Cabinet DecisionsLegislation Updates

The Union Cabinet chaired by Prime Minister Narendra Modi has approved the “General Elections to the Lok Sabha 2019” for the issuance of statutory notifications under sub-section(2) of Section 14 of the Representation of the People Act, 1951. It provides for calling upon the parliamentary constituencies to elect Members to the House of the People, on the dates to be recommended by the Election Commission of India in its Proceedings.

Impact:

The issuing of notifications would begin the election process for constituting the Seventeenth House of the People.

[SOURCE: PIB]

Ministry Of Law & Justice

Legislation UpdatesRules & Regulations

S.O. 1023(E)—In the exercise of the powers conferred by Section 169 read with Section 33 of the Representation of People Act, 1951 (43 of 1951), the Central Government after consulting the Election Commission hereby makes the following rules further to amend the Conduct of Elections Rules, 1961, namely:––

1. (1) These rules may be called the Conduct of Elections (Amendment) Rules, 2019.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Conduct of Elections Rules, 1961 in FORM 26,––
I. in PART A—
(i) for paragraph (4) and the Table thereunder, the following shall be substituted, namely:—
“(4) Details of Permanent Account Number (PAN) and status of filing of income tax return:

[Refer link for detailed notification: Notification]

Ministry of Law and Justice


Note: In accordance to the amended Form 26, five years’ returns are to be furnished, along with details of offshore assets. Along with this,  it would also require details under various heads of the candidate’s spouse, members of the Hindu Undivided Family (if the candidate is a ‘karta’ or coparcener) and dependents.

Legislation UpdatesStatutes/Bills/Ordinances

Lok Sabha passed “The DNA Technology (Use and Application) Regulation Bill – 2019” on 08-01-2019. The Bill has been formulated recognizing the need for regulation of the use and application of Deoxyribonucleic Acid (DNA) technology, for establishing identity of missing persons, victims, offenders, under trials and unknown deceased persons.

The purpose of this Bill is to expand the application of DNA-based forensic technologies to support and strengthen the justice delivery system of the country. The utility of DNA based technologies for solving crimes, and to identify missing persons, is well recognized across the world. By providing for the mandatory accreditation and regulation of DNA laboratories, the Bill seeks to ensure that with the proposed expanded use of this technology in this country, there is also the assurance that the DNA test results are reliable, and furthermore that the data remains protected from misuse or abuse in terms of the privacy rights of our citizens.

The key components of this Bill include: establishment of a DNA Regulatory Board; accreditation of DNA laboratories undertaking DNA testing, analysing, etc.; establishment of the National and Regional DNA Data Banks, as envisaged in the Bill, will assist in forensic investigations. This will aid in scientific up-gradation and streamlining of the DNA testing activities in the country with appropriate inputs from the DNA Regulatory Board which would be set up for the purpose.

The Bill will add value in empowering the criminal justice delivery system by enabling the application of DNA evidence, which is considered the gold standard in crime investigations.

Ministry of Science & Technology

Legislation UpdatesStatutes/Bills/Ordinances

Lok Sabha passed a bill seeking to replace Criminal Law (Amendment) Ordinance by placing a significant provision of death penalty to the convicts of rape of girls below the age of 12 years.

Minister of State for Home Kiren Rijiju stated that “Indian Penal Code provided for punishment to those convicted of raping a woman, but there was no provision for rape or gangrape of minor girls below 16 or 12 years of age. These are “very important provisions” which the government has proposed.

The bill stipulates stringent punishment for perpetrators of rape, particularly of girls below 12 years. Death sentence has been provided for rapists of girls less than 12 years. The minimum punishment in cases of rape of women has been increased from rigorous imprisonment of seven years to 10 years, extendable to life imprisonment.

This Bill would be a climacteric weapon in order to eradicate the menace of society.

[Source: PTI]