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Review: Delhi HC Rules That Reckless, Defamatory, Humiliating, and Unsubstantiated Allegations by One Spouse Tarnishing the Image of the Other are Acts of Extreme Cruelty. - FACTLY
Sai Krishna Muthyanolla
December 27, 2023
In this edition of Court judgements review, we look at the Supreme Court’s judgement on Food Safety and Standards Act, Delhi High Court’s decision on divorce, Odisha High Court’s judgement on ‘Viscera report’ in murder cases, Jharkhand High Court’s judgement on reservations in cases of migration, and Jammu and Kashmir and Ladakh High Court’s decision on detention.
Supreme Court: Food Safety and Standards Act will take precedence over the Prevention of Food Adulteration Act where inconsistencies exist.
The apex court, in Manik Hiru Jhangiani vs. The State of Madhya Pradesh, held that when a violation falls under both the Prevention of Food Adulteration Act, 1954 (PFA), and the Food Safety and Standards Act, 2006 (FSSA), the FSSA prevails over the PFA where inconsistencies exist.
The two-judge bench comprising Justice Abhay S. Oka and Justice Sanjay Karol was hearing an appeal against the judgement of the High Court that refused to quash the proceedings for an alleged violation under the FSSA 2006. In this case, the appellant was a Director at M/s. Bharti Retail Limited, operating ‘Easy Day’ stores nationwide. A Food Inspector, registered under the PFA, visited a Bharti-owned shop in Indore on 29 November 2010, purchasing specific biscuit packets. Samples were sent to the State Food Laboratory the next day, and the report arrived on 4 January 2011. Despite the PFA’s repeal on 5 August 2011, as notified in Section 97(1) of the FSSA, Section 97(4) of the FSSA allowed prosecuting offenses committed under the PFA within three years from the commencement of the FSSA. An FIR was filed under the PFA on 12 August 2011 on ‘misbranding’ allegations. When challenged before the High Court, the petition was dismissed. The appeal is against this judgement.
The Counsel for the State argued that the offence was committed prior to the repeal of PFA, and the PFA Rules 1955 were still in force at the time of the commission of offence, the prosecution for violating the provisions of the PFA Act and the PFA Rules will certainly be maintainable. However, the Counsel for the petitioner argued that for violation of the provisions regarding misbranding, under PFA, the violator could be punished by imposing imprisonment of up to three years. However, under the FSSA, there is a provision for a levy of only a penalty up to Rs. 3 lakhs. Further, when two statutes are operating in the field prescribing a penalty for the same offence and when an earlier statute contains a more stringent penalty or punishment, the provision in the earlier statute will stand repealed by necessary implication.
The court looked at the provisions of ‘misbranding’ under both statutes. It also looked at the Sub-section (4) of Section 97 of the FSSA act, also known as the sunset clause.
The implication of sub-section (4) of Section 97 is that if an offence is committed under the PFA when the PFA was in force, cognizance of the crime can be taken only within three years from the date of commencement of the FSSA. Further, Section 89 of the same act provides for overriding effect over other laws.
The punishment under PFA and the penalty under the FSSA cannot be imposed on the violator for the same misbranding because it will amount to double jeopardy, which is prohibited under Article 20(2) of the Constitution of India. The only question is which of these two shall prevail, and it is answered by Section 89 of the FSSA 2006. This is a case where the alleged act of misbranding was committed when the relevant provisions of the FSSA, and in particular, Section 52 thereof, were already brought into force. Therefore, we are dealing with a situation where the act of misbranding will attract penal provisions both under the PFA and the FSSA. Thus, Section 89 of the FSSA comes into the picture.
Accordingly, the High Court judgement is set aside, and the proceedings are quashed.
Delhi HC: Reckless, defamatory, humiliating, and unsubstantiated allegations by one spouse, which has the impact of publicly tarnishing the image of the other spouse, is nothing but acts of extreme cruelty.
The Delhi High Court, in X vs. Y, held that public acts of humiliation, casting doubts on the reputation, character and fidelity of her husband certainly amounted to causing indelible mental agony and amounts to cruelty.
The division bench of Delhi High Court comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna was hearing an appeal against the order of the Family Court that granted divorce to the husband on grounds of cruelty. In this case, both parties got married on 28 February 2000, and one son, Rudraksha, was born from their wedlock on 27 April 2004. The husband found out that the spouse falsely projected her educational qualifications before marriage. He further alleged that her father would interfere with his professional work, which he had declined to do so. In addition, the husband alleged that his wife was of a suspecting nature, frequently picking up fights, suspecting that the respondent was having interest in other women and thereby, causing embarrassment for him in restaurants and public spaces. It is also alleged that his wife used to use filthy language and regularly threatened him that she would commit suicide and implicate him and other relatives in criminal matters. He was even coerced to undergo an impotency test on the pretext of treatment for depression when he refused to indulge in sexual activity after the birth of the first child. On account of all these factors, the husband sought divorce on the grounds of cruelty which has been granted.
These allegations were refuted by the wife. The court looked at the facts of the case, wherein it could not find sufficient evidence refuting these allegations. The court relied on the apex court judgement in Vijay Kumar Ramachandra Bhate vs. Neela Vijay Kumar Bhate, whereby it was held that levelling disgusting accusations of unchastity and indecent familiarity with a person outside wedlock and allegations of extramarital relationship is a grave assault on the character, honour, reputation, status as well as the health, and it would amount to worst form of insult and cruelty, sufficient by itself to substantiate cruelty in law.
Accordingly, the appeal is dismissed.
Odisha HC: Omission on the part of the investigating agency in sending the viscera for examination is nothing less than misconduct.
The Odisha High Court, in Prasanta Kumar Moharana vs. State of Odisha, held that failure on the part of the investigating officer to procure the viscera report from the State Forensic Science Laboratory is a serious lapse in the investigation. Further, omission on the part of the investigating agency in sending the viscera for examination is nothing less than misconduct.
The Division Bench of Odisha High Court comprising Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash was hearing an appeal against the trial Court’s ruling that found the appellant guilty under Section 302 of the IPC for causing the deceased’s death by poisoning him through milk.
The Court aimed to ascertain whether the deceased’s death was indeed caused by homicide. To do so, the Court examined the testimony of the doctor who conducted the deceased’s post-mortem examination. The doctor couldn’t definitively determine the cause of death and thus retained a sample of viscera for chemical analysis. While suggesting that death ‘likely’ resulted from ingesting endosulfan insecticidal poison, the doctor’s opinion lacked certainty.  The Court observed that although the viscera sample was purportedly sent for chemical examination to the State Forensic Science Laboratory (SFSL), this report hadn’t been presented as evidence in the trial Court. Furthermore, the Court highlighted the absence of evidence proving that the investigating officer had obtained the viscera report from the SFSL. Additionally, the doctor hadn’t expressed a specific opinion regarding the exact cause of the deceased’s death.
The court highlighted the importance of viscera report in cases of poisoning. It relied on Chhotan Sao vs. State of Bihar which stressed the importance of preserving viscera reports. It noted that the public prosecutors and judicial officers bear a heightened responsibility to ensure adherence to the law in criminal cases. Any negligence, as witnessed in the present case, is likely to compromise the prosecution’s case, leading to unnecessary acquittals.
Further, in the recent judgement of Hariprasad @Kishan Sahu vs. State of Chattisgarh, the apex court reiterated circumstances to be proved in cases of murder by poison.
The court further held that not only the source of procurement of poisoning was required to be established by the prosecution beyond all reasonable doubt, but it was the requirement to prove the viscera report. Thus, in the absence of a viscera report and strong evidence, the benefit of doubt weighed in favour of the appellant and hence is acquitted of the charge of murder.
Jharkhand HC: It is a settled position of law that a person, who has migrated to the other State, shall get benefit of reservation only in the State of origin.
In Rina Kumari Rana @ Reena Kumari Rana vs. The State of Jharkhand & Ors, the Jharkhand High Court held that a person, who has migrated to the other State, shall get the benefit of reservation only in his/her parent State i.e., the State of origin and not in the migrant State, even though the caste of that person is being given the benefit of reservation in the migrant State.
The single Judge bench of Justice Rajesh Shankar was hearing a writ petition that has been filed for declaring the petitioner to have passed in the Combined Graduate Trained Teacher Competitive Examination, 2016 for appointment to the post of Teacher (Hindi). After the success in the examination, her candidacy was rejected during the certificate verification process on the grounds that she had submitted the caste certificate of Scheduled Tribe on the basis of her husband.
The counsel for the petitioner argued that the petitioner hailed from the State of Bihar and identifies with the ‘Lohara’ caste. Having married an individual from the State of Jharkhand belonging to the same caste, the petitioner sought a Scheduled Tribe (S.T) certificate from the competent authority in Jharkhand. Subsequently, the Sub-Divisional Officer in Godda issued residential and caste certificates to her on 5 May 2016, based on the details provided about her husband. Yet, her candidature was rejected because she had submitted a caste certificate of S.T. category on the basis of genealogical table of her husband.
Upon looking at the facts of the case, the High Court relied on multiple judgements of the Constitutional bench of the apex court. In Marri Chandra Shekhar Rao vs. Dean, Seth G.S. Medical College & Others, it was held that balancing must be done between those who need protection and those who need no protection, i.e., who belong to advantaged castes or tribes and who do not, and if in all States the special privileges or the rights granted to Scheduled Castes or Scheduled Tribes are carried forward, it will also be inconsistent with the whole purpose of the scheme of reservation.
Further, in Action Committee on Issue of Caste Certificate to SCs/STs in the State of Maharashtra & Another vs. Union of India & Another, the apex court held that,
Thus, in accordance with the above judgements and some earlier judgements of the Jharkhand High Court on similar matters, it is held that a person, who has migrated to the other State, shall get the benefit of reservation only in the State of origin. Accordingly, the petition is dismissed.
