NEW DELHI: India’s direct acquisition of the French fighter jet Rafale is on schedule. The government-to-government deal to purchase 36 Rafale fighter jets was announced by Prime Minister Narendra Modi in 2015 while on a visit to Paris and the agreement was signed in 2016. .  

The Rafale deal has come under cloud and evoked controversy as the Congress has alleged a scam in the mega deal to acquire fighter jets for the Indian Air Force which is faced with depleted squadrons of fighter aircraft. The previous UPA government had decided to go in for 126 Rafale jets but the NDA government slashed it to 36 aircraft. The Congress has demanded to know the exact price of each Rafale fighter jet.

The detailed  joint statement, released on Saturday after delegation level talks between India and France, noted that both Mr Modi and the visiting French President Emmanuel Macron were satisfied with the “on-schedule progress in the implementation of acquisition related agreement, including the Rafale aircraft agreement signed in 2016.’’

 India and France decided to take their strategic partnership to a new level by holding biennial summits between India’s Prime Minister and the President of France.

 The French President Macron who is on his maiden visit to India and Prime Minister Modi agreed to deepen, strengthen the bilateral ties based on shared principles and values of democracy, freedom, rule of law and respect for human rights. Mr. Macron is in India on a four-day visit at the invitation of Prime Minister  Modi.

 They also noted the commissioning of INS Kalvari, the first Scorpene submarine made in India by Mazagon Dock Shipbuilders Ltd., in collaboration with Naval Group, the French shipbuilder.

 The two leaders looked forward to continue their discussions to expand and deepen the ongoing defence manufacturing partnerships. They acknowledged that the Make-in-India initiative offers a valuable opportunity for Indian and French defence enterprises to enter into arrangements for co-development and co-production of defence equipment in India, including through transfer of know-how and technologies to the mutual benefit of all parties.

 “In this context, the leaders welcomed various joint ventures between Indian and French companies and reaffirmed their commitment to facilitate the establishment of new ones. The leaders noted ongoing discussions between DRDO and SAFRAN on combat aircraft engine and encouraged necessary measures and forward looking approaches to facilitate early conclusion,’’ the joint statement said.

 The two leaders will also co-host the Founding Summit of the International Solar Alliance in the Capital on Sunday. At the bilateral talks at Hyderabad House, the leaders held wide ranging and constructive discussions and underlined the growing convergence between the two countries on regional and international issues. The India-France strategic partnership has completed two decades.

 The leaders welcomed the signing of the “Agreement between India and France regarding the Exchange and Reciprocal Protection of Classified or Protected Information” between the two countries, reflecting the high level of strategic trust between them. Both sides also agreed to create an annual defence dialogue at the ministerial level.

 Both Mr. Macron and Mr. Modi appreciated the deepening interactions in the maritime domain for enhanced cooperation in the Indian Ocean Region. In that context, they welcomed the “Joint Strategic Vision of India-France Cooperation in the Indian Ocean Region”, as a guiding beacon for such partnership.

 Another key agreement inked between the two countries provides for reciprocal logistics support between their Armed Forces, which seeks to extend logistical support on reciprocal access to respective facilities for Indian and French armed forces. The agreement is symbolic of the strategic depth and maturity reached in India-France defence ties.

 The two leaders emphasized the importance of the regular joint military exercises. They welcomed the successful conduct of the Varuna naval exercise held in France in April 2017, and the Shakti army exercise held in France this January 2018.  Both sides look forward to the next Varuna naval in India in the coming weeks and to the next Garuda air force exercise in France in 2019. Both sides affirmed their intention to enhance the level of joint military exercises and maintain the operational quality-level of these exercises in the future.

 They reiterated their strong condemnation of terrorism in all its forms and manifestations including cross-border terrorism and terror-related incidents in France and India. Both leaders also affirmed that terrorism cannot be justified on any grounds whatsoever it may be and it should not be associated with any religion, creed, nationality and ethnicity. Recalling the joint statement on terrorism adopted by the two countries in January 2016, the two leaders reaffirmed their strong determination to eliminate terrorism everywhere it is to be found. They agreed that more must be done by the international community to stem terrorism financing and welcomed the organization of an International Conference on Fighting Terrorism Financing in Paris in April 2018 by the French government.

