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Review: Andhra Pradesh HC Rules That Allegation of General Harassment Do Not Fall Under The Interpretation of ‘Abetment’ of Suicide.
Sai Krishna Muthyanolla
April 5, 2023
In this edition of court judgements review, we look at the Supreme Court’s judgements on fraud accounts classification by banks, pensionary benefits to contractual employees, and validity of notification of central government, Andhra Pradesh High Court’s decision on abetment to suicide, Bombay High Court’s decision on applicability of domestic violence act on transgenders, and Jammu and Kashmir and Ladakh High Court’s decision on section 504 IPC/intentional insult.
Supreme Court: Opportunity of hearing must be granted to the borrowers before classifying their accounts as frauds.
In State Bank of India & Ors. vs. Rajesh Agarwal & Ors., the Supreme Court held that since classifying accounts as frauds has serious ramifications on borrowers, such directions classifying the accounts as frauds must be construed reasonably, and it is necessary to incorporate principles of natural justice, in particular, the rule of ‘audi alteram partem’ to prevent the Master Directions on Frauds from the vice of arbitrariness.
The Apex Court bench headed by Chief Justice of India DY Chandrachud and Justice Hima Kohli was hearing appeals against the Reserve Bank of India (Frauds classification and Reporting by Commercial Banks and Select FIs) Directions 2016. The Telangana High Court held that principles of natural justice ought to be looked into the provisions of the Master Directions on Frauds. This judgement is being challenged.
The counsels for the borrowers argue that no notice was given to the borrowing firm or its promoters, directors, including whole-time directors, or promoters under Clauses 8.9.4 and 8.9.5. Severe civil repercussions take place as outlined in Section 8.12 of the Master Directions on Frauds. Additionally, the banks’ classification of an account as “fraud” is stigmatic, damaging their right to reputation, thus affecting their fundamental rights.
The counsel for RBI argued that RBI is properly authorised to take preventative actions in the public interest and under the Master Directions, the process for labelling an account as fraudulent is not arbitrary. Depriving fraudulent borrowers of bank financing is a preventive measure without which the Master Directions on Frauds will lose all of their teeth. As a result, these directions must be interpreted in light of their purpose and objective, which is prompt detection, information sharing, and reporting about fraud.
Upon hearing both sides and looking at the Master Directions on Frauds, the apex court held that the right of the borrowers to be heard prior to taking action to classify their accounts as frauds is not specifically excluded by the Master Directions on Frauds. Where a statute or notification is silent on giving a party a chance whose rights and interests are likely to be impacted by the decisions that may be made, the principles of natural justice can be interpreted to apply as enumerated in Mangilal vs. State of Madhya Pradesh and Swadeshi Cotton Mills vs. Union of India.
Further, the rule of audi alteram partem has to be read into the provisions of the said directions to save them from the vice of arbitrariness. Further, the court held that the requirement of reasoned order must also be read into the Master Directions on Frauds, as a reasoned order gives the aggrieved party the chance to demonstrate that the reasons the authority used to deliver a judgement against their interests were irrelevant or perverse, and it also serves as a check on the exercise of authority arbitrarily. It is not necessary to elevate the reasons to be recorded to the same status as a judicial decision. The justifications may be concise, but they must be fair by showing a proper application of thought.
Accordingly, the judgement of the Telangana High Court dated 10 December 2020 is upheld & civil appeals are disposed.
Supreme Court: Service rendered as casual/contractual cannot be said to be service rendered on a substantive appointment – Can’t be counted towards qualifying services for pensionary benefits under Rule 13 of the Central Civil Services (Pension) Rules, 1972
The Supreme Court, in Director General, Doordarshan Prasar Bharti Corporation of India & Anr vs. Smt. Magi H Desai held that service rendered as casual/contractual is not a substantive one, and cannot be counted as temporary service for the purpose of calculating the qualifying service for pensionary/retiral benefits.
The two-judge bench comprising Justice MR Shah and Justice CT Ravi Kumar were hearing an appeal filed by the Director General, Doordarshan Prasar Bharti Corporation of India challenging the judgement of the Gujarat High Court which directed that the petitioners’ contractual service period should be counted for calculating the service for pension benefits.
In 1985, the original applicant was hired on a contract-or-casual basis to work as a general assistant. The respondent’s contract-based/occasional services as general assistant were then periodically extended, although with breaks of a few days. The services of the original applicant were later regularised as Lower Division Clerk with effect from 31.03.1995 in accordance with the Scheme of Regularisation of Casual Staff Artists of Doordarshan, 1992/94, following the decision of the Principal Bench of the Central Administrative Tribunal, New Delhi, to regularise casual employees by way of framing of Scheme. The original applicant asked the Tribunal to take her prior service into consideration, but she was turned down. The Gujarat High Court heard an appeal, allowing the applicant to submit a representation to the department. The department too rejected the application, which was again challenged in the High Court, which eventually rendered to consider the temporary service period for the calculation of pension benefits.
Upon hearing both sides, the apex court held that the High Court misinterpreted Rule 13 to consider the temporary service period for pensionary benefits. Rule 13 of the Central Civil Services (Pension) Rules, 1972 is as follows.
Further, upon fair reading and interpretation of Rule 13, the High Court committed a serious error by observing that the services in temporary capacity will include the classes of temporary service such as casual or even contractual.
Additionally, merely because employees in other departments under the scheme were entitled to their services rendered as casual/contractual counted for the qualifying service for pensionary benefits, this does not provide for the same benefit to be availed by the applicant, particularly in the absence of any specific scheme in her department, and it must be kept in mind that Doordarshan Prasar Bharti Corporation of India is an autonomous independent department/body.
Accordingly, the Judgement of the Gujarat High Court is quashed and set aside.
Supreme Court: Merely because it is not issued in President’s name, a notification issued by the Union Government cannot be held invalid.
In Orissa Administrative Tribunal Bar Association vs. Union of India & others, the apex court, headed by the Chief Justice of India DY Chandrachud and Justice Hima Kohli, held that a notification issued by Central Government is not invalid merely because it’s not issued in the President’s name, thereby dismissing the petitions filed by the Odisha Administrative Tribunal Bar Association against the Odisha High Court’s decision that upheld the abolition of Odisha Administrative Tribunal.
These petitions pertained to the abolition of the Odisha Administrative Tribunal (OAT). Article 323A empowers Parliament to provide for the adjudication of certain disputes by administrative tribunals and Article 323B empowers the state governments to provide for the adjudication of certain disputes. Following the establishment of the Administrative Tribunals Act (ATA), 1985, the Central Government periodically established tribunals based on the requests from the states. The Central Government established the OAT on 4 July 1986. Consequent to the judgement in L. Chandra Kumar vs. Union of India, the state of Odisha requested to abolish the OAT, which was later notified under the ATA, 1985. This was challenged in the Odisha High Court. The High Court held that Article 323A is an enabling provision, making it not mandatory for the Union Government to establish or refrain from abolishing the tribunals.
The appellants, along with other submissions, argued that the notification dated 2 August 2019 by which the OAT was abolished is invalid because it is not expressed in the name of the President of India in terms of Article 77 of the Constitution.
Article 77 is a directory provision. Article 77(1) discusses the format in which the executive’s decision must be presented. This is clear from the word “expressed to be taken” in Article 77’s clause (1). It is irrelevant to the decision-making procedure itself. Declaring an order that is not issued in the President’s name to be void would have negative repercussions, with the public or the populace standing to lose the most.
The Apex court held that the failure to comply with Article 77’s clause (1) does not render a notice invalid, unconstitutional, or non-est. Instead, the Union Government is no longer entitled to the unassailable inference that the notification was issued by the President of India (acting on behalf of the Union Government). The notification is still in effect, and the Union Government is free to substantiate that the order was in fact given by the proper authority.
Further, the court also held that the notification establishing the OAT was also not done in President’s name. The court found inconsistency in arguments seeking to preserve the OAT on one hand and challenge the notification abolishing OAT on the other hand.
Accordingly, this argument is not accepted, and Odisha High Court’s judgement is upheld.
Andhra Pradesh HC: Allegation of general harassment do not fall under the interpretation of ‘abetment’ of suicide.
An abetment to suicide case under Section 306 of the IPC, in Gadipudi Anitha vs. State of Andhra Pradesh, was dismissed by the Andhra Pradesh High Court on the grounds that the offence would not be committed by just alleging harassment without the accused’s knowing encouragement of the deceased to take their own life.
The deceased allegedly committed suicide in August 2016 by writing a suicide note that listed a number of creditors she said had been pestering her for money back. The note made it clear that the intolerable harassment she was subjected to from these creditors was the cause of her suicide. The petitioners, a married couple, were also particularly mentioned in the same suicide note. The question of whether the petitioners herein had abetted her in the commission of her suicide is the issue before this Court.
The Court upon hearing the arguments from both sides, relied on the apex court’s judgement in C.B.I vs. V.C. Shukla, where it is held that.
Apart from the fact that the deceased mentioned the harassment in her suicide note, there are no facts or information regarding the alleged harassment. In these cases, the petitioners are only accused of general harassment in an effort to reclaim their money. Such harassment would not fall under Clauses 1 and 2 of the definition of “Abetment” given above. Clause 3 calls for the petitioners to have intended to persuade the victim to commit the crime. There is no claim that the petitioners engaged in any behaviour with the goal to motivate the dead woman to commit suicide.
Accordingly, the allegations in the charge sheet do not make a case for abetment of suicide and hence the case is quashed.
Bombay HC: A person who has exercised his right to decide the self-identified gender of women is an aggrieved person within the meaning of Section 2(a) of the Domestic Violence Act, 2005
In Vithal Manik Khatri vs. Sagar Sanjay Kamble @ Sakhi Vithal Khatri & Anr, the Bombay High Court held that a transgender woman who has undergone sex reassignment surgery can be considered as an “aggrieved person” under the Domestic Violence Act, 2005.
The bench headed by Justice Amit Borkar was hearing a petition against the judgement of the Judicial Magistrate and Additional Sessions Judge which awarded interim maintenance under the Protection of Women from Domestic Violence Act, 2005. The petitioner married a transgender woman who underwent sex reassignment surgery. The contentions of the petitioner is that respondent does not fall under the category of ‘aggrieved person’ and the respondent does not have a certificate under Section 7 of the Transgender Persons (Protection of Rights) Act, 2019.
Upon hearing both sides, the court held that,
The High Court further relied on the judgement of the apex court in National Legal Services Authority vs. Union of India and Others, where the transgender persons’ right to decide their self-identified gender is also upheld. Further,
Accordingly, the writ petition is dismissed.
Jammu and Kashmir and Ladakh HC: Mere act of insulting a person would not satisfy the ingredients of section 504 IPC.
In Jia Lal vs. UT of J&K & Anr, the Jammu and Kashmir and Ladakh High Court held that a simple act of insulting someone would not meet the requirements of section 504 of the Indian Penal Code (Intentional insult with intent to provoke breach of the peace). Instead, an insult must be of a kind that would provoke the person being insulted to violate the peace or to commit another crime, in order to attract the offence.
A single-judge bench headed by Justice Sanjay Dhar was hearing a plea, which is still being heard by the Court of Judicial Magistrate 1st Class, that contested the allegations made in the complaint that they had committed crimes under sections 504 and 506(1) of the IPC. The question that arose for determination after considering the case’s facts was whether a person’s simple claim that she has been threatened or that vulgar language has been used against her would be sufficient to establish that the accused has committed offences under sections 504 and 506(1) IPC. Section 504 of the IPC is as follows.
The court relied on the judgement of the apex court in Fiona Shrikhande vs. State of Maharashtra and another, where it was held that in order to meet the requirements of Section 504 IPC, the prosecution must demonstrate that the accused wilfully insulted the complainant in order to provoke him, intending or knowing that such provocation would lead him to violate any other law or breach the public peace. It is obvious that an intended insult must be severe enough to cause someone to disrupt the peace or commit another crime.
Further, on the applicability of Section 503 and 506 of IPC regarding Criminal Intimidation, it is obvious that in order to meet the requirements for the crime of criminal intimidation, there must be a threat by the accused of harm to the complainant’s person, reputation, or property. This threat must be made with the intent to alarm the complainant or persuade him to take any action for which he is not legally responsible or to omit acting in order to avoid carrying out the threat. Criminal intimidation is not defined by the mere statement of any words without any aim to frighten the complainant or to force him to perform or refrain from performing any act.
In this case, the material on record and the allegations do not make out offences under sections 504 and 506(1) RPC. Accordingly, the petition is allowed and the complaint as well as the proceedings emanating therefrom, are quashed.
Featured Image: Court judgements


