Coming straight to the nub of the matter, it has to be said at the very outset with a lot of appreciation that in the landmark case of Manoj Singh Pawar v State of Uttarakhand & others Writ Petition (PIL) No. 156 of 2016 which was delivered on June 18, 2018, the Uttarakhand High Court issued a slew of landmark directions to check drug peddling and abuse in the state. We all know that drug peddling and abuse has become a very common phenomenon. It has to be checked from spreading further so that the damage can be contained from further spreading!

                                       As it turned out, the Bench comprising Justice Rajiv Sharma and Justice Lok Pal Singh specifically took note of drug abuse in educational institutions, prevailing so rampantly. It directed the State to ensure that a policeman in plain clothes is stationed around each educational institute from 8 am to 6 pm. It further directed all educational institutes in the State to ensure appointment of the senior-most teacher as the nodal officer to counsel students every Friday on the ill effects off drugs.    

                                    Simply put, the present petition has been filed by the petitioner, Mr Manoj Singh Pawar highlighting the opening of liquor vend right in the heart of Almora town in the close proximity of District Hospital, opposite the Government Museum and Govt. Girls Inter College and bus stand. Mr Manoj had drawn the Court’s attention to the fact that the establishment of liquor vends is regulated and controlled under the Uttar Pradesh Number and Location of Excise Shops Rules, 1968 which bars opening of such vends in close proximity of places of public worship, schools, hospitals or residential colonies. Similar instructions had been issued by the State as well.

                                      Briefly stated, the essence of Sub-rule 4 of Rule 5 is as follows: “4(a) No shop or sub-shop shall be licensed within a distance of 50 (fifty) meters in case of Municipal Corporations; within a distance of 75 (seventy-five) meters in case of Municipal Councils and Nagar Panchayat; and within a distance of 100 (one hundred0 meters in other areas from any place of public worship or schools or hospitals or residential colony:

Provided that if any place of public worship, school, hospital, residential colony comes into existence subsequent to the establishment of shop or sub-shop, the provisions of this rule shall not apply:

Provided further that the distance restriction shall not apply in areas designated as “commercial” or “industrial” by the development authority/industrial development authority or other competent authority.  

(b) The distance referred in clause (a) shall be measured from the mid point of the entrance of the shop or sub-shop along the nearest path by which pedestrian ordinarily reaches to the mid-point of the nearest gate of the place of public worship or a school or a hospital or a residential colony, if there is a compound wall and if there is no compound wall to the mid-point of the nearest entrance of the place of public worship or a school or a hospital or a residential colony.”

For the sake of brevity, the mention of explanation after Sub-rule 4 (a) has been omitted.

                                                 It would be pertinent to mention here that in view of the petitioner’s submissions, the Bench observed that, “This should not have been permitted to be done by the State government. The availability of narcotics including liquor, wine should not be readily available. These liquor vends should be far away from the educational institutions, busy hubs, commercial centers, hospitals, factories, temples etc.” Very rightly said! There can be no denying it!

                                        Truth be told, the Bench then enlarged the scope of the petition in larger public interest to ensure that no liquor vend is issued licence, opened, and operated in contravention of these rules. During the course of the hearing, it also interacted with the police authorities in the State, and expressed its concerns with regard to the availability of charas, heroin and artificial drugs to the students community in the State. It lamented the fact that “drug abuse has broken the social fabric and has destroyed number of families”, and directed the officers to sensitize the entire police force to ensure that drugs are not available to the students.

                                          Going forward, the Bench was further informed that a Special Operational Group (SOG) has been constituted in each district under his jurisdiction. It however noted several deficiencies in the machinery put together by the State, observing, “There are no special check posts to check the smuggling of drugs/narcotics substances from across the border as well as in the bordering districts of Himachal Pradesh, Uttar Pradesh, Haryana. A startling revelation has been made by the Deputy Inspector General that there is only one Drug Inspector available in the entire Kumaon Range. There are no rehabilitation centers in the entire Kumaon Region for rehabilitation of the youth addicted to drugs. There are no sufficient number of psychiatrists for counseling in the hospitals. There is no separate ward earmarked for rehabilitation of drug addicts.”

                                      Needless to say, the Court then opined that kingpins of the trade should be booked under the provisions of Money Laundering Act, 2002. It in fact went on to direct the Principal Secretary (Home) to the Government of Uttarakhand to issue directions to all investigating officers in the State to take recourse to Section 27A (punishment for financing illicit traffic and harbouring offenders) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for charging those accused of such activities in order to curb the menace of drug abuse.

                               Having said this, it is now time to dwell upon the mandatory directions which were issued by the Bench of Uttarakhand High Court before disposing of the  petition. Those directions are as follows: –

   Constitution Of Special Protection Groups

A.  The Special Operational Groups shall be headed by an Officer not below the rank of Inspector along with at least 10 police personnel out of which 5 should be women. The S.S.P./S.P. of each district shall be personally responsible to monitor the operations carried out by the Special Operational Group. The Circle Officer of the concerned Circle shall be the Supervising Officer.

  Appointment Of Drug Inspectors Within 3 Months

B.  The State Government is directed to appoint more Drugs Inspectors in each district in cluster of two districts in hill areas and two Drugs Inspectors in each plain district i.e. Dehradun, Haridwar, Udham Singh Nagar and plain areas of Champawat and Nainital within three months from today.

Special Check Post On Indo-Nepal Border

C.   The Director General of Police, State of Uttarakhand is directed to set up special check posts on Indo-Nepal Border to check the free flow of narcotics substances into the State of India from Nepal. The Special Check Post shall be headed by a person not below the rank of Sub Inspector. Needless to add that the check post shall be equipped with the latest state of art equipment i.e. Scanners. The check posts shall be set up within three months from today and the necessary equipments shall be supplied within this period only.  

Special Task Force At Check Posts Adjoining Neighbouring States

D. The State Government is directed to have Special Task Force (STF) at all the check posts adjoining the State of Uttarakhand i.e. Himachal Pradesh, U.P., Haryana etc. to check the transportation of narcotics and more particularly artificial drugs in the State. The units and check posts shall keep a close vigil on the buses, trains and other conveyances in the State of Uttarakhand.

      Uprooting Of Cannabis From The Wild

E.  The State Government is directed to undertake special drives to uproot the cannabis found even in the wild. All the revenue officers, forest officers and elected representatives of Panchayat Raj Bodies are directed to inform the police about the illegal cultivation of cannabis, opium and poppy in their respective areas.

                 Awareness Drives

F.    The State Government is also directed to launch awareness drives to make the people aware of the ill effects of drugs on the society. The District Magistrate of the district shall be the Nodal Officer to make the citizens aware of the ill-effects of the drugs and controlling the same. The State Government shall make sufficient provisions for awareness drives through electronic media, print media, internet, radio television etc.

    Latest Kits To Investigating Officers

G. The State Government is directed to provide latest kits to the Investigating Officers to investigate the matters under the Opium Act, NDPS Act and other allied Acts.

Registration Of Cases Under Money Laundering Act

H. The State Government through the Director General of Police is directed to register cases against the kingpins under the Money Laundering Act, 2002 at the time of lodging the FIR under the NDPS Act and Opium Act and also, if necessary, by attaching their properties provisionally relating to supply of poppy straw, coca plant and coca leaves, prepared opium, opium poppy and opium, opium by cultivator, cannabis plant and cannabis, manufactured drugs and preparation and psychotropic substances including artificial drugs etc.

Rehabilitation Centres In Each District Within Six Month

I.     Since the drugs menace has attained alarming preparation, the State Government is directed to establish Rehabilitation Centers in each district of the State within a period of six months from today. The rehabilitation centers shall provide all the basic necessities to the inmates including boarding, lodging, counseling etc.

