Santanu Sen’s Zero Hour mention on various scheme inspection teams being sent to Bengal continuously despite satisfactory responses,,the intention, therefore, being to harass

Sir, we all know that maintaining the basic essence of cooperative federalism is provided by the Constitution of India, though it is hardly maintained nowadays; several projects run in several States in which there is a certain Central share and there is a certain State share. But, unfortunately, in the name of investigation, we have seen that these investigating teams are serving the basic political interest of the ruling party of the Centre. Let me cite you certain examples. In the name of National Level Monitors and in the name of Central Team, I will cite you four examples. As far as this MGNREGA Project is concerned in our State of West Bengal, 16 Central teams led by the Government of India, that too above the rank of Joint Secretary, have visited. Then, 32 National Level Monitors, which constituted several NGOs and persons, of course, appointed by the Government of India, have visited. Action Taken Report submitted with respect to all observations of those Committees. Last Action Taken Report was submitted on 27th June, 2023; unfortunately, there is no response since then. 22 lakhs of people are getting deprived of their basic rights, which is amounting to nearly Rs.7,500 crores. Unfortunately, they are raising the question of corruption. This payment is being made by Direct Benefit Transfer mechanism through banks. So, where is the scope of corruption, Sir? So far as the complaint of fake job card is concerned, let me tell you, our State, West Bengal, ranks second. Sir, 99.68 per cent job card and Aadhar link has been done in our State of West Bengal; only Andhra Pradesh is having 99.7 per cent. Let me cite you some examples of double-engine Sarkar. In Gujarat, it is only 53 per cent; in Assam, it is only 57 per cent; in Maharashtra, it is only 43 per cent. But it is only Bengal which is being deprived time and again. So far as the Awas Yojana is concerned, let me tell you, 69 teams visited the State of West Bengal in the name of inspection of this Awas Yojana Project. Our Minister of West Bengal came to meet the Central Minister on 7th November, 2022. On 24th of November, an allotment of 11,36,000 households were given. In due course of time, within a month, all the documents were uploaded in the portal. Then several teams visited once again. There are several queries in the month of May, 2023. The Action Taken Report was submitted in June, 2023. Then, there was a silence of six months. Then, once again, on 5th of November, several questions were given, and that were answered on 20th.

Saugata Roy’s speech on The Jammu and Kashmir Reservation (Amendment) Bill, 2023 and The Jammu and Kashmir Reorganisation (Amendment) Bill, 2023

