📰 POCSO Act: Assault on boys punishable by death
Cabinet approves changes to POCSO Act to protect all children under 12
•The government on Friday approved amendments to the Protection of Children from Sexual Offences (POCSO) Act, 2012, to bring punishments for sexual assaults on boys on a par with those against girls. These include the provision of death penalty when the child is under 12 years and when a penetrative sexual assault is committed by a relative.
•The amendments approved by the Union Cabinet will now have to be passed by Parliament. An official of the Ministry of Women and Child Development said the government intends to introduce the amendment Bill in the Rajya Sabha.
•The move will ensure that the Bill, once introduced even if not passed, will not lapse when the term of the present government comes to an end and the Lok Sabha is dissolved.
Kathua rape case
•Following the outrage over the gang rape of a minor girl in Kathua in Jammu and Kashmir, the government had brought an ordinance in April and followed it by passing a Bill in Parliament during the monsoon session to amend the Indian Penal Code. The changes included death penalty for gang rape of a girl under 12 years and 20 years in jail or death penalty for rape of a girl under 16 years.
•Provisions were also added to provide imprisonment for the rest of one’s natural life for gang rape of a girl under 16 years, while rape of a girl in the same age bracket would be punishable with jail of minimum 20 years upto life imprisonment.
Anomalies set right
•However, the absence of these changes to POCSO Act , 2012, which deals with sexual crimes against both girls and boys, meant that same offences committed against boys carried lighter punishments. Friday’s changes will address these anomalies.
•The Union Cabinet approved changes to Section 6 of the POCSO Act, which deals with punishments for aggravated penetrative sexual assault, enhancing the punishment of 10 years to life imprisonment and 20 years to imprisonment for remainder of a person’s natural life or with death.
•This category of offence includes assault on a child under the age of 12 years, gang rape, assault on a mentally or physically challenged child or one that is committed by a relative or a custodian of a child. According to National Crime Record Bureau data as many as 94.6% of total crimes under the POCSO Act as well as Section 376 are committed either by relatives or acquaintances.
•The government has also amended the definition of aggravated penetrative sexual assault to include an offence that causes the death of a child. The minimum punishment for penetrative sexual assault has been increased from seven years in jail to 10 years.
📰 A law that defeats its purpose
The Transgender Bill omits positive rights and ignores the protections of the ‘NALSA’ judgment
•The Transgender Persons (Protection of Rights) Bill, 2018, passed by the Lok Sabha recently, has caused great alarm. Transgender and intersex activists have protested on the streets, campaigned with parliamentarians and spoken out against the Bill. Is it not an irony that all of this is being done to ensure that the law is not passed? Why is there such a strong resistance to this Bill? Here are the main concerns.
Gender recognition
•In the landmark NALSA v. Union of India judgment, the Supreme Court laid down that transgender and intersex persons have the constitutional right to self-identify their gender as male, female or transgender even without medical intervention. The court held: “Each person’s self-defined sexual orientation and gender identity is integral to their personality and is one of the most basic aspects of self-determination, dignity and freedom and no one shall be forced to undergo medical procedures, including SRS, sterilization or hormonal therapy, as a requirement for legal recognition of their gender identity”. Hence, medical procedures should not be required as a pre-condition for any identity documents for transgender and intersex persons, nor should there be any requirement of a mental health assessment. Requiring a person to submit proof of medical treatment or mental health assessment of their gender identity violates one’s right to dignity, the right to be free from unwanted medical treatment and the right to be free from discrimination.
•The 2018 Bill in Section 6 establishes a District Screening Committee for the purpose of recognition of transgender persons. This Screening Committee includes a chief medical officer and a psychologist/psychiatrist, which goes to show that medical and psychological tests would be required for grant of change of gender identity. There is no provision in the Bill that gender change would be permitted without medical or psychological treatment.
•The Bill also does not allow for recognition of gender identity as male or female. It only allows for an identity certificate as ‘transgender’. This goes against the decision of the Supreme Court, which recognised the right to self-identify oneself as male, female or transgender and would also be forcing intersex persons to get a gender identity as “transgender”.
•The U.K.’s Gender Recognition Act 2004 was the first law in the world allowing people to change gender without surgery. Since then other countries, including Argentina, Ireland and Denmark, have passed laws that allow people to ‘self-declare’ their gender, rather than seek approval from a panel of medical experts.
