Vivek Gupta speaks on The Child Labour (Prohibition and Regulation) Amendment Bill, 2012

Sir, mein aapke madhyam se kuch bolu, use pehle samvidhan ki do dharao ka Mantriji ka dhyan akarshan karna chahta hoon. Dhara number 24 hain ‘Prohibition of employment of children in factories, etc.’ Aur dhara number 23 jo hain woh bahut interesting hain – ‘Prohibition of traffic in human beings and forced labour.’

Sir, 18 saal hone se pehla hum bachhe ko vote nahin dene dete kyun who sahin galat ka faisla nahin kar sakta. 18 saal hone se pehla hum use shaadi karne nahin dete kyun ki uska mansik sthithi nahin hota hain shaadi karne ki. Toh Sir, 18 saal hone se pehle hum usko kaam karne ke liye kaise majboor kar sakte? Sir, mujhe yeh nahin samajh me aata ki 18 saal se pehle who kaise yeh sthithi mein aa jata hain ki faisla kar sake ki mujhe kaam karna chahiye ya nahin karna chahiye aur hazardous hain ki nahin hain? Sir, yeh choice toh un bachhe ko honi chahiye. Hum log kyun choice kar rahe hain ki who hazardous hain ki nahin?

Sir, jaise pichle class bachho ko repeat karwa jata hain jab woh lessons nahin sikh sakte, usi tarah 2012 mein kuch galtiyan jo pichli sarkar kit hi, iss sarkar ka dhyan akarshit karna chahunga main aapke madhyam se. Shayed Mantriji inn galtiyon ko sudhar de.

Sir, pichle saal main eek special mention diya tha isi subject mein. Usme maine sarvakar ko chetavni aura agar karne ka cheshta bhi kiya tha ki, Sir, artiste aur family enterprise main jo hain inko chor di gayi hain. Sir, maaze ki baat yeh hain ki jo hazardous industries hain woh family enterprise mein exempt ho jati hain. Maslan ke taur pe, carpet weaving, jisme kain baar bachhon ke haath mein suin ghus jaate hain, beedi banana, ghar ka kaam karna aur agricultural work. Sir, agriculture mein kuch kuch mein batana chahunga. Agriculture ko non-hazardous main rakha giya hain jab ki insecticides aur pesticides spray karna agriculture ka part hain.

Hamara Debu da hain, former IAS officer, aaj unhone ek maazedar cheez batayi jo mujhe bhi nahin pata thi. Bachho ko jan kheti-bari mein kaam kana hota toh unko mitti patne ke liye ya mitti mein haath sarna parta hain, ki unko nadi mein utarke kaam karna parta hain. Sir, yeh non-hazardous hain, phir bhi kayin bachhe beh jaate, kayin bachhe mitti mein dab jaate, mar jaate hain, magar woh non-hazardous reh jata hain. Iss liye mein chahta hoon, Sir, ki aap ke madhyam se Mantriji ka dhyan akarshit ho iss par bhi.

Sir, 12 lakh bachhe jo hain woh abhi bhi hazardous industries mein kaam karte hain, aur yeh kanoon hone ke bavjoot. Sir, aapke madhyam se mein Mantriji ko puchna chahta hoon ki, 12 lakh bachhon ko hum bacha nahin pa rahe hain, implementation yahan toh ho nahin pa raha hain, yeh kanoon main aur dhilayin agar ho jayegi to implementation mein aur barah nahin baj jaye.

Sir, antarrashtriye community jo hain woh bhi hum par hus raha hain, kyun ki kayin baar unho ne hum logon se agraha kiye hain ki International Labour Organisation ke convention number 182 mein, jis mein child labour ko eliminate karne ki baat hain, na hum uss pe ratify kar rahe hain na uspe koi jawab de rahe hain. Sir, mein chahunga aap ke madhyam se ki Mantriji iss mein bhi kuch roshni dale, iss pe bhi kuch jawab de.

Sir, ek maaze ki baat aur hain. Abhi Naqviji  ne kaha ki Standing Committee ki report number 40, usi report main ek bara maazedar observation hain. Yahan par toh hum sirf child aur adolescent kar rahe hain, kayin usko juvenile bola giya hain; par usse bhi ascharyajanak baat yeh hain ki har alag alag Act mein child ko alag alag define kiya gaya. Kahin uski umar 14 batayi jaati, kahin uski umar 16 batayi jati, kahin uski 15 batayi jati hain, uske definition alag alag hain. Mein chahungi ki Mantriji isi Act ke madhyam se child ko ek definition mein bandhe.

