12-February -2025-Special-Article

PRIVATE MEMBERS’ BILLS IN RAJYA SABHA

Recently, two Private Members’ Bills were introduced in the Rajya Sabha. One bill aimed to mandate a minimum number of parliamentary sittings, while the other proposed amendments to the Protection of Children from Sexual Offences (POCSO) Act, 2012. These bills focus on improving governance accountability and strengthening child protection laws in India.

Bill on Parliamentary Sittings

Objective

• The bill seeks to establish a mandatory minimum of 100-120 sittings per year for Parliament.
• It proposes compensating for lost hours due to disruptions by extending sessions.
• The aim is to enhance legislative productivity and government accountability.

Past Recommendations on Parliamentary Sittings

• General Purposes Committee (1955): Suggested the idea of a fixed parliamentary calendar.
• National Commission on Constitutional Review (2002): Recommended at least 100 sittings for Rajya Sabha and 120 for Lok Sabha.

Current Scenario of Parliamentary Sittings

• The first Lok Sabha (1952-1957), under Prime Minister Jawaharlal Nehru, sat for an average of 135 days per year.
• The 17th Lok Sabha (2019-2024) had an annual average of only 55 sittings, the lowest in history.

Constitutional Provisions Regarding Parliamentary Sittings

Article 85 (for Parliament):

• The President summons each House as necessary.
• There cannot be a gap of more than six months between two sessions.
• The President can prorogue or dissolve the Lok Sabha.

Article 174 (for State Legislatures):

• The Governor has the power to summon, prorogue, and dissolve the Legislative Assembly.
• Similar to Parliament, there must not be more than six months’ gap between two sessions.

Bill to Amend the POCSO Act, 2012

Objective

• The Protection of Children from Sexual Offences (Amendment) Bill, 2024 seeks to make the existing law more victim-centric and enhance its implementation.

Key Provisions of the Bill

Mandatory 24-hour Reporting:

• Police or the Special Juvenile Police Unit must present the child before the Child Welfare Committee (CWC) and report the case to the Special Court within 24 hours.

Enhanced Victim Support:

• Ensures timely compensation for victims.
• Establishes structured legal procedures to assist victims.

Training for Stakeholders:

• Police, teachers, and childcare workers must be trained to handle POCSO cases effectively.

Need for the Amendment

• Rise in POCSO Cases: According to NCRB data, child sexual abuse cases have increased by 94% since 2017. Over 2 lakh cases have been registered as of May 2024.
• Delays in Compensation: The absence of a structured process causes long delays in compensating victims.
• Shortage of Trained Special Public Prosecutors: Many cases are not handled sensitively due to a lack of specialized prosecutors.
• Underreporting of Cases: Fear, stigma, and lack of awareness prevent many victims from reporting abuse.
• Absence of Support Persons: The POCSO Act lacks provisions for support persons, who assist victims legally and emotionally. 96% of cases lack proper victim support.
• Issue with Consensual Relationships (16-18 age group): Minors aged 16-18 engaging in consensual relationships can be charged under POCSO, leading to unfair legal consequences.
• Insufficient POCSO Courts: Many districts lack specialized POCSO courts, delaying justice.

What is a Private Member Bill?

• A Private Member Bill is a legislative proposal introduced by an MP who is not a minister.
• These bills help highlight important issues that may not be on the government’s immediate agenda.

About the POCSO Act, 2012

• The Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted to prevent and punish sexual crimes against children.
• It applies to both boys and girls and recognizes anyone under 18 years as a child.
• Confidentiality Clause: The identity of victims must be protected, and the media cannot disclose personal details.
• Mandatory Reporting: Anyone aware of or suspecting child abuse must report it to the authorities.

Conclusion

The introduction of these Private Members’ Bills highlights the urgent need for legislative reforms in India. While the Parliamentary Sittings Bill aims to ensure greater accountability and efficiency, the POCSO Amendment Bill seeks to provide better legal and emotional support to child abuse survivors. These proposals, if passed, could significantly improve India’s governance and justice systems.

Mains Question:

1. “Discuss the significance of mandating a minimum number of parliamentary sittings in India and analyze the need for amendments in the POCSO Act, 2012, to enhance child protection and justice delivery. (150 WORDS)”