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1) Google appeals Competition Commission of India’s ruling over alleged search bias In news Google has appealed against a ruling by India’s competition watchdog that found it guilty of “search bias”, while the website that brought the case also challenged the outcome, complaining the online search giant had got off too lightly. Context of the issue In February, the Competition Commission of India (CCI) fined Google 1.36 billion rupees ($21 million), saying it was also abusing its dominance by giving its own online airline flight search product an unfair advantage over rivals. Google, the core unit of U.S. firm Alphabet Inc, said it had filed an appeal. After the February ruling, Google had referred to the issues raised by the Commission as narrow concerns. It noted the order indicated that on the majority of issues the CCI examined, Google’s conduct complied with Indian competition laws. However, a lawyer with knowledge of the matter said that Matrimony.com, the Indian matchmaking website that had filed the case against Google was dissatisfied with the outcome and had lodged its own appeal. com, according to the lawyer, has appealed against both the size of the fine, which it says is too small, and the CCI’s ruling that neither Google’s specialised search design or its advertising service, AdWords, were breaking competition rules. Google did not comment on that development. A CCI official called the watchdog’s judgement robust and said it would defend its ruling at the National Company Law Appellate Tribunal (NCLAT). Google was found to be indulging in practices of search bias and by doing so, it causes harm to its competitors as well as to users. 2) U.S., Russia clash at U.N. over chemical weapons attacks in Syria Russia and the United States tangled at the United Nations over the use of chemical weapons in Syria as Washington and its allies considered whether to strike at President Bashar al-Assad’s forces over a suspected poison gas attack last weekend. Moscow and Washington halted attempts by each other in the U.N. Security Council to set up international investigations into chemical weapons attacks in Syria, which is in the throes of a seven-year-old civil war. U.S. President Donald Trump and Western allies are discussing possible military action to punish Assad for a suspected poison gas attack on Saturday on a rebel-held town that long had held out against government forces. On the diplomatic front, the United Nations Security Council failed to approve three draft resolutions on chemical weapons attacks in Syria. Russia vetoed a U.S. text, while two Russian-drafted resolutions failed to get a minimum nine votes to pass. Moscow opposes any Western strike on its close ally Assad and has vetoed Security Council action on Syria 12 times since the conflict started. U.S. Ambassador to the United Nations Nikki Haley told the Security Council that adopting the U.S.-drafted resolution was the least that member nations could do. 3) Right to marry person of one’s choice is integral to right to life & liberty: SC on Hadiya case “The right to marry a person of one’s choice is integral to Article 21 (right to life and liberty) of the Constitution”, the Supreme Court said and set aside a 2017 order of the Kerala High Court which annulled the marriage of Kerala Muslim convert girl Hadiya and Shefin Jahan.

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Page 1: Google appeals Competition Commission of India’s ruling over ......1) Google appeals Competition Commission of India’s ruling over alleged search bias In news Google has appealed

1) Google appeals Competition Commission of India’s ruling over alleged search

bias In news

Google has appealed against a ruling by India’s competition watchdog that found it guilty of

“search bias”, while the website that brought the case also challenged the outcome,

complaining the online search giant had got off too lightly.

Context of the issue

In February, the Competition Commission of India (CCI) fined Google 1.36 billion

rupees ($21 million), saying it was also abusing its dominance by giving its own online

airline flight search product an unfair advantage over rivals.

Google, the core unit of U.S. firm Alphabet Inc, said it had filed an appeal.

After the February ruling, Google had referred to the issues raised by the Commission as

narrow concerns. It noted the order indicated that on the majority of issues the CCI

examined, Google’s conduct complied with Indian competition laws.

However, a lawyer with knowledge of the matter said that Matrimony.com, the Indian

matchmaking website that had filed the case against Google was dissatisfied with the

outcome and had lodged its own appeal.

com, according to the lawyer, has appealed against both the size of the fine, which it says

is too small, and the CCI’s ruling that neither Google’s specialised search design or its

advertising service, AdWords, were breaking competition rules. Google did not comment

on that development.

A CCI official called the watchdog’s judgement robust and said it would defend its ruling

at the National Company Law Appellate Tribunal (NCLAT).

Google was found to be indulging in practices of search bias and by doing so, it causes

harm to its competitors as well as to users.

2) U.S., Russia clash at U.N. over chemical weapons attacks in Syria

Russia and the United States tangled at the United Nations over the use of chemical

weapons in Syria as Washington and its allies considered whether to strike at President

Bashar al-Assad’s forces over a suspected poison gas attack last weekend.

Moscow and Washington halted attempts by each other in the U.N. Security Council to

set up international investigations into chemical weapons attacks in Syria, which is in the

throes of a seven-year-old civil war.

U.S. President Donald Trump and Western allies are discussing possible military action

to punish Assad for a suspected poison gas attack on Saturday on a rebel-held town that

long had held out against government forces.