Appointing One Psychiatrist For Counseling

J.    The State Government is directed to appoint one Psychiatrist for counseling in each Rehabilitation Center. The Counselor appointed in rehabilitation center shall also visit all the schools falling in his jurisdiction advising the students about the ill effect of drugs.

Counseling Of Students In All Schools

K.   All the educational institutions i.e. government run, government aided, private schools, minority institutions, are directed to appoint the senior-most teacher as the Nodal Officer to counsel the students on every Friday of the month about the ill-effects of drugs. In case, he finds any drugs abuse or symptoms, he shall be at liberty to summon the parents of students. The parents will be sensitized against the drugs abuse in parent-teacher meetings.

One Policeman Around All Educational Institutions

L.   The State Government is directed to ensure one plain clothed policeman from 8AM to 6 PM around all the educational institutions to nab the drugs peddlers and kingpins. The local intelligence units are directed to keep a close watch on the shops including Dhabas, tuck shops, Khokas, tea stalls to ensure that the owners thereof are not permitted to indulge in the sale of drugs etc.

Raiding Of Factories, Industries And Medical Shops

M.         The Drugs Inspector while raiding the factories, industries, medical shops shall be accompanied by a person not below the rank of Circle Officer including the Gazetted Officer from the Food and Supplies Department.

SSP/SP To Personally Monitor All Cases

N. The SSP/SP of the concerned district shall personally monitor all the cases registered under the Opium Act and the NDPS Act, 1985 to plug the loopholes during the course of enquiry and investigation to increase the conviction rate.

Updating Executive Magistrates And Gazetted Officers

O.            The Executive Magistrates and the Gazetted officers throughout the State shall be informed about their duties to be discharged under the NDPS Act more particularly, Section 50 and the latest law laid down by the Hon’ble Supreme Court of India and by this Court from time to time.

Cancellation Of License If Liquor Is Supplied to Minors

P.   The Police Officers shall ensure that no minor is served any drugs, alcoholic beverages in any medical shops, bars restaurants and through vend. No vend shall supply/sell the liquor to any minor. In the eventuality of liquor being supplied/sold to a minor, the license issued for bar/vend shall be cancelled after putting them to notice. This direction shall be complied with by the police force as well as by the Excise Department. The concerned Circle Officer shall visit every medical shop at least within 24 hours to check the supply of drugs to any minor.

Examination Of Respondent Liquor Vend

Q.            The SDM, Almora is directed to measure the distance as per the Rules and the norms prescribed by the State Government within 72 hours. In case, the distance is found less than 100 meters, the State Government shall shift the liquor vend within 7 days from today at an appropriate place and if, it is more than 100 meters, it shall be permitted to operate

Ensuring That All Liquor Vends Comply With The Law

R.  The Secretary, Excise to the State of Uttarakhand is directed to ensure that no liquor vend is situated in violation of the Uttar Pradesh Number and Location of Excise Shop Rules, 1968 as well as the instructions issued by the State Government on 16.06.2008. The necessary exercise shall be undertaken within one week from today.

                              All said and done, it is a landmark judgment with far reaching consequences. It has issued most landmark directives which must be implemented in letter and spirit. To check the young age group from getting immersed in drug abuse, it is imperative that these landmark directives are implemented in its entirety!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

 It is most dismaying, degrading and disappointing to note that shocked at the absolute pathetic state of shelter homes like Nari Niketans and Children Homes where many inmates, including a deaf and dumb girl, was subjected to rape and forcible abortion, the Uttarakhand High Court in a recent case titled Shivangi Gangwar v State & others Writ Petition (PIL) No. 07 of 2016 dated May 23, 2018 while expressing its shock has been compelled to passed a string of directions ranging from regular inspection of such custodial institutions, segregation of normal and mentally ill inmates to strict action against those employing children for begging or drug peddling or anyone meting out corporal punishment to children in child care institutions and loans to the inmates of After Care Organization to set up entrepreneurial activities.

Introduction

Let me begin at the very beginning by first and foremost pointing out that in a latest landmark judgment by the Bombay High Court titled Mr Ali Abbas Daruwala v/s Mrs Shehnaz Daruwala (Writ Petition No. 114 of 2018 with Civil Application No. 518 of 2018) which was pronounced on May 4, 2018, the Bombay High Court has held that merely because parties are governed by the Muslim Personal Law, it should not be an impediment in the wife invoking provisions of the Domestic Violence Act. In other words it implies that the wife even if governed by the Muslim Personal Law is fully entitled to invoke the provisions of the Domestic Violence (DV) Act whenever she finds it necessary to do so. Justice Smt Bharati H Dangre who was hearing the case held in no uncertain terms that there is no embargo on a court to grant relief to a woman who is an “aggrieved person” within the meaning of the DV Act, merely because she is a Muslim. Very rightly so!

Case Background

While craving for the exclusive indulgence of my esteemed readers, let me inform here that the Bombay High Court was hearing a writ petition filed by one Ali Abbas Daruwala who had challenged a judgment delivered by the Family Court of Bandra dated June 22, 2017, wherein the wife’s application for maintenance was allowed. The Family Court of Bandra in its judgment had directed Ali Abbas to pay Rs 25,000 per month to the wife and Rs 20,000 per month each for both their kids towards maintenance. Ali Abbas then decided to appeal to the Bombay High Court against this judgment. Ali Abbas who is the petitioner and who is aggrieved by the said order prays for quashing and setting aside the said order on the ground that the Family Court has exceeded its jurisdiction in passing the said order.

For my esteemed readers exclusive indulgence, let me also inform them that in 2015, Shehnaz filed a petition for divorce under the Dissolution of Marriage Act, 1939 before the Family Court in Bandra. She prayed for getting the custody of their children, maintenance and accommodation. She also filed a separate application for maintenance and accommodation which was opposed by Ali Abbas in an application under Order 7 Rule 11(a) of the Civil Procedure Code.

Truth be told, this application was rejected and the wife again filed an application for maintenance and accommodation on May 20, 2016. Thereafter, it was claimed by the husband that he gave her a talaq on March 29, 2017 considering how she was asking for a divorce before the family court. He also stated that Shehnaz initially accepted the amount of Mehar that was returned, only to give it back in May. In June 2017, the respondent wife filed an application under Sections 12, 18, 19, 20, 22 and 23 of the Domestic Violence Act, 2005.

Submissions Made

Be it noted, the petitioner’s advocate Anagha N Nimbkar submitted before the Court that both parties are governed by the Personal Law (Shariat) Application Act, 1937, the Dissolution of Muslim Marriage Act, 1939 and the Muslim Women (Protection of Rights on Divorce) Act, 1986. She submitted that the divorce in the said case is sought under the Dissolution of Muslim Marriage Act by way of a ‘Khula’, which is divorce by consent at the instance of the wife in which she gives or aggrieves to give a consideration to the husband for release from marriage. Nimbkar further submitted that the divorce was sought exclusively under the Dissolution of Muslim Marriage Act, which does not have provisions for ancillary reliefs, unlike the Domestic Violence Act. 

It would be pertinent to mention here that while appearing for the respondent-wife, Tanbon E Irani submitted that the provisions of the Protection of Domestic Violence Act do not create any restriction on the wife to invoke the provisions of the Protection of Domestic Violence Act do not create any restriction on the wife to invoke the provisions of the said enactment on the ground that she is governed by Muslim Personal Law. She also submitted that the talaqnama was not accepted by her client and relied on the judgment of the Apex Court in Shayra Bano v Union of India & Ors to prove that talaqnama is not valid. 

It is noteworthy that though the learned counsel for the petitioner had vehemently argued that the parties are governed by Muslim Personal Laws and therefore the provisions of the Domestic Violence Act cannot be invoked. But Mrs Tanbon Irani submitted that there is no intention of the legislature to restrict the provisions of Protection of Women from Domestic Violence Act, 2005 to a particular category of women to specifically exclude the women belonging to the Muslim religion.

