Sukhendu Sekhar Roy speaks in Rajya Sabha on The Enemy (Amendment & Validation) Bill, 2016

Full Transcript

Sir, so far I understand, this Bill has been introduced by the Government following the Supreme Court judgement in a particular case that the Hon’ble Leader of the House has mentioned. We must not consider this Bill in the ambit of one case; it has wider ramifications. The 1968 Act allowed for vesting of enemy properties with the custodian after the war with China and Pakistan, as rightly pointed out by the Hon’ble Leader of the House. After the 1965 war, there were the Defence of India Act provisions, which are all right.

This Bill amends the Act to clarify that even in the following cases, these properties will continue to be vested with the custodian:

 

  1. The enemy’s death, which is all right,

 

  1. If the legal heir is an Indian, on which we have certain objections, because legally as an Indian citizen, this Bill is depriving property to Indian citizens. If there is no title after 1965, then nothing is inherited by the Indian citizen; then there is no question of putting this clause in this definition.

 

On the one hand, the Government is saying that after 1965 there is no title to the property by the enemy and now the Bill seeks to amend that if the legal heir is an Indian, then also he is not entitled to the title of the property. If there is no title, then how does this come? So this is contradictory, in my point of view, and so this should be removed.

Also, Sir, if the enemy changes his nationality to that of another country. Now the Hon’ble Leader of the House has mentioned about going from Pakistan to London, which is all right in that particular case. The question is, Sir, here are so many things which are not in this Bill. When Punjab and Bengal were partitioned – it was not the partition of India, it was the partition of a few districts of Bengal and Punjab only – and when millions of evacuees came from other parts of Bengal and Punjab, that is, East Pakistan and West Punjab, how much compensation has been given by the Government of India to the evacuees? Nothing has been said in this Bill about that – because the enabling provision has been made, that after the selling of the property, the custodian can sell out the property, can dispose of the property, and after the disposal where would the proceeds from the sale go, how it will be utilized, nothing has been said in the Bill. Whether, out of the sale proceeds, the evacuees or their descendants can get compensation or not; nothing has been stated.   

After the emergence of Bangladesh in 1971, the evacuees of erstwhile East Pakistan got only ex gratia, not compensation, from the Government of India to the extent of 25 per cent of their total claims; therefore, 75 per cent of their total claims is still remaining.

This Bill has been brought on a piecemeal manner just to thwart the judgement delivered by the Hon’ble Supreme Court in a particular case. That is why I have objections on principle on this Bill, because if the Government is serious to take into consideration all aspects related to enemy properties then, in my view, those things should also be addressed in a proper manner, and for which a comprehensive Bill is required to be brought by the Government.

Lastly, the way the Bill has been introduced today – I cannot blame the Chair, because it is in the List of Business – I have already stated and Mr Jairam Ramesh and other Hon’ble Members have also stated the practical difficulties. This is a serious Bill which could not be discussed in a proper manner. We can understand the difficulties on the part of the Government because of the March 14 deadline. So on March 14 itself we could have discussed and passed this Bill after a threadbare discussion.

This is why, in protest against the indifferent attitude of the Government, to not to respond to the request made by the Opposition, I walk out, Sir.

 

 

Kalyan Banerjee speaks on The Admiralty (Jurisdiction & Settlement of Maritime Claims) Bill, 2016

FULL TRANSCRIPT

Thank you Madam for allowing me to speak on The Admiralty (Jurisdiction & Settlement of Maritime Claims) Bill, 2016. Firstly, I must point out that I respectfully disagree with the statements made by the Hon’ble Minister. The Minister while making the statement said the Bill is also covering the environmental issues. I am sorry, Sir. Under clause 4 this is not the scope. You have also referred to that in case of leakage of oil etc. This will come within the purview of this. Therefore, I respectfully disagree with the statement made by him in respect of two issues.

This Act was necessary for long rather I say it is unfortunate that although Supreme Court in 1992 directed the Central Government to come up with a law which will fulfill the need of the day, when 151 reports of the Law Commission were existing. But unfortunately from 1992 to 2016, no one paid any heed to the circumstances. Today it is needed and therefore I am not opposing, as far as the substance of the Bill is concerned.

Madam, I will just mention two or three things. The claim which is required to be decided by the High Court by reason of this enactment of the Act, itself has been codified under Clause 4. The jurisdictions have been said there.

Clause 2, Sub Clause K, states “territorial water shall have the same meaning as assigned to it in the ‘Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976’. You have incorporated a provision and that is a vague provision. Which High Court has the jurisdiction on the sea itself?

