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Review: Madras High Court calls for exploitation of animals to be stopped
Sai Krishna Muthyanolla
March 3, 2021
In this round-up of important court decisions, we look at decisions about the exploitation of animals, compensation for unforeseen death or injury in a government hospital, regulation of fees charged by private medical colleges, and the Rights of PwDs.
Madras HC: Exploitation of animals for all purposes should be stopped.
In the case Rangarajan Narasimhan v. Chief Secretary & Ors., the Madras high court directed the state government to develop an appropriate plan to ensure the well-being of the elephants.
The court was hearing the matter pertaining to temple elephants and other elephants owned by private individuals, used by their owners to be exploited for joy rides or used as beasts of burden or to transport heavy material.
The court held that there must be a uniform policy that all elephants, privately owned or temple owned come under the care of the Forest Department and future ownership of elephants by individuals and temples be completely prohibited.
The bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy directed the Forest Department to come up with an appropriate plan to ensure the well-being of the elephants that are now privately owned, and temple owned and may not be treated so well as was evident from a video which went viral on the social media a couple of days ago.
In conclusion, the court directed that exploitation of animals for all purposes should be stopped except for limited government-controlled exercises say, horse-riding or camel-riding on the beach, but even these cannot be privately operated since the treatment of the animals cannot be checked or monitored. The judgement also included that elephants, which have been lured away from the forest, should be rehabilitated and future measures put in place so that the animals are not exploited any further.
Madras HC: State has to compensate unforeseen death or injury in government hospital even if there is no medical negligence
In the case Tamil Selvi v. State of Tamil Nadu & Ors., the Madras high court held that when a patient is admitted to a government hospital for treatment and they suffer any unanticipated injury or death, the government is obliged to disburse ex-gratia to the affected party.
The petitioner’s daughter, about eight years, was suffering from tonsils and in April 2016, she was admitted to Government Hospital, Aruppukottai. For preparing the child for surgery, anesthesia was administered, and she developed some complications while being shifted to Rajaji Government Hospital, Madurai for further treatment. She went into a coma and eventually passed away on 05 July 2016. The petitioner alleged that the death of the child was purely due to medical negligence and has filed a writ petition demanding payment of compensation.
Following the complaint, an enquiry was conducted by a four-member enquiry committee. The report was submitted in June 2016 which stated that there was no medical negligence on the part of the doctors. The child was administered a drug known as Propofol. While propofol is not an intrinsically dangerous drug, there may be implications for children with mitochondrial diseases. However, there was nothing on the child’s medical records to indicate that she suffered from the said disease when she was being admitted to the hospital.
Upon examining all submissions, the bench of Justice GR Swaminathan observed that there are always instances when a drug does not accord with the body of the patient and leads to unfortunate complications. The present case on hand appears to be one such.
In conclusion, the judgement rejects the allegation of medical negligence but upholds the right of the petitioner to be compensated for the loss of their child in a government hospital with a sum of Rs. 5 lakhs. The judgement establishes that when a patient is admitted to a government hospital for treatment and suffer any injury or death which is not anticipated to occur in the normal course of events, even in the absence of medical negligence, the government is obliged to disburse ex-gratia to the affected party.
Supreme Court: Regulation of fee charged by private medical colleges is within the domain of the Admission and Fee Regulatory Committee
In the case Najiya Neermunda vs. Kunhitharuvai Memorial Charitable Trust & Ors., the Supreme Court reiterated that ‘Admission and Fee Regulatory Committee’ has to ensure that the fee charged by private medical colleges are neither excessive nor exploitative. The court was hearing the matter pertaining to fee fixation by the ‘Admission and Fee Regulatory Committee’ for MBBS students in private self-financing medical colleges in the State of Kerala.
In 2006, Kerala enacted ‘Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006’. The said Act was replaced by the ‘Kerala Medical Education (Regulation and Control of Admission to Private Medical Educational Institutions) Act, 2017’. Section 11 of the 2017 Act mentions the factors that are to be taken into account by the Committee for determination of the fee to be charged by a private aided or unaided medical institution. It can direct the managements to furnish any information that is required for the purpose of arriving at a decision that the fee proposed by the managements is neither excessive nor exploitative.
In November 2017, the challenge to Sections 8(1)(a) and Section 11 of the 2017 Act was rejected by the High Court. However, the High Court held that the fixation of fee provisionally was done beyond the legal power of the 2017 Act. According to the High Court, the Committee can formulate a policy of directing the colleges to submit audited accounts of previous years for the purpose of ascertaining that there is no profiteering by the institutions in fixing the fee. The High Court made it clear that the Committee cannot go into the desirability or appropriateness of the expenses incurred by the institution as per its own notions and standards.
The management of private self-financing colleges approached the High Court of Kerala by filing Writ Petitions challenging the orders passed by the Committee by which the fee was fixed for the years 2017-18 and 2018-19. The high court remanded the matter back to the Committee to re-examine the proposals of the management of private self-financing colleges and to pass suitable orders. The high court gave a specific direction to the Committee to examine whether the estimate of the expenditure provided by the institutions is in accordance with the audited balance sheets and in the absence of audited balance sheets, in accordance with the provisional profit and loss accounts to be furnished by the management. The high court directed the Committee to examine the audited balance sheets only for the purpose of considering whether the expenditure that is shown by the management should be excluded or not. The State of Kerala and the students of private self-financing medical colleges challenged this judgment in the Supreme Court.
Upon examining all submissions, the Supreme Court observed that the High Court committed an error in directing the Committee to take into account only audited balance sheets, and provisional profit and loss accounts in the absence of audited balance sheets, to fix the fee.
In conclusion, the bench of Justices L. Nageswara Rao and S. Ravindra Bhat held that unaided professional institutions have the autonomy to decide on the fee to be charged, subject to the fee not resulting in profiteering or collection of capitation fee. Regulation of fee is within the domain of the Committee which shall ensure that the fee is non-exploitative and reasonable. Therefore, the court directed the Committee shall reconsider the proposals of the management for fee fixation 2017-18 onwards by taking into account the factors mentioned in Section 11 of the 2017 Act.
Calcutta HC: Removal of a blind person from a job solely on ground of disability is violative of the Rights in PwD Act 2016
In the case of Dr. Shishir Kumar Biswas v. State of West Bengal & Ors., the Calcutta high court held that the employment termination of a blind person solely on the grounds of disability is violative of the Rights of Persons with Disabilities Act, 2016.
The petitioner was challenging their removal from the post of the Head of the Bengali Department primarily on the ground of a physical disability i.e., blindness.
After considering all submissions, the court observed that except for physical disability on the ground of blindness, there is no other ground alleged in the impugned memo whereby the petitioner has been removed as Departmental Head from the Department of Bengali in the concerned college.
The bench of Justice Ravi Krishan Kapur held that this was in direct violation and contravention of the provisions of the Rights of Persons with Disabilities Act, 2016 and particularly violative of the provisions of Section 20 of the said Act.
In conclusion, the high court cancelled the impugned memo and directed the respondent to take appropriate steps.
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Madras High Court holds that BSNL’s acted opposite to all norms of fairness, good conscience, and equity in a private contract
Sai Krishna Muthyanolla
June 30, 2021
In this roundup of court judgements, we look at Constitutional Courts’ remarks & directions on personal law, not overriding POCSO and other such laws, BSNL violating norms of fairness, a good conscience, and equity in a private contract, etc. We also look at the important points in GoI’s affidavit to the SC on the vaccine policy.
GOI’s submission in the SC on the COVID-19 Vaccine Policy
In pursuance of the suo moto case in the Supreme Court (SC) on the management of the COVID-19 pandemic, the central government has submitted an affidavit before the scheduled hearing on 30 June 2021. The affidavit is a response to the questions raised and issued flags regarding the vaccine policy. In our previous review, we have detailed the observations made by the apex court and changes made to the vaccination policy.
On the question of vaccine availability and projections, the following was highlighted by the Government of India (GoI).
On the question of the use of the Co-WIN platform, the following was highlighted by the GoI.
On the question of door-to-door vaccination, the Centre clarified against ‘door-to-door vaccination’ citing several feasibility issues, and has suggested that ‘near-to-home vaccination’ as a viable alternative.
On the question of coverage of vaccination in tribal areas, the GoI’s affidavit furnished the data available on Co-WIN as of 23 June 2021 and stated the following:
On the question of vaccination of crematorium workers and panchayat workers, the following was clarified:
On the question of utilization of funds for vaccine procurement till date, the following details were furnished:
Karnataka HC: Personal Law cannot override POCSO, Child Marriage Restraints Act and Penal Code
In the case State of Karnataka vs. Mrs. Shahinabanu, the high court held that though second marriage is permissible under Muslim Personal Law, but the personal law cannot override the Special Law of POCSO, Child Marriage Restraints Act, and General Penal Code of this Country.
The high court was hearing the bail application filed by Rahul alias Nayaz Pasha, who is accused of abducting, sexually assaulting, and marrying a 15-year girl.
The bench of Justice K Natarajan observed that the age of the victim is 15 years. The marriage certificate is said to be issued by some Mosque by its Secretary or Mutavali, wherein the signature of the victim was obtained, and the marriage was performed showing the age of the victim as 19 years.
