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IMPORTANT BILLS

INDEX - IMPORTANT BILLS

01. The Citizenship (Amendment) Bill, 2019 ............................................................................................ 1-2

02. The Constitution (One Hundred and Twenty-Sixth Amendment) Bill, 2019 ............................ 2-3

03. The Arms (Amendment) Bill, 2019 ....................................................................................................... 3

04. The Dadra, Nagar Haveli & Daman & Diu (Merger of Union Territories) Bill, 2019 ............... 3-5

05. The Special Protection Group (Amendment) Bill, 2019 ................................................................. 4

06. The Taxation Laws (Amendment) Bill, 2019....................................................................................... 4-5

07. The Recycling of Ships Bill, 2019 .......................................................................................................... 5

08. The International Financial Services Centres Authority Bill, 2019 ................................................ 6

09. The Prohibition of Electronic Cigarettes (Production, Manufacture, Import,

Export, Transport, Sale, Distribution, Storage and Advertisement) Bill, 2019 .......................... 6-7

10. The Supreme Court (Number of Judges) Amendment Bill, 2019 ............................................... 7

11. The Jammu and Kashmir Reorganisation Bill, 2019 ........................................................................ 7-8

12. The Dam Safety Bill, 2019 ....................................................................................................................... 8

13. The Code on Wages, 2019 ..................................................................................................................... 8-9

14. Draft Banning of Crypto currency & Regulation of Official Digital Currency, 2019 ............... 9

15. The Indian Medical Council (Amendment) Bill, 2019 ...................................................................... 9

16. The National Medical Commission Bill, 2019 .................................................................................... 10

17. The Right to Information (Amendment) Bill, 2019 .......................................................................... 11

18. The Transgender Persons (Protection of Rights) Bill, 2019 ........................................................... 11-12
IMPORTANT BILLS

19. The Protection of Children from Sexual Offences (Amendment) Bill, 2019 ............................. 12

20. The Motor Vehicles (Amendment) Bill, 2019 .................................................................................... 12-13

21. The Surrogacy (Regulation) Bill, 2019 ................................................................................................. 13

22. The Protection of Human Rights (Amendment) Bill, 2019 ............................................................ 14

23. The Unlawful Activities (Prevention) Amendment Bill, 2019 ......................................................... 14-15

24. The Muslim Women Bill, 2019 ............................................................................................................... 15-16

25. Data Protection Bill, 2019 ....................................................................................................................... 16-17

 IMPORTANT BILLS – 2019

on or before December 31, 2014, will not be

01. The Citizenship (Amendment) Bill
treated as illegal migrants.
2019
• Immigrants belonging to these communities
have also been exempted from Foreigners Act,
Citizenship Act 1955 at a Glance 1946 and the Passport (Entry into India) Act,
1920.
• It provides for citizenship by birth, descent,
registration, naturalisation and by incorporation of • Citizenship by registration and naturalization:
the territory into India. Act creates an exception for these
• It provides for rights and registration process for communities: 11 years’ requirement has been
OCIs. be reduced to five years.

• It defines illegal migrant as: A foreigner who either • On acquiring citizenship: all legal proceedings
enters India illegally or enters legally, but stays against them in respect of their illegal
beyond permitted time period. They can be migration or citizenship will be closed.
prosecuted in India and deported or imprisoned.
• Cancellation of registration of OCIs: Act adds
• Citizenship by registration or naturalization: 1)
one more ground --- if they violate the
Registration: if a person resides in India for a year
provisions of the Act or of any other law in
and if one of his parents is a former Indian citizen,
force.
he may apply for citizenship by registration. 2)
Naturalization: Person must have resided in India • Applicability: Provisions of the Act will not
or have been in service of GoI for at least 11 years apply to: 1) Tribal areas of Assam, Meghalaya,
before applying for citizenship.
Mizoram, and Tripura, included under Sixth
• Cancellation of registration of OCIs: GoI may Schedule 2) “Inner Line” areas notified under
cancel the registration: 1) OCI has registered the Bengal Eastern Frontier Regulation, 1873
through fraud 2) Within five years of registration,
OCI has been sentenced to imprisonment for two
years or more 3) In the interest of sovereignty and
security of India.

