Last week, while we were witnessing the worst that one could have imagined in a country known for its diversity, integrity, peace and harmony, a Bill was passed in Parliament without much debate. The no-confidence motion moved by the Opposition in the wake of Manipur riots did not deter the government from doing business as usual. Interestingly, the Bill which will become an Act once the President signs it, is known as Jan Vishwas Bill.

The Bill seeks to decriminalise 180 offences under 42 Acts to reduce compliance burden and promote “easy of living and doing business”. The Bill was tabled in Parliament in the month of December and was referred to a Joint Parliamentary Committee (JPC) for review. The committee gave seven recommendations, which were accepted by the Cabinet.

The Bill seeks to replace imprisonment clauses with monetary fines over these 42 laws governing environment, agriculture, media, publication, pharmacy and many other domains. Now many would say what was the need of such a blanket amendment of so many legislations at one go.

A 2022 report by the Observer Research Foundation shows that there are around 1536 laws that affect businesses in India mandating around 70,000 compliances, something that has been bothering entrepreneurs, especially from the MSME sector. Many of the small entrepreneurs may not even know many of these provisions, forget complying with them. Non-compliance of around 26,000 clauses in these acts can land them into prison. The report says that on an average, an entity in the manufacturing sector has to fulfill 500 to 900 compliances in a year, costing anything between Rs. 12 to Rs. 18 lakhs with two out of five compliances carrying an imprisonment clause.

Besides, the Bill also aims to reduce the burden on the judiciary. The National Judicial Data Grid reports that out of 4.4 crore pending cases, 3.3 crore are criminal in nature as of July 2023. These data sets certainly make a valid case for reducing the compliance burden, decriminalisation of minor offences for giving a boost to what is being called “trust-based governance”.

In view of this, it is important to analyse what kind of purpose will this Bill be able to achieve. A look at the Bill shows that from areas as important as felling of trees, operating factories in an air pollution control area to excessive discharge of pollutants into the environment, what one will be asked to pay is a monetary fine ranging from Rs. 500 to Rs. 15 Lakh. The imprisonment clauses have been done away with. 

The value of penalties has substantially increased. However, will this not affect our lives? Just for the sake of promoting businesses can we actually afford to have polluted air, water and land! Are we not already facing the consequences of what is called climate change? Will this not promote unfair practices like corruption? People can easily get away with the penalties by greasing the palms of those who have been entrusted with the responsibility of implementation of these laws. Will these provisions act as a deterrent in any way for protecting our environment?

Coming to Drugs and Cosmetics Act, 1940, the Bill has included a provision for compounding of offences. Generally, compounding is done only for minor offences. Under the existing section 27 (d) of the Act, in case a manufacturer produces any drug that is “not of standard quality” (NSQ), the person shall have to face imprisonment of not less than one year which may extend to two years. In the case of cosmetics, the imprisonment can be up to one year.

The Bill has removed the imprisonment clause in both the cases. It seems that our parliamentarians do not understand what constitutes the NSQ categories. These are grossly substandard drugs, which could even threaten the lives of people. Is this a minor offence? Besides, the Bill has reduced the penalties for pharmacies violating the terms of their license.

It is a known fact that medical treatment in our country is very expensive. This is one reason why government hospitals are always crowded with patients, because of their affordability. It is common to see patients lying in the corridors, simply because they are unable to get a bed. Many die on the stretcher. Still, people avail of medical services with the belief that medicines will save them at a reasonable cost. In such a scenario, if patients do not get relief or die because they have been given substandard medicines, how just would this be? And those who produced such medicines go scot-free by paying some money!! Is this not against our fundamental right to live?

If we look at the laws applicable to the pharmaceutical industry, the existing rules and regulations are not being implemented effectively. In fact, they are flouted with impunity. Of late, we have seen how sub-standard medicines have been produced and exported under the “Make in India” campaign. We have faced the heat across the world. The government should have taken effective measures to tighten the regulatory laws instead of giving a permanent stay-out-of-jail pass to the industry. In the name of ease of doing business, it is actually putting our lives at risk. 

Does this Bill actually prove true to its name -– Jan vishwas! Certainly not. The Bill has certainly raised questions on the intention with which it has been passed when we are a few months away from the Lok Sabha elections. These amendments have certainly created an uproar on social media. Consequently, the government came up with a clarification, which does not seem to be sufficient. What is being said in these statements should have been part of this Bill.  

If we look at how pharmacies are being run in our country, it will raise more questions. As per Pharmacy act, 1948, it is mandatory to have registered pharmacists for dispensing drugs, who can read prescriptions, provide the right drug and guide people not only about its usage but also about methods of storing it. In a country like India where brand names of drugs are as confusing as electricity wires in many of our streets, it is certainly not an easy task, which can be carried by any run-of-the-mill person. 

Yet, we come across people, who are barely matriculate, working at pharmacies for dispensing medicines. Small wonder we have record levels of pharmaceutical trademark litigation in India. Despite the mandatory requirement, hundreds of thousands of pharmacies are being run without registered pharmacists.

Several complaints have been lodged but it has neither led to the compliance of law nor conviction of the violators. Not only this, in many cases, our courts have also taken a lenient view by imposing simpler and lesser punishments. The Bill has also decriminalized the Pharmacy Act as it has done with the Drugs and Cosmetics Act. 

The story does not end here. Those who have given wrong/false information or have misrepresented for obtaining a patent, trademark or a copyright, will also get away by just paying a penalty. Similarly, those selling unsafe food, will no longer be sent to jail. So much in the name of “ease of doing business”. 

Blanket decriminalisation of acts impacting the lives of the general public certainly does not infuse confidence in a government, which has been asking for “sabka sath, sabka vishwas”. Yes, it is important to reduce compliance burden for promoting entrepreneurship but it should not come at the stake of our lives and generations to come.