Judgment Delivered

As it turned out, on the applicability of the Domestic Violence Act in this case, the Bombay High Court noted that, “The scheme of the enactment does not restrict the applicability of the provisions of the Act to a particular category of women, nevertheless to a woman belonging to a particular religion. No doubt the Muslim women are also governed by several other enactments in the form of Muslim Women (Protection of Rights on Divorce) Act, 1986, Dissolution of Muslim Marriage Act, 1939 etc., however, the rights conferred under the said enactments can in no way curtail the operation or protection granted under the Protection of Women from Domestic Violence Act.”

Going forward, the Bombay High Court also concluded that if both parties are governed by Muslim Personal Law, it is not an impediment in the wife invoking the jurisdiction of the court under the provisions of the Domestic Violence Act and there is no embargo of the said court to confer the relief on the woman, who is an “aggrieved person” within the scope and meaning of the Act, merely because she belongs to Muslim religion. It also held categorically in para 8 of its landmark judgment that, “Perusal of the provisions of the Protection of Women from Domestic Violence Act, 2005 would reveal that it is an enactment to provide for more effective protection for rights of women guaranteed under the Indian Constitution who are the victims of the violence. The enactment no way intends to restrict its application to any particular category of women but it intends to protect the women aggrieved, who are victims of Domestic Violence.”

It was also held in the same para that, “The definition and connotation of “Domestic Violence” under Section-3 of the enactment do not indicate any intention either express or implied to exclude Muslim women. Section-36 of the said enactment provides that the provisions of the Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. Thus, the scheme of the enactment do not restrict the applicability of the provisions of the Act to a particular category of women, nevertheless to a woman belonging to a particular religion. No doubt the Muslim women are also governed by several other enactments in the form of Muslim Women (Protection of Rights on Divorce) Act, 1986, Dissolution of Muslim Marriage Act, 1939 etc., however the rights conferred under the said enactments can in no way curtail the operation or protection granted under the Protection of Women from Domestic Violence Act.”

It also cannot be lost on us that in para 10 of this landmark judgment by the Bombay High Court, it was specifically held that, “The purpose of any provision of law which is beneficial to a woman is to provide some solace to a woman during the subsistence of the marriage or even after she is divorced out of the said marriage and since the Domestic Violence Act is an enactment to provide effective protection of rights of woman, who are victims of violence, the respondent-wife cannot be denied the umbrella of the said legislation.” 

Thus, we find that the husband’s challenge to order directing him to provide maintenance was dismissed. The court also noted that wife has no shelter, has been subjected to vagrancy and is unable to maintain herself and her children and in such circumstances the impugned order cannot be faulted with and their appears to be no illegality or perversity in the said order which would warrant any interference at the instance of this order. The impugned order was thus upheld!

Conclusion

All said and done, it is an excellent judgment which must be emulated by all the courts in India. It specifically provides for protection of Muslim women from the domestic violence. It also makes it clear that just like any other woman, a Muslim woman who is governed by provisions of Muslim Personal Law can also invoke the provisions of the Domestic Violence Act wherever genuine and seek relief. It is made absolutely clear by the Bombay High Court that she is not barred in any way from seeking relief in such genuine cases!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Coming straight to the crux of the matter, it must be candidly acknowledged that there have been long standing demand for making BCCI a public body from various quarters. The Law Commission of India recommended to the government on April 18 in its 275th report titled “Legal Framework: BCCI vis-à-vis Right to Information Act, 2005” which it submitted to the Ministry of Law and Justice that the 90-year-old Board of Control for Cricket in India (BCCI) should be declared a public body. This report has been prepared pursuant to the directions issued by the Supreme Court of India in the landmark case of Board of Control for Cricket v Cricket Association of Bihar & Ors, (2015) 3 SCC 251 which also ensured that the Lodha Committee was formed to suggest reforms in the BCCI.

It is extremely important to note that the Lodha Committee headed by former CJI RM Lodha came out with a report dated 18 December 2015 recommending several steps and measures to streamline the working of the BCCI. The Lodha Committee found the BCCI to be lacking in fairness and transparency and proposed measures to ensure transparency. It felt that the people of the country have a right to know the details about the BCCI’s functions and activities. This further necessitated bringing BCCI under the RTI Act and making BCCI a public body. In July 2016, the Supreme Court passed another landmark judgment titled Board of Control for Cricket vs Cricket Association of Bihar & Ors authored by the then CJI TS Thakur along with Justice Fakkir Mohamed Ibrahim Kalifulla accepting gracefully most of the recommendations of the Lodha Committee.

There can be no gainsaying that the Law Commission of India was absolutely direct in recommending to the government that the 90-year-old Board of Control for Cricket in India (BCCI) should be declared a public body. Also, it recommended that the Right to Information (RTI) Act be made applicable to BCCI along with all of its constituent member cricket associations, provided they fulfil the criteria applicable to BCCI. In addition, it also recommended that the BCCI should be held accountable, under all circumstances, for any violation of basic human rights of the stakeholders. 

Needless to say, the Board’s monopolistic activities, directly and indirectly, affect the fundamental rights of citizens, players and other functionaries. This has been complained also many times even by prominent persons including former cricketers. The Law Commission of India said in its 128 page report handed over to Union Law Minister Ravi Shankar Prasad that a private citizen should be able to move the highest court against the BCCI for any violation of his fundamental right. In other words, the BCCI must be held accountable for its actions and should not be given immunity from all the accountability that it owes towards private citizen among others.

To be sure, the Law Commission of India said the Board has been “flying under the radar of public scrutiny and encouraged the environment of opacity and non-accountability”. BCCI too must be held accountable for all its actions and taken to task for all its lapses. This environment of opacity and non-accountability must be replaced with more transparency and accountability because this alone can ensure that BCCI functions properly and meet the high expectations that people pose in it! 

Simply put, the Law Commission was of the view that the BCCI has created “an impression in the minds of the general public that corruption and other forms of malpractices are adversely affecting one of the most popular sports played in India.” In no uncertain terms, the Law Commission of India categorically recommended that, “The BCCI should be held accountable, under all circumstances, for any violations of basic human rights of the stakeholders”. There can be no denying or disputing it.

As it turned out, the Law Commission which is the government’s highest law advisory body concluded that the BCCI exercises ‘state-like’ powers in the regulation of cricket, and thus comes under the definition of ‘state’. Very rightly said! Moreover, even if BCCI is continued to be regarded as a private body, but owing to its monopolistic character coupled with the public nature of its functions and the ‘substantial financing’ it has received from appropriate Governments over the years (in the form of tax exemptions, land grants et al) it can, within the existing legal framework, still be termed as a ‘public authority’ and be brought within the purview of the RTI Act. Be it noted, the Law Commission of India headed by Justice BS Chauhan has recommended that BCCI should be classified as “state” under Article 12 of the Constitution so that it is answerable to the authorities like the Supreme Court. It also expressly recommended that RTI Act be made applicable to the BCCI along with all of its constituent member cricketing associations, provided they fulfill the criteria applicable to BCCI.” It may be recalled that it was in July 2016 that the Supreme Court asked the Law Commission of India to recommend whether the body can be brought under the ambit of RTI or not. 

Truth be told, the BCCI virtually acts as a National Sports Federation (NSF). The Law Commission recommended that the Ministry website should explicitly mention BCCI in the list of NSFs. This the Law Commission said would automatically bring it within the purview of the RTI Act.

It would be imperative to mention here that while listing some of the reasons why it concluded that the BCCI is a “limb of the state”, the Law Commission pointed out how the cricket board as an entity, is permitted de facto by the state to represent the country at the international stage. It selects the Indian cricket team. The selected players wear the national colours and are the recipients of Arjuna awards.

