 the anglo-indians welfare bill, 2016 byprof richard hay, mp——————arrangement of clauses—————— clauses chapter i preliminary1 short title, extent and commencement 2 definitions 3 guiding principles chapter ii rights and entitlements4 equality and non-discrimination 5 right to life and personal liberty 6 right to live in a community 7 protection from torture or cruel, inhuman or degrading treatment of punishment 8 protection from abuse, violence and exploitation 9 freedom of speech and expression10 right to integrity 11 access to justice 12 right to work chapter iii education13 duty of educational institutions  to provide inclusive education to anglo-indianstudents14 adult education for anglo-indians 15 establishment of university for anglo-indians chapter iv skill development and employment16 vocational training, self-employment, skill development and talent enhancement 17 nomination of anglo-indians to minorities commission, etc 18 non-discrimination in employment chapter v social security, health rehabilitation and recreation19 social security 20 healthcare facilities 21 rehabilitation of anglo-indians 22 leisure, culture and recreationclauses chapter vi duties of appropriate government23 awareness raising chapter vii miscellaneous24 central government to provide fund 25 act not in derogation of any other laws 26 no suit prosecution or other legal proceedings shall lie 27 act to have overriding effect 28 power to remove difficulty 29 power to make rules bill no 166 of  2016 the anglo-indians welfare bill, 2016by prof richard hay, mpa billto provide for the certain measures to be undertaken by the central government for the welfare of anglo-indians and for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-seventh year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the anglo-indians welfare act, 2016 (2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions(a) 'abuse' includes verbal and physical abuse;(b) 'anglo-indian' means a person whose father or any of whose other male progenitors in the male line is or was of european descent but who is domiciled within the territory of india and is or was born within such territory or parents habitually resident therein and not established there for temporary purposes only(c) 'appropriate government' means—52 of 1924(i) in relation to an establishment of the central government or an establishment, wholly or substantially owned or financed by that government or a cantonment board constituted under the cantonments act, 1924, or a union territory without legislature, or the provider of a service which pertains to list i in schedule vii of the constitution, the central government; and10(ii) in all other case, the state government or, as the case may be, the government of a union territory with legislature;15(d) 'discrimination' means any distinction, exclusion or restriction on the basis of gender identity and expression which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field and includes all forms of discrimination, including denial of reasonable accommodation;(e) 'establishment' means and includes—(i) departments and ministries of government of india;20(ii) local authorities and authorities or bodies owned, controlled or aided by the central and state government;2518 of 2013(iii) any statutory or non-statutory body created, owned, financially or administratively controlled or aided by the central or state government or any such body performing public or civil function and includes government companies as defined under sub-section (45) of section 2 of the companies act, 2013; and30(iv) any company, firm cooperative or other society, association, trust, agency, institution, organization, union, industry, supplier of goods or services, factory or other non-statutory body which is not covered under sub-clauses (i) to (iii) of this clause; (f) 'exploitation' means using an anglo-indian to one's own advantage to which one is not otherwise entitled, or to the latter advantage, to which such latter person is not otherwise liable35(g) 'local authority' means a municipality, a cantonment board, a panchayat or any other authority, established under an act of parliament, or a state legislature to administer the civic affairs of any habitation as defined in or under such act;| (                                                                                      | h   | ) 'prescribed' means prescribed by rules made under this act; and              ||----------------------------------------------------------------------------------------|-----|--------------------------------------------------------------------------------|| 40                                                                                     |     |                                                                                || (                                                                                      | i   | ) 'services' means services provided by members of any profession or trade, or || provided by any government, local authority or establishment and includes services     |     |                                                                                || relating to banking and finance, education, health, insurance, rehabilitation,         |     |                                                                                || entertainment, recreation and hospitality, transport or travel and telecommunications |     |                                                                                || guiding                                                                                |     |                                                                                || principles                                                                            |     |                                                                                || 45                                                                                     |     |                                                                                |3 the appropriate government and local authorities shall, subject to provisions of this act and any other law for the time being in force, take the