November, 2013

Death Sentence to Convicts of 16 December Delhi Gang rape

The District Court of Saket on 13 September 2013, pronounced the maximum sentence of death penalty to the four convicts of the 16 December 2012 Delhi gangrape case Akshay Thakur, Vinay Sharma, Mukesh Singh and Pawan Gupta. Additional Sessions Judge Yogesh Khanna kept the case under the rarest of rare category warranting capital punishment. The four accused were convicted by the Saket court on 10 September 2013
for the gangrape as well as murder of the 23-year-old paramedic student. Apart from murder and gangrape, they were also convicted for other offences which included unnatural offences, attempt to murder, dacoity, destruction of evidence, conspiracy, kidnapping and abducting for murder It is important to note that the fifth accused Ram Singh allegedly committed suicide in the Tihar Jail on 11 March 2013. The sixth accused, who was the minor, was convicted by the Juvenile Justice Board for murder and gangrape and was awarded three years jail term at the probation home. The unnamed minor was tried separately in the Juvenile Court. Defence lawyer AP Singh declared to appeal in the High Court against the verdict. Special public prosecutor Dayan Krishnan in the meanwhile expressed satisfaction over the verdict of the Saket court.

Verdict by the additional sessions judge Yogesh Khanna

“Death to all. Besides discussing others offences, I straightaway come to section 302 (murder) of IPC. This falls under inhuman nature of the convicts and the gravity of offence they committed cannot be tolerated. Death sentence is given to all the four convicts.”

Construction of the Rajaswa Bhawan Approved The Cabinet Committee on Economic Affairs on 24 September  2013 approved the construction of the Rajaswa Bhawan as the National Tax Headquarters at Kasturba Gandhi Marg, New Delhi at an estimated cost of 485.16 crore Rupees, which will be incurred over a period of next three and a half years. Apart from this, 15 crore Rupees will be incurred as the annual recurring expenditure after completion of the project.

About the Project

• The construction of the Rajaswa Bhawan, the National Tax Headquarters, in a plot of land measuring 5.65 acre has been undertaken with the objective of decongesting North Block and consolidating the establishment of Central Board of Direct Taxes (CBDT) and the Central Board of Excise and Customs (CBEC) at a common platform.

• CBDT and CBEC, apart from advising the Government on  tax policies, are responsible for the overall administration of field offices under them. Both these boards are the largest revenue collectors for the Government of India.

• Because of the growth in revenue collection, there became a need of a larger platform. Therefore, a composite building bringing together both the Boards and  associated offices wasproposed. This will help in efficiency because of appropriate physical infrastructure and work environment for the purpose of  tax administration.

Background

• The Defence Research and Development Organization (DRDO) was appointed as the agency for construction of the building in 2008 after obtaining approval of the Ministry of Defence and a No Objection Certificate (NOC) of the Ministry of Urban Development.

• A nation-wide architectural design competition, was conducted in 2010-2011 and out of 58 final entries, the first prize award winner M/s Vistaar Architects and Planners, Mumbai was selected by a Board of Assessors and appointed as the main architect for the project for providing comprehensive architectural services.

• The design of the building is a modern, State-of-the-Art centrally located green  building incorporating features of energy efficiency in conformity with the Energy Conservation Building Code [ECBC] recommendation.

• The building also received Green Building concept leading to favorable Green Rating for Integrated Habitat Assessment [GRIHA]; fire protection and detection in conformity with all regulations; provision for seismic safety in conformity with all applicable Bureau of Indian Standards [BIS] codes; comprehensive waste management system; sewage treatment and recycling of water including independent system for grey and white water; minimal hard landscape and maximum soft landscape.

The Waqf (Amendment) Bill, 2013 got Assent

The Waqf (Amendment) Bill, 2013 received the assent of the President of India, Pranab Mukherjee on 23 September 2013.

Highlights of The Waqf (Amendment) Bill

• The Bill amended the Waqf Act, 1995. It strengthened the Waqf Council powers, currently an advisory body at the central level. It can to issue directions to waqf boards, who administer waqfs in each state.