On the diplomatic front, the United Nations Security Council failed to approve three draft

resolutions on chemical weapons attacks in Syria. Russia vetoed a U.S. text, while two

Russian-drafted resolutions failed to get a minimum nine votes to pass.

Moscow opposes any Western strike on its close ally Assad and has vetoed Security

Council action on Syria 12 times since the conflict started.

U.S. Ambassador to the United Nations Nikki Haley told the Security Council that

adopting the U.S.-drafted resolution was the least that member nations could do.

3) Right to marry person of one’s choice is integral to right to life & liberty: SC on

Hadiya case “The right to marry a person of one’s choice is integral to Article 21 (right to life and liberty)

of the Constitution”, the Supreme Court said and set aside a 2017 order of the Kerala High

Court which annulled the marriage of Kerala Muslim convert girl Hadiya and Shefin Jahan.

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The court also allowed the NIA to continue its investigation in respect of any criminality with

the rider that it should not encroach upon their marital status.

“The choice of a partner whether within or outside marriage lies within the exclusive

domain of each individual. Intimacies of marriage lie within a core zone of privacy,

which is inviolable.

The absolute right of an individual to choose a life partner is not in the least affected by

matters of faith. The Constitution guarantees to each individual the right freely to

practise, profess and propagate religion.

Choices of faith and belief as indeed choices in matters of marriage lie within an area

where individual autonomy is supreme.

Neither the state nor the law can dictate a choice of partners or limit the free ability of

every person to decide on these matters. They form the essence of personal liberty under

the Constitution”, wrote Justice Chandrachud.

“Matters of belief and faith, including whether to believe are at the core of constitutional

liberty. The Constitution exists for believers as well as for agnostics.

Matters of dress and of food, of ideas and ideologies, of love and partnership are within

the central aspects of identity.

Society has no role to play in determining our choice of partners,” he added.

The HC, said Justice Chandrachud, had entered into prohibited terrain by venturing to decide

whether Shefin Jahan was a fit person for Hadiya to marry.

“Our choices are respected because they are ours. Social approval for intimate personal

decisions is not the basis for recognising them. Indeed, the Constitution protects personal

liberty from disapproving audiences”, his judgement underlined.

Justice Chandrachud added that strength of the Constitution lies in its acceptance of the

plurality and diversity of the country’s culture. “The cohesion and stability of our society

depend on our syncretic culture. The Constitution protects it. Courts are duty bound not

to swerve from the path of upholding our pluralism and diversity as a nation”, he added.

The CJI and Justice Khanwilkar in their judgement said the High Court had been

“erroneously guided by some kind of social phenomenon that was frescoed before it.”

“The social values and morals have their space but they are not above the constitutionally

guaranteed freedom”, the two judges said adding it is a constitutional and a human right.

“Deprivation of that freedom which is ingrained in choice on the plea of faith is

impermissible. Faith of a person is intrinsic to his/her meaningful existence. To have the

freedom of faith is essential to his/her autonomy; and it strengthens the core norms of the

Constitution. Choosing a faith is the substratum of individuality and sans it, the right of

choice becomes a shadow.”

The duty of the court is to uphold the right and not to abridge the sphere of the right unless

there is a valid authority of law. Sans lawful sanction, the centripodal value of liberty should

allow an individual to write his/her script. The individual signature is the insignia of the

concept,” it said.

Faulting the HC order as “wholly fallacious”, the bench said that it was for the law-

enforcing agency to take action if there was any criminality involved, and the HC could

not have justified her “detention” unless she was booked under some law.

4) Cauvery water dispute Pulling up the Centre for not sticking to the March 29 deadline for framing of a scheme to

implement the award for distribution of the Cauvery river waters, the Supreme Court directed

the government to come up with a draft scheme by May 3.

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A three-judge bench, headed by Chief Justice of India Dipak Misra, turned down the

Centre’s request for three more months to act on its February 16 verdict and directed it to

prove its bonafide by submitting the draft. It also asked Tamil Nadu and Karnataka to

ensure peace on the emotive issue.

Citing assembly elections in Karnataka, the Centre on March 30 had asked the Supreme

Court to extend by three months the deadline for implementation of the judgment, saying

there were fears that any announcement on Cauvery may vitiate the election process and

cause serious law and order problems.

The bench said the Cauvery Water Disputes Tribunal (CWDT) order has been merged with

the court’s decree. It also clarified the Centre’s doubts regarding the scheme. Senior advocate

Shekhar Naphade, who appeared for the Tamil Nadu government, said that a scheme

ultimately must provide for a board or an implementing authority. The CJI agreed to this.

Ministry of Water Resources told that the Centre is now free to frame the scheme which need

not exactly be what the tribunal (CWDT) has said. The tribunal is recommendatory in nature

and they have the flexibility to interpret the nature of the scheme.

