Highlights of the Press briefing                                   Held at 1530 Hours 10.05.2014

 Shri Abhishek Manu Singhvi addressed the media today.

 Shri Abhishek Manu Singhvi said as the campaign is closing, it is clear that the BJP’s bubbles are bursting and bursting rapidly all over. It is clear that Modiites is fast being recognized as exaggerationists and imaginationists because BJP is now fast discovering that its estimates and numbers are nothing but gas. It is now finding that the so-called wave is a chimera, its so-called regional supporters are vanishing from the South, from the East, from UP – no secular party or secular mindeed party is prepared to support a Modi-led, a BJP-led NDA. Where then will this imaginative Mission-272 figure come from is only a question which Shri Mungeri Lal can answer? That is why the BJP has become more and more frustrated, more and more aggressive, more and more fearful. In Varanasi a party limited by Modi, Modi Limited Party namely the BJP is a victim of its hype. Hence the intemperate and desperate attack on the Election Commission surely, not surely the sign, surely the sign of a big loser preemptively attacking the umpire and also by fudging facts. It is amusing to see one of the allegations made today by a senior BJP leader. As usual, BJP is master in comparing apples and oranges. He claims that the rally in Beniyabagh was disallowed to the BJP but allowed to the Congress. This is worst that apples and oranges. How can there be a comparison when security perceptions, threat perceptions for different parties arise from different considerations – four out of 5 rallies in the same town are allowed for the BJP. A threat perception for a particular area which is assessed first by the Police based on inputs by the Gujarat police and then evaluated by administration DM etc., how can that be the same for the BJP and the Congress or for that matter any other party?

It is the typical propaganda machine of the BJP trying to confuse and confound and certainly the administration is entitled to look through a divisive polarizing tactic of the BJP in wanting to go to a particular location and spot and conflagrate issues. The result of 16th of May is fast getting reflected in advance.  It is getting reflected in the fear and frustration of the BJP, in the increasing shrillness of its attack all because they are trapped as a party within the Prime Ministerial ambitions of one man. They know that they are nowhere near their fake Mission-272. They know that they are nowhere even near the much more moderate figure which a man like Mr. Vajpayee aspired for – whether in 1998 or 1999 and now today to crown it all as campaign ends, they are seeing genuine support, grass root support in Varanasi for Mr. Raul Gandhi – not hired support, not transported support.

 On a question whether the spokesperson has become a spokesperson of Election Commission or Congress party, Shri Singhvi said I am the spokesperson for the Congress party who is pointing out in case you have missed that point that the absolutely baseless without foundation allegations made by the BJP against a constitutional authority are further compounded by today’s statement intended to confuse the nation by comparing party ‘A’, ‘B’ or ‘C’ regarding a location.

 To another question on the statement by Shri Rahul Gandhi that 22,000 people will die, Shri Singhvi said that is a different issue let us not mix up issues. There is no question explaining the context. We have heard about it and there is a notice from the EC You can rest assured that the facts are being torn out of context and wrongly reported but we shall set the record comprehensively straight in our reply which we shall share with you shortly.

 On the question of the threat perception, Shri Singhvi said your identity, what you stand for, creates, affects and evaluate the threat perception. We are not living in some kind of an ivory tower in a glass house. We are living in a real world. Have you heard anything something so astoundingly wrong on principle and fact that my threat perception is identical to your perception or identical to her perception, is it possible. We don’t evaluate the threat perception. If you and I start doing it, then the security will be over. Did you ask this question from the BJP in Bihar when they started a mission that there is a threat to the life of their leaders? Is this the same party? This is like telling ‘Head you lose, tail I win’. They will cry if something goes wrong and if any preventive action is taken with regard to the security where it is a three layered security, they also raise hue and cry. This is a typical propaganda machine of the BJP.

 On the question of the reaction of the Congress party on another issue the Chief Election Commissioneer has said that Shri Rahul Gandhi did not violate any code by entering the polling booth, now the BJP says Election Commission being bias in the matter that Shri Rahul Gandhi is not an Engineer who will enter the polling booth and check an EVM, Shri Singhvi said as far as the Election Commission bias is concerned, you take it as a given as far as the BJP is concerned. So long as the Election Commission keeps saying BJP is good, right and excellent in everything, Election Commission is not biased otherwise according to the BJP; Election Commission is always biased. Secondly, they don’t realize that they insult institutional constitutional authorities in India which are the envy and pride around the world. Nobody is saying that the Election Commission is infallible but to attack the Election Commission as fault full of fault in very case where there is disagreement shows the mentality of the BJP in respecting the institutions of this country. Secondly, as far as Shri Rahul Gandhi’s EVM is concerned, I do not think in the middle of election, once the EC route in place, BJP has any locus to try to act as an appellate court and tell you why the Election Commission is wrong. If they want, they wait till the elections and challenge in the court of law and I think you will hear nothing after the elections. Thirdly, the stand is very clear that there has to be voting going on and he was inspecting a dud ineffective or non-functional machine. Now that finding of fact is for the Election Commission to go into not the BJP.

