📰 Western Ghats throw up a new snake
Non-venomous aquatic species is endemic to habitat where human pressure is high
•When new species of earthworms and frogs have been discovered from the Western Ghats this year, can their predators be far behind? Scientists have described a new species of non-venomous endemic snake, Aquatic Rhabdops, from the northern Western Ghats.
•The three-foot-long nocturnal snake hunts for prey underwater, says a study published recently in Zootaxa, a journal that publishes new species descriptions. Interestingly, while adults of the Aquatic Rhabdops have off-white bellies and black spots on their olive brown skin, juveniles are olive green, with yellow undersides. This colour difference in life stages could possibly be due to the different local habitats, say the scientists.
•“We named the new species after its aquatic nature since the adults are mostly associated with freshwater forest streams and juveniles are seen in water-logged areas, mostly on rocky plateaus,” says lead author Varad Giri of the National Centre for Biological Sciences, Bengaluru. Scientists from the Natural History Museum (London, UK), Indian Institute of Science (Bengaluru), Indian Herpetological Society (Pune), Wildlife Institute of India (Dehradun), Kerala Forest Research Institute (Peechi) and College of Veterinary Science (Pookode) contributed to the work.
Mistaken identity
•Scientists say the new species, Rhabdops aquaticus, was till now considered a variant of the Olive Forest Snake, first described in 1863. However, the new study confirms that the Aquatic Rhabdops is a different one: they sport not only different colours and patterns, but also vary in other features of size, shape and structure, and also genetic make-up.
•Endemicity, the phenomenon of being present only in a specific geographical area, runs in the family: all Rhabdops snakes are endemic to India. The Olive Forest Snake Rhabdops olivaceus is found only in the Western Ghats while the bi-coloured Forest Snake Rhabdops bicolor lives in a few localities in the northeast. The Aquatic Rhabdops too is found only in the laterite plateaus of the northern Western Ghats in Goa, southern Maharashtra and northern Karnataka, in areas facing severe human pressures.
📰 CSIR’s biggest global deal stalled
Rs. 45 crore agreement on the rocks as Ethiopian agency fails to release funds
•The biggest international deal signed by the Council of Scientific and Industrial Research (CSIR) to transfer technology and training to a company in Ethiopia has stalled, said a person familiar with the development.
•The CSIR had signed a $7 million (Rs. 45 crore approximately) agreement with the Metal Industries Development Institute (MIDI) on June 13.
•The three-year contract involved personnel from both the organisations and, according to a press statement issued in June, was expected to begin technical collaboration from the next month.
Strapped for funds
•The CSIR — known to be strapped for research funds — had committed to securing 10% to 15% of its Rs. 4,000-crore budget through external projects and sources.
•The agreement was signed by the Director of National Metallurgical Laboratory (NML), Jamshedpur, and the project was to be executed by the CSIR-NML, CSIR-Central Mechanical Engineering Research Institute, Durgapur, CSIR-Central Electronics Engineering Research Institute, Pilani; CSIR-Central Scientific Instruments Organisation, Chandigarh; and CSIR-CLRI, Chennai.
•The Ethiopian agency, reportedly, had not released funds.
Red tape blamed
•“There seems to be some red tape and has got to do with the conversion of foreign currency,” said a person familiar with framework of deal on condition of anonymity.
•Girish Sahni, CSIR Director-General, however, told The Hindu that he was not familiar with the specifics of the project’s progress. “I don’t think it has derailed, but I will check up on this,” he said.
•According to a CSIR press statement in June, the agreement was signed at Addis Ababa in the presence of Alemu Sime, State Minister of Industry, Federal Democratic Republic of Ethiopia, Teshome Lemma and Mr. Sahni.
📰 India to back Syria in fight against IS
•India on Wednesday assured its support to Syria in the fight against terrorism in the war-ravaged country, a major theatre of dreaded terror group Islamic State (IS).
•This was conveyed when visiting grand mufti of Syrian Republic Ahmad Badr Eddine Mohammad Abid Hassoun met Home Minister Rajnath Singh here.
Long-standing ties
•Mr. Singh assured the grand mufti of India’s support in eliminating terrorism on all fronts and recollected the long-standing friendship between India and Syria, an official statement said.
•Official sources said the issue of several Indians joining the IS and fighting for the terror group in Syria and Iraq was understood to have figured in the discussion.
•The Home Minister welcomed the grand mufti and discussion was held on wide-ranging issues including terrorism and security, the statement said.
