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SHRI DEREK O’BRIEN: Sir, give us the response to the points we have raised.

SHRI MULLAPPALLY RAMACHANDRAN: Yes, I will give my response. I am coming to the points.

Sir, Koshyariji, hon. former Chief Minister of Uttarakhand, was the first person who initiated the discussion. He gave a graphic picture of what had really happened in Uttarakhand after the disaster. His views were in fact echoed by almost all the Members in this House. He called for special efforts for re-development and rehabilitation of Uttarakhand. He also mentioned about the villages situated in geologically sensitive areas. His suggestions are well taken.

Sir, Km. Mayawatiji, the hon. former Chief Minister of Uttar Pradesh, raised a very valid point regarding the number of people reported...(Interruptions)...

SHRI RAM VILAS PASWAN: No. I spoke after him.

SHRI MULLAPPALLY RAMACHANDRAN: Yes. ...(Interruptions)... I am coming to that.

Ram Vilas Paswanji expressed his concerns about the need to pay attention to ecology, planning and better preparedness of disaster management. He also highlighted the heroic role played by the personnel of our armed forces and demanded that their sacrifice and bravery should be recognised and suitably rewarded. I would like to state that this will be examined as per the Government rules.

Sir, coming to Mayawatiji’s observations, very valid points have been raised by her. We have taken note of each and every point. For speedy reconstruction of Uttarakhand, she had made certain very valuable suggestions. I would like to submit that the Uttarakhand Government had set up a Missing Persons Cell for identification of the missing persons. The Missing Persons Cell was in fact functioning in a most professional manner. Detailed examination of information received from various sources is being compiled. Data received at the Missing Persons Cell range from personal contacts, letters, phone calls, e-mails, uploading data on the Uttarakhand Government’s website, etc. and are being monitored by the State Government. It showed the last call from any place in Uttarakhand on 16th or 17th June and shows no further data.

(Contd. by VKK/3Y)



-YSR/VKK-PSV/3Y/5.25

SHRI MULLAPPALLY RAMACHANDRAN (CONTD.): The State Government has devised a procedure for enquiry in Uttarakhand as well as the State of normal residence of the persons so that the next of kin of such missing persons, who can be presumed to be no more, would be given an ex gratia amount of Rs.5 lakh each, on par with the deceased person. Sir, I fully agree with Madam Mayawatiji that special attention needs to be paid to the ecology and environment of this fragile hilly area. Shri Prasanta Chatterjee, an hon. Member, has raised the issue of restoration of roads and communication network. I have already touched upon that point. Regarding telecommunication infrastructure, I would like to submit that immediate point-to-point communication by telephone was established at Kedarnath, Badrinath, Barkot and Harshil. Shri Baishnab Parida, an hon. Member, mentioned the issue of rebuilding of infrastructure of the affected areas. I have already replied to that point. Sir, a reference has been made by some Members to the restoration and protection of the Kedarnath Temple. Cabinet Committee on Uttarakhand first met on 31st July and took a decision regarding providing appropriate assistance to the State Government for restoring and protecting the Kedarnath Temple. Shri Birendra Prasad Baishya, who is not here, made a point about the North-Eastern Region. The Central Government is always paying special attention to the North-Eastern Region, which has some problems. Hon. Member, Shri N.K. Singh, has made a very valid point. He made a reference – Dr. Maitreyan also made that reference – to the audit report on deficiencies, lacunae, etc., in the disaster preparedness in our country, especially in respect of the National Disaster Management Authority. Replies to queries of audit on the above issues have been submitted to the Public Accounts Committee.

Regarding preparation of a National Plan for Disaster Management, I may submit that consultation process with all concerned stakeholders is going on and a Draft National Policy for Response, Mitigation and Human Resource has been prepared and circulated to the stakeholders for comments. Hon. Member, Shri Raja, also made that point. In this connection, I would say that a draft National Plan encompassing all facets of response, mitigation and human resource will be shortly considered by the National Executive Committee.

Sir, it is a fact that we need to further augment and strengthen our disaster management mechanism and preparedness. A Task Force has been constituted by the Government of India in the year 2011 to study and report on the lacunae, deficiencies and bottlenecks in the disaster response mechanism. The Task Force has already submitted its report and the Government of India is, in fact, examining that report deeply.

