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 MOST IMPORTANT ARTICLES OF THE | DAY – 30/04/2022

CHINA TO EASE CURBS ON ENTRY OF INDIAN STUDENTS

Embassy In Beijing Compiling List Of Those Stranded In India
China will allow some Indian students to return to resume their
studies — after a two year pandemic-induced gap — on a “need-
assessed basis”, Indian officials said on Friday. An agreement to
allow their return was reached following the meeting of External
Affairs Minister S. Jaishankar and Chinese Foreign Minister
Wang Yi on March 25 in New Delhi, the Indian Embassy in
Beijing said in a statement. India accounts for among the highest
number of foreign students in China with more than 20,000
enrolled in universities there, mostly in medical colleges. They
returned home when COVID¬19 broke out in December 2019
and could not return due to entry curbs. ‘On need-assessed basis’
The Chinese side “has expressed its willingness to consider
facilitating the return of Indian students to China on a need-
assessed basis,” the Embassy said, adding that to facilitate the
process, it was compiling a list of students who wish to return.
Students have been asked to provide information about their cases
by filling up a form made available on the website of the Indian Embassy in Beijing. Confirming the agreement, Chinese Foreign
Ministry spokesperson Zhao Lijian said China had “shared with the Indian side the procedures and experience of other countries’
students returning to China.” Sri Lanka last week said it had reached an agreement with China for some students to return.
Previously, both South Korea and Pakistan have also indicated they had been given the green light for their students to return.
“The work for Indian students’ return has already been started,” Mr. Zhao said.

PASSENGER TRAINS CANCELLED TO GIVE WAY TO COAL RAKES

42 Trains Cancelled; Many People Hit During Holiday Season
Amid the possibility of a power crisis due to shortage of coal, the Indian Railways has
cancelled around 42 passenger trains so far to ensure faster delivery to and from coal
producing regions of Chhattisgarh, Odisha, Madhya Pradesh and Jharkhand. Even though the
Railways has said that this is an ‘interim measure’ and cancellations have mostly taken place
in non-priority sectors and less busy routes, many passengers have been left in the lurch ahead
of the upcoming summer holiday season. Among the trains that have been cancelled to
facilitate movement of freight trains carrying coal, 34 are from the coal-rich South East
Central Railway (SECR) and eight from Northern Railways where many of the power plants
are based. As per official data, following the cancellations, the Railways has raised the
average daily loading of coal rakes to over 400 per day, which is the highest in the past five
years. Railway officials said the national transporter has put 533 rakes for coal duty daily
with as many as 427 rakes loaded on Thursday carrying a total of 1.62 million tonne. The
officials added that about 753 trips, involving 363 mail/express trains and 390 passenger
trains in the SCER and NR railway zones, have been cancelled. The cancellations of such a
large number of trains has resulted in protests. The Chhattisgarh State Congress has been
threatening, among other things, of blocking the movement of coal from the local mines,
which may add to the woes of the stressed power sector.

ASSAM COURT GRANTS BAIL TO JIGNESH MEVANI

FIR Against MLA Falsely Registered, It Observes
A court in western Assam’s Barpeta on Friday granted bail to Independent Gujarat MLA and Dalit rights activist Jignesh Mevani,
arrested twice in as many cases since April 20, after observing that the first information report against him was falsely registered.
The Barpeta District and Sessions Court gave Mr. Mevani bail on a personal recognisance bond of ₹1,000 in the second case, of
allegedly assaulting and pawing a woman police officer on April 21, after he was brought to Assam from Gujarat’s Palanpur. The
first case is related to an allegedly offensive tweet on Prime Minister Narendra Modi that he had posted on April 18. “He is likely
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to be released tonight or tomorrow (Saturday) morning as the formalities in the first case are to yet be completed after he was
granted bail by the Chief Judicial Magistrate in Kokrajhar,” the MLA’s legal counsel and senior advocate, Angshuman Bora, told
The Hindu. Mr. Bora said the entire process of Mr. Mevani’s arrest was illegal and the court accepted it. The MLA thus merits
release as a free citizen of India, he added.

