Citizenship Amendment Act Explained - J. Sai Deepak

IMPACT OF CITIZENSHIP AMENDMENT ACT ON NRC EXPLAINED

Credits : Upword Channel

Telecom Disputes Settlement Appellate Tribunal (TDSAT)

The policy of liberalisation that was embarked by Prime Minister P. V. Narasimha Rao in the 1990s helped the Indian Telecom sector to grow rapidly. The government gradually allowed the entry of the private sectors into telecom equipment manufacturing, value added services, radio paging and cellular mobile services. In 1994, the government formed the National Telecom Policy (NTP) which helped to attract Foreign Direct Investments (FDI) and domestic investments. The entry of private and international players resulted in need of independent regulatory body. As a result, The Telecom Regulatory Authority of India (TRAI) was established on 20 February 1997 by an act of parliament called "Telecom Regulatory Authority of India Act 1997". 

The mission of TRAI was to create and nurture an environment which will enable quick growth of the telecommunication sector in the country. One of the major objective of TRAI is to provide a transparent policy environment. TRAI has regularly issued orders and directions on various subjects like tariff, interconnections, Direct To Home (DTH) services and mobile number portability. 

In 2000, the Vajpayee government constituted the Telecom Disputes Settlement Appellate Tribunal (TDSAT) through an amendment of the 1997 act, through an ordinance. The primary objective of TDSAT's establishment was to release TRAI from adjudicatory and dispute settlement functions in order to strengthen the regulatory framework. Any dispute involving parties like licensor, licensee, service provider and consumers are resolved by TDSAT. Moreover, any direction, order or decision of TRAI can be challenged by appealing in TDSAT.

 

 

The TDSAT consists of a Chairperson and two Members. 

Know about TRAI

The Telecom Regulatory Authority of India (TRAI) is a statutory body set up by the Government of India under section 3 of the Telecom Regulatory Authority of India Act, 1997. 

It is the regulator of the telecommunications sector in India. It consists of a Chairperson and not more than two full-time members and not more than two part-time members. 

Telecom Regulatory Authority of India was established on 20 February 1997 by an Act of Parliament to regulate telecom services and tariffs in India. Earlier regulation of telecom services and tariffs was overseen by the Central Government.

The current Chairman of TRAI is Ram Sewak Sharma. 

TRAI's mission is to create and nurture conditions for growth of telecommunications in India to enable the country to have a leading role in the emerging global information society.

One of its main objectives is to provide a fair and transparent environment that promotes a level playing field and facilitates fair competition in the market. TRAI regularly issues orders and directions on various subjects such as tariffs, interconnections, quality of service, Direct To Home (DTH) services and mobile number portability .


 Telecom Disputes Settlement and Appellate Tribunal

What is the BJP’s political gain or loss from the Citizenship Amendment Bill 2019 ?

The shaky part for the BJP lies in managing its electorate as it endorses both a pro-citizenship law and one against it. The Bill has found support in Assam’s Barak valley which has a high concentration of Bengali-speaking Hindus. 

The Asom Gana Parishad (AGP), a signatory to the 1985 Accord and a supporter of the NRC, had left the alliance with the BJP after the Bill was passed in the Lok Sabha. In Manipur, where the BJP is in power, chief minister N Biren Singh, too, has expressed the state’s concerns. 

In Meghalaya, the United Democratic Party (UDP) and the National People’s Party (NPP), the BJP’s partners in the state, have opposed the Bill. The Nagaland government too has expressed its reservations over the CAB. 

​The BJP would be hoping the Citizenship (Amendment) will help it in other states, like among the Bengali Hindus in West Bengal.

The Citizenship Amendment Bill 2019

What is Citizenship Act 1955 ?

Along with the Constitution of India, the Citizenship Act, 1955, is the exhaustive law relating to citizenship in India. The conferment of a person, as a citizen of India, is governed by Articles 5 to 11 (Part II) of the Constitution of India. ... It is a punishable offence if the person fails to surrender the passport.

The Citizenship (Amendment) Bill, 2019 provides for according Indian citizenship to Hindus, Jains, Christians, Sikhs, Buddhists and Parsis from Bangladesh, Pakistan and Afghanistan after seven years of residence in India instead of 12 years, which is the norm currently, even if they do not possess any document.

The Citizenship (Amendment) Bill, 2019 provides for according Indian citizenship to Hindus, Jains, Christians, Sikhs, Buddhists and Parsis from Bangladesh, Pakistan and Afghanistan after seven years of residence in India instead of 12 years, which is the norm currently, even if they do not possess any document.

The Citizenship (Amendment) Bill, 2019 provides for according Indian citizenship to Hindus, Jains, Christians, Sikhs, Buddhists and Parsis from Bangladesh, Pakistan and Afghanistan after seven years of residence in India instead of 12 years, which is the norm currently, even if they do not possess any document.

There has been strong opposition to the bill in Assam and other Northeastern states.

Student organisations, political parties and socio-cultural bodies have been protesting on the grounds that it seeks to grant nationality to non-Muslims who have come into India up to December 31, 2014, thereby increasing the deadline from 1971 as per the Assam Accord.

Also, according to the Assam Accord, all illegal immigrants who have come after 1971, irrespective of their religion, have to be deported and this bill violates that.

Two BJP chief ministers of the Northeast -- Arunachal Pradesh's Pema Khandu and Manipur's N Biren Dingh -- have also voiced their opposition to the contentious Bill.

In February 2019, Prime Minister Narendra Modi announced that the bill is an "atonement of the wrong that was done during India's Partition. India will safeguard all who had been victims of the Partition". 

Why is the Bill facing criticism?
This proposed legislation has received considerable flak due to the perceived threat to minorities. While the National Register of Citizens (NRC) exercise in Assam did not distinguish illegal immigrants on the basis of religion, critics say the Bill is designed to exclude Muslims and favour Hindus.
According to detractors, the Bill also goes against Article 14 of the Constitution which guarantees the right to equality. The bill seeks to give citizenship on the basis of religion.

