SANITISING ELECTORAL POLITICS.

The landmark judgment by a seven-judge bench of the Supreme Court in Abhiram Singh v. C.D. Commachan and Others case of 02nd January, 2017 prescribes Indian democracy a new path to develop its electoral processes, free from fundamentalist and divisive forces diluting the secular character of its polity. It was a judgment which was long overdue. Election to State legislature or to Parliament or for that matter to any other body in the State are a secular exercise just as functions of elected representatives must be secular. 

"Electoral processes are doubtless secular activities of the State. Religion can have no place in such activities, for religion is a matter personal to the individual. The State is under an obligation to allow complete freedom for practicing, professing and propagating religious faith to which a citizen belongs in terms of Article. 25 of the Constitution: but the freedom so guaranteed has nothing to do with secular activities which the State undertakes. Therefore, an appeal in the name of religion, race, caste, community or language is impermissible under the Representation of People Act, 1951 and would constitute a corrupt practice sufficient to annul the election in which such an appeal was made regardless of whether the appeal was in the name of the election agent or that of the opponent or that of the voters", asserted the Court.

"So interpreted, religion, race, caste, community or language would not be allowed to play any role in the electoral process and should an appeal be made on any of these considerations, the same would constitute a corrupt practice in terms of Section. 123(3) of the R.P. Act, declared the majority judgment making the law loud and clear to all concerned. The majority opinion, arguing that election law is quasi-penal in nature, gave a narrow interpretation to the candidate or his agent or anyone authorised by them. This approach tends to defeat the very purpose of the legislation by allowing religious leaders and others so inclined to distort the secular character of elections by letting caste and religion to decide electoral outcomes.

Of course, law does not prevent political parties putting up candidates on religious and caste equations of particular constituencies which itself is bad for a secular democracy. To let them also exploit identity politics in electioneering as well amounts to providing political space to religious bodies in running State and Government affair, which is constitutionally impermissible. 

The dissenting judges have argued that identity politics is a social reality since the beginning of the Republic and it did pay dividends in the fight against historic discrimination based on caste, religion and race. Does this justify letting elections being fought on caste and religious identities?

Among multiple identities Indian citizens have, right to profess, practice and propagate religion is, no doubt, a fundamental right and therefore its status and influence in society cannot be wished away. Politics as we understand cannot also be kept totally free from religion particularly in the context of cultural and educational rights of minorities. But let us remember that all rights are subject to reasonable restrictions which the State may impose in the interest of public order, morality and public health. Restrictions on the RPA are one such set. The final word on what is religion and what is not religion is still to be clarified by Parliament or the Constitutional Court. There is a section of people who still argue that 'Sati', 'Untouchability', 'Dowry' are all part of their religion and therefore beyond State regulation! Others believe that all rituals and practices which go in the name of 'personal laws' are part of religious freedom even if they violate the Right to Equality or Right to Dignity of other persons! They oppose State in enacting a Uniform Civil Code according to the mandate of the Constitution!