In its application, the Centre sought clarification from the Supreme Court on its direction,

saying there were differences between some of the parties on the subject. It asked

whether the court was open to the Centre framing the scheme at variance with the

recommendations of the CWDT regarding the Cauvery Management Board (CMB).

The plea pointed out that the CMB, as recommended by the CWDT, was purely a

technical body, and wanted to know if the Centre could modify its composition and

include administrative and technical experts for effective conduct of the business of the

Board and considering overall sensitivity of the issues involved.

It also wanted the court to clarify whether the CMB to be constituted by the Centre can

have functions different from the ones recommended for Cauvery Management Board by

the CWDT.

Cauvery Panel

Context The union Water Resources Ministry has prepared a draft detailing the structure of the

Cauvery Management Board and is likely be circulated to other Ministries before being

put up for clearance

Concern of States The Board may have “extra members” to accommodate representations from States such

as Karnataka and Kerala, who have expressed concerns over the constitution of the

board

Cauvery Management Board The Cauvery Management Board, according to the 2007 order of the Cauvery Water

Disputes Tribunal, is to have three full-time and six part-time members, the latter

including one from each of the riparian States of Karnataka, Tamil Nadu, Kerala and the

Union Territory of Puducherry.

What will the board do? The Board will monitor the inflow of waters in the Cauvery basin and decide the quantum

of water to be released to the States and it will also have a Cauvery Water Regulation

Committee to implement the Board’s decision.

5) Dams in India did more harm than good, says UN Water report In news

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Sounding a warning that over five billion people across the globe may run into water

shortage, a United Nations report has pointed out that dams in India have done more harm

than good to the cause of water security.

Suggesting natural solutions to handle the water crisis, the UN World Water

Development Report, 2018, notes that large-scale water development projects have led to

major impacts like human displacement, and achieved only limited food security — one

of the main objectives of such projects.

The report lays emphasis on the importance of “nature-based solutions” to meet the crisis,

and calls for ancestral and indigenous solutions.

The World Commission on Dams country study on India concluded that a century or

more of large-scale water development had resulted in major social and ecological

impacts, including substantial human displacement, soil erosion and widespread

waterlogging while, contrary to stated objectives, achieving only limited food security

benefits.

With India being world’s largest extractor of ground water, followed by the US, China, Iran

and Pakistan — together accounting for 67 per cent of total abstractions worldwide, the

report stated that even the water-rich high flood-prone regions like Gangetic basins are facing

groundwater depletion.

Water withdrawals for irrigation purposes have been identified as the primary driver of

groundwater depletion worldwide, according to the report. About 800 cubic-km water is

extracted globally for irrigation.

Even though large-scale groundwater recharge programmes have been operating in India

for decades, the focus has been on water-scarce areas, with no real emphasis on flood risk

management. Highly flood-prone basins such as the Ganges are now showing clear signs

of groundwater depletion.

Warning conflicts over water, the report stresses that global food production by 2050 has

to double to feed an estimated nine billion population. Currently, almost 800 million

people are hungry across the world.

Currently, an estimated 3.6 billion people (nearly half the global population) live in areas

that are potentially water-scarce at least one month per year. This population could

increase to some 4.8 to 5.7 billion by 2050.

Pushing for watershed and water harvesting projects on a larger scale, the report

acknowledges India’s efforts to generate awareness among communities on “ancestral

survival systems”, which talk of ancient ways to ensure water security.

6) Indians averse to adopting children with special needs

The latest data shared by the apex body for adoption in the country — Child Adoption

Resource Authority (CARA) — reveals that domestic adoptions of children with special

needs has fallen with every passing year.

At the same time, foreigners adopting children with a physical deformity or an ailment

rose by 50% last year alone. For every Indian parent who adopts a differently-abled child

there are at least seven foreigners who adopt such children from India after they fail to

find a family in the country.

A total of 355 differently-abled children were adopted by foreign applicants in 2017-

2018, up from 237 in the preceding year. Only 46 such children were adopted by Indian

parents in the same year. It was 76 in 2015-2016 and 49 in 2016-2017.

Those who do adopt such children actually would have opted for a healthy child but

because of the long waiting period involved, they switch to a differently-abled child. As

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per law, efforts have to be made to place a child within India first, and only when a child

is not accepted by Indian applicants is he or she referred to foreigners. As a result,

overseas applicants are mostly referred differently-abled children.

Activists and parents attribute the huge gap to differences in cultural attitudes towards

disabilities. We often see how parents of healthy children have huge expectations of

them. So, naturally, there is social stigma attached with disabilities in our country.

Activists say that while better social security abroad helps families adopt a child with

disabilities, there is also a need to look within.

In India, there are issues related to schooling, access to public spaces, and employment

opportunities. While all these factors do contribute to parents in India not opting for

differently-abled children, the primary reason is the attitude towards them.

