INTRODUCTION

The word administration has been derived from Latin word “ad” and “ministiare” which means to serve or to manage. In easy language it means the “management of affairs” or “protection for people”. Administration is thus distressed with proper organization of men and material to achieve needed ends. It requires of ‘doing the work’ or ‘to get the work done by others’. Administration is necessary activity of every human grouping. It may be called the technology of social relationship.

TYPES OF ADMINISTRATION

Administration is a common process and happens in diverse institutional settings. Based on its institutional setting, administration is divided into private administration and public administration

1. Private administration – When it refers to activities of a Household, club, corporation or company (which are private organizations), is known as private administration.

2. Public Administration – When it refers to the activities of the state performed by the central, provincial or local Govt., it is called Public Administration.

WHAT IS PUBLIC ADMINISTRATION?

Lewis Meriam defined public administration as “an instrument with two blades like a pair of scissors one blade might be the knowledge of the fields covered by POSDCORB, the other blade is knowledge of the matter in which these techniques are applied. Both blades must be sufficient to make an effective too”.

Public administration is a feature of the vast field of administration. It exists in a political system for the accomplishment of the goal and objectives formulated by the political decision maker. It is called as governmental organization because the adjective of the word “public” in the word “Public administration” means Government administration. Hence, the focus is on public bureaucracy, i.e. bureaucratic organization of Government.

Thus, Public Administration is a management of affairs of government by an organizational structure which acts on behalf of people, attempt to achieve a common goal, accessible, transparent and accountable to public at large.

Many jurists has defined the meaning of word public administration in different ways-

Luther Gulick (American Political Scientist) has defined the Public Administration as it is the part of the science of administration which has to do with the Government and thus concerns itself at its place with the executive branch where the government has completed its work.

L.D. White (American Historian) defined “the public administration as it comprises of all those operations having for their motive, the fulfillment or enforcement of Public Policy”.

Nigro and Nigro has defined “the public administration with a modern view that is, it is cooperative group effort in a public setting which covers all the three branches- executive, legislative and judiciary and their inter-relationships. It plays an important role in the formulation of policy and is thus a part of the political process, and is different in various ways from private administration and is associated with the number of private groups and individuals in giving services to the community.”

The customary definitions of public administration, which are mentioned above, display the idea that the public administration is only for carrying out the policies and programs of the Government. But today the term Public Administration is used in a broader sense that it is not only involved in carrying out the programs of the Govt. but it also plays an important role in policy formation and covers the three branches of the Government.

NATURE OF PUBLIC ADMINISTRATION

Public Administration has been stated in two senses i.e. wider and narrow sense.

Wider sense – In the wider sense, Public Administration involves the activities of all the three branches of the Government, i.e. Legislature, executive and Judiciary.

Narrow sense- Public Administration in the narrow sense comprises of the activities which includes only the executive branch of the Government.

There are two altogether different ideas regarding the nature of public administration

1. The Integral view- Public administration encompasses all the activities which are undertaken to accomplish the given objective.

2. The managerial view- Public Administration in this context, encompasses only the managerial activities and not the technical, clerical and manual activities which are non-managerial in nature. Luther gulick has given the concept of POSDCORB i.e. Planning, organizing, staffing, directing, coordinating, reporting and budgeting( activities of administrator or manager)

SIGNIFICANCE OF PUBLIC ADMINISTRATION

The present day age, which has felt the need of the emergence of ‘administrative state’ Public Administration has become an important part of society and an authoritative factor. The functions it brings into play to perform, have increased in scope and nature, and what is more, are frequently expanding. Most of them are more efficacious in nature because they keep an eye for the essential requirements of Human Life. It is, therefore, an innovative factor, with its aim being ‘human welfare’. The functions are over and above its regulatory functions. The view points of eminent scholars, reflects the significance of public administration-

Woodrow Wilson: “Administration is the clearest part of government, it is government in action, and it is the executive, the operative and the most visible aspect of government”.

Brooke Adams: “Administration is an essential human faculty because its main work is to create such type of environment which can bring the social change so smoothly and to cushion the stock of social revolution

W.B. Donham: “If our civilization fails, it will be mainly because of breakdown of administration”.

Paul H. Appleby: “Administration is the basis of government. No government can exist without administration”.

THE SIGNIFICANCE OF PUBLIC ADMINISTRATION IN VARIOUS ASPECTS IS STATED BELOW

1. An instrument for providing services- Public Administration is mainly concerned with the performance of various activities performed by government in the public interest.

2. An instrument for implementing policies-: Modern governments go a long way in formulating and adopting sound policies laws and regulations. It should be remembered that such policies, laws, etc. are not merely printed papers. Such paper statement of purpose is changed into reality by public administration thus changing words into action and form into substance.

3. An establishing force in society-: Public administration is a major force for bringing stability in society. It has been noticed that though government often changes, but violent change is perhaps experienced by administration. An element of progression between the old and the new orders has been given by public administration. It does not hold true only of constitutional changes of government in democratic countries, but is also displayed when there are revolutionary conversions in the form and character of government.

4. An instrument of social change and economic development-: Public administration’s role as a change agent is particularly crucial in developing nations. It is expected of the state at present to work for accelerating socio- economic change and not to be a passive agency to maintain the current status.

5. Technical Character-: The present day government is expected to provide various services to its population. The increase in the number of functions undertaken by the government requires highly specialized, professional and technical, services. Today’s public administration generally represents a galaxy of all of nation’s occupations.

It provides continuity to government i.e. government may come and go but their policies are continued by the administrators. It necessarily tide over negative development as industrialization resulted in evils such as unemployment, long hour of work, child labour etc. it is the additional responsibility of public administration to overcome these negative developments. Importance of Public Administration as a subject is an instrument of national integration particularly in developing countries which are facing the challenges of sub- national, classmates, and secessionism and so on.

According to the views given by Gerald Caiden, public administration has assumed the following crucial roles in contemporary modern society like Preservation of polity, Maintenance of stability and order, Institutionalization of socio economic changes, Management of large scale commercial services, Ensuring growth and economic development, Protection of weaker section of society, Formation of public opinion and Influencing public policies. Thus it can be concluded that public administration promotes human welfare.

Let me remind you that I had written in this column in the last week of July about the brutality and atrocity against women and girls in Taliban-held areas in Afghanistan. I had put forth a question: How can the world remain silent against this oppression? I had not imagined even remotely at that time that the oppressive Taliban would be occupying Kabul’s Presidential palace within a month and the President of Afghanistan would quietly flee the country! But all this happened and the dark truth of the present time is that except for the Panjshir province, the rest of the country is under the control of the Taliban. It is beyond comprehension how many people will be the victims of this cruel regime and how many girls will be brutalised by Taliban terrorists! Afghanistan has once again been pushed into the dark dungeon!