Highlights of the A ct

• The Act has amended the Citizenship Act 1955

to provide that the Hindus, Sikhs, Buddhists,
Jains, Parsis and Christians from Afghanistan,
Bangladesh and Pakistan, who entered India

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 IMPORTANT BILLS – 2019

• Passport (Entry into India) Act, 1920 mandates 02. The Constitution (126th Amendment
foreigners to carry passport. Bill, 2019)
• Passport (Entry into India) Act, 1946 regulates
Provisions of the Bill:
the entry and departure of foreigners in India.
• Bill extended the reservation for SC/ST up to
• Tribal areas under the 6 th schedule: Karbi
January 25, 2030 which was due to end on January
Anglong (in Assam), Garo Hills (in Meghalaya),
25, 2020.
Chakma District (in Mizoram), and Tripura Tribal
• This is 7th such 10-year extension since the
Areas District.
Constitution was enacted in 1950.
• Inner Line Permit: Visits by Indians to the areas
covered under ILP system are regulated. This • However, Bill has not provided for the extension
Issuesystem
aroundisthe Amendment
applicable Act
to: Arunachal Pradesh, for provision regarding the nomination of Anglo-

Mizoram, and Nagaland (Manipur has also been

Criticism Indians to Lok Sabha and Assemblies.

included recently) Who are anglo-Indians

• N-E India: 1) Assam accord of 1985: It states that
illegal migrants, irrespective of religion, who have
• As per Article 366 (2), Anglo-Indian is
come from Bangladesh after March 25, 1971,
considered to be someone who lives in India
would be deported. (Act grants citizenship to
and whose father or any of the male ancestors
illegal immigrants from 6 communities in its
belong to the European lineage.
violation) 2) The exercise of NRC updation in
Assam would become null and void. • This term is mainly used for British people who
are working in India and belong to Indian origin
• Violative of Article 14: Act discriminates against
community.
one particular religion by arbitrary classifying
• The Anglo-Indian term was defined in the
illegal immigrants on the basis of religion which is • Article 334 (a) and (b) lays down the provisions
prohibited under the constitution of India. (Right Government of India Act, 1935.
for the reservation of seats for SC/ST and
to Equality) representation of Anglo-Indian community in
Clarification and Support the Lok Sabha and State legislature, respectively.
• Reservation for SC/ST has been extended under
• Pakistan, Afghanistan and Bangladesh are Islamic
republics where Muslims are in majority hence Article 334 (a).

they cannot be treated as persecuted minorities. • There are 84 members from SC and 47 from ST
communities in Parliament. In state assemblies,
• In January 2019, GoI had appointed a Committee
there are 614 SC members and 554 ST
to suggest effective steps to fulfil the provisions of
Clause 6 under the Accord. members.
• Frank Anthony, first Anglo Indian to be
nominated, served for seven terms in the Lok
Sabha between 1952 and 1996
• Representation to Anglo-Indians was provided
2|Page
because the community has no native state of
its own and are almost never represented in
assemblies.
 IMPORTANT BILLS – 2019

Issues around the Bill • Bill provides for merger of UT’s of Dadra and
Nagar Haveli and Daman and Diu into a single UT.
Criticism
Amendment of the Constitution
• Joint parliamentary team undertook a fact-finding
mission In 2013: Its report says that there has been • Bill amends the First Schedule.
no improvement in economic and social sectors of
• Merged territory will form UT of Dadra and Nagar
this community and reservation has to be
Haveli and Daman and Diu.
continued.
Representation in Lok Sabha
GoI in the parliament has said that the issue of
extension of reservation for Anglo-Indians may be • First Schedule to Representation of the People Act,
considered at a later stage. 1950 provides one seat in Lok Sabha to each of
these UTs.
03. The Arms (Amendment Bill), 2019
• Bill seeks to amend the Schedule to allocate two
Lok Sabha seats to the merged UT.
Features of the Bill:
Jurisdiction of High Court
Aim is to decrease number of licensed firearms
allowed per person and increase penalties for certain • High Court of Bombay will continue to have
offences under the Act. jurisdiction over the merged UT.

• License for acquiring firearms: license must be Advantages

obtained to acquire, possess, or carry any firearm.
A person can obtain up to three
firearms lincenses.

• Ban on firearms without license.

• Increase in punishment.

• New offences:

o Forcefully taking a firearm from police or

armed forces.

o Using firearms in a celebratory gunfire

endangering human life.