Jammu and Kashmir and Ladakh HC: Unsatisfactory and unexplained delay in executing the order of detention, would throw considerable doubt on the genuineness of the subjective satisfaction of the detaining authority.
The Jammu and Kashmir and Ladakh High Court, in Owais Syed Khan vs. Union Territory of Jammu and Kashmir and Ors, held that unsatisfactory and unexplained delay in executing the order of detention leads to a legitimate inference that the detaining authority was not really and genuinely satisfied as regards the necessity for detaining the detinue.
The Single judge bench of the High Court comprising Justice Sanjay Dhar was hearing a Habeas Corpus petition, challenging the detention order issued by the District Magistrate, Srinagar, where the petitioner was placed in preventive custody for preventing him from acting in any manner prejudicial to security, sovereignty, and integrity of the State.
The petitioner argued about the delayed execution of the detention order, and also some lapses and non-compliances in procedural safeguards, and non-provisioning of grounds for detention among others, while challenging the detention order. The counsel for the state argued that the grounds urged by the petitioner were legally misconceived, factually untenable and without any merit.
Looking at the facts of the case, the High Court held that unreasonable delay cast doubt on the genuineness of the detention.
Further, reliance was placed on several apex court judgements, such as Manju Ramesh Nahar vs. Union of India and others, and S M F Sultan Abdul Kader vs. Jt. Secy., To Govt. Of India & Ors, wherein the apex court held unexplained delay in execution of the order of detention to be fatal.
In this case, the court observed that there has been no explanation on the part of the respondents regarding the delay in execution of the detention order. The same, therefore, renders the detention order unsustainable in law. Accordingly, the petition is allowed, and the detention order is quashed.

created: December 27, 2023


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Review: Delhi HC rules that use of ‘Registered Mark’ by competitors as Keyword in Google Ads is infringement of Trademark
Sai Krishna Muthyanolla
May 4, 2022
In this week’s review of Court Judgements, we look at the observations of the Supreme Court regarding ambiguous terms in Insurance contracts, the Delhi High Court’s ruling regarding the husband’s financial responsibility for maintenance, infringement of trademarks in relation to Google AdWords and Kerala High Court’s judgment relating to a case of attempt to suicide.
Supreme Court: Ambiguous terms in Insurance contracts to be interpreted in favour of Insured.
The Supreme Court observed that in case the terms of an insurance contract are ambiguous, then they ought to be interpreted against the drafter of the policy i.e., in favour of the insured. The Bench comprising of Justices U.U. Lalit, S. Ravindra Bhat and P.S. Narasimha made this observation in the case Haris Marine Products vs. Export Credit Guarantee Corporation (ECGC) Limited.
The Supreme court allowed an appeal filed against the order of the National Consumer Dispute Redressal Commission, which favoured the insurer.
In this particular case,
The Independent Review Committee (IRC) also rejected the claim on 28 March 2015, stating that the date of dispatch was 13 December 2012, but the policy is effective from 14 December 2012. The insurer approached the National Consumer Disputes Redressal Commission (NCRDC) which upheld the decision of IRC.
The appellant i.e., insured, raised the contention that:
Meanwhile, the respondent i.e., the insurance company referred to the guidelines of the Directorate General of Foreign Trade (DGFT).  The Supreme Court Bench was of the view that while interpreting an ambiguous term, if two constructions are possible, then the one which is consistent with business common sense needs to be preferred. It further noted that the date of loading goods was of lesser significance than the date on which the foreign buyer defaulted, as the policy was supposed to cover the default and not the transit. It referred to an earlier case of Sushilaben Indravadan Gandhi vs. New India Assurance Company Limited,  regarding the “contra proferentum” rule, which protects the insured from the unfavourable interpretation of an ambiguous term.
The Apex court said aside from the order of NCRDC and directed the insurer to pay the claim amount of Rs. 2.45 crores with the interest of 9% per annum.
Delhi HC: Husband having sufficient means cannot shirk away from familial responsibility
In the case of Jitendra Kumar Garg vs. Manju Garg, Delhi High Court observed that as per section 125 of the Code of Criminal Procedure, if the husband has sufficient means, he is obligated to maintain his wife and children and not shirk away from the responsibilities.
In this case, presided by Justice Subramonium Prasad, the Delhi High Court was dealing with a plea challenging an order passed by the Family Court, where the petitioner i.e., the husband was directed to pay interim maintenance of Rs. 20 thousand per month to the respondent i.e., wife.
The Sequence of events of the case are.
The husband filed a petition in the High Court challenging the order. The high court observed that it can only interfere in the impugned order if it was replete with legal infirmities. Reviewing the documents, the court noted that the order issued by the Family court was based on considering all the affidavits of income, assets & liabilities etc. It concluded that the impugned order by the Family court was well-reasoned and hence dismissed the petition filed by the husband.
Kerala HC: Drops charges in an ‘Attempt to Suicide’ case
In an attempt to suicide case, Justice K. Haripal of  Kerala High Court observed that based on an elaborate study of general judicial opinion on attempts to suicide, the growing trend is in favour of decriminalization of the offence as suicidal behaviour is often considered to be a symptom of mental distress.
Accordingly, in the case of Simi C.N. vs. State of Kerala & Ors., the Kerala High Court quashed all the charges that were pending against a Village officer who attempted suicide and was booked under IPC Section 309. She moved the court to quash the proceedings against her.
The de facto complainant (president of the village) and others demanded the issuance of income certificates related to the ‘Life Mission Scheme’ manually. The petitioner i.e., the village officer insisted that she will issue the certificates manually only after getting instructions from higher officials. The official procedure is to issue these certificates online.
This led to an altercation at the office. The officer attempted suicide due to the mental turmoil caused. In the petition, she stated that the group had wrongfully restrained and confined her and obstructed the normal course of work and stated their political clout. The group has abused, harassed, and ridiculed her in front of the general public.
Amidst the harassment and mental strain, she took out a blade and cut the veins of her left arm and was immediately taken to a hospital. Advocates on behalf of the petitioner submitted that she indulged in such an act without any intention and out of the circumstances and cannot attract offence under Section 309. Further, section 115 of the Mental Care Act saves the criminal liability of the petitioner.
Looking at the facts of the case, the court observed that there was no allegation from the panchayat president or others that the petitioner adopted any corrupt practice or has purposefully delayed issuing certificates. The charge sheet also stated that she attempted suicide by cutting the veins out of mental strain.
Justice Harpal referred to the Law Commission’s 42 report’s recommendation on the deletion of the offence of attempt to commit suicide from the IPC. Furthermore, in the case Common Cause vs. Union of India & Anr, Supreme Court has recommended the parliament consider decriminalizing attempts to suicide.
In view of the situation created by the president and others who seem to obtain certificates by frightening her, it can be understood that the Village officer was under severe stress. The court, therefore, proceeded to quash all the pending proceedings against her.
Delhi HC: Use of Registered Mark by competitors as Keyword in Google Ads is an infringement of Trademark.
In the case of Make My Trip India Pvt Ltd vs. Booking.com B.V & Ors, the Delhi High Court observed that the use of the registered trademark by competitors even as metatag is an infringement under Trademarks Act and granted an injunction in favour of ‘Make My Trip’.
The Plaintiff – ‘Make My Trip (India) Pvt. Ltd’ had filed the suit for permanent injunction which sought the protection of its registered trademarks “MakeMyTrip” and its variants. The petitioner alleged that their trademarks were being used by Booking.com B.V as keywords on the Google Ads for promoting their services through the search results displayed on the Google search engine. When the search is being carried out for ‘Makemytrip’ in Google search, the first advertisement which is displayed is of Booking.com, which is among its major competitors.
Makemytrip.com also claimed that Booking.com has made bids for the keyword “MakeMyTrip to ensure that they are displayed in the top search results when someone searches for “MakeMyTrip” on Google. The plaintiff has earlier issued notices to Booking.com asking them to cease bidding on the keyword “MakeMyTrip”, which was duly stopped. Further notices were issued asking the defendant to cease the unauthorized and illegal bidding for their trademark as a keyword.
The defendant i.e., Booking.com argued that the plaintiff has not disclosed complete details. Reference was made to a ‘Strategic Partnership Agreement’ in 2016 between the two parties wherein Booking.com permitted Makemytrip to conduct, undertake, use, and perform paid searches using their mark “booking.com”.  They further stated that the worlds ‘make”, “my”, and “trip” can be used in a generic and descriptive manner.  It was also argued that the use of a trademark as a keyword is not an infringement internationally including the UK, USA, EU, Australia, Japan, China etc.
The court observed that by using a registered trademark as a keyword, Google Ads seeks to create a platform for two competitors to bid against each other. Therefore, the trademark owner is being forced to bid for its own trademark.
The court restrained Booking.com to use the mark “MakeMyTrip”, together or in conjunction, with or without spaces as a keyword on Google Ads.
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author: Sai Krishna Muthyanolla


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Review: Delhi HC Says That a Landlord Can’t be Made to Suffer Indefinitely for Tenant’s Misconduct
Sai Krishna Muthyanolla
December 14, 2022
In this week’s review of Court Judgments, we look at the Supreme Court’s plea to the Central government to bring in amendments to the survivorship rights of tribal women, Delhi High Court’s judgment that the mother’s choice & quality of the unborn child’s life to be deciding factors for abortion, and it’s judgment to de-seal a property, Allahabad court’s denial of bail application of a rape accused and Madras High Court upholding the sentence under POCSO Act.
Delhi HC: Mother’s choice & quality of unborn child’s life deciding factors for final decision for abortion
In the case Mrs. X vs. GNCTD & Anr, Delhi High Court ruled that the mother has the ultimate choice in pregnancy cases involving foetal abnormalities and also emphasised that the medical boards must give qualitative reports in such cases.
The petition was filed by a 26-year-old married woman seeking medical termination of the foetus over 33 weeks suffering from cerebral abnormalities. In the petition, the woman stated that although she underwent various ultrasounds since the inception of her pregnancy, a cerebral abnormality was found in the foetus only on 12 November 2022. This abnormality was confirmed by another ultrasound couple of days later.