The petitioner-accused appeared through an advocate and produced the affidavit of the victim stating that the victim herself went along with the accused and got married and she is residing in his house. The court noted that while the statement of the victim reveals that she herself voluntarily went and married the accused as per their customs, the age of the victim is 15 years, and her consent is immaterial. Though second marriage is permissible under Muslim Personal Law, the personal law cannot override the Special Law of POCSO, Child Marriage Restraints Act, and General Penal Code of this Country.
Even if the minor girl gives ‘no objection’ to release the accused in a heinous crime like rape on a minor girl and granting bail to the accused, it is nothing but giving license to the offender to commit similar offences. Therefore, in the interest of the public at large and with an intention to curtail such types of sexual offences, the high court concluded that it shall ignore the consent of a minor girl giving ‘no objection’ for granting bail to the accused and the court shall deal with such a heinous offence with an iron hand.
Kerala HC: No prima facie reason to exclude meat from mid-day meal in Lakshadweep
In a Public Interest Litigation challenging the removal of non-vegetarian items from the food menu of government schools in Lakshadweep, the high court held that it does not find any prima facie reason for the change of food items, with the exclusion of meat and chicken and passed an interim order to stay the said decision.
The court was hearing a PIL filed by a lawyer from Lakshadweep who challenged, among other things, the removal of non-vegetarian items from the food menu of school children.
According to the petitioner, the Union Territory of Lakshadweep has ten islands, mostly inhabited by Scheduled Castes and Scheduled Tribes. The counsel for the petitioner submitted that without assigning reasons, the Administrator, Union Territory of Lakshadweep, has directed to close all the dairy farms run by the Department of Animal Husbandry, including Bulls, Calves, Heifers, and Ducks, etc., immediately. The Veterinary Assistant Surgeons of all the Veterinary Units were directed to dispose of the available animals in the presence of Auction Committee Members.
Since Mid-Day Meal (MDM) Scheme was introduced, a menu was implemented in all the schools of Lakshadweep and as per the guidelines, meat and chicken were served, and that there is no defect or irregularity noticed by the stakeholders. Counsel for the petitioner further submitted that contrary to the National Programme of Mid-Day Meal in Schools (MDMS) Annual Work Plan and Budget 2020-21, wherein, there is a provision, to provide meat and chicken in the menu, to the children of the schools of Union Territory of Lakshadweep, suddenly a decision has been taken not to provide chicken and meat to the children.
This is weekly menu under MDM scheme:
This is the proposed new menu under MDM scheme:
The counsel for the petitioner also submitted that all along, food for the children to be served was prepared and distributed by the stakeholders, within the island, using the manpower of islanders, which is one of the sources of employment. Now, the Administrator, Union Territory of Lakshadweep, has taken a decision to entrust the work relating to the preparation of food for MDM to an NGO named Akshayapatra, whose offices are situated in Bangalore.
According to the standing counsel, there are two dairy farms in the Union Territory of Lakshadweep and there are 69 animals, out of which, 47 are only milking. The total quantity of milk milched is 140 litres per day. The maintenance of two farms, with a production of very little quantity, is not financially viable. Hence, he submitted that a policy decision was taken to prevent revenue loss.
He further added that there is no proposal from the Director of Education, to allocate the work of preparation and distribution of food by Akshaya Patra. It was only decided to have an informal talk with Akshayapatra regarding the implementation of Mid-Day Meal in the Union Territory of Lakshadweep.
After hearing both sides, the prima facie, the court was of the view that switching over to a different menu, with the exclusion of chicken and meat, would run contrary to the annual plan of MDM, which indicates that food must be served to the children, including meat, chicken, fish, and egg, apart from other items. The court noted that the Committee seemed to have suggested food, with the exclusion of meat and chicken, despite the opinion of a Physician present in the meeting who highlighted that non-vegetarian foods (fish, chicken, and egg) are essential for the growth of children and that children need a healthy balanced diet containing foods from each group (veg along with non-veg) so that they get a wide range of nutrients.
The high court concluded that since it does not find any prima facie reason for the change of food items, with the exclusion of meat and chicken, an interim order is passed directing the respondents, to provide food, as done before, by including meat and chicken, to the children of the schools in Lakshadweep.
Madras HC: Textbook example of state instrumentality’s unjust enrichment
In the case A.S.Marimuthu vs. Ministry of Telecommunications, the high court held that BSNL violated norms of fairness, a good conscience, and equity in virtually grabbing the property belonging to one A. S. Marimuthu by paying a paltry sum of just one rupee.
The high court was hearing the plea of the petitioner, Marimuthu who gave property measuring an extent of 59 cents to BSNL in return for a token consideration of one rupee. The grievance of the petitioner was that no construction came up for nearly 13 years and, the present writ petition was filed in the year 2014 seeking the cancellation/reconveyance of the property in favour of the petitioner.
The petitioner had purchased this property with the laudable object of constructing a memorial for his father, who is claimed to be a philanthropist and a successful businessman and at that point in time, BSNL was looking for a property to construct a telephone exchange. The petitioner wished to gift this property to BSNL free of cost with the only condition that the building in which the telephone exchange is operated, will stand in the name of the father of the petitioner. However, BSNL took a stand that they cannot get the property as a gift or settlement and therefore insisted that a sale deed should be executed by receiving a token consideration. Thus, a token consideration of Rupee one was given, and the petitioner stated is more interested in the building being named after his illustrious father.
The representation from the Ministry and BSNL categorically stated that the construction of the telephone exchange did not go through due to procedural formalities and administrative difficulties. It is also stated that even if a building is constructed, it will not be named after the father of the petitioner. A vague allegation has been made to the effect that there is still a proposal to construct the telephone exchange.
Upon considering both sides, the court noted that admittedly, the property had been conveyed by the petitioner in the year 2001 in favour of BSNL by receiving a token consideration of one rupee. However, the only reason the petitioner conveyed a land measuring 59 cents for a pittance by receiving one rupee is for the condition that the building in which the telephone exchange is operated will stand in the name of the father of the petitioner.
The high court opined that in a petition under Article 226, a writ court is under a constitutional obligation to probe and satisfy its conscience that the action of the State or instrumentality of the State is fair and not arbitrary. BSNL being an instrumentality of the State is bound to act reasonably and fairly in its dealings with citizens. It is settled law that a greater degree of probity and fairness is expected from state agencies since any act which fails to satisfy the test of reasonableness would be violative of Article 14.
The judgement elaborates that in the present case, BSNL has entered into a contract with a citizen paying him a token amount and promising to put up a building on the premises. Having induced the petitioner to part with his property on these terms, the BSNL reneged on its promise to put up a building. The net result is that the petitioner has been deprived of a valuable property of 59 cents for just one rupee.
The judgement states that the question, therefore, is what the power of the Court under Article 226 is to annul what it considers a wholly unfair, arbitrary, and unreasonable contract involving a state agency.
The court noted that it is well settled that where arbitrariness exists at the time of entering into a contract, the same would offend Article 14, enabling the writ Court to annul such an action. The sale in question is opposed to all norms of fairness, a good conscience, and equity. When the State or its instrumentalities enter into a private contract, it is expected that they maintain a higher degree of fairness and reasonableness.
In view of the above, the Court concluded that the contract entered into between the petitioner and BSNL by virtue of the sale deed dated 06 September 2001, is totally unfair, arbitrary, and unreasonable. Therefore, the court issued a direction to the respondents to pay the market value of the property as it stood on the date of execution of the sale deed (that is on 06 September 2001) along with interest at the rate of 9% per annum from 06 September 2001 till the date of the payment of the market value. In the alternative, it is also open to the respondents to reconvey the property to the petitioner if there is no proposal to construct any telephone exchange in the property. In either case, the respondents were directed to comply with this direction of the court within a period of eight weeks from the date of receipt of a copy of the order.
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author: Sai Krishna Muthyanolla


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Manipur HC concludes that failure to maintain ‘true & correct’ account of election expenditure not 'corrupt practice' under RP act, 1951.
Sai Krishna Muthyanolla
March 2, 2022
In this roundup of the Court Judgements, we look at the Supreme Court’s observations on indefinite adjournments in the matters of personal liberty, the importance of Gender Equality in Local bodies; the Andhra Pradesh High Court’s observation on the Right to Protest when the matter is sub-judice; the Bombay High Court’s remarks on the slum development schemes and the Manipur High Court’s judgement on the corrupt practices in the Representation of People’s Act, 1951.
SC: Indefinite adjournment in anticipatory bail matter is detrimental to valuable right of a person
During the hearing of the Special Leave Petition (SLP) filed by the petitioner in the Rajesh Seth vs. State of Chhattisgarh, the Supreme Court Bench headed by the Chief Justice of India and comprising of Justice Hima Kohli and Justice AS Bopanna, observed that the indefinite adjournment in matters relating to anticipatory bail is detrimental to the valuable right of a person.
The apex court was hearing a special leave petition filed by the Rajesh Seth, regarding the grant of anticipatory bail. The petitioner filed for an anticipatory bail under Section 438 of Code of Criminal Procedure (Cr.PC), along with an interlocutory application (IA). Though the High Court admitted the application, the matter did not get listed till the date of filing of SLP by petitioner and no interim protection is granted, even though the co-accused in the same FIR was granted interim protection.