 They also called upon all countries to work towards rooting out terrorist safe havens and infrastructure, disrupting terrorist networks and their financing channels, and halting cross-border movement of terrorists like Al Qaeda, Daesh/ISIS, Jaish-e-Mohammed, HizbulMujahideen, Lashkar-e-Tayabba, and their affiliates as well as terrorist groups threatening peace and security in South Asia and the Sahel region.

 The two leaders in addition to pursuing the excellent cooperation between the intervention forces (NSG-GIGN) and the investigation agencies of the two countries, agreed to enhance operational cooperation between the Indian and French counter-terrorism agencies and launch a new cooperation effort to prevent and fight radicalization, in particular online.

 Both Mr. Modi and Mr. Macron agreed to strengthen counter-terrorism in Multilateral Fora such as UN, GCTF, FATF and G20 etc. They called upon all UN member countries to implement the UNSC Resolution 1267 and other relevant resolutions designating terrorist entities. The leaders also agreed to work together on early adoption of the Comprehensive Convention on International Terrorism (CCIT) in the UN.

 They welcomed the conclusion of an Agreement on Prevention of the Illicit Consumption of and Reduction of Illicit Traffic in Narcotic Drugs, Psychotropic Substances and Chemical Precursors between the two countries aimed at effective institutional interaction and curbing transnational narcotics trafficking including disruption of terrorist financing.

 In pursuance of the 2008 Agreement on the Development of Peaceful Uses of Nuclear Energy between India and France as well as the January 2016 roadmap of cooperation, they noted with satisfaction the conclusion of the Industrial Way Forward Agreement between NPCIL and EDF for the Implementation of six nuclear power reactor units at Jaitapur, Maharashtra, India.

 The two leaders reiterated the goal of commencing works at the Jaitapur site around the end of 2018, and encouraged NPCIL and EDF to accelerate the contractual discussions in that respect. Once installed, the Jaitapur project will be the largest nuclear power plant in the world, with a total capacity of  9.6 GW. It will contribute, in addition to renewable energy, to achieving India’s goal of 40% non-fossil energy by 2030.

 They welcomed the understanding shared by the two parties on the enforcement of India’s rules and regulations on Civil Liability for Nuclear Damages applicable to the Jaitapur project.

 Building on the historical and formidable linkages in the arena of civilian space, the leaders welcomed the “India-France Joint Vision for Space Cooperation” which spells out the concrete areas of future cooperation in this field.

 Prime Minister Modi and President Macron appreciated the role of continuing people-to-people exchanges between the two countries and underscored the necessity of greater youth exchange programmes for promotion of understanding of each other’s cultures. They welcomed in this regard the launch of the “France-India Programme for the Future”, a French initiative aimed at fostering youth exchanges,which are vital for future growth of India-France ties.

The leaders noted with satisfaction the involvement of French companies in several new and ongoing manufacturing partnership projects in India.

Both sides noted with satisfaction the growth in bilateral trade during the recent period, and expressed their desire that this momentum be sustained with the aim of raising trade in goods to 15 billion euros by 2022. They encouraged SMEs and mid-cap companies to play a growing role in the economic and commercial exchanges between the two countries.

India and France recognized with satisfaction a vibrant educational cooperation within the Governmental framework and amongst Universities and academic institutes and encouraged them to increase the number and quality of student exchanges, with the aim of reaching 10,000 students by 2020. They welcomed the signing of an agreement for the mutual recognition of degrees, which will facilitate the pursuit of higher education by Indian students in France and French students in India and enhance their employability.

The two countries set the target of one million Indian tourists in France and 335,000 French tourists in India by 2020.

NEW DELHI: In a landmark ruling, the Supreme Court has legalised the right to die in dignity but laid down strict guidelines for it.

Pointing out that human beings have the right to die with dignity, the Supreme Court allowed passive euthanasia while also allowing an individual to draft a living will specifying that they not be put on life support if they slip into an terminal coma requiring life support in the future. In a ‘living will’, a person can make a statement in advance that their life should not be prolonged by putting them on a ventilator or an artificial support system.

The order was passed by a five-judge Constitution bench comprising Chief Justice (CJI) Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan on a plea by an NGO ‘Common Cause’.

While the judges gave four separate opinions, all of them were unanimous that a ‘living will’ should be allowed, because an individual should not be allowed to continue suffering in a vegetative state when they do not wish to continue living.

However, strict guidelines have been put in place before executing such a will to ensure the provision is not misused. For this, the Apex Court said a medical board would determine whether the patient in a vegetative state could be revived or not. 