The court stated that the right of a pregnant woman to terminate her pregnancy or abort the foetus is a subject matter of debate across the world. India is among the countries that recognises the choice of the woman in its law and have recently also amended the law permitting the termination at an advanced stage under certain circumstances.
The court opined that the cases involving foetal abnormalities highlight the severe dilemma that women undergo while taking a decision to terminate a pregnancy. It observed that Section 3 (2B) of the MTP Act relaxes the conditions of the length of pregnancy in cases of substantial foetal abnormalities. However, the act does not define what constitutes these substantial foetal abnormalities.  The court took note of the definitions in the abortion-related laws of other countries.
Justice Prathiba M. Singh highlighted that judicial precedents in India have supported the rights of women to abort or medically terminate the pregnancy, depending upon – the gestation period, medical condition of foetus, physical and mental health of the woman etc.
Apart from allowing for termination of pregnancy, the court also stated that the medical board has not been able to give a categorical opinion as to the degree of handicap or as to the quality of the child after birth, with certainty.
Supreme Court: Scheduled Tribe women not entitled to any ‘Right of Survivorship” under Hindu Succession Act.
As per the details of the case, Kamla Neti (D) vs. Special Land Acquisition Officer, the Land Acquisition Reference Court rejected the claim of the share of a woman in the compensation, on the grounds that as the parties belong to a Scheduled Tribe Community, the provisions of the Hindu Succession Act are not applicable. Therefore, her being a daughter shall not be entitled to the share in the amount of compensation. This view was also upheld by the Orissa High Court.
In the appeal filed with Supreme Court, the appellant relied on the case of Madhu Kishwar & Ors vs. State of Bihar & Ors, to contend that her being a daughter is entitled to a share in the compensation.
Although it struck down the appeal, the court added that there is no justification to deny the right of survivorship so far as the female member of the tribal is concerned. It urged the Central Government to consider whether it is necessary to bring a suitable amendment to Hindu Succession Act in this regard.
Allahabad HC: Denies bail to Rape accused stating that even if consent is presumed, willingness was absent.
Allahabad High Court looked into the definition of ‘rape as per Section 375 of IPC and observed that the offence of rape is made out even if there was consent on the part of the victim, however, if willingness was absent.
It highlighted that as per Section 375 of IPC, sexual intercourse under 7 circumstances constitute rape and these circumstances are independent of each other i.e., even if one of the seven conditions is met, an act may amount to rape.
The court was dealing with the bail plea by a man who was booked under Section 376D of IPC and 5/6 of the POCSO Act, 2012 for allegedly raping a 17-year-old girl.
As per the prosecution, the victim was in touch with the applicant through mobile chatting. On 17 January 2020, the victim was enticed away by the accused on the pretext of giving her some gifts and on the promise that they shall return within a period of one hour. He took her to a room and raped her. Two other co-accused and another unknown person also committed rape with her and threatened to kill her father and brother if she revealed their identity to anyone.
The victim contacted her father and dialled the 100 number to the police. Police retrieved her and registered the case against the accused and arrested them. However, when submitting the final report, the Investigating Officer exonerated the co-accused persons.
The accused moved to the High Court seeking bail arguing that the victim is a consenting party and highlighted other circumstantial evidence to support the claim.
The court noted that as per the final report, the conversations between the applicant and the victim do indicate proximity between the two, but it also highlights that the victim’s age falls below 18 years, which is the legal age for consent.
Therefore, even if there is consent, it is insignificant. It further stated that even is consent is presumed, willingness is absent as indicated by the medical examination report of the victim.
The court found the bail application devoid of any merit and dismissed the same.
Delhi HC: Landlord can’t be made to suffer indefinitely for tenant’s misconduct
In the case, Farida Begum vs. Govt. of NCT of Delhi through Dy Labour Commissioner & Anr, the Delhi High Court directed the Delhi government to de-seal a property which was sealed last year after it was found that the tenant has engaged children for his tailoring business. The court observed that the landlord cannot be made to suffer indefinitely due to the misconduct of the tenant.
The petitioner has rented out the property to a man last year. The tenant was found to have engaged children in the business of stitching/tailoring on the property. The premises was duly sealed, and an FIR was registered at Gandhi Nagar police station. During the inspection of various properties in the area, a total of 30 children were found to have been working on various premises. As per the police, the tenant is absconding.
The petitioner has argued that she cannot be made to suffer due to the misconduct of the tenant and has sought a de-sealing of the property.
The Court took cognisance of the petition of the landowner and stated that the petitioner is merely a landlady of the property and that the rent was one of the sources of income. It highlighted that there are no allegations against the petitioner of having been complicit in any manner with the tenant, and hence the petitioner ought to be permitted to use her property. The court directed the government to de-seal the property.
Madras HC: Upholds a conviction and sentence of a man in POCSO case.
Justice P Velmurugan has upheld the conviction and sentence of a person accused of kidnapping and forcibly marrying a 17-year-old girl.
He was convicted by the trial court under Sections 366 of IPC, Section 5(I) of the POCSO Act and Section 3(1)(r)(w)(i) r/w 3(2)(Va) of SC/ST Act and sentenced to rigorous imprisonment for a period of 10 years.
The counsel on behalf of the accused has referred to Vijayalakshmi  & Anr vs. State by Inspector, wherein the court has observed that the legislature must take into consideration the cases of adolescents involved in relationships and should swiftly bring in necessary amendments under the POCSO Act. The argument presented as that the victim, who was between 16-18 years of age, cannot be treated as a minor.
Justice P Velmurugan stated that the opinion not to consider 17-18 year-olds under POCSO was the opinion of that judge in the case and may not be found in all cases, as the law defines that the person who has not completed the age of 18 years, is a child.
It refused to grant any relief to the convict based on this argument. It observed that the victim was a minor and was taken into custody by the appellant without her knowledge or consent of her natural guardians and proceeded to commit an assault on her. This offence falls under Section 5(I) which is punishable under Section 6 of the POCSO Act.

created: December 14, 2022


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Delhi HC says while custodial interrogation is an effective method for crime solving, personal liberty also needs to be balanced.
Sai Krishna Muthyanolla
April 20, 2022
In this weekly review of important Court judgments, we look at Supreme Court’s observation regarding a sale deed executed for a property, Patna High court’s remarks regarding the custody of a minor child, Madras High court’s observation on not requiring a writ petition when there are alternative solutions in place and Delhi High court’s observation regarding custodial interrogation & granting of anticipatory bail.
Patna HC: Father’s custody of Minor below five years is not illegal as per Guardians & Wards Act
In the case of Smt. G.S.S Sitara vs. The State of Bihar & Ors, Justice Ashwani Kumar Singh remarked that custody of a child aged below five years with the father cannot be said to be illegal. However, despite these remarks, the court ruled in favour of the mother, considering other factors.
As far as the case is concerned, the petitioner and the respondent in the case had marital discord and have two children – one female & one male. In view of the anger issues related to the respondent i.e., the father, the petitioner was living separately with the two children. In the present case, it is alleged that the father took the girl child who is less than three years, stating that the child would be returned to the mother after two days. But he failed to do so and has continued to not give the child back to the petitioner.
Separately, the petitioner has also filed a maintenance petition and her mother has also filed a case related to domestic violence. In the petition, the mother has further stated that the father is not in a situation to provide care to the child, in view of his professional work.
In his observations, the judge remarked that, as per Section 6(a) of Guardians and Wards Act, 1956, the father is the natural guardian of a boy or an unmarried girl and as per Section 6, clause (a), after the father, the mother is a guardian. However, there is an exception to this clause which says that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.
The Judge remarked that, although there is an exception it does not render the custody of a minor child illegal.
The Bench added that Section 13 of the Act is the guiding factor, where-in the welfare of the minor is of paramount consideration and the court needs to consider the “best interest of the child test.”.
In view of the details of the case and the situation, the court has granted the custody to mother.
Madras HC: Writ Petition is not maintainable to enforce the Arbitral Award
Responding to a Writ Petition, the Single Bench of Justice G.K Ilanthiraiyan of the High Court of Madras observed that a Writ petition cannot be filed to enforce the arbitral award if an alternative remedy is already available in Arbitration and Conciliation Act, 1996 (A&C act), which in itself is a complete code.
In the case of D. Nagarathinammal vs. The Project Director, National Highways Authority of India and Anr., the respondent i.e., the National highway authority of India (NHAI) acquired lands from the petitioners for constructing a By-pass on the National Highway. The petitioners were aggrieved with the compensation provided and filed a reference before the arbitrator for enhancement of the compensation. The arbitrator enhanced the compensation accordingly.
The petitioners approached NHAI for the arbitral award but there was no response. Hence, they filed a writ petition directing NHAI to pay the award. NHAI i.e., the respondent stated that the writ petition is not maintainable because the petitioners have an option of filing for the enforcements within the Arbitration and Conciliation Act, 1996, itself.
The Court observed that there is no restriction on filing a writ petition for matters arising out of arbitration, but it would be entertained only in exceptional circumstances. The court acknowledged the counts under which the petitioner has filed a writ petition including, that there is a delay of more than a year to provide the compensation. But it observed that the petitioner has filed a writ petition instead of filing an enforcement application under A&C Act provisions.
Hence, the court made an observation that a writ petition cannot be filed for enforcement of an arbitral award where an alternate remedy is available.
Further, the court directed NHAI to deposit the enhanced amount along with interest with the competent authority, who ought to disburse the amount to the petitioners in case NHAI fails to obtain interim relief against the award within four weeks.
Delhi HC: While custodial interrogation is an effective method for crime-solving, personal liberty also needs to be balanced.
In the case Mukesh Khurana vs. State of NCT Delhi, Justice Asha Menon has granted the plea seeking anticipatory bail in connection to an FIR registered under Sections 420, 406 & 34 of IPC.