You can call Afghanistan the land of tragedy. First it was colonised by the British, then Russia occupied it. The US not only trained the Taliban, but also gave a lot of money and plenty of weapons to ensure that Russia did not become dominant there. Villages became centres of weapons. Even today, there are markets for arms like the ones for vegetables. All sophisticated weapons are available in those markets. Once love and affection echoed in the Hindu Kush, and bliss and peace reigned in the beautiful valley. All that disappeared. Children aged 12 to 15 years started roaming around with AK-47 rifles. The tribes began to fight and rule over each other at the point of gun.

Though Russia left, Afghanistan became a sanctuary for terrorists. When Al-Qaeda founder Osama bin Laden mounted the 9/11 attack on the US, an angry America entered Afghanistan. The US killed Laden in Pakistan’s Abbottabad city, but despite a protracted war in Afghanistan, it could not eliminate the Taliban because Pakistan and China had become Taliban’s allies. They were also using terrorists against India but America was unable to do anything because it began to feel the heat at the home front.

The American people were questioning their government over its overseas policy. They asked whether the US had taken upon itself to set the world right? The people there felt that the war of Afghanistan was proving to be another Vietnam for them.

Donald Trump then decided to withdraw from Afghanistan. Peace talks with the Taliban began in Doha but the problem was that there were several factions of Taliban, so whom to talk to? Meanwhile, Joe Biden became the US President and displayed extreme hurry in withdrawing the troops from the land it had occupied for 20 years. Surprisingly, the Ghani government of Afghanistan was also not included in the talks it held with the Taliban. If America wanted, it could have laid down tough conditions before the Taliban, but it was in a hurry to run away. The Taliban anticipated this and captured the country even before America left Afghanistan. America did nothing except keep watching, giving rise to the suspicion whether there was any nexus between them? Why did the US shove Afghanistan into the jaw of Taliban from whose cruel clutches it wanted to rescue Afghanistan?

A lot of water and blood has flowed down Helmand (the longest river in Afghanistan) in the last 20 years but nothing changed the destiny of Afghanistan. The same dark clouds covered it again! Whenever there is war, the first victims are women, children and girls. You must remember the story of Malala. She was riddled with bullets because she was a proponent of education to girls. With the arrival of the Taliban, the life of girls in Afghanistan has become miserable again. You must have seen video footage where women are throwing their children towards foreign soldiers at the airport so that their lives may be saved somehow. An extremely distressing sight! All efforts by the World Bank and the Asian Bank to generate employment for youth, impart education and develop playgrounds for children during the Ghani government have come to naught. Farming in Afghanistan is nothing to speak of, so what can the youth do there?

As far as India is concerned, we have spent three billion dollars on development there. Talibanis will now sit in the Parliament that India has built! It will not be easy for India to adjust with the Taliban. My opinion is that India should tread cautiously. The question of recognising the Taliban regime does not arise. It cannot be trusted. They are fanatics who will always dance to the tune of Pakistan!

And as far as Afghanistan is concerned, will the olden days of modernity 50 years back ever return? Fifty years ago, it was a fashion hub. It used to publish slick fashion magazines and host fashion shows. The dresses of the women there were similar to the women of the European countries. The photographs taken by a person named Mohammad Qayumi tell the story of that period. Women wore pencil sandals, skirts and fashionable shirts. The campuses of universities used to be glamorous. Theatres would be crowded. Girls were ahead in every sphere of life. Between 1996 and 2001, when the Taliban seized power, the whole country lapsed into a medieval period. They have returned again, bringing with them the same dark night!

Sorry, Afghanistan! This world, which is hoisting flags on the Moon, travelling in space and searching for water on Mars, is not able to do anything for you. Rather, you have become a victim of these forces! Therefore, you will have to spread light in this dark night yourself. Be patient, have courage and awaken the energy within you so much so that the light emanating from it removes the shroud of darkness.

The author is the chairman, Editorial Board of Lokmat Media and former member of Rajya Sabha.

Afghanistan, which was known for its fashion and style just five decades ago, is imprisoned in a deep, dark dungeon today. Terrorism arising out of religious fanaticism has brought this nation to the point of annihilation. The cruel claws of savagery are ravaging it. It is being ruthlessly trampled upon. Will the world merely remain a mute spectator?

In a big boost for rights concerning the personal liberty of citizens, the Apex Court in a cogent, commendable, composed and convincing judgment titled Siddharth vs State of Uttar Pradesh Criminal Appeal No. 838 of 2021 (Arising out of SLP (Crl.) No. 5442/2021) delivered just recently on August 16, 2021 has minced just no words to make it absolutely clear that, “Merely because an arrest can be made because it is lawful does not mandate that arrest must be made.” The Bench of Apex Court comprising of Justice Sanjay Kishan Kaul and Hrishikesh Roy also made it amply clear that personal liberty is an important aspect of our constitutional mandate. It goes without saying that all the Courts must always certainly adhere strictly to what has been laid down by the Apex Court in this leading case.

To start with, it is first and foremost stated by the Bench of Apex Court that, “Leave granted. The short issue before us is whether the anticipatory bail application of the appellant ought to have been allowed. We may note that as per the Order dated 02.8.2021 we had granted interim protection.”

While elaborating on the facts of the case, the Bench then enunciates in the next para that, “The fact which emerges is that the appellant along with 83 other private persons were sought to be roped in a FIR which was registered seven years ago. The appellant claims to be supplier of stone for which royalty was paid in advance to these holders and claims not to be involved in the tendering process. Similar person was stated to have been granted interim protection until filing of the police report. The appellant had already joined the investigation before approaching this Court and the chargesheet was stated to be ready to be filed. However, the reason to approach this Court was on account of arrest memo having been issued.”

Needless to say, the Bench then puts forth in the next para that, “It is not disputed before us by learned counsel for the respondent that the chargesheet is ready to be filed but submits that the trial court takes a view that unless the person is taken into custody the chargesheet will not be taken on record in view of Section 170 of the Cr.P.C.”

Simply put, the Bench then envisages in the next para that, “In order to appreciate the controversy we reproduce the provision of Section 170 of Cr.P.C. as under:

“170. Cases to be sent to Magistrate, when evidence is sufficient. – (1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.”

To put things in perspective, the Bench then quite pertinently observes in the next para that, “There are judicial precedents available on the interpretation of the aforesaid provision albeit the Delhi High Court. In Court on its own motion v. Central Bureau of Investigation 2004 (72) DRJ 629, the Delhi High Court dealt with an argument similar to the contention of the respondent that Section 170 Cr.P.C. prevents the trial court from taking a chargesheet on record unless the accused is taken into custody. The relevant extracts are as under:

“15. Word “custody” appearing in this Section does not contemplate either police or judicial custody. It merely connotes the presentation of accused by the Investigating Officer before the Court at the time of filing of the chargesheet whereafter the role of the Court starts. Had it not been so the Investigating Officer would not have been vested with powers to release a person on bail in a bailable offence after finding that there was sufficient evidence to put the accused on trial and it would have been obligatory upon him to produce such an accused in custody before the Magistrate for being released on bail by the Court.