‘MOTHER NATURE’ A ‘LIVING BEING’ WITH LEGAL ENTITY: MADRAS HC

It Will Have Rights, Duties And Liabilities Like A Living Person, Says Madurai Bench
Holding that it is the right time to confer juristic status to ‘Mother Nature’,
Justice S. Srimathy of the Madurai Bench of Madras High Court invoked the
‘parens patriae jurisdiction’, and declared ‘Mother Nature’ as a ‘living being’
having the status of a legal entity. Justice S. Srimathy observed that the court is
hereby declaring ‘Mother Nature’ a ‘living being’ having the status of a legal
person with all corresponding rights, duties and liabilities of a living person, in
order to preserve and conserve it. The court observed that ‘Mother Nature’ was
accorded the rights akin to fundamental rights, legal rights, constitutional rights
for its survival, safety, sustenance and resurgence in order to maintain its status
and also to promote its health and well-being. The State and Central governments are directed to protect ‘Mother Nature’ and take
appropriate steps in this regard in all possible ways. The court was hearing petitions filed by A. Periyakaruppan of Theni, who
served in the Revenue Department. He had challenged an order passed by the Revenue Department, due to which the petitioner
was not allowed to retire from service but put under suspension. The petitioner was then placed under compulsory retirement for
issuing a patta (deed) for land that was classified as ‘Forest Land’ in Megamalai. He said that he was only carrying out the orders
of his superiors. The judge said, indiscriminate destruction or change is leading to several complications in the ecosystem and is
ultimately endangering the very existence of flora and fauna, forests, water bodies, mountains, glaciers, air and of course humans.
Strangely, the destruction is carried out by a few humans. Any such act ought to be checked at all levels. The natural environment
is part of basic human rights, of ‘right to life’ itself, she added. The judge modified the punishment of compulsory retirement to
stoppage of increment for six months without cumulative effect. The consequential monetary benefits shall be conferred on the
petitioner. This punishment is imposed for the act done against the ‘Mother Nature,’ the judge observed.

FUELLING FRICTION
Shifting The Onus Of Providing Relief From High Fuel Prices Onto States Can Strain
Federalism

A
t a meeting with Chief Ministers about the resurgence of COVID-19 on Wednesday, Prime Minister Narendra Modi
charged Opposition-ruled States with committing an injustice to the people by not cutting duties on petroleum products
as the Centre had done in November 2021. Those cuts of ₹5 and ₹10 per litre of petrol and diesel, respectively, came as
fuel prices crossed well past ₹100 a litre — those levels have been breached again after a poll-driven lull. The PM noted that the
Centre’s plea at the time, for States to back these cuts by paring their VAT levies on petroleum products, was not heeded by States
not governed by the BJP. But even NDA-administered States are now facing extremely high inflation — retail inflation in April
was 8.19% for Uttar Pradesh and Assam, and 7.4% to 7.6% in Bihar, Jammu & Kashmir and Haryana — far higher than the
national retail inflation rate of 6.95% for the month. The PM’s remarks, buttressed by the slogan of cooperative federalism,
attracted an instant backlash from West Bengal, Tamil Nadu, Maharashtra, Kerala, Telangana, Jharkhand and Andhra Pradesh.
While all States are fretful about resource constraints and pending dues from the Centre, some had reduced VAT on fuel products
and others have not hiked rates for years. Despite its recent assertions that no taxes were levied to counter the pandemic, the
Centre had hiked fuel taxes even amid the 2020 COVID¬19 lockdown with a preference for cess levies that do not have to be
shared with States. While the political brouhaha over the PM’s pitch unfolds, the signal for the common man is clear — abandon
any hope of immediate relief. This is akin to striking a cruel blow against the middle and lower-income classes, already besieged
by successive setbacks on the job, health and income fronts. Household budgets are severely squeezed because of price rise. Even
industry has mooted fuel tax cuts to sustain a fragile consumption recovery. With record tax collections last year and revenue
buoyancy expected to hold up this year, the Centre has fiscal room to slash its fuel taxes, and there will be an automatic cascading
effect on State taxes levied on an ad valorem basis. Expecting States, which are worried about their limited revenue sources once
the assured GST compensation stops flowing from this July, to take the lead in reining in petroleum taxes, is unwieldy, short-
sighted and unnecessarily confrontational. Even more so as the States are also expected to ramp up capex spending to revive the
economy. As the PM said, the Centre and States need to coordinate better to spur the economy amid global tumult. Singling out
a few States to deflect attention from the Centre’s excessive reliance on fuel taxes is not the right approach to attain such harmony.
Most of all, as high inflation will debilitate the recovery’s momentum, shirking corrective action to bolster its revenue kitty would
be a case of being penny wise and pound foolish.
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 SAFETY FIRST
The Fire Tragedy In T.N. Could Have Been Averted By Adherence To Safety Norms

