Two important pieces of legislation dealing with matters as serious as mob lynching and honour killing were introduced as bills in the Rajasthan assembly today. However, activists and civil society members are upset that this was done without any consultation with the public or even key stakeholders. They fear the bills are being rushed without following the correct process, and have now issued a statement.
The activists led by Aruna Roy, Nikhil Dey, Kavita Srivastava, Lad Kumari Jain, Renuka Pamecha, Mamta Jaitaly, Nisha Siddhu, Nishat Hussain, Pawan Surana, Sumitra Chopra, Harkesh Bugalia, Kailash Meena, Prem Krishan Sharma and M. Hasan have issued a public statement to this effect. They welcome the two bills namely, The Rajasthan Protection from Lynching Bill, 2019 and The Rajasthan Prohibition of Interference with the freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill, 2019. However, question why the drafts were created unilaterally without any consultation or inputs from stakeholders. The statement says, “This unilateral creation of draft bills and finalizing it without any public input of the stakeholders, is a non-compliance of the 5 February 2014, directions given by the Ministry of Law and Social Justice. They clearly state that before finalizing the draft of the bill and placing it before in the Legislature, it should be before the public for consultation and scrutiny.”
The statement further says, “The draft bill should be put on the internet so that it is accessible for everyone. The language of the bill should be simple and consultation and conference and conventions to reach a consensus, especially the ones who will be impacted by the said laws. Any suggestions given by the public should also be put in the public domain by uploading them on the website.”
The activists now demand that the bills be sent to a select committee. The statement says, “Since the voice of the public and the inputs of civil society organizations is very important, therefore it is our demand from the legislators, to send the Bill to the Select Committee, rather than rush its passage.”
A a notification issued by the Ministry of Law and Justice, dated February 5, 2014 that gives details about the importance of pre-legislative consultation police may be read here.
The entire statement by the activists may be read below:
Bill on the prohibition of Lynching and Honour Crimes be sent to the SELECT COMMITTEE OF THE VIDHAN SABHA
For public input
*The various movements, campaigns and social organizations of Rajasthan are extremely pleased that State government of Rajasthan has been eager to address the issues of preventing and prohibiting lynching and the honour crimes and killings along with right to choice in marriage. That the Government is committed towards bringing this law also shows through the two Bills, Bill No. 22 of 2019, The Rajasthan Protection from Lynching Bill, 2019 and Bill No. 23 of 2019 The Rajasthan Prohibition of Interference with the freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill, 2019. However, members and representatives of most of the social movements are extremely upset with the fact that these two bills, which have been a demand of our movements, were brought in without any public consultation.
This unilateral creation of draft bills and finalizing it without any public input of the stakeholders, is a non-compliance of the 5 February 2014, directions given by the Ministry of Law and Social Justice. They clearly state that before finalizing the draft of the bill and placing it before in the Legislature, it should be before the public for consultation and scrutiny. The draft bill should be put on the internet so that it is accessible for everyone. The language of the bill should be simple and consultation and conference and conventions to reach a consensus, especially the ones who will be impacted by the said laws. Any suggestions given by the public should also be put in the public domain by uploading them on the website.
But we are disappointed that the Home Department of Rajasthan Government did not put the draft of the bills, in front of the public, neither on any website nor put it for any consultation.
Since the voice of the public and the inputs of civil society organizations is very important, therefore it is our demand from the legislators, to send the Bill to the Select Committee, rather than rush its passage.
We are: Aruna Roy, Nikhil Dey, Kavita Srivastava, Lad Kumari Jain, Renuka Pamecha, Mamta Jaitaly, Nisha Siddhu, Nishat Hussain, Pawan Surana, Sumitra Chopra, Harkesh Bugalia, Kailash Meena, Prem Krishan Sharma, M. Hasan and Others.
