Anti-rape Bill(Nirbhaya Act)

The Bill provides for not only stringent punishment for rapists and repeat offenders but also makes maiden provisions of strict punishment for offences like stalking, voyeurism, disrobing and acid attacks.

The Bill, which replaced the old anti-rape Ordinance, provides for even capital punishment for rapist if the act causes death for victim or leave her in a permanent vegetative state. Repeat offenders may also get death penalty under the new law.

Unlike the Ordinance, the Bill keeps rape as a gender-specific crime where only a male can be booked for committing such offence. It, keeps the age of consent at 18 in sync with Ordinance.

Salient Features of Banking Laws (Amendment) Bill 2012

The Banking Laws (Amendment) Bill 2011 was introduced in order to amend the Banking Regulation Act, 1949, the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970/1980. The said Bill has been passed by both the Houses of Parliament during its just concluded Winter Session.

This Bill would strengthen the regulatory powers of Reserve Bank of India (RBI) and to further develop the banking sector in India. It will also enable the nationalized banks to raise capital by issue of preference shares or rights issue or issue of bonus shares. It would also enable them to increase or decrease the authorized capital with approval from the Government and RBI without being limited by the ceiling of a maximum of Rs. 3000 crore.

Beside above, the Bill would pave the way for new bank licenses by RBI resulting in opening of new banks and branches. This would not only help in achieving the goal of financial inclusion by providing more banking facilities but would also provide extra employment opportunities to the people at large in the banking sector.

The salient features of the Bill are as follows:

• To enable banking companies to issue preference shares subject to regulatory guidelines by the RBI;

• To increase the cap on restrictions on voting rights;

• To create a Depositor Education and Awareness Fund by utilizing the inoperative deposit accounts;

• To provide prior approval of RBI for acquisition of 5% or more of shares or voting rights in a banking company by any person and empowering RBI to impose such conditions as it deems fit in this regard;

• To empower RBI to collect information and inspect associate enterprises of banking companies;

• To empower RBI to supersede the Board of Directors of banking company and appointment of administrator till alternate arrangements are made;

• To provide for primary cooperative societies to carry on the business of banking only after obtaining a license from RBI;

• To provide for special audit of cooperative banks at instance of RBI by extending applicability of Section 30 to them; and

• To enable the nationalized banks to raise capital through “bonus” and “rights” issue and also enable them to increase or decrease the authorized capital with approval from the Government and RBI without being limited by the ceiling of a maximum of Rs. 3000 crore under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970/1980.

Certain additional official amendments have been proposed on the basis of recommendations of the Standing Committee of Finance which gave its report on the Bill on the 13th December, 2011 and has recommended enactment of the Bill, subject to the following modifications:

i) Voting rights in banks may be restricted up to 26%.

ii) The Depositors’ Education and Awareness Fund may be used for the purpose of promoting depositors’ interests.

Further, pursuant to the discussion with Indian Banks’ Association (IBA), RBI and Industry Associations, the following additional amendments are proposed:

a) to exempt guarantee agreements of banks from the purview of the section 28 of the Indian Contract Act, 1872 to bring finality to redemption of such guarantees;

b) to allow select Directors on the Board of RBI a fixed maximum tenure of eight years with terms of not more than two terms of four years each either continuously or intermittently in consonance with the directions of the ACC;

c) to exempt conversion of branches of foreign banks to wholly owned subsidiary entities of foreign banks and transfer of shareholding of banks to the Holding Company structure pursuant to guidelines of RBI from payment of stamp duty; and

d) to ensure that unnecessary inspections are avoided and to encourage regulatory coordination, a condition has been added such that the inspection of the associate enterprise of a banking company would be conducted by RBI jointly with the sector regulator.

Amendments to Regional Rural Banks (RRBs) Act, 1976

The Union Cabinet today gave its approval to the proposed amendments in the Regional Rural Banks (RRBs) Act, 1976 to enhance authorized and issued capital to strengthen their capital base. The term of the non official directors appointed by the Central Government is proposed to be fixed not exceeding two years.