The bench headed by CJI NV Ramana observed that such delays, particularly in matters of anticipatory bail are not acceptable. Further the court remarked that,
Accordingly, the apex court granted the interim protection, along with requesting the High Court Bench to dispose of the anticipatory bail petition within a period of two weeks from the date of receipt or production of copy of this order.
SC: ‘Important aspect of Gender Equality getting postponed’, SC asks Nagaland government to implement 33% reservation for women in local bodies.
In Peoples Union for Civil Liberties (PUCL) & Anr. vs. The State of Nagaland & Ors., the Supreme Court bench headed by Justice Sanjay Kishan Kaul and MM Sundresh, issued directions to the Government of Nagaland on how it intended to implement the 33% reservations for women in the local bodies, within six weeks.  The apex court had also regretted that the important aspect of gender equality is getting postponed.
The apex court was hearing a petition filed by PUCL challenging the Assembly’s resolution dated 22 September 2021, which exempted the operation of part IXA of the Indian Constitution. This part deals with the municipalities and town councils. The advocate general, in December 2021, stated that the state formed a committee with an objective of holding elections to municipalities and town councils in accordance with the Nagaland Municipal (First Amendment) Act, 2006. Accordingly, the case was listed in February 2022.
During the hearing, the court had perused the note filed by the State Election Commission (SEC) and remarked that the report reflected the lackadaisical attitude by the state government in furthering the assurances made, in addition to the legal procedures to be followed. The State Election Commission’s report mentioned about the issues of fresh revision of E-rolls for new municipal councils as well as the legislative changes required to adopt the electoral rolls of legislatures for local body elections. The grievance made out is that the State Government is not responsive to the requests of SEC.
Justice SK Kaul remarked that the local issues cannot be gender negative and the apex court will supersede and proceed judicially if the state government doesn’t remove the resistance by power centres to bring in the equal norms. The bench also warned the State Government that any non-compliance would be treated as the violation of court’s orders.
Andhra Pradesh HC: Right to Protest not lost merely because same issue is pending before a Constitutional court.
During the hearing of a writ petition, K V Krishnaiah vs. State of Andhra Pradesh, a bench headed by Justice Ahsanuddin Amanullah and B.S. Bhanumathi of the Andhra Pradesh High Court remarked that a person’s right to protest is not disentitled automatically merely because the person approached the constitutional court on the same subject.
The court was hearing a petition filed to declare the G.O. Ms No1 of the Government of Andhra Pradesh, published in Notifications by Government vide No.51, Amaravati, Monday, 17 January as illegal.  The Advocate General (AG) argued that the right to freedom of speech and expression is not an absolute right, and it was not proper for a government employee to call for a strike, particularly when the matter is already called upon by the court.
The Supreme Court in T K Rangarajan vs. Government of Tamil Nadu (2003), held that there is no fundamental right, or a moral or equitable justification to go on strike. This position is taken by the apex court in multiple instances, such as the Kameshwar Prasad vs. State of Bihar(1962) and the All India Bank employees Association vs. National Industrial Tribunal (1961), where in the apex court mentioned that even the liberal interpretation of fundamental right to form union does not carry itself the fundamental right to achieve every object for which it is formed.
In the writ petition filed by Kisan Mahapanchayat & Anr. vs. Union of India & Ors. (2021), the apex court examined the issue whether protests can be allowed when the matter is subjudice. Though the final verdict is not yet out, the bench orally remarked that a party that has approached the court cannot exercise the right to protest. In the Mazdoor Kisan Shakti Sangathan vs. The Union of India & Anr (2018), the apex court called for balancing of the fundamental rights.
However, the Andhra Pradesh High Court differentiated between the protests by the government employees vis-à-vis protests by the citizens. It also observed that while courts look only from the legal lens, the whole idea of the protest is to draw the attention of the government to the issue.
Keeping in all the above arguments, the court held that approaching the court would not disentitle the petitioner from protesting on the same subject matter.
Bombay HC: Slum Development Schemes to rehabilitate encroachers on same land a mockery of Public Trust Doctrine; must be done away with
In the case of High Court on its own motion (In the matter of Jilani Building at Bhiwandi) vs. Bhiwandi Nizampur Municipal Corporation & Ors, a bench headed by the Chief Justice of Bombay High Court Dipankar Datta and Justice G.S. Kulkarni, made strong observations regarding the building collapses and unauthorized structures. It invoked the public trust doctrine while making these remarks.
The Bombay High Court was hearing a Suo-Motu public interest litigation on ‘Jilani building’ collapse in Bhiwandi. The court was concerned with the growing unauthorized constructions and referred to the public authorities who shut their eyes to let this happen and thereby causing harm to the lives of innocents. The court had remarked that there is a proliferation of slums on public lands and sustained encroachment is encouraged to the benefit of private parties. In doing so, the court wondered, whether the ‘rule of law’ regarding the transfer of ownership from ‘State’ to private entities, prevails.
During the previous hearings, the court had asked the officials to submit data on the unauthorized constructions. Despite repeated instructions, the respondents did not follow the court order. Accordingly, the court remarked that:
Following this, the court had appointed Judicial Commission under Justice J.P. Devadhar as Commissioner of Inquiry to inquire on these issues. The court, upon looking at the observations made by the commissioner, and the submissions made by the respondents, directed the principal secretary to initiate action against the officials and asked the officials to remove the encroachments and rehabilitate in any other part of the city.
The commissioner also highlighted the issue of land mafias and upon looking on the observations made by all the parties, the court has also highlighted the need for mass public housing and emphasized the right of the have-nots to a life with a dignity and to live in surroundings that are pleasant and liveable surroundings.
Manipur HC: Mere failure to maintain “True & Correct” account of election expenditure not ‘Corrupt Practice’ U/S 123(6) Representation of People Act, 1951.
During the hearing of a Shri Maibam Sarat Singh vs. Langpoklakpam Jayanta Kumar Singh & Ors., and other connected cases, a single bench headed by Chief Justice P.V. Sanjay Kumar, observed that mere failure to maintain a true and correct account of election expenditure would not per se amount to ‘corrupt practice’ under section 123(6) of the Representation of Peoples Act, 1951.
The court was hearing a petition filed by Laisom Ibomcha Singh, who secured second position in the 2017 Manipur State Legislative elections. The petitioner filed against Langpoklakpam Jayanta Kumar Singh on account for election expenditure. The petitioner mentioned that the respondent did not maintain a separate bank account for election expenses, wrongly mentioned about the government dues and failing to maintain proper account of election expenses.
The petitioner argued that the section 77(1) of the Representation of People’s Act, 1951 (RPA) specifically mentions about maintaining a separate account of expenditure, which is linked to opening of a separate bank account. The court held that the date of filing nomination is not the same as the day on which the candidate is nominated. The question of maintaining separate bank account prior to filing nomination does not arise.
The court also made a note of the absence of evidence against the respondent as to whether he spent more than the allowed election expenditure. The RPA Act, 1951 mentions about ‘corrupt practice’ as any contravention to the section 77. In  L R Shivaramagowda vs. T.M Chandrashekar (1998) case, the Supreme Court held that the corrupt practice under section 123(6) dealt with contravention of only section 77(3) and any violation with sections 77(1) & 77(2) will not fall in the scope of corrupt practice.
Keeping in mind the apex court’s decision and the failure of the petitioner to provide evidence for excessive expenditure than the prescribed limit, the Manipur High Court held that mere failure to maintain correct expenditure doesn’t translate to a corrupt practice under section 123(6) of the Representation of People’s Act, 1951.
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Review: MEA’s report notes the issues of Indian Immigrants repatriated during COVID-19
Sai Krishna Muthyanolla
April 30, 2022
Millions of Indian immigrants were repatriated from various countries during the COVID-19 pandemic. The ‘Impact of COVID-19 on India’s International Migration’ published by the Ministry of External Affairs’ India Centre for Migration (ICM) highlighted multiple issues of Indian Immigrants who repatriated during COVID-19. Here is a review.
The COVID-19 pandemic has impacted various walks of human life. The lockdown measures initiated by various countries to control the spread of the pandemic had a direct impact on the economic activity, the impact of which has percolated into other spheres of life resulting in – unemployment, loss of income, and dislocation, etc.
Migrant populations in various countries are among the most affected communities because of the pandemic, with many of them facing uncertainty not only in the country of work but also back home. Questions over their jobs, restrictions on travel, challenges with remittances, etc. have compounded the impact of the pandemic. Knomad’s Migration & Development Brief-34 for 2020, highlights the impact of the COVID-19 pandemic on the international migrant populations and the trends in remittances. The World Migration Report – 2022, notes that the volume of international remittances fell by 2.4% in 2020 compared to 2019.  India being the leading country of origin for immigrants and the number one destination for remittances has also felt the impact of the COVID-19 pandemic. Migration & Development Brief-34 highlights the case of Indian migrants.
While these reports provide an international perspective, “Impact of COVID-19 on India’s International Migration” published by the Ministry of External Affairs’ India Centre for Migration (ICM) provides India’s evaluation of the impact of COVID-19 on the migrant population. Responding to a question in Lok Sabha recently, the Government of India referred to this study report as an analysis of the impact of COVID-19 on international migration from India.