04. The Dadar and Nagar Haveli and

Daman and Diu (Merger of Union
Territories) Bill, 2019

Features of the Bill:

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 IMPORTANT BILLS – 2019

• Currently, both UTs have separate constitutional the SPG security is years from the
and administrative bodies which lead to a lot withdrawn from a former date on which he
of duplicacy, inefficiency and wasteful expenditure. Prime Minister, it will also ceases to hold
be withdrawn from his the office of
• Help in furthering “Minimum Government,
immediate family Prime Minister.
Maximum Governance”.
members, unless the level
• The Bill states
05. The Special Protection Group of threat faced by the
that if the SPG
(Amendment) Bill, 2019 immediate family member
security is
warrants such security.
withdrawn from
Comparison
a former Prime

SPG ACT SPG (Amendment) Minister, it will

Bill 2019 also be

withdrawn from
• The SPG provides security • Bill states that his immediate
to the Prime Minister and the SPG will family members.
his immediate family provide security
members. to the Prime 06. The Taxation Laws (Amendment) Bill,
Minister, and 2019
• It also provides security to
members of his
former Prime Ministers
immediate family Features of the Bill:
and their immediate
residing with him
family members for a Currently, domestic companies with annual turnover of
at his official
period of one year from up to Rs 400 crore pay income tax at the rate of 25%.
residence
the date on which they
Others pay tax at 30% rate.
cease to hold the office. • It will also
provide security • Bill provides domestic companies with an option
• Beyond this period, the
to any former to pay tax at a rate of 22%, provided they do not
SPG security is provided
Prime Ministers, claim certain deductions under Income Tax Act.
based on the level of
and his
threat as decided by the • New domestic manufacturing companies will have
immediate family
central government. The an option to pay income tax at the rate of 15%,
members
threat must: (i) emanate provided they do not claim certain deductions.
residing with him
from a military or terrorist Payment of Minimum Alternate Tax (MAT) will not
at the residence
organisation, and (ii) be of apply to companies opting for new tax rates. (MAT
allotted to him.
a grave and continuing is applicable on Zero Tax Companies).
nature. • This security will
be provided for a
• The Act provides that if
period of five

4|Page
 IMPORTANT BILLS – 2019

Comparision with Asian Economies Advantages

07. The Recycling of Ships Bill, 2019

Features of the Bill

The Bill restricts use of hazardous material on ships

and regulates the recycling of ships.
Applicability:

i. any new or existing ship which is registered in

India,
It will allow companies to break even much ahead than ii. ships entering a port or terminal in India, or
under the previous regime. the territorial waters of India,
1. Lower taxes should, ideally, result is higher profit iii. any warship, or other ship owned and
margins: This will allow companies to pass on operated by an administration and used on
higher margins in form of lower product prices to government non-commercial service
consumers. iv. ship recycling facilities operating in India.

2. Lower corporate income tax rates will likely to • Ship recycling: Bill defines ship recycling as
prompt companies to invest more, raising their dismantling of a ship at a facility to recover
capital expenditure (capex). components and materials for reuse, and taking
care of hazardous material so produced.
3. These measures will eventually prompt these
companies to hire more employees. Need

Concerns • Ship recycling industry contributes $1.3 billion to

India's GDP.
• The revenue foregone will be to the tune of Rs
1.45 lakh crore a year. • In terms of global share, India recycles 30% of
1000 ships recycled.
• This has triggered concerns of fiscal slippage,
given that tax collections have been far below the • However, developed countries would not send
budgeted estimates. their ships to India citing lack of regulation to
prevent environmental damage and proper
• GoI has set a fiscal deficit target of 3.3% of GDP
disposal of hazardous materials.
for 2019-20. Lower tax revenues could upset the
fiscal math.

5|Page
 IMPORTANT BILLS – 2019

• Banning of e-cigarettes: Bill prohibits production,

08. The International Financial Services
manufacture, import, export, transport, sale,
Centres Authority Bill, 2019
distribution and advertisement of e-cigarettes in
India.
Bill provides for establishment of an Authority to
develop and regulate financial services market in • Storage of e-cigarettes: No person is allowed to
International Financial Services Centres in India. use any place for storage of any stock of e-

• Coverage: apply to all IFSCs set up under Special

Economic Zones Act, 2005.

• International Financial Services Centres Authority:

It will consist of nine members, appointed by GoI.

• Functions of IFSCA: It will regulate financial,

financial services, and financial institutions which
have been previously approved by different
regulator (such as RBI or SEBI) in an IFSC.