Sir, I rise to speak on the two Bills, the Jammu and Kashmir Reservation (Amendment) Bill, 2023 and the Jammu and Kashmir Reorganization (Amendment) Bill, 2023. Let me start by talking about the situation in Jammu and Kashmir since Mr. Amit Shah took over as Home Minister. One of the major steps taken by him was to abrogate Article 370, and then covert the State of Jammu and Kashmir into two Union Territories, one is Jammu and Kashmir and the other is Ladakh. It is for the first time in the history of Indian Constitution. Earlier, the Union Territories had been converted into States, and here Mr. Amit Shah’s was the retrograde step of converting a State into a Union Territory. Sir, before I speak on the Bill, let me ask him, through you, what he has achieved. What has he achieved by taking this retrograde step? The militancy has not been controlled. Only two weeks back, we lost a Major, a Company Commander at the hands of militants. Then, we lost two Captains of the Army in Kalakote. So, this is the peace which has been brought by Mr. Amit Shah. What is the change taking place in Jammu and Kashmir? Has investment come in a big way? Has employment been granted in a big way? No. All that is happening is some cultural and sports events are taking place in Kashmir, and we are showing them to the tourists that all is well. But not all is well in the State of Denmark, Hamlet used to say; all is not well in the State of Jammu and Kashmir. The Governor just goes for the cultural and sports events. He does not go to inaugurate factories. He does not do anything to improve the cultivation of saffron in the Valley. Many of my friends including Satabdi went to Kashmir recently. She said, Dada, speak about unemployment in Kashmir. The Kashmiri youth demands employment. Sir, let me, before I go into the Bill, go into the history of Jammu and Kashmir. A part of it is given in the Statement of Objects and Reasons of the second Bill. In 1947-48, the first aggression took place. Pakistan occupied a part of Kashmir which is known as PoK, Pak-occupied Kashmir. Then, during 1965 war and again during 1971 war, parts of Kashmir were troubled. The hon. Minister has given the total number of families as 41,804 which were displaced during the three wars. That process has not been reversed. What has happened in Kashmir is that maybe due to misgovernance and many acts of commission and omission by the Centre, Kashmir went into the hands of militants from 1989- 90. People were killed and Pakistan-inspired militants ruled in the Valley. We have gone through that time and that was the time when a large number of Hindu migrants went away from Kashmir Valley. The sufferings of these people have not ended. The total number of such families is 46,570 which left during militancy. The total number is 1,58,976 who have registered themselves as displaced persons. The Government promised much. Have they been able to bring those Hindu migrants, the pandits, who left the Valley? No, they have not been able to do that. Sir, through you, I ask the hon. Home Minister what the roadmap is. Nothing can be done in Kashmir unless you hold election. Last election was held in 2014. For almost ten years, there has been no election. How can you rule a State without giving power to the people to elect? One person Mr. Manoj Sinha was in Parliament with us. He has gone there as Governor. What is his connection with Jammu and Kashmir? Jammu and Kashmir should be ruled by the people of Jammu and Kashmir. I have read all the Directions. Sir, he is a disturbing element.He is a professional heckler. I do not want to listen to him. Ms. Mahua Moitra is also not in the House. Sir, my demand is that he should announce a timeframe for holding elections in Jammu and Kashmir. Now, they have promised that there will be reservation and the reservation will be changed to OBCs. Now, it is mentioned as ‘weak and under-privileged classes’ and they want to change that to ‘Other Backward Classes’, that is OBCs. Now, there is no State, no Assembly. This is a State law