- The Jan Vishwas (Amendment of Provisions) Bill, 2023, is designed to enhance further the ease of living and the ease of doing business within the country.
- The bill’s primary focus is to amend and update various provisions present in 42 Central Acts that fall under the purview of 19 Ministries and Departments.
- The amendments proposed by the Jan Vishwas Bill 2023 encompass diverse sectors such as agriculture, the environment, media and publication, health, and more.
Key Features
- Amendment of Multiple Provisions: The bill targets the amendment of 183 provisions within 42 Central Acts administered by 19 Ministries/Departments, spanning sectors like agriculture, environment, media, publication, and healthcare.
- Conversion of Fines to Penalties: A significant shift is the transformation of fines into penalties, simplifying the process of imposing punishments for offenses and minimizing the need for court intervention.
- Removal of Imprisonment as Punishment: The bill proposes the removal of imprisonment as a punitive measure for certain offenses, with an emphasis on using penalties as a more efficient means of addressing non-compliance.
- Focus on Healthcare: Notable amendments are proposed for acts such as the Drugs and Cosmetics Act, of 1940, the Food Safety and Standards Act, of 2006, and the Pharmacy Act, of 1948. These changes have sparked debates among healthcare activists, pharmacy experts, and patient-welfare groups.
- Appellate mechanism– It is provided for orders against adjudicating officers. For Example- In the Environment (Protection) Act, 1986, appeals against the Adjudicating Officer’s orders may be filed with the National Green Tribunal within 60 days.
Pros of the Amendments
- Efficient Punishments: The conversion of fines into penalties can expedite the process of administering punishments for offenses, potentially leading to a quicker resolution of cases.
- Business-Friendly Environment: The removal of imprisonment as a punishment for certain offenses can create a more favorable atmosphere for businesses, reducing concerns about severe penalties.
- Ease of Doing Business: By simplifying regulations, businesses can operate more smoothly, attracting investments and fostering economic growth.
- Balanced Approach: The bill aims to maintain a balance between public health and business growth, ensuring regulatory effectiveness while facilitating business operations.
Cons of the Amendments
- Public Health Concerns: Critics argue that reduced penalties for Not of Standard Quality (NSQ) drugs and pharmacy license violations could compromise patient safety by lowering the consequences for non-compliance.
- Quality Control: Diminished penalties might lead to lax quality control in sectors like healthcare and food safety, potentially impacting consumer well-being.
- Deterrence Impact: Reduced penalties and the elimination of imprisonment might weaken the deterrent effect on potential violators, potentially leading to increased non-compliance.
- Industry Accountability: Critics contend that the amendments could lower industry accountability by providing lenient regulatory measures, potentially affecting public health and safety.
The Government’s Argument in Favour of the Jan Vishwas Bill
- India’s Global Role: Emphasizing India’s position as the pharmacy of the world, the government asserts that the amendments are essential to align regulations with this significant global role.
- Balancing Health and Business: The government contends that while ensuring the availability of high-quality medicines, it’s equally important to provide reasonable benefits to businesses, striking a balance between these objectives.
- Ease of Doing Business: The government highlights the necessity of creating a business-friendly environment to attract investments and promote economic growth. Streamlining regulations through the amendments aims to reduce bureaucratic hurdles.
- Efficiency and Growth: By converting fines into penalties, the government argues that the process of imposing punishments for offenses becomes more efficient, aligning with the goal of ease of living and doing business.
- Global Alignment: The government stresses the importance of adapting regulations to evolving global standards. The amendments are positioned as a way to modernize and simplify regulations, aligning India’s practices with international norms.
- Business and Economic Development: The amendments are framed as essential for supporting business growth, which contributes to overall economic development and increased job opportunities.
