“I’ve been making a list of the things they don’t teach you at school. They don’t teach you how to love somebody. They don’t teach you how to be famous. They don’t teach you how to be rich or how to be poor. They don’t teach you how to walk away from someone you don’t love any longer. They don’t teach you how to know what’s going on in someone else’s mind. They don’t teach you what to say to someone who’s dying. They don’t teach you anything worth knowing.”
― Neil Gaiman,
The greatest disease in the West today is not TB or leprosy; it is being unwanted, unloved, and uncared for. We can cure physical diseases with medicine, but the only cure for loneliness, despair, and hopelessness is love. There are many in the world who are dying for a piece of bread but there are many more dying for a little love. The poverty in the West is a different kind of poverty — it is not only a poverty of loneliness but also of spirituality. There’s a hunger for love, as there is a hunger for God. As Mother Teresa said in A simple path
“Poverty” is the worst form of violence”, said Mahatma Gandhi. Over the years, poverty has proved to be the biggest hurdle in the way of success of India’s development. Poverty is that condition in which a person fails to not only fulfil his basic physiological needs, but also fails to protect himself from diseases, get balanced nutrition, maintain good health etc.
In simple terms, a person in order to survive should have proper food, clothing, shelter, health care and education. Thus, poverty refers to a person failing to acquire these minimum levels of subsistence and in turn suffer from starvation, malnutrition, and diseases.
Poverty has been an inevitable problem since the time immemorial. From late 19th century through early 20th century, under British colonial rule, poverty in India intensified, peaking in 1920’s. Over this period, the colonial government, de-industrialised India by reducing garments and other finished products’ manufacturing by artisans in India.
They instead imported these from Britain. These colonial policies moved unemployed artisans into farming and transformed India as a region increasingly abundant in land, unskilled labour and low productivity, capital and knowledge. Moreover famines and diseases killed millions each time.
Recently, in 2013, the Indian Government stated 21.9% of its population is below official poverty limit. In other words, India with 17.5% of world’s total population, had 20.6% share of world’s poorest in 2013. A large proportion of poor people live in rural areas. Poverty is deepest among members of scheduled castes and tribes in the country’s rural areas.
On the map of India, the poorest areas are in parts of Rajasthan, Madhya Pradesh, Uttar Pradesh, Bihar, Jharkhand, Odisha, Chhattisgarh and West Bengal. In fact, the story of our prolonged poverty and tyranny attached has got so much fame that a , foreign director (Danny Boyle) produced a whole movie on the issue. This movie is Slumdog Millionaire which got worldwide acclamation through Oscar Awards.
Statistics reveals that economic prosperity has indeed been very impressive in India, but it is the distribution of wealth that has been uneven and has caused the grave problem of poverty. Other major causes of poverty are illiteracy along with uncontrolled population growth, unemployment and under-employment, dependence on agriculture, caste system and corruption. The causes of rural poverty are manifold including inadequate and ineffective implementation of anti-poverty programmes.
The over-dependence on monsoon with non-availability of irrigational facilities often results in crop-failure and low agricultural productivity forcing farmers in the debt-traps. The children of poor families are forced to take up jobs at a tender age to fend for their large families, thus are not only deprived of their childhood but education too adding to the illiterate bulk of the country.
Central grants for programmes like Indira Awas Yojana and others, which was aimed at providing housing to the poor, have been utter failures due to lack of proper implementation. Massive transfer of ‘Black Money’ overseas and under-utilisation of foreign aid have also contributed to the deepening of poverty in India. Nelson Mandela once quoted:
“Like Slavery and Apartheid, poverty is not natural. It is man-made and it can be overcome and eradicated by the actions of human beings”.
Interestingly, the incidence of rural poverty has declined somewhat in the past years as a result of rural to urban migration. In order to combat the grave problem of poverty, first and foremost, there should be a strict check on population increase. Creation of employment opportunities, spread of education, elimination of black money, decentralisation of planning, helping women and youth to become self-reliant are some other ways to combat this problem. Empowering the weaker and backward section of society is also expected to contribute to the alleviation of poverty. It is not due to lack of resources or technical assistance that we are failing in achieving our goals but more so due to lack of execution of these plans and programmes.
“In a country well governed, poverty is something to be ashamed of. In a country badly governed, wealth is something to be ashamed of.”
Illiteracy describes the inability to read and/or write. Because of the problem of unemployment and poverty, children have no chance of proper education. Many people remain illiterate because of physical or mental disabilities. Other social evils like the caste system and gender inequalities also cause illiteracy. One of the leading causes of crime is illiteracy.
Most illiterate people are unaware of the advantages of maintaining cleanliness and hygiene. Illiterates have difficulty in getting a good job and earning. Overpopulation is a massive increase in the number of people and is causing by some factors.
The only and best way to eliminate illiteracy from society is education. The government should take steps to promote free education for the backward class of society in government schools. The government is also looking at the fact that people receive fair pay for their work.
Illiteracy in India has, since long before independence, been regarded as an obstacle to development. It is commonly believed that without substantially eliminating illiteracy, India cannot become a cohesive nation and give to all its citizens the quality of life they have long yearned for. No wonder that education in general and literacy in particular have been accorded a high priority in the country’s development process. How is literacy defined? Who is literate? One who can read and write some language is ‘literate’.
UNESCO has defined a literate person as “one who can with understanding both read and writes a short simple statement on his everyday life”. Following UNESCO, the Census Commission in India in 1991 also defined ‘literate’ person as one who can read and write “with understanding” in any Indian language, and not merely read and write. Those who can read but cannot write are not literate. Formal education in a school is not necessary for a person to be considered as literate.
In a resolution on National Policy on Education adopted in 1968, radical reconstruction of education was proposed so that it involved:
(i) A transformation of the system to relate it more closely to the life of the people,
(ii) A continuous effort to expand educational opportunity,
(iii) A sustained effort to raise the quality of education at all stages,
(iv) An emphasis on the development of science and technology, and
(v) Cultivation of moral and social values.
In 1986, stress was laid on the educational policy and the provision of equal opportunities of education to all classes was emphasized. There has been some progress in the field of education since the 1950s. The number of recognized primary and middle schools has increased more than three times (that is, from 2.23 lakh in 1951 to 6.94 lakh in 1989-90).
The enrolment of students in the primary and middle schools has increased by about five times (that is, from 22.27 million to 107.31 million) in the same period (India, 1992: 83) A little more than a three-fold increase has also been registered in the total number of literates, that is, from 16.7 per cent of the total population in 1951 to 52.11 per cent in 1991.