•The Home Minister was confident that bilateral relations would improve further by such visits and wished that peace and stability were restored in Syria soon. The grand mufti thanked the Home Minister and appreciated the secular credentials of India. The grand mufti was pleased to note the significance of unity in diversity in India, the statement said.
Talks on terrorism
•During the meeting, the grand mufti highlighted the evils of terrorism by citing the example of the killing of his son by terrorists and how he forgave the assassin.
•He expressed confidence that India would extend support in the fight against terrorism.
•The Home Minister thanked the delegation for its visit to India.
📰 Palestine to seek support of Indians
Says Sushma’s statement has boosted its position
•Indicating at a new strategy of engagement, Palestine on Wednesday said India’s recent display of support has boosted the ongoing political reconciliation in the country.
•Speaking to The Hindu , a senior Palestinian diplomat said the speech of External Affairs Minister Sushma Swaraj at the Non-Alignment ministerial in New York encouraged the Palestinian cause, and said his country would seek support from all sections of Indians for protection of the Al Aqsa mosque.
‘Positive contribution’
•“The speech that President Mahmoud Abbas delivered at the annual UN General Assembly [UNGA] strongly urged the international community to come forward supporting the Palestinian cause, and the speech of External Affairs Minister Sushma Swaraj at the ministerial of Non-Alignment movement on the sidelines of the same summit, made a very positive contribution, and boosted our position,” said the senior Palestinian diplomat.
•He highlighted that following internal reconciliation between Fatah and Hamas factions, the move for an independent Palestine will gain new momentum.
•In her speech delivered at the ministerial of the member countries of the Non-Alignment Movement (NAM), Ms. Swaraj had cited India’s traditional support for the rights of the Palestinian people and said, “For independent India, support for the Palestinian cause has been a reference point of its foreign policy.”
Two-state solution
•In his speech at the UN delivered on September 20, President Abbas strongly urged the international community to pressure Israel for the implementation of the two-state solution, and pledged to give a chance to the peace plans of the U.S.
•He also indicated that Ramallah would begin a new outreach to all parts of India and in this respect a beginning would be made with two India-Palestine friendship societies to be inaugurated soon in Odisha and Punjab.
📰 Our call to deport Rohingya: Centre
Tells NHRC that radicalised elements among the ‘illegal’ immigrants may attack Buddhists in India
•The Home Ministry has replied to a notice issued by the National Human Rights Commission over the planned deportation of Rohingya Muslims.
•The Ministry is learnt to have defended its decision, deeming Rohingya “illegal immigrants” from Myanmar. The deportations would be done as per the laid-down procedure. A Ministry spokesperson confirmed that a report had been sent to the NHRC.
•Another Ministry official said a factual report was sent to the NHRC and the various provisions of Foreigners Act and Passport Act, which bar foreigners from illegally staying in the country, have been mentioned in the reply.
•“The decision to deport the Rohingya rests with the executive. This was told to the Supreme Court as well. The same reply has been given to the National Human Rights Commission ” an official said.
•Taking cognisance of media reports, including The Hindu ’s, the NHRC had asked the Home Ministry about the government’s plan to deport the Rohingya by setting up “detention centres”. It observed that the “refugees are no doubt foreign nationals but they are human beings”.
•The Home Ministry is learnt to have told the NHRC that a procedure for detection and deportation of illegal immigrants existed under the Foreigners Act, 1946 and that consolidated instructions were issued afresh on April 19, 2014.
•In its affidavit filed in the Supreme Court on September 18, the Home Ministry said, “A fragile north-eastern corridor may become further destabilised in case of stridency of Rohingya militants, which the Central government has found to be growing, if permitted to continue. There is also a serious potential and possibility of eruption of violence against the Buddhists who are Indian citizens who stay on Indian soil, by the radicalised Rohingya.”
‘Tedious’ process
•On August 19, the Home Ministry issued a circular, asking all States to identify illegal immigrants and deport them as per the procedure.
•An official said that identifying an undocumented citizen was a “tedious” process and the final decision lay with a tribunal, set up in such cases to determine their nationality. “The local police first enquires if the person is not an Indian citizen. He or she will be subject to trial and, if the tribunal decides against the subject, the deportation process will begin. A communication will be sent to Myanmar to verify their address,” the official said.
📰 Army hits ultras on Myanmar border
NSCN(K) rebels suffer heavy casualties in the fighting that started in the early hours of Wednesday
•The Army has inflicted heavy casualties on NSCN(K) militants in an operation close to the Myanmar border on Wednesday morning, the Kolkata-based Eastern Army Command has said.