I have an experience being a Lawyer; we had a dispute with the Odisha Government in respect of territorial water. However, both the Hon CMs discussed and resolved the problem and it is now working very good. I will point out to the Honourable Minister, kindly clarify this, this Bill is bringing another area where more interpretation is required to be done by the Court. You have to clarify and clear it.

Clause 17 Sub Clause 2, “shall not withstand the appeal of admiralty proceedings pending in the High Court immediately before the commencement of the Act, shall continue to be adjudicated by such High Court in accordance with the provisions of this Act.”

What does it mean? Firstly, “shall continue to be adjudicated by such High Court” – if you have said it is alright. The moment you are saying with accordance of the provisions of the Act, there is no clarity in this section. Will Kolkata will go to Odisha, or any other places will go to another? If a proceeding is pending in the High Court, will it continue in the High Court? Then the language of the statute needs to be made clear. You are creating a confusion by saying that before the commencement of the Act, it will continue to be adjudicated by such High Court in accordance with the providence of this Act.

Now I want to make a point to the nation its self. A national problem has emerged. You are giving the jurisdiction to the High Court to decide but do you know how many vacancies are there in the High Courts? How will they take the load? Not a single High Court is in a position to function.

Why you are not fulfilling the vacancies? The National Judicial Appointments Bill was passed here. Ultimately the Supreme Court declared it ultra vires; we have to accept this. We cannot have any ego on that. Neither the legislature nor the executive can have any ego with the judiciary. This has to be sorted out. If there is an ego with the judiciary regarding the filling of the vacancies kindly fill it up.

My suggestion to you (also it is a very difficult job for you) is that the territorial water jurisdiction has to be identified. Now it is not much difficult because of the new mechanisms like satellite etc.

You have to identify the part about water belonging to West Bengal and Odisha. If you identify that part you will find the question regarding the jurisdiction by the court that would be lesser and easier job. In the future if you will try to do it will be great helpful. This is my suggestion. With this I give you thanks. This Bill has been long pending since 1992. Let it be passed. There is no difficulty. With this I conclude.

Thank you.

 

Idris Ali speaks on the need for setting up Central schools in his constituency & loan waiver for farmers

FULL TRANSCRIPT

I have come from Basirhat constituency which is in the border area. There is not a single Central school in my area. My prayer before the Government as well as to the Hon’ble Minister, through you, is to establish a Central school, as early as possible, because there is a 9 km area with no Central schools.

Number two, my humble prayer before the Central Government through you, Sir, is that the interest on the loans to farmers should be waived by the Central Government.

Number three, the preference for the loan waiver should be people belonging to the SC/ST and minority communities.

 

Ratna De Nag speaks on the need for subsidies for potato growers

FULL TRANSCRIPT

Thank you very much Sir.

Potato growers in Bengal and some other States like Uttar Pradesh and Bihar are facing difficulties as their produce is sold at half the price. With the result they are incurring huge losses; they are not deriving any profit in spite of toiling in the farm to produce potatoes. There is an urgent need to provide subsidy to the potato growers as the Union Government extended subsidy to the rice growers.

To give an example how potato growers is undertaking hard times: 1 bigha of land = 1600 square yards; whatever they are spending they are not able earn profit. On the other hand they are losing Rs 2000 to Rs 10000. If efforts are not taken by the Central Government they would find it difficult to make both ends meet.

I would like to ask the Union Government to make measures to come to the rescue of the potato growers at this hour of despair and helplessness.

 

Pratima Mandal speaks in Lok Sabha during Zero Hour on the need for awareness for generic medicines

FULL TRANSCRIPT

Thank you, Sir.

We are well aware that generic medicine is cheaper than the branded medicines. But it is very unfortunate that most of the doctors do not prescribe generic names and this is the main reason for not getting of generic medicine in the pharmacy and people are not aware of the benefit of generic medicine and it’s cost of advantage.

So I would like to request to the Hon’ble Minister to ensure the doctors should prescribe the generic names and create awareness among the people on use of generic medicines. A district-wise helpline support centre should be formed with infrastructure, capital support from Centre to provide live assistance to the patients with regard to low priced medicine and lodging of complaints.

 

Saugata Roy asks a Supplementary Question on confiscation of assets of economic offenders

FULL TRANSCRIPT

Sir, since it came to power, the NDA Government has been shouting from the rooftops that it would take all possible steps to curb the use of black money. Even before the elections they had promised that they would bring back the black money stashed abroad and deposit Rs 15 lakh in the account of every Indian. Now almost three years have passed, and the same has not happened.

