26/Sep/2017

Waiting for a signal Editorial 26th Sep'17 The Hindu

Railway Minister must focus on right issues:

With every new Railway Minsiter come new expectations on solving Indian Railways' problems.
While there are many important issues, the focus must be on addressing problems that will enhance the
performance of the Railways.

Importance of Ministry-Railway Board relationship:

For decades the lack of consistent political direction has affected the Railways.
Civilians (and politicians) lack expertise on railway matters.
Railway officers are professional and have the expertise.
However, results are determined by the Ministry-Railway Board relationship and how much the Minister is willing to
follow professional advice.

Poor performance resulting from Railway Minister's political compulsions:

Railway Ministers often ignore professional advice and follows with his political compulsions of pandering to
constituencies.
The results are:
A haphazard introduction of trains
Subsidising passenger fares by overcharging freight
Investment in unwanted new facilities
Modernisation and induction of new technologies without a plan
The fallout of all this is a division of the organisation on departmental lines, with each following its own narrow
interests.
Decision-making revolves around pursuing immediate goals that can show their own department in a good light.
This state of affairs has led to a breakdown of systems.

Safety concerns due to overburdening:

Breakdown of proper systems is exemplified in the case of the Puri-Haridwar Utkal Express derailment in Uttar
Pradesh in August.
The accident shows that the numbers of trains have now reached a level where field staff are unable to carry out
maintenance without cutting corners.
In this case, track maintenance staff had decided to repair tracks without blocking trains.

Not an isolated case:

If this was an isolated case, then the case could have been closed by punishing the guilty.
But it appears that the practice of repairing tracks without blocking trains is quite widespread, which is cause for
concern.

Why has it come to this?

The situation is the outcome of pursuing three inconsistent goals at the organisational level:
Moving more people by continuously adding trains even when sections are saturated
Focussing on increasing speed and punctuality
Diverting freight earnings to subsidise passenger fares
These are incompatible with the declared objective of safety, especially when there is a shortage of capacity to run
existing services.

Issues in rectifying the problems:

There is really no way to make the system both safe and punctual, without reducing the number of trains.
The problem is further exacerbated by a lack of money to replace old assets or purchase spares.
 As seen in the Utkal train accident, incompatible organisational goals (for example, one department wants
punctuality at any cost, another wants repairs done at any cost) connect to unsafe behaviour at the field level.

Way forward - Minister can set this right by making difficult political decisions:
Prioritize safety and cut number of trains:

The Minister has to make difficult political decisions such as cutting back on trains on saturated sections, even if
this means giving less priority to punctuality.
He has to accept that time has to be allotted for maintenance systems to stabilise, even at the cost of delaying
trains.
The numbers of trains should be brought down to what the system can safely handle without cutting corners in
track, signalling and rolling stock maintenance.

Restore the practice of field inspections:

There is also a need to restore the well-established practice of field inspections at all levels to grasp what is
happening in the field.
The energies of field officers should not be used up by meaningless drives and responding to social media.
Nothing should divert their attention from their main job of oversight and correction of divergences from standard
procedures.

Funds for maintenance:

He needs to ensure money for maintenance and replacement of aged assets.

This should be done by freeing freight from subsidising passenger fares.

Importance:
GS Paper II: Governance

Related Question:
In light of the rising accidents and saturation of certain sections, railway must put a safety upgrade above plans for
punctuality and new trains.

24/Sep/2017

Govt launches 'Pradhan Mantri LPG Panchayat' to boost PMUY

The News

The Petroleum and Natural Gas Minister launched the 'Pradhan Mantri LPG Panchayat' scheme, as an extension to
Pradhan Mantri Ujjwala Yojana.
The government has provided three crore LPG connections to the poor including the tribals and Dalits under
PMUY.
The LPG connection has empowered women and saved lives of lakhs of women who die due to health
complications arising out of use of traditional means of fuel like wood.