The FIR was lodged by an authorised representative of M/s. Vaishali Infratech Pvt. Ltd, on allegations of cheating & misappropriation.
The bail applicant was a builder, in whose project the complainant has booked 11 flats and an amount of Rs. 1.33 crores were paid up as 75% consideration. Mukesh Khurana, the applicant was the promoter and Director of M/s. Rudra Buildwell Pvt. Ltd. Although the flats were to be constructed and handed over by 2018, the complainant did not receive the handover. The complainant has further come across a charge intimation to the Registrar of the companies filed by the builder regarding the sale of the very same 11 flats to others.
The court observed that interrogation of the suspect is an effective way of crime-solving but the personal liberty of the individual also needs to be considered.
The merit and facts of each case would determine the bail application. In this case, since the interrogation would not be hampered without the custodial interrogation, anticipatory bail was granted.
Supreme Court: Once the vendor admits execution of agreement & payment of consideration, nothing further to be proved by the vendee.
Supreme Court bench comprising of Justice M.R. Shah & B.V Nagarathna have in the case P. Ramasubbamma vs. Vijayalakshmi And Ors allowed an appeal which set aside the order of the trial court, that granted a decree for specific performance of an agreement to sell. The Supreme Court states that once the execution of the agreement to sell and payment of advance is admitted by the vendor, there is nothing further to be proved by the vendee.
As per the case details, the appellant stated that she has entered an agreement with one of the respondents to purchase a property for Rs. 29 lakhs for which an advance of Rs. 20 lakhs were paid. Later, a further Rs. 6 lakhs were paid on demand. However, the respondent did not execute the sale deed. It was later found that a separate sale deed was executed by the second respondent (who was given the power of attorney) of this case with others i.e., the subsequent purchasers. Accordingly, a legal notice was served, urging the execution of the sale deed, but there was no response from the respondent i.e., the vendor.
In the suit filed by the purchaser i.e., the applicant in a trial court, the respondent conceded to the execution of the agreement to sell, and the consideration was paid. The trial court decreed the suit as the original owner has admitted the execution of sale in favour of the appellant. However, an appeal was filed by the subsequent purchaser to whom the second respondent has executed the sale deed. The Karnataka High Court has quashed and set aside the order of the Trial court as there was no request to declare the subsequent sale as null and void.
This was challenged in the Supreme Court along with the other transaction executed. An argument was put forth that the Karnataka High court has erred in not considering the second transaction as null and void. After reviewing the details of the case, the Supreme court opined that once the execution of the agreement to sell and the payment of advance substantial sale consideration was admitted by the first respondent, there is nothing further required to be proved by the appellant (the original vendee).
The Supreme Court was also of the view that the High court could not have quashed the decree of the trial court on the ground that there was no specific cancellation of the sale deed executed in favour of the subsequent purchasers.
Featured Image: Important Court Judgements


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Review: DISCOMs and the many issues they face
Sai Krishna Muthyanolla
July 7, 2020
Under the Atmanirbhar Bharat package, the central government announced a ₹ 90,000 crore liquidity support for DISCOMs which have been hit hard by the COVID-19 lockdown. The issues faced by DISCOMS are not new. Here is a review.
To address the financial challenges being faced by power distribution companies or DISCOMs, governments over the years have taken up various initiatives, the latest being the Ujwal DISCOM Assurance Yojana, popularly known as UDAY Scheme, launched in 2015. As industries and commercial establishments which are the main source of revenue for the DISCOMs were shut during the nation-wide lockdown, the fiscal health of the already ailing DISCOMs has worsened further. To mitigate some of the problem of DISCOMs, structural reforms in power sector were announced by the Finance Minister as a part of the Atmanirbhar economic package.
There are three main processes that run the power sector
Power generation, transmission, and distribution are the three main processes involved in the power sector.
First, electricity is generated in thermal, hydel, or nuclear power stations. India’s installed capacity for power generation recorded a compounded annual growth rate (CAGR) of 8.9%, an increase from 124 GW to 344 GW between 2006 and 2018. India is now the third largest electricity generator in the world.
The generated electricity is then transported over hundreds of kilometres to load centers using transmission lines and transmission towers to supply power to consumers. This stage connects electricity producers and end-consumers. Transmission has taken rapid strides in India, with a CAGR of 7.2% between fiscals 2012 and 2018, raising India’s transmission line capacity to 3.9 lakh ckm (circuit kilometre).
The third stage which involves the distribution of power to all the consumers across the nook and corner of the country is where the DISCOMs come into the picture. These are predominantly owned by the state governments. Private DISCOMs are also operational in India but are limited to a few cities such as Tata Power Delhi Distribution Ltd and Reliance Energy Ltd in Mumbai. The distribution sector continues to be the weakest link in India’s electricity value chain due to multiple reasons- low tariffs, huge aggregate technical and commercial losses, poor investments in infrastructure, indebtedness, poor maintenance, and outdated networks.
Multiple reforms have been announced by different governments to lift ailing DISCOMs
Financial reforms were introduced from time to time. In 2001, a bailout package was announced for State Electricity Boards with the objective to help reduce their debts. ₹ 35,000 crores worth debt was converted into state government bonds and 50% of the interest outstanding was waived off. In 2012, during the UPA, a financial restructuring package was announced by the then government in order to save the DISCOMs from becoming Non-Performing Assets (NPAs) in banks because of slippages in repayment of loans. This was expected to reduce the financial stress on DISCOMs and financial institutions. However, the DISCOMs continued to report losses.
UDAY scheme was launched in 2015
To help the debt-ridden state owned DISCOMs revive, the Central Government launched the voluntary Ujwal DISCOMs Assurance Yojana (UDAY) scheme in 2015. The objective of the scheme was to improve the operational and financial efficiency of the DISCOMS. For this, a substantial debt (75%) of the state owned DISCOMs was to be taken over by the states. Only by relieving the DISCOMs of the huge debt burden could the government’s programs such as 100% rural electrification and 24*7 power supply could be achieved.
Loss of DISCOMs is calculated as Aggregate Technical and Commercial Losses, abbreviated as AT&C Losses, which reflects both-
There has been a slight reduction in AT&C loss in the last seven years
Data from Lok Sabha and from Rajya Sabha answers reveals that the AT&C losses at the national level have dropped from 25.48% in 2012-13 to 18.19% in 2018-19. Between 2016-17 and 2018-19, the AT&C loss has continuously reduced each year. However, it has to be noted that data for certain big states like Delhi. Odisha & West Bengal is not available for the year 2018-19 as per the Rajya Sabha answer which may slightly increase the reported 18.19% losses in 2018-19.
The enrolment in the UDAY scheme is voluntary, implying that states can choose whether or not they wish to avail the benefits of the scheme. Despite the voluntary nature of the scheme, a total of  32 States/UTs have currently enrolled under UDAY. Odisha, Delhi, and West Bengal are not a part of the scheme as yet.
In 2018-19, many states have reported the least loss in seven years
As per the 2018-19 data for AT &C losses, six of the states with greatest loss percentage are Mizoram, Jammu and Kashmir, Sikkim, Meghalaya, Jharkhand and Madhya Pradesh. Mizoram’s DISCOMs have reported AT&C loss of more than 68%, which is more than three times the loss reported in the previous year. Even though the losses in Jammu and Kashmir, Meghalaya and Sikkim are higher compared to other states in 2018-19, the loss reported in these states is among the lowest in the last seven years between 2012-13 & 2018-19. Meanwhile, in Jharkhand, the AT & C losses have reduced in the last three years, but in Madhya Pradesh, the losses in 2018-19 are the highest in seven years.
In 2018-19, a total of 12 states and union territories reported  AT& C losses of less than 15%, as per UDAY scheme target. Himachal Pradesh has had the least loss in 2018-19 with only 8%. In fact, the loss as reported by the DISCOMs in the states of Himachal Pradesh, Goa, Kerala, Telangana, Punjab, and Gujarat, is the least in seven years. Andhra Pradesh too has been reporting less than 20% loss consistently in the last seven years.
Although some states have maintained their loss below 20%, the large power consuming states such as Maharashtra, Uttar Pradesh, and Madhya Pradesh, are far from reaching the targets under UDAY.
DISCOMs have been severely hit by the COVID-19 lockdown
The nation-wide lockdown due to COVID-19 was imposed from 25 March 2020. As a result of lockdown, operations of commercial establishments and industries came to a grinding halt, which are the major source of revenue for DISCOMs. Domestic consumption of electricity increased during this period as people were confined to their houses. With the easing of lockdown restrictions, commercial spaces and industries are gradually re-opening. However, the loss because of lockdown is huge because of cross subsidy that DISCOMS traditionally provide. Agricultural consumers and domestic consumers pay a lower tariff which is compensated by a higher tariff for commercial & industrial establishments. With the lockdown being near complete for about 2-months, DISCOMS revenue took a huge beating.
Under Atmanirbhar Bharat, government announced a liquidity injection of ₹ 90,000 crores
The Finance Minister announced a liquidity injection of ₹ 90,000 crores for DISCOMs for clearing their outstanding dues.
Furthermore, a Tariff Policy Reform taking into consideration the consumer rights, as well as to promote industries and sustainability will be released. The government has also proposed the privatization of power departments in union territories for improving their operational and financial efficiencies. However, the draft 2016 National Tariff Policy already covers some of these points. Some of these changes may be made operational with the Electricity Amendment Bill, 2020’. However, as explained by FACTLY earlier, some states have been vehemently opposing this amendment.
Root cause of the issue needs to be addressed
DISCOMs have been facing severe losses for many years despite the various reform measures. Considering the inability of past reforms and bailout packages in reforming DISCOMs, it is high time the governments address the root cause. For starters, billing and payments needs to be more efficient. The billing by physical visits has been severely affected due to COVID-19. Smart meters have to made mandatory throughout the country to overcome these operational losses. Governments have to make their share of payments to DISCOMs for the cross-subsidies offered. Experts have suggested way forward for the DISCOMs as sector is poised for massive structural changes. These also have to be looked into by the governments.