16. In case the police/Investigating Officer thinks it unnecessary to present the accused in custody for the reason that accused would neither abscond nor would disobey the summons as he has been co-operating in investigation and investigation can be completed without arresting him, the IO is not obliged to produce such an accused in custody.

19. It appears that the learned Special Judge was labouring under a misconception that in every non-bailable and cognizable offence the police is required to invariably arrest a person, even if it is not essential for the purpose of investigation.

20. Rather the law is otherwise. In normal and ordinary course the police should always avoid arresting a person and sending him to jail, if it is possible for the police to complete the investigation without his arrest and if every kind of co-operation is provided by the accused to the Investigating Officer in completing the investigation. It is only in cases of utmost necessity, where the investigation cannot be completed without arresting the person, for instance, a person may be required for recovery of incriminating articles or weapon of offence or for eliciting some information or clue as to his accomplices or any circumstantial evidence, that his arrest may be necessary. Such an arrest may also be necessary if the concerned Investigating Officer or Officer-in-charge of the Police Station thinks that presence of accused will be difficult to procure because of grave and serious nature of crime as the possibility of his absconding or disobeying the process or fleeing from justice cannot be ruled out.””

Furthermore, the Bench then states that, “In a subsequent judgment the Division Bench of the Delhi High Court in Court on its own Motion v. State (2018) 254 DLT 641 (DB) relied on these observations in Re Court on its own Motion (supra) and observed that it is not essential in every case involving a cognizable and non-bailable offence that an accused be taken into custody when the chargesheet/final report is filed.”

It cannot be glossed over that the Bench then points out that, “The Delhi High Court is not alone in having adopted this view and other High Courts apparently have also followed suit on the proposition that criminal courts cannot refuse to accept a chargesheet simply because the accused has not been arrested and produced before the court.”

While referring to another relevant case law, the Bench then added in the next para that, “In Deendayal Kishanchand & Ors. v. State of Gujarat 1983 CriLJ 1583, the High Court observed as under:

“2.…It was the case of the prosecution that two accused, i.e. present petitioners Nos. 4 and 5, who are ladies, were not available to be produced before the Court along with the charge-sheet, even though earlier they were released on bail. Therefore, as the Court refused to accept the charge-sheet unless all the accused are produced, the charge-sheet could not be submitted, and ultimately also, by a specific letter, it seems from the record, the charge-sheet was submitted without accused Nos. 4 and 5. This is very clear from the evidence on record. […]

8. I must say at this stage that the refusal by criminal Courts either through the learned Magistrate or through their office staff to accept the charge-sheet without production of the accused persons is not justified by any provision of law. Therefore, it should be impressed upon all the Courts that they should accept the charge-sheet whenever it is produced by the police with any endorsement to be made on the charge-sheet by the staff or the Magistrate pertaining to any omission or requirement in the charge-sheet. But when the police submit the charge-sheet, it is the duty of the Court to accept it especially in view of the provisions of Section 468 of the Code which creates a limitation of taking cognizance of offence. Likewise, police authorities also should impress on all police officers that if charge-sheet is not accepted for any such reason, then attention of the Sessions Judge should be drawn to these facts and get suitable orders so that such difficulties would not arise henceforth.””

Quite significantly, the Bench then hastens to add in the next para that, “We are in agreement with the aforesaid view of the High Courts and would like to give our imprimatur to the said judicial view. It has rightly been observed on consideration of Section 170 of the Cr.P.C. that it does not impose an obligation on the Officer-in-charge to arrest each and every accused at the time of filing of the chargesheet. We have, in fact, come across cases where the accused has cooperated with the investigation throughout and yet on the chargesheet being filed non-bailable warrants have been issued for his production premised on the requirement that there is an obligation to arrest the accused and produce him before the court. We are of the view that if the Investigating Officer does not believe that the accused will abscond or disobey summons he/she is not required to be produced in custody. The word “custody” appearing in Section 170 of the Cr.P.C. does not contemplate either police or judicial custody but it merely connotes the presentation of the accused by the Investigating Officer before the court while filing the chargesheet.”

More significantly, the Bench then holds in the next para that, “We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it [Joginder Kumar v. State of UP & Ors. (1994) 4 SCC 260]. If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused.”

Most significantly, the Bench then goes on to hold in the next para that, “We are, in fact, faced with a situation where contrary to the observations in Joginder Kumar’s case how a police officer has to deal with a scenario of arrest, the trial courts are stated to be insisting on the arrest of an accused as a pre-requisite formality to take the chargesheet on record in view of the provisions of Section 170 of the Cr.P.C. We consider such a course misplaced and contrary to the very intent of Section 170 of the Cr.P.C.”

As it turned out, the Bench then went on to hold in the next para that, “In the present case when the appellant has joined the investigation, investigation has completed and he has been roped in after seven years of registration of the FIR we can think of no reason why at this stage he must be arrested before the chargesheet is taken on record. We may note that learned counsel for the appellant has already stated before us that on summons being issued the appellant will put the appearance before the trial court.”

Finally, the Bench then holds in the final para that, “We accordingly set aside the impugned order and allow the appeal in terms aforesaid leaving the parties to bear their own costs.”

In a nutshell, this learned, latest, laudable and landmark judgment places the personal liberty of any accused in any given case on the highest pedestal. Even Article 21 of our Constitution manifestly accords supreme importance to the right to life and personal liberty of citizens. It thus merits no reiteration that this noteworthy ruling also makes it quite abundantly clear that nowhere does Section 170 of the CrPC imposes any obligation of any kind on the officer-in-charge to arrest each and every accused at the time of filing of the charge sheet which must be abided and adhered to in totality! In other words, we thus see the Supreme Court had itself made it quite discernibly clear that, “Merely because an arrest can be made lawfully, it does not mandate that arrest must be made.”

The judgement places the personal liberty of any accused in any given case on the highest pedestal. Even Article 21 of the Constitution manifestly accords supreme importance to the right to life and personal liberty of citizens. It thus merits no reiteration that this noteworthy ruling also makes it abundantly clear that nowhere does Section 170 of the CrPC imposes any obligation of any kind on the officer-in-charge to arrest each and every accused at the time of filing of the chargesheet which must be abided and adhered to in totality. In other words, we thus see the Supreme Court had itself made it clear that, “Merely because an arrest can be made lawfully, it does not mandate that arrest must be made.”

