28 July 2023

• Legislation: The Jan Vishwas (Amendment of Provisions) Bill 2023 decriminalised 183 offences across 42 Acts, converting criminal penalties to civil fines in a wide-ranging deregulation exercise.
• Entertainment: The Cinematograph (Amendment) Bill 2023 introduced new age-rating categories and strengthened anti-piracy provisions; annual licence renewal was replaced by a perpetual certificate.
• Mining: The Offshore Areas Mineral (Development and Regulation) Amendment Bill 2023 expanded the central government's role in offshore mineral development.
• Governance: Jharkhand released draft PESA rules for consultation, the last major coal-belt state to do so.
• Infrastructure: Bharat Mandapam, India's largest convention and exhibition complex, was inaugurated in New Delhi.

GS area: Governance, Economy

The Jan Vishwas (Amendment of Provisions) Bill 2023 passed Parliament. It amends 42 Acts across 19 ministries, decriminalising 183 minor offences by converting them from criminal to civil penalties.

• Background: A large number of minor regulatory violations were punishable with imprisonment under legacy legislation. This deterred business activity and gave inspectors discretionary power to harass businesses.
• Pattern of change: Provisions requiring imprisonment for first-time or minor violations are replaced with fines. Adjudicating Officers in each relevant ministry are designated to impose and collect fines without involving courts.
• 10 per cent annual escalation: A distinctive feature: the civil fines imposed under the amended Acts automatically increase by 10 per cent every three years, maintaining their deterrent value without fresh legislation.
• Acts covered: Includes the Food Safety and Standards Act, Agriculture Produce (Grading and Marking) Act, Environment Protection Act, and others.
• Ease of Doing Business connection: Part of India's sustained effort to improve its ranking on the World Bank Ease of Doing Business Index, particularly on the "Paying Taxes" and "Dealing with Construction Permits" indicators.

Static linkage: Governance reform, regulatory policy, ease of doing business.

GS area: Governance, Science and Technology

The Cinematograph (Amendment) Bill 2023 amends the Cinematograph Act 1952, updating the film certification framework for the first time in decades.

• New age-rating sub-categories: The existing U (Universal), U/A (Parental Guidance), A (Adult) and S (Specialised audience) categories are supplemented with sub-categories: U/A 7+ (suitable for 7 and above), U/A 13+ (suitable for 13 and above), and U/A 16+ (suitable for 16 and above), bringing India closer to global rating norms.
• Perpetual certificates: Earlier, film certificates were valid for 10 years and required renewal. The amendment makes certificates perpetual: once a film is certified, no renewal is needed.
• Anti-piracy provisions: Section 6AA (new) makes unauthorised recording and transmission of a film at a cinema a cognisable offence carrying up to 3 years' imprisonment and a fine. Losses from piracy in India are estimated at 20,000 crore rupees annually.
• Central Board of Film Certification (CBFC): The body constituted under the 1952 Act that certifies films. Commonly called the Censor Board, although its role is certification, not censorship (the Supreme Court in the Rangarajan case 1989 drew this distinction).
• OTT exemption: The Bill does not cover OTT platforms. Online content is separately governed by the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021.

Static linkage: Media, legislation, governance.

GS area: Economy, Governance

Parliament passed the Offshore Areas Mineral (Development and Regulation) Amendment Bill 2023, amending the Offshore Areas Mineral (Development and Regulation) Act 2002.

• What the 2002 Act covers: Regulation of minerals in the territorial waters, continental shelf, Exclusive Economic Zone, and other maritime zones of India.
• Key change: The Amendment centralises auction and licensing of offshore mineral blocks in the Central government. Earlier, the scheme relied on first-come-first-served nominations rather than a competitive process.
• Ocean wealth: India's EEZ of 2.37 million square kilometres contains deposits of polymetallic nodules, gas hydrates, cobalt-rich crusts, and other deep-sea minerals.
• Connection to Blue Economy: India's Blue Economy vision targets sustainable use of marine resources. Deep-sea minerals are a long-term component alongside fisheries, shipping, and offshore energy.

Static linkage: Mining, EEZ, ocean resources.

GS area: Polity, Social Justice

Jharkhand released draft Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) rules for public consultation.

• What PESA is: PESA extends the provisions of Part IX of the Constitution (on Panchayati Raj) to the Fifth Schedule areas (tribal regions). It mandates that gram sabhas in scheduled areas have powers over land, forests, minor minerals, and money-lending.
• Ninth Schedule tribes: PESA applies in states like Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana.
• State rules significance: PESA itself is a central law, but the specific powers of gram sabhas depend on state-level rules. Several states had failed to frame rules for decades. Jharkhand's draft rules were significant because Jharkhand has large tribal populations (coal belt, forest-dependent communities) affected by mining.
• Key PESA provisions: Gram sabhas can approve land acquisition in scheduled areas; manage community resources; prevent alienation of tribal land; and regulate minor forest produce, water bodies, and minor minerals.

Static linkage: Panchayati Raj, tribal rights, Fifth Schedule.

GS area: Economy, Governance

Bharat Mandapam, India's largest convention and exhibition centre, was inaugurated by PM Modi in New Delhi on July 26, 2023.

• Location: Pragati Maidan, New Delhi. The redeveloped Pragati Maidan Integrated Transit Corridor provides road access; an underpass links to the surrounding areas.
• Scale: Total built-up area of approximately 1.23 lakh square metres. The convention centre can seat 7,000 delegates at a single event.
• G20 venue: Bharat Mandapam hosted the G20 Leaders' Summit in September 2023.
• MICE sector: Meetings, Incentives, Conferences, and Exhibitions. India's MICE industry was estimated at 5 billion US dollars. Bharat Mandapam was built to capture MICE events that previously went to Singapore, Dubai, or Bangkok due to lack of comparable facilities.
• ITPO: The India Trade Promotion Organisation, a Government of India undertaking, manages the Pragati Maidan complex including Bharat Mandapam.

Static linkage: Infrastructure, G20, economy.

• Jan Vishwas's 10 per cent escalation clause: The automatic triennial increase in fines under the Jan Vishwas Act is a key testable feature; the percentage (10 per cent) and the frequency (every 3 years) have been directly asked in practise questions.
• CBFC and 'Censor Board': The CBFC certifies; it does not censor. The Supreme Court in S. Rangarajan vs P. Jagjivan Ram (1989) and in Bobby Art International (1996) held that certification cannot be used for prior restraint of speech except on very narrow grounds.
• India's continental shelf claim: India has an Extended Continental Shelf (ECS) claim beyond the standard 200 nautical mile EEZ, which India submitted to the UN Commission on the Limits of the Continental Shelf (CLCS) in 2009.
• Bharat Mandapam construction timeline: The redevelopment of Pragati Maidan began in 2017. The delay from 2017 to 2023 was partly due to the COVID-19 pandemic.