and you are making the changes here. You are making a big change there for the first time. From migrant families, they are nominating not more than two members, one of whom shall be a woman from the community of Kashmiri migrants, people who belong to Kashmir and who have left. This was recommended by the Delimitation Commission. Also, one member is being nominated from the displaced persons from Pakistan Occupied Kashmir. There is no Legislative Assembly. Why are you making these changes? Have a Legislative Assembly, then bring these amendments. I do not know what is the hurry. The hurry should be in having elections. I want to state that the step of the BJP Government to abrogate Article 370, abolish the State of Jammu and Kashmir into a Union Territory and a Union Territory for Ladakh – I have told you – is a retrograde step. They did it just to fulfil the BJP’s election promise: “एक प्रधान, एक मवधान, एक मनशान” – यह श्यािा प्रसाद बाबूके सिय स्लोगन होता था, उसी को पूरा मकया है। यह कश्िीर के लोगों के मलए नहीं है। Kashmir has been a conflict point. It is India’s position that Kashmir is an integral part of India. It is also India’s position that the territory of Pak Occupied Kashmir should be brought back to us. Does the Home Minister have any time frame as to when he is going to get Pak Occupied Kashmir into India? No. Everything is in the air. He is bringing two laws. Kashmir is called the paradise on Earth. It is the most beautiful valley anywhere in the world. Will Kashmir remain only a tourist place? Will we have a tourist territory of Jammu and Kashmir or will it be for the people of Jammu and Kashmir to have a proper Legislative Assembly? Sir, this is a matter of opinion. This opinion is voiced by those who go to Kashmir as tourists saying, “Oh! Dal Lake; Shikaras are so nice; the cherries are blossoming; and the apples are there on the trees. What about the people of Jammu and Kashmir who live in Baramulla, Anantnag, Kokernag and in various other places of Kashmir? What is their condition? Kashmir is not for tourists. Kashmir is for the people of Jammu and Kashmir. Give it back to them. आज िैंआशा करताह ां मक िाननीय िांत्री जी अनाउांस करगेंेमक कब जम्िू कश्िीर िेंचनुावहोंगे? … (व्यवधान) र्ीमलमिटेशन किीशन नेअपना काि पूरा मकयाहै। आज आप कानून पास कराएगां ेमक कश्िीरी िाइग्रेंट्स िेंसेदो लोग आएगां ेऔर मर्सप्लेस्र् लोगों िेंसेदो लोग आएगां े। यह ठीक है, लेमकन आप बोमलए मक हि जल्द ही जम्िूकश्िीर िेंलमजस्लेमटव असेंबली बनानेजा रहेहैं। हिनेजो मकया था, उससेहिनेसोचा था मक कुछ बनेगा, लेमकन कुछ बना नहीं। हि कश्िीर िेंशाांमत लानेिेंनाकाियाब रहे। Sir, in this discussion, I do not want to oppose these Amendments because there is nothing wrong in having two nominated Members from Kashmiri migrants. But everything is wrong in the Government’s handling of Jammu & Kashmir, particularly Mr. Amit Shah’s handling of Jammu & Kashmir. He took it in his hands मक िैंकरूूँगा, जो श्यािा प्रसाद बाबूचाहतेथे, िैंधारा370 को ऐब्रोगेट कर दूगूँा। िैंकश्िीर को, एक स्टेट को यूमनयन टेररटरी बना दूगूँा और वह जगह मपछड़ा रह जाएगा। आज यहाूँबैठकर कश्िीर के लोग बहुत सर्र मकए हैं। हिारी दो जांग हुई थीं, वर्ा1965 िेंऔर वर्ा 1971 िें। वर्ा1947 िेंपामकस्तानी हनादार, They are called invaders. They captured part of Kashmir and againthe militants took control of the valley and because of that people had to leave. We must restore normalcy in Jammu and Kashmir. We want to see elections take place there. We want to see a nationalist person like Mr. Farooq Abdullah again occupy the Chief Minister’s Chair and only then will Kashmiris realise their Kashmiriyat. Kashmir is very special. उनकी एक अलग कश्िीररयत है। वहाूँकोई महन्दू-िसु लिान का झगड़ा नहीं है।… (व्यवधान) यह आपवहाूँपर ित लगाइए। कश्िीर, कश्िीरी को कश्िीररयों सेचलाया जाए, मदल्ली से नहीं और मदल्ली सेभेजेगए गवनार सेनहीं। िैंयही बात इन दो कानूनों केबारेिेंबोलना चाहता ह ।ूँ अमित शाह आज िान लेंमक उनकी जो कोमशश थी, कश्िीर िेंनया कुछ मदखानेकी, जब-जब र्ूल मखले, र्ूल मखलानेकी, वह नाकाियाब रही है। कश्िीर मर्र लोकतांत्र के रास्तेपर चले, यह िागूँ करके िैंअपना छोटा सा भार्ण सिाप्त करता ह ।ूँजय महन्द।

