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Reopening of Educational Institutions – the many factors at play
Sai Krishna Muthyanolla
June 11, 2020
Education is probably the worst affected sector by COVID-19. There is an ongoing debate over when to reopen schools & colleges. While the health & safety of children are often discussed and rightly so, the economic & social factors also need to be considered.
There is an ongoing debate on whether schools need to re-open and when amidst the COVID-19 pandemic. Schools and other educational institutions in India were among the first few institutions to be shut. Since March 2020, schools, colleges, coaching centers and all other educational institutions have been shut. Parents and child rights activists are opposing government’s plans to re-open schools and are demanding that school be reopened only when  the number of cases go down to zero or vaccines are out. An online petition on change.org titled, ‘No Schools until Zero Covid Case in the State or until Vaccines are out’ has received more than 7.5 lakh signatures as on 10 June 2020. Parents are pushing for continuing this academic year through online classes.
90% of global student population across 190 countries was affected by closure of educational institutions
About 157 crore students, almost 90% of the global student population, across 190 countries have been affected due to the sudden closure of educational institutions to contain the spread of the virus, according to UNESCO. Furthermore, UNESCO added that 100 countries had not yet announced a date for re-opening schools, while 65 countries had plans for partial or full re-opening. A total of 32 countries had decided to end the ongoing academic year online. As on 10 June 2020, country wide closure of schools continues in 144 countries.
In India, the closure did not disrupt the ongoing academic year to a large extent since the lockdown was announced towards the end of the academic year. Many states have already announced cancellation of final exams for the ongoing academic year. Many schools have begun the new academic year via online classes. However, dilemma persists on re-opening of schools because of two main reasons discussed below.
Will re-opening of schools result in rapid spread of COVID-19?
The first of these is whether re-opening of schools will result in rapid spread of the COVID-19. Safety at schools is a major concern for parents since ensuring social distancing and hygiene practices with students is a difficult task.  Studies from across the globe show that children may transmit the virus, but not at the level that is being feared.
As can be seen, the studies across the world have thrown up varied results though the common understanding is that children are less susceptible to COVID-19.
Are online classes effective?
Secondly, even though classes have resumed through online platforms, there are questions around the effectiveness of these classes. Meanwhile, access to internet, electricity, and computers or televisions is another important aspect that needs to be addressed if online classes are to continue. Otherwise, those without access to these resources stand to lose out who are mostly the poor & marginalized.
In India, government schools not only provide a platform for learning, but also provide nutrition through midday meals, health, and social protection to students. This part of the schooling system cannot be replaced with online learning and hence students are losing out on these.  The MHRD’s dashboard on school infrastructure shows that 96.25% of the schools have electricity and less than 90% have the basic drinking water facility. Since schools lack these basic amenities, availability of laptops/computers, internet, and other facilities for teachers to take online classes is a huge challenge, though some state governments have launched dedicated TV channels to bridge this gap.
Schools play an important role in the labour market
While health & qualitative aspects are no doubt important, the economic aspect of schools is a not often discussed, since it is considered recession-proof. Schools play a pivotal role in the labour market in India, especially the female labour force. Schools provide employment not only to teachers but also maids, security staff, lab assistants, and many others. With the indefinite closure of schools, many of these working in the private sector budget schools stand to lose out on jobs & salaries.
UDISE’s provisional data for 2018-19 shows that there are a total of 15.5 Lakh schools in India, 2.46 lakh in urban and 13.04 lakh in rural areas. Almost 70% of the schools are managed by the government, 21% by private management, 5.4% are aided schools, and the remaining 3.6% fall in the others category.
These schools provide employment to over 94 lakh teachers in the country, number of female teachers being slightly more than their male counterparts. Government provides employment to almost 52.5% of the teachers while private managements employs 35%. Aided schools employ about 8.7% and other schools give employment to 3.8%. In addition to teachers, schools provide employment to many others. Amidst the lockdown, private school employees have had salary cuts and delayed payments. In other words, employment of more than 30 lakh people are affected by closure of schools. If private colleges, coaching centers and other educational institutions are considered, the number of employees affected could be well over a crore, in turn affecting a crore households. The decision to re-open schools should also consider the fate of all these people.
Countries have started gradually re-opening schools
According to UNESCO, in China, schools are re-opening gradually in select regions, especially for those students in the final year of secondary education. Most schools continue to remain closed in larger regions. Schools have been opened in Australia, New Zealand, Netherlands, France, Japan, and Switzerland. In Italy, the government has announced closure of schools till the end of the academic year with classes continuing through distance learning. Meanwhile, in UK, schools are opening in a phased manner- primary schools were scheduled to open from 01 June 2020, and the same for secondary schools was from 15 June. However, only 25% of the secondary school students are to be present at a time. Online education is being promoted.
WHO has released guidance on factors to be considered for re-opening schools
WHO has advised countries to make decisions on whether to close, partially open, or fully re-open schools based on a ‘risk- based’ approach. The following points need to be considered to make decision:
Further, governments should look at other factors on why schools must open. This includes widening education disparity, risk of non-return to school, domestic violence, etc. If schools are re-opened, it is necessary that social distancing is followed within and outside classrooms for all school activities and immunisation checks is available at entry.
MHRD to decide school re-opening in India in July after consultation with states and UTs
In India, based on Home Ministry’s guidelines issued on 30 May 2020, schools, colleges, and other educational institutions will be opened only after consultations with the states and UTs. The states may hold consultations with parents and other stakeholders at institutional levels. The final decision on re-opening of educational institutions will be taken in the month of July. In the meantime, the HRD minister announced that the ministry was contemplating the option of reducing syllabus and instructional hours in the new academic year. MHRD has also called for suggestions regarding framing of guidelines in education sector.
Featured Image: Reopening of Educational Institutions


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Reports about Reserve Bank of India closing down certain commercial banks are false - FACTLY
Sai Krishna Muthyanolla
September 26, 2019
A piece of news that the Reserve Bank of India (RBI) is closing down certain commercial banks is going viral on social media. Let’s try to analyze the authenticity of the news.
The Reserve Bank of India is closing down nine commercial banks.
Fact:  The Reserve Bank of India has issued a clarification that the reports about it closing down nine commercial banks are false. So, the claim is FALSE.
The news that RBI is closing down certain commercial banks is doing rounds for the past few days. On visiting the Twitter account of RBI, a tweet made by it rubbishing such news was found. In the tweet, RBI clarified- ‘Reports appearing in some sections of social media about RBI closing down certain commercial banks are false’.
Reports appearing in some sections of social media about RBI closing down certain commercial banks are false.
The same was also clarified by Finance SecretaryRajeev Kumar through a tweet. He tweeted- ‘There
are mischievous rumours on Social Media (picture below) about @RBI closing some banks. No
question of closing any #PSB, which are articles of
faith. Rather Govt is strengthening PSBs with reforms and infusion of capital
to better serve its customers  @FinMinIndia @PIB_India
There are mischievous rumours on Social Media (picture below) about @RBI closing some banks. No question of closing any #PSB, which are articles of faith. Rather Govt is strengthening PSBs with reforms and infusion of capital to better serve its customers @FinMinIndia @PIB_India pic.twitter.com/43XoZGoOa0
Earlier, the government as a part of its banking reforms plan has merged 10 public sector banks into four and the related news can be read here.
To conclude, the reports about the Reserve Bank of India closing down certain commercial banks are false.
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source: news-factly

created: September 26, 2019

license: Creative Commons - Attribution - https://creativecommons.org/licenses/by/4.0/

author: Sai Krishna Muthyanolla


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Representation to Participation: Women in Panchayat Raj Institutions & State Assemblies
Sai Krishna Muthyanolla
April 7, 2018
While representation of women in Panchayati Raj institutions has improved with the 73rd amendment, their representation in State Legislature remains low. As is noted in various studies, representation is only the first step to ensure equal participation in decision making.
In 1992, when the 73rd and 74th Constitutional Amendments introduced local self-governance, it was  an unparalleled step to consciously empower women as decision makers with 1/3 of the seats reserved for women. Today, 14 states have 50%-58% representation of women in Panchayat Raj Institutions. Jharkhand leads the way with 58%, closely followed by Rajasthan and Uttarakhand.
Uttar Pradesh has the highest number of women sarpanches at 19,992 but only 34% of total sarpanches. The state of Odisha has 3600 woman sarpanches, an above average 58% of the total number. Manipur has the least percentage of women sarpanches with just 2% representation.
Women in State Legislatures
According to the Government of India statistics, for elections held during 2013 to 2017 for various State Legislative Assemblies, percentage of women representation is only as high as 14% (in Bihar, Haryana & Rajasthan). On an average at all India level, as of 2017, 9% of the State Assembly members and 5% of the State Council members were women. In Mizoram, Nagaland and Puducherry have zero women MLAs.
Andhra Pradesh has the highest percentage of women members in the State Legislative Council at 9%, 4% higher than the all India average of 5%.
Legislation is only a first step
Even though India has managed to legislate representation, it is only the first step in a long way ahead for women to be on par with men as decision makers. Representation alone is inadequate and until it is manifested as participation, it remains limited in its capacity to empower women in the public sphere.
According to a study by the International Center for Research on Women, effective participation frequently gets subdued due to institutional and social barriers in the case of women. Capacity building to enable women in proactive participation will need institutional reform as well as dismantling existing power structures such as oppressive patriarchy, physical and emotional violence against women at home and in the public spheres. The study findings also reaffirm that women elected representatives face varied gender specific constraints. As more and more women aspire to take their rightful place within governance bodies, it is important for all institutions (state, family and community) to respond to women’s specific needs such as bridging gaps in education, renegotiating gender roles, the gender division of labour and addressing biased attitudes. This, coupled with a discourse to engender institutional and operational frameworks to place strategic gender interests at the core of the governance processes will go a long way in exploiting the potential of panchayats as spaces of democracy and equitable development.
This is Part 2 of a special series on ‘Women in Decision Making roles’. Read
Part 1: Missing Gender Diversity in the Indian Judiciary
Part 3: Women Ministers: Breaking the Glass Ceiling
Featured Image: Women in Panchayat Raj Institutions & State Assemblies