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Review: Andhra Pradesh, Karnataka, Kerala, Rajasthan, and Telangana in the ‘Front Runner’ Category in SEEI 2021-22
Sai Krishna Muthyanolla
May 2, 2023
The State Energy Efficiency Index (SEEI) is developed by Bureau of Energy Efficiency (BEE) under the aegis of Ministry of Power. SEEI 2018 was the first Index in this regard followed by SEEI 2019 and SEEI 2020. The fourth and latest edition SEEI 2021-22 was recently released for the years 2020-21 and 2021-22.
As part of its commitments in line with its pledge at Conference of Parties (COP) 26, Glasgow, India has announced that it will reach Carbon neutrality by 2070 and also to reduce its emissions to 50% by 2030.  Achieving Energy efficiency in generation, remission, distribution, and utilization across various sectors are key to India achieving its environmental targets.
Collaboration between the Central and State governments towards Judicious use and allocation of resources, policy implementation, alignment, etc. becomes critical to ensure India is on track to achieve energy efficiency. Regular progress tracking assumes importance enabling the Centre and the States to ascertain the progress and plan accordingly.
The State Energy Efficiency Index (SEEI), developed by Bureau of Energy Efficiency (BEE) under the aegis of Ministry of Power along with Alliance for an Energy-Efficient Economy (AEEE), serves the purpose. The State Energy Efficiency Preparedness Index 2018 was the first Index in this regard followed by SEEI 2019 and SEEI 2020. The fourth and latest edition SEEI 2021-22 was recently released for the years 2020-21 and 2021-22.
In the first part of this two-part series, we look at the broader framework of the SEEI 2021 and analyse the overall trends across states in the latest index.
50 Indicators across 7 Sectors constitute the Framework for SEEI 2021-22
The framework used for SEEI 2021-22 is similar to the ones used in the earlier editions i.e., SEEI 2018, SEEI 2019 & SEEI 2020.
SEEI 2021-22 considered two financial years i.e.,2020-21 and 2021-22.  The framework for SEEI 2021-22 is consistent with the earlier versions to better assess the annual performance and the progress of the states.  As per the report, the focus of SEEI 2021-22 is more on evaluating result-based and action-oriented indicators.
States’ performance in promoting Energy Efficiency (EE) across 7 sectors is measured in this index.  The Sectoral categorization includes – Buildings, Industry, Municipal Services, Transport, Agriculture, DISCOMS and Cross-Sector. The measurement of performance is done using 50 indicators across these 7 sectors.
In SEEI 2020, Agriculture and DISCOMS were combined with a rationale that the indicators defined for agriculture are primarily related to Distribution strategies. The weightage for these combined sectors was 15% in SEEI 2020. However, for SEEI 2021-22, both the sectors have separate indicators with the weightage being 6% & 10% for Agriculture & DISCOMS respectively.
38 of these 50 indicators are categorised as Common Indicators i.e., indicators for policy, institutional capacity, finance adoption of EE measures, etc. The rest of 12 are termed as Programme-specific indicators which evaluate state programmes in EE in terms of objectives, timeline, progress, budget allocation, etc. These programme specific indicators are being used for the first time for SEEI 2021-22 and is done to evaluate the efforts and achievements in implementing EE programmes across all sectors in the states and UTs.
Another aspect of the State Energy Efficiency Indexes is the grouping of the states. The purpose is to categorize the states based on similar energy consumption to facilitate a rational peer comparison. For the SEEI 2020 report, the grouping of the states was done based on states TFEC (Total Final Energy Consumption) in 2017-18, whereas the grouping for SEEI 2021-22 was based on TFEC for 2019-20, which happens to the latest available state-wise final energy consumption data from Central sources.
28 States have improved their scores from SEEI 2020 of which 7 States improved by 15 points
All the 36 States/UTs have provided data for SEEI 2021-22. Overall, Karnataka has secured the highest score with 82.5 across all the aforementioned groups. It is one of the 5 states which have achieved the status of “Front Runner” i.e., states with score more than 60.  The other states include – Andhra Pradesh, Telangana, Kerala, and Rajasthan. In 2020, there were only 2 States in this category.  Another 4 States are categorised as Achiever (50-60). Meanwhile, more states have moved upwards into Contender category (30-49.5) from the least category of Aspirant (less than 30). Compared to 2019, many states have secured higher scores in the index.
As indicated, Karnataka tops the list of States. It belongs to Group 1 category states i.e., those with the TFEC of more than 15 MTOE. Among these high consumption states, Rajasthan ranks next followed by Haryana. Among this group, Tamil Nadu & West Bengal are among those that are lagging.
Among those states that are categorised in Group 2 i.e., whose TFEC is between 5-15 MTOE, Andhra Pradesh and Telangana are highest with 77.5 and 74. Along with another state in this category, Kerala, these three states are among the Front runner states. In this group, Bihar is still in the lower category with only a score of 21.
Except for Assam, the other states with a comparatively lower energy consumption are also among those with lower scores.
Tamil Nadu, which was among the states with a lower score in SEEI 2021-22, has witnessed a considerable fall in its score compared to SEEI 2020. It is among the 8 states whose score has not progressed in SEEI 2021-22. It has the highest fall of 22.5 points compared to the earlier index. The other States/UTs whose scores reduced in the current index are – Punjab, Uttarakhand, Haryana, Maharashtra, Himachal Pradesh, Ladakh & Mizoram.
In SEEI 2021-22, greatest improvements across States seen in Transport sector while its opposite in case of Industry.
Variances of performances of the states vary between the sectors. While the overall scores show an improvement in SEEI 2021-22, compared to the earlier index results, the same cannot be said for each of the sectors.  Buildings, Industry & Transport have the highest weightage in the SEEI 2021-22 score. The performance of the states in the respective sectors does have a bearing in the overall score.
Compared to Industry sector, more states have increased their score in the Buildings and Transport sectors. Improved performance of states in these sectors is reflected in their overall score.  Barring a few states, the performance of most of the states declined in the industry sector.
Meanwhile, Tamil Nadu, which has the highest drop when compared to the earlier Index results, witnessed a decline across multiple sectors.  A detailed analysis of sector-wise performance of the states will be covered in the second part of the story.