The highest number of immigrants repatriated from GCC Countries
Countries of the GCC (Gulf Cooperation Council) constitute the major share of Indian migrant workers abroad. As per the data provided by World Bank, there are 8.5 million Indian workers in GCC countries, which constitute around 65% of the total NRI community from India. The onset of the pandemic has resulted in the destination countries enforcing lockdowns. Many of the migrant workers in these countries were left stranded and faced challenges like loss of income, depletion of savings, limited access to medical and housing facilities, etc. These led to requests for the repartition of the international migrants to India.
The Government of India launched the ‘Vande Bharat Mission’, on 7 May 2020, to facilitate the safe repatriation of international migrants to India. As per the information provided by the government in Rajya Sabha on 22 July 2021, a total of 60.92 lakh Indians were brought back from foreign countries during COVID-19 under the ‘Vande Bharat Mission’.
Out of them, 25.44 lakhs were repatriated from the UAE.  A further 4.79 lakhs were repatriated from Saudi Arabia. Other GCC countries like Qatar, Oman & Kuwait make up the rest of the top 6 countries.  A total of 3.98 lakhs were repatriated from the USA, the third-most in the list of countries with the most repatriations.
GCC Countries are a preferred choice for Indian Emigrants
ICM’s study report notes that the top-5 GCC countries from which Indians were repatriated are also the top-5 countries destination countries for emigrant workers in the ECR (Emigration Check Required) category.
The study report further observes that a majority of the Indians in GCC countries are blue-collared workers. Over the years, GCC countries have emerged as the preferred destination for Indian migrants due to factors like – employment opportunities, presence of an extended network of Indian migrant workers, cultural affinity, linguistic compatibility, geographical proximity to that of the USA or Europe, etc.
Oil & Gas, Construction, Tourism & Hospitality, are among the sectors impacted by COVID-19
The immigration data & the repatriation numbers invariably point out GCC countries to be the key for Indian immigrant workers. Understanding the impact of COVID-19 on the specific sectors where the Indian immigrant workers are employed in these countries, would provide better insights into the current impact on the immigrant workers and the future outlook.
ICM’s report looks into four such sectors. Here is a snapshot of these sectors and the possible impact of COVID-19 on the immigrant workers.
Impact of the COVID-19 pandemic on the remittances
India is the world’s leading destination for remittances. A major source of remittances to India are the Gulf Countries. ICM’s report cites the initial Global estimates, wherein it was projected that there would be a sharp decline of about 20% in the global remittances in 2020. The contraction of economic activity resulting in loss of employment and income among migrants is cited as the reason for the fall in the remittances.
However, the Migration & Development Brief for 2020 states that there is only a marginal fall in the global remittances in contrast to the initial estimates during the pandemic. The value of Global Remittances fell to USD 705.5 billion in 2020, compared to USD 722 billion in 2019, better than many of the initial projections of decline. Factly had earlier written on the trends in global remittances and it can be read here.
In contrast to the apprehensions in the study report where-in, the remittances to India are projected to fall by 23% in 2020, and the actual remittances to India fell only by a slight margin. Inward remittances to India were USD 83.3 billion in 2019 and fell to USD 83.15 billion in 2020. As per Migration & Development Brief – 35 for 2021, the remittances to India in 2021 increased to USD 87 billion.
While job losses, lower salaries, etc. because of the COVID-19 pandemic are true in the case of migrant workers, the less than anticipated decline in remittances could be because of the migrant workers sending money home in view of the COVID-19 distress back home i.e., in India.
The study report identifies the new scope of opportunities and the need for reskilling
As highlighted, ICM’s study report released in March 2021 predicted a major fall in the remittances during the COVID-19 pandemic based on the early estimates. However, the latest data shows that there is only a marginal fall, and the situation has improved in 2021.  Nevertheless, the other aspects highlighted in the study report i.e., the impact on various sectors, challenges faced by migrants and the repatriation, etc., still hold good. In this context, the observations made in the study report on the new opportunities in the wake of the pandemic and its recommendations remain relevant.
The report identifies two key emergent areas of opportunities:
The report highlights the need for rehabilitating & reskilling of the migrant workers who have returned to India. The central government and respective state governments have taken up initiatives towards this.  Kerala, which has the highest number of migrant workers, especially from GCC countries has adopted various strategies for returnee rehabilitation. One of the key steps towards this is the classification of the returnee migrants into two major categories:
Even at a national level, efforts of rehabilitation for those willing to stay back include employment and livelihood opportunities under schemes like – PMEGP, MGNREGS, Deen Dayal Upadhyaya Grameen Kaushalya Yojana, Deen Dayal Antyodaya Yojana- National Urban Livelihoods Mission, Make in India initiatives, etc.
Re-skilling and up-skilling for those planning for re-immigration were suggested in the Study report. Skilled Workers Arrival Database for Employment Support (SWADES) launched by the National Skill Development Corporation (NSDC) is also an effort in this direction by doing skill mapping of returnee migrants and to facilitate the matching of skills with corresponding job roles in new markets.
Featured Image: Indian Immigrants repatriated during COVID-19


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Review: More than 400 Major MCC Related Complaints Filed by Political Parties in First Two Months of 2024 General Elections
Sai Krishna Muthyanolla
May 24, 2024
MCC complaints typically come from the general public, political parties, media, and other sources, including independent candidates, BLOs, and government officers. In the ongoing 2024 General Elections, during the first two months of the enforcement of MCC, the Congress has filed 170 complaints, followed by the BJP at 95 complaints, and others cumulatively at 160 complaints.
The series of articles on the Indian Elections offered valuable insights into various facets of the electoral process. One of the key topics was the Model Code of Conduct (MCC). We delved into the origins of the MCC, its evolution over time, and the methods of data collection and reporting. In addition to this background, we analysed statistics on MCC cases from the last two general elections. We also included some preliminary information related to the ongoing election, specifically covering the first month of MCC enforcement.
Recently, the Election Commission of India (ECI) released its second Suo motu report on the enforcement of the MCC during the first two months of the 2024 General Elections. In this article, we will examine this newly released report.
Congress tops in MCC complaints in the ongoing elections.
MCC complaints typically come from the general public, political parties, media, and other sources, including independent candidates, BLOs, and government officers. Political parties, in particular, serve as a crucial check and balance system to ensure that all parties uphold a fair playing field during elections.
In the ongoing General Elections, during the first two months of the enforcement of MCC, the Congress has filed 170 complaints, followed by BJP at 95 complaints, and others cumulatively at 160 complaints.  A total of 425 complaints have been filed in total, out of which action has been taken in 400 cases, i.e. 94% complaints.
The complaints more than doubled compared to the first month of enforcement. During the first month of enforcement, approximately 200 violation cases were reported, with action taken on 169 of them. The BJP filed 51 complaints, the INC filed 59, and other parties accounted for 90 cases. Out of these, actions were taken in 38 cases filed by the BJP, 51 by the INC, and 80 by other parties.
193% growth in complaints from cVIGIL App, compared to the 2019 General Elections.
Since the announcement of the 2024 General Elections, a total of 268,080 complaints have been filed on cVIGIL, the Commission’s portal for citizen-reported violations, during the first month of MCC enforcement. Action was taken on 267,762 cases, with 92% resolved in an average of less than 100 minutes. In the second month, complaints increased by 58%, totalling 422,432. Action was taken on 422,079 (99.9%) of these cases, with 88.7% resolved in an average time of less than 100 minutes as per the information released by the ECI.
In contrast, the 2019 Lok Sabha elections saw just over 142,000 complaints on cVIGIL. The current number of complaints represents an increase of approximately 200% compared to the 2019 General Elections and is expected to continue growing.
ECI’s revised approach to handling violations by Star Campaigners
In a shift from its previous practice of issuing notices to individual leaders for MCC violations, the Election Commission has introduced a new approach. In an advisory dated 1 March 2024, the Commission urged Party Presidents, Chairpersons, and General Secretaries of all recognized political parties to instruct their leaders, candidates, and star campaigners to avoid making speeches or statements that directly or indirectly violate the MCC.
The Commission has put star campaigners and candidates who commit violations using previously known methods to circumvent the MCC during elections on a ‘notice’. According to the advisory, the Election Commission will evaluate any indirect MCC violations as a fair basis for revising the notices in terms of timing and content for the upcoming elections.
This change emphasizes the party’s primary responsibility to prevent their star campaigners from committing violations, aiming to increase the political party’s accountability for ensuring MCC compliance among all their members.
During the ongoing elections, the Election Commission issued notices  to the Presidents of major parties, INC and BJP, on alleged violations by star campaigners on same day, 25April 2024. Recently, the Commission had sent directions to the Presidents of both National Parties, i.e. BJP and INC on the same day, 22May 2024.
Some actions taken by the Commission during the first two months of enforcement of MCC:
Depending on the severity of offences and violations involved, the ECI acts on the complaints either Suo-motu or when received from different stakeholders. The following figure highlights the major/severe actions initiated by ECI during the first two months of MCC enforcement.
Marred by allegations of bias in handling MCC violations, ECI remains under scanner.
Despite many actions on MCC violations, the ECI is alleged to have maintained a blind eye to the major divisive speeches and unverified allegations by major star campaigners of the National Parties, BJP and INC. Even if the action is initiated, the time period between the complaint and the action is longer, given the lengthy stretch of elections. It is high time that the ECI comes up with a detailed SoP in dealing with complaints & disposal to maintain the trust reposed by common public on its functioning.