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Republic Day-2015 video is falsely being shared as ‘India and Pakistan armies exchanging sweets for Diwali’ - FACTLY
Sai Krishna Muthyanolla
November 4, 2019
A video that shows personnel of India and Pakistan armies exchanging sweets is being shared widely on Facebook with the claim that they are doing so on the occasion of Diwali. Let’s analyze the authenticity of that claim.
Video of India and Pakistan armies exchanging sweets on the occasion of Diwali
Fact: The video shows personnel of India and Pakistan armies exchanging sweets during India’s 66th Republic day in 2015. So, the claim is FALSE.
When searched on Youtube with the keywords ‘Indian soldiers exchange sweets with Pakistan at LoC’, many search results were obtained. A search result among them had the news video of ‘Headlines Today’ with the visuals seen in the video. From the video, it was found that Indian soldiers have exchanged sweets with Pakistan counterparts at Uri on the occasion of India’s Republic Day in 2015.
Information from the tweet of ‘ANI’ also corroborates that the video shows personnel of Indian and Pakistani armies exchanging sweets at Uri during India’s 66th Republic day in 2015.
Kaman Setu,Uri (J&K): Sweets exchange ceremony between Indian & Pak Army on the occasion of 66th Republic Day pic.twitter.com/A2oGEiFNOY
To summarize, an old video is falsely being shared as ‘India and Pakistan armies exchanging sweets for Diwali’.
Did you watch our new Episode of the DECODE series?

created: November 4, 2019


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Republic Day Parade - Number of Tableaux at the Republic Day Parade Year wise
Sai Krishna Muthyanolla
May 10, 2018


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Republic Day Parade - Type of Republic Day Tableaux
Sai Krishna Muthyanolla
May 10, 2018


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Revenue from Entry Fee - Top 8 Indian Monuments - FACTLY
Sai Krishna Muthyanolla
March 26, 2016
The Archaeological Survey of India (ASI) manages 116 monuments in 19 different states. Revenue from entrance fee is collected by ASI and remitted to the consolidated fund of India. Here are the Top 8 Monuments.


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Revenue through Excise Duty & VAT/Sales Tax on Petrol & Diesel
Sai Krishna Muthyanolla
September 11, 2017

created: September 11, 2017


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3.5 billion people across the globe might need at least one assistive product by 2050
Sai Krishna Muthyanolla
May 24, 2022
In May 2022, the first Global Report on Assistive Technology was released by the WHO and UNICEF. The report was released to fulfil a commitment made four years ago during the 71st World Health Assembly. Among other things, the report brings to light the various facets related to assistive technology like policy, access, among other things.
Assistive technology is an umbrella term used for products and related services such as spectacles, hearing aids, wheelchairs, and prostheses, that make the lives of persons with permanent or temporary functional difficulties easier. Not only does this include people with disabilities, but also persons with communicable and non-communicable diseases, elderly people, persons with mental health conditions, and persons who face a gradual functional decline of their organs and require support to enhance it.
WHO defines assistive technology as ‘the application of organized knowledge and skills related to assistive products, including systems and services.’ An assistive product has been defined by the organization as ‘any external product (including devices, equipment, instruments, or software), especially produced or generally available, the primary purpose of which is to maintain or improve an individual’s functioning and independence, and thereby promote their well-being.’ This includes products used to prevent impairments and secondary health conditions.
2.5 billion people require at least one assistive product which is expected to touch 3.5 billion in 2050
Globally, more than 2.5 billion people need at least one assistive product. This number is expected to increase to 3.5 billion in 2050 due to ageing and the increase in the prevalence of non-communicable diseases. Despite being a matter affecting billions globally, it was only recently in May 2022 that the first Global Report on Assistive Technology was released by the WHO and UNICEF, indicating that this has not been discussed as it should have been. The report was released to fulfil a commitment made four years ago during the 71st World Health Assembly when the member states requested WHO to prepare such a report to study the access to assistive technology. The report has been prepared based on a survey across 70 member countries, including India.
Assistive technology has many benefits
Assistive technology has a wide range of benefits- from individual to community and society-level. It enables people to live an independent and autonomous life while improving their access to education, healthcare, and labour market. While it helps improve their social relationships and mental health, it also comes with socioeconomic benefits such as enhancing inclusive culture, increasing rates of employment and productivity, better educational outcomes, unpaid family support providers taking up more paid work, etc.
Despite multiple conventions and programs, access to assistive products is low
In 1982, the World Programme of Action Concerning Disabled Persons (WPA) was adopted. This was the first UN document which defined disability as a consequence of the relationship between people with disabilities and their environment. The WPA emphasized on approaching disability from a human rights point of view. A central theme of the programme was “Equalization of opportunities”, aimed at full participation of persons with disabilities in all aspects of social and economic life. The Convention on the Rights of the Child (CRC) which was adopted in 1989 also stipulates that children with disabilities should be given special care and assistance, free of charge whenever possible.
Later, in 2006, the United Nations Convention on the Rights of Persons with Disabilities was adopted. This has been ratified by 181 states out of the total 197, including India, as of June 2020. The states are obliged to promote, protect, and ensure the rights of persons with disabilities. The convention also calls for research and development of technologies for aiding persons with disabilities at an affordable cost, and international collaboration to do so.
The 71st World Health Assembly, 2018 adopted the resolution entitled ‘Improving access to assistive technology’, in connection with which the report has been published, and urges all member states to take action to improve access to assistive technology.
‘Seeing’ was the most common functional disability affecting 1 in 5 persons
Despite these conventions & measures, the global need for assistive technology is far from being met. As pointed out by the report, more than 2.5 billion people globally require at least one or more assistive products but about one billion simply have no access to them. About 900 million needed other or more assistive products than spectacles. Among the population aged 60 years and above, two-thirds needed at least one assistive product, while the prevalence of need is lower in younger age groups. The need for multiple assistive products was also more likely among older people.
According to representative self-reported population surveys in 29 countries, about 10% to 69% of people reported that they needed assistive products. The survey also found that the most common functional disability reported was ‘seeing’ with a prevalence of 20.9% among the participants. This was followed by mobility (12.1%), cognition (6.4%), hearing (4.8%), self-care (4.1%) and communication (2.4%). The prevalence of need is more among older people. Similarly, the prevalence of need was more among females as compared to males.
The need for spectacles was the highest among all types of assistive products, the prevalence of which ranged from 9.9% to 68.9%. Additionally, it was observed that the need for spectacles was higher in countries with higher HDI. Devices to support mobility like canes and crutches, wheelchairs, etc., and hearing aids were among the other most needed assistive products. Access to certain assistive products is given in the following chart, the data of which is sourced from the report.
The access to these needed assistive products ranged from 3% in poorer countries to 90% in richer countries. In countries with very high HDI, 16.6% of the population needed assistive products (excluding spectacles). Of them, 79.3% had access to the product. At the same time, in countries with low HDIs, 8.2% of the population reported that they needed assistive products (excluding spectacles) and only 7.6% of them had access to it. Across genders, the access for males was also higher than that for females, which increased in countries with lower HDI.
Affordability and availability are the main barriers to access
Affordability was reported by 43.5% to be the most significant barrier to accessing assistive products. Lack of support and unavailability were other significant barriers as stated in the report. About 65.5% of the respondents spent money out of their own pockets on assistive products. About 65.4% (excluding spectacles) reported having travelled up to 25 km to obtain the device while in some countries, more than 20% of the users reported having travelled more than 100 km.
Of the 70 countries surveyed, 62 had at least one piece of legislation on access to assistive technology. The majority of the countries covered it under health or social services while 20 countries had separate legislation. In almost all countries surveyed, there was a ministry or other authority responsible for assistive technology.
The report recommended that governments invest in research, and innovation, and develop enabling ecosystems. Further, it recommended that public awareness be made to combat stigma. The inclusion of assistive technology in humanitarian responses, investment in data and evidence-based policy, and involvement of users of assistive technology and their families was also recommended.
ADIP Scheme and RVY are being implemented by India to provide assistive products to the poor
India has a Department of Empowerment of Persons with Disabilities (Divyangjan) under the Ministry of Social Justice and Empowerment. Scheme of Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP Scheme) is being implemented to provide aids and assistive devices to eligible persons with disabilities.
Similarly, Rashtriya Vayoshri Yojana (RVY) implemented since 2017 is a central sector scheme for providing Physical Aids and Assisted-living Devices for Senior citizens belonging to the BPL category. Artificial Limbs Manufacturing Corporation of India (ALIMCO) is the major implementing agency of both schemes.
According to a parliament response on 08 February 2022, the Ministry stated that aids and assistive devices were provided to 10.85 lakh Divyangjan across the country, worth Rs. 713.12 crores during the last three years and the current year. According to another parliament response on the same day, it was stated by the Ministry that there were a total of 1,98,666 beneficiaries under the RVY scheme.
An action taken report on the recommendations of the parliamentary standing committee in 2021 noted that the procurement policy of ALIMCO is being changed to encourage Indian manufacturers to produce assistive devices indigenously under the ‘Make in India’ program. The committee also recommended that surprise audits of distribution camps across states be conducted to ensure that the quality of products being distributed.
Featured Image: Global Report on Assistive Technology


