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The Supreme Court quashed a July 1 order of the Gujarat High Court directing activist Teesta Setalvad to surrender immediately in a forgery case linked to the 2002 riots. The top court said Ms. Setalvad would continue on bail in accordance with its September 2, 2022 order.
The FIR you filed in this case in June 2022 says she fabricated the statements [of the riot victims] given to the Special Investigation Team. These statements were given in 2008 till 2011.
Senior advocate Kapil Sibal, for Ms. Setalvad, said the contents of the victims’ statements/affidavits were never challenged in the past 20 years.
The Bench said the High Court order, spanning over a 100 pages, proved to be an “interesting read” and was riddled with “contradictions”.
For one, the High Court judge, having resolved to stick to the limited issue of bail and not wander off into the merits of the case, goes on to do exactly that with an elaborate discussion of the evidence against Ms. Setalvad.
The top court found no reason to send Ms. Setalvad into custody. It said the chargesheet was already filed in the case.
Custodial questioning was not necessary as the evidence in the case was documentary and in the hands of the police. Besides, the Bench said she was a woman and had already undergone arrest, police custody, and detention in the case.
Cong. brings in Bill promising minimum income in Rajasthan (Page no. 4)
(GS Paper 2, Judiciary)
Congress-led Ashok Gehlot government introduced ‘The Rajasthan Minimum Guaranteed Income Bill, 2023’ in the Assembly, in what is likely to be the last session before the State goes to polls in less than four months.
The Bill, for the first time in the country, provides legislative backing for urban employment guarantee schemes and also makes pension a legal right with the provision of a 15% annual increment.
Rajasthan Chief Minister Ashok Gehlot shot off a letter to Prime Minister demanding that such a law should be brought for the entire country.
Ahead of the 2019 Lok Sabha election, the Congress in its manifesto had promised NYAY — which offers ₹72,000 each annually as a minimum income to the 20% families in the poorest of the poor category.
Since then, the party has rarely spoken about the scheme. This Bill comes the closest to the Congress’s 2019 promise.
Every adult person residing in rural areas of the State shall have a right to get guaranteed employment for doing permissible work of at least additional 25 days in a financial year on completion of maximum days of work as prescribed by the Union government’s MGNREGA Scheme.
Every person falling in the category of old age, specially abled, widow or single woman with eligibility shall be entitled to pension under this Act. And this pension will be increased at the rate of 15% a year.
Arguing in favour of the legislation, social activist Nikhil Dey of the Mazdoor Kisan Shakti Sangathan said that it brings a unique approach to an undisputed need for minimum income guarantees for crores of vulnerable families across the country.
The law combines employment guarantees for those who can work and minimum social security pensions for those who can’t — thereby ensuring a minimum legal income guarantee for all.
Several other States too have in recent years introduced employment guarantee schemes for the urban areas but only via executive order. This is the first time the Urban Employment Guarantee Scheme will get legislative backing.
Editorial
A job and career right the disabled cannot be denied (Page no. 6)
(GS Paper 2, Judiciary)
‘Justice delayed is justice denied’ is a statement often used in the context of judicial cases that have been or are pending for long in courts of law.
There could be several factors responsible for such a situation to arise. These include the complex nature of cases; a lack of judicial attention as far as the aggrieved party is concerned, and even a lack of resources/power/other kinds of support available to the aggrieved side. One such issue that has become a victim of such a state of affairs is reservation in the promotion of persons with disabilities.
The Persons With Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995, or the PwD Act, first recognised the right of the disabled person to be employed and promoted in government jobs on equal basis with others.
In order to ensure this, it introduced 3% reservation for the disabled in employment. The reservation of seats for the disabled existed in Groups C and D prior to the introduction of the PwD Act.
Now, the Act extended reservation for the disabled in Groups A and B — a progressive step towards ensuring the dignity of and equality for the disabled at all levels including career advancement in government jobs.
In addition to this, it also fixed the percentage of reservation of seats at 3%, which opened the gates of recruitment to disabled people in different sectors of the government.
This Government Order was issued by the department in 1998 after the passage of the PwD Act, 1995. It happened after Parliament enacted the provision of reservation of promotion for Scheduled Castes (SC) and Scheduled Tribes (ST), reversing the Supreme Court of India verdict in Indra Sawhney Etc. vs Union Of India And Others, Etc., where reservation in promotion for SCs and STs was withdrawn.
The Department of Personnel and Training interpreted the Parliament enactment to be applicable to persons with disabilities also as they are from the marginalised sections of society as well, and hence enjoy similar protection from the state of law.
Unfortunately, another Department of Personnel and Training order, i.e., no. 36035/3/2004-Estt/Res, in 2005 withdrew the reservation of the disabled in promotion in Groups A and B.
More than court action, revisit the Indus Waters Treaty (Page no. 6)
(GS Paper 2, Judiciary)
The Indus Waters Treaty (1960), or IWT, that regulates the Indus water courses between the two riparian states of India and Pakistan, is cited by many as an example of cooperation between two unfriendly neighbours for many reasons.