LPG Panchayat

LPG Panchayat will serve as an interactive platform between those who received LPG cylinders under PMUY,
officials, LPG distributors and NGOs.
Under the scheme one lakh LPG Panchayat will be held across the country to deal with the issue of safe use of
LPG as well as its various benefits, like environment, health, and how it empowers women.
In one panchayat, around 100 LPG customers of nearby areas will share their experiences with each others.
The panchayats will also include safe practices, quality of service provided by distributors and availability of refill
cylinders.
Aim

The LPG Panchayat aims at spreading awareness among the LPG users about how to properly use the clean fuel
and its many benefits.

20/Sep/2017

Finalise body for Cauvery water sharing

Why in News?

The SC is hearing an appeal on the Cauvery Disputes Tribunal's final award of 2007.

News Summary:

The SC has questioned the reluctance shown by the Centre in implementing the award of Cauvery water dispute
tribunal.
The Tamil Nadu government wants that the SC itself should finally appoint an authority and frame a scheme for
sharing and management of Cauvery/Kaveri river waters.

Sharing of waters:

The sharing of waters of the Cauvery River has been the source of a serious conflict between the two states of
Tamil Naidu and Karnataka.

Cauvery Water Disputes Tribunal (CWDT):

In 1990, Government of India had constituted the CWDT.

It was constituted to adjudicate the water dispute of river Cauvery among the States of Tamil Nadu, Karnataka,
Kerala and Union Territory of Puducherry.

CWDT award:

In 2007, CWDT gave its report and decision.

According to the award, Karnataka is to release 182 thousand million cubic feet or tmc ft (1tmc is equal to 28.3
billion litres) water to Tamil Nadu.
In addition, Tamil Nadu is to get 10 tmc ft water for environmental purposes.
Tamil Nadu will have to release 7 tmc ft to Puducherry.
In 2013, the Central Government notified the award.

Water sharing Criteria:

The water sharing criteria is based on two conditions:
1. Above normal water year:

Karnataka can use all the excess water available in its area after releasing 192 TMC applicable in a normal water
year.
Tamil Nadu can also use all the excess water available in its area.

2. Below normal water year:

When the total water availability is below 740 TMC (i.e. distress year), the allocated share of each state is reduced
proportionately.

Replacing Cauvery River Authority:

The Cauvery River Authority (CRA) chaired by the Prime Minister and the Cauvery Monitoring Committee will
 cease to exist.
CRA will be replaced by the Cauvery Management Board (CMB) and the Cauvery Water Regulation Committee.

Cauvery Management Board:

It will monitor the Eight reservoirs in Cauvery basin.

In Tamil Naidu reservoirs are - Lower Bhavani, Amaravathy, Mettur.

In Kerala reservoir is - Banasurasagar.
The CMB is yet to be set up the centre.

River Cauvery:

It rises in Brahmagiri Hills of Kogadu district in Karnataka.

Its length is 800 km and it drains an area of 81,155 sq. km.
About 3 percent of the Kaveri basin falls in Kerala, 41 per cent in Karnataka and 56 per cent in Tamil Nadu.

16/Sep/2017
Unions toughen stand on reforms

Background:
Labour Law Reforms:
As part of labour law reforms, the government has undertaken an exercise of rationalisation of 38 Labour Acts by framing

Code on Wages

Code on Industrial Relations:

The Labour Code on Industrial Relations Bill, 2015, proposes to combine three industrial labour laws:

The Trade Unions Act, 1926

Why the reforms?

For long, it was known that India's stringent laws on industrial labour have been a major hindrance to many
industries setting shop here.
World over, businesses need to be able to fire workers (with severance pay) when there is slowdown or when new
developments make old business redundant.
However, India's labour laws make it very difficult to fire workers, if companies have more than certain number of
employees.
Due to this, either companies tend to remains small (which destroys their competitiveness) or do not set up here at
all.
The reforms in labour laws is a major reform necessary for any kind of manufacturing boom in India.

Why in news?

Trade unions are protesting against the proposed labour reforms.