Sir, regarding ex gratia payment, I would like to share that the State Government has announced Rs.5 lakh per deceased person including Rs.1.5 lakh from National Disaster Response Fund, Rs.2 lakh from the Prime Minister’s National Relief Fund and Rs.1.5 lakh from the State Government would be paid to the next of kin of dead persons or feared to be dead persons. The Government of Uttar Pradesh has already paid an amount of Rs.5 lakh as ex gratia to 550 persons. Sir, now, I come to some of the other important points highlighted by hon. Members.



MR. DEPUTY CHAIRMAN: You can also write to the Members. ...(Interruptions)... No time. ...(Interruptions)... You do not speak. ...(Interruptions)...

SHRI MULLAPPALLY RAMACHANDRAN: Immediately after getting information from the Indian Meteorological Department, the State Government has given advisory to all concerned agencies, district authorities and other agencies to be on their legs. ...(Interruptions)...

MR. DEPUTY CHAIRMAN: No, no. ...(Interruptions)... Please let him conclude. ...(Interruptions)...

SHRI MULLAPPALLY RAMACHANDRAN: On road connectivity, I will give you the details. ...(Interruptions)...

MR. DEPUTY CHAIRMAN: He has already spoken on that. ...(Interruptions)...

(Contd. by KR/3Z)

KR/VNK/3Z/5.30



MR. DEPUTY CHAIRMAN (CONTD.): Let him conclude. ..(Interruptiolns)... Most of the points he has replied. What more do you want? If anything is left out, he will write to you.

SHRI DEREK O'BRIEN: My young colleague has asked two specific questions. The first one was on the National Disaster Management? The second one was about what you are going to do about the sustainable tourism. No answer. He could not clarify on the National Disaster Management Authority. ..(Interruptions)...

MR. DEPUTY CHAIRMAN: He will write to you. ..(Interruptions)...

SHRI MULLAPALLY RAMACHANDRAN: I am coming to that point. More than 1,700 roads have been temporarily restored. Power supply to 3,700 ..(Interruptions)... I can write to individual Members on their queries. ..(Interruptions)..

MR. DEPUTY CHAIRMAN: He has replied to most of the points. Whatever remains, he can write to the hon. Members. ..(Interruptions)... He will write.

SHRI MULLAPALLY RAMACHANDRAN: On such a massive disaster there will be a lot of questions from hon. Members. I know that I will not be able to satisfy all the hon. Members. But I will write to them separately. ..(Interruptions)...

SHRI TARUN VIJAY: *

SHRI BASAWARAJ PATIL: *
* Not recorded.

MR. DEPUTY CHAIRMAN: No, it is not going on record. ..(Interruptions)... It is not going on record. Mr. Minister, don't listen to that. You finish your reply.

DR. V. MAITREYAN: The Minister can't send replies only to some Members. It is for all Members.

MR. DEPUTY CHAIRMAN: Okay, whatever he can say, let him say. What remains, he can write. That is what I have said. ..(Interruptions)...Don't disturb. Please listen.

श्री राम कृपाल यादव: सर, आपने सही कहा कि संबंधित माननीय सदस्यों को लिखित रूप से जवाब दे दें। ...(व्यवधान)...

श्री उपसभापति: आप क्यों डिस्टर्ब करते हैं? ...(व्यवधान)...

SHRI MULLAPALLY RAMACHANDRAN: I will write to hon. Members about the points that they have raised. I have absolutely no problem with that because a lot of issues have been raised here.

श्री प्रशांत चटर्जी: सर, मंत्री जी इतना बोल चुके हैं, लेकिन अभी तक रोड की serviceability has not been improved. ..(Interruptions)... कोश्यारी जी अभी बोलेंगे। ...(व्यवधान)...

MR. DEPUTY CHAIRMAN: He will reply to whatever is possible now. ..(Interruptions)... Many of the points you have raised suddenly. ..(Interruptions)... Let him finish. ..(Interruptions)... Suddenly you are raising points. Let him finish. ..(Interruptions)...

SHRI MULLAPALLY RAMACHANDRAN: I will reply to each and every point.

प्रो. राम गोपाल यादव: तब तो यह जो तलाक वाला बिल ले रहे हैं, वह आज नहीं हो पाएगा। ...(व्यवधान)...