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Climate Vulnerability Assessment: 7 of 8 vulnerable states to Climate Risks are Eastern States
Sai Krishna Muthyanolla
April 26, 2021
Recently, the Department of Science and Technology released a report titled ‘Climate Vulnerability Assessment for Adaptation Planning in India Using a Common Framework’ which identifies the most vulnerable states and districts in India with respect to current climate risk and key drivers of vulnerability. 7 of the 8 most vulnerable states to ‘Climate Risks’ are the Eastern States
Recently, the Department of Science and Technology released a report titled ‘Climate Vulnerability Assessment for Adaptation Planning in India Using a Common Framework’ which identifies the most vulnerable states and districts in India with respect to current climate risk and key drivers of vulnerability. The assessment which is part of capacity building programme under two National Missions on Climate Change- National Mission on Sustaining the Himalayan Ecosystem (NMSHE) and National Mission on Strategic Knowledge for Climate Change (NMSKCC), is a result of the joint efforts of the Indian Institute of Technology (IIT) Mandi, Indian Institute of Technology (IIT) Guwahati, Indian Institute of Science (IISc) Bengaluru, Climate Change Programme (CC) – SPLICE Division, Department of Science & Technology (DST) and the Swiss Agency for Development and Cooperation (SDC).
Climate risk varies across regions
Rising sea levels, increased temperatures, extreme weather events, and others are a result of climate change which has severe consequences on biophysical systems like forests and rivers, as well as socio-economic systems such as livelihoods and agriculture. The impact of climate change is not uniform and varies across regions due to different factors some of which are urbanization, environmental degradation, level of exposure, demography, social conditions, and economic parameters. Different regions hence have different vulnerabilities. The Intergovernmental Panel on Climate Change (IPCC) defines vulnerability as ‘the propensity or predisposition to be adversely affected’.
Identifying vulnerable regions helps in adaptation planning and investment
Carrying out such vulnerability assessment would help in identifying areas that are more prone to the consequences of climate change and hence greater attention can be paid to these areas while devising mitigation and adaptation strategies, preparedness, adaptation planning, and prioritizing action. Furthermore, it is critical for developing adaptation projects for the Green Climate Fund, Adaptation Fund, and funds from multilateral and bilateral agencies. The findings from the report are also helpful to facilitate Nationally Determined Contributions, which aims to adapt better to climate change by enhancing investments in development programmes in sectors vulnerable to climate change, particularly agriculture, water resources, health sector and regions such as the Himalayan and coastal regions, etc.
Vulnerability has been analysed in 29 states including erstwhile Jammu & Kashmir
The assessment was carried out in 2019-20 across 29 States including the erstwhile state of Jammu and Kashmir. States and districts have been ranked on the basis of the vulnerability index which has been calculated using secondary data concerning biophysical, socio-economic, and institution and infrastructure-related vulnerability indicators. Indicators have been shortlisted based on data availability. Data between 2011 and 2019 has been used for arriving at the index score. The 14 indicators used for all-India state-level analysis are the following.
Jharkhand is relatively the most vulnerable state to climate risk
State-wise climate vulnerability index (VI) ranges from 0.42 to 0.67 which implies that all states have to deal with issues related to climate vulnerability. Jharkhand had the highest VI of 0.67 while Maharashtra had the lowest of 0.42. It is important to note that the measure is relative. One cannot conclude that Maharashtra is not vulnerable. The VI ranking shows that Jharkhand is relatively the most vulnerable state to climate risks while Maharashtra is the least vulnerable in relative terms.
7 out 8 most vulnerable states are in eastern part of the country
Jharkhand, Mizoram, Odisha, Chhattisgarh, Assam, Bihar, Arunachal Pradesh, and West Bengal in that order have been identified to be the most vulnerable states. Except for Chhattisgarh that lies in Central India, the remaining seven states lie in the eastern part of the country.
Uttar Pradesh, Tripura, Gujarat, Meghalaya, Jammu and Kashmir, Rajasthan, and Madhya Pradesh are in the category of ‘moderate vulnerability’ with their VIs ranging from 0.528 to 0.582. Manipur, Andhra Pradesh, and Karnataka also fall in this category, with VIs between 0.503 to 0.52.
Himachal Pradesh, Telangana, Sikkim, Punjab, Uttarakhand, Haryana, Tamil Nadu, Kerala, Nagaland, Goa, and Maharashtra are the states with low vulnerability as per the index. Their VI is below 0.5. Three out of the five southern states fall in the low vulnerability category.
Most of the highly vulnerable states have low per capita income and low HDI
Vulnerability is multi-dimensional. The drivers of vulnerability can be different for different states as noted in the report. The reason behind the high vulnerability of Jharkhand is the higher proportion of BPL population, the prevalence of rainfed agriculture, and high incidence of vector-borne diseases while in Odisha, the prevalence of marginal and small landholdings, lack of forest area, and vector-borne diseases incidence caused the index to be high. Overall, the main reason behind the highly vulnerability of the eight states is that most of them are poor states with a low per capita income and low Human Development Index. Lack of forest cover, high disease prevalence, and lack of an adequate number of health care workers also drive the vulnerability in these states. Further, a higher proportion of the BPL population, rainfed agriculture, and lack of crop insurance are other factors affecting vulnerability.
Lack of forest was major driver in states with low and moderate vulnerability
As per the report, each state can have more than one indicator which drives their vulnerability index. In the moderately vulnerable states, the lack of forests per 1000 rural population is what drives their vulnerability. One in three health indicators lacked in each of these states. However, the lower proportion of BPL population, better implementation of MNREGA and their road-rail network are the indicators that reduce the vulnerability of these states.
Meanwhile, in the states with low vulnerability, it can be seen that lack of forest area per 1000 rural population, lack of crop insurance, and the prevalence of rainfed agriculture are what drove their vulnerability. These states are not highly dependent on natural resources for their income. Their infrastructure, health indicators, and MGNREGA implementation are way better than the other states.
Looking at all the states irrespective of the level of vulnerability, lack of forest area is the main driver of vulnerability in 17 different states followed by lack of crop insurance and prevalence of rainfed agriculture in 11 states. Only one state, Arunachal Pradesh recorded MGNREGA implementation as a major driver.
19 out of 27 districts in Assam were among the 50 most vulnerable districts
The district-wise vulnerability assessment is based on 612 districts, which cover the same geographical area as the current 718 districts. The recent bifurcation of districts in various states has not been included due to data unavailability for the indicators
District-wise VIs ranged from 0.34 in Lahul & Spiti in Himachal Pradesh to 0.75 in Karimganj in Assam. Hence, all the districts have to deal with concerns related to vulnerability. Ranking on the basis of vulnerability of these districts, from high to low, shows that the four most vulnerable districts are in Assam and the 13 most vulnerable districts are either in Assam or Bihar. 19 out of 27 districts in Assam were among the 50 most vulnerable districts and 15 out of the 38 in Bihar figure in the top 50 vulnerable districts.
Assam (92.6%), Bihar (81.6%), and Jharkhand (62.5%) have over 60% districts in the category of highly vulnerable districts. Not a single district from Arunachal Pradesh, Chhattisgarh, Goa, Gujarat, Himachal Pradesh, Kerala, Meghalaya, Nagaland, Sikkim, Punjab, Rajasthan, Tripura, and Uttarakhand were in the highly vulnerable category.
Low sown area under horticulture was the major driver of vulnerability in 392 districts
Among the various drivers, the low sown area under horticulture was the major driver of vulnerability in 392 districts followed by lack of forest are per 100 rural population in 336 districts and lack of crop insurance in 306 districts. The net sown area under horticulture was low for 109 districts out of the 153 most vulnerable districts. Lack of forest area per 100 rural population is found to be a major driver in 99 highly vulnerable districts. Only 15 districts had recorded poor health infrastructure as the major driver of the 612 districts. Likewise, Female Literacy Rate was the major driver in 16 districts.
The indicators used for the assessment have been adjusted to ensure data availability. According to the DST’s press release, there are plans to even conduct assessment of Hazard and Exposure to arrive at overall climate risk.
India had most fatalities due to climate change globally in 2018
The German Watch Global Climate Risk Index- 2019 has ranked India 5th out of 181 countries, which means that India has an extremely high exposure and vulnerability to climate change and associated risks. India fell from its 14 rank in 2017 of the countries hit most by climate change-induced weather phenomena. Furthermore, India has also recorded the highest number of fatalities due to climate change and the second-highest monetary loss from its impact in 2018.
Most reports identify India as one of the countries facing a high risk of climate change. The immediate focus must be given to come up with effective mitigation and adaptation strategies to minimize risk in the coming years. The climate vulnerability assessment is a step in the right direction, the analysis of which should be used to devise the right kind of mitigation strategies.
Featured Image:  Climate Vulnerability Assessment