Summary:

Central trade unions continue to oppose the government’s plans to ease retrenchment (downsizing or firing some
employees) norms and to restrict trade union membership under the Industrial Disputes Act.
Labour Ministry will discuss five contentious proposals in the Code on Industrial Relations Bill with central trade
unions.
Those included:
Allowing bigger companies to retrench workers without the government’s permission
Increasing the severance pay by three times
Restricting outsiders’ role in trade union leadership
Changing the definition of ‘workers’
Procedure for recognition of trade unions

Unions' demands:

Some unions want the proposed Code on Industrial Relations Bill to be scrapped.
Some want the government to not interfere with the trade union composition and not allow lesser factories to
retrench workers without the government’s nod.
They want the government to discuss the industrial relations Bill in full detail.
 The Ministry assured it will get the trade unions on board for the proposed reform.

States taking lead on labour reforms:

While the Centre’s plans to amend the Industrial Disputes Act 1947 is taking time, States are going ahead with their
own labour law changes to ease retrenchment norms.
Many states are reforming labour laws in a bid to attract business locally, with Assam joining the race recently.
Till date, apart from Assam, Madhya Pradesh, Haryana, Rajasthan, Andhra Pradesh, Uttarakhand and Jharkhand
brought in their own amendments to the Industrial Disputes Act.
This will allow larger firms to retrench workers without seeking its permission.

Concurrent subject:

Since labour is a concurrent subject, the state legislations need Centre's approval (President's assent) to become
laws.

Assam's reforms:

Assam Assembly passed amendments to the Industrial Disputes Act to allow companies with a staff of up to 300 to
retrench workers without government permission.
This gives industries with large workforce more flexibility in retrenchment.
Currently, companies with more than 100 workers need government's permission.
The Assam government’s approved Bill will need the Centre’s nod to become a law.

13/Sep/2017

Chakmas to be made citizens

The News:

The Indian govt. is all set to give citizenship to over 1 lakh Chakma and Hajongs who fled to India in the 1960s to
escape religious persecution in Bangladesh (then part of Pakistan).

Background:

These Chakmas, who are Buddhist, and Hajongs, who are Hindus, were inhabitants of erstwhile East Pakistan
(now Bangaldesh)
They had to flee when their land was submerged by the Kaptai dam in the 1960s.
They also faced religious persecution in East Pakistan.

Given refuge by India in Arunachal Pradesh:

The Indian government moved a majority of the refugees to present-day Arunachal Pradesh, who have been
staying in there for over 50 years.
According to officials, their numbers have gone up from about 5,000 in 1964-69 to one lakh.
Arunachal Pradesh was chosen because it was then called North East Frontier Agency (NEFA), and was
administered by the Ministry of External Affairs through the Assam Governor.
Also, it was decided that their settlement in unoccupied lands of NEFA would have strategic benefit as vast
stretches of vacant land along the border is not desirable.

News Summary:

The meeting to decide the grant of citizenship to the Chakma-Hajongs will be chaired by Rajnath Singh, the Home
Minister.
However, even if they are granted citizenship, they will not have any land ownership rights in Arunachal Pradesh. It
is a predominantly tribal state, and people of the State have opposed giving any such rights.
They may be allowed to buy land anywhere else in India.
They could continue to live in the transit camps where they have lived since 1964-65.
 Supreme Court ruling, 2015:

The Supreme Court had asked the government to grant citizenship to Chakmas and Hajongs.

Citizenship (Amendment) Bill, 2016:

In response to the SC judgement, the govt. introduced a bill to amend the Citizenship Act, 1955 to make illegal
migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and

12/Sep/2017

Nirmala finds a place on key panels

The News:

NirmalaSitharaman, the Defence Minister of India, has been included in key panels viz. Cabinet committee on
Security (CCS), Cabinet Committees on Economic Affairs (CCEA) and Cabinet Committees on Political Affairs
(CCPA).

News Summary:

She is the 1st full-time woman defence minister of the country after late Prime Minister Indira Gandhi had twice held
charge of defence portfolio for brief period in 1975 and again in early 1980s.
Piyush Goyal, the Railway and Coal Minister has been inducted into the CCEA and CCPA.