7) ‘Nepal First’ policy Nepal’s act of “stand up” against India means Nepal’s engagement with China where in

the past Oli headed to Beijing, soon after his visit to Delhi

In this context standing up against India has unfortunately become an important part of

Nepal’s definition of sovereignty

Oli and his Policies During the 2017 campaign, he often targeted India, and by extension, the Madhesis who

claimed support from India

Historical Imperialism Delhi inherited from the Raj, the sense of paramountcy over the Subcontinent.

The idea of protectorates worked well for both the Raj and the feudal regimes and tribal

federations along the Subcontinent’s periphery.

The Raj offered economic subsidies and assured non-interference in the internal affairs of

these regimes.

In return, the feudal and tribal chieftains agreed to assist the Raj in fending off the forays

of rival powers into the Subcontinent.

Power shift in the Indian Subcontinent This mutually beneficial arrangement was unsustainable for independent India and the

notion of an exclusive sphere of influence for India in the Subcontinent was the casualty.

The Raj was more than dominant in the Subcontinent and had the power to prevent rival

powers from encroaching the glacis surrounding fortress India.

The partition of the Subcontinent, the US-Soviet Cold War and the emergence of a

unified and strong China under communists introduced extraordinary constraints on

Indian policy.

What should Delhi do to avoid backlash and win trust of Nepal? First, is to acknowledge Nepal’s sovereignty and promise to conduct relations on that

basis.

o Delhi needs to shift from underlining “the special relationship” with Nepal to one

based on “sovereign equality”.

o That would inevitably mean that India should stop meddling in Nepal’s internal

affairs and focus more on the state-to-state relationship.

Second, instead of demanding an “India first policy” Delhi must affirm India’s strong

support for a “Nepal first” policy.

o Situated between the world’s two fastest growing economies, Nepal has every reason

to benefit from its location.

Third Delhi’s economic policies have prevented the full development of the natural

economic complementarity between the two countries.

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o The rotting trade infrastructure on the long and open border, Delhi’s cumbersome

procedures for administering economic assistance and the inability to implement

infrastructure projects in reasonable time, have all added to India’s woes in Nepal.

Way forward So the two sides must focus on the already committed projects and the ones that promise

early returns to the people on both sides of the border is a good one.

An emphasis on projects relating to cross-border trade, transport and tourism could be the

beginning of a solid economic foundation for a sustainable political partnership with

sovereign Nepal.

At the same time Oli must be given a chance and it is important to wait and watch how

Oli engages with both India and China; that if he wants to indeed develop Nepal and

leave a legacy, he cannot antagonise India; and that India does not have much of a choice

either – Prachanda is unreliable, the NC is weak, and Madhesi parties are geographically

limited to eight districts and backing them publicly invites the wrath of Kathmandu’s

political elites and pushes it towards China further.

8) Bill to beef up NHRC gets nod

Why in news?

The Union Cabinet approved amendments to the human rights protection Bill that is

aimed at strengthening human rights institutions in the country, such as the National

Human Rights Commission and the state human rights commissions.

The Protection of Human Rights (Amendments) Bill, 2018, was cleared in a Cabinet

meeting chaired by Prime Minister Narendra Modi. A statement from the government

said that the Bill had been given approval for better protection and promotion of human

rights in the country.

What are the changes proposed?

The Bill proposes enlarging the scope of eligibility and scope of selection of the

chairperson of the National Human Rights Commission as well as the state human rights

commissions.

These amendments would strengthen the human rights institutions for effective discharge

of their mandates, roles and responsibilities.

It also proposes incorporating a mechanism to look into cases of human rights violation

in Union Territories, to amend the term of office of the chairperson and members of the

NHRC and SHRCs to bring them in consonance with the terms of the chairpersons and

members of other commissions.

The salient features of the proposed amendments include making the National

Commission for Protection of Child Rights a deemed member of the NHRC, and adding a

woman member in the composition of the commission.

The statement said that the amended Act would be in line with agreed global standards

and benchmarks towards ensuring rights relating to life, liberty, equality and dignity of

the individual in the country.

The amendment to the Protection of Human Rights Act, 1993 will make the NHRC and

state human rights commissions more compliant with the Paris Principle concerning their

autonomy.

9) SC/ST Act: SC ruling to have bad effect on reporting crimes against Dalits

A crime is committed against a Dalit every 15 minutes. Six Dalit women are raped every

day. Over the last ten years (2007-2017), there has been a 66% growth in crimes against

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Further, data from the National Crime Records Bureau (NCRB) on which the Supreme

Court’s March 20 judgment is based itself shows that rapes of Dalit women have doubled

in the last ten years.

NCRB data also says that charge sheets were filed in as many 78% cases, which means

the argument that false cases are being filed out of ‘vengeance’ is flawed.

Though shocking, these figures are only the tip of the iceberg of the actual number of

incidents since most Dalits generally do not muster enough courage to register cases for

fear of retaliation by the higher castes.