Sir, Mantriji shayed jante Right to Education jaise positive steps mein, child labour ghatke 12.6 million se 4.3 million ho gaya. Sir, ek last problem main batana chahunga iss Bill mein. Sir, sexual exploitation aajkal ek naya term aaya hain. Jab 1982 mein yeh Bill banaya giya tha tab sexual exploitation kiya tha hum log nahin jaante they. Adults ke liye sexual exploitation ka kanoon aa gaya lekin bachho ke liye iss Bill mein – yeh jahan kaam karenge, chahein family mein kare, chahein artist mein kare, jahan pe bhi kare inko sexual exploitation ho sakte hain – uske liye is Bill mein koi pravadhan, koi prevention nahin rakha giya hain.

Sir, mere kuch sujhaav hain iss par, ki child ko age mein nahin bandhe par school leaving ka darje diya jaaye, ki jab tak woh school se par ke na nikle, unko koi kaam mein nahin liya ja sakta. Jab district magistrate ko monitoring ke liye kaha ja raha hain, Sir, main chahunga ki local MP yak kam se kam uss elake se joh bhi MP hain unko bhi rakha jaaye, kyun ki who MP us area ko, logon ko samajhte hain.

Sir, hamari Didi ka maanna hain ki bachhe komal phool hote hain, jinko khulne ka mauka honi chahiye. Sir, inko skill development diya jayen, naukri karane ki vajaye inko training diya jaayen ta ki yeh bhi flourish kar sakey.

Sir, kuch Bangal ka examples dena yahan zaroori hain. United Nations ne hamari Didi ne ek programme launch kiya hain jiska naam hain Kanyashree. Sir, Kanyashree kiya hain? Kanyashree yeh tha, Sir, ki hamare logon ko larkiye jo hain unki jaldi shaadi ho jaati hain, yeh aam sachhayi hain. Unko delay karna bahut zaroori tha. Hum log chahte they ki woh pare, likhe, aapne poore potential realise kar sakey. Jab larkiya school mein parai-likhai kar rahin hogi, 18 saal tak, tab unko ek lumpsum rupiya mil sakega aur tab tak unko en mahina bhatta bhi milega. Sir, iska bahut bara asar aaya hain kyunki jisko sacrifice kar diya jaata tha, shaadi karayi jaati thi, woh rukh gayi hain, unko bacha di gayi hain aur woh kam se kam aapni bhavishya khud tair kar rahin hain.     

Isko United Nations ne appreciate kiye hain aur Central Government ne bhi appreciate kiya hain. Iska kuch asar ‘Beti Padhao, Beti Bachao‘ mein bhi dekhne ko milta hain. Sir, Yuvashree ek aur karyakram hain. Sir, iske baad hamari Didi ne aur ek interesting karyakram launch kiya hain, uske naam hain Sabuj Sathi. Ausatan mein dekha giya hain ki ek ghanta ek ladki ko samay lagta hain school pahunchne mein. Iske karan zyaadatar bachhe school chor deti. Toh iss ek ghante ko kum kaise kiya ja sakte hain? Toh iske liye Didi ki brainchild hain, un logon ko cycle diya gaya hain. Ab 10 minute se kam mein bhi inn bachhe school pahunchte aur school dropout rate Bangal mein toh bahut kam ho gaya hain. Agar isko Central Government nationally adopt kare toh bahut fayda ho sakti hain, aur inke social development ka bhi khaya rakha jaaye.

Sir, Aparajita bol ke malnourished children ke liye ek programme chalu kiya gaya hain jiske tahat Doordarshan bachhon ko awareness dila raha hain ki bachho ko parao, bachhe ko kaam pe mat lagao.

Sir, anth mein char liney aur bolna chahta hoon. Bachhon ki awaaz mein aapko samvodhan kar raha hoon, Sir: ‘Zara sa kaam hoon mein/ Phir bhi namukammal hoon mein/ Yahan miley hain sabhi/ Unko taalne wali.’

Thank you, Sir.