• The Bill also changed the composition of Waqf boards. It also established the procedure for removal of a chairperson of a waqf board.

• Those states which have not yet established a waqf board must do so within one year. Further, state-funded surveys of waqf properties must be carried out.

• The Bill restricted the kinds of powers that can be delegated by a waqf board to the chairperson or any other individual, including the Chief Executive Officer of the Board.

• Under the Bill, the sale, gift, or total transfer of a waqf property will be treated as invalid. The Bill extends the maximum period of lease or mortgage of such properties, while establishing a more restrictive procedure by which leases or mortgages are approved by waqf boards.

• The Bill provided for imprisonment for those who occupy waqf property without authorisation.

• The Bill restricted the circumstances under which state governments can issue directions to waqf boards. Boards cannot be superseded unless there is prima facie evidence of financial irregularity.

Lawmaking Procedure in India

The legislative proposals are brought before either the Lok Sabha or the Rajya Sabha in the form of a bill. The bill is actually a draft of the legislative proposal. After being passed by both the Houses of the Parliament, the Bill is sent to the President of India for assent. After receiving the assent from the President of India, a bill becomes an Act of the Parliament.

No Clinical Trials for New Drugs without a Proper System

The Supreme Court of India on 30 September 2013 pronounced that no clinical trials should be allowed for new drugs till a mechanism is put in place to monitor them and to protect the lives of people on which drugs are tested. While pronouncing the judgment, the bench headed by Justice R M Lodha told that a system must be put in place to protect the lives of people and asked the Centre not to allow clinical trials for untested medicines. The bench also directed the Centre to consider suggestions of various stakeholders in putting in place the mechanism to avoid any serious and adverse impact. Government officials assured the Supreme Court that Center will not allow clinical trials for 162 drugs permitted by it earlier. The Supreme Court of India also earlier directed on the issue of clinical trials. It directed the Government to follow a certain mandatory standards for clinical trials of untested drugs on humans being. In an affidavit the Centre admitted that 2644 people died during clinical trials of 475 new drugs between 2005 -12.It also presented that during 2005 to 2012 serious adverse events of deaths during clinical trials of 2644 were 80 deaths. The judgment given by the Supreme Court of India in the background of hearing a Public Interest Litigation (PIL) filed by NGO Swasthya Adhikar Manch ,alleging large scale clinical drug trials across the country by various pharmaceutical firms using Indian citizens as guinea pigs in those tests.

The National Food Security Bill, 2013 got Assent

The National Food Security Bill, 2013 received the assent of the President of India, Pranab Mukherjee on 10 September 2013. With this assent, the National Food Security Bill 2013 became the Act. It is important to note that the Union Cabinet, headed by Prime Minister Manmohan Singh, on 19 March 2013 approved the National Food Security Bill. Lok Sabha on 26 August 2013 passed the National Food Security Bill 2013. The Upper House of the Parliament, Rajya Sabha on 2 September 2013 passed this Bill. The primary objective of the National Food Security Bill 2013 is to provide for food and nutritional security in human life cycle approach. This will be done by ensuring access to adequate quantify of quality food at affordable prices to people so that they can live a life with dignity and matters connected therewith or incidental thereto. The legislative
proposals are brought before either the Lok Sabha or the Rajya Sabha in the form of a bill. The bill is actually a draft of the legislative proposal. After being passed by both the Houses of the Parliament, the Bill is sent to the President of India for assent. After receiving the assent from the President of India, a bill becomes an Act of the Parliament.

Aadhar Card Not Mandatory

The Supreme Court of India on 23 September 2013 held that Aadhaar cards or Unique Identification number (UID) will not be mandatory for availing services or benefits under Government schemes like LPG subsidy, transfer benefits, food security, vehicle registration, scholarships, marriage registration, salaries and provident fund etc. The court’s order came on a petition protesting the issuance of Aadhaar cards to illegal migrants.

Direction given by SC to the Union Government regarding Aadhaar card

• While issuing Aadhaar card Government should verify whether the person is an Indian citizen or not.