The SC said it was aware of the pitfalls in giving effect to ‘living wills’, considering the property disputes relatives have. Therefore, the SC said the relatives of a patient who has not written a ‘living will’ can approach high courts asking for passive euthanasia.

The NGO had approached the court seeking a direction for the recognition of a ‘living will’ and contended that when a medical expert said that a person afflicted with terminal disease had reached a point of no return, then they should be given the right to refuse being put on life support.

“Right to life includes right to die with dignity. A person cannot be forced to live on support of ventilator. Keeping a patient alive by artificial means against his/her wishes is an assault on his/her body,” the petition had said.

The Centre, however, had told the court that the government had in principle decided to decriminalise attempt to suicide which at present is an offence punishable by up to one year jail term under Section 309 of Indian Penal Code.

The death of 66-year-old nurse Aruna Shanbaug in 2015, had sparked a national debate over the legalisation of euthanasia. She had been sexually assaulted and left in a vegetative state for more than 40 years.

However, the elderly couple from Mumbai, who had also sought legalistation of active euthanasia, said they are not satisfied with the Supreme Court order. Narayan (88) and Iravati (78) do not suffer from any terminal ailment but are motivated by the will to die after having lived a satisfactory life. They also fear having to live without the other. 

The couple told ANI that the government should give the right to active euthanasia and assisted suicide to people above 75.

Senior advocate Mahesh Jethmalani welcomed the Supreme Court decision on passive euthanasia stating that he believes any individual who is very ill and unable to take care of himself should be allowed to make a decision on his life. “Anyone who is reduced to a life that is unlike that of a sentient being should be given the choice of deciding on his/her life. Any liberty that is given is liable to be misused. Care must be taken to ensure this does not happen by putting strict guidelines,” he said.

Passive Euthanasia was made legal in India under exceptional circumstances. On 7 March 2011 the Apex Court legalised passive euthanasia by means of the withdrawal of life support system to patients in a permanent vegetative state. This decision was made as part of the verdict in a case involving Aruna Shanbaug, who had been in a Persistent Vegetative State (PVS) until her death in 2015.

In March 2011, the Supreme Court passed a historic judgement-law permitting Passive Euthanasia in the country. This judgment was passed in wake of Pinki Virani’s plea to the highest court in December 2009 under the Constitutional provision of “Next Friend”. It’s a landmark law which places the power of choice in the hands of the individual, over government, medical or religious control which sees all suffering as “destiny”.

The Supreme Court specified two irreversible conditions to permit Passive Euthanasia Law in its 2011 Law: (I) The brain-dead for whom the ventilator can be switched off (II) Those in a Persistent Vegetative State (PVS) for whom the feed can be tapered out and pain-managing palliatives be added, according to laid-down international specifications.

The same judgement-law also asked for the scrapping of 309, the code which penalises those who survive suicide-attempts. In December 2014, government of India declared its intention to do so.

However, on 25 February 2014, a three-judge bench of Supreme Court of India had termed the judgment in the Aruna Shanbaug case to be’inconsistent in itself’ and has referred the issue of euthanasia to its five-judge Constitution bench.

NEW DELHI:  French President Emmanuel Macron who arrived here on Friday on his maiden visit to India after becoming President was received by Prime Minister Narendra Modi at the airport.  

The French President is visiting India on the invitation of Prime Minister Modi who broke the protocol and drove to the airport to receive him. He will be in the country on a four-day visit. He is accompanied by his wife Brigitte Marie-Claude Macron and a business delegation as well as government officials. 

“The visit of President Macron is aimed at strengthening the bilateral economic, political and strategic dimension of our engagement,” the Ministry of External Affairs had earlier said while announcing his visit. 

“The strategic partnership between India and France, established in 1998, is one of the most important and comprehensive bilateral engagements and is marked by intense and frequent high-level exchanges and deep political understanding”, the MEA said in the statement. 

India and France will continue to enhance and cooperate in the defence, maritime, space, security, and energy-related sectors. Other crucial issues of concern to both the sides include terrorism, climate change, sustainable growth and development, infrastructure, smart urbanisation, science and technology cooperation and youth exchanges.

Mr. Modi and Mr. Macron will also co-chair  the first conference of the International Solar Alliance (ISA)

 Prime Minister Modi and his French counterpart will co-chair the founding conference of the International Solar Alliance (ISA) on March 11.