Vivek Gupta makes a Zero Hour mention on the desecration of a Sikh gurdwara in USA

Sir, through I want to bring to the House a very urgent matter. Sir, an incident occurred last week where a 34-year-old man broke into a gurdwara in Spokane in Washington state in America. Sir, the person committed a crime, desecrating a sacred gurdwara. Sir, he posed as a naked man and vandalised it. sir, such incidents are happening within our country also. The Sikhs have been a pillar of our Indian Democracy and have made a tremendous contribution to the freedom struggle of our country, and also contributed throughout these years.

Sir, through you I want to urge the Government to take urgent action. The Minister of External Affairs should get this matter properly investigated and give some comment. This should be condemned and action of the highest order should be taken. Thank you, Sir.

Vivek Gupta makes a Zero Hour Mention on Zika virus

Zika virus ke bare me Bharat Sarkar aur jo hamare Swasthya Mantralay hai unko koi jaankari nahi hai, ekdum chup chap baithe huye hai. Iska na kuch prevention kiya jaa raha hai, na monitoring kiya ja raha hai, na iske liye koi kit hai.

Sir, iska outbreak India mein hona hi hai aur hamesha ki tarah outbreak hone ke baad iska ek upay kare, isse achha hai ki ispe jald se jald karwahi kiya jay aur iska prevention ka upay kiya jay.

Sir, ye Dengue virus ki tarah dikhta hai aur hamare doctors ne yeh bhi maan liya hai ki bahut saare cases jab Dengue ka hai woh shayad Zika ke bhi honge.

Sir, Indian Medical Association ne advisory tak issue kar diya hai pregnant woman waha nahi jaye, iske alawa ispe koi karwahi nahi ki hai. Is liye, Sir, main sadan ka zyada samay barbad na karte huye mai aapke madhyam se chetavni dena chahta hu ki ispe jald se jald karwahi kiya jay. 

Vivek Gupta’s Zero Hour Mention about delay of justice for rape victims

Sir, recently the country observed the third anniversary of the Nirbhaya rape case. But still, we are sorry to say, that lack of forensic infrastructure is causing inordinate delay in getting justice to all women who have been raped or physically abused.

Sir, newspaper reports suggest that it is so glaring that the Government is not even able to come up with proofs in the fast-track courts. As an illustration, the national capital itself, between 11 police districts in the city, there are only two forensic laboratories, out of which one is not functioning properly.

Even the Parliamentary Standing Committee on Home Affairs has expressed extreme displeasure for this sorry state of affairs. Sir, the need of the hour is to submit time-bound reports for cases as well as expanding the existing capacity of forensic laboratories in the country.

The matter needs the urgent attention of the Government because of the lives of so many victims, specially women associated with domestic violence.

The Government needs to show all the seriousness to take necessary action in this regard.

Thank you, Sir.

Vivek Gupta speaks on the Prevention of Corruption (Amendment) Bill, 2013

Corruption is probably one of those words that are most commonly understood by the Indian people. However Sir, before we start talking about the corruption we must understand that there are two different types of corruption.

One is the senior citizen who is not getting his pension, he is forced to resort to corruption to start getting this pension or the people who don’t get their ration or basic common facilities and amenities; then have to resort the corruption. We as a united country have failed to provide people some basic common necessities and which is why they have to resort to corruption.

The other is, Sir, where someone in position of power or influence uses his position to give some benefit which is not due to some group of people. It is that corruption that we should tackle and come very hardly on.

We should first look at the basic root of corruption. Sir, one of basic root of corruption is black money. And it is no secret that black money has its origins in election funding. Herein comes my party Supremo and popular leader Hon’ble Mamata Banerjee. You know she was first one to talk about electoral reforms; it is even mentioned in the election manifesto of Trinamool Congress. We believe in massive comprehensive electoral reforms drawing on international base practices so that the corrupt and criminals do not becomes the people’s representatives.

We also believe that to reach this goal of corruption free politics, time has come for the nation to adopt government funding of elections which is already functional in many nations of the world including UK, Germany, France etc .

Sir this Bill has several defects. I am just outlining a few one of them so that through you I can draw the attention of the Hon’ble Minister who, if he so wishes, correct them.

Sir, all relatives of the person have been left out. This is a very important ommission. Family and friends are one of the most important forms of the corruption that has been left out completely. They have not been included in this Bill. If I do not wish to be part of the corruption directly I can always ask to take the money or the draft to my wife or my father or my family or friend. That has been left out completely.

