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Explainer: Are the Scheduled Caste converts eligible for any Reservation?
Sai Krishna Muthyanolla
March 27, 2021
In this article, we explore the dynamics around caste, religious conversions, and reservation. We look at what happens when someone from the Schedule Caste Category converts to a religion other than Hindu, Sikhism & Buddhism with respect to their caste status and reservation policy.
On 11 February 2020, in response to a Rajya Sabha question, Union Law Minister reiterated that only those who belong to Hindu, Sikhism & Buddhism faiths are considered as Dalits (Scheduled Castes), according to the Constitution (Scheduled Castes) Order 1950. The response was to a question, “Whether the government is considering making changes to the election rules, categorically stating that the Dalits who have accepted Christianity or Islam would be not eligible to contest from SC reserved seat”. The Minister has clarified that, currently, there is no such proposition.
Petitions challenging the above-mentioned order, which limited Scheduled Caste status to Hindus and was later amended to include Sikhs and Buddhists, is pending in the Supreme Court. A 2004 writ petition challenging the order, filed by the Centre for Public Interest Litigation, was joined by other petitions including a case filed by the National Council of Dalit Christians (NCDC) in January 2020.
Broadly, the plea is to make reservations religion-neutral so that Dalit Christians and Muslims too can benefit. In a 2008 report titled ‘Dalits in the Muslim and Christian Communities’, the National Commission on Minorities highlighted that there is a strong case for including Dalit Muslims and Dalit Christians in the Scheduled Caste category. The report emphasizes that there is ample socio-scientific evidence on the discrimination faced by Dalit Muslims and Dalit Christians.
Caste Categories & Reservation
There are several official classifications of the population in India including General Class,  Other Backward Castes, Scheduled Castes, and Scheduled Tribes. In the context of caste and reservations with respect to Dalits (Scheduled Castes), we will look at the definitions of Scheduled Caste and Other Backward Castes.
How is the Scheduled Castes (SCs) category defined?
Scheduled Caste is the official name given to a group of sub-caste/communities within the framework of the Hindu caste system. These castes have historically faced deprivation, oppression, and extreme social isolation in India on account of their perceived ‘low status’ in orthodox Hindu practices. The Scheduled Castes are sometimes also referred to as Dalit.
According to the Constitution (Scheduled Castes) Order 1950, only marginalised groups/communities that profess Hinduism, Sikhism and Buddhism can be members of the Scheduled Caste. Originally, only Hindus were eligible for reservation under the Scheduled Caste quota, but in 1956, Sikhs were included, and in 1990, Buddhists. Communities/castes of other religions cannot be included in the list of Scheduled Castes. In other words, Muslim & Christian groups are effectively barred from being included in the list of SCs.
Articles 341 of the Constitution defines who would be Scheduled Castes with respect to any State or Union Territory. A state-wise list of SCs is maintained by the Indian Ministry of Social Justice and Empowerment. The Central Government can include or exclude communities & groups in this list.
How is the Other Backward Classes (OBCs) category defined?
Other Backward Classes (OBCs) is an official name given to caste/communities that are educationally or socially disadvantaged. The Constitution does not define Other Backward Classes. Successive governments in the 1980s expressed their intent to provide reservations to the backward classes. The Mandal Commission report submitted in the 1980s recommended 27% reservation for backward classes. In the year 1990, the then government declared that it would provide 27% reservations to “socially and educationally backward classes” for jobs in central services and public undertakings. In order to this extent was also issued. However, the constitutionality of this order was challenged in the supreme court. The Supreme Court in Indira Sawhney’s case, upheld this order but made the following clarifications.
In pursuance of this judgment of the SC, the Government enacted the National Commission for Backward Classes (NCBC) Act in April 1993.) The Commission’s job is to examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and also provide advice to the Central Government. The Central Government is also supposed to undertake a revision of the OBC lists every ten years or at periodic intervals to exclude or include particular classes. The classes of citizens to be included in OBCs would be other than those included in SCs and STs. The list of OBCs is maintained by the Indian Ministry of Social Justice and Empowerment. The list is dynamic with castes and communities being added or removed depending on their social, educational, and economic factors.
In other words, unlike the SCs, caste groups & communities from any religion can be included in the OBC list of a particular state or states depending on their social, educational & economic backwardness. Hence Hindus, Sikhs, Buddhists, Muslims, Christians can all be made part of the OBC list.
What happens to caste categories after conversion?
On attainment of independence, instructions were issued for reservation of 12.5% of vacancies for SCs in respect of recruitment made by open competition (and in case of recruitment other than by open competition this percentage was fixed at 16.7%). After the 1961 Census, the percentage of reservations for SCs was increased from 12.5% to 15%. In 1993, the Government introduced reservations for Other Backward Classes (OBCs) in direct recruitment broadly at the rate of 27%.
The Constitution (Scheduled Castes) Order, 1950 (as amended from time to time) clarifies that no person professing a religion other than Hinduism or Sikhism, or Buddhism can be deemed to be a member of a Scheduled Caste. There is, however, no religious bar for being treated as Other Backward Class as noted earlier.
As no person professing a religion other than Hinduism or Sikhism or Buddhism can be deemed to be a member of Scheduled Castes, the letter of appointment issued to Scheduled Caste candidates mentions that they should report the change of their religion, if any, to their appointing/ administrative authority immediately.
A number of steps are undertaken to verify caste status when a person claims to belong to a Scheduled Caste, Scheduled Tribe, or a Backward community. In the case of Scheduled Caste, it is verified if they belong either to the Hindu or Sikh or Buddhist religion.
In case of conversion and re-conversion, there are three scenarios with respect to the status of Scheduled Caste status:
What this means is that even after conversion to a religion other than Hinduism or Sikhism or Buddhism, a Scheduled Caste person may be entitled to reservation under the OBC quota if such a group is included in the list of OBCs. Many such groups are included in the OBC list of various states, giving them the benefit of the OBC quota. For instance, this recent notification of the Kerala Public Service Commission has a post reserved for the ‘Scheduled Caste Converted to Christianity (SCCC)’ under the OBC quota.
The following table shows a state-wise list of specified categories for religious converts from Scheduled Castes under the OBCs list. The list is a compilation of entries from the state-wise list of OBCs  maintained by the Indian Ministry of Social Justice and Empowerment and a 2008 report titled ‘Dalits in the Muslim and Christian Communities’, the National Commission on Minorities.
Featured Image: Scheduled Caste conversion


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Explainer: As People Rush to Buy Real Estate on The Moon, Here is What the Outer Space Treaties Say - FACTLY
Sai Krishna Muthyanolla
September 12, 2023
Following the successful soft-landing of Chandrayaan-3 on the Moon, there have been numerous reports of people buying property on the Moon and other planets. But what is the legal basis for these? What do the treaties about the Outer space say?
Ownership of property outside Earth is a topic that has captured the imagination of many, especially in the current era which is marked by ambitious plans for space exploration and colonization by even private entities. On 23 August 2023, India created history by successfully soft-landing Chandraayan-3 on the Moon. This makes the Moon feel closer than before, and the enthusiasm for obtaining lunar real estate has seen a remarkable surge among Indians. Since the soft-landing, there have been many reports of people buying and gifting property on the Moon. However, this is not a recent development. From the former Presidents of the United States- George H.W. Bush, Jimmy Carter, and Ronald Reagan to Indian Bollywood Celebrities- Shah Rukh Khan and Sushant Singh Rajput are reported to own property on the Moon.
Not just the moon, there are even claims for other planets. For instance, in 1997 when NASA sent the Pathfinder spacecraft and Sojourner rover to Mars, three men from Yemen sued NASA for trespassing on their inherited property. They claimed that they had inherited the planet from their ancestors 3,000 years ago and that NASA landed on Mars and began exploring it without informing them or seeking their approval.
A simple Google search reveals that there are websites like the Lunar Embassy, Cosmic Register, or Lunar Registry that offer to sell property on the Moon, Mercury, Venus, Mars, and Pluto. An acre of land on these planets and the Moon costs $ 34.99 or Rs. 2,900. People are even given the option to choose the area on the celestial body where they wish to buy the plot. One of the websites even offers people the opportunity to purchase the entire Pluto for just $250,000 or over Rs. 2 crores, along with Mineral Rights. In return, the purchasers of the extra-terrestrial property would be given a “deed” with/without their name on it. There are many online articles/guides on how to purchase such extra-terrestrial property.
But what is the legal basis?
The United Nation’s Outer Space Treaty of 1967, also known as the ‘Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space’, including the Moon and Other Celestial Bodies, is a crucial international agreement that establishes the foundational principles for activities in outer space. Article I of the Treaty describes outer space as the province of all mankind.
Article II of the Treaty explicitly states that outer space, including the Moon and other celestial bodies, cannot be claimed by any nation as sovereign territory. It prohibits the establishment of territorial sovereignty in space.
Further, the Treaty recognizes the freedom of all countries to explore and use outer space for the benefit of all humanity while encouraging international cooperation for the same. It recognizes the freedom of all countries to explore and use outer space for the benefit of all humanity and holds States responsible for ensuring that their space activities are consistent with the treaty’s provisions and addressing any damage caused by their space objects on Earth or in outer space. The Outer Space Treaty also emphasizes that outer space should be used for peaceful purposes.
A total of 114 nations, including India, the US, Russia, and the UK are parties to the Treaty and have ratified the same, which does not allow exclusive claim to celestial bodies.
The Moon Agreement also reiterates that the Moon and its natural resources cannot become a property of any State, organization or individual
The Moon Treaty or the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies was entered into force in 1984. Unlike the Outer Space Treaty, which primarily addresses the broader principles of space activities, the Moon Agreement specifically deals with the use and exploitation of the Moon and other celestial bodies beyond Earth’s orbit. The agreement also explicitly mentions that the Moon and its natural resources are the common heritage of mankind and reiterates that the Moon and its natural resources cannot become a property of any State, international intergovernmental or non-governmental organization, national organization, or non-governmental entity or of any natural person.
Only India and 17 other countries are Parties to this agreement. However, other countries like the US, Russia, and China which have previously landed on the Moon are not part of this agreement.
The answer to the question of whether individuals or entities can own property outside Earth is that no one can own property on the Moon or in any celestial body as per the international agreements.
There is no regulation or restriction on resource extraction in Outer Space
While property ownership is not permitted by these agreements, utilization of the resources does not have any regulations. That is, the agreements have not prohibited or restricted the extraction of such resources.
The Artemis Accords of NASA is a non-binding set of principles designed to guide civil space exploration and use in the present when more countries are exploring Outer space. It was launched in 2020 and has 27 signatories, including India, as of June 2023. The Accords establish that the extraction of space resources does not inherently constitute national appropriation as per the Outer Space Treaty. It should be noted that the Accords are not international law.
India does not have a Space Law yet
Many countries including the US, China, Brazil, Japan, Russia, and Australia have their own National Space Laws. These legislations are to govern space activities conducted by that nation’s space agency, commercial companies, and individuals. They also deal with a wide range of issues such as satellite licensing, launch regulations, and space debris mitigation, among others.
While India still does not have such space legislation, a draft Space Activities Bill was published in 2017 recognising the need for it not only because of the interest shown by the private sector but also because space activities need participation from private sector agencies as well. The draft also talks about commercial space operations.
Irrespective of the Bill, the Government of India is encouraging non-government entities to participate in space-related activities and has created the Indian National Space Promotion and Authorisation Centre (IN-SPACe) under the Department of Space (DOS), to promote, handhold, and authorize activities of NGEs in the space sector.
India’s space sector has made significant advancements over the years, establishing itself as a prominent player in the global space community.
Interest in Parliament too
Here are some interesting questions related to the space, raised by the Members of the Parliament in the Lok Sabha and Rajya Sabha.

