Libertatem Magazine - Issue 23 [Dec 2016]

MAST HEAD LIBERTATEM MAGAZINEEdition 23ISSN: 2395-4418www.mylibertatem.comFounders: Ankita Ranawat & Rahul Ranjan Content Creators: Saakshi Sharma, Vaibhav Sharma, Vaisakhi Muddana, Shubham Patel, Adit Kesarwani,Editor In-chief: Swarnabh Dutta Prateek Mago, Prithwish RoyAdvisory Editors: Dr. Howard Williamson, Dr. AhmadGhouri, Dr. Dabiru Patnaik, Dr. Rachana Choudhary, Asst. From the Courtroom: Piyush Agnihotri, Swarnalee Halder,Prof. Silky Mukherjee, Dr. Harmik Vaishnav, Asst. Prof. Shashank Mishra, Peri PratimaOwais Hasan Khan, Asst. Prof. Victor Nayak, Shhaurya Sah,Fr. Peter Ladis, Adv. Asim Pandya, Adv. Jayesh Patel Igniting Minds: Jaya Gurnani, Suyash Jain, Akanksha Sikri, Jane Maria TomySenior Editor: Smriti Brar Graphics Designer: Haba CristianEditorial Associate: Sarthak Sonwalkar, Nada Faruqi Partner Relations: Shristi MathurAssociate Editor: Rachana K, Aishwarya Dhakarey,Shreeyash Uday Lalit, Nimisha Srivastava, Apurva Taran,Pragalbhi Joshi, Pragya Dhoundiyal, Anushka Jain, RitishaMukherjee, Anchit Bhandari, Somya Stuti, Richa SankhlaDistributed By: Apple NewsStand, Google Play Newsstand, Amazon Kindle, Joomag Publishers, ReadWhere Newsstand,Magzter Newsstand2 Issue 23

CONTENT CONTENTARTICLESWhy 'We' are hypocrite4about technology?...............................................The Punjab-Haryana6Water Dispute.............................................................Smog Situation in Delhi:8Nature’s Cry for Help..................................................Jayalalitha:10A leader, an image..................................................COVER STORYThe TATA Boardroom12Battle Rages On......................................................16The 4G Battle ......................................................FEATURES22From the Courtroom..............................................28Igniting Minds......................................................... Issue 23 3

WHY ‘WE’ ARE HYPOCRITE ABOUT TECHNOLOGY?Why ‘We’ are hypocriteabout technology? by Mohd Owais FarooquiW e often see people blaming that transforming us, and changing our perception to look out watching television is the reason behind the world in a new way altogether. But, why do we still the poor performance of their children criticise it? Be it the Smartphone or the Internet or the in exams. People are generally critical of Robotics, they have just become a part of our society. Even the practice of religion is largely dependent on technology‘Technology' for their own faults, particularly, the social nowadays. Be it the ‘traditional' loudspeakers or the sound system in any religious establishment, or themedia, Smartphone, etc. Parents who are restricting their ‘modern' digital call of prayers at a scheduled time in your Smartphone, or reading of holy text in ‘kindle’, these are allkids to be on ‘facebook’ are ironically found on ‘facebook’ technological innovations and just making the practice of a religion convenient.themselves. People who are criticizing drones for being Hence, the pertinent question here is it justifiable tointrusive are sharing every bit of their information on criticize the technology for not bringing the solution with it? Like, if a social networking platform is being used forsocial networking sites. Then, what is this hypocrisy fanning rumours & hatred as it did in ‘Muzzaffarnagar riots', was it the fault of the users or the technology? Whoabout? Is it just that we became habitual of criticizing should be criticised for it? I'm sure the users must hold liability for it; technology should not be condemned for it.technology all the time for own faults based on our own Here what is necessary to be looked into that why the technology has been invented, implemented, who are thefallacies? people using it and where it is being used? The paradox and the circumstances, be it social, economic or politicalIn a democracy, the ideas between the individuals must bepromoted. In the last ten years or so, we have seen atremendous change in the way people communicate inIndia, it became fast due to the advancement ininformation and communication technology (ICT). We arebecoming more sophisticated users of technology day byday. ICT is undoubtedly providing one such platform forindividuals to express themselves. One cannot doubt thattechnology is making us independent, connecting us,4 Issue 23

WHY ‘WE’ ARE HYPOCRITE ABOUT TECHNOLOGY?must be looked into before being decisive upon a wants to talk to someone who is far away from him /her‘technology’. The social system in which it ‘exists’ must be and any medium which is helping to do so must beconsidered, for instance, people who are using technology appreciated. And obviously, in a free society none can berelated devices like Smartphone in metros like Delhi would compelled to talk to somebody. Hence, technology mustcertainly use it differently compared to who are using it in not be blamed in any case for creating for not talking toa small town. Similarly, a computer student can use a people who are placed near to you as it is a consciouslaptop in so many different ways than a philosophy choice.student. So, what matters in the case of technology is notthe ‘technology' itself rather the factors or circumstances People like to ‘criticise' and never stop complaining aboutin which it exists. the existing things. They are habitual of praising the past or perhaps, ‘Manto' was right in his own way in labellingI do not find myself in agreement with those who say that the society being ‘hypocrite' but technology should notusage of technology like Smartphone is leading to ‘social suffer due to this very human nature. Hence, it is our dutyisolation’. Further, that it is distancing us from our near & as a responsible citizen to make the best use of technologydear ones. I think it’s not. It’s rather empowering us and and should not blame for not bringing the solution with it.considered as a communication technology. And in a Policies must be formulated to regulate any technology bydemocracy any medium which promotes the considering the socio-economic factors that havecommunication of ideas amongst the individuals must be influenced its very creation. As Sustainable developmentencouraged. Talking to somebody who is physically near to goals mention ‘infrastructure’ expressly and sustainableyou doesn’t mean he/ she is endearing to you. If a person technology has a pivotal role to play in its development. Issue 23 5

THE PUNJAB-HARYANA WATER DISPUTEThe PunjabHaryana Water Dispute by Prithwish RoyT he Supreme Court in a five-member construction expeditiously. The matter took its toll in 2004 constitution bench headed by Justice Anil R when the then Chief Minister of Punjab Captain Amarinder Dave invalidated the Punjab Termination of Singh terminated the water sharing vide the Punjab Agreements Act, 2004 – the Act by which Termination of Agreements Act, 2004.Punjab had terminated its pact with Haryana, Himachal The present ruling by the Supreme Court was made after a presidential reference was sent to the Court regarding thePradesh, Rajasthan, Jammu and Kashmir and Delhi for the constitutional validity of the Punjab Termination of Agreements Act, 2004.sharing the Ravi-Beas river waters. CONTENTIONS OF THE STATES:The judgment in effect mandated Punjab to comply withthe courts previous two judgments on completion of the The contentions pleaded before the Court by the State ofSutlej-Yamuna Link (hereinafter SYL) canal. Haryana was that the Punjab Termination of Agreements Act, 2004 was an effort by the state of Punjab to bypass theTHE HISTORY OF THE SYL CANAL FEUD: judgment on completion of the SYL canal. Punjab enacted another law this year, to give back to the farmers the landFor a better context of the ruling, it’s advantageous to have acquired from them for completion of the SYL canal anda historical understanding as to what exactly the SYL issue the state of Haryana further contended that this law wasis and where it all started. an effort to render the presidential reference invalid.The SYL canal was built between Rivers Sutlej and Yamuna The state of Punjab on the other hand contended that anto provide water to Haryana from the Punjab side of the effect of the 2004 Act was that the previous judgments onwater bodies. In 1966, when Haryana was carved out from the SYL canal issue was invalid and hence, the 2016 law toPunjab, a central high level panel in 1971, came up with return the land acquired from the farmer back to them didthe recommendation to share Punjab’s water with not violate any court order.Haryana. DEVELOPMENTS POST THE JUDGMENT:The center later issued notification instructing the SYL tobe constructed. While Haryana constructed its share of the The judgment was met with widespread political protest.canal, Punjab, however, was not ready to build it. After Capt. Amarinder Singh resigned from his Lok Sabha seatpressure from the Central and Haryana Government in and all the party MLAs resigned from their assembly seats1985 a “Settlement Agreement” was signed by the then PM as mark of protest against the alleged “injustice meted outRajiv Gandhi and Akali Dal President Sant Harchand Singh to the people of the state.”Longowal however, the constructions never met the setdeadlines and the situation never improved in spite ofseveral orders from the Water Tribunal to finish the6 Issue 23