संसदीय कार्य मंत्रालय में राज्य मंत्री (श्री राजीव शुक्ल): राम गोपाल जी, आप बैठिए न, आप क्यों परेशान हो रहे हैं। ...(व्यवधान)...

MR. DEPUTY CHAIRMAN: He has replied to most of the points. ..(Interruptions)... Nothing will go on record except what the Minister says.

SHRI MULLAPALLY RAMACHANDRAN: I express my gratitude to the hon. Members for their valuable suggestions. I am sure that State disaster mitigation plans and National Disaster Plans will take into account the learnings from the Uttarakhand Disaster so that the systems are improved significantly and the losses in natural disasters are reduced.

Our dream is to build a disaster resilient India. That would be the true homage to the victims of the Uttarakhand disaster. (Ends)



MR. DEPUTY CHAIRMAN: Thank you very much. Now, further consideration of .. ..(Interruptions)...

SHRI BHAGAT SINGH KOSHYARI: Sir, I want to seek two or three clarifications. महोदय, पहले क्वेश्चन ऑवर में एक प्रश्न का यह उत्तर आया है कि मेटरोलॉजिकल डिपार्टमेंट ने इन टाइम यह सूचना दो दिन पहले ही दे दी थी और उन्होंने यह भी कहा था कि वहां पर यात्रियों को मत जाने दें। ये सारी सूचना हमारे पास पहले ही एक प्रश्न के उत्तर में आ चुकी है। उसके बाद जो भी कमियां हुई हैं या अभी कुछ माननीय सदस्यों ने सीएजी रिपोर्ट के संबंध में बोला है, उन सब के परिप्रेक्ष्य में क्या आप उच्चतम न्यायालय के एक िसटिंग जज से इन सारे प्रकरणों की जांच कराएंगे, ताकि दूध का दूध और पानी का पानी हो सके? ..(Interruptions)...

THE MINISTER OF LAW AND JUSTICE (SHRI KAPIL SIBAL): No, no.

SHRI BHAGAT SINGH KOSHYARI : Why are you speaking? क्या कपिल साहब संबंधित मिनिस्टर हैं, जो नो बोल रहे हैं? ...(व्यवधान)...

MR. DEPUTY CHAIRMAN: If you can reply, you reply to that.

SHRI BHAGAT SINGH KOSHYARI: Let me put all the three questions. ..(Interruptions)...

श्री उपसभापति: कोश्यारी जी, हो गया। ...(व्यवधान)...

(Followed by 4A/DS)



-KR/VK-DS/4A/5.35

श्री भगत सिंह कोश्यारी: सर, यह बहुत ही इम्पॉर्टेंट विषय है। मेरा दूसरा निवेदन यह है कि वहाँ रिहैबिलिटेशन के लिए आप क्या कर रहे हैं? वहाँ 20 हजार करोड़ रुपये से ज्यादा का नुकसान हुआ, लेकिन वहाँ पर जो आपकी स्टेट गवर्नमेंट है, उसने 13,900 करोड़ रुपये आपसे माँगे हैं। ये रुपये ग्रांट के रूप में आप उनको कब तक देंगे? हमें यह बताने की कृपा करें।

श्री उपसभापति: ठीक है, अब हो गया। ..(व्यवधान)..

श्री भगत सिंह कोश्यारी: तीसरा, जैसी कि वहाँ डिजास्टर मैनेजमेंट के बारे में सब लोगों ने माँग की है, तो क्या आप उसके लिए एक सर्वदलीय कमिटी बनाएँगे जो उसका ठीक से मैनेजमेंट कर सके? ..(व्यवधान).. मैं इसका उत्तर आपसे चाहता हूँ।

MR. DEPUTY CHAIRMAN: Mr. Minister, if you can reply to it, you reply; otherwise, you write to him.

SHRI MULLAPPALLY RAMACHANDRAN: Mr. Deputy Chairman, Sir, I have already replied to the points raised by Koshyariji in the beginning itself. A Cabinet Committee under the Chairmanship of the Prime Minister is looking into all aspects of their rehabilitation so far as Uttarakhand is concerned. Definitely, we will pay attention to whatever needs are there for the Uttarakhand Government. We will be very seriously considering all these issues.

श्री भगत सिंह कोश्यारी: सर, हम इनके जवाब से संतुष्ट नहीं है, इसलिए हम सदन से वाकआउट करते हैं। ..(व्यवधान)..

