Jogen Chowdhury speaks during a discussion on National Education Policy in RS

Jogen Chowdhury speaks during a discussion on National Education Policy in RS

Posted on August 11, 2016 | by admin2 | Leave a Comment

Sir, I start with a quote by Rabindranath Tagore, he said, “the highest education is that which does not merely gives us information but makes our life in harmony with all existence.”

Knowledge cannot be obtained only through books. But more through individual life experience, involvement, hard work and practices. Therefore education is not limited to books. Education is the most powerful tool to make a person self confident, capable and an ideal human being and enables someone live and let live others in peace, prosperity, dignity and harmony with life and nature. Education is not essentially to make a career and just to money but to become a total human being. We must remember that a population when is uneducated, poor, physically incapable is not a human resource but a burden to the society. So we will have to exert all our efforts to change this situation and education is ultimate tool for that and we cannot stop until the entire Indian population is educated, particularly the women of each family and backward classes. We have to remember that even in the time of war when our army cannot do anything if our population is unhealthy, uneducated and incapable. We need a quality education for all. I think it is through proper research and study, it is important to identify which areas of education are in demand, from the perspective of true education and growth oriented education.

I think it is important to have holistic form of education which can be divided into two main parts. One is academic education which revolves around formal subjects such as math, science, language, history, etc, which is mainly obtained through books, study and research. Two, life oriented education like sports, games, yogas, gymnastics, visual arts, performing arts, crafts, designing and planning, skill development of various nature, maintenance of environment and protection of heritage including all sorts of groups, sociocultural activities which encourage self confidence, discipline, friendship or fellow feeling, initiative, organizational ability, leadership and to do hard work, which normally lacks among our people. This is important to make a strong, vibrant, live Indian society. Until we make a clear distinction of academic education and life oriented education in the policy and concentrate on both areas separately in equal measure, we will not be able to make our education purposeful and effective.

I think that in Indian society, we do not lack in informative or academic knowledge, but we do not have any involvement or initiative in organization, planning, hardwork and education. Rabindranath Tagore once remarked that we start our work but it never finishes. I think at this moment this is an important moment of education and practice.

Dola Sen makes a Special Mention on the rising incidents of violence against particular communities by vigilante groups

Posted on August 11, 2016 | by admin2 | Leave a Comment

Over the last one month, our nation has been a mute witness to brutal acts of horror on a particular section of people by vigilante groups in the name of cow protection. Innocent lives have been lost and families scarred while democracy has been bulldozed.

The Centre is a mute spectator as a few vigilante groups are dictating what people can eat or wear. This is gross interference with personal choices. As the Chief Minister of West Bengal and the Chairperson of All India Trinamool Congress has said, if I consume goat meat, there is no problem, but if someone else has cow meat, it is a problem. We may like wearing dhotis but someone else may prefer lungis. Who are you to decide what people will wear and eat?

Some groups have started going from house to house in rural Bengal and asking people how many cows they own. Who has given them the right to do so? Why should it be of any concern to anyone how many cows, goats or hens a person has?

Moreover, education is being politicised in several parts of the country. Textbooks have now become serious instruments for the proliferation of communal tensions in north India. Researches on violence in north India show that the new history textbooks play a major role in the construction of communal violence in many micro-regions in north Indian states.

The government needs to take stock of the situation before it goes out of hand and rein in these vigilante groups. The Centre needs to reinforce the faith people have in our Constitution and act as per the vision of the founding fathers of our great democracy.

Trinamool’s Derek slams RSS involvement in education

Posted on August 11, 2016 | by admin2 | Leave a Comment

Minister is not convinced about this and calls these “a few inputs….” So my interpretation is that this note has less than 10 percent of the inputs and the Minister will listen to all our inputs, and we will all give the rest of the 90% inputs.

When formulated the policy should be inclusive, open to diversity of thought and belief.

There are a lot of Christian schools running across the country. Many non-Christians, from various economic backgrounds, also go to Christian schools. In Christian schools they never ask you to go to Church. Christian schools impart secular education. We need a modern, secular outlook to education.

Minority schools in India are feeling very threatened because consultative process has not really taken place. The consultative process has been a “natak.” Ensure the autonomy of minority communities to administer their institutions. Guarantee their independence to preserve their culture and traditions.

The States cannot be ignored, Sir. Take them on board. They consulted the States for GST and got their full backing. So do the same with the Education Policy. Don’t rush it because States do not agree with your approach.

There is a genuine fear that the RSS wanted control over one ministry. Government needs to take mature steps. Secularism is our system’s greatest strength. It is our constitutional heritage.

With this, I go back to my opening plea that make there is no rush for any policy. First there has to be inclusivity and diversity of thought and belief.