Truly speaking, the Law Commission of India noted that, “An analysis of the functioning of BCCI also shows that the government does exercise control over its activities and functioning.” As for instance, BCCI falling in line with the foreign policy of Indi, did not recognize a player from South Africa due to their practice of apartheid; and that the cricket matches between India and Pakistan in view of tense international relations were made subject to government approval. The foregoing positions BCCI as a ‘limb of the state’. The Law Commission in its report said that, “It is hereby recommended that the BCCI be viewed as an agency or instrumentality of the state, under Article 12 of the Constitution, thereby making it amenable to the writ jurisdiction of the Supreme Court under Article 32.” 

It cannot be lost on us that the ICC recognizes BCCI as the ‘official’ body representing India and neither the government nor BCCI have ever challenged, discussed or changed the status. The Law Commission also highlighted the political significance that is wielded by the BCCI. It minced no words in saying that, “On several occasions over the years the post of the President of BCCI was occupied by a politician owing allegiance to the then governing political party.”

Going ahead, the Law Commission underlined how the BCCI has enjoyed tax exemption which amounted to INR 21,683,489/- (INR Twenty-one billion six hundred eighty-three million two hundred thirty-seven thousand four hundred eighty nine. It concluded that the government has provided the Board with “indirect substantial funding” by means of tax exemptions, subsidies, concessions and providing land at “paltry” lease amounts. The Law Commission said categorically and convincingly that, “If the government is foregoing a significant amount of money, which otherwise would have been deposited in the National/State Exchequer, it would quantify as indirect substantial funding by the government. It would follow that the body/entity receiving such benefits would be a ‘public authority’, even though it may be a private, non-statutory or non-government body.” 

To recapitulate, the Law Commission of India made some very important recommendations in its 275th report as we have discussed above. These recommendations are worth implementing. Briefly stated, some of the pertinent recommendations are as follows: –

1. Non-consideration of the role played by BCCI as monopolistic in regulation of the game of cricket has resulted in the Board flying under the radar of public scrutiny, encouraged an environment of opacity and non-accountability. In the past, this has probably given an impression in the minds of the general public that corruption and other forms of malpractices are adversely affecting one of the most popular sports played in India. BCCI exercises ‘State-like’ powers affecting the fundamental rights of the stakeholders, guaranteed under Part III of the Constitution. It is hereby recommended that BCCI be viewed as an agency or instrumentality of State, under Article 12 of the Constitution, thereby making it amenable to the writ jurisdiction of the Supreme Court under Article 32.

2. Human rights are sacrosanct and innately associated with the human personality. These rights are continually evolving, are to be respected by, and can be enforced against not only the ‘State’ but also private bodies/entities. Therefore, the BCCI should be held accountable, under all circumstances, for any violations of basic human rights of the stakeholders.

3. BCCI virtually acts as a National Sports Federation (NSF). Its own Memorandum of Association states that the Board’s objects and purposes are to control, improve quality, lay down policies pertaining to the game of cricket in India as well as select teams to represent India at international for a. Moreover, as per the statement made in the Lok Sabha, the Central Government has already been regarding BCCI as a National Sports Federation and hence, it is recommended that, for the removal of any doubt, the same be explicitly mentioned in the list of NSFs available on the ministry’s website. This express mention would automatically bring BCCI within the purview of RTI Act. Other sports bodies listed as NSFs’ in Annual Report 2016-17, 177 of the Ministry of Youth Affairs and Sports available on its website do attract the provisions of the RTI Act. This website also contains information regarding (Chief Public Information Officer) CPIOs and Appellate Authorities catering to RTI requests addressed to specific NSFs. 178. In light of the above stated facts, since all other sports bodies which are listed as NSFs are covered under the RTI Act, it is inconceivable as to why BCCI should be an exception.

4. Additionally, it is recommended that RTI Act be made applicable to BCCI along with all of its constituent member cricketing associations, provided they fulfil the criteria applicable to BCCI, as discussed in this Report.

All said and done, the recommendation made by the Law Commission of India in its 275th report is a landmark one and must be promptly implemented. It brooks no more delay now. BCCI must be made a public body as the Law Commission of India has very rightly recommended. The report rightly points out that, “The existence of a right to have access to government information is increasingly accepted around the world, both at the domestic and international levels. With countries such as Mexico and Paraguay designating the ‘right to information’ as the “human right of access to information”. At the domestic level, a right to information was seen to be finding its place in the Constitutional law of several nations, and since the early 1990s, there has been a huge upsurge in the number of States adopting Freedom of Information laws. There is now widespread acceptance of the right to information being an essential part of free expression; found in Article 19 of the International Covenant on Civil and Political Rights (ICCPR), and the regional human rights treaties in Africa and the Americas.”

Interestingly enough, under the UK Freedom of Information Act 2000 (FOI), the Secretary of State has the power to designate any person who appears to exercise functions of a public nature as a public authority. In this manner, anybody performing public functions or functions of a public nature can be covered under the ambit of the FOI Act. In Mexico, the General Act of Transparency and Access to Public Information referring to ‘right to information’ as the “human right of access to information” lays down rather exhaustive criteria for inclusion of ‘individuals and legal entities who receive and use public resources and exercise acts of authority’. Article 81 thereof requires the concerned agency to take into account factors such as “if a governmental function is performed, the level of public funding, the level of regulation and government involvement, and whether the government participated in its creation”.

It is time to now wind up. Before that let me leave my readers with what is enunciated in Para 4.9 of the 275th report of the Law Commission of India. It states that, “The right to information is a basic right that buttresses good governance, democracy and the practical realisation of human rights. Good governance is not achieved simply by having efficient government or even a democratically elected government. Freedom of information and the assurance of widespread citizen participation in public affairs and an active civil society are essential for the full realisation of democracy and to develop a culture of human rights and accountability. The recognition of right to information is crucial for achieving these ends, hence there is a need for a guaranteed and legislated right to information.” 

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

It must be stated at the very outset that no sane person will ever approve of the “fast politics” that has been triggered now even for Parliament not being able to function properly. First, it was Congress party under the leadership of Rahul Gandhi who went on fast for few hours to protest against government policies and now it is PM Narendra Modi and BJP President Amit Shah who went on fast for a day on April 12 to protest against frequent disruptions in Parliament. This is really nothing but a theatre of the absurd!

                                           Why can’t Parliament enact the most strictest of rules for expelling all those MPs and MLAs who disrupt proceedings and don’t allow the Parliament or State Assembly to function properly not just for few years but for life? Why can’t the Parliament enact a law deducting the complete salary of all MPs and MLAs whenever they indulge in disruptions? Why can’t Parliament enact a law by which those disrupting Parliament are sentenced to jail for at least 10 years if not 14 or life term?

                                                Why can’t Parliament enact a law by which MPs and MLAs would not be able to hike their own pay at their own whims and fancies? Why can’t Parliament enact a law prescribing minimum educational qualifications for becoming an MP and MLA even though for other services at lowest level graduate is the minimum qualification? Why can’t Parliament enact a law barring all such candidates from becoming MPs and MLAs against whom even FIR is lodged in any police station just like this strictest rule exists for other services like for Army, Police, Judge etc?

                                              Why are politicians given the long rope in exempting them from all rules and regulations? Why can’t Parliament enact rules to put an end to it? Why any dacoit or robber or murderer or rapist or any other criminal barred from acquiring any government job but are free to contest elections to become an MP or MLA even from jail? Is this not the biggest mockery of democracy?  Why can’t Parliament enact rules to oversee how MPs and MLAs spend their funds and how they use their discretionary powers?     

                                             Why can’t Parliament enact rules to end the membership of all those MPs and MLAs who are found to be indulging in any kind of conduct that brings a disgrace to democracy like leading a violent procession or giving communal speeches etc? Why can’t Parliament enact rules to bar a MP or MLA for life if he/she indulges even in a single act of indiscipline as we see in case of other professions? Why can’t Parliament not enact rules to bar MPs and MLAs who speak out of turn and shout over each other permanently from contesting elections when the service rules in case of other services are so strict that if anyone dares to speak even slightly the service rules are immediately imposed on him/her and his/her services are terminated?