source: news-factly

created: September 12, 2023

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

author: Sai Krishna Muthyanolla


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Summary of all the measures by Government of India for COVID-19
Sai Krishna Muthyanolla
April 7, 2020
The Central & State governments have undertaken multiple measures to provide relief for those affected by COVID-19. Here is a brief summary of all the measures by the Central Government.
The global pandemic of COVID-19 has posed a serious challenge to most countries in terms of managing the outbreak and reducing its impact on people. On one hand, economic activities in most countries, including India have reduced following nation-wide lockdowns. This has resulted in many people losing out on their incomes, like in the case of migrant workers and daily wage labourers as non – essential services have come to a standstill. On the other hand, the IMF has predicted a global recession worse than 2008, calling this period ‘humanity’s darkest hour’ since societies and economies have halted temporarily.
Globally, SARS-CoV-2, the virus responsible for COVID-19 has claimed morethan 65,000 lives and affected more than 12 lakh people across 209 countries,according to WHO’s dashboard. Meanwhile, in India, more than 4000 cases and 100 deaths have been reported.
In an earlier story by Factly, the relief measures announced by state governments werelisted in various sectors. Similarly, in this story, we look at some of themajor announcements and relief measures announced by the central government to confront the pandemic, across some major sectors.Some of these measures, especially with respect to health, are bound to changedepending on the dynamic situation.
Agriculture
Organised sector
Migrant workers and unorganized sector
Food security
Financial Aid
Financial services
Education
Essential goods and services
Health
Other measures taken by the government
In this story, only some of the major orders of the Central government with respect to COVID-19 have been discussed. PRS India and COVID India- Measures & GOs websites have presented the consolidated version of all the orders to date.


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Explainer: BS-VI norms from 01 April 2020. What are they?
Sai Krishna Muthyanolla
March 3, 2020
With effect from 01 April 2020, BS-VI emission norms will come into force across India. But what are these BS norms and how do the new norms differ from the earlier ones? Here is an explainer.
With effect from 01April 2020, BS
VI emission norms will come into forceacross India. The relevant notification was issued by the Ministry of RoadTransport and Highways on 19 February 2016. But what are these BS norms and howdo the new norms differ from the earlier ones? Here is an explainer.
Bharat Stage norms are vehicular emission standards
Bharat Stage norms or standards, often abbreviated as BS norms, are vehicular emission standards set by the Government of India following the implementation of the National Auto Fuel Policy in 2003. The policy set a roadmap to keep a track on emissions and pollutant levels due to combustion engines of vehicles and fuels used. Every few years, the emission standard is upgraded to reduce the quantum of allowed emissions of various pollutants. The newer or latest BS norms imply lesser pollutants emitted by a vehicle. Norms are applicable to both, the vehicle’s engine as well as fuel. In short, BS norms help keep pollution in check. Once the government issues standards, it is mandatory for all vehicle manufacturers to produce vehicles based on these norms.
BS standards were introduced based on European
vehicular emission standards
Vehicular emission laws were first introduced in India in 1991 and made stringent in 1996. BS norms were arrived at, based on European emission standards following Supreme Court’s order in 1999. Bharat Stage-I and Bharat Stage-II vehicle norms, broadly equivalent to Euro I and Euro II standards, were introduced in India and National Capital Region (NCR) respectively in 2000. Since then,  the standards have been improved progressively over the years.
Progressively, government is upgrading the quality of
fuel and vehicle engine standards
In 2005, while BS-I quality fuel was phased out, BS-III fuel was made available in 13 major cities and BS-II fuel was made available elsewhere in the country. From April 2010, BS-IV fuel was made available in 13 major cities while BS-III was made available in the rest of the country from September in the same year. BS-VI fuel will be available in the country starting from 01 April 2020.
The upgrade
in fuel quality over the years resultedin the decline in toxic components present in fuel such as benzene and sulphur.Lead was phased out from gasoline and since 2000, only unleaded gasoline issold in India. Likewise, in the case of diesel too, the upgradation instandards has resulted in the reduced presence of harmful hydrocarbons in thefuel.
India has directly leapfrogged from BS-IV to BS-VI level in 2020 to meet global standards
From 2010, BS-III norms were made effective throughout the country. BS-IV norms came into force in the entire country from April 2017. With effect from 01 April 2020, BS-VI norms will become effective pan India. Despite the recommendations of the parliamentary committee in 2015 to implement BS-IV norms in 2017, BS-V norms in 2020 and BS IV norms from 2024, the government decided to leapfrog to BS-VI from BS-IV in 2020 itself. One can also note that the period of enforcement of each of the BS level has also been reduced in India. One reason is to keep up with European countries. Europe introduced Euro VI standards in 2015 itself. Euro-IV was introduced in 2009.
This time, Compliance norms have been made compulsory for all vehicles across the country
It can also be seen that earlier BS norms were implemented in phases, initially introduced in major cities and then expanded pan India later. This meant that people could buy vehicle of lower BS level from other parts of the country. Similarly, in the case of vehicles as well, each stage came up with different deadlines for 2 and 3 wheelers, and 4 wheelers. However, this time, the standard is applicable to all vehicles including buses and heavy vehicles. Motor vehicles used by the government for defence purpose and special purpose vehicles used for internal security, and law and order are exempted from BS-IV norms itself. They are also granted exemption from BS-VI.
BS-VI compliant vehicles will produce lesser quantity
of particulate matter and greenhouse gases
Vehicles
with BS-VI compliant engine requirepetrol and diesel with Sulphur
content not more than 10 parts per million(ppm). BS-IV fuel contains five times more Sulphur, that is, 50 ppm. BS-VIvehicles will have advanced emission control technologies such as diesel particulatefilters which will help in reducing ‘Particulate Matter’ emission and ‘NitrogenOxides’ emission which are the major contributors to air pollution.
By leapfrogging to BS VI standards, it is estimated that the emission of nitrogen oxides will be reduced by 88.5% and that of particulate matter will be halved in diesel-based heavy-duty vehicles. In the case of diesel-based passenger cars, the reduction will be 68% and 82% respectively. 25% reduction in emission of nitrogen oxides is also expected in the case of gasoline (petrol) based passenger cars. Thus, the emission of greenhouse gases and toxic gases will be reduced.
Supreme Court ordered only BS-VI vehicles will be sold
from 01 April 2020
The Supreme Court clearly stated in its 2018 ruling that with effect from 01 April 2020, only BS-VI compliant vehicles, including two and three-wheelers, and commercial vehicles, should be sold & registered in India. This was following a plea by the government to give a grace period to the automobile manufacturers to sell BS-IV vehicles beyond 31 March 2020. The Supreme Court, however, stressed on the need for a cleaner environment and declined the extension citing the rampant air pollution in major cities of the country. In 2017, a similar judgement was given for the implementation of BS-IV standards.
BS-VI fuel was introduced in the National Capital Territory of Delhi in 2018. Around Rs. 30,000 crores are estimated to be the expense of the Central government in order to ensure that BS-VI fuel is available throughout India. As per the Auto Fuel Vision and Policy- 2025 report, Rs. 20,000 crore is the estimated investment for transformation to BS-VI gasoline and Rs. 60,000 crores for BS-VI diesel. Many automobile manufacturers like Maruti Suzuki, Hero MotoCorp and TVS Motors, had begun production of BS-VI compliant vehicles in 2017-18 itself.
What will happen now?
Considering the health implications and environmental problems resulting from the use of BS-IV fuels, the change to BS-VI fuel is a welcome move. Also, this change is in line with India’s move towards meeting global standards. At the same time, automobile manufacturers will no longer be able to sell the existing stock BS-IV compliant vehicles from 01 April 2020 unless the engine is modified to meet the BS-VI standards. Further, India’s automobile industry is already facing a slowdown. The move to BS-VI standard vehicles is bound to increase the cost of vehicles discouraging the sales further.
Featured Image: BS VI emission norms