Need of IFSCA
cigarettes. Violation is punishable
• Banking, capital markets, insurance sectors in IFSC
Are e-cigarettes addictive?
come under different regulators like RBI, SEBI etc.
• A 2015 survey cited by Truth Initiative (an anti-
• Dynamic nature of business in IFSCs has
tobacco organisation) found that almost 60% of
necessitated the need for higher degree of inter
those who used e-cigarettes also smoked
regulatory coordination.
cigarettes, called as dual users.
• This will also improve the Ease of Doing Business.
• The misconception that “e-cigarettes are less
09. The Prohibition of Electronic harmful than other forms of tobacco is main
Cigarettes Bill, 2019 reason. Youth who use e-cigarettes are more likely
to smoke conventional cigarettes.
Features:
Why e Cigarettes were banned?
• Electronic Cigarettes: It defines e-cigarettes as
The total economic cost attributable to tobacco
electronic devices that heat a substance, which
use for all diseases in 2011 amounted 1.04% of GDP.
may contain nicotine and other chemicals, to
create vapour for inhalation. These include all The disease burden due to tobacco presents a
forms of electronic nicotine delivery systems, heat- formidable challenge to the country’s health care
not-burn products, e-hookahs, and other similar systems.
devices.
The government also cited Article 47 (DPSP) of
Constitution to justify the ban.

6|Page
 IMPORTANT BILLS – 2019

Indian Council of Medical Research (ICMR) had him.

cautioned against use of e-cigarettes citing studies
which noted that it could have adverse effects on
Legislative Assembly of J&K:
humans, which include DNA damage, cardiovascular
disorders, and adverse impact on foetal development • The total number of seats will be 107.
and pregnancy.
• Seats will be reserved for SC/ST in proportion
to their population.
10. The Supreme Court (Number of
Judges) Amendment Bill, 2019 • LG may nominate two members to Legislative
Assembly to give representation to women, if
Bill increases the number of SC Judges from 30 to they are not adequately represented.
33(plus CJI)
• Council of Ministers: UT of J&K will have a
Need Council of Ministers of not more than 10% of
total number of members in the Assembly.
• 59,331 cases are pending in Supreme Court.
• High Court: High Court of J&K will be
Strength: Strength of Supreme Court is common High Court for UTs of Ladakh, and
determined by parliament J&K.

Appointment of SC judges • Legislative Council of state of J&K will be

• Article 124 - appointments are made by the abolished.

President Rationale behind this move:

• The names are recommended by Collegium of 1. Article 370 mentions that the special status to
4 senior most judges plus CJI. J&K is a temporary provision

11. The Jammu and Kashmir 2. Article 35A (deriving its existence from Article

Reorganisation Bill, 2019 370) was seen as discriminatory on the basis

of gender, place of birth etc.
Bill provides for reorganisation of state of J&K into UT 3. After the repeal of Article 370, doors to private
of J&K and UT of Ladakh. investment in J&K would be opened, which
• Reorganisation of J&K: Bill reorganises into: would in turn increase the development
opportunities in the region.
(i) UT of J&K with a legislature
4. Increased investments would lead to increased
(ii) UT of Ladakh without a legislature.
job creation and improvement in socio-
• UT’s will be administered by President, economic infrastructure in the region.
through a Lieutenant Governor appointed by Criticism and legal challenges

7|Page
 IMPORTANT BILLS – 2019

• Legality of Presidential order: Article 370 itself • A poorly maintained, unsafe dam can be a hazard
cannot be amended by a Presidential Order. to human life, flora and fauna, public and private
assets and the environment.
• Misusing President Rule and Making Governor as
a substitute for elected assembly • India has had 36 dam failures in the past.

• Equating state assembly with constituent assembly Concerns

12. The Dam Safety Bill, 2019 1. The bill is too focused on structural safety and
not on operational safety.
Lok Sabha have passed Dam Safety Bill and Rajya
2. Many states say it encroaches upon the
Sabha is yet to pass the bill.
sovereignty of States to manage their dams,
• Bill provides for surveillance, inspection, operation, and violates the principles of federalism
and maintenance of all specified dams across the enshrined in the Constitution.
country.
13. The Code on Wages, 2019
It constitutes two national bodies:

• National Committee on Dam Safety: evolving It seeks to regulate wage and bonus payments in all
policies and recommending regulations regarding employments where any industry, trade, business, or
dam safety standards. manufacture is carried out.

• National Dam Safety Authority: implementing Code replaces four laws:

policies of National Committee, providing
(i) Payment of Wages Act, 1936
technical assistance to State Dam Safety
Organizations (SDSOs) (ii) Minimum Wages Act, 1948

Need: (iii) Payment of Bonus Act, 1965

• 5254 large dams are in operation in the country (iv) Equal Remuneration Act, 1976
and another 447 are under construction.
• Coverage: will apply to all employees.
• In this context, there is a need for uniform law and
• GoI will make wage-related decisions for
administrative structure for ensuring dam safety.
employments such as railways, mines, and oil
• Central Water Commission, through National fields, among others.
Committee on Dam Safety (NCDS), Central Dam
• State governments will make decisions for all
Safety Organization (CDSO) and State Dam Safety
other employments.
Organizations (SDSO) has been making constant
endeavours in this direction, but these • Gender discrimination: prohibits gender
organizations do not have any statutory powers discrimination in wages and recruitment for
and are only advisory in nature. work of similar nature.