Article 14 of the Indian constitution of India provides that the state shall not deny to any person Equality before the law or the equal protection of the laws in the Territory of India.

What happens if bill passed ?

If the Bill is passed, persons belonging to these communities would not be jailed or deported under the Passport (Entry into India) Act of 1920 and the Foreigners Act of 1946. It sets December 31, 2014, as the cut-off date after which any person moving to India from these neighboring countries will be considered for citizenship.


What is the BJP’s political gain or loss from the Citizenship Amendment Bill 2019 ? 

References : Economic Times ,News 18

Big boost to rural road connectivity

In a boost to rural road connectivity, the Cabinet Committee on Economic Affairs (CCEA) has given its approval for the launch of Pradhan Mantri Gram Sadak Yojana-lll (PMGSY-III). It involves the consolidation of through routes and major rural links connecting habitations to Gramin Agricultural Markets, higher secondary schools and hospitals. Under PMGSY-III, it is proposed to consolidate 1,25,000 km roads in states.

Background

 

The PMGSY-III was announced by Finance Minister Nirmala Sitharaman during her Budget 2019-20 speech. On August 9, 2018, the CCEA approved the continuation of PMGSY-I and II beyond the 12th Five Year Plan and covering of balance eligible habitations under PMGSY-I by March 2019, PMGSY-II, and habitations under identified LWE blocks by March 2020.

PMGSY-I

 

The PMGSY was launched in December 2000 with an objective to provide single all-weather road connectivity to eligible unconnected habitations of designated population size (500+ in plain areas and 250+ in North-East, hill, tribal and desert areas as per Census 2001) for overall socio-economic development of the areas. As much as 97 per cent of the eligible and feasible habitations have already been connected by all-weather roads.

The primary objective of the PMGSY is to provide connectivity, by way of an all-weather road to the eligible unconnected hHabitations in rural areas, in such a way that all such habitations with a population of 1,000 persons and above are covered in three years (2000-03) and all such habitations with a population of 500 persons and above by the end of the 10th Five Year Plan (2007).

In respect of the hill states (North-East, Sikkim, Himachal Pradesh, Jammu & Kashmir, Uttarakhand) and desert areas (as identified in the Desert Development Programme) as well as the Tribal (Schedule V) areas, the objective would be to connect habitations with a population of 250 persons and above.

The PMGSY will permit the upgradation of existing roads in those districts where all the eligible habitations of the designated population size have been provided all-weather road connectivity. However, it must be noted that upgradation is not central to the programme and cannot exceed 20 per cent of the state’s allocation as long as eligible unconnected habitations in the state still exist.

Cabinet approves transgender persons Bill

The Union Cabinet has approved the proposal to introduce The Transgender Persons (Protection of Rights) Bill, 2019. It will be introduced in the ongoing Parliament session. The Bill provides a mechanism for the social, economic and educational empowerment of transgenders.

Impact

The Bill will benefit a large number of transgender persons, mitigate the stigma, discrimination and abuse against this marginalised section and bring them into the mainstream of society. This will lead to inclusiveness and will make transgender persons productive members of the society.

Background

* The transgender community is among one of the most marginalised because they don’t fit into the stereotypical gender categories. Consequently, they face problems ranging from social exclusion to discrimination, lack of education facilities, unemployment, lack of medical facilities and so on. The Bill shall empower the transgender community socially, educationally and economically.

* According to the new definition, a transgender person is somebody “whose gender does not match the gender assigned to that person at birth and includes trans-men or trans-women, persons with intersex variations, gender-queers, and persons having socio-cultural identities such as kinnar, hijras, aravani and jogta”.

What does the Bill guarantee?

* The Bill aims to stop discrimination against a transgender person in various sectors such as education, employment and health care. It also directs the central and state governments to provide welfare schemes for them.

* Moving the Bill, Social Justice and Empowerment Minister Thawar Chand Gehlot said that it was a long-standing demand to bring a legislation to protect the rights of transgender persons and their welfare. He added that the Bill is aimed at bringing the community into the mainstream of the society.

Who is a transgender person?

* As per international standards, ‘transgender’ is an umbrella term that includes persons whose sense of gender does not match with the gender assigned to them at birth. For example, a person born as a man may identify with the opposite gender, i.e., as a woman. In addition to this sense of mismatch, the definition provided under the Bill also lists further criteria to be defined as a transgender person. These include being (i) ‘neither wholly male nor female’, or (ii) ‘a combination of male or female’, or (iii) ‘neither male nor female’.

* The Supreme Court, the expert committee of the social justice and welfare ministry and the recent standing committee report all define ‘transgender persons’ based on the mismatch only. Therefore, the definition provided under the Bill does not clarify if simply proving a mismatch is enough (as is the norm internationally) or whether the additional listed criteria ought to be fulfilled as well.

Short Takes / POCSO Act

              

 

Punishment for sexual crimes against kids

 

In a bid to protect children from sexual abuse, the Union Cabinet has approved amendments to the Protection of Children from Sexual Offences (POCSO) Act, 2012. It will make punishment more stringent, including death penalty, for committing sexual crimes against children. The amendments also provide for levy of fines and imprisonment to curb child pornography.

Impact

 

* The amendment is expected to discourage the trend of child sexual abuse by acting as a deterrent due to strong penal provisions incorporated in the Act.

* It intends to protect the interests of vulnerable children in times of distress and ensures their safety and dignity.

* The amendment is aimed at establishing clarity regarding the aspects of child abuse and punishment thereof.

Background

 

The POCSO Act, 2012, was enacted to protect children from offences of sexual assault, sexual harassment and pornography with due regard for safeguarding the interest and well-being of children. The Act is gender neutral.