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Can first 3 digits of a Barcode tell us where a Product is Manufactured?
Sai Krishna Muthyanolla
June 29, 2020
Social Media is abuzz with posts that educate users on Chinese products. Some of them talk about how the first 3-digits of a Barcode can tell us where a product is manufactured. Here is a detailed explainer with everything you wish to know about barcodes.
Recent reports of skirmishes along the India-China border (LAC) have once again brought to the fore the demand to boycott Chinese products. Several posts on Social Media platforms are being shared encouraging people to boycott these products. While most of the posts enlist a few well-known Chinese brands that need to be boycotted, there are few other posts which supposedly provide additional information regarding identification of these products. One such popular social media post states that the first three digits of a barcode can be used to identify the country of origin of this product.
Can the origin of the product or more precisely where a particular product is manufactured be identified using a Barcode? What is a Barcode and what does it convey? Here is a detailed explainer.
Barcode developed for easier identification of products
Barcode is a method used to represent data in a visual, machine readable format. The parallel lines of varying width and spacing that we associate with is part of the initially developed Barcode system, currently referred to as One dimensional (ID) and are scanned using Optical scanners. 2D Barcodes with different shapes like rectangles, hexagons, dots etc. are also being used, which can be read using mobile devices.
The initial barcode was based on Morse Code, which was extended to thin and thick bars. This was patented in 1952.
However, it took nearly two decades for the idea to be commercially viable. After some unsuccessful projects which tried using barcodes, they found relevance in the 1970s at the check-out counters of the Super Markets to scan the products, a role for which they have been known ever since.
In 1973, The Uniform Grocery Product Code Council chose a variant of the barcode with vertical bars, rather than the circular barcode patented earlier. This formed the basis of Universal Product Code (UPC). It is a Barcode which is extensively used in most of the countries across the world to track trade items in stores. IBM took over the project of developing the first UPC and the first UPC marked item was scanned in a Super Market in 1974. A 10-pack of Wrigley’s Juicy Fruit chewing gum at Marsh supermarket in Troy, Ohio was the first ever product to have been scanned using this code.
UPC consists of 12 numeric digits that are assigned uniquely to a trade item. The UPC follows the global GS1 specification, which is based on International Standards.
GS1 develops and maintains the Global standards for Barcode
GS1 is a Not-for-Profit organization which develops and maintains Global standards for business communication. Barcode is one such standard developed by GS1, which was introduced in 1974.
GS1 works in consensus with various governments, companies and experts to develop the Global Standards. These standards are designed to improve efficiency, safety and visibility of products in supply chains. The GS1 barcode is applicable for various physical and digital channels across 25 sectors.
3-Digit Company Prefix belongs to GSI Member country where barcode was issued.
GS1 has member organizations in 110 + countries which work with respective governments in developing the standards. In India, GS1 India works closely with various industry bodies like FICCI, CII, ASSOCHAM along with Government of India’s Ministry of Commerce and Industry.
The EAN-13/UPC barcode consists of a GS1 prefix, which belongs to the GS1 member organization, often the country, that allocated the Barcode.  Each member organization, often the country has a unique Company prefix.
As indicated in the social media post highlighted earlier in the story, China and India do have unique Company prefix codes. ‘890’ belongs to GS1 India and ‘690-699’ belongs to GS1 China.
But the catch here is unlike what the post states, the presence of a particular prefix does not mean that the product is manufactured in that country. Information of GSI portal explicitly states that, GS1 member companies can manufacture products anywhere in the world. GS1 prefix cannot be used to identify the country of origin/manufacture of the product. It only indicates the GS1 member country where the company that manufactured those products has registered with GS1.
Let us understand this with a few examples.
Examples of day-day products we use to demonstrate that GS1 prefix does not identify country of origin/manufacture
We use multiple products in our day to day life. We also assume that a particular brand belongs to a certain country or is manufactured in a particular country. However, GS1 on the barcode belongs to a different country.  Here are few examples of products that we encounter regularly.
Example 1: Xiaomi MI mobiles
MI brand of mobiles are among the most popular mobiles in India. It is known that the brand belongs to ‘Xiaomi’, a Chinese company.  The first 3-digits of the barcode of these mobiles has a GS1 China prefix. However, it does not confirm that the product is manufactured and imported from China.
When we check the details, one can identify that Xiaomi MI mobiles are manufactured in India by a company ‘Rising Star Mobiles India Pvt Ltd’.  The Xiaomi MI mobiles manufactured by this company also bear a ‘Make in India’ stamp.  So, the GS1 prefix or the first 3-digits of a barcode  does not necessarily indicate the country where it is manufactured, in this case India.
Example 2: Lays Chips
Lays Chips in India offer a different case. Lays brand belongs to PepsiCo, which is an American company. However, when you check for the barcode on the Lays chips packet found in India, one would notice that it starts with ‘890’ which is an Indian GS1 prefix.  This is due to the fact that it is manufactured by PepsiCo (India) Holdings Pvt. Ltd, an Indian subsidiary of PepsiCo which is registered in India.
Further, provisions indicate that the subsidiary company can use the GS1 prefix of the Parent company but not the other way around.  In other words, PepsiCo (India) can use the GS1 prefix of PepsiCo, the USA prefix. But PepsiCo cannot use the GS1 prefix of PepsiCo (India), which is the GS1 Indian prefix ‘890’.
Example 3: Apple MacBook
When the barcode on an Apple MacBook is checked, one could notice UPC Barcode starting with ‘190’. Few companies use Universal Product Code due to their global presence. In order to identify the EAN barcode, one needs to add a prefix ‘0’ to UPC.  Hence, barcode on an Apple laptop purchased in India would be ‘019’ which belongs to USA. However, the MacBook is manufactured in China, which is clearly indicated on the product.  Hence, in this case, the Apple laptop available in India is manufactured in China, even though the barcode used is of an American company and indicates GS1 of USA.
The place of manufacture of a product cannot be identified through Barcode
As these examples indicate, the place of manufacture cannot be identified purely based on the Barcode. It only indicates the country where that specific company has registered for getting a barcode. There could be Chinese companies which use GS1 China related barcode, but their products are manufactured in India itself. And in few other cases, as in the case of Apple, the products are imported into India from China but have an American based barcode.  Hence, unlike what the social media posts state,  we would not be able to determine if a product is manufactured in China or India purely based on the barcode.


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Explainer: COVID-19 Dead Body Management – India & World
Sai Krishna Muthyanolla
April 15, 2020
The global death toll due to COVID-19 crossed 1.2 lakh. Some countries are grappling with thousands of infected dead bodies as governments across the world have issued detailed guidelines to deal with the dead bodies. Here is an explainer on these guidelines in India & few other countries.
Most healthauthorities around the globe have released their own set of guidelinesregarding dead body management of COVID-19 positives. They are mostly the samewith some minor variations. Cremation has been suggested as the safest way forlast rites, instead of burial. However, guidelines for burials are alsooutlined.
Guidelines
by GoI and AIIMS
On 15 March 2020, the Government of India released the guidelines for dead body management for COVID-19 including management of bodies in hospital, autopsy, and burial/cremation.  Main highlights of the guidelines are:
1.Removal of the body from the isolation room or area
2. Handling of dead body in Mortuary
3. Autopsies on COVID-19 dead bodies
4.Transportation
5.At the crematorium/Burial Ground
The AIIMS Department of Forensic Medicine and Toxicology, New Delhi, has alsoreleased its own set of guidelines. They are mostly the same as GoI guidelinesand have some additional points too. In order to ensure safety, they havesuggested that it is best to cremate all bodies in electric or gascrematoriums, keeping the body in the body bag. And if burial is to be done,for religious or personal beliefs, the body should be placed in a thick andair-tight coffin at a depth of four to six meters in the ground. The area ofthe grave should be cemented immediately and precautions should be followedafterwards to avoid scavenging by animals.
In addition to this, the Central Pollution Control Board
(CPCB),has released guidelines for handling, treatment and safe disposal ofbiomedical waste generated during treatment, diagnosis and quarantine ofpatients confirmed or suspected to have the novel coronavirus disease (COVID-19).
Guidelines
by Indian States
All Indian stateshave issued orders to follow the GoI guidelines. Some states have released moredetailed guidelines, such as:
State of Telangana outlined measures toensure preparedness of government and private hospitals dealing with COVI-19 casualtiesand handling of family and relatives. The guidelines have specified the numberof people who can be allowed for viewing of deceased body (up to 5 people at atime) and during last rites (up to 5 people allowed).
Telangana also outlined how to handle family ofdeceased persona and directed hospitals to appoint a dedicated  COVID liaison Officer for this purpose.
State of Punjab outlined the chain of responsibilities in case of death in GovernmentMedical Colleges and other Isolation Centres.
Punjab’s notificationalso outlined the role of local District Administration with respect to helpingthe deceased person’s relatives during last rites and procedure to be followedin case of unclaimed bodies.
Guidelines
by World Health Organisation
Apart from similar measures mentioned above, World Health Organisation also outlined thefollowing with respect to the last rites of deceased patients, such as:
European Union and US Centers for Disease Control and
Prevention have released similar guidelines for management of COVID dead body management.
Practices around the world
Nations around the world are still grappling with thebest ways to manage the dead body of COVID-19 patients. A few excerpts gainedlight such as:
Featured Image: COVID-19 Dead Body Management