•“In the early hours of 27 September, a column of the Army, while operating along the India-Myanmar border, was fired upon by unidentified insurgents,” it said in an official statement.
No casualty: Army
•In its tweet, the Command identified the insurgents as members of the National Socialist Council of Nagaland-Khaplang (NSCN-K), the key rebel group that had pulled out of the 14-year-old ceasefire in March 2015 and has been on the warpath with security agencies ever since.
•The Command also said the Army did not suffer any casualty.
•It said the firefight started around 4.45 a.m. when an Army patrol team was fired upon. “Own troops retaliated swiftly and brought down heavy retaliatory fire on the insurgents,” the Army said. Army sources said 10-12 teams followed the inputs from the initial contact, and carried out the operation in Mon district of Nagaland.
Confined to border
•The Army emphasised that the operation was limited to the Indian border. “It is reiterated that our troops did not cross the international border.”
•This was in clear contrast to the June 2015 operation, when the Indian troops crossed over to Myanmar to carry out a surgical strike against NSCN(K) militants, a few days after 18 soldiers were killed by the group in Chandel district of Manipur.
•In recent times, the Indian troops have stepped up operations against the NSCN(K), which operates mostly out of Myanmar. The faction, led by S.S. Khaplang, called off its 14-year-old ceasefire with New Delhi in March 2015. In August 2015, the Narendra Modi government announced a peace deal with the other major Naga group, NSCN(I-M).
•The Army did not specify the number of insurgents killed or injured in the attack. Responding to a question at a Cabinet briefing about the incident, Home Minister Rajnath Singh said, “There are no two opinions that Myanmar is a friendly country. Whatever information we get, we will share it with you.”
📰 CCS clears internal security scheme
It will strengthen law and order mechanism and modernise the police forces
•The Union Cabinet has approved a Rs. 25,000-crore internal security scheme to strengthen the country’s law and order mechanism and mordernise the police forces, Home Minister Rajnath Singh said on Wednesday.
•The Cabinet Committee on Security (CCS), headed by Prime Minister Narendra Modi, gave its approval for the implementation of the umbrella scheme, Modernisation of Police Forces (MPF), for 2017-18 to 2019-20.
•“This is the country’s biggest ever internal security scheme. The financial outlay over the three-year period is Rs. 25,060 crore, out of which the Central government’s share will be Rs. 18,636 crore and the States’ Rs. 6,424 crore,” Mr. Singh said at a press conference here. Special provisions had been made under the scheme for internal security, law and order, women’s security, availability of modern weapons, mobility of police forces, logistical support, hiring of helicopters and e-prison among others.
Leg-up to infrastructure
•The Home Minister said a Central budget outlay of Rs. 10,132 crore had been earmarked for internal security-related expenditure for Jammu and Kashmir, northeastern States and those affected by left wing extremism (LWE). A scheme for special Central assistance (SCA) for 35 districts worst hit by LWE had been introduced with an outlay of Rs. 3,000 crore to tackle the issue of underdevelopment. An outlay of Rs. 100 crore had been earmarked for police infrastructure upgradation, training institutes, investigation facilities, etc. in the northeastern States.
•The new initiatives were being introduced to provide assistance to States for upgradation of police infrastructure, forensic science laboratories, institutions and the equipment available with them to plug critical gaps in the criminal justice system.
•Police stations would be integrated to set up a national database of crime and criminal records. It would be linked with other criminal justice system such as prisons, forensic laboratories and prosecution offices. It also provides for setting up a state-of-the-art forensic laboratory in Amravati and upgradation of the Sardar Patel Global Centre for Security, Counter Terrorism and Anti-Insurgency in Jaipur and the Gujarat Forensic Science University in Gandhinagar.
📰 EPFO gets notice under GST
PF body says it is exempted from service tax since April ’16
•The Goods and Services Tax (GST) Intelligence unit has slapped a notice on the Employees’ Provident Fund Organisation (EPFO) for defaulting on payment of service tax and has sought to examine the PF department’s records till 2016-17.
•The EPFO, however, told Revenue authorities that the PF office was exempted from paying service tax from April 2016 and hence, its services were exempt from any levy under the new indirect tax system. On July 25, the Directorate General of GST Intelligence wrote to the EPFO headquarters informing about a probe into non-payment of service tax between July 2012 and March 2016.
