People will oust BJP from power in 2019: Abhishek Banerjee

National President of Trinamool Youth Congress and MP Abhishek Banerjee today took on the BJP at a rally in Medinipur. He also countered the Prime Minister’s ‘syndicate’ allegations against the party and said Trinamool is people’s syndicate, and that the people will dislodge the BJP from power in 2019.

Highlights of Abhishek Banerjee’s speech:

  • We are not a rich party like BJP. We do not have enough financial resources. We could not erect shades at this rally venue, like the BJP did by selling the country for crores of money. Those who cannot even erect a pandal properly are dreaming of winning in Bengal. The soil of Medinipur is one of struggle and fighting. This soil does not tolerate lies. People of Medinipur have not learnt to bow down.
  • Those who have come to this rally, braving the downpour, have come here not to listen to political speeches, but with the resolve to oust BJP from Delhi in 2019.
  • The Prime Minister addressed a rally here in this venue on July 16. It was titled ‘Krishi Kalyan Samabesh’. But one could hardly spot a farmer that day. They brought people from UP, Bihar, Odisha, and 10 districts. We have the details.
  • BJP does not understand the pain of farmers. The highest number of farmer suicides occurs in Maharashtra and Madhya Pradesh. If the Prime Minister really cares for them, he should organise a farmers’ rally in these States. More than 12,000 farmers have committed suicide. Seven farmers were killed, in the same way like Nandigram, in Madhya Pradesh. Nearly 80 children died in a hospital in Gorakhpur due to lack of oxygen. More than 120 people died due to demonetisation, while waiting in queues.
  • The Prime Minister did not utter a word on development. He only uttered lies after lies. There is autocracy going on in the country. Everyday names of stations are being changed, Red Fort is being given away to private entities, Taj Mahal is being insulted. Farmer suicides are increasing. Yet, the PM and BJP President are giving bhashan.
  • The Prime Minister said, Trinamool is running a syndicate. We are a syndicate of the people. Our syndicate ended the 34-year old misrule of the Left. The syndicate brought peace of Jangalmahal and Darjeeling. In the days to come, the syndicate will dislodge BJP from power.
  • We are ready to give our lives but we will not these people dupe the people of Bengal. We will not allow communal tension in the State. We believe in Hinduism of Swami Vivekananda not that of Yogi Adityanath. Our Hinduism does not talk of divisive politics, destruction or violence. We also have devotees of Ram in our party, but unlike their Ram Bhakts, we do not organized rallies with arms. Religion for Trinamool is a unifying force, not divisive force.
  • I want to ask the BJP what they have done for Hindus? They started a project to clean the Ganga, and allocated crores of rupees, but they could not even clean a pond. They only use Hinduism for politics.
  • We are not atheists ike the CPI(M). We do not indulge in politics over religion like the BJP. They allege that Mamata Banerjee indulges in Muslim appeasement. I want to tell them, Mamata Banerjee has worked for the development of both Furfura Sharif and Dakshineshwar. She has brought a tide of development to Gangasagar as well as Tarapith.
  • The Prime Minister said Durga Puja is under threat. He does not know Mamata Banerjee has started the Bisarjan Carnival at Red Road. My advice to the BJP is to first take care of the pandal and then think of Bengal. In 2018, the pandal broke. In 2019, the government will break.
  • Our leader has fixed our target from the July 21 rally stage. Her message was 42 out of 42 in 2019, BJP finish. This should be our motto. We did not concede ground to the CPI(M), neither will we concede ground to the BJP. Let us resolve to protect the unity, culture, harmony of Bengal with our lives. Let us rid Bengal of the dirt called BJP, in a democratic way.
  • Let them fight us politically. Those who think they can win in Bengal by communally polarising the people, I want to remind them that people of Bengal cannot be brought for money. This is our Bengal, our pride.
  • They say they will win 22 seats in Bengal. We have to ensure that they don’t even win in 22 booths. A secular government will be formed in India in the coming days. That government will be for the common people, the farmers. That government will work for the progress in every sphere.
  • The only clash in Bengal will be one between 10 crore people of Bengal versus the BJP, not Hindu-Muslim clash.
  • Today is the death anniversary of Mahasweta Devi. She had a deep connection to this district. My deepest respects to her.

Preserving trees is an essential duty: Mamata Banerjee at Vanmahotsav

Trees are extremely important for preserving the fabric of the environment, Chief Minister Mamata Banerjee said at a programme on Vanmahotsav at the State Assembly premises today. She stressed on the usefulness of trees, for the fabric of the environment was coterminous with the fabric of our society, both existing in their multitude of variety yet essentially in a state of harmony.