following necessary steps to secure for anglo-indians—(a) respect for inherent dignity, individual autonomy including the freedom to make one's own choices and independence of persons;(b) non-discrimination; (c) full and effective participation and inclusion in society; (d) equality of opportunity; (e) accessibility; and (f) inclusive approach 5 chapter ii rights and entitlementsequality and nondiscrimination4 (1) the appropriate government shall take all necessary steps to ensure that anglo-indians enjoy the right of equality guaranteed under article 15 of the constitution on an equal basis with others10(2) the appropriate government shall take all necessary steps to ensure reasonable accommodation for the anglo-indians(3) the appropriate government shall take all necessary measures to ensure that every anglo-indian child enjoy human rights on an equal basis with other children and also ensure that every such child has right to freely express his views on all matters affecting him on equal basis with other children15right to life and personal liberty5 the appropriate government shall take necessary steps to ensure that every anglo-indian person enjoys the right to life with dignity and personal liberty guaranteed under article 21 of the constitution on an equal basis with othersright to live in a community6 (1) every anglo-indian shall have the right to live in the community with choices equal to others20(2) the appropriate government and local authorities shall take appropriate measures to ensure full enjoyment of the right mentioned in sub-section (1) by—(a) not obliging anglo-indians to live in any particular living arrangement;25(b) ensuring that anglo-indian who are old, infirm and disabled persons have access to a range of in-house, residential and other community support services; and;(c) providing a two bedroom housing unit to every anglo-indian who is deserted orphan or widow or senior citizen who need geriatric care;(d) making available community services and facilities available for the general population on an equal basis to anglo-indians; and30(e) establishing anglo-indian township in selected places where there is a substantial concentration population of anglo-indians357 the appropriate government and local authorities shall take all appropriate administrative and other measures to protect every person belonging to anglo-indian community from being subjected to torture, or cruel, inhuman or degrading treatment or punishmentprotection from torture or cruel, inhuman or degrading treatment or punishment8 (1) the appropriate government and local authorities shall take appropriate administrative, social, educational and other measures to protect every anglo-indian, both within and outside the home, from all forms of abuse, violence and exploitationprotection from abuse, violence and exploitation40(2) any person, or registered organization who or which has reason to believe that anact of abuse, violence or exploitation has been, or is being, or is likely to be committed against any anglo-indian, may give information about it to the executive magistrate in whose jurisdiction such incident occurs or is likely to occur, who, on receipt of such information, shall take immediate steps to stop it or prevent its occurrence as the case may be, or pass such order as he deems fit for the protection of anglo-indian45(3) any police officer who receives a complaint or otherwise comes to know of abuse, violence or exploitation towards any anglo-indian shall inform the aggrieved person of,—(a) the right to apply for protection under sub-section (2);5(b) the particulars of the nearest organization or institution working for the rehabilitation of anglo-indian who have been subject to abuse, violence or exploitation; and(c) the particulars of the executive magistrate having jurisdiction to provide assistance to aggrieved persons10(4) the appropriate government shall take all appropriate measures to prevent abuse, violence and exploitation against anglo-indians by, inter alia, providing information and raising awareness on:—(a) taking cognizance of incidents of abuse, violence and exploitation; (b) the legal remedies available against such incidents; (c) steps to be taken for avoiding such incidents;15(d) procedure for reporting such incidents; and (e) steps required for the rescue, protection and rehabilitation of anglo-indians who have been victims of such incidentsfreedom of speech and expression209 the appropriate government and local authorities shall take necessary steps toensure that every anglo-indian enjoys freedom of speech and expressions guaranteed under article 19 of the constitution, on an equal basis with othersright to integrity10 every anglo-indian shall have a right to respect for his or her physical, mental,social and cultural integrity on an equal basis with othersaccess to justice2511 (1) every anglo-indian shall, in their individual or representative capacity, as thecase may be, have the right to move any court, tribunal, authority, commission or any other body having judicial or quasi-judicial or investigative powers on an equal basis with others(2) the authorities in sub-section (1) shall ensure that every anglo-indian is able to exercise the right to approach their authorities without discrimination on the basis of being a member of minority community30(3) all the authorities mentioned in sub-section (1) shall evaluate the testimony, opinion or argument given by a anglo-indian on an equal basis with others and ensure that there is no discrimination whether directly or indirectly on the basis of being a number of minority community35(4) the national and state legal services authority shall ensure that anglo-indians have access to any scheme, program, facility or service offered by them on an equal basis with othersright to work12 the appropriate government and local authorities shall take all appropriateadministrative and other measure to provide employment opportunities and reservations in favour of persons belonging to anglo-indians40 chapter iii education13 the appropriate government and local authorities shall ensure that all educational institutions funded or recognised by