07.11.2024 Editorial
07.11.2024 Editorial
2 இனி மேலும் எய்ம்ஸ் (AIIMS) அல்லது ஒன்றிய அரசின் நிதியுதவித் திட்டம் The Hindu 12
(CSS) வேண்டாம் என்பதே பரிந்துரை -முனைவர் கே.ஆர்.அந்தோணி
New Delhi’s warm welcome for Trump 2.0 will be tempered by concerns over his social
media posts and tough rhetoric on trade and tariffs
Five years after Prime Minister Narendra Modi told a crowd in Houston, Texas, that India
had “connected well” with Republican candidate Donald Trump and followed it up with
“Abki Baar Trump Sarkar (This time, a Trump government)”, Mr. Trump has gained the
votes required to become the U.S.’s 47th President. Mr. Modi’s statement reflected the
bonhomie that the two leaders shared throughout Mr. Trump’s first tenure. But when we
go beyond personal ties to bilateral ties, ‘Trump 1.0’ was a mixed bag for India. New Delhi
will no doubt welcome Trump 2.0, even as it braces for the impact of some of his
methods, such as using social media to open coercion in order to drive home a point.
There are several reasons for the Modi government to be delighted with Mr. Trump’s
victory. The President-elect has made it clear that he intends to build on his past history
with India, which will include building trade ties, opening up more technology for Indian
companies, and making more U.S. military hardware available for Indian defence forces.
He will pick up the broken threads of negotiations for a Free Trade Agreement, which
saw intense negotiations in 2019-2020 before he lost power, and which former President
Joe Biden showed no interest in continuing. Rather than pushing India on carbon emission
cuts, Mr. Trump is likely to encourage India to buy into U.S. oil and LNG, along the lines of
the Memorandum of Understanding for the Driftwood LNG plant in Louisiana in 2019, which
would have brought $2.5 billion in investment from Petronet India into the U.S. but was
shelved a year later.
So, where could the trouble come from? The first problem is Mr. Trump’s persistent focus
on cutting trade tariffs, which saw his administration impose a series of counter-tariffs,
file World Trade Organization complaints, and then withdraw India’s GSP status for
exporters.
The second is his habit of disclosing the contents of private conversations with leaders
and, on occasion, embellishing them or even imagining them. For instance, he mocked Mr.
Modi on the issue of lowering of duties on Harley Davidson motorcycles and badgered
India to lift the ban on Hydroxychloroquine exports, which did not go down well in New
Delhi.
This habit took a more serious turn when it involved other countries. In 2019, Mr. Trump
told Pakistan’s then Prime Minister, Imran Khan, that they could “resolve the Kashmir
issue”, and that Mr. Modi had asked him to mediate in the matter (India vehemently denied
the assertion). In 2020, after China transgressed the Line of Actual Control and began a
Perhaps the most testing times were during the U.S.’s tensions with Iran: in June 2018, he
sent the then United Nations envoy, Nikki Haley, on a mission to New Delhi to virtually
threaten India with sanctions. Subsequently, India “zeroed out” its oil imports from both
Iran and Venezuela.
In some relief, New Delhi is likely to face little pressure now on cutting ties with Moscow,
given Mr. Trump’s interest in engaging the Russian President. India will also seek Mr.
Trump’s intervention in ending Israel’s war in Gaza and Lebanon, and reopening talks with
Gulf countries, to help revive its plans for the India Middle East Europe Economic Corridor,
now virtually moribund.
India’s neighbours may be more concerned about the impact of Mr. Trump’s victory.
During his last tenure, he had cancelled most of the U.S. aid to Pakistan. Now, the
Shahbaz Sharif government would worry about losing U.S. support on loans from the
International Monetary Fund and World Bank as well. In Bangladesh, Chief Advisor
Muhammad Yunus, a close friend of Democratic Party leaders, has already run afoul of
Mr. Trump, who posted on social media last week about Dhaka’s failure to protect Hindu
minorities. The Biden government had expanded its outreach in South Asian countries,
such as Nepal, Bhutan, and the Maldives. In that sense, many in the region may worry not
so much about U.S. actions, but a lack of attention from the new administration.