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Explainer: COVID-19 Economic relief packages across the world
Sai Krishna Muthyanolla
May 9, 2020
Governments across the world have announced major economic relief packages to tide over the COVID-19 crisis. Here is a look at the economic packages announced by some of the major countries.
WHO has declared COVID-19 as an Public Health Emergency of International Concern on 30 January 2020, because of its rapid spread across multiple countries. In an effort to contain the spread of the virus, most countries have resorted to containment measures like ban on air-travel, closing down the borders, lockdowns etc.
While these measures were necessary in wake of the prevailing situation, they caused enormous disruption to normal life. Most economic and commercial activities across the world were brought to a standstill because of these measures, resulting in loss of income for many.
To address these repercussions and alleviate the sufferings caused to the citizens, respective governments have announced relief measures and stimulus packages. Factly has earlier written stories on the relief measures announced by Government of India and the States, to provide relief and support to the disadvantaged sections of the society. On 26 March 2020, Government of India announced a COVID-19 relief package worth Rs. 1.7 Lakh crores.
In this story, we take a look at the various relief and stimulus packages announced in various counties affected by COVID-19.
USA has announced more than USD 2.5 trillion as Aid package in multiple phases
USA is the worst hit country by the COVID-19 pandemic. It has around 12.5 lakh COVID-19 positive cases and has reported more than 67 thousand deaths so far.
President Trump’s administration declared a Public Health Emergency on 31 January 2020, in regards to the spread of COVID-19. As the situation escalated further, a National Emergency was declared on 13 March 2020. The response of the individual states in the USA has varied, with each of them acting in accordance to the severity of the situation in the respective states. Most of the non-essential services and any sort of public gatherings have been banned in most of the larger states.
These restrictions have adversely affected travel, restaurant, retail and other industries along with the financial markets. As on 16 April, around 22 million Americans have filed for unemployment since National emergency was declared.
The United States Congress has come up with multiple aid packages to address the situation.
a. The first Aid package approved by US Congress was through the enactment of Corona Virus Preparedness and Response Supplemental Appropriations Act, 2020. As per this act,  $ 8.3 billion has been provided. This includes:
b. On 18 March, Families First Corona Virus Response Actwas approved in Senate. It provides for Paid Emergency leave, Food assistance and Free testing for all the affected employees.
c. The largest ever Economic Stimulus package in US History was provided through Corona Virus Air Relief and Economic Security Act (CARES Act) , with the approval of $ 2 trillion. The highlights of this aid include:
d. A further $ 484 billion was approved on 23 April 2020. The amount would be used to further fund Paycheck Protection Program as well as to provide $75 billion as funding to hospitals.
United Kingdom (UK) provides for Individual and business relief measures
UK currently has the second highest number of deaths due to COVID-19, after USA. The response and imposition of a lockdown were delayed in comparison to other countries.  Lockdown on the whole population was imposed on 23 March, and Corona Virus Act 2020 was passed to provide the government with Emergency powers.
Relief measures announced to mitigate the socio-economic effects of lockdown include the following.
Tax and Unemployment benefit a key part of Italy’s relief measures
Italy was one of the first epicentres for COVID-19 outside. A nationwide quarantine was announced on 09 March 2020. Subsequently, Italy has announced various relief measures in the form of aid and tax benefits for its citizens affected due to lockdown.
All-round coverage in Canada’s Covid-19 relief package
Canada is being hailed as one of the countries which has managed COVID-19 epidemic more effectively than others. Especially, the relief & support measures announced by Canadian government have received appreciation for covering individuals from various walks of life as well as various businesses.  (Note : the monetary values expressed are in Canadian Dollars)
Financial support to unemployed and relief for business part of most Economic relief packages
Local and in-country specific demands influence the financial packages across the countries. Countries which are among the developing and poor countries have laid emphasis on providing financial and benefits-in-kind support to the marginalized sections of the society. Whereas, more developed countries have laid emphasis on providing tax reliefs for the work forces and incentives for employers to sustain in the business.
Providing assistance to the unemployed who might have lost their jobs due to COVID-19 features primarily in any of the relief & stimulus packages announced by the governments. Key emphasis is also laid on providing assistance to businesses, especially small and medium scale ones which have lost revenue and do not have the resources to stay afloat. This would ensure that the businesses survive this period.
Here is a look at few important economic relief measures taken by select countries(Brazil, South Africa, Singapore and Pakistan)
Featured Image: COVID-19 relief packages


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Explainer: Everything you need to know about TRAI’s new Tariff orders on DTH & Cable TV
Sai Krishna Muthyanolla
January 27, 2020
From 01 February 2019, TRAI introduced a new pricing model for DTH & Cable TV. TRAI has now made further amendments to these rules that are bound to reduce the overall price a consumer pays for a bouquet of channels. Here is everything you should know about the new amendments.
The Telecom Regulatory Authority of India (TRAI) recently issued amendments to the ‘The Telecommunication (Broadcasting And Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017’, or commonly known as the tariff orders for DTH & Cable TV.   Factly’s detailed explainer on the old rules is here.
These amendments introducesignificant changes in the content and pricing of bouquet and a-la-cartechannels, alongside others. Here is a detailed explainer on the changes and thebenefits to the consumer because of the changes.
Introduction
of new definitions
The current amendment includes definitions for “long term subscription” and “multi-TV home”. A subscription for a duration of 6 months or more, for which an advance payment has been made, will be recognized as a long-term subscription. A household having more than one TV connection or set-top box in the name of one person will be recognized as a multi-TV home.
Additionally, a provision has been introduced wherein every distributor shall allow distinct choice of channels and bouquets of channels to each TV connection or set-top box in a multi-TV home. It is also permissible for a distributor to offer long term subscriptions and declare respective network capacity fee, distributor retail price and duration of such subscriptions.
New slabs
for ‘Network Capacity Fee’
The slabs (number of channels in each slab) have undergone changes in the current amendment.
New pricing
model for Bouquets
With respect to a bouquet,major changes have been introduced in the content and pricing model.
Case of a
Bouquet – Before and After the current amendment
To understand this better,let’s take a case in point of a bouquet of 5 channels and understand thebenefit to the consumer.
Before the current amendment,the bouquet would have the following conditions.
Now after the amendment, thesame bouquet will have to undergo a number of changes.
In the above illustration,there is a benefit of more than Rs. 10 or 25% to the consumer. Though theactual quantum of benefit will depend on the consumer’s choice of bouquet, everyconsumer choosing a bouquet is bound benefit from the new tariff rules.
Extended
guidelines for a la carte channels
With respect to a la cartechannels, there has been an addition in the pricing guidelines.
Consumers
can use TRAI’s Channel Selector Application to estimate price
Furthermore, recently, TRAI has introduced a ‘Channel Selector Application’ that offers a platform for users to optimise their selection of TV channels. It enables the users to make an informed choice by indicating the total MRP of their selection based on the prices of channels across various DTH operators and also indicates the required network capacity fee for the given number of channels. Users can choose the from the variety of channels by specifying their DTH operator/local MSO operators, state, and language and quality preference.