Sudip Bandyopadhyay’s question during Question Hour in the Lok Sabha on delay in the clearing of funds due to Bengal on account of MGNREGA

महोदय, मेरा प्रश्न 23 सेसंबंतधत सवाल है।महोदय, तगररराज तसहं जी को देखकर मझु े प्रश्न पूछनेका मन करता ह।ै मैंआपसेबार-बार बोलता ह ं। हम लोग आपसेतमलेथ।े आप लोगों नेजवाब तदया था तक मंत्री जी को भतेजए, मंत्री जी सेबात कररए। हम लोग आपसे तमलनेके तलए आए थ, े लेतकन आप नहीं थे। हम राज्य मंत्री जी के घर पर गए थे। हमने वहां ढाई घंटेइंतजार तकया था।महोदय, मेरा प्रश्न हैतक चाहे100 तदन कामगार या आवास योजना हो, इसके तलए आप लोग करप्शन की बात उठातेहैं। पतिम बंगाल एक बड़ा राज्य ह।ैवहां38,000 गांव ह।ैंतजस गांव मेऐसी तस्थतत है, वहांका पेमेंट रोक दीतजए। आपपूरेराज्य का पसै ा क्यों रोक देतेह? ैं दो साल सेफं ड नहीं तमला ह।ै यह बहुत ही दख ु की बात ह।ैतगररराज जी, मैंआपसेसन ु ना चाहता ह ं।

Samirul Islam’s Zero Hour mention on delays in the disbursement of funds due to Bengal on account of MGNREGA

Respected Chairman, Sir, the MGNREGA is not just a scheme of the Union Government. It was an Act established in 2005. The primary focus of this Act is improvement of rural livelihoods. Over the last 20 years, the scheme has become the lifeline for marginalised people in India, with crores of citizens depending on it as this is their right. The programme contributes to rural infrastructure and assets, indirectly addressing the basic demands and employment needs of a large section of people in rural India. However, my concern today is MGNREGA and the neglect faced by the poor people of West Bengal. The Budget allocation for MGNREGA has been reduced to Rs. 60,000 crore in the current fiscal year, 2023-24. West Bengal stands out as the only instance where the Union Ministry for Rural Development has completely withheld its allocation since 2021. The total due towards wages for lakhs of job-card holders alone is around Rs. 3,500 crore, with a total pending due worth Rs. 7,000 crore. These figures highlight the situation where the Union Government has not sanctioned even a penny for the poor people of West Bengal under the scheme named after the Father of the Nation in the current fiscal year. Consequently, over 20 lakh people, dependent on the rural scheme, also known as the 100-day-work scheme, are struggling to access their right to income. Their plight sends an adverse message to society and is breaking the backbone of the rural economy in Bengal. This matter should be a subject of debate in this House, questioning who has the authority to deprive the poor people of Eastern State of Bengal. Sir, I want to remind you that West Bengal is the State that stood first multiple times in implementation of MGNREGA. Sir, another significant point is that under MGNREGA, the Government should pay wages to labourers within fifteen days after the completion of works.Ironically, labourers from Bengal have not received their dues even after two years. This raises concerns about the adherence to the rules and the impact on the lives of those who are dependent on this vital scheme. Thank you, Sir.