The proposed amendments will ensure financial stability of RRBs which will enable them to play a greater role in financial inclusion and meet the credit requirements of rural areas and the Boards of RRBs will be strengthened.

Background

Regional Rural Banks (RRBs) were established under Regional Rural Banks Act, 1976 (the RRB Act) to create an alternative channel to the `cooperative credit structure and to ensure sufficient institutional credit for the rural and agriculture sector. RRBs are jointly owned by the Government of India, the concerned State government and sponsor banks, with the issued capital shared in the proportion of 50 percent, 15 percent and 35 percent, respectively. As per provisions of the Regional Rural Banks Act, 1976 the authorized capital of each RRB is Rs. 5 crore and the issued capital is a maximum Rs. 1 crore.

Official Amendments to Lokpal and Lokayuktas Bill 2011

Salient features of amendments to lokpal and lokayuktas bill 2011 approved by the cabinet on January  31, 2013 are  as below:-

Ø            Collegium for Selection of Lokpal:  The Bill provides for selection of Members of Lokpal by a Selection Committee comprising the Prime Minister, Speaker (Lok Sabha), Leader of Opposition (Rajya Sabha), Cheif Justice of India or a Supreme Court judge nominated by CJI and an eminent jurist nominated by the President.  The Select Committee has recommended that the fifth member of the Selection Committee (i.e., eminent jurist) may be nominated by the President on the basis of recommendation of the first four members of the Selection Committee. Government has accepted this recommendation.

Ø            Jurisdiction over bodies receiving donations from public:  The Select Committee has recommended exclusion of bodies and institutions receiving donations from the public from the purview of Lokpal.  Government has decided to exempt only such bodies or authorities established, constituted or appointed by or under any Central or State or Provincial Act providing for administration of public religious or charitable trusts or endowments or societies for religious or charitable purposes registered under the societies Registration Act.  Other non governmental bodies receiving donation from the public would thus remain within the purview of  Lokpal.

Ø            Power to order investigation straight away:  Select Committee has recommended that the Lokpal should be given power to order an investigation straightaway (without first ordering a preliminary inquiry) in case Lokpal finds that a prima facie case exists.  Government has accepted this recommendation subject to the modification that the Lokpal should, before coming to a conclusion that there exists a prima facie case for entrusting the matter for investigation, call for the explanation of the public servant and then decide whether there exists a prima facie case for ordering investigation.

Ø            Opportunity of Hearing to public servant:  The Select Committee has recommended that the seeking of comments from the public servant during the preliminary inquiry by the investigating agency should not be mandatory  [clause 20 (2)].  Committee has also recommended that the opportunity of hearing by Lokpal before ordering investigation may be dispensed with [clause 20 (3)].  The affording of an opportunity to the public servant and to the government/competent authority at the preliminary inquiry stage and before ordering formal investigation would help clear doubts in several cases and would substantially reduce the number of cases going for regular investigation.  Therefore,  Government has decided not to accept this recommendation of the Select Committee and move an official amendement for the purpose.

Ø            Power to order prosecution of public servants:  The Select Committee has recommended that the power to grant sanction for prosecution of public servants could be shifted to the Lokpal in place of the Government.  The Select Committee has also recommended that Lokpal may be required to seek comments of the competent authority and the public servant before taking such decision.  Government has decided to accept this recommendation of the Select Committee.

Ø            Strengthening of CBI:  The Select Committee has recommended a number of amendments in the Bill for strengthening the CBI.  These include-

(i)           The setting up of a Directorate of prosecution headed by a Director of Prosecution under the overall control of Director, CBI;

(ii)         The appointment of the Director of Prosecution on the recommendation of the Central Vigilance Commission;

(iii)      Maintenance of a panel of advocates by CBI, other than the Government Advocates, with the consent of the Lokpal for handling Lokpal referred cases;

(iv)      Provision of adequate funds to CBI for investigating cases referred by Lokpal;

(v)         Transfer of officers of CBI investigating cases referred by Lokpal with the approval of Lokpal.

Government has decided to accept all these recommendations except the last one, i.e., seeking approval of  Lokpal for transfer of officers of CBI investigating cases referred by the Lokpal , which is proposed not to be accepted as it would affect the smooth functioning of the CBI.