© The Hindu, First published on: November 07, 2024 01:02 am IST
https://www.thehindu.com/opinion/op-ed/what-trump-20-means-for-india-and-south-asia
/article68837750.ece
Rural Community Health Centres and the new AIIMS have a high staff vacancy; the
solution is to manage things efficiently with the resources that are available.
We do not need any more AIIMS. We do not need any more CHCs. Look at whatever is
available now. Make them work first and then build new ones. Deliver on your promises,
make them complete and then make new promises in the Budget. This is sound advice.
From the outside, 11 out of 18 All India Institutes of Medical Sciences (AIIMS) built recently
are impressive to look at. They are gigantic structures built in the cities of various States
as a Centrally Sponsored Scheme (CSS) under the Ayushman Bharat Health Infrastructure
Mission. But what lies inside is hollow and a disappointment for patients. These academic
institutions have 40% vacancy in teaching and research faculties.
How do students get trained in specialities with such a vacancy rate of teachers? These
academic centres are supposed to provide specialist doctors to district and Community
Health Centres (CHC). Roughly, when it comes to specialist posts, two thirds in the rural
areas and one third in the urban areas are vacant. Thus, instead of creating more new
AIIMS we need to strengthen existing medical colleges.
The Health Dynamics of India 2022-23 report presents a shocking and sad picture —
79.9% vacancy in 5,491 rural CHCs in 757 districts in India. Further, only 4,413 specialists
are available against the 21,964 staff needed. Since the year 2014, the shortfall of
specialists in CHCs has hovered around the 17,500 mark despite more post-graduate
medical seats having been created — 72,627 in 731 medical colleges. Specialists are
unwilling to work for want of important conditions such as decent staff quarters, schools
There is another catch. States have to draw 60% of this fund from the 15th Finance
Commission allocation, and not from the regular annual central allocation. Moreover, this
is a capital infrastructure investment and the recurrent expenditure for maintenance of
these new infrastructure facilities has to be met out of the annual health budget of the
State. Apart from construction, the cost of human resources for medical education and
health services can be met partially from the CSS. The dearth of skilled human resources
for the health sector in service and non-availability in the open market for appointment,
makes utilisation of budgetary provisions difficult. There was a deplorable 29% budgetary
utilisation of the CSS in 2022-23 and only 50% in financial year 2023-24. Only the
construction contractors made gains from such capex intensive allocation.
The lesson is this: do not reduce the central health Budget to only a capex pool for
infrastructural activities, without having matching funds for other components such as
drugs, diagnostics, ambulance facilities, emergency care and salaries of temporary staff
recruited for the operationalisation of such health institutions built with CSS funds. If the
aim of the CSS is to improve the health of the people, it must target the operational
outcomes rather than sinking capital only in the mere construction of buildings that are
under lock and key for years.
Emergencies and specialised care for referred cases from primary care institutions
cannot wait for these white elephants to become live and operationalised. They seek
‘purchased care’ from the exploitative and unregulated private sector. There is the risk of
patients facing a “debt trap” for patients. There is already a patient flow to over-utilised
Ghost CHCs
There are 785 districts in the country (as in local government directory data by the
Ministry of Panchayati Raj and the National Informatics Centre, Government of India) but
only 714 have a district hospital that provides tertiary care. There was a model of
subdistrict specialised care in the form of a first referral unit, or FRUs — four per district
in 600 districts of the country to provide emergency obstetric and neonatal care. Other
requirements were having an obstetrician, anaesthetist, paediatrician with operation
theatre and blood bank or blood storage unit. This was designed and partially
operationalised under the Child Survival and Safe Motherhood Programme (1992-97).
CHCs are 30 bed units with five specialists — physician, surgeon, obstetrician,
paediatrician and anaesthetist — to ideally serve a population of 1.6 lakh to 2 lakh. There
are 5,491 CHCs in 785 districts, i.e., seven CHCs in a district, which is unnecessary. With
the availability of only 4,413 specialists in India. it is obvious that these are ghost CHCs
with less than one (0.8) specialist per CHC available. It is a mockery of public health. If we
assume, for theoretical sake, that there is a uniform distribution of all five specialists in
equal number in the pool of 4,413 specialists, we can afford to have just 882 sets of
specialists to operationalise just one CHC other than a district hospital for specialised
care. All those surgical theatres, labour rooms, and other amenities that have been built
are a sheer waste of tax-payer’s money.
