All stakeholders, including citizens, NGOs, etc. have an important role in the law making process. But for many stakeholders, the process is not obvious or easily explained. In PRS, we often receive a number of requests from NGOs about how it is that they can get Parliament to make changes in legislation and what would be productive ways in which citizens can make a difference in the law making process. To address this, PRS has developed a short Primer on "Engaging with Policy Makers: Ideas on Contributing to the Law Making Process", in which we have tried to explain the process of how a Bill becomes an Act and some of the opportunities for citizen groups to become part of the process. Sometimes, large parts of a Bill that is introduced in Parliament may not be agreeable to some groups. In such cases there is a tendency among NGOs to sometimes decide to redraft the Bill. To the extent that NGOs think of redrafting a Bill as a tactical negotiating position, they may have a point in trying to redraft legislation. To the extent that NGOs think of such redrafting as a way to keep the discourse alive on the most important issues in any legislation, such efforts are welcome and useful. But if there is a belief that the Bill introduced in Parliiament will be withdrawn to introduce another Bill on the same subject as drafted by NGOs, then history suggests that the probability of that happening is close to zero. This is not a comment on the quality of the Bill that may be drafted by the group of NGOs, but rather a result of a complex set of issues about lawmaking in India. Despite the odds, there are some recent examples in which NGOs were able to bring about significant changes to Bills in Parliament. The Right to Information Act stands out as one of the best examples in recent times. On the recently passed Right to Education Bill, NGOs were able to exert sufficient pressure to bring about changes in the Bill, and also get the government to bring in an amendment Bill to make further changes. In the Seeds Bill which was introduced in 2004, the Government appears to have agreed to bring about important changes thanks to the efforts of a number of farmer groups approaching the government directly, and through their local MPs and political parties. It would be useful if we can get more examples/ comments/ suggestions about how some NGOs were able to bring about these changes in Bills. This will help more people understand how their voices can be heard in the corridors of power.

Recently, the Parliament passed a law that addresses the issue of sexual harassment in the work place.  The Bill, introduced in the Lok Sabha on December 7, 2010, drew on the 1997 judgment of the Supreme Court (known as the Vishaka judgment) to codify measures that employers need to take to address sexual harassment at the work place. (See PRS analysis of the Bill here). The Bill was first passed in the Lok Sabha on September 3, 2011.  It incorporated many of the amendments recommended by the Standing Committee on Human Resource Development that examined the Bill.  The Rajya Sabha passed it on February 27, 2013 without any new amendments (see Bill as passed by Parliament). We compare the key provisions of the Bill, the Standing Committee recommendations and the Bill that was passed by Parliament (for a detailed comparison, see here).

Bill as introduced Standing Committee recommendations Bill as passed by Parliament

Clause 2: Status of domestic workers

Excludes domestic workers from the protection of the Bill. The definition should include (i)  domestic workers; and (ii) situations involving ‘victimization’; Includes domestic worker. Does not include victimisation.

Clause 4: Constitution of Internal Complaints Committee (ICC)

The committee shall include 4 members: a senior woman employee, two or more employees and one member from an NGO committed to the cause of women. The strength of ICC should be increased from 4 to at least 5 (or an odd number) to facilitate decisions in cases where the bench is divided. Disqualifies a member if (a) he has been convicted of an offence or an inquiry is pending against him or (b) he is found guilty in disciplinary proceedings or a disciplinary proceeding is pending against him.
Members may not engage in any paid employment outside the office. Barring paid employment outside the office goes against NGO members who may be employed elsewhere. This clause must be edited. Deletes the provision that disallows NGO members to engage in paid employment outside.  NGO members to be paid fees or allowances.

Clause 6: Constitution and jurisdiction of Local Complaints Committee (LCC)

An LCC is required to be constituted in every district and additional LLCs at block level.  At the block level the additional LCC will address complaints where the complainant does not have recourse to an ICC or where the complaint is against the employer. The functions of the district level and the block level LCCs are not delineated clearly. It is also unclear whether the block level LCCs are temporary committees constituted for dealing with specific cases. Instead of creating additional LCCs at the block level, the District level LCC may be allowed to handle cases. A local member from the block may be co-opted as a member to aid the LCC in its task. Accepted.

Clause 10: Conciliation

The ICC/ LCC shall provide for conciliation if requested by the complainant.  Otherwise, it shall initiate an inquiry. Distinction should be made between minor and major offences. Conciliation should be allowed only for minor offences. Adds a proviso that monetary settlement shall not be the basis on which conciliation is made.

Clause 11: Inquiry into Complaint

ICC/LCC shall proceed to make inquiry into a complaint in such manner as may be prescribed. No suggestion. Inquiries will be conducted in accordance with service rules or in such manner as may be prescribed.For domestic workers, the LCC shall forward the complaint to the police within seven days if a prima facie case exists.  The case shall be registered under section 509 of Indian Penal Code (word, gesture or act intended to insult the modesty of a woman).
Sources: The Protection of Women Against Sexual Harassment at Work Place Bill, 2010; the Standing Committee on HRD Report on the Bill; the Sexual Harassment at Work Place (Prevention, Prohibition and Redressal) Bill, 2012; PRS.