Other salient features of the Bill

Ø     Powers of supervision over CBI : The Bill confers powers of superintendence on the Lokpal over the Delhi Special Police Establishment (CBI) in respect of matters referred by the Lokpal for inquiry/investigation.

Ø     Appointment of Director, CBI:  A high powered Committee chaired by the Prime Minister will recommend selection of the Director, CBI.

Ø     Attachment/confiscation of ill-gotten property:  The Bill contains provisions for attachment/confiscation of property acquired by corrupt means, even while prosecution is pending.

Ø     Enhancement of punishments under Prevention of Corruption Act:  The Bill proposes to enhance punishments under Prevention of Corruption Act:

(a)  Maximum punishment from 7 years to 10 years

(b) Minimum punishment from 6 months to 2 years.

Steps to Strengthen Panchayat Raj System

As ‘Panchayats’ is a State subject, the Panchayati Raj system is primarily the responsibility of the States. The Ministry of Panchayat Raj supports strengthening of Panchayats through its various schemes. It operates the Backward Regions Grants Fund (BRGF) in some identified backward districts of the country. Under the Scheme, untied funds are given for meeting critical gaps in local infrastructure and other development requirements. BRGF also aims to strengthen Panchayats through its capacity building component. Under the Scheme of Rashtriya Gram Swaraj Yojana (RGSY) financial assistance is provided to the non BRGF districts for capacity building and construction of Panchayat Ghars. The e-Panchayat scheme strengthens Panchayats by e-enabling. Panchayat Mahila Evam Yuva Shakti Abhiyan (PMEYSA) focuses especially on Elected Women Representatives. The Ministry also rewards States which devolve powers to the Panchayats to encourage State Governments to strengthen Panchayats.

Schemes for Welfare of Overseas Indians

The Ministry of Overseas Indian Affairs has initiated various schemes for welfare of Overseas Indians:

I. Indian Community Welfare Fund (ICWF)

The ‘Indian Community Welfare Fund’ (ICWF) provides contingency expenditure incurred by the Indian Missions for carrying out welfare activities for Overseas Indian Citizens who are in distress. The ICWF scheme has the following objectives:

(i)     Boarding and lodging for distressed Overseas Indian workers in Household / domestic sectors and unskilled labourers;

(ii)   Extending emergency medical care to the Overseas Indians in need;

(iii) Providing air passage to stranded Overseas Indians in need;

(iv) Providing initial legal assistance to the Overseas Indians in deserving cases;

(v)   Expenditure on incidentals and for airlifting the mortal remains to India or local cremation/burial of the deceased Overseas Indians in such cases where the sponsor is unable or unwilling to do so as per the contract and the family is unable to meet the cost;

(vi) Providing the payment of penalties in respect of Indian nationals for illegal stay in the host country where prima facie the worker is not at fault;

(vii)           Providing the payment of small fines/penalties for the release of Indian nationals in jail/detention centre;

(viii)         Providing support to local Overseas Indian Associations to establish Overseas Indian Community Centres in countries that have population of Overseas Indians exceeding 1,00,000; and

(ix) Providing support to start and run Overseas Indian Community-based student welfare centres in Countries that have more than 20,000 Indian student’s presence.

Up to June 2012, around 36 crores has been spent to benefit over 27,000 Overseas Indians in distress.

II. Mahatma Gandhi Pravasi Suraksha Yojana (MGPSY)

The Government has launched Mahatma Gandhi Pravasi Suraksha Yojana (MGPSY) on 01.05.2012 on a pilot basis. The objective of MGPSY is to encourage and enable overseas Indian workers having Emigration Check Required (ECR) passports going to ECR countries, to (a) save for their return and resettlement and (b) save for their pension. They are also provided Life Insurance cover against natural death, during the period of coverage, without any additional payment by them.