In a major setback to the West Bengal State Government led by Chief Minister Mamata Banerjee, the Calcutta High Court in a learned, latest, laudable and landmark judgment titled Susmita Saha Dutta Vs The Union of India and Ors. and other connected matters in WPA(P) 142-149 and 167 of 2021 has outrightly rejected State Government’s argument that police can’t be held responsible for post-poll violence due to Election Commission of India’s (ECI’s) Model Code of Conduct. The Calcutta High Court made it clear that, “Constitutional obligations of the State do not get vested in the Election Commission during the process of elections.” It must be mentioned here that acting Chief Justice Rajesh Bindal delivered the lead judgment whereas Justice IP Mukerji, Justice Harish Tandon, Justice Soumen Sen and Justice Subrata Talukdar delivered separate but concurring judgments. Not a single Judge dissented which clearly implies that the State Government’s arguments failed to cut ice with any of the Judges who were hearing this case!

To start with, in the lead judgment authored by the Bench of Acting Chief Justice of Calcutta High Court – Rajesh Bindal first and foremost points out in para 1 that, “The extraordinary jurisdiction of this Court has been invoked by the residents of the State seeking to preserve the constitutional values and the democratic set up. Civil liberties and fundamental rights are sought to be protected. The preamble of our Constitution provides for India to be a sovereign, socialist, secular, democratic, republic securing to all its citizens’ liberty of thought, expression and political rights. The dignity of the individual, which is spoken of in the Preamble of the Constitution of India is a facet of Article 21, thereof (Ref. Joseph Shine Vs. Union of India, (2019) 3 SCC 39, Para 107).”

As we see, the Bench then puts forth in para 2 that, “The allegations in the petitions are that the people who supported the political parties other than the ruling party in the recently concluded Assembly Elections in the State (year 2021), have been made to suffer at the hands of the supporters/workers of the party, which came in power. The courts have a duty to adjudicate whenever violation of fundamental rights is alleged. The following discussions will make the position clear.”

SCHEDULE OF ELECTIONS

Needless to say, the Bench then states in para 3 that, “Elections to the State Assembly were conducted in eight phases, starting from March 27, 2021. Last date of polling was April 29, 2021. Result was declared on May 02, 2021.”

FACTS OF THE CASES: WPA(P) 142 OF 2021 FILED ON 04.05.2021

While elaborating on the facts of the case, it is then stated in para 4 that, “The present writ petition filed was first in the series, interalia, praying to combat the post-poll violence and take corrective as well preventive action. Direction was also sought to open Control Room so as to enable the victims to lodge their complaints online or over telephone. As an interim measure direction was sought to the respondents to help the post-poll violence victims. The result of the Assembly polls was declared on May 02, 2021. The present writ petition was filed immediately thereafter. It was mentioned in Court on May 04, 2021. It is alleged in the petition that till the date of filling of the petition there had been 14 victims of post poll violence. The victims were not even able to go to the police stations to lodge their complaints. Even though the incidents occurring across the State were well within the knowledge of the police but there had been no punitive or preventive action.

WPA(P) 143 OF 2021 FILED ON 06.05.2021

The present petition was filed by different set of persons praying for a direction to the respondents to take immediate steps to stop ongoing post-poll violence. The prayer was also made for an independent and impartial investigation of the offences by constitution of a special investigation team. Direction was sought to the Union of India to deploy adequate central forces in the disturbed areas and to provide compensation to the families of the sufferers. The aforesaid petition was mentioned for immediate listing on May 06,2021to appear in the cause list on May 07, 2021. The petitioner in this petition claimed that he is a practising lawyer of this Court. It is alleged in the petition that the situation in the State post Assembly Elections is alarming. 11 persons have died in various incidents. Many had to leave their houses to save their lives. After the declaration of result, the activists of the ruling party ransacked and looted the houses of the supporters of the opposition parties and they were killed and assaulted. It is further pleaded that after the elections, same sort of violence always occurred in West Bengal. The State used to take steps to control the same but this time it was a mute spectator. Number of photographs as appeared in print media along with news of the victims have been annexed.

WPA(P) 144 OF 2021 FILED ON 07.05.2021.

The present petition has been filed by an advocate practising in this Court in public interest raising the issue of post-poll violence. She had contested the election in the recently concluded State Assembly polls from Entally constituency. She also claimed herself to be a social-worker, who had been raising various social issues by filling public interest litigations. She sought to expose the cause of economically weaker sections, who were affected in the postpoll violence in her constituency. It is pleaded that at the instance of the goons belonging to the party in power, the houses of her supporters have been looted and vandalized. She had filed complaints to the police on May 03, 2021. However, no action was taken by the police. In fact, the complaints filed by her were sent by the police to the goons of the ruling party who in turn harassed the aggrieved persons. They were pressurised to withdraw the complaints. This establishes that the police is hand in glove with the ruling party goons. The prayer was made for a direction to the police to immediately take action and stop the atrocities. Time-bound investigation be made of the offences already committed. Number of photographs of the persons affected were also annexed.

WPA(P) 145 OF 2021 FILED ON 10.05.2021

The present petition, again filed in public interest, raises the issues regarding violence in which number of workers of the opposition parties including the main opposition party suffered physically as well as damage to their properties. It is alleged that properties of number of them were even set on fire. The Office of the Akhil Bharatiya Vidya Parishad was set on fire on May 04, 2021 and the persons present there were assaulted. In the past few days, murder, assault, rape, ransack and vandalism of houses of the workers of the main opposition party had become common in the State. List of nine persons, who were murdered in different areas immediately after the elections, was given. Despite wide reporting of the post-poll violence the State agencies are collectively keeping silence, hence, failing to discharge their constitutional duty. The victims were not even allowed to lodge their complaints as they were threatened with implication in false cases in case they dare to lodge complaints. Even women and children were not spared. The prayer has been made that the respondents herein be directed to submit the details of the FIR registered, arrest made and the steps taken to control the violence. The prayer has also been made for independent and impartial investigation by constituting a Special Investigation Team. Direction was sought to the official respondents to deploy Central and State forces to enforce law and order. The petitioner also sought protection as he apprehended threat to his life having espoused the cause of the affected persons.

WPA (P) 146 OF 2021 FILED ON 10.05.2021

In another petition filed in public interest raising similar issues, the facts narrated are that assembly polls were held in the State of West Bengal in eight phases starting from March 27, 2021 and the last date of poling being April 29, 2021. On May 02, 2021, the result was declared. The Trinamul Congress was the winning party. The main opposition party was Bharatiya Janata Party. Immediately thereafter, the violence broke. The houses and vehicles of the workers of the opposition parties were attacked and ransacked. Their party offices were set ablaze. Number of persons were killed, beaten up and even sexually assaulted. Number of photographs as appeared in the print media were annexed. Prayer was made to the Central as well as the State government to deploy more forces to maintain law and order, appoint an independent committee to conduct free and fair investigation, to provide protection to the petitioner from retributive action of rioting mob, direction to the police to register FIRs in all cases. Number of photographs of the affected persons were annexed.