These include the IWT having survived several wars and phases of bitter relations, and its laying down of detailed procedures and criteria for dispute resolution.
But in the last decade, exercising judicial recourse to settle the competing claims and objections arising out of the construction and design elements of the run-of-river hydroelectric projects that India is permitted under the IWT to construct on the tributaries of the Indus, Jhelum and Chenab before these rivers flow into Pakistan, has increased.
In January this year, Pakistan initiated arbitration at the Hague-based Permanent Court of Arbitration to address the interpretation and application of the IWT to certain design elements of two run-of-river hydroelectric projects — on the Kishanganga (a tributary of the Jhelum) and Ratle, a hydro-electric project on the Chenab.
India raised objections as it views that the Court of Arbitration is not competent to consider the questions put to it by Pakistan and that such questions should instead be decided through the neutral expert process.
On July 6, 2023, the court unanimously passed a decision (which is binding on both parties without appeal) rejecting each of India’s objections. The court determined that it is competent to consider and determine the disputes set forth in Pakistan’s request for arbitration.
In an atmosphere of a lack of trust, judicial recourse appears to be the only rational strategy by the IWT parties. But it is not likely to address the rapidly growing industrial needs of the two countries, apart from food and energy needs.
The IWT provides only “some element of predictability and certainty with regard to the future supplies of water to the riparian states, but it needs to incorporate mechanisms that allow flexibility to changes in the quantity of water available for allocation among the parties”, which a paper in Water Policy, the official journal of the World Water Council, highlights.
Explainer
Why are tomato prices still high? (Page no. 8)
(GS Paper 2, Judiciary)
As prices of tomatoes hover between ₹100 and ₹200 in various parts of the country, the Reserve Bank of India’s latest monthly bulletin has highlighted that the volatility of tomato prices has historically contributed to overall inflation levels in the country.
Tomato production in the country is concentrated regionally in the States of Andhra Pradesh, Madhya Pradesh, Karnataka, Odisha, and Gujarat, which account for close to 50% of total production, according to Ministry of Agriculture and Farmers Welfare figures. There are two major crops of tomato annually — kharif and rabi.
The rabi crop hits the market between March and August annually while the kharif crop comes to markets from September. Some regions in Maharashtra and Himachal Pradesh’s Solan are able to grow tomatoes during the monsoon months, while in the summer, Andhra Pradesh’s Madanapalle region alone accounts for tomato cultivation in the entire country.
As for tomato production, it peaked in 2019-20 at 21.187 million tonnes (MT) and has been declining since. In 2021-22, it dropped to 20.69MT and 20.62MT in 2022-23.
There are multiple factors for the dip in overall tomato production this year, with the two key reasons being extreme weather conditions and low commercial realisation of the crop for farmers in the months before June as well as last year.
The heatwaves and high temperatures in April and May along with delayed monsoon showers in southern India and Maharashtra led to pest attacks in tomato crops.
As a result, inferior-quality varieties came to markets earlier this year, fetching farmers prices ranging as low as ₹6 to ₹11 per kg between December last year and April 2023.
A lot of farmers resorted to selling whatever crop they had at these prices while some abandoned their crops. This led to a crunch in supply. Later, incessant rains in tomato-growing regions further affected the new crop.
The fact that July-August is a lean production period for tomato, as it falls between yields, compounded the problem. Reports show that many farmers in the Kolar district of Karnataka, which is usually responsible for sizeable tomato supplies, shifted to beans owing to the higher prices it fetched last year.
What are the takeaways from the NATO summit? (Page no. 8)
(GS Paper 2, International Organisation)
For quite a few years, many questions were asked about the relevance of the North Atlantic Treaty Organization (NATO).
However, the war in Eastern Europe has upended these narratives and provided a renewed raison d’etre not just for strengthening the alliance but its expansion as well. The latest NATO summit held in Vilnius this month underscored both these strategic necessities for the NATO.
A standout of the Vilnius Summit was the attendance of Ukrainian President Volodymyr Zelenskyy and the anticipation around the possibility of extending NATO membership to Ukraine.
In this regard, the launch of the NATO-Ukraine Council as a forum for crisis consultations and decision-making indicated that NATO tried to assuage the feelings of Ukraine for not being included in the alliance by creating a mechanism for its wider engagement, support and future inclusion as a full member.
From Ukraine’s perspective, the Vilnius summit did usher promise but little immediate gains. All three priorities outlined by President Zelenskyy — new weapons packages, security guarantees and an invitation to join NATO — went unfulfilled. However, the U.K. did pledge ammunition support to Ukraine.
Additionally, garbed in the urgency to help Ukraine, NATO has levelled up its own defences. NATO’s new plans involve maintaining a force of 300,000 troops, with air and naval capabilities, while emphasising the importance of a strong industrial base, leading to the endorsement of a Defence Production Action Plan.
The inclusion of Finland and approval of Sweden as NATO members indicates a few things. First, it signals that the Alliance continues to practise Article 10 of the Washington Treaty signed in April 1949 which states that member countries can invite other European countries to become members of NATO.
