

Santanu Sen’s speech during the discussions on The Constitution (Scheduled Tribes) Order (Amendment) Bill, 2024 and The Constitution (Scheduled Castes and Scheduled Tribes) Orders (Amendment) Bill, 2024

Madam, while standing to speak on this Bill, it really gives me pain when I recall that the respected President of India who belongs to a tribal community is not invited during the inauguration of this New Parliament Building or during the Pran Prathishtha in Ayodhya. This reflects how this Government respect the tribal communities at large. I also recall about one BJP leader urinating on the face of a tribal person in Madhya Pradesh. This is very unfortunate. Sir, I once again thank you on behalf of my party and my leader Madam, Mamata Banerjee; I am here to speak on this Bill. This Amendment seeks to modify the list of Scheduled Castes and Scheduled Tribes in relation to Odisha. The modification of the list is a recommendation from the State to the Centre, scrutiny by the Tribal affairs or Social Justice and Empowerment Ministry and consent from the National Commissions for SCs and STs. I trust that the Commissions have scrutinised this proposal adequately and are convinced of its merit. In 2011, the Census said that 8.6 per cent of the country’s population was composed of the tribal people amounting to 10.4 crore people. I urge the Government to conduct the 2021 census at the earliest so that we can update our data and provide benefits to our most vulnerable citizens. Madam, these legislations being planned cannot be based on a ten year old population data frame. The Gross Enrolment Ratio (GER) of SC and ST students at the undergraduate level, standing at 23 per cent and 17.2 per cent respectively, is very unsatisfactory – both numbers being short of the national average of 26.3 per cent. The Central Educational Institutions (Reservations in Admission) Act, 2006 mandates 15 per cent, 7.5 per cent, 27 per cent quotas for SC, ST and OBC students. However, the acceptance rate of applications for SC, ST and OBCs in IIMs has been below four per cent for the past four years. IIM, Ahmedabad received 78 PhD applications from STs between 2018-19 and 2021-22, but only two have been accepted. IIM, Bangalore accepted only three out of 188 applications by SCs, STs and others. Only, 2.5 per cent or 137 ST students, out of 3430 eligible applicants, were admitted across all IITs last year. There are 23.51 per cent Scheduled Caste and 5.8 per cent Scheduled Tribe out of total population in my home State of West Bengal. The educational situation of ST communities also raises concerns. According to 2011 census reports, the SC’s and ST’s literacy rate in India was that for male, it was 75.2 per cent for SCs and 68.5 per cent for STs and, for female, it was 56.5 per cent for SCs and 49.4 per cent for STs. The West Bengal’s SCs and STs literacy rate for male was 84.54 per cent for SCs and 74.15 per cent for STs and for female, literacy rate was 64.9 per cent for SCs and 43.51 per cent for STs. Three Santali Medium Schools at Keshpur, Debra and Ghatal in West Medinipur have been set up. Coaching is provided for JEE, NEET exam through 36 centres across the State especially for the poor students belonging to the SC and ST community. We have put in place an SC/ST Pension Scheme, to take care of the vulnerable elderly in these communities. We have also established various lending programmes to help grow entrepreneurship in these communities. To ensure holistic and sustainable development of ‘Lodha Sabar’ Communities in Jungle Mahal areas, the ‘West Bengal Lodha Sabar Development Board’ has been formed. Bengal is the only State in India where under the leadership of Madam Mamata Banerjee, the hon. Chief Minister, the only lady Chief Minister of our country, a dedicated Scheduled Caste Advisory Council has been set up. That is our vision for the welfare of the Scheduled Castes which is sadly not being mirrored at the Union level. Our Constitution recognizes group identity and its importance for social empowerment of the marginalized. Via these provisions, the Constitution balances between history of injustice, faced by certain groups, and personal liberty. People must be given an assertion of their group identity. Treating every person as an individual would not be sufficient to gain equality and equity of personhood, as it will ignore their different lived realities and caste/tribe identity which require the protection of law. It is the duty of the State to ensure these protections reach people in the best way possible, in both letter and spirit. In our State of West Bengal, under the leadership of Madam Mamata Banerjee, there are two important schemes existing for these people. One is Jai Johar and the other is Taposili Bandhu. Cultural section of people has been tremendously improved by Madam Mamata Banerjee, the Chief Minister of West Bengal. I will take just 30 seconds. Tribal Board has been formed and especially, the eminent persons from this particular group are being encouraged by several in the West Bengal Government. Lastly, I will conclude by saying that there are few hill communities such as Bhujel, Gurung, Mangar, Newar, Jogi, Khas, Rai, Sunwar, Thami, Yakkha and Dhimal. These need to be included in the list which are already sent by our State Government long back. : My urge to the Government will be, kindly do the needful, so that these groups can also be included. Finally, I conclude by saying, if this Government really wants to do something good for the SC/ST community, keeping apart the ego, please come to our State of West Bengal, take a lesson from our Chief Minister, Madam Mamta Banerjee. Thank you very much.