them, provide inclusive education, and inter alia,—45(a) admit anglo-indian students without discrimination and provide them education as also opportunities for sports, recreation and leisure activities on an equal basis with others;duty of educational institutions to provide inclusive education to anglo-indian students(b) provide reasonable accommodation to every student belonging toanglo-indian;(c) provide necessary support in environment that maximise academic and socialdevelopment, consistent with the goal of full inclusion;5(d) monitor participation, progress in terms of attainment levels, and completionof education, by every anglo-indian student;(e) provide scholarship on merit-cum-need basis and also other facilities suchas fee-waiver, free textbooks, free hostel accommodation to every student belonging to anglo-indian community; and10(f) establish an anti-discrimination cell in every educational institutions tomonitor any form of discrimination against the students belonging to the anglo- indian communityadult education for anglo- indian person14 (1) the appropriate government and local authorities shall ensure participation of anglo-indians in adult education and continuing education programs on an equal basis with others15(2) the appropriate government and local authorities shall establish professional educational institutions for the educational advancement of the anglo-indian communityestablishment of anglo-indian university2015 the appropriate government shall establish an university for anglo-indians to take care of the higher educational needs of anglo-indian student and to impart an integrated, holistic, value-oriented modern education using modern digital tools and advanced methodologies of teaching and latest curriculum to meet the demands of a fast changing world chapter iv skill development and employment2516 (1) the appropriate government shall formulate schemes and programs to facilitate and support employment of persons belonging to the anglo-indian community especially for their vocational training and self-employmentvocational training, selfemployment, skill development and talent enhancement(2) the appropriate government shall institute mechanisms for provision of loans at concessional rates, subsidies and grants to anglo-indians for self-employment ventures and for marketing of their products30(3) the appropriate government shall provide state of art skill development facilities for the persons belonging to the anglo-indian community(4) the appropriate government shall support the community of anglo-indians in the area of micro, small and medium enterprise projects to generate employment opportunities35(5) the appropriate government shall take measures for the talent enhancement and enrichment of the youth belonging to the anglo-indian community(6) the appropriate government shall promote indigenous crafts and handiworks of the anglo-indian community(7) the appropriate government shall establish a helpline for carrier guidance and online placement of the anglo-indians4017 the appropriate government shall nominate members from the anglo-indian community in the minorities commission of india, board of education, cantonment boards, corporations and other government bodiesnomination of anglo-indians to minorities commission, etc45nondiscrimination in employment18 no establishment shall discriminate against any anglo-indian person in any matter relating to employment including but not limited to recruitment, promotion and other related issues chapter v social security, health rehabilitation and recreationsocial security519 (1) the appropriate government shall formulate necessary schemes and programsfor empowerment of the persons belonging to the anglo-indian community and to enable them to live independently in the community(2) the schemes formulated under sub-section (1) shall inter-alia include:—| (                                                          | a   | ) payment of pension to eligible anglo-indians in such manner as may be          ||------------------------------------------------------------|-----|----------------------------------------------------------------------------------|| prescribed;                                                |     |                                                                                  || (                                                          | b   | ) financial assistance to the parents of anglo-indian children;                  || (                                                          | c   | ) assistance for skill development training to anglo-indians;                    || 10                                                         |     |                                                                                  || (                                                          | d   | ) facilities for anglo-indian children who have no families or are homeless or   || have been abandoned, or are without shelter or livelihood; |     |                                                                                  || (                                                          | e   | ) access to safe drinking water;                                                 || 15                                                         |     |                                                                                  || (                                                          | f   | ) access to appropriate and accessible sanitation facilities especially in urban || slums and rural areas; and                                 |     |                                                                                  |(g) establishment of safe and hygienic community centers with decent living conditions in terms of nutritious food, sanitation healthcare and counsellinghealthcare facilities20 (1) the appropriate government and local authorities shall take necessary measures to provide anglo-indians,—20(a) separate health surveillance centres; (b) primary healthcare for mothers during pregnancy at free of cost; and (c) barrier-free access in the hospitals and other healthcare institutions andcentres25(2) to fulfil its obligation