There must be careful planning with the available number of specialists, with the best
infrastructure created for a joint placement of five sets of specialists in one or two CHCs
at the sub district level for specialised care. Period. There should be no room for any
political pressure. When specialists are jointly posted, there is team support for
professional achievement and family life. Having decent staff quarters with running water
and 24-hour power backup will go a long way in boosting staff morale and stemming
employee attrition.
From this point on, all government service sponsored seats for post-graduate medical
education must be linked to a CHC or district hospital posting. The government must
ensure this and there has to be an undertaking by the medical student aspirants. There
can be a priority reservation for those aspirants who undertake a seven- to 10-year
service bond in CHCs in underserved districts or areas. Those who are willing to go in for
only a short-term assignment can be posted under the National Health Mission (NHM) —
the NHRM and the National Urban Health Mission have been merged as the NHM — with a
higher incentive package but without pension benefits. In the crisis now, this is a crucial
step that will meet staff needs.
Creating a cadre of family medicine specialists with specialised skill training in essential
and emergency surgical interventions, trauma care, emergency obstetrics and newborn
care, and intensive medical care are only short cuts as it takes a lot more time to ensure
that the shortage of specialists is resolved.
What is needed now is to manage things with the resources that are available in a smart
and efficient manner.
Dr. K.R. Antony is a paediatrician and public health consultant in Kochi, Kerala, and
formerly with UNICEF
© The Hindu, First published on: November 05, 2024 12:26 pm IST
https://www.thehindu.com/opinion/op-ed/the-prescription-is-no-more-aiims-or-chcs/artic
le68831469.ece
கள யதார்த்தம்
There can be no further delay in restoring Statehood for Jammu and Kashmir
The call by the Jammu and Kashmir (J&K) Lieutenant Governor (LG), Manoj Sinha, for
restoration of Statehood to the Union Territory must be seen as both a demand from the
newly elected regime and a reiteration of the promise made by the Centre. Being part of
the LG’s customary address to the Assembly, it obviously reflects the demand of the new
dispensation headed by the National Conference, and is in accordance with a recent
Cabinet resolution. At the same time, the LG also represents the President, who
administers all Union Territories. One cannot forget that the Union government had given
a solemn promise to the Supreme Court that J&K, which was downgraded and divided into
two Union Territories (UT) in August 2019, will get back its Statehood. Although no
timeline was given, the promise holds good with greater force now, as Assembly
elections have been held and a representative government installed. The assurance had
been given during the course of the hearing on the validity of the Presidential
The reasonably high turnout in the Assembly elections had demonstrated the faith
reposed by the people of J&K in democratic institutions, and their desire for a return to
popular rule. While the removal of the State’s special status may continue to rankle for
many, few would disagree that the restoration of Statehood is a matter of priority for the
people. The election of a new regime has strengthened democratic processes, and there
is really no reason or excuse for any further delay in conferring Statehood. There is
some cause for concern over the security situation, as evidenced by a spurt in militant
attacks. Both civilians and soldiers have been killed, and many of the victims were
non-local workers in the Valley. The most likely explanation for the escalation is that
militant groups want to create a sense of fear among non-local workers and provoke a
backlash from the security forces. However, neither any spike in terror attacks nor the
fact that the ruling Bharatiya Janata Party at the Centre could not realise its hope of
being in power in J&K should be seen as a possible reason to delay a positive decision on
its Statehood. The need for the elected regime to have its governance space expanded
by the benefits of full Statehood brooks no delay.
© The Hindu, First published on: November 06, 2024 09:58 am IST
https://www.thehindu.com/opinion/editorial/%E2%80%8Bsolemn-promise-on-restoring-sta
tehood-for-jammu-and-kashmir/article68833255.ece
Rare diseases.
-Khushboo Kumari
The Delhi High Court has directed the Union Government to establish the National Fund
for Rare Diseases (NFRD). What are rare diseases? What are the government policies for
rare diseases?