• These cards cannot be issued to illegal migrants.

• Aadhaar not compulsory for Government benefits.

Arguments

Bench of justice B S Chauhan and justice S A Bobde said that even in Aadhaar issuing guidelines prepared by UIDIA mentioned that Aadhaar card is voluntary. Bench also asked the Union Government, on what basis Aadhaar card made mandate for Government services. The petitioner, Puttaswamy Karnataka High Court judge told the bench that Aadhaar scheme is unconstitutional, there is no legal base for this scheme. For giving Aadhaar card they will collect biometric information and individual details. It violates right to privacy of individuals. Supreme Court interpreted in different situations that right to privacy is a fundamental right (article 21) under the Constitution of India. But the law officers of government solicitor general Mohan Parasaran and additional solicitor general L Nageswar Rao argued that centre never gave any direction regarding Aadhaar card mandate for government benefits. They also argued that Aadhaar card was voluntary and not mandatory. Recently Delhi and Maharashtra made Aadhaar must for all the government facilities like bank account, cash
transfer and new gas connection etc. The direction may impact the Governments who are planning to implement the schemes like cash transfer and subsidies directly by linking Aadhaar card with their bank account number.

Main Objective of UIDIA Scheme

• Unique identification project was initially started by the Planning Commission as an initiative that would provide identification for each resident across the country.

• It would be used primarily as the basis for efficient delivery of welfare services. It would also act as a tool for effective monitoring of various programs and schemes of the Government.

• The government also createdand approved the position of the Chairperson of the UIDAI.

• Mr. Nandan Nilekani appointed first Chairpersonof UIDIA and he holds the rank and status of  Cabinet Minister.

About Aadhaar Card

• Adhaar is a unique Identification number issued by UIDAI to individuals for the purpose of establishing unique identification of every single person. It serves as the proof of identity and address any where in India.

• Aadhaar is a 12-digit number.

• Aadhaar is not a compulsory, it is voluntary based.

• The Aadhaar number can be used while opening a bank account, applying for passport, booking, e-tickets and many other places where there is a need to give your identity.

NHAI (Amendment) Bill, 2013 got President’s Assent

The President of India, Pranab Mukherjee gave assent to the National Highways Authority of India (Amendment) Bill, 2013. With this, the Bill became an Act on 10 September 2013. The National Highways Authority of India (Amendment) Bill, 2011 was introduced in the Lok Sabha by the Minister of Road Transport and Highways, C.P. Joshi on 19 December 2011. The Bill was then referred to the Standing Committee on Transport, Tourism and Culture on 13 January 2012.

The National Highways Authority of India Act, 1988 established the National Highways Authority of India (NHAI) for the development, maintenance and management of national highways. The NHAI consists of a chairman, up to 5 full-time members and up to 4 part-time members. The Bill facilitated expansion of the National Highways Authority of India. The National Highways Authority of India will now consist of a chairman, up to 6 full-time members and 6 part-time members. Out of the 6 part-time members, at least two should be the non government professionals having knowledge or experience in financial management, transportation planning or any other relevant discipline. The National Highways Authority of India (Amendment) Bill, 2012 was passed in the Rajya Sabha on 13 August 2013. The bill was passed in the Lok Sabha on 2 September 2013.

Lawmaking Procedure in India The legislative proposals are brought before either the Lok Sabha or the Rajya Sabha in the form of a bill. The bill is actually a draft of the legislative proposal. After being passed by both the Houses of the Parliament, the Bill is sent to the President of India for assent. After receiving the assent from the President of India, a bill becomes an Act of the Parliament

World’s Largest Solar Power Project in Rajasthan

The Union Government of India on 20 September 2013 finalised setting up of the Ultra- Mega Green Solar Power Project in Rajasthan in the SSL (Sambhar Salts Limited; which is a subsidiary of Hindustan Salts Limited - a Central Public Sector Enterprise under the Department of Heavy Industry, Ministry of Heavy Industries & Public Enterprises) area close to Sambhar Lake, about 75 kms from Jaipur

The overall capacity of this project would be 4000 MW, thereby making it the largest solar power project of the world.