The minority opinion seems to give legitimacy and political space to these fissiparous tendencies to continue in the name of social relaity! Courts are obliged to give effect to the intention of the legislature, which is the will of the people in a democracy and not discard it under some spurious notions of social reality or social justice. There are enough channels provided by the Constitution and further enriched by legislative and executive action to ventilative grievances of the deprived and marginalised sections, sometimes through tools structured around the very identities which the election law seeks to separate from electoral processes for good reasons.
Yes, there are problems in implementing the law efficiently which is a structural and management problem which the Indian legal system suffers from. How does one prove 'consent' of the candidate or his agent when a third person uses religion or caste to seek votes or refrain from voting by electors? This is a matter of evidence which can be circumstantial, documentary or otherwise which courts appreciate to prove or disprove all disputed facts. As such, it cannot be a serious impediment in the enforcement of the law.
The vigilance of opposition candidates and their agents as well as the security of election officials and media can check the abuse of the system. The law, in any case, does not hope to eradicate the menace in the short run but regulate it within acceptable limits. Multiple identities have a role to play in the social fabric so long as they do not inhibit individual rights or challenge basic features of the Constitution. It is indeed sad that on a fundamental issue affecting the Indian Dream, the judges of the Apex Court are divided placing citizens in a dilemma. One would wish that all judges of the Supreme Court sit en bloc and give the nation their considered view one way or the other so that constitutional law will have greater certainty and clarity to provide good governance.
'This Changes Nothing': As the dust settles on what has been described as the landmark verdict of a Seven-Judge Bench of the Supreme Court on the use of religion in elections, one thing has become clear. It has changed virtually nothing. The legal terrain has been left more or less unruffled by the sweep of the apparently revolutionary judgment. It looks as if the decision was superfluous. What the verdict has essentially done is to analyse the problem 'his' and then expand its meaning. Earlier, before the 02nd January, 2017 verdict, the provision that says that the "appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste community or language" meant nothing but the religion/caste/race/community/language of the candidate or his rival.
If for instance, in an election meeting in a Catholic dominated area a Catholic candidate implores the people to vote for him as he is a Catholic, it is an appeal in the name of religion and forms a corrupt practice under Section. 123(3) of RPA, 1951. When the Catholic candidate appeals to his voters to refrain from voting for his rival Muslim candidate, then also it is a corrupt practice. Post-verdict, I don't see much of a difference. Now, appeal to the religion of voters too, comes within the definition of corrupt practice. It is a needless expansion. Will a Catholic go to a Muslim area  and appeal to them in the name of Quran to vote a Catholic in? It does not make any sense. 
Election law is candidate-centric. The idea is not to punish voters. It is to bring to book the offending candidates. If people vote for a candidate influenced by his appeal to them on the basis of religion, it is the candidate who is culpable and not the voter who has fallen for the candidate's guiles. Given the candidate-centric nature of the law, the expansion of the pronoun 'his' is unnecessary. It is the appeal in the name of religion or caste or community that the law is sensitive to, not to the statement of facts. If a candidate, backed by irrefutable facts, declaims that scheduled tribes and castes are discriminated against and promises that his party would remedy things if voted to power, it cannot be construed an offence under Section. 123(3) of RPA. Discrimination is both an historical and abiding truth. Speaking about it, and inspiring a social mobilisation of sorts, is not an appeal in the name of caste or community. This was the case before the verdict, and will continue to be so hereafter. It is actually the blatant appeal to vote in the name of religion/caste/community/race/language which attracts the penal provision under Section. 123(3) of RPA.
The only change would be in the volume of litigation. The verdict could possibly lead to a spate of litigations in future because the Court has not explained the implication of the words "on the ground of his religion/caste/race/community/language".
'HIS' Problem: The word 'his' has been the crux of the judgment. It arose from differing interpretations given to corrupt practices in elections as defined in the amended Section. 123(3) of the RPA, 1951. The Section provides a check on appeals to religion, race, caste, community or language made in furtherance of any candidate by declaring it a corrupt practice and rendering the election of the said candidate void. Tracing the legislative history of the Section, the social context of the amendment and analysing the intention of the legislature in terms of the text, the Supreme Court now dismissed the narrow interpretation of the pronoun 'his', as against public interest, legislative intent and constitutional values. 
The Court concluded that the term 'his religion' appearing in the amended provision cannot be taken to mean to appeals in the name of religion of the candidate or his agent alone. The amendment, according to the Supreme Court, does not permit an appeal in the name of religion, race, caste, community or language, no matter whose religion, race, community or language was invoked. It can conclude that of the voter as well.
Article. 14 of the Constitution of India: Equality before law:
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India; Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Section. 123 of the Representation of People Act, 1951:
(3A). The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
(3B). The propagation of the practice or the commission of Sati or its glorification by a candidate or his agent or any other person with the consent of the candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
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JUSTICE DELAYED FOR ABUSE VICTIMS.

The victims of sexual abuse face trauma even after registering a case as convictions are often delayed. The trauma is multiplied by the government's failure to pay compensation to the victims under its Victim Compensation Scheme. Police say that the delay in getting convictions is due to slow trials, and in most cases, the victims and the witnesses withdraw their statements. In the sensational snake gang case of 2014 in which eight people were booked for gang rape, all the accused were acquitted as the victim did not confirm rape during trial. Rachakonda police commissioner Mahesh Bhagawat said the rate the rate of conviction will be high if evidence is collected in time. "If protection is provided to the victim and witnesses, it can lead to conviction. In addition to this, such cases should be put on trial in fast track courts so that the trial can be completed within a year when memories of the victim and witnesses are fresh", Mr. Bhagawat said.

Though the Criminal Amendment Act, 2013 clearly mentions that the investigation should be completed within two months and the trial in a year, the ground reality is entirely different. Officials attribute this delay to the requirement of recording the statement of the victim in front of a magistrate, medical examination of the victim and the accused by a team of experts to verify potency and getting the forensic report.

"The refusal of victims to reveal facts due to fear of family image getting spoiled delay trials. Social stigma is also a major cause of them not admitting rape", officials said. They say that even if accused are arrested fast, they secure bail and influence the victim or witnesses or dilute the case.

Compensation for victims:

1. Rape: Rs. Two lakh.
2. Loss of life (including dowry death): Up to Rs. Three lakh.
3. Permanent disability caused by assault (80 percent or more): Up to Rs. Two lakh.
4. Partial disability (less than 80 percent): Up to Rs. One lakh.
5. Loss of limb in acid attack: Up to Rs. Three lakh.
6. Loss or injury causing mental agony to the victim and children in cases like molestation: Rs. Fifty thousand.

