ALL INDIA POLITICAL PARTIES MEET 2015

Transcription

1 ALL INDIA POLITICAL PARTIES MEET 2015 Background Guide CHAIRPERSON- AKASHNEEL SARMA

2 Dear Delegates, It gives me immense pleasure to welcome you all to welcome you all to the very first session of Maria s Model United Nations As the Chairperson of the All India Political Parties Meet, I expect all delegates to be thoroughly well versed with the topic. I expect all delegates to go through the background guide very well as it contains very vital information which all delegates must be aware of to facilitate smooth functioning of the Committee. The purpose of this background Guide is not to provide you with all the explicit and implicit information regarding the issues to be discussed but rather provide you an insight to the issues in brief which will help facilitate in your research work. The background guide also makes an attempt to make you understand what to expect from the committee as delegates and what I as a chair expect from the delegates. Lastly I wish you all the best and I hope to provide you with a munning experience like never before. If you have any queries please feel free to contact me anytime on mmun2015@gmail.com or akashneels3@gmail.com. Eagerly looking forward to hosting you in May, Akashneel Sarma Chairperson, AIPPM 2015 MMUN 2015.

3 Special rules of procedure pertaining to this committee Ladies and Gentlemen, In this year's AIPPM, we shall have delegates representing politicians from all around India, with a multitude of opinions on how an issue can be best solved. It is advised that all delegates go through the following guidelines carefully to assist smooth functioning of the committee. To facilitate discussion, we will follow a special set of procedures- I. Delegates may use either English or Hindi as a medium of discussion. However all official documents shall be presented in English only. II. III. IV. Delegates can be either dressed up in Western or Indian formals/ethic attire The time allotted for the General Speakers list shall be 2 minutes. After every speech, question to the politician on the floor shall be in order, if the speech lasted for less than 2 minutes in duration. This question shall pertain to the politician's speech or a speech made by another member of the said politician's political party. However, a member may be selected at random from any political party at to present his or her party's stance on the issue, at any point during committee proceedings.

4 V. The Committee has no effective resolutions. However, you can write together with each other inter-party treaties that shall resolve to work together on this issue on a respective prospective or current Bill in the Parliament or any Legislative Assembly/Legislative Council. a. In case of a prospective Bill, you shall be required to write the Bill in its entirety in an annex following U.N. Resolution Format. b. All the members of the political parties referred to in said treaty will be required to sign the treaty showing acceptance of the treaty in its entire form. c. Any inter-party treaty/working paper without the signature of all the members of the political parties will be tabled. d. Delegates shall be allowed to present inter-party treaties to the chair from the very first session. VI. VII. A bill/resolution can have a maximum of five authors. The Chair is not the Lok Sabha Speaker/ President or any specific physical identity. However, the Chair shall be present to moderate debate and also can present developing / breaking news /crisis update pertaining to the issue, which can alter the flow of debate for a while. The Chair is ready to be advised by you on changes to Committee procedure which shall be allowed after an overwhelming majority. Agenda 1: The Jan Lokpal Bill What is the Jan Lokpal Bill? The Jan Lokpal Bill, also referred to as the Citizen's Ombudsman Bill, is an anti-corruption bill drafted and drawn up by civil society activists in India seeking the appointment of a Jan Lokpal, an independent body to investigate corruption cases. It was drafted by former Supreme Court Judge and former Lokayukta of Karnataka Santosh hedge, and Supreme Court lawyer Prashant Bhusan and RTI activist Arvind Kejriwal. The Jan Lokpal bill was aimed to be enacted to provide a strong deterrence against corruption. It seek to from an independent body which can punish and imprison government officials, politicians and Bureaucrats without government permission.