under this section, the appropriate governments shall make schemes and programs with participation and involvement of anglo-indians including provision for coverage of medical expenses and therapeutic interventionrehabilitation of anglo-indians21 (1) the appropriate government and local authorities shall undertake or cause tobe undertaken services and programs of rehabilitation, particularly in the areas of health, education and employment for all anglo-indians who are in need of such rehabilitation30(2) the service and programs shall be designed in such a way that it begins at the earliest possible stage and to be based on a comprehensive assessment of issues faced by the individual belonging to the anglo-indian community35(3) for purposes of sub-section (1), the appropriate government and local authorities shall, subject to fulfillment of financial and other norms, and availability of budgetary allocation, grant financial assistance to non-governmental organizations working for the welfare of the anglo-indians(4) the appropriate government and local authorities, while formulating rehabilitation policies, shall consult the non-governmental organisations working for the cause of anglo- indian community(5) without prejudice to the generality of sub-section (1), the appropriate government shall, by notification, formulate schemes to provide aid to anglo-indiansleisure, culture and recreation22 (1) the appropriate government and local authorities shall take suitable measures to promote and protect the right of all persons belonging to anglo-indian community to have a cultural life and to participate in leisure and recreational activities on an equal basis with others(2) the appropriate government and local authorities shall take suitable measures to organize jamborees for assimilation and synthesis of anglo-indian culture with the indian culture, and preserving the unique cultural identity of anglo-indian community can be showcased5(3) the appropriate government shall establish cultural and convention centres in mega cities such as delhi, kolkata, hyderabad, bangalore, chennai and cochin so as to perpetuate the rich cultural diversities and values of anglo-indian community(4) the appropriate government shall take steps to declare anglo-indian homes and buildings, including schools as heritage structures so as to  preserve in their original form10(5) the appropriate government and local authorities shall take measures to preserve the anglo-indian literature, texts, books and other literary works of renowned anglo- indian writers and authors(6) the appropriate government and local authorities shall take measures to preserve anglo-indian cuisines and recipes15(7) the appropriate government and local authorities shall take measures to organize festivals to project the uniqueness of anglo-indian food, music bands, handicrafts, folklores, stories and memories of the community20(8) the appropriate government and local authorities shall promote research studies based on the anglo-indian culture, anglo-indian planters, anglo-indian entrepreneurship, anglo-indian expatriates and persons of indian origin (pio) status and many other areas pertaining to the anglo-indian community chapter vi duties of appropriate government2523 (1) the appropriate government shall conduct, sponsor, encourage, support or promote on a regular and continuous basis information campaigns and sensitization programs to ensure that the rights recognized in this legislation are respected, protected and promoted30(2) the campaigns shall aim at enabling both state and civil society to comprehend anglo-indian community as an integral part of the indian society, and to recognize the capabilities and contributions of anglo-indians, and to combat the stereotypes, prejudices and harmful practices which impede the participation of anglo-indians on an equal basis with others(3) without prejudice to the general awareness raising obligation in sub-section (1), such programs, campaigns and workshops shall inter alia,—35(a) promote values of inclusion, tolerance, empathy and respect for diversity of being anglo-indian;(b) advance recognition of the skills, merits and abilities of anglo-indians and of their contributions to the workforce, labour market and professional fee;(c) fostering respect for the decisions made by the persons belonging to anglo-indian community on all matters related to their lifestyle, culture, family life, relationships, bearing and raising children40(d) providing orientation and sensitization at the school, college, university and professional training level on the history and ancestry of anglo-indian people and their rights; and(e) provide orientation and sensitization on anglo-indian people to employers, administrators and co-workers45 chapter vii miscellaneous24 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds, from time to time, for carrying out the purposes of this actcentral government to provide fund25 no suit prosecution or other legal proceedings shall be laid against any person for anything which is done in good faith or intended to be done under this act or any rule made thereunder526 the provisions of this act shall be in addition and not in derogation of any other laws, rules, orders or instructions for the time being in force which deals with the subject matter of this actno suit prosecution or other legal proceedings shall lie act not in derogation of any other laws27 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceact to have overriding effect10power to remove difficulty28 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, notinconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of the period of two yearsfrom the date of commencement of this act15power to make rules29 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act20(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so; however, that any such modification or annulment shall be without prejudice to the validity if anything previously done under that rule statement of objects and reasonsanglo-indian community is a distinct minority community of mixed ancestry, whose native language is english it has almost 400 years of history to