The Government also contributes, for a period of five years, or till the return of workers to India, whichever is earlier, as under:

·         Rs.1,000 per subscriber who saves between Rs.l,000 and Rs.12,000 per annum in their National Pension Scheme(NPS)-Lite account;

·         An additional contribution of Rs.1,000 per annum for overseas Indian women workers who save between Rs.1,000 and Rs.12,000 per annum in National Pension Scheme(NPS)-Lite account;

·         An annual contribution of Rs.900 per annum per subscriber who saves at least Rs.4000 per annum towards Return and Resettlement fund;

·         Rs.100/- for life insurance cover of Rs.30,000 per year against natural death and Rs.75,000 against death by accident through the Janshree Bima Yojana of Life Insurance Corporation of India (LIC).

There is an integrated enrolment process for the subscribers who will be issued a unique MGPSY account number upon enrolment. On their return to India, the subscriber can withdraw the Return and Resettlement savings as a lump sum. However, the subscriber would be able to continue savings for their old age in the NPS-Lite in line with the Swavalamban scheme. Alternatively subscriber can withdraw pension corpus as per the guidelines prescribed by the Pension Fund Regulatory Development Authority (PFRDA).

III. Pravasi Bhartiya Bima Yojana (PBBY)

The Pravasi Bharatiya Bima Yojana is a compulsory insurance scheme for overseas Indian workers having Emigration Check Required (ECR) passport going to ECR countries. The premium along with other benefits effective from April 1, 2008 are detailed below:

Item	PBBY 2008
Maximum sum for which insured under the PBBY	Rs.10 lakh
Hospitalization (Medical Expenses) covering injuries / sickness / ailment / diseases	Rs.75,000
Repatriation covers for medically unfit	Actual one-way economy class air fare
Family Hospitalisation in India	Rs.50,000
Maternity	Rs.25,000
Attendant	Actual one way economy class air fare
Legal expenses	Rs.30,000
Actual Premium to be charged (without any hidden costs)	Rs.275 for 2 years policy period Rs.375 for 3 years policy period (+ taxes)

IV. Overseas Citizen of India (OCI) Card Scheme

The Scheme was introduced in 2006 by amending the Citizenship Act. A registered OCI is granted multiple entry, multi-purpose, life long visa for visiting India and is exempted from registration with FRRO for any length of stay in India. OCI Fee- is $ 275 or equivalent in local currency. In case of PIO card holders, it is $ 25 or equivalent in local currency.

11,02,570 PIOs have been registered as OCIs as on 09.11.2012.

V. Know India Programme (KIP)

Know India Programme (KIP) of the Ministry of Overseas Indian Affairs (MOIA) is a three-week orientation programme for Diaspora youths (between the age of 18-26 years) of Indian origin conducted in partnership with one State Government with a view to introduce India to them and promote awareness on different facets of Indian life and the progress made by the country in various fields e.g. economic, industrial, education, science & technology, communication & information technology and culture.

This programme provides a unique forum for students and young professional of Indian origin to visit India, share their views and to bond closely with contemporary India. After end of KIP, Indian Diaspora Youths become Youth Ambassadors of art, culture, heritage and positive image of India.

Twenty one editions of such programmes have been organized having participations of 659 PIO youths from more than 36 countries.

VI. Study India Programme (SIP)

First ‘Study India Programme’ (SIP) was launched for the first time from 25.09.2012 to 23.10.2012 in Symbiosis University, Pune, Maharashtra with participation of 9 youths of Indian origin from four countries like Trinidad & Tobago, Malaysia, Fiji and South Africa. Like KIP, SIP has immense potential of connecting youth Indian Diaspora with India through the channel of educational institutions. SIP will be held twice a year for a period of 4 weeks involving maximum 40 diaspora youths in the age-group of 18-26 years.

It will enable overseas Indian youth to undergo short term course in an Indian University to familiarize them with the history, heritage, art, culture, socio-political, economic developments etc. of India.

The focus of the programme is on academic orientation and research. Cost of boarding, lodging, local transportation & course fee during the programme to be borne by GOI. 50% of the cost of air-ticket by economy class would be borne by GOI. Gratis Visas by Indian Mission are granted to the participants. SIP will be organized twice a year.

VII. Scholarship Programme For Diaspora Children (SPDC)

Scheme launched by MOIA in 2006-07 to make higher education in India accessible to the children of overseas Indians and promote India as a centre for higher studies.

