Sunday, August 14, 2011

Bill tabled to make disturbance of public order a cognizable offence attracting 5-year jail term

SALE OF ALCOHOLIC BEVERAGES TO UNDER 18 YEAR OLDS TO ATTRACT MORE SEVERE PUNISHMENT
GANGTOK, 11 Aug: The part-II of the Budget Session-2011 was held here at the Sikkim Legislative Assembly with the introduction of five amendments and one new bill in the house today. Interestingly, the Assembly will be convening to discuss and vote on the Bills after a fortnight, on 26 August.
The new Bill introduced today was the Sikkim Prevention and Control of Disturbance of Public Order Bill, Bill No. 10 of 2011 introduced by the CM who also holds the portfolio of the Minister of Home department.
The CM, it may be recalled, had hinted in the past of introducing rules and guidelines to check, what he called the destructive nuisance of people who resorted to different tricks and tools to obstruct projects and schemes.
The new Bill proposes to “prevent and control commission of offences or disturbance of public order”.

The Statement of Objects & Reasons in support of the Bill explains, “The Bill has been proposed to provide for a special law to address social vices and offences being committed disturbing public order which effect peace and tranquility. The State Government, after due deliberation, felt that there is need to deal with such types of offences effecting public order. This can only be effectively addressed by having an appropriate Law/ Rule in place. With this objective in view, the Bill has been framed.”
The Bill seeks to “disturbance of public order” a cognizable and non-bailable offence, which, upon conviction shall attract imprisonment of not less than five years and fine of Rs. 50,000. In the case of disturbing public order through drug abuse, this fine can be up to Rs. 1 lakh.
The Bill also proposes the setting up of special courts to ensure speedy trials.
The Bill includes an elaborate definition of disturbance to public order.
Causing disorder “affecting the life” of a community or a section of it”; acts which have “tendency or potentiality” to “cause breach of even tempo of life of a community”; holding of processions or hunger strikes or squatting or shouting slogans or waving black flags “or such other agitational methods” which could promote enmity or hatred or disaffection, have been explained as acts which can be seen as disturbing public order.
Also included in such acts are any acts which cause health hazard or threaten healthy life and security of others, harms “peaceful living”, causes public nuisance or imperils or annoys the public, extortion, drug abuse, employing child labour, drunkenness or smoking below 18 years of age or minors visiting bars and discotheques, or obstructing “any public works undertaken by government agencies”, digging or causing obstruction to public thoroughfare and laying of unauthorized pipes for water connection, unauthorized electric connection or “any other unauthorized connectivity in any form”.
Meanwhile, the first amendment bill to be introduced today was the Sikkim Ministers, Speaker, Deputy Speaker and Members of Legislative Assembly (Salaries and Allowances) Amendment Bill which was brought in by the Parliamentary Affairs Minister, DN Thakarpa.
The second amendment bill tabled was the Sikkim Panchayat (Amendment) Bill which was brought in by the RM&DD Minister, CB Karki. The amendment raises reservation of seats for women in panchayati raj institutions from the present 40% to 50%.
In the original Sikkim Panchayat Act, 1993, one-third of all seats in the Panchayats were reserved for women. This was subsequently increased to 40% through an amendment of Sikkim Panchayat Act in 2007. This will now be 50%.
The statement of objects & reasons included to the proposed amendment states: “Currently, the population of women is almost half the total population of the State. If the objective of the Constitution is to be fulfilled, proportionate reservation of seats for women must be provided in all Gram Panchayats and Territorial Constituencies of the Zilla Panchayts. Further, such reservation is also to be provided in the office of the Sabhapati and Up-Sabhapati of Gram Panchayats and Adhakshya and Up- Adhakshya of Zilla Panchayats.”
The third amendment bill, Sikkim Excise (Amendment) Bill was tabled by Minister Excise Department, Neeru Sewa. The amendment comes with a view to provide for severe punishment of imprisonment of upto five years and/or fine which may extend to Rs. 20,000 or with suspension or cancellation of license against the sale of liquor/ beer to the person below the age of 18 years.
Similarly, Minister in charge of Law Department, Chief Minister, Pawan Chamling introduced the fourth amendment bill, The Sikkim Civil Court (Amendment) Bill while the Fifth Amendment bill, The Sikkim Motor Vehicles Taxation (Amendment) Bill was introduced by the Transport Department Minister, TT Bhutia.
The amendment in the MVT Bill states that with a view to “ease the burden” felt by the people of Sikkim due to the enhancement of tax, the State Government has deemed it expedient to bring about the amendment through the Sikkim Motor Vehicles Taxation (Amendment) Bill, 2011 and reduce the rate of annual taxes by 10 to 30 percent for private vehicles and the rate of one-time additional tax by 50 percent for all categories of vehicles.
The proceedings of the house were chaired by Speaker KT Gyaltsen and was attended by all the members except the Burtuk MLA, PS Goley.

3 comments:

  1. The definition of 'causing public nuisance/disorder' seems very vague and subjective.

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  2. People in Sikkim already do not voice their opinion and are so scared of the silent diktat that run through the state that no one shall speak against the govt....with this Bill the govt is silencing people who already don't have a voice!! what use is democracy if the vox populi are not allowed to have their say!!!

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  3. Also included in such acts are...minors visiting bars

    Almost every single restaurant in Sikkim has a bar in it. The combo package is always 'restaurant-cum-bar'. So let's suppose me and my friends are minors and we visit a restaurant-cum-bar; we joke around, laugh out loud and maybe even sing a song or two. If this annoys another customer and he calls the police accusing us of "annoying the public", will me, my friends and the restaurant-cum-bar owner be sent to jail for 5 years? I apologize for asking this silly question but, because from the way it seems to me, the bill is so vague that it can be contorted by those in power to mean just about anything.

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