🗞️ Why in News Parliament passed an amendment to the Jan Vishwas (Amendment of Provisions) Act in March 2026, decriminalising minor export-related violations in the Textiles, Handlooms, and APEDA (agricultural products) sectors — replacing imprisonment with graded financial penalties.
Background — The Jan Vishwas Reform Journey
Jan Vishwas (Amendment of Provisions) Act, 2023
The original Jan Vishwas Act, 2023 was landmark legislation passed in August 2023. It:
- Amended 42 central Acts across sectors including environment, agriculture, food safety, trade, and IT
- Decriminalised 183 offences — converting them from criminal violations (with imprisonment) to civil/regulatory violations (fines, penalties)
- Was recommended by the Advisory Committee for Decriminalisation of Provisionsof Acts constituted by the Ministry of Finance and Ministry of Commerce in 2019
The guiding principle: imprisonment should be proportionate to harm. Minor technical non-compliance by businesses — paperwork delays, procedural violations, data submission gaps — should attract regulatory penalties, not criminal prosecution, which has disproportionate consequences (arrest, bail, criminal record, reputational damage) for small entrepreneurs.
2026 Extension to Export Sectors
The 2026 amendment applies this same logic specifically to export-related statutes — recognising that India’s MSME exporters face significant uncertainty from over-criminalisation of procedural violations.
What Has Been Decriminalised?
Textiles Sector
Offence: Exporting or selling textiles or machinery contrary to prescribed quality/labelling norms under the Textiles (Development and Regulation) Order
| Aspect | Before 2026 | After 2026 |
|---|---|---|
| First offence | Up to 1 year imprisonment | Warning letter |
| Repeat offence | Imprisonment | Fine up to Rs 25 lakh |
Handlooms Sector
Offences: Failure to provide required information to authorities; submission of false or misleading data; refusal to produce records for inspection
| Aspect | Before 2026 | After 2026 |
|---|---|---|
| All offences | Up to 3 months imprisonment | Fines: Rs 10,000 to Rs 25,000 |
APEDA — Agricultural Products
Offences: Exporting scheduled agricultural goods (e.g., rice, spices, fruits, processed food) without required APEDA registration or compliance; obstructing APEDA officials; failure to maintain records
| Aspect | Before 2026 | After 2026 |
|---|---|---|
| All offences | Imprisonment provisions | Fines up to Rs 10,000 or twice goods’ value (whichever is higher) |
What Does APEDA Do?
The Agricultural and Processed Food Products Export Development Authority (APEDA) was established under the APEDA Act, 1985 under the Ministry of Commerce and Industry. Its mandate:
- Export promotion of 14 scheduled agricultural product groups (fruits, vegetables, meat, dairy, cereals, processed foods, etc.)
- Quality certification for export standards compliance
- Financial assistance to exporters for infrastructure, packaging, and marketing
- Market intelligence on global agricultural trade trends
India is among the world’s top agricultural exporters — agri-exports crossed $50 billion in FY24, with rice, spices, buffalo meat, and fresh fruits as top categories.
India’s Export Policy Context
Foreign Trade Policy 2023
The Foreign Trade Policy (FTP) 2023, unveiled in March 2023, targets:
- $2 trillion in total exports (merchandise + services) by 2030
- Reduction of compliance burden through processes like single window systems, e-BOE (electronic Bills of Entry), and paperless trade facilitation
MSME Exporters — The Key Beneficiary
India has approximately 8 lakh registered MSME exporters. For a small textile or handloom unit:
- Criminal prosecution for a paperwork delay is existential — it triggers bank credit withdrawal, reputational damage, and operational paralysis
- Converting such violations to fines allows the business to continue operations while paying the penalty
- This is structurally similar to traffic fines vs. driving imprisonment — proportionality in punishment
Ease of Doing Business Rankings
India moved from 142nd (2014) to 63rd (2020) in the World Bank’s Doing Business Rankings (now discontinued, replaced by Business Ready index). Legal decriminalisation is a major structural contributor to improving regulatory environment scores.
UPSC Relevance
Prelims: Jan Vishwas Act 2023; APEDA Act 1985; APEDA under Ministry of Commerce; FTP 2023 — target $2 trillion exports by 2030; 183 offences decriminalised in 2023 Act.
Mains GS-3 (Economy): Ease of doing business reforms; MSME ecosystem; export policy; regulatory framework for trade; decriminalisation as governance reform. Mains GS-2 (Governance): Criminal law reform; proportionality in punishment; commercial vs. criminal law interface.
📌 Facts Corner — Knowledgepedia
Jan Vishwas Act — Complete Reference:
- Original Act: Jan Vishwas (Amendment of Provisions) Act, 2023 — passed August 2023
- Scope of 2023 Act: 42 Acts amended; 183 offences decriminalised
- 2026 amendment: Extends to Textiles, Handlooms, and APEDA export violations
- APEDA: Agricultural and Processed Food Products Export Development Authority
- APEDA established: 1985, under APEDA Act, 1985; under Ministry of Commerce and Industry
- India’s agri-exports (FY24): ~$50 billion+
- India’s MSME exporters: ~8 lakh registered
Other Relevant Facts:
- Foreign Trade Policy 2023: Released March 31, 2023; target $2 trillion exports by 2030 (merchandise + services)
- World Bank Doing Business: Discontinued after 2021 data integrity issues; replaced by Business Ready (B-READY) index
- India’s rank in World Bank Doing Business: Improved from 142 (2014) to 63 (2020)
- Advisory Committee on Decriminalisation: Constituted 2019; recommended Jan Vishwas approach
- Compounding: Process of converting criminal liability to financial penalty — now standard practice under Jan Vishwas framework
- NACH (National Automated Clearing House): Separate from Jan Vishwas — mentioned for context as NPCI payment infrastructure
Sources: Ministry of Commerce, APEDA, PIB, GKToday