THE PUNJAB-HARYANA WATER DISPUTE The Aam Aadmi Party, who secured their only seats to the Lok Sabha election from Punjab, is still grappling with the nuances of the issues and is yet to take a firm stand on the same.The Chief Minister Prakash Singh Badal while stating the CONCLUSION:judgment to be unwelcome termed the resignation ofCapt. Amarinder Singh Badal as a political stunt while The court after directing to maintain a status quo on theDeputy Chief Minister Sukhbir Singh Badal even before the issue appointed three receivers in connection to the casejudgment had stated that even in case of an adverse and has sought a report from them on the next hearing ofjudgment he would not let any outside elements enter the the issue scheduled on 15th December on the situations instate and “take even a drop from Punjab”. relation to the land involved in the SYL canal. Senior Supreme Court lawyer, Mr. Harish Salve, appearing onMeanwhile, in Haryana the decision was welcome with behalf of the state of Punjab on the SYL issue was met bymuch aplomb and the incumbent Chief Minister Manohar the Chief Minister Prakash Singh Badal stating that theLal hailed the persistent efforts made by the present state issue was not merely one pertaining to a legal issue butgovernment for resolving the issue. The khap leaders of was one that involved emotions.Haryana went on to announce that they would disconnectPunjab from New Delhi by blocking all connectivity by rail Former Chief Minister of the state and the man behind theand road if the Punjab government refused to abide by the Punjab Termination of Agreements Act, 2004, Capt.decision of the Supreme Court. Amarinder Singh has warned that the judgment on the SYL canal can lead to the resurgence of Khalistani terrorism inRAMIFICATION OF THE JUDGMENT ON the state because of possible denial of water to residentsTHE UPCOMING ELECTION: of Malwa and other regions of southern Punjab which have a past history of violence.The implication of the order on the upcoming Punjabelection is manifold. The debate surrounding the judgment may go on but what is to be seen is the execution of the same. Given the legalIt was the then incumbent Chief Minister of Punjab, Capt. and emotional perspective attached to the SYL canal it isAmarinder Singh who was responsible for the Punjab well and truly a very sensitive issue and any judgementTermination of Agreements Act, 2004. And, invalidation of was bound to come with both welcome and unwelcomethe Act may augur well for the other parties in contention. responses. The SC hearing on December 15 will indicateIt is interesting to note that in 2004, Capt. Amarinder Singh how deep the water is and any possible instances ofin an act of rebellion had defied party chief Sonia Gandhi violence or any form of opposition towards the judgmentand the then Prime Minister Manmohan Singh while by the state of Punjab, which seems likely at this stage, isenacting the act and today this might just be the mileage how the Supreme Court clamps down upon them.the Congress Party would need to Arguably, this judgment may decide the fate of thereclaim the state. upcoming Punjab elections and in the face of it the conduct of the parties with diametrically different opinionsThe stand taken by the BJP at the on the issue is to be observed.center is neutral however, theNarendra Modi led party did not shyaway from pointing out the fact thatthe 2004 Act was in violation of twoprevious Supreme Court judgmentson the very same issue. The ploy ofBJP may not augur well for itschances in the upcoming electionsas it threatens its alliance with theAkali Dal in Punjab, however, it is tobe kept in mind that the BJP is theruling party in the state of Haryanaand hence staying totally neutral onthe issue was never an option. Issue 23 7

SMOG SITUATION IN DELHISmog Situation in Delhi:Nature’s Cry for Help by Saakshi SharmaTHE CRISIS Even otherwise, Delhi is admittedly not a very pollution free city. . In fact, it is one of the most polluted cities inThe morning of 31st October, 2016, saw the city of Delhi, India and the government, as well as the people, of Delhi,and a few neighboring areas, shrouded in a blanket of has constantly been warned by internal and externalthick smog. While the initial thought of most people was agencies alike to do something about the degradingthat the winters had hit Delhi early this year, however, the quality of breathable air in the region. Delhi has also seenidea faded away quickly when most of them realized that a substantial rise in the number of people suffering fromthe weather was in fact not cold at all. The temperatures breathing disorders in the last few years owing to thethroughout the day continued to be around 30’C to 35’C falling standards of air purity. However, the morning afterbut the blanket of smog still engulfed the city and the Diwali witnessed a new low in this alarming chain ofvisibility continued to remain really poor. Soon thereafter, events. The Particulate Matter Pollutants Level, which isnews started to pour in about how the smog enveloping normally between 2.5 and 10, had reached levels roughlyDelhi was actually due to the intense air pollution caused 15 times above the generally accepted safe limits. Theby burning of crackers on. 30th October, 2016, the night of reports submitted by The Delhi Pollution ControlDiwali. The pollution levels reached an alarming 40 times Committee state that the air quality in certain places, suchover the safe limit levels and the residents were left with as RK Puram, was 42 times worse than what can be termedno alternative but to breathe the noxious gasses. . Such as a safe limit.was the situation of Delhi that it beat Beijing’s worst airpollution events on the Diwali night of 2016 rendering allthe measures and pledges enforced and taken by thegovernment and public respectively failing to do any good.On 31st October 2016, and for at least one week after, thevisibility in most areas of the city dropped down to zeroleading to a lot of flights being cancelled as well as trainsbeing delayed owing to the same. Normal life of theresidents was severely disrupted and most people choseto stay indoors due to the extreme difficulty in safelymaneuvering the roads. Such was the gravity of thesituation that over the next few days, schools all over thecity had to declare leaves because of the fact that the kidswere unable to reach school on their own and becauseschool buses were unable to effectively ply due to the poorvisibility on the roads severely multiplying the chances ofan accident.8 Issue 23