T he tragedy on Wednesday at Kalimedu in Thanjavur district of Tamil Nadu, which claimed the lives of 11 persons and left
17 injured after a small chariot touched a live wire of the high-tension category and caught fire, could have been averted
by just following laid down procedures. The idol-laden chariot was being taken out in a procession as part of an annual
festival to perpetuate the memory of Saivaite saint Thirunavukkarasar. Almost 10 days earlier, two persons had died in a stampede
at the annual Chithirai festival of the Madurai Meenakshi temple, which attracts lakhs of devotees. Ten years ago, an event that
almost mirrored Kalimedu happened in Gudiyatham, Vellore district, killing five persons. What is disturbing is the regularity with
which these events occur during religious or temple festivals. The fact that the State has such a dubious record should compel the
authorities to adhere to the rule book as the protection of human life is a must. Even as the findings of a one-member official
panel and the police investigation are eagerly awaited, there are a number of questions that the authorities need to probe. These
include whether the organisers, who have been holding the festival for over 90 years, had permission from the local officials; why
there had to be a procession during the early hours; whether such an event could take place without the knowledge or the approval
of the local authorities, and why power supply from the overhead HT line was not switched off•, whereas this was not the case
with regard to low¬tension lines in the area. What is obvious is the lack of coordination among the electricity, highways, local
administration and revenue departments, which ought to have been there for an event such as this. The height of the road was
raised since the time of the last procession, but evidently the organisers did not account for this. The scope for such events
occurring can be reduced drastically, if not eliminated, if the authorities strictly enforced existing guidelines. Though the
institution which had organised the festival is said to be outside the purview of the Hindu Religious and Charitable Endowments
Department, the authorities can still be proactive, at least in sensitising organisers of such events about safety guidelines and
insisting that devotees who accompany a temple car or chariot are aware of the risks. The Government should make public the
reports submitted by agencies that inquire into such events and issue regular updates in the follow up action. It is incumbent upon
devotees to ensure that safety norms are implemented in letter and spirit. It is only through collective efforts that tragedies such
as the one in Kalimedu can be averted.

‘CONSIDER OUR PLEA FOR SENDING AID TO SRI LANKA’

T.N. Assembly Passes Resolution
The Tamil Nadu Assembly on Friday unanimously adopted a resolution urging the Centre to positively consider its request
immediately to send food and other essentials to Sri Lankan people facing severe hardships because of the economic crisis.
Though the State wrote to the Centre for permission, “no clear reply has so far been received”, said the resolution, which was
supported by all parties, including the BJP, and moved by Chief Minister M.K. Stalin. The State has decided to send 40,000 tonnes
of rice valued at ₹80 crore, 137 medicines valued at ₹28 crore and 500 tonnes of milk powder for children, valued at ₹15 crore.
“They could not be sent directly but only through the Indian High Commission,” he said, recalling his meetings with the Prime
Minister and communication to the External Affairs Minister. Elaborating on the hardships being faced by Sri Lankans, Mr. Stalin
said, “We cannot view this as a problem in a neighbouring country. We cannot see who is in power there and what kind of people
they are. We have to extend our help to the extent possible.” Though he initially wanted to help only the Tamils, they urged him
against helping the community (and excluding the Sinhalese), he said. Quoting The Thirukkural (couplet 788), ‘As hand of him
whose vesture slips away, friendship at once the coming grief will stay’, Mr. Stalin said help on humanitarian grounds was to be
extended when it was needed. “The people of Tamil Nadu are expecting the same.”

