This Big picture episode discusses about the LARR bill which is passed by loksabha with few amendments and it is yet to be seen whether the bill will be passed in Rajya sabha.
Hi friends, Wishing you all a very joyful and color filled Holi ! have a great day.
This post is a series of videos of interview of Ramchandra Guha for Youth ki Awaaz, He speaks on a wide range of topics from Indira Gandhi to Idea of India,do watch this wisdom filled interview,will be useful for all stages of preparation and also gaining different perspectives.
Ramachandra Guha On The ‘Ideas Of India’, And More
Ramachandra Guha On The ‘Demographic Dividend’ Becoming The ‘Demographic Disaster’
Ramachandra Guha On Indira Gandhi Vs. Narendra Modi, And More
Ordinance Summary the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2014.Summarized by PRS.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2014 was promulgated on December 31, 2014. The Ordinance amends the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act 2013).
The LARR Act 2013 outlines the process to be followed when land is acquired for a public purpose. Key changes made by the Ordinance are:
Provisions of other laws in consonance with the LARR 2013:
- The LARR Act 2013 exempted 13 laws (such as the National Highways Act, 1956 and the Railways Act, 1989) from its purview. However, the LARR Act 2013 required that the compensation, rehabilitation, and resettlement provisions of these 13 laws be brought in consonance with the LARR Act 2013, within a year of its enactment, through a notification.
- The Ordinance brings the compensation, rehabilitation, and resettlement provisions of these 13 laws in consonance with the LARR Act 2013.
Exemption of five categories of land use from certain provisions:
The Ordinance creates five special categories of and use:
- (i) defence,
- (ii) rural infrastructure,
- (iii) affordable housing,
- (iv) industrial corridors,
- (v) infrastructure projects including Public Private Partnership (PPP) projects where the central government owns the land.
The LARR Act 2013 requires that the consent of 80% of land owners is obtained for private projects and that the consent of 70% of land owners be obtained for PPP projects. The Ordinance exempts the five categories mentioned above from this provision of the Act.
In addition, the Ordinance permits the government to exempt projects in these five categories from the following provisions, through a notification:
- The LARR Act 2013 requires that a Social Impact Assessment be conducted to identify affected families and calculate the social impact when land is acquired.
- The LARR Act 2013 imposes certain restrictions on the acquisition of irrigated multi-cropped land and other agricultural land. For example, irrigated multi-cropped land cannot be acquired beyond a limit specified by the government.
- Return of unutilised land: The LARR Act 2013 required that if land acquired under it remained unutilised for five years, it was returned to the original owners or the land bank. The Ordinance states that the period after which unutilised land will need to be returned will be five years, or any period specified at the time of setting up the project, whichever is later.
- Time period for retrospective application: The LARR Act 2013 states that the Land Acquisition Act, 1894 will continue to apply in certain cases, where an award has been made under the 1894 Act. However, if such as award was made five year or more before the enactment of the LARR Act 2013, and the physical possession of land has not been taken or compensation has not been paid, the LARR Act 2013 will apply.
- The Ordinance states that in calculating this time period, any period during which the proceedings of acquisition were held up: (i) due to a stay order of a court, or (ii) a period specified in the award of a Tribunal for taking possession, or (iii) any period where possession has been taken but the compensation is lying deposited in a court or any account, will not be counted.
- The LARR Act 2013 excluded the acquisition of land for private hospitals and private educational institutions from its purview. The Ordinance removes this restriction.
- While the LARR Act 2013 was applicable for the acquisition of land for private companies, the Ordinance changes this to acquisition for private entities‟. A private entity is an entity other than a government entity, and could include a proprietorship, partnership, company, corporation, non-profit organisation, or other entity under any other law.
- The LARR Act 2013 stated that if an offence is committed by the government, the head of the department would be deemed guilty unless he could show that the offence was committed without his knowledge, or that he had exercised due diligence to prevent the commission of the offence.
- The Ordinance replaces this provision and states that if an offence is committed by a government official, he cannot be prosecuted without the prior sanction of the government.
LARR Amendment Ordinance Namita Wahi.
This is a very informative podcast,reading the summary and listening to podcast will give you a very good overview about the ordinance and what it changes and that will your foundation for all kinds of questions that UPSC asks,it hardly takes around One hour to complete this topic,but after that all you will be doing is value addition*
Analysis on the LARR ordinance.
- Improving an unworkable law SANJOY CHAKRAVORTY
- When amendment amounts to nullification RAMASWAMY R. IYER
- Fencing the farmer out JAIRAM RAMESH and MUHAMMAD KHAN
- Jaitley: fifty errors in 2013 Land Act MAHIM PRATAP SINGH
- Hasty changes in land law
Watch it for facts about the weakness in bill but more importantly for seriousness of the Ruling party for sending a fully informed and competent Spokesperson.
Today is 153rd birth anniversary of Swami Vivekananda a great icon and inspiration to millions of Indians, Swami needs no introduction he is one of my role models and inspiration. This post is to celebrate and remember this great man and his words.
Every year since 1985, the Birth Anniversary of Swami Vivekananda is observed as National Youth Day. According to Government of India’s Communication, “it was felt that the philosophy of Swami ji and the ideals for which he lived and worked could be a great source of inspiration for the Indian Youth.”
“Arise! Awake! And stop not till the goal is reached”
“Take up one idea. Make that one idea your life; dream of it; think of it; live on that idea. Let the brain, the body, muscles, nerves, every part of your body be full of that idea, and just leave every other idea alone. This is the way to success, and this is the way great spiritual giants are produced.”
“Be not Afraid of anything. You will do Marvelous work. it is Fearlessness that brings Heaven even in a moment.”
“Anything that makes weak – physically, intellectually and spiritually, reject it as poison.”
“Strength is Life, Weakness is Death.Expansion is Life, Contraction is Death.Love is Life, Hatred is Death.”
“Whatever you think, that you will be. If you think yourselves weak, weak you will be; if you think yourselves strong, strong you will be.”
“See for the highest, aim at that highest, and you shall reach the highest.”
Swami ji keeps us inspiring through his immortal words,this exam is a journey and it have highs and lows, to sustain in all phases we need to stay motivated and by making his words constant companions in our journey, helps us sail through difficult times and celebrate the journey.
How do you respond to the attack on Paris’ satirical weekly Charlie Hebdo that left 12 people dead? Cartoonists respond to Charlie Hebdo attack this way.My prayers with families who lost their loved ones in this attack .Sorry readers I know this is way out of UPSC and what you subscribed for.Love is stronger than Hate and
I am expressing my solidarity #JeSuisCharlie, which translates “I am Charlie,”
The understanding of a situation changes with more you read,I think after reading these two articles By Shekhar Gupta and David Brooks you understand it better.