created: January 27, 2020


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Everything you wanted to know about the National Flag, Anthem & Emblem
Sai Krishna Muthyanolla
January 25, 2020
Are there rules governing the use of the national flag & emblem, singing of the national anthem? Here is a detailed explainer.
India, being hometo a largely diverse demography, language & culture, is united with thenational symbols which are intrinsic and unique to India. National symbolsrepresent the country’s history, values and culture. Citizens are legally boundto show respect to such national symbols. While India is gearing up tocelebrate the 71 Republic Day this year, here is a look at the keynational symbols and the relevant rules about the National Flag, NationalAnthem and National Emblem.
The National Flag
The presentNational Flag of India was adopted by Constituent Assembly on 22 July 1947. Displayof the flag must be in compliance with the Flag
Code of India, 2002.
The flag should be made of hand-spun and hand-woven Wool/Cotton/Silk Khadi bunting in the prescribed dimensions.
The Ministry of Home Affairs (MHA) also directed all government offices multiple times to ensure that plastic flags are not used for any event since the disposal of the flag with dignity might not be possible.
The flag shouldnot be used for commercial purposes and also must not be used as a portion inany kind of garment or cloth or decoration. Also, nothing is allowed to beinscribed on the flag. It should not be used to hold any item or as a cloth towrap things except for flowers prior to unfurling. When the flag ishoisted/lowered or being carried in a parade, everyone has to stand inattention facing the flag. The flag should always be kept in the uprightposition with saffron at the top.
The flag should bedistinctly placed and flown from sunrise to sunset. No other flag should beplaced above or higher than or side by side to the National Flag. The flag willbe half-masted only in the event of death of dignitaries as mentioned in theFlag Code of India.
The privilege offlying the flag on their cars is restricted to a few dignitaries who head theExecutive, Legislature and Judiciary at national and state level.
Care should also be taken that a damaged flag is not displayed. It should be destroyed privately by burning or any other manner without compromising its dignity.
In some cases, permission is also granted for giant flag to be hoisted permanently.  In such cases, A proposal needs to be sent to the MHA which accords permission to fly the national flag on giant flagpoles overnight. The government has stipulated the following conditions that need to be fulfilled to get a ‘No Objection’. However, these has not been added to the Flag Code of India.
The flagpole in Hyderabad’s Sanjeevaiah Park and Delhi’s Central Park in Rajeev Chowk are two examples.
The National Anthem
Composed by Rabindranath Tagore, rendition of the full version of the National Anthem takes about 52 seconds. It is played mandatorily at certain formal events such as presentation ceremonies of Padma awards and gallantry awards, during parades and display of regimental colours. In formal State functions and other government functions involving the President/ Governor/ Lieutenant Governor, the anthem has to be played on their arrival or departure. Generally, the Anthem is not played for the Prime Minister.
A 20-second short version of the anthem comprising the first and last two lines of the anthem is played when drinking toasts in Messes.
Playing or singing of the National Anthem is not restricted to these events. It can even be sung in events which need not be customary as long as the anthem is rendered with respect and, decorum is maintained. Schools should take necessary steps to promote the singing of National Anthem and respect for the National Flag.
The MHA in its orders mentioned that it is not possible to give an exhaustive list of occasions on which the singing of the Anthem is permitted. However, it made clear that there is no objection to the singing of the Anthem accompanied by mass singing so long as it is done with due respect as a salutation to the motherland and proper decorum is maintained.
The Supreme Court  in its order in 2018 stated that it is not mandatory to play the anthem prior to screening featurefilms in cinema halls modifying its 2016 order.
Whenever the National Anthem is rendered, the audience should stand to attention. Persons with locomotor disabilities and physically handicapped persons are exempted from standing. Also, when the rendition is in the course of a movie or newsreel, it is not necessary to stand.
The orders also goonto state the following about singing the anthem in the case of flying thenational flag.
Any act of disrespect to the National Flag or Anthem
is a punishable offence by law
As per the Prevention of Insults to National Honour Act, any person who intentionally prevents the singing of anthem or causes disturbance to any assembly singing the anthem is liable to be punished with imprisonment of up to three years or a penalty or both.  The same punishment is applicable to those who disrespect the National Flag or Constitution of India.
The State Emblem of India
The State Emblem of India is adapted from the Sarnath Lion Capital of Amarnath. In the State Emblem, three lions on an abacus with the Dharma Chakra in the Centre, a bull on the right and a galloping horse to the left is clearly visible. The outlines of two Dharma Chakras on either end of the abacus are also seen.  The motto ‘Satyameva Jayate’ in Devanagiri script at the bottom is also a part of the emblem and translates to ‘Truth alone Triumphs’.
Only specified authorities and officials are allowed to use the seal for official purposes and on stationery. This includes President, Vice President, Prime Minister, Ministers, MPs, MLAs, and their offices, Departments, Commissions, officers and offices at both state and national level set up by an Act in the parliament. Similarly, the symbol can be displayed on cars by a few higher officials only. The emblem can be displayed in cards, stamps, advertisements, cutlery, websites, medals, currency, badges and stationery by the government only.
Time and again,the MHA issues circulars to offices urging them to use the symbol in stamps and stationery prominentlyand clearly along with the motto at the bottom.
The State Emblem of India (Prohibition of Improper Use) Act, 2005 regulates the usage of the National Symbol.  According to the Act, no one is allowed to use the symbol to mislead people into thinking that it relates to the government. Apart from not permitting the usage of the emblem for commercial purposes, the act also prohibits the usage of the symbol by people for trademark or patent. Violating this law would result in imprisonment up to two years or fine up to Rs. 5000 or both.
Featured Image: National Symbols of India

created: January 25, 2020


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Explainer: Everything you wanted to know about the ‘No-Fly’ list
Sai Krishna Muthyanolla
February 3, 2020
Comedian Kunal Kamra was recently banned by Indigo for a period of 6 months following an incident involving Arnab Goswami. Here is a low down of the rules governing such incidents.
In the aftermath of an incident onboard an Indigo flight involving Kunal Kamra and Arnab Goswami, IndiGo had announced suspension of Kunal Kamra from flying any of their flights for a period of six months.
India’sUnion Minister for Civil Aviation, Hardeep Singh Puri also tweeted in support of IndiGo airlines’ action stating that any such offensive behaviourought to be dealt with and has advised other airlines as well to take similaraction.
Followingthe minister’s tweet, other airlines like Air
India , SpiceJet and Go
Air have also announced that they are banning Kunal Kamrafrom boarding their flights until further notice.
Theincident and the action by airlines have evoked mixed response from varioussections. But, what does the law say about such incidents? Is the action ofairlines justified and will such an action stand the scrutiny of law? Here is adetailed explainer.
New
rules framed in 2017 provide for a ‘No-Fly’ list of unruly passengers
On 08 September 2017, the Ministry of Civil Aviation unveiled new rules to ‘tackle on-board disruptive and unruly behaviour by passengers’. The then civil aviation minister P.Ashok Gajapathi Raju had stated that these new rules allow for the creation of a national, ‘No-Fly list’ comprising such passengers involved in unruly behaviour.
Accordingly, changes were made to Civil Aviation Requirement (CAR) , Section 3, Series M, Part VI which relates to ‘Handling of Unruly Passengers’.
As per Civil Aviation Ministry’s statement, the revision was made according to the provisions laid out in Tokyo Convention 1963 – ‘Convention on Offences and Certain Other Acts Committed on Board Aircraft’.
Theseprovisions are applicable to – Indian operators (Domestic & International),airport operators within Indian territory, all passengers (during the durationof travel within or over India).
Unruly
behaviour categorised into 3 levels
Para 4.9 of these rules provide indicativeclauses under which behaviour of the passengers can be considered as unruly.
Any such cases of unruly behaviour by the passengers are categorised under three levels, as specified in Para 4.10 of Civil Aviation Requirement (CAR) , Section 3, Series M, Part VI.
Internal Committee to be constituted by the
airline for reviewing the complaint
Airlines are required to have a Standard Operating Procedure (SOP) which provides specifics about the role of their staff in dealing with unruly passengers at the airport as well as on-board an aircraft. In the case of unruly behaviour by a passenger, the pilot in command is required to assess the situation to check if the cabin crew can control and pacify the situation. In case this is not feasible, the Pilot in command can relay the information to the airline on ground central control.
In otherwords, the interim ban on the passenger cannot exceed 30 days while the matteris pending with the internal committee for a decision.
Duration
of the Ban
Para 8.1 providesthe duration of the ban that can be imposed on the passenger based on the levelof unruly behaviour as determined by the internal committee.  The names of such passengers will be includedin the ‘No-Fly’ list.
Furthermore, passengers can also be covered under the specifications provided in Para 7, which is related to national security. Individuals deemed to be national security threat are barred from flying. Such a list is provided by the Ministry of Home Affairs to the Director-General of Civil Aviation (DGCA). It has to be noted these names will not be part of the published ‘No-Fly’ list and hence will not be public.
‘No-Fly’ list
– a database of unruly passengers
The details of passengers who are deemed to be guilty of unruly behaviour by the Airlines internal committee need to be notified to DGCA as well as other airlines.
Suchpassengers would be part of a ‘No-Fly’ list that is maintained by the DGCA. Asper Para 6.5, the following details of the person needs to be updated in the ‘No-Fly’list
Other airlines can also ban the passengers on the ‘No-Fly’ list for a period mentioned above based on the level of offence.  In case of any subsequent offence, the person would be banned for twice the period.
Before
Kunal Kamra, only one passenger is on the ‘No-Fly’ list
As perthe available data, the name of only one passenger is on the ‘No-Fly’ list.  Responding
to a question in Lok Sabha in July 2018, the government stated that only one personhas been named in the ‘No-Fly’ list, and this was done by Jet Airways.
As per various news reports, Mumbai based businessman Birju Kishore Salla who created a Hi-jack situation aboard a Jet Airways flight is the first to be named on the list.
The
banned person can appeal against the decision
Anyperson who is included in the ‘No-Fly’ list has to be informed by the concernedairline regarding the duration of the ban along with the reason.  Such a person has the option to appeal, whichneeds to be done within 60 days of the issue of the ban order.
The appeal can be made to an Appellate Committee which is constituted by the Ministry of Civil Aviation. The committee consists of the following individuals.
Thedecision made by the Appellate Committee is final and any further appeal can bemade in a high court.
Has IndiGo complied with these rules in banning
Kunal Kamra?
Within a few hours of the incident’s video being shared on social media, IndiGo announced 6 months ban on Kunal Kamra via twitter. Multiple questions about Indigo’s compliance with the above-mentioned rules remain unanswered.
As per the guidelines, only an internal committee can recommend a ban up to 6 months based on the level of offence. In the meantime, the airline can only ban an individual for a maximum period of 30 days. However, Indigo announced a ban of 6 months which prima facie appears to be in violation of the rules.
Furthermore, the incident seems to be a case of level -1 category i.e. Verbal harassment and entails a ban of up to 3 months only. But Indigo announced a 6-month ban which is reserved a level-2 offence.
While there are these questions around the actiontaken by IndiGo, there are also questions around the ban announced by otherairlines.
In a story by Huff Post India, the Director-General of DGCA reportedly stated that the ban is in clear violation of rules. However, DGCA countered this version and issued a clarification stating that he has been misquoted.
The clarification issued by DGCA however, does notspecify, which facts stated by DGCA have been misquoted by HuffPost. Althoughthe clarification states that the matter is to be referred to the internalcommittee who would need to give the final decision in 30 days, it states thatthe action taken by the airlines is in ‘complete consonance’ with CAR. Thisdoesn’t seem to be the case if one goes by the rules.
There are also reports that the pilot of the aircraft where this incident took place has expressed his dissatisfaction and said that the behaviour doesn’t deserve a ban. In another development, Kunal Kamra tweeted that he sent a legal notice to Indigo against the travel ban and also demanded compensation. The outcome of these developments will only be clear in the days to come.
Factly tried contacting DGCA & the Ministry ofCivil Aviation for clarification. The story will be updated when there is aresponse.