Activists want single window for compensation: Activists say that lack of awareness among victims and lack of coordination between the police, legal services and the Women and Child Welfare Departments are delaying the disbursal of compensation to rape victims. In addition to this, the delay in getting the medical certificate adds to harassment. They demand a common platform through which a victim can get the compensation. Dr. Mamatha Raghuveer, founder, Taruni Foundation, and NGO working for women and child rights, said lack of awareness is the main cause of delay in getting compensation. Agencies who are involved with the investigation and compensation are concerned about formalities.

"Even if the process is started, there is a lot of delay in releasing the compensation and the victim has to go through lots of processes which is a harrowing experience", Dr. Mamatha said.

She said the existing process for granting damages should be scrapped and a single window process implemented. Activists said that police must inform victims about the process.

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MAN GETS DRIVING BAN FOR LIFE.

A man has been barred from driving any vehicle for his entire life by a Delhi Court as a stern punishment for rashly driving a truck, crushing to death a nine-year-old boy in 2000. The Court ordered cancellation of the driving licence of Sunil Kumar Mishra, a resident of Pratapgarh in Uttar Pradesh, and said no fresh licence should be issued to him as he is barred from obtaining it 'throughout his life'. The Court said the order be circulated to all registration authorities across the country. 

Besides this, the convict was sent to jail for one year for causing the death of the school-going child by negligence. "It is ordered that the driving licence of Mishra shall also stand cancelled and if placed on record be destroyed. Also an information be sent to the concerned MLO, Registration Authority for cancellation of his licence on record to enter an entry to that effect that his licence is cancelled and he is barred to obtain any driving licence throughout his life", Additional Sessions Judge Archana Sinha said. The only concession for the driver was that the judge reduced his 18 months jail term to one year.

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PARENTS CAN HAVE KICK OUT ABUSIVE KIDS, SAYS HIGH COURT.

Children who abuse their parents while staying with them in their house can be evicted from the property, the Delhi High Court has ruled. Justice Manmohan, in his ruling, specified that the house need not be self-acquired or owned by the parents. "As long as the parents have the legal possession of the property, they can evict their abusive adult children", the Court said, adding that even the "courts have repeatedly acknowledged the right of senior citizens or parents to live peacefully and with dignity". This is a major improvisation in a 2007 law that had left it to state governments to frame rules to protect the life and property of senior citizens. 

The court's verdict came after it heard an appeal filed by 'alcoholic' former policeman and his brother, challenging a Maintenance Tribunal's October 2015 order to evict the two from the residence where their elderly and ailing parents lived. The brothers had contended that the tribunal had exceeded its jurisdiction in passing the eviction order as there was no claim for maintenance and the relief was granted only on the allegations of physical assault, maltreatment, harassment and forceful ouster of their parents from the property.

The alcoholic, whose services were terminated from Delhi Police, had said that even in cases of parental abuse, no eviction order could be passed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Court, while interpreting the provisions of the Act, said the "senior citizens maintenance tribunal can issue eviction order to ensure that senior citizens live peacefully in their house without being forced to accomodate a son who physically assaults and mentally harasses them or threatens to dispossess them".

In its 51-page judgement, the Court noted that the directions to evict the adult children from the property was necessary in certain cases like the present one, to ensure a normal life for senior citizens.

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GENDER SENSITISATION HAS TO START FROM HOME: CHIEF JUSTICE OF INDIA KHEHAR.

Chief Justice of India J.S. Khehar said that making strict laws was not sufficient to prevent crimes against women. He emphasised that the mindset of society had to change to ensure women enjoy equal status as men. "A man goes outside house as per his will but wife goes outside after taking permission. A man spends money as he chooses but wife spends as per his nod. A man is considered to be the master of the house but not wife, because she cooks, washes clothes, keeps the house clean and makes all efforts to make life comfortable. This is the mindset which must change. Children also see the behaviour of their parents and follow the same mindset where a girl child is treated as liability and a boy is considered as a future asset", he said.

Speaking at a seminar organised by Supreme Court's Gender Sensitisation and Internal Complaints Committee, Khehar said there was psychological issues behind rape and eve-teasing. He said crimes against women were more prevalent in lower strata of society and it was not only punishment which could set things right. He said that needs of the poor and deprived must be taken care of by the society.

Justice Dipak Misra said that putting restriction on women's freedom was a medieval practice that must be done away. GSICC Chief and the lone woman SC judge Justice R. Bhanumathi said that the Court had always been upfront in protecting the rights of women and in implementing constituional mandate against gender discrimination. [Times of India dated 10th March, 2017].  

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FUND TRANSFERRED FROM PROVIDENT FUND TO NATIONAL PENSION SCHEME (NPS) NOT TAXABLE.

