It is imperative to mention right at the beginning that the Supreme Court just recently on November 20, 2019 in a latest judgment titled Chaitu Lal vs State of Uttarakhand in Criminal Appeal No. 2127 of 2009 has upheld the conviction of a man under Section 376 read with Section 511 of the Indian Penal Code for attempt of rape of a woman. The Apex Court has minced no words to make it clear that the attempt to commit an offence begins when the accused commences to do an act with the necessary intention. Very rightly so!

To start with, the ball is set rolling in para 1 of this noteworthy judgment authored by Justice NV Ramana for himself and Ajay Rastogi by first and foremost pointing out that, “The present criminal appeal arises out of the impugned order dated 27.03.2009 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No. 144 of 2006 whereby the High Court dismissed the appeal of the appellant and confirmed the order dated 08.05.1992, passed by the Sessions Judge, Chamoli in S.T. No. 36 of 1991 convicting the accused for offences under Section 354 and Section 511 read with Section 376 IPC. The accused was sentenced to undergo rigorous imprisonment of one year for commission of offence under Section 354 IPC and he was further sentenced to undergo two years Rigorous Imprisonment and pay a fine of Rs. 200/- for commission of offence under Section 511 read with Section 376 IPC.”

To recapitulate, the background of this case is then explained in para 2 which states that, “The brief facts according to the prosecution are that the complainant-victim is the aunt of the accused-appellant. The accused-appellant had earlier also committed indecent behavior with the complainant-victim, which is the subject matter of another criminal proceeding. On 12.01.1991, the accused-appellant after seeing the complainant-victim alone took advantage of the same and attempted to molest her. On the same date at around 10:00 P.M while the complainant-victim along with her daughters was sleeping in her house, the accused-appellant entered into the house of the victim in a drunken state. While the complainant-victim was getting up from her bed, the accused-appellant pounced upon her making her fall into the bed. The accused-appellant thereafter lifted her petticoat, sat upon her and attempted to commit rape. Upon hearing the noise, the daughter of the complainant-victim (P.W.2) got up and beseeched the accused-appellant to let go of her mother. Upon hearing the commotion, certain other villagers interfered, accused-appellant ran away after threatening the complainant-victim. Thereafter, the complainant-victim narrated the entire incident to her husband, pursuant to which they approached the Court of the CJM to file the complaint on 16.01.1991.”

While elaborating further, it is then envisaged in para 3 that, “The trial court, vide order dated 08.05.1992, convicted the accused-appellant for offence under Section 354, pursuant to which he was directed to undergo one-year rigorous imprisonment. He was further convicted for offence under Section 511 read with Section 376 IPC and was directed to undergo rigorous imprisonment for two years and to pay a fine of Rs. 200/-. Aggrieved, the accused-appellant approached the High Court in Criminal Appeal No. 144 of 2006. The High Court vide impugned judgment dated 27.03.2009 dismissed the appeal and upheld the order of conviction passed by the trial court. Aggrieved by the aforesaid dismissal, the accused-appellant approached this Court by way of present appeal.”

While elaborating on the points favouring the accused-appellant, it is then stated in para 4 that, “The counsel on behalf of the accused-appellant submitted that accused-appellant has been framed by the complainant-victim pursuant to certain existing enmity. Further, it was pleaded that the FIR was registered with a delay of 3 days and the prosecution has failed to explain the same. Lastly, the evidence of the witnesses does not suggest any liability for offence under Section 511 read with Section 376 of IPC.”

As opposed to what has been stated in para 4, para 5 then points out that, “On the contrary, the counsel for the State has supported the concurrent judgments of conviction passed against the accused-appellant.” 

After listening patiently, the Bench then observes in para 6 that, “Heard counsel appearing for both parties. In the present case, the statement rendered by the complainant-victim (P.W.1) is corroborated by the daughter of the complainant-victim (P.W.2) who is an eye-witness to the said incident, husband of the complainant-victim (P.W.3) and independent witness Sohan Lal (P.W.4). The courts below have observed that although these witnesses were subjected to lengthy cross-examination, they have remained persistent in their statements and there was no material contradiction so as to raise any doubt regarding their credibility.” 

Even more important, para 7 then discloses that, “The statement of the complainant-victim reveals that the accused-appellant had attempted to molest her on numerous occasions. In order to attract culpability under Section 354 IPC, the prosecution has to prove that the accused applied criminal force on the victim with the intention of outraging her modesty. In the case at hand, prior to the commission of the offence, the accused-appellant had attempted to molest the complainant-victim on the same day itself. Later that night, the accused-appellant forcibly entered the house of the complainant-victim in a drunken state, being aware about the absence of her husband. Thereafter, the accused-appellant, exerting criminal force, pounced upon the complainant-victim and forcibly lifted her petticoat. Although, the complainant-victim pleaded the accused to stop considering the fact that she was his aunt; he responded stating, it does not matter to him. The aforesaid action of the accused-appellant is sufficient to prove his culpability.”

What’s more, it is then enumerated in defence of accused-appellant in para 8 that, “The counsel of the accused-appellant has pleaded that the actions of the accused-appellant do not constitute the offence under Section 511 read with Section 376, as the accused-appellant had not committed any overt act such as any attempt to undress himself in order to commit the alleged act. This Court in the case of Aman Kumar and Anr. V. State of Haryana, (2004) 4 SCC 379 held that-

“11. In order to find an accused guilty of an attempt with intent to commit a rape, court has to be satisfied that the accused, when he laid hold of the prosecutrix, not only desired to gratify his passions upon her person, but that he intended to do so at all events, and notwithstanding any resistance on her part…””

It cannot be lost on us that it is then very rightly underscored in para 9 that, “The attempt to commit an offence begins when the accused commences to do an act with the necessary intention. In the present case, the accused-appellant pounced upon the complainant-victim, sat upon her and lifted her petticoat while the complainant-victim protested against his advancements and wept. The evidence of the daughter (P.W.2) also reveals that she pleaded with the accused-appellant to spare her mother. In the meantime, hearing such commotion, other villagers intervened and threatened the accused of dire consequences pursuant to which the accused ran away from the scene of occurrence. Here, the evidence of independent witness Sohan Lal (P.W.4) assumes significance in corroborating the events on the date of occurrence, wherein he has averred that at around 10:00 p.m. he heard noise coming from the house of complainant-victim, pursuant to which he saw the accused-appellant’s wife holding his neck coming out from the house of the complainant-victim. P.W.4 had also overheard the complainant-victim complaining that the accused-appellant was quarreling with her.” 

