JANVISHWAS AMENDMENT BILL 2.0 DISCUSSING THE PROVISIONS REFLECTING THE DECRIMINALISATION OF DIFFERENT LEGISLATIONS

 JANVISHWAS AMENDMENT BILL 2.0 DISCUSSING THE PROVISIONS REFLECTING THE DECRIMINALISATION OF DIFFERENT LEGISLATIONS

INTRODUCTION

The Janvishwas Bill 2.0, enacted on 11 August 2023, supports India's "Make in India" initiative. It addresses inherent administrative actions and minor technical lapses, decriminalizing and rationalizing 183 provisions across the country by repealing and reclassifying 42 central laws, turning minor offenses into serious penalties. In addition to saving time and effort for the government and the judiciary, this move promotes technical improvements, creates a favorable economic environment, and relieves the courts of a significant legal burden. It is consistent with a regulatory structure that greatly enhances our nation's legal system. Consequently, this initiative makes punishments more proportionate and comprehensive through decriminalization. This paper blog will discuss the technological impact of the amendment bill and its approach to the country's Intellectual Property Laws, Environmental Laws, and Technology Laws. Together, these significant advancements contribute to a robust legal framework and developmental initiative for India.

SIGNIFICANT PROVISIONS AND FUNCTIONS OF THE BILL

This act's provisions had a big impact on how the business climate was reflected because they decriminalised both the imprisonment and fine provisions, eliminating imprisonment and only introducing fines in specific areas to lessen the act's severity. The year 2023 has been a year of significant legislation as it has changed every provision and a lot of amendments, just like the three laws- BSA, BNS and BNSS in 2023, along with this provision combined together with the advancement of the act regulating a broader picture of the laws. The ease of living and ease of doing business in the country broadened enough the diversity sector of the laws like the agriculture, media, publications, environment health and much more along with the administration of the nineteen ministries and departments enhancing the spanning sector of agriculture as a basic necessity, while converting the penalties of fines simplifying the court procedures accordingly. It also focuses on the health care system and facilities proposing and providing the acts with the Food Security Act and safety standards, 2006, The Pharmacy Act, 1948 and further the Drugs and Cosmetics Act, 1940, laying down punitive measures for the same. It has also broadened the appellate provisions with respect to the Environment Protection Laws of our country by enhancing the National Green Tribunal (NGT), creating a business-friendly environment altogether with a balanced approach to the regulatory frameworks of the country. It has been a significant legislation with respect to environmental protection enactment. 

EFFECT OF THE BILL ON THE LAW OF THE LAND

So, the proposed bill had a vast impact on the significant laws of the country like the eco-friendly environmental laws by removing the significant penalties and clauses including some of the numerous offences on the Air Act, Water Act by inculcating a monetary penalty rather than a penalty involving a description of a term of imprisonment subjecting them to the fines. For example, it was stated in a report that the penalty of violating the offence under section 15 of the EPA Act, has been set , up to the maximum ceiling up to rupees 5 lakhs, while the environmental laws go sufficiently with respect to the significant minor penalties, the technological aspects have been changed widely like the lapse of criminal penalties and delay in filing a response with respect to the examination of the report would be reduced to the subject of the reduction in the penalties. The significant Trademark, Patent and Sale of Goods Act gone widely through various changes while broadening the eco-friendly business environment and a conducive environment, for instance, the Trademark Act’s decriminalization of fines and imprisonments on the infringements resolving the dispute mechanism, while adjudicating the requisites of the provisions respectively. A very significant case discussing the said provisional amendment is that of Bengaluru Turf v Government of Karnataka dealing with the Trademark laws, this case helped in the reduction of stringent penalties. The act caused a change with respect to the Patent laws reducing the penalties granted under section 122 of the act setting up the maximum fine up to rupees 1 lakh, while sections 67 and 70 of the Copyright Act, 1957 dealing with the seizure of infringing the copies.

THE JANVISHWAS AMENDMENT: BOON OR BANE TO THE SOCIETY?

The enactment of the amendment has had an impact on society as a whole, as it has led to a reduction in the strict provisions overall, but has also created loopholes in the laws. There has been efficient imposition of the punishments with inculcating a strong business friendly environment creating a proper environment for the advancement of the laws relaxing and easing the business transactions throughout the world while adopting a balanced approach but it has created significant health concerns with respect to creating a No standard Quality (NSQ) drugs, pharmacy laws and license violations compromising with respect to proper and due care of the consumers and patients buying medicines or drugs to cure themselves. The food sector has been promoted vigorously with the amendments but it has failed to address the food safety concern for the consumers by relaxing the penalty as the deterrence effect has been reduced creating an unrest into the society due to the reduction of the stringency of the penalties and criminal laws which could lead to the violation of the laws every day, loosening the effect of the law and order maintenance in the society, which could also lead to increasing violation and breaking of the rules enshrined in our drafted legislations and codes further creating civil disturbance. Concerns about public health and safety have also been raised by the industrial impact on society, which has resulted in inadequate infrastructure management and a lack of accountability for the creation and manufacturing of goods and services. Thus, this amendment has had a negative impact, but it has also been seen to have a long-term effect on society overall, particularly in terms of establishing global standards and promoting economic development.

Closing Credit 

Author -  TAARINI BHARDWAJ

Affiliation - Vivekananda School of Law and Legal Studies (VSLLS), Vivekananda Institute of Professional Studies (VIPS), New Delhi.

"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"