8|Page
 IMPORTANT BILLS – 2019

Significance: • A person must declare and dispose of any

cryptocurrency in his possession, within 90 days
• This is expected to effectively reduce number
from the commencement of the Act.
of wage rates across the country to 300 from
about 2000-plus at present. • permits use of processes or technology underlying
cryptocurrency for experiment, research, or
• Codification of labour laws will remove
teaching.
multiplicity of definitions and authorities,
leading to ease of compliance . • GoI, in consultation with RBI, may issue digital
rupee as legal tender.
• It is expected to provide for an appellate
authority between claim authority and judicial • RBI may notify a digital currency recognised as
forum which will lead to speedy, cheaper and legal tender in a foreign jurisdiction, as a foreign
efficient redressal of grievances. currency.

Need for a national minimum wage Key Issues and Analysis

• It aims at ensuring a uniform standard of living • Bill bans all cryptocurrencies based on the risks as
across the country. potential use for money-laundering, risks to
consumers and threat to financial stability.
• At present, there are differences in minimum
wages across states and regions. • However, cryptocurrencies have potential benefits
such as better record keeping and more efficient
• National minimum wage may help in reducing
cross border payments.
these differences and provide a basic standard
of living for all employees across the country. • Several countries are trying to mitigate some of
these risks through regulations.
14. Draft Banning of Crypto Currency &
Regulation of Official Digital Currency • The definition of crypto currency is too broad and
Bill, 2019 may include various forms of digital tokens which
have not been generated through cryptography.
Cryptocurrency is defined as any information, code, or
token which has a digital representation of value and
has utility in a business activity, or acts as a store of 15. The Indian Medical Council
value, or a unit of account. (Amendment) Bill, 2019
Highlights of the Bill
Bill amends Indian Medical Council Act, 1956.
• Prohibit mining, holding, selling, trade, issuance,
It sets up Medical Council of India (MCI) which will
disposal or use of cryptocurrency in the country.
regulate medical education and practice.
• Indulgence in Prohibited activities is punishable
• Bill seeks to reduce the time period for
with a fine or imprisonment.
supersession of MCI from 3 years to 2 years

9|Page
 IMPORTANT BILLS – 2019

• During the period of suppression, government- (ii) Assessing requirements of healthcare

constituted Board of Governors will exercise related human resources and
functions of MCI as assigned under Indian Medical infrastructure,
Council (IMC) Act, 1956.
(iii) Ensuring compliance by State Medical
• GoI will soon come up with National Medical Councils of the regulations made
Commission (NMC) Bill that seeks to replace MCI under the Bill,
with a National Medical Commission and overhaul
(iv) Framing guidelines for determination
medical education system in India.
of fees for up to 50% of seats in private
Need medical institutions regulated under
the Bill.
▪ MCI was set up for setting standards for medical
professionals, new medical colleges and revision of • Medical Advisory Council: GoI will constitute a
curriculum, among others. Medical Advisory Council (representation to
states)
▪ Allegations of corruption against MCI office bearers
have been made from time to time. • Autonomous boards under supervision of
NMC: Each autonomous board will consist of
▪ To bring transparency, accountability and quality in
a President and four members, appointed by
governance of medical education, GoI decided to
GoI.
supersede MCI
• Entrance examinations: There will be a
16. The National Medical Commission Bill, uniform National Eligibility-cum-Entrance Test
2019 (NEET) for admission to under-graduate and
post-graduate medical education in all
Bill seeks to repeal Indian Medical Council Act, 1956. medical institutions regulated under the Bill. .

Features • Bill proposes a common final year

• National Medical Commission: Bill sets up undergraduate examination called National

Exit Test for students graduating from medical
National Medical Commission (NMC).
institutions to obtain license for practice.
• Within 3 years of the passage of the Bill, states
will establish State Medical Councils.

• NMC will consist of 25 members, appointed

by GoI

Functions of National Medical Commission:

(i) Framing policies for regulating medical

institutions and medical professionals,

10 | P a g e
 IMPORTANT BILLS – 2019

• Purpose of amendments is to provide for enabling

17. RTI (Amendment) Bill, 2019
provision under RTI Act to frame Rules regarding
salaries, allowances and conditions of service for CIC
It seeks to amend the Right to Information Act, 2005.
and ICs and State Information Commissioners.