DISCUSSED CURBS ON NGOS, J&K ISSUE: EU OFFICIAL

Govt. Statement Makes No Reference To The Topics
Europe’s top human rights official says he raised a number of
concerns during official meetings in New Delhi with the
National Human Rights Commission (NHRC) and Minority
Affairs Minister Mukhtar Abbas Naqvi, including funding
restrictions on NGOs, the recent communal violence, the
situation in Jammu & Kashmir, and the condition of religious
minorities. However, the official statement by the NHRC and
the Minority Affairs Ministry did not refer to the contentious
issues being raised. The concerns were reportedly raised when
European Union Special Representative of Human Rights
Eamon Gilmore, who was a guest speaker at the MEA’s
Raisina Dialogue this week, met with the Indian officials along
with his delegation. In separate tweets on Friday, Mr. Gilmore
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said he had “also” discussed “the NHRC’s role in relation to FCRA, detentions, bail, sedition and anti-terrorism laws, UAPA,
minorities and individual cases”. Mr. Gilmore linked the list to the NHRC version, which instead only said that Chairperson
Justice Arun Mishra “[had asked] the delegation to work together to ameliorate the cause of human rights across the globe”. Ugo
Astuto, Ambassador of the European Union to India, was also present at the meeting with Mr. Naqvi. “Besides a brief insight into
the functioning of the NHRC, various aspects of human rights were also discussed including the issue of patent & affordability
of lifesaving drugs and problems of terrorism,” the statement said. According to sources, Mr. Naqvi reportedly told the delegation
that “not a single major communal riot has taken place in India since 2014”. Mr. Naqvi also dismissed Mr. Gilmore’s contentions
as “isolated incidents” which have been given “communal colour”. Mr. Gilmore’s description of the meeting with Mr. Naqvi was
also at odds with the official government version put out. While the Minority Affairs Minister had tweeted that he “apprised the
delegation of the effective results of welfare programmes being carried out by the Narendra Modi goverment for socioeconomic-
educational empowerment of all sections of society including the Minorities”, Mr. Gilmore’s response referencing the earlier
statement said that he had discussed, “FCRA, use of sedition and anti-terrorism laws, detentions, the situation of minorities,
communal violence, situation in Jammu Kashmir, and individual cases,” with Mr. Naqvi. The MEA, the NHRC and the Minority
Affairs Ministry did not respond to requests for a comment on the issues discussed during the meetings in Delhi, or on the reason
for the discrepancy between the two. Sources told The Hindu that Mr. Gilmore’s comments had been “strongly countered”. While
the EU delegation did not respond to a specific question about the “individual” cases mentioned, sources said Mr. Gilmore
discussed the death of Jesuit priest Stan Swamy in custody in July 2021 during the meeting. Earlier, Mr. Gilmore had called Mr.
Swamy as “a defender of indigenous peoples’ rights”. An NHRC official said Mr. Swamy’s case was an individual one and the
commission had told the Maharashtra government to ensure “every possible medical treatment” was provided to him.

6 OF 7 DEFENCE FIRMS CARVED OUT OF OFB SHOW PROVISIONAL

PROFITS
Govt. Says Turnover Of More Than ₹8,400 Crore Achieved
Six of the seven new defence companies created by the corporatisation of the Ordnance Factory Board (OFB) last October have
reported provisional profits during the initial six months of their business from October 1, 2021 to March 31, 2022, the Defence
Ministry said on Friday. “Within the first six months, the new companies have achieved the turnover of more than ₹8,400 crore,
which is significant considering the Value of Issue of erstwhile OFB during the previous financial years.” Except Yantra India
Ltd. (YIL), all other companies — Munitions India Ltd. (MIL); Armoured Vehicles Nigam Ltd. (AVANI); Advanced Weapons
and Equipment India Ltd. (AWE India); Troop Comforts Ltd. (TCL); India Optel Ltd. (IOL) and Gliders India Ltd. (GIL) — have
reported provisional profits, the statement said. The Ministry stated that within a short time since their inception, these companies
have been able to secure domestic contracts and export orders valuing more than ₹3,000 crore and ₹600 crore, respectively. The
MIL has bagged one of the biggest-ever export order of ammunition of ₹500 crore. These companies are also taking measures for
developing new products through in-house as well as collaborative efforts. The YIL has bagged orders of about ₹251 crore from
the Indian Railways for axles. After the dissolution of the OFB, all outstanding indents were grandfathered and converted into
deemed contracts valuing about ₹70,776 crore. Against the targets for FY 2021¬22, ₹7,765 crore was credited to the new defence
companies as 60% mobilisation advance before the commencement of business date. An amount of ₹2,765.95 crore has been
released to these new companies for capital expenditure and equity, the Ministry said.