•It had sought for overall records of all its regional and zonal offices and issued separate notices to EPFO’s different offices. “EPFO has been granted exemption from the levy of service tax…with effect from 1 April 2016. Therefore, requisition of records up to 31 March 2017 may not be justified,” the EPFO wrote in a missive to the GST Intelligence unit on September 14.
Negative list
•“Similarly, the exemption has continued under GST Act, by placing EPFO in the negative list,” it added.
•In its letter, it further challenged the demand for levy of service tax on statutory administration charges and interest charged by EPFO. The EPFO cited an order dated April 13 from the Customs, Excise and Service Tax Appellate Tribunal which said that it was not liable to pay service tax on the statutory activities performed under the Employees’ Provident Fund and Miscellaneous Provisions Act 1952.
•As the service tax exemption came into effect from April 2016, the Labour and Employment Ministry, which has administrative charge of the EPFO, earlier this year asked the Finance Ministry to extend the relaxation retrospectively. The ministry had argued that the EPF was a social security scheme and did not come in the category of ‘banking and financial services.’
📰 India woos SMEs in Britain
Scouts for 50 firms for investments as part of ‘Access India’
•The Indian High Commission in London has begun an initiative to encourage small and medium sized British businesses to invest in India, in a renewed focus away from the larger firms that aims to match the success of the relationship between India and Germany which has seen strong partnerships in this area.
•The high commission is working to identify 50 companies that have the strength and interest in working in India initially that it can work with, as part of the Access India, which will provide necessary market entry support, and work with organisations such as the U.K. India Business Council.
Market entry support
•‘“This programme is designed to provide market entry support services, strategy advisory, legal and financial advisory, product financing, location services and mergers and acquisition advisory as well as support through the process of states and central government approval,” said High Commissioner Y.K. Sinha at the event in London.
•He said that the defence, pharmaceutical and food sectors would be particularly ripe for investment under the programme.
‘Negative risk’
•“There is a small negative risk but that is mainly in railways, atomic energy and gambling…in other sectors investment is welcome,” Mr. Sinha said.
•“The SME sector is the backbone of the U.K. but they don’t have international exposure,” said Deputy High Commissioner Dinesh Patnaik. “Every product in the U.K. has the potential to do well in India because the market is just so big. British SMEs can always have a small part of that huge market. Our idea is that if in one or two years we can have a few in the pipeline it can help others to follow.” He added that the programme was likely to be rolled out to other countries in the near future.
📰 New tax, rule may ‘aid’ gold smuggling
‘Unaccounted sale likely to rise this season as customers try to buy without bills’
•Gold smuggling in India, the world’s second-biggest consumer of the metal, is likely to rise during the country’s peak holiday season as buyers try to avoid paying a new sales tax and to dodge new transparency rules. In August, India moved to include gold sales under the Prevention of Money Laundering Act (PMLA). The law makes it mandatory for jewellers to keep records of customers’ personal identification numbers or tax code number for transactions above ₹50,000.
Rise in demand
•Indian gold demand typically rises in the last three months of the year as consumers buy more for the wedding season as well as for festivals such as Diwali and Dussehra.
•“The government implemented the PMLA rule but it didn’t take efforts to popularise. Customers are not aware of the rule and are hesitating in giving necessary details,” said Surendra Mehta, secretary of the India Bullion and Jewellers Association. “Unaccounted sale will rise in the festive season as some customers are trying to buy without bills.”
•The tax avoidance recalls the unintended consequences of India’s decision to raise import taxes on gold to 10% by August 2013.
•The duty failed to curb demand but revived smuggling networks which, the World Gold Council estimates, imported 120 tonnes of gold in 2016, over one-fifth of total annual arrivals.
•“The new rule is turning out to be counterproductive. Instead of giving required details, customers are buying without proper receipts to save tax,” said Harshad Ajmera, the proprietor of JJ Gold House, a wholesaler in Kolkata.
•The sales tax on gold rose to 3% from 1.2 % as part of a new nationwide sales tax regime that started on July 1.
•“Jewellers are buying smuggled gold at discount in cash, then making jewellery and selling it to consumers without receipts,” said Daman Prakash Rathod, director at wholesaler MNC Bullion in Chennai.
•In India, less than 4% of the people pay income tax. Many tax evaders choose to park their illicit wealth in gold as it is nearly as liquid as currency in the country.
•The new limit of ₹50,000 is too low and makes it mandatory to seek identification details of almost each customer, said Kumar Jain, vice president, Mumbai Jewellers Association.
•“The rule has hurt sentiments. Usually demand improves ahead of Dussehra but this year demand is very weak,” Mr. Jain said.
