Added: Jody Galante - Date: 01.02.2022 17:34 - Views: 27650 - Clicks: 1384
The legislation defines various types of sexual offences against children and provides penalties for such acts. The law has been viewed as a welcome step by most activists since it is gender neutral both male and female children are coveredit clearly defines the offences and includes some child friendly procedures for reporting, recording of evidence, investigation and trial of offences.
However, the issue of age of consent has generated some controversy. Age of consent refers to the age at which a person is considered to be capable of legally giving informed consent to sexual acts with another person. Before this law was passed, the age of consent was considered to be 16 years except if the woman was married to the accused, in which case it may be lower. The consent of the person is irrelevant. This post provides a snapshot of the key provisions of the Act, the debate surrounding the controversial provision and a comparison of the related law in other countries.
Key provisions of the Act. Taking into the recommendations of the Standing Committee, Women want sex Cade Parliament decided to amend certain provisions of the Bill before passing it. This provision was deleted from the Bill that was passed. The Bill as passed states that any person below the age of 18 years shall be considered. It prohibits a person from engaging in any type of sexual activity with. However, the implication of this law is not clear in cases where both parties are below 18 years see here and here for debate on the Bill in Rajya Sabha and Lok Sabha.
The increase in the age of consent to 18 years sparked a debate among experts and activists. Proponents of increasing the age of consent argued that if a victim is between 16 and 18 years of age, the focus of a sexual assault case would be on proving whether he or she consented to the act or not. The entire trial process including cross-examination of the victim would focus on the conduct of the victim rather than that of the accused see here and here. International comparison In most countries, the age of consent varies between 13 and 18 years.
The table below lists the age of consent and the corresponding law in some selected countries. The Union Cabinet approved the Model Tenancy Act, on June 2,for adoption by state and union territory governments. The Model Act has three primary objectives. First, it aims to regulate renting of residential and commercial premises by establishing conditions for tenancy, eviction, and management of the property.
Second, in regulating tenancy, it proposes mechanisms to balance and protect the rights of landlords and tenants. Last, it proposes a three-tier adjudicatory mechanism consisting of Rent Authorities, Rent Courts, and Rent Tribunals for speedy adjudication of tenancy related disputes.
However, note that rental housing is regulated by states as land, land improvement, and control of rents falls under the State List of the Indian Constitution. This Model Act is only a proposed framework that states and union territories may alter when passing their own tenancy laws.
In this blog, we provide a background on the rental housing market and explain some issues with the Model Act. Need for the Act. The draft National Urban Rental Housing Policy noted that urban areas face a ificant housing shortage and stated that this cannot be addressed by home ownership.
Ina Technical Group studying urban housing shortage estimated the urban housing shortage to be at 1. The Census noted that between 6. The Economic Survey noted that rental housing is a key way to address informality and shortage. It stated that rental housing enables mobility Women want sex Cade affordability for low-income segments, who may not be able to purchase housing. It also observed that a ificant portion of urban rental housing stock is vacant, attributing it to unclear property laws, poor contract enforcement, and rent control laws.
State governments regulate rental housing through various legislative tools including rent control laws. To prevent landlords from charging exorbitant rent and ensure affordable housing, these laws specify a ceiling on rent and put conditions on eviction of tenants. The draft Policy noted that rent control laws discourage private investment in rental properties.
It observed that rent control laws also skew arrangements towards tenants and lead to more litigation. This has eroded the trust of landlords in the regulatory system. A ificant share of the rental demand is addressed through alternate arrangements such as leave and agreements and informal leases.
A model law to regulate tenancy was first proposed in However, as of20 states including KarnatakaMaharashtraand West Bengal continue to have rent control laws. A few states including Madhya PradeshJharkhandand Chhattisgarh have repealed their rent control laws. Besides its key objectives, the Model Act also seeks to ensure affordability, formalisation and increase private investment in the rental housing market. The framework proposed under the Model Act may address some of these concerns.