CHIEF JUSTICES OF HCS URGED TO SEND NAMES TO FILL VACANCIES

126 Judicial Appointments Made Last Year, Says CJI Ramana
Chief Justice of India N.V. Ramana urged the Chief Justices of High Courts to extend their
“wholehearted cooperation” and speed up the process of recommending names to fill up judicial
vacancies in their High Courts. “I request the Chief Justices of High Courts, which are still having
number of vacancies, to forward the names for elevation at the earliest,” he said at the 39th Chief
Justices’ Conference held at the Supreme Court on Friday. The CJI said that last year saw High
Courts’ Collegiums act quickly to recommend names, following which 126 judicial vacancies in
High Courts could be filled up within just a year. Mr. Ramana said 50 more High Court
appointments were expected soon. “You may recall that one of my first communications to you
was about the filling up of vacancies. I have also requested all of you, in our very first online
interaction, to expedite the process of recommending names for elevation to High Courts, with
an emphasis on social diversity... Due to our collective efforts, we could fill 126 vacancies in
various High Courts, in less than an year. We are expecting 50 more appointments. This remarkable feat could be achieved
because of your wholehearted co-operation and commitment to the institution,” he said. The conference, held after a six-year
gap, draws the foundation for the joint conference between the Chief Justices and Chief Ministers to be held on Saturday. It will
be inaugurated by the Prime Minister.
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 CENTRE PUSHES FOR CORBEVAX RECOGNITION IN OTHER COUNTRIES
Its Manufacturer Biological E Pursues WHO’s Emergency Use Listing For The Jab
The government plans to expedite the process of recognition of COVID-
19 vaccine Corbevax by other countries while its manufacturer
Biological E pursues WHO’s emergency use listing for the jab being
administered in India among the 12-14 years age group. According to an
internal document circulated to the members of the Empowered
Group¬5 on COVID-19 Vaccination, which will be meeting soon, some
authorities abroad such as in Hong Kong have begun demanding
vaccination certificates for children and only accept m-RNA based
vaccines for them. “It is necessary to quickly initiate the process of
recognition of the Corbevax vaccine and its certificate by other countries
while Biological E continues to pursue WHO’s EUL (emergency use
listing) for it,” the document mentioned. It highlighted that the recent
development pertaining to the World Health Organizations’ (WHO)
suspension of Covaxin supply through the United Nations procurement agencies further complicates the matter and is detrimental
to the acceptance of Covaxin based vaccination certificates for children by other countries. The issues to be discussed by the
Empowered Group¬5 pertains to m-RNA based booster dose requirements by countries, suspension of supply of Covaxin by the
WHO, acceptance of Corbevax and Covaxin based vaccination certificates for children and international travel by Indians
vaccinated with Sputnik-V. Informed sources said the internal document circulated to members of the Empowered Group¬5
comprehensively looks at all issues related to vaccines.

LT. GEN. B.S. RAJU IS NEW VICE CHIEF OF ARMY STAFF

3-Star Officer Being Vice Chief Is Rare
The Army’s Director General of Military Operations, Lt. Gen. B.S. Raju, has been appointed the
next Vice Chief of the Army Staff. He will take over on May 1, 2022, the Army said. The current
Vice Chief, Lt. Gen. Manoj Pande is set to take over as the next Army Chief on April 30 from
incumbent Gen. Manoj Naravane. This is a rare instance where a three star officer will be first
taking over as Vice Chief before serving tenure as an Army Commander. As a practice in the
Army, Vice Chiefs have for a long time been those who had already served as Army Commander.
However, Lt. Gen. Raju will be taking first as Vice Chief and is expected to proceed as Army
Commander later this year, an official stated. There have been very few such instances in the past,
another official said. One such was former Army Chief Gen. S. F. Rodrigues, who was Vice Chief
of the Army Staff from November 1987 to April 1989. He served as Chief of the Army Staff from
1990 to 1993, and retired on June 30, 1993. Lt. Gen. Raju did his National Defence College (NDC)
at Royal College of Defence Studies, United Kingdom.