Dola Sen speaks on The Maternity Benefit Bill, 2016

Posted on August 11, 2016 | by admin2 | Leave a Comment

The object of maternity leave and benefit is to protect the dignity of motherhood by providing for full and healthy maintenance of a woman and her child when she is not working. In today’s age, more and more women are joining the workforce and in this scenario, it is important to ensure that a woman striving for self sufficiency does not have to compromise on her role as a caregiver to her child. Studies have shown that longer maternity leaves are likely to produce health benefits.

Expectant and nursing mothers require special protection to prevent harm to their own health and the infant’s health. They need adequate time to give birth, to recover, and to nurse their children. At the same time, they also require protection to ensure that they will not lose their job simply because of pregnancy or maternity leave. Such protection ensures a woman equal access to employment.

But one point I must say. The proposed Amendment is silent on the question on the aspect of paternity leave. This is one very important point that the Labour Ministry must address. Extending paternity leave will lead to men and women sharing responsibilities of child care. This we have already started practicing in West Bengal under the leadership of our Hon’ble Chief Minister and the Health Minister of West Bengal, Mamata Banerjee. This is a progressive step which Bengal is already taking.

The present Bill seeks to increase the maternity leave for women to 26 weeks, as against the current provision of 12 weeks. This is a commendable reform, and I wholeheartedly support this provision. Another good provision is the option of “work from home” for nursing mothers, after completing the duration of their maternity leave, though this will be decided by the employer. It also provides 16 weeks leave for women who adopt a child or opt for surrogacy. In case an establishment employs 50 employees or more, a crèche will have to be provided by the establishment. These are all very progressive provisions and I laud the Government for bringing them.

However, it is important for us to go beyond the books and look at the bigger picture. Women are estimated to be only 30% of all economically active individuals, even though they account for 48% of the population. Only 1% of women are employed in State and Central governments, and 3% in legislative, management and senior official positions.

Maternity benefits are crucial as malnutrition continues to be a huge hurdle. In India, almost one in every three children, or an alarming 4.8 crore children are stunted.

Without benefits, it often becomes difficult for a single mother to provide adequate nutrition for her child. A mother also has to ensure that her child is fully immunised against all types of diseases. India is still a long way off from securing 100% immunisation for all children. In fact, the first phase of the National Family Health Survey 2015-16 revealed that the highest percentage of fully immunised children are from Goa, Sikkim, Puducherry and West Bengal.

Indira Gandhi Matritva Sahyog Yojana is a conditional cash transfer scheme for improved health and nutrition of pregnant and lactating mothers. This scheme is being implemented in 52 districts for women above the age of 19 years for their first two live births. It is estimated that about three crore women get pregnant every year. If Rs 6,000 is to be given to each of them, then Rs 18,000 crore is needed every year. However, in the present budget, only Rs 400 crore has been allocated to the scheme. This needs to be looked into by the Government.

Some more points for consideration. One, it should be addressed by the Government that the timing of this 26 weeks maternity leave should be flexible in nature, and according to the necessity and choice of the pregnant mother. Two, an establishment with 10 employees is entitled to ESI facilities; this Maternity Benefit Bill should not clash with the existing ESI facilities. Three, there are some provisions in the Act for maternity leave allowance or medical bonus for the pregnant mother. I would like to know whether the Government is planning to increase this allowance or medical bonus as it is not at all up to the mark. Four, it is there in the amendment that ‘every establishment shall intimate electronically to every woman at the time of her initial appointment about the benefits available under the Act.’ That means, this Maternity Bill should be implemented from the very first day of the service of the pregnant mother. This Maternity Benefit Bill must address the working woman of the unorganised sector.

I appreciate the thought that the Government has put behind the Bill. We also need to work towards building a future where women hold an equal stake in the every aspect of India’s social, political and economic life. For a child, the most important person in their life is the mother. Let us ensure that we build an India where every woman is free to achieve her dreams, and no child is bereft of the love that only a mother can provide.

Thank you, Sir.

Kalyan Banerjee speaks on The Factories (Amendment) Bill, 2016

Posted on August 10, 2016 | by aitc | Leave a Comment

Thank You, Deputy Speaker, Sir.

I am really sorry to inform this august House that this is an anti-labour Bill and slowly, and very intelligently, this government is interfering the federal structure of this country.

Sir, if you see sections 64 and 65, the entire power is rested with the State government to frame rules and the mechanism which is there under the Factories Act will be implemented through the state government officers.

Now see Sir, by this proposed amendment, under clause 3, sub-clause A, for the words ‘state government’ wherever they occur, the words ‘central government or as the case may be’ state government shall be substituted.