However, experts have recommended supplementing this with other policy initiatives to meet these objectives. The draft Urban Rental Housing Policy noted that a repeal of rent control laws may increase private investment and availability of rental housing. However, it has recommended several other measures to ensure affordability of rental housing. These include: i provision of incentives such as tax exemptions and subsidies to tenants and home owners, ii encouraging public-private partnerships and residential rental management companies, and iii enhancing access to finance within the EWS and LIG sectors.
Concerns for right to privacy. The Model Act requires all landlord and tenants to intimate the Rent Authority about a rental agreement with a prescribed form.
The form requires both the tenant and the landlord to submit their Aadhaar s and attach self-attested copies of the card with the form. This may violate a Supreme Court judgementwhich states that requiring Aadhaar card or can be made mandatory only for expenditure on a subsidy, benefit or service incurred from the Consolidated Fund of India. Registering a tenancy agreement does not entail these, therefore making Aadhaar mandatory for registering a tenancy may violate the judgement. The Model Act also states that tenants and landlords will be provided with a unique identification after registering a rental agreement.
It is unclear if personal details of the parties such as PAN and Aadhaarwhich must be submitted along with the agreement, will also be made available publicly. If these are shared on the website, this may violate the right to privacy of the involved parties. The Supreme Court has included the right to privacy as a fundamental right. This right may be infringed only if three conditions are met: i there is a law, ii the law achieves a public purpose, and iii the public purpose is proportionate to the violation of privacy.
Sharing personal information of individuals may not serve a public purpose, and hence may violate the right to privacy of such individuals. Dispute redressal. The preamble of the Model Act and the background note accompanying the draft Model Act state that it seeks to establish a speedy adjudication mechanism for disputes linked to tenancy agreements. The Model Act specifies the timelines for resolution of cases linked with eviction and payment of rent. However, timelines have not been specified for certain cases.
For instance, no timeline has been specified within which the Rent Authority must resolve a dispute on withholding of essential services or revision of rent. Specification of minute details. The Model Act seeks to balance the tenant-landlord relationship by specifying rights and duties of both parties. However, it also caps the maximum possible security deposit amount that a tenant must pay to the landlord.
Further, a suggestive framework for the rental agreement also includes minute details on responsibility for repair and maintenance. If codified, these specifications may hinder flexibility in framing tenancy agreements. The BBMP Act, seeks to improve decentralisation, ensure public participation, and address certain administrative and structural concerns in Bengaluru. The Constitution 74th Amendment Act, provided for the establishment of urban local bodies ULBs including municipal corporations as institutions of local self-government.
It also empowered state governments to Women want sex Cade certain functions, authority, and power to collect revenue to these bodies, and made periodic elections for them compulsory. Urban governance is part of the state list under the Constitution. Thus, the administrative framework and regulation of ULBs varies across states.
However, experts have highlighted that ULBs across India face similar challenges. For instance, ULBs across the country lack autonomy in city management and several city-level functions are managed by parastatals managed by and able to the state. Several taxation powers have also not been devolved to these bodies, leading to stressed municipal finances. These challenges have led to poor service delivery in cities and also created administrative and governance challenges at the municipal level.
It adds a new level of zonal committees to the existing three-tier municipal structure in the city, and also gives the Corporation some more taxation powers. Certain common issues in urban local governance in India, with provisions related to them in the BBMP Act, are given below. Functional overlap with parastatals for key functions. The Constitution 74 th Amendment Act, empowered states to devolve the responsibility of 18 functions including urban planning, regulation of land use, water supply, and slum upgradation to ULBs.
However, in most Indian cities including Bengaluru, a majority of these functions are carried out by parastatals. For example, in Bengaluru, the Bengaluru Development Authority is responsible for land regulation and the Karnataka Slum Clearance Board is responsible for slum rehabilitation. The BBMP Act, provides the Corporation with the power and responsibility to prepare and implement schemes for the 18 functions provided for in the Constitution 74 th Amendment Act, However, it does not provide clarity if new bodies at the municipal level will be created, or the existing parastatals will continue to perform these functions and if so, whether Women want sex Cade ability will shift from the state to the municipal corporation.
This could create a two-fold challenge in administration. First, if there are multiple agencies performing similar functions, it could lead to a functional overlap, ambiguity, and wastage of resources. Several experts have highlighted that this lack of autonomy faced by municipal corporations in most Indian cities le to a challenge in governance, effective service delivery, and development of urban areas.