Equally important if not more is what is then most rightly stated in para 10 that, “Herein, although the complainant-victim and her daughter were pleading with the accused to let the complainant-victim go, the accused-appellant did not show any reluctance that he was going to stop from committing the aforesaid offence. Therefore, had there been no intervention, the accused-appellant would have succeeded in executing his criminal design. The conduct of the accused in the present case is indicative of his definite intention to commit the said offence.” 

While not accepting the contention of the accused-appellant, it is then disclosed in para 11 that, “The counsel on behalf of the accused-appellant placed reliance upon the case of Tarkeshwar Sahu v. State of Bihar (Now Jharkhand), (2006) 8 SCC 560 to claim the benefit of acquittal for offence under Section 511 read with Section 376 of IPC. But on careful perusal of the aforesaid decision in the backdrop of facts and circumstances of the present case, both the cases are distinguishable as in the case cited above, it is clearly noted that the accused failed at the stage of preparation of commission of the offence itself. Whereas in the present case before us the distinguishing fact is the action of the accused-appellant in forcibly entering the house of the complainant-victim in a drunken state and using criminal force to lift her petticoat despite her repeated resistance.”

Going forward, while not accepting the delay plea of the accused-appellant, it is then pointed out in para 12 that, “Further, the plea of the accused-appellant regarding the delay in registering the FIR has been duly considered by both the courts below. It has been duly noted that the husband of the complainant-victim (P.W.3) was staying in Nandprayag while the incident occurred in the remote village of Salna. Subsequent to the incident, the complainant-victim first travelled to meet her husband (P.W.3). After narrating the said incident to him, she further travelled to register a complaint before Chief Judicial Magistrate, Chamoli, which is again far off from the place of occurrence. Considering the aforesaid factual scenario, the delay in registering the FIR does not affect the case of the prosecution adversely.”

Finally and perhaps most importantly, it is then held in para 13 that, “Considering the facts and circumstances, the guilt of the accused-appellant has been established beyond doubt. In our opinion, therefore, the courts below have rightly convicted and sentenced the accused. In view of the aforesaid observations, the appeal lacks merit and is accordingly dismissed.” Very rightly so!

In conclusion, it may well be stated that the sum and substance of this noteworthy judgment is that the offence of attempt to rape can certainly be attracted even if the accused had not undressed himself as the attempt to commit an offence begins when the accused commences to do an act with the necessary intention as has been very rightly pointed out in the beginning also! In this leading case we saw how the accused-appellant did not show any reluctance to commit the crime and this despite the irrefutable fact that the complainant-victim and her daughter were pleading with the accused to let the complainant-victim go as has been very rightly pointed out earlier also in para 10. So the accused was without doubt rightly convicted in this case as it was accompanied by the credible testimony of an independent witness Sohan Lal (P.W.4) also!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

Prime Minister Shri Narendra Modi congratulated President-elect of Sri Lanka Mr. Gotabaya Rajapaksa over telephone on his electoral victory in the Presidential elections held in Sri Lanka yesterday.

Conveying the good wishes on behalf of the people of India and on his own behalf, the Prime Minister expressed confidence that under the able leadership of Mr. Rajapaksa the people of Sri Lanka will progress further on the path of peace and prosperity and fraternal, cultural, historical  and civilisational ties between India and Sri Lanka will be further strengthened. The Prime Minister reiterated India’s commitment to continue to work with the Government of Sri Lanka to these ends.

Mr. Rajapaksa thanked the Prime Minister  for his good wishes. He also expressed his readiness to work with India very closely to ensure development and security.

The Prime Minister extended an invitation to Mr. Rajapaksa to visit India at his early convenience. The invitation was accepted.

***

To start with, in a latest, landmark and extremely laudable judgment titled Central Public Information Officer, Supreme Court Of India vs Subhash Chandra Aggarwal in Civil Appeal No. 10044 of 2010 with Civil Appeal No. 10045 of 2010 and Civil Appeal No. 2683 of 2010, the Supreme Court on November 13 while exercising its civil appellate jurisdiction has clearly and categorically held that the office of Chief Justice of India is a public authority under the Right to Information Act. But it has also added a rider that “when the public interest demands the disclosure of information, judicial independence has to be kept in mind while deciding the question of exercise of discretion. The five Judge Constitution Bench comprising of the then Chief Justice of India – Ranjan Gogoi and Justices NV Ramana, DY Chandrachud, Deepak Gupta and Sanjiv Khanna heard this all-important case which will have immense significance as it directly concerns the top court and none other than the Chief Justice of India himself!