Therefore the primacies have been given to the central government and state government is coming later on. Earlier it was not there. Even in the Bill brought in 2014 it was not there. A new procedure is being adopted and this is an attempt to interfere with the federal structure. The Hon’ble Prime Minister speaks about cooperative federalism and here the central government is interfering with the federal structure.

Now ‘as the case may be’ has not been defining. Therefore if one day the central government feels that it will frame rules for a particular industry, they can do so; the powers of the state government will be diluted.

But the implementing agency will be all the chief inspectors. Responsibilities will be with all the inspectors. In case of any violation, the officers of the state government will have to face it. The sections 64 and 65, clause 3 sub-clause A hit the basic structure of the Factories Act itself.

Now I come to the second point regarding the increase of the overtime period, that is 50-100, and sections 65, 75-115. Therefore the overtime will be increased. At whose insistence it has been done? Who is asking for this? Who has said so?

We must not forget when the Factories Act came into force, the original Act passed in 1948, in the second paragraph of the object and reasons, says: “Scope: The proposed legislation differs materially from the existing law and several respects. Some of the important features are herein mentioned. Under that definition of factory in the Act of 1934, several undertakings are excluded from its scope but it is essential that important basic provisions relating to health, working hours, holidays, lighting and ventilation should be extended to all workplaces.”

Sir, let me give an example of a legislation about security measure, social measures – the Provident Fund Act. Nobody knows what is that amount of money that would be deducted. No worker wants it. Why has it been done? After retirement, he should lead a good life, he should get a lump sum amount.

If we read Section 51 of the Factories Act, it has been said there regarding working hours that ‘no adult shall be required or allowed to work more than 48 hours in any week.’ Why? To protect his health. A man may need money but the State is the guardian of the citizens. He has to bring social security laws to protect him. If overtime is allowed, it will adversely affect the health condition of workers.

Who has demanded this? Not a single worker has demanded this. This is a demand from industrialists who have access to the Honourable Ministers of the Central Government. Why so much work time? If indeed overtime is needed, why not create scope for new employment? Then overtime is not needed. Even overtime is needed for workers, which is perennial in character, then employment created, Sir. Give new employment.

Sir, I’ll give an example. In 1981, my second appointment was as a trainee labour employment officer in West Bengal. Sir, every day I used to see, a worker used to come to me and wanted to have overtime. But he was not in a position to do extra work. I said, how can you do more work after working eight to ten hours? Even one extra hour would affect your health. The question is not about giving them money for overtime. The State is the guardian. Parliament as a legislature must see that health conditions are protected.

The Honourable Labour Minister has referred to the International Labour Organisation’s (ILO) recommendations. I agree with you. But tell me, is the condition of any factory in Britain, America, Canada or Switzerland the same as here? Certainly the conditions are not the same. There a factory is like a corporate office. Here if you want to walk into a factory, you need to cover your nose with a handkerchief. Therefore ILO’s recommendations, which are not mandatory, differ from country to country. Our country doesn’t permit that. The factories in our country are not in that condition. Sir, in my constituency, there are so many jute mills. If anyone goes there, they would see the hazardous health conditions of the workers. ILO’s recommendations should not be extended to factories which are in this condition.

Sir, in the 3rd report of the Ministry of Labour Standing Committee in the Factories Amendment Bill, 2014, there was an observation in Part 2 (VI) regarding the overtime, in the second paragraph. I read it: “they therefore desire the Ministry to distinguish those industries/seasonal practice where increasing the overtime is inevitable and make necessary amendment in the related clause with adequate safeguards so that unemployment problems is not aggravated.”

So our Standing Committee has taken care of distinguish those industries. First you identify the industries, it is inevitable, you cannot do it. Adequate safeguards are necessary, so that the problem of unemployment is not aggravated. If you continue with overtime, then new employment scope will not be there.

Therefore this is a Bill, which I oppose. It is anti-labour and is hitting the basic federal structure. Sir, I have a real question, at whose pressure are you bringing this Bill? Why are you in a hurry? This Bill was pending since 2014 Bill. Now in our country, a group of industrialists have become very powerful. Under their pressure so many Bills are being brought. Is it the pressure of industrialists from Gujarat? Is it the pressure of industrialists in Maharashtra? Is it the pressure of industrialists from Madhya Pradesh? Not a single worker or trade union of West Bengal speaks of the increase in overtime in this way.

I am shocked. I have 35 years experience working in labour and service matters. And I go to other states like Jharkhand; nobody wants this Bill. So under whose pressure are they working? Sir, MPs are asked to work till nine o’clock everyday, after three days, you will see that 50% MPs are not here.