RTI ACT 2005 RTI AMENDMENT Arguments Against Amendments

BILL 2019
• Dilutes independence of CICs and ICs: Now, GoI
determines salaries and service conditions of CICs
Term of Information The Bill removes this
and ICs.
Commissioners: Act states that provision and states
the CIC and other ICs will hold that GoI will notify • Dilutes status of CICs- CIC and CEC were kept at
office for a term of five years. the term of office the same footing. However, amendments tend to
for the CIC and the change this scenario.
ICs.
• Encroaches upon state jurisdiction: Now, GoI will
prescribe term, status and salary of State
Determination of salary: The The Bill seeks to
Information Commissioners
Act states that the salary of the amend these
CIC and ICs (at the central provisions to state • Lack of consultation: It was not put in public
level) will be equivalent to the that the salaries, domain and amendment did not undergo much
salary paid to the Chief Election allowances, and scrutiny.
Commissioner and Election other terms and
18. The Transgender Persons (Protection
Commissioners, respectively. conditions of service
of Rights) Bill, 2019
Similarly, the salary of the CIC of the central and
and ICs (at the state level) will state CIC and ICs
Features:
be equivalent to the salary paid will be determined
to the Election Commissioners by the central • Definition of a transgender person: Bill defines a
and the Chief Secretary to the government. transgender person as one whose gender does
state government, respectively. not match the gender assigned at birth.

• It includes trans-men and trans-women, persons

Need
with intersex variations, gender-queers, and
• The salaries, allowances and other conditions of persons with socio-cultural identities, such as
service of CEC and EC are equal to a Judge of SC, kinnar and hijra.
therefore, CIC, IC and State CIC becomes equivalent to
• Prohibition against discrimination: prohibits
a Judge of SC in such matters.
discrimination against a transgender person,
• But, functions of ECI and CIC and SIC are different including denial of service or unfair treatment.
(ECI is a constitutional body, but the CIC and SIC
are statutory bodies)

11 | P a g e
 IMPORTANT BILLS – 2019

• Right of residence: Every transgender person shall The Act recognises: 1) Penetrative sexual assault 2)
have a right to reside and be included in his Aggravated penetrative sexual assault 3) Aggravated
household. sexual assault 4) Usage of children for Pornographic
purposes -- and provides for appropriate
• Employment: No government or private entity can
punishment.
discriminate against a transgender person in
employment matters. The Bill enhances the punishments for certain offences

• Education: Educational institutions funded or

20. The Motor Vehicles (Amendment) Bill,
recognised by government shall provide inclusive
2019
education, sports and recreational facilities for
transgender persons, without discrimination.
Bill seeks to amend Motor Vehicles Act, 1988 to
• Health care: Government must take steps to provide for road safety.
provide health facilities including separate HIV
Act provides for grant of licenses and permits related
surveillance centres, and sex reassignment
to motor vehicles, standards for motor vehicles, and
surgeries.
penalties for violation.
• Certificate of identity for a transgender person: A
Features
transgender person may make an application to
District Magistrate for a certificate of identity, • Compensation for road accident victims: GoI will
indicating gender as ‘transgender’. develop a scheme for cashless treatment of road

• Offences and penalties: Bill recognizes several accident victims during golden hour.
offences against transgender persons and
• Motor Vehicle Accident Fund: Bill requires GoI to
provides for penalties

• National Council for Transgender persons (NCT): It

will advise GoI as well as monitor the impact of
policies and legislation with respect to transgender
persons. It will also redress the grievances of
transgender persons.

19. The Protection of Children from

Sexual Offences (Amendment) Bill,
2019

Bill amends POSCO Act, 2012. It seeks to protect

children from offences such as sexual assault, sexual
harassment, and pornography.

12 | P a g e
 IMPORTANT BILLS – 2019

constitute a Motor Vehicle Accident Fund, to intention to hand over the child after the birth to the
provide compulsory insurance cover to all road intending couple.
users in India. Regulation of surrogacy: Bill prohibits commercial
• Good samaritans: Bill defines a good samaritan surrogacy, but allows altruistic surrogacy.

and provides that they will not be liable for any • Altruistic surrogacy involves no monetary
civil or criminal action for any injury to or death of compensation to surrogate mother other than
an accident victim, caused due to their negligence medical expenses and insurance coverage during
in providing assistance to the victim. the pregnancy.

• Recall of vehicles: Bill allows GoI to order for recall • Commercial surrogacy includes surrogacy or its
of motor vehicles if a defect in vehicle may cause related procedures undertaken for a monetary
damage to environment, or the driver, or road benefit.
users. Purposes for which surrogacy are permitted
• National Transportation Policy: GoI may develop a • Couples who suffer from proven infertility;
National Transportation Policy, in consultation with
state governments. • Altruistic purposes;

• Road Safety Board: provides for a National Road • Not for producing children for sale, prostitution or

Safety Board, to be created by GoI. It will advise other forms of exploitation;

GoI and state on all aspects of road safety and • For any condition or disease specified through
traffic management. regulations.