Formed at the initiative of Prime Minister Modi in January 2016, the ISA is an alliance of more than 121 countries. It aims at efficient exploitation of solar energy to reduce dependence on fossil fuels.

The French President, accompanied by Mr. Modi, will also pay a visit to Varanasi, the holy city of India and parliamentary constituency of Mr. Modi, on March 12. 

NEW DELHI: Demolishing the Left Front bastion, the BJP on Saturday stormed to power in Tripura and it looked set to form coalition governments in alliance with regional parties in Nagaland and Meghalaya giving new contours to the political map of northeast India.  

The BJP along with its ally IPFT dislodged the Manik Sarkar government in Tripura, bagging an impressive two-thirds majority, a historic verdict in its favour. In Nagaland, the BJP and its ally NDPP appeared reaching close to the magic half-way number of 30 seats, while in Meghalaya a non-Congress dispensation could be cobbled together.

With the BJP governments already in place in Assam, Manipur and Arunachal Pradesh, the far-flung North-East region has shown a tectonic shift to the saffron party. A visibly happy Prime Minister  Narendra Modi told party workers at the BJP headquarters here that his government had taken Delhi to the doorstep of the people of the North-East, ending their alienation from the seat of governance.

The BJP and its allies are already in power in 19 states across India and adding Tripura and Meghalaya will put NDA in the seat of power in 21 states. In Nagaland, the BJP was in power
in alliance with regional party NPF.

Dedicating the unprecedented victory of the BJP to the untiring efforts, toil and sacrifices of the party workers over the last one year in the CPI(M)-citadel of Tripura, Mr Modi said the people had reposed their faith and trust in the Lotus party through the ballot, braving the politics of intimidation and violence. The CPI(M) could win 16 seats in Tripura where it has ruled since 1978 barring a five-year period of Congress rule from 1988 to 1993.

Congress which emerged as the single largest party in Meghalaya deputed senior leaders Ahmed Patel and Kamal Nath to explore possibilities of putting up a coalition government with regional parties and independents.  

Union Minister Kiren Rijiju said the BJP will have “requisite numbers” to form a non-Congress government with the support of NPP and UDP in Meghalaya.

In a statement on the verdict in Tripura, the CPI(M) Polit Bureau said it will lead to the formation of a BJP-IPFT alliance government in the state.  After 25 years in government, the Left Front has been voted out of office.


“The BJP has, apart from other factors, utilized massive deployment of money and other resources to influence the elections.  The BJP was able to consolidate all the anti-Left votes virtually appropriating the erstwhile main opposition party, the Congress,” the statement said.

NEW DELHI: The Indian Institute of Technology (IIT)-Hyderabad has launched a first-of-its-kind incubator program focusing on creating an ecosystem for grooming start-ups in the field of chip design.

Christened the FablessChip Design Incubator Program, or FabCI, it will be based in the IIT Hyderabad campus.

The Fabless Chip Design Incubator is a flagship program being executed with the support of Ministry of Electronics and Information Technology (MEITY) and in partnership with CadenceÒ Design Systems, Inc., a leading provider of Electronic Design Automation (EDA) software, hardware and IP.

The primary motivation for this unique incubator program is to provide a one-stop solution for start-ups focusing in the area of chip design. The vision of this incubator is to create an ecosystem wherein the incubatees are not only provided with the relevant infrastructure, hardware and software but also are mentored through the path of success with the help of mentors who are pioneers in this field.

Speaking about the launch of FabCI, Prof U.B. Desai, Director, IIT Hyderabad, said, “This new incubator program demonstrates our commitment to generating IPR in chip design. It will be another testament to the entrepreneurial culture of the Institute”.

“I am confident that FabCI will make great contributions to the growth of chip design in the country. This incubator program will also be a shot in the arm to the ‘Make in India’ campaign and help India become a global hub for chip design,” added Prof Desai.

The vision is to leverage the deep research and design expertise of the IIT Hyderabad faculty as well as external mentors to create Indian IP and to make a mark in chip design internationally. 

IIT Hyderabad has designated Cadence as the technology partner for FabCI. While there is a dedicated facility being established at the IIT-H campus for the incubator, remote access to Cadence’s tools is available to enable semiconductor innovation and entrepreneurship irrespective of location.

The incubator is fully functional already and is soliciting applications from fabless IC startups. 