Under the scheme, 100 scholarships up to US $4000/- per course per annum are offered to PIO and NRI students (50 each) for undergraduate courses in Engineering, Science, Law, Management, etc. The scheme is open to NRIs/PIOs from 40 countries with substantial Indian Diaspora population.

Under this scheme, over 468 PIO/NRI students have benefited since inception & 100 students have been selected in the current batch.

VIII. Overseas Indian Youth Club (OIYC)

MOIA has also launched a new scheme named ‘Overseas Indian Youth Club’ through our Missions abroad. Purpose is to keep the overseas Indian youth in touch with the developments in India & create a sense of belongingness towards their Country of origin.

In order to continue the momentum of affinity and networking of the Diaspora youth with their ancestral motherland, MOIA has supported opening of Overseas Indian Youth Club (OIYC) in CGI Durban, South Africa, HCI Kuala Lumpur, Malaysia, HCI Colombo, Sri Lanka, HCI Port of Spain, Trinidad & Tobago and HCI Port Louis, Mauritius. Similarly, opening of OIYC is making headway in CGI Melbourne, Australia and HCI Singapore.

IX. Tracing the Roots

Tracing the Roots Scheme has been launched by MOIA in October 2008. Persons of Indian Origin (PIOs) desirous of tracing their roots in India may fill up the prescribed application form enclosing relevant information/documents available with them and deposit it with the concerned Indian Mission located in that country along with a fee of Rs.30,000/-. In case the attempt is not successful, the Indian Mission is authorized to refund Rs 20,000/- to the applicant.

Based on the details furnished by the applicant, MOIA entrusts the job of tracing the roots to an agency empanelled with it who in turn may take the help of the concerned State Govt./District Admn. etc. to successfully complete the job.

The traced details of roots in India, i.e. name of close surviving relative(s); place of origin of their forefathers (paternal and maternal side); and a possible family tree, are made available to the applicant. 

X. Scheme for Legal/Financial Assistance to Indian Women Deserted / Divorced By Their NRI Husbands

The scheme is for providing legal/financial assistance to the Indian woman who have been deserted by their overseas Indian / foreigner husbands or are facing divorce proceedings in a foreign country.

This assistance will be limited to US$ 3000 per case for developed countries and US$ 2000 per case for developing countries and will be released to the empanelled legal counsel of the applicant or Indian Community Association / Women`s organization / NGO concerned to enable it to take steps to assist the woman in documentation and preparatory work for filing the case.

Assistance will be provided to meet the legal and other costs, by the Heads of Indian Missions/Posts overseas directly to the applicant`s legal counsel empanelled with the concerned Indian Mission/Post, or through the Indian Community Associations / Women`s organizations / NGOs acting on the woman`s behalf in an overseas legal institution.

Nagoya Protocol on Access and Benefit Sharing

Nagoya Protocol on Access and Benefit Sharing (ABS) is a new international treaty adopted under the auspices of the Convention on Biological Diversity (CBD) in Nagoya, Japan in October, 2010, after six years of intense negotiations. As a megadiverse country rich in biodiversity and associated traditional knowledge, and with a rapidly advancing biotechnology industry, India has contributed effectively in ABS negotiations. The objective of the Nagoya Protocol is the fair and equitable sharing of benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies. The Nagoya Protocol provides a transparent legal framework on how researchers and companies can obtain access to genetic resources, and how benefits arising from the use of such material or knowledge will be shared. India has signed the Nagoya Protocol on 11 May 2011 and ratified it on 09 October 2012. The number of signatories to the Protocol is 92, and so far nine countries have ratified the Protocol. These are Seychelles, Rwanda, Gabon, Jordan, Lao People’s Democratic Republic, Mexico, India, Fiji and Ethiopia.

There have been several instances of misappropriation of genetic resources and associated traditional knowledge from the country, despite having taken necessary action at the national level. Once the Nagoya Protocol enters into force, the user country measures enshrined in it would oblige all Parties to provide that users of genetic resources within their jurisdiction respect the domestic regulatory framework of Parties from where genetic resources have been accessed, thereby addressing the concerns of misappropriation.