Sir, we have witnessed in the past that people who are sitting in eminent positions have asked the corruption to be given to the charities or to the companies they own. That also has been left out in the definition of corruption in the Bill. I would not like to take the name but a previous Election Commissioner got money from a political party into his favorite charity. After that what happened the world knows.

Sir, lobbying is a dirty word or a good word I don’t know. But lobbying activities are not at all covered. Sir, it is an open fact and open secret that lobbying takes place in India both at public policy and political levels. However it happens in hush-hush manner in the name of funding, in the name of NGOs; it is also one very effective tool used by people for corruption. Lobbying is also not included in this Bill.

Sir, recently a magazine featured an article how public servants are regularly getting free tickets of airlines and upgrades in airlines and most of these public officials belong to be ministry of civil aviation. Now it is an open understanding that it is a quid pro quo. These are also not included in the definition of corruption.

Sir there is Supreme Court case going on where a major Corporator has said that whenever a politician writes a recommendation letter we give them jobs. Now whether there is a quid pro quo involved or not that they did not spell out. But these possibilities, these definitions have not been included in the Act. Sir, I would not like to repeat but just reiterate that the post retirement posting of all people does influence these people to take their decisions.

Sir, this Bill has severely diluted the procedure to prosecute public officials. The requirement of intentional enrichment and the onus of the proof on the prosecutions will make it much more harder for advocates of anti-corruption. The prosecution will need to prove the position of unexplained assets as well as intention to enrich oneself. It may be difficult to be prove that the intention to amass wealth above the description of law.

Sir, in the previous Bill at least collusive bribery, where both parties have benefitted, and cursive bribery had a differentiation. Sir, through you I would like to draw the attention of the Hon’ble Minister that cursive bribery has been left out where citizen is compelled to give bribes. This is the one scenario I referred to in my earlier speech where the citizen is forced to pay the bribe.

Sir, towards the end of my speech, I would like to give a few quotes by Hon’ble Mamata Banerjee:

“Black Money leads to money power, money power leads to muscle power. Money and muscle power are together a toxic combination for parliamentary democracy.”

“I have referred to the 14 cases to the central agency but it did not take up those.”

Sir, the Supreme Court has referred to the CBI as a caged parrot and His Master’s Voice. Sir if a body like the Supreme Court refers to such examples that means something is wrong there. Hindi mein kehte hain bina aag ke dhuwa nahi hoti hain. So that means there is something.

Sir, what would suggest as a party is to make the CBI more powerful, more transparent and independent of its political master. Our last suggestion is to expand the definition of offences of bribery and compulsory disclosure by company’s expenditure on  bribery.

Special Mention by Vivek Gupta regarding open defecation

Concern over practice of rampant defecation in the open in the country

Sir, this is to draw the attention of the House that the World Health Organisation and the United Nations Children’s Fund (UNICEF) estimate that there are more than 620 million people practising open defecation in the country; over 50 per cent of the population.

Moreover, the latest Census data reveals that the percentage of households having access to television and telephones in rural India exceeds the percentage of households with access to toilet facilities. The economic impact of inadequate sanitation is about Rs.2.4 trillion ($38.4 million) or 6.4 per cent of India’s Gross Domestic Product, according to the Water and Sanitation Programme.

Here, Nadia district in West Bengal has achieved the task of becoming the first district in India to end open defecation. The Chief Minister of West Bengal has applauded this major success through the ‘Sabar Shouchagar Initiative’.

Nadia district administration in record 18 months increased the toilet coverage in the district from 66 per cent in July 2013 to 100 per cent by March 2015. About 5.16 million citizens of the district attained access to sanitary toilets. A staggering 3,55,609 toilets were built in record time.

While the frontline workers highlighted hazards of open defecation, anganwadi workers inspired masses for a better living. About 8.5 lakh school children from 4,240 educational institutions pooled their efforts to make the district Open Defecation Free.

The transformation of Nadia to Open Defecation Free district is a story of commitment, thoughtful leadership coupled with overwhelming community participation.

 

 

Trinamool raises Cyclone Komen issue in RS, demands Central aid for affected people

Trinamool Congress raised the issue of getting immediate relief from Centre for flood-affected people in Bengal in the Rajya Sabha during Zero Hour.