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Data: More Than 8000 Indian Prisoners Are in Foreign Prisons, More Than 55% of Them in Middle Eastern Countries - FACTLY
Sai Krishna Muthyanolla
May 30, 2023
The government does not provide data on the number of Indians in foreign prisons on a periodic basis. However, often, such country-wise data is provided in response to questions in the Lok Sabha & the Rajya Sabha. As per data provided in March 2023, out of 8437 Indians in foreign jails, more than 55% are in Middle Eastern countries.
Recently, Pakistan released 198 Indian fishermen who were earlier arrested by Pakistani authorities for alleged illegal fishing in their waters. Authorities said that more Indian fishermen would be released in the next few months. Fishermen are among the most common group of people who are arrested by foreign authorities, many times owing to their ignorance on the boundaries of international waters.
Apart from fishermen treading into waters held in other countries, there are various other reasons why citizens of a country are held in custody by a foreign country. How many Indians are languishing in foreign jails? What are the trends over the years? Which country has the highest number of Indians in its prisons?  In this story, we analyse the data relating to Indians in foreign jails.
Data Methodology: Information on Indians in foreign jails is not centrally available in any repository or report published by the Government of India. However, the government has furnished this information in the parliament at various points in time. We have collated the information from the responses provided by the government in the parliament over the years.
The years mentioned in the story refer to the year in which the government provided the information in the parliament. Hence, there are gaps in the timeline with information not being furnished by the government every year.
More than 8 thousand Indians languishing in foreign jails as of 2023
As per an update provided by the Ministry of External Affairs on 24 March 2023, in the Lok Sabha, a total of 8,437 Indians are languishing in foreign jails as of that date. Based on the historical data that we collated from the various responses in the parliament, this is the highest number of Indians held as prisoners in foreign jails since 2007.
As per the response provided in Lok Sabha in 2007, there were 6277 Indians as prisoners in foreign jails. Except for a few years in which the information was provided in parliament, there has been a slight increasing trend in the number of Indian prisoners in foreign jails over the years. The status of the trial of these prisoners varies. While there is no comprehensive information available on the status of the trial of the various prisoners held, the government provided such information in the Lok Sabha on a few occasions.
In an update provided in 2022, a total of 156 Indians out of 8278 in prisons, were serving a life sentence. In an earlier update provided in 2016, the government stated that 354 prisoners had completed their sentences and were awaiting release and repatriation.
Most Indians held as Prisoners in Middle Eastern countries.
As per the response provided in March 2023, UAE accounted for 23% (or 1966) of the Indians held as prisoners in foreign jails. The next highest is in Saudi Arabia, where 1,362 Indians i.e., 16% of the total are held in prisons, as per the latest available information. India’s neighbouring country of Nepal currently accounts for the third-highest number of Indians in foreign jails.
Here is a snapshot of the trends for a few of the key countries:
Illegal Stay, fraud, Illegal activities are among the reason for arrest of citizens abroad.
There are various reasons why Indians were held in foreign jails. In the update provided by the government in Lok Sabha in 2019, country wise list of reasons for the arrests was provided. However, no information is provided on the number of persons in custody for a particular crime, which does not provide scope to ascertain the main reasons.
In the case of UAE, which even in 2019 has among the highest number of Indians as prisoners, the reasons include – Murder, Drugs, Alcohol, Cheque bounce, financial fraud, etc. Saudi Arabia and other Middle Eastern countries also have similar reasons for which Indians were arrested. It ought to be noted that a large number of Indians live in these countries, mostly for unskilled employment.
In the case of neighbouring countries of Pakistan and Bangladesh, the case of illegal entry along with illegal trafficking is the main reasons. Drugs and smuggling activities are among the main reasons in Nepal & Bangladesh.  Illegal entry is also one of the reasons in countries like the USA & UK, which do present better employment and living opportunities.
Pakistan accounts for the highest share of Fishermen in foreign jails
As highlighted above, recently 198 Indian fishermen were released by Pakistan. 200 fishermen were planned to be released but 2 died due to sustained illness. Pakistan has made known its intentions to release 300 more Indian fishermen in two batches during July. This would substantially bring down the number of Indian fishermen being held captive in foreign jails. The latest available information on the number of fishermen in foreign jails is an update provided by the government in Lok Sabha in March 2022. Responding to a question in Lok Sabha, Minister for External Affairs stated that 637 Indian fishermen were imprisoned in foreign jails as of that date. The most were in Pakistan with 577. However, with the recent release and the ones proposed, there would be a substantial reduction in the numbers. Among the other countries which held Indian fishermen captive are – Saudi Arabia, Sri Lanka, Bahrain, Indonesia, & Seychelles. All these countries share a maritime border with India across – the Indian Ocean, the Bay of Bengal, and the Arabian Sea.
While a majority of fishermen get apprehended due to their ignorance in crossing the maritime borders, the same is not the case with the other Indians being imprisoned in foreign jails. Even major crimes are cited as the reasons for imprisonment.
The Government of India provides legal aid and assistance to those requiring the same, depending on the merit of the case. An update provided in 2018, states that the Indian government has spent around Rs. 2.71 crores towards various efforts to free Indian prisoners.


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Review: Most countries report disruption in essential healthcare services
Sai Krishna Muthyanolla
June 4, 2021
WHO conducted a key informant survey among ministry of health officials in five regions to assess the impact of the COVID-19 pandemic on up to 25 essential health services in various countries. Most of the countries surveyed reported minor to severe disruption in essential healthcare services. Here is a review.
Healthcare services around the world have faced numerous challenges related to overstretched capacity and fragmentation due to the COVID-19 pandemic. The World Health Organisation (WHO) has released a series of studies assessing the impact of the COVID-19 pandemic on global health goals, highlighting the urgent need to work towards stronger, more equitable health care facilities and information systems.
In the context of India, some of our earlier stories have highlighted the impact of the pandemic on health facilities, education, aspects of the economy such as vehicle registration, air passenger traffic, and status of Indian states in terms of employment and migration.
Impact of the COVID-19 pandemic on essential health services
WHO conducted a key informant survey among the ministry of health officials in five regions to assess the impact of the COVID-19 pandemic on up to 25 essential health services in various countries. Two rounds of the Pulse survey on continuity of essential health services during the COVID-19 pandemic have been published in August 2020 and April 2021. The results indicate that even robust health systems can be rapidly overwhelmed and compromised by a COVID-19 outbreak, reinforcing the need for strategic adaptations to ensure the maintenance of essential health services.
The pandemic is testing all national health systems, with an impact on essential health service delivery and utilization in almost every country in the five WHO regions surveyed. The findings show that one year into the pandemic, health systems around the world are still being challenged. Nearly every responding country reported disruptions to one or more essential health services, and disruptions were reported across all service delivery platforms and health areas. The impact may be felt beyond the immediate pandemic as, in trying to catch up on services, countries may find that resources are overwhelmed, as per the findings of the survey.
The type and number of services affected by the COVID-19 pandemic varied between countries and regions.
Overall, wide variation is seen in the level of disruption reported across countries within each region and income group. Countries in high-income groups reported fewer disruptions compared to countries in other income groupings.
Overall, countries in the WHO Region of the Americas reported the highest average percentage of services disrupted per region, although these findings should be interpreted with caution, given the varied response rates across regions.
Primary care and rehabilitative, palliative and long-term care are predominantly affected. On average, 35% of 112 countries reported disruptions across all service delivery channels. Primary care sits at the foundation of achieving universal health coverage (UHC), and any disruptions in this setting can cause severe impact across the health system for service delivery and the overall health and well-being of patients. Other essential primary care services, including referrals to specialty care (48% of 91 countries) and visits for undifferentiated symptoms (48% of 90 countries), were also disrupted in nearly half of the countries.
Disruptions to potentially life-saving emergency, critical and operative care interventions are of urgent concern as any disruptions in these areas can cause severe near-term indirect consequences on health outcomes. Substantial disruptions have been reported across various emergency services, as shown in the graph below. More than half of countries reported disruptions to rehabilitative services, and more than one-third of countries reported disruptions to palliative and long-term care services. Auxiliary services, including laboratory services and radiology services, were disrupted in 26 (27%) and 27 (28%) countries respectively.
Further, on average, 35% of countries reported disruptions across reproductive, maternal, newborn, child and adolescent health (RMNCAH) and nutrition services. The most frequently disrupted services were family planning and contraception services and management of moderate and severe malnutrition, both of which were disrupted in more than 40% of reporting countries.
The collapse of essential health services – including health promotion, preventive services, diagnosis, treatment and rehabilitative and palliative services – is likely to have serious adverse health effects, especially on the most vulnerable populations.
The results also shed light on the importance of responsive health policy planning and action, as countries must continue to orient health strategies according to the current and rapidly changing priorities and needs of populations to ensure continued provision of and access to care. The findings also highlight the need to ensure that COVID-19 control strategies are in balance with other health priorities.
Disproportionate Impact on Vulnerable Populations
Despite recent global health gains in the previous decades across the world, people continue to face complex, interconnected threats to their health and well-being rooted in social, economic, political, and environmental determinants of health.
Data from the COVID-19 World Symptoms survey shows a decline in preventive behaviours such as physical distancing, mask-wearing and hand washing as household overcrowding increases. Among people living in uncrowded households, 79% reported trying to physically distance themselves compared with 71% in moderately overcrowded and 65% in extremely overcrowded households. Similar trends were observed for handwashing and mask-wearing, underscoring vulnerabilities due to socioeconomic status.