Saugata Roy’s speech in during the discussion on The Jammu and Kashmir Local Bodies Laws (Amendment) Bill, 2024

महोदय, मैंजम्मू-कश्मीर पंचायती राज अवधवनयम, 1989, जम्मू- कश्मीर नगर पावलका अवधवनयम, 2000 और जम्मू-कश्मीर नगर वनगम अवधवनयम, 2000 का और संशोधन करनेिालेविधेयक पर बोलनेके वलए खड़ा हुआ ह ं। एक तो एनडीए की सरकार मेंलोकल बॉडीज़ मेंजो चनुाि होतेहैं, िह ठीक नहीं है। कल सप्रुीम कोटा नेकहा वक जैसेचंडीगि मेंचनुाि हुआ है, िह ‘शमा’‍की बात है। िहां अवधकारी को देखकर चनुाि मेंघोटाला वकया गया। आप लोगों को ‘शमा’‍आनी चावहए। माननीय जवस्टस चंद्रचूड़ जी नेऐसा बोला। महोदय, दूसरी बात यह हैवक जब भी मैंनेजम्मूऔर कश्मीर के वकसी मसलेपर इस हाउस मेंबोला है, तो मैंनेबार-बार बोला हैवक जम्मूऔर कश्मीर के लोगों को उनकी हालत पर छोड़ दो। िषा 2019 में अपनी मनमानी करके जम्मूऔर कश्मीर को एक अलग केन्द्रशावसत प्रदेश बना वदया, वफर लद्दाख को भी अलग केन्द्रशावसत प्रदेश बना वदया। आपकी जैसी इच्छा ह, ै वहन्दस्ुतान मेंयह पहली बार हैवक एक राज्य को केन्द्रशावसत प्रदेश बनाया गया है। इसके पहलेकेन्द्रशावसत प्रदेश को राज्य बनाया जाता था। आपनेयह जो वकया ह, ै गलत वकया है। इस सबके बारे मेंवबधूड़ी जी कुछ नहीं समझते हैं। महोदय, मैंबोलता रह ंगा। येवबधूड़ी जैसेलोग वडस्टबाकरगेंे, तो अच्छा नहीं होगा। महोदय, जैसा मैंनेकहा वक जम्मूऔर कश्मीर के लोगों को उनकी हालत पर छोड़ वदया जाए। मैंचाहता ह ं वक जम्मूऔर कश्मीर की असेंबली का चनुाि हो जाए। येहमारी मांग है। आप छोटा-मोटा कानून लातेहैं, इसको अंग्रेजी मेंवटंकररगं कहते हैं। मंत्री जी, आपको क्या हुआ? लगता हैवक आपको कोई समस्या है। आप क्यों वडस्टबाकर रहेह? महोदय, येवटंकररगं नहीं चलेगी। जम्मूऔर कश्मीर मेंप्रॉपर चनुाि कराया जाए। उसका स्टेटहुड िापस वदया जाए। उसकेबाद आप वजतनेकानून बनानेचाहते हैं, तो आपराज्य कोबोवलए, िेकरगेंे। सर, जो कानून लाए हैं, इसमेंदो-तीन चीजेंहैंवक पंचायत और पौर वनगम के अंदर बैकिडा क्लासेज के वलए ररज़िेशन लाया गया है। इसमेंकोई विरोध नहीं हो सकता है। आप इसको कीवजए, लेवकन मूलभूत सिाल को छोड़कर इन छोटे-मोटेसिालों पर मत फांवसए, वफर म्यवुनवसपेवलटी मेंओबीसी को संरक्षण वदया जाएगा। सर, तीसरी बात यह हैवक िहांपर कोई स्टेट इलेक्शन कमीशन का प्रािधान नहीं था। िहां चीफ इलेक्टोरल ऑवफसर हुआ करता था। अभी इस अमेंडमेंट सेएक स्टेट इलेक्शन कमीशन बन रहा है। िहां जो नीचेस्तर का चनुाि है, उससेपंचायत या पौर वनगम के चनुाि कराएगं े। उनको पािर क्या होगी, यह भी इस नए कानून मेंवदया गया हैवक राज्य मेंसब पंचायत और पौर वनगम का चनुाि स्टेट इलेक्शन कमीशन कराएगा। यह भी बताया गया हैवक पहलेस्टेट इलेक्टोरल ऑवफसर को लेवफ्टनेंट गिनार हटा सकतेथे, लेवकन अभी यह कानून बना हैवक हाई कोटाके जज को वजस ढंग सेहटाया जाता है, िैसेही स्टेट इलेक्शन कवमश्नर को हटाया जाएगा। इसमेंभी कोई आपवत्त की बात नहीं है। सभी स्टेट्स मेंतो स्टेट इलेक्शन कमीशन को यह पािर हैऔर उनको हटाना भी उतना ही मवुश्कल है। जैसा हाई कोटाके जज का इम्पीचमेंट होता ह, ैिैसेही उनको हटाया जाएगा। मैंआज कहना चाहता ह ं वक यहां अवमत शाह जी मौजूद नहीं है। िह कहां-कहां चलेजातेहैं, पता भी नहीं है। उनका नाम हैवक िह कानून लाएगं े– ‘Shri‍ Amit‍ Shah‍ to‍ move‍ that‍ the‍ Bill‍ further‍ to‍ amend…’‍अवमत शाह जी कहांह? ैं वनत्यानंद राय जी खड़ेहो जातेहै, अजय वमश्रा टेनी खड़ेहो जातेहैं। : सर, इसमेंक्या वलखा है? Which MoS are you talking about? There ‍are‍ two‍ MoS‍ sitting‍ side ‍by‍ side.‍ सर, अवमत शाह जी के साइड बाई साइड तीन अवसस्टैंट्स हैं। सर, मैंएक-दो बातेंकहकर अपनी बात समाप्त कर दूगं ा।