Featured Image: UDAY Scheme


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Review: ‘Emissions Gap Report-2022’ Finds the International Community is Falling Far Short of the Paris Goals
Sai Krishna Muthyanolla
November 14, 2022
UNEP’s latest report released ahead of COP27, ‘Closing Window – Climate crisis calls for rapid transformation of societies’ finds that the international community is falling far short of the Paris goals, with no credible pathway to 1.5°C in place. The latest report is a testimony to inaction on the global climate crisis.
The United Nations Environment Programme (UNEP) recently released the thirteenth edition of the annual Emissions Gap Report ahead of the 27th Conference of Parties that is taking place in Sharm el-Sheikh, Egypt. As the name suggests, the report highlights the global trends in emissions of greenhouses gases (GHGs) and provides an overview of the gap between the projected emissions by 2030 and the levels to be maintained as per the Paris Agreement in order to limit the global temperature rise to well below 2°C.
The latest report, ‘Closing Window – Climate crisis calls for rapid transformation of societies’ finds that the international community is falling far short of the Paris goals, with no credible pathway to 1.5°C in place. The latest report is a testimony to inaction on the global climate crisis. It noted that despite the decision made in COP26 in 2021 held at Glasgow, UK to strengthen Nationally Determined Contributions (NDCs) for 2030, the progress has been poor.
Global GHG emissions are reaching new record levels
According to the report, the rate of growth of global GHG emissions was slower than in previous decades. The average annual growth rate was 1.1% per year between 2010 and 2019, while it was 2.6% in the period from 2000 to 2009, thanks to the reduction in new coal capacity additions and the shift to gas and renewable energy sources instead of coal.
However, the total global GHG emissions were 54.4 gigatons CO2 equivalent (GtCO2e) between 2010 and 2019, the highest ever. The emissions are expected to remain the same as in 2019 levels or increase further in 2021. GHG Emissions excluding that from land use, land use change, and forestry (LULUCF) was 52.8 GtCOe in 2021 as compared to 52.6 GtCOe in 2019. In 2020, because of the pandemic, the total global GHG emissions dropped 4.7% compared to 2019. It was the largest single-year absolute drop since 1970. Nonetheless, towards the end of 2020, the CO2 emissions from fossil fuel and industry had rebounded.
G20 countries are alone responsible for 75% of the emissions globally
In 2020, seven countries (China, USA, European Union, India, Indonesia, Brazil, and Russia which are G20 members) and international transport contributed to more than 55% of the total GHG Emissions. The emissions of these 8 emitters were 32.8 GtCOe in 2019, dropping by 3.8% to 31.5 GtCO2e in 2020. Together, G20 nations contributed to 75% of the total emissions in 2020. The emissions from China, India, Russia, Brazil, and Indonesia in 2021 were higher than in 2019, the year before the pandemic. While the emissions had increased by 5.9% in China and 6.8% in Indonesia in this period from 2019 to 2021, the emission from international transport was 15.9% lower than the pre-pandemic levels.
Though in 2020, India became the third highest emitter of GHG after China and USA, the per capita GHG emission of India was only 2.4 tCOe, much lower than the global average of 6.3 tCOe. The average annual per capita emission of least developed countries was 2.3 tCOe, as per the report. On the other hand, despite a decline in the per capita emissions in the last decade, the per capita emission of the USA was 14 tCO2e and Russia’s was 13 tCO2e. Among the other top emitters, the per capita emission of China was 9.7 tCO2e while Brazil’s and Indonesia’s were 7.5 tCOe each and European Union’s was 7.2 tCOe.
USA and EU responsible for 42% of the cumulative emissions between 1850 to 2019
The USA contributed to 25% of the total fossil CO emissions from 1850 to 2019 while European Union contributed to 17%. China was responsible for 13% and Russia 7%. Only 3% was contributed by India and 1% each by Brazil and Indonesia. The least developed countries contributed to 0.5% of the total emissions during this period.
Going by the current practices, a 2.8°C hike in temperature is expected by 2100
Nationally Determined Contribution (NDC) is a climate action plan to cut emissions and adapt to climate impacts. Countries define targets, and measures to reach them, and monitor the progress toward achieving the target. In COP26, member countries adopted the Glasgow Climate Pact and revised their NDCs with strengthened targets to achieve the Paris targets. But the revised NDCs were such that they could only reduce the projected greenhouse emissions by 1% by 2030. It is roughly equivalent to 0.5 gigatonnes of CO. In other words, these would make negligible difference to the projected emissions in the next 8 years. Also, none of the G20 members are on track to achieve the new or updated NDCs.
If the policies currently being implemented are not improved, a 2.8°C increase in temperature is anticipated in this century as against the Paris targets to limit the temperature rise to 2°C and 1.5°C. Even if all the unconditional NDCs or those NDCs for which countries do not require any financial or technical support from other countries are achieved, the temperature can still rise by 2.6°C by 2100. If the conditional NDCs are also achieved, then the temperature rise can be limited to 2.4°C. If all the NDCs and net-zero commitments made are achieved, a 1.8°C increase is expected. However, this is highly unlikely considering how far all the countries are from the short-term NDC targets.
GHG Emissions must be cut by 30 to 45% to achieve the Paris Targets. For this, GHG emissions must be brought down by ‘unprecedented levels’ by 2030, and even after that, the emissions must continue to decline. To bring down GHG emissions by such massive levels, ‘wide-ranging, large-scale, rapid and systemic transformation’ is required in a limited period.
Food systems are responsible for one-third of all emissions
The report focuses on Food systems, which account for one-third of all emissions or 18 GtCO2e a year in addition to being contributors to other environmental damage like land-use change, biodiversity loss, depletion of freshwater resources, and pollution of aquatic and terrestrial ecosystems. About 39% of this (7.1 GtCO2e) was from agricultural production which includes the production of inputs such as fertilizers. Changes in land use contributed to 32% (5.7 GtCO2e), and supply chain activities were responsible for 29% (5.2 GtCOe). Supply chain activities include retail, transport, consumption, fuel production, waste management, industrial processes, and packaging.
Study revealed that emissions from food sector alone were enough to override Paris targets
It has been projected that food system emissions alone could reach 30 GtCOe/year by 2050. An analysis by Our World in Data revealed that even if fossil fuel emissions are reduced to zero, the emissions from the food sector alone were enough to raise the temperature to 1.5°C. The United Nation’s Food and Agriculture Organization (FAO), CGIAR and The Rockefeller Foundation are hosting the first official ‘Food and Agriculture Pavilion’ at COP27 to have dedicated discussions on food system and agriculture.
In this regard, the report calls for demand-side dietary changes (including tackling food waste), protection of natural ecosystems, improvements in food production at the farm level and decarbonization of food supply chains which is expected to bring down the emissions to one-third of the current levels by 2050. Else, the emissions are expected to double. Further, changes at individual level and involvement of private sector along with government support like subsidies and tax reforms have been suggested.
Financial system should overcome its constraints
An annual investment of USD 4-6 trillion is necessary for global transition to low-carbon economy. To make this possible, the report calls for a transformation of the financial system and its structures and processes, engaging governments, central banks, commercial banks, institutional investors, and other financial actors. Six approaches to public policy have been suggested in the report to help with finance. These are:
India has approved updated NDCs
Meanwhile, the Indian government approved an update of India’s NDCs. Some of the policy measures taken by the Indian government include the promotion of electric vehicles (EVs), the inclusion of agroforestry and private forestry, solarization of agricultural pumps, clean cooking (by shifting to liquefied petroleum gas [LPG]), rooftop solar PV, among others. In recognition of the role of lifestyles, the movement Lifestyle for Environment (LIFE) has been proposed to foster a citizen-centric approach to combat climate change.
Featured Image: Emissions Gap Report, 2022

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Review: From working conditions to leaves to pay, the Parliamentary Standing committee makes recommendations on many issues relating to Women Teachers
Sai Krishna Muthyanolla
July 25, 2020
The parliamentary standing committee on ‘Empowerment of Women’ addressed many issues relating to Women Teachers in its recent report. From working conditions to pay to recruitment rules to leaves, the committee looked at many issues. Here is a review.
The parliamentary standing committee on Empowerment of Women empowerment listed out 13 recommendations in their report on ‘Working conditions of women teachers in schools’, which were categorized into five broad categories. Two of the categories were discussed in the previous story. In this story, the remaining three categories concerning the workload, facilities, recruitment, representation, and condition of ad-hoc & contractual teachers, and pay parity will be discussed.
Source: Press Release, Lok Sabha Committee on empowerment of women
Workload of Teachers
Issue: As per RTE, 2009, teachers shall be deployed for only three non-teaching works: election duty, census, and disaster relief. Yet, women teachers were engaged in school maintenance, repair work, procurement of stationery, bill payments, etc. and that too alone beyond school hours, according to North Delhi Municipal Corporation. This is not safe and extra work can take a toll on mental health of the teachers which might affect their teaching quality.
Recommendation: Recruitment of clerical staff to carry out non-academic work would reduce the burden on teachers. Furthermore, a policy level intervention has also been suggested to ensure that the deployment of teachers for election duties or census does not affect their teaching.
Action taken: While clerical staff have been employed at schools like JNVs, and KVs, in schools under East and North Delhi Municipal Corporations, Headmaster/ Headmistress who are free from teaching work carry out the non-academic work.
Availability of Toilets
Issue: Unavailability of toilets is one major reason for the drop out of girl students at the secondary school level. Separate toilets should be made available for girl students and women teachers. In East Delhi Municipal Corporation separate toilets were available for females but shared between female teachers and female students. Meanwhile, schools of New Delhi Municipal Council, KVs, and JNVs had well maintained separate toilets for female teachers. However, in some schools, the number of toilets were not increased in proportion to the number of teachers.