SG : Our right to offend, and to learn to take offence I will defend to the last your right to speak your mind, but I also reserve the right to choose the views I defend.
I Am Not Charlie Hebdo by DB.
The Independent (UK)
— banksy (@thereaIbanksy) January 7, 2015
— David Pope (@davpope) January 7, 2015
— Jim Morin (@MorinToon) January 7, 2015
BZ est Charlie pic.twitter.com/7fpIskiF9y
— Peter Huth (@PeterHuth) January 7, 2015
— WikiLeaks (@wikileaks) January 8, 2015
— Cyprien (@MonsieurDream) January 7, 2015
— Satish Acharya (@satishacharya) January 7, 2015
— Oriol Malet (@OriolMalet) January 7, 2015
— ygreck (@ygreck) January 7, 2015
— Neelabh Banerjee (@NeelabhToons) January 7, 2015
— Rebecca Hendin Art (@HendinArts) January 7, 2015
Year end review 2014 is annual summary of achievements and analysis of all the departments published in PIB every year,most of this stuff is published in form of India Year book 2015.
Here is the list of Year End Review 2014 of various departments and Ministries
- Year End Review 2014 Department of Space
- Year End Review 2014 of the Department of Higher Education, Ministry of Human Resource Development .
- Year End Review 2014 of Ministry of Tourism
- Year End Review 2014 of Ministry of Road Transport & Highways
- Year End Review 2014 of Ministry of Drinking Water & Sanitation
- Year End Review 2014 of Ministry of Health & Family Welfare
- Year End Review 2014 of Ministry of Consumer Affairs, Food & Public Distribution
- Year End Review 2014 of Ministry of Heavy Industries & Public Enterprises
- Year End Review 2014 of Ministry of Commerce & Industry
- Year End Review 2014 of Ministry of Coal
- Year End Review 2014 of Ministry of Railways
- Year End Review 2014 of Ministry of Earth Science
- Year End Review 2014 of Ministry of Mines
- Year End Review 2014 of Ministry of Tribal Affairs
- Year End Review 2014 of Ministry of Water Resources
- Year End Review 2014 of Ministry of Food Processing Industries
- Year End Review 2014 of Ministry of Power
- Year End Review 2014 of Ministry of Steel
- Year End Review 2014 of Ministry of Textiles
- Year End Review 2014 of Ministry of Civil Aviation
- Year End Review 2014 of Ministry of Defence
- Year End Review 2014 of Ministry of Labour & Employment
- Major Policy Initiatives, Programmes/Schemes
- Year End Review 2014 of Ministry of Petroleum & Natural Gas
- Year End Review 2014 of Department of Atomic Energy
- Year End Review 2014 of Ministry of Social Justice & Empowerment
- Year End Review 2014 of Ministry of Micro,Small & Medium Enterprises
- Year End Review 2014 of Ministry of Communications & Information Technology
- Year End Review 2014 of Ministry of Science & Technology
- Year End Review 2014 of Ministry of Agriculture
- Year End Review 2014 of Ministry of New and Renewable Energy
Few yet to be updated Via PIB
Pleas use your discretion to read only selected topics. Not all are going to help but reading selectively will help you in preparation.
UPSC Rumor .The Hindu Reported today that center plans to reduce the age limit to appear for UPSC Civil services from 2015.And This move will affect almost every aspirant in the preparation phase.
This blog appreciates the reform but the lack of sensitivity from the government is evident.The reform IF government wants to introduce shall be implemented from 2018+ on wards giving ample time for all aspirants to make necessary plans. And many people have invested the prime youth of their life in UPSC preparation.
And this is a poor reform the proof is that average age of Unreserved candidate getting in to service is 27-28.And not every one comes with elite family background or education.So this move irrational and hasty.Students please don’t panic and don’t waste your time. The chances of this turning in to reality is slim.
If the government is all about reforms , it should start with Election reforms and other 2nd ARC suggestions that are more important for the country and also if it want the young and talented to run the country ,set 62 as upper age limit for all politicians too.We too will appreciate the governments sincerity.
This blog strongly opposes the hasty reform plan,and plead to the authorities to give us a year with out rumors or problems,so that we can prepare in peace.
On April 28th, 2014 a document related to decisions taken by the Government on Second Administrative Reforms Commission’s recommendations, was uploaded on the Department of Administrative Reforms and Public Grievances (DARPG) website.
Note that the document was uploaded six months ago that too under ‘decision taken’ heading. It was the decision taken by the UPA government. It is not yet implemented.Via Insights.The Following Hindu report was based on this report.
An OPEN LETTER TO MODI ON UPSC AGE LIMIT REDUCTION.This article covers all the dimensions .
The Hindu News.
In a move that could affect thousands of civil service aspirants across the country, the Centre intends to reduce the upper age limit and number of attempts of applicants with effect from 2015. Going by the new norm, the upper age limit will be
- 29 years for SC/ST candidates,
- 28 years for OBC and
- 26 for the unreserved category.
- There will be an additional two years for physically challenged candidates in each category.
At present, the upper age limit for SC/ST, OBC and unreserved candidates is 35, 33 and 30 years respectively.According to information published on the website of the Department of Administrative Reforms and Public Grievances, the number of attempts allowed for candidates appearing for the Civil Services Examination would also be reduced to six for SC/ST candidates, five for OBC and three for unreserved candidates.
The measures, recommended by the Second Administrative Reforms Commission (ARC) and almost entirely accepted by the government, were put up on the website a few months ago. The Centre has decided to retain August 1 in the examination year as the cut-off date for eligibility and not to review the structure of the examination (both preliminary and main) since this was only recently changed.
He did a far better job of gaining knowledge of the larger sweep of history than any of his contemporaries. The confidence with which we condemn Nehru exposes the narrowness of our certainties more than it detracts from his achievements.
It is perhaps the fate of all great democratic statesmen that in the shadow of their achievement it is also possible to draw an indictment against them. This is true of Lincoln and Roosevelt, as it is of Nehru. Lincoln, for all his manifest greatness, has never stopped being accused of less than noble intentions. Did he compromise a commitment to full equality as a price for abolishing slavery? Was a brutal war that resulted in, on one estimate, a million deaths, a necessary price for his moral objectives? Did he at some point subordinate the moral ambition of equality to a
more elusive idea of preserving ‘union in perpetuity’? Roosevelt is similarly indicted.