To put things in perspective, a Constitution Bench of Chief Justice of India Ranjan Gogoi and all the Judges mentioned in the above para upheld the January 2010 Delhi High Court judgment delivered by the then Chief Justice AP Shah, Vikramjit Sen and S Murlidhar which said that the Apex Court and the office of the CJI would fall within the ambit of the 2005 RTI Act which in turn had upheld the then single Judge of Delhi High Court – Justice Ravindra Bhatt (later elevated as Supreme Court Judge) who had held on September 2, 2009 that, “The Office of the Chief Justice of India is a public authority under the RTI Act and is covered by its provisions”. The Apex Court dismissed three appeals filed by its Central Public Information Officer and Secretary General challenging the order. While on the one hand, the then CJI Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna rendered one judgment and it was Justice Sanjiv Khanna who wrote the majority opinion on behalf of the Bench, on the other hand, Justices NV Ramana and Justice DY Chandrachud delivered two separate concurring judgments. 

Needless to say, the introductory para first and foremost sets the tone and tenor of this landmark judgment by pointing out that, “This judgment would decide the afore-captioned appeals preferred by the Central Public Information Officer (‘CPIO’ for short), Supreme Court of India (appellant in Civil Appeal Nos. 10044 and 10045 of 2010) and Secretary General, Supreme Court of India (appellant in Civil Appeal No. 2683 of 2010), against the common respondent – Subhash Chandra Agarwal, and seeks to answer the question as to ‘how transparent is transparent enough’ under the Right to Information Act, 2005 (RTI Act’ for short) in the context of collegium system for appointment and elevation of judges to the Supreme Court and the High Courts; declaration of assets by judges, etc.” 

What follows next in para 2 is stated thus: “Civil Appeal No. 10045 of 2010 titled Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal arises from an application moved by Subhash Chandra Agarwal before the CPIO, Supreme Court of India on 6th July, 2009 to furnish a copy of the complete correspondence with the then Chief Justice of India as the Times of India had reported that a Union Minister had approached through a lawyer, Mr. Justice R. Reghupati of the High Court of Madras to influence his judicial decisions. The information was denied by the CPIO, Supreme Court of India on the ground that the information sought by the applicant-respondent was not handled and dealt with by the Registry of the Supreme Court of India and the information relating thereto was neither maintained nor available with the Registry. First appeal filed by Subhash Chandra Aggarwal was dismissed by the appellate authority vide order dated 05thSeptember, 2009. On further appeal, the Central Information Commission (‘CIC’ for short) vide order dated 24th November, 2009 has directed disclosure of information observing that disclosure would not infringe upon the constitutional status of the judges. Aggrieved, the CPIO, Supreme Court of India has preferred this appeal.”

Going forward, para 3 then further enunciates that, “Civil Appeal No. 10044 of 2010 arises from an application dated 23rd January, 2009 moved by Subhash Chandra Agarwal before the CPIO, Supreme Court of India to furnish a copy of complete file/papers as available with the Supreme Court of India inclusive of copies of complete correspondence exchanged between the concerned constitutional authorities with file notings relating to the appointment of Mr. Justice H.L. Dattu, Mr. Justice A.K. Ganguly and Mr. Justice R.M. Lodha superseding seniority of Mr. Justice A.P. Shah, Mr. Justice A.K. Patnaik and Mr. Justice V.K. Gupta, which was allegedly objected to by the Prime Minister. The CPIO vide order dated 25th February, 2009 had denied this information observing that the Registry did not deal with the matters pertaining to the appointment of the judges to the Supreme Court of India. Appointment of judges to the Supreme Court and the High Courts are made by the President of India as per the procedure prescribed by law and the matters relating thereto were not dealt with and handled by the Registry of the Supreme Court. The information was neither maintained nor available with the Registry. First appeal preferred by Subhash Chandra Agarwal was rejected vide order dated 25th March, 2009 by the appellate authority. On further appeal, the CIC has accepted the appeal and directed furnishing of information by relying on the judgment dated 02nd September, 2009 of the Delhi High Court in Writ Petition (Civil) No. 288 of 2009 titled Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal & Another. The CIC has also relied on the decision of this Court in S.P. Gupta v. Union of India & Others (1981) Supp SCC 87 to reach its conclusion. Aggrieved, the CPIO, Supreme Court of India has preferred the present appeal stating, inter alia, that the judgment in Writ Petition (Civil) No. 288 of 2009 was upheld by the Full Bench of the Delhi High Court in LPA No. 501 of 2009 vide judgment dated 12th January, 2010, which judgment is the subject matter of appeal before this Court in Civil Appeal No. 2683 of 2010.” 

To be sure, while writing the main judgment, Justice Sanjiv Khanna said the court while stressing the need for balancing transparency and accountability with judicial independence, “should not be understood to mean that the independence of the judiciary can be achieved only by denial of access to information.” He also added unequivocally that the “independence in a given case may well demand openness and transparency by furnishing the information.” It is certainly crucial as it will now open the door to RTI requests unlike earlier when the judicial system was rather opaque!

As it turned out, the historic order made it clear that, “Reference to the principle of judicial independence is not to undermine and avoid accountability which is an aspect we perceive and believe has to be taken into account while examining the public interest in favour of disclosure of information. Judicial independence and accountability go hand in hand as accountability ensures, and is a facet of judicial independence.”

Of course, the Bench said that the type and nature of the information is also a relevant factor to be considered. It also made it clear that, “Distinction must be drawn between the final opinion or resolutions passed by the collegiums with regard to appointment/elevation and transfer of judges with observations and indicative reasons and the inputs/data or details which the collegiums had examined. The rigour of public interest in divulging the input details, data and particulars of the candidate would be different from that of divulging and furnishing details of the output, that is the decision…Transparency and openness in judicial appointments juxtaposed with confidentiality of deliberations remain one of the most delicate and complex areas. Clearly, the position is progressive as well as evolving as steps have been taken to make the selection and appointment process more transparent and open”. 