source: news-factly

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

author: Sai Krishna Muthyanolla


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As damages due to Floods increase,Standing Committee makes recommendations
Sai Krishna Muthyanolla
August 26, 2021
Damages due to floods have increased in the last two decades with increased instances of floods. With the IPCC predicting a general increase in floods due to climate change, mitigation strategies become important. The standing committee on water resources recently submitted a report on flood management. Here is a review.
India is among the most flood-prone countries in the world after Bangladesh. About 40 million hectares of land, amounting to roughly one-eighth of India’s geographical area is prone to floods. Almost every year, India witnesses floods of varying intensity which claim many lives and cause significant economic loss. There are multiple factors that can be attributed to the occurrence of floods including natural factors such as climate change, incessant rains, and glacial outbursts and human-induced factors such as encroachment of water bodies, and ecological damage. Even though floods cannot be controlled, efforts can be made to put in place mitigation strategies to minimize their impact. These strategies may be significant because, in the coming years, the frequency of occurrence and intensity of floods is anticipated to further increase as highlighted in the IPCC’s latest report on climate change.
Recently, the Standing Committee on Water Resources submitted its report on ‘Flood Management in the Country’ which makes a slew of recommendations to monitor, handle, and mitigate floods in the country. We look at the historical data on floods including loss of life, economic loss and review the recommendations of the committee in this story.
Floods are categorized into 3 in India
Flood situations in India are categorized into three- above normal, severe, and extreme floods depending upon the river water level with reference to warning level, danger level, and highest flood level. This categorization is done by the Central Water Commission.
More than one lakh persons have died in floods in 66 years
As per data available and provided in the standing committee report, in the 66 years between 1953 and 2018, a total of 109,374 people died because of floods and heavy rains in the country. An average of 1,657 lives were lost each year. Data indicates that there isn’t a single year during this period in which no lives were claimed by floods. Further, it is observed that since 1976, at least 1,000 people have died in floods each year except for 1999 and 2012. Further, nearly 85% of the reported deaths have taken place in the 43-year period from 1976 to 2018. In addition to this, nearly 32.2 million persons on average are affected annually by floods.
The greatest number of deaths were reported in 1977 when more than 11,000 persons were killed. The cyclone in Andhra Pradesh in 1977 was responsible for the majority of the deaths. The cyclone also killed 40,000 cattle and destroyed about 40% of India’s food grains.
India has suffered damages worth more than Rs. 4 Lakh crores between 1953 and 2018
In the 66 years between 1953 and 2018, India has suffered total damages worth Rs. 4,00,097 crores due to floods. This includes damages to crops, houses, and public utilities. Of the Rs. 4 lakh crores worth damages suffered, about 56% amounting to Rs. 2.24 lakh crores were due to damages to public utilities, 29% amounting to Rs. 1.15 lakh crores were that of crops, and the remaining 14% amounting to Rs. 56,283 crores were that of damage to houses. The damages were the highest in 2015 when Rs.57,291 crores worth of damage was reported.
India faces an annual average loss of Rs. 6,062 crores due to damages in floods. Further, it is seen that the damages suffered have increased substantially in recent years. The average annual damage was Rs. 60 crores between 1953 and 1960. Between 1961 and 1970, this increased to Rs. 138 crores which further rose to Rs. 740 crores between 1971 and 1980. In the decade of 1981 to 1990, the loss was worth Rs. 2,636 crores which increased to Rs. 4,079 crores in 1991 to 2000, and Rs.12,650 crores between 2001 and 2010. In the eight years from 2011 to 2018, the average loss was worth Rs. 24,648 crores. While some part of this increase can be attributed to the general increase in the value of crops, houses & public utilities, the steep increase in the last 18 years is concerning.
The share of damage to public utilities has increased from 15% to 61%
In addition to the quantum of damage due to floods, the nature of damage has also changed over the years. The share of damage suffered due to crop losses as against the total damage has been decreasing. Between 1953 and 1970, damage due to crops constituted more than 70% of the total damage due to floods. Since then, the share of damage to crops decreased to 59% from 1971 to 1980, 43% from 1981 to 1990, 40% from1991 to 2000, and to around 25% from 2001 to 2010. Between 2011-2018, the share of damage to crops in the total damages is 26%.
On the other hand, the share of damage to public utilities has increased.  Initially, between 1953 and 1960, its share was less than 15%, which increased to 26%, 42%, 45%, and 58% in the following decades. Between 2011 to 2018, the share of damages to public utilities out of the total damages is 61%. The share of damage due to houses has remained between 12% to 17% throughout the years.
Besides the material damage, floods may also result in medium- and long-term health impacts like water and vector-borne diseases such as cholera, typhoid, or malaria, cause injuries, chemical hazards, mental health effects, and disrupted health systems.
What is the government’s institutional mechanism to deal with floods?
As per a response provided in the Lok Sabha, structural and non-structural measures are undertaken by the government for flood protection and management. Institutional mechanisms are also in place at the National, State and district levels for disaster management including floods. State Disaster Response Fund is placed at the disposal of the State Governments, who are primarily responsible for dealing with disasters. Additional financial assistance is provided from National Disaster Response Fund (NDRF), as per laid down procedure in case of disaster of ‘severe nature’, which includes an on-the-spot assessment of damages by an Inter-Ministerial Central Team.
The standing committee recommends adding Flood Control in Concurrent List instead of State List
The key observations and recommendations made by the Standing Committee in its report are the following.
Considering the possibility of increased instances of flooding in the coming years, the damage caused due to this natural disaster might only increase. Thus, an integrated approach with immediate measures to deal with floods must be adopted to reduce the overall losses.
Featured Image: Damages due to floods