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A parliamentary standing committee on ‘Empowerment of Women’ calls for improved safety measures at schools
Sai Krishna Muthyanolla
July 24, 2020
The parliamentary standing committee on ‘Empowerment of Women’ looked at the issue of the working condition of women teachers in the country. At an All India level, more than 52% of the teachers are female. Among other things, the committee has called for improved safety & security measures at schools.
Teaching is one among the very few professions that is dominated by women. Keeping in view the importance of female teachers in schools, the parliamentary standing committee on Empowerment of Women submitted an exhaustive report entitled ‘Working conditions of women teachers in schools’ in February 2019. The study undertaken by the committee included various aspects ranging from recruitment and salary to transfer, safety and security issues, sexual harassment, and grievance redressal. A total of thirteen recommendations were put forth by the committee.
The 13 recommendations have been divided into five broad categories for the purpose of this two-part series. The five broad categories are;
In March 2020, a report on the action taken by the government following the committee’s recommendations was submitted in the Parliament. The government had accepted ten of the recommendations and furnished an interim report on one. The committee did not accept the government’s response on two of the recommendations and re-iterated those recommendations.
In this story, the first two categories- Education for all and women teachers, and Safety, Security, and Grievance Redressal, have been discussed. The remaining will be discussed in a subsequent story.
Education for all needs to be ensured
School education and teachers play a crucial role in development of individuals. It is well-known that education is fundamental for a country’s growth and development. The committee pointed out that to have a knowledge-based society and law-abiding citizens, education for all is absolutely necessary for India. The committee thus recommended the strengthening of education sector by further investing in primary and secondary school infrastructure to ensure affordable and quality education for all.
Even though the Constitution guarantees free and compulsory education to all children between six to fourteen years of age, there are still many who are deprived of it. More than 97% of the habitations in the country have a primary school within a radius of 1km and more than 96% of the habitations have an upper primary school within 3 km radius as per data of 2018-19.  This number varies across states. Basic facilities such as all-weather roads, water supply, toilets, and classrooms are also found lacking in government schools in comparison with private, aided, and unaided schools, according to some studies.
The MHRD in its response to the committee has stated that a ‘New Education Policy’ is underway which also focusses on making education inclusive for all by ‘bridging the social and gender gaps’. It further states that under Samagra Siksha, the government is implementing various schemes for universalization of primary and secondary education. In its response, the government also stated that the Delhi Directorate of Education has been following a comprehensive strategy for the upgradation of infrastructure in the government schools such as construction of additional classrooms, toilets, CCTV camera installation, etc. The New Delhi Municipal Council has even started Joyful Libraries and Digital Libraries and introduced Bio-metric Attendance System for teachers, as per the action taken report submitted by the government.
More women teachers are needed to encourage girls to enrol in schools
Not only are students equipped with knowledge and skills, but their personality is also shaped in schools. Teachers are considered role models for students and hence, their well-being influences the quality of education that students receive. Furthermore, Women teachers are required in schools for encouraging parents to send their girl child to school. Their retention, performance and personality development are also influenced by the women teachers. Thus, the committee recommended that increasing women representation in teaching should be done through policy initiatives. For instance, teachers for smaller classes and girls only schools can be wholly handled by women teachers, or even by modifying posting such that more women pursue teaching.
Opportunities for female teachers need to be created
The standing committee report in 2019 observed that women representation among teachers is varied. The Kendriya Vidyalaya Schools workforce constituted 44% women teachers while in Navodaya schools, the same percentage was only 25%. Meanwhile, schools under South Delhi and New Delhi Municipal Corporations, the percentage of women teachers was 68% and 70% respectively. MHRD stated that at an All India Level, Government Schools’ workforce had 52.22% women teachers and towards the end of 2018, KVs had close to 50% women teachers. In order to encourage more women to take up teaching, it is necessary that the safety and security of the women is ensured in the schools. Furthermore, basic amenities such as separate toilets need to be provided.
Regular skill development and training programs are required to keep teachers up to date
National Council for Teacher Education (NCTE) was constituted by the Indian Government to impart skill development training to teachers. MHRD too has conducted programs through in service and distance learning modes. However, the committee has asked all institutions to focus on inculcating desirable qualities required for a teacher including emotional intelligence and positive attitude, gender sensitive issues like crimes against women, laws, POCSO Act, educating young girls about menstruation and menstrual hygiene. The committee has emphasized that the training programs should help foster moral values by teachers to avert student violence. NCERT, SCERT Delhi, and other municipal councils in Delhi stated that they conduct workshops and training programs for the same.
Schools continue to follow outdated Vishaka Guidelines to deal with sexual harassment cases
Except for a few government schools in Delhi, the committee observed that schools continued to follow Vishaka Guidelines that are outdated. The committee had also noted in its 2019 report that the disposal of harassment complaints was slow. The guidelines have now been superseded by Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Not only should this law be implemented, but the same needs to be communicated to all teachers and staff. It was also stated that  District Education Officers (DEOs) must organize special grievance redressal sessions for school teachers at regular intervals which shall be monitored by concerned ministry through periodic reports. The committee has called for the constitution of setting up of Grievance Redressal Mechanism for women teachers and students in the education sector by constituting Grievance Redressal Committee and the ‘Internal Complaint Committee’ at the earliest.
As a response, the MHRD listed out the rules pertaining to this under RTE Act, 2009. Different Municipal councils in Delhi listed out the measures taken by them such as installation of complaint boxes, setting up of Internal Complaint Committee, etc. However, the responses have not been accepted by the committee and reiterated that all the schools should have such committees.
Safety and security for Women teachers needs to be ensured
Women teacher raised several security concerns at their workplace. Lack of security guards at government school premises was one such concern. Another security concern was when they were summoned for election commission duties and census. The committee recommended that self defence programs be imparted to female teachers and students, which is being implemented under Samagra Siksha. Efforts taken by CBSE have been appreciated by the committee. The CBSE has issued a circular to their schools to take measures like psychometric evaluation of staff, safety audit of premises, CCTV monitoring, and character antecedents verification of security guards and visitor management. Meanwhile, most government schools do not even have a security guard. Lastly,  the committee recommended that measures be taken to allay the fear in the minds of the female teachers while they are on electoral or census duties.
Featured Image: Empowerment of Women


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A recent UNCCD report says 75% of world population will be affected by droughts by 2050
Sai Krishna Muthyanolla
May 27, 2022
Recently, the United Nations Convention to Combat Desertification (UNCCD) released the Drought in Numbers, 2022 report, which emphasizes on the need to make a global commitment to drought preparedness and resilience in all global regions a top priority. The report notes that 75% of the world population will be affected by droughts by 2050.
Globally, the impact of climate change is being felt by every country. The IPCC report published in 2021 found that climate change is intensifying the water cycle, it brings in more intense rainfall and is also associated with flooding and more intense drought in many regions. Besides, it is affecting rainfall patterns, increasing sea levels, amplifying the melting of glaciers and ice sheets, and causing extreme weather events more frequently. It also noted that the frequency of droughts in parts of Asia has increased over the years.
Recently, the United Nations Convention to Combat Desertification (UNCCD) released the Drought in Numbers, 2022 report, on the Drought Day at UNCCD’s 15th Conference of Parties held in Côte d’Ivoire. The report emphasizes on the need to make a global commitment to drought preparedness and resilience in all global regions a top priority. Droughts have significant impacts on societies, ecosystems, and economies.
Droughts account for 60% of deaths due to extreme events
According to the report, more than a crore people lost their lives due to major drought events since 1900 causing several hundred billion USD in economic losses worldwide. Since 2000, the number and duration of droughts have risen by 29%. Though droughts accounted only for 15% of the disasters in the period from 1970 to 2019, droughts caused approximately 6.5 lakh deaths globally. Mortality related to droughts is around 60% of the total deaths caused by extreme weather events. Furthermore, it has been estimated that over 1.4 billion people were affected by drought in the period from 2000 to 2019. Between 2020 and 2022, a total of 23 countries have faced drought emergencies including India’s neighbouring countries such as Afghanistan, and Pakistan. Other countries include Angola, Brazil, Burkina Faso, Chile, Ethiopia, Iraq, Iran, Kazakhstan, Kenya, Lesotho, Mali, Mauritania, Madagascar, Malawi, Mozambique, Niger, Somalia, South Sudan, Syria, US, and Zambia.
The report also noted that Africa is the most affected continent by severe droughts, with more than 300 events recorded in the past 100 years, constituting 44% of the global total. The intensity and frequency of climate disasters have increased in sub-Saharan Africa in recent years. However, Asia accounted for the highest total number of humans affected by drought since 1900.
Droughts have social, economic, and ecological consequences
Increased indebtedness, migration, lower quality of life, and unemployment are some of the consequences of droughts. The impact on women and children is disproportionately higher. Women in particular have to deal with the burden of water collection for which they end up spending about 40% of their calorific intake on carrying water, leading to anaemia and other health issues.
In addition to the impact on human lives, droughts come with heavy economic costs. Droughts are estimated to have caused global economic losses of roughly USD 124 billion from 1998 to 2017. In Europe alone, more than USD 27.8 billion in economic losses were recorded in the past century whereas, in the US, crop failures and other economic losses due to drought have totalled several hundred billion USD over the last century. Since 1980, the loss reported was USD 249 billion. In India, severe droughts have been estimated to have reduced India’s GDP by 2 to 5%.
With respect to agriculture productivity, droughts cause low yields posing challenges to food security. The total agricultural productivity fell by 18% in the period from 2002 to 2010 following the Australian Millennium Drought. In Europe, an annual average of 15% of the land area and 17% of the population within the European Union is affected by drought. A 2021 report by FAO on “The impact of disasters and crises on agriculture and food security” noted that 82% of all damage and loss caused by drought was absorbed by agriculture in low- and lower-middle-income countries between 2008 and 2018.
Significant impact on ecosystems has also been highlighted in the recent UNCCD report. About 12 million hectares of land are lost to drought and desertification. 14% of wetlands which are critical for migratory species, as listed by Ramsar, are in drought-prone regions. The Australian megadrought contributed to ‘megafires’ in 2019-2020 in which 3 billion animals were killed or displaced. This has been considered the most dramatic loss in post-colonial history. Droughts are also causing wildfires. 84% of terrestrial ecosystems are threatened by changing and intensifying wildfires. Decreasing biodiversity, both in the number of individuals and plant species has been observed in Indonesia due to peatlands fires. In Amazon, drought events are becoming increasingly common, and if this is left to continue, 16% of the region’s remaining forests will likely burn by 2050.
India is among countries that are highly vulnerable to droughts
The UNCCD report has mapped the vulnerability of all areas across regions. The report observes that India’s vulnerability is higher compared to most parts of the world. Parts of South India- Kerala and Tamil Nadu, and the Hindu-Kush Himalayan region are more vulnerable compared to the rest of the country.
75% of the world population will be affected by droughts by 2050
In the coming years, it is only expected that climate change will further increase the risk of droughts in many vulnerable regions of the world, especially those parts which have rapid population growth. The report noted that within the next few decades, 129 countries will experience an increase in drought exposure. Without proper action, the annual loss in Europe alone is projected to rise to more than EUR 65 billion. By 2050, it is estimated that droughts may affect over three-fourths of the world’s population.
The report has called for a paradigm shift from a ‘reactive’ approach to a ‘proactive’ and ‘risk-based’ drought management approach. It has also highlighted success stories from different parts of the world to recommend measures such as sustainable land management and ecosystem restoration policies, initiatives like natural forest regeneration, rotation forestry, regenerative agriculture, energy farming, etc. Information Technology and Indigenous Knowledge with Intelligence (ITIKI), a drought early warning system that integrates Indigenous knowledge and drought forecasting to help small-scale farmers make more informed decisions in Mozambique and Kenya is highlighted in the report.
Ministry of Agriculture monitors droughts in India
In India, the Ministry of Agriculture is the nodal Ministry for monitoring and managing drought conditions. Droughts are classified into three.
Factly had earlier written in detail about how drought is declared in India.
Between 1877 & 2009, the India Meteorological Department (IMD) declared 27 years as drought years. Since 2009, IMD discontinued the declaration of drought years. In these 27 years, the percentage of areas affected by droughts ranged from 21% to 69%. The following table has detailed information.
An average of 109 districts were affected by droughts annually
An average of 109 districts were affected by droughts between 2005 and 2017, according to Envistats 2022 data, compiled from the Ministry of Agriculture. Most districts were affected in 2009 (338) followed by 2015 (270). In 10 out the 13 years, districts from Andhra Pradesh were affected by drought. This is the highest among all states. Districts in Rajasthan and Karnataka were affected in 9 years and 8 years respectively.
Proactive and reactive measures for drought management
For drought management, India has rolled out various measures over the years. Drought Prone Area Development Programme and Desert Development Programme are aimed at addressing the issues specific to the drought-prone areas in the country. 971 blocks of 183 districts across 16 states have been declared as drought-prone under Drought Prone Area Programme (DPAP), whereas 234 blocks of 40 districts in 7 States are identified under Desert Development Programme (DDP), as per a parliament response in 2021.
Under MGNREGA, an additional fifty days of wage employment is also provided over and above the 100 days in notified drought-affected areas. The National Disaster Response Fund (NDRF) and State Disaster Response Fund (SDRF) constituted under the 2005 Disaster Management Act also provide financial relief to the affected people. In the years 2018-19, 2019-20, and 2020-21, the centre approved Rs. 9,211 crores, Rs. 265.6 crores and Rs. 117.3 crores for drought relief (predominantly in Kharif season) under NDRF.
Additionally, National Agricultural Insurance Scheme (NAIS) and Weather Based Crop Insurance Scheme also support farmers affected by droughts.
Featured Image: Drought in Numbers, 2022 report


