PARLIAMENTARY REPORT
the House and to avoid repetition of arguments.
Moving the motion for consideration of the Bill, Shri Shinde said the nation was waiting for the outcome of the debates and it was incumbent upon the House to rise to deliberate it with all the seriousness and sensitivity it deserved. The Minister said that the present Bill was the result of the contribution of all the stakeholders who gave their views for developing an effective and urgent response to the issues
INDIA
which arose in the aftermath of 16 December. The Bill provided a foundation for handing out harsher punishments: a minimum punishment of 20 years – extendable to sentence for life – for gang rape and sentence up to death for repeat offenders. The laws were made more women- friendly by protecting the dignity of women during the recording of evidence as well as during cross examination. Provisions were also made for compensation, medical treatment and auxiliary issues pertaining to these issues. The
THIRD READING: INDIA
The Prevention of Money-Laundering Bill The Prevention of Money-Laundering Act, 2002 was enacted to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money-laundering and for matters connected. The Act was amended in 2005 and 2009 to remove the difficulties that arose in the implementation of the Act. The problem of money-laundering is no longer restricted to the geo-political boundaries of any country. In light of this, India became a member of the Financial Action Task Force and Asia Pacific Group on money- laundering, which are committed to the effective implementation and enforcement of internationally accepted standards against money-laundering and the financing of terrorism. Consequent to the submission of an action plan to bring anti money-laundering legislation of India at par with the international standards, it became necessary to amend the Prevention of Money- Laundering Act, 2002.
The government brought forward the Prevention of Money-Laundering (Amendment) Bill, 2011. It sought, among other things, to introduce the concept of ‘corresponding law’ to link the provisions of Indian law with the laws of foreign countries and introduce the concept of ‘reporting entity’ to include therein a banking company, financial institution, intermediary or a person carrying on a designated business or profession. The Standing Committee presented its 56th Report on Prevention of money Laundering (Amendment) Bill 2011 to the Lok Sabha and laid in Rajya Sabha on 9 May 2012. The Standing Committee made 18 recommendations which were all accepted by the government.
Amendments included a change to sub-clause 152 | The Parliamentarian | 2013: Issue Two
(v), which substituted the existing definition of the expression “financial institution” to mean a financial institution as defined in clause (c) of section 45-I of the Reserve Bank of India Act, 1934 and included a chit fund company, a housing finance institution, an authorized person, a payment system operator, a non- banking financial company and the Department of Posts in the Government of India.
Members from all Sections of the House expressed concern over black/unaccounted money flow in the country and the disreputable purposes for which it was used. While some members unanimously favoured a stringent fiscal law, other members expressed reservations with regard to efficacy of certain aspects. The Minister of Finance while replying to the debate on the Bill, stressed that money laundering was not the same as the generation of black money. While some cases of black money came under money laundering, many did not. In the case of money laundering, there must be a predicate crime or a crime as defined in the Schedule to the Act. Referring to the recommendations made by the Standing Committee on Finance, the Minister stated all these have been accepted and those which required official amendments have been converted as official amendments. Minister assured the House of Government’s commitment to tackle this global menace of money laundering through effective implementation of the Amending Bill.
The Bill was passed by Lok Sabha on 29 November 2012 and by Rajya Sabha on 17 December 2012. The Amending Bill as passed by both Houses of Parliament was assented to by the President of India on 3 January, 2013. The Prevention of Money Laundering Act, 2002 thus stood amended.
mere enactment of the Bill was not going to stop the incidents of misconduct and sexual assault against women in society. A change in the society’s mindset and social reforms was also required. He pointed to the adverse impact of western culture on Indian society. The senior JD-U leader, Shri
Sharad Yadav, MP, also stated that laws alone could not end crimes against women; what was required was a change in the mindset of society. He emphasized on proper implementation abolishing the caste system which created inhibited women’s progress. Shri Sandeep Dikshit, MP, (INC) supported the strengthening of legal provisions against rape and related incidents. He welcomed the death penalty; life imprisonment till death involving gang rape and repeat offences; mandatory victim statement recordings before a woman officer; stringent action against officers found guilty of not registering complaints; and the most stringent provision against trafficking. Smt.
Minister agreed to the demands of the BJP, SP and other political parties for keeping the age of consent at 18 years and not 16 as stated in the ordinance. Parliament had to deliver quickly and effectively to ensure that the legislative framework remained relevant to the changing times and protected women, said the Home Minister.
Initiating the debate, Dr Bhola Singh, MP, (BJP) said the government was forced to take these measures because of the public pressure. However, the
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