Saket Gokhale’s supplementary question during Question Hour on the reasons behind the promotion of unscientific homoeopathic treatments at AYUSH Wellness Centres

Sir, several AYUSH Wellness Centres have been opened by the Government across hospitals in India. These centres offer alternative treatment, including homoeopathy. There is a huge body of global documented and peer-reviewed work across decades, which shows that there are no results, showing that homoeopathy is an illegitimate form of medicinal treatment. In fact, it is quackery. Several countries have even banned homoeopathy. So, on what basis, is a quack and untested treatment, like homeopathy, being promoted in Ayush Wellness Centres in hospitals over modern science-based medicines across India?

Santanu Sen’s supplementary question during Question Hour on the development of infrastructure at AIIMS hospitals across the country

Thank you, respected Chair. Sir, it is really very good to learn, especially for publicity purposes. I am coming to the question, Sir. It is really very good to learn, especially for publicity purposes prior to the General Elections that many AIIMS are coming up, like the mushrooming of medical colleges. Through you, Sir, my supplementary question to the learned Minister is this. As a medical professional and as a member of the Parliamentary Standing Committee on Health, I am coming to the question, Sir. While on a visit to several AIIMS in different parts of the country, we found that the infrastructure in those AIIMS is far behind what it is supposed to be. There is an acute shortage of medical faculty, clinical and non-clinical staff. If you come to our State of West Bengal, there is an AIIMS which is suffering from acute crisis and shortage of staff. My question to the hon. Minister is this. Like the way Madam Mamata Banerjee, in our State of West Bengal, has, on the one hand, developed medical colleges, and is also coming up with several medical colleges and developing infrastructure.