Cabinet Committees:

Cabinet committees are extra-constitutional bodies set up by the Prime Minister of India as per the requirement.

Cabinet committee on Security (CCS):

It is one of the most high profile committees of the Parliament.

It takes all the major decisions on matters of national security and India’s defense expenditure.
It presently consists of the following members:
Prime Minister
Minister of Home Affairs
Minister of External Affairs
Minister of Finance
Minister of Defence
Recently, CCS approved the 1st phase of Army reforms based on recommendations of Lt. Gen Shekatkar
Committee. The purpose of the reforms is to enhance combat capability and optimize defense expenditure of the
Indian Army.

Cabinet Committees on Economic Affairs (CCEA):

It reviews all the problems, prospects and economic trends on a continuous basis to evolve a sound economic
policy framework for the country.
All the policies and activities in the economic sphere are coordinated by CCEA, including:
Fixing of prices of agricultural products
Control the prices of industrial raw materials
Matters of disinvestment and foreign investment.
It is chaired by the Prime Minister and consists of ministers of some of the important ministries - External Affairs,
Transport, Shipping, Commerce & Industry, Chemicals & Fertilizers, Parliamentary Affairs, Law & Justice, Railways,
Defence, etc.
Cabinet Committees on Political Affairs (CCPA):

It is referred to as ‘Super Cabinet’ as it is the most important of all the cabinet committees.
Its mandate is to deal with all policy matters pertaining to domestic and foreign affairs (only matters not dealt with
by the CCS).
It deals with problems relating to Centre-State relations in the context of the Federal structure of the country and

It is chaired by the Prime Minister and consists of ministers of some of the important ministries - External Affairs,

Parties call for hybrid electoral system

The News:

Some political parties have told the Parliamentary panel that the current electoral system needs changes.
They said that the current first-past-the-post (FPTP) system needs to be replaced with a hybrid electoral system
where elections for a small no. of seats are through proportional representation.

News Summary:

The Standing Committee on Personnel, Public Grievances, Law and Justice is deliberating on electoral reforms.
It sought the views of all political parties on changes to the electoral system.
It comes in the backdrop of the Uttar Pradesh Assembly elections held in March this year.
Stats from UP election:
BJP got 39% votes and won 312 seats
SP got 21.8% votes and won 47 seats
BSP got 22.2% votes and 19 seats
This highlights the issue that, in FPTP system, vote share does not translate into similar representation in the
house.

Issues raised about the First Past The Post (FPTP) System:

In FPTP system currently being used, the candidate with the most valid votes wins.
When there were fewer parties and Indian National Congress (INC) was the only major national party, the voting
percentage of the winning party used to be high.
But now, because of the division of votes among many parties, a party with even 20% share may get very few
seats, while a party with 28% can get disproportionately large number of seats.
No ruling party has ever got 51% of the votes polled.

Does this system ignore will of many people?

Often, parties that together poll almost 50% of the votes are totally excluded from representation.
Critics say that the actual will of the people isn’t getting reflected in election results.

Alternative models of election:

A hybrid system refers to an electoral system in which two systems are merged into one. It aims to take the positive
features from more than 1 electoral system and mixing them together.

1. Dual system:

In this system, separate votes for a candidate and a party could be considered. It is followed by some European
nations.
The models of the countries which are following the system of proportional representation in addition to direct
election may be studied to devise a new system.
2. Mixed system:
 These reports have suggested that 25% or 136 more seats should be added to the present LokSabha and be filled

10/Sep/2017

Rajnath arrives in Srinagar, holds out olive branch

Why in News?

The Union Home Minister Rajnath Singh is on a four days visit to Jammu & Kashmir.

News Summary:

In recent past, the militant violence is showing an upward trend in the state of Jammu and Kashmir.
Due to this, the state economy is going through a rough patch.
In order to resolve this issue and restore peace, the Home Minister is willing to meet various stakeholders to find
solution to the problems.
He held the meetings with the CM of Jammu Kashmir and civil society leaders.

