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Questioning the delay in filing an FIR in the case related to the video clip of two women being paraded naked in Manipur, the Supreme Court expressed concern over the “systemic acts of violence” and said it could consider “intervention”, including setting up a team of “officers or judges, who are not politically aligned”. The court also asked for details of the “6,000 FIRs” filed in the state, and the action taken.
While a court-appointed team will not “supplant” the investigating officers, there is a need to administer “some healing touch”, the court said, adding that such a team would send across the message that the “highest constitutional court of the country is deeply concerned”.
The extent of our intervention will also depend on what the government has done so far. If we are satisfied that the government has done adequately so far, we may not intervene at all. But if we are not satisfied, then we feel there is a grave and urgent need for us to do so.
The Bench, which included Justices J B Pardiwala and Manoj Misra, was hearing a clutch of petitions on the violence in Manipur, including the May 4 incident of the women being paraded naked and assaulted.
An incident has come to light involving the women being paraded naked in the presence of a mob, at least two of them have been raped.
City
Bill to replace Delhi ordinance gives civil service authority more power (Page no. 6)
(GS Paper 2, Governance)
Scheduled to be tabled by Union Home Minister Amit Shah in the Lok Sabha Tuesday, the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, seeks to bolster the Centre’s hold on the capital’s administration.
The Lieutenant Governor, as ‘Administrator’, had already been given more teeth regarding matters beyond the purview of the Delhi Legislative Assembly through an ordinance promulgated by the President on May 19. The Bill will replace the ordinance.
The Bill proposes that the section dealing with discretionary powers of the L-G be replaced in the Government of National Capital Territory of Delhi Act, 1991 — which forms the basis of Delhi’s administration. The Act, like the ordinance, substitutes the words “act in his discretion” by “act in his sole discretion”.
According to the Bill, which The Indian Express has seen, any office-bearer or member of any authority, board, commission or any statutory body will now be appointed either by the President as well as by the Lieutenant Governor based on recommendations of the National Capital Civil Service Authority (NCCSA), set up by the ordinance.
As per the Bill, if office bearers or members were for a body related to “any law made by the Parliament”, they would be constituted or appointed or nominated by the President.
If they pertain to any law made by Delhi Legislative Assembly, “the Authority shall recommend a panel of suitable persons for constitution or appointment or nomination by the Lieutenant Governor”.
The three-member NCCSA, empowered to decide on transfer, posting and vigilance matters related to civil servants administering the city, is chaired by the chief minister and has two other members — the chief secretary and the principal home secretary.
Parliament
LS passes Cinematograph bill, piracy to now attract hefty fine (Page no. 8)
(GS Paper 2, Governance)
The Lok Sabha on Monday passed the Cinematograph (Amendment) Bill 2023, aimed at curbing film piracy, revamp age-based certification given by the Central Board of Film Certification (CBFC) as well as bring uniformity in the categorisation of films and content across platforms.
The new law would make piracy a criminal violation punishable by up to three years in prison, a fine of up to five per cent of the production cost of the film, or both.
The Bill was passed in the Lok Sabha with a voice vote despite protests by the Opposition MPs over the Manipur violence. Earlier, it was passed by the Rajya Sabha on July 27.
We will stop film piracy through this Bill. This has been a longstanding demand of the film industry, while replying to the debate in the Lok Sabha.
This is the first substantial amendment to the Cinematograph Act 1953 since 1984 when the minimum punishment for an offence relating to a video film was introduced.
The Bill also seeks to give CBFC the authority to grant films with a separate certificate for their display on television or other media; as only Unrestricted Public Exhibition (UA) category films can be shown on television, as per officials.
The Board may also refuse the exhibition of films, officials say, adding that the Bill allows for blocking of websites and URLs hosting pirated content under the Information Technology Act.
Express Network
Centre allows relief to sugar cooperatives over excess cane payments made to farmers (Page no. 10)
(GS Paper 3, Economy)
The Finance Ministry has notified the rules enabling cooperative sugar mills to claim past cane price payments made to farmers, in excess of the government’s statutory minimum price (SMP), as “business expenditure”.
The move is expected to provide mills a relief of almost Rs 10,000 crore, against pending tax demands and litigation in respect of payments made before 2015-16 financial year.
It comes at a politically significant moment, when a faction of the Nationalist Congress Party (NCP) led by Ajit Pawar has joined the BJP-led National Democratic Alliance.
The NCP has a strong base among cooperatives in Maharashtra, which the ruling NDA would also want to exploit for the 2024 General Election.
Cooperative factories, particularly in Maharashtra, usually pay farmers a final cane price that is more than the Centre’s SMP — now called fair and remunerative price or FRP.
This extra price paid has resulted in tax litigation, with mills claiming the excess payment as business expenditure. The Income Tax Department, on the other hand, has disallowed this and treats the excess price paid for sugarcane over and above the SMP as appropriation/distribution of profits, and thus not allowable as deduction.
The 2015-16 Union Budget had introduced an amendment to the Finance Act that provided for excess cane price payments made by cooperative sugar mills to be allowed as deduction for computing their business income.