WPA (P) 147 OF 2021 FILED ON 10.05.2021

Another petition was filed in the series of petitions raising hue and cry on behalf of the persons who are sufferers in the post poll violence. The petitioner claimed that there were number of murders and damage to the property of the workers of the losing political parties. Besides annexing photographs of the workers, whose house were damaged and who were caused grievous injuries including the weaker sex, the petitioner has also annexed a compact disk containing videos of such violence as collected from various social and digital media. No action was taken by the ruling party or its leaders either to condemn or take corrective steps. Prayer was made to secure life and property of the affected persons, proper judicial investigation of the incidents of political violence. The persons, who had been displaced on account of threat to their life and property, be restored to their own houses.

WPA (P) 148 OF 2021 FILED ON 12.05.2021

In yet another petition filed, similar issues were sought to be raised. In addition, it is pleaded that on account of post-poll violence, thousands of residents of the State living close to the neighbouring State of Assam had to migrate to that State. Their houses and business establishments were damaged. Some of them were raised to the ground. The news was termed to be fake by the party in power. National Commission for Women expressed shock over gang rapes at various places in the State. It was further pleaded that the intent to unleash the violence was to create a fear factor in the mind of the residents of the State, not to spare any other party except one in power. As a result the democratic setup in the state itself is in danger. The State authorities have failed to discharge their duty despite intimation. As the State machinery had kept its eyes closed to the large scale violence after the assembly polls, it cannot be trusted for carrying out investigation. The same need to be handed over to some independent agency. Further grievance raised was that the police is not registering the complaints. The prayer was for calling upon the official respondents to show cause as to why they failed to register the complaints. It is pleaded that about 80,000 persons had to migrate from the state to the neighbouring state of Assam because of post poll violence. Steps be taken to reinstate the victims to their native places. Prosecution of the persons involved in the offence, deployment of Central Forces for restoration of law and order in the State, payment of adequate compensation to the victims and the investigation by some independent central agency, are the other reliefs claimed.

WPA(P) 149 OF 2021 FILED ON 12.05.2021

The present petition was being filed by the widow of a person, who was murdered on May 03, 2021 in post-poll violence. Though other petitioners have also joined along with her. The allegations are similar in nature. It states that about 20 persons have died in post-poll violence. Many of the victims are not even in a position to reach out to the Courts or lodge complaints with the police. On May 03, 2021, late husband of the petitioner No. 1 was working in field when some workers of the party in power threw bombs targeting her husband with a view to kill him as he was a worker of the Indian Secular Front. He died on way to hospital. Number of examples were given, where houses of the workers of different political parties than the party in power were attacked, ransacked, damaged and looted. The pleadings in the case do not pertain only to the main opposition party. Names of the persons who had attacked the victims or damaged their properties have specifically been mentioned in the petition. It further pleads that the Chief Minister had declared compensation for the victims of political violence. However, no such scheme had been published and nothing has been paid. Investigation be got conducted by constituting a Special Investigation Team. The victims should be compensated. The prayer was made for independent investigation of the crime after registration of the FIRs. Police reinforcement in the affected areas and rehabilitation of the affected victims were also prayed for.

WPA (P) 167 OF 2021 FILED ON 03.06.2021

another petition has been filed by none else than a candidate who contested the recently concluded State Assembly election from Beliaghata Constituency with Bharatiya Janata Party ticket and a practicing advocate in Alipore District Court. He also sought to espouse the cause of the persons who were made to suffer in post-poll violence. He pleaded that all his supporters who are mostly belonging to economically and socially weaker sections of the society were terrorised and traumatised. On the day the counting was taking place, he along with some of his supporters had gone to the Netaji Indore Stadium. 10 to 15 motorcycles of his supporters were parked in front of his house. Before he could return, after the result was declared, the goons of the party in power gathered in front of the house of the petitioner and started abusing. They were involved in stone pelting as well. Though the petitioner was not present, however, his family members were there. At around 03:00 P.M., they broke the CCTV camera, threw bombs in front of his house and started damaging the bikes of his supporters, which were parked outside his house. One of these was set ablaze. As a result, even the petitioner’s house also caught fire. Photographs have been annexed. The petitioner called the Beliaghata Police Station but with no response. The petitioner had to take shelter at some other place to save his life. Similarly in the same fashion, the houses and properties of his other supporters were also damaged and looted. The goons were carrying the banners and flags of the party in power. Prayer was made for appropriate protection and deployment of security forces in the area and constitution of a special investigation team for independent investigation of crime.”

Most damningly, the Bench after listening to all the sides minced just no words to state it quite upfront in para 79 that, “In the case in hand, the facts, as have been discussed in the preceding paragraphs are even more glaring as the incidents are not isolated to one place in the State. Rather the violence which erupted after polls and declaration of results was state-wide. Number of persons had died. The women were raped. The house of certain persons who had not supported the party in power were demolished. Their other properties were damaged. Their belongings were looted including the chattels. Allegations are also that the complainants are being threatened to withdraw their cases. Number of cases of murder are sought to be claimed as natural death without recording FIRs and the investigations of cases as per procedure established by law. Number of persons are alleging that they were forced to leave their houses and villages and had not been able to come back because of threat. Social boycott and closure of their business establishments are the other allegations. The matters are pending in this Court and are being taken up on regular basis but still in spite of the fact that three months have lapsed no concrete action has been taken by the State, which could inspire confidence except filing affidavits and placing on record thousands of papers. In number of cases pertaining to murder, rape and other crime against women, the cases are sought to be closed without registration of FIRs or no response given to the committee. Apparently to favour the accused, FIRs have not been registered under proper provisions of law. Accused in number of FIRs have been named as workers/supporters of ruling party in the State. The allegations of the petitioners are that in registration of cases and investigation thereof of the police is slow as main allegations are against the supporters and workers of the ruling party. In number of cases FIRs were registered only after the committee pointed out those. There are some FIRs registered against the supporters/workers of political parties not in power. These are claimed by them as false cross cases. Even they will not be able to allege bias against the State if investigation of their cases is also held by an independent agency or monitored by SIT. It should and will inspire confidence of the people in rule of law. The allegation is of police inaction. Report submitted by the Committee throws some light on this and the police having not properly responded to all the issues raised and trying to downplay the same, it certainly needs investigation by an independent agency. Even comparison of data pertaining to crime during previous corresponding period will also not come to the rescue of the State as the pattern of the crime can change and the period thereof. Further there are definite and proved allegations that complaints filed by the victims of post poll violence were not registered. Such types of incidents, even if isolated are not good for healthy democracy.”

Resultantly, it is then envisaged in para 80 that, “In our opinion, the heinous crime such as murder and rape deserve to be investigated by an independent agency which in circumstances can only be Central Bureau of Investigation. It is for the reason that in number of cases, the State had failed to register the FIRs and opined the same to be not the cases of murder. In some cases, even after registration of FIR, the observation by the State is that these may result in ‘no case’. This shows pre-determined mind to take investigation into a particular direction. Under such circumstances investigation by independent agency will inspire confidence to all concerned. Only the cases which have been mentioned in the report of the Committee pertaining to murder and rape shall be referred to CBI. We have chosen this option because as the from the facts of the cases, which have been briefly discussed above, these fall in the category of rare cases and the reasons for which this large scale violence has occurred in State.”