•Hence the District Screening Committee needs to be removed from the 2018 Bill. The Bill needs to state explicitly that no medical or mental health examination will be required and applicants will simply need to submit an affidavit attesting the request for a change of gender identity.
Reservations not provided
•Debates on the Bill have always included the demand for reservations for transgender and intersex persons in educational institutions and in public employment as they are seen to be crucial for their social inclusion. This was not only mandated by the Supreme Court in NALSA, the Rights of Transgender Persons Bill 2014 too provided for 2% reservation.
•Surprisingly the 2018 Bill does not provide for any reservation. It provides in Sections 10 and 14 that there would be no discrimination in education and employment, but these rights are meaningless if transgender persons are not able to get access in the first place. Equality would demand that in order for the trans and intersex community to get access to their basic social rights, there should be horizontal reservation in education and employment provided to them. When the new Rights of Persons with Disabilities Act 2016 was passed, it included reservations of 5% and 4% in education and government jobs, respectively. It is surprising therefore that the 2018 Bill has no mention of similar provisions.
Criminalising lives
•The Bill in Section 19 makes it a criminal offence for anyone to compel a transgender person into begging. This has serious implications. A large number of people from the trans and intersex community are engaged in begging and sex work due to discrimination and not having any other opportunities. This provision would lead to members of the trans community being criminalised. When the criminalising of begging itself has been held to be unconstitutional by the Delhi High Court, there is no place for this offence in the 2018 Bill. For too long, gender minorities have been criminalised for being out in the streets and in public, and having this offence in the Bill will lead to further criminalising of transgender lives.
•In all these ways the 2018 Bill is seriously flawed. It does not have a whole gamut of positive rights such as the rights of trans and intersex persons to inheritance of property, rights within the family such as adoption and to be free from domestic violence, rights of political participation such as the right to vote and hold public office, and the right to health to include free sex reassignment treatments. It also does not make sexual violence against transgender and intersex persons a criminal offence. The current law on rape is gender specific and transgender persons have no recourse under criminal law for sexual assault.
•The Bill is an opportunity to ensure that the constitutional rights of transgender and intersex persons are realised. Let us not lose this opportunity by passing such a flawed legislation.
📰 India to contribute ₹4,500 cr. for Bhutan’s five-year plan
Modi and Lotay Tshering have a ‘warm exchange of views’ on important aspects of bilateral relationship.
•India will support Bhutan’s developmental needs by providing ₹4,500 crore, Prime Minister Narendra Modi announced on Friday, while visiting Prime Minister of the Himalayan country Lotay Tshering indicated his government’s commitment to maintain warm ties with India,
•“I have assured the Prime Minister that India will continue to be a reliable friend and a partner of Bhutan’s developmental needs. India will provide ₹4,500 crore for Bhutan’s 12th five-year plan. This contribution will be processed according to Bhutan’s preferences and necessities,” announced Prime Minister Modi after holding official-level talks with the Bhutanese leader and senior officials.
•Bhutan remains one of the key recipients of developmental assistance from India. According to the Ministry of External Affairs, India provided ₹4,500 crore for the 11th five year plan that lasted between 2013-18. The Hindu had reported on Friday that India is committed to supporting Bhutan’s next five-year plan to begin shortly.
•Mr. Modi said that to share the benefit of the South Asian Satellite, Indian Space Research Organisation (ISRO) is moving ahead with plans to set up a ground station in Bhutan that will help in telemedicine, disaster relief and climate trends.
•He welcomed the democratic process in Thimphu that led to the election of the new Prime Minister, Dr. Tshering who assumed office on November 7. He expressed confidence that the Mangdechhu hydro power project would be completed soon.
•The visiting leader thanked his Indian counterpart for reaching out to him soon after the election victory and sought continued support in generation of hydro power. Dr. Tshering reiterated that hydro electricity is the main source of revenue for his country and negotiations to fix the tariff rates on major projects continue.
•The statement is significant as it comes in the backdrop of reports of differences in the tariffs preferred by Delhi and Thimphu for the 720 megawatt Mangdechhu project, being set up with Indian collaboration. Bhutan reportedly wants a tariff of ₹4.40 per unit, while India expects ₹3.90 per unit. However, the Bhutanese leader indicated that the project is likely to begin in the next few months.