On October 4, the Delhi High Court directed that the Centre establish a National Fund for
Rare Diseases and allocate Rs 974 crore for 2024-25 and 2025-26. This was to be
approved and transferred in 30 days. It also said “treatment for all eligible… patients, as
per an AIIMS report dated July 21, who are before the court in these batches of petitions
1. The World Health Organisation (WHO) has defined rare diseases as a debilitating, lifelong
condition that affects 1 or fewer people in 1,000. Around 6% to 8% of the population is
estimated to have a rare disease, meaning 8.4 crore to 10 crore Indians are living with
these conditions for which treatments either do not exist or therapies are extremely
expensive. Some common rare diseases are Haemophilia, Pompe disease, Thalassemia,
Sickle-cell Anaemia, and Gaucher’s disease.
2. The Delhi High Court said that the National Rare Diseases Committee (NRDC), which
was constituted on May 15, 2023, shall continue to function for a further period of five
years with the ICMR director general as chairperson of the committee. The Court also
directed the government to expand the existing number of centres of excellence (COEs)
“considering patient density”. As of 2023, there were 11 COEs across the country.
3. Currently, 63 rare diseases are included under the National Policy for Rare Diseases,
which was recommended by the Central Technical Committee for Rare Diseases (CTCRD).
4. Therapies are available for less than 5% of rare diseases, leading to less than 1 in 10
patients receiving disease-specific care. Existing treatments are often very expensive.
While the Centre provides financial assistance to various CoEs for treatment,
stakeholders have gone to court to highlight challenges in accessing funds.
5. In India, rare diseases are categorised into three groups based on the nature and
complexity of available treatment options.
Group 1 includes diseases that can be treated with a one-time curative procedure.
Group 2 diseases require long-term or lifelong treatment which are relatively less costly
and have shown documented benefits, but patients need regular check-ups.
6. Many medicines and therapies for rare diseases are patented, which makes them very
expensive. The market for these drugs is small and the development costs are high, so
pharmaceutical companies often don’t find it profitable to produce them, pushing up
prices. Therefore, these drugs are called ‘orphan drugs’
In Mohd Ahmed (Minor) v. Union of India (2014), the Delhi High Court ruled that the “right
to health” is a crucial component of the “right to life” under Article 21 of the Indian
Constitution.
1. In 2021, the National Policy for Rare Diseases (NPRD) was launched. Under this policy,
financial assistance up to Rs 50 lakh is provided to patients receiving treatment at an
identified CoE. The CoEs include AIIMS in Delhi, PGIMER in Chandigarh, and the Institute of
Postgraduate Medical Education and Research at Kolkata’s SSKM Hospital.
2. The Health Ministry has opened a Digital Portal for Crowdfunding & Voluntary
Donations with information about patients and their rare diseases, the estimated cost of
treatment, and bank details of the CoEs. Donors can choose the CoE and patient
treatments they wish to support. Each CoE also has its own Rare Disease Fund, which is
used with approval from its governing authority.
4. The import of rare disease medicines by patients does not attract customs duty, but
companies that bring these drugs to India still pay 11% customs duty and 12% GST.
Rare Disease Day is observed annually on the last day of February to raise awareness
among people and decision-makers about rare diseases and their impact on patients’
lives.
© The Indian Express (P) Ltd, First published on: November 7, 2024 11:54 IST
https://indianexpress.com/article/upsc-current-affairs/upsc-essentials/knowledge-nugget
-of-the-day-rare-diseases-health-upsc-9657117/
அரிதான நோய்கள்
-குஷ்பு குமாரி
On this international day for preventing the exploitation of the environment in war
and armed conflict, let’s reflect on the devastating impact of conflicts around the world
on ecosystems, natural resources, climate resilience, and human lives.
As world leaders congratulate Donald Trump for his election victory, one of the serious
questions to be asked remains how would the policies of the next US president address
the environmental impact of ongoing conflicts across the world including the
Russia-Ukraine War and the escalating tensions in West Asia?
This reflection is increasingly important as raging conflicts across the globe are having
devastating impacts on ecosystems, natural resources, climate resilience and, most
importantly, on the health of local communities.
The United Nations General Assembly (UNGA) established the International Day for
Preventing the Exploitation of the Environment in War and Armed Conflict to draw
attention to the often overlooked impact of armed conflicts on the environment.
The day was designated by the UNGA in 2001, with the first observance taking place on 6
November 2002 to spread awareness about the significance of protecting the
environment during wars and armed conflicts.