• Penalties: Bill increases penalties for several Eligibility criteria for surrogate mother:
offences.
• a close relative of intending couple
Concerns
• a married woman having a child of her own;
1. With a Fund already existing to provide
• 25 to 35 years old;
compensation for hit and run accidents,
purpose of new Accident Fund is unclear. • a surrogate only once in her lifetime;

2. States have raised concerns about their • Possess a certificate of medical and psychological
powers being curtailed in the Amendment Bill. fitness.

• Registration of surrogacy clinics: Surrogacy clinics

21. The Surrogacy (Regulation) Bill, 2019
cannot undertake surrogacy related procedures
unless they are registered.
Bill defines surrogacy as a practice where a woman
gives birth to a child for an intending couple with the • National and State Surrogacy Boards

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 IMPORTANT BILLS – 2019

Functions: (i) advising GOI on policy matters (ii) laying members of the NHRC. woman.
down code of conduct of surrogacy clinics (iii)
supervising functioning of SSBs. Under the Act, The Bill provides for
chairpersons of various including the chairpersons
• Parentage and abortion of surrogate child: A child
born out of a surrogacy will be deemed to be commissions such as the of the National

biological child of intending couple. An abortion National Commission for Commission for Backward
of surrogate child requires written consent of Scheduled Castes, Classes, the National
surrogate mother and authorisation of appropriate National Commission for Commission for the
authority. Scheduled Tribes, and Protection of Child Rights,

• Offences and penalties: The penalty is National Commission for and the Chief

imprisonment and a fine. Women are members of Commissioner for Persons

the NHRC. with Disabilities as
22. The protection of Human Rights members of the NHRC.
(Amendment) Bill, 2019
Chairperson of The Bill amends this to

Bill amends Protection of Human Rights Act, 1993. SHRC: Under the Act, the provide that a person who
chairperson of a SHRC is has been Chief Justice or
Act provides for a National Human Rights Commission
a person who has been a Judge of a High Court will
(NHRC), State Human Rights Commissions (SHRC), as
Chief Justice of a High be chairperson of a SHRC
well as Human Rights Courts.
Court. .
THE PROTECTION OF THE PROTECTION OF
HUMAN RIGHTS ACT, HUMAN RIGHTS Term of office: The Bill reduces the term
1993 (AMENDMENT) BILL, 2019 chairperson and of office to three years or
members of the NHRC till the age of seventy
Composition of The Bill amends this to and SHRC - five years or years,
NHRC: Under the Act, provide that a person who till the age of seventy
the chairperson of the has been Chief Justice of years
NHRC is a person who the Supreme Court, or a
has been a Chief Justice Judge of the Supreme
of the Supreme Court. Court will be the 23. The Unlawful Activities (Prevention)
chairperson of the NHRC. Amendment Bill, 2019

The Act provides for two The Bill amends this to Bill amends Unlawful Activities (Prevention) Act, 1967.
persons having allow three members to
Act provides special procedures to deal with terrorist
knowledge of human be appointed, of which at
activities.
rights to be appointed as least one will be a

14 | P a g e
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 IMPORTANT BILLS – 2019

well. Declaring an organization as a terrorist

organization might not stop individuals behind it.

▪ Seizure of properties A specialised investigating

agency, NIA , cannot be dependent on state police
for approval for siezure of property related to
terrorism that has inter-state and international
ramifications.

Concerns

▪ Misuse: Experiences of Anti-terror laws such as

POTA (Prevention of Terrorism Act) and TADA
(Terrorist and Disruptive Activities (Prevention) Act)
reveals that they are often misused and abused.

▪ Against Individual Rights: It gives state vague

powers to detain and arrest individuals.

▪ Federalism: Some feel that it is against federal

structure since it neglects authority of state police,
given that ‘Police’ is a state subject under
Need
7th schedule.
▪ India faces increasing threats of terrorism and
therefore its counter-terrorism mechanism must 24. The Muslim Women Bill, 2019
be stringent.
Bill makes all declaration of talaq, including in written
Importance of designating individuals as terrorist:
or electronic form, to be void (i.e. not enforceable in
▪ Presently terrorist activities are more done law) and illegal.
by “Lone Wolf” who does not belong to any
organisation.