Meeting with civil society delegations:

The Home Minister met with the representatives of more than 20 delegations of various organisations (like trade, travel,
business, the youth, and a team of Sikh minorities).
Youth Delegation:

According to delegation, youth of the state is being portrayed as violent in the national media.

Therefore, it was urged to restore the youth’s dignity.

Travel Delegation:

It urged for the resolution of the political problems of the state.

According to delegation, the negative narration by media about the valley is a major contributor to the dipping
tourist numbers.

Sikh Community Delegation:

It demanded a special quota for the minorities in the state.

Meeting with Chief Minister Mehbooba Mufti:

Overall situation, implementation of the Agenda of Alliance (AoA) and execution of the PM’s development package
in the state was discussed.
Hints about the talks with the All Parties Hurriyat Conference were also given.

Agenda of Alliance (AoA):

The Peoples Democratic Party and the BJP had entered into alliance to form the government in Jammu & Kashmir.
The agenda of this coalition is referred to as Agenda of Alliance (AoA).
Under AoA, the government will catalyse reconciliation and confidence building within and across the Line of
Control (LoC) in J&K thereby ensuring peace in the state.
This will create an enabling environment for all round economic development of the state and prosperity of the
people.
The need to reach all sections of the society in the state has been recognised in the AoA.
PM’s development package (PMDP):

In 2015, the Union government had announced a development package for the state of Jammu and Kashmir.
Expedited implementation of PMDP in a time-bound manner is needed to create jobs in J&K.
The total cost of the package is around Rs. 80,000 crore for 63 projects.
According to the Home Ministry officials, the Centre has already sanctioned 78% of the total package (about Rs.

Some of the development project involved under this are:

Four laning of the Chenani-Nashri section of the National Highway.

09/Sep/2017

West Bengal settles for Bangla as new name

Why in News?

The state of West Bengal has settled for 'Bangla' as its new name in all the languages.

Background:

In 2016, the assembly of West Bengal had passed a resolution for changing the name of the state.
Three different names were decided for three different languages.
Bengal in English, Bangla in Bengali and Bangal in Hindi.

Present situation:

The issue of change of name of the state lies with the Centre.
The centre had raised the objections about having different names in different languages.
So due to these objections, recently the cabinet of West Bengal has settled for the name 'Bangla' in all the
languages.

Article 3 of Indian Constitution:

It empowers the parliament to create new states and alter the areas, boundaries or names of existing States by
making suitable law.

Procedure of changing a name of state:

The process for changing the name of a state can be initiated by state itself.
However, by virtue of article 3, the parliament has power to change the name of a state even if such proposal does
not come from the concerned state.

If initiated by state assembly:

The state assembly would first pass a resolution for such change and this passed resolution would be sent to
central government.
Central Government will draft a bill and this bill will be sent to the state legislature to express its views in a stipulated
time.
The state legislature will need to give its views within time as fixed by president.
Once this time is expired, the president will recommend to introduce that bill in parliament.
Once introduced, the bill will be passed, and president would give assent.
Thus, the name of state would be changed.
Without a proposal of state:

Article 3 empowers the parliament make changes in area, boundaries, territory, name of states even if such
proposal does not come from the concerned state.
For this purpose, the central government can simply get a bill passed in the parliament.
However, constitution mandates that whenever such things need to be done, states must be given an opportunity to
express their views.
Thus, first central government will draft a bill, but this bill can be introduced in parliament only by recommendation of
the president.
Before making such recommendation, President would send this bill to the concerned state legislature and give it a
fixed time to express its view on that matter.
However, state’s view has no actual impact on fate of such bill.
Once the stipulated time is the President may recommend the bill to be introduced in any house of parliament.
Once the bill is passed the name of state gets changed.

Conclusion:

Alternation of names, boundaries etc. of states is a prerogative of parliament and parliament has final say on this
matter.
Such a bill is introduced in parliament by prior recommendation of president (because states’ interests may be
involved here).
States are asked to express their views in stipulated time but practically their views do not matter. Once that time is
expired, parliament can enact the law even if the state disagrees.