The day also reiterates the importance for world leaders of incorporating environmental
concerns throughout all phases of conflicts, i.e. conflict prevention, peacebuilding and
post-conflict reconstruction. This approach is crucial for containing the environmental
consequences of war, including the lasting effects on local communities.
Wars and armed conflicts generate pollution, exacerbate climate change, damage
ecosystems, and cause health issues among local communities that are felt across
generations. Some of the examples include the ongoing war on Gaza and the
Russia-Ukraine War.
In its first assessment of the war in Gaza published in June this year, the UNEP noted the
unprecedented impact of the war on the tiny Strip’s ecosystems that had already been
facing degradation and pressure due to recurring conflicts, rapid urbanisation, high
population density, and the region’s vulnerability to climate change.
Similarly, more than two and a half years of the Russia-Ukraine War has had a
devastating impact on Ukraine’s environment and ecosystems. For instance, in a journal
article titled The environmental health impacts of Russia’s war on Ukraine, authors noted
that as of April 2023, approximately 1,74,000 square kilometers of Ukrainian territory (29
per cent) were contaminated with landmines, while bombing that dramatically increased
the concentration of fine particulate matter have increased air pollution in the country.
The war has also increased Ukraine’s vulnerability to climate change and complicated its
efforts to reduce greenhouse gas emissions. The authors of the article also underlined
the equally worrisome impact of the war on global food security, as Russia and Ukraine
are the two major suppliers of energy, food and fertilisers.
History abounds with lessons on how wars and armed conflicts have cast a long shadow
over public health, leaving scars that linger across generations. The use of atomic bombs
on Hiroshima and Nagasaki during WWII exposed local communities to radiation. As a
result, survivors and their descendants have faced severe immediate and long-term
health issues, including cancers and genetic damage.
The ongoing Russia-Ukraine War has caused severe destruction of civilian infrastructure
and internal displacement in Ukraine that, in turn, exacerbated the health impact.
According to the Office of the High Commissioner for Human Rights, 11,973 civilians,
including 622 children, have been killed since the start of the war in February 2022.
Similarly, in Gaza, since 7 October 2023, more than 41,000 people have been killed and
some 95,000 have been injured, while approximately 75 per cent of Gaza’s population
has been displaced. The war has also caused a catastrophic public health crisis, leading to
a spike in preventable deaths, the rapid spread of diseases, and high rates of physical
and mental illnesses.
Therefore, paying attention to the environmental effects of wars and conflicts is the
need of the hour. Although there are currently no international standards for measuring
environmental impacts during war, bodies like the UNEP, and some countries have
developed monitoring and documentation strategies to assess the environmental impacts
of armed conflict.
In that context, it is crucial that world leaders join hands and pledge to mitigate the
environmental impact of wars and conflicts. It is of paramount importance for saving the
environment, and ecosystems and preserving the gains made on climate change and
SDGs.
One way to address the issue could be to strengthen legal frameworks to protect the
environment during wars and armed conflicts and deter violators.
© The Indian Express (P) Ltd, First published on: November 6, 2024 21:12 IST
https://indianexpress.com/article/upsc-current-affairs/upsc-essentials/international-day-
against-environmental-exploitation-in-conflict-9656492/
Indians have been the majority of H-1B visa-holders in the past few years. In the fiscal
year 2023, Indians accounted for 72.3% of the total H-1B approvals.
With Donald Trump set for victory in the US Presidential elections, here’s a look at how
Trump’s first term in office affected the visa program for specialty occupations, known
as the H-1B.
The US government has capped the total number of new H-1B visas at 65,000 each
financial year. Another 20,000 visas can be given to those who have obtained a Master’s
degree or higher from a US institution. H-1B workers employed at higher education
institutions, non-profits or government research organisations are not covered by the
cap.
US government data shows that Indians have been the majority of H-1B visa-holders in
the past few years. In the fiscal year 2023, Indians accounted for 72.3% (2.79 lakh) of the
total (3.86 lakh) H-1B approvals, according to a US Citizenship and Immigration Services
(USCIS) report in March this year. Chinese workers were a distant second, receiving 11.7%
of the total H-1B visas approved in 2023.