POCSO Act

 

In order to effectively address the heinous crimes of sexual abuse and sexual exploitation of children through less ambiguous and more stringent legal provisions, the women and child development ministry championed the introduction of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Salient features

 

* The Act defines a child as any person below 18 years of age, and regards the best interests and well-being of the child as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child.

* It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher or doctor.

* People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the Act. The Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and a fine.

Know about Rurban Mission

 

 

Union Minister Narendra Singh Tomar has urged the Shyama Prasad Mukherji Rurban Mission (SPMRM) to draw inspiration from Mukherji’s life and bring in development based on his vision of reducing the rural-urban divide.

Tomar said that migration from rural to urban areas would reduce if we provide employment, education and basic amenities in these clusters. He laid emphasis on skill development linked with market linkage, and insisted on developing theme-based clusters, which would encourage entrepreneurial skills and buying power of the clusters.

What are Rurban clusters?

 

Large parts of India’s rural areas are not standalone settlements, but part of a cluster of settlements, which are relatively proximate to each other. These clusters typically illustrate potential for growth, have economic drivers and derive locational and competitive advantages, making a case for concerted policy directives for such clusters. Once developed, these clusters can be classified as ‘Rurban’. Taking cognisance of this, the Union government proposed the Shyama Prasad Mukherji Rurban Mission for developing such rural areas by provisioning of economic, social and physical infrastructure facilities.

Rurban areas refer to a cluster of 15-20 villages having about 30-40 lakh population. A Rurban cluster would be a cluster of geographically contiguous villages with a population of about 25,000 to 50,000 in plain and coastal areas and with a population of 5,000 to 15,000 in desert, hilly or tribal areas.

* SPMRM was launched on February 21, 2016, with an outlay of Rs 5,142 crore.

* The mission has an objective for comprehensive development of 300 clusters, out of which Integrated Cluster Action Plans for 279 clusters have been approved.

* The total investment in these 279 clusters is estimated at Rs 26,258 crore, of which Rs 5,150 crore has already been spent. The SPMRM will provide an additional funding support of up to 30 per cent of the project cost per cluster as critical gap funding as central share to enable the development of such clusters.

* State governments identify the clusters in accordance with the framework for implementation prepared by the Ministry of Rural Development.

* Basic amenities in a cluster typically comprise of provision of 24x7 water supply to all households, waste management facilities, provision of village roads, adequate street lights and public transport facilities using green technologies.

* Economic amenities in a cluster comprise various thematic areas in the sectors of agri services and processing, tourism and skill development to promote small- and medium-scale enterprises.

How is SPMRM linked to PURA?

 

A predecessor to SPMRM was the Provision of Urban Amenities to Rural Areas (PURA). Announced in 2003, it aimed at providing urban amenities and livelihood opportunities in rural areas to bridge the rural-urban divide, thereby reducing migration from rural to urban areas.

PURA was championed by the then President A.P.J. Abdul Kalam.

PURA was for holistic and accelerated development of compact areas around a potential growth centre in a panchayat (or group of panchayats) through public-private partnership by providing livelihood opportunities and urban amenities to improve the quality of life in rural areas. It included…

* Simultaneous delivery of different schemes

* Deployment of funds for operations and maintenance of assets along with capital investment for creation of assets

* Synergy in operations of schemes - leading to optimal use of resources

* Standards for service delivery in rural areas at par to those set for urban areas

Govt unveils rural sanitation strategy

                       

 

A document on 10-year Rural Sanitation Strategy, with a focus on increasing access to solid and liquid waste management, was unveiled by the department of drinking water and sanitation (DDWS), ministry of jal shakti, on September 28.

It also focuses on sustaining the behavioural change regarding sanitation, which has been achieved under the Swachh Bharat Mission (Grameen).

Union Minister for Jal Shakti Gajendra Singh Shekhawat said the 10-year Rural Sanitation Strategy is a framework to sustain the efforts of Swachh Bharat Mission (Grameen).

Department of drinking water and sanitation secretary Parameswaran Iyer said the document will be sent to the Union Cabinet for its approval.

ODF Plus plan

Since the launch of the Swachh Bharat Mission (Grameen) in 2014, more than 10 crore toilets have been built in rural areas, while over 5.9 lakh villages, 699 districts and 35 states and Union territories have declared themselves Open Defecation Free (ODF).

According to the document, the strategy also speaks about potential collaborations with development partners, civil society and inter-government partnerships, and also highlights innovative models for sanitation financing.

ODF Plus envisages that everyone uses a toilet and every village has access to solid and liquid waste management.

This ODF Plus plan has been prepared by the DDWS in consultation with state governments and other stakeholders, and it lays down a framework to guide local governments, policymakers, implementers and other relevant stakeholders in their planning for ODF Plus, Iyer said.

He said the 10-year strategy focuses on the need for states and Union territories to continue their efforts to sustain the gains of the mission through capacity strengthening, information, education and communication, organic waste management, plastic waste management, grey water management and black water management.

Swachh Bharat Mission

To accelerate the efforts to achieve universal sanitation coverage and to put focus on sanitation, Prime Minister Narendra Modi launched the Swachh Bharat Mission on October 2, 2014.

The mission aims to achieve a Swachh Bharat by 2019, as a fitting tribute to Mahatma Gandhi on his 150th birth anniversary.

In rural India, this would mean improving the levels of cleanliness through solid and liquid waste management activities and making villages ODF, clean and sanitised.

Mission objectives

* To bring about an improvement in the general quality of life in rural areas by promoting cleanliness, hygiene and eliminating open defecation.

* To accelerate sanitation coverage in rural areas to achieve the vision of Swachh Bharat by October 2.

* To motivate communities to adopt sustainable sanitation practices and facilities through awareness creation and health education.

* To encourage cost-effective and appropriate technologies for ecologically safe and sustainable sanitation.