Jawhar Sircar’s supplementary questions during Question Hour on grid problems regarding renewable energy and delayed payments for discoms

Sir, I had asked a question in relation to the variable characteristic of renewable energy. As you know, solar energy goes up in spikes and then falls down; as you know, wind energy also has its variations. Renewable energy per se has a strong variability factor which the Minister himself has mentioned. But the answer to my question is, ‘No’; there is no problem of grid stability. Would the Minister like to hold on to the statement which is contradicted by several issues mentioned in his own reply? The reply is unusually big and there it mentions that generators are going out of grid. Would the Minister like to clarify or will the Minister like to stand by such a categorical statement? Sir, I had asked specifically about renewable energy system based grid RES-GGS. I had asked specifically about the health of DISCOMs which are in a terrible state and everybody knows that DISCOMs are in a terrible state but the Minister has chosen not to reply to RES-GGS. On DISCOMs, he replies to me on GENCOs. Sir, my supplementary is this. What is his position on the new technology, RES stable renewable energy grids? And what is the health of DISCOMs which is going through a terrible phase? The DISCOMs are unable to honour their commitment because their bills are delayed. Instead of going in for DISCOMs, he has gone in for GENCOs.

Md Nadimul Haque’s Zero Hour mention in the Rajya Sabha on the Union government’s need to release funds under NFSA owed to Bengal

Madam, the Union Government has withheld the release of Rs. 7,000 crores to our State of West Bengal to procure paddy under the National Food Security Act. The State Government has successfully acquired 8.52 lakh tons of paddy for the central pool this fiscal year. The State aims to achieve 80 per cent of its annual procurement target during the ongoing kharif season, which extends until the end of February. So, timely release of funds is crucial. Otherwise, the entire procurement process may be affected. The halt of funds to West Bengal stems from the need for NFSA logos and the Prime Minister’s pictures to be put up across all ration shops in the State. Madam, it is ridiculous that the Union Government is willing to jeopardise an entire State’s food security over the delay in plastering the Prime Minister’s image which is a time-taking task. This is the Union’s rationale to withhold the funds. Madam, let me read out a quote from Prime Minister Modi in 2018, and I quote, “Federalism is no longer the faultline of Centre-State relations but the definition of a new partnership of Team India.” However, since the current Government has come into power, there has been a systematic deprivation of States, pushing people into distress in regions where they are incapable of winning elections democratically. Madam, the Union Government has blatantly carried out anti-federal policies and engaged in fiscal federal terrorism, denying West Bengal funds worth rupees one lakh crores under several schemes. Despite pleas from our Chief Minister, party leaders and beneficiaries, the Union has chosen to remain indifferent. This goes against the very spirit of the Constitution. This goes against the people of West Bengal. I challenge you to fight us democratically, fight us in elections, but do not make crores of people suffer for your political vendetta. I urge this Government to immediately reimburse Rs. 7,000 crores for procuring paddy under the National Food Security Act. Thank you, Madam.

Saugata Roy’s supplementary question during Question Hour in the Lok Sabha as to when investment as a percentage of GDP will rise to 39%, as it happened during FY12

Sir, the Minister has given a detailed reply. But the fact is that due to high level of debt of the Government, the investment has come down. It was as high as 38-39 per cent of GDP. It came down to 32 per cent of GDP in 2022-23. The reply states that the overall investment in economy was consolidated at 29.2 per cent in 2022-23 and has improved to 29.8 per cent. Obviously, the Minister has stated in his reply that this is due to pandemic, low revenue collection and NPAs in the banks which the Government is trying to set right. May I ask the hon. Minister as to when, as per the Government’s estimate, investment rate will go up to 39 per cent as it happened in 2011- 12? What are the further steps being taken by the Government in this regard? Investment is very low and all the tall talk of the Government has not resulted in investment going up.

Jawhar Sircar’s supplementary question during Question Hour in the Rajya Sabha on how much the Red Sea disturbances are affecting the West India Marker for LNG and crude petroleum

Sir, I would like to ask the hon. Minster as to how much the disturbances on the Red Sea route, the Houthi and the other attacks on the Red Sea route, are affecting the West India Marker of gas and crude petroleum, since he has raised the issue of 19 dollars per barrel, both of them.