Even on relatively rare occasions in which a case reaches court, the most likely outcome

is acquittal due to caste biases at every stage of investigation and trial. Due to these

biases, Dalits, the poor and the minorities are over-represented on the list of death rows.

This may require check on false implication of innocent citizens on caste lines.”What

non-Dalits or upper castes should do to promote fraternity is not clear from the judgment.

Rather, it casts aspersions on Dalit victims saying that they file fake cases either out of

vengeance or due to the greed of monetary compensation. This is contrary to Section 15

of the PoA which specifically mandates that a victim is to be treated with “fairness,

respect and dignity”.

The court without mincing words, said that “PoA should not result in perpetuating spread

of casteism which adversely impacts societal integration and constitutional values.”

The court did not appreciate that the PoA Act had to be enacted in response to caste

hatred, which is the single-most important factor behind divisions in our society.We have

low conviction rates in terror crimes as well.

False terror prosecutions, too, have destroyed hundreds of innocent lives but will we

similarly dilute stringent provisions of those laws as well? The decline in the conviction

rate for crimes against Dalits has created an impression that this may be driven by filing

of false cases.

But data from NCRB does not seem to support this contention. In fact, the share of false

cases under the PoA Act has declined over time (2009-2015). The conviction rate, too,

has improved from 23.8% in 2013 to 28.8% in 2014.

In any case, comparing the conviction rate of hate crimes under PoA with that of ordinary

crimes is neither rational nor reasonable.

10) Federalism and fairness

Unless the concerns of States are addressed, the fault lines in the Indian federation

could deepen

Context:

Federalism is by and by the focal point of political talk in India. Karnataka Chief Minister

Siddaramaiah set the feline among the pigeons when he featured Kannada pride by

uncovering an official state hail a month ago. At that point in a Facebook post on “Local

Identity and Federalism”, he upheld the requirement for States to have both monetary and

social independence.

Since moving out of the National Democratic Alliance, Andhra Pradesh Chief Minister

Chandrababu Naidu has likewise been vocal in condemning the Central government for

exhausting the southern States to spend on the northern States.

And likewise in March, the Dravida Munnetra Kazhagam’s working president M.K.

Stalin wrote to Prime Minister Narendra Modi and the Chief Ministers of 10 non-

Bharatiya Janata Party-ruled States communicating worry over the terms of reference for

the fifteenth Finance Commission. The Center’s bearing to utilize the 2011 Census rather

than the 1971 Census for populace information has provoked the south. As the populace

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in these States has balanced out, the worry is that their offer of duty designation would

diminish.

While “federalism” has turned into the catch-all term for these worries, there are

essentially three unmistakable yet between related strands to the civil argument — an

established claim for self-rule; an interest for more pleasant circulation of duties; and an

affirmation of etymological and social rights.

A viable federation

Over the most recent few decades there has been a move in political and monetary power

from the Center to the States. While some have felt that this pattern would invert after the

development of a Central government with a straightforward lion’s share without

precedent for a long time, Prime Minister Narendra Modi has tried to mollify such

worries by conjuring the possibility of “cooperative federalism”.

The fourteenth Finance Commission, in 2015, suggested raising the offer of States in the

detachable pool of Central duties from 32% to 42%. In any case, past this measure, the

Center has not roused much certainty in regards to its sense of duty regarding federalism.

The Commission has been utilizing the 1971 Census for populace information to

guarantee that States that have been fruitful in family arranging are not punished. This

came in the wake of the 42nd Amendment to the Constitution which solidified the

dissemination of Lok Sabha seats among States for a long time, which was stretched out

for an additional 25 years, in 2001. This judicious political bargain is presently being

tried.

Federalism is at last in light of trust between its different constituent units. In the event

that an arrangement of States see that their advance is being punished, the suitability of

such an organization comes into question. While the southern States add to the country

financially, they don’t possess a focal space politically and are additionally

underestimated socially. At last, unless the worries in regards to reasonableness are

tended to from established, budgetary and social fronts, the blame lines creating in our

alliance could extend further.

11) Seychelles says no to India’s proposal for naval base India’s plans to get a foothold in the Indian Ocean islands of Seychelles received a

setback after its President Danny Faure told Parliament that he will not take up the

Assomption island project deal with India for ratification.

This announcement came after Wavell John Charles Ramkalawan, the leader of the

Opposition of Seychelles, said that he would oppose the deal.

Significantly, the leader of the Opposition was hosted here in January as India tried to get

him on board for the key project, which was rejected by the Indian Ocean country earlier

this week.

Outreach failed

The outreach evidently did not succeed as Mr. Ramkalawan remained a staunch opponent

of the maritime project of India in the Assomption island, which oversees the main

energy route between the major Asian economies and the Gulf region.

Ramkalawan declared that the Assomption island project, which was expected to host a

naval facility, would not take off.