•“If your schedule permits, please visit Bhutan as soon as possible,” Dr. Tshering said, inviting Prime Minister Modi. “ The Mangdechhu project hopefully will begin in the next few months and we will be honoured if Prime Minister Modi inaugurates the project.”
•Mr. Modi said Bhutan will soon adopt the RuPay cards introduced by the Indian government earlier.
📰 Centre gives nod to draft Bill on Indian medicine
Cabinet approves setting up of a national commission
•The Union Cabinet has approved the draft National Commission for Indian System of Medicine Bill, 2018. The NCIM will promote “availability of affordable healthcare services in all parts of the country”, the Centre said in a statement on Friday.
•The draft Bill will enable the constitution of a National Commission with four autonomous boards for the purpose of conducting overall education in Ayurveda, Unani, Siddha and Sowarigpa.
•“There are two common boards, namely the board of assessment and rating to assess and grant permission to educational institutions of Indian systems of medicine, and board of ethics and registration of practitioners of Indian systems of medicine to maintain a National Register and ethical issues relating to practice under the National Commission for Indian Medicine,” said the statement.
•To assess the standard of teachers before appointment and promotions, the Bill proposes a common entrance and an exit exam.
📰 Bill for panel on homoeo gets nod
•The Union Cabinet has approved the draft National Commission for Homoeopathy Bill, 2018, the government said on Friday.
•“The draft Bill provides for the constitution of a National Commission with three autonomous boards entrusted with the conduct of education of Homoeopathy by Homoeopathy Education Board,” read the statement issued by the Centre. The Centre said the Bill aims to bring “reforms in the medical education of Homoeopathy”.
📰 CPEC has no military feature, it is an economic project: Pak.
NYTreport had pointed to China’s ‘secret plan’ with country
•Pakistan has said that the China-Pakistan Economic Corridor (CPEC) is a bilateral economic project and has no military dimensions.
•Foreign Office spokesman Mohammad Faisal said this at the weekly media briefing here on Thursday when asked about a U.S. media report that alleged that China had hatched a secret plan to build fighter jets and other military hardware in Pakistan as part of the $60 billion project. The Islamabad datelined report in the New York Times said Pakistani Air Force and Chinese officials were putting the final touches to the secret proposal. China last week dismissed as untrue the report.
•Responding to the report, Mr. Faisal said the CPEC was an economic project between Pakistan and China, the Dawn reported. “The CPEC has helped Pakistan improve its economy, particularly energy and infrastructure sectors have improved under it. The CPEC is a bilateral economic project, which is not against any country,” he was quoted as saying by the daily.
•All-weather friends and close allies, China and Pakistan have been jointly building the J-17 Thunder, a single seater multi-role combat aircraft. Pakistan has been eyeing a number of new advanced Chinese jets, including the stealth fighter.
📰 Analog cable TV gets an extension
Jan. 31 is new deadline to go digital
•The Telecom Regulatory Authority of India (TRAI) on Friday informed the Madras High Court that it has extended till January 31 the deadline for migration of broadcasting and cable services, including the complete shift from analog cable connections to digital set top box connections, to a new regulatory framework.
•The submission was made before Justice S. Vaidyanathan during the hearing of a writ petition filed by Chennai Metro Cable TV Operators Association, a body of local operators. The association had challenged two press releases issued by TRAI and feared that the new regulations might come into effect from December 29.
•However, senior counsel P. Wilson, representing TRAI, produced a notification issued on Thursday and pointed out that the deadline had been extended till January 31. After perusing the document, the judge ordered notices to TRAI as well as the Centre and adjourned the case to January 3 for filing of counter affidavits.
•According to TRAI’s latest notification, the new framework comprised of the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order of 2017, the interconnection regulations of 2017 and the quality of service regulations of 2017. All three of them were supposed to have come into effect last year.
•However, they got delayed due to pending litigations. TRAI held a series of meetings and consultations with all stakeholders. From the discussions, it emerged that by and large, most of them were ready for implementation of the new framework.
•Nevertheless, industry representatives sought some more time to make the subscribers aware about the new framework.