Constitutional Status to CVC and CBI

There is no proposal with the Government to provide constitutional status to the Central Vigilance Commission (CVC) and the Central Bureau of Investigation (CBI). The CVC is a statutory body and derives its powers from the Central Vigilance Commission Act, 2003. The CBI derives its powers from the Delhi Special Police Establishment Act, 1946. Both organizations have adequate functional autonomy.

Reservation in Promotion

The Supreme Court in the matter of M. Nagaraj case, while upholding validity of the Constitution amendments regarding reservation in promotion to the Scheduled Castes and Scheduled Tribes, has laid down certain pre-requisite conditions for providing reservation in promotion to SCs and STs, namely the State has to see about inadequacy of representation, backwardness of the class and efficiency of administration. To overcome these pre-requisite conditions, the Government proposed to introduce a bill to amend the Constitution.
The Bill aims to amend Article 16(4A) so as to continue with existing provisions of reservation in promotion to the Scheduled Castes and Scheduled Tribes, without any impediment.

National Mission on Food Processing (NMFP)

The Major Programmes/Schemes to be covered under NMFP during 2012-13 are:

(i) Scheme for Technology Up-gradation/Establishment/ Modernisation of Food Processing Industries.

(ii) Scheme for Cold Chain, Value Addition and Preservation Infrastructure for Non Horticultural Products.

(iii) Scheme for Human Resource Development (HRD)

(a) Creation of Infrastructure Facilities for Running Degree/Diploma/ Certificate Courses in Food Processing Technology.

(b) Entrepreneurship Development Program (EDP)

(c) Food Processing Training Centre (FPTC)

(iv) Scheme for Promotional Activities

a.                   Organizing Seminar/Workshops

b.                  Conducting Studies/Surveys

c.                   Support to Exhibitions/Fairs

d.                  Advertisement & Publicity

            The State Governments are responsible for implementation of National Mission on Food Processing (NMFP). Under the mission State Governments receive the applications for various schemes of NMFP and thereafter sanction as well as release the grants-in-aid to the eligible beneficiaries. NMFP also provides flexibility to States / UTs in the selection of beneficiaries, location of projects etc. for the development of food processing sector. This initiative of the Ministry would give an impetus to food processing industries and also help in reducing the spoilage / wastage of fruits & vegetables.

            To assist the entrepreneurs and domestic agro-processing industries for adoption of new technology, Ministry of Food Processing Industries (MFPI) implemented the Scheme for Technology Upgradation / Establishment / Modernization of Food Processing Industries during 11^th Plan. During 12^th Plan (2012-13), the same has been subsumed under Centrally Sponsored Scheme – National Mission on Food Processing (NMFP).

            Under the above Scheme, Ministry extended financial assistance to food processing units including fruits & vegetables units in the form of grants-in-aid to the implementing agencies / entrepreneurs @25% of the cost of plant and machinery and technical civil works subject to a maximum of Rs. 50.00 lakhs in general areas, or @33.33% subject to maximum of Rs. 75.00 lakhs in difficult areas such as Jammu & Kashmir, Himachal Pradesh, Uttarakhand, Sikkim and North-Eastern States, A&N Islands, Lakshadweep and ITDP areas in the country. The same pattern of assistance is available under NMFP through States / UT Governments. 

Steps for Regulating the Working of Contract Farming

The Consolidated Foreign Direct Investment (FDI) Policy, 2012 provides FDI in agriculture and animal husbandry, with certain conditions, in (a) floriculture, horticulture, apiculture and cultivation of vegetables and mushrooms under controlled conditions, (b) development and production of Seeds and planting material, (e) animal husbandry (including breeding of dogs), Pisciculture, Aquaculture, under controlled conditions, and (d) services related to agro and allied sectors. Besides these, FDI is not allowed in any other agricultural sector/activity.