The literacy rate in India in different years was found as: 1901:5.3 percent, 1921:7.2 percent, 1941:16.1 percent, 1961:24.0 per cent, 1981:36.2 per cent, and 1991:52.1 per cent. Among males, the literacy rate increased from 9.8 per cent in 1901 to 12.2 per cent in 1921, 24.9 per cent in 1941, 34.4 per cent in 1961, 46.9 per cent in 1981, and 63.8 per cent in 1991; while among females it rose from 0.6 per cent in 1901 to 1.8 per cent in 1921, 7.3 percent in 1941, 13.0 percent in 1961, 24.8 per cent in 1981 and 39.4 per cent in 1991 (literacy rates relate to population aged seven years and above in 1991 but to the total population of the country up to 1981) (The Hindustan Times, March 26, 1991 and Frontline, April 27-May 10, 1991).
If the old definition of the literacy is adopted and the entire population considered, the literacy rate was 42.94 per cent for 1991 compared to 36.23 per cent in 1981 and 29.48 per cent in 1971. Together with the quantitative expansion of education facilities, there is now a greater emphasis on the qualitative aspect as well. Before 1976, education was exclusively the responsibility of the states, the central government being concerned only with the coordination and determination of standards in technical and higher education.
In 1976, through a constitutional amendment, education became the joint responsibility of both the Centre and the states. Determined efforts are now being made to achieve the goal of universal elementary education and eradication of illiteracy in the age group 15-35 by the end of the century. On one hand, community participation has been planned, and on the other hand, a programme named “Operation Blackboard” has been implemented to provide the basic amenities in education in primary schools.
Non-formal education and open learning systems are being encouraged at all levels. However, in the field of removing illiteracy in the country, not much progress could be made an account of its huge population. This is evident from the vast magnitude of illiterate persons still found in the country.
“The man who reads nothing at all is better educated than the man who reads nothing but newspapers.”
Thus to meet the need of 21st century , School education System is to convert it to a 5+3+3+4 system with 3 years as pre -schooling. In a federal system , any reform can be made only with some support from state and centre who have taken the task of building an ambitious Plans. This process will help in eliminating process of pedagogy , Structural inequalities and rampat commercialisation. There will be school examinations in Grades 3 , 5 and 8 conducted by appropriate authority . A new national Assessment centre prakash will set up as a standard -setting body and thus the old system of examination of Grade 10 and 12 is gonna re -designed.
The union cabinet on Wednesday approved the New Education policy . One of the major decision , the cabinet has renamed the ministry of Human Resource and Development as ministry of Education. This decision of changing name came due to recommendations listed in draft on New Education Policy .
We already know about our education system ,regarding the poor literacy and Numeracy outcomes ,Drop out levels in middle and Higher education failed to meet the aspirations for multi disciplinary Programmes.
Lets speak about new reforms –
1.Board exams will test your actual knowledge and not from root .
2.Mother tongue will be available till 5th standard as instructions
3.Report card will be on skills rather than on mere marks and statements .
4.Pedagogical structure reformed as there will be no streams available
5.All seperation between vocational, acedemic , Curricular , Extra – curricular Will also be removed.
It is a new national curriculum framework for ECE , adult Education , and teachers.
360 Degree Hostilic progress card of child. It is tracking children to progress their Learning Outcomes. NTA to introduce common enterance examination for admission to HEIs. National professional standards for teachers . Book promotion policy and Digital libraries. Transparent online self disclosure for public oversight and accountability.Public investment to reach 6 % in Education sector . Fee fixation with Board regulation system .NEP will generate little friction like provision of an energy -filled breakfast , in addition to the nutritious mid – day meal , to help children achieve better learning outcomes. Creation of inclusion funds to help socially and educationally disadvantaged people for pursuing Education.
Reforms in Higher Education
1.UG Programme -3 to 4 years
2. P G programme -1 to 2 years
3 . M phil to be discontinued
4.Integrated 5 years bachelor’s / masters
5. Multiple entry and exit
6. Credit transfer
7. Flexibility of subjects
8. Autonomous degree granting college.
9. All degrees will be of 4 years.
Among all others , the deadline of achieving universal literacy and numeracy by 2025 should be a top priority goal for progress. Bagless day to be encouraged throughout the year for school students . The three languages will be learnt by students on their choice , state and region. Variable model for semester , annual and module papers. Exam will be twice a year, no more board exam stress.
The present Education system runned for 34 years from 1986 , its after 34 years new reform introduced in educational line. Our Government have the vision of creating the country with youth ‘s of high quality education and make global superior knowledge country.
The companies can be divided into different types based on parameters such as Size of company, a number of its members, Control of ownership, Liability to shareholders, need of capital from public & On the basis of the manner in which capital can be accessed. A company is popularly referred as a group of person coming together with resources in terms of capital, manpower, and skill for the common objective of making profits.
In old companies Act 1956 a company should have at least 2 persons as its member or shareholder. However, the companies Act 2013 introduced a new concept of One Person Company in India wherein only one Indian person who is a citizen of India can register a private limited company with some limitation, the different types of companies can be classified based on different parameters.
CLASSIFICATION OF THE COMPANIES
1. Classification on the basis of Incorporation: Companies may be Incorporated under the following categories:
(a) Statutory Companies: These are constituted by a special Act of Parliament or State Legislature. The provisions of the Companies Act, 2013 do not apply to them. Examples of these types of companies are Reserve Bank of India, Life Insurance Corporation of India, etc.
(b) Registered Companies: The companies which are incorporated under the Companies Act, 2013 or under any previous company law and registered with the Registrar of Companies, fall under this category.
2. Classification on the basis of Liability: Under this category there are three types of companies: –
(a) Unlimited Companies: In this type of company, the liability of members of the company is unlimited, Section 2(92) of the Companies Act, 2013 provides that unlimited company means a company not having any limit on the liability of its members, Such companies may or may not have share capital. They may be either a public company or a private company. . The members is liable to the company and to any other person.
(b) Companies limited by guarantee: Section 2(21) of the Companies Act, 2013 provides that a company that has the liability of its members limited to such amount as the members may respectively undertake, by the memorandum, to contribute to the assets of the company in the event of its being wound-up, is known as a company limited by guarantee. The members of a guarantee company are, in effect, placed in the position of guarantors of the company’s debts up to the agreed amount. the members is liable to the company and to any other person.
(c) Companies limited by shares: A company that has the liability of its members limited by the liability clause in the memorandum to the amount, if any, unpaid on the shares respectively held by them is termed as a company limited by shares. Section 2(22) of the Companies Act, 2013 provides that “company limited by shares” means a company having the liability of its members limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them.
For example,a shareholder who has paid Rs. 75 on a share of face value Rupees 100 can be called upon to pay the balance of Rupees.25 only’. Companies limited by shares are by far the most common and it may be either public or private.