 To a question whether be it treated that after today’s road show of Shri Rahul Gandhi in Varanasi, the Congress party has escalated to number two position, Shri Singhvi said it is known when did the media put us at number two. The people have put us at number one. Today the distance between number one and two have widened.

 To another question on the number 272 Mission of BJP, Shri Singhvi said I did not say that he loses if he does not get 272 I said that 272 is a mission 272 which only lies in the imagination of Mr. Mungeri Lal. As far as the Congress Party is concerned, I am not into figures but I am telling you that the Congress is going to have scintillating victory and the Congress led government will form the government.

 On the question of the Shri Chidambaram’s statement to play constructive role, Shri Singhvi said I don’t think Mr. Chidambaram said that.  I have read his statement carefully. First of all, we are not here to speculate four days before the results. Let us have patience. Secondly, we do not contemplate the possibility of sitting in the opposition. We are strongly, forcefully confidently on our victory, on our path to victory and we have no such negative thoughts. Hypothetical situations arise lonely after numbers are known. Let us speculate on them till they are known.

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THE DESTITUTE, INDIGENT AND NEGLECTED CITIZENS (MAINTENANCE AND WELFARE) BILL, 2007

A BILL to provide for the due care, maintenance and welfare measures to be initiated by the State for those citizens who are destitute, indigent, stricken with poverty or infirmity due to old age, incurable disease or physically challenged ones, and those who are without independent source of livelihood like widows, senior citizens, orphans and underprivileged children and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:—

1. (1) This Act may be called the Destitute, Indigent and Neglected Citizens (Maintenance and Welfare) Act, 2007.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

AS INTRODUCED IN THE RAJYA SABHA ON 27TH APRIL, 2007.

2. In this Act, unless the context otherwise requires—

(a) “appropriate Government” means in the case of a State the Government of that State and in other cases the Central Government;

(b) “Authority” means the Destitute, Indigent and Neglected Citizens Welfare Authority established under Section 3;

(c) “destitute” in relation to a,—

(i) male who may be physically challenged or unfit for gainful employment or suffering from incurable disease and without any independent source of livelihood or a senior citizen who has become infirm due to old age or chronic ailment and who has nobody to support him; and

(ii) woman who may be a widow, divorcee or unmarried woman who has no relative to support her and who has no independent source of livelihood including livelihood of her minor children dependent on her or any woman stricken with infirmity owing to old age, physical deformity, ailment, mental imbalance and who lives uncared for;

(d) “indigent” means a person who is stricken with poverty, without any means of livelihood or source of income and who subsists on alms received by him after begging;

(e) “prescribed” means prescribed by rules made under this Act;

(f) “senior citizen” means any person who has completed sixty years of age;

(g) “underprivileged children” means the deprived children with unknown parentage, abandoned, vagabond or loitering, rag pickers, and neglected children of pavement dwellers, sex worker, jail inmates, mentally ill or retarded women and who subsist on begging and petty offences;

(h) “widow” means an adult female whose husband has died after her legal marriage.

3. (1) The Central Government shall, as soon as may be, by notification in the Official Gazette, establish an Authority to be known as the Destitute, Indigent and Neglected Citizens Welfare Authority for the purposes of this Act.

(2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued.

(3) The headquarter of the Authority shall be at Jaipur in the State of Rajasthan.

(4) The Authority shall establish its branches in all the States and Union Territories at conspicuous places.

4. (1) The Authority shall consist of,—

(a) the Minister-in-charge of the Union Ministry of Social Justice and Empowerment — ex-officio Chairperson;

(b) a Vice-Chairperson with such qualifications as may be prescribed, to be appointed by the Central Government;

(c) five members of Parliament of whom three shall be from Lok Sabha and two from the Rajya Sabha to be nominated by the respective Presiding Officers of each House;

(d) three members representing the Union Ministries of Women and Child Development, Planning and Finance respectively;

Definitions.

Establishment of the Authority.

Composition of the Authority.

(e) not more than four members to be appointed by the Central Government in consultation with the Governments of the States, by rotation in alphabetical order, to represent the Governments of the States;

(f) three members to be appointed by the Central Government from amongst the Non-Governmental Organisations working for destitute widows, senior citizens and underprivileged children.

(2) The term of office, remuneration and other facilities of the Chairperson, Vice- Chairperson and members shall be such as may be prescribed.

(3) The Authority shall follow such procedure for holding its meeting and the quorum for such meeting shall be such as may be prescribed.

5. (1) It shall be the duty of the Authority to promote by such measures, as it thinks fit or appropriate, welfare measures for those citizens who are destitute, indigent, stricken with poverty or infirmity due to old age, incurable disease or physically challenged ones and for those who are without source of livelihood such as widows, senior citizens, orphan and underprivileged children covered under this Act.