1. Ajmer, Mahila Jandhikar Samiti, Indira Pancholi
2. Karuna
3. Bhanwari Bai
4. Sasvika Sangathan and PUCL, Ajmer – Sister Carol Geeta
5. Ajmer Adult Education Association-Anuradha Marwah
6. PUCL Rajasthan – Anant Bhatnagar, DL Tripathi, Keshav Ram Singhal
7. Rajasthan Mazdoor Kisan Morcha – Norati
8. Barmer, LAN – Anita
9. Baran, BGVS – Komal Srivastava
10. Baran, Sankalp – Ramesh
11. Bhilwara – Mahila evam Bal Chetna Samiti – Tara Ahluwalia
12. Bharatpur PUCL – Rajendra Kuntal
13. Bikaner, Urmul Network – Arvind Ojha
14. Urmul Jyoti Nokha – Chetan Ram
15. Chittorgarh Prayas – Narendra Gupta
16. Prayas – Chhaya Pachauli
17. Dholpur – Praytana – Malay
18. Dungarpur PUCL – Pragnya Joshi
19. PUCL – Madhulika
20. Jhunjhunu – SRKPS – Rajan Chaudhary
21. Karoli – ECAT – Satyan Chaturvedi
22. Kota – Ekal Nari Shakti Sangathan – Chandra Kala, Shanti
23. Rajsamand – Rajsamand Mahila Manch-Shakuntala Pamecha
24. MKSS – Aruna Roy and Shanker Singh
25. Sirohi – Jan Chetna Manca – Richa
26. Udaipur – Jangal Jameen Jan Andolan & Adivasi Adhikar Manch, Dharam Chand Kher, Shyam Lal Minariya
27. PUCL – Shakuntala Choudhary
28. PUCL – Ashwani Paliwal
29. Vikalp – Usha
30. Dungarpur PUCL – Pragnya Joshi, Madhu
31. Jaipur, PUCL Rajasthan – Kavita Srivastava
32. PUCL Rajasthan – Bhanwar Lal Kumawat (Pappu)
33. Rajasthan University Women’s Association – Dr. Pawan Surana
34. Rajasthan University Women’s Association – Dr. Laad Kumari Jain
35. Rajasthan University Women’s Association – Dr. Alka Rao
36. Rajasthan University Women’s Association – Dr. Asha Kaushik
37. Women’s Rehabilitation Group Renuka Pamecha
38. National Federation Indian Women, Nisha Sidhu
39. Vishakha: Women’s Documentation and Resource Centre, Bharat
40. PUCL and Academy for Socio Legal Studies, Prem Krishan Sharma
41. PUCL and Academy for Socio Legal Studies, Kailash Kumbhakar
42. National Muslim Women’s Welfare Society, Nishat Hussein
43. National Muslim Women’s Welfare Society, Jahan Ara
44. Domestic Workers Union, Mewa Bharti
45. Bharat Gyan vigyan Samiti, Komal Srivastava
46. Vividha, Mamta Jaitly
47. AIDWA, Sumitra Chopra
48. AIDWA, Kusum Saiwal
49. PUCL, Vijay Lakshmi Joshi
50. PUCL, Dr. Pritam Pal
51. PUCL and Foundation for the Dignity of the Girl Child, Dr. Mita Singh
52. All India Dalit Mahila Manch, Suman Devathia
53. Children and Woman Welfare Society, Asha Kalra
54. Petitioner in Right to Choice case in SC Lata Singh
55. Independent, Nirja Mishra
56. Sandhaan, Dr. Sharada Jain
57. RUWA, Dr. Malti Gupta
58. NFIW, Raj Kumari Dogra
59. Independent, Shabnam Aziz
60. Azad Foundation, Anita Mathur
61. Umang, Deepak Kalra
62. MSSK, Minakshi
63. Independent Researcher, Chanda Aasani
64. Shilpayan, Laxmi Ashok
65. Writer, Devyani Bhardwaj
66. Independent Researcher, Kanchan Mathur
67. Independent Researcher, Shobhita Rajgopal
68. Independent, Pinky Pal
69. WRG, Pushpa Saini
70. PWNR, Sushila
71. CES, Neelam
72. AIPWA, Sudha Choudhary
73. MJAS, Ajmer, Karuna Ahmed
74. Independent, Udaipur, Shobha Nandwana
75. Bikaner, Ganga Gupta
76. Ajmer, Asha Verma
77. MSSK, Meenakshi
78. RUWA, Nandini Upreti
79. PUCL, Shubha
80. RTI Manch, Mukesh Nirwashit
81. PUCL, Sarla
82. CES, Neelam
83. Independent, Sheeba
84. CDR, Grijesh
85. Independent, Navin Narayan
86. Independent Film Maker, Mohan Kumawat
87. NAPM, Kailash Meena
88. PUCL, M Hasan
89. Churu, Amrita Choudhary