                                       Why can’t Narendra Modi who is our PM and BJP national President Amit Shah take a lead in this direction? Why do they not even ever bother to speak on it? Why don’t they realize that just playing “fast politics” is not going to lead the nation anywhere nor will it change the way the Parliament functions?

                                       Why are MPs and MLAs treated above the law? Why are they allowed to become MP and MLA even after going to jail and even after committing the most horrifying of crimes like rapes, gang rapes and murder etc? Why are MPs and MLAs allowed to themselves indulge in pay hiking when we don’t see the same for any other services?  

                                     Why are MPs and MLAs given the unfettered licence to shout, scream and waste thousands of crores of rupees by not allowing Parliament and State Assemblies to function properly and yet not lose their membership nor lose any pay in this whole sordid affair? Why are MPs and MLAs given the unfettered licence to disrupt Parliament and State Assemblies thus rendering them dysfunctional in the name of “right to dissent” just like traitors and shout pro-Pakistani slogans in India and cite the “right to dissent” conferred on them by the fundamental rights under the Constitution? Why is membership and citizenship of MLAs like Akbar Lone not terminated when he openly shouts pro-Pakistani slogans in India?

                                      Why are they allowed to get away by citing one excuse or the other? What message is being sent to politicians? You can get away even after abusing India and adoring Pakistan!

                                        Can this be ever good for our national interests? Why are we the people of India tolerating all this open sham of democracy by allowing these politicians to give a long rope to themselves in all respects?

                                           Why is membership of those MPs and MLAs not terminated who shout at Speaker or Chairperson and rush to the well at the slightest available opportunity? Why all political parties are united not to do anything on this score and just play the farce of “fast politics” which is not the solution to any of the problems plaguing our Parliament and State Assemblies? Why strictest of rules not enacted for MPs and MLAs to ensure that they behave properly like other government servants and do not consider themselves to be above all laws and regulations?

                                               Why PM, Leader of Opposition and other senior MPs not doing anything on this? This is the real rub! This is the root cause why since last 70 years democracy in our country has become a sham and these politicians even after wasting crores of money by not allowing Parliament and State Assemblies to function properly are not touched in any manner and continue to get full pay and enjoy all perks and allowances!

                                     This is what needs to be finished but for which not a single party in India is prepared for which itself explains why we don’t see any discussion on this happening either in Parliament or in any of the State Assemblies! A common man feels most hurt to see all this and feels that MPs and MLAs must be tried for treason when they disrupt Parliament or any of the State Assemblies and all benefits should be withdrawn from them but we see nothing of this happening as everything in India is controlled by these very politicians who are supposed to be the biggest guardians of democracy but in reality are themselves corroding the very base of democracy by not allowing Parliament and State Assemblies to function properly! This must end now if India is to function as a democracy in the true sense which is possible only when the Parliament itself takes the lead in enacting the most strictest rules for MPs and MLAs and not the most liberal rules that are in place right now which is the root cause of all the deepest malaise that has permeated our democratic system and is corroding it from within!

                                            The moot question is: Are the politicians ever really prepared to do this? Never because that will not serve their vested self interests and petty political interests which alone explains that while they want people to give full detail of all their income but are not ready at all to divulge how much money they themselves receive from foreign countries in the name of political donations! Why politicians have their share of pie in every field and why politicians are empowered to withdraw criminal cases against MPs and MLAs whenever any Chief Minister wants thus making a complete mockery of the entire theme of “due process of law” and “law will take its own course”?

                                             Why police is under the direct thumb of politicians who cannot function independently because they have the power to “suspend, transfer or dismiss them” whenever they want and why Parliament never enacts a law to finish all this? Why is CBI not made free from government direct control? Why is police always at the mercy of politicians and can take action only when politicians orders them to which alone explains why riots break out, protests on roads turn violent mostly engineered by politicians themselves yet no police action is seen on the ground?

                                        Why Parliament never enacts law to cancel the registration of a political party for at least ten years if their party members indulge in wanton  violence and killings like we saw when former PM late Mrs Indira Gandhi was assassinated which resulted in backlash and more than 4000 Sikhs were murdered in Delhi alone? Why political parties are not made to pay for all the damage that their party members indulge in when they call for bandhs like we saw just recently on April 2 in which more than 10 people lost their precious lives and thousand of vehicles broken and rail tracks smashed and even courts were not spared? Why the registration of such political parties not cancelled for 15 or at least 10 years whose members resort to unprovoked burning of railway stations, burning of police stations, burning of public property, burning of private vehicles, etc which makes a complete mockery of our democratic system which is worse than even dictatorship and yet such political parties very conveniently blame individuals and distance themselves from the ghastly violence indulged into by their members?

                                 Parliament is squarely responsible for all this by not making strictest rules for MPs and MLAs in the last 70 years of independence! Just going on token fast is not going to benefit our country in any manner except point scoring which one political party scores over the other by resorting to such abhorrent gimmicks! Prime Minister is the leader of the country and must rise above all this sham! He must take real concrete actions that will benefit our nation in the longer term but that till now just remains a pipe dream and nothing else!  

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

It must be said right at the outset that the Supreme Court which is the highest court in India has in a landmark decision titled The State of Meghalaya & Anr etc v Phikirbha Khariah & Ors etc  which was delivered on April 6, 2018 very rightly suggested the Centre to videograph all selection proceedings by the Public Service Commission and State Selection Boards. The Supreme Court felt compelled to order this landmark decision as it felt extremely concerned over the serious irregularities reported time and again in selection to public posts. It would certainly not be an exaggeration if it is said that this should have been the norm right from the beginning and not after the top court felt compelled to order this!

                                         While craving for the exclusive indulgence of my esteemed readers, let me inform them that in an order passed recently, the Apex Court has even asked the Department of Personnel and Training (DoPT) to explore the possibility of installing CCTV’s at the venues where examination and interview takes place to ensure that in the event any illegality surfaces, the CCTV footage could be verified by an independent committee of experts. It makes eminent sense to implement what the Supreme Court has so very rightly ordered. This will certainly go a long way in ensuring more transparency which is the need of the hour also and so should not be opposed by any sensible person.

                                                   For my esteemed readers exclusive indulgence, let me also inform them that the landmark decision of the Apex Court has come amid reports of the question papers of the common Staff Selection Commission (SSC) examination been leaked in which lakhs of students took part. The Centre has handed over the probe into the alleged scam to the Central Bureau of Investigation (CBI). One hopes that the CBI gets to the bottom of the matter and makes sure that those involved in it are sent behind bars as early as possible!       

                                      To put things in perspective, the case before the Supreme Court resulted from two separate cases arising from Karnataka and Meghalaya in the appointment to public posts. The Karnataka Public Service Commission (KPSC) filled up 362 posts of Group A and Group D officers for which examinations were held in 2012 and interviews conducted in 2013. Later on an enquiry by the Crime Investigation Department, it surfaced that several candidates had bribed persons in the selection committee.

                                     Going forward, the investigation concluded that all members who interviewed the candidates awarded exactly the same 4 marks to particular candidates. There was no objective assessment by individual members and 566 candidates were awarded same marks which appeared to be pre-determined. Digital video recorder in the KPSC building was replaced to destroy evidence.

                                         Truth be told, the other case which to court pertained to irregularities in appointment of assistant teachers in Meghalaya’s Government lower primary schools. It must be revealed here that the Karnataka case with which the Apex Court dealt was titled Avinash C v The State of Karnataka, C.A. NO. 3543-3555 of 2018 which was decided on 4-4-2018. It was held by the Apex Court in this Avinash case that, “All orders of appointment issued pursuant to Final Order Select List dated 21.03.2014 prepared by KPSC are declared illegal and shall stand quashed.”