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As NAS-2021 shows a decline in learning outcomes, here is what these surveys are all about
Sai Krishna Muthyanolla
May 31, 2022
The recently released National Achievement Survey (NAS) 2021 by the Ministry of Education  indicated a broad decline in learning outcomes at almost levels compared to NAS 2017. But what are these surveys all about? What do they measure and how reliable are the results?
Education is the primary force in fostering human capital. It is the most vital weapon in any country’s fight against poverty. Education enables socio-economic mobility and aids in the transformation of people’s lives. Ensuring quality and inclusive education is one of the basic prerequisites for the overall sustainable development of any nation.
Education has a domino effect on many aspects of people’s lives. In the present scenario, an applicant with better education and skills is preferred over an applicant with minimal education. The former is most likely to have better employment opportunities- jobs that pay higher and provide other benefits such as insurance, and paid leaves. In most cases, the reverse causality is also true – children with ill health and poor living conditions are most likely to have barriers to better educational attainment and often face educational setbacks.
Acknowledging the multi-sectoral gains of education, nations across the world had made progress towards ensuring inclusive and quality education for all, in the past few decades. Despite this advancement, a significant section of the global population of children and youth stay out of school. And many do not even possess the basic proficiency standards in mathematics and reading. Adding to these existing deficiencies, the temporary shutdown of schools during the COVID-19 pandemic had further increased this learning gap. The already marginalized and vulnerable communities, across the globe and in India, bore the brunt of the pandemic-induced closure of schools and widening of the existing learning gap.
In this context, the recently released National Achievement Survey (NAS) 2021 by the Ministry of Education holds significance. Today’s story looks at NAS 2021 comprehensively and cross-validates the results with the existing evidence from other data sources.
Tracing the evolution of NAS
National Achievement Survey is a nationwide competency-based assessment to gain insights into the learning outcomes of school children. The assessment examines the learning outcomes of the children of classes 3, 5, 8, and 10 studies in both private and government schools. For classes 3 and 5, the assessment is done on Language, Mathematics and Environmental studies; for class 8, Language, Mathematics, Science and Social Sciences; and for class 10, Modern Indian Language, Mathematics, Science and Social Science, and English are chosen for the assessment. The primary objective of such assessment is to gauge the effectiveness of school education and guide policymakers and planners to initiate suitable measures for reforming education.
The NAS was originally planned to be an independent project of NCERT but got incorporated under the Sarva Shiksha Abhiyaan (SSA) under the Ministry of Human Resource Development (MHRD) in 2000. Under this, it was originally planned to administer NAS for classes 3, 5, and 8 in three cycles- Cycle 1, also called the Baseline Achievement Survey (BAS) in 2001-04, and Cycle 2, also called the Mid-term Achievement Survey (MAS) in 2005-08, and Cycle 3, also called the Terminal Achievement Survey (TAS) in 2009-13. The NAS was later extended to cover class 10 in 2015 under the Rashtriya Madhyamik Shiksha Abhiyaan (RMSA). The 2017 cycle is the first comprehensive and new model of assessment developed based on the learning outcomes of the NCERT. It is for the first time in 2017, the NAS was conducted in a single day for all the classes, and districts were used as units for sampling. The key differences are highlighted below.
In 2017, around 2.2 million children from 1,10,000 schools from districts all over India were chosen for assessment, whereas in 2021, around 3.4 million children and more than 0.5 million teachers from 1,18,274 schools from all over India were chosen. This indicates a more expanded survey sample.
NAS 2021 indicates a decline in performance from NAS 2017
The 2021 NAS survey is vital in two aspects:
The comparison of the NAS 2021 survey results with that of 2017’s survey results highlights the disruptions caused by the pandemic in children’s education. Results of the two surveys indicate that, for classes 3, 5, and 8, the mean score in all subjects in NAS 2021 showed a decline compared to the 2017 NAS Survey. For Class 10, except for English and Modern Indian Language, the rest of the subjects in class 10 showed a decline in their performance in NAS 2021 compared to the 2017 NAS Survey. Even among the improvement, English showed high improvement than the Modern Indian Language. Similarly, the maximum decline in performance is seen in the Science and Mathematics of class 10.
Other important observations in NAS 2021 survey
As stated earlier, this survey assumes significance because of the COVID-19 pandemic. Many schools were temporarily closed in the initial stages of the pandemic. In the later stages, these started adapting online teaching as the primary mode of teaching. The existing digital divide has widened and children without access to the internet or smartphone were left out during this transition.
In the NAS 2021 survey, 24% of the students did not have any digital device at home. Nearly 38% of the students faced difficulty in learning through online mode. Around 45% felt it was joyful, while 50% claimed no difference in learning. 78% of the students felt online learning was burdensome with more assignments. In terms of ease of learning, 80% felt that they learn better in schools with peer learning and 70% claimed that online learning took relatively more time to learn new things.
An overwhelming majority of the children commute to school by walk and by bicycle. Among the teachers sampled, 65% of the teachers feel that they are overloaded with work, while 44% claim that they do not have adequate workspace highlighting the lack of infrastructure in the schools. In the profile of sampled schools, 17% of the schools highlight the lack of space in the classrooms, while 7% of the schools’ face teacher absenteeism. 25% of the schools claim that they lack parental support in student learning. This lack of parental support in student learning is driven by the educational status of parents. Around 18% of the mothers cannot read and write, while 27% studied up to secondary and higher secondary levels. Only 12% of the mothers are graduates and above, validating the lack of parental support for student learning. In the 2017 survey, this was done using statistics to study positive and negative correlations with these background variables that can impact the education and learning outcomes of the students.
The report also highlights the performance divide between the rural and urban areas, where urban areas perform relatively better than rural areas. It also points out the low performance of students from Scheduled Castes and Scheduled Tribes compared to the students from the general category. One positive aspect of this survey is that girls outperform boys in the majority of the subjects at all class levels.
Many assessments, one key question – ‘Reliability’ of data
Various organizations conduct different kinds of assessments to understand the educational outcomes of the children. Among the different assessments, the Annual Survey of School Education (ASER) by the Non-governmental Organization (NGO) Pratham, is the largest household survey conducted to understand the enrolment level for children aged between 3-16 and the learning outcomes of children aged 5-16. The ASER (Rural) 2021 surveyed around 75,234 children aged 5-16 and more than 7200 schools were surveyed. The ASER data must be examined with caution as it contains information about students from all classes, while NAS has data of only classes 3, 5, 8, and 10, and the sample size is much lower.
Among the important parameters surveyed, the availability of smartphones at home is vital as many schools transitioned towards online education. The ASER (Rural) 2021 survey notes that around 68% of the students have at least one smartphone available at home. This is nearly the same result in the NAS 2021 survey which estimated the non-availability of at least one smartphone at home to be at 24%. In terms of receiving parental guidance or family help in studying at home or learning, the ASER (Rural) 2021 survey pegs this at 67%, while the NAS 2021 survey estimation is 75%.
In terms of remote learning, the ASER (Rural) 2021 survey found that around 24% of children did online activities at home, and among them, around 51% found it easier than in 2020. The NAS 2021 had contrasting findings, with around 38% finding it difficult to learn in online mode.
Consider the example of West Bengal. Below is the NAS 2017 survey result.
The class 5 score in Mathematics fell from 48 in NAS 2017 to 45 in NAS 2021. Particularly, the learning outcomes for children who can solve simple problems using addition and subtraction fell from 66 in 2017 to 51 in 2021. However, in the ASER Survey on the status of learning from West Bengal, a student enrolled in Standard II in 2018-19 could have reached standard V in 2021-22. The % of children who can do subtraction or more increased by over 23 percentage points, indicating that West Bengal did not suffer any ‘learning losses.’
This is just an example of how different assessments provide different results. A similar analysis for Rajasthan by a Journalist Samarth Bansal showed glaring differences in the NAS scores and the actual ground realities. The report quotes Krishna Kumar, former director of NCERT, who is vocal against standardized testing and outcome-driven approach, in the absence of consideration of the socio-economic background of the children. The comparative analysis between ASER and NAS 2021 is looked at in detail in our earlier stories here. A detailed examination of reliability of data on Indian learning outcomes by IDR finds some issues with the reliability of these different survey results.
Another assessment that measures the learning competency of the children is the Programme for International Students Assessment (PISA), conducted by Organization for Economic Cooperation and Development (OECD). It is held every three years, for children aged between 15-16 and India participated only once in 2009. In that assessment, India ranked 72 of the 73 countries that participated. India stayed away from such assessment later, while in 2018, India announced its willingness to participate in PISA 2021 assessment. It got postponed to 2022 due to the COVID-19 pandemic.
Surveys should guide Policy actions
Different assessments follow different methodologies to arrive at the results. Their research methods including a selection of sampling frame, sample size, use of different kinds of sampling techniques, normalization formulae, and benchmark settings result in different results. It is not possible to conclusively state which methodology is proper and comprehensive and which isn’t. Nevertheless, even with these differences, it is generally expected that the results match & reflect nearly the ground realities. However, more often they do not. Hence, the disagreements and debates on the authenticity of the surveys themselves. It is also important to not fall into the trap of race to statistics but provide more meaningful solutions to the problems underlying the education sector. Irrespective of the type of assessment used, it is possible to improve the learning outcomes only when these results guide policy planning and subsequent actions. Until then, any number of surveys remain just a formal exercise, with no real value in terms of change.
Featured Image: National Achievement Survey 2021


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Review: As Share of Elderly Population Increases, NITI Aayog Calls for Comprehensive Reforms
Sai Krishna Muthyanolla
March 18, 2024
The seniors accounted for slightly over 5% of the Indian population in the 1961 Census, while estimates indicate that by 2031, this proportion would be 13% and thus signalling a major shift in demography. NITI Aayog recently released a report looking at this demographic shift and made important recommendations.
The phenomenon of demographic ageing, observed worldwide, has come to India. The number of aged people increased significantly when life expectancy rose. The seniors accounted for slightly over 5% of the Indian population in the 1961 Census, that is about 25 million people approximately. Estimates indicate that by 2031, this proportion would be 13%, and thus signalling a major shift in demography. As regards healthcare, social dynamics and economics among others; this elderly population affects many things.
In its Directive Principles of State Policy, the Constitution of India recognizes the need to protect the rights of all citizens including older persons. Successive governments in India made provisions to address the concerns of senior citizens. Yet, gaps persist in infrastructure and necessary support systems.
In light of the recent release of ‘Senior Care Reforms in India- Reimagining the Senior Care Paradigm’ by NITI Aayog, we look at what the report entails, along with interesting statistics.
Elderly population growing at a faster rate than general population.
Population and its composition are a crucial demographic indicator. In India, the number of elderly individuals has been steadily rising since 1961, with this increase notably speeding up after 1981 mainly due to a decrease in the mortality rate resulting from improved healthcare measures. Several elements contribute to the rise of the elderly population including economic growth, advancements in healthcare and medical services, as well as a decline in fertility rates.
Further, as per the Report of the Technical Group on Population Projections for India and States 2011-2036, the count of elderly individuals in India surged by nearly 32 million between the Population Census of 2011 and 2021. This figure is expected to further increase by approximately 20 million by 2031. In terms of growth rates, while the general population grew by 12.4% from 2011 to 2021, the elderly population expanded by 36% during that same period. This trend of a higher growth rate in the elderly population compared to the general populace was also noted in the two decades between 2001 and 2011.
Framework for senior citizens support in India
In accordance with UN General Assembly Resolution 47/5, which declared 1999 to be the International Year of Older Persons, the Indian government unveiled the National Policy on Older Persons (NPOP) in 1999. The constitutional commitment to older people was also expressed in this project. India’s National Policy on Older Persons was influenced by international initiatives such as the Madrid Plan of Action, the United Nations Principles for Senior Citizens, and other resolutions passed by the UN General Assembly. These international directives, such as the Shanghai Plan of Action and the Proclamation on Ageing, pushed governments—including India’s—to create and implement their own laws.
A major piece of legislation, the Maintenance and Welfare of Parents and Senior Citizens Act was introduced by the Ministry of Social Justice and Empowerment in 2007. A new National Policy of Senior Citizens was subsequently created in 2011, with an emphasis on an age-integrated society. The goals of this policy were to improve both formal and informal social support networks and promote intergenerational integration.
However, several of the policy objectives of the National Senior Citizens Policy have yet to be realised. The proposals include establishing a National Commission for Senior Citizens at the national level, as well as similar commissions at the state level. In 2019, a private member’s bill was also introduced to establish a National Commission for Senior Citizens; however, it was eventually shelved.
Further, establishing an independent, recognised National Association of Older Persons (NAOP) was also advised by the National Policy of Older Persons, 1999, to organise senior persons to promote and articulate their concerns. It was urged that the government assist the association in becoming financially self-sufficient.
How is Indian elderly population doing? Some excerpts from Longitudinal Ageing Survey in India (LASI) 2020.
As India’s population ages, various aspects of society will be impacted. This demographic shift creates complex challenges related to health, social issues, and the economy. Despite current efforts, policy development faces barriers due to a lack of comprehensive data on the ageing process. The Longitudinal Ageing Survey in India (LASI) was initiated in 2016 to address this need by providing robust data and insights into the dynamics and needs of India’s ageing population.
Old-age dependency ratio on the rise, indicating the necessity of improved support for elderly.
The old age dependence ratio indicates the number of people over 60 per 100 people aged 15-59. This ratio among elderly individuals is on the rise. The ratio climbed from 10.9 in 1961 to 14.2 in 2011 and 15.7 in 2021(Projected) and is expected to reach 20.1 in 2031. Female and male dependency ratios are anticipated to increase to 21.5 and 18.8, respectively, by 2031. However, there are considerable disparities in old age dependency ratios between rural and urban areas. In rural areas, the dependency ratio stood at 15.1 in 2011, while for urban areas, it was 12.4. This could partially be due to the higher concentration of working-age population in metropolitan areas.
Among major states, Kerala is expected to have the highest old-age dependency ratio in 2031, with 34.3, followed by Tamil Nadu with 28, and Himachal Pradesh at 26. Bihar and Uttar Pradesh are states with the lowest expected old-age dependency ratios at 15.6 and 15.8 respectively.
Major recommendations of the report
To achieve comprehensive senior care, a fundamental shift is required, focusing on the needs of the elderly population. This transition entails engaging a wide range of partners from both the public and private sectors across the care continuum to provide high-quality support for overall well-being. The government must expand an integrated and comprehensive healthcare environment to increase fitness among senior citizens. This includes enhancing healthcare facilities and the skilled team of workers that provide aged care.
Furthermore, it is recommended to establish a comprehensive social safety and inclusion framework. This can be accomplished by developing a consolidated portal that serves as a ‘one-stop’ platform for easy access to senior-related offerings. Additionally, presenting the care economic system for senior care is critical.