The pension regulator has unveiled rules for transfer from recognised provident and superannuation funds to the National Pension Scheme (NPS). In the 2016-17 budget, the government had announced that subscribers from provident and superannuation funds would be able to transfer their corpus from these funds to NPS without any tax complications. The Pension Fund and Regulatory Development Authority said any subscriber interested in such a transfer should have an active NPS  Tier I Account which can be opened either through the employer (where NPS is implemented) or through the points-of-presence (POPs) or online through eNPS on the NPS Trust website. The regulator also made it clear that as per the provisions of the Income Tax Act, 1961, the amount transferred from recognised provident or superannuation fund to NPS was not treated as income for the current year and hence not taxable. 

"Further, the transferred recognised provident fund/superannuation fund will not be treated as contribution of the current year by employee/employer and accordingly the subscriber would not make income tax claim of contribution for this transferred amount", the regulator said in a statement. The subscriber presently under government, private sector employment should approach the recognised provident fund or superannuation fund trust through the current employer requesting transfer to the NPS Account. "The recognised provident fund/superannuation fund trust may initiate transfer of the fund as per the provisions of the trust deed read with the provisions of the Income Tax Act", the pension regulator said.

In case of a government or private sector employee, the employee should request the recognised provident or superannuation fund to issue a letter to his present employer mentioning that the amount was being transferred from the recognised fund to the NPS Tier I Account of the employee. This should be recorded by the present employer or POP as the case may be, while uploading the amount. The return on NPS for central government employees for one year works  out to 15.9 percent whiel for five years it stands at 11 percent. [Times of India dated 09th March, 2017]. 

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PUBLIC INTEREST LITIGATION CAN'T CHALLENGE FINANCIAL DECISIONS: RESERVE BANK OF INDIA.

The Reserve Bank of India (RBI) urged the Delhi High Court to dismiss a PIL against surcharge on credit/debit card transaction. It has argued that the tool of PIL cannot be used as a 'weapon to challenge financial or economic decisions', while opposing the plea. The PIL has challenged the surcharge levied by the banks and the financial institutions on credit and debit card transactions saying it is 'illegal' and 'discriminatory' and wants the court to intervene.

"The decisions are taken by the RBI in exercise of its administrative/statutory powers and in public interest. The issues in the writ petition pertain purely to the economic policy of the state and the challenge to the same at the instance of a public-spirited person cannot fall within the parameters of PIL, as has been laid down by the Supreme Court from time to time", the RBI submitted before a Bench comprising Chief Justice G. Rohini and Justice Sangita Dhingra Sehgal.

The High Court was hearing a PIL filed alleging that though government's de-monetisation move was beneficial, the decision to levy surcharge on credit and debit card transactions is 'unlawful, unequal and arbitrary treatment is visible in the payment of petrol charges through credit and debit cards". The PIL argues that levying surcharge is not only illegal and discriminatory but it also promotes circulation of black money. The RBI, however, refuted the petitioner's contention and said that its decision is within rules and doesn't violate any Fundamental Right or any Legal Right of the petitioner. [Times of India dated 07th March, 2017].  

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FREE SPEECH NEEDS TO BE EXERCISED WITH TOLERANCE.

To define free speech is an arduous task. It is much easier to exercise the right to free speech and expression guaranteed under Article. 19(1)(a) to all those who abide by our Constitution. Article. 19 itself constructs free speech in exceptional circumstances. But neither the Constitution nor the Supreme Court, in its numerous judgments protecting Article. 19(1)(a), have given an exhaustive analysis of what free speech could be. A middle-aged journalist was recounting his experience with free speech. He grew up in a large family where only the father had the right to free speech. Any counter argument was regarded as committing the sacrilege of talking back to father. Was his right to free speech violated? When he had his own family, he was constantly sniped at by his children, exercising their free speech to point out how his spoken English had an awful regional accent which many a time made him prefer silence. Since evolution, family and social norms have put fetters on free speech. The personal experience of the journalist is inconsequential when one looks at societal norms that construct free speech. For centuries, Dalits did not have the freedom of speech to criticise upper castes. They still don't. When they decide to resort to free speech, it often invites blood-soaked humiliation.

Free speech on a cricket field has in the past invited ugly spats. Free speech against judges invite contempt charges. In contrast, expletives are not part of free speech, yet it is freely used on Delhi streets. Free speech comes from free thinking, which takes place in a free environment. Has India provided a free environment that encourages free thinking? Are social norms evolved through this collective thinking conducive for free speech? A case in point is the free articulation of one's sexual identity. The third gender covered under the threat of prosecution and persecution for centuries. Thanks to the cases in the Delhi High Court and the Supreme Court, big cities have somewhat come to terms with people going public with their sexual orientation. Still, the  social stigma is so unnerving that only a few rich and famous have dared to articulate their sexual preferences.