08/Sep/2017

State laws repugnant to IBC are void: SC

Why in news?

The Supreme Court judged that any State laws that are repugnant to the Insolvency and Bankruptcy Code 2016 are
void.

Background:

In May 2016, the Insolvency and Bankruptcy Code 2016 (IBC) was enacted and came into force.
The Code creates a framework for resolving insolvency in India.
The National Company Law Tribunal (NCLT) will adjudicate insolvency resolution for companies.

Present case:
Insolvency proceedings under the IBC:

In the present case, the management of Innoventive Industries petitioned against insolvency proceedings under the
IBC by lender ICICI Bank.
The company invoked the Maharashtra Relief Undertakings (Special Provisions Act) of 1958 against the insolvency
resolution process.
The company argues that the 1958 Act of Maharashtra allowed temporary suspension of any debt recovery against
the company. The Act allowed the State to run the company as a measure to mitigate the hardship caused to
workers who may be thrown out of employment by its closure.

Tribunal held that IBC will prevail over State's laws:

In January, the National Company Law Tribunal (NCLT) had already dismissed the plea of the Innoventive
Industries’ management.
It said that the Code, a parliamentary statute, would prevail against the Maharashtra Act.
So the management cannot use the Maharashtra Act to stall proceedings under the Code.
Summary:
The petitioners reached the Supreme Court requesting the halting of proceedings.
Central law supreme:

The Supreme Court held that the provisions of State laws which hinder the country’s new bankruptcy law, the IBC,
will be declared void.
In the judgment, the court heralded the IBC as an effective legal framework aimed at improving ‘Ease of Doing
Business’.
IBC was meant to protect the interests of shareholders, creditors and workers against entrenched managements
unable to dig their way out of their debts.

Entrenched management has to go:

Entrenched management is the sick management unable to perform and cannot pay its financial debts, but
continuing nevertheless in the management seat.
The SC said that the entrenched managements are no longer allowed to continue in management if they cannot
pay their debts.

Old management cannot represent company once the insolvency resolution begins:

Under the IBC, once the insolvency resolution process has been admitted in the National Company Law Tribunal,
the management of the company is also transferred to an insolvency professional.
The court thus held that the erstwhile management of a company cannot represent the company in court once
insolvency resolution process has been admitted in the NCLT.

07/Sep/2017

Focus on impactful Smart City projects: Centre

Why in News?

The Centre asked the States, to focus on impactful and PPP based smart city projects.

News Summary

During a review of Smart Cities mission last week, PM Modi had emphasised on early implementation of projects.
He suggested that the chief secretaries of all states should review the progress of the implementation.
In response to this, the Housing and Urban Affairs Ministry has asked the States to focus on early implementation
of smart city projects that have a visible and transformative impact in the lives of citizens in those cities.

Impactful projects

The Centre and the State governments together have identified 261 'impactful ventures' worth Rs 31,000 crore.
However, the projects have been shortlisted without any clear definition of what “impactful” means.
The work will commence by November this year on 261 impactful smart city projects in 60 cities (that were
announced between January and September 2016).

Some of the impactful projects to be taken up are:-

Museum of Urban History in Bhubaneswar.

Adventure Park in Udaipur.
Rejuvenation of water bodies in Coimbatore.
5 km-long heritage walk in Warangal.
Conservation of built heritage in Thanjavur.
 Redevelopment of world-famous Manikarnika Ghat in Varanasi.

PPP projects

The States and UTs have also been asked to speed up work on 370 PPP projects that involves an investment of
32,410 cr.

Some of the major PPP smart city projects are:-

Affordable housing in Bhubaneswar.

Urban Plaza at Ganj Mandi in Raipur.
Markets development in Bilaspur.
Urban space development in Amritsar.
Water supply in Coimbatore.
Bus stand in Telangana.
Tourism and recreation infrastructure in Shimla.