Action taken: Under the Swachh Vidyalaya Initiative undertaken by MHRD, over 4.17 Lakh toilers were constructed across 2.61 lakh government schools in a year up to 15 August 2015. Under the Samagra Shiksha scheme for States and UTs, annual budgetary allocation is made for improving infrastructure including toilets construction. Over 5.14 lakh separate girls’ toilets and 3.83 lakh boys’ toilets were constructed up to March 2019. The municipal corporations in Delhi too had taken steps to construct separate toilets for female staff.
Comments of the committee: The committee lauded the efforts taken by MHRD, MHA, Directorate of Education, and the municipals corporations in Delhi. The committee noted that proper maintenance and upkeep of toilets should be ensured through regular water supply.
Transfers/Postings of Women Teachers
Issue: Transfers/postings are given to women teachers prioritizing spouse unification, location of residence after marriage, and transfer to place of their choice. The committee re-iterated that it was necessary to have a humane approach towards transfer and posting of women teachers as this played an important role in empowering them.
Recommendation: MHRD was asked to share the best practices of not just Karnataka model (Teacher transfer in Karnataka is governed through legislation) but the best practices from other states for teacher transfer with all the states and UTs. Also, favorable transfer policy for women teachers which cannot be misused needs to be drafted. Further, to ensure transparency in the process, the committee recommended the ministry to prepare a robust and system-based transfer policy.
Action taken: MHRD stated that it had advised states and UTs to adopt the best practices of other states and shared the same through the SE SHAGUN portal. JNVs have an online automated transparent policy. Likewise, North Delhi Municipal Corporation has implemented an online transfer policy where teachers can choose and apply for transfer on their own.
Relaxation of Recruitment rules
Issue: There could be multiple reasons which force women to take a break from their education & career. Thus, there are relaxations in maximum age limit for teaching posts for women, especially from reserved categories. However, the relaxation across different schools is not uniform. The age relaxation for TGT female teachers is 10 years in NDMC whereas schools under Delhi Government do not provide any relaxation for PGT teachers.
Recommendation: MHRD was asked to re-examine the existing provisions on age relaxation in recruitment rules and bring relaxation in provisions for TGT and PGT Teachers at par with each other. Further, the concerned authorities should provide support to women teachers to pursue postgraduation or PhD.
Action taken: MHRD stated that National Council for Teacher Education (NCTE) was given the authority to prescribe age limits for teachers. KVs and JNVs provide 10 years age relaxation irrespective of category. New Delhi Municipal Council provides female assistants with full pay leave for one year to qualify B.Ed or higher-level courses through SCERT.
SC & ST representation among Women Teachers
Issue: MHRD data on JNVs shows that SC representation of women in Bhopal region was only 62 out of 580 teachers, while in Hyderabad region, the same was 12 out of 586. In Jaipur region, only 23 out 444 women teachers were from ST community while Lucknow region reported 19 out of 587. This indicates under representation of weaker sections of society.
Recommendation: MHRD was asked to immediately look at the reasons behind the shortfall and fill up the vacancies reserved for the communities.
Action taken: In KVs, it has been stated that there is no shortfall in SC and ST community employees. JNVs stated that there is not any specific reservation policy for female teachers. Department of Education, Delhi informed that percentage of women teachers from ST and SC categories was 3.31% and 16.32% respectively.
Pay parity of Contractual Teachers
Issue: In Kasturba Gandhi Balika Vidyalaya, it was observed that majority of the teachers were contractual, and their pay was much lower than what other teachers received. The teachers were also on contract for many years. Thus, the committee expressed its concern over the working conditions of teachers hired on contractual or ad-hoc basis.
Recommendation: Selection process of ad-hoc teachers should be made transparent. They should be given full salary and all allowances as per rules. Unqualified or under qualified teachers should not be appointed by schools as ad-hoc teachers. Measures to overcome shortage of women teachers should be taken up immediately to ensure educational standards are not compromised.
Action taken: States have their own set of salaries and allowances payable, according to MHRD. In JNVs, the process of recruiting contract teachers is transparent. South DMC stated that the payment given is on par with that of regular teachers. All the concerned institutions stated that only qualified teachers are hired.
Leave Rules
Issue:  Many school authorities refuse to sanction Child Care Leaves for women employees even in genuine cases. Also, surplus teachers are unavailable at schools to substitute for teachers on leave.
Recommendation: Measures to overcome challenges of teachers to apply for leave should be taken up. Minimum 10% extra teachers should be recruited.
Action taken: In JNVs and KVs, regular employees get a maternity leave of six months and Child Care Leave for 2 years. CCS Leave rules notified by the central government are applicable to all teachers in schools under Department of Education and Delhi Municipal Corporations.
Pay Parity in Private Schools
Issue: Teachers in private and un-aided schools are being paid salaries in cash or kept on contract for years. There can be disparity in salary payment.
Recommendation: Ministry must conduct audits to know ground reality. Rules and regulations for private and unaided schools should be formulated and enforced. Salaries should be routed through government educational authorities and cash payment should be avoided.
Action taken: CBSE had listed out various provisions incorporated in affiliation bye- laws. However, the committee has not accepted this response.
Featured Image: Issues relating to Women Teachers


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Review: Global Food Insecurity set to rise because of COVID-19
Sai Krishna Muthyanolla
July 28, 2020
The latest ‘State of Food Security and Nutrition report of 2020’ released by the FAO indicates that the number of undernourished persons in the world has increased by around 60 million in the last 6 years. The UN also estimates that the number of people facing acute food insecurity is set to double in 2020, because of COVID-19 if adequate & swift corrective measures are not taken.
In 2015, the member states of the United Nations accepted the 17 Sustainable Development Goals which act as a blueprint for achieving a better and more sustainable future for all. This is to be done by addressing the global challenges the world is faced with including poverty, malnutrition, and food security. Despite such a goal in place, the number of hungry people globally has been increasing since 2014 even if slightly.
More than a quarter of world’s population already faces some level of food insecurity
The number of undernourished persons in the world rose to 687.8 million in 2019 which is 8.9% of the world population. The number is approximately 60 million more compared to 2014, reveals the State of Food Security and Nutrition report of 2020, released recently by the Food & Agriculture Organization of the United Nations (FAO).   If this trend persists, the FAO has projected that by 2030, the number of undernourished persons would rise to over 841 million persons, which would be a number greater than that in 2005. It has to be noted that these projections were made without taking into consideration the setback caused by the COVID-19 pandemic. People may go hungry or reduce their intake of food in the wake of the crisis. In 2019, around 2 billion people, almost 26% of the world’s population, experienced hunger or lacked access to nutritious and sufficient food as per the report.
In 2020, COVID-19 coupled with the locust infestation is expected to exacerbate food insecurity
The previous editions of the report cited that conflict, climate variability, and economic slowdowns acted as hindrances on the path to achieve the global target. COVID-19 pandemic is expected to only aggravate this problem. Desert Locust outbreaks in Eastern Africa, Arabian Peninsula, and parts of South Asia, especially amidst the pandemic, has only exacerbated the situation. What’s even worse is that these regions are among ones with a higher prevalence of undernourishment.
Source: SOFI, 2020
Acute food insecurity likely to double in 2020 due to COVID-19
The pandemic has brought about a setback to the years of progress achieved in this area. Without doubt, COVID-19 will result in more people getting exposed to food insecurity. FAO’s report projects that an additional 83 to 132 million persons will be pushed to the undernourished category because of COVID-19. Meanwhile, according to the UN World Food Programme, the number of people facing acute food insecurity is all set to rise to 265 million in 2020, up from 135 million in 2019, all due to COVID-19. Acute food insecurity refers to food insecurity as a consequence of unprecedented events. However, the severity and future of the pandemic is still uncertain, to make further projections.
Disruption in demand and supply of food crops witnessed
Both demand and supply of food have been disrupted because of the pandemic. The production of major food crops such as wheat, rice, maize, etc. is anticipated to be above average in 2020 by FAO. However, measures adopted to contain the coronavirus restricts labour mobility- affecting availability of migrant labour, access to markets, and transportation of the food produce.
Access to food and economic problems due to lockdowns imposed across the world is expected to impede the demand. The economically backward and vulnerable groups will be most affected as per the report. The low- and middle-income countries which are already suffering will face a major blow to their food security. Even countries where food security was not a problem are likely to encounter food insecurity now.
Healthcare services for maternal and infant health hindered due to pandemic
Healthcare centers have been overwhelmed because of the pandemic and this has affected their ability to extend childcare and antenatal care. Moreover, in developing countries, infectious diseases such as malaria, diarrhoea, tuberculosis, etc. are still prevalent and quality nutrition intake is a must. Lack of nutrient rich food further weakens their immunity which will increase their vulnerability to contract the viral infection. In India, school going children lack access to mid-day meals since education institutions are closed. In many countries,  community level activities intended to spread awareness on health and nutrition have also been suspended due to the pandemic.
Nutritional status of people to be affected
Due to limited mobility, women, children, and persons with disability will be more susceptible as they already lag behind in terms of accessing economic and financial resources. Nonetheless, the movement restriction will make it more difficult for persons to access food even if they are economically sound. Diet quality is also anticipated to deteriorate since people may tend to buy food with long shelf life which are generally processed and high in salt and sugar content.
These myriad socio-economic factors are expected to result in a fall of the population’s nutritional status. As of 2019, around 144 million (21.3%) children worldwide under five years of age were estimated to be stunted, 47 million (6.9%) wasted and 38.3 million (5.6%) were overweight, while a minimum of 340 million children suffered from micronutrient deficiencies.
Food prices are expected to increase compromising people’s ability to afford nutritious food
Countries that are heavily dependent on imported food as staples will be at a higher risk due to border closures. The World Bank has forecasted the deepest recession since World War – II due to the pandemic. The decreased economic activity because of the pandemic will result in high variation of food prices across and within countries. In order to avert increase in food prices, it is necessary that timely corrective interventions are taken by governments. For this, it is necessary that trade channels be allowed to stay open.