“The agreement covers within its purview our shared efforts in anti-piracy operations,

and enhanced EEZ surveillance to prevent intrusions by potential economic offenders

including those indulging in illegal fishing, poaching, drug and human trafficking,” Mr.

Singh had told Lok Sabha on March 21.

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12) Should gambling be legalized? Gambling and betting is a State subject, the primary law on which States have framed

their gambling legislation is an archaic, British-era law called the Public Gambling Act,

1867.

According to Bombay Prevention of Gambling Act, 1887

Gambling as defined in the Act includes gaming and betting.

Generally, gambling is referred to as card games where high stakes are involved and

betting is referred to as casino games and putting a bet on an event such as a match.

From the various provisions of the Central and State Act, one can infer that while

gambling is prohibited in public or public gaming houses, there is no prohibition on

such activities in a private house.

Law Commission

The panel is of the opinion that lawful but strict regulation of gambling and betting would

help curb illegal practices that generate black money. It would also shore up revenues of

the government and generate employment.

The commission suggested gambling be categorized as “proper gambling” and “small

gambling”. The former would involve high stakes and be feasible only for the rich.

Poorer groups would be permitted “small gambling”

Games of Skill outside the Purview of Gambling

The Gambling Legislations provide that the restrictions would not apply to games of

“mere skill”.

o ‘Games of skill’ refers to games which involve the use of a person’s skill. For

example, the uses of mental acumen or physical skill in games like chess and

billiards.

o ‘Games of chance’, on the other hand, refers to games where winning is purely a

matter of chance, or luck, such as the card game of ‘Teen Patti’.

In the case of State of Andhra Pradesh v. K. Satyanarayana & Ors. 11

(“Satyanarayana Judgment”), the SC specifically tested the game of rummy on the

principle of skill versus chance and held that Rummy was not a game entirely based on

chance like the ‘three-card’ game (i.e. ‘flush’, ‘brag’ etc.) which were games of pure

chance. It was held that Rummy was a game involving a preponderance of skill rather

than chance.

In Dr. K.R. Lakshmanan v. State of Tamil Nadu, it was held that horse racing was a

game of skill, and playing it for money will not be illegal.

But if an objection is expressed by a state, online gaming will have to be stopped. For

example, the Supreme Court recently upheld a ban by the Kerala Government on online

lotteries conducted from Sikkim.

Why legalize gambling?

First, gambling is already happening in a massive way. Law enforcement authorities are

not able to stop it.

o Gambling and betting is mostly done surreptitiously, and is said to be controlled by

underworld syndicates who use the unaccounted money earned from gambling

activities for nefarious activities like terror financing. Legalising the activity will not

only help curtail an important source of black money that is used by criminal

syndicates

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o It will also bring massive revenue to the state exchequer, which can be used for

various constructive social schemes.

A 2010 KPMG report suggesting that it could be $60 billion, while other, more

recent, studies peg the value at a higher number. Even a conservative estimate

suggests that the government could earn tens of thousands of crores as tax

revenue by legalising sports betting.

A legal and regulated gambling sector will also help in creating large-scale employment

opportunities.

o the regulated gambling industry in the U.S. employs over 2.5 lakh people

o While over 1 lakh individuals are employed in this sector in the U.K.

Naysayers say that gambling is not morally correct in the Indian context. They suggest

that it is responsible for addiction, loss of livelihoods and bankruptcy.

o There are numerous instances of people losing their livelihoods and committing

suicide due to unchecked gambling even today

It should not be legalized?

A majority of people still live on a meagre meal or two after toiling hard.

o They cannot afford to send their children to school or take care of their basic health

needs.

o With Laws against betting there is a psychological edge which prevents them from

gambling but with laws removed they will have free hand to betting. So the laws here

are preventing them from losing their hard earned money.

Companies will start host betting apps, tempting poor people to try their luck.

What is the guarantee that legalizing betting will generate revenue as projected?

13) Honour killing guillotines liberty: SC

Coming down heavily on crimes committed in the name of honour, the Supreme Court on

Tuesday upheld the choice of consenting adults to love and marry as a part of their

fundamental rights.

The apex court said, “Honour killing guillotines individual liberty, freedom of choice and

one’s own perception of choice.”

It issued a set of guidelines for authorities to safeguard young couples under threat for

marrying outside their caste or religion. It ridiculed the “elevated sense of honour” of

elders, the collective and khap panchayats who rain horror on couples for choosing to

marry outside their caste, clan or religion.

It termed the elders, presiding over murder in broad daylight, as “patriarchal monarchs”

who believe they are the descendants of Caesar or Louis XIV.

The court held that the consent of the family, community or clan is not necessary.

In a strongly worded condemnation of khap panchayats, which gang up against young

couples to force their presence and dictate punishments, Chief Justice Misra said khaps

feel their duty is sanctified and their action of punishing the hapless victims is inviolable.