3. Other Forms of Companies
(a) Section 8 Companies: a person or an association of persons proposed to be registered under this Act as a limited company and proved to the satisfaction of the Central Government that the company –
i. has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object;
ii. intends to apply its profits, if any, or other income in promoting its objects; and
iii. intends to prohibit the payment of any dividend to its members such person or association of person may be allowed to be registered as a limited company without addition to its name of the word “limited” or private limited by the Central government by issuing a license and by prescribing specified condition.
The association proposed to be registered under section 8 shall not be proposed to be an unlimited company. However the same may be company limited by guarantee or a Company limited by shares.
(b) Government Companies: As per section 2(45) of the Companies Act, 2013 the Government company” means any company in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments, and includes a company which is a subsidiary company of such a Government company;
(c) Foreign Companies: As per section 2(42) of the Companies Act, 2013 the “foreign company” means any company or body corporate incorporated outside India which,-
(a) has a place of business in India whether by itself or through an agent, physically or through electronic mode; and
(b) conducts any business activity in India in any other manner.
(d) Holding and Subsidiary Companies; As per section 2(46) of the Companies Act, 2013 46) the “holding company”, in relation to one or more other companies, means a company of which such companies are subsidiary companies and the expression “company” includes any body corporate.
As per section 2(87) of the Companies Act, 2013 “subsidiary company” or “subsidiary”, in relation to any other company (that is to say the holding company), means a company in which the holding company –
(i) controls the composition of the Board of Directors or
(ii) exercises or controls more than one-half of the 19[total voting power] either at its own or together with one or more of its subsidiary companies:
Provided that such class or classes of holding companies as may be prescribed shall not have layers of subsidiaries beyond such numbers as may be prescribed.
Explanation.- For the purposes of this clause, –
(a) a company shall be deemed to be a subsidiary company of the holding company even if the control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding company;
(b) the composition of a company’s Board of Directors shall be deemed to be controlled by another company if that other company by exercise of some power exercisable by it at its discretion can appoint or remove all or a majority of the directors.
(c) the expression “company” includes any body corporate.
(d) “layer” in relation to a holding company means its subsidiary or subsidiaries.
As per section 2(11) of the Companies Act, 2013, the “body corporate” or “corporation” includes a company incorporated outside India, but does not include –
(i) a co-operative society registered under any law relating to co-operative societies and
(ii) any other body corporate (not being a company as defined in this Act), which the Central Government may, by notification, specify in this behalf.
(e) Associate Companies/ Joint Venture Company: As per section 2(6) of the Companies Act, 2013 the “associate company”, in relation to another company, means a company in which that other company has a significant influence, but which is not a subsidiary company of the company having such influence and includes a joint venture company.
Explanation.- For the purpose of this clause, –
(a) the expression “significant influence” means control of at least twenty per cent. of total voting power, or control of or participation in business decisions under an agreement.
(b) the expression “joint venture” means a joint arrangement whereby the parties that have joint control of the arrangement have rights to the net assets of the arrangement.
(f) Investment Companies: the term “investment company” includes a company whose principal business is the acquisition of shares, debentures or other securities 13[and a company will be deemed to be principally engaged in the business of acquisition of shares, debentures or other securities, if its assets in the form of investment in shares, debentures or other securities constitute not less than fifty per cent. of its total assets, or if its income derived from investment business constitutes not less than fifty per cent. as a proportion of its gross income.
(g) Producer Companies: Producer Company means a body corporate having objects or activities specified in section 581B of the Companies Act, 1956 and registered as Producer Company under the Companies Act.
The objects of the Producer Company shall relate to all or any of the following matters, namely:
i. production, harvesting, procurement, grading, pooling, handling, marketing, selling, export of primary produce of the Members or import of goods or services for their benefit: Provided that the Producer Company may carry on any of the activities specified in this clause either by itself or through other institution ;
ii. processing including preserving, drying, distilling, brewing, vinting, canning and packaging of produce of its Members ;
iii. manufacture, sale or supply of machinery, equipment or consumables mainly to its Members.
iv. providing education on the mutual assistance principles to its Members and others.
v. rendering technical services, consultancy services, training, research and development and all other activities for the promotion of the interests of its Members.
vi. generation, transmission and distribution of power, revitalisation of land and water resources, their use, conservation and communications relatable to primary produce.
vii. insurance of producers or their primary produce.
viii. promoting techniques of mutuality and mutual assistance.
ix. welfare measures or facilities for the benefit of Members as may be decided by the Board.
x. any other activity, ancillary or incidental to any of the activities referred above or other activities which may promote the principles of mutuality and mutual assistance amongst the members in any other manner.
xi. financing of procurement, processing, marketing or other activities specified above which include extending of credit facilities or any other financial services to its Members.
(h) Nidhi Companies: A nidhi company is a type of company in the Indian non-banking finance sector, recognized under section 406 of the Companies Act, 2013 their core business is borrowing and lending money between their members.
They are also known as Permanent Fund, Benefit Funds, Mutual Benefit Funds and Mutual Benefit Company. These companies are regulated under the Nidhi Rules, 2014 issued by the Ministry of Corporate affairs.
(i) Dormant Companies covered under Section 455 of the Companies Act. 2013 and includes a company which is formed and registered under the Act for a future project or to hold an asset or intellectual property and which has not been carrying on any business or operation, or has not made any significant accounting transaction during the last two financial years, or has not filed financial statements and annual returns during the last two financial years.
(j) Non-banking Financial Companies: A Non-Banking Financial Company (NBFC) is a company registered under the Companies Act, 1956 / 2013 engaged in the business of loans and advances, acquisition of shares/stocks/bonds/debentures/securities issued by Government or local authority or other marketable securities of a like nature, leasing, hire-purchase, insurance business, chit business but does not include any institution whose principal business is that of agriculture activity, industrial activity, purchase or sale of any goods (other than securities) or providing any services and sale/purchase/construction of immovable property.
A non-banking institution which is a company and has principal business of receiving deposits under any scheme or arrangement in one lump sum or in installments by way of contributions or in any other manner, is also a non- banking financial company.
(k) Listed Company: “listed company” means a company which has any of its securities listed on any recognised stock exchange.
The Expert panel which was setup by the Securities and Exchange Board of India (SEBI) has prepared certain draft norms for Social Stock Exchanges (SSE).
SSE is an electronic fundraising platform that allows investors to buy shares in a social enterprise that has been assessed by the exchange.
Such social enterprises include revenue-generating businesses whose primary goal is to achieve a social objective, for example, providing clean energy or healthcare.
Other recent steps which were taken in coal sector include the coal linkages that have been further rationalized in order to reduce the distance in transportation of the coal from the coal mines to the consumer. Under the coal linkage policy, power producers have been linked to the coal producers. The commitments under the linkages are binding and thus, coal cannot be transferred to other consumers.
Environment Protection Act, on the other hand, was amended to drop mandatorily washing coal for supply to thermal power plant. The reason cited was that it prompts industries to import coal. Instead of this, thermal power plants were directed to install the technology for handling ash content.