Speaking about the partnership with IIT Hyderabad for FabCI program, Mr. Jaswinder Ahuja, Corporate Vice President and Managing Director, Cadence Design Systems (India) Pvt. Ltd, said, “Innovation and entrepreneurship are essential for the growth of the Electronics System Design & Manufacturing (ESDM) ecosystem in India. Incubators play a catalytic role in lowering entry barriers and fostering entrepreneurship. Cadence has been working with the Government of India, industry and academia for many years now to grow the ecosystem.”

Mr. Hemant Kanakia, Chief Advisor and Mentor for FabCI, said “India has an enormous potential to become a center of excellence for fabless semiconductor product and service companies. FabCI is a very good first step in realizing that potential by creating an ecosystem for start-ups in the semi-conductor sector. In my opinion, the success of FabCI depends on partnerships with Industries such as EDA tools, Fabrication Factories, Indian Electronics and Semi-Conductor Association and local subsidiaries of multinationals involved in design and manufacture of silicon products in India.”

In addition to its world-class EDA technologies, Cadence will also provide its platforms for emulation, rapid prototyping and access to its engineering expertise to ensure success of the incubator and incubatees.

NEW DELHI: Jan Swasthya Abhiyan, Rajasthan has expressed discontent with the State health budget for the financial year 2018-19 and the government’s increasing inclination towards privatization of public health facilities.

In a meeting held among about 70 civil society representatives, public health experts, academicians, lawyers and Panchayati Raj Institution members from across the State, reiterated the concern that public health facilities in Rajasthan, especially preventive and primary health care services, have for long been in a state of neglect and that there is an urgent need for adequate budgets to revamp and expand existing health and nutrition related services.

The Abhiyan also expressed concern over increasing dependency of the government on health insurance scheme and public private partnership of public health facilities and cautioned that while this approach to health care may attract patients to seek treatment, but it would do little to reduce out of pocket expenditure on health or improve indicators such as maternal mortality, infant mortality, anemia, and malnutrition among others.

The Abhiyan highlighted that while the overall State health budget has shown an increase in monetary terms from Rs 10,800 crore (RE) in 2017-18 to about Rs 12,813 crore in the current budget, yet in terms of state GDP it’s not any different from the previous budget. The Abhiyan has for long been demanding that the State health budget should be increased to at least 2.5% of the state’s GDP, while it has been hovering at close to 1% since quite some years, which is grossly inadequate to deliver quality health care services to a population of Rs 7 crore. 

“What is astonishing is that this fiscal year the budget for NRHM has seen a steep decline from Rs 2,158.62 crore in revised budget estimates of previous year to Rs 1,788.61 crore in the current announcements. This would certainly mean that preventive and promotive health care services in rural and deprived areas would evident huge setback’’ a statement issued said here.

The Abhiyan stated that the focus of the current budget announcements has largely been on augmenting health infrastructure by bringing about new health facilities and upgrading the existing ones, without any thought on how the government is going to meet the mammoth shortfall of human resources which for long has been an issue of grave concern.

It is still not clear as in how much budget has been allocated for Bhamashah Swasthya Bima Yojana, but there’s all probability that the budget for the scheme would receive a considerable hike, as was evident last year as well, given the very inclination of the government to expand and sustain its flagship scheme. 

In 2017-18 the scheme saw an abrupt raise in its budget to Rs 1,500 crore. The current budget also categorically had a mention of establishing medical colleges and other hospitals on PPP mode. This alternately means that there’s going to be more private empanelment and more public money would be diverted to private kitty. The State has already handed over more than 100 rural and urban PHCs to private agencies to be run on PPP mode.

The Abhiyan also raised concern around malnutrition and anemia among children and women. Anaemia of more than half and lesser body mass index (BMI) of more than quarter of women in reproductive age group of the state is urgently required to be corrected.  In one of its major demands Abhiyan stated that elementary education of children aged 3-6 years should be shifted from Anganwadi centres to primary schools. All government schools should have nursery section and admit children from age three onwards as is being the practice in most of the privately funded schools.

Together with this Abhiyan also emphasized that Anganwadi Centres should be engaged in Infant & Young Child Feeding (IYCF) and for dietary needs of pregnant and lactating mothers.Anganwadi centres could be turned into crèches wherever the need be. Women can leave children while going for work or spend around three hours daily with their more than six months and less than six months old child.

NEW DELHI: INDIAsize, a National Sizing Survey, will be conducted by the National Institute of Fashion Technology (NIFT), to develop a comprehensive size chart for ready-to-wear industry based on the body measurements of the Indian population.