SMOG SITUATION IN DELHIPOSSIBLE CAUSES1.The WeatherThe weather conditions prevailing purchasing crackers. However, all such efforts and pledgesin the capital were touted as one of went up in smoke on the eve of Diwali as the evening after,the biggest reasons for the density when most of the residents took to the streets bursting theand severity of the smog. The end very same crackers that they had promised to refrain from.of the month of October is usually Delhi is known both for its immense population and itsthe time when winter begins to set extreme pollution and when such a vast number of peoplein the city of Delhi. This means that contribute to the release of even more pollutants into anthe speed of the winds is already over-polluted air, then the result is as disastrous assignificantly reduced and the the smog covering the city of Delhi the day succeedingtemperatures also begin to drop. Diwali.The result of a combination of thetwo is instead of the smog THE REPERCUSSIONSparticles being constantly blownaway and scattered by the wind, they begin to collect and As has already been discussed above, the entire city ofsolidify in their own place, leading to the increased density Delhi came to a standstill as the visibility on the streetsof the smog. Additionally, is also the fact that the air of reduced to almost zero and inherently the chances of aDelhi is so polluted all year round that it does not have road accident went up drastically. The number of peopleany additional capacity to to bear the added pollution suffering from breathing related medical conditions alsofrom the crackers and crop burning, among other sources shot up astronomically and schools and offices had toof air pollution in the city. remain shut for a number of days to ensure traffic on the streets is reduced ad no untoward road accidents occur.2.Crop Burning The government also tried to take steps to reduce the smog to acceptable standards but not much could be doneOne of the practices used by farmers to clear the land for apart from letting nature take its course and letting theagricultural purposes is crop burning. Essentially, its a smog naturally clear away.process in which the farmers set fire to thecrops/trees/plants growing in a certain area of land in a CONCLUSIONcontrolled way such that only the desired amount of areais cleared while the rest of the area remains covered invegetation. One of the major repercussions of this processis the release of various gases in the air from the burning ofsuch vegetation. Since, Punjab is one of the majoragricultural centers in India, this practice is highlyprevalent in those parts. The proximity of Punjab to Delhiand the mass scale burning of crops in the area is believedto be one of the primary causes of the smog. The Akali Dal,which is the ruling party in Punjab has also been blamedfor not taking stringent actions against such activitiesowing to the upcoming elections.3.The Crackers Burst During Diwali The smog situation created in Delhi, even though temporary, served as a huge reminder that the air in DelhiBursting of crackers during the festival of Diwali is a is already polluted to its maximum and it is high time thatcommon practice in every household, especially in the serious steps are taken to bring the pollution levels underNorthern parts of India. However, the indiscriminate check. The smog also served as a wakeup call for all thoseburning of such crackers is one of the biggest sources of who were up until now under the assumption that airthe release of noxious gasses and pollutants into the pollution is way more hyped than it should be. If the smogatmosphere. This year saw huge campaigns being for a few days could wreak such havoc in the lives of theundertaken by the government and private parties alike to people, further air pollution could be catastrophic for thespread awareness about the ill effects of bursting people as well as the nation and hence it is in the bestfireworks. A majority of the citizens took pledges to interests of everyone that sincere efforts be made to curbcelebrate Diwali in an eco-friendly manner by avoiding the menace of air pollution. Issue 23 9

Jayalalitha:A leader, an imageby Sarthak SonwalkarP uratchi Thalaivi, or revolutionary leader, or fore of the Tamil Nadu’s political landscape. Her more closely- Amma (mother), as she was association with MGR was quite evident from the fact that popularly called by her party cadres and she was continuously besides MGR’s mortal remains after followers, Jayalalitha was a reluctant his demise in 1987 and was asked to go away by the family members of MGR, which she took as an obviousentrant into both cinema and politics. While, Vennira Aadai humiliation to herself. Soon after MGR’s demise, AIADMK was divided into two factions, viz., the one led by(1965) marked her entry into Tamil Cinema, her Jayalalitha, and the other led by Janaki (MGR’s third wife). Jayalalitha was able to garner the popular support of theassociation with M.G. Ramachandran (popularly known as party cadres and soon emerged as the heavier of the two factions created after MGR’s death. During her career, sheMGR) and her appointment as propaganda secretary of had had five terms as the Chief Minister of Tamil Nadu, with her first stint beginning in 1991. During these tenures,AIADMK marked her entry into Tamil politics. With her twice she had to step down owing to various factors, but the same could never budge her from the political scene,demise on December 5th, 2016, she became third Chief even when she was imprisoned for a while. Every time she made a comeback, she seemed more determined andMinister of Tamil Nadu to die while being in the office. resonant.Besides serving as the Chief Minister of the State, she was One of the prominent features of the Dravidian politics, AIADMK in particular has been that the party revolvesalso AIADMK’s General Secretary. To the position which she around its leader, be it MGR or Jayalalitha. Adding to this, the clearly articulated personality of hers which she hadrose to and the prominent figure she was, all of it was put forth before the masses and was quickly bought, she emerged as the sole decision-maker of the party, to whomphenomenal. The Dravidian parties in Tamil Nadu largelyemerged as a response to the otherwise dominant upper-castes while establishing themselves as the representativeof the Dravidian race in the core of Tamil Nadu, after whichit has remained unperturbed to an extent from thenational electoral trend. In such scenario, Jayalalitha, whohailed from an upper-caste Brahmin family, the feat shehad achieved and the towering figure which she hadbecome was remarkable. Her close association with MGRthrough her days in the film industry brought her to the10 Issue 23

JAYALALITHAno one dared to question, but toe to her line. At times she over the reins of the party. Severalwould test the loyalty of even the closest of her aides, and party functionaries, who were earlierwould reward them if they passed that particular test. being alleged to be attempting toEvery single party member paid obeisance to Amma and capitalize over the situation, havequestioning any of her decisions was simply not an option come forward to show their supportavailable on the table. Unconditional support was what for Sasikala and have publicly urgedshe expected from her party cadres. As a leading daily of her to take over the post of partythe country describes her, tempestuous and mercurial General Secretary. If some analogy iswhen she is down, placid and cold when she is on the top, sought to be drawn between theshe had many dimensions to herself1. Yet, despite all of it, current developments and the onesshe was largely enigmatic. Her image as Amma was indeed which occurred after MGR’s death,resounding and no doubt her initiatives in the State such Sasikala at present seems to have anas that of Amma Unavagam (canteens providing food to easier way, given that AIADMK so farthe poor at extremely cheap prices) or distribution of does not appear to have any otheramenities, all of it was taken as the blessings from a faction rising up in the wake of themother to her children and this had gone ahead to give her situation. Her appointment, at leasttremendous support. for the time being, may put an end to the questions of caste as a decidingAIADMK anyways remains a kind of loose political factor in deciding its next leader andorganization, where everything depends on the charisma party supremos. However, Sasikalaof top leaders and which has always been decisive for would have the challenge of keepinggarnering electoral support. With Jayalalitha’s demise, the the party together, given the suddenquestion of party’s leadership had indeed been thrown demise of its indubitable andinto the state of oblivion, however, Sasikala, Jayalalitha’s unquestionable leader.closest aide is being urged by the party members to take Another significant question which can be raised here is that whether the current situation provides an opportunity to the other political parties to take advantage of the situation. This question assumes great significance given the fact that figure plays important role in party politics in Tamil Nadu. Karunanidhi has been reluctant to officially handover the reins of the party to his obvious successor Stalin, perhaps the reason being the role of personalities in the Tamil politics. The importance of personalities in the Tamil politics can be well judged from the fact that a Brahmin could unquestionably and boldly lead a Dravidian party for years (Besides Jayalalitha being a Brahmin, MGR too was an upper caste Malayali). Though, this somehow has also sent a message through years, that AIADMK is more of a rationalist-inclined party than based on the popular case for the Dravidian movement. The case for the parties like BJP, who have been able to build up a sensation at the national political stage remains blur, given the importance of appeal to the regional sentiments in Tamil Nadu. A practical difficulty arises for any Government at the Centre in taking one-sided stands on certain issues such as that of Cauvery water issue or anti-Hindi movement of the past and therefore the prospects for any regional party remain very less, unless there is a possibility of forging alliances and garnering external support only. There of course will not be any possibility for any internal arrangement with any of the Dravidian parties.1The Hindu, December 6th, 2016. Issue 23 11