5 Why the Jan Lokpal Bill? Corruption in India has remained always one of the main social evils preventing progress. The Jan Lokpal which seeks to form a lokpal committee claims to effectively deal with the problem of Corruption in India. However the members of the Parliament who drafts laws for the entire nation perceive the jan Lokpal to be a great threat as it may make them vulnerable and insecure. Hence the Jan Lokpal Bill is a heatly debated issue in the parliament to which no probable solutions have been reached till date. History of Lokpal- The Lokpal and Lokayukta Bill was first introduced in Fourth Lok Sabha in However the bill was not passed by the Rajya Sabha and it finally collapsed as the Lok Sabha subsequently dissolved. Since then the bill have been introduced several times, more than six times in the parliament but each time it failed to come into effect. Finally in the winter session of Parliament in 2011 the Lok Sabha passed the controversial Lokpal bill but could not be passed in the Rajya Sabha due to shortage of time. The Lokpal bill was finally passed of the 17 th of December in the Rajya Sabha and on the 18 th of December in the Lok Sabha, India against Corruption Movement (IAC MOVEMENT)- India against Corruption (IAC) is an anti-corruption movement in India which was, which rose to prominence in the year 2011 and 2012 which aimed to introduce the proposed Jan Lokpal Bill led by Anna Hazzare. It sought to mobilize masses to strongly protest and fight against corruption. Divisions amongst key members of the IAC's core committee eventually led to a split within the movement. Arvind Kejriwal left to form the Aam Aadmi Party, while Anna Hazare left to form Jantantra Morcha. The India against corruption movement brought about a new awareness among the citizens of the nation and the leader of the movement Anna Hazzare widely cam to be regarded as the Greatest Indian after Gandhi. However after a sudden year or so of the sudden upsurge the movement slowly started losing its momentum and the movement received a further set back after a spilt within the group which led to the formation of the Aam Aadmi Party led by Arvind Kejriwal. The Lokpal and Lokayukta Act 2013 Following massive protest and pressure from the India Against Corruption Movement led by anti-corruption Crusader Anna Hazare and his associates, The Government passed the Lokpal and Lokayukta Act 2013 which "seeks to provide for the establishment of the institution of Lokpal to inquire into allegations of corruption against certain public functionaries and for matters connecting them". However the act was criticized as it did not go according to the provisions of the original Jan Lokpal Bill which was

6 proposed. The act was moreover seen as a deliberate attempt as a compromise and an eyewash for the masses. I expect all delegates to clearly go through all the clauses of the Proposed Jan Lokpal Bill and the Lokpal bill that was actually passed by the Indian Parliament on 18 th December Main Objectives of the Proposed Jan Lokpal Bill- 1. Purpose-To establish a central government Anti-corruption Lokpal institution, supported by the Lokayukta at the center. 2. Autonomy- Like the Supreme Court of India and the Election Commission, the Jan Lokpal Bill seeks to from an independent body with financial autonomy, completely free from government influence. 3. Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years. 4. The loss that a corrupt person caused to the government will be recovered at the time of conviction. 5. How will it help a common citizen-if any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant. 6.Scope of the LOKPAL- So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a month's time. You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years. 7. How will the members of the Lokpal be appointed -That won't be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process. 8. Transparency- The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months. 9. Role of CBI and other existing Anti-Corruption Agencies- CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician.

7 10. Protection of Whistle Blowers- It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption. (This draft provides only for the Lokpal for central public servants. Similar provisions for Lokayukta in the States to deal with public servants of the State have also been incorporated in the bill) As delegates you need to discuss the various clauses of the jan Lokpal, its flaws and merits and table the original or modified version of the Jan lokpal which will ultimately be put to vote. Agenda 2: The Ghar Wapsi Issue What is the Ghar Wapsi Issue? The Ghar Wapsi is a series of religious conversion activities undertaken by religious Hindu groups such Vishva Hindu Parisad( VHP) and Rashtriya Swayamsevak Sangh toconvert non Hindu s into Hinduism. The Ghar Wapsi or these religious conversions back into Hinduism is claimed by religious organizations such as the VHP and RSS as an attempt to bring back people into the fold of Hinduism who were forcefully converted into other religions in the past. The Bharatiya Janata Party has claimed that this is a means to get conversions banned altogether in the country. It has also been strongly alleged that these groups who are performing ghar wapsi have close relations with the ruling NDA government led by Narendra Modi. The Gorakhpur BJP MP had said that if a Hindu got converted in the past for some reasons than Ghar Wapsi should be allowed. India s winter session of the parliament which ended last month was disrupted for days as opposition members protest agsinst the forceful conversions by Hindu groups, however the Hindu groups deny allegedly forceful conversions of minority as they claim that these conversions were completely voluntarily Controversy Around Religious Conversions-