Salient points of her speech:

  • 50 lakh saplings will be distributed by the State Forest Department for planting across Bengal.
  • The State Government is distributing saplings through the Sabujshree Scheme too, wherein a sapling is given to the mother of a child born in a Government facility. These are valuable trees, whose wood can be sold after the child attains 18 years of age to fund educational and other needs of the child.
  • Without greenery there will be no life, no joy and laughter, and consequently, no peace and prosperity. Trees and plants are a salve for the eyes, and by extension, the mind.
  • We never try to divide people, be it on the basis of religion or anything else. We believe humanity is one, people are one and the same everywhere.
  • We abhor any form of artificially-created division. Thought, religion, language, colour of skin – these are points of difference for sure, but we are ultimately tied by the blood which flows in us, which has the same colour for every person.
  • We, the people of our great country, have been taught about the essential unity of humanity through the words and works of people like Rabindranath Tagore, Mahatma Gandhi, Kazi Nazrul Islam, Netaji, BR Ambedkar, Matangini Hazra and Pritilata Waddedar, Birsa Munda, Raghunath Murmu, Maulana Abul Kalam Azad, APJ Abdul Kalam and many others.
  • Rabindra Tagore had expressed in our national anthem, ‘Punjab Sindhu, Gujarat, Maratha, Dravida, Utkala, Banga’. We hail from different places and regions, we hail from different castes and creeds, but we are essentially the same.
  • Unity in diversity is the fundamental thought behind our society.
  • In a similar way, there are so many types of trees. But one is as much essential as the other, they live in harmony with each other. Respect trees as much we respect each other.

 

Saugata Roy makes an intervention on The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018

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Actually I have two small points; I do believe that this offence of trafficking is not known to the people in general. I saw a Hindi film called ‘Mardaani’ starring Rani Mukherjee which really brought out this problem of child trafficking. Would the Minister please consider promoting a film or films in different languages by noted directors to highlight the problem of particularly child trafficking?

The second question I want to ask that at the national level she has given the task of investigation to the NIA. The national investigative agencies are already overburdened with crimes concerning terrorism. I would like to ask her whether she would consider setting up a different national body for investigating crimes regarding trafficking? That would be very proper instead of burdening the already overburdened national investigative agencies.

Pratima Mondal makes an intervention on The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018

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I would like to request the hon minister that repatriation process should be taken care off, so that the girls who are getting trafficked, especially from Bangladesh or our neighbouring countries, can go to their homes as soon as possible. I was a chairperson in my district (South 24 Parganas) and I personally experienced that they are being detained year after year. So, please take care of the repatriation process.

Thank you, Madam.

 

Manish Gupta speaks on The Negotiable Instruments (Amendment) Bill, 2018

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Madam Chairman, I stand to support this Bill. I think in the middle of what is happening in the country today, we need to forge and understand new laws, so that, the future of our economic activity is not endangered by persons who have malafide intentions. In this respect, I think this particular Bill will serve the purpose to a certain extent. I don’t think that this Bill will have any great impact on the present situation, except as a step towards further improving the entirety of the problems.

Clause 2 of the Bill introduces Section 143 A, but it identifies two situations. One is the summary trial and other is the summons case. Now, Section 143 also gives power to the courts, to provide for 25 per cent to the complainer, while the case is in progress. A question has been raised, as to how the government arrived at this 25 per cent. It is a very arbitrary figure, and is a very cautious approach. What we need here is a bold approach and 25 per cent, I don’t think will have the desired effect. A much higher amount – like 30 or 40 per cent – would have given a decent incentive to people who issue cheques, which bounce in the banks.

It is very important to identify the causes of delay in the courts. We make laws, we bring up new legislations, but the general situation in delay in the courts has not been substantially solved. Today there are more than 30 lakh cases pending in the subordinate courts, and 35,000 cases are pending in the higher courts. Nobody has calculated when these decisions of the courts or convictions will be handed down, will be appealed again in the higher courts, so that means more time will elapse before justice is done.

However a silver lining is, that, recently in the Economic Survey, there is a chapter on justice delivery and courts. There is thinking in this regard that Our laws on dispute resolution can only be affected as the dispute resolution process themselves. Therefore, it is of utmost important that any legislation that the parties, who are involved in the dispute, must one way or the other be assured that their rights will be enforced in the court in the reasonable time.

The role of banks is important. RBI as the Central Bank has a very important role to play, although they are not involved in the court processes. The RBI’s recent track record indicates, as they have said, they don’t have adequate powers to deal with public sector banks. They have issued new guidelines for state’s assets in all the sectors – cement, power etc.