📰 Confusing consent
The Farooqui verdict risks widening the notion of ‘consent’ as a defence in rape cases
•In acquitting writer-film-maker Mahmood Farooqui of the charge of rape, the Delhi High Court concluded that it could not be established without reasonable doubt whether the incident took place. The rationale of arriving at such a conclusion may be debatable, but it is the court’s reasoning on the issue of consent that is unsettling. It ruled that even if rape had taken place, it is doubtful that it was without the consent of the American researcher who pressed the charges. The court, by and large, accepted her version of events, described her as a stellar witness, and found that vital aspects of her testimony were corroborated. It rejected doubts raised by the defence based on her behaviour after the incident, saying she was only manifesting signs of post-rape trauma and disorientation. At the same time, in saying that the victim’s unwillingness was only in her mind, the judge gave credence to Farooqui’s defence that he was unaware of the lack of consent. When the court raises a doubt as to when exactly the consent was withdrawn, it seems the victim is being faulted for the man failing to comprehend a ‘no’. Requiring a victim to prove that her refusal had been understood by the person who assaulted her is an unreasonable burden. It may aid the use of consent as a defence against a rape charge. Consent, a major ground for defence in rape cases, was allowed to be raised in the appeal although it was not made during the trial, which resulted in the conviction and imprisonment.
•The Delhi High Court’s verdict may be largely free of the kind of platitudinous moralising that finds its way into judgments in such cases. But it can be held to account for casual phrasing, which makes it hard to distinguish between its own views and those of the defendant’s counsel in some places. Also for unnecessary and indefensible remarks such as the one about “feeble hesitation”, which it said does not amount to a positive negation of advances. Earlier this month, an order of the Punjab and Haryana High Court suspending the 20-year prison term imposed on students of a private university for gang-rape, and granting bail to them, was notable for its sweeping comments blaming the “degenerative mindset” of youth for the offence. In effect, it sought to shame the victim as one given to casual relationships and adventurism. Judicial decisions containing a mix of sound law and regressive personal opinion are not uncommon. Some blame victims of rape or insinuate that they had brought shame on themselves and their families. When superior court orders contain such remarks, there is an inherent danger that they could be seen as a legal basis for deciding cases of rape. These cases, like any other, must be decided on evidence, and courts should avoid tangential theorising.
📰 Falling off the health-care radar
Care for the elderly needs to be better targeted by the health system and social networks
•The National Health Policy (NHP), 2017 is unable to see the wood for the trees. Life and death questions are dealt with perfunctorily or simply overlooked. For example, it overlooks the rapid rise in the share of the old (60 years or more), and associated morbidities, especially sharply rising non-communicable diseases (NCDs) and disabilities. With rising age, numerous physiological changes occur and the risk of chronic diseases rises. The co-occurrence of chronic diseases and disability elevates the risk of mortality.
•Another, more recent report, “Caring for Our Elders: Early Responses, India Ageing Report – 2017 (UNFPA)”, complements the NHP by focussing on the vulnerability of the aged to NCDs, recent policy initiatives and the role of non-governmental organisations in building self-help groups and other community networks. While all this is valuable, it fails to make a distinction between the aged in general and those suffering from chronic conditions. It matters as many suffering from chronic conditions and disabilities may find it harder to participate in such networks. Nor are the important questions of the impact of these networks and their replicability discussed except in a piece-meal manner.
•The health system is ill-equipped to deal with surging NCDs; nor is the staff well trained to treat/advise the aged suffering from dementia or frailty, and for early diagnosis and management of conditions such as hypertension. The quality of medical care is abysmal, and hospitalisation costs are exorbitant and impoverishing. Health insurance covers a fraction of medical expenses incurred. However, many of these chronic conditions such as hypertension can be prevented or delayed by engaging in healthy behaviours. Supportive families and community networks often make a significant difference.
•Based on the India Human Development Survey (IHDS) 2015, among aged males and females (over 60 years)¸ the proportions of those suffering from NCDs nearly doubled during 2005-12, accounting for about a third of the respective populations in 2012. More females than males suffered from these diseases. The proportions were higher among those over 70, and these doubled in the age groups 60-70 years and over 70.
•A vast majority of those with NCDs had access to medical advice and treatment and the proportion remained unchanged during 2005-12. As there is considerable heterogeneity in providers of medical help — from qualified doctors to faith healers and quacks — and a sharp deterioration in the quality of medical services, it is not surprising that the proportions suffering from NCDs have shot up despite high access. Access to government health insurance nearly doubled but remained low as barriers for the aged remain pervasive. In any case, the proportion of medical expenses covered was measly.