An Expert Committee on Urban Infrastructure had recommended that activity mapping should be done for the 18 functions. Under this, functions in the exclusive domain of municipalities and those which need to be shared with the state and the central government must be specified. Experts have also recommended that the municipality should be responsible for providing civic amenities in its jurisdiction and if a parastatal exercises a civic function, it should be able to the municipality. Stressed municipal finances. Indian ULBs are amongst the weakest in the world in terms of fiscal autonomy and have limited effective devolution of revenue.
They also Women want sex Cade limited capacity to raise resources through their own sources of revenue such as property tax. Municipal revenue in India s for only one percent of the GDP This le to a dependence on transfers by the state and central government. This has been attributed to limited powers to raise revenue and levy taxes, and problems in the management of existing resources. In comparison, Karnataka ranks high among Indian states in key indicators for fiscal capacity like collection of property taxes, grants from Central Finance Commissions, and state government transfers.
The BBMP Act, further increases the taxation powers of the Corporation, by allowing it to impose taxes on professions and entertainment. Experts have recommended that the central government and the respective state government should provide additional funds and facilitate additional funding mechanisms for ULBs to strengthen their finances. The revenue of ULBs can be augmented through measures including asment of greater powers of taxation to the ULBs by the state government, reforms in land and property-based taxes such as the use of technology to cover more propertiesand issuing of municipal bonds debt instruments issued by ULBs to finance development projects.
Powers of elected municipal officials. The executive power with state-appointed municipal Commissioners and elected municipal officers differs across states. States like Tamil Nadu and Gujaratand cities like Chennai and Hyderabad vest the executive power in the Commissioner.
In contrast, the executive power of the Corporation is exercised by a Mayor-in council consisting of the Mayor and up to 10 elected members of the Corporation in Kolkata and Madhya Pradesh. This is unlike large metropolitan cities in other countries like New York and Londonwhere elected Mayors are deated as executive he. Experts have noted that charging Commissioners with executive power diluted the role of the Mayor and violated the spirit of self-governance.
The Mayor is responsible for approving contracts and preparing the budget estimate for the Corporation. He is also required to discharge all functions ased to him by the Corporation. On the other hand, executive functions of the Chief Commissioner include: i selling or leasing properties owned by the Corporation, and ii regulating and issuing instructions regarding public streets.
The Expert Committee on Urban Infrastructure has recommended that the Commissioner should act as a city manager and should be recruited through a transparent search-cum-selection process led by the Mayor. A Model Municipal law, released by the Urban Development Ministry inprovided that the executive power should be exercised by an Empowered Standing Committee consisting of the Mayor, Deputy Mayor, and seven elected councillors. Management of staff and human resources. Experts have noted that municipal administration in India suffers from staffing issues which le to a failure in delivering basic urban services.
These include overstaffing of untrained manpower, shortage of qualified technical staff and managerial supervisors, and unwillingness to innovate in methods for service delivery. The BBMP Act, provides that the Corporation may make bye-laws for the due performance of duties by its employees. However, it does not mention other aspects of human resource management such as recruitment and promotion. A CAG report looking at the implementation of the Constitution 74th Amendment Act, in Karnataka has observed that the power to assess municipal staff requirements, recruiting such staff, and determining their pay, transfer and promotion vests with the state government.
This is in contrast with the recommendations of several experts who have suggested that municipalities should appoint their personnel to ensure ability, Women want sex Cade recruitment, and proper management of staff. Other states including KeralaMaharashtra and Tamil Nadu also allow the state governments to regulate recruitment and staffing for ULBs. In cities like Mumbaiand Coimbatoreand some states like Gujarat and Madhya Pradeshwhile the recruitment process is conducted by the respective municipal corporations, the final sanction for hiring staff lies with the state government.
Law prohibiting sexual offences against children sparks controversy over age of consent. Share Tweet Print. No comments. Kaushiki - June 13, Comments.Women want sex Cade
email: [email protected] - phone:(589) 615-4294 x 5501
Law prohibiting sexual offences against children sparks controversy over age of consent