November, 2013

Life Imprisonment is the Rule and Death Penalty an Exception

The Supreme Court of India on 10 September 2013 held that life imprisonment is the rule and death penalty an exception. The apex court advised the courts to consider socioeconomic compulsions such as poverty while awarding the extreme sentence to a convict. The observations of the Supreme Court came in a judgement delivered by a bench of justices S.J.Mukhopadhaya and Kurian Joseph in which it commuted the death sentence into life imprisonment of a man who was convicted for killing his wife and two sons. The court noted that the condemned convict had intended to wipe out the whole family including himself on account of abject poverty
and these aspects were not considered by the courts below while awarding him death sentence. The appellant suffered from economic and psychic compulsions.

Land Acquisition, Rehabilitation and Resettlement Bill, 2013 got President’s Assent

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill 2013, received assent of the President of India on 27 September 2013.The bill has now become law. The Bill was passed in the 2013 Monsoon Session of Parliament. (The Lok Sabha passed the bill on 29 August 2013 and Rajya Sabha passed the bill on 4 September 2013).  Under the new Land Acquisition law, farmers and
landowners are entitled to get compensation of up to four times of the market value for land acquired in rural areas, and two times the market value in urban areas. The consent of 80 per cent of land owners is mandatory for acquiring land for private projects and of 70 per cent landowners for public-private projects. The law also brings transparency in the process of land acquisition and lays down measures for rehabilitation of those displaced

Aim of the Land Acquisition, Rehabilitation and Resettlement Bill, 2013

The aim of the bill is providing fair compensation to people whose land has been taken away for setting up the buildings or factories. The aim of the bill is to bring in more transparency to the process of land acquisition, thereby bringing assurance of rehabilitation to the affected people.

Primary Features of the Land Acquisition, Rehabilitation and Resettlement Bill, 2013. The Constitution (Scheduled Tribes) Order (Second

Amendment Bill, 2013

The Constitution (Scheduled Tribes) Order (Second Amendment) Bill, 2013 was passed by the Rajya Sabha on 6 September 2013. The  Constitution (Scheduled Tribes) Order (Second Amendment) Bill was introduced in the Lok Sabha on 14 December 2012 by the Minister of  Tribal Affairs, V. Kishore Chandra Deo. The Bill was passed by the Lok Sabha on 24 August 2013. Objective of the Bill  The Bill seeks to amend the Constitution (Scheduled Tribes) Order, 1950 to modify the list of Scheduled Tribes in the states of Kerala and Chhattisgarh.

Major highlights of the Bill

• Article 342 of the Constitution of India states that the President may notify the Scheduled Tribes in a state after  consultation with the Governor of the state. The President issued the 1950 Order, in accordance with this Article.

• According to the Article 342 of the Constitution of India, Scheduled Tribes means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of India Constitution.

• The Bill amended the Schedule of the 1950 Order to include certain groups as Scheduled Tribes. The Marati community is being reincluded in the list of Scheduled Tribes in Kerala.

• Scheduled Tribe status is being granted to the Particularly Vulnerable Tribal Groups namely Abujh Maria and Hill Korwa in the list of Scheduled Tribes in Chhattisgarh.

CCEA Gave Nod for Shale Gas Exploration and Exploitation

The Cabinet Committee on  Economic Affairs on 24 September 2013 approved the proposal of the Ministry of Petroleum and Natural Gas on the policy on exploration and exploitation of shale gas and oil by National Oil Companies (NOCs) on acreages under the nomination regime. The policy will facilitate NOCs to carry out exploration and exploitation of unconventional hydrocarbon resources particularly shale gas and oil in their already awarded on land Petroleum Exploration License and Petroleum Mining Lease (PEL/PML) acreages under the nomination regime. The policy also contains the terms as well as conditions for guiding these activities. NOCs shall apply for grant of shale gas and oil rights in their interested PEL or PML acreages and are required to undertake a mandatory minimum work programme.