Loneliness and immunity
•Loneliness is a perceived isolation that manifests in the distressing feeling that accompanies discrepancies between one’s desired and actual social relationships. The link between loneliness and mortality is mediated by unhealthy behaviours and morbidity. Research shows that loneliness increases vascular resistance and diminishes immunity.
•Whether related to or unrelated to loneliness, a high risk factor for NCDs is daily consumption of alcohol, especially local brews. Daily consumption of alcohol among the aged with NCDs rose more than twice over the period 2005-2012.
Networking as support
•Another measure is the proportion of those married and widowed. However, children often play an important role in elderly support with the caveat that filial piety shows signs of diminishing. An important point is that today, ‘women are increasingly filling other roles, which provides them with greater security in older age. But these shifts also limit the capacity of women and families to provide care for older people who need it’.
•That social networks are effective in providing support to the aged is far from axiomatic as there are questions of size of a network, whether it is proximal or non-proximal and whether there is social harmony. If social networks are instrumental in bonding together in periods of personal crises, this could compensate for a lack of family support, e.g. widows living alone, and help alleviate morbidity.
•The IHDS also provides data on inter-caste and village conflicts, with the proportion of those suffering from NCDs living in villages that experienced inter-caste or other conflicts more than doubling during 2005-2012. Lack of social harmony induces helplessness, disruption of medical supplies and network support.
•The World Report on Ageing and Health 2015 (WHO) is emphatic about what is known as ageing in place, that is the ability of older people to live in their own home and community safely, independently, and comfortably, regardless of age, income or level of intrinsic capacity. This reinforces the case that solutions to those with chronic diseases lie within but also outside health systems.
•From a policy perspective, health systems have to be configured to deal with not one NCD but multiple NCDs to manage them better. The impact of multi-morbidity on an old person’s capacity, health-care utilisation and the costs of care are significantly larger than the summed effects of each. Besides, the reconfigured medical system must be complemented by stronger family ties and social networks. This is not as Utopian as it may seem as examples of such complementarities abound.
📰 It’s time to scrap the Eunuchs Act
Steps must be taken to safeguard the fundamental rights of transgender persons in Telangana
•The Andhra Pradesh (Telangana Area) Eunuchs Act, 1329 F, an enactment “for the registration and control of eunuchs”, must be struck down immediately as it violates every principle of natural justice. This move acquires a particular urgency in the light of the recent privacy judgment.
What the Act says
•The Eunuchs Act, enacted in the Nizam’s dominions, has been in force since 1919 explicitly to control “eunuchs”, that is, people who were both “males in female dress”andthose who had undergone “emasculation”.
•Section 1(A) of this Act states, “A eunuch shall for the purpose of this Act include all persons of the male sex who admit to be impotent or who clearly appear impotent on medical inspection.” Section 2 provides for the maintenance of a register by the government that will contain “the names and place of residence of all eunuchs residing in the City of Hyderabad or at any other place… and who are reasonably suspected of kidnapping or emasculating boys, or of committing unnatural offences or abetting the commission of the said offences…” It is reasonable to presume that the definition of unnatural offences comes from Section 377 of the Indian Penal Code.
•Section 4 of the Act, “Registered eunuch found in female clothes”, reads: “Every registered eunuch found in female dress or ornamented in a street or a public place or in any other place with the intention of being seen from a street or public place or who dances or plays music or takes part in any public entertainment in a street or a public place may be arrested without warrant and shall be punished with imprisonment for a term which may extend to two years or with fine or both.” Section 5 provides for the punishment of a eunuch with imprisonment if it is found that he “has with him or in his house under his control” a boy who is less than 16 years old. There is no exception made for the possibility that this boy may be a biological or adoptive child of the said person. Section 6 provides that “the District Magistrate may direct that any such boy be delivered to his parents or guardian, if they can be discovered and they are not eunuchs; if they cannot be discovered or they are eunuchs, the Magistrate may make such arrangement as he thinks necessary for the maintenance, education and training of such boy…” Sections 5 and 6 explicitly bar eunuchs from the right to relationship, family, child custody and parental autonomy. Finally, Section 7 penalises consensual and non-consensual emasculation and abetment to emasculation with imprisonment for a term which may extend to seven years.