created: February 3, 2020


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Has Insolvency and Bankruptcy Code (IBC) improved debt recovery?
Sai Krishna Muthyanolla
May 21, 2020
NPAs and wilful defaulters is an on-going debate in the country. The Insolvency and Bankruptcy Code (IBC) was supposed to improve the debt recovery process, of especially the insolvent & bankrupt businesses. What is this code and what has been the experience with the code?
In the wake of COVID-19, various relief measures for the corporate sector were announced including giving relief to companies defaulting on loans due to the COVID-19 stress. The Finance Minister has also announced that no fresh insolvency will be initiated for one year under the Insolvency and Bankruptcy Code (IBC). Furthermore, minimum threshold to initiative insolvency proceeding has been raised to Rs 1 crore from Rs 1 lakh to benefit MSMEs. Also, coronavirus-related debt will be excluded from definition of default.
In the light of these announcements, let’s take a look at the Insolvency and Bankruptcy Code. The Insolvency and Bankruptcy Code (IBC) 2016 is a comprehensive corporate insolvency framework. The insolvency resolution process in India has in the past involved the simultaneous operation of several statutory instruments. The IBC in that sense is a game changer in the resolution of Non-Performing Assets (NPAs) because it provides a framework for time-bound insolvency resolution with the objective of promoting entrepreneurship and availability of credit while balancing the interests of all stakeholders.
What is Insolvency & Bankruptcy?
Insolvency is the inability to pay debts when they are due. There are solutions for resolving insolvency, including borrowing money or increasing income so that you can pay off debt. One could negotiate a debt payment or settlement plan with creditors. Bankruptcy is usually a final alternative when other attempts to clear debt fail. While insolvency is a state of economic distress, bankruptcy is a court order that decides how an insolvent debtor will deal with unpaid obligations. That usually involves selling assets to pay the creditors and erasing debts that can’t be paid.
An individual or company can be insolvent without being bankrupt — especially if the insolvency is temporary and correctable — but not the opposite.
In case of loan defaulters, the creditors (including a bank) can decide to start the process of debt resolution under the IBC framework. For instance, in August 2017, Reserve Bank of India (RBI) has sent commercial banks a second list of at least 26 defaulters with which it wants creditors to start the process of debt resolution before initiating bankruptcy proceedings
Framework of IBC
The Code applies to companies and individuals and provides for a time-bound process to resolve insolvency. When a default in repayment occurs, creditors gain control over debtor’s assets and must take decisions to resolve insolvency within a 180-day period. In cases where bank is the creditor, the banks now have the discretion in taking the defaulting companies to National Company Law Tribunal (NCLT) under Insolvency and Bankruptcy Code (IBC).
What is the procedure under the Code?
Initiation: When a default occurs, the resolution process may be initiated by the debtor or creditor. The insolvency professional administers the process. The professional provides financial information of the debtor from the information utilities to the creditor and manage the debtor’s assets. This process lasts for 180 days and any legal action against the debtor is prohibited during this period.
Decision to resolve insolvency: A committee consisting of the financial creditors who lent money to the debtor will be formed by the insolvency professional. The creditors committee will take a decision regarding the future of the outstanding debt owed to them.  They may choose to revive the debt owed to them by changing the repayment schedule or sell (liquidate) the assets of the debtor to repay the debts owed to them.  If a decision is not taken in 180 days, the debtor’s assets go into liquidation.
Liquidation: If the debtor goes into liquidation, an insolvency professional administers the liquidation process. Proceeds from the sale of the debtor’s assets are distributed in the following order of precedence:
Impact of IBC
Since its inception in 2014, IBC has resolved 221 cases and achieved 44% recovery. According to RBI reports, around half of the claims under the IBC were settled in 2018-19 and the statistics for the past decade show that the experience with IBC has been encouraging. The average recovery through mechanisms that existed before IBC viz., the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act, Debt Recovery Tribunals (DRTs) and Lok Adalats has been declining over the years. The average recovery through IBC is greater than these mechanisms and is also improving gradually, pointing to the need and efficiency of such a channel.
Reflecting this, India’s insolvency resolution score and recovery rate improved substantially in the World Bank’s Ease of Doing Business Index 2019, after the introduction of IBC, 2016.
Featured Image: Insolvency and Bankruptcy Code


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Explainer: Here are the detailed guidelines of the ‘PM-CARES for children’ scheme
Sai Krishna Muthyanolla
October 18, 2021
The government recently issued detailed guidelines of the ‘PM-Cares for Children’ scheme aimed at supporting children who lost both their parents or caretakers to the COVID-19 pandemic. The support would include assistance for boarding and lodging, education, health insurance, and financial support. Here are the details.
In May 2021, the Union Government launched the PM-Cares for Children Scheme to support children who lost both their parents or caretakers to the COVID-19 pandemic. The detailed guidelines for the scheme were issued recently. According to these guidelines, the objective of the scheme is to ensure comprehensive care and protection of children who lost their parent(s) to the COVID-19 pandemic, enable their wellbeing through health insurance, empower them through education and equip them for self-sufficient existence with financial support on reaching 23 years of age. The scheme extends support to these children by gap funding for ensuring education, health, monthly stipend from the age of 18 years, and lump sum amount of Rs. 10 lakhs on attaining 23 years of age.
Children who lost their caretakers to the pandemic are eligible
All those children who lost both parents or the surviving parent or legal guardian/adoptive parents/single adoptive parent due to the COVID-19 pandemic starting from 11 March 2020 (the date on which WHO declared COVID-19 as pandemic) till 31 December 2021 are eligible to avail the benefits of the scheme. The child must not have completed 18 years of age on the date of death of parents. The eligible children should be enrolled between 29 May 2021 and 31 December 2021 to avail benefits of this scheme. The scheme is expected to continue till the time when every identified beneficiary shall turn 23 years of age.
Support to children covering their health, education, and accommodation
Under the scheme, the children are given support for boarding and lodging, assistance for education, health insurance, and financial support. Details of the support extended under each of the heads for different age groups is explained below.
Support for boarding & lodging:
Efforts to be made to ensure that siblings stay together. Financial support under Child Protection Services (CPS) Scheme shall be provided to Children (in account with guardian) for non-institutional care. If the child is in institutional care, a maintenance grant will be provided under the CPS Scheme to the Childcare institutions. Support under State schemes will also be provided.
Assistance for Pre-school & School Education:
Only under circumstances where the child is unable to receive the above benefits, the fee will be paid from the PM-CARES for Children scheme as per Right to Education (RTE) norms. The scheme will also pay for the expenditure on uniforms, textbooks, stationary, and notebooks for all students, irrespective of age.
Assistance for Higher Education:
For higher education, assistance will be provided to the child for obtaining education loan for Professional courses /Higher Education in India. Interest for education loan will be paid from PM-CARES for Children Scheme if the child is unable to avail interest exemption under existent schemes. Children are also eligible for scholarships being provided under schemes of other ministries.
Health Insurance:
Each child will be enrolled as a beneficiary under Ayushman Bharat Scheme (PM-JAY) with a health insurance cover of Rs. 5 lakhs. The cover under the scheme includes all expenses incurred on medical examination, treatment, and consultation, medicine and medical consumables, non-intensive and intensive care services, post-hospitalization follow-up care up to 15 days, among others.
Financial Support
Corpus fund of up to Rs. 10 lakhs for each child will be created, depending on the age of the child through upfront investment. This corpus will be utilized for providing a monthly stipend to the child once they attain 18 years. The child will receive a monthly stipend for five years starting from 18 years. And upon turning 23, they will be given the corpus amount of Rs. 10 lakhs as one lump sum for personal and professional use.
Ministry of Women & Child Development is the central nodal ministry for the execution of the scheme
The nodal ministry for the execution of the scheme is the Union Ministry of Women and Child Development. The functions of the ministry are to implement the scheme, coordinate with other nodal agencies, provide guidance, manage the online portal containing beneficiary details, and release & transfer funds. However, other related ministries/departments will also be involved in the implementation such as the Ministry of Health & Family Welfare, Department of Economic Affairs, Ministry of Social Justice & Employment, and others.
The District Magistrate acts as the guardian of the children under the scheme
While the Department of State/UT government dealing with Juvenile Justice will be the nodal agency at the State level, the District Magistrates will be the nodal authority at the district level. The State agencies supervise the activities of the district-level agencies, coordinate between departments to ensure delivery of services to children, and facilitate the inter-state transfer of students for education, sports, professional reasons, etc. The District Magistrate acts as the guardian of the children under the scheme. Other responsibilities of the district magistrate include identification, registration, and verification of beneficiaries, opening accounts for the children, and transfer of corpus funds to the eligible accounts.
845 children have been identified to avail benefits under the scheme
According to the latest news reports, a total of 845 COVID-19 orphans were identified and approved for receiving benefits under the PM-CARES For Children Scheme as of 05 October 2021. Ever since the dedicated scheme portal was launched in May 2021, a total of 3,915 applications were submitted by citizens, of which 845 were selected as of 05 October 2021. The applications may be sent up to 31 December 2021.
Those of you who know of children orphaned due to COVID-19 can go ahead and register on the dedicated portal.
Featured Image: PM-CARES for children