Women are treated by the khaps as servile persons who have no desire for autonomy.

Their families are either silent spectators or active participants in their torture. Masculine

dominance becomes the sole governing factor of perceptive honour.

These “feudalistic” entities have no compunction in committing crimes. The police turn a

blind eye and the administration hardly questions them.

14) SC to examine polygamy in Muslim marriage

Seven months after it declared instant triple talaq unconstitutional, the Supreme Court on

Monday decided to look into the constitutional validity of the prevalent practices of

polygamy, ‘nikah halala’, ‘nikah mutah’ and ‘nikah misyar’ in the Muslim community.

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A Bench, headed by Chief Justice Dipak Misra, issued notices to the Centre and the Law

Ministry on a bunch of petitions that have challenged the practices claiming they degrade

women to a position inferior to that of men.

The Bench, also comprising Justices A.M. Khanwilkar and D.Y. Chandrachud, agreed to

set up a five-judge Constitution Bench that will decide whether certain sections of the

Muslim Personal Law (Shariat) Application Act go against the Constitution.

In its landmark verdict of August last, which had struck down instant triple talaq, the

court had kept open the issue of polygamy, ‘nikah halala’, ‘nikah mutah’ and ‘nikah

misyar.’

The petition said the Muslim Personal Law allows a man to marry up to four wives,

which it said “treats women as men’s chattel, and reduces their status to an object of

desire to be possessed by men.”

Contending that the practice “offends the core ideal of equality of status,” the petition

filed by Hyderabad-based social activist Moullim Mohsin Bin Hussain Bin Abdad Al

Kathiri sought to quash polygamy. Another plea was made by a Delhi woman against the

Muslim Personal Law.

It has contended that the prevalent Muslim Personal Law rendered Section 494 of IPC

(which prescribes punishment for marrying again during lifetime of husband or wife) as

inapplicable. Her plea also claimed that the Muslim wife does not have avenue to

complain against her husband for the offence of bigamy.

15) Supreme Court asks Centre to consider BS-VI fuel in 13 metros from April 2019

The Supreme Court today asked the Centre to look into the possibility of rolling out the

BS-VI fuel in 13 metro cities by April 2019, besides introducing it in the national capital

from the beginning of the next month.

The Centre had earlier informed the top court it had advanced by two years the deadline

for supply of the Euro-VI petrol and diesel and would start it in Delhi from April 1,

considering the “serious pollution levels” in the national capital and adjoining areas.

A bench of Justices M B Lokur and Deepak Gupta also directed the Centre to look in to

the aspect of differential pricing of diesel for heavy vehicles and small and mid-segment

passenger vehicles.

The counsel appearing for the Centre said that increasing the price of diesel would impact

the movement of heavy vehicles which in turn result in increasing the price of vegetables

and other essential items.

The bench said that differential pricing can be introduced in a way which ensures that

price of diesel does not act as a stimulus for the purchase of commercial and passenger

vehicles and also does not impact the running of heavy vehicles.

On February 21, the Centre had informed the apex court that it will introduce Euro-VI

fuel in Delhi by April 1.

The top court had earlier directed the Centre to clear its stand on the availability of Bharat

Stage (BS)-VI emission standard compliant fuel in Delhi.

BS-VI emission standard was scheduled to come into force from April 1, 2020, across the

country.

“In view of the confirmation given by the oil marketing companies (OMCs) and taking

into account the serious pollution levels in Delhi and adjoining areas and as per the

decision taken by the ministry in consultation with OMCs, it is respectfully submitted

that BS-VI auto fuels will be supplied in all the retail outlets of NCT of Delhi from April

1, 2018,” the Centre’s affidavit had said.

It had said that “after considering the environmental benefits of early introduction of BS-

VI fuels, it was decided to advance the supply of BS-VI in NCT of Delhi from April 1

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itself and necessary directions were issued to the OMCs vide a letter dated November 15,

2017.

“In response to the above, all the OMCs having retail outlets in NCT of Delhi, i.e.,

Indian Oil Corporation Ltd, Bharat Petroleum Corporation Ltd, Hindustan Petroleum

Corporation Ltd, Reliance Industries Ltd and Essar Oil Ltd have confirmed that BS-VI

auto fuels will be supplied in their retail outlets in NCT of Delhi with effect from April

1,” it had said.

It had observed that the health of the people was “far, far more important than the

commercial interests” of the manufacturers.

16) Draft Defence Production Policy, 2018

With the aim of creating up to 30 lakh jobs and a total turnover Rs. 1.7 lakh crore in

defence goods, the Union government has called for public responses to its draft Defence

Production Policy, 2018.

The draft, made public on the Defence Ministry website a few days ago, has suggested

further liberalisation of Foreign Direct Investment (FDI), by permitting up to 74% FDI

under the automatic route. At present, up to 49% FDI is allowed through the automatic

route, though no significant investment has come into the sector.