It is a scientific exercise where anthropometric data will be collected from a sample population in the age group 15 to 65 years to create a database of measurements that will result in a standardized size chart which is representative of the Indian population and can be adopted by the apparel industry.

An official statement issued by the Ministry of Textile said Aalarge percentage of shoppers face difficulty in finding clothes that fit perfectly according to their body measurements. The reason is differences in anthropometric built of people in different geographical regions across the country.

Using 3D whole body scanners, computers will extract hundreds of measurements from a scan. The data created as part of this project will be confidential and secure. The duration of the project will be around two years from the date of commencement.

Till date 14 countries have successfully completed national sizing surveys: USA, Canada, Mexico, UK, France, Spain, Germany, Korea, China and Australia. The surveys entail measuring statistically relevant sample size pan country using human safe technology of 3D whole body scanner, a non-contact method of taking body measurements and analyzing the collected data to create size charts.

Indian apparel industry uses size charts which are tweaked versions of size charts of other countries so returns of the garments are in the range of 20% to 40% and is increasing with the growth of ecommerce and the main reason for returns are poor garment fit.

The findings of the study will impact various other sectors like automotive, aerospace, fitness and sport, art and computer gaming where insights from this data can produce ergonomically designed products which are suited for the Indian population.

The project has been approved by the government and will entail measuring of 25,000 male and female Indians in 6 cities in 6 regions of the country: Kolkata (East), Mumbai (West), New Delhi (North), Hyderabad (Central India), Bengaluru (South) and Shillong (North-East).

NEW DELHI: The Union Cabinet has approved the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 for introduction in the Parliament.  

The Bill comprehensively addresses the transnational nature of human trafficking. The National Anti-Trafficking Bureau will perform the functions of international coordination with authorities in foreign countries and international organizations, international assistance in investigation, facilitate inter-State and trans-border transfer of evidence and materials, witnesses and others for expediting prosecution, facilitate inter-state and international video conferencing in judicial proceedings.

The Bill addresses the issue of trafficking from the point of view of prevention, rescue and rehabilitation, and covers aggravated forms of trafficking, which include trafficking for the purpose of forced labour, begging, trafficking by administering chemical substance or hormones on a person for the purpose of early sexual maturity, trafficking of a woman or child for the purpose of marriage or under the pretext of marriage or after marriage.

The proposed law prescribes punishment for promoting or facilitating trafficking of person which includes producing, printing, issuing or distributing unissued, tampered or fake certificates, registration or stickers as proof of compliance with government requirements; or commits fraud for procuring or facilitating the acquisition of clearances and necessary documents from government agencies.

The confidentiality of victims/ witnesses and complainants by not disclosing their identity is prohibited under the Bill. Further, the confidentiality of the victims is maintained by recording their statement through video conferencing (this also helps in trans-border and inter-State crimes).

Time bound trial and repatriation of the victims – within a period of one year from taking into cognizance and immediate protection of rescued victims and their rehabilitation are some other highlights of the Bill.

The victims are entitled to interim relief immediately within 30 days to address their physical, and mental trauma, and further appropriate relief within 60 days from the date of filing of charge sheet. The Bill also has provision for creation of Rehabilitation Fund to be used for the physical, psychological and social well-being of the victim including education, skill development, health care/psychological support, legal aid, and safe accommodation among other things.    

Designated courts will be set up in each district for the speedy trial of the cases. The Bill creates dedicated institutional mechanisms at District, State and Central level. These will be responsible for prevention, protection, investigation and rehabilitation work related to trafficking.  National Investigation Agency (NIA) will perform the tasks of Anti-Trafficking Bureau at the national level present under the MHA.

Punishment prescribed in the Bill ranges from rigorous minimum 10 years to life and a fine not less than Rs. 1 lakh. In order to break the organized nexus, both at the national and international level, the Bill provides for the attachment and forfeiture of property and also the proceeds for crime.

Trafficking in human beings is the third largest organized crime violating basic human rights. There is no specific law so far to deal with this crime. Accordingly, the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 has been prepared. The Bill addresses one of the most pervasive yet invisible crimes affecting the most vulnerable persons especially women and children.

The new law will make India a leader among South Asian countries to combat trafficking. Trafficking is a global concern also affecting a number of South Asian nations.