But the Central Bank cannot absolve itself of being more proactive. The people of India look up to the Reserve Bank. The Reserve Bank promulgates banking regulation. Banks charge Rs 300 for every representation of any bounced cheque. Reserve Bank needs to get more involved. New guidelines are unimaginative. The same guidelines have been recommended for many sectors. But each sector of economy has its own problem. This situation needs to be looked at more closely; even application of Section 421 of the CRPC. So all this will come into play when this Act is applied.

Therefore, although we support this legislation – it’s a step in the right direction – the government must keep on thinking as to what more they can do for the future.

Satabdi Roy speaks on The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018

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Sir, I rise to support the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2018. To showcase its commitment to combat human trafficking, we request the Government of India to ensure the following:

The due law must safeguard the non-liability of the victims of trafficking, empowerment of HST units across the districts in India, which has the authority to rescue and investigation throughout the case cycle, filing the registration of FIR, the arrest, of evidence, investigation or prosecution. Protocols and funds, coordination in interstate cases of forced labour should be made available to support officials and NGOs. Part of interstate transfer, including for loading and food and survivors for they are dependent. Adequate police protection should also be ensured in this transfer. Acknowledgement in critical roles of NGOs and support and corroborate combating trafficking, including labour trafficking and bonded labour. Adequate funding for rescued and further reinforcement for the new law of trafficking. On May 31, the Walk Free Foundation released its 2016 Global Slavery index which claimed that there were 45.8 million modern slaves around the world out of which 18.3 million were in India. The proposed law removes little of India’s modern slavery. It is a photocopy of a western approach.

Madam, main Standing Committee ke vajah se 2 -4 jail mein visit kiya. Vahan pe bahut saare Bangladesh ke log mile. Jail mein chaay (6) saal tak ke bachche maa ke saath jail mein reh sakte hai. Uske baad who nahin reh sakte. Uske baad kyun nahin reh sakte? Us samay bahut sare maa mere paas aaye the jiske bacche kaha hain unko pata nahin. NGO ke pass hain? Kaun se NGO ke pass hain? Kuch nahin malum. Unke paas koi support hain nahin. Jail mein aap kabhi jayenge to depression mein aa jayenge. Saat saal, dus saal trial hi ho raha hain, jis ke kuch result ho hi nahin raha hain.
Mein aur ek baat batau, jo aap sab ko malum hain. It is a very big racket, yahaan pe NGOs, homes aur police bhi saath mein jure hote hain. Ek bachche ko le aane se Rs 700 milte hain, unke liye bhi yeh sab karte hain. Yeh adoption ke bare me bhi mein bol sakti hoon. Pata nahin jo rules and regulations hote hain is mein jo log crime korte hain woh to nikal jate hain dusre line se, jo log sach much adopt karna chahte hain, kyun pahunch nehi pate hain? Kyun ki, itna files, itna rules hain. Lekin bacche bare ho jaye to unka adoption ka koi matlab nahin hain. Kitne log tadapte hain bachche ke liye. Aur mujhe ek baat bataya jaye. Jo aajayenge rehabilitation board se, panch saal baad mein ghar aaye ya panch mahine baad mein bhi ghar aaye, ghar usko society ki wajah se accept nahin karti.

Mein yeh manti hoon, rules, law, kanoon, kuch bhi society ko badal nahin sakte, kuch change kar sakte. Nahin toh crime bhi nahin hote iske baare mein. Main yeh request karungi, after yeh new law ke saath, bhagwan kare, society change ho jaye, badal ho jaye jiske saath humlog is society mein un logon ko accept kare , jo sach much problem mein hain, yeh society change ke liye humlog appeal korte hain.

We support this Bill, thank you.

Derek O’Brien speaks on The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities (Amendment) Bill, 2018

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Sir, all the Opposition members spoke. everyone has expressed themselves. There is an issue here on the quality of person who will be appointed. I don’t think anyone in the Opposition is suggesting that the post be left vacant. Nobody is suggesting that. The question is, do we have a professional who understands the issue. That’s all.

If the minister has changed the rules of the Bill, he must be congratulated for it. But, he has changed the rules, not the Act. What has caused a concern, is that we are doing legislation not for one person.

In the spirit of what you suggested, Sir, may I with your permission, Sir, through you, suggest to the House, that this is an issue which can be resolved. There are just two issues. We all want a qualified professional to be there. After that, we can resolve this issue by discussion.

Pratima Mondal speaks on The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018

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Sir, I rise to speak on The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2018.

Trafficking is not only a global concern but is also affecting a number of South Asian nations. It is commendable that India is taking pioneering action in formulating a comprehensive Bill. The new Bill proposes to prevent one of the most pervasive crimes affecting the most vulnerable persons. It ends at prevention, rescue and rehabilitation of the vulnerable target groups including women and children.