In spite of the earlier existence of the FEMA Act and the Prevention of Money Laundering Act, and the enactment of Black Money (undisclosed Foreign Income and Assets and Imposition of Tax) Act, we have seen that high-profile economic offenders like “Kingfisher and IPL man” had escaped abroad and are living merrily there.

Hon’ble Minister, what steps have been taken to confiscate the assets of the IPL man and the Kingfisher man, and what steps are being taken to prevent the escape of similar offenders abroad by the Government, both administratively and legislatively?

 

Ratna De Nag asks a Supplementary Question on chronic diseases

FULL TRANSCRIPT

Thank you, Madam. Public health is not in good shape. We see multifarious health issues being faced by us, be it diabetes, cardiovascular disease, hypertension, renal disease, malnutrition. Added to that, major allocation of budget for health is disturbing.

According to the statement laid by the Hon’ble Minister, according to the report of National Commission on Macroeconomics and Health, there were 380 lakh cases of cardiovascular diseases in the year 2005. And these were estimated to rise to 641 lakh cases in year 2015. This is a high time to go ahead with a new disease study control on chronic diseases. Madam, Hon’ble Minister has proposed to set up 30 branches of the national center for disease control in all the states with an outlet of 367 crore.

I would like to ask the Hon’ble Minister through you madam, how many branches of national center for disease control have been set up till now and is there any branch already set up in west Bengal which also addressed to chronic disease.
Thank You, Madam.

 

Bengal Govt allots Rs 3300 crore to spruce up state-run health system

After proposing a regulatory body to keep tabs on private health facilities, Bengal Chief Minister Mamata Banerjee on Wednesday turned the focus on the government healthcare system, raising the plan budget from Rs 2,999.22 crore in 201617 to Rs 3,299 crore, as a first step to augment the infrastructure. The Rs 300-crore raise seems to be in sync with the steady increase in budgetary allocation since 2011-12, when the plan budget was merely Rs 871.87 crore.

A total of 42 multi and super-speciality hospitals, each with 300-500 beds, are being built in 15 districts at a cost of Rs 2,714 crore. Besides, 33 critical care units (CCU) and 21 high-dependency units (HDU) are already functional in tertiary and secondary hospitals. Fourteen more such CCUs and HDUs will operate by 2017-’18.

Eight health districts have been created at Nandigram, Jhargram, Bishnupur, Rampurhat, Diamond Harbour, Bashirhat, Asansol and Kalimpong to streamline the functioning of the district health administration. 27,000 beds have been added in the new and existing government hospitals together. To cater to the pressure, 4,544 doctors, 6,535 nurses, 833 pharmacist and 1,001 technicians have been added to the existing medical and paramedical force of the state.

At present, 113 Fair Price Medicine Shops offer discount up to 72%. 52 Fair Price Diagnostic Centres offer CT scan, MRI and Digital X-ray at low rate. Four State-run and three private Medical colleges offer 3150 MBBS seats, 133 PG seats and 31 post-doctorate seats. At present there are nine nursing training schools and five more are coming up. The Milk Bank at SSKM and the cord blood bank at Calcutta School of Tropical Medicine are now functioning. The number of sick newborn stabilization unit now stands at 370 while there are 70 sick newborn care units.

 

স্বাস্থ্য খাতে ৩৩০০ কোটি টাকা বরাদ্দ করলো রাজ্য সরকার

বেসরকারি হাসপাতালের গতিবিধির ওপর নজর রাখতে রেগুলেটরি কমিশন তৈরীর পর বুধবার বিধানসভায় পেশ হল স্বাস্থ্য বাজেট। ২০১৬-১৭ আর্থিক বছরে এই বাজেটে বরাদ্দ অর্থের পরিমাণ ২,৯৯৯.২২ কোটি টাকা থেকে বৃদ্ধি করে ৩২৯৯ কোটি টাকা করা হয়েছে। ২০১১-১২ সালে যেখানে স্বাস্থ্য বাজেটে বরাদ্দ টাকার তুলনায় এবারের বাজেটে বরাদ্দ টাকার পরিমাণ ৩০০ কোটি টাকা বৃদ্ধি করা হয়েছে যখন পরিকল্পনা খাতে বরাদ্দ টাকার পরিমাণ ৮৭১,৮১ কোটি টাকা।