There were amendments made in the guidelines of preparation, processing and approval of Mining Plan. It was framed into more simplified guidelines. The same was done based on the similar measures which are being taken to formulate an online single window clearance system.
Amendments were also made to Mineral Concession Rule 1960 with the objective to provide more flexibility in the plan and operation.
Mineral Laws (Amendment) Act, 2020 which includes provisions like removal of restriction on end-use of coal, Composite license for prospecting and mining etc. is basically framed with the objective to promote ease of doing business in coal mining.
Alongwith it, announcements made under Atmanirbhar Bharat Abhiyan, mentioning of the spending ₹50,000 crore was done specifying the creation of infrastructure for coal extraction and transport, reimbursement of revenue share payable to government in cases of early production, producing excess of the scheduled target and also for the coal used in gasification etc.
The idea of a SSE for listing of social enterprise is for the voluntary organisations to raise capitals as debt, equity or like a mutual fund which was also as such specified in the Union Budget 2019-20. Later, SEBI constituted a panel to suggest norms for SSEs.
The most prominent SSEs in the world hail from the UK, USA, Canada, Singapore, South Africa and Mauritius.
Numbering the benefits of Social Stock Exchange can be a task as this is bound to certainly unlock funds from donors, philanthropic foundations and Corporate Social Responsibility (CSR) spenders. It might functionally impact investors for social development. As per Brookings India, only 57% of the total social enterprises at the moment have access to debt and equity. This fact stands as a barrier to growth and sustainability. That is certainly expected to change through this.
The Listing of social enterprises in the SSEs would also improve visibility of social enterprises in the eyes of large investors and humanitarian organisations. Also, SSEs will provide a better understanding of social sector to the investors which are routing their investment.
The Banks, NBFCs and other investors can also raise capital from SSE to participate in the growth journey of the social enterprises and thereby deepen their impact in the development.
Further, SSE will help to improve essential social services and important social sectors like health, education, clean energy and agriculture by channelling greater capital to them.
SSE is also expected to unlock large pools of social capital. Furthermore, it is also expected to encourage blended finance structures so that conventional capital can partner with social capital. This will in turn specifically address the urgent challenges of COVID-19.
But there are certain challenges in setting up SSE. Like there is no consensus about what is and isn’t a social enterprise. Prof Muhammad Yunus, a renowned expert in the field defined social business as what can be adopted as “a non-loss, non-dividend paying company which is created and designed to address a social problem.”
The valuing social initiatives, welfare and non-profits organisations is also difficult, because there is no set benchmark, no uniform structures to set minimum thresholds to enable their listing.
Apart from equity capital, social enterprises need debt particularly to meet working capital requirements, but only handful of private impact investors provide debt to early-stage social enterprises.
India at the moment has more than about 2 million social enterprises which includes the non-profits, for-profits and hybrid model and they certainly need careful planning with the designing of the social stock exchange.
India’s union Cabinet on Wednesday approved the National Education Policy 2020, engraving a way for transforming reforms in school and higher education sector in the country. Union cabinet also renamed the HRD Ministry as Education Ministry. Making the announcement, Union Ministers Prakash Javadekar and Ramesh Pokhriyal Nishank said there would be a single regulator for all higher education institutions and MPhil would be discontinued.
“I congratulate Government of India for giving the country an education policy that will nurture a child’s creative and unique abilities rather than only judging them on their exam scores”, said famous film actor Anil Kapoor in reaction to new education policy.
The National Education Policy was framed in 1986 and modified in 1992. More than three decades have passed since previous Policy. During this period significant changes have taken place in our country, society economy, and the world at large. It is in this context that the education sector needs to gear itself towards the demands of the 21st Century and the needs of the people and the country. Quality, innovation and research will be the pillars on which India will become a knowledge super power. Clearly, a new Education Policy is needed.
The Government had initiated the process of formulating a New Education Policy through the consultation process for an inclusive, participatory and holistic approach, which takes into consideration expert opinions, field experiences, empirical research, stakeholder feedback, as well as lessons learned from best practices.
The Committee for preparation of the draft National Education Policy submitted its report to the Ministry on 31.05.2019. The Draft National Education Policy 2019 (DNEP 2019) was uploaded on MHRD’s website and also at MyGov Innovate portal eliciting views/suggestions/comments of stakeholders, including public. The draft NEP is based on the foundational pillars access, affordability, equity, quality and accountability.
Post submission of Draft Report States/UTs Governments and Government of India Ministries were invited to give their views and comments on Draft National Education Policy 2019. A brief summary of the Draft National Education Policy 2019 was circulated among various stakeholders, which was also translated in 22 languages and uploaded on the Ministry’s website. Meetings with State Education Secretaries of School Education and with State Secretaries of Higher & Technical Education were held.An Education Dialogue with Hon’ble MPs of Andhra Pradesh, Telangana, Tamil Nadu, Puducherry, Kerala, Karnataka and Odisha.
A special meeting of CABE on National Education Policy was held. In the meeting, 26 Education Ministers of various States and UTs, representatives of States and Union Territories, Members of CABE, Heads of Autonomous Organisations, Vice Chancellors of Universities, attended the meeting along with senior officials of the Central and State Governments. Around 2 lakh suggestions on the Draft National Education Policy received from various stakeholders. A meeting on Draft NEP 2019 of Parliamentary Standing Committee on Human Resource Development was held on 07.11.2019.
Indian Government also said that “Efforts will be made to incentivize the merit of students belonging to SC, ST, OBC, and other SEDGs. The National Scholarship Portal will be expanded to support, foster, and track the progress of students receiving scholarships. Private HEIs (Higher Education Institutes) will be encouraged to offer larger numbers of free ships and scholarships to their students.”
A development in the Indian education system and policies were need of the time, demand of the 21st century. It took almost 34 years for India to make changes into its schooling, Higher Education processes.
Application under section 14 for conversion of public company into private company.
(1) An application under the second proviso to sub-section (1) of section 14 for the conversion of a public company into a private company, shall, within sixty days from the date of passing of special resolution, be filed with Regional Director in e-Form No. RD-l along with the fee as provided in the Companies (Registration Offices and Fees) Rules, 2014 and shall be accompanied by the following documents, namely:-
(a) a draft copy of Memorandum of Association and Articles of Association , with proposed alterations including the alterations pursuant to sub-section (68) of section 2 of the Act;
(b) a copy of the minutes of the general meeting at which the special resolution authorising such alteration was passed together with details of votes cast in favour and or against with names of dissenters;
(c) a copy of Board resolution or Power of Attorney dated not earlier than thirty days, as the case may be, authorising to file application for such conversion;
(d) declaration by a key managerial personnel that pursuant to the provisions of sub-section (68) of section 2 of the Act , the company limits the number of its members to two hundred and also stating that no deposit has been accepted by the company in violation of the Act and rules made thereunder;
(e) declaration by a key managerial personnel that there has been no non-compliance of sections 73 to 76A, 777 , 178,185,186 and 188 of the Act and rules made thereunder;
(f) declaration by a key managerial personnel that no resolution is pending to be filed in terms of sub- section (3) of section 779 and also stating that the company was never listed in any of the Regional
Stock Exchanges and if was so listed, all necessary procedures were complied with in full for complete delisting of the shares in accordance with the applicable rules and regulations laid down by Securities Exchange Board of India: Provided that in case of such companies where no key managerial personnel is required to be appointed, the aforesaid declarations shall be filed any of the director.