Review of the smart cities

The latest review of Smart City projects reveals that only 79 projects with total budget of Rs. 841 crore have been
completed.
Another 204 projects, with a budget of Rs. 7,963 crore are under implementation.
Projects worth Rs. 1.14 lakh crore are still on the drawing board stage.
To accelerate work, the Ministry has now decided to award World Bank and AFD (Agence Francaise De
Développement) funds on competitive basis.
The detailed guidelines with competition framework in this regard are under finalisation.

Smart cities

These are the cities which focus on the most pressing needs and on the greatest opportunities to improve lives. They
always put people first.

Smart Cities Mission

Smart Cities Mission strategies

Pan-city initiative in which at least one Smart Solution is applied city-wide.

Develop areas step-by-step – three models of area-based developments:

1. Retrofitting (means Improvement of the city)

2. Redevelopment (means renewing the city)

3. Greenfield (means extending the city)

Coverage and Duration

1. The Mission will cover 100 cities and its duration will be five years from 2015-16 to 2019-20. The Mission may be
continued thereafter in the light of an evaluation to be done by the Ministry of Urban Development.
2. The distribution of cities among the States and Union Territories(UT) will be on the basis of an equitable criteria.
3. The formula gives equal weightage (50:50) to urban population of the State/UT and the number of statutory towns
in the State/UT.
4. Each State/UT will have at least one smart city.
5. The distribution of Smart Cities will be reviewed after two years of the implementation of the Mission.

Child marital rape: SC bench questions exception in penal law

Section 375 of IPC (on Rape):

When the man knows he is not her husband but she gives her consent believing him to be her husband

When she is under 18 years of age

Exception in section 375:

 The Parliament had made an exception in Section 375 of the Indian Penal Code (IPC), which defines the offense of
rape.
The exception is that sexual intercourse by a man with his minor wife, not aged below 15, is not rape.

Why in news?

The SC has asked a reason for this exception in Section 375 of IPC based on a petition.

News Summary:

Hearing a petition filed by an NGO, the SC asked the Centre how Parliament could create the exception when the
age of consent is 18 for all purposes.
The petitioners argued that, as the age of consent is 18 years, sex in cases of child marriage (even in which a girl is
aged between 15 and 18) even with consent will amount to rape.

Violative of Fundamental Rights:

The petitioners have sought to declare this exception as violative of Articles 14, 15 and 21 of the Constitution - as it
permits intrusive sexual intercourse with a girl child aged between 15 and 18 years, only on the ground that she has
been married.

In conflict with other laws and conventions:

The exception in Section 375 of the IPC is defeating the purpose of the Prohibition of Child Marriage Act 2006
according to which the marriageable age in India is 18 years.
This is also in conflict withthe Protection of Children from Sexual Offences Act (POCSO), 2012 (according to which
"child" means any person below the age of eighteen years).
It is also in violation of international conventions to which India was a signatory.

Government's position:

Responding to the query, government counsel submitted that the exemption was created after due thought and
consideration by Parliament.
They said the legislature kept in mind the socio-economic conditions in the country while making the exemption.
If this exception under the IPC goes, then it would open up the arena of marital rape which does not exist in India.

Prelims related question 2002:

Question: In the Indian Constitution, the Right to Equality is granted by five articles. They are:
a. Article 16 to Article 20
b. Article 15 to Article 19
c. Article 14 to Article 18
d. Article 13 to Article 17

Answer: c

06/Sep/2017
BASIC: The Code on Wages, 2017

Labour Law Reforms

As part of labour law reforms, the government has undertaken an exercise of rationalisation of 38 Labour Acts by
 1. Code on Wages
2. Code on Industrial Relations
3. Code on Social Security
4. Code on Occupational Safety, Health and Working Conditions

The Code on Wages Bill, 2017

The Government took a decisive step towards simplifying and amalgamating the vast mass of labour laws when it
presented before the nation The Code on Wages, 2017.
The Bill intended to bring relief to both employers and employees.
The Code will subsume four Acts that will stand repealed with the passage of the Bill, facilitating easier compliance
of the law. These are:

1. The Minimum Wages Act, 1948

2. The Payment of Wages Act, 1936
3. The Payment of Bonus Act, 1965
4. The Equal Remuneration Act, 1976

With enactment of the Code on Wages, all these four Acts will get repealed.

