The Jan Vishwas (Amendment of Provisions) Act, 2023 Conception and Development

      The ministries in the Centre and the States/UTs have been trying to reduce the compliance burden on businesses and citizens. It can be reduced by decriminalising minor offences.

?   In this regard, the idea of a common amendment bill to unify decriminalisation efforts across sectors, saving time for both the judiciary and the legislative department, was put forward by the Hon’ble Prime Minister of India.

?   The Jan Vishwas Act, 2023 was initiated to

?   simplify legal processes,

?   reduce compliance burden, and

?   foster a more business-friendly environment.

?   It prioritised a balanced legal framework to replace non-harmful and minor criminal offences with administrative actions and civil penalties respectively.

?   The coordination across 19 Union Ministries for the Jan Vishwas Act required meticulous planning and clear communication channels. Regular consultations, inter-ministerial meetings, and a shared commitment to regulatory reforms were key to effective coordination. Challenges were addressed through extensive briefings, informal communication channels, and proactive approaches to swiftly resolve concerns, maintaining overall momentum.

?   Stakeholder engagement during the formulation of the Jan Vishwas Act involved consultations at the ministry level and comprehensive efforts with industry associations. Regular communication channels were established to understand specific challenges faced by different industries, ensuring a balanced and practical approach. This highlights the government’s commitment towards ease of doing business.

?   The Act addressed provisions across 42 Acts administered by 19 ministries, presenting challenges in managing such a comprehensive legislative overhaul. Common directions, a committee, and extensive legal vetting played pivotal roles in ensuring consistency across amendments.

?   Aligning the interests and objectives of various ministries was a major challenge during the Act’s development.

?   In this regard, the guidance of the PM and the Cabinet Secretary helped to align the respective amendments of different ministries by providing a common aim and vision.

?   Additionally, a committee comprising CEO NITI Aayog, the Department of Legal Affairs (DoLA), the Department for Promotion of Industry and Internal Trade (DPIIT), and the respective ministries and departments was formed to establish principles guiding the decriminalisation process.

?   The Act addresses provisions ranging across 42 Acts administered by 19 ministries.

?   Common directions issued to all respective Ministries helped to address the complexities by setting a unified and cohesive approach.

?   In addition, a committee of representatives from CEO NITI Aayog, the Department of Legal Affairs, and the Department for Promotion of Industry and Internal Trade, helped set common principles serving as a guiding framework.

?   One such principle was to specifically target the general criminal provisions (provisions prescribing punishments for any contraventions applicable across the Act). The strategy was to identify serious contraventions for separate criminalisation while decriminalising minor provisions. For example, the general provision under the Environment Protection Act (Section 15) prescribed punishment for all contraventions under the Act with imprisonment of up to five years. It has been amended under the Jan Vishwas Act, 2023 to be replaced with specified ranges of penalty according to the gravity of offences. The amendments were legally vetted extensively.

?   Inter-ministerial consultations also helped in better collaboration.

?   It also reduces the workload of an overburdened judiciary.

?   It achieves this by decriminalising (and replacing them with civil penalties or administrative actions) minor offences involving no harm to the public interest or national security.

?   Severe criminal consequences are no longer attached to minor technical, and procedural defaults.