১৫টি জেলায় ২,৭১৪ কোটি টাকা খরচে মোট ৪২টি মাল্টি সুপার স্পেশালিটি হসপিটাল তৈরী হয়েছে। এগুলির প্রত্যেকটিতে ৩০০-৫০০টি বেড রয়েছে। এর পাশাপাশি ৩৩টি সিসিইউ, ২১টি এইচ ডি ইউ চালু হয়ে গেছে।২০১৭-১৮ সালে এই রকম আরও ১৪টি সিসিইউ, ২১টি এইচ ডি ইউ চালু হবে।

নন্দীগ্রাম, ঝাড়গ্রাম, বিষ্ণুপুর, রামপুরহাট, ডায়মন্ড হারবার, বসিরহাট, আসানসোল ও কালিম্পং সহ ৮টি স্বাস্থ্য জেলা তৈরী হয়েছে। নতুন ও পুরনো সরকারী হাসপাতালগুলিতে বেডের সংখ্যা ২৭০০০ বৃদ্ধি করা হয়েছে। রাজ্যের বিভিন্ন মেডিকেল ও প্যারামেডিকেল সেন্টারগুলিতে ৪৫৪৪ জন ডাক্তার, ৬৫৩৫ জন নার্স, ৮৩৩ ফার্মাসিস্ট এবং ১০০১ জন টেকনিশিয়ানকে নিযুক্ত করা হয়েছে।

বর্তমানে ১১৩ টি ন্যায্য মূল্যের ওষুধের দোকান রয়েছে যেখানে প্রায় ৭০% ছাড়ে ওষুধ পাওয়া যায়। ৫২ টি ন্যায্য মূল্যের ডায়াগনস্টিক সেন্টার রয়েছে যেখানে কম খরচে সিটি স্ক্যান, এম আর আই এবং ডিজিটাল এক্স-রে করা হয়। ৪টি সরকারী ও ৩টি বেসরকারী মেডিকেল কলেজ রয়েছে যেখানে এম বি বি এস এর আসন সংখ্যা ৩১৫০, পিজি-র আসনসংখ্যা ১৩৩ এবং পোস্ট ডক্টরেটের আসন সংখ্যা ৩১। বর্তমানে ৯টি নার্সিং ট্রেনিং স্কুল রয়েছে আরও ৫টি স্কুল তৈরী হচ্ছে। এস এস কে এমে মাতৃদুগ্ধ ব্যাঙ্ক, ক্যালকাটা স্কুল অফ ট্রপিক্যাল মেডিসিনে কর্ড ব্লাড ব্যাঙ্ক পরিষেবা চালু হয়ে গেছে। ৩৭০টি এসএনএসইউ তৈরী হয়েছে আগে এই সংখ্যা ছিল ৭০।

 

WB Govt writes to Centre to expedite renaming of state

The West Bengal government has written to the Centre urging to expedite the process required to change the name of the state as passed in the Assembly on August 29, 2016.

It may be recalled that the West Bengal Legislative Assembly had passed the resolution of renaming the state as “Bangla” in Bengali and “Bengal” in English in the special session that was held on August 29.

A letter has been sent to the Centre requesting it to do the necessary as early as possible. The decision of the House in passing the resolution to change the name of the state will immensely benefit lakhs of students and people from all walks of life in coming days.

 

রাজ্যের নাম বদলের প্রক্রিয়াকে ত্বরান্বিত করতে কেন্দ্রকে চিঠি দিল রাজ্য সরকার

রাজ্যের নাম বদলের প্রক্রিয়াকে ত্বরান্বিত করতে কেন্দ্রকে চিঠি দিল রাজ্য সরকার। গতবছর ২৯শে অগস্ট বিধানসভায় রাজ্যের নতুন নামকরনের সিদ্ধান্ত পাশ হয়। বাংলায় নতুন নাম হবে “বাংলা”, ইংরাজি ভাষায় “Bengal” এবং হিন্দিতে ‘বাঙ্গাল’।

রাজ্য সরকারের পক্ষ থেকে কেন্দ্রকে অনুরোধ জানানো হয়েছে এই প্রক্রিয়া তাড়াতাড়ি সম্পন্ন করার জন্য যাবতীয় পদক্ষেপ গ্রহণ করতে।

এই সিদ্ধান্তটি সংসদে গৃহীত হলে লক্ষ লক্ষ পড়ুয়া ও সর্বস্তরের মানুষ উপকৃত হবেন। রাজ্যের জনগণ ও ছাত্রছাত্রীরা রাজ্যের নতুন নামকে স্বাগত জানিয়েছে।

Kakoli Ghosh Dastidar speaks on Maternity Benefit (Amendment) Bill, 2016

FULL TRANSCRIPT

Thank you, Chairman Sir. I stand here on behalf of All India Trinamool Congress and I would like to congratulate the Hon’ble Labour Minister for having given such a wonderful thought for ladies. Kal hi hum Antarjatik Mahila Divas manaye hain aur aaj hum charcha kar rahe hain mahila ke liye, aadhi abadi ke liye. Kehte hain ‘Der aaye, durast aaye’. After 55 years, we are bringing the amendment. But after all we are bringing in the amendment, that is one thing to rejoice and I congratulate you, Sir. We support this Bill.