(2) Every application filed under sub-rule (1) shall set out the following particulars, namely:-
(a) the date of the Board meeting at which the proposal for alteration of Memorandum and Articles was approved;
(b) the date of the general meeting at which the proposed alteration was approved;
(c) reason for conversion into a private company, effect of such conversion on shareholders, creditors, debenture holders, deposit holders and other related parties;
(d) details of any conversion made within last five years and outcome thereof along with copy of order;
(e) details as to whether the company is registered under section 8.
(3) There shall be attached to the application, a list of creditors, debenture holders, drawn up to the latest practicable date preceding the date of filing of application by not more than thirty days, setting forth the following details, namely:-
(a) the names and address of every creditor and debenture holder of the company;
(b) the nature and respective amounts due to them in respect of debts, claims or liabilities;
(c) in respect of any contingent or unascertained debt, the value, so far as can be justly estimated of such debt: Provided that the company shall file an affidavit, signed by the Company Secretary of the company, if any, and not less than two directors of the company, one of whom shall be managing director, where there is one, to the effect that they have made a full enquiry into affairs of the company and, having done so, have formed an opinion that the list of creditors and debenture holders is correct, and that the estimated value as given in the list of the debts or claims payable on contingency or not ascertained are proper estimates of the values of such debts and claims that there are no other debts, or claims against, the company to their knowledge.
(4) A duly authenticated copy of the list of creditors and debenture holders shall be kept at the registered office of the company and any person desirous of inspecting the same may, at any time during the ordinary hours of business, inspect, and take extracts from the same on payment of ten rupees per page to the company.
(5) The company shall, at least twenty-one days before the date of filing of the application
(a) advertise in the Form No.INC.25A, in a vernacular newspaper in the principal vernacular language in the district and in English language in an English newspaper, widely circulated in the State in which the registered office of the company is situated;
(b) serve, by registered post with acknowledgement due, individual notice on each debenture holder and creditor of the company; and
(c) serve, by registered post with acknowledgement due, a notice to the Regional Director and Registrar and to the regulatory body, if the company is regulated under any law for the time being in force
(6)(a) Where no objection has been received from any person in response to the advertisement or notice referred to in sub-rule (5) and the application is complete in all respects, the same may be put up for orders without hearing and the concerned Regional Director shall pass an order approving the application within thirty days from the date of receipt of the application.
(b) Where the Regional Director on examining the application finds it necessary to call for further information or finds such application to be defective or incomplete in any respect, he shall within thirty days from the date of receipt of the application, give intimation of such information called for or defects or incompleteness, on the last intimated e-mail address of the person or the company, which has filed such application, directing the person or the company to furnish such information, to rectify defects or incompleteness and to re-submit such application within a period of fifteen days in e-Form No. RD-GNL-5:
Provided that maximum of two re-submissions shall be allowed
(c) In cases where such further information called for has not been provided or the defects or incompleteness has not been rectified to the satisfaction of the Regional Director within the period allowed under sub-rule (6), the Regional Director shall reject the application with reasons within thirty days from the date of filing application or within thirty days from the date of last re-submission made. as the case may be.
(d) Where no order for approval or re-submission or rejection has been explicitly made by the Regional Director within the stipulated period of thirty days, it shall be deemed that the application stands approved and an approval order shall be automatically issued to the applicant.
(9) (i) Where an objection has been received or Regional Director on examining the application has specific objection under the provisions of Act, the same shall be recorded in writing and the Regional Director shall hold a hearing or hearings within a period thirty days as required and direct the company to file an affidavit to record the consensus reached at the hearing, upon executing which, the Regional Director shall pass an order either approving or rejecting the application along with reasons within thirty days from the date of hearing, failing which it shall be deemed that application has been approved and approval order shall be automatically issued to the applicant.
(ii) In case where no consensus is received for conversion within sixty days of filing the application while hearing or otherwise, the Regional Director shall reject the application within stipulated period of sixty days: Provided that the conversion shall not be allowed if any inquiry, inspection or investigation has been initiated against the company or any prosecution is pending against the company under the Act.
(10) On completion of such inquiry inspection or investigation as a consequence of which no prosecution is envisaged or no prosecution is pending, conversion shall be allowed.
(11) The order conveyed by the Regional Director shall be filed by the company with the Registrar in Form No. lNC-28 within fifteen days from the date of receipt of approval along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.
With the construction of Ram Mandir, Ayodhya will shine bright at the top, with tourist attraction. The tourism ministry has decided to connect ‘Ram Nagri’ with other religious places.
By the help of Railways, Ayodhya is in process to be connected with Rameshwaram directly since 2018. Now, Chitrakoot is also said to get connected with Rameshwaram and Ayodhya.
On wednesdays, a weekly train runs from Ayodhya to Rameshwaram. Member of Parliament of Ayodhya Lallu Singh has requested the ministry of railways to make a short and direct path connecting Ayodhya with Chitrakoot, Jagannath Puri and Vaishno Devi temple.
(1) Appointment process of independent directors shall be independent of the company management; while selecting independent directors the Board shall ensure that there is appropriate balance of skills, experience and knowledge in the Board so as to enable the Board to discharge its functions and duties effectively. Independent director may be selected from Databank.
(2) The appointment of independent director(s) of the company shall be approved by the company at the meeting of the shareholders.
(3) The explanatory statement attached to the notice of the meeting for approving the appointment of independent director shall include a statement that in the opinion of the Board, the independent director proposed to be appointed fulfils the conditions specified in the Act and the rules made thereunder and that the proposed director is independent of the management. It shall also indicate the justification for choosing the appointee for appointment as Independent Director.
(4) The appointment of independent directors shall be formalized through a letter of appointment, which shall set out:
(a) The term of appointment;
(b) The expectation of the Board from the appointed director; the Board-level committee(s) in which the director is expected to serve and its tasks;
(c) The fiduciary duties that come with such an appointment along with accompanying liabilities;
(d) Provision for Directors and Officers (D and O) insurance, if any;
(e) The Code of Business Ethics that the company expects its directors and employees to follow;
(f) The list of actions that a director should not do while functioning as such in the company; and
(g) The remuneration, mentioning periodic fees, reimbursement of expenses for participation in the Boards and other meetings and profit related commission, if any.