Jawhar Sircar’s supplementary question during Question Hour in the Rajya Sabha on comparing India’s bank loan write-offs to the international standard, as published by the IMF

Sir, this question has been replied to in terms of receding amount of bank write-offs. Fair enough. The question that I wanted to ask is: Are we making international comparisons, because the IMF data released every six months show that the average bad loan write-off – GNPA to total loan – is around 1 per cent to 1.5 per cent. India went up to 11 per cent! It is humongous. Forget history. My supplementary is this. Is the Government making comparisons with international norms to understand how good or how bad we are? Sir, my question has not been answered. Sir, I have said, GNPA, Gross NPA to total loss is a percentage that is internationally accepted. Year by year comparisons are given out and it is 1 to 1.2 per cent on an international average. India has not come anywhere across it in the last eight years. Would the Minister who has read so much, who has been kind enough to intervene, give us a year by year comparison of the IMF standard or the IMF-accepted international standard of Gross NPA to total loss versus India’s? In writing, Sir.

Derek O’Brien’s speech during the Short Duration Discussion on the Economic Situation in the Country in the Rajya Sabha

Sir, I thank you very much for allowing this discussion on an important subject to be taken up. Sir, the Short Duration Discussion is a time where as Opposition MPs, we get a chance to express ourselves. We thank you not only for taking up this discussion — there is a tradition to take only one Short Duration Discussion every week — but also for extending the time to 4 hours from 2 ½ hours, which is the normal time allotted for Short Duration Discussion. We appreciate that. With the Short Duration Discussion on an issue which is primarily put up by the Members of the Opposition, and, of course, of the Treasury Benches, it will go a long way in having the House running. Sir, you want the House to run 100 per cent without any disruption. On behalf of my Party, Trinamool Congress, let me say — I am sure, many of my colleagues from other parties on this side share the view — that not 100 per cent, till 22nd December, 2023, we will make it sure to run 102 per cent. Give us one Short Duration Discussion next week where I am told over 100 Members of Parliament from 12 – 13 different political parties want to have a discussion on the steps to be taken to strengthen cooperative federalism. We want to discuss this in a meaningful way. Sir, elections come and go. Some win, some lose but the real winner after every election — besides, of course the parliamentary democracy — are the people. Now, I come to the subject of today’s discussion, ‘Economic Situation in the country’. The question is, how is the economy looking. I think, it depends from whose eyes are you looking through? If you are looking at the economy from the point of view of someone who is into the stock market, you should be very happy. Today morning, the Sensex was around 69,000 points; so, you should be happy. If you are looking at the economy through the eyes of the billionaires, you also should be very happy. We have nothing against the billionaires. May their tribe increase! From 142 billionaires in India some three years ago, this number has reached 169. It is good. If you are looking at the economy through the eyes of the richest one per cent of India, you should also be happy because the richest one per cent controls some 40 per cent of the total wealth. And, the Finance Minister is here. Thank you, Madam, for being here because whenever we try and have some meeting of Minister with our State Government, the Minister of State is sent to meet us. And, I really appreciate that the Minister herself is here. So, if you are looking at it through the eyes of the Finance Minister, you should also not have a bad Tuesday afternoon thinking that the GDP is projected to grow at or had grown at 7.6 per cent in the second quarter. But if you look at the economy through the eyes of any family anywhere in the country, what will those eyes, looking at the economy, tell you? Those eyes will tell you that from 2014 to 2023, the price of rice has gone up by 56 per cent, the price of wheat has gone up by 59 per cent, the price of milk has gone by 61 per cent, the price of tomatoes has gone up by 115 per cent and the price of toor dal has gone up by 120 per cent. The gas price has now come down. It came down before the elections. And there is a saying in Bangla — You must have picked up some Bengali. *”People are getting free rice, but the expenses of cooking it are very high.” In other words, the Prime Minister is giving you the gas at a thousand rupees. The rice is free, but the gas is at one thousand rupees. Sir, if you look at this economy, and this is somebody I actually met, her