(इस समय कुछ माननीय सदस्य सदन से बाहर चले गए)

(समाप्त)



MR. DEPUTY CHAIRMAN: Now further consideration of the following motion moved by Shri Salman Khurshid, that is, The Marriage Laws (Amendment) Bill, 2010.

The Marriage Laws (Amendment) Bill, 2010 – (contd.)

THE MINISTER OF LAW AND JUSTICE (SHRI KAPIL SIBAL): Mr. Deputy Chairman, Sir, I beg to move:-

That the Bill further to amend the Hindu Marriage Act, 1955 ...(Interruptions)...



MR. DEPUTY CHAIRMAN: Then you will have to sit all through.

SHRI KAPIL SIBAL: Sir, I can start now. ...(Interruptions)...

SHRI P. RAJEEVE: Sir, I have an objection. Now the Minister has submitted eight amendments. Out of these eight amendments, six amendments are very important.

MR. DEPUTY CHAIRMAN: We will consider each amendment.

SHRI P. RAJEEVE: That changes the form of the Bill. So, further discussion is needed. Without discussion, we cannot allow this Bill to be passed.

MR. DEPUTY CHAIRMAN: Let me tell you, Mr. Rajeeve. ...(Interruptions)... See, each amendment will be taken up and then it will be considered and passed. ...(Interruptions)...

SHRI P. RAJEEVE: Then will the discussion be allowed on each amendment? ...(Interruptions)...

MR. DEPUTY CHAIRMAN: If you have any objection, you can raise it at that time. ...(Interruptions)...

SHRI P. RAJEEVE: No, Sir. These are very important amendments. These should be discussed. ...(Interruptions)...

MR. DEPUTY CHAIRMAN: With regard to amendments ...(Interruptions)... Mr. Rajeeve, ...(Interruptions)...

SHRI P. RAJEEVE: Sir, out of eight amendments, six amendments are very important. These are very important amendments.

MR. DEPUTY CHAIRMAN: I am agreeing with you. ...(Interruptions)...

SHRI P. RAJEEVE: This is a new Amendment Bill itself.

MR. DEPUTY CHAIRMAN: That is what I am saying. ...(Interruptions)... Every amendment is new.

SHRI P. RAJEEVE: This is not a new ...(Interruptions)...

MR. DEPUTY CHAIRMAN: See, there is no difference between old amendment and new amendment. Every amendment is an amendment. That is number one. ...(Interruptions)... Let me complete. ...(Interruptions)... Therefore, because there are new amendments, we will take up each amendment and at that time, if you have any objection, you can raise your objection. We will consider that. I will give you time to raise your objection.

SHRI P. RAJEEVE: Sir, allow me to complete. This is an Amendment Bill. It was discussed in the House earlier also and a serious criticism had been made. Thereafter, the Chair deferred the Bill for further consultations. Now, the Minister has come with eight amendments. Out of these eight amendments, six are substantial amendments. It is not a correction or change of year. These six amendments clearly indicate that this is a new form of Amendment Bill. Therefore, it should be discussed properly.

SHRI TAPAN KUMAR SEN: The Bill has been totally recast. ...(Interruptions)...

श्रीमती माया सिंह: सर, इस पर डिस्कशन होना चाहिए। ..(व्यवधान).. इससे पहले भी इस पर डिस्कशन हो चुका है, लेकिन अब इसमें ये जो अमेंडमेंट्स आए हैं, इस पर सब लोगों के अलग-अलग सुझाव हैं।

डा. नजमा ए. हेपतुल्ला: सर, इस पर पहले भी डिस्कशन हुआ है, लेकिन इस बिल पर डिस्कशन नहीं हुआ है। जो बिल पहले आया था, उस पर डिस्कशन हुआ है।

MR. DEPUTY CHAIRMAN: Both of you are speaking.

डा. नजमा ए. हेपतुल्ला: हम दोनों एक ही बात बोल रहे हैं। हम अलग-अलग बात नहीं बोलते, हम एक ही बात बोलते हैं कि इस पर वे भी बोली थीं, मैं भी बोली थी और हमारे लीडर ऑफ अपोज़ीशन ने भी बोला था। सर, अगर यह एक्ज़ैक्टली वही बिल बिना अमेंडमेंट्स के होता, तो हम लोग नहीं बोलते, लेकिन अमेंडमेंट्स लाने से the entire Bill has changed because the amendments change the Bill.