Policy recommendations to prevent increase in food price and ensure access to healthy diet at affordable price
In its report, the FAO has listed out a few policy recommendations to prevent increase in the cost of nutritious food and to ensure access to healthy affordable diet. These include
The progress of various countries has been seriously affected not only in the areas of poverty, malnutrition, and food security, but also in few other Sustainable Development Goals. It will be difficult for countries, especially the developing countries to get back on track to achieve the 2030 targets because of resource reallocation and the shifting of entire focus to strengthening healthcare systems. The pandemic has exposed a fragile interconnected system that calls for urgent repair.
Featured Image: Global Food Insecurity


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Review: Government body calls for self-reliance in Active Pharmaceutical Ingredients (APIs)
Sai Krishna Muthyanolla
September 26, 2020
Active Pharmaceutical Ingredients (APIs) are essential for the manufacture of various drugs. The Indian pharma industry is heavily reliant on imports for APIs and  more than 2/3rd of the API imports are from China. A status report by a government body has called for urgent policy & other measures to become self-reliant in APIs & other raw materials in the wake of changed global norms.
COVID-19 highlighted the dependence of major economies, including India and the US, on China for many products including pharma. The growing geopolitical tensions between India and China has resulted in the Indian government banning certain Chinese apps. The government has also tightened FDI norms for investments from China.
Even as things remain tense between the two neighbours, India’s pharmaceutical industry relies heavily on import of Active Pharmaceutical Ingredients (APIs) and imports from China make up for almost two-thirds of it. Noting this, the Technology Information Forecasting and Assessment Council (TIFAC) which is an autonomous organization under the Department of Science & Technology released a report on API which calls for scaling up the production of API in India in order to make India self-reliant in API production and reduce import dependence, especially from China.
API is required for the manufacture of drugs
Active Pharmaceutical Ingredients, abbreviated as API, are chemical compounds which are used to manufacture medicinal drugs and cause pharmacological activity or give direct effect in diagnosis, cure, or treatment of disease. Aspirin or Acetysalicylic Acid is the API used in tablets such as Ecosprin, Disprin, and Delisprin sold in India that used to prevent blood clot. Similarly, Acetaminophen or paracetamol is the API in Panadol, Dolo, and Crocin. APIs is therefore required for the production of drugs for many kinds of illnesses like flu, aches, diabetes, cancer, AIDS, malaria, infections.
India’s pharmaceutical is among the largest in the world
In terms of volume, India’s pharmaceutical industry is the third largest in the world, behind China and Italy while in terms of value, it is the fourteenth largest in the world. India Pharma industry has around 3,000 drug companies and about 10,500 manufacturing units, states the TIFAC report. In 2019, India’s domestic turnover reached Rs. 1.4 Lakh crore (equivalent to USD 20.03 billion) with exports to more than 200 countries worldwide. Import of APIs has increased in substantially because of cheaper import options from countries like China. Manufacturing of certain APIs has almost stopped in India.
India’s dependence on China for API has increased drastically post globalization
Before 1991, India was dependent on China for only 0.3% of its API requirement as per the TIFAC report. Following globalization, because of lower production cost due to mega manufacturing facilities in China, Indian companies began shifting to API imports from China. Final drugs are produced by Indian pharma companies for the domestic market and exports. Major destinations of India’s produce are USA, UK, South Africa, Russia, and Brazil.
Of the total import of API and intermediates worth Rs. 249 billion in 2019, around Rs.169 billion, amounting to 68%, was from China alone. In 2019-20, according to a Lok Sabha response, more than 87% of India’s API imports were from 10 countries alone. After China, USA had the second highest share with 3.53% followed by Italy with 3.02%. In 2016-17, China’s share was 66.69% which increased to 68.04% by 2019-20.
India depends fully on China for 19 APIs-Aspirin, Chloroquine, and Ranitidine, to name a few. Paracetamol, Vitamins C, B6, B1, B12, Ibuprofen, and Erythromycin are a few other APIs for which India depends on China for more than 63% of its requirements. Majority of these APIs are used for production of antibiotics.
China’s pharmaceutical industry has gone up from 9th position in 2007 to 2nd in 2019.
The pharmaceutical market in China has grown rapidly in the past few years. In 2007, China had the ninth largest market. Now, China’s market is the second largest globally, next to only the US. It is predicted that  China will soon overtake US also to gain the number one position. The Chinese pharmaceutical industry mainly produces basic chemicals and APIs. China is the global leader in production and export of APIs contributing to one-fifth of the global API output by volume. China’s production capacity is above 2 million tons per annum.
The major reason behind China’s ability to capture the global API market is the cheap and cost-effective production of APIs resulting out of the large-scale manufacturing. If India were to produce these APIs, the cost incurred would be 20% more than that of China. The infrastructure in China is also highly favourable for the producers. The average size of a SEZ in China is 10 to 15 times bigger than India’s. Land is subsidized with common waste treatment and utilities which help reduce the physical infrastructure cost to an extent.
Besides, financial support in India is also a concern. It is difficult to get financial support due to the banking practices and time-consuming processes. A study pointed out that the cost of finance in China was 5% to 7% as compared to 11% to 14% in India. The profit margin for Finished Pharmaceutical Products (FPPs) is higher than that for APIs because of which Indian pharma industry is concentrating on FPPs. Due to this, China has also started giving more prominence to FPPs of late.
India is dependent on China even for raw materials, chemicals, and solvents required for producing API
The raw materials required for production of APIs like solvents to be used, chemicals such as catalysts, surfactants, reaction promoters, etc. are also being imported by India. In fact, 60% of solvents, and chemicals being imported by India are from China. India’s overdependence on imports has made the industry vulnerable to price fluctuation and supply disruptions. For instance, when China clamped down on polluting industries earlier, there was a sudden increase in the price of APIs by 25 to 30%, reducing the margins for Indian drug makers. The production and export of APIs took a hit because of the pandemic in China which also impacted the industry in India.
Considering the importance of pharmaceuticals, it is not prudent to be dependent on another country for such a large share of requirements. India’s National Security Advisor Ajit Doval had pointed out earlier that this can be a national security threat. For instance, a halt in production of APIs in China would have resulted in an acute shortage of drugs in India in the middle of a pandemic. India must focus on increasing the scale of manufacturing, to make manufacturing economically viable. Indigenous production of raw materials must also be encouraged. However, environmental clearances for the sector are difficult since the pharmaceutical industry is listed among the most polluting industries in India. Improved & common waste treatment facilities that conform to the stipulated norms are the need of the hour.
US and Japan are also highly dependent on China for API
Not just India, but the USA, Japan, South Korea, and Germany are among the top importers of APIs from China  as of 2018 in terms of value. Netherland, Brazil, Italy, Spain, and Indonesia are also among the top ten importers of APIs from China. US imports 80% of the APIs required and China is the largest source. According to the FDA, in 2018, China was the second-largest exporter of drugs and biologics to the US, after Canada. Even the USA has taken measures to reduce its dependence on China for pharmaceutical requirements and is pushing for the purchase of American-made products.
The Indian government has been trying many different policy initiatives to support pharmaceutical industries for many years now. A committee was set up under V M Katoch in 2013 to study the issue during the UPA’s tenure. The year 2015 was declared the ‘Year of API’ to boost API manufacturing in India. Later in 2017, a draft Pharmaceutical Policy was prepared with the objective to provide guidance and nurture the pharmaceutical industry of India to regulate production and marketing of pharmaceutical products in India. However, there has not been much progress with the draft. A task force was also set in 2018 to revive API sector.
Two Schemes have been announced under Atmanirbhar Bharat for reviving the API sector
The Indian government is currently advocating for Atmanirbhar Bharat or self-sufficient India to revive the economy post the economic slowdown caused by COVID-19. A package to revive the API industry in the country has been announced as a part of the scheme.
Two schemes- Production Linked Incentive (PLI) Scheme for promotion of domestic manufacturing of critical Key Starting Materials (KSMs)/ Drug Intermediates (DIs) & Active Pharmaceutical Ingredients (APIs) and Promotion of Bulk Drug Parks were rolled out by the government in July this year. Under promotion of Bulk Drug Parks scheme, State implementing agencies which create common infrastructure facilities will be given financial assistance. Three Bulk Drug parks will be financed under the scheme. States will be selected based on scores obtained by the proposals submitted by the states on a predefined selection criterion as mentioned in the guidelines. It remains to be seen if these new policy measures result in decreased dependence on China for APIs and other raw materials.
Featured Image: Active Pharmaceutical Ingredients

created: September 26, 2020


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Review: Government Releases Guidelines for Celebrities, Influencers, And Virtual Influencers, "Endorsements Know-hows!"
Sai Krishna Muthyanolla
March 21, 2023
Recently, The Department of Consumer Affairs released a set of guidelines called “Endorsements Know-hows!” for celebrities, influencers, and virtual influencers on social media platforms. The guidelines have been made as per the rules notified under the Consumer Protection Act, 2019 in June 2022.
Celebrities endorsing products in advertisements is a very common form of marketing. Across all audio and visual media platforms, there are many advertisements featuring actors, influencers, sportspersons, and other famous personalities who generally have a high degree of recognition and trust among the larger audience, endorsing some brand or a product. There are celebrities endorsing motor vehicles, cosmetics, electric equipment, clothing, food and beverages, banking and finance, education, and health-related products among others. This list is endless. The strategy of using a ‘well-known’ or famous personality helps not only in reaching out to a large audience but is also considered to be the fastest and safest way for brands to develop an association and a bond in the mind of their consumers.
In recent years, social media has emerged as a key platform for marketing. Along with the growing number of users, there has also been a rise in social media and virtual influencers who are approached for endorsement, in addition to celebrities from the entertainment and sports industries who were typically roped in for brand endorsements. As a result, people are more at risk of getting misled through advertisements and unfair trade practices on these platforms. The influencers endorsing or promoting these products may not be fully aware of the legitimacy, quality, and other related aspects of the product they endorse, and misleading consumers in the process.