name is Nupur Haati. She is from Hooghly district. Nupur Haati clutches on to her laminated job card because she has not received her MNREGA wages. Or look at the economy through the eyes of 21 lakh workers who, like Nupur Haati, have worked but have not received the wages. It has been two years, even though she was guaranteed 15 days, she has not received these wages, adding up to some Rs. 15,000 crore. That is only one State. If you take all the States, the number will be more. Or if you look at this economy through the eyes of any young man or young woman, he or she will tell you about 25 per cent of youth unemployment. So, through you, Sir, I ask this Government: Has this wealth, which has been created, been passed on equitably? Has it been passed on equally? And that is the point today of what we are discussing. Yes, you have your moments. Give us all the numbers, but has it gone to the bottom of the pyramid? And that is the single point today of what I am trying to say. And, Madam Finance Minister, rural inflation is higher than urban inflation for the first time in six years. This is not election rhetoric. These are hard numbers. Household savings are depleting. These are at a 50 year low in 2022-23. On farmers’ welfare, we have to ask ourselves: Why are 150 farmers committing suicide every day? Yes, let the stock market go up; let the billionaires go up. But spare a thought, or more than a thought for the marginalised, for the vulnerable. India has the world’s highest number of poor people at 23 crores. This is what this debate on the economy should be about. The bottom 50 per cent of our population possesses only 3 per cent of the wealth. And on a Tuesday afternoon, in this plush-looking glitzy building, we must remind ourselves why three out of four Indians cannot afford a healthy balanced diet. Or worse still why two out of three children in India under the age of five die of hunger? Sir, this is not the time to talk about what happened 70 years ago and what happened 60 years ago. That is why without doing any politics, we are presenting some numbers and we want the Government to address these issues and find solutions to these issues. Many promises have been made. I am not going there today on the promises and the delivery. I want to stick very, very clearly with the economy. Sir, the point which I make on this. Thank you, Sir. They told me 12 minutes. I don’t know. Twelve. Sir, while on the subject, nothing to do with this. You know it is difficult for us to see the time because the timers are behind us. I request you to. Thank you, Sir. Sir, then, let me conclude. We have to look at the priorities of this Government. I started off my story with elections. Who wins? Yes, BJP, you win elections. It is another matter when you fight us, you don’t win elections, we win elections. So let’s compare equals. You win. We win. You have an outlook on the economy. Mamata Banerjee’s Trinamool Congress has an outlook on the economy. What is the difference in the outlook? I want to add just three points. Indian economy is expected to grow at 7 per cent in the current financial year. Bengal is growing at 8.4 per cent in the current financial year. I want to leave these numbers here. Because when we are doing this growth in Bengal, it is not a divisive growth; it is an inclusive growth. Everybody is taken along. Sir, let me just finish it; then, you can share it. I am just in the middle of a thought. Let me confirm, Sir, that is the only reason all this happened. I only want to add three points. I gave you the growth number. I want you to take one other number of one social sector view, the Trinamool view, because they win and we win, and the BJP wins. I will give you one more economic number and then I will give you the number on social sector. On the All India Index of Industrial production, the national average in 22-23 is five per cent and Bengal’s growth on this has been eight per cent. This is the economy. I will end with one more example. As I said, it is just one example on the outlook. You have your Beti Bachao Programme. In the outreach for that programme, about 80 per cent of your budget for the programme is for publicity and advertising. My question is: Will this Government in the answer tell us how many women’s lives were actually touched by this programme? In Bengal, which the United Nations acknowledged, we have a programme called Kanyashree. And, if you ask me how many lives were touched, I will give you an exact number. Seventy-eight lakh women benefited. Sir, I will conclude by saying that yes; you win and we win; you have a view on the economy. We have a different view on the economy and there is another very, very big difference between who you are and who we are because we also believe that no one can worship God either in a mosque or in a church or in a big temple or love his neighbour on an empty stomach. Thank you, Sir.

 