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Turnover of ‘Packaged Drinking Water Companies’ triples in five years
Sai Krishna Muthyanolla
August 6, 2020
The parliamentary standing committee on water resources which looked at the issue of ‘Socio-economic impact of commercial exploitation of water by industries’ observed that the turnover of 5 major packaged drinking water companies increased from ₹ 60 billion in 2013 to ₹ 160 billion in 2017. The committee has called for an assessment of income & turnover of these companies among many other recommendations.
The Standing Committee on Water Resources, River Development and Ganga Rejuvenation submitted its report ‘Socio-economic impact of commercial exploitation of water by industries’ in August 2018 with recommendations listed to tackle the problems resulting from the exploitation of water resources by industries for commercial purposes. An Action Taken Report was laid in the parliament in March 2020. In an earlier story, seven of the sixteen recommendations and actions taken with respect to each were discussed. The remaining will be discussed in this story.
35% of Water requirement for industries is met using groundwater
Issue: FSSAI grants licenses to packaged drinking water and mineral water units as per the provisions laid down under the Food Safety and Standards Regulations, 2011 irrespective of source of water used. Details of existing Water Intensive Industries across states are not available with this Ministry.
Recommendation: Source of water that will be used for production should be an additional criterion for granting license which will help check the use of groundwater. Ground water is used to meet 35% of water requirement, by water intensive industries including textiles, dairy, tanneries, and even drinking/mineral water units. Use of surface water should be encouraged.
Action Taken: FSSAI considers only those requests from industries that have a NOC from CGWA for groundwater extraction. Since inception, CGWA has accorded NOC to 375 packaged drinking water units using groundwater. Source of water will be included as a criterion in the proposed new Regulations for Licensing and Registration of Food Businesses.
Comments: The standing committee observed that the time period by when the proposed amendment to the rules for licensing will be incorporated has not been stated by the Ministry.
No charge/tax is levied on groundwater usage for commercial purposes by industries
Issue: There are over 5873 packaged drinking water units which hold BIS license for producing packaged drinking water. FSSAI has granted license to 5417 packaged drinking water industries. However, no charge or tax is levied on packaged water industries against consuming groundwater.
Source: Standing Committee report
Recommendation: Commercial use of water should be charged. This will discourage wastage and the revenue collected by governments can be used for increasing access to safe water for the poor.
Action Taken: Water, including natural and artificial mineral water, and aerated water, which do not contain sweetening or flavouring substances are charged 18% GST. Drinking water packed in 20L bottles are charged 12% GST.  The introduction of Water Conservation Fee (WCF) also aims to check groundwater usage.
Turnover of drinking water brands increased by 100 billion rupees in four years
Issue: PepsiCo’s Aquafina and Coca-Cola’s Kinley are some renowned packaged drinking water brands in India. Five major brands in the sector recorded a growth in turnover of ₹100 billion, from ₹60 billion in 2013 to ₹160 billion in 2017. The turnover is only expected to have increased further since the demand for safe drinking water has surged.
Recommendation: Instead of citing water as state subject, the committee has asked the Ministry of Water Resources to work with MSME Ministry and Department of Revenue of Finance Ministry to carry out an assessment of income and profit earned by packaged water industries. Pricing policy and a national policy on commercial use of water needs to be chalked out to control usage by water intensive industries since water is considered a ‘free’ raw material.
CGWA has guidelines on extraction of groundwater by water intensive industries. National Water Policy suggests action plans for industrial use of water such as water use efficiency, water pricing, etc. However, there is no specific policy framed that deals with commercial utilization of water.
Action Taken: National Water Policy, 2012 ensures equitable access to water and its fair pricing for multiple purposes including drinking, agricultural, sanitation, and industrial usage. Reuse and recycling of water is also encouraged under the policy. WCF is another measure cited by the ministry.
A national policy covering multiple aspects of commercial exploitation of water is required
Comments:  The committee observed that the  National Water Policy is not being implemented effectively. It went onto say that the response of ministry lacks information on conduct of assessment/study on revenue generated by industries. The committee re-iterated its recommendation to study profitability of drinking water industries and formulating a national policy with a proper framework and regulations covering multiple aspects such as source of water to be used, quantity, pricing and taxation, social and environmental obligations for industries, etc. to control water intensive industries. As CSR projects, industries should involve in activities like maintenance of water bodies, installation of community level water purifiers in villages, recycling used water bottles, etc.
Better Monitoring along with Health Ministry is the need of the hour
Issue: Between 01 April 2013 to 30 September 2016, 17% of samples drawn from Packaged Drinking Water were found to have fallen below stipulated standards. In case of packaged natural mineral water, 6.5% of the samples (10 out of 145) had failed. Action was taken against only 24-30% of failed samples.
Recommendation: More stringent actions need to be taken to ensure good quality of packaged water. A robust water quality monitoring mechanism should be set up.
Action Taken: Under Food Safety Regulations, 2011, the manufacture and sale of packaged drinking water and mineral water should be under the BIS Certification Mark. BIS recorded 511 violations between 2008-09 and 2017-18 and collected a penalty of over ₹ 55 lakhs.
Ministry also stated that regular inspections were conducted by food safety departments to ensure compliance. Between 2014-15 and 2017-18, 3325 samples were analysed of which 39% (1299) were found non-conforming. A total of 697 cases were launched. The conviction was only 185.
Source: Action Taken Report, 2020
Comments: The committee emphasized on the need for a monitoring mechanism in collaboration with the Health Ministry.
Industrial plants in India consumer 2 to 3.5 times more water per unit of production as compared with similar plants in developed nations
Issue: Water Resources Ministry has proposed Water Audit and Water Conservation guidelines and incentives to ensure efficient use of water.
Recommendation: The formulation and implementation of proposed guidelines, hefty charges to discourage groundwater usage, and introduction of incentives for efficient usage should be done at the earliest.
Action Taken: Along with imposition of WCF, CGWA has made it mandatory to conduct water audit by industries which extract more than a stipulated quantum of water from assessment units.
Strengthening Urban Local Bodies to improve Water Conservation
Issue: Groundwater usage regulation is the responsibility of state ground water boards/ departments. Supply of potable water to town/city is carried out by urban local bodies. Private groundwater extraction is also more rampant in urban areas. Urban local bodies have the potential to play a major role in checking groundwater usage and reduction of wastage of available water resources.
Recommendation:  States should strengthen ULBs by allocating resources to prevent uncontrolled water usage and help in water conservation.
Action Taken: The suggestion has been forwarded to the Ministry of Housing and Urban Affairs (MoH&UA).
Increase affordability of Safe Drinking Water through initiatives like Water ATMs
Issue: Increasing access and affordability of safe drinking water for general public is very much required.
Recommendation: Water ATMs/ kiosks help in increasing accessibility to safe drinking water to the public at cheaper rates, especially in parks, bus stands, etc. New Delhi Municipal Corporation has established over 37 such water ATMs in and around public places, and a proposal to establish another 40 ATMs on PPP model by September 2018 was submitted. Reduction in ‘plastic pollution’ will also be addressed to an extent. Indian railways has also installed hundreds of water vending machines in most stations.
Action Taken: The suggestion has been forwarded to the MoH&UA.
Government should play a greater role in access to Safe Drinking Water
Issue: Supply of safe drinking water should not be left to private companies which want to reap profits.
Recommendation: Government should play a more proactive role in making safe and pure water available to the public at nominal rates. Different ministries and departments should come together and ensure the gap in accessibility to water be filled.
Action Taken: The suggestion has been forwarded to MoH&UA and Ministry of Drinking water and Sanitation.
Featured Image: Packaged Drinking Water Companies