Here is a president who saved both liberal democracy and capitalism at the moment of its greatest historical crisis. Yet it was an achievement founded on sordid compromise: he had to leave the structure of Southern racial discrimination intact. The New Deal was often on the verge of failing; and some have argued Roosevelt’s misjudgement at Yalta gave the Soviets more room than necessary to divide the world in the way it eventually got divided during the Cold War.
And yet, despite these judgments, there seems something almost indispensible about these men; as if, despite their imperfections, they and they alone, could gather the tides of history to articulate and preserve something that remained and offer an enduring beacon of hope. The achievement survives more grandly than the imperfections that attend it. In fact, the mistakes make their greatness even more of an achievement; for it makes the achievement all the more human, not mythical or god like.
Such indeed is also the fate of Jawaharlal Nehru. At this historical juncture, with a public discourse besotted by the condescension of hindsight, it is easy to draw a litany of indictments against Nehru: his economic policies were misguided, he was naive about China’s geopolitical intentions, he often compromised on the purest version of secularism that he embodied by instinct, he was often too sure of himself and centralised power, his lapses of judgment contributed to Partition, his handling of Kashmir was unpardonable, he failed to notice adequately that he was creating a party structure prone to corruption and he was often more sanctimonious than strategic.
But such is the alchemy of statesmanship that these critiques, in the final analysis, cannot detract from his achievement. It is easy to point out that on this or that matter, someone else, Patel or Rajaji, might have exercised better judgment. In a lot of individual instances, that is true. But it is another matter whether there was any comparable leader at the time who could exercise leadership in a way that could create a whole that was larger than the sum of its parts. Almost all of his contemporaries and detractors recognised that the historical mission of crafting a new republic out of the raw materials served by history, was not a matter of this or that particular judgment or skill.
It required an extraordinary ability to earn the trust of millions in a way no one could rival, and then manoeuvre their conflicts and contradictions, their virtues and vices, fears and hopes, into an enduring republic. We so take for granted the Republic whose values we cherish and freedoms we enjoy, that we often forget what a singular and fragile achievement it is. Nehru is one of those handful of legislators who truly is amongst the founders of a republic that will endure beyond its individual triumphs and failures.
What kind of knowledge is appropriate to judge statesmanship of this order? This question is particularly pertinent for Nehru who was himself aware of the tortured uncertainties that anyone who engages with tides of history faces. As Sunil Khilnani pointed out, it is hard to read the closing pages ofDiscovery of India without appreciating Nehru’s own self doubts. He is constantly wracked by that haunting question, ‘Do we really know what we, who claim to have taken the tides of history into our hands really know what we are doing?’ Suspend for a moment the easy certainties that hindsight gives.
Who could imagine what an India of the future would look like? In the 1930s, what would it have been like to imagine a democracy with universal suffrage in a poor unlettered country? What would it have been like to imagine how to transform a bankrupt country, teetering at the edge of starvation, into an economically sustainable giant? What would have been the consequences if any of the other proposed solutions to India’s challenging problems been enacted?
On the central question that dominated Indian politics, the ‘Hindu-Muslim Question’, did anyone have the right answer? Azad was for unity, but it would have come at the price of entrenching social orthodoxy in both communities. Lala Lajpat Rai very rightly wanted a politics shorn of religious identity. But the carriers of this doctrine could not enact their politics in their conduct. Would a harder line have produced more polarisation or more peace? Does compromise calm or embolden your adversaries? These are questions of political agency and historical knowledge that are often answered after the fact. As Nehru himself wrote: ‘I feel terribly distressed about it and ashamed… I have not been able to contribute anything substantial towards [the Hindu-Muslim question’s] solution. I must confess to you that in this matter I have lost confidence in myself, though I am not usually given that way.’ In a curious way, his acknowledgment of his lack of confidence made him a far more credible figure than any of his contemporaries.
We are too used to thinking and judging the protagonists of that enormous ferment of the nationalist period in terms of whether they correspond to our ideological proclivities. But it is an altogether more complicated measure to judge a statesman in relation to history. One of the greatest American novelists of the twentieth century, John Williams, in Augustus, his magnificent novel on the Roman Emperor, wrote: ‘The moralist is the most useless and contemptible of creatures.
He is useless in that he would expend his energies upon making judgements rather than upon gaining knowledge, for the reason that judgement is easy and knowledge difficult. He is contemptible in that his judgements reflect a vision of himself that he would impose upon the world.’ Nehru was not perfect. But on any measure, he did a far better job of gaining knowledge of the larger sweep of history than any of his contemporaries. The confidence with which we condemn Nehru exposes more the narrowness of our certainties than it detracts from his achievement.
In some ways, Nehru is now a victim of easy judgment more than hard- won knowledge. In some measure, his contemporaries were wiser in recognising his power. One of the marks of a great statesman is that he drives his most talented opponents to the point of infuriation. They are able to point out and detect his faults. But if they have even the slightest trace of generosity left, they have to come to terms with the fact that they are dealing with a figure larger than a sum of his mistakes.
Nehru had many gifted adversaries and critics: Patel, Lohia, Rajaji, Jaiprakash Narayan. All of them, on many occasions, expressed their near exasperation with Nehru. But all of them had to labour under the rather disquieting thought that the more they attacked him, the more his stature grew; the more they questioned his legitimacy, the more it revealed the fact that they could in no way dislodge him as a democratic prince. It is a measure of Nehru’s hold on hearts and minds that he could drive such talented adversaries to a degree of uncharacteristic pettiness.
The tribute that best captured the essence of Nehru is perhaps, not surprisingly, that of Atal Behari Vajpayee, who, of all Indian politicians, was probably most like Nehru in his sheer sense of curiosity and fun about people, especially of women perhaps. He described Nehru as the “orchestrator of the impossible and the inconceivable.” But he mentions a peculiar quality. Nehru was not someone “who was afraid to compromise but he would never compromise under duress.”
Compromise is a bad word in politics. But it is, in some ways, the essence of democratic politics. What made him a genuine politician was precisely this characteristic: that for all his own intellectual certainties, he never succumbed to the illusion that history would be simply his intention writ large. He always knew that he acted in a field full of other agents, who would have to be the object of public reason and persuasion.
This is perhaps what sets him apart from almost all the major leaders of his time, both domestically and internationally. India was one of the few post colonial countries whose nationalist movement was not scripted either by the extreme left or the extreme right. Unlike post- colonial movements buttressed by communism, which treated society as a blank slate and violently tried to reconstruct it in the image of its own ideology, India’s politics has always been compromising and gradual.