* To develop community managed sanitation systems focusing on scientific solid and liquid waste management systems for overall cleanliness in rural areas.

* To create significant positive impact on gender and promote social inclusion by improving sanitation, especially in marginalised communities.

68% of kids’ deaths due to malnutrition

Malnutrition deaths among Indian children aged under five have dropped by two-thirds between 1990 and 2017, but it still remains the underlying risk factor for 68 per cent of child deaths, according to a study published in The Lancet Child and Adolescent Health on September 18.

The first comprehensive estimates of disease burden due to child and maternal malnutrition and the trends of its indicators in every state from 1990 have been published by the India State-Level Disease Burden Initiative.

The findings show malnutrition is still the leading risk factor for disease burden in persons of all ages considered together contributing 17 per cent of the total DALYs (disability adjusted life years).

The DALY rate attributable to malnutrition in children varies seven-fold between the states and is highest in Rajasthan, Uttar Pradesh, Bihar and Assam, followed by Madhya Pradesh, Chhattisgarh, Odisha, Nagaland and Tripura, the study noted.

Among the malnutrition indicators, low birth weight is the largest contributor to child deaths in India, followed by child growth failure, which includes stunting, underweight and wasting, the study stated.

Low birthweight a serious issue

According to the study, the prevalence of low birth weight was 21 per cent in India in 2017, ranging from 9 per cent in Mizoram to 24 per cent in Uttar Pradesh.

Low birthweight was the largest contributor to child malnutrition DALYs in India, its slow decline should be addressed as a priority, the report said.

South Asia, with India as its largest component, is estimated to have the highest prevalence of low birthweight for any region in the world.

A major issue with tracking low birthweight is the poor quality of birthweight data in many low-income and middle-income countries, including India.

Low birthweight adversely affects not only child health, but also increases the risk of chronic diseases later in life.

Weight at birth is an intergenerational issue dependent on an interplay of various factors, including maternal undernutrition, intrauterine growth, gestation at birth, birth spacing and order, and maternal age.

The higher proportion of underweight women in the reproductive age group in India compared with sub-Saharan Africa has been suggested to contribute to a higher prevalence of low birthweight in India, even though sub-Saharan Africa is poorer.

Chronic energy deficiency in women of reproductive age is a manifestation of long-standing malnutrition reported to be common in India, which increases the risk of preterm births and infants with low birthweight.

Improving the nutritional status of girls in general and that of women in the preconception period and during pregnancy and provision of quality antenatal care, including the treatment of pregnancy complications, would positively affect low birthweight and extend the benefits to the next generation.

Aligned with the Global Every Newborn Action Plan, the India Newborn Action Plan launched in 2014 aims to reduce low birthweight through improved preconception and antenatal care, adolescent-specific health services, nutritional counselling, and micronutrient supplementation.

Other major issues

The prevalence of child stunting was 39 per cent in India in 2017, the study stated. This ranged from 21 per cent in Goa to 49 per cent in Uttar Pradesh. Its annual rate of reduction was 2.6 per cent in India between 1990 and 2017.

Stunting, an indicator of chronic undernutrition, caused by a variety of social, environmental and economic risk factors, is unsurprisingly highest in the less developed states.

The prevalence of child underweight was 33 per cent in India in 2017, ranging from 16 per cent in Manipur to 42 per cent in Jharkhand. Its annual rate of reduction was 3.2 per cent between 1990 and 2017.

According to the study, the prevalence of child anaemia was 60 per cent in India in 2017, ranging from 21 per cent in Mizoram to 74 per cent in Haryana.

The high burden of anaemia in children and women, with only a modest decline since 1990, is a major public health issue in India.

Anaemia increases the risk of adverse birth outcomes and mortality during and after child birth and leads to poor cognitive and physical development and mortality in children. Interventions to improve the nutrition of girls, including reduction of the prevalence of anaemia, starting at a young age, are needed for better pregnancy-related and early child health outcomes and for a beneficial long-term effect on future generations.

India launched the National Iron Plus Initiative in 2013 to comprehensively address anaemia burden across the life cycle, through age-specific interventions with iron and folic acid supplementation and deworming.

The findings in the report indicate that, if the trends up to 2017 continue, the National Nutrition Mission 2022 and the WHO and UNICEF 2030 targets will not be achieved in most states of India, except for low birthweight and stunting in a few states and exclusive breastfeeding in several.

How can India tackle malnutrition issues?

Substantial improvements across the malnutrition indicators in the states of India would require an integrated nutrition policy to effectively address the broader determinants of undernutrition across the life cycle.

These improvements include providing clean drinking water, reducing rates of open defecation, improving women’s status, enhancing agricultural productivity and food security, promoting nutrition-sensitive agriculture, coupled with harmonisation of efforts across ministries and sectors, political will and good governance, and strategic investments in a multisectoral approach.

The government launched a revamped National Nutrition Mission with a budget to comprehensively address the challenge of persistent undernutrition. The goal of this mission is to systematically synergise a variety of nutrition-related activities of various government ministries and stakeholders in order to strengthen many maternal and child health initiatives across the life cycle. This includes the supplementary nutrition component of Integrated Child Development Scheme, Maternity Benefit Programme, Mid-Day Meal Scheme, dietary diversification to improve iron and folic acid intake, engaging the private sector in food fortification efforts, and placing emphasis on the broader social determinants of nutrition.

This renewed focus on a multisectoral approach to address malnutrition is encouraging, and the targets set by the mission could motivate the states to accelerate progress. Additionally, several ongoing initiatives under the ministry of women and child development to reduce gender inequality and empower women can also contribute to improvements in malnutrition.

The major ongoing sanitation improvement drive in India under the Swachh Bharat Mission is also expected to contribute to the reduction in malnutrition.

