An official said that since these types of consultations require interactions with various ministries and departments, a time frame cannot be fixed as to when the bills would be cleared.
A month after two bills on anti-lynching were passed by the Rajasthan and West Bengal state assemblies, they are being examined by the Union Home Ministry before they become laws, the Hindu has reported.
A senior official in the Rajasthan government told the newspaper that the Home Ministry was examining the bill — called the Rajasthan Protection from Lynching Bill— and that the state government will respond to the Centre if clarifications are required.
According to the report, the Union Home Ministry norms require state laws to be examined from three angles – legal and constitutional validity, deviation from national or central policy and repugnancy with Central laws.
An official said that since these types of consultations require interactions with various ministries and departments, a time frame cannot be fixed as to when the bills would be cleared.
The report states that based on the comments offered by the Home Ministry, the President gives an assent to or rejects the bill.
The states, however, can withdraw the bills. For instance, two bills passed in the Andhra Pradesh Assembly, namely The Andhra Pradesh Protection of Depositors of Financial Establishments (Amendment) Bill passed in 2015 and the Andhra Pradesh Money Lenders Bill, 2017, were being examined by the Home Ministry. However, after a new government, headed by YS Jagan Mohan Reddy, came to power, the two bills were withdrawn.
Rajasthan’s anti-lynching bill provides for life imprisonment and a fine ranging from Rs 1 lakh up to Rs 5 lakh to those convicted in cases of mob lynching leading to victim’s death.
West Bengal passed an anti-lynching bill on August 30. The bill proposes a jail term from three years to life for those involved in assaulting and injuring a person. The bill reportedly also defines terms such as ‘lynching’ and ‘mob’.
The state has also proposed a West Bengal Lynching Compensation Scheme, which proposes a compensation of Rs 5 lakh to the victim’s family, and even a job.
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