It rests Ukraine’s potential membership on fertile grounds and conceptually deters Russia from taking steps against members of NATO. Secondly, Turkey’s scaling back of its long-standing opposition to Sweden’s inclusion in NATO is a significant shift.
While the final approval remains contingent on Turkey’s parliament, Turkey President Recep Tayyip Erdogan’s facilitation of Sweden’s membership prompts a desire to mend relations with the U.S.
A better relationship with the U.S would cushion Ankara’s faltering economy and provide opportunities to resolve bilaterally contentious issues.
News
SC agrees to list pleas to criminalise marital rape before 3-judge Bench (Page no. 10)
(GS Paper 2, Judiciary)
Chief Justice of India D.Y. Chandrachud on Wednesday agreed to list early a series of petitions seeking the criminalisation of marital rape.
Senior advocate Indira Jaising and advocate Karuna Nundy jointly mentioned the case for urgent listing before the Bench led by the Chief Justice.
Ms. Nundy said that Ms. Jaising would address the court on the issues in law. Ms. Jaising said her petition also concerned child abuse, and even sought a hearing after the ongoing Constitution Bench session.
In an earlier hearing, Solicitor-General Tushar Mehta, for the Union government, had said the case had not only legal ramifications but widespread social impact.
The petitions are largely triggered by decisions from the Karnataka and Delhi High Courts, requiring an authoritative pronouncement from the apex court.
The Karnataka High Court had held that a husband was liable to be charged for rape if he had forcible sex with his wife. The Karnataka government had supported the High Court judgment in an affidavit in the apex court subsequently.
Exception Two to Section 375 of the Indian Penal Code (IPC) decriminalises marital rape and holds that sexual intercourse by a man with his own wife, who is not under 18 years of age, without her consent is not rape.
A Division Bench of the Delhi High Court had, however, in May 2022, delivered a split verdict in a separate case on the identical issue. Justice Rajiv Shakdher, who headed the two-judge Bench, had struck down as unconstitutional the Exception Two to Section 375 of the Indian Penal Code (IPC).
India climbs seven points to 80 on Passport Index; Singapore at top position (Page no. 12)
(GS Paper 3, Economy)
India has climbed seven places on the Henley Passport Index, 2023 to the 80th rank from 87 last year, though the number of countries allowed visa-free access to Indian passport holders remains unchanged.
The Henley Passport Index is the ranking of all the world’s passports according to the number of destinations their holders can access without a prior visa. The index includes 199 passports and 227 travel destinations.
In 2014, India ranked 76 with 52 countries allowing Indian passport holders visa-free access, but its performance has not been linear. It ranked 88 in 2015 (visa-free access to 51 countries), 85 in 2016, 87 in 2017, 81 in 2018, 82 in 2019 and 2020, and 81 in 2021.
Japan, which occupied the top position on the Henley Passport Index for five years, dropped to the third place. It was replaced by Singapore, which is now officially the most powerful passport in the world, with its citizens able to visit 192 travel destinations out of 227 around the world visa-free.
Germany, Italy, and Spain occupied the second place. Alongside Japan at the third position are Austria, Finland, France, Luxembourg, South Korea, and Sweden.
The U.K. climbed two places to occupy the fourth place, while the U.S. continued its decade-long slide down the index, dropping two places to the eighth spot. Both the U.K. and the U.S. jointly held the first place on the index nearly 10 years ago in 2014.
Henley & Partners also conducted exclusive new research resulting in the Henley Openness Index which measures how many nations does a country allow visa-free access to.
Here, India was ranked 94 out of a total of 97 ranks for allowing only four countries visa-free access. At the bottom of the Index were four countries for scoring zero for not permitting visa-free access for any passport — namely, Afghanistan, North Korea, Papua New Guinea, and Turkmenistan.
World
Putin will not travel to South Africa for BRICS summit (Page no. 13)
(GS Paper 2, International Relation)
Russian President Vladimir Putin will not travel to South Africa to attend the upcoming BRICS summit, his spokesperson has announced.
Instead, Mr. Putin will participate in the summit through video conference, Russian President’s spokesperson Dmitry Peskov declared in a statement.
“Russian Foreign Minister Sergey Lavrov will attend the summit in person,” said Mr. Peskov, assuring that the Russian President’s participation in the summit would be “full-fledged”.
The announcement has ended speculation about Mr. Putin’s presence at the Johannesburg summit that will be held during August 22-24.
South Africa is a member of the International Criminal Court (ICC) which issued a warrant against Mr. Putin in March this year. The action of the ICC put South Africa in a difficult position as it is expected to carry out its obligations as an ICC member.
President Putin had attended the Bali G-20 summit last year virtually and the latest decision is reminiscent of that event where Russia was represented by Mr. Lavrov.
Russia has faced such moments in multilateral engagements repeatedly since President Putin ordered the “special military operation” against Ukraine on February 24, 2022.
Wednesday’s announcement came a day after South Africa hosted leaders of political parties from the BRICS member-countries.
The summit is likely to provide a glimpse of the moves that will unfold in the run-up to the G-20 summit in India which is on track to be attended by the leaders of the member-countries, including President Putin.