The India State-Level Disease Burden Initiative is a joint initiative of the Indian Council of Medical Research, Public Health Foundation of India and Institute for Health Metrics and Evaluation in collaboration with the health ministry along with stakeholders associated with more than 100 Indian institutions, involving many leading health scientists and policymakers from India.

‘Large tobacco warning more effective’

              

In India, the number of deaths caused by tobacco is expected to reach 1.5 million by 2020, up from 1.3 million in 2017. Measures taken to reduce tobacco consumption include the use of large pictorial warnings on tobacco packets. But the tobacco industry has been opposing a move to increase the size of such warnings, raising doubts about their efficacy.

Now, a study has shown that large health warnings on tobacco packets can be greatly effective in conveying tobacco’s ill-effects.

Key findings

* Researchers studied perceptions of both adolescents and adults on the effects of larger graphic health warnings covering 85 per cent of the packets against those covering 40 per cent of the area currently being used.

* The study included 2,121 participants. Of them, 62 per cent were urban residents and 72 per cent had never used tobacco. Half of the participants were from lower socioeconomic category and 46 per cent belonged to the middle socioeconomic category.

* The participants were shown four different types of packets - conventional packs, dummy packs with conventional background but with warnings in 40 per cent of the area, dummy packs with conventional background but new warnings in 85 per cent of the area and dummy packs with plain background and new warnings in 85 per cent of the area.

* It was found that packs with 85 per cent graphical warnings were perceived to be more effective in increasing noticeability of the warnings and conveying the intended health message. These warnings were also effective in preventing non-users from initiating tobacco use, and motivating users to quit.

* The study also highlighted the need for plain packaging instead of commercial packaging of tobacco, in line with the experience elsewhere.

Background

* Cigarette packets sold in India are required to carry graphical and textual health warnings. The warning must cover at least 85 per cent of the surface of the pack, of which 60 per cent must be pictorial and the remaining 25 per cent contains textual warnings in English, Hindi or any other Indian language.

* In 2003, India ratified the WHO’s Framework Convention on Tobacco Control, which includes a recommendation for large, clear health warnings on tobacco packs. However, there was a delay in implementing graphic warning labels.

* The Cigarette and Other Tobacco Products (Packaging and Labelling) Rules, 2008, requiring graphic health warnings came into force on May 31, 2008. Under the law, all tobacco products were required to display graphic pictures, such as diseased lungs, and the text in English, covering at least 40 per cent of the front of the pack, and retailers must display the cigarette packs in such a way that the pictures on pack are clearly visible.

* On October 15, 2014, Health Minister Harsh Vardhan announced that only 15 per cent of the surface of a pack of cigarettes could contain branding, and that the rest must be used for graphic and text health warnings. The health ministry amended the Cigarettes and Other Tobacco Products (Packaging and Labelling) Rules, 2008, to enforce the changes effective from April 1, 2015.

* However, the decision to increase the pictorial warnings on tobacco packets was put on hold following the recommendations of a parliamentary committee, which reportedly did not speak to health experts, but only spoke to tobacco lobby representatives. On April 5, 2016, the health ministry ordered government agencies to enforce this new rule.

* Following the intervention by the parliamentary committee, NGO Health of Millions filed a petition at the Supreme Court, which asked the government to stop the sale of loose cigarettes and publish bigger health warnings on tobacco packs.

Why are stricter laws necessary ?

* Nearly 1 million tobacco-related deaths take place in India every year, and in 2011, the total health expenditure burden from all diseases due to tobacco use amounted to more than Rs 1 lakh crore, which is 12 per cent more than the combined state and central government expenditure on health in 2011-12.

* The revenue earned through tobacco excise duty during the same period was a paltry 17 per cent of the health burden of tobacco.

* Also, 12 per cent of children in the 13-15 age group consume tobacco. Similarly, in the case of adults, the percentage is 35 per cent.

A child has right to affection of both parents: Supreme Court

The Supreme Court said family courts should grant visitation rights in such a manner that a child is not deprived of the love and care of either parent.

A Bench led by Justice Deepak Gupta said the interest of the child should be kept foremost in custody battles between separated parents. “A child has the right to affection of both his parents,” Justice Gupta noted in a two-page order.

The order is based on a plea by a man for custody of his child, who is with the wife.

The court declined to interfere with the family court’s order granting the custody of the child to the mother.

The Bench, however, gave the man liberty to approach the family court for enhancement of his visitation rights.

“We direct the family court to ensure that visitation rights are fixed in such a manner that the child gets to know and love his father. A child has a right to the affection of both his parents and the family court shall ensure that visitation rights are granted in such a manner,” Justice Gupta wrote.

He said the family court should also make suitable arrangements during vacations, keeping the interest of the child foremost.

On July 22, the Supreme Court had, in a different case, agreed to examine provisions in family laws which allow exclusive custody of children to just one parent after, probably, an ugly marital separation.

The petition filed by Sulochana Rani has sought a reform in the family laws and raised several concerns regarding why children cannot enjoy the benefits of shared parenting. The custody and guardianship of a child with just one separated parent, while giving the other mere visitation rights over the child, is a violation of the fundamental right of a child to enjoy the love and care of both parents.

" The legal provisions which currently exist as per various personal laws are in the nature of entrusting the custody of children exclusively to one of the parents in case of separation. The statutes create a strong presumption in favour of exclusive custody. This presumption severely affects the fundamental rights of the spouse who has been denied the custody rights and the fundamental rights of the child who will be deprived of care and love of both parents. This scheme of statutes requires reformation,” Ms. Rani had contended in her petition.

Credit : The Hindu Legal Correspondent

Nationalist and freedom fighter Bal Gangadhar Tilak was the man who turned the private, household Ganesh Chathurthi celebration into the present day carnival. Here is all you need to know about it.