NOCs are permitted three assessment phases of a maximum period of three years each. Royalty, Cess and Taxes would be payable at par with conventional oil and gas  being produced from the respective areas. It is important to note that the production requirements and profile for shale oil and gas is different from conventional gas and oil. Therefore, there was a need of the policy in  order to achieve early development of these resources and to address issues arising out of E&P activities in shale gas and oil.

Three Proposals of National Early Childhood Care & Education Policy Approved

The Union Cabinet on 20 September 2013 approved three proposals of the National Early Childhood Care and Education (ECCE) Policy. The policy is to promote inclusive, equitable and contextualized opportunities for
promoting optimal development and active learning capacity of all children below six years.

The three proposals

1. The first proposal is to implement and monitor the policy through National and State Early Childhood Care and Education Councils.

2. The second one is to develop National Early Childhood Care and Education Curriculum Framework and Quality Standards and circulate to the States and Union Territories for preparation of Action Plans and implementation by them.

3. The third proposal is to delegate power to the Union Ministry of Women and Child Development to make necessary changes.

The Policy would help to 158.7 million children under six years of age who need holistic and integrated early childhood care. In particular it would enable preschool education inputs for their optimum development to realize their potential. The vision of the National ECCE Policy is to promote inclusive, equitable and contextualized opportunities for promoting optimal development and active learning capacity of all children below six years of age. The Policy focus is on early preschool learning for every child below six years. The key areas of this policy are universal access with equity and inclusion, quality in ECCE, strengthening capacity, monitoring and supervision, advocacy, research and review. The Union Ministry of Women and Child Development is the nodal Ministry to implement the National ECCE Policy.

Gandhi Heritage Portal launched

Prime Minister of India Dr. Mamohan Singh on 2 September 2013 launched the Gandhi Heritage Portal in New Delhi. The Gandhi heritage Portal is set up to preserve, protect and disseminate original writings of Gandhiji. The Gandhi Heritage Portal is an initiative of Union Ministry of Culture.

About The Gandhi Heritage Portal

• The Gandhi Heritage Portal is a technology-driven initiative aimed at making Gandhiji accessible all over the world on an electronic platform. It would be one of the most authentic open source archives on the life and work and thought of Mahatma Gandhi.

• The portal has 5 lakh pages of authentic and verified information and is expected to have over 15 lakh pages of information in multiple languages.

• The fundamental works of Mahatma Gandhi would be available on the portal includes Hind Swaraj, The Story of My Experiments with Truth (autobiography), From Yervada Mandir, Ashram Observances in Action,Constructive Programmes: Their Meanings and Plan, Key to Health and Gandhiji’s translation of the Gita. It will also provide an opportunity to enthusiasts, Gandhians and research scholars to read original journals like Hind  Swaraj, Harijan. Harijan Bandhu, Indian Opinion and Young India. The Gandhi Heritage Portal has been developed at the Sabarmati Ashram in Gujarat with the help of Union Ministry of Culture. The project was initially recommended by the Government of India appointed panel headed by Gopal Krishna Gandhi. The Ministry of Culture had sanctioned 8 crore rupees as a corpus fund to the Sabarmati Ashram Preservation and Memorial Trust (SAPMT), Ahmedabad to create the portal. The Sabarmati Ashram is the largest repository of Gandhiji’s original writings.

16th Meeting National Integration Council

The resolution was adopted by t h e National Integration Council in its 16th Meeting held in New Delhi on 23 September 2013. The Resolution included some of the crucial points and measures. The National Integration
Council unanimously resolved the following points:

• To condemn violence in any form committed to disturb communal harmony and to deal with all those indulging in such violence in a prompt and resolute manner under the law.

• It further resolved to ensure that all women enjoy the fruits of freedom, to pursue their social and economic development with equal opportunities, and to safeguard their right of movement in the public space at any time of the day or night.

• To take all measures to preserve, sustain and strengthen the harmonious relationship between all communities and enable all citizens to lead their lives in freedom as equal citizens with dignity and honour.