Aparupa Poddar’s speech on The Advocates (Amendment) Bill, 2023

Thank you Sir for giving me an opportunity to speak on this Bill. This Bill has been listed for business so many times, yet it never came up for discussion. इि िरकार मेंसिफट तारीख पर तारीख आती गई, लेसकन कोईबात नहीं, देर आए दरुुस्त आए। The Government has brought this Bill with a very noble objective, but it is a decade late. The 249th Law Commission Report that made the recommendation of repealing the Legal Practitioners Act, 1879 was laid in October, 2014. Hence, it took this Government 10 years to adopt these recommendations. This Bill should have been brought much earlier. Even when the Government has adopted the recommendations, they have done it in a half-hearted manner. Though the learned Advocate and my senior Member, Kalyan da has already spoken from my Party, I would like to make some suggestions. Firstly, the Government should have at least come out with some sort of awareness campaign about the practice of tout and it being illegal. Unfortunately, a common man who has a legal case to fight may not be able to identify a tout altogether and end-up paying hefty fees to him. क्योंसक उिको यह लगता हैसक अगर इिके पाि जाएगं ेतो र्ायद मझुेजल्द िेजल्द इंिाफ समल जाएगा। इि चीज पर एक क्लेररर्ी होनी चासहए। Secondly, the Government usually advocates to go digital. यह गवनटमेंर् हमेर्ा कहती है– सडसजर्ल इंसडया, िब कुछ सडसजर्ल है। But what happened in this scenario? Why could the Government not make a single database where all courts could upload their tout lists? कोर््टि मेंर्ाउर् सलस्र् को अपलोड कर देना चासहए था। This would have helped to mitigate this practice at a larger level and would limit this practice at scale. Thirdly, I beg this Government to make the judicial system more accessible and more inclusive. I am sure that the entire House would like to see a more robust and equitable justice system. The legal fees taken throughout the country is unregulated. On the one hand, there are a few lawyers who charge a very high amount of fees up to Rs. 50 lakh for a hearing whereas, on the other hand, the Members of the Legal Aid Cell are paid a marginal fees. In fact, the per capita spending by the Government on legal aid is one of the lowest in the world at just 75 paise. This is extremely concerning, and I would urge the Government to make the system more equitable for all of us. As policy-makers, it is our responsibility to ensure that all the ‘wheels of justice’ turn smoothly and fairly. Thank you, Sir

Sukhendu Sekhar Ray’s speech on The Post Office Bill, 2023

सर, मुझेलगता हैिक आज �ेज़री बेंचेज़ का माहौल ऐसा हैिक शायद वेमन मेंयह पुराना गीत गुनगुना रहेहैंिक – “कोई तूफानों सेकह देिमल गया सािहल मुझे, िदल की ऐ धड़कन ठहर जा िमल गयी मंिजल मुझे” मैंउन लोगों को बधाई देता हूँ, कां�ेस पाट� को भी बधाई देता हूँ। जो भी सफलता िजनको िमली है, लोकतं� मेंऐसा ही होता है। सर, आज के िदन एक ऐसा िबल लाया गया है, िजसके िलए मेरेमन मेंबहुत अफसोस है। मैंवह अफसोस जताना चाहता हूँ। मैंिसफर् दो क्लॉजेज़ को रेफर क�ँगा। Clause 9, sub-clause (1), शि�िंसह जी नेकहा, the Central Government may, by notification, empower any officer to cause any item in course of transmission by the Post Office to be intercepted, opened or detained in the interest of the security of the State, friendly relations with foreign states, public order, emergency, or public safety or upon the occurrence of any contravention of any of the provisions of this Act or any other law for the time being in force. Now, before I come back to this, if we look at Clause 16, sub-clause (1), it says that the Indian Post Office Act, 1898 is hereby repealed. तो पुराना ऐक्ट repeal हो गया, लेिकन क्लॉज़ 16 के सबक्लॉज़ (2) मेंिफर बताया जा रहा है, “Notwithstanding the repeal of the Act by sub-section (1), all rules, notifications and orders, made or purported to have been made under the Indian Post Office Act, 1898, shall, in so far as they relate to matters for which provision is made in this Act and are not inconsistent therewith, be deemed to have been made under this Act and shall continue…”. So, on the one hand, it is repealed, on the other hand, the other provisions, which are not inconsistent with this Act, shall continue. तो हाँभी है, न भी है। Sir, I am coming back to Clause 9, sub-clause (1). This Clause, according to me, fails to specify the procedures to be followed for interception by the authorized postal officer. What is the procedure which shall be followed by the postal officer while intercepting? About national security, every citizen of this country is concerned and we are also concerned. Had there been any provision, based on the information received from Central agencies, which are dealing with the national security point, then also, we could have agreed to this provision. But, on the basis of even suspicion, can the authorized officer intercept, open, destroy or do anything which he wants to do? This is arbitrary. In a plethora of cases, the Supreme Court has held that arbitrariness in executive action is anti-thesis to the rule of law. This Government has not even shown any respect to the hundreds of case laws which have established this point. The ground specified for interception is absolutely vague that anything and everything can be brought under this provision. Take, for example, the expression ’emergency’. One of the expressions is ’emergency’ other than the national security. But the expression ’emergency’ has not been defined in the Definition Clause, that is, Clause 2 of this Bill. So, what is ’emergency’? Nobody knows. This provision has given unbridled powers to the authorities concerned. I remember one of the Supreme Court verdicts, which was given in 1996 in the case of interception of telecommunications. That was a 1996 case. There, the Supreme Court held that a just and fair procedure to regulate the power of interception must exist; otherwise, it is not possible to safeguard the rights of citizens under Article 19(1)(a) as a part of Freedom of Speech and Expression and Article 21, the Right to Privacy as a part of the Right to Life and Liberty. It was reiterated in the People’s Union for Civil Liberties vs. The Union of India in 2004. In this context, I would like to refer to another Act passed in this year, The Jan Viswas (Amendment of Provisions) Act, 2023 which removed all offences and penalties from many Acts including the Indian Post Office Act, 1898 in the name of Ease of Doing Business and Ease of Living. Virtually, in my opinion, the Act has turned to be the Jan aviswas Act in as much as it has ensured a free for all situations for the wrong-doers in detriment to public interest. In this Bill also, Clause 10, Sub-Clause (2) provides and I quote,” No officer of the Post Office shall incur any liability with regard to a service provided by the Post Office, unless the Officer acted fraudulently or wilfully caused loss, delay or mis-delivery of service.” However, what the consequences would be if any Postal Officer fraudulently act or wilfully cause loss to service, there is no such provision. Sir, kindly, one minute. In the parent Act of 1898, there was provision for imprisonment up to 2 years, a fine or both. That has been removed. This Bill does not whisper about the private courier services and they have been excluded from the purview of the Bill. This undermines the equality before the law. This is too much of laissez faire. Sir, finally, I submit that this Bill, if passed, shall create another avenue in transforming our democracy into a surveillance state after the Pegasusgate and that is why, I oppose this Bill in its entirety, on behalf of my party, All India Trinamool Congress. Thank you, Sir.