          

Ganesh Chaturthi is one of the most resplendent festivals celebrated in India, mainly in Maharashtra. Over time, the festival is celebrated with the same fervour in many parts of south India and Gujarat. Bal Gangadhar Tilak, nationalist and 'The Father of Indian Unrest' as described by the British, was the man behind turning a private, household Ganesh Chaturthi celebration to a gala event.

HISTORY OF GANESH CHATURTHI

The ten-day long Hindu festival is celebrated to honour the younger son of Lord Shiva and Goddess Parvati, the elephant-headed God, Ganesha's birthday. While some historians are of the opinion that the earliest instances of Ganesh Chaturthi celebrations can be traced back to the times when Satavahana, Rashtrakuta and Chalukya dynasties ruled, that is from 271 BC to 1190 AD, historical records suggest that Ganesh Chaturthi celebrations were initiated by Chatrapati Shivaji Maharaja, to promote culture and nationalism. It was continued during the rule of Peshwas, for whom, Lord Ganesh was a family deity. Maybe that is why the makers of Bollywood movie Bajirao Mastani had this track included.

However, it remained a family affair till 1892.

HOW THINGS TURNED AROUND IN 1857

The year is famous for the Indian Rebellion of 1857 which is also referred to as the Sepoy Mutiny, India's First War of Independence, Revolt of 1857 among many other names. It was a rebellion that posed serious threat to the rule of the East India Company. Bal Gangadhar Tilak was one of the prominent leaders of the Great Rebellion.The leader saw the need to unite Indians more and realised nothing can bond people more than a common idol, equally worshipped by all.

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GANESH CHATURTHI CELEBRATIONS RELOADED

Tilak noticed that Lord Ganesh was considered "the God for everyman", that Ganesh was worshipped by the members belonging to the upper castes and lower castes alike, leaders and followers alike. He popularised Ganesh Chaturthi as a national festival 'to bridge the gap between the Brahmins and the non-Brahmins.'

                 

 

In 1893, Tilak organised Ganesh Utsav as a social and religious function. It was him who put large hoarding with images of Lord Ganesh in pavilions and the man behind the tradition of immersion of huge Ganesh statues on the tenth day of the festival. The festival served as a meeting place for common people of all castes and communities at a time when public social, political gatherings were banned by the British.

 #Photos courtest: #Reuters

#Credits : #India Today 

Petroleum And Explosives Safety Organisation (PESO)

Petroleum And Explosives Safety Organisation (PESO) is a department formed by Government of India under Department for the Promotion of Industry and Internal Trade under Ministry of Commerce and Industry,to administer Explosives Act 1884,Explosive Substance Act, Petroleum Act 1934, Inflammable substance Act 1952 and Environment Protection Act 1986 to control import, export, transport, storage and usage of explosive materials,flammable materials, pressure vessels, cryogenic vessels, design and installation of all necessary and relevant infrastructure etc. PESO is a regulatory authority with autonomous status. 

The Department is headed by Chief Controller of Explosives and is headquartered at Nagpur in the State of Maharashtra in India. The authority framed various rules like Petroleum Rules 2002, Explosive Rules 2008, Gas Cylinder Rules 2002, Static & Mobile Pressure Vessels (Unfired) 2016, Ammonium Nitrate Rules, Calcium Carbide Rules 1987, Cinematographic Films Rules, 1948 etc. 

It was established during the British India in 1890s as Department of Explosives and later expanded to various other activities. PESO is known for one of the most efficient departments in India. The officers are selected by the UPSC into Indian Petroleum and Explosives Safety Service (IPESS), a central civil services cadre.

Clean India-2 to focus on plastic ban

               

 

Ridding the country of single-use plastic by 2022 will be Clean India (Swachh Bharat) Part 2, Environment Minister Prakash Javadekar said and added that the government will conduct a mega public outreach programme in the next three years to achieve the target.

The government’s next big priority after achieving the aim of building 100 million toilets as part of the Clean India programme is to phase out single-use plastic, he said.

In his Independence Day speech, Prime Minister Narendra Modi had called for an end to single-use plastic to protect the environment. Since then, the Centre as well as various state governments have announced measures to curb its use.

“Like establishing 100 million toilets was the first part of Clean India programme, now plastic waste management becomes the Clean India Part 2,” Javadekar said.He said the government is focusing on instilling behavioural changes among people to shun plastic and various ministries and government bodies are working towards it. He also referred to the BJP giving out cotton bags with the slogan ‘Plastic Nahi, Kapda Sahi’.

Javadekar said 30,000 tonnes of plastic waste is generated every day in India. Of this, 10,000 tonnes of plastic waste does not get collected. 

Asked about the response of corporates, including manufacturers of plastics, Javadekar said their response has been impressive and they are coming forward with alternatives.

“Every ministry has taken action. It is a people’s movement and simultaneously producers of plastic can also think of alternatives and we are improving the plastic waste management system. All strategies working together will make India plastic waste free country,” he said.

Some measures taken by the govt

* The environment secretary said all government offices must completely ban all types of plastic carry bags, thermocol disposable cutlery and discourage the use of artificial banners, flags, flowers, water bottles, plastic folders and the like.

* The environment ministry has already directed more than 500 national parks, zoos and wildlife sanctuaries across the country to become free of single-use plastic.

* Tourism Minister Prahlad Patel announced that single-use plastics will not be allowed on the premises of historical monuments or within 100 metres of them.

* Indian Railways has urged all its vendors and staff to use reusable bags to reduce plastic footprint. The Railway Board has asked authorities to expedite the installation of plastic water bottle crushing machines at major stations. The board has also asked Indian Railways Catering and Tourism Development Corporation to implement the return of plastic drinking bottles as part of the Extended Producer Responsibility.

CREDITS# Manorama.

How sedition law affects free speech ?

