Punjab

BHAGWANT MANN GOVT MUST AMEND STATE WOMEN COMMISSION LAW BEFORE APPOINTING NEW CHAIRPERSON & MEMBERS, SAYS ADVOCATE HEMANT KUMAR

Dharam Loona | March 12, 2023 11:53 AM
Dharam Loona

POSTS OF SENIOR VICE-CHAIRPERSON AND VICE-CHAIRPERSON IN THE STATE COMMISSION MUST BE ABOLISHED TO BRING IT AT PAR WITH NATIONAL COMMISSION FOR WOMEN 

 Face2News/Chandigarh 

After issuance of a recent Gazette Notification by Government of Punjab in the Department of Social Security and Women & Child Development pertaining to withdrawal of extension of term granted to Manisha Gulati as Chairperson of Punjab State Women Commission (PSWC) with immediate effect, decks seems to have been cleared for the appointment of successor of Gulati.

Meanwhile, an Advocate at Punjab & Haryana High Court, Hemant Kumar, seriously wonders over how and why it took a full year for Bhagwant Mann led AAP Government, which assumed reins of power in Punjab on 16 March 2022, to sack the erstwhile Chairperson of PSWC, who although was appointed as such by then Capt Amarinder Singh led Congress Govt in March, 2018 however she continued even after completion of her otherwise statutory mandated term of three years as provided in Section 4 (1) of Punjab State Commission for Women Act, 2001.

This was owing to an extension in her tenure as granted by Capt. Amarinder dispensation in Sep, 2020 which has however recently been withdrawn.

The Advocate says that it would be wise if Section 3 of the 2001 Act is also amended and posts of Senior Vice-Chairperson and Vice Chairperson in the PSWC are abolished thus providing for posts of only Chairperson and Members in PSWC as is the case in National Commission for Women (NCW) as well in certain other State Women Commission including in Delhi Commission for Women under the Government of NCT of Delhi.

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Although Gulati had moved the Punjab & Haryana High Court challenging an earlier Order dated 31 Jan 2023 on her removal from the ibid post after which such Order was withdrawn, the State Government however submitted in the Court that State proposes to pass an appropriate fresh Order in accordance with law. Now via a Notification published in the Punjab State Official Gazette dated 10 March 2023 the same has been done.

Amidst all this, Hemant comprehends that since Aam Aadmi Party (AAP) enjoys an overwhelming majority in Punjab Vidhan Sabha wherein it has whopping 92 seats in the 117 member House, it could have easily amended Punjab State Commission for Women Act, 2001 or even re-enacted the same law during the past one year if it was really serious in ensuring earlier ouster of Gulati as Chairperson of PSWC.

After all, the Bhagwant Mann Government also enacted Punjab State Vigilance Commission-PSVC (Repeal) Act, 2022. This PSVC Act, 2020 was enacted by then Captain Amarinder Singh led Cong regime during the tenure of 15th Punjab Vidhan Sabha. Thereafter, in March, 2021 a former Judge and also Acting Chief Justice of Punjab and Haryana High Court , Justice Mehtab Singh Gill (Retired) was appointed as State Chief Vigilance Commissioner. As per PSVC Act, 2020, (now repealed) the tenure of SCVC was for a period of five years. There was no age bar. Hence Justice Gill (Rtd) could have continued till Apr, 2026 had that Act not got repealed in the year 2022 by Bhagwant Mann Govt.

Be that as it may, Hemant further says that as the current Section 4 (4) of Punjab State Commission for Women Act, 2001 provides that a vacancy caused (including of Chairperson) shall be filled in, as soon as may be, by a fresh nomination by the Government and the person so nominated, shall hold office for the remainder of the term of office of the person in whose vacancy such person has been nominated, would have held office, if the vacancy had not occured.

Hence, in view of the same, there might be sort of statutory (legal) ambiguity/glitch on the duration of the first term of the new Chairperson of Punjab State Women Commission who would be appointed by Bhagwant Mann led AAP Government in coming days i.e. if such new Chairperson would have a full three years term as provided in Section 4 of Punjab State Commission for Women Act, 2001 or else for the remainder of the term of now ousted (erstwhile) Chairperson Manisha Gulati.

Therefore, Hemant has appealed to the Bhagwant Mann Government for appropriate amendment or else complete substitution of Section 4 of Punjab State Commission for Women Act, 2001 which deals with Term of office and conditions of Service of Chairperson, Vice-Chairperson and Members.

The Advocate says that it would be wise if Section 3 of the 2001 Act is also amended and posts of Senior Vice-Chairperson and Vice Chairperson in the PSWC are abolished thus providing for posts of only Chairperson and Members in PSWC as is the case in National Commission for Women (NCW) as well in certain other State Women Commission including in Delhi Commission for Women under the Government of NCT of Delhi.

Pertinent that in the ongoing Budget Session of Punjab Vidhan Sabha, the Bhagwant Mann Government is also scheduled to get passed from the House the Punjab State Commission for Scheduled Castes (Amendment) Bill, 2023 so as to amend the Punjab State Commission for Scheduled Castes Act, 2004 which tends to abolish the posts of Senior Vice-Chairperson and Vice-Chairperson in such Commission, quips Hemant.

 
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