And unlike right-wing nationalist movements, bent on expunging what they think are the nation’s cultural impurities, India carried along a vast confluence of cultures as if it was her own. In what is probably his most memorable line, he wrote that India is ‘akin to some ancient palimpsest on which layer upon layer of thought and reverie had been inscribed, and yet no succeeding layer had completely hidden or erased what had been written previously’. India could not be reduced to a single identity or benchmark: that would be the end of genuine ‘thought and reverie’. In some ways, this figure, accused of being deracinated, understood more deeply the depth of civilisation and the complexity that made him possible.
But this sense of complexity and compromise was also unique in his leadership style. For a moment, consider him in relation to his gifted contemporaries. There were three kinds of leaders. There were the moralists. Gandhi was an extraordinary figure of the kind the world had not seen: a brilliant organiser and moralist. But in some ways, he was peculiarly unsuited for the hurly-burly of normal democratic politics: with its compromises, its combination of low interest and imperfect idealism.
For these figures, politics, in the end was pure morality writ large. It made them, in some ways, inherently intransigent. Gandhi’s extraordinary greatness was that he recognised this about himself, and gradually made himself marginal to the conduct of normal politics. Most Gandhians therefore had enormous influence outside the bylanes of politics. Sometimes Gandhians like Jaiprakash Narayan could exercise influence over politics. But their moral intransigence put severe limits on how much they could accomplish. The same was true of lesser ideologues like Lohia.
The second group of gifted leaders like Patel had great tenacity and dedication, and in some ways their single mindedness and focus made them see farther than Nehru on many issues. But the biggest strength of these leaders was also often their weakness. They often displayed—to borrow a phrase from John Stuart Mill—the completeness of limited men. They displayed a single-minded commitment to the task at hand, often against great odds. But whether they would have been equal to the constant and expansive improvisations that modern nation building requires, is an open question.
The third sets of leaders were, if you like, more factional. They rose on the basis of a social grouping or regional identity. They had commitments to larger causes, but there were limits to how much they could transcend their social base. It is not an accident that in such a landscape Nehru seemed like the natural choice to lead the country unchallenged for so long. Even his most dogged critics had to admit that he was unique amongst the pantheon of national leaders. We do not notice how rare his qualities were because we take them so much for granted. He, almost alone, had that synthetic ability that democracy required: between left and right, conservatism and progressivism, force and persuasion, high idealism and low politics. He sometimes got the balance wrong, but that balancewas required was a proposition from which he never wavered.
His commitment, and in a deeper sense lack of condescension, is apparent in his campaigns as well as letters. His letters to chief ministers, now made conveniently available in an excellent new volume by Madhav Khosla (see extracts on page 32), are foundational documents displaying how a democracy reasons itself through problems. Nehru may have occasionally set a bad precedent by imposing a chief minister or two on a state, but his conduct and attempts to reach out to them, his commitment to the idea that he needed to justify and explain what he was doing, weaved them into a partnership that far transcended his individual lapses.
Nehru’s finest hour is shepherding India’s Constituent Assembly. Given the globally dismal record of most attempts at writing a workable constitution, India’s achievement stands out. In part, it was made possible by extraordinary gestures: Nehru making sure that talented individuals from both the left and right, most notably Ambedkar but even KM Munshi and Shyama Prasad Mukherjee, remained central to this process.
The promulgation of India’s Constitution was made possible by a sensibility that few contemporary historians can recover. While the Constitution was an extraordinary work of synthesis, our historical imagination is given to divisiveness. There is no more striking example of this than the way in which members of the Constituent Assembly have been divided up and appropriated, rather than seen in relation to each other. Ambedkar, Patel, Nehru, Prasad and a host of others are now icons in partisan ideological battles, as if to describe Ambedkar as a Dalit, or Patel as proto-BJP, or Nehru as a Congressman exhausts all that needs be said about them.
The greatness of each one of them consists not just in the distinctive points of view they brought together, but their extraordinary ability to work together despite so many differences. The Congress itself facilitated the entry of several people with an anti-Congress past into key roles in the Assembly. It takes a willful historical amnesia to forget the fact that the men and women of the Assembly worked with an extraordinary consciousness that they needed and completed each other. The historiography of the Constituent Assembly has not regarded it as an exemplar of constitutional morality. It has assessed it on a much more ideological yardstick.
The ability to work with difference was augmented by another quality that is rarer still: the ability to acknowledge true value. This may be attributed to the sheer intellect of so many of the Assembly’s members. Their collective philosophical depth, historical knowledge, legal and forensic acumen and sheer command over language is enviable. It ensured that the grounds of discussion remained intellectual. Also remarkable was their ability to acknowledge greatness in others. It was this quality that allowed Nehru and Patel, despite deep differences in outlook and temperament, to acknowledge each other.
Their statesmanship was to not let their differences produce a debilitating polarisation, one that could have wrecked India. They combined loyalty and frankness. Even as partial a biographer of Nehru as S Gopal conceded that what prevented the rupture was their ‘mutual regard and Patel’s stoic decency.’
Nehru’s answer to Patel’s worry that Nehru was losing confidence in him was to acknowledge that Nehru was losing confidence in himself. It is a tribute to that generation that it did not let differences devolve into debilitating factionalism, as many assemblies do. But part of what made that synthesis possible was Nehru, providing the broadest possible canvas, which could accommodate so many different palettes. He was the synthetic figure, the whole that made the sum larger than the parts.
One way of bringing down Nehru is to use the cute description ‘the last Englishman’, an aristocrat out of tune with Indian realities. It was too easy to point out the gap between Nehru’s ideals and the realities of Indian society, as if Nehru represented some kind of usurpation of the Indian space. Indeed, much of the contemporary right-wing criticism of Nehru implicitly accuses him of usurping India, taking it in a direction its history does not warrant: his secularism is seen an assault on Indian religiosity, his attempt to craft a non-sectarian history a rewriting of the Indian past, his scientific temper incapable of coming to terms with a world more traditionally enchanted, and his social progressivism out of place in a society fundamentally conservative.
Yet all these critics have never faced up to the fact that this leader who, considered in most of his attributes, did not belong with the masses, became the cynosure of their eyes. How did this aristocrat become an everyman? How did this politician, haughty and almighty to his adversaries, come to be seen by his countrymen as embodying democratic virtue? Part of the answer surely is that Nehru did not appear to have any trace of condescension for his fellow citizens. Quite the contrary, despite his occasional despair of India’s future, he never gave up the thought that his citizens would be open to democratic persuasion.
It is almost as if in speaking above his citizens, he avoided speaking down to them. He displayed a trust in them that was far deeper than those who challenged him in the name of the people or tradition. And they trusted him in turn.