To put it succinctly, it is stated in para 89 by Justice Sanjiv Khanna on behalf of five Judges of Constitution Bench that, “In view of the aforesaid discussion, we dismiss Civil Appeal No. 2683 of 2010 and uphold the judgment dated 12th January, 2010 of the Delhi High Court in LPA No. 501 of 2009 which had upheld the order passed by the CIC directing the CPIO, Supreme Court of India to furnish information on the judges of the Supreme Court who had declared their assets. Such disclosure would not in any way, impinge upon the personal information and right to privacy of the judges. The fiduciary relationship rule in terms of clause (e) to Section 8(1) of the RTI Act is inapplicable. It would not affect the right to confidentiality of the judges and their right to protect personal information and privacy, which would be the case where details and contents of personal assets in the declaration are called for and sought in which event the public interest test as applicable vide Section 8(1)(j) and proviso to Section 11(1) of the RTI Act would come into operation.” 

What’s more, para 90 then holds that, “As far as Civil Appeal Nos. 10045 of 2010 and 10044 of 2010 are concerned, they are to be partly allowed with an order of remit to the CPIO, Supreme Court of India to re-examine the matter after following the procedure under Section 11(1) of the RTI Act as the information relates to third parties. Before a final order is passed, the concerned third parties are required to be issued notice and heard as they are not a party before us. While deciding the question of disclosure on remit, the CPIO, Supreme Court of India would follow the observations made in the present judgment by keeping in view the objections raised, if any, by the third parties. We have refrained from making specific findings in the absence of third parties, who have rights under Section 11(1) and their views and opinions are unknown. The reference and the appeals are accordingly disposed of.” 

Simply put, the key findings in this landmark judgment authored by Justice Sanjiv Khanna for himself, CJI Ranjan Gogoi and Justice NV Ramana are as follows:-

1. The Supreme Court of India and the office of the CJI are two different public authorities. The Supreme Court would necessarily include the office of CJI and other Judges in view of Article 124 of the Constitution.

2. Ordinarily the relationship between the Chief Justice and Judges would not be that of a fiduciary and a beneficiary. However, it is not an absolute rule/code for in certain situations and acts, fiduciary relationship may arise.

3. The details of personal assets of Judges would not amount to personal information and disclosure of the same will not violate right to privacy of Judges.

4. Confidentiality has to be maintained in some aspects of judicial administration. It was held rightly that, “Confidentiality may have some bearing and importance in ensuring honest and fair appraisals, though it could work the other way around also and, therefore, what should be disclosed would depend on authentic enquiry relating to the public interest, that is, whether the right to access and the right to know outweighs the possible public interest in protecting privacy or outweighs the harm and injury to third parties when the information relates to such third parties or the information is confidential in nature.” 

While delivering a separate but concurring judgment, Justice NV Ramana first and foremost seeks to make it clear that, “In the domain of human rights, right to privacy and right to information have to be treated as co-equals and none can take precedence over the other, rather a balance needs to be struck”. 

On transparency, Justice Ramana very rightly elucidates in para 42 of his judgment that, “Coming to the aspect of transparency, judicial independence and the RTI Act, we need to note that there needs to be a balance between the three equally important concepts. The whole bulwark of preserving our Constitution, is trusted upon judiciary, when other branches have not been able to do so. As a shield, the judicial independence is the basis with which judiciary has maintained its trust reposed by the citizens. In light of the same, the judiciary needs to be protected from attempts to breach its independence. Such interference requires calibration of appropriate amount of transparency in consonance with judicial independence.”

While striking a note of caution, Justice Ramana then very rightly observed in para 43 that, “It must be kept in the mind that the transparency cannot be allowed to run to its absolute, considering the fact that efficiency is equally important principle to be taken into fold. We may note that right to information should not be allowed to be used as a tool of surveillance to scuttle effective functioning of judiciary. While applying the second step the concerned authority needs to balance these considerations as well.” 

While welcoming this noteworthy judgment, the 69-year-old RTI activist Subhash Chandra Agarwal who fought an arduous 12-yeart-long battle to ensure that the highest office in judiciary is answerable to people termed the Apex Court’s decision on it as “milestone” in the fight for transparency in public offices. He eloquently said that, “This is a landmark judgment and will prove to be a milestone in the era of transparency. The Apex Court has ruled against its own (office) and said that the CJI comes under the ambit of RTI. I wholeheartedly welcome the Supreme Court’s judgment.”

It cannot be denied that a new study by Vidhi Centre for Legal Policy has found that there is a “yawning gap” between the judiciary’s pronouncements on the Right to Information (RTI) Act and the manner in which the High Courts are implementing it. The report said that, “In particular, the lack of transparency in financial matters of the High Courts is very worrying. Most High Courts do not proactively publish details about their budgets and expenditure. Even fewer High Courts are willing to provide copies of their budgets and audit reports under the RTI Act.” The report has also found that several High Courts have included patently illegal clauses in their RTI Rules and despite Section 8 of the RTI Act restricting the number of grounds for denying information to citizens, the RTI rules of several High Courts have included additional grounds for rejecting requests for information! The report also said that it should be a matter of concern to see the judiciary lagging behind the Centre when it comes to abiding by the letter and spirit of the RTI Act! All this must change if this latest, landmark and extremely laudable judgment is to be taken to its logical conclusion!

Justice DY Chandrachud in his separate yet concurring judgment very rightly and remarkably points out while going the extra mile saying in para 117 that, “If the content of the right and the enforcement of the statute are to possess a meaningful dimension in their application to the judiciary – as it must, certain steps are necessary. Foremost among them is that the basis for the selection and appointment of judges to the higher judiciary must be defined and placed in the public realm. This is the procedure which is followed in making appointments but also in terms of the substantive norms which are adopted while making judicial appointments. There can be no denying the fact that there is a vital element of public interest in knowing about the norms which are taken into consideration in selecting candidates for higher judicial officer and making judicial appointments. Knowledge is a powerful instrument which secures consistency in application and generates the confidence that is essential to the sanctity of the process of judicial appointments. This is essentially because the collegiums system postulates that proposals for appointment of judges are initiated by the judges themselves.”

Needless to say, Justice Chandrachud also minces no words to make it clear by adding further after mentioning the essential substantial norms in regard to judicial appointments in this same para 117 that, “The present judgment does not seek to define what the standards for judicial appointments should be. However, what needs to be emphasised is that the substantive standards which are borne in mind must be formulated and placed in the public realm as a measure that would promote confidence in the appointments process. Due publicity to the norms which have been formulated and are applied would foster a degree of transparency and promote accountability in decision making at all levels within the judiciary and the government. The norms may also spell out the criteria followed for assessing the judges of the district judiciary for higher judicial office. There is a vital public interest in disclosing the basis on which those with judicial experience are evaluated to higher judicial office particularly having regard to merit, integrity and judicial performance. Placing the criteria followed in making judicial appointments in the public domain will fulfil the purpose and mandate of Section 4 of the RTI Act, engender public confidence in the process and provides a safeguard against extraneous considerations entering into the process.”

No doubt, this extremely landmark and laudable judgment has sent a very loud and clear message that even CJI is not exempted from the purview of RTI Act. This will clearly serve to increase transparency in the functioning of judiciary. This will also send a loud and clear message that the judiciary has to show more and hide less!

It has certainly set a great precedent for other institutions to follow and it won’t be asking too much if we say that Centre must work relentlessly to ensure that those who are left out of its purview are too brought under its ambit! Even political parties and politicians must be brought fully within RTI’s ambit! CBI which is still out of RTI must also be brought within RTI’s ambit! 

It must be mentioned here that when the RTI Act was enacted on October 12, 2005, the CBI came under its purview but the CBI later moved for exemption and this was endorsed by the then Union Law Minister M Veerappa Moily of the UPA government even though Moily himself as head earlier of the Administrative Reforms Commission had recommended that armed forces be exempted from RTI Act but no such recommendation was made for the CBI! Anyway, it has to be conceded that a good beginning has been made by the Apex Court by holding clearly that the office of the Chief Justice of India is a public authority under the RTI Act! But it should not stop just here only! This good tempo must be certainly maintained and all those left out should also be brought under its ambit! 

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

The President of India, Shri Ram Nath Kovind, witnessed an exhibition of paintings set up by the Artists-in-Residence at Rashtrapati Bhavan today (November 17, 2019). The President also felicitated the artists after witnessing the exhibition. 

The paintings, at display at the exhibition, were made by the Artists-in-Residence during their week-long stay at Rashtrapati Bhavan. Under the In-Residence programme, artists stayed within the Rashtrapati Bhavan premises from November 10 to 17, 2019.  They included eminent and internationally acclaimed artists – Krishen Khanna, Ganesh Haloi, Anjolie Ela Menon, Lalu Prasad Shaw, Sanat Kar, Arpita Singh, Paramjit Singh, Suhas Bahulkar, Chandra Bhattacharjee, Anwar Khan, Sanjay Bhattacharya, and Chinmay Roy – and young artists – Siddarth Shingade, Parnita Parveen Bora and Vimmi Indra. 

During the stay at Rashtrapati Bhavan, Artists-in-Residence put their creating thinking on canvas and also mentored around 65 school children. The art works created by these children were also in display at the exhibition.

The visitors to the Rashtrapati Bhavan Museum can also witness the exhibition of these paintings from November 19 to 24, 2019 between 0900 hrs and 1600 hrs.  Entry will be from Gate Number 30 (Mother Teresa Crescent) of Rashtrapati Bhavan. More information can be sought from Visitors’ Management Cell (011-23015321 Extn. 4751 and 011- 23017820). 

The aim of the ‘In-Residence’ programme is to provide artists an opportunity to stay in Rashtrapati Bhavan and be a part of the life of Rashtrapati Bhavan. It seeks to provide an environment which will inspire creative thinking and rejuvenate artistic impulses. It is also intended to honour and recognize eminent and established artists as well as encourage young upcoming talent from different parts of the country.

***

The Union Minister of Women and Child Development (WCD) and Textiles, Smriti Zubin Irani, will announce Bharatiya Poshan Krishi Kosh (BPKK) on Monday, 18th November 2019 in New Delhi. The BPKK will be a repository of diverse crops across 128 agro-climatic zones in India for better nutritional outcomes.

Smriti Zubin Irani will deliver the keynote address during the function.  Mr. Bill Gates, Co-chair, Bill & Melinda Gates Foundation will deliver a special address. Eminent agricultural scientist Prof. M. S. Swaminathan will give a special message on this occasion.

The launch of POSHAN Abhiyaan in 2018, the Prime Minister’s Overarching Scheme for Holistic Nutrition to reduce malnutrition through a multi-sectoral results-based framework, offers India an opportunity to reduce malnutrition. The Mission aims at targeted reduction of stunting, undernutrition, anemia and low birth weight babies. A novel feature of the POSHAN Abhiyaan is its focus on social and behavioral change among parents and for improving linkages between communities and the health systems towards paving the way for a mass movement to promote a transformative change. 

The Government of India’s efforts towards better nutrition has revolved around providing nutritional supplement and other supply side schemes. However, two other approaches are required to complement the Government’s efforts to promote healthy dietary practices. One, addressing the challenge of malnutrition at such a vast scale requires a basic understanding of the social, behavioral and cultural practices that promote and reinforce healthy dietary behaviours both at the individual and community level including the variation in such practices across India. Two, creating the first ever data base that links relevant agro-food system data at the district, with an aim to map the diversity of native crop varieties that will be more cost-effective and sustainable over the long run.

At the request of the Ministry of WCD the Harvard Chan School of Public Health through its India Research Center and the Bill and Melinda Gates Foundation will document and evaluate promising regional dietary practices and the messaging around them and develop a food atlas on regional agro-food systems. Both efforts are aimed at mobilizing the diverse sectors of the society.

In consultation with Ministry of WCD and Bill & Melinda Gates Foundation, the project team will select around 12 high focus states which are representative of the geographical, social, economic, cultural and structural diversities of India. In each of the states or group of states the team will identify a local partner organization which has relevant work experience in Social and Behavior Change Communication (SBCC) and nutrition for developing the food atlas.

***

 The National Statistical Office (NSO), Ministry of Statistics and Programme Implementation carried out an all-India survey on household consumption expenditure in the 75th round during the period July 2017 to June 2018. The Consumer Expenditure Survey (CES) is usually conducted at quinquennial intervals andthe last survey on consumer expenditure was conducted in the 68th round (July 2011 to June 2012).The NSS Consumer Expenditure Survey generates estimates of household Monthly Per Capita Consumer Expenditure (MPCE) and the distribution of households and persons over the MPCE classes. It is designed to collect information regarding expenditure on consumption of goods and services (food and non-food) consumed by households. The results, after release, are also used for rebasing of the GDP and other macro-economic indicators.

2.  The Ministry has seen the media reports regarding consumer expenditure survey by the NSS stating that consumer spending is falling and the report has been withheld due to its ‘adverse’ findings. We would like to emphatically state that there is a rigorous procedure for vetting of data and reports which are produced through surveys. All such submissions which come to the Ministry are draft in nature and cannot be deemed to be the final report.

3.    Further, the results of the survey were examined and it was noted that there was a significant increase in the divergence in not only the levels in the consumption pattern but also the direction of the change when compared to the other administrative data sources like the actual production of goods and services. Concerns were also raised about the ability/sensitivity of the survey instrument to capture consumption of social services by households especially on health and education. The matter was thus referred to a Committee of experts which noted the discrepancies and came out with several recommendations including a refinement in the survey methodology and improving the data quality aspects on a concurrent basis. The recommendations of the Committee are being examined for implementation in future surveys.

4.      The Advisory Committee on National Accounts Statistics has also separately recommended that for rebasing of the GDP series, 2017-18 is not an appropriate year to be used as the new base year.

5.      In view of the data quality issues, the Ministry has decided not to release the Consumer Expenditure Survey results of 2017-2018. The Ministryis separately examining the feasibility of conducting the next Consumer Expenditure Survey in 2020-2021 and 2021-22 after incorporating all data quality refinementsin the survey process.

Taking note of the need to further improve variety, hygiene and quality of food for its passengers, Indian Railways has rationalized the Menus and revised the Tariff for catering services. The tariff of Rajdhani/Shatabdi/Duronto trains has been revised after 6 years since the last revision in 2013 while the tariff of standard meals for Mail/Express trains after 7 years since the last revision in 2012. With a view to arrive at realistic prices, a Committee was nominated by the Railway Board to examine & recommend the revision in menu and tariff of these services.  The Committee scientifically examined all aspects of costing keeping in mind the objective to provide good quality and hygienic food to the travelling passengers on Indian Railways. Based on the reports of the Committee, the revised menu & tariff have been notified. The quality of meals on trains is contingent on rational pricing and  factors like cost of raw material, WPI, CPI, etc. which have increased over the years.

Catering services in trains over Indian Railways are provided by IRCTC and have two categories i.e. pre-paid services like Rajdhani/Shatabdi/Duronto Trains where catering charges are included in the ticket fare (on opt-in basis) and post –paid catering services like on other Mail/Express where standard meals and other food items are made available on sale.  Affordability, ensuring availability of regional cuisine and variety in standard meals to passengers have been taken care of. Salient features for Mail/Express trains include :

· The rate of Janta Meal has been kept unchanged at Rs.20/-

· To prevent overcharging in the name of a-la-carte meals, it has now been decided that no a-la-carte meals shall be permitted for sale on Mail/Express trains. However a la carte snacks items like samosa, pakoda, etc. will be permitted for sale.

· Now more regional food variety will also be available for the passengers. ‘Snack Meal’ with regional items/cuisine/flavour’ is being introduced at the rate of Rs. 50/- as a meal variety. This would be of 350 grams portion and the menu will be decided by IRCTC.

· It has been decided to offer Biryani as a standard meal variety in view of its popularity.  IRCTC shall make available three types of Biryani (Veg., Egg and Chicken) at the rate of Rs. 80/-, 90/- & 110/- 

· It has also been decided to introduce Chicken Curry as an option in standard non-veg. meal in addition to the existing standard non-veg meal with egg curry and standard veg. meal. As such, there shall be three categories of standard meals viz., Standard Vegetarian Meal, Standard Non-Vegetarian Meal (with 2 Eggs curry) and Standard Non-Vegetarian Meal (with Chicken Curry) against the existing two.

Indian Railways is committed to serve good quality of food. With the above rationalization the quality and variety of services are expected to further improve. To ensure quality of service, IRCTC is already taking following steps:-

The impact on the total ticket fares of the pre-paid trains will be an increase in the range of 3% to 9% for passengers who opt for meals.

The revised catering tariff shall be effective from 29/03/2020 on Rajdhani/Shatabdi/Duronto trains and with immediate effect on other Mail/Express trains.

The detailed menu is available on IR’s website and can be accessed through the following link:-

http://www.indianrailways.gov.in/railwayboard/uploads/directorate/traffic_comm/CC-2019/CC_60%20of%202019.pdf

*****

The Union Minister of State (Independent Charge) Ministry of Development of North Eastern Region, MoS PMO, Personnel, Public Grievances and Pensions, Atomic Energy and Space, Dr Jitendra Singh said that this is a first of its kind of a conference being organised at the initiative of the Government of India, since the two UTs of J&K and Ladakh came into existence on 31st October. This is a curtain raiser for the upcoming initiatives which will be undertaken in these two UTs under the leadership of Prime Minister Shri Narendra Modi. The Government will have a series of such events in future, the Minister said. He was addressing at the inauguration of two-day Regional Conference on ‘Replication of Good Governance Practices in UTs of Jammu & Kashmir and Ladakh, in Jammu today. The conference is being organised by the Department of Administrative Reforms and Public Administration (DARPG), Ministry of Personnel, Public Grievances and Pensions, Government of India, in collaboration with Government of Jammu & Kashmir and Government of Ladakh.

The Minister said that PM’s focus has been to bring the peripheral states closer to the other parts of India in terms of development. He added that there cannot be holistic development of a nation if some parts are left behind in the development journey. He said that the camp secretariats are being organised at North eastern states every month on rotational basis, the initiative being called ‘DoNER at Doorsteps’. He added that the Government has taken various other initiatives for the development of North eastern states, such as setting up of Bamboo Park and Citrus fruit Park there. He said that the age old Indian Forest Act was amended to exempt bamboo grown in non-forest areas from the definition “Tree”, thereby dispensing with the requirement of obtaining a permit for felling of bamboo for economic use. He said that the venture funds have been provided by DoNER Ministry for the start-ups to curb youth exodus from the NE states. The Minister said that this development model needs to be replicated in the new UTs. He emphasised upon tapping the economic potential of J&K by setting up parks on the similar lines for saffron, bamboo and pashmina. He spoke about the possibility of setting up of a food processing park in Ladakh as well. We need to expose J&K to the similar opportunities as available to the other parts of the country, the Minister said. With the abrogation of Article 370, many such opportunities are now available here.  He said that the allowances available to the Government servants across India will now be available in these UTs also and many laws applicable to other parts of the country will now be applicable here also. He emphasised upon changing the work culture to meet the changing expectations. Speaking about the other opportunities available to the youth here, he said that the educational and employment opportunities are growing with the setting up of medical institutions, expressing his happiness over the fact that the UT of J&K has the distinction of having two AIIMS.

Dr Jitendra Singh further said that the role of civil servants has evolved over the years from being just revenue collectors to the development officers. He said that with the changing times, we need to replicate the good governance practices and learn good things that we have unlearnt over the years. The Minister said when PM Shri Narendra Modi took over in the  year 2014, he gave the mantra of ‘Minimum Government, Maximum Governance’ and said that Maximum Governance will essentially be bringing more transparency. He quoted various examples like doing away with interviews at lower level posts w.e.f. January, 2016, doing away with about 1500 obsolete rules and also attestation by the gazetted officers. He added that the Governance includes progressively increasing citizens’ participation at all levels. He said that RTI online portal has been launched which provides information to citizens from anywhere to anyone and anytime.

Dr Singh said that the Grievance redressal portal has become more active and responsive under the current Government. He said that the grievances lodged with the Government have increased 8 fold, from about 2 lakh in the beginning to about 16 lakhs at present. This is due to the trust of the citizens posed in the Government, the Minister said. He further added that there is a feedback system set up in the department where the senior officials and the minister himself telephonically calls to check the satisfaction levels of the citizens whose grievances have been disposed by the DARPG. The Minister said that the DARPG has been organising regional conferences outside Delhi, with conferences been organised in various parts including Shillong, Guwahati and Jammu among others.

The Minister said that the Government under the PM Shri Narendra Modi is dedicated to the poor. He said that various schemes and flagship programmes like Jan Dhan Yojana and Ayushman Bharat, have been launched to benefit the people at grass root levels.  He said that the Prime Minister has always stressed on the optimum utilisation of technology. He quoted example of EO app in this regard. Speaking about other initiatives, he said that the entire format of PM Excellence Awards has changed now and the civil servants are being awarded for implementation of the flagship programmes, with huge participation seen from peripheral districts in recent years. He also mentioned about the practice of posting the young IAS officers as Assistant Secretaries in the Central Ministries and Departments and the lateral entry to bureaucracy. Mentioning about the amendment to the Prevention of Corruption Act, the Minister said that there is zero tolerance for corruption, at the same time the Government aims to protect the honest officers.

The Minister said that the work culture needs to be changed to suit the changing demands of today. He said that serious thought has been given by Centre to take all decisions and things will unfold in an unimaginable manner. He asked the people not to be led by misconceptions. He said that this year has been the most peaceful festive season in many years in recent past. Youth aspirations are the litmus test for us, which will be facilitated by the Government, he added.

The Lt. Gov. of J&K, Shri G.C. Murmu said that the UTs of J&K and Ladakh have got new opportunities and we need to reinvent ourselves to meet these new challenges. He said that we are the largest democracy in the world and the Government is the agent to meet the expectations of the citizens. He added that there are many archaic laws & procedures and reengineering is required to meet the challenges of changing times. This seminar will give us a platform for exchange of ideas, he added. He further said that people’ participation, awareness and empowerment are a prerequisite for the sustainable governance. He further said that 73rd and 74th amendment must be implemented in letter and spirit.

In a video message, Shri R. K. Mathur, Lt. Gov., Ladakh said that it is very timely conference as the two UTs are embarking on a new path. He added that we can achieve the target of PM’s mantra of Minimum Government, Maximum Governance. He expressed happiness that 19 states and 4 UTs are participating in the conference. Their collective learning and collective wisdom will benefit both UTs, he added.

The Secretary DoPT and DARPG, Dr C. Chandramouli said that the mantra of the Government is to ‘reform, perform and transform’. He said that we need to transform by reforming the existing processes. The purpose of this transformation is to meet the expectations of the people of India. Now, our role is more of a facilitator with maximum governance, minimum Government. He emphasized upon two things i.e. ease of doing business and ease of living for the people. He added that this conference is a platform to learn from each other and will mutually benefit the participants.

The J&K Chief Secretary, Shri BVR Subrahmanyam said that J&K has a lot of potential and this workshop is the beginning of tapping that potential. He said that the scope and definition of good governance has changed with time and since the imposition of Governor’s rule in J&K, Good Governance has been the top priority. He added that 8-fold strategy has been adopted by the UT of J&K, which includes empowering of grass root institutions, accelerating the development programmes, building infrastructure, reinforcing good governance, nurturing entrepreneurship, generating employment, broadening social inclusion and promoting growth. He said that this kind of a conference is being organised in J&K after a long gap. He said that the scope of Good Governance has evolved over time as the expectations of citizens keep on changing. He added that it started from enforcing the rule of law, maintaining law & order and managing crisis situation, to providing basis services to citizens, to welfare and now the scope has broadened to empowering the citizens. He added that with changing scope of good governance, the skill sets required by the administrators also have to change. This can be achieved by constant learning and up-skilling to keep pace with the expectations of the citizens, he further said.  Shri Subrahmanyam emphasised that with technology, the response time has come down, so we need to respond fast to the citizens’ expectations.

Earlier in his welcome address, Shri. V. Srinivas, Additional Secretary, DARPG, said that the Department has been engaging extensively with the Government of Jammu and Kashmir. The DARPG has sent three delegations to J&K since August this year. He said that 2 major regional conferences are being organised in Jammu by DARPG; the first being today on the replication of Good Governance practices and the second being organised on 30th November and 1st December on ‘Ek Bharat, Shreshta Bharat’ with emphasis on Jal Shakti and disaster management. He added that the best practices prevalent in other parts of the country will be presented to J&K for replication.

Earlier the day, the Financial Commissioner Finance Department, J&K, Shri Arun Kumar Mehta, chaired the Pre-inaugural Session on the topic “Public Policy and Governance”. In the post lunch session, presentations including topics like ‘Digital Governance’, ‘Citizen centric Governance’ and ‘Aspirational Districts’. On Day 2, Presentations will be made on ‘Select Initiatives’ and ‘Capacity building & Personnel Administration’. The ‘Sushasan Sankalp: Jammu Ghoshana’ Resolution will be adopted in the Valedictory Session.

The main objective of the Conference is to bring national and state level organizations on the same platform to share experiences in Digital Governance, Citizen Centric Governance and Capacity Building and Personnel Administration etc. Delegates from 19 States and 4 Union Territories are participating in the Conference. The Department has organized 31 Regional Conferences till date. This Conference is an effort to create a common platform to share experiences in the formulation and implementation of best practices in citizen centric governance, improved public service delivery through e-Governance, transparent, accountable and citizen-friendly effective administration.

********

Union Home Minister Sh. Amit Shah today reviewed the functioning of CRPF at the Force headquarters in New Delhi. He was given a detailed presentation on CRPF by Sh. Rajeev Rai Bhatnagar, DG, CRPF. High ranking officials of the Ministry as well as CRPF were present on the occasion.

 On his maiden visit to the CRPF Directorate after assuming charge as the Union Home Minister, Sh. Shah was given a ceremonial Guard of Honour . He was then ushered into the entrance where he garlanded the holy URN carrying the sacred soil of Sardar Post, Gujarat-the historic place where mere two companies of  CRPF had repulsed an attack by  a full brigade of Pakisthani army, way back in 1965.

Earlier, Sh. Shah was also briefed about the history of CRPF and also on the gallantry of the Force personnel as he looked through the ‘valour and heritage gallery’ across the lobby.

The Minister spent about two hours with the senior officers of the Force before leaving.

The Hon’ble Home Minister was apprisedof the organizational structure of the CRPF and its special forces.  The situation in Jammu and Kashmir and CRPF’s requirements of infrastructure and equipments were discussed.  The Home Minister directed that effective action should be taken against the terrorists and Law and Order be maintained.  He also directed that the Civic Action Programmes be carried out, besides organizing sports and tours. The CRPF should also reach out to the villagers and assist them in obtaining the benefits of many central schemes which are applicable to them.  Proper Winter provisioning for the forces should be done and their welfare looked after.  He also appreciated the performance of the CRPF in that theatre.  The situation in the Maoist affected states and measures being taken for improving the infrastructure of the camps and measures against improvised explosive devices were also discussed.  The Home Minister directed the CRPF to carry out an effective and decisive campaign against Left Wing Extremism in the next six months.  Action needs to be taken against the urban Naxals and their facilitators.  The Home Minister emphasized that the road connectivity and medical infrastructure in LWE areas should be upgraded. The Home Minister also directed that the health of the jawans and their families should be well looked after.  Digital health-cards should be made and there should be periodical health checks also for their families.  The Home Minister directed that senior Officers should visit the families  of Martyrs and spend time with them understanding their requirements so that their problems are resolved.  A data-base should also be made of the martyrs’ families and their basic issues and grievances should be systematically addressed.   He expressed concern about the hard and long deployment of jawans in difficult theatres and discussed various measures for giving them relief and an opportunity to stay with their families.  He directed that the building infrastructure of the CRPF and their residential quarters should be improved and more quarters at different duty locations of CRPF should be constructed.   He also directed that cutting edge technologies and the state-of-art equipments should be identified which are required for operational purposes.  He also emphasized the make-in-India effort and also asked the forces to use Khadi and indigenouslymade products.

He appreciated the valour and the sacrifices of the CRPF and the excellent work being done and their contribution to the internal security of the country.  He directed the senior officers to reach out to their juniors and jawans so as to able to appreciate their issues.

******