(2) Without prejudice to the generality of the provisions of sub-section (1), the Authority shall, —

(a) maintain district wise register of the destitute, indigent and neglected citizens including the physically challenged ones, senior citizens, neglected women who may be widows, divorcee and who do not have anyone to support and the orphans and other street children;

(b) work out plans and formulate schemes for the welfare of the citizens covered under this Act;

(c) establish adequate number of senior citizen homes for board, lodging and provision of necessary facilities of daily life for the needy senior citizens;

(d) establish shelters or rehabilitation centres for the needy physically challenged citizens, orphans and street children and widows with provision of board, lodging and other necessities of daily life therein free of cost;

(e) work out scheme to provide free medical aid and means of entertainment in the senior citizen homes and shelters and rehabilitation centres established under this section.

(f) take such other measures not inconsistent with the provisions of this Act as the Authority may deem necessary for the welfare of the citizens covered under this Act.

6. The appropriate Government shall, on the recommendation of the Authority, provide the destitute women, indigent and needy senior citizens covered under this Act, the following facilities namely:—

(a) monthly allowance of two thousand rupees to every indigent and needy senior citizen in such manner as may be prescribed;

(b) monthly allowance of two thousand rupees to every destitute woman and if such a woman has dependent children to support a monthly allowance of three thousand rupees in such manner as may be prescribed:

Provided that if any woman covered under this Act either gets gainful employment or remarries, the facilities and monthly allowance being provided to her shall be discontinued and withdrawn from the date she gets the gainful employment or remarries as the case may be.

(c) residential accommodation wherever necessary, free of cost;

Functions of the Authority.

Facilities to the destitute women, indigents and senior citizens by the appropriate Government.

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(d) free educational facilities including technical and vocational education to the dependent children;

(e) free medical care;

(f) gainful employment;

(g) vocational training and assistance for self employment;

(h) such other facilities as may be necessary from time to time.

7. (1) Notwithstanding anything contained in any other law for the time being in force, the local police of every district headquarter shall keep a record of senior citizens, old widows and physically challenged ones residing within its jurisdiction in such manners and with such details, as may be prescribed.

(2) It shall be the duty of the area Station  House Officer or any Police officer who for the time being in charge of local Police Station or Police Post, as the case may be, to compulsorily,—

(a) verify the character and antecedents of the domestic servant or domestic help engaged or provided to the senior citizen or lonely old couple or old widow or physically challenged citizen residing within his jurisdiction in such manner as may be prescribed; and

(b) provide adequate security to the citizens referred to in para (a) above.

8. The Central Government shall, after due appropriation made by Parliament by law in this behalf, provide adequate funds to the Authority, from time to time, for carrying out the purposes of this Act.

9. The Authority shall submit an Annual Report in such form and in such manner as may be prescribed, of its activities of the welfare measures undertaken for the purposes of this Act to the President of India who shall cause the report to be laid before both the Houses of Parliament along with action taken thereon by the Central Government as soon as it is received.

10. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty.

11. The provisions of this Act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith, contained in any other law for the time being in force, but save as aforesaid the provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.

12. The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

Miscellaneous provisions.

Central Government to provide funds.

Annual Report of the Authority.

Power to remove difficulty.

Act to have overriding effect.

Power to make rules.

STATEMENT  OF  OBJECTS  AND  REASONS

There are crores of destitute, indigent and neglected citizens consisting of widows, senior citizens, orphans and other underprivileged children, physically challenged ones and quite a large number of them live uncared for in our Country. They are stricken with infirmity particularly due to old age or physical deformity or serious and prolonged ailment and many of them suffer from mental imbalance. Majority of such citizens have no means to support themselves and they are ill treated by people at large. Unfortunately, the number of such citizens is increasing day by day. In a welfare state like ours it is the solemn duty of the state to take care of such destitute, indigent and neglected citizens. For this purpose an independent Authority will have to be established with sufficient funds and this Authority will be entrusted with the main function of formulating welfare schemes for such hapless citizens and implement them with sincerity and zeal.

Hence this Bill.

ABHISHEK MANU SINGHVI

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FINANCIAL  MEMORANDUM

Clause 3 of the Bill provides for the establishment of the Destitute, Indigent and Neglected Citizens Welfare Authority. Clause 4(2) provides for remuneration and facilities to the Chairperson, Vice-Chairperson and members.  Clause 6 proivdes for certain facilities to be provided to the destitute women, indigent and senior citizens. Clause 8 makes it obligatory for the Central Government to provide adequate funds to the Authority for the purposes of the Bill. The Bill, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees ten thousand crore may involve as recurring expenditure per annum.

A sum of rupees five thousand crore may also involve as non-recurring expenditure.

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MEMORANDUM  REGARDING  DELEGATED  LEGISLATION

Clause 12 of the Bill gives power to the Central Government to make rules for carrying out the purposes of the Bill. The rules will relate to matters of details only.

The delegation of legislative power is of normal character.

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RAJYA   SABHA

————

A

BILL

to provide for the due care, maintenance and welfare measures to be initiated by the State for those citizens who are destitute, indigent, stricken with poverty or infirmity due to old age, incurable disease or physically challenged ones, and those who are without independent source of livelihood like widows, senior citizens, orphans and underprivileged children and for matters connected therewith or incidental thereto.

————

(Dr. Abhishek Manu Singhvi, M.P.)

MGIPMRND—1762RS—27-04-2007.

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