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Report on Khap Panchayats The Law Commission has drafted a consultation paper on caste panchayats. A draft legislation titled “The Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill, 2011” has been attached to the consultation paper. The Bill prohibits people from congregating together to condemn a legal marriage on the ground that the said marriage has brought dishonour to the caste or community. Every member of such a group shall be punished with imprisonment of a minimum term of 6 months and a maximum term of 1 year. The member may also be liable to a fine of up to Rs 10,000. Under our criminal justice system, the presumption is that the accused person is innocent until proven guilty. This Bill reverses this presumption. It provides that if an accused person participated in an unlawful assembly, then it will be presumed that the accused intended to commit an offence under the Bill. The Commission has invited public comments on the consultation paper within 4 weeks. The comments can be sent by post or email to lci-dla@nic.in. A copy of the consultation paper is available at http://lawcommissionofindia.nic.in/reports/cp-Honour%20Killing.pdf. Report on compounding of offences including Sec 498A of IPC (harassment for dowry) The Law Commission has also submitted its report on ‘Compounding of (IPC) Offences. Compoundable offences are offences which allow the parties to enter into a private compromise. The Supreme Court in some recent cases had asked the Law Commission to identify more offences which could be treated as compoundable. Section 320 of the Code of Criminal Procedure lists the offences which are compoundable. Currently under the section there are 56 compoundable offences. Certain offences can be compounded only with the prior permission of the court. The Commission has recommended that Section 498A of the IPC (cruelty against a married woman by her husband or relatives) should be made compoundable with the permission of the Court. It has recommended that the magistrate should give a hearing to the woman and then permit or refuse the compounding of the offence. This has been recommended to ensure that woman is not coerced into compounding the offence. The other IPC offences that the Commission has recommended should be made compoundable include (a) Section 324 (simple hurt); (b) Section 147 (rioting); (c) Section 380 (theft in dwelling house); (d) Section 384 (extortion) and (e) Section 385 (extortion by threat to person). A copy of the report is available at http://lawcommissionofindia.nic.in/reports/report237.pdf
On November 28, 2012, the Comptroller and Auditor General submitted its report on the implementation of the Jawaharlal Nehru National Urban Renewal Mission (JNNURM). According to the report most of the projects initiated under JNNURM have not been completed. For instance with respect to urban infrastructure projects, only 231 projects out of the 1298 sanctioned projects have been completed. Similarly, with respect to housing projects, only 22 of the 1517 projects have been completed. Some of the other key recommendations of the report are:
The need and objectives of JNNURM According to the 2011 census India’s urban population has increased from 286 million in 2001 to 377 million in 2011 . With the increase in urban population, there is a requirement to improve the urban infrastructure and improve the service delivery mechanisms. With these specific objectives in mind, the central government launched the Jawaharlal Nehru National Urban Renewal Mission 2005-2006. The aim of the Mission is to encourage reforms and fast track planned development of identified cities (such as cities with a population of more than 1 million as per the 2001 census). JNNURM has two main components namely : (i) Urban Infrastructure and Governance and (ii) Urban Infrastructure Development for Small and Medium Towns. The duration of JNNURM was from 2005-06 to 2011-12. However, as the projects have not been completed the Government has extended its duration until March 2014. Funds for JNNURM The funds for JNNURM are provided through the Additional Central Assistance. This implies that the funds are provided as grants to the states directly from the centre. In the 2012 Union Budget, the central government has allocated Rs 12,522 crore for JNNURM. This represents around 10 % of the total central assistance through the different schemes to states and union territories in 2012-13. As on June 30 2012, 554 projects at a total cost of Rs 62,253 crore have been sanctioned under the Urban Infrastructure and Governance sub-mission of JNNURM. The table below shows the status of the sanctioned JNNURM projects in the different states. State wise status of the projects under JNNURM (as on August 6, 2012)
Name of State | Total Allocation (Rs Lakh) | Number of sanctioned projects | Completed Projects |
Andhra Pradesh | 2,11,845 | 52 | 18 |
Arunachal Pradesh | 10,740 | 3 | NA |
Assam | 27,320 | 2 | NA |
Bihar | 59,241 | 8 | NA |
Chandigarh | 27,087 | 3 | NA |
Chattisgarh | 24,803 | 1 | NA |
Delhi | 2,82,318 | 23 | 4 |
Goa | 12,094 | 2 | NA |
Gujarat | 2,57,881 | 72 | 40 |
Haryana | 32,332 | 4 | NA |
Himachal Pradesh | 13,066 | 5 | NA |
Jammu & Kashmir | 48,836 | 5 | NA |
Jharkhand | 94,120 | 5 | NA |
Karnataka | 1,52,459 | 47 | 22 |
Kerala | 67,476 | 11 | NA |
Madhya Pradesh | 1,32,850 | 23 | 7 |
Maharashtra | 5,50,555 | 80 | 21 |
Manipur | 15,287 | 3 | NA |
Meghalaya | 15,668 | 2 | NA |
Mizoram | 14,822 | 4 | NA |
Nagaland | 11,628 | 3 | NA |
Orissa | 32,235 | 5 | NA |
Punjab | 70,775 | 6 | 1 |
Puducherry | 20,680 | 2 | NA |
Rajasthan | 74,869 | 13 | 2 |
Sikkim | 10,613 | 2 | NA |
Tamil Nadu | 2,25,066 | 48 | 12 |
Tripura | 14,018 | 2 | NA |
Uttar Pradesh | 2,76,941 | 33 | 4 |
Uttarakhand | 40,534 | 14 | NA |
West Bengal | 3,21,840 | 69 | 15 |
Source: Jawaharlal Nehru National Urban Renewal Mission; PRS.