Speaking on the issue, MP Vivek Gupta said that the West Bengal Chief Minister has stated that the total damages have been estimated at Rs 30000 crore due to the floods, but yet Bengal has got no response from the Central Government.

He pointed out that 12 districts have been affected, 100 people have died and lost their lives, yet the Central Government has not responded till now.

Trinamool urged the Central Government to provide immediate relief to the people of West Bengal.

Click here for the full transcript.

Vivek Gupta makes a Zero Hour Mention demanding immediate relief from Centre for flood-affected people in Bengal

Full Transcript

The Chief Minister has stated that the total damages have been estimated at 30000 crore due to the floods, but yet we have got no response from the Central Government.

Sir, the Indian Army has given us full protection. 12 districts have been affected, 100 people have died and lost their lives, yet the Central Government has not responded till now.

Sir, through you I wish to draw the attention of the Central Government to provide immediate relief to the people of West Bengal.

Thank you.

Vivek Gupta speaks on the Companies (Amendment) Bill, 2014 | Full Transcript

Full Transcript

Sir, thank you for giving me this opportunity to speak on this Bill. Our Chief Minister, Ms. Mamata Bandyopadhyay, who is a champion of the MSME sector, has inspired me to stand here and speak on these amendments which appear to be technical in nature. But, in fact, I feel it is a half-hearted attempt.

Sir, I have a few suggestions to make. These amendments may be good, and these must have been debated. But, through you, I want to raise some practical points which the hon. Finance Minister can consider because I feel a second round of amendments will be necessary and he would be very shortly bringing them before the House.

Sir, a number of partners per audit is allowed. On the basis of a simple mathematical calculation of the number of companies that are there in India and the number of auditors that are available to audit them, the figure does not come down to 20 that is prescribed in this Bill. On the one hand, we talk about promoting entrepreneurship but, on the other, we have weakened all avenues for an entrepreneur to raise funds, from friends, families or related parties, under section 185.

Sir, for filing, the fee has been increased tremendously and for every small document, it has been increased to Rs. 500/-. Sir, this will affect the poor entrepreneurs who want to start their businesses.

Sir, another anomaly that this Act fails to address is the difference of depreciation that has been computed under the Income Tax Act and the Companies Act. Sir, 40 per cent of the Act is yet to be enforced. We do not know as to what is the fate of the 40 per cent of the Act. The most frequent word used throughout the Act is ‘as may be prescribed’ throwing it open for wide interpretation and litigation.

Sir, entrepreneurs and businessmen come together to do business by floating companies because they are all threatened with imprisonment. Again this has also not been addressed properly. The major deterrents should be addressed only in most serious cases and, that too, when it is proven beyond reasonable doubt.

Thank you, Sir.

Vivek Gupta speaks on the Appropriation Bill & Finance Bill | Full Transcript

Full Transcript

Sir, I thank you for giving me this opportunity. Sir, I stand here today to speak on these Bills and I can’t help but remember two ladies in my life. One is Mother Teresa and the other one is our Chief Minister. I start with a short quote from Mother Teresa.

 “It is not how much we give, but how much conditions we put into giving.”

Hon. Finance Minister, Arun Jaitley ji, was very kind and gracious enough to include Bengal in the category of Special Package. We were all very happy in Bengal. But this happiness turned into gloom when we realised that these companies will have to pay MAT on it.

So, in effect, there will be no cash left in their hands which they can then reinvest in the business or reuse. The next point that I want to make is this. In Bengal, the Government is the biggest litigant and frequent changes in tax laws are not helping matters at all. In fact, even the international community says that frequent changes in tax laws is one of the biggest problems which they find when they want to either invest in India or come to India. There is always this uncertainty about India.

Sir, my next point would be that we are concerned about some sections in the Finance Bill and also reports in the media that the Government now proposes to tax all subsidies and incentives received. We don’t receive the subsidy or incentive, but the taxman is ready to take money, so we have to put money from our pocket. I would request the hon. Finance Minister, through you, if it is possible, to please clarify the stand on whether this tax on subsidy and incentive is applicable to individuals as well.

Sir, the last point is about giving powers to income tax people whereby they can send the people to jail. It is like stepping into dangerous waters, especially when there is no reciprocal arrangement. When they harass taxpayers, they do not face similar action. I would request that even harsher penalties be imposed on them when it is proven beyond reasonable doubt that they have harassed taxpayers.

With this, I thank you, Sir.