COVER STORYThe TATA The Boardroom Battle between the former Chairman of the Tata Group Cyrus Mistry and the old guard RatanBoardroom Tata has seen various turnarounds since 24th October when the former was removed as the head of the conglomerate after a stint of fourCBattleORages OVn ERbyVaibhavSharma years. The Board of Directors of the various companies of the Tata Group have been divided over the issue of Mistry’s ouster. The past fortnight has seen a spate of meetings of the companies in the Tata Group to resolve the issue. The confrontation is being seen by the industry experts as the clash of two conflicting business ideologies. The experienced leadership view the entire Group as a12 Issue 22

COVER STORY off the company at one stage. But the drama didn’t end there as the former chief of TCS F.C. Kohli terming the claims of Mistry as ‘not correct.’ Kohli who is widely regarded as the Father of the Indian IT Industry for his unparalleled contribution, vehemently backed Ratan Tata and said that there was no definite proposal for the selling of TCS to IBM at any point of time. These developments have come in the wake of the appeal by Nusli Wadia made to the Tata Sons to withdraw its letter asking the companies to hold meetings on Mistry’s ouster. Wadia, also a Director in the Tata Sons, has been supportive of Cyrus Mistry from the very beginning. He had even termed the allegations made by the Tata Sons against Mistry as ‘false, defamatory and libellous.’ The unrelenting support extended by Wadia to Cyrus Mistry bring out in the open the sharp difference in the Board of Directors as regards the removal of Cyrus Mistry as the Chairman of the Tata Group. TCS had called for an Emergency General Meeting (thereinafter referred to as “EGM”) on 13th December to remove Mistry even from the post of Director which requires the decision to be taken by the majority of the company’s stakeholders. . It is pertinent to note that one of the major bone of contention in the present Boardroom controversy has been the question of Corusbig conglomerate and tends to keep the company issued a statement on acquisition. Corus was acquired byeven the loss making entities afloat by 21st November that accused Cyrus the Tata Steel at a whooping cost of $infusing in capital. Cyrus Mistry is Mistry of causing enormous harm to 12 billion. The Tata Steel has run intoconsidered to be more pragmatic in the reputation of the company and its the storm for the past couple of yearsapproach and had been favouring the stakeholders. It is seen as an unusual due to poor demand and cheapclosure of the loss making companies incident as the statement directed imports by China. But the experts alsoto improve the overall financial health condemned the role of its former hold the costly buying of the firmof the Tata Group. Chairman as being adversarial to the responsible for not being able to company’s interests. The more atypical development was the statement given by Cyrus Mistry the next day. While refuting the claims of the company, he said, “Tata (Ratan Tata) tried to sell TCS to IBM and made the Corus buy costly.” He criticised Ratan Tata for not being able to manage the affairs of TCS properly and even attempting to sellQueStion of tCS recover the capital being a majorLeaderShip reason as well. Mistry has already said the Corus deal was financialThe clash for the leadership in the imprudent and was done at theTata Group has been closely behest of one man’s ego (i.e. Ratanassociated with the supremacy of Tala Tata’s) only. Tata Steel has alsoConsultancy Services Ltd. The first suffered due to not being allowed by the British government to lay offSTORYmajordevelopmentoccurredwhen employees to cut down on costs. The Issue 22 13

COVER STORY few CompanieS againSt CyruS miStry’S eViCtioncompany is now looking to sell out a ethos. It is this attribute that has The Tata conglomerate worth aroundmajor stake in order to relive the inclined the Board of Directors of Tata $103 billion has some companies whofortunes. Steel to remove Cyrus Mistry from the have fervidly stood in favour of Cyrus post of the Chairman. Mistry and has declined to removeCompanieS faVouring him from the post of their Chairman.miStry’S remoVaL While the traditional Tata Outlook The Indian Hotels Company (IHC) in would side with revival of the sick which the Tata Sons has a stakeThe Tata Group is a big conglomerate units through capital inflow and novel holding of about 38.65%, hasand is popular worldwide for ideas, Cyrus Mistry had been questioned the expulsion of Mistry.producing a wide array of products favouring the selling of a major stake Mistry who continues to be thefrom salt to motor cars. It also has a of Tata Steel. Mistry has been leaning Chairman of the company evenrich legacy behind it that goes beyond towards the trimming of the chaired its meeting on 21stthe sole objective of profit making. conglomerate portfolio in order to November. The Tata Power has alsoThe Group had been associated with make it financial viable and rendered fortification to the cause ofthe works of primary education and sustainable in the present times. The Mistry and is not favouring hisphilanthropy. A recent example of the Tata Steel removed Mistry as its eviction. Though the company issocietal welfare attribute of the Group chairman on 25th November. Another schedule to have an EGM to decidehas been the work done by the Taj company that had ardently supported the fate of Mistry on 26th December, itPublic Service Welfare Trust. The Trust Cyrus’s ouster is Tata Global is highly unlikely that an adversehas been helping the victims of the Beverages Ltd. which also manages verdict will be given to him. He has26/11 Mumbai the Starbucks chain of cafes across continued to chair the generalattacks by proving the nation. meetings of the company even afterhealthcare and the 24th October ouster by the Tatafinancial support. It Sons.had also providedvocational training Support of the CentraLand had given goVernmentemployment to thefamily members of The battle between the twothe deceased in leaderships at one of the largestorder to earn their industrial group of the nation is to belivelihood. Thebenevolent natureof the Tata Groupdifferentiates itfrom the other bigbusiness houses inIndia and has beenthe hallmark of itswork culture and14 Issue 22

COVER STORYdecided by the Board of Directors of watchdog Securities and Exchange December to decision the matter. Thethe various companies, but there have Board of India (SEBI) to track the Tata Steel has recently signed thebeen attempts made by Ratan Tata to developments closely. ‘Letter of Intent’ with the Londonappease the Central Government for a House Group to enter into thefavourable stance. On 24th November, the road ahead negotiations for the sale of $ 124.3Ratan Tata had twitted that the million stake of the company. It isdemonetisation policy of the While the battle between the two being seen as a damage controlgovernment had caused great guards seem to have been unresolved measure as the company had beenhardships for the common man. In the for quite a while now, it appears that unable to produce any profits due toremarkable turn of events, he Cyrus Mistry is not going to give up slow global economy and huge labourfavoured the note ban of the Union easily. The Mistry Group (Mistry and costs in Britain where it employsgovernment on 26th November when Nusli Wadia) hardened their stance around 1700 people.he wrote on his Twitter account, “PM and had already stated that they willhas displayed enormous courage in contest the proposal to remove them The climax of this Boardroom Battlewaging war against the black from the Board of Tata Motors. The will be reached in the impendingeconomy.” He also wrote that the Tata Motors is one of the most EGMs of the various companies whichdemonetisation is one of the three important companies of the Tata will decide the fate of Cyrus Mistry. Itmajor economic reforms that the Group and the only one to feature in will be interesting to see if thenation has witnessed along with the list of Fortune 500 in 2015. The majority in the EGMs of TCS, Tatadelicensing and economic Tata Motors is not performing greatly Power, Tata Motors and Tat Steel sidesliberalisation. It is being speculated in the recent times due to huge cost of with the verdict of Tata Sons or if thethat former Tata stalwart is trying to the Nano project, a brainchild of Mistry Group is able to battle thewin over the Centre government who Ratan Tata. Cyrus Mistry has already storm. It will be in the best interests ofhad till now being neutral on the criticised his successor for the project Indian industry that the Boardroomissue. It is worthwhile to state that the that had drains million from the confrontation don’t get ant murkierCentre government has been closely company’s coffers. The EGM of Tata and the parties respect the verdicts ofmonitoring the Tata Boardroom Battle Motors is scheduled on 22nd the various EGMs scheduled in theand had even instructed the month of December. Issue 22 15