Computer-related occupations accounted for 65% of all H-1B visas in 2023, followed by
architecture, engineering and surveying (9.5%) and education (6%). The median annual
compensation for H-1B visa holders in 2023 was $118,000, the report said.
© The Indian Express (P) Ltd, First published on: November 6, 2024 19:40 IST
https://indianexpress.com/article/explained/explained-global/what-happened-to-h-1b-visa
s-during-trumps-first-term-9656649/
Appointments of DGPs
- Priya Kumari Shukla
• The ‘Director General of Police, Uttar Pradesh Selection and Appointment Rules, 2024’
was cleared by the state Cabinet recently.
• Officials said the decision was taken citing a Supreme Court order dated September 22,
2006, in which, according to officials, the apex court expressed its expectation that
state governments enact a new Police Act that would be capable of keeping the police
• The committee for the selection and appointment of the DGP will be headed by a retired
judge of the High Court and will also include the Chief Secretary of the state, a nominee
of the UPSC, the chairperson or nominee of the Uttar Pradesh Public Service Commission,
the Additional Chief Secretary/Principal Secretary, Home Department, as well as a retired
DGP as its members.
• Under the new rules, the nomination committee shall be constituted on the basis of merit
of those officers, who have a minimum period of six months of service left from the date
of creation of vacancy in the post of DGP.
• Further, the new rules would also fix the minimum tenure of the DGP at two years, i.e.
once selected for appointment, the police chief should serve for a minimum of two years.
• Further, guidelines passed by the Supreme Court have been followed in the provisions
relating to the removal of the DGP from his post.
• Appointments of DGPs are now made on the basis of the Supreme Court judgment on
police reforms in Prakash Singh vs Union of India 17 years ago. According to the SC’s
guidelines on the appointment of police chiefs, the DGP is to be selected by the state
government from among the three senior most officers who have been empanelled for
promotion to that rank by the UPSC “on the basis of their length of service, very good
record and range of experience for heading the police force”.
• The DGP should have a fixed tenure of two years in the post, irrespective of the date of
retirement. A DGP can be removed only in exceptional circumstances.
• Based on the judgment, the UPSC issued its own guidelines in 2009 on the appointment
of police chiefs of states. According to these guidelines, states are supposed to draw up
and send to the UPSC a list of eligible officers with at least 30 years of service behind
• These officers are to be of the rank of ADG or the rank of police chief (and one below)
stipulated for that state. The list is supposed to be given to UPSC six months before the
incumbent DGP is to retire.
• An empanelment committee headed by the UPSC chairman, and with the union home
secretary, state chief secretary, state DGP, and the chief of a central police organisation
in it, is supposed to select a panel of three officers “based on merit”. For smaller states
that may have only one cadre post of DGP, the committee is supposed to send two
names.
• Under the rules, consent of an officer is not required for her posting. Also, the Centre
has the power to not relieve an officer for posting in the state.
• UPSC also submitted that while the 30-year rule could be relaxed to 25 years in states
like Himachal Pradesh, Manipur, Nagaland, Uttarakhand, Tripura, and Sikkim which may not
have enough officers meeting this criterion, this is to be done with the consent of the
Centre.
• Through two orders passed in 2018 and 2019, the SC has also stipulated that the UPSC
shall not put in the panel any officer with less than six months to retirement.
© The Indian Express (P) Ltd, First published on: November 7, 2024 08:58 IST
https://indianexpress.com/article/upsc-current-affairs/upsc-key-right-to-property-appoi
ntments-of-dgps-and-trump-2-0-9656767/
முக்கியமான கூறுகள் :
தகவல்களின் அடிப்படையில் :
The Supreme Court on Wednesday held that Section 197(1) of the Code of Criminal
Procedure (CrPC) that mandates prior sanction from the government to take cognizance
of an offence against public servants will apply to the Prevention of Money Laundering
Act (PMLA) too.
A bench of Justices A S Oka and Augustine George Masih said this while upholding the
Telangana High Court decision, setting aside a trial court order taking cognizance of the
complaint against IAS officers Bibhu Prasad Acharya and Adityanath Das, facing money
laundering charges, along with former Andhra Pradesh CM Jagan Mohan Reddy.