SALIENT FEATURES

1. Simplification of laws

The amalgamation of the laws would facilitate their implementation and remove the multiplicity of definitions and
authorities.
The simplification will be done without compromising the basic concepts of welfare and benefits to workers.

2. Tranparency

Technology will be used in its enforcement and thereby bring transparency and accountability.

3. Equal Remuneration

The Bill provides for all essential elements relating to wages — equal remuneration, its payment and bonus.
The provisions relating to wages shall be applicable to all employments covering both organised and un-organised
sectors.
The power to fix minimum wages continues to be vested in the Central as well as State Governments, in their
respective spheres.
The Code will enable the appropriate Government to determine the factors by which the minimum wages shall be
fixed for different categories of employees.
The factors will take into account the skills required, the difficulty of the work, location of workplace etc.

4. Minimum Wages

No employer shall pay to any employee wages less than the minimum rate of wages notified by the appropriate
Government for the area, establishment or work as may be specified in a notification.
While fixing minimum wages under the Code, the appropriate Government (Central or State Government) will
appoint a committee comprising representatives of employers, employees and independent members. The
committee will go into all issues and make recommendations. This would ensure justice to all stakeholders.
Under the Bill, the Central Government will have the power to fix a national minimum wage, but it could vary for
employees in different States or geographical areas.
The Central Government, before fixing a national minimum wage rate, will take the advice of a Central Advisory
Board. There is provision for payment of overtime work done.
State Governments will not fix any rate lower than the national rate. If any State Government earlier fixed a rate
higher than the national rate, it will not reduce its wage rate.
5. Timely Payment of wages

Provisions relating to timely payment of wages and authorised deductions from wages, shall be made applicable to
all employees irrespective of wage ceiling. These are currently applicable only in respect of employees drawing
wages up to Rs 18,000 per month,
The appropriate Government may extend the coverage of such provisions to Government establishments also.

6. Gender Equality

Ensuring that there is no discrimination on the basis of gender in the payment of wages, the Bill incorporates the
provisions for “Equal Remuneration”.
The section says: There shall be no discrimination among employees on the ground of gender in matters relating to
wages by the same employer, in respect of the same work or work of similar nature done by any employee.

7. Mode of Payment

Under its payment of wages provisions, the Code says “all wages shall be paid in current coin or currency notes or
by cheque or through digital or electronic mode or by crediting the wages in the bank account of the employee.”
Wage payments can be made daily, weekly, fortnightly or monthly and the Bill has fixed time-limits for the
payments.
The provisions on payment of bonus say that the bonus has to be paid even to employees who have put in only
one month of service.

8. From Inspectors to Facilitators

Doing away with inspector-raj, the Code provides for Facilitators who will help employers and employees in the
proper execution of the law.
The Facilitators can be appointed by the Central or State Governments and given powers throughout the States or
such geographical areas assigned to them.
According to the Code, the Facilitator may within the limits of his jurisdiction can:

1. Supply information and advice to employers and workers concerning the most effective means of complying with
the provisions of this Code
2. Inspect the establishment based on an inspection scheme.

The inspection scheme, given by the Government, will provide for generation of a web-based inspection schedule.
Complaints for offences under the Code can be made by the Facilitator, employees, registered Trade Unions, or the
Government. The Code has spelt out elaborate penalties for the offences.
A Facilitator can give time and opportunity to employer to comply with the Code, and may not initiate prosecution if
there is compliance.

9. Protection of interest of the employees:

Under various other Sections, the interests of employees are protected by the Code.
The burden of proof that the due payment has been made, and without any unjustified deductions, will lie with the
employer.

How the code will be beneficial:

The code is in line with the original intent for the much-desired labour reforms - the idea is to do away with the
multiplicity of acts and replace them with one comprehensive legislation that is easy to understand, implement and
comply with.
The codification will remove the multiplicity of definitions and authorities, leading to ease of compliance without
compromising on wage and social security of workers.
a further boost to Make in India and ease of doing business.