Therefore by this process kindly do not bring in Bill. This Bill signifies a new process, a new idea, a new innovation of the Modi Government to interfere with the federal structure of this country. Therefore, I say this is an anti-labour Bill.

Thank you Sir, for giving me time to speak.

Derek O’Brien speaks during the discussion on Kashmir | Full Transcript

Posted on August 10, 2016 | by admin2 | Leave a Comment

Sir, before I say even one word about the incidents that have happened during the last one month, or the discussions we have had – and I have lots to say about it – let me make one message loud and clear, and that is not for anybody in this House.

Message for Pakistan

I must give our friends in Pakistan some straight talk: please do not meddle in our internal affairs; please do not shed crocodile tears; please do not pretend you have any love for the people of Kashmir; please do not give my country any bogus lectures on pluralism and democracy; please do not give us the bhashans by your generals, your politicians and your Establishment. Because my family knows Pakistan and my family knows India.

In 1947, when my grandfather and his younger brother worked in Kolkata; another brother was in Lahore, and he chose to stay there. Today, in spite of all the differences, in spite of all the problems we face, we are still the O’Briens of India. We can eat what we want, we can pray wherever we want to, we can walk the streets freely. But the O’Briens of Pakistan do not exist anymore. This is a fact, Sir. Yes, there are differences, Sir, and in the last two years, there have been very serious differences, and sometimes, it’s not only words which will solve these issues.

Laptops vs Stones

I wanted to start with the history and then come to the present. But I think I will start with the present and then go backwards in time. So let me start with yesterday, Sir. In Trinamool Congress, for the last 18 years, when it comes to matters of foreign policy, we are always with the Government; we are always with the country, it is not about winning any political points.

But yesterday, Sir, it was said by the Honourable Prime Minister that if those boys and girls had books in their hands or laptops in their hands or cricket bats in their hands, it would have been better, than stones. Sir, that statement concerns me. My concern is even if those young boys had laptops or books or cricket bats they would have still thrown it at where they want to throw it. This is a matter of concern, Sir. So we need to understand the situation better.

And I’ll say this, Sir. It is one thing when you are sitting in Opposition and you want to play Rambo, and it is another thing when you are in government and you have to work for maintaining peace and serenity.

A lot of the history which I wanted to say, Ram Gopal Ji, the professor has said before me. I will not go into the history but Ram Gopal Ji, whatever you have said about the history, I am completely on the same page as you. I do not want to mention too many names here because people will get touchy when you mention names.

Nationalism vs Patriotism

Sir, this is a human tragedy; this is a tragedy of common people. Who would know Zohra Farooq? She’s five years old, Sir, and she said (she said in Urdu, which got translated into English), “We don’t burn firecrackers at home, but THEY burn them now.” Sir, that reminds me – who is a nationalist and who is a patriot? The nationalist loves his country, the patriot loves the people of his country. And it is very important, Sir, at this stage, not to make a distinction between Kashmir the land and Kashmiris the people. This is important, Sir.

Kashmir – Behind the Vale

Here lies the paradox – this issue is above politics, so don’t get touchy. Interestingly, a few days ago there was a speech in Lok Sabha on behalf of the government, and I was intrigued to know who spoke on behalf of the government. His views on Kashmir 20-25 years ago may be a very nice view. It is a good view and it is often criticised because he is a Muslim.

Sir, I need to bring this point out today because this gentleman believed that Sardar Patel also had some views on Kashmir, and even Shyama Prasad Mookherjee was a stumbling block. Sir, I welcome the person the BJP chose to speak that day in Parliament. Maybe today the BJP and the NDA are taking a different look at Kashmir. The person who said all these words last week was MJ Akbar.

The BJP is looking at someone like MJ Akbar – he is my friend and I do not want to embarrass him – who wrote the book ‘Kashmir, Behind The Vale’. I am not here to publicise his book; he is your Minister. It is another matter that when this book was launched in 1991 there were many in your party who threatened to burn the book.

We want to hear voices like this Sir. The more we hear voices like this the more we believe there is a chance to solve this issue.

Move beyond statistics

Sir, let us move on to the Home Ministry. Some of my colleagues are on the Standing Committee on Home Affairs and I hear a meeting has been called today at 3 o’clock. And for that meeting we have been given some details from the Home Ministry.

The Home Ministry has given us the details of the use of pellet guns, and I am reading from that report. It says that in 2010 there were 6 deaths and 198 injuries and in 2016 there have been 3 deaths and 58 injuries. Sir, we have to go beyond these statistics. Sir, we have to come out of this mentality, because unless we come out of this mentality we will continue blaming each other. It is like saying that there are few injuries now, so we have committed a lesser sin. Sir, it is much beyond that.