Section 197 (1) says, “When any person who is or was a judge or magistrate or a public
servant not removable from his office save by or with the sanction of the government, is
accused of any offence alleged to have been committed by him while acting or purporting
to act in the discharge of his official duty, no court shall take cognizance of such offence
except with the previous sanction.”
The ED, which filed the appeal challenging the HC order, contended that Acharya was not
a public servant within the meaning of Section 197(1) of CrPC, as it cannot be said that
while holding the said position, he was not removable from the office save by or with the
sanction of the government.
The ED also contended that in view of Section 71 of the PMLA, its provisions have an
overriding effect over the provisions of the other statutes, including the CrPC.
But the court did not agree, holding that the first condition, as required under Section
197(1), is satisfied in the case of both the respondents as they are civil servants. Also, the
acts alleged against them are related to the discharge of the duties entrusted to them
and thus the second condition for the applicability of Section 197(1) also stands satisfied.
“We have carefully perused the provisions of the PMLA. We do not find that there is any
provision therein which is inconsistent with the provisions of Section 197(1) of CrPC.
Considering the object of Section 197(1) of the CrPC, its applicability cannot be excluded
unless there is any provision in the PMLA which is inconsistent with Section 197(1). No
such provision has been pointed out to us. Therefore, we hold that the provisions of
Section 197(1) of CrPC are applicable to a complaint under Section 44(1)(b) of the PMLA,”
the SC ruled.
It added that “when a particular provision of CrPC applies to proceedings under the PMLA
by virtue of Section 65 of the PMLA, Section 71 (1) cannot override the provision of CrPC
which applies to the PMLA… A provision of Cr. P.C., made applicable to the PMLA by
Section 65, will not be overridden by Section 71. Those provisions of CrPC which apply to
the PMLA by virtue of Section 65 will continue to apply to the PMLA, notwithstanding
Section 71. If Section 71 is held applicable to such provisions of the CrPC, which apply to
the PMLA by virtue of Section 65, such interpretation will render Section 65 otiose. No
law can be interpreted in a manner which will render any of its provisions redundant”.
According to ED, Acharya, in conspiracy and connivance with Reddy, allotted 250 acres
of land for the SEZ project to Indu Techzone Private Ltd by violating the norms. It also
accused him of indirect involvement in money laundering.
The allegation against Das, who was at the relevant time Principal Secretary, I & CAD
Department of the state government, is that in conspiracy with Reddy, he extended
favours to India Cement Limited by allotting an additional 10 lakh litres of water from River
Kagna by violating the norms. Upholding the HC order, the SC said the cognizance of the
PMLA offences against, has been taken without obtaining previous sanction under
Section 197(1) of CrPC.
பிரிவு 197 (1) கூறுவதாவது, "ஒரு நீதிபதி, மாஜிஸ்திரேட் அல்லது ஒரு பொது
ஊழியர் (அரசு அனுமதியின்றி அவர்களின் பதவியில் இருந்து நீக்கப்பட முடியாதவர்)
குற்றம் சாட்டப்பட்டால், அவர்களின் அதிகாரப்பூர்வ கடமைகளைச் செய்யும்போது
அந்தக் குற்றம் நடந்ததாகக் கூறப்படுகிறது. எந்த நீதிமன்றமும் அவர்கள் மீது
நடவடிக்கை எடுக்க முடியாது. இது, அரசாங்கத்தின் முன் அனுமதியுடன் மட்டுமே
நடக்கும்.
பணமோசடி தடுப்புச் சட்டத்தின் (PMLA) பிரிவு 71-ன் கீழ், CrPC உள்ளிட்ட பிற
சட்டங்களின் விதிகளை விட இந்த விதிகள் முன்னுரிமை பெறுகின்றன என்று
அமலாக்க இயக்குநரகம் (ED) வாதிட்டது.
Even after changing the stance to “neutral” during the October review of the monetary
policy, Reserve Bank of India (RBI) Governor Shaktikanta Das on Wednesday indicated a
rate cut might not be forthcoming while sounding confident on economic growth.
“I find that it is only the index of industrial production (IIP) numbers and fast-moving
consumer goods sales in the urban sector that have considerably moderated,” he said
during a fireside chat on the inaugural day of the three-day Business Standard BFSI
Summit 2024.