‘HEATWAVES LINKED TO MAN­MADE CLIMATE CHANGE’

Scientists Say Carbon Emissions Must Be Curbed
India is gripped in the throes of a long spell of heatwaves and there is compelling evidence that a
significant portion of it is due to human-induced climate change, said scientists who were part of an
online webinar on climate change organised as part of the TNQ-Janelia Climate Change Summit on
Friday. Three eminent scientists with expertise in how atmospheric, land and ocean systems were
influenced by greenhouse gas emissions, drew upon their decades of research to explain how the
accumulation of greenhouse gases in the atmosphere exacerbated temperatures in the oceans and the
land and caused increased glacier melt, heightened sea level rise and led to changes in the biosphere.
Fiamma Straneo of the Scripps Institute of Oceanography at the University of California, San Diego
drew upon her research in Greenland to demonstrate evidence of warming waters around glaciers
and how it was heating even ice sheets, thereby accelerating warming. Though global sea-levels
were rising only three millimetre a year, it would be a mistake, said Dr. Straneo, to dismiss it as a
minor rise because even those increases were responsible for driving greater numbers of extreme climate events such as floods.
Her colleague at Scripps, Veerbhadran Ramanathan, referenced a simulation study jointly undertaken at the Princeton University,
Columbia University and National Aeronautics and Space Administration (NASA) that said if carbon emissions were unchecked,
half the planet would be in severe drought by the century end. There was already a three-fold rise in extreme precipitation events
in India, a decrease in rainfall in North India and increase in precipitation in south India, he said citing research out of India.
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Along with carbon dioxide emissions, pollution from biomass burning combined with this and caused 1.5 million deaths annually
in India. “India could cut its pollution by half just by providing clean cooking fuel to rural household in the Indo-Gangetic plains.
Societal transformation, mitigating carbon dioxide emissions and adaption were all necessary to buffer against climate change,”
he added.

AT LEAST 10 KILLED IN POWERFUL EXPLOSION AT KABUL MOSQUE

Hundreds Of Worshippers Were There For Ramzan Prayers
A powerful explosion ripped through a mosque in the Afghan capital of Kabul on Friday, killing at least 10 people and wounding
20, a Taliban spokesman said. Hundreds of worshippers had gathered for prayers on the last Friday of the Muslim holy month of
Ramzan and the Khalifa Aga Gul Jan Mosque was packed, said local residents, fearing the casualty toll could rise further. The
Interior Ministry spokesman, Mohammad NafiTakor, could not provide more details and Taliban security men cordoned off the
area. The source of the explosion was not immediately known and no one has claimed responsibility for the blast. The explosion
was so loud that the neighborhood of the mosque shook from the blast, the residents said, speaking on condition of anonymity,
fearing for their own safety. Ambulances raced to the site, driving up to the end of a narrow street in an eastern neighborhood of
Kabul to reach the mosque, which belongs to Afghanistan’s majority Sunni Muslims. Shias targeted The explosion was the latest
in a series of such blasts amid relentless attacks across the country. Similar attacks on mosques have recently targeted the country’s
minority Shia Muslims and were claimed by the Islamic State group’s regional affiliate, known as Islamic State in Khorasan
Province or IS¬K. IS has stepped up its attacks across Afghanistan to become the primary enemy of the Taliban since their
takeover of the country last August. Kabul’s Italian-run EMERGENCY hospital, which treats only the war-wounded, tweeted
that its staff reported the facility has admitted at least “20 wounded people”. At least nine people were killed and 13 wounded in
bombings on Thursday in Mazar-e-Sharif. IS claimed responsibility for the attacks and, in a statement, said 30 Shias were killed
or wounded in two attacks. Last week, 33 Shia worshippers were killed in Mazar-e-Sharif, when a bomb struck their mosque and
an adjacent religious school. IS has claimed responsibility for that attack. While criticism of the Taliban’s hardline edicts have
drawn widespread criticism, most international observers have noted increased security throughout the country since their sweep
to power last August.