Internet penetration

There is a big difference in Kashmir today; I was trying to study this change in the last 2-3 days; this is what I think has changed on the ground in Kashmir. Sir, in 2011, the internet penetration in Kashmir was 3 per cent, today the internet penetration in Kashmir is almost 28 per cent. Sir, that is a major change that has happened in Kashmir. And today, if you ask me, why the Hurriyat or anyone else doesn’t have control over these people, nor can the security forces? Because how can you have an encounter with YouTube? You can’t, because the opinion is being made on the internet.

Mr Home Minister Sir, you tweeted on July 9, 2016: “I appeal to the people of Jammu & Kashmir to remain calm and maintain peace, the centre is working with the state government.” Excellent. But the problem is when the tweet went out, the internet itself was blocked in Kashmir. In fact, in Kashmir the internet has been blocked 13-14 times. You cannot get young people on your side if you keep blocking the internet. The only other State that has blocked it 8 times in the last 2-3 times, is a western Indian state (Gujarat). I am saying it because it’s a fact.

Sir, Kashmir is non-negotiable. Similarly, the welfare of the people of Kashmir also has to be non-negotiable.

Sir, I am coming to the issue which actually started all this – Burhan Wani. The issue of internet penetration and Burhan Wani are linked because Burhan Wani was more dangerous on the internet than he was on the streets. I feel Burhan Wani is more dangerous in his grave than his living room. And Burhan Wani is maybe more dangerous when he is dead than he was alive. Sir, this is the changing situation in Kashmir.

We must move beyond the Home Ministry numbers. We must restrain ourselves; we are a young party of 18 years, so when we are telling the Congress and BJP, the national parties to do this, we are saying with all humility.

Pellets

Sir, I want to make a specific recommendation to the Home Minister. The Minister has said there are 4-5 different types of pellets; I do not want to make this a discussion on pellets. You have asked for 2 months for the expert committee to give its report. Two months is a long time. There is enough technology, Sir. Make it two days, make it one week and let us have the expert committee report. Those pellets are hurting, Sir. They are not only hurting the children but also hurting the consciousness of Kashmir.

Bottomline

I have never tried this before, but I will try it only once; I will end Sir, with an Urdu couplet.

Ek do jaga nahi,

Saara badan hai chhalni,

Dard bechara pareshan hai,

Kidhar se uthey.

Thank you, Sir.

Do not distinguish between Kashmir the land and Kashmir the people: Trinamool

Posted on August 10, 2016 | by admin2 | Leave a Comment

Taking part in a discussion on the prevailing situation in Kashmir, leader of the party in Rajya Sabha, Derek O’Brien appealed to the government not to make distinction between Kashmir, the land and Kashmir, the people.

Highlights of the speech

Message to Pakistan

Pakistan must not meddle in our internal affairs and not shed crocodile tears for the people of Kashmir and not give bogus lectures on pluralism and democracy, concepts of which Pakistan’s generals and politicians and establishment have little knowledge and appreciation.

Trinamool is always with the government on matters of foreign policy.

Laptops vs Stones

The Prime Minister recently said, “youths who should be holding laptops, volleyballs, cricket bats, books are being handed stones”. The ground situation in the Valley is such the youth would still throw the laptops and books.

It is one thing to play the Rambo in Opposition and run a country in government. We all must take cognizance of the epic human tragedy in the valley.

Nationalism vs Patriotism

Years ago I read a definition of the difference between a nationalist and patriot. The nationalist loves his country, the patriot loves the people of his country. This one-liner came back to me recently as I considered the volatile and worrying situation in the Kashmir valley, and how some people in India, on social media and on prime-time shows but in real life as well, unfortunately, seem to make a distinction between Kashmir the land and Kashmiris the people. As if the first is all-important to India and the second is less of a priority.

Stand of BJP on Kashmir

The person who spoke on behalf of the government in Lok Sabha a few days ago on the Kashmir issue (MJ Akbar) had different views 20-25 years ago. In fact, he had written a book in which Sardar Patel was blamed for compounding the problems in Kashmir.

Many in BJP had wanted to burn his book at that time in the 1990s. Should the book ‘Kashmir, Behind the Vale’ be recommended reading for our friends in BJP?

Move beyond statistics

The Home Ministry has given us data on the violence in Kashmir Valley. The report says that number of deaths in 2010 violence was six and there have been three deaths this year. We have to go beyond the statistics. It is almost like saying there are fewer injuries now so we have committed a smaller sin.

Internet penetration

One of the things that has changed in Kashmir is internet penetration, it is up from 3% in 2011 to 28% as on March, 2016.