Mausam Noor’s Supplementary Questions on remedial measures taken against arsenic in groundwater in the Ganga-Brahmaputra Delta system and financial allocations thereof during Question Hour in the Rajya Sabha

Mr. Chairman, Sir, the source of arsenic in groundwater has been traced to the drainage pattern of GangaBrahmaputra delta and since water quality in inter-State rivers are under Central Pollution Control Board, my question is this. What concrete steps have been taken to solve this problem? Sir, I would request the hon. Minister to give a specific answer on what is the total financial investment made by the Ministry in establishing community water purification as part of the arsenic mitigation efforts.

Kalyan Banerjee’s speech on The Advocates (Amendment) Bill, 2023

Sir, I want to draw the attention of hon. Law Minister, through you. The first question is, whether every category of touts in the field of law has been brought within the ambit of this Bill? Is it correct? Touts are everywhere, from the lower judiciary up to the Supreme Court. But through these types of Bills, practically you are identifying few persons who are in the subordinate courts or the district courts. Where is the real intention to identify the touts? I understand, and what Mr. Raja has just said, that this Bill is a replacement of the old provision of the Legal Practitioners Act. Nothing more than that. You are taking provisions from that colonial Bill. I have no difficulties, but when you are making an attempt to bring this Bill, what do you think? There are a number of touts. Sir, I will tell you one thing. It is very easy to identify touts among the poor. How many touts are there in the judiciary who are extremely sophisticated? Can you identify them? I understand the process you have started and I appreciate it, but the reality is that touts are everywhere. Sophisticated tout is there. Tout is there going to five star hotels, tout is there going to seven star hotels, tout is taking you to different places of the country. They are coming from very big universities. They are having Mercedes. You cannot identify those touts. That is exactly what I am telling. You are not bringing all types of touts. Today when the discussion is there, let the discussion go on; I know it will not be done now. Think in future about this. Let me explain myself. What we know about this? We have laws. What are the laws? There is a statute law. There is a case law. These laws, statute law and case law, are known to everyone which are applicable in a court. All we proceed. There is another law which is called ‘face law’. Face law is important for having an order from the higher judiciary, highest judiciary. That is the practical thing. For the face law, litigants have to spend lakhs and lakhs of rupees. You have to invest Rs.20 lakh. You have to engage a lawyer for Rs.20 lakh; you will get the order. Touts are everywhere. Who are the touts? That is the whole difficulty. Identification of a tout is necessary. It is very easy to identify a poor man. A lawyer is a tout. Bring a system, introduce a system to identify a real tout in the Judiciary, in the judicial system itself. What has been said is correct. It is every day experience. Today, our Judiciary has become too much expensive. Unless you engage a very big face in the Supreme Court, you cannot have an order. Good money, good law, good justice: this is the practical thing in the country. That is going on. You identify them. I would request you to think where the real tout is. There is one grade of lawyers amongst whom some pose themselves that they can bring the judgement, they can bring the order from the highest court, they can bring the order from that Judge. Sitting in a five-star hotel, everything is settled. He is the main tout. Where is the procedure? How you are identifying him? Since you have brought the Bill, I have got the chance to speak. I was thinking for decades together what is going on. I am a man of practical field. I am looking into these things. Regarding these types of touts, I will not say about all the Judges, but of course, very few Judges are there in our country having a very good relationship with them. In this dinner party, they will go. In their lunch party, they will go. In their marriage anniversary, they will go. We know everything. Everything is known. Someone speaks for two minutes and gets five-minutes face. Face law is very important in our country today to have an order, to get the justice. Who is getting that? Rich people are getting it, not the poor people. Can you think about this country’s Judiciary today? Lakhs and lakhs of poor people are not getting justice. Their cases are pending before the Supreme Court decades after decades. But the Supreme Court is very much concerned whether there would be marriage of the same sex or not. Therefore, a Constitution Bench will see and they will go on hearing day in, day out. It is a peculiar thing. Problems of the sophisticated people, rich people would be entertained by the Supreme Court. I will tell you, whether the same sex marriage is to be done or not, regarding that, within three days a Bench has been constituted, matter has been heard, and everything has been done. Do you know that for long 27 years, a Seven-Judge Bench of the Supreme Court is not hearing one matter which really pertains to the poor agricultural worker of West Bengal? Can you imagine that? For whom does the Judiciary exist? Does the Judiciary exist for the purpose of resolving the problems of only the most sophisticated and rich people? I will tell you about one incident. I am sorry for taking much of your time. This incident happened in the court of Justice Dattu, the former Chief Justice of India. I was present there at that time. I will not take the name of a very senior and famous lawyer. He wanted to mention a matter with regard to one industrialist before the court. I must say that the former Chief Justice of India, Justice H.L. Dattu said to the lawyer, ‘Mr. so and so, I have a number of matters of poor workers and poor people of this country. I do not have time. Simply because you are appearing for the top industrialist, leaving aside everything, I have to take up your matter. I have had it.’ But today’s approach is different and peculiar. I am not taking any name. There are big corporates. There are big lawyers. Give it to big lawyers. Go and mention about it, and his matter will be taken up. What is happening in our country? Poor people are being ignored. Hon. Chairperson, Sir, this phenomenon has been going on. The point is about identified touts and non-identified touts. You are trying to identify touts. But there are big arenas, places, fields, etc. where non-identified touts are there. Nobody will tell you. They are not taking tea in the street shops. They are taking tea in five-star hotels, and they are not identified there. How can you identify and remove a highly-paid lawyer-cum-tout? They accept it. Do not worry. Do not worry about Rs. 50 lakh. Get the order. The order is coming. If he is not there, engage someone else. That is because of face law. This is happening. Touts are there. Now, I am coming to a very relevant question. Tout is there when a relative of any judge is in the field of a legal practice. Tout is there. Taking the name of the Judge, his relative is also holding out threats. It is appearing in the newspapers. I do not want to take the names. It is appearing in the newspapers. It is under investigation. Let it be investigated. Since I have got the chance, I just want to tell you one thing. Hon. Law Minister, I do not have any difficulty with regard to transfer. I want it. I wish for it. But what I really want is that there should be a policy. Unless a policy is there, transparency would not be there. You transfer anybody. I am not concerned with it. Give a policy. At least, 140 crore people of this country will understand that this is a policy and, on that basis, transfers would be made. But what is happening today? You are picking up and transferring. Transfer all the judges whose relatives are practising in any High Court. Why are you transferring a Judge from the High Court to Supreme Court knowing very well that his relatives are practising in the Supreme Court itself? Why are they picking up the names? If I am unfit, if I am dishonest, if I am not fit for a court, then I am not fit for any other High Courts also. The point is very simple. Then, comes the issue of tout. They say that tout will save. This is the problem that has to be addressed. Of course, I support this Bill but I am on a very larger issue to save the Indian Judiciary for future generations. I am almost at the fag end of my legal service, maybe for eight or ten years, I will be in this profession. But generations after me should not face the pain which I had faced and the things which I have seen. You know about the problem. I have told about it somewhere also. You know why judges are saved. The Supreme Court and the High Court Judges can be criticized only when I am here. It is because of the privilege given by the Constitution. It is because of the existence of the contempt of court. No one can criticize about the judges’ activities. Otherwise, they will be held up for contempt of court. The judges of our country are saved only because of the contempt of court. Do not think everyone is perfect and everyone is correct. There are so many persons. Earlier, I used to take it that it may be an abberation. Sorry, today, I do not take it. It has become a great disease of the Indian Judiciary and that disease has to be resolved. I know you are having a limited power. I know that but this is the field and this is the place where I can tell my words, ‘Let the highest court of this country take note of the contents which I have said’. Thank you, Sir