Nehru made serious mistakes. In its particulars, whether it was his economic policies or his stance on the first amendment, his preference for centralisation or control, his institutional imprint needs to be overcome. But as we make our choices, we need to remember him for three things: making possible the republic that allows us to make ‘retrievable mistakes’, inculcating a sensibility that is democratic in the deeply psychological sense of looking for intelligent compromises rather than intransigence, and for providing a vision of how men of such unrivalled power can serve democratic ends.
As The Guardian put it, to see Nehru is to ‘get a glimpse of the blazing power that commands the affection and loyalty of several hundred million people in Asia…put it simply it is the power of a man who is a father, teacher, older brother rolled into one… The total impression is of a man who is humorous, tolerant wise and absolutely honest.’ The Indian people may have disagreed with him on many accounts. But they knew that in elevating him, they were elevating themselves. In pulling him down, without understanding his achievement, we reveal our own smallness.
Article by @pbmehta
The Factories (Amendment) Bill, 2014 was introduced in Lok Sabha on August 7, 2014. It proposes to amend the Factories Act, 1948.The Bill acknowledges the reality of women at the workplace, increases worker safety and reduces the days an employee must work to be eligible for annual leave.
- The Act aims to ensure adequate safety measures and promote the health and welfare of the workers employed in factories. The Statement of Objects and Reasons states that the amendments proposed in the Bill are based on the changes in the manufacturing practices and technologies, ratification of ILO conventions, judicial decisions, recommendations of various Committees and decisions taken in the conferences of Chief Inspectors of Factories.
- Definitions: The Act defines a factory as any premises (with certain exceptions) where manufacturing was undertaken with aid of power and at least 10 people were employed during the last 12 months (20 or more people if no power was used). The Bill specifies that the state government may raise the minimum number of workers employed in the definition to 20 (if power is used) and 40 (if power is not used).
- The Bill also amends the definitions of: (i) hazardous process, (ii) manufacturing process, (iii) occupier, and (iv) prescribed. It adds the definitions of: (i) hazardous substance, and (ii) disability
- Power to make Rules: The Act allows the state government to make Rules regarding various matters. The Bill grants the central government power to make Rules regarding some of these matters.
- The Act permits the state government to make Rules regarding any matter which: (i) is covered by the Act or may be prescribed, or (ii) is appropriate to give effect to the purposes of the Act. The Bill states that the state government’s power to make Rules will be restricted to matters where the central government does not have such powers. The central government may frame Rules in consultation with state governments, to bring uniformity in the areas of occupational safety, health or any other matter.
- Compounding of offences: The Bill seeks to permit the central or state government to prescribe the authorised officers and the amount, for compounding of the certain offences before commencement of the prosecution. The central or state governments may amend the list of compoundable offences.
- Employment of women and persons with disability: The Act prohibits women from working: (i) on certain machines in motion, (ii) near cotton-openers, and (iii) between 7:00 PM and 6:00 AM. The Bill seeks to remove the first two restrictions. It proposes to empower the state government to allow women to work during night hours in a factory or group of factories if: (i) there are adequate safeguards for safety, health and comfort of women (including night crèches, ladies’ toilets and transportation from the factory to their residence), and (ii) it has held due consultations with and obtained the consent of the women workers, the employer and the representative organisations of the employers and workers.
- The Bill seeks to impose restrictions on employment of pregnant women and persons with disability in certain works or processes.
- Manufacturer’s liability to ensure safety: The Act places the liability of ensuring that an article to be used in a factory is safe on the designer, importer, supplier or manufacturer. The Bill extends such liability to the designer, importer, supplier or manufacturer of any substance used in a factory.
- Workers’ safety: The Bill introduces provisions for: (i) supply of protective equipment and clothing to workers exposed to hazards, and (ii) rules regarding hazardous processes. It modifies the provisions regarding: (i) precautions against dangerous fumes and gases, (ii) explosive or inflammable dust or gas, and (iii) dangerous operations.
- Facilities for workers: The Act mandates a factory employing more than 150 people to provide shelters or restrooms. The Bill states that a factory with more than 75 workers should provide separate shelters or restrooms for male and female workers.
- Overtime and paid leave: The Bill increases the maximum number of overtime hours allowed to a worker and relaxes the provisions regarding entitlement of workers to paid leave.
- Penalties: The Act specifies the penalties for various offences. The Bill raises the penalties for 12 of these offences (including contraventions by the occupier or manager, a worker, or a designer, importer, supplier or manufacturer of an article or substance).
The Union Cabinet chaired by the Prime Minister, today gave its approval for restructuring of the Nirmal Bharat Abhiyan (NBA) into Swachh Bharat Mission (Gramin) and revision in the components of the programme.
NBA will be restructured into the Swachh Bharat Mission with two sub-Missions –
- Swachh Bharat Mission (Gramin) by Ministries of Drinking Water and Sanitation.
- Swachh Bharat Mission (Urban). by Ministry of Urban Development.
Necessary changes will be made from the RE Budget for 2014-15 onwards. The Mission will be kick-started on 2nd October 2014. If necessary, funds may be provided by re-appropriation or from the Contingency Fund.
The programme includes
- elimination of open defecation
- conversion of insanitary toilets to pour flush toilets,
- eradication of manual scavenging,
- Municipal Solid Waste Management,
- bringing about a behavioural change in people regarding healthy sanitation practices,
- generating awareness among citizens about sanitation and its linkages with public health,
- strengthening of urban local bodies to design, execute and operate systems to fulfill these objectives
- creating an enabling environment for private sector participation in capital expenditure and operational expenditure.
- Transfer of the responsibility of construction of all School toilets to the Department of School Education and Literacy and of Anganwadi toilets to the Ministry of Women and Child Development.
Efforts of the State Governments for promoting rural sanitation have been supplemented by the Central Government, till 1999 under the centrally sponsored Rural Sanitation Programme (CRSP), from 1999 to 2012 under the Total Sanitation Campaign (TSC) and thereafter under the NBA.
However, the interventions so far, have as per Census 2011 resulted in 32.70 percent of rural households having access to toilets in rural areas, while as per the National Sample Survey Organisation (NSSO) 2013 estimates 40.6 percent of rural households have such access.
The goal now is to achieve Swachh Bharat by 2019, as a fitting tribute to the 150th Birth Anniversary of Mahatma Gandhi, by improving the levels of cleanliness in rural areas and making Gram Panchayats Open Defecation Free (ODF).