The Bill has been prepared in consultation with line Ministries, Departments, State Governments, NGOs and domain experts.  The Draft Bill discussed in regional consultations held in Delhi, Kolkata, Chennai and Bombay with various stakeholders including over 60 NGOs. The Bill was examined and discussed by Group bf Ministers also.

NEW DELHI : Global deaths of newborn babies remain alarmingly high, particularly among the world’s poorest countries, UNICEF said today in a new report on newborn mortality. Babies born in Japan, Iceland and Singapore have the best chance at survival, while newborns in Pakistan, the Central African Republic and Afghanistan face the worst odds.

“While we have more than halved the number of deaths among children under the age of five in the last quarter century, we have not made similar progress in ending deaths among children less than one month old,” said Henrietta H. Fore, UNICEF’s Executive Director. “Given that the majority of these deaths are preventable, clearly, we are failing the world’s poorest babies.”

Globally, in low-income countries, the average newborn mortality rate is 27 deaths per 1,000 births, the report says. In high-income countries, that rate is 3 deaths per 1,000. Newborns from the riskiest places to give birth are up to 50 times more likely to die than those from the safest places.

The report also notes that 8 of the 10 most dangerous places to be born are in sub-Saharan Africa, where pregnant women are much less likely to receive assistance during delivery due to poverty, conflict and weak institutions. If every country brought its newborn mortality rate down to the high-income average by 2030, 16 million lives could be saved.

Unequal shots at life 

More than 80 per cent of newborn deaths are due to prematurity, complications during birth or infections such as pneumonia and sepsis, the report says. These deaths can be prevented with access to well-trained midwives, along with proven solutions like clean water, disinfectants, breastfeeding within the first hour, skin-to-skin contact and good nutrition. However, a shortage of well-trained health workers and midwives means that thousands don’t receive the life-saving support they need to survive. For example, while in Norway there are 218 doctors, nurses and midwives to serve 10,000 people, that ratio is 1 per 10,000 in Somalia.

This month, UNICEF is launching Every Child ALIVE, a global campaign to demand and deliver solutions on behalf of the world’s newborns. Through the campaign, UNICEF is issuing an urgent appeal to governments, health care providers, donors, the private sector, families and businesses to keep every child alive by:

·         Recruiting, training, retaining and managing sufficient numbers of doctors, nurses and midwives with expertise in maternal and newborn care;

·         Guaranteeing clean, functional health facilities equipped with water, soap and electricity, within the reach of every mother and baby;

·         Making it a priority to provide every mother and baby with the life-saving drugs and equipment needed for a healthy start in life; and

·         Empowering adolescent girls, mothers and families to demand and receive quality care.

“Every year, 2.6 million newborns around the world do not survive their first month of life. One million of them die the day they are born,” said Ms. Fore. 

“We know we can save the vast majority of these babies with affordable, quality health care solutions for every mother and every newborn. Just a few small steps from all of us can help ensure the first small steps of each of these young lives.” 

India has shown impressive progress in reduction of under-five mortality, nearly meeting its MDG target, with a 66 per cent reduction in under-five deaths during 1990 to 2015. India’s progress has been far better than the world’s; the global decline in the under-five mortality during the MDG period was 55 per cent.  The recent progress is even better, with 120,000 fewer deaths in 2016 as compared to 2015. The number of annual under-five deaths in India has gone below one million for the first time in 2016.

The gains for reduction of neonatal mortality have been comparatively modest, with 55 per cent reduction during the MDG period. The progress has also been inequitable for girls in the neonatal period. India is the only big country in the world to have a higher mortality for girls as compared to boys. Poor care seeking for female newborn, with only 41 per cent of admissions in Special Newborn Care Units being females. 150,000 fewer female admissions in SNCUs as compared to male. Source – SNCU online database.

Ensuring gender equity with equal focus on boys and girls and addressing gaps in quality of care are now going to be the next frontiers for newborn survival. The issue of neglect of the girl child is much broader and needs interventions beyond health, to also address the social norms and cultural practices. It would require working both at the policy level to create an enabling environment, and at the community level, to build awareness and bring emphasis on the value of the girl child. Addressing gender inequity is everyone’s responsibility, we need to create a social movement around this. There is an urgent need to intensify our combined efforts to further bridge this gap and ensure equitable access to care for the newborn girl. There is a need to create a social movement involving all stakeholders – Government, Professional bodies, civil societies, media, political leaders and communities – truly leaving no one behind.