“But other than that, goods and services tax, e-way bills, toll collection, air passenger
traffic, and the performance of the steel, cement and automobile industries have been
exceedingly good. The incoming data presents a mixed picture, but the positives
outweigh the negatives.”
While changing the stance to “neutral” in the October policy review, the policy repo rate
was kept unchanged at 6.5 per cent. The next policy review has been scheduled for
December 4-6.
“In September, the inflation print came in at 5.5 per cent. In October it is going to be high,
perhaps higher than in September,” he said, adding a change in stance did not mean that
the next step was a rate cut in the very next meeting.
Speaking at a fireside chat during the summit, State Bank of India Chairman C S Setty
said banks were increasingly prioritising value-added services tied to customer accounts
and strengthening customer relationships.
The governor’s confidence on growth was shared by public-sector bankers who engaged
in a panel discussion. They stressed improving risk management.
Sluggish deposit growth over the past two and a half years prodded banks to be
innovative in ramping up resource mobilisation.
“We as banks replicate the economy and as long as the economy is strong, the banking
sector would be in a sweet spot,” said Debadatta Chand, managing director (MD) and chief
executive officer (CEO), Bank of Baroda, said.
Private bank CEOs emphasised customer service rather than deposit rates.
“From the beginning, private sector banks were aware that they had to mobilise deposits
and for that they were reaching out to customers,” said Prashant Kumar, MD and CEO,
YES Bank.
“Over a period of time, there has been huge improvement in the efficiency of the system,
both on the government and the corporate side. So, money is moving from banking to
other asset classes. It is getting tougher to mobilise lendable deposits,” Kumar said during
the panel discussion of CEOs of private banks.
Foreign banks operating in India look at benefits from the resilience of the Indian
economy. India remains a strategically important country even as the retail banking
segment remains out of consideration for most of them, the India CEOs of foreign banks
said.
“There are 1.4 billion Indians. At least, 2-3 per cent of them will have needs that only a
global bank can deliver -- for example, someone who wants to send children abroad to
study or has a job that involves transfers to other countries,” said Hitendra Dave, India
CEO, HSBC, which is among the few major global banks to have a retail presence in India.
Small Finance Bank CEOs, who are eyeing the universal bank licence following the
regulator’s glide path on conversion in April this year, said they had the systems including
core banking, information technology, and governance practices in place for the
transition.
In a fireside chat, Shashank Kumar, co-founder, Razorpay, said regulation in the country
was necessary for the growth of the fintech ecosystem and norms did not necessarily
stifle innovation at new-age companies. He stressed the need for the RBI to be the single
regulator for all financial institutions -- traditional ones and fintech firms.
“Regulation does play catchup in certain areas, but it also enables innovation. Technology
does outpace regulation in some areas and regulation has to play catchup in those places.
There is some intentional regulatory innovation which I can see, which is how you
promote financial inclusion. How do you promote payments and banking?” Kumar said.
NBFC CEOs were of the opinion that the recent action by the RBI against four entities
would not affect the sector since it was on specific concerns of these companies.
At a panel discussion “Coming out of the shadow of banks?”, Jairam Sridharam of Piramal
Capital & Housing said the RBI action over the past year and a half had cut across both
banking and non-banking entities.
“The recent action is a little bit more in our mind. But, in general, the RBI has been
concerned about conduct issues of all lenders over the past year and a half, and very
appropriately,” Sridharam said.
He said the lending industry in general needed to take note of the underlying concerns
being raised by the RBI.
Rajiv Sabharwal of Tata Capital said: “What I have seen with the RBI is it never surprises
you. It will tell you it will advise you as to what is right and what is wrong. And if within
the timeframe that action does not happen, that is when it leads to this (action by RBI).”
ஆனால் அது தவிர, சரக்கு மற்றும் சேவை வரி (goods and services tax),
இ-வே பில் (e-way bills), சுங்கச் சாவடி வசூல் (toll collection), விமானப் பயணிகள்
போக்குவரத்து இடையூறு (air passenger traffic) மற்றும் எஃகு, சிமென்ட் மற்றும்
ஆட்டோமொபைல் தொழில்களின் செயல்திறன் மிகவும் சிறப்பாக உள்ளது.
உள்வரும் தரவு நேர்மறை மற்றும் எதிர்மறை அம்சங்களைக் காட்டுகிறது.
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