TEXT :
17.35 hrs.
THE MINISTER OF HOME AFFAIRS (SHRI L.K. ADVANI): Mr. Chairman Sir, I beg to move:
"That the Bill further to amend the Explosive Substances Act, 1908, be taken into consideration."
"..."explosive substance" shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine or implement."
MR. CHAIRMAN :Motion moved:
"That the Bill further to amend the Explosive Substances Act, 1908, be taken into consideration."
While moving the Bill, the hon. Hone Minister has said that this is a very simple Bill. Yes, it is simple because there are only three or four amendments. But it is not a simple Bill because capital punishment is being proposed in place of rigorous imprisonment. The Bill as it stands has got very weak definitions. This Bill seeks to fight terrorism and illegal use of explosives.
The original Act of 1884 was brought into effect when we were under the British rule.
PROF. R.R. PRAMANIK (MATHURAPUR): Hon. Chairman, Sir, I rise to speak on the Explosive Substances (Amendment) Bill. I have given some amendments also.
While moving the Bill, the hon. Hone Minister has said that this is a very simple Bill. Yes, it is simple because there are only three or four amendments. But it is not a simple Bill because capital punishment is being proposed in place of rigorous imprisonment. The Bill as it stands has got very weak definitions. This Bill seeks to fight terrorism and illegal use of explosives.
The original Act of 1884 was brought into effect when we were under the British rule.
The intention of that Bill was designed to control the manufacture, possession, use, sale, transportation and importation of explosives so as to prevent accidents. It was there in the Act of 1884. The name of the Bill was `Explosives Act, 1884'. Then again in 1908, the Britishers enacted another Bill called, `Explosive Substances Act, 1908'. That was as per the English Explosive Substances Act in their own country. The object of that Bill, as written, was as follows:
"It seeks to control crimes arising out of the illegal use of explosives."
It was so because there was terrorism, Independence Movement throughout India, particularly in Bengal. There was a terrorist movement. To fight out that terrorism, the Independent Struggle in Bengal, the Britishers brought this `Explosive Substances Act 1908'. There is a clause 17 about the `Extension of definition of "Explosive" to other explosive substances.' At that time RDX and TNT were not there. Some other high explosives were also not there. In that Section 17, there was a provision to include, because explosive substances are not exhaustive.
Now, in this Bill, which the hon. Home Minister has brought here, the definition of "explosive substances" is very weak. About the definition of "explosive substance" it is written and I quote:
"In this Act the expression "explosive substance" shall be deemed to include any materials for making any explosive substance;..."
Now, if I say `where is the house of Ram?' One says, `it is just by the side of the house of Shyam'. When I say, `where is the house of Shyam?'. He says, `it is just by the side of the house of Ram'. So, for life long, you can transfer the house of Ram and Shyam. But you will not get it.