Adding more to it, it is then stated in para 81 that, “As far as other cases are concerned, there are allegations that the police had not registered number of cases initially and some were registered only after the Court had intervened or the Committee was constituted. These allegations were found to be true on the basis of the material placed on record. A number of FIRs were registered by the State suo-moto after the Court had intervened. In some the allegations pertained to the incidents which had taken place immediately after the result of the State Assembly Elections was declared whereas, in some, FIRs were registered belatedly for the incidents which had taken place about a month ago. The petitioners apprehend that seeing the conduct of the police, there may not be fair investigation. To install faith of the people in rule of law and considering the extraordinary circumstances with which the State and the Court is faced with, we propose to constitute a Special Investigation Team headed by Suman Bala Sahoo and Soumen Mitra and Ranveer Kumar, all IPS officers of West Bengal cadre, as the members thereof. The working of the SIT shall be overviewed by a retired Hon’ble Judge of Hon’ble the Supreme Court, who shall be requested to take up the assignment after taking his/her consent. He will be required to only review the working of the SIT and ensure that it is moving on a right track. Any report(s), pleadings or applications shall be filed in court only by and under the signatures of the Head of SIT.

Please read concluding on thedailyguardian.com

The idea being to inspire confidence regarding the independence of system being followed for investigation of cases.”

ORDER

Finally and far most significantly, it is then held in para 82 that, “In view of our aforesaid discussions, we direct as follows:

i) All the cases where, as per the report of the Committee, the allegations are about murder of a person and crime against women regarding rape/attempt to rape, shall be referred to CBI for investigation. The Committee, NHRC, any other Commission or Authority and the State shall immediately hand over entire record of the cases entrusted to the CBI for investigation. It is made clear that it shall be the Court monitored investigation. Any obstruction in the course of investigation by anyone shall be viewed seriously.

ii) For other cases, as have been referred to in the report of the Committee, Special Investigation Team is constituted for monitoring the investigation. The team shall be headed by Suman Bala Sahoo, and Soumen Mitra and Ranveer Kumar, all IPS officers of the West Bengal cadre, shall be its members The SIT shall be entitled to take assistance of any other officer/police officer or any institution or agency for carrying out fair investigation of the cases. It is made clear that it shall be Court monitored investigation. The State shall spare their services for the purpose, as and when required and shall not take any adverse action against them without specific permission of the Court. The working of the SIT shall be overviewed by a retired Hon’ble Judge of Hon’ble the Supreme Court, for which separate order shall be passed after taking his/her consent. His/her terms of appointment shall be decided later on.

iii) Notice issued to Rashid Munir Khan, Deputy Commissioner of Police, South Suburban Division, Kolkata vide order dated July 13, 2021, to show-cause as to why proceedings for contempt be not initiated against him, shall be dealt with later.

iv) As the core issue regarding the post-poll violence and the action required to be taken thereon has been resolved with the directions for proper investigation of cases by the CBI and the SIT as referred to above, the matters now shall be placed before the Division Bench for dealing with other issues in the report and further proceedings.

v) The application bearing CAN No 4/2021 in WPA(P) 142 of 2021 filed by the Partha Bhowmick and Jyotipriya Mallick for impleading as parties to the proceedings, is rejected as they are neither necessary nor proper parties to the proceedings for the issues being dealt with by this Court.

vi) The sealed cover (Annexure – I) submitted by the Committee along with its report, second autopsy report of Abhijit Sarkar, DNA analysis report as submitted by the Director Command Hospital, Kolkata and any other sealed cover pertaining to the case, lying with the Registrar General of this Court shall be handed over to the authorised officer of the CBI against proper receipt. Any documents/material therein, which is not relevant to the cases to be investigated by the CBI shall be handed over by it to the head of the SIT.

vii) Immediate action shall be taken by the State to pay compensation to the victims of crime as per the policy of the State, after due verification. It shall be direct bank transfer in their accounts. The same will not debar them to claim further compensation under any law or scheme of the Government, for which the victims shall be at liberty to avail of their appropriate remedies.

viii) We direct the CBI and the SIT to submit its status report in Court within six weeks from today.

ix) The CBI or the officer heading the SIT shall be entitled to file application for any further direction to enable them to carry out investigation expeditiously and in a fair manner. Such an application shall be listed before the Division Bench, as per roaster.

x) All the authorities in the State or any other agency, if requested, are directed to cooperate with the CBI and the SIT in conducting fair investigation of cases.

xi) It is further directed that in case CBI or SIT finds any case to be not related to post poll violence, the same shall be transferred to the officer incharge of the concerned police station for further proceedings. Entire record pertaining to the same shall be handed over to the concerned officer against proper receipt.

xii) It is made clear that any observation made in this order is only for the limited purpose of deciding the issue whether investigation is to be handed over to CBI and Special Investigation Team. Nothing observed shall be construed as an expression of opinion on the merits of the cases.”

As an aside, it is then stated in para 83 that, “Adjourned to October 04, 2021. To be placed before the Division Bench, as per roster.”

It goes without saying that this leading judgment is a damning indictment of the callous manner in which the law and order situation is handled ineptly by the state police. All the five Judges of Calcutta High Court have expressed their fuming resentment over the manner in which post-poll violence broke out and the way in which it was handled by the state police. Justice IP Mukerji in his separate but concurring judgment too minces no words to state in para 97 that, “What is very serious is that the state has not responded to the alleged offences of murder and rape tabulated as referred to in the judgment of the Hon’ble the Chief Justice (Acting). The offences are grievous, serious and heinous. It may be as a result of post poll violence. It may well be in the usual course of affairs. The fact remains that each of these offences needs serious investigation. That is the expectation of the people of this state. If this expectation is fulfilled, their faith in the rule of law and in the justice delivery system will be maintained and enhanced. Allegations have been made against the state alleging apathy towards investigation of these crimes. To dispel any doubt in the mind of the general people regarding fairness of the state machinery, the CBI should be entrusted with investigation of those specified offences regarding murder and rape under the supervision of the court. In this type of cases, it does not matter, in my opinion, which agency makes the investigation, the state or the CBI. If the offence is established, the wrong doers have to be brought to justice. Only then will the entire system be seen as fair, just and transparent by the ordinary people.”

Not a single Judge out of the five Judges who delivered this leading judgment has dissented which clearly speaks for itself! It is high time and West Bengal State Government led by CM Mamata Banerjee must accept this historic verdict with humility and act accordingly as directed. Of course, CBI and SIT must also pull up their socks and act promptly so that the truth comes out!