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Review: Allahabad HC Rules That First Wife Can File Applications Under Hindu Marriage Act for Declaration of Husband’s Second Marriage as Void.
Sai Krishna Muthyanolla
August 9, 2023
In this week’s review of Court Judgments, we look at the Allahabad High Court upholding the rights of first wife to file application to void husband’s second marriage, Bombay High Court’s observation that Daughter cannot continue mother’s maintenance claim after her death, Calcutta High court’s verdict relating to allegation of theft by husband against his estranged wife, Supreme Court’s order regarding a Cheque dishonour case and Delhi High Court’s verdict regarding a case of similar logo.
Allahabad HC: First wife can file applications under Hindu Marriage act for declaration of husband’s second marriage as void.
Allahabad High Court held that the Hindu Marriage Act is a social welfare legislation and intends to protect the rights of the first wife. It upheld the rights of the first wife to file an application under Section 11 (void marriages) of the Hindu Marriage Act, 1995, for the declaration of her husband’s second marriage as void.
As per the details of the case,  Garima Singh vs. Pratima Singh and Another 2023, the second wife approached the High Court claiming that the first wife could not file a case under section 11 of the Hindu Marriage Act, 1955, against her and her husband (who is deceased) as only parties to the marriage agreement can file for declaration under Section 11.
The division bench was dealing with the question, of whether the first wife is entitled to file a case under sections 11 & 17 of the Hindu Marriage Act, 1955, for declaring her husband’s marriage with another woman, as null and void.
The court observed and held that the Hindu Marriage Act is a social welfare legislation and needs to be interpreted in a manner that advances the object of the legislation. It stated that purposive interpretation should be adopted while implementing socio-welfare legislations.
On the question of the reference to “party” in Section 11 of the Hindu Marriages Act, the court interpreted that it refers to anyone aggrieved by the solemnization of a second marriage having the option to file a suit in the family court.
It did not agree with the reasoning by the Single judge of the Allahabad High Court in an earlier case, Lakshmi Ammal vs. Ramaswami Naicker,  wherein it noted that an application under Section 11 could only be filed by the parties who are party to the marriage.
The two-judge bench comprising of Justices Saumitra Dayal Singh and Vinod Diwakar observed that the object of the Hindu Marriage Act was to eliminate the practice of polygamy and the court must interpret and apply the law to achieve objective of legislation.
Bombay HC: Daughter cannot continue mother’s maintenance claim after her death
Bombay High Court bench consisting of Justice Ravindra V Ghuge and Justice YG Khobragade, held that daughter cannot continue her mother’s claim of maintenance from her husband after her death, as the right to claim maintenance under the Hindu Adoption and Maintenance Act (HAMA) is an individual right against another person.
As per the details of the case, Jayshree @ Pushpa vs. Satyendra s/o Shivram Jindam, one Jayashree filed an application under Section 18 of HAMA, seeking enhancement of maintenance awarded to her from her husband – Satyanedra Jindam. She is now deceased, and her married daughter sought to continue the case and filed the present application seeking her to be recognised as her mother’s legal heir.
In the application, it was noted that initially, the relationship between her parents was cordial which strained in later years and eventually led to separate living arrangements. Jayashree filed a petition before the Family Court, in Nanded, seeking maintenance of Rs. 1.5 lakhs per month. However, the family court granted maintenance of Rs.10 thousand per month. She filed an appeal under Section 19 of the Family Courts Act seeking enhancement to the maintenance.  In the meantime, she passed away, while the appeal was still pending in the court.  Her daughter argued that as a legal heir, she has the right to continue with the appeal.
The question before the courts was whether the right to sue survives with the legal heirs of the deceased in the case for enhancement of maintenance under personal law and more specifically under the Hindu Adoption and Maintenance Act.
The respondent i.e., husband of the deceased argued that the right to maintenance under the act is limited to legally wedded wife and children and the right to claim maintenance is personal in nature and ceases upon the death of the person who claimed maintenance under the statute.
The court examined the legal provisions including Order 22 Rules 1 & 2 of the CPC. The court noted that the right to claim maintenance under personal laws like the HAMA, is an individual prerogative right and is specific to an individual.
The court rejected the application holding that the appeal has abated as right to sue for enhancement of maintenance does not survive for the married daughter in respect of her deceased mother’s claim. The court clarified that the daughter can, however, recover any arrears of maintenance granted against her father as a legal heir, after obtaining a succession certificate from the competent court of law.
Calcutta HC: Woman taking regular worn ornaments when leaving matrimonial home after 29 years can’t be basis for criminal proceedings
A single judge bench of Justice Shampa (Dutt) Paul of Calcutta High Court recently quashed the criminal proceedings initiated against a woman by her husband, for the alleged theft of certain gold ornaments and valuables from her matrimonial home. It noted that the items she was accused of stealing were worn on a regular basis by traditional Bengali married women.
As per the details of the case, Mithu Dash @ Bhuiya vs. State of West Bengal & Anr, the petitioner had been married to the complainant since 1999 and due to tremendous torture since marriage, she lodged a complaint for a commission of offences of domestic violence.
She submitted that as a counter to her complaint, her husband who was a practicing advocate filed a police case against her under Section 420 of the IPC for the offence of theft. She further alleged that the husband initiated numerous malicious criminal proceedings against her and that he had even preferred an application under Section 125 CrPC for maintenance from the petitioner, which was later withdrawn. The petitioner submitted that she had preferred an application for the dissolution of her marriage with the complainant under Section 27 of the Special Marriage Act, which was still pending, and that due to the husband’s status as a practicing advocate, it became difficult for her to find legal representation for herself.
Counsel for the petitioner argued that, in pursuance of the investigation in one of the aforesaid cases, the Magistrate had issued a search warrant for the recovery of articles belonging to the complainant. It was argued that such an order was an “abuse of process”.
It was submitted by the husband that there were sufficient materials on record against the petitioner, to proceed to trial.
Upon perusing the materials on record and the arguments of the parties, the court noted that these ornaments/accessories as described, are worn on a regular basis by a traditional Bengali married woman, who chooses to wear them. The phones which might be for her own use and the ornaments as described, cannot be the basis of a criminal case between a married couple, that too, after 29 years of marriage. These allegations clearly do not make out any case as alleged under the Indian Penal Code against the petitioner and thus, this is a fit case where the inherent powers of this court should be exercised.
The Court allowed the instant revision application and noted that the allegations against the petitioner did not make out any case under the IPC, and thus the impugned proceedings were liable to be set aside. In light of the difficulties faced by the petitioner in finding representation, the Court further apprised the petitioner of her right to representation in legal proceedings.
Supreme Court: In a Cheque dishonour case, interim compensation can be ordered to be paid only after accused pleads not guilty
In the case Pawan Bhasin vs. the State of UP, the Supreme Court held that where a cheque is dishonoured, the interim compensation can be directed to be paid only after the accused has pleaded not guilty as per section 143A(1) of the Negotiable Instruments Act, 1881.
The Supreme Court bench led by Justices Ravindra Bhat and Aravind Kumar was hearing a Special Leave Petition preferred by the petitioners against Allahabad HC’s order which did not find any illegality in the summoning order.
As per the details of the case, there was a financial relationship between the petitioner (in this SLP) and the complainant for which cheques were issued. The complaint was that to satisfy the loan as well as the benefit, the cheque was given which was dishonoured.
The counsel appearing for the appellant argued that the order requiring such a deposit was made by the Magistrate at a stage prior to when notice under Section 251 was sent to the accused petitioner.
The counsel appearing on behalf of the respondent argued that the trial has proceeded to its final stage. The complainant’s evidence as well as the appellant’s statements have been recorded. So, no prejudice would be caused to the appellant.
The issue before the court was whether, in a cheque dishonour case, interim compensation can be granted even before the accused pleads not guilty under section 143A(1) of NI Act, 1881
The Court after analysing section 143A(1) held that direction for payment of interim compensation can only be made after the accused has pleaded not guilty. Accordingly, the trial court’s order was untenable in law and quashed. However, it also held that the trial was at an advanced stage, therefore, the complainant can seek relief, even under section 143A since it can be claimed at any stage.
Delhi HC: ‘Whitehat SR” deceptively similar to ‘WhiteHat Jr” mark, can’t be permitted to be used in physical or online platforms.
In the case of Whitehat Education Technology Pvt. Ltd vs Vinay Kumar Singh, Delhi High Court was dealing with a suit filed by WhiteHat Education Technology Private Limited against Vinay Kumar Singh who was providing services related to digital and online marketing, web development through the domain name or website www.whitehatsr.in.
It was alleged that the structural similarity of the “W” logo used by Singh, with an arrow pointing upwards, to WhiteHat Jr’s logo with a rocket launching upwards, indicated a deliberate design to deceive customers.
Disposing of the suit, the Court observed that Singh cannot be permitted to use the impugned mark “Whitehat SR” either in physical or online platforms in any manner whatsoever. It permanently restrained an individual from using the ‘Whitehat SR’ mark, logos, or any name which is an either identical or deceptively similar variant of the mark “WhiteHat Jr” which is registered in favour of an online coding tutoring platform for children.
The Court also directed Godaddy.com to transfer the domain name www.whitehatsr.in upon payment of requisite charges, if any.