This Bill, however, does not propose much new things from what already exists. It however creates a new category of aggravated forms of trafficking, carrying a minimum punishment of 10 years, which may extend to life imprisonment. Some of the aggravated forms of trafficking included in the Bill are for the purposes of forced labour, begging, marriage and childbearing, which have already been included under the existing law. Similarly so-called ‘new offences’ such as administering hormones or committing trafficking by administering alcohol or drugs have already been included in the existing law.

The new Anti-Trafficking Bill appears to be flawed as there are provisions that are both problematic and make no sense. For instance, gradation of offences appears to be illogical. The Anti-Trafficking Bill categorises offences for certain purpose as aggravated forms of trafficking which carry a punishment of 10 years or life imprisonment. Logically, offences that are graded higher must be more serious or culpable than the Act that constituted trafficking under section 377 of the IPC, which attributes punishment from seven to 10 years of imprisonment and a fine. That is not the fact. Trafficking for the purpose of begging is considered aggravated whereas trafficking for sexual exploitation is simple trafficking.

Further, slavery and practices similar to slavery and servitude which form the most shocking forms of oppression and bondage as per domestic and international laws are also categorised as simple trafficking. Some of the provisions are also vague and impractical. The Bill criminalises a host of activities which lack culpabilities and criminal intent. As an example, this Bill authorises closure of premises which can be used as places for trafficking; therefore applied in the context of labour trafficking, this law would allow factories and farms to be closed down on complaints simply by police or any person.

The penal provision against promoting or facilitating the trafficking of persons are also vague. The aspects related to IT companies, travel goods and employment sites need more clarity. The provision for confiscation of properties has been addressed in a rather wide sense, therefore properties may be attached not only when they are used for an offence but also if they are likely to be used for commission of offence under the Act.

There is no guidance as to when and under what circumstances likelihood for the latter will arise, so as to warrant attachment of the properties. The Bill falls back on the outdated methods of rescuing and detaining victims in the name of rehabilitation.

Institutionalisation of victims in homes, apparently for protection and rehabilitation, is contradictory to their fundamental rights. The victims of trafficking, especially women who have been trafficked for sexual exploitation, need to be rehabilitated in homes or shelters which have the right environment for rehabilitation and integration into society rather than a hostile and unsafe environment resulting in trauma instead

Instead of streamlining enforcement, the anti-trafficking Bill encourages institutionalising by bureaucracy. Creating 10 different agencies including anti-trafficking officers, units, committees and the bureau at the district, State and national levels to counter the problem will result in chaos and policy indecision as well as passing the buck on questions of accountability.

Besides, none of the proposed authorities have any representation from the affected communities, whose participation and perspective are vital for addressing trafficking successfully. In fact, involvement of sex workers in the oversight committee and the anti-trafficking board was strongly recommended by the Supreme Court-appointed panel, in light of their effective role and contribution. This has been overlooked.

The problem of trafficking cannot be disassociated from poverty, livelihood, displacement and security. People have and will always move for work, whether out of distress or for better opportunities. Prisons cannot confine or capture the dreams and aspirations of people, specially the poor and the marginalised. Adopting an approach of imprisonment in jail to what is largely a socio-economic phenomenon is misplaced and unwise.

Before I conclude my speech I would like to refer to one incident which happened in an NGO-run home in the district of Jalpaiguri in Bengal. Child trafficking cases happened there and local and national level women leaders belonging to the ruling party were involved. If this is the present scenario then the slogan, ‘Beti Bachao’ is not only vague but is also just a showpiece.

Thank you, Sir

Prof Sugata Bose makes an intervention on The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018

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But I wanted to just correct an error in the listing of the business at number 15 because it’s such an important Bill, it says that this Bill is being moved to persecute offenders. I am sure this is probably a typographical error but it could also be a Freudian slip since so many vulnerable people are being persecuted in our country. I know that Shrimati Maneka Gandhi is a very kind-hearted person, she would not wish to persecute anyone, so before we proceed any further I think we should make a correction at number 15 of the List of Business, to say that this Bill will prosecute offenders. There is a big difference between persecution and prosecution.

Ratna De Nag asks a Question on ODF villages/districts

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Thank you very much, Madam. It is pertinent to point out here that out of 23 districts in Bengal, 14 have been declared Open Defecation-Free districts and out of 38,000 villages, 33,525 villages have been declared Open Defecation-Free villages with the active initiative of our Chief Minister.

Through you, Madam, I would ask the Hon’ble Minister, has the Ministry tried to find out, since the programme came into being, the impact of the programme on the health of the people? Have the toilets been made disabled-friendly? If yes, the details thereof.