“A sister is a gift to the heart, a friend to the spirit, a golden thread to the meaning of life”

Isadora James

ABSTRACT

The rationale behind writing this blog is to dedicate the sacrifice and importance of all sisters in their brother’s lives since childhood. Brothers and Sisters are the same as friends but forever. In general, brothers and sisters have a love-hate relationship. My story remains the same, but I believe that this sacred relationship has leadership, love, and friendship. Brother-sister relationships are one of the most beautiful relationships in the world. One finds the best friends, second parents, stupid fights, partner in crime and guardians in this one relationship. In a nutshell, brothers and sisters are friends and assistants. Friendship between brothers is similar to friendship between the same age group.

“India is my country; all Indians are my brothers and sisters…..”. Everyone is aware from this line which is from school prayer.What are the realities that bothering the author? The present situation for our sister’s is not eye pleasing. Jackals and Eagles are roaming over this sacrosanct relationship. During the era of digital crimes, the author is concerned about her sister who is presently living away from her. The author finds the only way to protect his sisters from those vultures by telling them their inherited rights The voyage of this blog is written from two perspectives. In the first perspective, the author describes the problems and challenges women face before marriage, and in latter part the author describes the problems and challenges women face after marriage.

INTRODUCTION

Having a sibling is a bliss. Seriously. They’re probably irritating, annoying, maybe not, but definitely if you have a problem, they’re the ones who come first in front of you to protect you. That’s what a relationship looks like. Sibling relationships are fun to talk about, but not romantic. Not sexually attractive, but discuss and love each other.

Like the coin has two faces, being a girl or a woman isn’t easy. Various issues hinder the growth of a country and makes the women feel inferior. The rotten ideology in India is that a womanis important but she can’t be more valuable than a man as he brings food to the table. The author finds him lucky in this scenario where his parents are more affectionate and lovable towards her sister. The author knows the importance of his sister for aligning his actions and words with moral principles.

ISSUES AND CHALLENGES FOR WOMAN BEFORE MARRIAGE

Single women, girls, mothers, and women of all levels are assaulted, sexually harassed, and assaulted every day. Streets, public transport, especially public places, were in the hunter’s territory. Those who have already been expelled will struggle for a basic life with dignity, while weeping silently or with contempt. There is a silent war in the city. Girls attending their schools and colleges by protecting themselves in books, other women wear full-covering clothing to protect their bodies, and other women avoid the simple gaze while walking.

We are living in the age of science and technology the phase which has changed the outlook of the world. Technology has advanced people, and it has become a trend too. It is rightly said that with great power comes great responsibility. The advancement has caused technology to be faster and sensitive. Technology is a boon when used and a bane when it is misused.

TECHNOLOGY AND CRIME

The technology advancement has led the world to another level, so the crime has also become more tech-oriented. The rates of crime related to computer systems have increased over the last decade, but the technological advancements are continuously increasing which means that there will be more crime using technology or based on technology. Even the crime world isn’t behind in technology. The crimes that involves the use of computers or other electronic devices and the internet are knows as Cyber Crimes.

CYBER CRIME AGAINST WOMEN IN INDIA

In the age of technology women are not mentally secure. Since everyone has access to technology, they are the worst victims of mental anguish. These crimes against women are becoming more common by the day. Women face threats, stalking, voyeurism, body shaming, revenge porn, child abuse, and other forms of online violence. The same may be written in an endless number of ways. Certain provisions have been made to ensure safety of women who are at a greater risk of digital harm.

India has ranks number 3 for cyber-bullying crimes, and this is not even shocking anymore as the number of users are rising day by day and most of them are fake accounts. According to a survey conducted by an NGO, CRY (Children Rights and You) it was found that approximately 9.2% of children are being bullied online in Delhi NCR and half of the children do not complain about the incidence to their parents, teachers, or guardians.

The National Crime Report Bureau (NCRB) does not keep separate data for physical and cyber-crime incidents. Because of a lack of understanding about cybercrime, women are less likely to report it, and authorities are less likely to take it seriously. Cybercrime has increased significantly in India because they are not considered crimes.

• Cyber Stalking:- Cyber stalking has become a very common practice among the youth these days. In this, the victim and the stalker might know each other or they have seen or spoken to each other. The stalker-emails, messages telling the victim that he has every idea about the victim and making him/ her realize that she has an evil eye watching the victim all the time making the victim mentally troublesome and miserable. This crime is common with women where they are the victims of the cyber stalkers

• Cyber Bullying: – Cyber bullying & cyber stalking are both forms of cyber bullying. Threats, assault, body shaming, & other forms of harassment are used in this case. It has an unpleasant and nasty tone to it. People post pictures, videos which have content to trouble the victim. It is similar to bully but on an online platform. Women are discriminated on the basis of their color, body type, class performance, etc. They are asked to stay away by a particular group of people. They are not always permitted to be involved with or associate with a certain group of individuals. Slut shaming, body shaming, & other forms of shaming may be included in the texts or emails.

• Sextortion: – This is the most common cybercrime committed against women during the period of the pandemic. The offenders started extorting money or sexual favours by blackmailing the victims to reveal their private pictures or morphed images. Threatening women with sexual video calls/images or messages as a result of the epidemic and shutdown frustration drove criminals to seek sexual video calls/images or messages from women. Also, loss of income encouraged them to extort money by threatening the victim with their morphed images.

• Voyeurism: – Voyeur is a French word which means the one who looks and voyeurism is a concept used to describe when a person is watching somebody else’s private act for example sexual act or somebody naked or any action related to infringing somebody else’s private action to either have sexual pleasure or to click pictures etc to gain sexual pleasure. In other words, the habit of spying on people, when they do something which is generally done in private.

LAWS AGAINST CYBER-BULLYING IN INDIA

1. Information Technology Act, 2000: Chapter 11 of the ITAmendment Act consists of crimes that do not have a clear definition of cyber-bullying. However, the law provides the same measures, depending on Section 66 and Section 67. Some key provisions of the IT Act which deals with cyberbullying Sec. 66A that deals with sending offensive messages through communication service, etc However, there are some remedies for the victims provided in this Act against cyber-bullying:

i. Section 66(D): “This section indicates that if someone defrauds someone by impersonating them on the internet or through social media, they will be penalised. A sentence of up to three years in jail and/or a fine of Rs. one lakh may be imposed”.

ii. Section 66(E): “This section makes it illegal to purposefully capture someone’s private photographs and post them on the internet or social media without their agreement. The sentence may be up to three years in jail and/or a fine of Rs. three lakhs”.

iii. Section 67: “If anybody transfer, disseminate, or post obscene or inappropriate content on the internet or social media, personmight be prosecuted under this section. The sentence could be up to five years in jail and/or a fine of Rs. ten lakhs”.