For this, the Swachh Bharat Mission will be launched with a new thrust to the sanitation programme, by removing bottlenecks that are hindering progress currently, and focusing on critical issues affecting outcomes.
Swachh Bharat is proposed to be achieved through:-
- coverage of all rural households with IHHLs, cluster toilets, community toilets (including through PPP mode), construction of school and anganwadi toilets and SLWM activities in all Gram Panchayats;
- creation of enhanced demand, convergent action through various agencies and stakeholders with triggering through enhanced IEC, Inter Personal Communication (IPC);
- Strengthening of implementation and delivery mechanisms;
- Monitoring Outputs (construction) and Outcomes (use) at the Gram Panchayat and household levels leading to Swachh Bharat.
Funding for these new initiatives will be through the following:
- Budgetary allocations;
- Contributions to the Swachh Bharat Kosh;
- Through commitments under Corporate Social responsibility (CSR)
- Funding assistance from multilateral sources
Further Reading :
Over the next three months, you’re going to be using your brain very much to learn stuff. So it would be a good idea to know how your brain really works.
(And to be clear, the goal of all this is NOT so that you can spend more time at your desk. It’s so that you can get your work finished quickly and then go do something truly important.
Anyway, the thing about your brain is that it’s a little bit like that jar of lightning bugs. It was built by evolution, so it has all these twitchy, surprising features that helped your ancestors not get stepped on by mastodons and avoid falling into quicksand or getting lost in the woods. It was built for survival, not algebra.
So here are five quick hacks for your brain that will help you study better. They’re drawn from a variety of scientific sources, including a terrifically useful and insightful new book called How We Learn: The Surprising Truth About When, Where, and Why it Happens, by Benedict Carey.
Hack #1: Space out your study time.
Let’s say that have a Spanish test on Friday, for which you need to spend about an hour preparing. Should you:
A) study Thursday night for one hour; or
B) study 20 minutes a day on Tuesday, Wednesday, and Thursday?
The answer is: B). And it’s not even close. In fact, studies show you could probably get away with studying only about 10 or 15 minutes a day on Tuesday, Wednesday, and Thursday, because spacing out your study time is nearly twice as effective as cramming. It also helps you retain it a lot longer — which comes in handy for that Spanish test next month, and the one after that.
The reasons for this have to do with your brain’s tendency to get way less interested in stuff that gets repeated a lot over a short amount of time (i.e., cramming) and to get way more interested in stuff that it faintly remembers and can connect in different contexts. So, study the same way you snack: frequently, in small portions.
Hack #2: Switch up your study locations.
We’re often told that we should stay in one place to learn, but that’s not true. Your brain likes to use settings like a Hollywood director; it uses them in the movies that make up your memory. So if you study and test yourself lots of places, play different kinds of music, wear different clothes, even chew different-flavored gum, your memory will improve.
Hack #3: Mix it up.
School is orderly, so we instinctively think our studying schedule should also be orderly — you know, study math for an hour, then English for an hour. This is called “blocked practice,” and it makes perfect sense, except for one small fact: your brain doesn’t like blocked practice. What your brain likes instead is “interleaved practice,” where you study something for 10 minutes, then switch to something else, then come back.
The reasons for this are complicated, but they’re based on the fact that your brain works better when it’s being surprised. When you mix it up, you’re forcing your brain to work harder, and be more efficient.
(This also works in sports and music, by the way. If you want to get better at volleyball serves, mix up the type of serve you practice. And if you want to get better at playing classical music and rock, you should switch between the two all the time. Which could sound kind of awesome.)
Hack #4: Get outside.
Your brain was built in the outdoors, so you need to let it get back there regularly. Nobody knows why being outside and walking around helps you get smarter, but it does. Check out this study of third-graders that shows how a 20-minute walk can light up the areas of the brain that filter out distraction and guide focused attention (talk about lightning bugs!)
Hack #5: Throw away your highlighters– instead, make a habit of testing yourself.
We all know that school involves some memorization. The usual technique is to read a chapter over and over, highlight important passages, and maybe write notecards — you know the drill. Besides, it’s kind of fun to highlight (and yes, that yellow ink does smell fantastic).
But it turns out that those techniques are not nearly as effective as testing yourself. Here’s how: read a passage once, close the book, and then try to write the main points on a blank piece of paper. Then check yourself and see how many you got right.
In other words, don’t lean back in your chair. Instead, lean forward, and generate ideas. Shake the jar, and make the lightning bugs glow. Make your brain work the way it was designed to work — by reaching, struggling, and reaching again.
Article written by Daniel Coyle Author of wonderful books like Talent Code and Little Book of Talent in which he explains scientifically how brain works and how you can maximize your potential, its not self help its science.
Do you frequently tell yourself that you’ll do better “next time” and then don’t change when the time comes? Do you often decide to do something “later” only to find that it never gets done?
If you answered “yes” to either one of these questions, you’re probably ignoring the fact that your behavior today is a strong indicator of your behavior tomorrow.
This is an article by Elizabeth Grace Saunders for HBR, I thought this is extremely relevant for all UPSC aspirants as most of us tend to procrastinate,read this article in upsc perspective like where ever you see job,office and presentation replace it with reading and completing syllabus this article makes mores sense .
You’re not alone. In The Willpower Instinct, Kelly McGonigal shares how, in a research study, participants were much less likely to exert willpower in making healthy choices when they thought they would have another opportunity the following week. Given the option of a fat-free yogurt versus a Mrs. Field’s cookie, 83% of those who thought they’d have another opportunity the following week chose the cookie. In addition, 67% thought they would pick yogurt the next time, but only 36% made a different choice. Meanwhile, only 57% of the people who saw this as their only chance indulged.
The same pattern of overoptimism about the future held true in a study about people predicting how much they would exercise in the future. When asked to predict their exercise realistically — and even faced with cold, hard data about their previous exercise patterns — individuals were still overly optimistic that “tomorrow would be different.”
Eating and exercise habits are all well and good, but as an expert in effective time investment, I’ve seen too many individuals procrastinate at work because they think, “I’ll get a lot done later.” Unfortunately, banking on future time rarely aligns with productive results. This mindset leads to unconscious self-sabotage because individuals are not taking advantage of the opportunity to get tasks done right now, and when later comes, they find themselves feeling guilty, burned out, and frustrated. They fall back on their habits to put work off, and it doesn’t get accomplished.
This pattern of behavior appears on the job when the only thing you accomplish during the day is answering email because you assume you’ll work better later when no one else is the office. But after everyone’s left at the end of the day, you’re too tired to think straight and just go home without getting anything done. Or it shows up when you choose to not make any progress on a project in small windows of time available because you’re waiting for an open day to knock it out all at once. That day never comes, leaving you scrambling at the last minute. Or it can spring up when you say “yes” to every meeting invite and leave no time to do actual work. Then you wonder why you feel like you’re always frantically working and never have time to relax.