EXPLAINED: IN UP LOUDSPEAKER RAP 2017 HC ORDER 2018 DIRECTIVES

Senior Uttar Pradesh officials said this
week that thousands of “illegal” and
“unauthorised” loudspeakers had been
taken down across the state, or their
loudness had been capped, under “an
existing government order of 2018, and
set rules for sound decibel limits and
court directions”. Districts had been told
to implement these rules and directions
firmly, and to report on compliance by
April 30, the officials said. Notices
served on alleged violators by local
police stations have quoted directions
issued by the Lucknow Bench of
Allahabad High Court on December 20,
2017, and cited “The Noise Pollution
Rules, 2000”. The notices also advise
recipients on how to estimate decibel
levels without using technology — for
example, 50dB is like the “sound inside
the library”; “conversation among two to three people” is 60dB; and the sounds of lightning, underground Metro train, and a busy
traffic crossing with no vehicle horns are 120dB, 100dB, and 70dB respectively. Orders of 2022, 2018 On April 23 this year, the
UP government directed all divisional commissioners and police commissioners, district magistrates and superintendents of police
to “strictly” ensure that the order passed by the Lucknow Bench of the High Court in Moti Lal Yadav vs State of Uttar Pradesh
on December 20, 2017 with regard to The Noise Pollution Rules, 2000, are implemented. The April 23 order said that two earlier
orders passed by the government in 2018 were not being followed, and the situation needed to be rectified. Those earlier orders
had been passed on January 4, 2018 and March 10, 2018 to ensure implementation of The Noise Pollution (Regulation and
Control) Rules, 2000, but it had come to knowledge that many “religious institutions are violating the standard decibel norms and
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are using loudspeakers in large numbers”, last week’s order said. The order said that the 2000 Rules define “Ambient Air Quality
Standards in Respect of Noise”, i.e., Industrial, Commercial, Residential, and Silence Zones, and asked officials to demarcate
these areas and to ensure that the correct norms were followed. The order asked officials to remove “illegal loudspeakers” after
dialogue and coordination with religious leaders, and to ensure that decibel levels are kept within laid down limits. Each police
station has been asked to prepare a list of religious institutions using loudspeakers under their jurisdiction, and to report the action
taken by April 30. 2017 High Court order While several orders have been passed by courts on noise pollution, the government
has referred to the 2017 order passed by a two-judge Bench of Justices Vikram Nath and Abdul Moin in the case of Moti Lal
Yadav. The petitioner had prayed in a PIL for “a writ, order or direction” to remove “all the loudspeakers/public address systems
from the temples, mosques, church, gurudwaras for preventing noise pollution among human beings”, and to “ensure the
implementation and enforcement of Rule ‘The Noise pollution (Regulation and Control’, 2000,” in Uttar Pradesh. The court
observed that “repeated filing of public interest litigations by the citizens indicates that the 2000 Rules are being flouted with
impunity and the authorities who are put in charge of ensuring that the 2000 Rules are not violated either have no will to enforce
the same or as there is no accountability fixed on the authorities”. “Both the things are serious enough for this Court to intervene
in the matter,” it said. The court directed the principal secretary, Home, and chairman of the UP Pollution Board to file separate
affidavits on the steps taken to ensure enforceability of the 2000 Rules, and whether loudspeakers were installed at places of
worship after obtaining the requisite permissions — and if not, what action had been taken to remove them. Also, the court said,
“if the said loudspeakers or public address systems were allowed to come up over the temples, mosques, gurudwaras and other
public places without any written permission from the authority, then what action has been taken against such officials who were
required to ensure that no such loudspeakers or public address system shall be used except after obtaining written permission from
the authority”. The court sought details of “how many loudspeakers and public address systems have been dismantled and
removed from temples, mosques, gurudwaras and other buildings which are being used without written permission; what action
has been initiated against the processions which are taken out day and night with loud music including marriage processions, and
whether a suitable enforcement machinery by means of an identified website has been set up or is in the process of being set up.”

EXPLAINED: RULES FOR THE IAS

IAS Officer Shah Faesal, Who Resigned In 2019 , Has Been Reinstated By The Central
Government .What Is The Process By Which An IAS Officer Can Resign, Or Be Put Back In
Service ? What Rules Govern These Actions?
Indian Administrative Service (IAS) officer
Shah Faesal, who resigned from the service in
protest against the “unabated” killings in
Kashmir in 2019, has been reinstated. The
return to service of Faesal, the first Kashmiri
to top the Civil Services Examination (2010
batch), had been indicated back in August
2020, when he stepped down as president of
the Jammu and Kashmir People’s Movement
(JKPM), the party that he had founded after
leaving the IAS, and announced that he was
quitting politics altogether.
Faesal’s resignation, in January 2019, had not
been accepted by the government pending
investigation into some of his posts on social
media. In 2020, a senior government official
had told The Indian Express that the fact his
resignation was never accepted meant that
“the door is still open” for him to come back
to the IAS. Following the constitutional
changes of August 2019 in Jammu and Kashmir, Faesal was stopped from flying to Istanbul, and was detained under Section 107
CrPC. He was ultimately released in June 2020. No cases are pending against him at the moment. A resignation is a formal
intimation in writing by an officer of his/her intention or a proposal to leave the IAS, either immediately or at a specified date in
the future. Guidelines of the Department of Personnel, the cadre controlling department for the IAS, say that a resignation has to
be clear and unconditional. The resignation of an officer of any of the three All-India Services — IAS, the Indian Police Service
(IPS) and Indian Forest Service — is governed by Rules 5(1) and 5(1)(A) of the All India Services (Death-cum-Retirement
Benefits) Rules, 1958. There are similar rules for resignation of officers belonging to the other central services as well. Resignation