At present, free speech has sparked a fiery debate in Delhi that refuses to be doused. A 20-year-old exercised her right to speak her mind. A legendary cricketer, who enthralled spectators with fearless batting, responded. Both these were in exercise of free speech. But a famous lyricist muddled the free speech debate by calling the cricketer a 'harder literate player', though the later took back his words. Is free speech the fiefdom of the so-called educated? These so-called educated use their free speech as sermons and get angry when they encounter a witty counter through free speech exercised by not so educated, yet well informed persons. The "I am right, You are wrong" infection has taken a virulent form during this free speech fever. Tolerance for other's right to free speech is dwindling fast. While dealing with an incident relating to the eviction of yoga guru Baba Ramdev from Ramlila grounds in Delhi, the Supreme Court on 23rd February, 2012, had given one of its finest discourses on the virtues of free speech. [Times of India dated 07th March, 2017]. 

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THIRD PARTY CAR INSURANCE TO COST MORE.

The premium for third party motor vehicle insurance is set to go up significantly as the government has agreed to do away with the cap on third party liability of insurance companies in case of grievous injuries or deaths in road crashes. The Insurance Regulatory and Development Authority has proposed a nearly fifty percent hike for most categories of vehicles for 2017-18. It is mandatory for vehicles to have third party insurance while insurance for own damage is optional. In comprehensive insurance policies, which have both components, the share of third party insurance is barely thirty percent. IRDA has not proposed increase in third party insurance premium only for a few categories of vehicles such as Maruti Alto, Tata Nano and Datsun Go as well as pick-up vans and mini trucks. But it proposes to increase the premium of cars that have 1,000 to 1500 cc engines by almost fifty percent. Sources said the final hike could be 25-30 percent. It is likely that insurers would push for another round of increase once the Motor Vehicle (Amendment) Bill is passed with the proviso that insurance companies pay the entire compensation awarded by motor vehicle claims tribunal.

There is also a debate on why the government is not deregulating the third party insurance component as it has done in the case of 'own damage cover'. Data with the General Insurance Council show that out of around 19 Crore registered vehicles in India, only 8.26 Crore  had third party insurance cover in 2015-16. Sources said vehicle dealers usually pushed for comprehensive insurance policy at the time of selling a new vehicle as agents get higher commissions in the process. The insurance renewal fee usually falls by fifty percent in the fourth or fifth year once the owners pay back the bank loan. Sources said that if third party insurance is sold separately, it won't pinch vehicle owners and would encourage them to renew policies since it costs only only about thirty percent of the comprehensive vehicle insurance policy.
"Once deregulation of third party insurance happens there will be competition among players. After deregulation of own damage cover, companies are offering huge discounts in that segment", said S.P. Singh of IFTRT, a think-tank on transport issues. [Times of India dated 06th March, 2017].
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MUST GIVE REASON FOR SUMMARY COURT MARTIAL: SUPREME COURT.

The Supreme Court has dismissed the Army's petition seeking review of an order of the top court in July, 2016 which had said that a Summary Court Martial (SCM) must be held only in exceptional circumstances and its reasons recorded in writing. In the review petition, the Army had sated that there was no provision in the Army Act for recording reasons for an SCM. An SCM is held by the commanding officer of a corps, department or detachment to which an accused soldier belongs. The commanding officer alone constitutes the Court. The SCM can pass any sentence under the Army Act except death or imprisonment for a term exceeding one year. 

While dismissing the review petition, a Division Bench headed by Chief Justice J.S. Khehar clarified that reasons would have to be recorded from the date of the decision of the court, which is 05th July, 2016. The case was heard on 16th February, but the order was released two days ago. In one of its most important rulings on military law, the SC had declared that SCM was an exceptional provision and not the rule. The Apex Court had affirmed the view of the Delhi High Court that officials have to record the reasons holding it immediately. The Delhi High Court had held that the origin of SCM could be traced to the 1857 mutiny for 'prompt and swift award of punishment to indisciplined sepoy malefactors'.

The SC endorsed the view of a committee of experts constituted by the defence minister, which had said SCM was not meant for regular recourse and should be replaced with a more  robust system meeting constitutional norms. [Times of India dated 06th March, 2017].

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BRIBERY IN POLLS COULD BE COGNIZABLE OFFENCE.

The Union Home Ministry has drawn up a Draft Criminal Law Amendment Bill, 2016, seeking to make bribery during polls a cognizable offence under Sections. 171-E and 171-F of the Indian Penal Code and enhancing maximum punishment under this provision to three years from the existing one year. This follows a letter written by Chief Election Commissioner Nasim Zaidi to Union Home Minister Rajnath Singh in December, 2016, proposing the above two amendments as part of reforms to tackle bribery of voters during polls. Sources in the Election Commission revealed that the Bill was circulated to the states for their comments in February, 2017. As per law, fifty percent of the states must give their consent for the draft Bill to be moved in Parliament. [Times of India dated 06th March, 2017].  

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AADHAAR DATA BASE FULLY SAFE AND SECURE, SAYS UIDAI.