Unless you make a conscious effort to change your behavior, poor time management today will only lead to poor time management tomorrow. Consider these two approaches to dramatically increase your productivity.
Eliminate future options. If you have a tendency, like many overwhelmed individuals, to tell yourself that that you’ll get your important work done later — maybe at night or on the weekend — you increase your chance of procrastination during the day. In truth, you can find it difficult to efficiently get things done later because you feel tired and resentful of the fact that you never have any guilt-free downtime. To overcome this psychological loophole, you need to eliminate the option to do something later.
First, challenge yourself to find specified times during your workday to complete your commitments. Look at your project list and estimate approximately how long it will take you to get certain items done. For example, if you have a presentation at the end of the month, determine how long it will take you to gather the information, put together the presentation, review it with your team, and run through it. Then assign specific times in your schedule between now and the presentation for you to complete each piece. This approach of fusing your to-do list with your calendar will help you realize that if you don’t move ahead on key projects, you will run out of time. There’s no option to simply do the work tomorrow because tomorrow has a new set of tasks assigned to it.
In addition, eliminate free time after hours. If you see an open window on your calendar, you’ll be tempted to put off work, knowing there’s an opportunity later — even if that cuts into personal time. Instead, fill that time with personal commitments. This could mean going out to dinner with a friend, spending the evening at your kids’ soccer game, going to the gym, or moving ahead a side project. By determining what you want to do outside of the office, you motivate yourself to make the best use of your time during the day so that you don’t need to cancel your evening commitments.
Reduce variability in your schedule. If you justify surfing the Internet most of the day because you tell yourself that you’ll work nonstop later, you’re setting yourself up for frustration. When you do attempt to tackle that work, you’ll either feel so guilty about your lack of productivity that it will distract you from the task at hand, or you’ll push yourself so hard that you’ll burn out.
Fortunately, there’s a way to outsmart your mental tricks. Studies done by behavioral economist Howard Rachlin show that smokers told to reduce variability in their smoking behavior — to smoke the same amount of cigarettes each day — gradually decreased their overall smoking, even though they were not told to smoke less. By focusing on the fact that if they smoked a pack of cigarettes today, they would need to smoke a pack the next day and the next, they found smoking that pack less appealing.
You can apply the same principle to motivate effective time management. Instead of telling yourself, “It’s OK if I surf the Internet for half the day because I’ll get so much done later this week,” ask yourself this question: “Do I want to surf the Internet for half the day for the rest of my life?” Your answer will probably be, “Of course not. That would be a waste of time.” You can then decide to dedicate that chunk of time to something more productive on a regular basis. Choosing to work the same amount each day with little variation on your schedule takes away the mental loophole that allows you to escape from getting things done now.
Using the present moment wisely instead of banking on time in the future can help you stay committed to your goals. If you have a project at work you’ve avoided for months or some languishing expense reports to file, think about how you can apply these strategies to move forward on those items today.
The Constitution (121st Amendment) Bill, 2014 and The National Judicial Appointments Commission Bill, 2014 were passed by Lok Sabha today.Six-member National Judicial Commission to select judges .THE JUDICIAL APPOINTMENTS COMMISSION BILL, 2013 Summary will give you an overview of the existing system.
The Constitution (121st Amendment) Bill, 2014 and the `National Judicial Appointments Commission Bill’ seek to give constitutional status to the NJC,
- comprising the Chief Justice of India (Chairperson);
- two other senior-most judges of the Supreme Court;
- the Union Law Minister and
- two eminent persons to be nominated by the Prime Minister, the CJI and the Leader of Opposition of the Lok Sabha.
- One of the eminent persons shall be nominated from amongst the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities or women.
The object of constituting the Commission is to enable participation of judiciary, executive and eminent persons and will ensure greater transparency, accountability and objectivity in the appointment of judges to higher judiciary.
This video by PRS summaries the bill and present system.
Within 30 days of the NJC being put in place, the Centre will intimate the number of vacancies of Judges in the High Courts and Supreme Court for making recommendations to fill the vacancies. It also mandates the Centre to make a reference to the Commission about vacancies that might arise six months in advance for the NJC to take steps to fill the vacancies.
The NJC will recommend the senior most judge of the Supreme Court for appointment as the Chief Justice of India, provided he is considered fit to hold the office. For appointing Supreme Court judges, the NJC will recommend names of persons on the basis of their ability, merit and other criteria. The NJC is vested with veto power not to recommend a person for appointment if any two members do not agree for such recommendation both for the apex court and High Court.
The Commission will recommend a judge of High Court to be the Chief Justice of a High Court on the basis of inter-se seniority of High Court Judges and ability, merit and other criteria. For appointment of High Court judges, the Commission will seek nominations from the CJ of the High Court concerned in consultation with two senior most judges of that High Court. The NJC will elicit the views of the Governor and Chief Minister of the State before making recommendations.
On the recommendations of the Commission, the President will appoint the High Court and Supreme Court judges. However, if for some reason, the President requests the Commission to reconsider certain recommendations and the recommendation is reiterated the President is bound to make the appointment.
The Bill mandates the Commission to make regulations specifying the criteria of suitability with respect to the appointment of Judges of High Courts and Supreme Court, the procedure and conditions for selection and procedure for transfer of judges from one High Court to another.
Your peer group are people with similar dreams, goals and worldviews. They are people who will push you in exchange for being pushed, who will raise the bar and tell you the truth.
They’re not in your business, but they’re in your shoes.
Finding a peer group and working with them, intentionally and on a regular schedule, might be the single biggest boost your career can experience.
Wake Up Before It’s Too Late
You are watching lots of movies; you are reading lots of other stuff – news articles, novels, magazines etc; you are on phone most of the time; you may be quarreling a lot with girlfriend/boyfriend, parents and siblings; you are daydreaming a lot; or you may be just sleeping too much.
You want to read a lot. You want to make notes. You want to start answer writing practice. Yet, these are not happening. Days are being spent on doing things that do not help you succeed.
The fact is that you are doing these things to escape from your own fears. You are scared about pending works. You are scared about doing something that you haven’t done before. You are scared about the result because you may be thinking that you would be never able to match the score of toppers. Or you may be just scared about the UPSC and its seemingly ‘uncertain’ behaviour!