(5) The terms and conditions of appointment of independent directors shall be open for inspection at the registered office of the company by any member during normal business hours.
(6) The terms and conditions of appointment of independent directors shall also be posted on the company’s website.
(7) He shall be hold office for a term of upto 5 consecutive years of a company. [Section 149(10)]
RE-APPOINTMENT OF AN INDEPENDENT DIRECTOR
The re-appointment of independent director shall be on the basis of report of performance evaluation. (
Schedule IV – Code for Independent Directors)
Section 149(11) provides that the Independent Director shall be eligible for re-appointment on passing of special resolution. He shall not hold office for more than 2 consecutive terms, but such independent director shall be eligible for appointment after the expiration of 3 years of ceasing to become an independent director. However, he shall not, during the said period of 3 years, be appointed in or be associated with the company in any other capacity, either directly or indirectly.
Along with the Ram Mandir, a resplendent town is said to be built in the 70 acre premises as said by the Shree Ramjanmbhoomi Teerth Chhetra Trust.
The town will be decorated with a ‘Satsang Bhavan’, ‘Laser Show depicting Ramayana named HANUMAN MUKTAKASH’ and a massive mess alongwith the Ram Mandir which will be 161ft. tall and will have a support of 318 pillars with 6 domes. The 70 acre premises will also have restrooms and washroom facility for accomodating 1lac people.
For the devotees, a centralised water filter plant, multi-level parking would be set up. The whole area is said to be lighted with the help of solar panels.
Some people may think that the students of today have it easy. But in thinking this they are indeed wrong. Very wrong in fact. I would even argue that being a student is harder than it has ever been before.
Firstly, there is a huge amount of pressure that is put on us to meet the standards of the generations before us. We are told that we have to work hard to succeed and that our options are limited, when in reality it is the opposite. In this day and age there are literally countless ways to make a living for yourself and leave your own mark on the world. So why restrict yourself to just one trade when you the possibilities are endless. For example, if I told my parents I wanted to be a youtuber or an instagram influencer I would be laughed at, when in reality, they provide the highest earnings.
With the education system being hundreds of years old, you’d think it would have changed, right?
Sadly not, even to this day students are told to sit exams that test nothing more than memory to determine how much money they are allowed to get when they are older. Obviously there are a select few that obtain the grades that they wanted to more as far as possible in life but the truth is that for most that is not at all the case. How can you say it is fair that our whole life is completely dependant on how we perform as a child/young adult.
Now it is true that if you are someone that struggles in exams there are options you can take to help you. However, the truth is that if you take this help you are severely restricted to what you can achieve, this could be seen as a fair way of going about it but in reality it is far from it.
The way I see it is that if you convince someone that they can only achive the most minimum of goals then they will believe you. We need to be told that no matter what if we work hard enough we can achieve our dreams and succeed in life.
I believe that some serious changes need to be made to the system in order to make it truly ‘fair for everyone’. Start believing in us and maybe we will surprise you.
NASA’s next-generation Mars rover has blasted off from Florida’s Cape Canaveral top an Atlas 5 rocket on a $US2.4 billion ($3.36 billion) mission to search for traces of potential past life on Earth’s planetary neighbour.
The next-generation robotic rover – a car-sized six-wheeled vehicle carrying seven scientific instruments – also is scheduled to deploy a mini helicopter on Mars and try out equipment for future human missions to the fourth planet from the sun.
Scientists have long debated whether Mars once a much more hospitable place than it is today ever harboured life.
Water is considered a key ingredient for life, and the Mars of billions of years ago had lots of it on the surface before the planet became a harsh and desolate planet.
One of the most journey will be what mission engineers call the “seven minutes of terror,” when the robot endures extreme heat and speeds during its descent through the Martian atmosphere, deploying a set of supersonic parachutes before igniting mini rocket engines to gently touch down on the planet’s surface.
Since NASA’s first Mars rover Sojourner landed in 1997, the agency has sent two others – Spirit and Opportunity – that have explored the geology of expansive Martian plains and detected signs of past water formations, among other discoveries. NASA also has successfully sent three landers – Pathfinder, Phoenix, InSight.
The United States has plans to send astronauts to Mars in the 2030s under a program that envisions using a return to the moon as a testing platform for human missions before making the more ambitious crewed journey to Mars.
The rover also is intended to help bring Martian rock samples back to Earth, collecting materials in cigar-sized capsules and leaving them in various spots on the surface for retrieval by a future “fetch” rover. That planned rover is expected to launch the samples back into space to link up with other spacecraft for an eventual Earth homecoming around 2031.
Covid-19 crisis has severely impacted almost all industries but disruptions in the airline industry is so profound and it has manifold implications that it is assumed to be greater than the combined crises of 9/11 terror attack in the US and the 2008 global financial crisis combined to put together.
The Government of India (acting through DGCA) (“GoI”) has vide its (i) order dated March 23, 2020, passed under Section 88(1) of the Aircraft Act, 1934; and (ii) orders dated March 26, 2020, and April 14, 2020, directed inter alia all aircraft operators to suspend the operations of all the domestic flights and all scheduled international commercial passenger services until May 3, 2020.
The forward air travel bookings are far outweighed by the cancellations due to which the air travel demand is in its all-time low and drying up in ways that are unprecedented with no semblance of normalcy on the horizon.
CURRENT SCENARIO DUE TO COVID-19
For an industry which is already in stress, the Covid-19 pandemic has only accelerated the process of a bankruptcy filing by several companies (like Virgin Australia and Air Mauritius).
Those airline companies which are still in business have also suffered huge losses and misfortunes as the novel coronavirus-forced lockdowns due to which the airlines had to keep their fleets at bay and grounded.
As per the market sources, apart from the pay cut, several airline companies from the likes of Indigo, Go Airlines etc in India have also taken other cost-cutting measures including furloughs.
Due to the turbulence caused by the outbreak of Covid-19 virus, the airline industry must focus on the horizon as there is always a silver lining in these tough times so that it can successfully navigate a wide array of challenges (including legal, financial and operational) which are likely to surface once the pandemic is behind us.
Future flight plan post the COVID-19 pandemic for the airlines will be influenced to a great extent by factors such as avoiding the countries that have been the virus epicentres and gauging government responses on the type and duration of travel restrictions and the conditions under which they might be relaxed.
Governments across the globe may likely consider imposing specific restrictions/limitations which is akin to the security measures put in place after terrorism events for inbound and outbound passengers.