In fact, the Home Minister had tweeted on 9 July, 2016: “I appeal to the people of J&K to remain calm and maintain peace. Centre is working with the State govt. to bring normalcy in Kashmir valley.”

When this was tweeted, authorities had suspended mobile internet services in the valley.

From 2013, the highest occurrence of internet shutdown was in Kashmir (13 times) followed by Gujarat (8 times).

Burhan Wani

Burhan Wani, who had a wide following on the internet and among the youth, was more dangerous on the internet than on the streets.

Burhan Wani is more dangerous in his grave than in his living room.

Burhan Wani is more dangerous dead than he was alive.

Bottomline

Kashmir is non-negotiable. Similarly, the welfare of Kashmiris should also be non-negotiable.

Two months is a long time for the expert committee to give its report on the use of pellet guns. People are dying.

The pellets have not only hurt the children but also the consciousness of Kashmir.

“Ek do jagah nahi,

Saara badan hai chhalni

Dard baychara parayshan hai,

Kidhar se uthhay”

Derek O’Brien speaks in Rajya Sabha on government resolution on Railways

Posted on August 9, 2016 | by admin2 | Leave a Comment

Sir, this is a serious issue. Indian Railways is more on time than Air India. This Railway Committee actually has only one agenda for the entire year, which is to announce a dividend.

Suresh Prabhu ji is very enthusiastic and very earnest in his efforts, especially in the way he coordinates with all the States. We appreciate that. This discussion may be for 20-25 minutes but it is worth Rs 12000 crore.

Sir, based on the recommendations of this Committee, in the 1920s, I think it was 1924, the finances of the Indian Railways was separated from the Union Budget. The Indian Railways became a public sector undertaking in 1924. Now Sir, the commitment of the Indian Railways has changed. It is not only about profit, it is also about social responsibility.

In 1964, on the recommendations of this committee, Rs 100 crore was given to the Indian Railways, after which the Railways used it for its projects. For the last few years, the dividend has gone down from seven per cent to six per cent, five per cent, so much so now that this year the Committee has recommended that the dividend will come down from five per cent to four per cent. This means Suresh Prabhu ji will have Rs 6000 crore each in the left and right pockets.

Sir, my question is, why do we need to give even one per cent dividend from the Railways to the central government. Let that money remain in the Railways; that can be used in other social sector projects. You can use it in Kashmir or other places which are connected.

The Railway Standing Committee has made a serious recommendation this year; my colleague was the Chairman of the Committee. The Committee made a recommendation of scaling down the dividend to zero per cent. We understand that if suddenly from Rs 12000 crore we give Prabhu ji zero, he will be a very disappointed person. However, Sir, I believe, as a House, as Parliamentarians, we should take this issue up and reduce the dividend from four per cent to two per cent and then off it goes.

Railways cannot have this extra money. I will tell you why. Because once this money goes to the Railways, with no offence meant to Suresh Prabhu ji, then the priorities change. Let me give you an example – to build a bullet train. Now, we all want bullet trains. Bullet train is very good. But the cost to build a bullet train, even if Japan gives you money, will be Rs 90000 crore. What will the bullet train do? It will connect Mumbai to Ahmedabad.

Sir, you can put that money – at least Rs 40-50 thousand crore – to the national highways; you could have better roads. You can put it into other programmes. Sir, you can increase railway safety. I don’t have any problem with having a bullet train but I think if you use your money like this, Suresh Prabhu ji, it will be a misfired bullet.

Today if you look at the Railways – Suresh Prabhu ji has inherited some of it and it is not entirely his fault – there is over a cost overrun of Rs 1 lakh crore on the Railways. If you look at the smaller projects it is about Rs 7000 crore.

In the morning today, we asked the government why do you want cess. Similarly, I would like the Railway Minister and all the parties – in Opposition or the government – to reconsider this old colonial system of giving railway money, sucking railway money out because one Mr Acworth thought about it in the 1920s.

Sir, the allocation for Sarva Siksha Abhiyan for 2016-17 is Rs 22000 crore; the total allocation for construction of roads and highways is Rs 55000 crore. Sir, I want to leave behind this thought. Sir, since the concept of the Indian Railway has changed from colonial times and today there is social responsibility as well as a commercial viability, the only way to stop doing this is not to give the dividend to the Finance Minister.

What is basically happening is Suresh Prabhu ji is giving Hon’ble Arun Jaitley ji Rs 12000 crore. This is the bottom line of what we are discussing today. Let it be for this year, Sir. But next year we should look at the Standing Committee recommendation, look at the discussions of Railway Convention.