The Uinque Identification Authority of India (UIDAI) said that there has been no incident of misuse of aadhaar biometrics leading to identity theft and financial loss. UIDAI is responsible for Aadhaar in the country. Moreover, subsidy transfers linked to Aadhaar has led the exchequer to save Rs. 49,000 Crore during the last two-and-half years. According to Unique Identification Authority of India (UIDAI), there has been no incident of theft and financial loss when more than 400 Croroe Aadhaar authenticated transactions took place during the last five years, it said. UIDAI also said that it has carefully gone through various reports and would like to emphasise that there has been no breach to UIDAIdatabase of aadhaar in any manner whatsoever and personal data of individuals held by UIDAI is fully safe and secure.

"Aadhaar-based authentication is robust and secure as compared to any other contemporary systems. Aadhaar system has the capability to inquire into any instance of misuse of biometrics and identity theft and initiate action", it said. With reference to an incident of misuse of biometrics reported in anewspaper, UIDAI said that it is an isolated case of an employee working with a bank's Business Correspondent'c company making an attempt to misuse his own biometrics which was detected by UIDAI internal security system and subsequently actions under the Aadhaar Act were initiated. Responding to media reports about on-boarding of the ecosystem partners, UIDAI said that the regulations under the AAdhaar Act strictly regulate the on-boarding, functioning including the data sharing restrictions imposed on the companies which want to use Aadhaar information. UIDAI further said that Aadhaaris an important tool of good governance and empowerment of people and has helped more than 4.47 Crore people open bank accounts through Aadhaar e-KYC.

It has enabled the government to do Direct Benefit Transfers under various schemes including  LPG subsidy and has helped the exchequer save over Rs. 49,000 Crore during the last two-and-half years. Aadhaar-based Public Distribution System is benefiting people by ensuring that their food grain entitlement are given only to the deserving beneficiaries and are not cornered by unscrupulous and corrupt elements, it said. With reference to reports that there are no extant regulations available to prevent storage and misuse of e-KYC data, while citing instances like capturing IRIS from high resolution photograph, UIDAI said that there are stringent provisions in the Aadhaar (Authentication) Regulations governing the usage of e-KYC data including storage and sharing, resident consent being paramount in both the cases. Any unauthorised capture of IRIS or fingerprints or storage or replay of biometrics or their misuse is a criminal offence under the Aadhaar Act, it said. [Times of India dated 06th March, 2017].  

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IS A FORTY-YEAR-OLD WOMAN WITH MENTAL AGE OF SIX ENTITLED TO COMPENSATION UNDER POCSO?

This case will go down in the annals of judiciary as one of its kind. Even before the Supreme Court could decide a tricky question whether a person who sexually assaulted a forty-year-old woman, with mental age of six years, be tired under stringent Protection of Children from Sexual Offences Act (POCSO), the accused died in judicial custody. As a Bench of Justices Dipak Misra and R.F. Nariman had reserved its verdict on a petition moved by the woman suffering from Cerebral Palsy through her mother Dr. Manjula Krippendorf for taking into account the mental age of the female for treating this to be a case under POCSO, her counsel Aishwarya Bharti said even if the accused had died pending trial, the POCSO provided for compensation to be paid to the victim. Bharti argued that the law and the rules framed there under provided that a child victim of sexual assault would be entitled to compensation from the State "whether there was trial or not, or for that matter irrespective of whether there was acquittal or conviction of the accused". Recommended by Colombia.

She said: "death of the accused really does not matter as regards the grant of compensation and benefits for rehabilitation of the child, in this case an adult woman who had the mental age of a six-year-old". 

The Bench said the core question for determination in this case was whether or not a sexual assault on an adult woman with a mental age of a child would be a crime to be tried under POCSO. "Once we determine this question, the other consequences would want to follow as per the law and the rules under it", Justices Misra and Nariman said before reserving verdict on the additional question raised by Bharti. 

Petitioner Krippendorf had alleged that her Cerebral Palsy afflicted daughter was repeatedly sexually assaulted to dissuade her from claiming inheritance rights over a house in Defence Colony in South Delhi, where she lived. She had attached a report from AIIMS with a specific finding that the intelligence quotient and mental age of her daughter, guaged in eight social adaptive domains like communication, locomotion, socialisation, self direction, etc., was six years.

Bharti argued that the Courts have always leaned in favour of accused who were deficient in their mental capacity to understand the nature of crime committed by them. "Under the criminal jurisprudence, determination of mental capacity of the offender is critical to the procedure to be adopted for determining his role in the crime. It is equally critical, if not more, for the victims, as people with low mental age suffer the same consequences as a child in case of sexual assault", she said. [Times of India dated 04th March, 2017]. 

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SOON, AADHAAR WILL BE MUST FOR BOOKING TRAIN TICKETS ONLINE.