▪ Having a national provision to designate

individuals as terrorists would support India’s
demand to designate individuals such as Hafiz
Saeed and Masood Azhar as terrorists from
international organisations and other countries.

▪ Terrorist acts are committed not by only

organizations but by individuals as

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 IMPORTANT BILLS – 2019

Need
What is Talaq-e-biddat?
▪ Triple Talaq was held to be violative of Article 14 by
• If a man belonging to religion of Islam pronounces
SC in Shah Bano case 1986 and recently, in
talaq thrice either orally or in written form to his
ShayaraBano case in 2017.
wife, then the divorce is considered immediate
and irrevocable. ▪ GoI informed that 473 cases of Triple Talaq have
taken place after SC judgement in 2017.
• Supreme Court in ShayaraBano case (2017) had
declared the practise of Triple Talaq (talaq-e- ▪ Law will act as a deterrent to eradicate this social
biddat) as unconstitutional. evils.

Key features ▪ Triple Talaq is banned in more than 20 Islamic

countries including Pakistan.
▪ Any pronouncement of “talaq” by Muslim husband
to his wife in any manner will be void and illegal. 25. Data Protection Bill
▪ The Muslim husband may face punishment up to
Background:
three years in jail on pronouncement of Triple Talaq.
• Personal Data Protection Bill, 2019 is India’s first
▪ If Muslim husband pronounces “talaq”, then woman
attempt to legislate on the issue of data protection
and her children are entitled to receive
within the country.
an allowance.
• Bill derives its inspiration from draft bill proposed
▪ A Muslim woman is entitled to custody of her minor
by Justice B N Srikrishna committee.
children.
Highlights:
▪ The offence is also compoundable (i.e. the parties
may arrive at a compromise) • Bill trifurcates the data into three categories: 1)
Personal data: Data from which an individual can
▪ A person accused cannot be granted bail unless an
be identified like name, address etc. 2) Sensitive
application is filed by accused after a hearing in
personal data: like financial, health, sexual
presence of Muslim woman is conducted.
orientation, caste, religious belief etc. 3) Critical
Issue in Triple Talaq Bill personal data: Data that GoI may deem critical,

▪ Divorce is a civil matter and making Triple Talaq a such as military or national security data.

criminal offence is disproportionate to criminal • Data mirroring: Bill removes this requirement in
jurisprudence. case of personal data. Hence, only individual
▪ If husband is imprisoned, how he can pay consent for data transfer abroad is required.
maintenance allowance. • Bill requires sensitive personal data to be stored
▪ Penal provision in Triple Talaq can be misused like only in India. It can be processed abroad only with
Section 498-A of Indian Penal Code. approval of Data Protection Agency.

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 IMPORTANT BILLS – 2019

• Critical personal data must be stored and • Bill proposes “Purpose limitation” and “Collection
processed in India. limitation” clause to limit the collection of data for
“clear, specific, and lawful” purposes only.
• Bill mandates that the fiduciaries shall provide
any non-personal data when demanded by the • Right to be forgotten: It allows an individual to
government. remove consent for data collection and disclosure.

• Social media companies which are deemed • Penalties: Rs 5 crore or 2% of worldwide turnover
significant data fiduciaries need to develop their for minor violations and Rs 15 crore or 4% of total
own user verification mechanism. (one of the aims worldwide turnover for serious violations.
is to prevent trolling)
• Bill has granted individuals the right to data
• Bill provides for exemptions for processing data portability and ability to access one’s own data.
without an individual’s consent for “reasonable
purposes” such as security of the state, medical Data mirroring: The act of copying data from one
emergency etc.
location to a storage device in real time.

Data Principal: The individual whose data is being

stored and processed is called data principal.

Data Fiduciary: It may be a service provider who

collects, stores and uses data in course of
providing goods and services.

Data localisation: act of storing data on any

device physically present within the borders of a
country.
Positives

• Data Sovereignty: Strong data protection

legislation will help in ensuring it.
• Bill provides for creation of an independent
• Data localization: It will help law-enforcement
regulator Data Protection Authority, which will
agencies to access the data for the purpose of
oversee assessments and audits.
law enforcement.
• Each company will have a Data Protection Officer
Negatives
to liaison with DPA for auditing, grievance
redressal etc. • Data localization: In today’s cyber world, this may
not be relevant because encryption keys may still
be out of reach of national agencies.

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 IMPORTANT BILLS – 2019

• Compromising citizen privacy: Terms such as

national security or reasonable purposes are
open-ended and hence may lead to intrusion into
private lives of citizens by the state.

The Bill has been sent to the Joint Parliamentary

committee of both the houses for further deliberation.

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