boast off since the advent of portuguese in 1498 at kappad in the district of kozhikode, kerala with the expansion of colonial territory and the encouragement of inter-marriages with the natives, the anglo- indian community formed a small but significant portion of indian population in the early periods, this community enjoyed a special status in the society as the members were able to get the best of education since then, this minuscule community have played a pivotal role in the development of our nation from railways to armed forces, from customs to trades, and from various professions to academics however, the british who ruled india in the latter stages of governance discriminated against the anglo-indian community as they wanted the english alone to be honoured with high positions and feared of the anglo-indians being a hybrid blood although there was prejudice and contempt, they represented in administrative roles and service cadres like that of mines, shipping, aviation, forestry, post and telegraph, etc eventually, anglo-indian population dwindled from roughly eight lakhs at the time of independence to fewer than four lakhs at present making it a minority community, undoubtedlypost independence, due to economic deprivation, political ignominy and social ostracism, many have migrated to foreign countries in search of greener pastures despite some recent progressive measures by the government, anglo-indian community continues to face a plethora of problems they are not only sidelined, denied social justice, forced to undergo racial prejudice, made victims of intolerance and unfair treatment, but also suffer from poor access to education, healthcare, legal aid, employment and lack of social acceptance in the contemporary scenario, the anglo-indian minority faces exclusion, socio-economic backwardness and alienationmeasures towards sensitization are lacking; steps against discrimination are absent and schemes and policies for the welfare of this minority community are never a priority of anyone there is a need for establishing the first of its kind, an anglo-indian university for holistic and value-oriented education; a dire requirement of preserving the unique cultural heritage and legacy of the anglo-indian community this moment desiderates the assertion of their suppressed voice and upholding the promises laid down in the constitution of india to protect their rights more than any financial crises, the anglo-indian community is endangered, facing a severe indentity crises, and is on the verge of a slow deathwith amble constitutional and legal safeguards to protect the interest of the anglo-indians, their position has not altered much and is even now pathetic, helpless and hapless as a salvageable step, we need to have proactive participation of anglo-indian persons in all democratic spaces and systems; need their involvement in policies framed for their own welfare for undoing decades of discrimination that the anglo-indian community has faced, it will require categorical targeted interventions on a phased manner by the state invariably, this bill would be a statutory saviourhence this bill financial memorandumclause 6 of the bill provides for the establishment of in-house, residential and other community support services for the old, infirm and disabled persons belonging to anglo- indian community it also provides for construction of two bedroom houses to the anglo- indian deserted women, orphans, widows, senior citizens who need geriatric care and establishment of anglo-indian township in the selected places where there is a substantial population of the anglo-indian personsclause 12 makes it obligatory on the part of the appropriate government and local authorities to take measures to provide employment opportunities and work related openings and reservations to anglo-indian personsclause 13 provides for scholarship on merit-cum-need basis and other entitlements like fee-waiver, free textbooks, free hostel accommodation and other facilities at subsidized rates for students belonging to anglo-indian communityclause 14 provides for establishment of an anti-discrimination cell in the educational institutions/universities to monitor any form of discrimination against the students belonging to the anglo-indian communityclause 15 provides for establishment of an anglo-indian university clause 16 provides formulation of schemes and programmes to facilitate and support employment of persons belonging to the anglo-indian community especially for their vocational training and self-employment it also provides for the appropriate government to institute mechanisms for provision of loans at concessional rates, subsidies and grants to anglo-indian persons for self-employment ventures, and for marketing of their products, etc clause 19 provides for formulating necessary schemes and programmes for empowerment of the persons belonging to the anglo-indian communityclause 21 provides for undertaking services and programs of rehabilitation, particularly in the areas of health, education and employment for all anglo-indian persons who are in need of such rehabilitation including financial assistance to non-governmental organisationsclause 22 provides for organizing jamborees, establishing cultural and convention centres at delhi, kolkata, hyderabad, bangalore, chennai and cochin for anglo-indian community, etcclause 23 provides for conducting and sponsoring campaign and programmes to respect, protect and promote rights of anglo-indian personsclause 24 provides that central government shall provide adequate funds, from time to time, for carrying out the purposes of the billthe bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees fifty crores may involve as recurring expenditure per annum from the consolidated fund of indianon-recurring expenditure to the tune of rupees six hundred crores is also likely to be involved memorandum regarding delegated legislationclause 29 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the certain measures to be undertaken by the central government for thewelfare of anglo-indian and for matters connected therewith or incidental thereto————gmgipmrnd—1386ls(s3)—14-07-2016