Constitutional framework
•Article 15 of the Constitution lists “sex” as a ground of non-discrimination. However, the constitutional category of “sex” has not been defined as restricted to male and female alone. It may therefore be constructively interpreted to offer full constitutional protection to all persons and citizens of all genders as the case may be. It may be recalled that the 2009 Delhi High Court judgment on the constitutionality of Section 377 ( Naz Foundation v. Government Of Nct Of Delhi ) applied the United Nations human rights framework to an understanding of sexual orientation and gender identity, setting out three categories of protection: non-discrimination; protection of private rights; and ensuring special general human rights protection to all, regardless of sexual orientation or gender identity. The constitutional reasoning of this decision is immediately relevant to the Eunuchs Act.
•The judgment was struck down by the Supreme Court in Suresh Kumar Koushal v. Naz Foundation (2013). The privacy Bench opens the Koushal judgment for detailed re-examination. With reference to the reasoning in Koushal that “a minuscule fraction of the country’s population constitutes lesbians, gays, bisexuals or transgenders and in last more than 150 years less than 200 persons have been prosecuted,” the privacy Bench, speaking through Justice D.Y. Chandrachud, observed that this cannot be regarded as a valid constitutional basis for disregarding a claim based on privacy under Article 21, and “is not a sustainable basis to deny the right to privacy”. Importantly, he observed: “The purpose of elevating certain rights to the stature of guaranteed fundamental rights is to insulate their exercise from the disdain of majorities, whether legislative or popular.”
•With regard to the second part of the reasoning in Koushal that Section 377 is a largely unenforced provision, the privacy Bench observed: “Sexual orientation is an essential component of identity. Equal protection demands protection of the identity of every individual without discrimination… The de minimishypothesis is misplaced because the invasion of a fundamental right is not rendered tolerable when a few, as opposed to a large number of persons, are subjected to hostile treatment… The chilling effect on the exercise of the right poses a grave danger to the unhindered fulfillment of one’s sexual orientation, as an element of privacy and dignity.”
•With specific reference to the transgender community, the judges referred toNALSA v Union of India (2014): “NALSA indicates the rationale for grounding of a right to privacy in the protection of gender identity within Article 15. The intersection of Article 15 with Article 21 locates a constitutional right to privacy as an expression of individual autonomy, dignity and identity.”
•Justice J. Chelameswar affirmed that the “right to privacy consists of three facets i.e. repose, sanctuary and intimate decision” and includes “the freedom of certain groups… to determine their appearance and apparel.” Justice R.F. Nariman observed that of the three aspects that are at the core of the fundamental right to privacy, “the privacy of choice, which protects an individual’s autonomy over fundamental personal choices”, is one.
Safeguard fundamental rights
•There is widespread evidence that the existence of the Eunuchs Act has resulted in a pervasive and continuing practice of criminalisation, illegal detention, torture in custody, and extreme coercion, which includes a perennial threat of arrest. It is also a fact that transgender persons are routinely subjected to sexual assault and sexual violence but fear registering FIRs because of the stigmatisation and vulnerability consequent on this draconian legislation, which shapes the attitudes and conduct of law enforcement officers. The Eunuchs Act has a chilling effect on the assertion of the right to privacy, dignity, and freedom by transgender persons.
•The Supreme Court has opened up a definitive space in constitutional interpretation that makes the declaration of unconstitutionality of this law by the High Court of Judicature at Hyderabad urgent. We need to take necessary steps to safeguard the fundamental rights of transgender persons in Telangana. As Justice S.K. Kaul said: “The old order changeth yielding place to new.”
📰 The great unwind
Why the U.S. Federal Reserve plans to roll back QE
What is quantitative easing?
•The U.S. Federal Reserve last week announced that starting in October, it would begin to gradually roll back its nine-year programme of quantitative easing (QE). Under the programme, the central bank has been buying bonds and other debt instruments like mortgage-backed securities from the open market since 2008. As the Fed creates fresh dollars to buy these securities, it helps to pump in more dollars into the U.S. economy. QE has been carried out in the hope that increased money supply would help stimulate the economy. The Fed’s balance sheet currently stands at $4.5 trillion. Other central banks like the European Central Bank too have adopted similar bond-purchase programmes to boost their respective economies.
Why is it being rolled back now?
•The U.S. central bank resorted to QE in the immediate aftermath of the 2007-08 financial crisis in order to boost a falling economy. It had no other choice but to inject money through QE as short-term interest rates, traditionally influenced by the Fed to control money supply, were already close to zero. Now the Fed has grown more confident about recovery in the U.S. economy, which, in the quarter ending June, grew at its fastest pace since 2015. Inflation has shown some signs of strength. As modern central banks are in the business of keeping inflation and growth at manageable levels, it is no surprise that the Fed has now decided to pull the plug on QE.
