- October 9, 2016
- Posted by: Vinoba
- Category: All Posts, October 2016
1.Any person can now be tried under Domestic Violence Act: Supreme Court
Source: Indian Express
The Supreme Court said that the words ‘adult male person’ were contrary to the object of affording protection to women who have suffered from domestic violence ‘of any kind’.
Domestic Violence Act:
- The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence.
- It was brought into force by the Indian government from 26 October 2006.
- The Act provides for the first time in Indian law a definition of “domestic violence”, with this definition being broad and including not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse.
- It is a civil law meant primarily for protection orders and not meant to penalize criminally.
- The act does not extend to Jammu and Kashmir, which has its own laws, and which enacted in 2010 the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010.
Supreme court order:
The Supreme Court has widened the scope of the Domestic Violence Act by ordering deletion of the words “adult male” from it, paving the way for prosecution of women and even non-adults for subjecting a woman relative to violence and harassment.
Section 2(q) of the Act reads:
The apex court has ordered striking down of the two words from section 2(q) of the Protection of Women from Domestic Violence Act, 2005, which deals with respondents who can be sued and prosecuted under the Act for harassing a married woman in her matrimonial home.
Section 2(q) of the Act reads: “‘respondent’ means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under DV Act.”
The microscopic difference between male and female, adult and non adult, regard being had to the object sought to be achieved by the 2005 Act, is neither real or substantial, nor does it have any rational relation to the object of the legislation.
Deletion of the words:
A bench of Justices paved way for prosecution of any person irrespective of gender or age under the DV Act, ordered deletion of the words “adult male” from the statute book saying it violated right to equality under the Constitution.
The bench said that the words “adult male person” were contrary to the object of affording protection to women who have suffered from domestic violence “of any kind”.
Therefore, strike down the words ‘adult male’ before the word ‘person’ in Section 2(q), as these words discriminate between persons similarly situated, and far from being in tune with, are contrary to the object sought to be achieved by the 2005 Act.
The impugned judgment of the Bombay High Court and declare that the words ‘adult male’ in Section 2(q) of the 2005 Act will stand deleted since these words do not square with Article 14 of the Constitution of India.
Dealing with the term ‘adult’, the bench said “it is not difficult to conceive of a non-adult 16 or 17-year-old member of a household who can aid or abet the commission of acts of domestic violence, or who can evict or help in evicting or excluding from a shared household an aggrieved person.
The bench said that the term “adult male” contained in the Act was “discriminatory”.
2.India to light up IEA’s global LED programme
Source: The Hindu
India, through its company Energy Efficiency Services Limited (EESL), has performed exceedingly well in terms of vastly improving access to LED lighting while reducing their cost.
The price at which EESL has been purchasing LED lights to distribute under the government’s Unnat Jyoti by Affordable LEDs for All (Ujala) scheme has been consistently falling over the last couple of years. The company purchased LEDs at Rs.310 per piece in 2014, and the price fell to Rs.55 as of March 2016.
Discussion on efficiency and conservation have to be informed by the ground realities faced in India of availability, accessibility, and affordability of energy.
3.GVA to grow faster at 7.8 per cent, says Yes Bank
SOURCE: The Hindu
India’s gross value added (GVA), a measure of the value of goods and services produced in an economy, may grow at 7.8 per cent this financial year compared with 7.2 per cent growth in fiscal ended March 2016, according to a report by Yes Bank.
The primary measure of regional GVA (the increase in the value of the economy due to the production of goods and services) at 3 geographical levels (region, sub-region and local area).
- It is measured at current basic prices, which include the effect of inflation, excluding taxes (less subsidies) on products (for example, Value Added Tax).
- GVA plus taxes (less subsidies) on products is equivalent to Gross Domestic Product (GDP).
- These regional estimates of GVA are measured using the income approach, which involves adding up the income generated by resident individuals or corporations in the production of goods and services.
A combination of factors such as a delayed impact of normal monsoon, Seventh Pay Commission and festive season will provide support to the economy, although core industry growth, pace of manufacturing and industrial credit continued to show tepid momentum, according to the report.
That credit growth to MSMEs has been contracting for the last several months, with the near-flat credit growth in large industries, exacerbating the overall slowdown in industrial credit.
Retail loans are the main driver of credit growth and which expect this divergence to persist and become more pronounced amid Pay Commission payouts and up-tick in rural demand lead to greater demand for personal loans and services.
- On India’s fiscal deficit, the bank said that it had moved closer to budget estimates although non-tax revenue contracted 22.5 per cent between last month, against a 60 per cent growth in the year earlier period.
- Dividends were up, but interest receipts were low leading to the contraction.
- Gross tax revenue growth was slightly lower than last year due to a tepid pace in customs revenue, moderation in excise and negative growth in corporate tax.
- Income tax grew at a robust rate. The report also said that capital to revenue expenditure ratio was lower, implying a deterioration in the quality of spending.
4.Maharashtra becomes 17th State to join UDAY: an overall net benefit of Rs. 9725 crores to accrue to the State
Government of India has signed a Memorandum of Understanding (MOU) with Government of Maharashtra and Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL) under the Ujwal DISCOM Assurance Yojana (UDAY).
The UDAY scheme is aimed at bringing ailing power distribution companies (discoms) to a state of operational efficiency, with state governments taking over up to 75% of their respective discoms’ debt and issuing sovereign bonds to pay back the lenders.
UDAY envisages a permanent resolution of past as well as potential future issues of the sector The scheme seeks to achieve this through several simultaneous steps including reducing the interest burden on the discoms by allowing the states to take over the bulk of their debt, reducing the cost of power, and increasing the operational efficiencies of the discoms by providing capital and infrastructure like coal linkages.