MR. DEPUTY CHAIRMAN: But the amendments have been circulated. At the time of moving these amendments, you can object to it.

DR. NAJMA A. HEPTULLA: No, Sir. It cannot ...(Interruptions)...

MR. DEPUTY CHAIRMAN: I will allow you to speak.

DR. NAJMA A. HEPTULLA: We are very sorry to say that the entire Bill has changed because of the eight amendments. ...(Interruptions)... Sir, amendments have also been moved by a Member. ...(Interruptions)...

(Followed by RG/4B)



-VK/RG/5.40/4B

SHRI KAPIL SIBAL: Sir, the Amendments are consistent with the recommendations of the Standing Committee, and I will show and demonstrate it. The Standing Committee had made certain recommendations. In line with those recommendations, a discussion took place where distinguished Members wanted the wife to have a share in the property. It is in the context of that that we are moving this Amendment.

MR. DEPUTY CHAIRMAN: Let us do one thing. ..(Interruptions).. I am agreeing with you. Please sit down. The Minister may move and speak on it now. The passing of the Bill, we will postpone. Let the Minister say what he wants to say. ..(Interruptions)..

DR. V. MAITREYAN: After the Minister moves the Bill, will there be an elaborate discussion?

MR. DEPUTY CHAIRMAN: The discussion is over. ..(Interruptions)..

SHRI P. RAJEEVE: Sir, I have to make one point. The Minister said that the Bill was referred to the Standing Committee and that he had incorporated most of the recommendations of the Standing Committee into the Bill. That is the case in respect of most of the Bills. That never denies the right of the House to discuss any Bill.

SHRI KAPIL SIBAL: Sir, may I just point out one thing? What had happened was that when the Bill came up for discussion in the Rajya Sabha, during the course of the discussion in the Rajya Sabha, some distinguished Members suggested modification of the Bill to ensure that the wife and children have a share in the movable and immovable residential property and that there was an omission of the expression ‘property acquired during the subsistence of marriage’, that the wife should also have a share in the property acquired during the subsistence of marriage. It is in this context that further discussions took place and we are bringing in the amendments. That is all. There is nothing more than that.

MR. DEPUTY CHAIRMAN: Yes, that is to comply with the suggestions given in the House and the Standing Committee.

SHRI KAPIL SIBAL: We are not changing the intent of the Bill. ..(Interruptions).. The Members of the Rajya Sabha said, “Please incorporate it into the Bill and bring the Amendments.” ..(Interruptions).. It was the sense of the House and that is why it was adjourned. ..(Interruptions)..

DR. NAJMA A. HEPTULLA: That was not the only suggestion. There were many suggestions. We wanted the Minister to bring a comprehensive Bill. He was not the Minister then. We requested the then Minister to bring a comprehensive Bill. ..(Interruptions)..

SHRI KAPIL SIBAL: That is not correct.

DR. NAJMA A. HEPTULLA: That the wife should have a share in the husband’s property was one of the suggestions. There were many suggestions. If he has accepted one suggestion, then, what about the other suggestions? How can he say that it is the same Bill?

SHRI KAPIL SIBAL: There was no such discussion that we should bring a comprehensive Bill. That is not a part of the record. ..(Interruptions)..

SHRI PIYUSH GOYAL: These amendments were not brought before the Standing Committee, and the Standing Committee did not discuss those amendments. And, it is not one or two amendments but there are certain major amendments.

MR. DEPUTY CHAIRMAN: What I fail to understand is only this. There is no substantial or material change in the Bill. ..(Interruptions)..

SHRI PIYUSH GOYAL: How do you say that it is not substantial? You are taking away the provision by which conciliation...

MR. DEPUTY CHAIRMAN: Let me complete. There are, I think, eight amendments. As has been said by Mr. Rajeeve, these are new amendments. But when the amendment is moved, the Members have the right to object to it, and I will give them time to object with reasons. Likewise, we can consider each amendment and pass it or reject it. It is in your hands. ..(Interruptions)..

SHRI PIYUSH GOYAL: In two hours, we cannot discuss the amendments. ..(Interruptions).. You are taking away the sanctity of the House. ..(Interruptions)

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