created: August 6, 2020


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Average score of States on the ‘State Food Safety Index’ has reduced in the last four years
Sai Krishna Muthyanolla
June 23, 2022
The State Food Safety Index (SFSI) which assesses the performance of states in the aspect of Food Safety is released every year by the FSSAI. The report was first released for 2018-19. Data of the index scores of the last four years indicates that the average score of states on the ‘State Food Safety Index’ has reduced.
Food safety, food security, and nutrition are closely linked to one another and are vital for the development of a country. Safe and nutritious food must be made accessible to all to ensure a healthy population. Unhygienic and unsafe food may contain harmful chemicals such as Mercury or Lead, microorganisms, parasites, and pathogens like bacteria, fungi and viruses which can result in a plethora of diseases ranging from diarrhoea to cancer. Consumption of unsafe food not only results in multiple health issues but could even be fatal.
According to the World Health Organization (WHO), annually, an estimated 60 crore people fall ill after consuming contaminated food. This translates to about 1 in 10 people globally. An estimated 4.2 lakh lives are lost (as of 2010) every year because of contaminated food and children below 5 years of age constitute about 30% of this number. Further, 3.3 crore healthy life years (DALYs) are lost. An annual economic loss of USD 110 billion has been estimated through loss of productivity and medical expenses resulting from unsafe food in low- and middle-income countries.
As a measure to spread awareness and call for action to prevent, detect, and manage risks out of foodborne diseases, the UN announced a World Food Safety Day in 2018. Every year since then, 07 June has been celebrated as World Food Safety Day by WHO, FAO, Member States, and other organizations.
The annual Report on State Food Safety Index is released by FSSAI to assess the performance of every state
On the same day (07 June) every year, the Food Safety and Standards Authority of India (FSSAI) formally releases the annual report on State Food Safety Index for the previous fiscal year. Though Section 16(2)(g) of the 2006 FSS Act mandates that the FSSAI should conduct a survey of enforcement and administration of the Act, it was only in 2019 that FSSAI started releasing the State Food Safety Index (SFSI) which assesses the performance of states in the aspect of Food Safety so as to encourage positive competition among states for ensuring safe food for all.
Five significant categories of parameters are considered for calculating the Index. These are
Each parameter is given a different weightage, as given below.
Scores are calculated for states based on validated data by an Expert Committee using score factors allotted to each of the 60+ parameters
Detailed scores allotted and scoring factor for each parameter has been given in the handbook. For instance, under the category of HR and ID, if 30 to 80% of the vacancies of designated officers are filled, one mark is given and if more than 80% is filled, two marks are given. More than 60 such parameters are used for the calculation of the index.
The FSSAI, based on available data, prepares a tentative comprehensive datasheet with details on food safety such as those mentioned earlier. This is then updated/validated by states through an online portal. An Expert Committee looks into the validated data to calculate the scores based on scoring factors. Based on these scores, the states are ranked based on their performance. The report segregates the results of all states/UTs into three categories- large states, small states, and UTs.
Recently, the fourth edition of the report covering the fiscal year 2021-22 was released. As per the latest report, Tamil Nadu with a score of 82 out of 100 topped the SFSI among large states followed by Gujarat (77.5), Maharashtra (70), Himachal Pradesh (65.5), West Bengal, and Madhya Pradesh (58.5). Meanwhile, Andhra Pradesh was at the bottom (17th place) with a score of 26. Other poor-performing large states alongside Andhra Pradesh were Bihar (30), Telangana (34.5), Assam (35), and Chhattisgarh and Haryana (38). Further, among small states, Goa (56) topped the list while Arunachal Pradesh (21) was at the bottom. Among Union Territories, Jammu & Kashmir (68.5) topped the list and Delhi (66) was ranked second.
While Uttarakhand’s score improved by 11, Bihar and Andhra Pradesh’s scores fell 30 points in 4 years
Among large states, Gujarat is the best-performing state between 2018-19 and 2020-21. In 2021-22, Tamil Nadu overtook Gujarat to top the food safety index. In 2021-22, Tamil Nadu’s score rose to 82 from 64 in the preceding year. Other states which have seen an increase in the score are Uttarakhand (44 to 55 in 4 years), Himachal Pradesh (58 to 65.5 in 4 years), & Rajasthan (38 in 2020-21 to 50.5 in 2021-22).
Kerala, which was among the top 4 in the first three years, has witnessed a drop in score from 76 to 57. A similar decline in score has been witnessed in the case of Madhya Pradesh as well. In these four years, Punjab’s score dropped by 23 points, while that of Haryana and Chhattisgarh dropped by 15 and 13 respectively. Bihar and Andhra Pradesh which have been among the poor performing states have witnessed a drop in score of 30 points. Maharashtra has always had a score of 70 and above, except in 2020-21 when it dropped below 50.
Except for Sikkim and Tripura, the scores of all the small states have dropped over the years. Goa’s score was 84 in 2018-19 which has now dropped to 56. Arunachal Pradesh has always been the poorest performer among small states, and yet, its score has dropped from 35 to 21 in the four years. Among UTs, despite a decline in score from 71 to 68.5 in the 4 years, J&K has topped the list in 2020-21 and 2021-22. Similarly, the scores of Delhi and Chandigarh have also dropped from more than 70 to less than 60 in the last two years.
Scores obtained in each parameter by every state have been included in the latest report
The trend in scores reveals that there has not been a significant improvement in the scores of most states. Rather, the ranks of most states have improved because of the decline in scores of other states. It is only in the latest report that the score of each parameter obtained by each state/UT has been included in the report. The score of every state for each category of parameters is available.
Considering the significant impact of nutrition and health on the development of a nation, and it being a part of the Sustainable Development Goals, it is concerning to note the average score of states on SFSI has declined over the years.
Featured Image: State Food Safety Index Report