I think this is beyond a political issue and I think the Indian Railway, as I speak for them, must keep all the money. No more debate. This year jo mil gaya, woh ho gaya.

Thank you, Sir.

Vivek Gupta speaks on The Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016

Posted on August 9, 2016 | by admin2 | Leave a Comment

Deputy Chairman Sir, aap ka bahut bahut dhanyavad ki aaj aap ne mauka diya iss Bill pe bolne ke liye. Sir, main thora sa samay lunga, thora sa indulgence chahunga, ki aaj iss Bill par humlog kyun bol rahe hain. Aisi kya samasya hain jo humlog address karna chah rahe hain?

Sir, 76,300 cases pending pare huye hain May 2016 tak. Karib karib 2 lakh rupiya bank-o ka phansa hua hain court cases mein. Aur bade corporate jo hote hain, jo bade corporate ka naam sunta hoon, unki ek ek case mein lagbhag 500 hearings hoti hain aur uske karan poora process delay hota hain. Issi sab cheez-o ko shayad humlog address karna chah rahe hain is Bill mein, jahan tak mujhe samajh mein aaya hain.

Aur iske elawa shayad, jo hamare Mananiya Vitta Mantri ne kaha tha pichle Session mein, jab Insolvency Act pass hua tha, ki yeh charon Act aayenge – so this is enabling a continuous legislation. Aur ek aur problem bataya gaya tha, jo recovery officer judicial authorities mein kaam karte, unke training kam hain.

Sir, mujhe samajh mein nahin aa raha ki problem yeh thi lekin solution kuch aur dikhaya gaya hain. Main chahunga kabhi Vitta Mantri hum logo ko bhi samjha de apni bhashan mein, jab woh karna chahein.

Mein quote karna chahunga sabse pehle: ‘The DRT will become the country’s first online court.’ Sir, yahaan par gaon mein bijli nahin hain, internet nahin hain, aur humlog online online kar rahe hain. Un logon ke bare mein bhi sochna chahiye jinke paas bijli ya internet nahin hain. Mujhe woh is Bill mein kahin nahin mila. Un logon ke bare mein nahin bhulna chahiye kyunki different karne wala jo hota hai unko hamesha victim kaha jata hain.

DRT mein jo jane wala hain woh garib aadmi hain, kyun ki ek bada bank jab garib aadmi par attack karta hain, usi ke liye mein bolna chah raha hoon. Woh toh bank ke paas online suvidha hain, DRT ke paas online suvidha hain, jo victim jayega unke paas online suvidha hain.

Sir, doosra jo problem hain, banks directly guaranters pe chale jate hain, borrowers ko chor dete hain. Banks ko jo selective powers milta hain, is par socha jana chahiye. Sir, banks ko private businesses ke bare mein bhi khayal rehna chahiye. Jisko cheques milta hain banks se ya kisi sarkari sanstha se, jo cheques bounce hota hain, jo 3 crore cases pending hain usme kitne cheque bouncing cases hain uske bare mein koi nivaran nahin hain. Finance Minister Ji ne kaha tha jab Insolvency Act paas hua tha, ki yeh cheque bouncing aur negotiable instruments ke bare mein bhi amendments layenge ki logon ko rahat mil sake jinke cheque bouncing cases hain, woh bhi nahin.

Sir, yeh samajh mein aaya ki asset reconstruction companies (ARC) ko bahut space diya gaya hain iss Bill mein. Coincidence hain jaise hi FDI unme 100% kiya giya hain, job hi uske maange hain Bill mein kar diya giya hain. ARC zaroori hain, desh mein pragati honi chahiye, hum uske khilaf nahin hain. Magar Sir, hum ek cheez chahte hain.

Hamari sari State Governments mein debt ki itni problem hain, thora unke bare mein bhi sochiye, ki unka karz kaise thik ho sakta hain. Hamare West Bengal Government jo hain, 3 lakh crore ke karz se guzar raha hain. Banks ka halka sa NPA hota hain, unko aap recapitalise kar dete hain, Bill modify karne le aate, thora sa States ke bare mein bhi sochiye. States bhi aap ki hain. Banks toh paisa kamane ke liye hain. States toh development ka kaam kar kar rahin hain. States ka saath aap ka 100% relation hain, banks ke saath phir bhi toh 50% rishtedari hain. Toh States ko jab takleef hota hain, toh States ko kyun nahin dhyan dete hain aap debt ke upar mein? Kyun nahin aap thora sa madat karte hain – kyun nahin unko re-capitalise karte, unko madat karte? Sir, iska jawab mein Vitta Mantri se aap ke madhyam se chahunga. Sir, States ka sara kharcha development mein hoti hain. Banks audyogic growth karte hain, States development aur social growth karti hain, iske bare main sochna chahiye.