2. Indian Penal Code, 1860: The Indian Penal Code (IPC) is the country’s official criminal code. Under the legislation, there is no explicit provision for cyber-bullying. However, there are several provisions that may deal with cyber-bullying offences:

i. Section 507: “This section punishes anyone who terrorises another person anonymously over the internet or social media and threatens or forces them to do something against their will. The sentence may last up to two years”.

ii. Section 509: “If a male tries to insult a woman’s modesty in any way, including over the internet or social media, he can be imprisoned for up to one year, with or without a fine”.

iii. Section 354(C): “If a male captures a woman’s photos without her agreement or authorization while she is in her private area, he can be prosecuted under this section. The sentence may range from 1-3 years, but if the accused continues to commit the crime, he will be sentenced to 3-7 years in jail”.

iv. Section 354(D): “This section allows for punishment if someone stalks or observes someone’s day-to-day actions on the internet without their knowledge with the aim to damage or hurt them. The sentence may last up to three years”.

v. Section 499: “If anyone defame someone, you might be penalised under this section. Defamation can also take place via the internet or through social media”.

CASE LAWS RELATED TO CYBER-BULLYING IN INDIA

• State of West Bengal v. Animesh Boxi: In this case, AnimeshBoxi was found guilty of uploading his ex-girlfriend’s pictures and videos on internet (pornography websites). Animesh was changer under many sections of IT Act, 2000 (Sections 66C, 66E and 67/67A) as well as IPC (Sections 354A, 354C, 354D, and 509) with an imprisonment of 5 years with a fine of Rs. 9,000. This case was a historic impact as it was the first landmark judgment in a revenge porn case in India.

• Prakhar Sharma v. The State of Madhya Pradesh: In this case, the defendant created a fake Facebook account in the victim’s name and posted obscene messages from that account using the victim’s photo (which was downloaded from the original ID). The defendant was convicted and punished under Sections 66C and 67/67A of the IT Act of 2000.

• Shreya Singhal & Ors. v. Union of India and Ors.: The Supreme Court overturned section 66A of the Information Technology Act of 2000 in this case. Sending insulting, threatening, abusive, or other communications via the internet was punishable under this section. It was claimed that section 66A was unconstitutionally ambiguous and went beyond the boundaries of Article 19 (2) of the Indian Constitution’s legal restrictions

Single women, girls, mothers, and women of all levels are assaulted, sexually harassed, and assaulted every day. There is a silent war going on in the city. Girls attend their schools and colleges by protecting themselves with books, other women wear full-covering clothing to protect their bodies, and still others avoid the simple gaze while walking.

Minister of Commerce and Industry, Consumer Affairs & Food & Public Distribution and Textiles Shri Piyush Goyal today conferred the National Intellectual Property Awards 2020 to the winners at an event. Dr Giridhar Aramane, Secretary, Ministry of Road Transport and Highways and Department for Promotion of Industry and Internal Trade and other senior officials were also present at virtual event.

While addressing the award function, Shri Goyal congratulated all the winners & hoped that they would continue to do such exemplary work in future also. He said that these awards were truly inclusive with contributions from varied sectors i.e. from Academia to Start-ups.

The Minister said that today, technology & ideas are the twin engines of growth, IPR is the fuel that powers them and this award not only recognises the innovative ideas of individuals & institutions but also serves as an inspiration for others. He said there is need to bring an IP revolution for Inclusive Progress in the nation and strengthening IPR laws. He said it will boost job creation, quality, competitiveness & manufacturing.

The Minister said that powered by Intellectual Property, India can be the “Innovation Powerhouse” of the world. Shri Goyal said that Intellectual Property Rights actually translates into India’s progress in real-time and extend Intellectual Property Right to India’s Prosperity Right. He said, we must aim to make India the “Design hub of World”

Shri Goyal said that just like geographical boundaries guard our country’s interests, Intellectual Property is the guardian of our country’s prospects. Shri Goyal further added that Intellectual property is the cornerstone of nation’s progress & showcases ingenuity of our youth. It is the key for success of Start-up India, Make in India & Design in India. He said under Prime Minister’s guidance, India has taken giant strides in creating a robust IPR regime & an ecosystem to foster innovation. Shri Goyal further said that IP has the power & potential to change lives & create livelihoods for billions. He said that today we recognise IP as one of the most valuable assets in India’s ability to compete in global economy. He said, our IP Rights must ensure whoever invents in India is not only protected but guaranteed to prosper .A strong IPR regime will empower the expansion & energize the industry in challenging times.

He said one major initiative in this direction has been – National IPR Policy for “Creative India, Innovative India”.

He said other key initiatives are Fee Concessions like 10% rebate on online filing, 80% fee concession for Start-ups & Small Entities. The Minister said that IPR filing procedures are now more compact, time-bound, user-friendly & compatible for e-transactions.He said that comprehensive e-Filing facility, Electronic processing of Patents & Trademarks applications, are bringing transparency & ease of access for those IPR seekers.

Addressing the event , Shri Goyal said the key achievements include

-Granting of 28,391 patents in 2020-21 as compared to 4,227 grants during 2013-14 (572% growth.

-Reduction in Time of patent examination from 72 months in Dec 2016 to 12-24 months in Dec 2020

-14.2 lakh trademark registrations in 4 years (2016-2020) in comparison to 11 lakh during 75 years (1940-2015).

Shri Goyal said we have improved India’s ranking in Global Innovation Index to 48th in 2020, (+33 ranks from 81st in 2015-16). The Minister said now, we must all work in a mission mode to achieve the ambitious target of being in the top 25 nations of Global Innovation Index.

In his concluding remarks, the Minister said that from Cars to Computers & from Sewing Machines to Spaceships, we must encourage all to design a better future for humanity. He said that we all need to contribute ideas in order to make our IP regime more proficient.

On this occasion, Shri Goyal made following announcements-

•​80% fee reduction filing for IPRs to all Recognized Educational Institution (Govt/Aided/Pvt) irrespective of whether such institute is in India or outside India.

•​Total fee (Filing + publication + Renewal fee) for an Institute is ~Rs. 4,24,500/- now, this will be reduced to Rs. 84,900/ -, The fees among the top Patent Offices worldwide.

•​Office of CGPDTM (IP office) will impart training & awareness to 10 Lakh students in this Azadi ka Amrit Mahotsav (15th Aug, 2021 to 15 Aug, 2022).

Shri Goyal appreciated efforts & contribution of all Officers in IP Office for being trusted guardians of “Brain of India”. He urged all to aim higher to transform India into a magnet to attract best of talent, ideas & technology.

It may be noted, every year National Intellectual Property (IP) Awards are conferred by Office of Controller General of Patents, Designs and Trade Marks (CGPDTM), Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, to recognize and reward the top achievers, comprising individuals, institutions, organisations, enterprises, police units and other legal entities, for IP creation, commercialization and enforcement, which has contributed towards strengthening IP eco-system in the country and encouraging creativity and innovation.