RESTRICTIONS/ LIMITATIONS
Health screenings or certificates form prescribed by the medical practitioners before the boarding is a must. In the Post-COVID era, megatrends such as the dramatic rise in remote working, government or organisation-imposed limitations/restrictions on air travel, greater reliance on locally-oriented supply chains as well as avoiding non-essential travels will impact the recovery demand in the aviation industry and may lead to a major overhaul in the management and operation of the airline industry.
To fly safely through this turbulent time, it is of utmost importance that the airline companies launch a crisis management team or as its being coined by some in the industry – “Plan Ahead Team”. This Plan Ahead Team will be responsible for collecting forward-looking intelligence and provide a Post Covid-19 flight plan to guide and accelerate decision making.
CHALLENGES/ CONSIDERATIONS
Following are some of the challenges/considerations which airline companies in India may consider while formulating their Post Covid-19 flight plan.
Third-party contractor agreements/Hedging arrangement for jet fuel prices:
To determine the optimal size and dimensions of their networks and fleet, this will hold the key to the survival of airline companies. These companies may have to revamp their strategies vis-à-vis the air travel restrictions imposed by the governments to identify routes that are most likely to recover basis demand, regulatory and market structure scenarios.
The determination of routes that are most likely to recover will determine which fleet/route to recommission. For the routes that could not be recommissioned or are partially commissioned post-COVID-19 and withdrawal of lockdown orders, the airline companies may have to renegotiate/re-assess the legal risk that may arise according to their contracts with third-party contractors engaged for inter alia refuelling; catering; runway/taxiway construction and repair; aircraft maintenance and overhaul; crew training; and flight dispatch.
Further, airline companies must also consider revisiting/re-negotiating their existing contracts for hedging the jet fuel prices. Most of the airline are locked into contracts for hedging the jet fuel prices. There has been a steep drop and the prices of jet fuel is at an all-time low due to the upshot of the current crisis.
Accordingly, the airline companies will have to pay their higher hedged amount for jet fuel, creating hedging loses. In this context, the existing provisions of these contracts become relevant to determine the leverage of discussions from a legal rights perspective.
Financing Arrangements:
Given that the airline companies have suspended all their business, it would be imperative to ascertain if defaults would get triggered under the various financing agreements entered by the airline companies.
Where an event of default is only triggered upon a ‘voluntary’ suspension of business, it may be argued that such temporary cessation of business due to the virus outbreak is a direct consequence of the government regulations and therefore it is outside the purview and scope of such provision.
Further, it would be relevant to check if an event of default is qualified by a requirement that a suspension of business has a “material adverse effect” on the borrower’s ability to perform its contractual obligations.
If there is a significant impact on the borrower’s ability to pay, this will likely satisfy the test of ‘material adverse effect. Additionally, it is expected that post-COVID-19 and lifting of the lockdown orders, for reasons including financial and operational difficulties, the airline companies may not be able to commence operations in all the sectors or may not be in a position to recommission their entire fleet.
Given the aforesaid, it would be relevant for the airline companies to review an event of default provision relating to ‘cessation of business’ in their financing agreements.
Cessation of Business would typically include events where a company ‘threatens’ to suspend or cease to carry on its business and therefore, one may argue that such temporary closures post Covid-19 and/or lifting of lockdown orders, would constitute a ‘cessation’ of business. It would be prudent for airline companies to review their facility agreements when contemplating Covid-19 related measures and consider the impact of such measures may have on their financing arrangements. These tests can be carried out during the period of lockdown, such that the provisions can be re-considered by the parties.
Aircraft Lease Agreements:
The airline companies may have to revisit/review their aircraft lease agreements. The airline companies may consider approaching the lessors for seeking concessions concerning the lease obligations including ‘rental holiday’ on account of liquidity crunch consequent to fall in ticket receipts post Covid-19.
While the lessors may be entitled to decline requests for concessions on lease obligations, the commercial reality may well be that lessors will have to assess whether supporting an airline in some way may improve their financial health in the aftermath of the crisis or whether such benevolence will only delay the end of a business that was struggling in any case.
It may be worthwhile to consider that the relief package/concessions which an airline company may seek from the lessors may include inter alia a standstill for an agreed period with an agreed repayment schedule to recapture the unpaid rents, forbearance on event of default at a cost.
Governmental Support: Globally, the market structure for the airline industry is set to witness a major revamp. This change will be significantly influenced by government responses to the crisis and types and levels of support extended to the airline industry.
In the absence of specific announcements/ relief measures, the airline companies in India may consider approaching the Ministry of Civil Aviation and/or the GoI for relaxation/waiver concerning various fees/licenses including airport charges, AAI and Private Airport Operators’ space rentals and infrastructure charges which are to be paid by them.
This waiver may specifically be sought concerning air spaces/sectors, which the airline companies suspect will not be recommissioned or sectors where the travel demand likely to rebound slowly.
Resolution/Restructuring: Globally there are several airline companies which have filed for bankruptcy. Per CAPA-Centre of Aviation, most world airlines would be bankrupt by the end of May. In this context, the Ministry of Finance (“MoF”) has on March 24, 2020, indicated that if Covid-19 crisis continues beyond April 30, 2020, it may consider suspending Section 7, 9 and 10 of the Insolvency and Bankruptcy Code, 2016 for six months to stop companies from being forced into insolvency proceedings in such force majeure causes of default under the commercial agreements (e.g. financing agreements, lease agreements).
Import Duties and Trade barriers: Government of India is considering putting in place several trade restrictions/embargo on the import of goods from China.
CONCLUSION
As COVID -19 continues to spread across the globe, the challenges triggered by it are numerous and unprecedented. As COVID -19 continues to spread across the globe, the challenges triggered by it are numerous and unprecedented. The Indian tourism and hospitality industry is severely affected by the outbreak of COVID-19.
Once the COVID-19 crisis is contained, the GoI may inter alia consider developing an appropriate messaging/advertising campaign (similar to ‘Incredible India’ tourism campaign) to provide the necessary impetus to the recovery of the aviation industry post-COVID-19.
WEBSITES REFERRED
Covid-19: Flight Plan for Indian Aviation Industry by Subhojit Sadhu & Shrey Srivastava on May 6, 2020,
The Government of India had vide its circular dated April 14, 2020, has decided that all scheduled international commercial passenger services shall remain closed until May 3, 2020. Additionally, a collated list of the Global and regional Government measures related to Covid-19
Post 9/11, it is customary to have long lines at the airport and extensive security checks. The enhanced security measures are being monitored and implemented by the Transportation Security Administration (TSA). The TSA was created as a direct result of the 9/11 attacks
Uttar Pradesh gangster Vikas Dubey, the main accused in the killing of eight policemen in Kanpur, was shot dead in an alleged encounter Friday morning. According to the UP Police, the special task force was bringing him back from Ujjain to Kanpur when the vehicle he was in toppled, and Dubey attempted to flee. According to the police, Dubey also fired at the police as he was fleeing.