                                              Now reverting back to the main case, it must be revealed here that the Bench of Apex Court comprising of Justice Adarsh K Goel and Justice Rohington F Nariman minced absolutely no words in concluding categorically and convincingly that, “Such incidents are being reported in several cases. We are of the view that for the purity of selection to the public posts, it is desirable that as far as possible, the selection process conducted by the selection bodies, especially the State Public Service Commissions and State Selection Boards is videographed.” There is a lot of merit in what the Apex Court has said so clearly. What is the harm in getting it videographed when there is just nothing to hide for anyone? Also, why should the selection process not be more transparent?

                                  It is noteworthy that the Bench directed this landmark order to be forwarded to the DoPT for compliance as it even urged the Centre to consider having CCTV cameras installed at the places where the examination and interview takes place. Centre must seriously debate and deliberate on this worthy idea forwarded by the Apex Court and then decide on it at the earliest so that more transparency is ushered in the system process of selecting candidates for different jobs for which the concerned candidates apply! Centre should not just brazenly disregard it as the Supreme Court is the top court which is held in highest esteem all over the country!

                                    It cannot be lost on us that the Judges believed that this will help gather evidence by way of footage to be seen by an independent committee in ruling out possibility of any wrongdoing in the selection process. The report of the committee may then be placed on the website concerned. It was explicitly held by the top court that, “It is desirable that at examination centres as well as interview centres CCTV cameras are installed to the extent viable. Footage thereof may be seen by an independent committee of three members and report of such committee may be placed on the website concerned.”

                                              On a concluding note, there can be no denying or disputing that this must be done at the earliest as the Supreme Court has so rightly desired. No further time should be wasted in doing it. This will promote transparency, accountability and maintain purity in the selection process as has been observed by none other than the top court itself in this landmark case!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Coming straight to the crux of the matter, let me start swiftly moving my pen by first and foremost pointing out that India and Vietnam on March 3, 2018 decided to deepen defence and security cooperation even as they resolved jointly for a free and open Indo-Pacific based on rules-based regional security architecture. This comes in the wake of increasing assertiveness by China in the region from South China Sea in the South Asian region. India and Vietnam have a long and time tested partnership with each other.

                                          In hindsight, the cultural and economic links between India and Vietnam dates back to 2nd century. India never supported US invasion on Vietnam and openly expressed solidarity with Vietnam. India was one of the few non-communist countries to assist Vietnam during the Cambodia-Vietnamese war. India also supported Vietnam’s independence from France and always favoured unification of Vietnam.

                                   While craving for the exclusive indulgence of my esteemed readers, let me inform them that India granted the “Most Favoured Nation” status to Vietnam in 1975. Also, both nations signed a bilateral trade agreement in 1978. In 1993, the Indo-Vietnam Joint Business Council was set up which has been working since then to promote trade and investment. In addition, the Bilateral Investment Promotion and Protection Agreement was signed on March 8, 1997.

                                            For my esteemed readers exclusive indulgence, let me also inform them that in 2003, both nations promulgated a Joint Declaration on Comprehensive Cooperation when the General Secretary of the Communist Party of Vietnam Nong Duc Manh visited India and both nations are now negotiating a free trade agreement. In November 2007, a thirty-three points cooperation was entered into between the two countries which included the following areas: political, defence and security, economic cooperation, commercial arrangement, science and technology, cultural and multilateral and regional cooperation. With the advent of liberalization, the bilateral trade and commerce between India and Vietnam expanded considerably.

                                                As things stand, India is the 13th largest exporter to Vietnam, with exports having grown steadily from $11.5 million in 1985-86 to $395.68 million by 2003. Vietnam’s exports to India rose to $180 million, including agricultural products, handicrafts, textiles, electronics and other goods. Between 2001 and 2006, the volume of bilateral trade expanded at 20-30% per annum to reach US$1 billion by 2006.

                                       To be sure, in 2010, as the ASEAN-India free trade agreement came into effect, the bilateral trade exploded to US$3.917 billion by the end of 2012, with Vietnam exporting $1.7 billion to India in 2012 which is an increase of 56.5% from 2011. It also must be noted that as of 2015 the bilateral trade between India and Vietnam stood at US$7 billion and both countries have agreed on a target of US$20 billion by 2020.   

                                         It cannot be lost on us that India and Vietnam are both members of the Mekong-Ganga Cooperation which was created to develop and enhance close ties between India and nations of Southeast Asia. Vietnam has fully supported time and again India’s bid to become a permanent member of the UN Security Council and also favoured India’s joining the Asia-Pacific Economic Cooperation. India too has always warmly reciprocated this fine gesture and reiterated India’s support for Vietnam in all international matters!

                                      It would be of immense significance to note here that Vietnam has fully and firmly backed increasing the significance of the relationship between India and the Association of Southeast Asian Nations (ASEAN) and its negotiations of an Indo-ASEAN Free Trade Agreement. In retrospect, we saw how in the 2003 joint declaration, India and Vietnam envisaged creating an “Arc of Advantage and Prosperity” in Southeast Asia to this end. India and Vietnam have also built strategic partnerships which is quite visible when we see how this is quite evident in various fields including extensive cooperation on developing nuclear power, enhancing regional security and fighting terrorism, transnational crime and drug trafficking.     

                                            To put things in perspective, Vietnam has also welcomed Indian Navy ships in their region which would enhance India and Vietnam military relations. Vietnam has also welcomed Indian support for a peaceful of the territorial disputes in the South China Sea. Former Foreign Minister Salman Khurshid had while according high importance to Vietnam called it as one of the key pillars of India’s “Look East” policy.

                                             It is noteworthy that India is providing a $100 million credit line to Vietnam that allows Vietnam to buy defence equipment from India. During his visit to Vietnam on 2 September 2016, India’s PM Narendra Modi announced a new line of credit US$500 million for procurement of defence equipment. India is also cooperating with Vietnam in defence in many other fields like giving it 4 large patrol vessels that will enable it to patrol its waters and also Brahmos short range cruise missiles.

                                    Not just this, India is also setting up the Satellite Tracking and Imaging Centre by Indian Space Research Organisation in Southern Vietnam for intelligence gathering to keep an eye on China. Also, Indian Army personnel have been actively providing training to Vietnamese military personnel to work in the UN peacekeeping force. India also trains Vietnamese Sukhoi pilots along with other military personnel. Apart from these, India is helping Vietnam in many other respects!

                                PM Narendra Modi said that, “Defence is an important aspect of our relationship and today we decided to have cooperation in the field of defence production. We will also explore the possibility of co-production and transfer of technology.” Quang said that, “Both sides have agreed to work closely to address regional security challenges including in the domain of maritime and cyber security”. India ranks 28th among the 126 countries and territories that invested in Vietnam in 2017 with 168 projects and total registered capital of$756 million.

                                              Now coming to the present, India and Vietnam on March 3, 2018 decided to work together for an open and prosperous India-Pacific along with an efficient and rules-based regional security architecture, seen as a subtle message to China over its growing military expansion in the region. The Vietnamese President Tran Dai Quang who was on a three-day state visit to India said that he supports India’s multi-faceted connectivity with ASEAN. He also stressed on the need for freedom of navigation and overflight and underlined disputes must be resolved through peaceful and diplomatic means.  Quang also met former PM Dr Manmohan Singh and Congress Parliamentary Party leader Sonia Gandhi and held discussions on ties between both the countries.        

                                             Be it noted, Vietnam President Tran Dai Quang arrived at New Delhi on March 2 after a brief stopover at Bodhgaya. On March 3, he held meetings with President Ram Nath Kovind, PM Narendra Modi and External Afairs Minister Sushma Swaraj. He also delivered a special address on March 4 at the Indian Council for World Affairs.