Sir, hamare Vitta Mantri Ji ka ek qur quote yahan karna chahunga, jo unhone sadan mein diya tha kuch din pehle: “States have to solve their own problems because of some previous problems they had.” Sur, States cannot solve their own problems. Aap ek taraf baat karoge cooperative federalism, federal structure, constitution ki. Sir, kya humlog yeh man le Jaitley Ji ke bhashan ke baad ki yeh one-way federalism hone wala hain? This is failed federalism. Yeh kaun sa federalism hain? Sir, yeh spirit of federalism mein ek tarah ka bhashan toh nahin hona chahiye ki States apni samasyaon ka samadhan khud kare. Agar Central Government aisi tarah pallah jhar degi State Governemnts se, tab toh ho giya federalism. Sir, mujhe toh kabhi kabhar yeh lagte hain yeh sab neeti-o ko dekh kar ki yeh camouflaged centralism na ho.

Sir, yeh jo banks ko jo powers de rahi hain, yeh debt recovery tribunals yeh sab, banks ke saath hum jab deal karte hain, ek banking ombudsman hote hain. Mujhe lagta hain DRT ka bhi ek ombudsman hona chahiye kyunki bahut bar dekha giya hain ki banks apne records ko thik nahin karte. Sir, recently case aaya hain Kolkata mein, High Court mein pending hain, jahan bank ne ek property nilam ke liye nikali, uska inspection nahin karaya, usko nilam kar kar diya. Baad mein pata chala ki paisa bank ke paas aaya hua tha. Sir, is tarah ke mamle aur bhi ho sakte hain, safeguards iss Bill mein kahan hain, yeh hume nahin mila, yeh Vitta Mantri ko aapke madhyam se hume bataye.

Sir, kuch sujhav hain, ki DRTs badaya jaye, appellate tribunals badaya jaye, un mein jo vacancies hain unko aap bhariye, aur inki pehle proper training karaiye. Aur Sir, issi tarah, jo karz lene wala hain, uske bare mein bhi sochiye, unko bhi vichar-vimarsh ke liye bulaiye, unki bhi genuine wishes hain. Unko sab on board le ke yeh kaam kariye.

Thank you, Sir.

SS Roy speaks during a Calling Attention Motion on the impasse regarding appointment of judges

Posted on August 9, 2016 | by aitc | Leave a Comment

Sir, presently in the High Courts of our country there are 477 vacancies; and we all know how it has been caused. After this Parliament and the State legislatures passed the 99th Constitutional Amendment Bill, the Constitution Amendment Act and the NJAC Bill, the Supreme Court set it aside, calling it unconstitutional and void; the Minister’s statement is also on record in this regard.

Sir, over a period of time it has been held that the word ‘consultation’ in Article 366 has been understood as ‘concurrence.’ A new meaning has been imported into our Constitution. Not only under Article 366, there are several articles of our Constitution – like 124, 217, 127, 222 – where the word ‘consultation’ is there. And in all those cases, consultation is binding and the ordinary dictionary meaning is accepted. But only in the case of Article 366, ‘consultation’ has become ‘concurrence.’ So kabhi ha, kabhi na, ye dono jagah change kiya jaa raha hai. Arising out of this situation, the entire system of appointment of High Court judges has come to a standstill.

Now the Minister says in his statement, in para 6, that ‘it has been decided that the Government of India may finalise the existing MoP (Memorandum of Procedure) in consultation with the Chief Justice of India.’ So again, consultation will be interpreted as concurrence with respect to the Chief Justice of India. So it is not a consultation, it is concurrence. Hence it would have been better had the Minister used that term.

We have been reduced to that level and the Parliament has been ignored like anything. When the Parliament is in session, why isn’t the MoP discussed here? Why does the Government discuss it only with the Supreme Court and others? If suggestions have been invited from the public in general through the website of the Ministry of Law and Justice, why are the parliamentarians left in the dark? According to me this is an effort to ignore and undermine the existence of Parliament. This is why I am asking, why should the members not discuss? When the Parliament is in session, it is incumbent on the Minister to discuss the matter on the floor of the House. Otherwise, I think, as per my party’s point of view, the Government will bid goodbye to the greatest tradition of Parliament if we are kept in dark about the MoP.

This is a very serious issue, Sir. This is not a one-time affair, Sir. Once this MoP is accepted in some form or the other, this will continue to be in force for years together, nobody knows for how long.

Lastly, regarding the word ‘consultation’ – there should be an interpretation to the effect whether consultation means concurrence or not in each and every article of our Constitution. For that the Government should move a Bill defining the word ‘consultation.’

Thank you.