Gaps in Health Information Systems
The pandemic has also revealed significant gaps in country health information systems. A first of its kind Score Global Report on Health Systems and Capacity 2020 assess health information systems in 133 countries, covering 87% of the global population. The report reveals that only half of countries include disaggregated data in their published national health statistical reports.
Among several key findings, the income divide between high and low-income countries is reflected in the lack of health information system capacity to address fundamental areas such as the registration of births, deaths and causes of death. While some countries have achieved sustainable capacity in some key areas, no country has a fully mature system capable of meeting their evolving needs for health information. For instance, while 97% and 82%, respectively, of high-income and upper-middle-income countries, have well-developed and higher capacity for death registration, only 27% of lower-middle-income countries and no low-income countries achieve the same capacity.
Focused spending on key programme areas such as immunization and tuberculosis, has improved their data availability but has not uniformly strengthened the reporting system. For example, less than 50% of countries have data available for mental health disorders compared to almost 100% of countries that have data for immunization and tuberculosis.
The report also indicates that data quality is a critical issue for health facilities with about 40% of countries not showing clear evidence that data quality assurance processes have been followed for their published health facility data. There is legitimate concern about the quality of cause-of-death data. Only 28% of countries have less than 10% ill-defined cause-of-death codes. The remaining 72% either do not record cause-of-death data using International Classification of Diseases (ICD) codes,  or have more than 10% ill-defined cause-of-death codes.
Need for robust health facilities and information systems
One of the most important takeaways from these surveys is weaker health systems risk jeopardizing hard-won health and development gains made in recent decades. As the pandemic is likely to ebb and flow over the coming months, real-time monitoring of changes in health service delivery and utilization is needed.
Featured Image: COVID-19 Impact on essential healthcare services


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Review: MSMEs and the many challenges they face
Sai Krishna Muthyanolla
July 3, 2020
MSMEs play an important role in the Indian economy so much so that they contribute around 30% of the GDP. Despite playing such an important role, they face multiple challenges. It remains to be seen if the government’s recent measures help the sector overcome these challenges.
Addressing the nation on 12May 2020, Prime Minister Narendra Modi gave a call for ‘Aatma Nirbhar Bharath Abhiyan’ or Self-reliant India. A  package for ₹ 20 lakh crores were announced by the government to overcome COVID-19 crisis, the details of which were announced over next few days. In the first tranche of details, measures for  MSMEs (Micro, Small, Medium Enterprises) were announced. MSMEs were among the worst effected affected during the lockdown.
These measures announced by the government were aimed at providing support and stimulus to MSMEs, which make a key contribution to Indian economy. The recent events involving China and the call for banning Chinese imports have reemphasized their role in the larger movement for a self-reliant India.
In this story, we take a look at the current state of MSMEs in India, the recent measures announced by the Government of India and the prospective impact of such measures.
MSMEs account for around 30% of India’s GDP
MSMEs account for a major share of India’s GDP. They are spread across various sectors including manufacturing & services and service both domestic and global market.
As per the data provided in Annual Report 2018-19, of the Ministry of Micro Small and Medium Enterprises, the  volume GVA ( Gross Value Addition) of MSMEs have increased over the five year period of 2012-17 , however their share in the total GVA and GDP has slightly reduced.
For the year 2012-13, the GVA of MSMEs was ₹ 30.2 Lakh crores which formed 32.8% of total GVA and 30.4% of the total GDP of the country.  In the ensuing year, the GVA of MSME increased to ₹ 33.8 lakh crores, which is 32.7% of total GVA and 30.2% of total GDP.
The latest information available in the report is for the year, 2016-17, where in the total GVA of MSMEs was ₹ 44.05 lakh crores. This is 31.8% of the total GVA in that year and 28.9% of the total GDP. (Note that the volume of GVA is adjusted as per current prices).
Around 11 crore people employed by MSMEs as per 2015-16 survey
As per National Sample Survey (NSS) 73 round conducted during 2015-16, MSMEs created around 11.1 crores jobs. Out of these, a majority are employed in Trade with 3.87 crores. MSMEs involved in Manufacturing employ around 3.6 crores while another 3.62 lakh crores are employed in Other services. A minute portion i.e. around 7 thousand jobs are under ‘Non-captive Electricity Generation and Transmission.
Out of the total employment in MSMEs, 6.12 crores are employed in Urban areas and the remaining 4.97 crores jobs are in Rural areas. While MSMEs in manufacturing employee more in Rural areas compared to Urban, it is vice versa for MSMEs in Trade and Other Services, where the employee generation is higher in Urban areas.
More than 99% of the MSMEs are Micro Enterprises
As per the estimates of National Sample Survey, there are a total of 6.33 crore MSMEs in India as of 2015-16.  Of these, 3.24 crores are in Rural areas and 3.09 crores in urban areas.  More than 99 % i.e. around 6.31 crores of MSMEs are Micro Enterprises. There are estimated to be around 3.31 lakh Small scale enterprises and 0.05 lakh medium scale enterprises.
The highest number of MSMEs were engaged in Trade related activities with 235.3 lakh of which 121.64 lakhs are in Urban areas and the rest in Rural. A total of 206.85 lakh MSMEs are engaged in ‘Other Services’ while 196.65 lakh enterprises are engaged in Manufacturing activity. Among the MSMEs in Manufacturing sector, majority of them are in Rural areas with 114.14 lakh MSMESs and 82.5 lakh in Urban areas.
Cabinet approval for change of definition for MSMEs
As the number indicates, significantly large portion of MSMEs are categorized under Micro enterprises. This categorization is done on the basis of an earlier definition of MSMEs, the one which has changed in subsequent years.
On 01 June 2020, the Cabinet Committee on Economic Affairs has approved a change in the definition on the MSMEs. This change in definition is based on the announcement made as part of the Aatma Nirbhar package.
The classification of MSMEs into Micro, Small & Medium enterprises is based on the criteria defined in MSME Development Act, 2006.  Investment is a major criterion for such classification.
Apart from these, ‘Annual turnover’ is also used as a criterion for classification. Prior to the current approval for the change in definition, there have been two earlier attempts to change the definition.
As per the initial definition provided under MSME Development Act, the criteria of classification were different for enterprises involved in Manufacturing activities and those involved in Services. This has now been modified in the new definition, wherein no classification was made on the basis of activity of the enterprise.
Further, in the earlier definition, only the investment was considered as a criterion. As per the new definition, even turnover is included for classification of MSMEs. This is based on an Expert committee report of RBI, which recommended the use of turnover as criteria instead of investment.
The 294th Report of the Parliamentary Standing Committee on Industry, on MSME Development Bill, 2018 suggested the inclusion of ‘Number of employees’ also for the classification, which was not considered. In many of the developed economies, the classification of MSMEs is made on the basis of number of employees as one of the criteria.
Change in definition could result in inclusion of many enterprises under MSMEs
The change in definition of MSMEs will have an impact on the enterprises currently classified under different categories of MSMEs as well result in inclusion of new enterprises.
Therefore, the re-classification as per the new definition could substantially increase the number of MSMEs and budgetary allocation under various schemes related to MSMEs.
Relief measures announced to support MSME in wake of COVID-19 lockdown
As highlighted earlier in the story, MSMEs account for nearly 31.8% of the total GVA and nearly 29% of the total GDP in 2016-17. As per National Sample Survey, it provides employment for more than 11 crores people.
The numbers indicate their influential role in the functioning of the economy. However, the lockdown due to COVID-19 had a severe effect on MSMEs. Recognizing this, the Government of India announced several measures for MSMEs in the package announced recently.
The summary of the announcements made by government in relation to MSMEs are,
As highlighted earlier in the story, change of definition for classification of MSMEs is also part of the measures announced by Government of India.
Implementation remains the key
Aatma Nirbharata or self-reliance aims at building a self-sufficient economy across different sectors. This can also refer to import substitution, wherein India can reduce the volume of imports and substitute with domestic products & services. MSMEs can play a key role towards achieving these goals.
Various input credit initiatives are an announcement in the right direction. However, previous experiences show that small businesses continue to face challenges in securing bank loans, especially with provision of collateral. There are reports, stating that banks are reluctant to issues collateral free loans, despite guarantees from the government.
Another challenge for MSMEs is delay in payments. Government itself is a culprit with long standing dues to be paid out to MSMEs. While one of the recent measures announced is to clear all pending dues within 45 days, it is still a one-time measure, assuming that the government does clear all pending dues till date.  There aren’t any policy changes announced which would safe-guard MSMEs against any future payment delays from government.
It has to be noted that these payments are pending despite the presence of MSME Samadhan initiative for delayed payments. The report of Parliament Standing Committee on Commerce and Industry- 2018 also reveals that the actual expenditure by Government of India has been consistently less than the allocated budgetary allocation for MSMEs.
While the measures announced recently are in the right direction, previous experiences indicate that implementation has been tardy and there are many gaps in execution.  Correcting these would be the key if the intended results are to be achieved.