The railways will soon move towards Aadhaar-based online ticketing system to prevent touts from blocking a bulk of tickets, end fraudulent bookings and curb cases of impersonation. Aadhaar number has been made mandatory for senior citizens+ to avail concessions in train tickets from 01st April, 2017. A three-month trial run for this is going on. As per the new business plan 2017-18, unveiled by Railway Minister Suresh Prabhu, besides the Aadhaar-based ticketing cashless ticketing system by installing 6,000 point-of-sale machines and 1,000 automatic ticket vending machines across the country.

"Aadhaar number will be required for one-time registration at the IRCTC ticketing site. The step is aimed at eliminating touts from registering with fake identities", a senior railway ministry official said, adding the railways is preparing a software for the purpose. Despite taking several steps, touts corner a bulk of tickets and sell those at much higher prices and this is becoming a serious problem for the railways.

The new business plan also envisages launching of new tourist trains connecting hill stations and enhancing passenger comfort and providing pleasurable journey experience through improving amenities and catering service. [Times of India dated 03rd March, 2017].  

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CENTER TO NOTIFY 56,825 SQUARE KILOMETERS AREA AS ECO-SENSITIVE ZONE IN WESTERN GHATS.

Unable to reach at any final conclusion over extent of Ecologically Sensitive Area (ESA) in Western Ghats within stipulated time frame, the Center has come out with a fresh draft notification proposing 56,825 sq. kms area as 'no go' zone for high polluting human activities like mining, quarrying, big constructions, thermal power plants and certain types of industries. The draft, released by the environment ministry in New Delhi recently, will delay the final notification by two more months as it gave stakeholders sixty days to forward their suggestions. The ministry will take its call after going through objections, if any, of the states - Gujarat, Maharashtra, Goa, Karnataka, Tamil Nadu and Kerala. Though five states are more or less agreed to the earmarked ESA, the delay is mainly attributed to the stand taken by kerala which wants reduction of the area fall under 'no go' zone.

Kerala had undertaken exercise of demarcating ESA by physical verification and found that 886.7 sq. kms. out of total 9993.7 sq. kms. of the area is non-forest land. The state, therefore, wants the ministry should leave out the non-forest land (886.7 sq. kms.) from the zone demarcated as the ESA. Since final notification of the ESA within the Western Ghats was supposed to be issued within 545 days of the last draft notification of 04th September, 2015, the ministry had to, in any case, come out with a fresh draft to beat the deadline. It is, in fact, third such draft notification. The first one, comprising of curtailed ESA, was issued in March, 2014. Initially, the government wanted area of 59,940 sq. kms. (roughly 37 percent of the Western Ghats) as a 'no-go' zone.

The draft, carries village-wise details of the ESA and their maps within the Western Ghats, identified all the non-polluting activities which would not be allowed once the ministry comes out with a final notification. The idea of 'no-go' zone - ESA - was conceived to protect the unique bio-diversity of the Western Ghats which is home to a variety of endemic species of flora and fauna, wetlands and riverine ecosystems. The UNESCO has even included certain identified parts of Western Ghats in its 'World Natural Heritage' list because it is centre of origin of many species.

"Since the Western Ghats also supports a population of approximately fifty million people and includes areas of high human population density, we don't want to take a final call without taking all stakeholders on board. There is a need to conserve and protect its unique biodiversity while allowing the sustainable and inclusive development of the region", said an official while responding to a question of delay in issuing final notification. He said, "Once it is notified, high polluting human activities will not be allowed within the ESA. It will not affect agriculture and plantation activities of the people in the Western Ghats. Their normal businesses and other non-polluting activities will also not get adversely affected". [Times of India dated 03rd March, 2017]. 

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LEGAL NEWS IN BRIEF.

Judicial Appointment: Supreme Court-Government Consensus On National Security Clause: The Supreme Court collegium is likely to come around to accept the Centre's stance that it can turn down names of Judges recommended for appointment to the High Courts and Supreme Court on grounds of national security on the condition that the reasons are recorded in writing. Sources said the collegium would soon convey to the government its new stand, in what can clear the way for the early appointment of judges of High Courts and the Supreme Court. The Memorandum of Procedure (MoP) might be finalised by the month-end, sources said. 

The national security clause has been one of the trickiest in the MoP for appointment of judges which has been hanging fire since December 2015, when a five-judge constitution bench entrusted its redrafting to the Centre in consultation with CJI. The draft MoP prepared by the Centre had been tossed to the collegium and back without much progress on the 'national security' clause for the past year.

In a recent meeting, members of the Supreme Court collegium led by CJI J.S. Khehar decided that while the Centre can reject a person for appointment as SC or HC judge under the national security clause, it would have to record reasons in writing as to how a particular appointment would run afoul of national security. [Times of India dated 28th February, 2017].