• It also resolved that the Union Government of India and all stakeholders shall take all measures for resolving differences and disputes among the people within the framework of law and institutions set up thereunder in order to strengthen our secular and pluralistic society.

• It further resolved to work indefatigably for their complete integration with the rest of the society on equal terms.

• The Council resolved to eradicate the dehumanising practice of manual scavenging and other forms of undignified labour and ensure for the people engaged in this practice alternate forms of employment that assures a life of dignity and honour for them.

• To condemn the sexual abuse, molestation and violent attacks on women and to ensure prompt and firm action against the culprits by the law enforcement agencies as well as speedy prosecution of such cases under the criminal justice system.

• To condemn the repeated atrocities on the Scheduled Castes and Scheduled Tribes, and take stringent action on the perpetrators of such crimes under the various laws and special acts enacted.

Lok Sabha Passed the Rajiv Gandhi National Aviation University Bill, 2013

Rajiv Gandhi National Aviation University Bill, 2013 was passed by the Lok Sabha on 6 September 2013. The purpose of the bill is to establish the first-ever national aviation university in India, called Rajiv Gandhi National Aviation University, which is named after Rajiv Gandhi. The University would train the cabin crew, pilots as well as aircraft engineers.

Primary features of the proposed university- Rajiv Gandhi National Aviation University, under the Rajiv Gandhi National Aviation University Bill, 2013

• The University, which is proposed under the Bill, will come up at Rae Bareli in Uttar Pradesh, which is the constituency of Sonia Gandhi.

• Rajiv Gandhi National Aviation University Bill, 2013 which provides for the formation of this central university on the area of 26 acre plot at the Indira Gandhi Rashtriya Udaan Academy at Fursatganj in Rae Bareli.

• Under this Bill, it was proposed that although the airports in India will be owned by the Airports Authority of India, but the construction or development of the airports which are existing, shall be undertaken on the basis of Public-Private Partnership (PPP).

• The proposed university will be an autonomous body under administrative control of the Civil Aviation Ministry.

• The university would have the estimated funding of 202 crore Rupees during the 12th Plan period. Out of this, 80 crore Rupees was already sanctioned by the Union Government of India.

• The purpose of the university would be promotion of aviation studies, training and research and the focus would remain on the emerging areas such as aviation medicine, aviation safety and security, aviation law, aviation science and engineering, aviation history, aviation regulation and policy and aviation management.

• The University will also be a knowledge partner to safety and security regulators by providing required academic inputs to help them execute their enforcement responsibility better.

C-17 Globe master III Aircraft inducted in Indian Air Force

Union Defence Minister AK Antony on 2 September 2013 formally inducted IAF’s biggest 70- tonneheavy-lift transport aircraft C- 17 Globemaster III into service at the Hindon Air Base near Delhi. The C-17, with a capability to carry around 80 tonnes of load and around 150 fully geared troops, will replace the Russian IL-76 as the biggest aircraft in the IAF inventory till now. The IL-76 had the capability to carry loads upto around 40 tonnes. The aircraft is expected to enhance the operational potential of the IAF with its payload carriage and performance capability and would augment the strategic reach during disaster relief or any similar missions.
This will also help in bolstering the IAF’s capability to swiftly transport combat troops and equipment such as tanks to the front. The aircraft will be inducted into the newly-formed 81 Skylord Squadron. The C-17 Globe master III aircraft has been procured from the US under a deal expected to be over 20000 crore rupees. The C-17 plane will be operated from the advanced landing grounds in the north-eastern states as well as from high altitude bases in north and Andaman and Nicobar Islands. The IAF has placed orders with the US for ten C-17 aircraft under the deal signed in 2011 and three of them have already been delivered. The US Air Force is
scheduled to complete the delivery of all the 10 planes by the end of 2014. This aircraft will enhance the operational potential of the IAF with its payload carriage and performance and would augment the strategic reach of the nation during Operations, Disaster Relief or any similar mission. The induction of the C-17 is a major milestone in the modernization drive of the IAF. Presently three aircrafts have been delivered and are operational. The newly inducted C-17 Squadron (81 Squadron) will be based in Hindan.