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Bombay HC holds that stopping Police access to CCTV cameras interferes with public duty.
Sai Krishna Muthyanolla
July 14, 2021
In this roundup of court judgements, we look at Constitutional Courts’ remarks & directions on Facebook’s role in generating, controlling or modulating information, vaccinating mentally ill people in asylums, stopping police access to CCTV cameras and whether disrespecting to National Anthem amounts to an offence.
Supreme Court: Facebook cannot disrupt India’s ‘Unity in Diversity’ claiming ignorance or lack of pivotal role.
The Supreme Court refused to quash the summons issued by the Delhi Assembly asking Facebook India Head Ajit Mohan to appear before a panel probing Delhi riots. The Peace and Harmony Committee of Delhi Assembly was seeking his appearance in an inquiry to probe the role of fake social media posts in creating communal riots in northeast Delhi in February 2020.
Context: Delhi witnessed an unfortunate eruption of violence between 24 and 29 February 2020 with communal riots in different parts of North-East Delhi. In the wake of these riots, the Legislative Assembly of the National Capital Territory of Delhi (NCT Delhi) resolved to constitute a Committee on Peace and Harmony. The first public meeting was held on 05 March 2020 which was attended by religious leaders, social workers and various officials from different walks of life, where the Committee received complaints which among other things suggested that Facebook had been used as a platform for fomenting hate and jeopardising communal harmony.
In its judgment, the apex court made 3 important observations:
Facebook is the most popular social media platform in India with about 270 million registered users. The court opined that such vast powers must necessarily come with responsibility. While Facebook has played a crucial role in enabling free speech by providing a voice to the voiceless and a means to escape state censorship, one cannot lose sight of the fact that it has simultaneously become a platform for disruptive messages, voices, and ideologies. The information explosion in the digital age is capable of creating new challenges that are insidiously modulating the debate on issues where opinions can be vastly divided.
The court noted that while social media, on the one hand, is enhancing equal and open dialogue between citizens and policymakers; on the other hand, it has become a tool in the hands of various interest groups who have recognised its disruptive potential. Less informed individuals might have a tendency to not verify information sourced from friends, or to treat information received from populist leaders as the gospel truth.
The judgement elaborates that serious questions have been raised about whether there is a faulty architecture of such intermediary platforms and whether the kind of free, liberal debate which they sought to encourage has itself become a casualty, defeating the very objective of what the platform is providing.
The court said that it is too late in the day for companies like Facebook to deny that they use algorithms (which are sequences of instructions) with some human intervention to personalise content and news to target users. The algorithms select the content based on several factors including social connections, location, and past online activity of the user. These algorithms are often far from objective with biases capable of getting replicated and reinforced. The role played by Facebook is, thus, more active and not as innocuous as is often presented when dealing with third-party content.
Further, the court noted that internationally, Facebook has had to recognise its role in failing to prevent division and incitement of offline violence in the context of the stated ethnic cleansing in Myanmar where a crescendo of misinformation and posts, somehow missed by Facebook employees, helped fuel the violence. The platform similarly apologised for its lack of serious response to evident signs of abuse of the platform in Sri Lanka, which again is stated to have stoked widespread violence in 2018 in the country and had to acknowledge its need to be regulated though the exact method is still unclear and a prerogative of law-making authority. There have been endeavours in light of these events by countries like Australia, the US, the UK, and the EU for ways to regulate platforms such as Facebook in an efficient manner but their efforts are still at a nascent stage as studies are undertaken to understand the dynamism of the platform and its disruptive potential.
In summary, the apex court held that it is difficult to accept the simplistic approach adopted by Facebook – that it is merely a platform posting third-party content and with no role in generating, controlling, or modulating information.
Supreme Court: Vaccinate mentally ill people institutionalized in hospitals & asylums.
In the case Gaurav Kumar Bansal vs. Dinesh Kumar and Ors., the Supreme Court issued directions to the Union Government to ensure vaccination takes place for mentally ill patients who have been institutionalized in hospitals and mental asylums.
The court was hearing a matter pertaining to directions being sought to rehabilitate thousands of mentally ill patients who had been languishing in hospitals and asylums. The court was of the view that the progress in implementing the judgment and the Mental Healthcare Act 2017 has been tardy and it is time that the matter is taken up with utmost alacrity by the Union Government. Therefore, the apex court held that government has to ensure that all mentally ill patients are vaccinated for COVID-19.
Another aspect highlighted before the apex court was that the State of Maharashtra has decided to shift persons who are institutionalized in mental health establishments to beggar homes/custodial institutions. The court held that such an approach by the State Government would be contrary to the provisions of the ‘Mental Healthcare Act 2017’. The court categorically stated that any such action to shift such persons to ‘beggar homes’/custodial institutions would be counter-productive and contrary to the letter and spirit of the ‘Mental Healthcare Act 2017’ and directed the State of Maharashtra to look into this aspect immediately and ensure that this practice is discontinued.
Jammu and Kashmir HC: Not standing up for the national anthem or standing quiet may amount to disrespect & failure to adhere to fundamental duties but not an offence.
In the case of Dr. Tawseef Ahmad Bhat Vs. The state of J&K, the high court held that a mere disrespect to the National Anthem by not standing up or standing up but not singing is not an offence, although it may amount to a failure to adhere to fundamental duties.
The high court made these remarks while quashing an FIR filed against a college lecturer under Section 3 of Prevention of Insult to National Honour Act, 1971 for allegedly showing disrespect to the National Anthem in a college function conducted on 29 September 2018 for celebrating surgical strike conducted by the Indian Army.
The court elaborated that it is crystal clear that only intentional preventing of singing the Indian National Anthem or causing disturbance to any assembly engaged in such singing that is made punishable with imprisonment up to three years, or with fine, or both.
Not standing up while the Indian National Anthem is being sung or standing up but not singing the National Anthem along with members of the assembly engaged in such singing may amount to disrespect to the National Anthem and a failure to adhere to fundamental duties enumerated in Part IVA of the Constitution of India but is not an offence as defined under Section 3 of the Act.
It is the fundamental duty of every citizen, who claims fundamental and statutory rights from the State, to abide by the Constitution, respect its ideals and institutions, hold its National Flag and National Anthem in high esteem. However, the fundamental duties enumerated in Part IVA of the Constitution are also not enforceable in law nor the breach of such duties is an offence under any penal law of the State.
Bombay HC: Stopping police access to CCTV cameras interferes with public duty.
On its own motion, the high court held that the act of a maintenance agency, stopping Police access to CCTV cameras that are installed in public places for monitoring criminal activities, interferes in the performance of public duty and is prima facie questionable in law.
The judgement highlights that the court had earlier issued directions to the Nagpur Municipal Corporation for the installation of CCTV cameras on different occasions with a view to ensure public safety, streamline the vehicular and pedestrian traffic and create a sense of security amongst the citizenry.  Following these directions, an ambitious project namely “Nagpur Smart and Sustainable City Development Corporation Limited” was undertaken and there are at present 3700 CCTV cameras and their functioning has to a great extent served the objects for which they have been installed in the city of Nagpur. However, recently certain issues have cropped up regarding the maintenance of these cameras.
Due to a dispute between parties relating to the non-payment of dues under the contract to Larsen & Toubro Limited (L&T), the company has taken steps to stop the access of these CCTV cameras by police and parties concerned. The Counsel for Larsen & Turbo Ltd informed the court that at present an amount of Rs. 135 crores are outstanding against the Government and the company has not stopped the functioning of the cameras. While the cameras are functioning and video recording is also being done, the only step that has been taken by L&T is the stoppage of access to the CCTV cameras by police and other concerned parties.
The Amicus Curiae expressed that the above steps by L&T are deleterious to the public interest. Although there are issues between the parties, they should not affect the public interest at large.
The court opined that although there is a communication gap between the employer and contractor in this case, if no access is provided to police, the very purpose of installation of CCTV cameras would be defeated and it may also go against the spirit of the directions issued by the Court regarding the installation of the cameras.
The Counsel for L&T informed the court that the access to the CCTV cameras to police and concerned parties would be immediately restored and made a request for rendering assistance to his company for getting back its outstanding amount.
Therefore, the court held that something must be done by all concerned authorities, including the parties to the contract. The court also clarified that it would not have expressed concern about such a communication gap, had it not been for the adverse impact on the public interest and public safety in the City of Nagpur. Considering the larger public interest, the high court urged the parties to the contract to resolve the issue amicably and requested the Government entities involved in the project to ensure that all the outstanding amounts are paid to Larsen and Toubro Limited at the earliest.
Featured Image: Important Court Judgements


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Review: Bombay HC issues guidelines - No media reporting, public disclosure of harassment at workplace case judgments without prior approval
Sai Krishna Muthyanolla
September 29, 2021
In this roundup of court judgements, we look at Constitutional Courts’ remarks & directions on induction of women in Military College, facilitation centres in Meghalaya, guidelines on reporting of sexual harassment at workplace cases . The courts were also informed of the status of compensation awarded to COVID-19 deaths and the functioning of the PM-CARES fund.
Supreme Court: Directed the Union of India to address the issue of induction of women to Rashtriya Military School and College
Taking a cue from the decision of defence forces to allow induction of women into the armed forced through the National Defence Academy (NDA), the Supreme Court observed that that the issue of admission to girls in Rashtriya Indian Military College (RIMC) has to be addressed and cannot be postponed.
The court was hearing a Public Interest Litigation (PIL) filed by Advocate Kailas Udhavrao More against the exclusion of girl candidates from Rashtriya Indian Military School and other Schools and Colleges run under the aegis of Ministry of Defence like the Indian Military College, Sainik School, National Yacht training school. In addition to this, the court was also considering an application filed by the Centre for Reforms, Development and Justice seeking directions to the Centre to amend its policy for admission to RIMC Dehradun permitting girl students to apply and take admission in courses offered for boy students at par without any gender inequality.
The petition filed by Kailas Udhavrao More has challenged the notification (dated 02 February 2021) issued for Rashtriya Indian Military College allowing admission of boys only and the notification issued for All India Sainik School Entrance Examination giving only 10 admissions as against 90 seats which are reserved for the boys.
With respect to Sainik Schools, the bench of Justice SK Kaul and Justice BR Gavai had on an earlier occasion made note of the Union of India’s affidavit which stated that the process of admitting girls have already started and will be further expanded. In the earlier judgement,  the court noted the following about RIMCs:
Therefore, the apex court directed the Union of India to address the issue of induction of women to Rashtriya Military School and College at par with the issue of induction of women to NDA and file an affidavit before the Court within 2 weeks.
PMO informs Delhi High Court: No control of Central or State Govts in the functioning of PM-CARES Funds Trust
In an affidavit submitted on behalf of the PM-CARES Fund Trust by the Under Secretary at Prime Minister’s Office before the Delhi High Court, it was clarified that PM-CARES is a public charitable trust and that it is not created by or under the Indian Constitution or any other statute, and the amount received by it does not go in the Consolidated Fund of India.
The high court was hearing a plea seeking a declaration that PM-CARES Fund is “State” under Article 12 of the Constitution. The Petitioner, Samayak Gangwal, also challenged the PMO’s order rejecting his RTI application stating that PM-CARES was not a “public authority” within the meaning of Section 2(h) of the Right to Information (RTI) Act.
The affidavit clarifies that there is no control of either the Central Government or the State Government in the functioning of the PM-CARES Trust.
The affidavit explains that PM-CARES Fund has been set up as a public charitable trust and is not created by or under the Constitution of India or by any law made by the Parliament or by any State Legislature. Further, the affidavit highlights the following:
Moreover, the affidavit emphasises that the Trust functions with transparency and its funds are audited by an auditor who is a Chartered Accountant drawn from the panel prepared by the Comptroller and Auditor General of India. The audited report is put on the official website of the Trust along with the details of the utilization of funds.
Supreme Court expresses satisfaction with Centre’s decision on Rs. 50,000 Ex-Gratia for COVID deaths.
In an earlier judgement (dated 30 June 2021), the Supreme Court directed the National Disaster Management Authority (NDMA) to frame guidelines for recommending minimum ex-gratia assistance for the victims of the COVID-19 pandemic.
On 22 September 2021, the Centre informed Supreme Court that the families of those who died due to COVID-19 will receive Rs. 50,000 ex gratia from the State Governments. The affidavit clarifies that the ex-gratia assistance to families affected by COVID-19 deaths will continue to be provided for deaths that may occur in the future phases of the pandemic as well or until further notification.
The funds will be paid by the States from the State Disaster Response Fund (SDRF). The affidavit stated that the District Disaster Management Authority (DDMA)/District Administration would disburse the ex-gratia assistance to the next of kin of the deceased persons.
The NDMA is also to constitute a Committee at District Level consisting of:
This committee is to provide necessary remedial measures of the grievances regarding certification of COVID-19 deaths. The apex court expressed satisfaction with the Centre’s decision.
Meghalaya HC: Objects to the establishment of facilitation centres under Meghalaya Resident Safety and Security Act
In Ibahunlang Nongkynrih & Ors. Vs. State of Meghalaya & Ors., the high court expressed strong reservations against sections 17 and 18 of the Meghalaya Resident Safety and Security Act (MRSSA), 2016 which allow for the creation of ‘facilitation centres’ for the purpose of ‘weeding out any known anti-social elements and wanted criminals’.
The high court was hearing a Public Interest Litigation (PIL) petition that challenged the constitutional validity of MRSSA, 2016.
The bench of Chief Justice Biswanath Somadder and HS Thankhiew noted that the State of Meghalaya has the legislative competency to enact the legislation in the exercise of powers conferred under the various Constitutional provisions. However, the bench objected to the statutory provisions that permit the establishment of facilitation centres.
The Counsel for State claimed that the purpose of establishing facilitation centres under the Act is only for verification of tenants and weed out any “known” anti-social elements and wanted criminals.
The bench directed the State of Meghalaya to spell out the purpose clearly and categorically of establishing facilitation centres under the provisions of sections 17 and 18 of MRSSA, 2016.
The court also emphasised that the State should come up with other effective mechanisms without impeding upon the fundamental rights of the residents.
Bombay HC: No media reporting, public disclosure of harassment at workplace case judgments without prior approval
The Bombay high court has directed that cases under the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 will be heard either in-camera or in the judge’s chambers; orders are not to be passed in open court and should not be uploaded on the official HC website either.
The bench of Justice Gautam Patel emphasised that as of now, there are no established guidelines for such matters and the guidelines were a “minimum requirement.”
Some are the salient features of the guidelines include:
The guidelines have further barred the media from publishing proceedings under the Act or reporting on a judgement without the court’s permission. Breach of the guidelines or publishing any party’s name or their information, even if it is in the public domain would amount to contempt of court.