created: October 18, 2021


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Here are Minimum Essential Amenities to be provided at Railway Stations
Sai Krishna Muthyanolla
April 19, 2021
The Indian Railways issued new guidelines in 2018 specifying the type of amenities to be provided at various stations based on their category. The stations have been categorized based on passenger volume & earnings while the amenities to be provided have been classified as minimum essential, recommended & desired. Here is an explainer.
The Indian Railways carries over 2.3 crore passengers and over 30 lakh tonnes of freight every day. It is a system that consists of 66,030 route km of track spanning the country. In order to cater to the needs of such a huge number of passengers and to keep up with their aspirations and expectations, and considering the advancement in science and technology, the Indian Railways provides various facilities, both in trains and at the railway stations.
Since railway stations are the first point of contact between passengers and Railways, adequacy, quality, and maintenance of facilities is given due importance. It was in 1952 that the Railways issued a set of guidelines with regard to passenger amenities for the first time. Comprehensive instructions on the provision of passenger amenities in railway stations were notified in 2018, the latest such guidelines in this regard.
Railway stations have been classified on the basis of Passenger Volume and Earnings
All railway stations in the country have been broadly classified into three categories in order to prioritize the provisioning of passenger amenities. These are Suburban stations, Non-Suburban stations, and Halt stations. This categorization is done on the basis of passenger earnings from both reserved and unreserved passengers, and the volume of passengers handled at stations and is reviewed every five years. Other parameters that determine the availability of amenities are the special characteristics of the station such as those with tourist/religious importance, and availability of funds.
Suburban stations are further categorized into 3- SG-1, SG-2, and SG-3. Non-Suburban stations are categorized into 6- NSG-1, NSG-2, NSG-3, NSG-4, NSG-5, and NSG-6. Likewise, Halt stations are categorized into HG-1, HG-2, and HG-3. The criteria of proposed earnings and proposed outward passengers handled for classification is summarized in the following flowchart.
About half the railway stations in India fall under Non-Suburban grade category
There are a total of 8738 railway stations that have been classified as per the above criteria. 5,905 stations fall under the Non-Suburban grade category of which 4238 stations (nearly 49% of the total) are NSG-6 type stations and each of these stations has passenger earnings up to Rs. 1 crore. Under the category of Suburban grade, there are more than 500 stations. The remaining around 2300 stations are of Halt Grade. Details are in the following table.
Passenger amenities to be provided have been classified into three
Passenger amenities have been classified into three categories- Minimum Essential Amenities (MEA), Recommended Amenities, and Desirable Amenities. It is mandatory that a list of MEA required, the actual available amenities and other amenities available in a particular station be displayed in the Station Master/Manager’s room.
MEA consists of the certain minimum amenities that must be provided in each category of stations. These include drinking water arrangements, waiting hall/shed, seating arrangements, platforms, shelters/shady trees, lighting, foot over bridge, and dustbins in HG stations. Clocks and timetable display is not mandatory in HG-2 and HG-3 stations. In addition to all these requirements, urinals, latrines, electronic train indicator boards, and computer-based announcements are mandatory in SG stations. Water coolers should be available in SG-1 and SG-2 stations. Booking facilities, standardized signage, and parking and circulatory area with lights are required in NSG stations. Electronic train indicator boards are not mandatory in NSG-4, NSG-5, and NSG-6 while signage is not mandatory in NSG-5 and NSG-6. The guidelines have also laid down the requirement for the number of taps, area of the hall, and other specifications with regards to the mandatory amenities in each category and subcategory of stations.
Recommended amenities are to ensure that the scale of provision of amenities is in accordance with the passenger traffic
Sometimes, the amenities under the MEA list may not be on par with the passenger load at the stations, and hence augmentation of these amenities may be required, known as ‘Recommended Amenities’. The specifications given under MEA are altered as per the recommended scale of provision calculated by taking into consideration, the average number of passengers and the number of trains dealt with in any interval of half an hour at the station. For instance, as per norms of MEA, the number of drinking water taps in each of NSG-1, NSG-2, NSG-3, and NSG-4, is 20, 8 in NSG-5, and 2 in NSG-6. However, under recommended amenities, the number of taps is calculated on the basis of the maximum number of passengers that may be in the station in a duration of half-hour. Additional amenities that are part of the recommended list include bathrooms, IVRS, coach indication boards, nursing cubicles, insect catchers, and mobile charging points. The decision in most cases lies with the Zonal Railways.
Desired amenities are to improve passenger satisfaction
Desired amenities are those which, if available, will help in increasing passenger satisfaction. The quantum of these amenities would depend upon the category of the station. Retiring rooms, waiting rooms for the upper class and 2nd class, bookstalls, and other stalls, water vending machines, escalators and travellators, catering stalls, cyber cafes, ATMs, Automatic Vending Machines, AC VIP Lounge, CCTV, pre-paid taxi service, Wi-Fi, bus type shelter, and wheelchair ramps are the examples of desirable amenities. Just like in other cases, the majority of these amenities are approved for NSG stations, and least for halt stations.
Zonal Railways must conduct survey of available amenities
The Zonal Railways has to carry out a survey of available amenities at each station under it, based on which the list of amenities – essential, recommended, and desirable, is prepared for each station. The master plan of each station should have the list of amenities required. It is part of the ‘Divisional Action plans’ as well the ‘General Action Plan’. Priority is given to the higher category stations and low-cost amenities should be taken up on priority.
Special amenities are provided to persons with disabilities
As per the existing guidelines, special amenities are also to be provided for people with disabilities or ‘Divyangs’ to provide better accessibility. The following are the short-term facilities that have to be provided at all stations:
Besides providing such amenities, it is also necessary that these are well-maintained and functional throughout the day. Maintenance staff will have to carry out repairs as soon as the station master informs them. Constant monitoring and ensuring cleanliness and hygiene is also a must.
Railways has taken measures to ensure cleanliness of stations
To ensure the cleanliness of stations, Railways should spread awareness about the need to keep station premises clean. Those who are found littering, spitting, or defecating in inappropriate places on the railway premises should be penalized. Furthermore, ‘Swachh Rail, Swachh Bharat’ was launched in 2014 with the objective to enroute the cleaning of trains. Few other government measures are ranking of A1 and A classes of stations on a regular periodic basis, setting up waste segregation and recycling centres , and the Clean Train Stations scheme.
Underutilization of funds and increase in complaints observed in the Standing Committee report
It is mandatory & important that the Indian Railways provide certain basic facilities for the passengers such as safe drinking water, clean toilets, proper lighting, etc. at the stations. These also are maintained properly ensuring cleanliness and hygiene. However, a recent standing committee report highlighted the underutilization of funds by the railways on passenger amenities. It was also observed that there was a steep increase in the number of zone-wise complaints about passenger amenities in the last few years.
Featured Image: Minimum Essential Amenities at Railway Stations


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Here is all about new RBI guidelines about ‘Safe Deposit Lockers’ in Banks
Sai Krishna Muthyanolla
August 23, 2021
Following the Supreme Court’s directions in February 2021, the RBI recently issued revised instructions to banks regarding the Safe Deposit Lockers. The new set of instructions are comprehensive and supersede the 2007 instructions. Here is a review.
Following the Supreme Court’s order in February 2021, the Reserve Bank of India (RBI) issued revised instructions on 18 August 2021, regarding safe deposit locker and safe custody article facility provided by banks. These instructions shall come into force with effect from 2022. The new guidelines have been issued taking into consideration the various developments in banking and technology, the nature of consumer grievances and the feedback received from banks and the Indian Banks’ Association (IBA). The rules will be applicable to both new and existing safe deposit lockers and the safe custody of articles facility with the banks.
In February 2021, the SC directed RBI to issue regulations concerning locker facility management
In Amitabha Dasgupta Vs. United Bank of India, the Supreme Court bench, on 19 February 2021, directed the RBI (RBI) to lay down regulations within six months mandating the steps to be taken by banks with respect to locker facility and safe deposit facility management. The bench expressed how the rapid advent of technology resulted in the transition from dual key-operated lockers to electronically operated lockers. It noted the possibility that miscreants may manipulate the technologies used in these systems to gain access to the lockers without the customers’ knowledge or consent and the customer is completely at the mercy of bank. In view of this, the SC bench asked RBI to issue regulations and rules with respect to the responsibility owed by banks for any loss or damage to the contents of the locker.
The revised instructions have been issued superseding the circular on the same issue issued by the RBI in 2007. The latest set of instructions are more comprehensive and detailed, unlike the erstwhile norms which were more generic. Further, the new norms also lay down guidelines pertaining to the use of technology. We explore some of the major issues addressed by the new set of instructions in this story.
Allotment of lockers
Existing customers of a bank and those customers who do not have a banking relationship with the bank who are in full compliance with the criteria under Know Your Customer (KYC) Directions may be given the safe deposit locker facility. Banks should carry out due diligence for all the customers who have applied for a locker. The due diligence shall be carried out for all the customers irrespective of their risk category, in contrast to the 2007 norms.
A branch-wise list of vacant lockers as well as a waitlist in Core Banking System (CBS) or any other computerized system compliant with Cyber Security Framework issued by RBI should be maintained by banks for allotment of lockers and transparency must be ensured in the process. All applications received for allotment of locker should be acknowledged and given a waitlist number, as mentioned in the erstwhile 2007 guidelines.
Locker Agreement
Banks must adopt a model locker agreement to be framed by IBA (Indian Banks Association) and ensure that any unfair terms or conditions are not incorporated in their locker agreements. The locker agreements with existing locker customers should be renewed by 2023. Banks have been asked to incorporate a clause in the locker agreement that the locker-hirer/s shall not keep anything illegal or any hazardous substance in the Safe Deposit locker. In case a bank has suspicions about the deposit of illegal or hazardous substances in the locker by a customer, banks can take appropriate action against the customer. A duplicate copy of the agreement entered on a duly stamped paper signed by both the parties must be provided to the customer to inform them of their rights and responsibilities while the original agreement is retained with the bank.
Locker Rent
To ensure prompt payment of locker rent, banks are permitted to take a ‘Term Deposit’, at the time of allotment of the locker. The ‘Term Deposit’ would cover three years’ rent and the charges for breaking open the locker in case of such eventuality. Banks cannot insist on ‘Term Deposits’ from the existing locker holders or those who have a satisfactory operative account.  A proportionate amount of rent collected in advance must be refunded to the customer when they surrender the locker key. In the 2007 norms, the deposit was referred to as Fixed Deposit. Apart from this, no change in the regulation has been made.
In case of merger/closure/shifting of the branch which requires physical relocation of the lockers, the bank should give public notice in two newspapers including a local daily in vernacular language. The customers should be informed at least two months in advance and be given options to change or close the facility. However, in case of unplanned shifting due to natural calamities or any emergency, banks should try to intimate their customers at the earliest.
Security of the Locker
While the earlier norms briefly touched upon the security measures, the latest guidelines provide detailed guidance. It advises banks to conduct a risk assessment of ‘accessibility to locker without the customer’. It specifies the installation of CCTVs and ‘Access Control Systems’ for stronger security. The recordings of the CCTV camera should be preserved for 180 days.
With respect to accessing the locker, banks should send an email and SMS alert to the registered email ID and mobile number of the customer before the end of the day as a positive confirmation intimating the date and time of the locker operation and the redressal mechanism available in case of unauthorized locker access. Also, the custodian of the locker room should carry out a physical check of the locker room at the end of the day to ensure that lockers are properly closed and that no person is trapped in the locker room after banking hours
Settlement of Claims
While the procedure for nomination and settlement of claims continues to remain the same, the new norms have mandated that settlement of claims in case of death of customer should take place within 15 days from receipt of claim and submission of requisite documents. The details of claims should be reported to the Customer Service Committee which shall review the claims.
The revised norms clearly specify the circumstances under which the locker can be broken open. Earlier, banks were asked to have a clear procedure drawn up.  If the locker remains inoperative for a period of seven years and the locker-hirer cannot be located, even if rent is being paid regularly, the bank can transfer the contents of the locker to their nominees/legal heir or dispose of the articles in a transparent manner.
Compensation and Liability of Banks
The responsibility of the bank in this aspect includes ensuring proper functioning of the locker system, guarding against unauthorized access to the lockers and providing appropriate safeguards against theft and robbery. Banks should abide by the ‘Master Directions on Frauds’ for reporting requirements about the instances of robberies, dacoities, thefts and burglaries.
Further, Banks are not liable for any damage or loss of contents of locker arising from natural calamities or ‘Acts of God’ like earthquake, floods, lightning and thunderstorm or any act that is attributable to the sole fault or negligence of the customer. However, banks should take measures to protect the area from catastrophes. On the other hand, the liability of the bank has been limited to 100 times its annual rent in case of fire, theft, frauds by employees, or building collapse. Banks should not offer any insurance product to their locker hirers for insurance of locker contents.
Exclusive data on theft/robbery from bank lockers is not maintained by RBI
According to a parliament response in August 2018, between 01 April 2015 and 31 July 2018, a total of 43 cases of theft took place in the lockers of Public Sector Banks (PSBs).  the approximate amount of loss for customers was Rs. 16.8 crores. According to another response in August 2021,  the number of cases of dacoity and theft from lockers in branches of nationalized banks had decreased from five cases reported during 2018-19 to one case each reported during 2019-20 and 2020-21. However, responses also state that the RBI does not maintain data on robberies in the bank lockers exclusively. However, Banks report all instances of theft/burglaries/dacoity/robberies to RBI which includes robbery/theft in branches, ATMs, theft from bank lockers etc.
Locker services are also provided by the private sector
As per the provisions of the Banking Regulation Act, 1949, a private banking company may engage in providing safe deposit vaults. The above discussed revised norms are applicable to all Scheduled Commercial Banks (including RRBs), Co-operative Banks, Small Finance Banks, Payments Banks, and Local Area Banks. In other words, these guidelines would also be applicable to private sector banks.
As per a 2019 Lok Sabha response, the Income Tax Department made seizures of black money worth Rs. 762 crores in 2014-15, Rs. 712 crores in 2015-16, Rs. 1,470 crores in 2016-17, and Rs. 993 crores in 2017-18 from bank lockers.
Featured Image: Safe Deposit Lockers,


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Here is all you need to know about the newly designed Censor Certificate
Sai Krishna Muthyanolla
March 4, 2020
The CBFC or the Censor board has recently unveiled a new design of the censor certificate. But what is new about this certificate? Here is a detailed explainer.
Of late, have you observed anything different in the CBFCcertificate (censor certificate) displayed before the movie? If not, payattention at the theatres next time. The Central Board of FilmCertification (CBFC) has introduced a
new design of the censor certificate.
But how is the certification done, what the guidelines are and how is the new certificate different? Here is a detailed explainer.
Cinema has a strong impact on society and individuals. Some content may not be relevant to all types of audiences. Moreover, the impression created on a child’s mind by certain type of content must also be considered. Thus, it is necessary for a body like the CBFC to preview the content and accord a relevant certificate. The certificate decides who all can watch the movie and whether the movie could be open for universal public viewing.
Cinematograph Act, 1952 constituted the Central Board
of Film Certification
The CBFC, which is commonly referred to as the ‘Censor Board’ is constituted under the Cinematograph Act, 1952. The guidelines for certifying movies are provided in this act and in the Cinematograph (Certification) Rules, 1983. These guidelines are revised from time to time.
Initially, only two categories were listed- ‘U’ for unrestricted public exhibition and ‘A’ for exhibition restricted to an adult audience, that is, those above 18 years of age. Later, in June 1983, two more categories were added- ‘UA’ which called for parental guidance for children below 12 years of age and ‘S’ for exhibition restricted to specialized audiences such as doctors and scientists.
CBFC must ensure that no offensive content is present
in the movie
As per the Cinematograph act, a movie must not be certified by the boardif any part of it is against the interest of sovereignty and integrity ofIndia, security of the State, friendly relations with foreign States, publicorder, decency or involves defamation or contempt of court or is likely toincite commission of any offence.
As per the act & relevant rules, CBFC must also ensure that the film is sensitive to values and standards of society. The medium of film must provide clean and healthy entertainment. Artistic expression and creative freedom should not be unduly curbed and antisocial activities must not be glorified or justified in the movies- be it alcohol consumption or smoking. Scenes involving sexual violence against women including rape, attempt to rape, or molestation must be avoided or should be reduced to a minimum. Making fun of physically and mentally challenged persons must also be avoided. Visuals or words which promote communal, obscurantist, anti-scientific and anti-national attitude should not be presented.
Not only movies but the material used for publicity such as trailers and posters should also be previewed by the board. Even the video and CD versions of film require certification. Only certified movies can be screened in theatres and be shown on cable TV.
Time limit for the whole process of certification is 68 days
In order to get a movie certified for public exhibition, the applicantmust submit a form, fees, requisite documents and film material to concernedregional centre of CBFC. The process is now made simpler and the applicationcan be submitted online along with the requisite fees.
An examining committee is then set up with a CBFC member and an advisorypanel member, either of whom shall be a woman, for short films. For featurefilms, a committee of four members is set up with at least two women. Allmembers submit their reports to the chairperson after previewing the movie whomay refer it to a revision committee on his own or as per the applicant’srequest. It is the duty of the applicant to make the edits if any as suggestedby CBFC. In case the applicant is not satisfied with the board’s order, theycan appeal to Film Certification Appellate Tribunal. The Cinematograph rulesprescribe 68 days for the whole process.
New logo and film certificate were unveiled in August
2019
On 31 August
2019, the new logo of CBFC and the new designof the film certificate were unveiled. The chairman of the board, PrasoonJoshi, who is also an eminent lyricist stated that the new certificate had tobe interactive and should reflect the modern digital world. The implementationof the new certificate design across the nine regional offices of the board wasannounced on 9 January 2020 through
a press release. The new logo of CBFC unveiled in August2019 is given below.
Certificate
must be shown for a minimum 10 seconds before the film is screened
Thefollowing information is given on the certificate issued by the CBFC.
Thecertificate may also contain a triangle symbol which indicates that certainedits (cuts) were made to the movie. This symbol is absent for those movieswhere no edits are made.
All thisinformation is available in Part-1 of the certificate. Part-2 of the certificateis usually available only for movies with suggested cuts or edits. It ismandatory that part-1 of the certificate be shown on screen for at least 10seconds before the movie is screened. Both parts of the certificate must alsobe displayed prominently in the theatre lobby.
New certificate comes with a QR code that redirects
users to CBFC website
The new certificate is simple, user-friendly, and more visually appealing. Unlike the old certificate, the new one comes with a QR code which the audience can scan using their smartphones to get more details on basic certification of the movie in the CBFC’s website. If a triangle is present near the QR code, it indicates a suggestion of cuts to the movie.
Thefollowing is the sample
certificate of the Hindi dubbed version of RobertDowney Jr.’s movie Dolittle, as given in the board’s website. This movie,however, did not have any cuts.
The basic certification details on the website include the film name, language, duration, applicant name (who applied for certification), producers, name of the signatory (here, Prasoon Joshi), and name of EO (Examining officer) or PO (Presiding Officer) as explained earlier.
Below is the new certificate of a Telugu moviereleased recently. Edits (cuts) were suggested to this movie and hence one seesa triangle symbol on the certificate.
Further, one gets access to three more links-
Apart from this, one also has the option to check out allthe edits (cuts) made in the movie or from its trailer as per the censorboard’s orders.
All these details can also be accessed from the CBFCwebsite’s search
section.
Violation of rules can be reported
Penal enforcement of the provisions of the Cinematograph act falls under the purview of State. However, at times, it is possible that some forms of violation go unchecked. To tackle this problem, the board has empowered the audience to report violations of film certification rules directly to the CEO of CBFC. The list of violations is also available on the website. A few instances of violation include exhibition of a movie to those restricted, insertion of scenes which were banned, or even screening of scenes that were not shown to the board at the time of preview. The penalty for violation involves a fine and/or imprisonment based on the offence.