8 Firebrand BJP MP Yogi Adityanath has stoked a fresh controversy saying VHP s Ghar wapsi programme will continue unless conversions are banned and claimed India s problem was vote bank politics fuelled by jihadi fervour. This statement by Yogi Aditya Nath, BJP MP and BJP face of Hindutva, has caused widespread anger and fear especially among the minority communities in India. The Hindu outfit has come under criticism for its programme to reconvert people who it claims had changed their religion from Hinduism. The BJP Government has been left embarrassed by the comments made by some of its MP s and has tried to distance itseft away from such comments. Prime Minsiter Narendra Modi has suggested that the creation of a national law could help prevent forcible religious conversations. How the opposition has firmly stood against it with the opinion that that the Indian Constution grants each individual the freedom to practice profess and propagate any religion. A conversion rituals of around 200 christians to Hinduism in Gujrat on December 20, 2014 followed by the row of religious conversions in India has sparked a debate whether the country needs a nation wide anti conversion law. The Indian Constitution in Article 25 grants to citizens of India of all religious persuasions freedom to profess, practise and propagate their faith in a way that does not disrupt public order and does not affect public health and morality adversely. The Article 25 of the Indian Constitution is a basic human rights guarantee that cannot be subverted or misinterpreted in any manner. In 2013, the Bharatiya Janata Party general secretary Venkaiah Naidu has declared that his party would bring anti-conversion laws nationwide if his party is elected to power in However, as of April 2015, the party does not yet have a majority in the Upper House of the Parliament. The president of party Amit Shah has challenged the opposition parties to support it in enacting such a law. Anti Conversion laws in India- Currently five Indian States namely Orissa, Madhya Pradesh, Himachal pradsh Chattisgarh and Gujrat have anti conversion laws in place to prevent forced conversions, however these laws do not ban conversions as long as they are voluntary. Arunachal Pradesh also has an anti conversion law enacted but the rules needed to enforce it hasent been framed. The state of Rajashthan has a bill pending yet to be turned into a law. All these laws seek to prevent conversions including fraudulent or by allument which includes threat, mental torture or social boycott. As delegates it is essential for you to keep in mind that both topics will be discussed in great depth in the committee session. The information provided above is just a basic introduction to the topic and is will not be sufficient enough for you to be thoroughly versed with the topic. The main agenda of the committee is to come up with a

9 resolution at the end of the committee session which sums up the discussion and provides a plausible solution. Delegates also need to keep in mind that resolution may need to be drafted for both the agendas and any one of the agendas, according to the availability of time. I also expect all delegates to start off with their research immediately. The Last date for the submission of both the position paper in the 29 th of April which needs to be send at akashneels3@gmail.com. A sample AIPPM resolution and Position paper has been provided to you.

10 Resolution 1.1 Committee: All India Political Party Meet 2015 Topic Area: Article 377 of the Indian Penal Code Sponsors: Sonia Gandhi, Rahul Gandhi, Mamata Banerjee, Digvijay Singh, Sitaram Yechury Signatories: Mani Shankar Aiyer, Jyotiraditya Scindia, Raj Thackrey Approves the2nd July, 2009 Delhi High Court verdict on Article 377 of the Indian Penal Code which decriminalizes consensual sexual acts of the homosexuals in private, Condemns the discrimination faced by lesbian, gay, bisexuals and transgender in India, Emphasizes the need of increased medical assistance to be provided to the LGBT community to prevent HIV-AIDS, Reaffirming that the United Nations has passed the LGBT rights declaration in December 2008, Reaffirming once again to the opposing party to come up with ideas and assistance to protect the minority LGBT community of India, Further reminds that under Section 377, the homosexual and transgender community can be arrested on grounds of suspicion, Condemns the physical, mental, economic, and emotional violence on the LGBT community;

11 Congratulates the state of Tamil Nadu to be the first to provide Transgender rights in India, 1. Supports the repeal of Article 377 and decriminalize homosexuality in India; 2. Appeals to the government to run an anti-homophobic campaign or assembly; 3. Proclaims to let the able bodied members of society (LGBT community or the minority community) who want to work in any sphere of the employment sector against discrimination; 4. Calls upon both the public and private health sector to provide the LGBT community with rightful treatment, diagnosis, medicines; 5. Encourages sex education in the school level and online or personal counselling to help the LGBT community to overcome hurdles in life; 6. Requests the recognition of same sex couples and child adoption by same sex couples; 7. Further requests access to IVF for lesbians and commercial surrogacy for gay male couples; 8. Emphasizing the importance of facilitating the access to community based providers who have experience in providing health services, including HIV/STD testing and counselling and providing them with pensions; 9. Further recommends legal funds to be created that can take on Public Interest Litigation (PIL) on LGBT issues; 10. Urges local authorities, policy makers, schools, and families need more education on accepting gender-variant children, and in treating people of different sexualities and gender identities equally, and in applying policies and programs in a friendly manner, rather than being hostile; 11. Encourages the NGO s and HIV/AIDS rights activists to continue their support towards the LGBT community; 12. Further requests to change societal attitude, media has to play a responsible role by reporting on LGBT issues and promoting a culture of tolerance and freedom for minorities.

12 POSITION PAPER 1. A position paper should not exceed more than 700 words 2. It should have three paragraphs- Introduction to the topic Party s Stand on the topic The politician you are representing s send on the topic. 3. The header should include the name of the committee, the agenda party symbol, the name of the party, the name of the party you are representing and your name.