‘Endorsement Know-hows’ was released by the Union Government
Recently, The Department of Consumer Affairs, under the Ministry of Consumer Affairs, Food and Public Distribution released a set of guidelines called “Endorsements Know-hows!” for celebrities, influencers, and virtual influencers on social media platforms. The guidelines have been made as per the rules notified under the Consumer Protection Act, 2019 in June 2022. The purpose of these guidelines is to ensure that these individuals do not mislead their audiences when endorsing products or services and that comply with the Consumer Protection Act and any associated rules or guidelines. Adherence to the guidelines is essential for celebrities and influencers to maintain transparency and authenticity with their audience. Not only is this supposed to hold the endorsers responsible but also helps the consumers make informed decisions.
Explicit disclosure of sponsorship or collaboration in endorsement by influencers is mandatory
The guidelines state that individuals or groups who have access to an audience and the power to affect their audiences’ purchasing decisions or opinions about a product, service, brand, or experience, because of the influencer’s or celebrity’s authority, knowledge, position, or relationship with their audience must disclose to the audience if the endorsement is a result of benefit or incentive from the advertiser. That is, if the endorser (including celebrities and influencers) is endorsing a product for which they have received some monetary compensation or any other form of sponsorship from the advertiser, the endorsement must clearly and prominently disclose the same.
With respect to different formats used for endorsement, the guidelines stipulate the following rules for disclosure:
For images: Disclosures should be superimposed over the image enough for viewers to notice.
For videos: Disclosures should be placed in the video and be made in both audio and video format.
For live streams: Disclosures should be displayed continuously and prominently during the entire stream.
The disclosure must be made in simple and clear language.
The disclosure must be made in simple and clear language. Terms such as “advertisement”, “sponsored”,  “collaboration” or “paid promotion” can be used. Further, the disclosure should be made in the same language as the endorsement. Also, disclosures should not be mixed with a group of hashtags or links. The guidelines specify that individuals must not endorse any product or service that they have not personally used or experienced or in which due diligence has not been done by them.
Endorsers are liable for legal action if they do not disclose endorsement
The endorsers will be liable for legal consequences if they fail to disclose any material connection or if non-compliance with the Consumer Protection Act 2019 and the associated rules is established. According to the 2019 Act, if the Central Consumer Protection Authority finds any advertisement as false or misleading, it can ask the advertiser to discontinue the advertisement and can impose a penalty of up to Rs. 10 Lakhs on the manufacturer or endorser. The penalty imposed can be extended to Rs. 50 Lakhs if the offence is repeated. The Authority also has the power to ban an endorser from making advertisements for up to a year for the first offence and up to 3 years for repeated offence. If the endorser has exercised due diligence to verify the authenticity of claims made in the advertisement, they may be exempted from the penalty.
Emami was asked to pay Rs. 15 lakhs for misleading ads in 2015
Not only in recent times, but celebrities have been under the scanner even in the past for being part of misleading ads. For instance, in 2015, a resident of Delhi filed a complaint in the District Consumer Disputes Redressal Forum of Central Delhi about the ‘Fair and Handsome Cream’, (World’s No.1 Fairness Cream for Men) being manufactured by Emami. The complainant contended that he had used the product as per directions for use mentioned on the labelling and packaging of the product, but it had failed to show any results as claimed. He also argued that Emami had been using Shahrukh Khan as its brand ambassador for the promotion of the product and made false claims and promises that the product provides fairness in just three weeks. The court ruled that the ads by Shahrukh Khan were misleading and directed Emami to pay an amount of Rs. 15 lakhs as punitive damages to the consumer welfare fund. It also directed the company to pay the complainant a sum of Rs.10,000 and withdrawal of the advertisement.
Apart from this, there have also been many media reports of cases filed against Amitabh Bachchan, Madhuri Dixit, and Preity Zinta for promoting Nestle’s Maggi Noodles when the product was banned when found to contain taste enhancer MSG and the chemical Lead beyond permissible limits, which are harmful to humans.
Considering explosion of e-commerce & social media users, the guidelines are much needed
The guidelines are a way forward to hold influencers and celebrities responsible for endorsement considering the wide reach and influence they have on consumers. The guidelines have been released at a time when there is an explosion of e-commerce and social media users. Many other countries also have their own set of rules and guidelines with respect to endorsements. The US’s Federal Trade Commission clearly holds both the advertiser and the endorser responsible for the advertisements. Likewise, France’s legislation also calls for clearly specifying if the influencers’ communication results from a partnership with a brand or a trader and that they are paid to promote the products they present.
Featured Image: Celebrity endorsements


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Review: Government Releases ‘National Time Release Study’ Covering Import and Export Release Time
Sai Krishna Muthyanolla
June 30, 2023
The government recently released the NTRS 2023 that presents the findings of the annual study of cargo clearance process through four categories of ports, namely seaport, inland container depot, air cargo complexes, and integrated check posts on land borders for both import and export cargo. Here is a review.
Release of goods is a critical step in the clearance process undertaken by customs authorities. It involves the coordination among multiple agencies such as the port authority, ministry of health, departments of agriculture and veterinary, national committee of standards, etc. The World Trade Organization’s Trade Facilitation Agreement contains provisions to make the movement, release and clearance of goods, including goods in transit faster. It provides for the WTO Members to measure and publish the average release times of goods at the border to provide traders with the time usually taken to release the goods. The World Customs Organization has also recommended the publication of such period study as a performance measurement tool.
National Time Release Study for 2023 was released by the CBIC
In India, the National Time Release Study (NTRS) for 2023 was recently released by the Central Board of Indirect Taxes and Customs (CBIC). The report presents the findings of the annual study of the cargo clearance process through four categories of ports, namely seaports, inland container depots (ICD), air cargo complexes (ACC) and integrated check posts (ICP) on land borders for both import and export cargo. The report for 2023 is the third in the series of NTRS adopting the standardized methodology and presents comparable intertemporal performance assessment of trade facilitation measures. Prior to this, Time Release Studies were published by individual custom houses. The first formal Time Release Study was at Jawaharlal Nehru Custom House (JNCH) in 2017 covering only import release time.
Cargo release time is defined as the time taken from the arrival of the cargo at the Customs station to its out-of-charge for domestic clearance in case of imports and arrival of the cargo at the Customs station to the eventual departure of the carrier in case of exports. Time is an important parameter for assessing a country’s Ease of Doing Business and has a huge impact on the cost of trade. The time taken for executing trade procedures should be as short as possible for seamless and efficient delivery of goods. A country’s attractiveness and competitiveness as an investment location gets affected by delays at borders in clearing cargo. The delay costs the companies both time and money.
NTRS provides inputs for decision making
Such periodic Time Release studies help countries to identify bottlenecks in cross-border trade and focus on streamlining processes to optimize efficiency. Additionally, the NTRS is a source of input to businesses and policymakers for decision-making as well as to monitor the movement towards achievement of National Trade Facilitation Action Plan (NTFAP) targets. The study also helps understand the impact of various trade facilitation initiatives, notably “Path to Promptness” and identify the challenges to more expeditious reduction in release time by carrying out in-depth analysis alongside stakeholder consultations for import and export clearance process.
Various factors affect the time taken for release such as the mode of cargo movement, facilitation time taken by the Risk Management System, and assessment of bills of entry, among others. Considering that the cargo release time is dependent on various factors and is expected to be different for export and import, the NTFAP 2020-2023 has prescribed bringing down the average cargo release time to
NTRS 2023 is based on the sample period of the first week of January 2023, comparing the performance with the corresponding periods of 2021 and 2022. The study covers 4 Seaports, 6 Air Cargo Complexes, 3 Inland Container Depot and 2 Integrated Check Posts which together account for nearly 80% of the bills of entry and 70% of the shipping bills filed in the country.
Average time taken for releasing imports has reduced in the last three years for Seaports, ICDs, and ACCs
The average time taken for releasing imports has reduced in the last three years for three port categories- Seaports, Inland Container Depots (ICDs), and Air Cargo Complex (ACCs). The import release time for seaports is 85 hours and 42 minutes, for ICDs is 71 hours and 46 minutes, for ACCs is 44 hours and 16 minutes, and for ICPs is 31 hours and 47 minutes. Compared to 2022, the release time has reduced by 20% for ICDs; 11% for ACCs; and 9% in 2023. Despite the reduction, the release time is much longer than the prescribed targets. In the case of Integrated Check Posts (ICPs), the average release time has doubled over the years. However, it continues to be well below the NTFAP target.
Release time for exports has also improved
Likewise, there has been an improvement in the release time for exports as well across all the port categories, as compared to 2022. The export release time for arrival to departure in absolute terms was 175 hours and 55 minutes for Seaports, 129 hours and 33 minutes for ICDs, 28 hours and 18 minutes for ACCs and 11 hours and 7 minutes for ICPs. This is far from the targets set under NTFAP.
For both imports and exports, the improvement in the average release time is accompanied by a lower standard deviation, which means that there is greater certainty of the expeditious release of imported cargo and for the departure of cargo from its arrival at the port.
The study reaffirms the significance of the ‘Path to Promptness’ strategy
With respect to imports, the study calls for a more effective Authorised Economic Operator (AEO) scheme by increasing benefits and making the process simpler. It also suggested increasing the capacity and sensitization of assessing officers to improve the release time of imports. Furthermore, it noted that there was a significant lack of awareness about various trade facilitation initiatives of the government and recommended a concerted outreach to the EXIM community. With respect to exports, the study highlights a need to start Exports Dwell Time Report (DTR) like the one on imports published by CBIC. It recommended the formulation of local initiatives to streamline the cargo clearance process.
The study also captures India’s progress towards the three-fold ‘Path to Promptness’ strategy for import release time which is based on the filing of advance bills of entry, allowing for pre-arrival processing, enhanced levels of facilitation, promotion of Authorised Economic Operator (AEO) scheme and increased utilization of Direct Port Delivery (DPD) scheme.