                                          As is well known, the  Vietnamese Ambasador to India Toh Sinh Thanh said to media while briefing on the visit that, “There are some positive developments, especially on the framework on Code of Conduct (CoC) in South China Sea (SCS). The framework has been approved both by ASEAN and China and they have committed to start negotiations on the details of CoC. I think on ground there is still a lot of work to be done.” He also said that, “Together with India we are the fastest growing economy. We have strong and effective defence cooperation. We are keen on buying defence equipment for the Navy.”

                                         Interestingly enough, the Ministry of External Affairs said in a statement that, “President Quang’s visit will further deepen Comprehensive Strategic Partnership between India and Vietnam.” The visit takes place nearly a month after Vietnamese Prime Minister Nguyen Xuan Phuc was in New Delhi to attend the India-ASEAN Commemorative Summit and Republic Day parade along with other ASEAN leaders. Among the three agreements signed on March 3, 2018, the MoU on economic and trade cooperation will facilitate establishment a framework for enhancing economic and trade promotion, the pact in agriculture is a work plan for 2018-2022 to promote cooperation in transfer of technology and exchange of visits of technical experts in the fields of agriculture  and MoU on Cooperation between the Global Centre for Nuclear Energy Partnership, India (GCNEP) and the Vietnam Atomic Energy Institute (VINATOM) is to strengthen the technical cooperation in the field of atomic energy for peaceful purposes.

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh. 

Introduction

                                                 Coming straight to the nub of the matter, let me start scribbling my pen by first and foremost pointing out that the inaugural summit of the International Solar Alliance (ISA) in New Delhi on March 11 with 40 heads of state in attendance was an impressive showcase for Prime Minister Narendra Modi’s leadership of the global renewable energy agenda which also reiterated India’s firm and full commitment to it. ISA is an alliance of 121 countries located between Tropic of Cancer and Capricorn. Invitations had been sent to 50 signatories including 21 countries that have ratified the ISA treaty.

                             How ISA Evolved?

                                         To put things in perspective, the ISA is an outcome of an idea which PM Narendra Modi presented officially at the United Nations Climate Change Conference in Paris in 2015 and which envisages the direct and active involvement of 121 countries that were situated either fully or partially between the Tropic of Cancer and Capricorn which is essentially Earth’s sunbelt. Along with 121 countries there are organizations from Africa, Southeast Asia and Europe which are directly and actively involved in it. India and France are thee co-founders of the alliance to promote solar energy.

                                        It must be mentioned here that between 2008 and 2010, Narendra Modi who was the then Gujarat Chief Minister had approached the then Prime Minister of India – Dr Manmohan Singh with a concept called Sun-Son. It would be a group of Asia Pacific country researching and developing solar energy which has many benefits. But Centre led by Dr Manmohan did not take up this idea then. But now we see how it has evolved and it needs no rocket scientist to conclude that ISA is inspired by Sun-Son.

                            To recapitulate, the ISA was established on December 6, 2017. On 11 March 2018, Prime Minister Narendra Modi hosted the Founding Conference of the ISA in New Delhi during which the participating States adopted the Delhi Solar Agenda. In his speech at the conference, PM Modi outlined a ten point agenda in terms of way forward and in particular called for making the ISA Secretariat strong and professional. 

                                   ISA was signed by nearly 200 countries in December 2015 in an effort to curb global greenhouse gas emission and limit global warming to within 2 degrees Celsius. In November 2017, Syria signed the deal leaving the US as the only country in the world not to support the framework deal to combat greenhouse gas emissions.       

                                Object of ISA

                                        It must be underscored that the key object of ISA is to make available solar energy at an affordable rate, create solar grids and establish solar credit mechanism. This was revealed by officials to media. According to the ISA’s working draft, its aim is to “ensure access to affordable, reliable, sustainable, and modern energy for all.” The ISA also aims to substantially increase the share of renewable energy globally by 2030.

                                                It must be underlined here that the ISA framework very explicitly says that, “Enhance international cooperation to facilitate access to clean energy research and technology, including renewable energy, energy efficiency and advanced and cleaner fossil fuel technology and promote investment in energy infrastructure and clean energy technology.” Also, a statement from the ISA Secretariat clearly reads as follows: “The vision and mission of the International Solar Alliance is to provide a dedicated platform for cooperation among solar resource rich countries where the global community, including bilateral and multilateral organizations, corporate, industry, and other stakeholders, can make a positive contribution to assist and help achieve the common goals of increasing the use of solar energy in meeting energy needs of prospective ISA member countries in a safe, convenient, affordable, equitable and sustainable manner.” The ISA Secretariat is based in Gurgaon where PM Narendra Modi and the then French President Francois Hollande had laid the foundation stone in 2016.

                                        Upendra Tripathy who is interim Director General of ISA while mentioning the key aims of the summit elucidates that, “The summit celebrates ISA’s birth. It aims to bring together member countries, to mobilize more than $1000 billion by 2030. The ISA will generate a trillion dollar global solar market. The summit will generate political support for solar road maps of member countries in areas of demand aggregation, innovation, standards, quality control, research and development, and capacity building.” India has set an ambitious target of installing 175 GW of renewable energy, including 100 GW from solar by 2020 as announced by PM Modi at the joint launch of the ISA with then French President Francois Hollande on November 30, 2015. The ISA’s major objectives include global deployment of over 1,000 GW of solar generation capacity and mobilization of investment of over $ 1 trillion into solar energy by 2030. 

                            India’s Contribution

                                      Truth be told, India will contribute $27 million to the ISA to create a corpus, build infrastructure and for recurring expenditure over five years (FY17 to FY21). The Solar Energy Corporation of India (SECI) and the Indian Renewable Energy Development Agency have contributed $1 million each to create the ISA corpus. India’s Ministry of External Affairs, through its Development Partnership Administration program, has set aside $1.5-2 billion, as a line of credit facility to undertake solar projects in African countries that have signed and ratified the ISA Framework Agreement.         

                                     As a part of its climate change commitments, India has said that by 2020, 40 percent of its energy will come from renewable resources. India will do whatever it can to contribute fully to the ISA which is the brainchild of none other than the PM Narendra Modi himself. India has reiterated this time and again before the world community and by its acts has demonstrated also its firm and full commitment to it. Modi also announced a Solar Technology Mission that will look at the various aspects of technology development and innovation in the area of solar energy.

                                        In addition, the PM presented 10 action points, including making affordable solar technology available to all nations, raising the share of electricity generated from photovoltaic cells in the energy mix and framing regulations and standards to support the initiative. The PM also announced that 500 training slots will be created for member countries to lead research and development.

                                        Lauding India for taking lead in scaling up its solar power generation capacity, French President Emmanuel Macron said renewable capacity has within two years gone up from 39 GW to 63 GW, while that of solar energy has soared by 140 percent. Macron while hailing India’s contribution said that, “India proves that it is possible. What you are in the process of succeeding in doing is being watched by the entire world. You are attracting investment, you are supporting them, you are training young people and so this is what we shall be doing. This is what 121 countries of the alliance in Asia, Africa, Latin America shall be doing.”

                                      Jibe At America

                                          In an indirect reference to the United States President Donald Trump’s decision to pull out of thee Paris Climate Agreement, Macron said that while some countries quit the historic Paris Climate agreement, the ISA nations have come together to “deliver complete results”. He further added that, “They (ISA member nations) started to act and to deliver complete results. They didn’t wait, they didn’t stop because few countries decided to just leave the floor and the Paris agreement. Because they decided it was good for them, their children and grandchildren and they decided to act and keep acting.”                           

              India To Help 15 Nations Tap Sun

                                    In what can unquestionably be termed as India’s biggest proof of its commitment to ISA is Prime Minister Narendra Modi pledging to fund 27 solar projects worth $1.4 billion in 15 countries through Lines of Credit. This is in addition to the projects worth $143 million that are already under implementation in 13 countries. India will be helping these countries, most of which are in Africa, in rural electrification, mini-grid and off-grid usage, irrigation, street lighting etc.