Apart from Dubey, five of his associates have also been killed by the police in reported encounters over the last week.
These encounters under mysterious circumstances have raised many questions on the authenticity of the Uttar Pradesh police’s claims, as Dubey was said to have a nexus with politicians and the police.
ThePrint looks back at some of India’s most controversial ‘encounter’ killings
Alleged rapists/murderers in Hyderabad, 2019
In December 2019, the Telangana police dead four men accused of gang-raping and burning to death a veterinarian doctor in Hyderabad. Calling their actions an “encounter”, the police said they had to open fire in self-defence as the four men tried to escape and began pelting stones.
The police had taken the four accused to an underpass on the Hyderabad-Bengaluru highway next to Chatanpally village to reconstruct the crime scene when the four tried to escape, the police claim.
Bhopal jail encounter, 2016
In October 2016, eight people associated with the Students’ Islamic Movement of India (SIMI) allegedly escaped from the Bhopal Central Jail and were subsequently shot dead by the state police.
The probe report tells that the deceased persons were asked to surrender, but, instead, began firing at the police and public. Therefore, the police had to open fire and even after that they showed no intention to surrender, sustained injuries and died on the spot.
In one man judicial commisson headed by S.K. Pandey, retired judge of the Madhya Pradesh High Court gave the police a clean chit.
Manipur extrajudicial killings, 2010
In February 2020, four Manipur policemen, including an surrendered before the Imphal West chief judicial magistrate in connection with the alleged fake encounter of Irengbam Ratankumar on 1 September 2010.
The case was among more than 1,500 extrajudicial killing by the Manipur Police and security forces. The Special Investigation Team (SIT) of the CBI, which was investigating the case, submitted a charge sheet against the police personnel in May 2019.
This action came after former CBI director Alok Kumar Verma was told by the Supreme Court in 2018 for the agency’s failure to arrest the accused in the many alleged extrajudicial killings in Manipur.
Batla House, 2008
The Batla House encounter held in Delhi in 2008, becoming a national sensation—Bollywood even made a film on it.
On 19 September 2008, a Delhi Police special team carried out an encounter in Batla House in Jamia Nagar, where two suspected Indian Mujahideen terrorists were killed along with inspector Mohan Chand Sharma.
The operation led by Sharma, an encounter specialist, was supposed to only gather information from residents of the area after the 2008 September blasts in Delhi. However, it escalated into a 20-minute shootout.
Many questioned the veracity of the encounter, and claimed it was staged. The National Human Rights Commission also conducted an investigation into the encounter, on a plea filed by People’s Union for Democratic Rights, and eventually gave a clean chit to the Delhi Police.
However, the post-mortem report of the victims of the shootout, which raised several flags and questions, was not included in the NHRC report. What’s more, the report was dated two days before the body was even asked to investigate the matter by the high court.
Ram Narayan Gupta, 2006
Ram Narayan Gupta alias ‘Lakhan Bhaiya’, who was apparently an aide to gangster Chhota Rajan, was shot dead in 2006 by the Mumbai Police when he was picked up from Vashi and killed in an allegedly staged encounter in Versova.
Following the encounter, a Mumbai sessions court in 2013 sentenced 21 people, including 13 policemen, to life imprisonment for killing Gupta. It also held them guilty of conspiring and kidnapping him. However, the prime accused, encounter specialist Pradeep Sharma, was acquitted.
Sohrabuddin Sheikh, 2006
According to the CBI, Sheikh was a wanted criminal who extorted money from marble traders in Gujarat and Rajasthan. However, the Gujarat Police claimed he was a Lashkar-e-Taiba operative.
In November 2006, Sheikh and his wife Kausar Bi were travelling from Hyderabad to Sangli in Maharashtra when the Gujarat Police Anti-Terror Squad intercepted them and took them to a farmhouse on the outskirts of Ahmedabad. It has been reported that three days later, then-ATS chief D.G. Vanzara took Sheikh away and killed him, claiming he was a terrorist with a plan to attack Narendra Modi.
Tulsiram Prajapati, 2006
Also in 2006, Tulsiram Prajapati, known to be an associate of Sohrabuddin Sheikh, was allegedly killed in a fake encounter. According to the CBI, Prajapati was with Sheikh and Kausar Bi when the Gujarat Police caught them. Prajapati was shown to be arrested in Rajasthan and later killed.
In 2011, the Supreme Court told the CBI to take up the case and the agency named then-Gujarat home minister Amit Shah as the prime accused in the elimination of Prajapati. According to the charge sheet, former DGP P.C. Pande and additional DGP Geetha Johri abused their positions to eliminate Prajapati, who was an eyewitness to the killings of Sheikh and his wife Kauser Bi.
Ishrat Jahan, 2004
On 15 June 2004, the Gujarat Police killed 19-year-old Ishrat Jahan and three others on the outskirts of Ahmedabad in an alleged encounter. as police all four were operatives of the Lashkar-e-Taiba who had a plan to kill then-Gujarat CM Narendra Modi.
However an investigation by the special investigation team formed by the Gujarat High Court said the encounter was staged. The case was then transferred to the Supreme Court, which handed it over to the CBI, which, in turn, filed a charge sheet against many Gujarat police officers for their involvement in the alleged encounter.
Jahan was the second of seven siblings and a second-year student at Mumbai’s Guru Nanak Khalsa College. In 2017, terrorist David Headley said a Mumbai court that Jahan was an operative of the LeT.
Fifteen years after the death of her daughter, Ishrat’s mother Shamim Kausar said she was releasing herself from the judicial process because her daughter’s killers were roaming free.
Veerappan, 2004
In October 2004, the notorious Veerappan, infamous for kidnapping, elephant poaching and sandalwood smuggling, was shot dead in an encounter by the Tamil Nadu Special Task Force. He had been on the run for a decade was tricked into getting into an ambulance as he needed to visit a hospital in Salem for his eye.
The STF fired 338 bullets at the ambulance, out of which three hit Veerappan. However, it was asked at the time whether his encounter was staged and actually a cover-up job, as according to reports, Veerappan had no bullet wounds in his body and was only shot in his eye and forehead.
Sadiq Jamal, 2003
In 2003, the Gujarat Police shot dead Sadiq Jamal, claiming to have information that he was planning an attack on Narendra Modi and other top BJP leaders. According to an investigation by the CBI, not only was Jamal shot dead by the police in a fake encounter, but also that the Intelligence Bureau played a role in it.
According to the CBI, Jamal did not match the profile of reports of a plan to kill Modi and others, and his past criminal record only included an altercation in 1996 and arrest for gambling in 2002. Many police inspectors and top IB officials were asked and later accused in the case of his ‘encounter’.
In 2017, Jamal’s father files a petition in the Gujarat High Court seeking compensation of Rs 50 lakh from the state government.
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