But as I will slowly elaborate, I completely support Supriya Sule ji, that we need other ministries on board, and I am happy that our Hon’ble Minister for Women and Child Welfare is here. We should have a joint supervisory body, which should have members from, along with the Labour Ministry, the Women and Child Ministry and the Health Ministry, because this subject entails all of them – this is not something only to be dealt with by the Labour Ministry alone.

Childbirth is such a beautiful experience and all of us women have gone through the experience. At the moment, whatever the amendments that have been brought, there has been definitely much improvement on what we had – 26 weeks is good enough because the World Health Organisation gives us a suggestion for 24 weeks of breastfeeding which enhances the resistance of the child towards respiratory tract diseases and diarrhoeal diseases, and therefore brings down the mortality thereof.

We have the example of the Bengal Government, the second time elected government led by the CM Mamata Banerjee. she started this thing of ‘Mother & Child Hub’ in which from the last trimester, the pregnant women are been brought and have been kept there. They have been given nutritious diet and specialised doctors are looking after them. So, the reports of the stories that we read in the past – that while reaching the hospital the women has given birth on the road or died on the road – does not happen. For that we have improved statistics as far as infant mortality and maternal mortality is concerned in the State.

Also in the country we are doing well but we should do much better; we want to go and touch the Millennium Development Goal 5 which we as a country have not yet touched so we should also give our thought to this. How do we point out as to which of the women need care? If we can universalise institutional delivery then only we can get to know which of the women need more care because we cannot have same sort of leave benefits for all women.

Certain women suffer from medical diseases like hypertension; then they have pre-eclamptic toxaemia. They may have diabetes while some might have cancer, some might have APLA syndrome, polycystic ovaries, some might have other diseases like systemic lupus erythematosus, in which cases the mothers needs more care. In those cases 26 weeks is not enough. That is why I said that the Health Ministry should also be taken on board.

Today we have many more girls coming into our services. There are girls who are patrolling our borders ,we have women working in the BSF, we have women working in the SSB, we have women in the ITBP, we have women in the CISF, in the defence forces and in the CRPF. They should be given little more benefits because their life is more active than a normal woman who is at home. Right after childbirth they should not be sent to the remote areas. We must universalise antenatal care.

Hoardings, billboards and flexes must be put up in rural areas in the regional language and the vernacular so the women going to the market or on the road can read what is written there. Tetanus toxoid shots are required to prevent tetanus or antenatal check up, folic acid and RN tablets are required. So, these also should be included and monitored so that the women who are in the villages, who are in the rural areas they know exactly what to do.

In spite of this being a very nice Amendment Bill, I would like to demand and draw the attention of the Hon. Minister that universal help for all BPL family women should be brought. Unorganised sector & organised sector should be brought under the purview of this Bill; even domestic helps, agriculture workers, site workers, mine workers and the farm hands – everybody should be included because it is a pain of all ladies throughout the pregnancy and they should be taken care of.

It is of great pleasure that you have put in the issue of commissioning mothers here but they would require a little more benefit that what you have mentioned for them and also I would draw your attention to the fact these days girls are studying more, they are getting married at a later age and when they try for pregnancy then most times they are unable to conceive because of their raised age they have to take help of donors (after consultation and informed consent). These girls are doing social work by donating their eggs so they should also be given some kind of benefit.

The surrogate mother should be given some kind of benefit because she is the one who is holding the baby for so many months (when it is not done commercially it is done only through good will). I have delivered babies where the mother of the patient has delivered, where the sister-in-law of the patient has delivered. So we must also take them into cognizance when we are making this Bill.

And, as has been done in Bengal, I would also like to reiterate that we want paternity leave for the menfolk because having a child is a joint effort, it is a joint venture of the mother and the father. The Hon’ble Supreme court has also given all rights to single mothers, so single mothers should also be specially included for the benefits and mentions.

Thank you, Sir.