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from service is entirely different from accepting the government’s Voluntary Retirement Scheme (VRS). Those who take VRS
are entitled to pension, whereas those who resign are not. Rule 5 of the DCRB Rules say, “No retirement benefits may be granted
to a person who has been dismissed or removed from the Service or who has resigned from the Service.” An officer serving in a
cadre (state) must submit his/her resignation to the chief secretary of the state. An officer who is on central deputation is required
to submit his/her resignation to the secretary of the concerned Ministry or Department. The Ministry/Department then forwards
the officer’s resignation to the concerned state cadre, along with its comments or recommendations. The state checks to see if any
dues are outstanding against the officer, as well as the vigilance status of the officer or whether any cases of corruption etc. are
pending against him/her. In case there is such a case, the resignation is normally rejected. Before forwarding the resignation to
the central government, the concerned state is supposed to send information on the issues of dues and vigilance status, along with
its recommendation. The resignation of the officer is considered by the competent authority, i.e., the central government, only
after the recommendation of the concerned cadre has been received. The competent authorities are: Minister of State at the
Department of Personnel & Training (DoPT) in respect of the IAS, the Minister for Home Affairs in respect of the IPS, and the
Minister for Environment, Forest and Climate Change in respect of the Forest Service. Being the minister in charge of the DoPT,
the Prime Minister himself takes decisions currently in respect of the IAS. A circular issued by the DoPT on February 15, 1988
regarding resignation says that it is not in the interest of the government to retain an officer who is unwilling to serve. The general
rule, therefore, is that the resignation of an officer should be accepted — except in certain circumstances. The circular says:
“Where a Government servant who is under suspension submits a resignation the competent authority should examine, with
reference to the merit of the disciplinary case pending against the Government servant, whether it would be in the public interest
to accept the resignation.” In some cases, resignations have been rejected because disciplinary cases were pending against officers.
In such cases, concurrence of the Central Vigilance Commission (CVC) is obtained. The government also checks whether the
concerned officer had executed any bond to serve the government for a specified number of years on account of having received
specialised training, a fellowship, or scholarship for studies. The circular also says: “Where the Government servant concerned is
engaged on work of importance and it would take time to make alternative arrangements for filling the post, the resignation should
not be accepted straightway but only when alternative arrangements for filling the post have been made.” Rule 5(1A)(i) of the
amended DCRB Rules says the central government may permit an officer to withdraw his/her resignation “in the public interest”.
An amendment in the Rules in 2011 states “that the period of absence from duty between the date on which the resignation became
effective and the date on which the member is allowed to resume duty as a result of permission to withdraw the resignation is not
more than ninety days”. The same amendment in the Rules said, “Request for withdrawal of resignation shall not be accepted by
the Central Government where a member of the Service resigns from his/her service or post with a view to be associated with any
political parties or any organisation which takes part in politics, or to take part in, or subscribe in aid of, or assist in any other
manner, any political movement or political activity or to canvass or otherwise interfere with, or use his/her influence in
connection with, or take part in, an election to any legislature or local authority.” The guidelines say that if an officer who has
submitted his/her resignation sends an intimation in writing withdrawing it before its acceptance by the competent authority, the
resignation will be deemed to have been automatically withdrawn. Shah Faesal resigned on January 9, 2019, but his resignation
was not processed. His Executive Record Sheet on the DoPT website has no details of his posting. The latest Civil List of IAS
officers available on the DoPT website is that of 2021 — and Faesal is listed as a serving officer, but whose posting details say
“N.A.” (not available). The Immovable Property Return (IPR), which every officer is required to declare every year and which is
posted on the DoPT website, was last declared by Faesal on January 30, 2017. However, since his resignation itself was not
accepted, his request for the withdrawal of resignation was accepted. This, despite the fact that he tried his luck in politics for a
year and a half.

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