Following the recommendation of the Election Commission (EC), the President disqualified 20 MLAs of the Delhi Legislative Assembly last month for holding an ‘office of profit’. The legislators in question were appointed as parliamentary secretaries to various ministries in the Delhi government. The Delhi High Court is currently hearing a petition filed by the disqualified MLAs against the EC’s recommendation. There have been reports of parliamentary secretaries being appointed in 20 states in the past with court judgments striking down these appointments in several cases. In this context, we discuss the law on holding an ‘office of profit’.

What is the concept of ‘office of profit’?

MPs and MLAs, as members of the legislature, hold the government accountable for its work. The essence of disqualification under the office of profit law is if legislators holds an ‘office of profit’ under the government, they might be susceptible to government influence, and may not discharge their constitutional mandate fairly. The intent is that there should be no conflict between the duties and interests of an elected member. Hence, the office of profit law simply seeks to enforce a basic feature of the Constitution- the principle of separation of power between the legislature and the executive.

According to the definition, what constitutes an ‘office of profit’?

The law does not clearly define what constitutes an office of profit but the definition has evolved over the years with interpretations made in various court judgments. An office of profit has been interpreted to be a position that brings to the office-holder some financial gain, or advantage, or benefit. The amount of such profit is immaterial.

In 1964, the Supreme Court ruled that the test for determining whether a person holds an office of profit is the test of appointment. Several factors are considered in this determination including factors such as: (i) whether the government is the appointing authority, (ii) whether the government has the power to terminate the appointment, (iii) whether the government determines the remuneration, (iv) what is the source of remuneration, and (v) the power that comes with the position.

What does the Constitution say about holding an ‘office of profit’? Can exemptions be granted under the law?

Under the provisions of Article 102 (1) and Article 191 (1) of the Constitution, an MP or an MLA (or an MLC) is barred from holding any office of profit under the central or state government. The articles clarify that Â“a person shall not be deemed to hold an office of profit under the government of India or the government of any state by reason only that he is a minister”. The Constitution specifies that the number of ministers including the Chief Minister has to be within 15% of the total number of members of the assembly (10% in the case of Delhi, which is a union territory with legislature).

Provisions of Articles 102 and 191 also protect a legislator occupying a government position if the office in question has been made immune to disqualification by law. In the recent past, several state legislatures have enacted laws exempting certain offices from the purview of office of profit.  Parliament has also enacted the Parliament (Prevention of Disqualification) Act, 1959, which has been amended several times to expand the exempted list.

Is there a bar on how many offices can be exempted from the purview of the law?

There is no bar on how many offices can be exempted from the purview of the law.

It was reported in 2015 that all 60 MLAs of the Nagaland Assembly had joined the ruling alliance. The Nagaland Chief Minister appointed 26 legislators as parliamentary secretaries in July 2017. Goa, an assembly of 40 MLAs, exempted more than 50 offices by means of an ordinance issued in June last year. Puducherry, an assembly of 33 MLAs, exempted more than 60 offices by passing an amendment bill in 2009.  In Delhi, the 21 parliamentary secretaries added to the seven ministerial posts would constitute 40% of the 70-member legislature.  In all, 20 states have similar provisions.

This raises an important concern. If a large number of legislators are appointed to such offices, their role in scrutinising the work of the government may be impaired. Thus, this could contravene the spirit of Articles 102 and 191 of the Constitution.

What is the debate around making appointments to the office of parliamentary secretaries?

Interestingly, the appointment of legislators as parliamentary secretaries, in spite of the office being exempted from purview of the office of profit law, has been struck down by courts in several states.

Why has the appointment as a parliamentary secretary been struck down while other offices are allowed to be exempt from the purview of the law? If legislators can be accommodated in positions other than ‘parliamentary secretary’, why do state governments continue to appoint legislators as parliamentary secretaries instead of appointing them to other offices?

These questions have been answered in a Calcutta High Court judgment in 2015 which held that since the position may confer the rank of a junior minister on the legislator, the appointment of MLAs as parliamentary secretaries was an attempt by state governments to bypass the constitutional ceiling on the number of ministers. In 2009, the Bombay High Court also held that appointing parliamentary secretaries of the rank and status of a Cabinet Minister is in violation of Article 164 (1A) of the Constitution.  The Article specifies that the number of ministers including the Chief Minister should not exceed 15% of the total number of members in the assembly.

(Source – PRS Legislative)