Featured Image: Stimulus to MSMEs


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Multiple studies make recommendations to bridge learning gap caused due to school lockdowns
Sai Krishna Muthyanolla
September 18, 2021
Parliamentary standing committee on education recently released a report that made important recommendations to bridge the learning gap caused due to school lockdowns. A few other organizations like the UNICEF also made recommendations in this regard. Here is a review.
The COVID-19 pandemic affected educational systems worldwide leading to the closure of schools, colleges, and Universities. The Indian education system also saw the largest disruption in history affecting nearly 32 crore students’ population enrolled in various schools/colleges and Universities. The sudden closure left very little time for the system to prepare a strategy and transition to distance/digital learning. In several ways, the crisis exacerbated pre-existing education disparities for many of the most vulnerable children, youth, and adults.
In this article, we review the Parliamentary Standing Committee’s Report on the subject “Plans for Bridging the Learning Gap caused due to School Lockdown as well as a Review of online and offline Instructions and Examinations and Plans for re-opening of Schools “. The Committee reviewed the impact of the pandemic on the education system including preparedness and initiatives taken to ensure continued education in all fields.
Committee notes under-utilization of funds, emphasises on the ongoing and future importance of digital education
The Committee noted the under-utilization of the allotted funds by some States. The report emphasises that since the digital/online mode of education is going to be the new normal even after the pandemic subsides, efforts to technologically empower every school and student across the country should be aggressively pursued and additional funds allocated for the purpose, as per requirement.
The Committee recommended that the Department of School Education & Literacy should urge the States/UTs to fully utilize the budget grants made to them during the financial year 2021-22 to augment digital/online education and create necessary infrastructural and technological facilities required for continued learning.
Strong emphasis on comprehensive data collection/documentation of learning loss, availability, and usage of digital devices, etc.
The Committee recommends that a comprehensive assessment to collect data of the post-COVID situation leading to the learning loss due to school lockdown may be undertaken by the Department of School Education & Literacy to cover the following areas of concern:
In this context, UNICEF India’s Rapid Assessment of Learning during School Closures report recommends States to conduct virtual (call/ SMS based) and in-person meetings with parents, and students to ensure re-enrolment in case students have dropped out of school/not re-enrolled.
Use of Satellite TV and need to make educational content lively and engaging
The Committee recommends utilizing Satellite TV as a cost-effective and viable solution for telecasting educational programmes, on the model of Gujarat and Odisha. For wide outreach, educational content should be developed in all other States/UTs in collaboration with Bhaskaracharya Institute for Space Applications and Geoinformatics (BISAG-N). ISRO can be also roped in to provide increased transponder capacity for enhanced content delivery through satellite TV.
Wide publicity can be given to the educational programmes being aired on Doordarshan/ satellite TV to create awareness amongst the general public. The educational channels can also be clubbed and placed along with entertainment or news channels having high TRPs for enhanced visibility, instead of placing them at the end of the spectrum of available channels as being done at present. Similarly, increased bandwidth can be provided for community radios to air educational content, along with wide publicity given to such programmes.
In sync with these observations, a research article by Observer Research Foundation emphasises the need to promote learning through low-tech TV/ radio programmes as they are more accessible and feasible than online learning options. Along with developing country-wide e-learning infrastructure and solutions, low-cost distant-learning solutions should also be run simultaneously.
UNICEF India’s Rapid Assessment of Learning during School Closures Report in the context of COVID reverberates that awareness is cited as the primary challenge for students not using remote learning solutions.  Hence, improving awareness of these tools for learning through communication efforts seems to be a low-hanging fruit solution to drive up usage, especially for TV and feature phones where the gap is high between use in general and use for learning. The report also emphasises that special efforts must be made to sensitize parents to the importance of allowing their daughters to access and use phones/internet services.
The Committee Report also highlighted the need to re-design the presentation of educational programmes to make it more lively and engaging for the students. Theatre/Cine artists, Cartoonists can be roped in for creating interesting and engaging educational content.
The Committee recommended that the Department should take proactive measures along with the Ministry of Information and Broadcasting and the Department of Telecommunication to upgrade and revive tele-education networks in different States under the ‘Edusat’ Programme by upgrading networks, replacing obsolete equipment with the latest gadgets. States should be encouraged to use available time slots on DD regional TV channels to air educational content by utilizing existing resources and satellite capacity optimally. Further, the Committee suggested that all schools, community halls in villages, small towns, etc. should be equipped with Doordarshan Free Dish so that students can watch educational channels and learn therefrom.
Adopt the model of online courses in regional languages
The Committee recommended that recorded online courses/Massive Open Online Courses (MOOCs) may be developed in all regional languages for each class where students can customize learning speeds and timings.  An Integrated Learning Management System (LMS), a software application for overall administration may be created for the same.
Augmented and Virtual Reality Education solutions may be developed for enabling interactive learning and understanding core concepts. The committee urged the Department to enter into collaboration with the Indian Institutes of Technology and other leading engineering colleges to develop low-cost technologies for the same.
At the same time, regular feedback/control mechanisms for e-content should be made mandatory as the course designer needs to be aware of the needs of the ‘end users’ i.e., students and teachers and customize content and delivery to suit their requirements.
The Committee highlighted the need to create special audio/video content and in Indian Sign Language to cater to the curricular learning requirements of physically challenged children/children with special needs. Further, the Committee recommended that that the Department should give wide publicity to the various steps and measures taken by it to impart inclusive and equitable education to all sections of students, including Children with Special Needs (CWSN), Out-of-School Children (OoSC), and children of migrant workers, etc. so that the beneficiaries are aware of the facilities available for them. It also urged the States/UTs for better and stricter implementation of various guidelines issued in this regard, so that the benefits actually percolate to the ground level.
According to the UNICEF India Report, the States can work with District Education Officers (DEOs) to curate a list of languages majorly used across the state by different groups and ensure translated versions of all e-learning material be made available in those languages.
Against this backdrop, a Report by Centre of Catalysing Change titled “Bridging the Digital Divide for Girls” notes the example of Andhra Pradesh. The State government has partnered with Reliance Foundation and Microsoft to create digital content in local language (Telugu) and English and to use machine learning (ML) to model and predict which students are at the risk of dropping out of school. The Report also takes the example of Kerala’s virtual school education program. Samagra Shikhsha Kerala conducted a survey to calculate the number of government/aided school students who did not have access to an internet connection or a TV and conducted rigorous training of teachers.
Pre-loaded tablets, Digital Library, concessional internet packs, etc. recommended addressing digital divide
The Committee recommends the Department to make concerted efforts in coordination with concerned Ministries/Departments and make available high-speed internet connectivity and at least one TV Set, one Desktop Computer, large screens with projectors, etc. available in all schools across the country to bridge the digital divide.
For instance, the Committee suggests that the steps taken by UT of Ladakh to distribute pre-loaded Tablets may be replicated in other parts of the country. Educational content customized for secondary and senior secondary classes and re-furbished laptops with pre-loaded content/programmes may be used for this purpose. Additionally, a Digital Library with tablets, laptops, educational videos, and other digital devices may be set up in each school, wherefrom students may borrow such devices for their educational needs for a specified time period.
The report emphasises leveraging private sector expertise and resources through effective collaboration in providing digital devices to students belonging to economically weaker and marginalized sections of society. The Department is recommended to make concerted efforts to utilize CSR funds for this purpose.
Further, the Department is suggested to moot a proposal with MEITY and Ministry of Communications for provision of internet packs at concessional rates to students particularly from economically backward and marginalized sections of society as well as high-speed internet connectivity to all schools.
The best practices adopted by teachers/schools in various States/UTs to ensure continued education during the pandemic, bridge the digital divide and minimize learning loss may be collated and issued by the Department in the form of guidelines/practices to be adopted by other States/UTs to suit their specific requirements.
Training of teachers is essential to engage students digitally
The Committee highlights the need to train teachers in a strategic manner and enable them to create captivating content for digital education and engage students in online mode through active interaction and creation of a school-like ambiance. Teachers, particularly in rural, tribal, and backward areas should be given intensive training in the use of digital devices and Information Technology in collaboration with IITs, NITs, the private sector, etc.
Provision of incentives in the form of digital devices, internet connectivity, data packs, etc. at home to teachers, particularly those in rural, remote, or backward areas, would encourage them to shift to digital education and explore new strategies/innovations therein. Further, specialized training programmes may also be developed for teaching children with special needs, physically challenged children and children with learning disabilities, particularly for imparting online/distance education.
The UNICEF India report also underlines the importance to consider subsidizing device and data costs for students and teachers. Device and data affordability along with network connectivity are the largest challenges to continued learning during this time according to parents, and some of the top areas they are seeking support.
The Report suggests that the State governments can continue to connect remote areas to the digital ecosystem by setting up hotspot facilities in areas with poor connectivity. States can also explore partnerships with mobile network operators to provide free data for educational purposes to low-income and marginalized families (especially, those with girl children).
Blended/hybrid model of education for future
According to the Committee, the Department should ensure that the investment made by the Centre and States for developing digital/online education during the pandemic period are systematically integrated into the education system so that the gains achieved are not lost once normal functioning of schools recommences.
A credible, fair, and transparent system of continuous assessment should be developed and put in place even when normal functioning of schools re-commences, to meet any future emergent scenarios. This system should be over and above the final board examinations and would aid in helping students and teachers get a correct perspective of their learning curve and course-correct wherever required.
Conscious efforts should be made by the Department to remodel curricular learning at all levels to incorporate both conventional pedagogy and digital/online education in equal measure so that blended learning becomes a norm rather than a concept in the near future.
To achieve this, a study of the methods adopted by other countries in the field of blended education should be conducted and best practices can be adapted to suit the educational requirements of our country. The Department should set up at least one school on the complete hybrid model of teaching in every district and tehsil of the country. According to the Committee, these schools should become operational by October 2021, with all the necessary infrastructure. These schools can become a case study for setting up more such schools in the future and will help inspire other schools.
Featured Image: Learning gap caused due to school lockdowns

created: September 18, 2021


text:
Municipal Solid Waste generated in India to increase 7 times next 30 years
Sai Krishna Muthyanolla
April 5, 2021
The parliamentary standing committee on Urban Development recently submitted a report that provided details of the action taken by the government on its recommendations made in another report in 2019. While observing that waste management is becoming a major issue, the committee asked the government to provide fresh responses for many of the recommendations as it felt the responses were incomplete.
With the ever-increasing population and urbanization in India, waste management has become a major challenge, especially in the urban setup. Over the years, there has been a stark increase in the quantity of waste generated, and it is only expected to increase further in the coming years. The characteristics of waste being disposed have also undergone a transformation, especially with the increased use of electronic gadgets and equipment.
65 million tonnes of waste is generated every year in India as per current estimates
Currently, as per government estimates, about 65 million tonnes of waste is generated annually in India, and over 62 million tonnes of it are Municipal Solid Waste (MSW) that includes organic waste, recyclables like paper, plastic, wood, glass, etc. Only about 75-80% of the municipal waste gets collected and out of this only 22- 28% is processed and treated. The remaining MSW is deposited at dump yards. By 2031, MSW generated is projected to increase to 165 million tonnes, and further up to 436 million tonnes by 2025. Though the quantity of waste generated is increasing, waste collection efficiency in India is still catching up. It ranges from 70 to 90% in major metro cities and is below 50% in many smaller cities.
Rules for Waste Management were formulated in 2016
The major solid waste contributors in India are Municipal Solid Waste, sewage, Industrial Waste, Bio-Medical Waste, e-Waste, Nuclear Waste, and Agriculture Waste. There are multiple rules notified by the Environment Ministry, to be complied with, while disposing solid waste. These are-
Action taken report tabled in March 2021
The parliamentary ‘Standing committee on Urban Development’ submitted a report on ‘Solid Waste Management Including Hazardous Waste, Medical Waste And E-Waste’ in 2019 listing down a slew of recommendations to improve the SWM in India. An action taken report on the same was tabled in the parliament in March 2021. A total of 37 recommendations were made by the committee out of which 14 actions by the government were accepted, action taken for 21 of them were not accepted by the committee, and response for 2 was awaited by the committee. In this story, we look at those recommendations which have not been properly addressed by the government.
Issue of SWM in India needs to be reviewed in holistic manner
Recommendations: Looking at the poor figures with respect to solid waste collection, segregation, and treatment, the committee asked the government to review the issue of SWM in the country in a comprehensive manner involving all stakeholders. It also spoke about laying out a roadmap and arrangement of funds and manpower without delay considering the hazard to human health and the environment. To address the disposal of different kinds of solid waste, the committee called on the central and state governments, and Urban Local Bodies to come together and come up with a concerted initiative.
Unlike in European countries and America, India does not have the infrastructure required for SWM. The committee thus suggested that the ministries involved, and ULBs/state governments should work together and work on creating the infrastructure required to deal with solid waste. Also, it was recommended that Government should work out an integrated mechanism of SWM with industry and informal sector.
Since the composition of waste has evolved over the years, the committee called for designing the waste processing technology upon understanding the composition of waste generated. To understand the same, the committee opined that proper data on the number of different types of waste generated be collected, the lack of which has been cited as the ‘biggest handicap’ by the Central Pollution Control Board.
Action taken by the Government: In the action taken report, the government stated that SWM Rules, 2016 have laid down the roadmap for the scientific management of solid waste. Through Swachh Bharat Mission (SBM)- Urban, central assistance is provided to states and there has been significant improvement in the processing of MSW and door-to-door collection. The government’s response added that there is coordination among ministries and at various levels. As sanitation is a state subject, states and ULBs are carrying out their statutory responsibility in scientific SWM through their own Sanitation Staff, through Self-Help Groups (SHGs), NGOs, integration of rag pickers, and informal sector, etc. The committee expressed its dissatisfaction with the unavailability of data on waste composition.
Phase wise timetable to achieve scientific SWM through waste segregation needs to be maintained
Recommendations: The committee recommended coming up with a phase-wise timetable that would help in achieving scientific SWM through segregation of waste at source by October 2019. Desegregated waste is not collected in places in Goa and Kerala and similar practices promoting waste segregation should be extended to other parts of India as well.
Action taken: Though the government has listed awareness drives and cities rating for cleanliness, the committee pointed out that a timetable, as suggested by it, was absent.
Subsidized door-to-door waste collection is recommended
Recommendations: Registration of rag-pickers, as agreed by the Ministry of Housing & Urban Affairs (MoHUA) helps in reducing waste handling costs and in diverting large quantities of waste away from landfills. Though the subsidized door-to-door waste collection is recommended, the committee stated that as per rules, the waste generators should pay for collection. However, in slum areas, the ULBs may consider providing subsidies.
Action taken:  MoHUA responded that advisories have been issued for integrating ragpickers into waste management and that a fee for door-to-door collection should be collected. The response was vague and thus, the committee asked the government to relook at the recommendations.
Irresponsible disposal of sanitary waste makes recycling workers vulnerable to diseases
Recommendations: The committee noted that an estimated 2000 tonnes of sanitary waste is generated in India every day. This is disposed of carelessly making the informal recycling workers vulnerable to deadly diseases such as HIV, Hepatitis B and C, and Ebola virus. The committee opined that the manufacturers of diapers and sanitary napkins should explore the use of recyclable materials in the product. Also, the health ministry was asked to allocate adequate funds for dealing with sanitary waste. The committee also noted the gap in fund allocation, release, and utilization. As against the Mission allocation of Rs.7,365.82 crores, the releases were as low as Rs. 3,284.79 crore. Moreover, as against Rs.1490.65 crore of ‘Utilization Certificates (UCs)’ due, the total UCs received was as low as Rs. 1,116.83 crore. The trend was similar across major states like UP, Maharashtra, West Bengal, Tamil Nadu, and Karnataka.
Action taken: MoHUA stated that health was state subject and the issue of medical & sanitary waste disposal came under the state’s responsibility. Though the amount spent under SWM has been mentioned by the Ministry, the committee reiterated its recommendations for getting comprehensive final action taken response from the government.
Recommendations: The Committee noted that there are only a few functional Waste to Compost (WTC) Plants in the country and these were running much below their annual installed capacity. The government was asked to work out to establish such plants across the country with a PAN India license. Similarly, Waste to Energy (WTE) plants and technology should also be examined.
Action taken: The Ministry went on to state the SWM Rules, 2016 were the roadmap being implemented by States and ULBs. Nothing pertaining to WTC plants was addressed and hence, the committee reiterated their recommendations.
Strict enforcement of existing laws is necessary
Recommendations: The committee in its original report called for the existing legal provisions to be implemented strictly. The committee observed that E-Waste (Management) Rules (EWM) contained many good things like the convergence of stakeholders including manufacturers, dealers, e-retailers, etc., simplification in registration/authorization for dismantling under one system, withdrawing or recall of the product from the market in case of non-compliance, and other provisions. However, the implementation of rules framed under the EWM, 2016 was far from satisfactory. There were very few authorized recyclers and dismantlers in India. Similarly, facilities for hazardous waste treatment were also very few in India.
Action taken: On the aspect of strict enforcement of SWM laws, the MoHUA, as usual, has cited it to be a ‘State Subject’ whereas on the issue of ‘E-Waste management’, the government mentioned that it is to be handled by the Ministry of Electronics and Information Technology, Environment and Forests & Climate Change. The Committee has asked MoHUA to furnish a comprehensive action taken report.
Use of plastic in road construction was suggested
Recommendations: The Committee recommended that landfills be disincentivized and converted into parks instead. The committee observed that continued use of landfills would mean that the land required each year would be an additional 1240 hectares. Further, to reduce plastic waste from getting dumped, the committee has called for extensively using plastic for road construction. The funding pattern for ULBs was suggested to be reviewed to ensure that ULBs can carry out SWM projects on their own.
Action taken: Just like in the case of most recommendations, the government provided vague & incomplete responses such as the issue of advisories and did not address the committee’s suggestion. In the case of reviewing the funding pattern, the government disagreed stating that Ministry is only providing central assistance generic to all States/UTs as decided by the Cabinet and SWM is a state subject.
Co-ordination between various agencies looks like the primary issue
From most of the responses provided by the government, it looks like the primary issue in dealing with the issue of waste management is coordination between the various agencies involved in addressing the issue. The Central Government is limited to making rules and providing certain funds while the onus of implementation is with the states the local bodies. Without serious co-ordination between these agencies, effective waste management will not take place. While many rules are in place, they need to be strictly adhered to through a combination of local innovation & using local expertise.
Featured Image:  Municipal Solid Waste Management in India