created: August 9, 2023


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Review: Allahabad HC Rules That Husband Must Provide Maintenance to Wife Even if he has no Income but is Physically Able
Sai Krishna Muthyanolla
January 31, 2024
In this edition of the Court judgements review, we look at the Allahabad HC’s ruling that the husband must provide maintenance to his wife even if he has no income but is physically able, Jharkhand HC’s comments that it is obligatory for wives to care for their elderly mothers-in-law or grandmothers-in-law, Karnataka HC’s ruling that additional motorcycle passenger beyond the permissible limit is liable for contributory negligence in an accident, and Supreme Court’s ruling that a person cannot be convicted based on suspicion.
Allahabad HC: Husband must provide maintenance to wife even if he has no income but is physically able
In Kamal vs. State of Uttar Pradesh, the petitioner had filed a revision plea before the Allahabad High Court challenging the order of the principal judge asking him to pay a monthly maintenance of Rs. 2,000 to his estranged wife. According to the facts, the couple got married in 2015. The wife left the matrimonial home over dowry demand and went to live with her parents.
The petitioner stated that he worked as a labourer. He added that he resided in a rented accommodation and took care of his dependent family. He also stated that he was severely ill and was undergoing treatment. He further contended that his wife, a graduate, earned enough to support herself. In contrast, his wife contended that she was forced to leave her marital home due to dowry-related cruelty. She argued that the husband owned agricultural land, had a factory job with a monthly salary of Rs.10,000, and generated an additional income from his business and agricultural land.
The Bench of Justice Renu Agarwal verified the medical documents and held that he was not seriously ill. The Court noted that the wife did not provide evidence that the husband earned income from some sources as she claimed. However, it held that there was clear proof of his good health and capability to earn, making him responsible for providing maintenance to his wife. The Court also pointed out that the revisionist didn’t present any proof during the trial that his wife was involved in adultery, which could impact her entitlement to maintenance. Referring to case from 2022 and dismissing the plea, the Bench stated that a husband, if physically able, is obligated to earn at least through physical labour and cannot evade his responsibility to provide financial support.
Jharkhand HC: It is obligatory for wives to care for their elderly mothers-in-law or grandmothers-in-law
In the case, Rudra Narayan Ray vs. Piyali Ray Chatterjee, the husband, filed a plea in Jharkhand High Court against a Family Court’s order that directed him to pay Rs. 30,000 per month to the wife and Rs. 15,000 per month to the minor son. He claimed that the lower court overlooked his wife’s behaviour. The couple was married in 2013, but issues arose over living with in-laws and alleged dowry demands. The wife left in June 2018, refusing to return. The husband sought judicial separation under Section 10 of the Hindu Marriage Act, citing the wife’s refusal to care for his elderly mother and grandmother.
The High Court deliberated on two matters. First, if the wife left the matrimonial home without valid cause, and second, whether the maintenance granted is disproportionate considering the husband’s income and liabilities.
Justice Subhash Chand found that the wife left willingly because she didn’t want to care for her elderly in-laws. She pressured her husband to live separately, which he resisted. Further, witnesses confirmed that there were no dowry demands. Citing Article 51 of the Constitution of India, the Bench emphasized that in Indian culture, it is customary for wives to care for their elderly mothers-in-law or grandmothers-in-law. The wife had an obligation to serve her husband’s mother and grandmother, and it was deemed unreasonable for her to demand to live separately from them and so she was not entitled to maintenance. It also quoted lines describing the role of woman in a family, from Yajurveda, Rigveda, Brihat Samhita and Manusmriti.
With respect to the minor son’s maintenance, the Court directed a raise from Rs. 15,000 to Rs. 25,000 per month considering the petitioner’s financial capacity. The petition was thus partly allowed.
Karnataka HC: Additional motorcycle passenger is liable for contributory negligence in accident
The appellant in the case, ICICI Lombard Company Limited vs. Harshita and Another, filed the appeal in the Karnataka High Court against the judgment and award by the Motor Accident Claims Tribunal in an accident case. The occurrence of the accident and the injuries sustained by the claimant are undisputed. The questions to be addressed by the High Court were whether the claimant contributed to the accident through negligence and whether compensation for the loss of future income due to disability is justified. The Tribunal had awarded her a total compensation of Rs. 5.87 lakhs under various heads.
According to the insurance company, the medical report suggested that the claimant fell from the bike while riding. Additionally, they argued that even if the claimant is considered a pillion rider, the presence of three persons on the motorcycle led to a skid, and so the claimant, being aware of the situation, contributed to the risk, constituting contributory negligence. However, the claimant asserted that as a pillion rider, the claim is valid, supporting the Tribunal’s decision. They argue that the presence of three pillion riders doesn’t imply the claimant’s contributory negligence and urged the dismissal of the Insurance Company’s appeal.
Justice Hanchate Sanjeev Kumar of Karnataka High Court observed that police records confirmed four individuals on the motorcycle, including the claimant as a pillion rider. Acknowledging the claimant’s awareness of the situation, the Court held that she invited risk as a pillion rider. It also held that she was entitled to only 80% of the determined compensation amount as her negligence contributed to the remaining 20% in the accident. Further, the court ruled that the claimant is not eligible for compensation for the loss of future earnings due to disability since she was continuing in the same job with the same salary even after the accident.
SC: A person cannot be convicted based on suspicion
Raja Naykar vs. State of Chhattisgarh is an appeal against the Bilaspur High Court’s decision in a murder case in 2015. In 2009, the accused committed murder by using a dagger on the deceased, wrapping the body in a blanket with others. The accused was convicted based on some evidence, like a dagger with potential bloodstains. However, it wasn’t conclusively proven that the blood was from the accused. The trial court relied on blanket pieces being similar to the accused’s. The High Court upheld the conviction, citing the accused’s lack of explanation. The accused challenged the conviction before the Supreme Court, arguing that it relied solely on suspicious recoveries without proving guilt beyond reasonable doubt.
The Bench of Justices B R Gavai and Sandeep Mehta held that suspicion, no matter how strong, is not enough to convict someone. To declare someone guilty, there must be solid proof beyond a reasonable doubt. On these grounds, the Bench re-examined the case. Noting that the only factor that might help the prosecution is finding the dagger based on information provided by the current appellant, the Bench observed that the said recovery is also from an open place accessible to one and all. Moreover, the blood discovered on the dagger did not match the blood group of the deceased. Merely finding a weapon with bloodstains was not enough for a conviction unless it is proven to be connected to the accused’s murder of the deceased, the Bench added.
Allowing the appeal, the Bench held that a person accused cannot be declared guilty based only on suspicion. It emphasized that there must be some additional evidence supporting the accusation to secure a conviction.
Bombay HC: Copyright assignees can issue music licenses without being registered copyright societies under Section 33(1) of the Copyright Act
The Bombay High Court heard a series of copyright infringement suits involving Novex Communications Private Limited and Phonographic Performance Limited as plaintiffs and passed the order in Novex Communications Pvt Ltd. vs. Trade Wings Hotels Limited. The two companies, PPL and Novex, are entities in India involved in managing the licensing and protection of sound recordings. They filed disputes to establish their status as exclusive copyright owners and to assert their right to prevent infringement of that copyright.
On the other hand, the defendants argued that the two companies were not authorized to conduct the business of licensing copyrighted works since they were not copyright societies. According to Section 33 of the Copyright Act, only copyright societies have the right to engage in licensing activities.
The Bombay High Court Bench of Justice R I Chagla observed that PPL and Novex as assignees/owners of copyright license their work under section 30 of the Act. Section 30 of the Act allows the owner of the copyright in any existing or future work to grant licenses. This means that the copyright owner has the legal authority to give permission or grant specific rights to others through a written license. The owner or their authorized agent can enter into a formal agreement outlining the terms and conditions under which others may use the copyrighted work.
The Bench held that the plaintiffs possess the authority to provide rights in the copyright through licensing under Section 30 of the Act, regardless of whether they are actively involved in the licensing business. Additionally, Section 33(1) of the Act does not prohibit an owner from conducting the business of licensing or collecting license fees.

created: January 31, 2024


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Review: Allahabad HC Rules That Long Period of Continuous Separation Amounts to Cruelty Under the Hindu Marriage Act, 1955.
Sai Krishna Muthyanolla
January 24, 2024
In this edition of Court judgements review, we look at the Supreme Court’s judgement on the share of children from void marriage in parents’ property, Allahabad High Court’s judgement on prolonged separation as a form of Cruelty, Karnataka High Court’s judgement on disclosures in election nomination forms, Delhi High Court’s judgement on maintenance under domestic violence act, and Kerala High Court’s order on ‘Criminal Misconduct’ under Prevention of Corruption Act.
Supreme Court: Children born from a marriage deemed void are entitled to rights regarding their parents’ property.
In Raja Gounder and Others vs. M. Sengodan and Others, the apex court held that any child born of a marriage, which would have been considered legitimate had the marriage been valid, is granted legal legitimacy by statute. Such a child is entitled to rights over or in the property of their parents, not in the property of any other individual.
The two-judge bench comprising of Justice M.M. Sundresh and Justice S.V.N. Bhatti was hearing an appeal against the judgement of the High Court. The brief facts of the case are as follows: Muthusamy Gounder had three marriages, out of which two are deemed to be void. He had five children- four sons and a daughter out of these three marriages. The legitimate son filed a partition lawsuit before the trial court, which adjudicated it in his favour. The other offsprings filed an appeal against this judgement in Madras High Court, which was subsequently dismissed. The current petition is against this order.
The trial court and High Court held that no evidence is presented by A-2 and R-2 to prove the factum of the marriage with Muthusamy Gounder. As a result, their claim for the status of the children through the extended family as coparceners was rejected.
The apex court looked at the material evidence such as the mortgage deed, joint patta, and voters lists, which declared that A-1, R-1, and R-3 as sons of Muthusamy Gounder. Thus, A-1 and R-1 as sons of Muthusamy Gounder is an inescapable consequential conclusion reached by the Court. The court relied on a similar case, Nirmala vs. Rukminibai, whereby the Karnataka High Court considered the binding nature of admission by a common ancestor in a matter of inheritance under Section 18 of the Indian Evidence Act, 1872.
Further, the court held that once it is established that the other offspring are extended family, irrespective of whether such marriage is void or not, denying them a share in the common property is unsustainable in law. The court relied on the apex court judgement in Revanasiddappa and another vs. Mallikarjun and others, which read down sections of the Hindu Marriage Act, 1955, and Hindu Succession Act, 1956, and held that a child born from a void marriage will have rights to or in the property of the parents.
Accordingly, the judgements of trial and High Courts are set aside, and a preliminary decree of partition is passed.
Allahabad HC: Long period of continuous separation amounts to cruelty under Section 13 (1) (ia) of the Hindu Marriage Act, 1955.
The Allahabad High Court, in Charu Chug Alias Charu Arora vs. Madhukar Chugh, held that living separately for a considerable amount of time itself amounts to cruelty under Section 13 (1)(ia) of the Hindu Marriage Act, 1955, and becomes a ground for divorce.
The division bench of the High Court comprising of Justice Vivek Kumar Birla and Justice Donadi Ramesh was hearing an appeal against the order of the Family court in divorce petition. The brief facts of the case are as follows. The appellant wife and the respondent husband were married on 15 April 2002, as per Hindu traditions. Post-wedding, the couple stayed together only for a short period and never lived together continuously for long periods. The husband, in a divorce petition, asserted that he was deserted by his wife, and was subjected to mental and physical cruelty. During the reconciliation proceedings, it was recorded that she was not interested in conciliation proceedings or any compromise in the matter.
During proceedings, it was found that the wife committed mental cruelty by leveling false allegations of demand of dowry, physical abuse, and extra-marital affairs of the husband.
The High Court relied on the apex court judgement in Rakesh Raman vs. Kavita, whereby it was held that the long separation and absence of cohabitation and the complete breakdown of all meaningful bonds and the existing bitterness between the two, has to be read as cruelty under section 13(1) (ia) of the Hindu Marriage Act, 1955. The apex court, in the above case, relied on the three-judge bench judgement in Samar Ghosh vs. Jaya Ghosh, which broadened the scope of mental cruelty in divorce proceedings.
Accordingly, the court did not find any suitable ground to set aside the divorce, and the appeal was dismissed.
Karnataka HC: Electoral candidates must reveal about legal cases filed against them, regardless of whether they were acquitted or if the case was dismissed.
In Mudiyappa vs. Basavaraj @ Basappa & Others, the Karnataka High Court held that whenever a candidate submits nomination forms, they are required to disclose any criminal cases filed against them, regardless of whether they were acquitted or if the case was dismissed. Irrespective of the impact of the disclosure on the election, all details of the particular candidate must be available for the electorate to decide.
The single-judge bench comprising of Justice Suraj Govindaraj was hearing a petition against the trial court order that set aside his election to gram panchayat for failure to disclose an acquittal. The counsel for the appellant argued that such disclosure is only in cases of convictions and not in cases of acquittals since acquittals absolve all liability. However, the counsel for the respondents argues that all criminal proceedings must be declared, irrespective of the final status.
Hearing both sides, the court listed the following issues that need to be considered.
On the issue of disclosure of criminal proceedings in cases of acquittal, the court held that the mere fact of filing a complaint and starting criminal proceedings is enough for a candidate to mention it in their nomination form. On the issue of the election being declared void, non-disclosure of relevant details amounted to suppression since the electorate had the right to know all criminal antecedents. Accordingly, the election is declared void.
On election being materially affected, the court relied on the apex court judgement in Democratic Union of India vs. Association for Democratic Reforms and another with Peoples Union for Civil Liberties and another vs. Union of India and another, wherein the Apex Court has imposed a duty of disclosure on each and every candidate along with nomination form filed. It is the duty of the candidate to disclose all material facts irrespective of whether such disclosures materially affect the result of the election.
Since this is a case of non-disclosure, the High Court did not find fault with the order of the Trial court. Accordingly, the petition is dismissed.
Delhi HC: Even if there is a determination of cruelty against the wife, that alone cannot be a sufficient reason to deny maintenance.
In A vs. B, the Delhi High Court held that there is no bar of cruelty in the right of a wife to claim maintenance, even if such cruelty is proved in divorce cases. Findings of cruelty in divorce proceedings cannot by themselves be a basis for denying maintenance.
The single-judge bench comprising Justice Amit Bansal was hearing a petition by the wife challenging the judgement passed by the Additional Sessions Judge (Appellate Court), South-East District, Saket Courts, New Delhi, that set aside the Trial court’s judgement which directed the husband to pay a sum of Rs.1,00,000/- per month towards maintenance as well as compensation under Section 22 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) to the Wife. The facts of the case are as follows. The couple got married on 10 February 1991, through Arya Samaj rituals, and they had a child born on 28 December 1991. The wife claimed that her husband, who she says is an alcoholic, would often physically abuse their child while under the influence, leading to the child experiencing an 80% loss of hearing in his left ear. In response, the wife filed a complaint under Section 12 of the Domestic Violence (DV) Act in the Trial Court. The Trial Court concluded that the wife had suffered domestic violence and qualified as an ‘aggrieved person’ under Section 2(a) of the DV Act. However, the husband appealed this judgment at the Sessions Court, which overturned the Trial Court’s decision and sent the case back for a retrial.
On the issue of whether the Judgment in Divorce Proceedings would have any bearing on the present proceedings, the court relied on the apex court judgement in Raj Talreja vs. Kavita Talreja, wherein it was held that the findings of cruelty against the wife by itself cannot be the basis to deny maintenance to the wife.
Accordingly, the petition is disposed.
Kerala HC: Mere conduct and action of the accused contrary to rules and departmental norms would not amount to criminal misconduct by a public servant under Prevention of Corruption Act.
The Kerala High Court, in C. Surendranath vs. State of Kerala held that ‘Dishonest intention’ is sine qua non to attract offence punishable under section 13(1)(d) of the Prevention of Corruption Act, 1988. Any action that is merely contrary to rules and departmental norms is not criminal misconduct unless dishonest intention is involved.
The single-judge bench comprising of Justice K Babu was hearing a petition seeking to quash the FIR and all further proceedings against them registered by the Vigilance and Anti-Corruption Bureau, Kasaragod. The allegation is that the petitioners, both of whom are part of tender assessment teams for manual dredging and sale of port sand, acted with dishonest intentions, engaged in criminal misconduct, and conspired with other individuals who represented societies involved in the tender process for manual sand dredging in port zones. They violated tender procedures and unfairly granted the sand dredging contract to three ineligible societies.
While the counsel for petitioners termed the allegations as baseless, the counsel for the Government alleged an illegal nexus of the petitioners with other accused. Upon hearing both sides, the court looked at the provisions of section 13(1)(d) of the Prevention of Corruption Act, 1988.
The court held that the objection behind the legislation is not to penalize a public servant for mistakes in their decisions but to penalize them for engaging in corrupt practices. Further, to be considered a violation of sub-clause (ii) of Clause (d) of sub-section (1) of Section 13 of the PC Act, the actions or decisions of the public servant must involve dishonesty and constitute corruption.
Further, the court relied on the judgement of the apex court in Zakia Ahsan Jafri vs. State of Gujarat, wherein it was held that not every act of doing something or refraining from doing it leads to the formation of a criminal conspiracy unless the actions are done intentionally, and there is an agreement among all involved parties. It further held that,
In the current case, the First Information Report (FIR) and the Final Report fail to specify the alleged offenses. There is no indication or suspicion of the petitioners committing any crimes. Allowing the proceedings to continue under these circumstances would be an abuse of the court’s process. Accordingly, the FIR and all further proceedings are quashed.

created: January 24, 2024


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Review: Allahabad HC Suggests that Authorities Should Issue Circulars from Time to Time on Issues Decided by Courts to Reduce Burden on Courts
Sai Krishna Muthyanolla
November 1, 2023
In this week’s review of Court Judgments, we look at Supreme Court’s ruling that it is entirely within the realm of privacy of a woman to decide whether to bear a child or abort her pregnancy, Delhi HC’s decision that if a certificate given by a medical practitioner is untrue, misleading or improper, he is liable to have his name removed from the rolls, Karnataka HC’s decision that no contributory negligence can be attributed to a deceased driver who was involved in an accident with a vehicle negligently parked on a National Highway among others.
SC: It is entirely within the realm of privacy of a woman to decide whether to bear a child or abort her pregnancy
In Indra Kunwar vs. the State of Chhattisgarh, the Supreme Court had to address the issue of whether an accused woman is obligated to disclose private aspects of her life during a criminal trial. Another question before the Court was regarding the extent of the rights or duties of the accused to explain the incriminating circumstances appearing against them in a statement under Section 313 of the Code of Criminal Procedure (Cr. P.C)
The case involved a woman who was convicted of killing her child and sentenced to life imprisonment. She had relations with a co-villager, as a result of which she conceived a child. It was alleged that she killed this child after giving birth and threw the corpse into a small water body.
The trial court inferred her guilt based on her admission of pregnancy and her status as a woman living alone. However, the Supreme Court criticized this approach, stating that it lacked a solid foundation and reinforced gender stereotypes. A bench of Justices Abhay S Oka and Sanjay Karol highlighted the importance of a woman’s right to privacy, especially in matters related to her body and reproductive choices, emphasizing that it falls within the realm of privacy for a woman to decide whether to bear a child or terminate a pregnancy within the legal framework.
The Court also emphasized that an accused person’s statement under Section 313 of the Cr. P.C should not lead to negative inferences, and the accused’s right to remain silent or provide a false answer should not be used against them. The accused’s statement in this case did not reflect an answer to questions regarding the child.
After a detailed examination of the evidence, the Court found that none of the witnesses could prove the prosecution’s case beyond a reasonable doubt. The appellant denied the accusations, claiming that the child’s father had forcibly caused her miscarriage. In light of these gaps in the prosecution’s case and the lack of conclusive evidence, the Court allowed the appeal, criticizing the trial court and the High Court for their handling of the case while acquitting the accused of all charges.
Delhi HC: If a certificate given by a medical practitioner is untrue, misleading, or improper, he is liable to have his name removed from the rolls
In Dr. Neena Raizada vs. Medical Council of India through its Secretary, the challenge was about the improper issuance of a medical certificate by two doctors. The allegation of the Complainant, who herself is a doctor, was that Dr. Arti Lalchandani and Dr. Ravi Kumar issued the certificate even without examining the Complainant/Petitioner.
Initially, before approaching the Supreme Court, the case was brought before the Uttar Pradesh Medical Council, which noted that the two doctors should not have provided their “opinion” on the official letterhead of the Indian Medical Association (IMA), Kanpur, without conducting a personal examination of the patient.
The petitioner then appealed against the UP Medical Council’s decision, leading the Committee of the Medical Council of India to find the two doctors guilty of professional misconduct and violating Regulation 7.7 of the Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations of 2002.
Regulation 7.7 stipulates that any registered medical practitioner who issues an improper certificate is liable to have their name removed from the Register. Regulation 8.2, on the other hand, states that if a medical practitioner is found guilty of professional misconduct, the appropriate Medical Council may impose any necessary punishment or direct the removal of the practitioner’s name from the Register, either temporarily or permanently. Justice Subramonium Prasad, after examining the relevant provisions and legal precedents, concluded that the punishment specified in Regulation 7.7 was not implicitly excluded by the powers granted to the Medical Council under Regulation 8.2. The appeal was then dismissed.
Karnataka HC: No contributory negligence can be attributed to a deceased driver who was involved in an accident with a vehicle negligently parked on a National Highway
The case involved an insurance company, Future Gen India INS Co. Ltd, challenging the tribunal’s order to pay compensation of Rs. 8,74,000 to the claimants of the deceased, Sadique Hussain. The accident had occurred in November 2014 when Sadique Hussain was riding a motorcycle on the Solapur – Vijayapur road. The motorcycle rider couldn’t see the parked vehicles and collided with the tractor-trailer, leading to his death. A tractor with two trailers was parked on the road at night without any indicators.
The insurance company argued that the accident was caused by the negligent parking of the tractor-trailer, leading to the death of the motorcycle rider and so the tribunal should have divided the liability between the insurer of the trailer and the insurer of the tractor. Their contention was that negligence should not be automatically assigned to the driver of the tractor-trailer simply because the vehicles were parked on the road. They emphasized the necessity for specific evidence demonstrating that the accident occurred despite the deceased taking adequate precautions while riding.
A single-judge bench in Karnataka High Court of Justice Ravi V Hosmani pointed out that according to Regulation 15(1) of the Road Regulation of 1989, it is prohibited to park motor vehicles on the road without taking proper precautions. Furthermore, the accident took place on a national highway, where vehicles typically travel at high speeds.
The court held that in the absence of specific evidence regarding precautionary measures taken by the driver of the tractor-trailer, such as switching on indicators, parking lights, and placing barricades, the tribunal was justified in assigning the entire negligence to the tractor-trailer driver while absolving the motorcycle rider of negligence was considered justified.
Regarding the apportionment of liability, the bench stated that since the trailers cannot move by themselves and are towed by the tractor, the insurer of the tractor should be held liable to pay the entire compensation, which is in accordance with the law. As a result, the appeal was dismissed.
Rajasthan HC: Employees should be given fair opportunity before dismissing them
In the case, Sanjay Dadich vs. The State of Rajasthan, the State Government had dismissed a Physical Education Teacher (PET) from their position, alleging that the teacher had submitted a forged sports certificate to secure the appointment.  The petitioner had initially applied for the role in 1998 but was denied due to doubts about his degree. In 2005, a court instructed a re-examination of his qualifications, considering his state-level certificate. He was hired in 2006 but was fired in 2007 over alleged fake sports certificates. His dismissal was withdrawn in May 2007, pending an investigation into the certificates’ authenticity. The challenge against this dismissal was that the teacher had not been provided with any notice of a chargesheet, and no formal inquiry had been conducted before the dismissal.
The Rajasthan High Court’s Jaipur Bench of Justice Anoop Kumar Dhand highlighted the importance of affording government employees facing dismissal or removal under Article 311(2) of the Indian Constitution a fair opportunity. The court ruled that, as a permanent government employee, the petitioner was entitled to the protections specified in Article 311(2). His dismissal without a proper investigation violated the principles of natural justice and constitutional protection, it noted. The Court gave permission to the officials to conduct a new investigation, with the condition that they must finish it within six months.
Allahabad HC: Authorities should issue circulars from time to time on issues decided by the Courts to reduce burden on Courts
In the case, Nageena Singh vs. State Of Uttar Pradesh, the petitioner disputed a recovery order issued by the District Magistrate, Azamgarh, under Section 27 of the U.P. Panchayat Raj Act. The petitioner’s argument was that the inquiry was not conducted by the Chief Audit Officer as the law required. The petitioner’s situation was similar to a previous decision by the Allahabad High Court in the case of Dinesh Kumar and others vs. State of Uttar Pradesh and others. The Court, while allowing the present case, observed that multiple petitions regarding the same issue were being filed before the Court.
The Court also noted that these kinds of petitions were overwhelming the Court’s roster with unimportant and trivial cases. This was happening because government officials were not properly informed and continued to bring up issues that the Court had already addressed and ruled on in detail. In this context, the Court expressed that it is the duty of the State Law Officers, who are compensated by public funds, to guide government authorities in issuing periodic circulars on matters already resolved by the Courts.
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created: November 1, 2023