However, such deduction was made applicable only prospectively from 2016-17 assessment year. It did not end demands and litigation regarding previous assessment years.
Since the Budget announcement, there was no action in the form of any circular, guidelines or SOP from the Central Board of Direct Taxes (CBDT). It created confusion at the field level.
World
Pak China ink six agreements to expedite cooperation under CPEC (Page no. 11)
(GS Paper 2, International Relation)
Pakistan and China signed six key documents to help undertake the second phase of the USD 60 billion China-Pakistan Economic Corridor (CPEC) projects under a new model, further cementing the all-weather strategic relations between the “iron brothers.”
Prime Minister Shehbaz Sharif and Chinese Vice Premier He Lifeng witnessed the signing ceremony held here to mark 10 years of the CPEC, a collection of infrastructure and other projects under construction throughout Pakistan since 2013.
The CPEC, which connects Gwadar Port in Pakistan’s Balochistan with China’s Xinjiang province, is opposed by India as it is being laid through Pakistan-occupied Kashmir.
In his remarks, Vice Premier He conveyed President Xi Jinping’s message of China’s firm support to Pakistan’s prosperity and development.
He, who is a member of the Politburo of the Central Committee of the ruling Communist Party, underlined that Pakistan-China friendship was unique and had withstood the vicissitude of time due to deep fraternal ties between the peoples of the two nations.
He reiterated that as an “iron brother and strategic partner,” China would continue its existing economic and financial support to Pakistan.
Both countries signed a document on the joint cooperation committee on CPEC; MoU on establishing an export exchange mechanism within the framework of CPEC; a protocol of phytosanitary requirements for the export of dry chillies from Pakistan to China and a Document on the final report on the feasibility study of realignment of KKH Phase -II. Both sides also signed through diplomatic channels an MoU on the industrial workers exchange programme.
Explained
ISRO rocket debris in Australia: rules governing space junk (Page no. 14)
(GS Paper 3, Science and Technology)
A large object found on the shores of western Australia a couple of weeks ago has been confirmed to be the debris of an Indian Space Research Organisation (ISRO) rocket.
ISRO has agreed with the assessment, saying the debris could be from one of its Polar Satellite Launch Vehicle (PSLV) rockets.
An ISRO official said the object was most likely an unburnt part of the PSLV rocket that launched a navigation satellite for the IRNSS constellation two months ago.
That satellite was launched in the southward direction. It is possible that one of the parts of the rocket did not burn completely while dropping back into the atmosphere, and fell into the ocean. It could later have been swept towards the Australian shore.
The Australian Space Agency said it had stored the debris and was working with ISRO, “who will provide further communication to determine the next steps, including considering obligations under the United Nations space treaties”.
The ISRO official said the agency was still to decide on the future course of action. He said it was premature to say whether an ISRO team would visit Australia to identify the space debris.
Who are the paharis and paddaris, proposed for ST status in J&K? (Page no. 14)
(GS Paper 2, Governance)
The government has brought a Bill to include four communities in the list of Scheduled Tribes (STs) in Jammu and Kashmir: “Gadda Brahmin”, “Koli”, “Paddari Tribe”, and “Pahari Ethnic Group”.
The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023 is one of the four Bills relating to the Union Territory that were introduced in Lok Sabha on July 26.
The dominant ST communities in J&K are the Gujjars and Bakerwals, who mainly live in the districts of Rajouri, Poonch, Reasi, Kishtwar, Anantnag, Bandipora, Ganderbal, and Kupwara.
Most of them, especially the Bakerwals, are nomadic — they migrate with their livestock to the higher reaches in the summer, and return before the onset of winter.
With a population of almost 18 lakh, the Gujjar-Bakerwal are the third largest group after Kashmiris and Dogras in J&K. They were given ST status in 1991, along with the two smaller groups of Gaddis and Sippis.
This entitled these four communities to 10% reservation in government jobs and admission to educational institutions; in 2019, they were empowered politically after the Centre announced a 10% quota for them in Lok Sabha and Assembly seats in J&K.
The proposed expansion of the ST list has triggered unrest among the Gujjar-Bakerwal, who apprehend a shrinking of their share of the quota benefits pie.
The Bill says the amendment “may entail additional expenditure on account of benefits to be provided to persons belonging to the said [four] communities”.
Economy
Consider raises windfall tax on crude oil from august 1 (Page no. 15)
(GS Paper 3, Economy)
The Union government increased the windfall gains tax on domestic crude oil to Rs 4,250 per tonne from Rs 1,600 per tonne, a finance ministry notification said. This new rate will be effective August 1.
The levy, which is in the form of a cess, was reimposed on July 15. It was earlier reduced to nil from May 16 due to a slump in global oil prices.
The Special Additional Excise Duty (SAED) on diesel will increase to Rs 1 per litre from nil. SAED on petrol and aviation turbine fuel will remain unchanged at nil.
Windfall gains tax was levied by the government to tax super-normal profits of oil producers and fuel exporters. The levies are revised once every fortnight based on the movement in margins on fuels in the international market and global crude oil prices.