In order to regulate the working of contract farming, the Ministry of Agriculture has framed Model State Agricultural Produce Marketing (Development and Regulation) Act, 2003 and Model State Agricultural Produce Marketing (Development and Regulation) Rules, 2007 for adoption by States / Union Territories. The Model Act, inter-alia, provides provisions for the registration of contract farming sponsors, recoding of contract farming agreements with the Agricultural Produce Marketing Committee (APMC) or a prescribed authority under the Act and dispute settlement mechanism. It also provides for protection of title or rights of the farmers over the land under such contracts. These are intended to protect the interest of farmer. Since Agriculture Marketing is State subject, the State Governments are persuaded to adopt the provisions of Model Act in the interest of farmers.

Judicial Reforms: a global perspective

The universal rule that there is nothing constant in this world except change. The only difference could be the speed at which the wheels of transformation may spin. The idea of justice and the manner of its implementation are no exception to this universal rule.

Judicial reforms should, therefore, be at the centre stage in the fast transforming world in which we live. It is imperative for enhancing the quality of justice that is at the core of human existence and welfare of any society. It is simply the fundamental goal of all societies. This is the reason why the human civilization has been locked in a constant struggle to achieve higher standards of fairness and equity. The endeavour is timeless with societies borrowing new practices from each other achieving higher standards of justice and more commonality in laws and procedures in the process.

The ultimate goal of securing justice is the primary function of any judicial system. To accomplish it, the existence of the rule of law is a priority, with the highest standards of transparency, and the deliverance of speedy justice at affordable costs, being the two legs that give life and soul to the precept. These are the components that the judiciary should focus on to implement the “justice oriented approach”. Justice delivered with these goals can only live up to the highest standards of the ideal. It would, therefore, be necessary to effect organizational and procedural changes in the judiciary from time-to-time to address the exigencies of time. Yet the path to achieve it is varied and there is no consensus on the reforms that need to be embraced for it.

Different stakeholders may accord different priorities to the changes that need to be made. The market stakeholders may judge the effectiveness of judicial systems on the basis of speedy settlement of disputes. The common man on the other hand may judge the efficacy of the judicial system based on its ability to deliver to them equitable justice in what many call is an inequitable world.

In the ultimate analysis, however, the efficacy of the judicial system will depend on its capacity to deliver justice to all irrespective of their social or economic standing in the society. As India’s Prime Minister Jawaharlal Nehru stated: “the judiciary performs a social purpose, that is, to bring about justice, to deliver justice to the people.”

In India, the judiciary has risen to this call departing from its traditional role of only settling disputes. Consequently, the role and expectation from the judiciary have also changed to encompass justice in its wider term.

The assumption of this wider role has at times courted opposition for its deviation from the principles of the separation of powers. Yet, some of the positive contributions that such activism have spawned are unquestionable. But, I would need to add a cautionary note here---the fine balance existing in every democracy with each of the three organs of the state, the legislature, executive and judiciary, playing their designated roles should not be disrupted.

The three organs should not step into or play the role that the constitution has not assigned them. The fundamental principle is contained in the assertion of Charles Montesquieu that there can be “no liberty” when either legislative and executive powers are combined in the same entity or when the judicial powers are not separated from the legislative and executive.

In India, justice is time consuming and expensive. The large pendency of court cases is a cause for concern. The total pendency in the Subordinate Courts and High Courts in the end of 2011 calendar year was over 3.1 crore cases. The pendency in the end of 2012 calendar year in the Supreme Court was over 66 thousand cases. Delay further adds to the costs. Therefore, in many ways it tantamounts to denying justice and this is against the principle of equality that is the bedrock of democracy.

The Eighteenth Law Commission had made certain suggestions in this direction. Steps to utilize full working hours of the court, more application of technology such that cases with similar points are clubbed for a combined decision, specifying a time limit for oral arguments, time limit for arriving at decision, and curtailing vacancies in the higher judiciary are some of the measures that are worth considering. I have full faith in the genius of our Judiciary to find the way forward to effect reforms in the judicial system so as to sustain the faith of the common man in the justice delivery process.

We must engineer change to reduce the backlog of court cases and the experience of the legal luminaries from around the globe who are present here, may be able to share their experience on how they tackle such issues in their respective countries. Worldwide experience reveals that important lessons can be gleaned from experiments conducted in different countries.