COVER STORYThe 4G introduCtion One small move may, in certain cases be a cause of revolution. Same can beBattle considered for the introduction of Reliance Jio (hereinafter referred as Jio). On September the 5th, Mukeshby Shubham patel Ambani of the Reliance IndustriesCOVERLimitedannouncedstartofanew4G based voice and internet data services through 4G telecommunication technologies. Jio in around 80 days of its inception has attracted more than 5 crore subscribers. This would certainly go as a record breaker in telecom industry. Jio has clarified that it’s main area of16 Issue 22

COVER STORY 2010 itself. However questions are raised over the allotment of the spectrums which enable Jio to carry out its business. Reliance acquired the 2,300 Mhz bands through Infotel Broadband Services Private Limited (IBS). It was reported later that the IBS failed to report to the DoT and the TRAI about its ongoing talks with the Reliance in relation to the later was going to acquire IBS. This non-disclosure can be termed anticompetitive as it blindsided the other participants in the bidding process [V. Shridhar, Frontline, Spectrum Grab, 30/09/2016]. After the 3G allotment there was a lukewarm response for the latter 4G auctions. The IBS managed to buy one block each in 22 telecom circles all over the country, allowing it a pan India presence. Less than a week later IBS issued 95% of its share to Reliance making it the owner of the company, IBS was then later renamed Reliance Jio Infocom Limited [Jai Bhatia, Economic and Political Weekly: Vol. 51 Issue 39, Reliance Jio: Predatory Pricing or Predatory Behavior?, 24/09/2016]. It is alleged that rules were bent to allow the usage of the bands which were earlier meant to be used for data purposes only. When IBS applied for license to operate mobile and landline services it was granted permission to do so by granting a unified license.focus and hence source of revenue customers. Since the starting of This caused the government anwould be data services rather than services Jio has been in constant estimated loss of ₹ 22,842 crore andvoice ones. Jio presently is the only tussle, be it the matter of MNP, the allowed Reliance to buy theoperator which has fully concentrated initial test stage, call drops or spectrums at much cheaper rate thanin data sector and even the voice calls anticompetitive nature. The telecom what others had paid for 3G. Due toare carried over VoLTE (Voice over operators are blaming each other and the initial intended nature of use, thatLong Term Evolution). VoLTE uses the customer is still in confusion over was making data service available indata transfer over IP which is the issue. remote areas, the Spectrum Usagegenerally faster than the regular Charges were kept as low as 1% butmethod, this seems more important since then the nature of use hasto note as most of the other telecom change but the SUC have not. Foroperators still use and have heavily what other companies are payingspend on the earlier 2G and 3G from 5% to 8% of revenue Jio is liabletechnologies. to pay 1% this shows a great anomaly. [V. Shridhar, Frontline, SpectrumThe coming of Jio into picture was not Grab, 30/09/2016]as welcomed by the other telecomSTORYoperatorsasitwasdonebythe the 4g SpeCtrum aLLotment The years 2015 and 2016 can be considered as starting points in discussions related to 4G network in common parlance, but the allotment of the spectrums started way back in Issue 22 17

COVER STORYSpeCtrum CoVerage of eStaBLiShment and of ₹ 15,000 crore and is said to be the biggest start-up in the world.reLianCe, Vodafone and entranCe of reLianCe The public response towards Jio isother operatorS Jio in the teLeCom appalling as was manifested by the serpentine lines which were beforeJio is leading the tables for maximum BuSineSS the offices of Jio in initial period,reach, with reach in all zones followed which is manifested in the fact that itclosely by Airtel which is present in 21 Jio, in words of Mukesh Ambani was has reached a number of more than 5zones. Other competitors include Idea established taking into consideration crore subscribers till now. The crazefollowed by Vodafone, BSNL and the boom in the world and India was and demand of the Jio SIM is evidentAircel at last. Jio is the only telecom lagging behind due to the lack of from the fact that even thought it wasprovider to have 2,300 Mhz bands all mobile internet access. The idea intended to be free of cost, people areover the country. Except for Punjab, behind Jio was to provide faster, buying it in black for costs upto ₹ 500UP West, Bihar and Jammu and better and cheaper internet access to and above per SIM [Reeba Zachariah,Kashmir it also enjoys 1,800 Mhz the consumers. Jio has came up with The Economic Times, Reliance Jio simbands, and exclusive enjoyment of very attractive offers as a part of its being sold in black, 04/09/2016].850 Mhz bands for 4G in certain parts. starting campaign. It offers free Though it can be said that majority ofBSNL is the only operator to unlimited voice calls and a bunch of this is due to the free data and voiceexclusively enjoy 2,500 Mhz bands in data options to select from ranging call options which is provided by theall the zones it is present which are 14 from ₹ 149 for 300 MB to ₹ 4,999 for 75 company, earlier the scheme was toin number. Airtel and Vodafone are a GB, this has brought down the price last till December 31st, 2016 but nowmix bag of 2,300 Mhz and 850 Mhz per GB of internet from the existing has been extended to March 2017.bands, whereas Idea has only 850 Mhz prices, also as a part of scheme ofbands. Aircel has 2300 Mhz bands in things customers who buy a LYF Though it was in place from Decemberthe areas it is present. Smartphone and use Jio will are to 2015, when it was launched for the get more offers, LYF happens to be a trial period. During that time its use product of Reliance Industries. The was not only limited to its employees, company started with a equity capital18 Issue 22

COVER STORYtheir family members and friends, but like these also instill confidence that made to their network (i.e for everyreached a whooping 1.5 million any budding telecom operator needs call a Jio user makes to X company’speople who benefited from it. not to necessarily worry about the number 14 paisa are paid to X). TRAIAlthough such reach, before the infrastructural issues, if they enter in sided with Jio and put a fine of Rs.formal starting of the operations of agreements they can start operations 3500 crore on Airtel, Vodafone andthe company, is questioned by some. and with time can develop their own Idea combined. infrastructure.The rise of Jio as a telecom provider in Though after the intervention of TRAIthe Indian market is nothing but CaLL dropS and and steps taken by the other playersastonishing, be it for whatever inVoLVement of trai the call drop rate of Jio has camereasons. This shows that the Indian down to 20% from the initial of 90%.society is poised to adopt the internet The coming in market of Jio brought This data may seem satisfactory but isin a much larger and grander scale. another less common issue as a alarming as the telecom industryWith its inception Jio has also prevalent one in the domain of the should have been better equippedunsettled the existing few of the telecom industry. The Promoter of and benefit of customers should havemarket. Reliance Jio, Mr. Anil Ambani claimed been made the top priority. that about 900 crore calls of Jio wereteLeCom tower Sharing dropped since the service has started. mnp proBLem withagreement It is alleged that though the reLianCe and Jio customers are showing positiveJio has plans for the pan India response the existing companies are MNP stands for Mobile Numberpresence to capitalize the early bird not. Portability, it allows the user toopportunity in the 4G market. To change its telecom operator withoutensure the benefits it eyed for the Call dropping is not a new issue in changing the contact number. Sincewidespread reach is a must need. Jio India, earlier also these kinds of not everyone favors changing theirin order to do so entered into tower problems surfaced. The TRAI mooted numbers for the sake of free offers for the penalty of Re. 1 per dropped that is where the MNP issue comes sharing agreements call, but it was rejected by the into Jio picture. with various existing Supreme Court. After this it was said players. The partners that the companies would spend Jio alleged that the Bharti Airtel, Idea in this agreement more on building towers and and Vodafone were not allowing the include Bharti Airtel, necessary infrastructure to reduce customers to change their numbers to Viom Network, this issue. The problem manifested Jio based on unsubstantiated Ascend, Reliance again with entry of Jio as the calls grounds. It further claims it as a Communications and failed to connect. violation of Telecommunication Indus Towers. Jio is Mobile Number Portability currently using Seeing the state of affairs of call drop Regulation, 2009 and TRAI directions. 192,500 network and the tussle over Point of It is also pertinent to note that when towers which include Interconnection (POIs)TRAI came into Reliance asked it’s employees to 45,000 of Reliance the picture. Jio alleged that Jio to Jio change their numbers to Jio then Communication, calls did not drop whereas Jio to 4919 MNP requests of such corporate about 82,000 of Bharti some other network initially 90% calls numbers were declined by Airtel Airtel and Indus dropped. Jio puts the blame for this [Sami Khan, International Business combined, 42,000 of over the other companies. The Qo S Times, Reliance Jio number Viom and 4,500 of Rules provide that not more than 5 of portability issues: Airtel, Vodafone, Ascend. The company every 1000 calls made should drop Idea rejecting MNP requests, Jio tells has said that it would and TRAI on the analysis of data found TRAI, 16/09/16]. The companies have using its own as well that the “call failure figures to be 0.5% said that the claims of Jio are baseless as rented quality of service standards”. TRAI and they are not stopping the infrastructure to called upon all the companies to conversions without proper reasons. provide internet come and settle the dispute, over services. which the companies promised to This becomes important as without increase the POIs. The contentions this the existing customers would not These agreements that Jio itself is anticompetitive and be able to switch to Jio. This takes give a strong push thus hampers them was sided by the away from the customers a right to towards the pan India TRAI as the other operators are paid a knit pick what they find best for expansionist dreams termination charge for every call themselves keeping their numbers of Jio. Agreements save. The need of keeping a number Issue 22 19