--------------------------------------------------------------------------------Supreme Court rejects plea to abort 26-week-old foetus with Down Syndrome: The SC has refused to allow a woman to abort her 26-week foetus that would be born with Down Syndrome. The Apex Court said that aborting a 20-plus week foetus can be allowed only in cases where there is a danger to the life of the mother or the foetus. Medical reports said the woman's child may suffer from physical and mental problems and with low intelligence, but there was no physical risk to the mother in continuing the pregnancy. "It is said that the child may suffer from physical and mental challenges and it's unfortunate for the mother but we can't allow an abortion...We have a life in our hands", the Court said. Down Syndrome is a congenital disorder which causes intellectual impairment and physical abnormalities.

A two-judge bench of the Apex Court, headed by Justices S.A. Bobde and L. Nageswara Rao, passed the interim order. Meanwhile, the Centre informed the bench that it is considering extending medical termination of foetuses of up to 24 weeks. In February, 2017, the top Court allowed a 22-year-old woman to terminate her 24-week pregnancy on the ground that it would endanger her life. In January, 2017, the Apex Court allowed a Mumbai-based woman, who was in her 24th week of pregnancy, to terminate her pregnancy under the Medical Termination of Pregnancy Act. The Court took into consideration a medical report that suggested the foetus would not be able to survive without the skull. [Times of India dated 01st March, 2017].

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EPFO allows withdrawals from Pension Account without Aadhaar: Retirement Fund Body (EPFO) has allowed full and final withdrawal of funds by the subscribers from their pension account without providing Aadhaar number. "All those members filing claims for withdrawal of funds from their pension account would not be required to submit Aadhaar as mandated in an earlier order of the EPFO", a senior official said. The members with less than ten years of service can submit a full and final settlement claim through Form 10-C to withdraw the amount accumulated in their pension account. However, the official said that the member submitting claims for fixing their pensions using Form 10-D would be required to submit Aadhaar number or enrolment slips. Explaining about the reason for giving this breather to the members, the official said, "The requirement of submitting Aadhaar number under Form 10-C claims led to issues in settlement of withdrawal cases. Thus, it is decided that obtaining Aadhaar should be mandatory for the time being only for pension (fixation under 10-D Form) and not in withdrawal cases (under Form 10-C)".

Earlier in January, 2017, the Employees Provident Fund Organisation (EPFO) has made it mandatory for pensioners as well as subscribers to submit Aadhaar numbers+ for continuing the benefits under its various social security schemes. Later in January, 2017, the body had also made it mandatory for members to furnish Aadhaar number while submitting claims for settlement of their pension accounts under Employees' Pension Scheme, 1995. Earlier in March, 2017, the EPFO had extended the deadline for submitting the Aadhaar number by its members as well as pensioners till 31st March, 2017. [Times of India dated 01st March, 2017].

--------------------------------------------------------------------------------- Supreme Court sends a man behind jail for life for 'honour killing' of his pregnant daughter: The SC has awarded life term imprisonment to a man for killing his pregnant daughter for eloping and getting married to her lover belonging to a lower caste family against his wishes. A Bench of Justices Kurien Joseph and A.M. Khanwilkar said that the man deserved a severe punishment for the heinous offence and enhance the ten year jail term awarded by Karnataka High Court to life imprisonment. "It would necessarily follow that the accused committed murder of his daughter Shilpa who was in the advanced stage of pregnancy and for which he was liable to be punished with either imprisonment for life or death under Section. 302 of IPC alone. In the peculiar factual background of this case, we do not find it a fit case to impose death penalty", the Bench said. The man was acquitted by trial Court on the basis that there was no sufficient evidence to prove his guilt and many of the witnessed had turned hostile. The trial Court refused to rely on the testimony of mother-in-law of the deceased who had seen the accused committing the crime. The trial Court had said that there were discrepancies in her statements. The Karnataka High Court, however, found her statements trustworthy and convicted the accused. The High Court had awarded ten years imprisonment. The convict thereafter moved the Supreme Court against the conviction.
While entertaining his plea, the Apex Court came to the conclusion that the quantum of punishment given by HC was not sufficient for such crime and sought his response on why it should not be increased. Sensing the mood of the Court, the convict pleaded the Court to allow him to withdraw his appeal but his plea was rejected and was awarded life imprisonment. "In the present case, the evidence of mother-in-law has been corroborated by other circumstances and prosecution evidence. That leaves no manner of doubt that the accused not only had strong motive to kill his daughter but was responsible for doing so and excludes the probability of someone else being responsible for her death", the Bench said.
"Accordingly, appeal filed by the accused is dismissed and the show cause notice for enhancement of sentence is made absolute by recording conviction of the appellant under Section. 302 of IPC and imposing sentence of imprisonment for life", it said. In this case, the deceased Shilpa, from the Lingayat community, fell in love with Ravi Kumar from the Naik community and she eloped with him and got married in Court in 2002. Shilpa then started living with her in-laws. On 03rd October, 2003, her father came to her house and killed her in bathroom. Her mother-in-law saw him fleeing away after the spot toilet with a blood stained sickle. She then registered a FIR against him and he was caught by the police twenty days after the incident. [Times of India dated 02nd March, 2017].
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