📰 Strange deal: on new e-commerce police
The new e-commerce policy betrays a muddled view of online and offline retail
•The Centre’s curiously timed attempt to ‘clarify’ foreign direct investment norms for e-commerce players could end up scuttling investor interest in the sector that has attracted large foreign players and generated thousands of jobs. The fresh restrictions and the clarifications on certain operational aspects could reinforce investor complaints about India being unpredictable in terms of policies. In March 2016, foreign investment up to 100% was allowed under the automatic route for e-com firms engaged in business-to-business transactions using the marketplace model — one where a firm sets up an enabling IT platform to facilitate trade between sellers and buyers. However, FDI was not allowed where the e-com player owned the inventory of goods to be sold, or for business-to-consumer purposes, barring a few exceptions. Now, the rules have been altered for players like Amazon or Flipkart (majority-owned by Walmart) that have made significant investments in India. The policy, to kick in from February 1, 2019, could require a major overhaul in the business model and shareholding structures of such players. For instance, earlier a single vendor or its group firms couldn’t account for over 25% of sales in a marketplace; now the rules bar sales by any entities where the e-com firm has an equity stake. A vendor’s inventory will be deemed to be controlled by the e-com player if more than 25% of its purchases are from the latter or related firms. It’s not clear how this change will help meet the principle enunciated in the policy note — fairness and the creation of a non-discriminatory, level playing field.
•Separately, any specialised back-end support for some sellers must now be extended to all vendors, while discounts, cash-backs and preferential subscription services have been made far trickier to implement. An e-commerce marketplace entity will not mandate any seller to offer a product exclusively on its platform under the new rules. But this doesn’t explain what to do when a seller voluntarily opts to sell exclusively on one e-commerce portal over another. The government is clearly keen to quell the long-brewing disquiet among offline retailers over big discount sales and the surge in e-commerce. Yet, it could have waited for the recommendations of a national e-commerce policy task force set up this April. That task force could trigger more policy shifts. India’s retail FDI policy remains muddled — with the debate now focussing on online vs offline trade as opposed to big vs small, or a single brand vs multi-brand retail FDI regime. Globally, India has been taking on protectionism, and this month the Finance Minister said free trade is essential so consumers get the best deal everywhere. The same consumer focus and non-protectionist tenets must be applied for internal trade.
📰 States get greater say over coastal regions
Cabinet approves easing of norms for development in CRZs
•The Union Cabinet, chaired by Prime Minister Narendra Modi, on Friday approved the CRZ Notification 2018, streamlining of Coastal Regulation Zone clearances, aimed at enhancing activities in the coastal regions and promoting economic growth while keeping in mind conservation principles of coastal regions.
•The move comes in the backdrop of a series of representations received by the Ministry of Environment, Forest and Climate Change from various coastal states and Union Territories, besides other stakeholders for a comprehensive review of the provisions of the CRZ Notification, 2011.
Few exemptions
•According to the new notification only such projects, which are located in the CRZ-I (Ecologically Sensitive Areas) and CRZ IV (area covered between Low Tide Line and 12 Nautical Miles seaward) will require the necessary clearance from the Ministry of Environment, Forest and Climate Change.
•The powers for clearances with respect to CRZ-II (The areas that have been developed upto or close to the shoreline) and III (Areas that are relatively undisturbed) have been delegated at the State level.
•The construction norms on Floor Space Index (FSI) or the Floor Area Ratio (FAR), which was frozen as per 1991 Development Control Regulation (DCR) levels, has been relaxed and will now be based on laws which are in vogue.
•The new notification also relaxed the No Development Zone (NDZ) criteria. Densely populated rural areas with a population density of 2,161 per square kilometre, falling under CRZ-III A, now have NDZ of 50 meters from the High Tide Line (HTL) as against 200 meters stipulated in the CRZ Notification, 2011.
Island curbs
•For islands close to the mainland coast and for all Backwater Islands in the mainland, NDZ of 20 meters has been stipulated.
•The notification also permits temporary tourism facilities such as shacks, toilet blocks, change rooms, drinking water facilities etc. in beaches. Such temporary tourism facilities are also now permissible in NDZ of the CRZ-III areas.
•The government said the new notification will “boost tourism in terms of more activities, more infrastructure and more opportunities and will certainly go a long way in creating employment opportunities in various aspects of tourism”.
•Also, in order to address pollution in coastal areas, treatment facilities have been made permissible activities in CRZ—I B area subject to necessary safeguards. Defence and strategic projects have been accorded necessary dispensation, it said