The draft policy says the government’s aim is to achieve a turnover of Rs. 1,70,000 crore

(approximately $26 billion) in defence goods and services by 2025, involving additional

investment of nearly Rs. 70,000 crore (about $10 billion) creating employment for nearly

2-3 million people.

It also hopes to achieve exports of Rs. 35,000 crore in defence goods and services by

2025 and make India a global leader in cyberspace and AI (Artificial Intelligence)

technologies.

Finance Minister Arun Jaitley announced in his Budget for 2018-19 that the government

would bring out an industry-friendly Defence Production Policy, 2018 to promote

domestic production by the public and private sectors and the MSMEs (micro, small and

medium enterprises). The Defence Ministry will receive public inputs until March-end.

The policy says the vision is to make India among the top five countries of the world in

the aerospace and defence industries, with the active participation of the public and

private sectors, fulfilling the objective of self-reliance as well as the demand of other

friendly countries.

Make in India

The policy aims to create an environment that “encourages a dynamic, robust and

competitive defence industry as an important part of the ‘Make in India’ initiative”.

The policy also hopes to “reduce current dependence on imports and to achieve self-

reliance in development and manufacture” of several weapon systems/platforms, among

them fighter aircraft, medium lift and utility helicopters, warships, land combat vehicles,

autonomous weapon systems, missile systems and gun systems.

17) Meeting India’s electricity needs

One often comes across news about variable renewable energy sources like solar

photovoltaic and wind having reached ‘grid parity’

So what is the concept of grid parity?

Electricity grid is a very complex system that involves long-distance transmission of

electricity at high voltage, step-up and step-down transformers, and a distribution

network at load centres. Infact this complex system connects various electricity

generators and consumers to it.

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Solar and wind energy sources

Appropriate ways to deploy solar and wind can be decided by recognising their three

characteristics

1. Zero fuelling cost,

2. Low capacity factors and

3. Intermittency

Solar and wind are eminently suitable for isolated deployment such as for powering

irrigation pumps

An irrigation pump directly connected to a solar panel can be useful for a farmer as he

doesn’t have to depend on the grid. In this application, intermittency of solar is of no

consequence

Scope for Micro-grid and the present scenario in India

In India, there are still communities that have no access to the central electricity grid, or

the supply from the central grid is unreliable

A microgrid getting electricity supply from solar and wind, and connected to consumers

in an isolated remote community, is helpful in providing electricity for lighting, in

charging mobile phones, and small livelihood applications

A storage battery is an integral part of such an isolated microgrid and this increases the

cost of electricity

Experience from such installations indicates that consumers are willing to pay for it in

return for reliable electric supply

Consumers connected to a community managed microgrid can meet their minimum needs

Until the reliability of the central grid can be assured, solar- and wind-powered microgrid

is the way forward for rural and remote communities

Hopefully, ongoing research in battery technologies will bring down the cost of

electricity storage and improve safety of storage, thereby paving the way for a large

deployment of solar and wind

One can expect the International Solar Alliance to direct technology development

towards the needs of all developing countries

But solar and wind cannot meet even a quarter of India’s projected electricity

requirements

A major share has to come from large hydro, nuclear and coal. Out of these three

technologies, one has to prefer low-carbon technologies that is hydro and nuclear

Along with investment in solar and wind, the government must plan for increased

investment in both hydro and nuclear

18) No law to stop a convicted person from forming party: Govt to Supreme Court

There was no law currently to stop a convicted person from forming a political party, the

Centre has told the Supreme Court as it sought dismissal of a plea seeking lifetime ban on

convicted politicians from contesting elections and forming political parties or holding

political posts.

In its affidavit filed in response to the plea, the Ministry of Law and Justice said the

demands raised by the petitioner would require amendments to the law. “… the prayers

sought by the petitioner require amendment to the existing law… a mandamus asking the

government to make a law or introduce amendments to an existing law is not

maintainable and as hence this prayer is for a relief that cannot be granted by the courts,”

it said.

The PIL was filed by Delhi BJP leader and advocate Ashwini Kumar Upadhyay, who

contended that though law debarred convicted politicians from contesting elections, they

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were free to run a political party, hold party posts and decide who could contest polls to

become MPs/MLAs.

The government in its affidavit said “having regard to the existing provisions of law

relating to ‘registration of (a) political party’, there does not appear any connectivity and

nexus between the situations debarring the persons disqualified under 1951 Act and/or

convicted under criminal law from contesting an election to Parliament and/or State

Legislature vis-à-vis debarring such persons from forming or becoming a member of any

political party nor does the petition make out such a case”.

Hearing the matter on February 12, the court had raised serious questions over politicians

convicted of crime and corruption heading political parties and selecting candidates for

Parliamentary and assembly polls and said that it was against the spirit of democracy “If a

convicted person cannot contest an election, how can he head of a political party and

select candidates to contest elections?” the court had asked.