COVER STORYintact is also manifested from the fact not they lose the popularity and raised that they were willfully doingthat a mobile number of a person is support of the customers, and if they so, so as to refrain customers fromdistributed to numerous person and do the benefit decline. It is usually switching.making arrangements to tell all a new done to unsettle the previouslynumber may become cumbersome existing players and to then create a What puts Jio in the position ofand redundant process. The monopoly in the market. The Indian command is the fact that though itcompanies at a fundamental level law defines predatory behavior as has brought spectrums of lowershould not stoop to these levels as when the price at which the service is frequency, but it is essentiallynot only it is anti competitive and provided is much less than the cost focusing in 4G market. Whereas thethey hamper the growth of the other price at which it is produced with a other players have their respective 2G,company, but also take the freedom aim to hamper competition. When Jio 3G and voice based services toof free choice from the consumers. announced its “ultra” cheap plans all monitor, and also to lookout 4G the other telecom companies had to developments. Jio eyes to take thethe priCe war, bring down their prices which ‘early bird’ benefit in the 4G market,predatory priCing and ultimately lead to a price war where but if the companies investCompetitiVeneSS companies almost by cutting the price increasingly in the 4G sector the Jio down by half tried to retain their effect may be turn out to be shortComing of Jio launched a cold and customers. Companies like BSNL lived. What needs to be considered isbitter war of price and allegation from announced that they would compete that not all the telephonic operationsall sided. The already present with Jio on a plan to plan basis. The can be converted to 4G or VoLTEcompanies call the tactics of Jio as companies alleged that what Jio was because of the social economicpredatory and Jio alleges that they by doing was predatory in nature. condition of Indian Society. Thenot allowing connecting the calls are income variance still restrains thebehaving in anti competitive nature. Indian telecommunication market is lower strata of the society to adopt dotted with multiple small and big these expensive technologies.Predatory Pricing, as the word telecom operators. The realsuggest is a method of pricing competition though was between the This was not the first time thatadopted by the company where it main three of the market, Bharti companies such big came into thislowers the price of the services Airtel, Idea and Vodafone together dogfight, same was the case with Olaprovided. Due to this the other players control around 75% of the and Uber, Flipkart and Amazon. As isof the market have to reduce the telecommunication market. They with every case only time will tell thatprice. The reason being that if they do came into picture when the calls to what extent these offers were started dropping and allegations predatory.20 Issue 22

COVER STORYfree VoiCe CaLLS: iS it data to circuit switched (which call it “predatory” or “anti-reaL? according to the present competitive”; the true nature circumstances is the normal however only future wouldfree voice calls, apart from the way). Secondly if the customer manifest. But what Jio did is that4g data is one of the most talked does not has 4g enabled phone it changed the entire outlookaspect of Jio. the company then he would need to have the with which thepromises unlimited free calls Jio4gVoice app to facilitate the telecommunication was seenusing the network. Question calls. finally if some over the top prior to its entry. predatory orwhich needs to be raised is that application such as whatsapp, not it has been able to set certainhow much this offer or claim Skype etc would be used to make standards which the otherholds true. Jio uses the Voip the Voip calls then data would be companies invariably have to(Voice over internet protocol) to deducted. compete with. there are severaltransfer the voice calls which is caveats and underlining thingsdifferent from what traditionally this should be looked in the attached to the rise of Jio in thewas done as only very small part backdrop of the fact that most of indian market, but it seems wellof voice is sent as data in 2g and the mobile phones, at least accepted in the market.3g services. Since Jio only has 4g those launched before 2016 areservices it has lesser options in not 4g enabled, this means that this long due innovation wasrespect of voice calls. if those consumers what to use need to bring india at a level the services they either need to pedestal with word on this front,there are several caveats get the app, or they need to have as well as making the fast andattached to the concept of free a 4g phone, which ultimately cheap internet accessible to all.Voice call which Jio if flouting. would make the cost incurred one of the questions that this Jiofirstly, the best of this service is more than what is provided for. battle seems to bring forward isprovided when both the caller to ponder and consider that howand receiver are using a VoLte ConCLuSion much time would be taken bynetwork and necessarily a 4g the telecom industries to riseenabled device. when the caller the prime minister endorsed it from this state of hybrid naturewould connect to a person of (as per Jio advertisements), the and completely shift to VoLtesome other network then the media houses called it and whether the same is boundsame quality of transfer would “revolutionary” and “game to happen in near future or not.not be provided as then Jio changer” and the competitorswould convert the packet based Issue 22 21