Additionally, there is a constant review of procedure and modification by way of Practice Directions and Practice Notes simplifying rules and forms. In our country the Civil Procedure Code has all the ingredients necessary for an expeditious trial but the system requires a change in the mind set of the persons administering it. They should have a commitment to speed and expedition.

Internationally there is complete recognition that management of litigation is a service and not a favour. It is accepted that a litigant is entitled to the most appropriate and expeditious means of grievance redressal.

Today, we live in a world where the traditional notions of state boundaries are fast crumbling. Technological advancements have created an interconnected world that has helped virtually unlimited exchange and transmission of information, the conduct of commercial transactions and social networking. These developments have thrown up new challenges and opportunities for all the organs of the Government. Globalization which is the engine of transformation, demands newer approaches.

Challenges spawned by globalization are many. The difference between overseas and domestic interests is gradually fading, with foreign businesses gaining increasing access to local markets through liberalized trade opportunities, commerce and investment. Complex litigations arising out of cross border trade and business transactions are increasingly being brought before courts in different countries.

Given the complexities of international law, including legal entitlements and implications of multilateral and bilateral treaties and agreements, there is perhaps a growing need to equip our respective national judiciaries to deal with the emerging international legal paradigm more effectively. The legal frameworks across nation would have to change to facilitate smooth market transactions, rule of law, promote transparent and predictable outcomes and establish democratic governance structures through such transformation, security and human rights in societies.

In the light of the far-reaching changes gripping the world, there may be a need to broaden the jurisdiction of the International Court of Justice at the Hague beyond those involving trade, business and commerce. This is required in the context of disputes that arise on account of transnational commercial operations. The need to allow legal professionals to practice without hindrance in all countries needs to be deliberated by the international legal fraternity. The need also arises as small developing countries are inadequately equipped due to lack of expertise in the intricacies of world agreements and its dispute settlement mechanisms.

Judicial reform is a continuous process. Through constant consultation among stakeholders consensus can be reached to engender changes. I am hopeful that various aspects of judicial reforms would be discussed and argued vigorously, shall I say, as you legal luminaries virtually do for all your waking hours, though for this purpose, it may not be to win over the other.

Jeevan Raksha Padak

Jeevan Raksha Padak series of awards are given to a person for meritorious act of humane nature in saving the life of a person.  The award is given in three categories, namely, Sarvottam Jeevan Raksha Padak, Uttam Jeevan Raksha Padak, and Jeevan Raksha Padak.  Persons of either sex in all walks of life are eligible for these awards.  The award can also be conferred posthumously.

Krishi Karman Awards

Krishi Karman Awards are given to best performing States in two broad sets. One for the total foodgrain production and the other for the individual foodgrain crops of rice, wheat, pulses and coarse cereals. States for total foodgrains category are further divided into three categories based on total foodgrain production capacity of the State.

Krishi Karman Awards for 2011-12 go to Madhya Pradesh, Tamil Nadu, Manipur, Nagaland, Bihar, Haryana, Jharkhand and Uttar Pradesh. 

Green Haat

Green Haat is an initiative of Ministry of Environment & Forest (MoEF), Govt. of India to raise awareness on the rich forest and bio diverse heritage of the country among the growing urban population often living far off from the forests. The initiative is to showcase various value added forest based products developed by Rural Artisans, Community Self Help Groups, NGOs, and State Federations and thus provide support to biodiversity conservation and sustainable livelihoods.

Rashtriya Swasthya Bima Yojana

RSBY has been launched by Ministry of Labour and Employment, Government of India to provide health insurance coverage for Below Poverty Line (BPL) families. The objective of RSBY is to provide protection to BPL households from financial liabilities arising out of health shocks that involve hospitalization. Beneficiaries under RSBY are entitled to hospitalization coverage up to Rs. 30,000/- for most of the diseases that require hospitalization. Government has even fixed the package rates for the hospitals for a large number of interventions. Pre-existing conditions are covered from day one and there is no age limit. Coverage extends to five members of the family which includes the head of household, spouse and up to three dependents. Beneficiaries need to pay only Rs. 30/- as registration fee while Central and State Government pays the premium to the insurer selected by the State Government on the basis of a competitive bidding.