How will it affect the world economy?
•Lower demand from the Federal Reserve should cause interest rates on U.S. bonds to rise from their current, historically low levels. This is likely to make these bonds more attractive to investors, as they can now be purchased at lower prices in order to earn higher yields. In fact, the yield on U.S. Treasurys has already jumped up in expectation of lower demand. Investors are likely to sell their other investments offering lower returns to invest in U.S. bonds, which could cause some turbulence in financial markets. The Indian stock market, for instance, has witnessed a steady outflow of foreign capital as foreign institutional investors have sold out their holdings to invest elsewhere. The rupee too has shown weakness as investors pull money out of India. This is likely to continue until the risk-adjusted returns on various investments equalise. But more importantly, the distortions that QE has caused in financial markets and the wider economy are likely to be exposed as the Fed winds up its balance sheet. This will likely keep policymakers on their feet in the coming months.
📰 The way the wind blows
Tamil Nadu has reaped the benefits of better planning and forecasting in integrating wind energy into its energy mix
•Over the past few months, two seemingly conflicting developments have emerged around wind energy in Tamil Nadu.
•The first is a milestone for the wind energy sector in the State. On July 11, the Tamil Nadu Generation and Distribution Corporation (Tangedco) evacuated more than 5,000 MW of wind power, replacing almost 1,000 MW of thermal power and operating several other plants at half capacity. Wind power accounted for almost a third of the State’s electricity demand that day.
•Tamil Nadu has been historically struggling to evacuate the huge amount of power generated by its wind farms, especially from June to September when the winds are the strongest. This was partly attributed to its inability to predict wind-power generation ahead of time and plan contraction of coal power accordingly. Starting 2015, the State took the lead in using good forecasting techniques, with the support of the National Institute of Wind Energy. As a result, there has been a steady rise in the amount of wind power evacuated.
•Tamil Nadu is also expected to fully realise its renewable energy potential once the Raigarh-Pugalur green power transmission corridor, with a capacity of 6,000 MW, is completed by May 2019. It is also investing in its fourth wind power sub-station at Thennampatti, in addition to the ones in Ramnathapuram, Thoothukudi and Tirunelveli.
Market sentiment
•The second revolves around the bleak market sentiment for wind developers in the State and across the country. In February this year, India took baby steps towards discovering wind energy tariffs through auctions rather than feed-in tariffs fixed by regulatory commissions.
•Under the first auctions held for 1,000 MW, wind prices fell to a new low at Rs.3.46 per unit from the previous low of Rs. 4.16 per unit fixed by the Tamil Nadu Electricity Regulatory Commission. While auctions are a step in the right direction to ensure competition and transparency, this development has led to a situation where States like Tamil Nadu refuse to sign future power purchase agreements (PPA) at feed-in tariffs. Some States are also rethinking their existing PPAs that are priced higher than the auction price. For instance, Karnataka cancelled 400 MW of existing PPAs leaving developers with no option but to go for resource-intensive legal remedies.
•Tamil Nadu recently announced its plans to procure 500 MW through auctions with a base price of Rs. 3.46 per unit, but the wind energy companies filed a petition with the Madras High Court opposing the move since they felt that it would cut into their profit margins. The court allowed Tangedco to go ahead with the auctions, which led to another record low price of Rs. 3 .42 per unit. However, it has asked that the auction winners not be issued allocation letters till the case is resolved. Additional problems such as arbitrary curtailment of wind power and backlogs in payment by Tamil Nadu’s electric utility further eroded their faith in participating in the auctions at low margins. All of these also reflected the larger sentiment for the sector in the country, prompting the Ministry of New and Renewable Energy to write to seven States, including Tamil Nadu, to facilitate honouring of wind energy contracts.
•In the context of the larger developments in the country, the two narratives emerging present a unique opportunity for Tamil Nadu, which successfully showcased the benefits of better planning and forecasting in integrating wind energy into its energy mix. It has progressive plans that take into account the increased potential for wind energy markets once the green corridor is put in place. And it has the largest wind capacities in the country and significant developer and manufacturer interest. But as the recent developments show, transitions will never be linear. Flexibility for cheaper, better energy options need to be balanced with market stability and investor confidence. Tamil Nadu, like other States, needs to ensure this balance for regulatory clarity and sending the right signals. And most importantly, it must continue to build on its planning process for the sector to truly integrate clean energy into its grids.