You waste time not because you are fond of wasting it, it’s because you want a safe hiding place from so many responsibilities. Last night you decided to make notes from The Hindu, but today you read the same paper for 3 hours yet failed to make notes. Instead, you wasted whole day watching movies because you felt bad about not making notes; or you just told yourself that you would do it tomorrow because there is still plenty of time left.
Funny thing is that you know time once gone is gone forever. You try to console yourself by postponing your tasks. You think you are ‘buying’ time, but you don’t realize that you are ‘burying’ the time. You are burying the future.
But why are you wasting time?
Some aspirants assume that they can give the exam next year by preparing very well this year. This feeling gets stronger as the Prelims approach. This is one of the reasons why only less than 50 per cent of applicants write Preliminary exam every year.
You are wasting time because you think that you have plenty of time. Because you think that you have still got many attempts. Because your confidence level is very low. Because you have lots of pending things to complete.
Things go on accumulating because you waste your time doing tasks that in no way help you achieve your goal. The more you procrastinate, the more your confidence levels hit the bottom.
Even if you have got only 30 days for the exam, start preparing today. Don’t worry if you succeed this time or not, things you do seriously today would help you tomorrow.
If you go on postponing your tasks, I can guarantee you that you will do the same in your next attempt too.
Don’t worry how less you have studied till now. Don’t worry how much pending work you have. You must start studying now.
Just take a pen and write an answer. Solve a problem or two. Read a chapter or two from your optional subject.
Do it for 4 hours. Your confidence will be back. Try it if you are serious about getting a rank.
All you need is a genuine START. Then accelerate. Know your speed. Sustain the momentum. Always realize that the hours you waste today would cost you tomorrow. Once you realize that you are wasting time for no reason, you will start focusing on your goal. Realize it now.
You have sacrificed a lot to prepare for this exam. You have come far away from your home. You have pent 2-3 years for this exam without a job experience. There is no point in wasting time. You have to get a rank. And ranks don’t come if you keep on procrastinating your plans.
One key to sustain your momentum is to love what you do. Once you start well, your confidence soars. When your confidence is good, the mind is relaxed. The more you are relaxed the better will be your performance in your studies and exams.
It’s just a starting problem, or a ‘restarting’ problem. Wake up now and start again. No one can stop you except yourself. A start should be such that you should stop only at the doorstep of Lal Bahadur Shastri National Academy of Administration.
No matter where you stand today irrespective of your levels of preparation, start now.
As Prelims are nearing, it’s better to start with brushing up your basics again. Solve lots of questions. Don’t worry about the past. If you do more now, the past will slowly melt away. Get busy with exam related stuff. Start enjoying this journey. Remember, once you start, your stop should be at the LBSNAA.
This is shared to help the reader give some boost in the preparation just before exam.The First post is written by Seth Godin and second is written for Insights of India [I loved it ,hence shared it ,Full credit to them].
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2014, which was introduced in Lok Sabha yesterday, was referred to the Standing Committee by Speaker Sumitra Mahajan today. This Bill amends The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Which prohibits the commission of offences against members of the Scheduled Castes and Scheduled Tribes (SCs and STs) and establishes special courts for the trial of such offences and the rehabilitation of victims. The amendment Bill adds new categories of actions by non SCs and STs against SCs or STs to be treated as offences.
- The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2014 was introduced in the Lok Sabha by the Minister of Social Justice and Empowerment, Mr. Thaawar Chand Gehlot on July 16, 2014.
- The Bill replaces the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014.
- The Bill seeks to amend the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Act prohibits the commission of offences against members of the Scheduled Castes and Scheduled Tribes (SCs and STs) and establishes special courts for the trial of such offences and the rehabilitation of victims.
- Actions to be treated as offences: The Act outlines actions (by non SCs and STs) against SCs or STs to be treated as offences. The Bill amends certain existing categories and adds new categories of actions to be treated as offences.
- Forcing an SC or ST individual to vote or not vote for a particular candidate in a manner that is against the law is an offence under the Act. The Bill adds that impeding certain activities related to voting will also be considered an offence. Wrongfully occupying land belonging to SCs or STs is an offence under the Act. The Bill defines ‘wrongful’ in this context, which was not done under the Act.
- Assaulting or sexual exploiting an SC or ST woman is an offence under the Act. The Bill adds that: (a) intentionally touching an SC or ST woman in a sexual manner without her consent, or (b) using words, acts or gestures of a sexual nature, or (c) dedicating an SC or ST women as a devadasi to a temple, or any similar practice will also be considered an offence. Consent is defined as a voluntary agreement through verbal or non-verbal communication.
- New offences added under the Bill include: (a) garlanding with footwear, (b) compelling to dispose or carry human or animal carcasses, or do manual scavenging, (c) abusing SCs or STs by caste name in public, (d) attempting to promote feelings of ill-will against SCs or STs or disrespecting any deceased person held in high esteem, and (e) imposing or threatening a social or economic boycott.
- Preventing SCs or STs from undertaking the following activities will be considered an offence: (a) using common property resources, (c) entering any place of worship that is open to the public, and (d) entering an education or health institution.
- The court shall presume that the accused was aware of the caste or tribal identity of the victim if the accused had personal knowledge of the victim or his family, unless the contrary is proved.
- Role of public servants: The Act specifies that a non SC or ST public servant who neglects his duties relating to SCs or STs shall be punishable with imprisonment for a term of six months to one year. The Bill specifies these duties, including: (a) registering a complaint or FIR, (b) reading out information given orally, before taking the signature of the informant and giving a copy of this information to the informant, etc.
- Role of courts: Under the Act, a court of Session at the district level is deemed a Special Court to provide speedy trials for offences. A Special Public Prosecutor is appointed to conduct cases in this court.
- The Bill substitutes this provision and specifies that an Exclusive Special Court must be established at the district level to try offences under the Bill. In districts with fewer cases, a Special Court may be established to try offences. An adequate number of courts must be established to ensure that cases are disposed of within two months. Appeals of these courts shall lie with the high court, and must be disposed of within three months. A Public Prosecutor and Exclusive Public Prosecutor shall be appointed for every Special Court and Exclusive Special Court respectively.
- Rights of victims and witnesses: The Bill adds a chapter on the rights of victims and witness. It shall be the duty of the state to make arrangements for the protection of victims, their dependents and witnesses. The state government shall specify a scheme to ensure the implementation of rights of victims and witnesses.
- The courts established under the Bill may take measures such as: (a) concealing the names of witnesses, (b) taking immediate action in respect of any complaint relating to harassment of a victim, informant or witness, etc. Any such complaint shall be tried separately from the main case and be concluded within two months.
Via : PRS Legislative Research .