created: September 29, 2021


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Review: Bombay HC Rules That Freedom of Expression and Speech Should Not be Allowed to Go Beyond Reasonableness
Sai Krishna Muthyanolla
December 20, 2023
In this edition of Court judgements review, we look at Supreme Court’s observation in a case that absconding after a crime is not an indication of guilt, Madras HC’s order that medical claim cannot be rejected for treatment in non-network hospital, Bombay HC’s order that freedom of expression and speech should not be allowed to go beyond reasonableness in a case relating to provocative Facebook posts of an employee against the employer, among others.
SC: Absconding after a crime is not an indication of guilt
In the case, Sekaran vs. the State of Tamil Nadu, the appellant was involved in a quarrel with the victim in 1996. The victim was Palas, a “coconut cutting coolie” working under him. Palas had demanded his wages of Rs. 50 to which the appellant responded with filthy language and abused him. This was followed by physical abuse between them. The appellant picked up a rubber stick lying nearby and hit Palas on the front and back sides of his head while exhorting him to get lost. Palas fell down and some men came and separated the two. Two days later, Palas succumbed to the head injury in a hospital, according to the postmortem report.
An FIR was registered, and the Trial Court convicted the appellant for committing murder and sentenced him to life in prison along with a fine of Rs. 1,000. In the appeal, the Madras High Court observed that the appellant had caused the injury to the head which may have resulted in death, but he did not have the intention to kill him. The court found him guilty of the offence under section 304-Part II of the IPC and sentenced him to five years rigorous imprisonment. He then appealed to the Supreme Court.
The Supreme Court bench of Justice BR Gavai, Justice Dipankar Datta and Justice Aravind Kumar observed that the circumstances surrounding the unfortunate death of the victim do not clearly and unequivocally point to the involvement of the appellant and so, his false implication cannot be wholly ruled out.  Noting that there were certain gaps in the evidence presented and no satisfactory explanation for the belated registration of the FIR, he was acquitted of charges under Section 304 (culpable homicide not amounting to murder) of the IPC as the prosecution was unable to establish the accusation beyond a reasonable doubt.
Even though it wasn’t mentioned during the arguments, it came out in the testimony of a witness that the person accused wasn’t caught until three years after the incident. The court stated that it was not unusual for someone to hide if they knew the police were looking for them after a case had been filed against them. On these grounds, it established that even if the appellant was untraceable for a long time or he was absconding, it need not necessarily mean that he was guilty.
Madras HC: Medical claim cannot be rejected for treatment in non-network hospital
The case, Mani vs. Principal Secretary to Government of Tamil Nadu was regarding the disbursal of medical reimbursement claim. In this case, Mani was a retired state government employee and was a member of the Medical Health scheme, paying subscription regularly. He had undergone surgery for a left renal tumour for which he spent over Rs. 1.2 lakhs. He alleged that when he applied for medical reimbursement, the Director of Health and Rural Services rejected it citing that the treatment was in a non-network hospital.
Justices SM Subramaniam and V Lakshminarayanan of the Madras High Court reiterated that medical claims should not be rejected just because the treatment was undertaken in a non-network hospital. They stated that several orders regarding the settlement of the medical claim for treatment undertaken in a non-network hospital had been passed by the Courts and the issue was no longer res-integra. In this case, the court also observed that there was no dispute regarding the genuineness of the treatment, and so there was no reason to reject the medical reimbursement. It directed the insurance company to settle the claim within 6 weeks.
Gujarat HC: Man can be accused of rape even if he commits it on his wife, a woman
In the case, Anjanaben w/o Bhavinbhai Devshankarbhai Modha vs. State of Gujarat, the appellant was accused, along with her son and husband were arrested for charges under sections 354 (A)(C), 376, 376 (D), 498, 506, 508, and 509 of the Indian Penal Code which deal with rape, sexual harassment, harassment by spouse and their family, and criminal intimidation. According to the complainant, the appellant and her husband compelled their son to take nude videos and photographs of the complainant and share them in a WhatsApp group to sell the same to a pornographic website. Further, the complaint also alleged that the father-in-law allegedly used to sexually assault the complainant.
The appellant was aware of the same and the acts were done in her presence. She sought bail from the Ahmedabad High Court. The contention before the court was whether the appellant could be charged for rape and sexual harassment as she was only an abettor.
A bench of Justice Divyesh A Joshi of the High Court denied bail to her and observed that rape is rape, be it performed by a man the ‘husband’ against his own ‘wife’, a woman and so he was liable to punishment for rape under Section 376 of the IPC. It added that marital rape was illegal in 50 American States, 3 Australian States, New Zealand, Canada, and many other countries. Even the UK, which the IPC largely draws from, has done away with the exemption, the court observed. The court also emphasized that the silence around gender violence should be broken in society.
This judgement comes at a time when a series of petitions seeking to criminalize marital rape are pending before the Supreme Court. Contrary to the Gujarat High Court’s decision, the Allahabad High Court held that marital rape is an offence only if the wife is aged below 18 years while hearing a petition last week. More details about that judgement can be read here.
Bombay HC: Freedom of expression and speech should not be allowed to go beyond reasonableness
Hitachi, an automobile parts manufacturing company had terminated an employee after he uploaded two posts on Facebook against the company in 2017 when there were agitations and hunger strikes by employees over the settlement of wages by the company. The employee was an active office bearer of the union in the company and the posts on Facebook were provocative.
Earlier this year, the Labour Court of Pune held that enquiry and termination of the employee was illegal. Hitachi challenged the order before the Mumbai High Court in Hitachi Astemo Fie Pvt. Ltd. vs. Nirajkumar Prabhakarrao Kadu. Justice Milind Jadhav of the Bombay High Court allowed the appeal and quashed the Labour Court’s order. The Bench held that such Facebook posts were clearly an act of inciting hatred and passion against the management. It observed that freedom of speech and expression should not be allowed to go beyond the limit of reasonableness or else it would lead to disastrous consequences. It added that such acts should be ‘nipped in the bud’.
Chhattisgarh HC: Ex-partner cannot be held for abetment if lover commits suicide due to failed relationship
In the case, Pooja Chopra vs. the State of Chhattisgarh, the petitioner was named in the suicide note of her ex-romantic partner. The petitioner and the deceased were in a romantic relationship for over five to seven years and had plans to get married. However, in the suicide note, it was mentioned that she suddenly broke up with him, developed an affair with another person and was about to marry him. It also mentioned in the note that the deceased was forced to take his life as the petitioner, her brother and her new partner threatened and harassed him. Based on the note, the police registered a case charging the three with abetment of suicide. The Trial Court also upheld the same.
Dissatisfied, they approached the Chhattisgarh High Court. Justice Parth Prateem Sahu referred to many past cases and quashed the charges stating that if a lover commits suicide due to a failed romantic relationship, the ex-lover cannot be held to have blamed for the wrong decision taken by a man of weak or frail mentality. Further, the Court observed that there was no mention in the suicide letter or statements of any witness as to when the petitioners had given threats or whether it was constant or a single incident. It also noted that the note could be an expression of anguish over the betrayal in the relationship. The note did not establish ‘abetment’.

created: December 20, 2023