FROM THE COURTROOMby Swarnalee Haldar Shashank Mishra

NATIONAL ANTHEM- NOW FROM THE COURTROOMMANDATORY IN CINEMAS DEATH WITHIN 7 YEARS OFCASE - SHYAM NARAYAN MARRIAGE- NOTCHOUSKEY V. UNION OF NECESSARILY DOWRY DEATHINDIA CASE - BAJINATH V. STATE OF MADHYA PRADESHFACTS FACTA PIL was filed in Supreme Court of India to clarify when Around 8 pm at night the deceased in laws had dinner andthe national anthem should be sung. The PIL was file by after watching television, retired to the respective roomsShyam Narayan Chouskey who was seeking a set of for the night. The daughter in law (deceased) was foundparameters on what amounts to abuse of the anthem. The hanging from the fan next morning. The deceased waspetition sought the anthem to be played in cinema halls married to Rakesh. A case was registered with chaneriacross the country before screening of films and also issue Police station and on the completion the investigationa protocol for the playing or singing of the anthem at charge-sheet was laid against the appellants together withfunctions where constitutional dignitaries are in Rakesh, husband of the deceased and Prem Bai, wife of theattendance. Mr Chouskey in his PIL had brought before the appellant No.1 under Sections 302, 304B, 498A, 201 readbench examples to illustrate how provisions of Prevention with Section 34 of the Code. According to the prosecution,of Insults to National Honour Act, 1971, were being the investigation revealed that the husband of thebreached. He cited two incidents from 2015: first when a deceased along with the appellants had been demandingvery short version of the national anthem was played at dowry and in pursuit thereof had subjected the deceasedthe swearing-in ceremony of AIADMK chief J. Jayalalithaa to harassment and torture in the proximate past of theas chief minister of Tamil Nadu and second when Uttar incident. The Trial Court on an exhaustive assessment ofPradesh Governor Ram Naik stopped the national anthem the evidence adduced, acquitted the accused persons ofmidway during an oath-taking function for state ministers. the charges against which the respondent/State preferredChouksey also attached pictures of paper food plates with an appeal before the High Court. The impugned decisionthe national anthem printed which were strewn on streets has been rendered thereby upturning the acquittal. Theafter a marriage function. trial court though admitted the fact that the incident occurred in the matrimonial home within 7 years ofDECISION marriage yet dismissed the evidence in connection with the demand of motorcycle in the form of dowry andTo instill “committed patriotism and nationalism”, the torture, cruelty and harassment on the deceased.Supreme Court ordered that “all the cinema halls in Indiashall play the national anthem before the feature film The High Court however being of the opinion that thestarts and all present in the hall are obliged to stand up to deceased had died an unnatural death in suspiciousshow respect to the national anthem” as a part of their circumstances in her matrimonial home within 7 years of“sacred obligation”. The bench gave 10 (ten) days for marriage and that the same was preceded by persistentcompliance with his direction. The court order, however, demands for a motorcycle as dowry in marriagedoes not entail any penalty or punishment for not standing accompanied by cruelty, returned the finding of guiltwhen the national anthem is played and hence, it remains against the appellants but exonerated Prem Bai, the wifeto be seen how public authorities and those managing of appellant No.1 i.e. Baijnath. It accepted the evidenceprivate cinema halls would ensure the direction is followed adduced by the prosecution qua the charge of dowry“in letter and spirit.” In making this order, the bench demand, harassment and cruelty in connection therewithreferred to Article 51(A) (a) of the Constitution, which and applied the deeming prescription/statutorystates that “it shall be the duty of every citizen of India to presumption contained in Section 304B of the Code andabide by the Constitution and respect its ideals and Section 113B of Act, 1892.institutions, the National Flag and the NationalAnthem”.The Supreme Court's decision to consider this PIL DECISIONfollowed after a wheelchair-bound man was assaulted by acouple at a cinema hall in Panaji for not standing up The in laws preferred a criminal appeal to the Supremeduring the rendition of the anthem. Court of India, after being aggrieved by the conversion of their acquittal into conviction by the High Court under Issue 23 23

FROM THE COURTROOMSections 498A and 304B of the Indian Penal Code. They recorded by it are valid, the High Court based itsprayed to set aside the previous verdict. But, the Supreme determination substantially on presumptive inferencesCourt relied on the finding of the trial court and rejected taking the aid of Section 113B of the Act, divorced from thethe observation given by the High Court and further attendant facts and the evidence with regard thereto. Weobserved that the analysis of the evidence by the Trial are thus of the opinion, that the conclusions of the HighCourt, in the court’s view , has been in the proper Court do not constitute a plausible view on the materialsperspectives, factual and legal and thus the findings on record and cannot be sustained. Supreme Court also24 Issue 23

FROM THE COURTROOMenumerated the term dowry and also gave observation MERE SUSPICION OF EXTRA-regarding the meaning of dowry and further also observed MARITAL RELATIONSHIP BYand stated that when it should be presumed that dowry HUSBAND NOT ‘CRUELTY’ TOdeath occurred because of cruelty, harassment before the ATTRACT SECTION 498A/306death. IPC CASE - K.V. PRAKASH BABU V. STATE OF KARNATAKA, SLP (CRL.) NO. 5928-5929 OF 2016 DATE OF DECISION- 22.11.2016 The Apex Court in K.V. Prakash Babu vs. State of Karnataka, has held that solely because the husband is involved in an extra-marital relationship and there is some suspicion in the mind of wife that cannot be regarded as mental cruelty which could attract Section 498A/306 IPC. BRIEF FACTS: The prosecution case was that the wife felt extremely hurt and, eventually being unable to withstand the conduct of the husband who was allegedly involved in an extra-marital affair with another girl, put an end to her life. The High Court upheld the trial court judgment convicting him under Section 498A and also held him guilty under sectiio 306 IPC for abeting his wife to commmit suicide. The Supreme court observed that even if the illicit relationship is proven, unless some other acceptable evidence is brought on record to establish such high degree of mental cruelty, the explanation (a) to Section 498-A of the IPC which includes cruelty to drive the woman to commit suicide, would not be attracted. “It is manifest that the wife was guided by the rumour that aggravated her suspicion which has no boundary”. The court also observed that there is no whisper with regard to any kind of ill-treatment or cruel behaviour by the husband other than the allegations of extra-marital relationship and said: “Extra-marital relationship, per se, or as such would not come within the ambit of Section 498-A IPC. It would be an illegal or immoral act, but other ingredients are to be brought home so that it would constitute a criminal offence. It will depend upon the facts of the said case. To explicate, solely because the husband is involved in an extra-marital relationship and there is some suspicion in the mind of wife, that cannot be regarded as mental Issue 23 25

FROM THE COURTROOMcruelty which would attract mental cruelty for satisfying The Hon'ble Apex Court showing grave concern over thethe ingredients of Section 306 IPC.” The court opined that half hearted implementation of the provisions of The Pre-if the husband gets involved in an extra-marital affair that conception and Pre-natal Diagnostic Techniquesmay not in all circumstances invite conviction under (Prohibition of Sex Selection) Act, 1994 and The Pre-Section 306 of the IPC, but definitely that can be a ground conception and Pre-natal Diagnostic Techniquesfor divorce or other reliefs in a matrimonial dispute under (Prohibition of Sex Selection) Rules, 1996 framed by theother enactments. concerned authorities who are obliged to do so, gave the below mentioned directions:GUIDELINES ISSUED FORIMPLEMENTATION OF •All the States and the Union Territories should maintain aPROHIBITION OF SEX centralized database of civil registration records from allSELECTION LAWS registration units including the each District, Municipality, Corporation or Gram Panchayat so that information can beCASE - VOLUNTARY HEALTH made available from the website regarding the number ofASSOCIATION OF PUNJAB V. boys and girls being born.UNION OF INDIA, WRITPETITION (C) NO. 349 OF •The provisions contained in Sections 22 and 23 of the Act2006, shall be strictly adhered to it shall be duly complied with and shall be reported by the authorities so that the StateDATE OF DECISION- Medical Council takes necessary action after the intimation08.11.2016 is given under the said provision. The Appropriate Authorities who have been appointed under Sections 17(1) and 17(2) of the Act shall be imparted periodical training to carry out the functions as required under various provisions of the Act. •The statutory authorities as envisaged under the Act should be constituted and the competent authorities shall take steps for the reconstitution of the statutory bodies so that they can become immediately functional after expiry of the term. Also, they shall meet regularly so that the provisions of the Act can be implemented in reality and the effectiveness of the legislation is felt and realized in the society.26 Issue 23