Many political parties and activists have demanded the withdrawal of a sedition case filed against 49 celebrities after they had expressed concern in an open letter to Prime Minister Narendra Modi over alleged incidents of mob lynching.
The case was registered after a chief judicial magistrate in Bihar’s Muzaffarpur passed an order on a plea by a lawyer alleging that the celebrities had tarnished the image of the country through their open letter.

What is sedition?
 

The offence of sedition is provided under Section 124A of the Indian Penal Code (IPC).

It states: Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law shall be punished with imprisonment for life, to which fine may be added.
Sedition is punishable with life imprisonment and also an additional fine if the ruling dispensation thinks a person is inciting hatred against the establishment.

Sedition during pre-Independence era
 

Section 124A of the IPC was extensively used to curb political dissent in India. In 1891, Jogendra Chandra Bose was charged with sedition for criticising the Age of Consent Bill and the negative economic impact of British colonialism.

Bal Gangadhar Tilak was accused of sedition for publishing an article in newspaper Kesari invoking the example of the Maratha warrior Shivaji to incite the overthrow of British rule.
Mahatma Gandhi was jailed under the charges of sedition. Gandhi was arrested by the British police for writing  articles in his weekly journal Young India.

Law Commission seeks omission of section
 

The issue of revisiting ‘sedition’ has been taken up by the Law Commission in its reports. The Commission, in its 39th Report (1968) titled ‘The Punishment of Imprisonment for Life under the Indian Penal Code’ recommended that there are certain extremely anomalous situations where certain offences have been made punishable with severe punishment.

The 267th Report of the Commission on Hate Speech (2017) distinguished between sedition and hate speech, providing that the offence of hate speech affects the state indirectly by disturbing public tranquillity, while sedition is directly an offence against the state.
The report adds, that to qualify as sedition, the impugned expression must threaten the sovereignty and integrity of India and the security of the state.

Attempts to amend the law
 

In 2011, a private member Bill titled the Indian Penal Code (Amendment) Bill, was introduced in the Rajya Sabha by CPI leader D. Raja. The Bill proposed that Section 124A IPC should be omitted. It was reasoned that the British government used this law to oppress the view, speech and criticism against the British rule. But the law is still being used in independent India, despite having specialised laws to deal with the internal and external threats to destabilise the nation. Thus, to check the misuse of the section and to promote the freedom of speech and expression, the section should be omitted.

In 2015, Congress MP Shashi Tharoor proposed an amendment that only those actions / words that directly result in the use of violence or incitement to violence should be termed seditious.

Sedition in other countries
 

The global trend has largely been against sedition and in favour of free speech.

The UK abolished sedition laws in 2009 citing that the country did not want to be quoted as an example of using such draconian laws.
Despite the conflicting views and the attempts by courts to narrow the scope of sedition, it survives as an offence in the US, though it is very narrowly construed and can even be said to have fallen into disuse.
The recommendation of Australian Law Reform Commission was implemented in the National Security Legislation Amendment Act 2010 wherein the term ‘sedition’ was removed and replaced with references to ‘urging violence offences’.

Freedom of speech vs sedition
 

Free speech is one of the most significant principles of democracy. The purpose of this freedom is to allow an individual to attain self-fulfilment, assist in the discovery of truth, strengthen the capacity of a person to take decisions and facilitate a balance between stability and social change.

The Universal Declaration of Human Rights, 1948, in its Preamble and Article 19 declared freedom of speech as a basic fundamental right.
Article 19(1)(a) of the Constitution of India guarantees freedom of speech and expression to all citizens.
However, this freedom is subjected to certain restrictions namely, interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
The relevance of Section 124A in an independent and democratic nation is the subject of continuous debate. Those opposing it see this provision as a relic of colonial legacy and thereby unsuited in a democracy. There is an apprehension that this provision might be misused by the government to suppress dissent.
It is argued that amid growing concerns of national security, this Section provides a reasonable restriction on utterances that are inimical to the security and integrity of the nation.

Balancing freedom of expression with collective national interest is one of the key ingredients of this law. Though it is argued that this law is a colonial vestige, Indian courts have upheld its constitutionality.

In its consultation paper in 2018, the Law Commission said: “Berating the country or a particular aspect of it cannot and should not be treated as sedition. If the country is not open to positive criticism, there lies little difference between the pre- and post-independence eras. Right to criticise one’s own history and the right to offend are protected under free speech.”

“While it is essential to protect national integrity, it should not be misused as a tool to curb free speech. Dissent and criticism are essential ingredients of a robust public debate on policy issues as part of a vibrant democracy. Therefore, every restriction on free speech and expression must be carefully scrutinised to avoid unwarranted restrictions.”

Credits: #Manorama Year Book

Know about SC ST Atrocities Act ?

What is atrocity rule?

 

The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 is an Act of the Parliament of India enacted to prevent atrocities against scheduled castes and scheduled tribes. The Act is popularly known as the SC/ST Act, POA, the Prevention of Atrocities Act, or simply the Atrocities Act.

 

 

What is the punishment for SC ST Atrocities Act?

 

According to this section If a public servant, who is not a member of the Scheduled Caste or Scheduled Tribe, deliberately neglects his duties, which he should perform under the Act, he is liable for punishment with imprisonment up to six months. Section 5 provides enhanced punishment for subsequent conviction.

 

 

What are legal remedies if someone files a false case of SC ST Atrocities Act against you?

 

So, if somebody has filed a false case, it means that he has not come with clean hand to avail justice. ... Legally you can file a counter complaint at the police station about the false case against you by such and such person and also you can file a defamation case under section 500 of the Indian Penal Code, 1860.

Is SC ST act bailable?

 

The offences under this Act are cognizable and non-bailable. ... Section 16 of the Act also provides for community fine in case of offences committed against SCs & STs by a community or the inhabitants of an area.