                                   ISI A True Game Changer

                              What truly makes ISI a true game-changer is that it is a partnership of countries lying fully, or partially, between the tropics, mostly developing countries, which despite being endowed with excellent solar insolation, are among the most energy poor. It is here that ISI will help these countries in tapping their energy potential to the maximum possible extent. In coming together, these countries can work together to find locally appropriate solutions, aggregate demand to suitably modified technology that is affordable and access financial resources necessary for large-scale deployment. In that direction, ISA encapsulates the spirit of Paris Agreement: what every country can do and how we can do better together. Not only is the ISA alliance the most concrete outcome of the Paris Agreement, it is also key to achieving the 2030 Sustainable Development Goals (SDGs). In ensuring the deployment of solar applications, ISA can certainly usher in transformational change which is a shift to more sustainable systems of production and consumption while simultaneously also bringing millions of those unserved by modern energy and economic systems into the fold.   

                              ISA Leaders In Delhi Declaration

                                         In the Delhi Declaration, the leaders of the founding States of the ISA emphasized on the need for sensitization and awareness building on the advantages and opportunities for promoting alternative energy at all levels as reflected in the ISA’s Framework Agreement. The ISA member States also agreed to increase their efforts to pursue an increased share of solar energy in the final energy consumption in their respective national energy mix, as a means of tackling global challenges of climate change and as a cost effective solution by supporting and implementing policy initiatives. They committed to facilitate affordable finance, access to appropriate, clean and environment friendly technology and undertake capacity building, including forging partnerships with international institutions and financial institutions for the benefit of developing countries.

                    Priorities Outlined By France

                                  The French President Emmanuel Macron said three primary things need to be done. Firstly, identify solar energy potential in each country, their projects and financing requirement. Secondly, mobilize available finance and thirdly, to provide a favourable framework. Needless to say, all the ISA countries will now certainly strive in this direction to see that these three primary things that have been outlined by Macron are done at the earliest.

    Countries That Have Signed, Ratified ISA

Australia, Bangladesh, Comoros, Cote d’ Ivoire, Cuba, Dominica, Fiji, France, Gabon, Ghana, Guinea, Guyana, India, Madagascar, Malawi, Mali, Mauritius, Nauru, Niger, Papua New Guinea, Peru, Rwanda, Seychelles, Somalia, South Sudan, Sudan, Sri Lanka, Togo Tuvalau, Uganda, UAE, Venezuela (32)

    Countries Which Have Signed But Not Ratified ISA

Algeria, Benin, Brazil, Burkina Faso, Burundi, Cabo Verde, Cambodia, Chad, Chile, Costa Rica, Democratic Republic of Congo, Djibouti, Dominican Republic, Egypt, Equatorial Guinea, Ethiopia, Gambia, Guinea-Bissau, Kiribati, Liberia, Mozambique, Nigeria, Papua New Guinea, Sao Tome and Principe, Senegal, Suriname, Tanzania, Tonga, Vanuatu, Yemen (30)   

                   Big Diplomatic Achievement For India

                                          It is beyond an iota of doubt that the establishment of ISA marks an emphatic, big and crucial diplomatic achievement for India. It is India’s PM Narendra Modi who is the real originator of the idea of ISA. India has demonstrated how the world can be presented with an alternative model of development, one that is collaborative, equitable, practical, transformative and sustainable. No doubt, it is India’s golden chance to provide global leadership to address the biggest challenges confronting humanity: poverty and climate change.

                                       Time For Action

           

                                        The time for talk is over and the time for action starts. To borrow French President Emmanuel Macron’s words: Now let’s get to work. France too is cooperating with India in all its endeavours which is quite ostensible! India has set a very ambitious target for itself of achieving 100Gw of solar power by 2022 which is only five years from now. In order to achieve this target, technology will undoubtedly play a key role. India understands this fully and now is the time for action to achieve the ambitious target that India has set for itself!           

                        Centre Signs Pact With ISA   

                                            Centre on March 26, 2018 signed ‘The Headquarters Agreement’ with the ISA. The agreement was signed by Minister of State for Ministry of External Affairs (MEA) Gen (Retd) VK Singh on behalf of the Indian government and by Upendra Tripathy who is Interim Director General of ISA. The agreement has provisions covering definition; interpretation and objectives; legal status, headquarters, other premises for temporary use; the ISA Secretariat property funds and assets; communication facility for the implementation of the ISA Secretariat activity; settlement of disputes; supplemental agreements; general provisions for the functioning of the ISA.

                                        MEA said in a statement that, “Accordingly, Government of India recognizes the international legal personality of the ISA. The ISA Secretariat shall enjoy independence and freedom of action in the furtherance of its official functions and shall have the rights to display its logo, flag and other identifiers, on its programs, premises and vehicles. Government of India shall provide support of Rs 125 crore to ISA for creating corpus, building infrastructure and recurring expenditure over five years duration from 2016-17 to 2020-21.”     

                          ISA’s Joint Declaration With Banks

                             Four multilateral banks – Asian Development Bank, African Development Bank, Asian Infrastructure Investment Bank and New Development Bank and the GCF of the UN climate body signed a joint declaration on March 10 partnering with the ISA in its efforts to mobilize fund for solar projects across the globe. At present, three multilateral banks – World Bank, European Investment Bank and European Bank for Reconstruction and Development are partners of the ISA to mobilize finance to develop and deploy affordable solar energy in solar rich countries.

                               Conclusion

                                      A good beginning has been made and the groundwork has been initiated. It is beyond a straw of doubt that if ISA succeeds in its aims of making solar energy available at an affordable rate, creating solar grids and establishing solar credit mechanisms, it will certainly serve to increase the global confidence in India’s capacities. Shyam Saran who is former Foreign Secretary rightly points out in his editorial titled “Powering India’s Growth Story” in Business Standard dated 14 March 2018 that, “While welcoming the launch of the alliance one must be conscious of the major challenges that lie ahead. Solar energy is available in daylight hours and even then its availability is variable depending upon weather and cloud conditions. Technological innovation has to focus on cost effective, compact, reliable and environmentally sound storage in order to make solar power a stable and credible alternative to conventional power. Solar power requires space for laying out solar panels and in a densely populated country like India space is at a premium. Nevertheless, despite these challenges there are already multiple applications of solar power which are already economically viable, in particular, in decentralised deployments. India has an unprecedented opportunity to develop solar industry because like China, it offers scale which is critical to reducing costs and to stimulate innovation. The success of the International Solar Alliance rests on the success India is able to achieve in its own ambitious National Solar Mission.”

                                     Shyam Saran further goes on to rightly say in the same enlightening editorial that, “The National Solar Mission recognized the need to not only expand the use of solar power, but also to chart a technology pathway to resolve some of the challenges referred to. It was agreed that a major research and development (R&D) effort must be launched to find power storage solutions aiming for 6-8 hours storage to make solar power comparable to conventional grid power. The proposal was to invite consortiums of research institutions, such as IITs, to submit bids for developing storage systems with specifications laid down by a team of experts. Similarly, in order to reduce the space requirement per megawatt of solar power, nano-technology applications were envisaged and these too could be part of the consortium approach. Finally, it was also agreed that in order to deal with the instability and variability of solar power, hybrid solutions should be explored, such as coupling solar power with gas, bio-mass and even thermal power. In order to do this the mission had envisaged a few pilot projects to demonstrate technical and economic viability. I believe that in taking the initiative forward the government should revisit the technology pathway spelt out in the original mission but never seriously pursued. India must be a technology leader in this sector. China is already laying claim to this position and investing heavily in research and development.”

                                             India has a lot to gain by paying heed to what Shyam Saran has said so eloquently about ISA and the direction to pursue it! India has certainly made a very good beginning. It now only needs to take forward this excellent endeavour along with ISA member countries and strive to bring other countries also into the fold like the China, Germany and the US which are not signatories and Japan has not yet signed the Paris accord! An uphill task but not impossible! 

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh