Lok Sabha Passes Bill On Rape Punishment

The Criminal Law (Amendment) Bill, 2018, that provides for the death sentence for raping girls aged under 12 has been passed by the Lok Sabha.

• The Bill enhances the minimum punishment for rape of a woman from seven years to 10.
• The Bill amends the Indian Penal Code, the Code of Criminal Procedure, the Indian Evidence Act and the Protection of Children from Sexual Offences Act.
• The Bill, once passed by the Rajya Sabha, will replace the Criminal Law (Amendment) Ordinance promulgated in April 2018, following the outcry over the Kathua rape case.

Key Highlights of the Bill

• The minimum punishment for the rape of a girl under 12 will be 20 years of rigorous imprisonment, the maximum being the death sentence or life imprisonment (jail term till the convict’s “natural life”). Earlier, the punishment was rigorous imprisonment ranging from 10 years to life imprisonment. 

New offences under the IPC, 1860
Age	Offence	IPC, 1860	2018 Bill
Below 12 years	Rape	Minimum: 10 years Maximum: life imprisonment	Minimum: 20 years Maximum: life imprisonment or death
	Gang Rape	Minimum: 20 years Maximum: life imprisonment	Minimum: life imprisonment Maximum: life imprisonment or death
Below 16 years	Rape	Minimum: 10 years Maximum: life imprisonment	Minimum: 20 years Maximum: no change
	Gang Rape	Minimum: 20 years Maximum: life imprisonment	Minimum: life imprisonment Maximum: no provision
16 years and above	Rape	Minimum: 7 years Maximum: life imprisonment	Minimum: 10 years Maximum: no change
Sources: Indian Penal Code, 1860; The Criminal Law (Amendment) Bill, 2018; PRS.

• The Bill also provides for completion of investigation of rape cases within two months from the registration of an FIR. While there was no timeline earlier for disposal of an appeal after conviction in a lower court, this would now have to be done within six months.
• The government would set up fast track, special courts for rape cases.
• Under Evidence Act, in determining whether the act was consensual or not, past sexual experience or character of the victim is disregarded. This provision has been extended to cover rape and gang rape of minor girls below 16 years of age.
• The Bill makes the provision of anticipatory bail not applicable to rape and gang rape of minor girls below 16 years of age.
• A court has to give notice of 15 days to a public prosecutor and the representative of the victim before deciding on bail applications in case of rape of a girl under 16 years of age.
• New provision proposes that the court where rape cases are being taken up should be presided by a woman judge. The statement in the rape cases should also be recorded by a woman police officer.

Concerns

• The Bill amends the IPC, 1860 to increase the punishment for rape of girls. However, the punishment for rape of boys has remained unchanged. This has resulted in greater difference in the quantum of punishment for rape of minor boys and girls.
• Definition of rape is not gender neutral In the case of rape of minors, according to the POCSO Act, the victim may either be male or female (and the offender could also be of either gender). However, in cases of adults under the IPC, rape is as an offence only if the offender is male and the victim is female. The Law Commission of India (2000) and the Justice Verma Committee (2013) had recommended that this definition of rape should be made gender neutral and should apply equally to both male and female victims. The Bill does not address this issue.

Government clarifies on the Anti-Human Trafficking Bill

The Ministry of Women and Child Development (WCD) has defended its Anti-Human Trafficking Bill which was recently passed by the Lok Sabha, and asserted that the proposed law did not criminalise consenting adult sex workers and migrants.

• The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 is the first ever comprehensive legislation in the country concerning trafficking in humans which deals with aspects of prevention, protection and rehabilitation to the victims.
• The UN human rights experts have expressed concerns over the measures contained in the Trafficking of persons (Prevention, Protection and Rehabilitation) Bill, 2018 stating that it is not in accordance with the international human rights laws.
• It has been stated that the Bill seems to combine sex work and migration with trafficking.
• The Bill has been criticised for addressing trafficking through a criminal law perspective instead of complementing it with a human-rights based and victim-centred approach.
• The Bill has been criticised for promoting “rescue raids” by the police as well as institutionalisation of victims in the name of rehabilitation.
• Also, it has been pointed out that certain vague provisions would lead to blanket criminalisation of activities that do not necessarily relate to trafficking.

Clarification by the Government

• Victims are placed in the safe environment of a rehabilitation home voluntarily. Rehabilitation has been provided as a matter of right to the victim, which is not contingent upon conviction of the offender.
• To give primacy to victims’ rights of privacy and dignity, provisions like speedy time-bound trials, immunity to victims in certain cases, reverse imposition of burden of proof, in camera trials and trial through video conferencing have been granted in the bill.
• The Bill is clear in excluding consenting adults from its purview. While it criminalises trafficking for the purpose of pushing a woman into sex work, it does not punish the act itself.The definition of trafficking has been taken from Section 370 of the Indian Penal Code, 1860 which does not apply to consenting adults and sex workers, as clarified by the J.S. Verma Committee.
• The Bill maintains a clear distinction between trafficking and the smuggling of migrants and it does not criminalise migration per se. It is the trafficker who is made liable under the Bill who promotes irregular and exploitative migration, and not the migrant.
• The Ministry of Women and Child Development has clarified that the Bill goes beyond legislation adheres to various international standards such as the Global Compact for Safe, Orderly and Regular Migration, the United Nations Office on Drugs and Crime Model Law against Trafficking in Persons, and the Office of the United Nations High Commissioner for Human Rights (OHCHR) recommended Principles and Guidelines on Human Rights and Human Trafficking.

Trafficking of persons (Prevention, Protection and Rehabilitation) Bill, 2018

• The Bill provides for the establishment of a National Anti-Trafficking Bureau (NATB) to investigate trafficking cases and implement provisions of the Bill. Key functions of the Bureau include:
  
  • coordinating and monitoring surveillance along known routes
  • facilitating surveillance, enforcement and preventive steps at source, transit and destination points
  • maintaining coordination between law enforcement agencies and non-governmental organisations and other stakeholders
  • increasing international cooperation with authorities abroad for intelligence sharing, and mutual legal assistance.
• State Anti-Trafficking Officers: The state government will appoint a State Nodal Officer. He will be responsible for:
  
  • follow up action under the Bill, as per the instructions of the State Anti-Trafficking Committee
  • providing relief and rehabilitation services
• The Bill also provides for the setting up of Anti-Trafficking Units (ATUs) at the district level.
  
  • ATUs will deal with the prevention, rescue, and protection of victims and witnesses, and for the investigation and prosecution of trafficking offences.
  • In districts where an ATU is not functional, this responsibility will be taken up by the local police station.
• The Bill provides for the establishment of Anti-Trafficking Relief and Rehabilitation Committees (ATCs) at the national, state, and district levels. These Committees will be responsible for:
  
  • providing compensation to victims
  • repatriation of victims
  • re-integration of victims in society, among others
• Search and rescue: An Anti-Trafficking Police Officer or an ATU can rescue persons, if there is an imminent danger to them. They will be produced before a Magistrate or Child Welfare Committee for medical examination. The district ATC will provide relief and rehabilitation services to the rescued persons.
• Protection and rehabilitation: The Bill requires the central or state government to set up Protection Homes. These would provide shelter, food, counselling, and medical services to victims.
  • Further, the central or state government will maintain Rehabilitation Homes in each district, to provide long-term rehabilitation to the victims.
  • Rehabilitation of victims will not be dependent on criminal proceedings being initiated against the accused, or the outcome of the proceedings.
  • The central government will also create a Rehabilitation Fund, which will be used to set up these Protection and Rehabilitation Homes. The fund shall be maintained and monitored by National Anti Trafficking Bureau.
• Time-bound trial: The Bill provides for setting up designated courts in each district, which will seek to complete trial within a year.
• Penalties: The Bill specifies the penalties for various offences including for trafficking of persons, promoting trafficking, disclosing the identity of the victim and aggravated trafficking (such as trafficking for bonded labour and begging).
  • The Bill lays down a stringent punishment of 10 years to life imprisonment for aggravated forms of trafficking, which include buying or selling of persons for the purpose of bonded labour, bearing a child, as well as those where chemical substances or hormones are administered, and a survivor acquires life-threatening illnesses such as AIDS.

Lok Sabha Passes Bill on Homoeopathy Council Revamp

Lok Sabha has passed “The Homoeopathy Central Council (Amendment), 2018”, which seeks amend the Homoeopathy Central Council Act, 1973 and replace the Central Council of Homoeopathy (CCH) with a board of governors.

• The Bill replaces an Ordinance promulgated by the President in May 2018.
• The Homoeopathy Central Council Act, 1973 sets up the Central Council of Homoeopathy which regulates homoeopathic education and practice.
• The amendment in the bill is aimed at bringing accountability and quality in the homoeopathy colleges and education in the country. In 2016, the chief of CCH was arrested by the CBI for allegedly accepting bribe worth Rs 20 lakhs as part payment for granting approval to a homoeopathy college.

Key Highlights

• The Central Council will be reconstituted within one year from the date of its supersession and the Central government will, in the interim period, constitute a Board of Governors, which will exercise powers of the Central Council.
• The Board of Governors would consist of up to seven members including persons of eminence in the field of homoeopathy education, and eminent administrators appointed by central government.
• The central government will select one of these members as the Chairperson of the Board. With regard to policy decisions, the directions of the central government will be final.
• The statement of objects and reasons of the bill states that there have been instances of serious malpractices in the Council due to which there has been compromised in the quality of medical education.
• The law aims to abolish the CCH, as the body does not have the powers to deal with its corrupt chief and other members who have been faced with grave charges of corruption.
• The Bill states that: (i) if any person has established a homoeopathy medical college, or (ii) if an established homoeopathy medical college has opened new courses or increased its admission capacity before the passage of the Bill, it will have to seek permission from the central government within one year.
• If the person or homoeopathy medical college fails to seek permission, then any medical qualification granted to a student from such medical college will not be recognised under the Act.

Women Rice Farmers to be Trained in the Philippines

Eight women farmers have been selected to visit the International Rice Research Institute (IRRI) in the Philippines to learn about new rice farming techniques.

• This is an initiative by the Department of Biotechnology (DBT), Ministry of Science and Technology.
• At the forthcoming workshop, the women are expected to be exposed to “advanced farming experiences and technological advancements.”
• Earlier at the IRRI’s Bhubaneshwar centre, the women were taught about crop planning, stages of rice cultivation, pest and weed management, use of crop calendar, land selection, crop monitoring, post-harvest management and seed management.

The International Rice Research Institute

• (IRRI) is the world’s premier research organization dedicated to reducing poverty and hunger through rice science; improving the health and welfare of rice farmers and consumers; and protecting the rice-growing environment for future generations.
• It is an independent, nonprofit, research and educational institute, founded in 1960 by the Ford and Rockefeller foundations with support from the Philippine government.
• The institute is headquartered in Los Baños, Philippines.
• Recently, the IRRI South Asia Regional Center (ISARC), was inaugurated Varanasi, India. ISARC will serve as a hub for rice research and training in South Asia and the SAARC region.

Feminisation of Agriculture

• As per Census 2011, the workforce participation rate for females is 25.51% against 53.26% for males. Among female workforce participation, 55% of women workers were agricultural labourers and 24% were cultivators.
• However, only 12.8% of the operational holdings were owned by women,  which reflect the gender disparity in ownership of landholdings in agriculture.
• Moreover, there is concentration of operational holdings (25.7 per cent) by women in the marginal and small holdings categories.”
• According to the Food and Agriculture Organization (specialized agency of the United Nations that leads international efforts to defeat hunger), there would be an increase in output by 20-30% if women farmers had the same access to resources as men, which would translate into  dramatic reduction in hunger.
• This requires that women farmers should have enhanced access to resources like land, water, credit, technology and training which warrants critical analysis in the context of India.
• Towards this, Government has been implementing various schemes which help improve the entitlements of women farmers, which will prove to be advantageous in bridging the policy gaps which exits in the sector.
• The following measures have been taken to ensure mainstreaming of women in agriculture sector:
  • Earmarking at least 30% of the budget allocation for women beneficiaries in all ongoing schemes/programmes and development activities.
  • Initiating women centric activities to ensure benefits of various beneficiary-oriented programs/schemes reach them.
  • Focusing on women self-help group (SHG) to connect them to micro-credit through capacity building activities and to provide information and ensuring their representation in different decision-making bodies.
  • Recognizing the critical role of women in agriculture, the Ministry of Agriculture and Farmers Welfare has declared 15th October of every year as Women Farmer’s Day.

DAC Approves Strategic Partnership Guidelines

In a step to boost private sector participation in domestic defence manufacturing, the Defence Acquisition Council (DAC) approved the implementation of Strategic Partnership (SP) guidelines to reduce timelines so as to ensure timely delivery of equipment to the Armed Forces

• The DAC has also approved platform-specific guidelines for procurement of Naval Utility Helicopters.

Key Highlights

• Strategic Partnership model aims to revitalise defence industrial ecosystem and progressively build indigenous capabilities in the private sector to design, develop and manufacture complex weapon system for future needs of armed forces.
• The guidelines lay emphasis on promoting higher indigenous content and to incentivise the transfer of niche technology thus giving a major fillip towards encouraging self-reliance and aligning the defence sector with the 'Make in India ' initiative of the Government.
• The SP model has four segments — submarines, single-engine fighter aircraft, helicopters and armoured carriers/main battle tanks — which would be specifically opened up for the private sector.
• Under this policy, one Indian private company would be selected in each segment which would tie-up with shortlisted global equipment manufacturers to manufacture the platforms in India under technology transfer.
• All procurements under the SP model would be executed by specially constituted Empowered Project Committees to provide focussed attention and ensure timely execution.

Defence Acquisition Council

• As per the recommendations of the Group of Ministers (GoM) on 'Reforming the National Security System', the Ministry of Defence had set up broad structures and systems to deal with acquisitions.
• The Defence Acquisition Council (DAC) under the Defence Minister was constituted for overall guidance of the defence procurement planning process.
• The objective of the Defence Acquisition Council is to ensure expeditious procurement of the approved requirements of the Armed Forces in terms of capabilities sought and within the time frame.
• The functions of the DAC include:
  • In principle approval of 15 Years Long Terms Integrated Perspective Plan for Defence Force
  • Accord of Acceptance of Necessity to acquisition proposals
  • categorization of the acquisition proposals relating to 'Buy', 'Buy & Make' and 'Make'
  • Issues relating to Single vendor clearance
  • Decisions regarding 'offset' provisions in respect of acquisition proposals above Rs. 300 crore
  • Decisions regarding Transfer of Technology under 'Buy & Make' category of acquisition proposals
  • Field Trial evaluation.

Benefit of Ambiguity in Tax Exemption will be in Favour of State: Supreme Court

• Overruling its 21-year-old verdict, the Supreme Court held that when there is ambiguity in tax exemption notification, the benefit of such uncertainty must be interpreted in favour of the State.
• However, in the event of ambiguity in a taxation liability (charging of tax) statute, the benefit should go to the subject/assessee.
• It also held that the onus should be on the assessee to show that his/her case comes within the parameters of the exemption clause or exemption notification.
• The verdict effectively overrules the 1997 decision of a three-judge bench of the apex court in Sun Export House vs Collector of Customs, wherein It held that in case of an ambiguity in a tax exemption provision or notification, it must be interpreted in favour of the assessee claiming the benefit of such exemption.

Significance of Judgement

• The ruling is likely to give more authority to tax department to ensure that tax exemptions are granted only in those case where the eligibility is clearly established.
• It also shows that exemption is an exception to the general rule and therefore should be strictly given as the burden of tax is then shifted to others.
• It is also to be seen whether the judgment, which is relating to an exemption from customs duty, is also applicable for exemptions in other levies including income tax.

Important Facts for Prelims (31st July 2018)

Parkinson's disease

• Parkinson’s disease is a chronic, degenerative neurological disorder that affects the body’s motor system, often causing shaking and other difficulties in movement. Worldwide, about 10 million people have the illness.
• A research team in Japan has announced their plan to conduct the first human trial to treat Parkinson’s disease by injecting stem cells into brains. The trial is a follow up to successful trials on monkeys.
• The primates with Parkinson’s symptoms regained significant mobility after iPS cells were inserted into their brains.
• The human trial will include plans to inject five million induced Pluripotent Stem (iPS) cells, which have the potential to develop into any cell in the body, into a patient’s brain.

NOTE: Induced Pluripotent Stem (iPS) cells

• Induced pluripotent stem cells (iPSCs) are pluripotent stem cells, i.e., capable of becoming any cell in the human body or behave like an embryonic stems cell.
• They are generated from adult cells by reprogramming them.
• iPSCs can self-renew and can differentiate into all cell types of the body except for cells in extra-embryonic tissues such as the placenta.
• This capability enables the development of an unlimited source of any type of human cell needed for therapeutic purposes.

Dhangar: A Nomadic Tribe

• The Leaders of the Dhangars community claim Dhangars in Maharashtra are the same as those who are called “Dhangad” elsewhere in the country and are listed as a Scheduled Tribe.
• Dhangars are currently on the list of Vimukta Jati and Nomadic Tribes (VJNT) in Maharashtra. However, they have been demanding Scheduled Tribe (ST) status for the past several decades.
• The Dhangars, a ‘Nomadic Tribe, is a shepherd community who live mostly in Western Maharashtra and Marathwada and make up about 9% of Maharashtra’s population.