 

 

Supreme Court’s order on anti-atrocities law is a caution against entering legislative domain

 

 

 

 

Supreme Court’s order on anti-atrocities law is a caution against entering legislative domain

 

After last year’s amendments aimed at nullifying the effect of a Supreme Court judgment that was seen as diluting the law against atrocities on Scheduled Castes and Scheduled Tribes, the apex court’s decision recalling the earlier verdict may not appear very significant. However, the latest order by a three-judge Bench on the Centre’s petition seeking a review is more than a mere academic exercise. Its sound reasoning and sympathetic reconsideration have fortified the legislative measure to restore the law on atrocities committed on Dalits as originally conceived by Parliament. The March 2018 decision laid down three new rules as safeguards against the Act’s possible misuse: that the bar on anticipatory bail under Section 18 need not prevent courts from granting advance bail; that a person can be arrested only if the “appointing authority” (in the case of a public servant) or the SP (in the case of others) approves such arrest; and that there should be a preliminary enquiry into all complaints. It caused an uproar among Dalits, and a nation-wide protest in August last year turned violent in some places. There was political clamour for Parliament’s intervention to restore the anti-atrocities law to its original rigour. That the Bench declined to stay its own order when a review was sought spurred the government into action.

There was widespread criticism then that the BJP’s perceived espousal of upper caste interests and its weak submissions in court had led to the verdict. It was even argued that the Centre was under political compulsion to undo the perception that the interests of the SCs and STs were in danger. The court’s re-examination, on the contrary, is anchored in sound principles. It first underscores that special laws for the protection of SC and ST communities flow from social realities, the discrimination they still face and the circumstances that preclude them from mustering the courage to lodge a complaint in the first place. The court assails the assumption that SC/ST members are more likely to give false complaints than the general population (as evidenced by the fact that there is no preliminary enquiry or prior sanction for arrest envisaged for other complaints). In other words, the additional “safeguards” against the alleged abuse of law by Dalits is another form of discrimination, the court has pointed out. Further, it rejects the idea of treating Dalits as people prone to lodging false complaints. The directions for getting an authority’s sanction for arrest or holding a preliminary enquiry for this class of cases alone are extra-statutory, and clearly amount to the judiciary engaging in legislation. The review is a timely reminder that the top court’s power to pass any order required to uphold justice cannot be used to give directives contrary to existing laws or to supplant them altogether.

Credits : #THE HINDU

RBI curbs on PMC Bank trigger panic # Manorama

The Reserve Bank of India’s move to take charge of one of the country’s top five co-operative banks on September 24 has left thousands of depositors in the lurch and sparked renewed concerns about the health of India’s troubled banking sector.

Depositors of the Punjab and Maharashtra Co-operative (PMC) Bank were informed they can withdraw only a sum of Rs 1,000 from their bank account over the next six months, while the bank itself has been put under the direction of the central bank and barred from renewing, or granting any loans, or making fresh investments without the RBI’s approval.



The sudden move caused PMC Bank depositors to panic and led to protests and long queues outside the bank’s branches. It has 137 branches spread across seven states.

Thousands of depositors stood outside branches demanding answers about their life’s savings.

India has more than 1,500 small urban co-operative banks that typically service small local communities in certain districts or states.

More than two dozen of these co-operative banks are now under RBI administration, but PMC Bank - with deposits of Rs 11,617 crore as of March 31 - is by far the largest to be hit by such RBI measures.

Its plight has also raised fresh fears about the broader Indian banking sector that has been rocked by a multi-crore fraud at a state-run lender, the collapse of a major infrastructure lender, bad loan issues at state-run banks and a liquidity squeeze that has hit shadow lenders.

PMC Bank itself sought to calm depositors and managing director Joy Thomas, in a text message to customers, attempted to reassure them that the bank’s issues would be resolved within six months.

“We have ample assets to cover all our liabilities towards the depositors. All my loans are backed by adequate securities. It is just a question of time,” Thomas said.

Still, depositors remained unconvinced and bank employees were despondent.
“Our staff has worked hard to win the confidence of clients over the years. After this incident, it will be very difficult to revive that confidence,” said Sonia Malik, a branch manager at a PMC Bank outlet in New Delhi, adding employees are worried about their jobs.

New traffic rules and fines list applicable in India

Special	Offence	New challan/ penalty
#FOLLOW RULES RESPECT is one of the solution to get RID of fines and penalties. Respect pedestrians to cross the road by stopping before zebra crossing. Respect other lives by giving a way to Ambulances and Fire services. Respect co riders by not doing rash driving . Save your family by wearing helmet and seat belt.	General	₹500
	Rules of road regulation violation	₹500
	Disobedience of orders of authorities	₹2,000
	Unauthorized use of vehicles without licence	₹5,000
	Driving without licence	₹5,000
	Driving despite disqualification	₹10,000
	Oversize vehicles	₹5,000
	Over-speeding	₹1,000
	Dangerous driving	Up to ₹5,000
	Drink driving	₹10,000
	Speeding/Racing	₹5,000
	Vehicle without permit	Up to ₹10,000
	Aggregators (violations of licencing conditions)	₹25,000 to ₹1 lakh
	Overloading	₹20,000 and ₹2,000 per extra tonne
	Overloading of passengers	₹1,000 per extra passenger
	Seat belt	₹1,000
	Overloading of two wheelers	₹2,000 and disqualification of licence for 3 months
	Helmets	₹1,000 and disqualification of licence for 3 months
	Not providing way for emergency vehicles	₹10,000
	Driving without insurance	₹2,000
	Offences by juveniles	Guardian/owner shall be deemed to be guilty. ₹25,000 with 3 years imprisonment. Juvenile will be tried under JJ Act. Registration of vehicle will be cancelled.
	Power of officers to impound documents	Suspension of driving licenses
	Offences committed by enforcing authorities	Twice the penalty under the relevant section

YOU ARE UNDER SURVEILLANCE.

NO CHANCE OF ESCAPE NOW.

SOURCE : TIMESNOW