FROM THE COURTROOM•The Director of Prosecution or the Legal Remembrancer or to the authorities of All India Radio and Doordarshanthe Law Secretary shall take stock of things with regard to functioning in various States to give wide publicity relatingthe lodging of prosecution so that the purpose of the Act is to the saving of the girl child and the grave dangers thesubserved. society shall face because of female foeticide.•The Courts which deal with the complaints under the Act •A Committee of three Judges by Chief Justices of each ofshall be fast tracked and the concerned High Courts shall the High Courts in the country so that can periodicallyissue appropriate directions in that regard and they should oversee the progress of the cases.deal with the matters in promptitude and submit thequarterly report to the High Courts through the concerned •The States and Union Territories shall implement the Pre-Sessions and District Judge. Also, the judicial officers who conception and Pre-natal Diagnostic Techniquesare to deal with these cases unde shall be periodically (Prohibition of Sex Selection) (Six Months Training) Rules,imparted training in the Judicial Academies or Training 2014 forthwith considering that the training providedInstitutes, as the case may be, so that they can be sensitive therein is imperative for realising the objects and purposeand develop the requisite sensitivity as projected in the of this Act.objects and reasons of the Act and its various provisionsand in view of the need of the society. •All the appropriate authorities including the States and districts notified under the Act shall submit quarterly•The State Legal Services Authorities shall give emphasis progress report to the Government of India through theon the awareness campaign during the spread of legal aid State Government and maintain Form H for keeping theand involve the para-legal volunteers. The Centre and the information of all registrations readily available as per sub-States shall see to it that appropriate directions are issued rule 6 of Rule 18A of the Rules. Issue 23 27

IGNITING MINDS by Suyash Jain

IGNITING MINDSREGISTRATION OF MARRIAGE DOCUMENTS REQUIRED TO BEIN INDIA SUBMITTEDINTRODUCTION: In India marriages can be Requirements for documents may differ from state to state but some of the necessary documents are:registered under the Hindu Marriage Act, 1955 or under theSpecial Marriage Act, 1954. It is a legal proof you are •Completely filled application form signed by bothmarried and the most vital document of a marriage. In husband and wife2006, the Supreme Court made it compulsory to registerthe marriage for the women protection. To be eligible for •Proof of Address- Voter ID/ Ration Card/ Passport, Drivingmarriage, the minimum age limit is 21 for males and 18 for License of both husband and wifefemales. The parties to a Hindu marriage should beunmarried or divorced, or if previously married, the spouse •Proof of Date of Birth of both husband and wifeby that marriage should not be alive. In addition, theparties should be physically and mentally healthy and •2 passport sized photographs, 1 marriage photographmust not be related in a way prohibited by the law. •Separate Marriage Affidavits in prescribed format fromThe Hindu Marriage Act is applicable only to the Hindus, Husband & Wifewhereas the Special Marriage Act is applicable to allcitizens of India. All the marriages solemnized inter caste •Aadhaar Cardor between an Indian and a foreigner would be registeredunder special marriage act. Once a marriage is registered •All documents must be self attested.under special marriage act, they would always begoverned by the provisions of special marriage act. •Marriage Invitation CardThe Hindu Marriage Act provides for registration of an •If marriage was solemnized in a religious place, aalready solemnised marriage. It does not provide for certificate from the priest is required who solemnized thesolemnisation of a marriage by the Registrar. The Special marriageMarriage Act provides for solemnisation of a marriage aswell as registration by a Marriage Officer. •Affirmation that the parties are not related to each other within the prohibited degree of relationship as per HinduPROCEDURE: Marriage Act or Special Marriage Act as the case may beFor marriage which is to be registered after marriage is •Attested copy of divorce decree/order in case of a divorceesolemnized between the parties i.e marriage is performed and death certificate of spouse in case of widow/widoweraccording to religious rites and rituals. •Affidavit by the Husband and Wife: An Affidavit (or Application)should be submitted along with the Marriage Memorandum. The affidavit wording differs from state to state; but most affidavits have a declaration by the husband and wife stating that a valid marriage, with stating place and date of marriage, date of birth, marital status at the time of marriage and nationality, was solemnized between them and the information in the application form is correct.UNDER HINDU MARRIAGE ACT COST OF REGISTRATION:•For Marriage Registration under Hindu Act: You can apply The basic cost of registration differs from state to state; it isat office of the Sub-Divisional Magistrate in whose however in between Rs. 100-200.jurisdiction the husband or wife resides, at least sixmonths preceding the date of marriage, on any working UNDER SPECIAL MARRIAGE ACTday. The Indian Special Marriage Act is for those who don’t opt•Fill the Application form duly signed by both husband and the religious way of marriage, i.e. those who prefer otherwife. methods of getting married apart from the religious methods such as court marriage.•Verification of all the documents is carried out on the dateof application and a day is fixed for the appointment and The special marriage act also covers the requirements ofcommunicated to the parties for registration. court marriages in India. Court marriage can be between an Indian male and a female irrespective of their caste,•On the said day, both parties, along with a Gazetted religion or creed. It can also be between an Indian and aOfficer who attended their marriage, need to be present foreigner, rules of which have been already explained justbefore the ADM. The Certificate is issued on the same day. Issue 23 29

IGNITING MINDSabove. What court marriage does is it removes the rituals CONDITIONS AND REQUIREMENTS FORand ceremonies that happen the traditional/religious REGISTRATION UNDER SPECIALmarriages. The interested parties can directly apply to the MARRIAGE ACTMarriage Registrar for registration of marriage and begranted of the marriage certificate by the registrar. The procedure followed in case of marriage registered under Special Marriage Act:According to the Special Marriage Act, when twoindividuals are willing to do a court marriage, they need to •The individuals are required to fill the form and submit itensure the following things: to the marriage registrar in one of the districts in which either of the individuals has resided for not less than a•Both the individuals must not be married substantially to month.any other partner, i.e. both the parties are required to beunmarried. •The marriage may be allowed only after 30 days unless there is any sort of objection from any of the individual.•Both the individuals must have attained the legal age ofmarriage, i.e. 21 in the case of the groom (male) and 18 in •The marriage is required to take place only at thethe case of the bride (female). specified marriage office.•Both the individuals should be marrying with the sound •Both the individuals are required to be present physicallystate of mind, and none shall be under any sought of at the time of marriage.unsound state of mind.30 Issue 23

IGNITING MINDS • Birth certificate. • A copy of the divorce certificate in case of divorcees. • Death certificate of the deceased spouse in case of widowed partner. • The certificate mentioning the stay of a couple in India for the period of 30 days. CHARGES AN INDIVIDUAL HAS TO PAY TO GET MARRIED UNDER THE SPECIAL MARRIAGE ACT: There is no charge taken by the registrar. Registration form charges differ from state to state. The individuals are required to submit the form charges along with the required documents at the time of registration. Generally it is between Rs. 150-200.•The presence of 3 eye witnesses. BENEFITS OF MARRIAGE CERTIFICATE: FOLLOWING ARE THE BENEFITS OFFollowing are the list of documents required for OBTAINING A MARRIAGE CERTIFICATE.registration under the special marriage act: •If you are applying for a passport or opening a bank•Passport – A valid passport is a must requirement in the account after the wedding, then Marriage Certificate iscase of registration under the special marriage act. required. •Extremely helpful in obtaining visas for both husband and wife. •As the foreign embassies in India as well as in countries outside India, do not recognize traditional marriages, the Marriage Certificate is mandatory for the couple to travel abroad using a spouse visa. •Enables a spouse in claiming life insurance return or bank deposits in case of demise of the Insurer or depositor without any nominee. Issue 23 31