ENGLISH SHORTHAND DICTATION - 424

 

Hon. Chairman, Sir, I rise today with a heart full of hope and a vision for a stronger and more prosperous India. I rise to speak in support of a landmark piece of legislation, the Mines and Minerals (Development and Regulation) Amendment Bill, 2025. This is a solemn promise and pledge to the people of our nation. It is a promise to unlock the immense treasures that lie buried in the heart of our motherland, and to ensure that this wealth becomes a tool for the empowerment of every single Indian. Beneath our feet is a repository of our past¹⁰⁰ glory and the seed of our future prosperity. But for decades, the path to this prosperity has been riddled with¹²⁰ obstacles. Our mining sector has been held hostage to obsolete laws and regulatory constraints which have restricted ease of doing business. The past Governments had been unfair and we need to look into the annals of history as they did not do justice to our resources.

The Mines and Minerals (Regulation and Development) Bill was first introduced on 21st December, 1957. The Government of the day treated the private sector with suspicion. Major minerals such as coal, lignite, minerals, oils,²⁰⁰ and iron ore under this Bill were not allowed for private sector. The Mines and Minerals (Development and Regulation) Act, 1957, was further amended in 1972, and it was amended again in 1986. But the severe regulatory regime introduced by²⁴⁰ the Act in 1957 and the statutory amendments of 1972 and 1986 continued till the early 90s. The amendments in the Bill seemed to perpetuate the control of the Government. Today, the Modi Government’s dream is different. He wants to give out control of that. He is not the one who wants to control everything. He is working towards strengthening³⁰⁰ India, unleashing the potential of India's mines and resources. The Bill is a beacon of transparency, a catalyst for growth and a testament to our commitment to Antyodaya.

The Bill will empower India in three fundamental ways. First, it addresses the urgent need for critical minerals and secures their supply chains. From lithium to cobalt and other rare earth elements,³⁶⁰ these minerals drive India's economic growth story. They are indispensable to a clean future through their usage in EVs and renewable energy. It would not be far from the truth to say that these minerals will drive India’s growth. The⁴⁰⁰ Bill empowers the Central Government to exclusively auction these mineral blocks, ensuring standardisation and reducing the time taken in the process, which was a big problem in the past. By fast-tracking the auction process, it will reduce our imports and enhance our strategic autonomy. Secondly, the technological and engineering prowess of Indian talent will not be limited to our national boundaries. The amendment widens the scope of the NMET by allowing to fund exploration activities abroad as well. In the⁴⁸⁰ face of challenges to the global supply chains, this prudent decision of the Modi Government will secure access to resources.⁵⁰⁰ Earlier, our private sector used to hesitate about mineral exploration due to the high-risk nature of the enterprise. However, by introducing this, the Government has come forward with a clear message to the corporations. We stand with you. We want to take India forward. We want to make India successful. The licence provides an incentive, a share in the auction value of a mining lease, if a private explorer proves a resource. The Bill enshrines the principle of sustainable and inclusive development. We are not just focused on what we extract from the earth, but also on what we must⁶⁰⁰ give back to the people and the environment. The new provisions of the DMF are a revolutionary step. This is not charity; this is the right of everyone.

Sir, my State Odisha is a land of Gods. It is the land of Lord Jagannath. It is also blessed with abundance of nature's treasure, which sadly was never used. For the people of Odisha, who still live amidst some of the richest iron ore and bauxite deposits, this Bill brings a promise of better life. The revenue generated from the transparent auction of these mines will transform the face of these⁷⁰⁰ districts. The DMF fund will bring a torrent of development. Think of the tribal communities of Kalahandi and how they⁷²⁰ will develop. The Bill is an emotional contract with the people of Odisha.

Hon. Chairman Sir, I rise to speak on the Mines and Minerals (Development and Regulation) Amendment Bill, 2025. In the last 10 years under the NDA Government, under the leadership of Shri Narendra Modi, India's mining sector has seen strong and sustained growth. Since 2015, 385 mineral blocks have been auctioned with 50 mines already in production. Iron ore production more than doubled from 129 million tonnes⁸⁰⁰ in 2015 to a record 289 million tonnes in 2025. Limestone production rose significantly from 295 million tonnes to 406 million tonnes in the same period. The sector's gross value addition increased from Rs.2.9 lakh crore to Rs.33.18 lakh crore⁸⁴⁰ between 2015 and 2023. This Bill builds on that progress by improving transparency, accelerating approvals, and empowering States. These are all essential steps towards India's mineral security and continued economic growth. I wish to highlight some of the most commendable provisions of the Bill. Clause 2, which defines and facilitates a regulated mineral exchange, is a game-changer. This will bring⁹⁰⁰ transparency and fair price discovery aligning us with global benchmarks like the London Metal Exchange. It eliminates the opaque practices of the past, boosts investor confidence, and ensures that the public gets its due share of the mineral wealth. Clause 3 allows for a one-time adjacent area extension for deep-seated mineral leases. This is a pragmatic approach that will significantly⁹⁶⁰ accelerate the exploration and production of critical minerals like lithium, cobalt, and rare earths, which are vital for our energy transition. Clause 6, which removes the need for prior approval of the Central Government for certain licences, is a powerful¹⁰⁰⁰ example of cooperative federalism. By empowering States, this provision streamlines the licensing process, reduces red-tapism and enables faster operationalisation of mines. This is a win for both State revenues and the national goal of mineral independence.

I come from the State of Andhra Pradesh. While the Central Government has been driving progressive reforms, unfortunately, our State's mining sector has faced severe setbacks in the last five years. The previous administration's so-called 'free-sand' policy was disastrous. It resulted in environmental destruction,¹⁰⁸⁰ including riverbed degradation, and led to an estimated loss of about Rs. 7,000 crore. But today, under the dynamic leadership¹¹⁰⁰ of our Chief Minister, things are finally turning around. We are bringing transparency back. Our new Mines and Minerals Policy, 2025, will resolve nearly 1,900 pending cases through a one-time settlement scheme. In Andhra Pradesh and other States, royalty on limestone is levied based on mined quantities, but proximity of limestone mines to cement plants makes accurate estimation difficult, leading to revenue losses.  To address this, royalty can be charged on a pro rata basis on cement production, calculated from the limestone required to manufacture it. This method will ensure that the State gets its rightful revenue without relying solely¹²⁰⁰ on direct mine output measurements.

ENGLISH SHORTHAND DICTATION-423

Hon. Chairman Sir, I thank you for allowing me to speak on the Coastal Shipping Bill. I come from the State of Tamil Nadu. I would like to tell you that Tamil kings ruled the world even before 1000 years. They ruled an extensive area including ports by operating ships to countries like Vietnam, Cambodia and China. Tamils were known for management of ports. They excelled in this field. There were more than 20 ports which were operating in Tamil Nadu successfully. Trade activities were successfully taking place through these ports. Today, only two or three ports are fully functional¹⁰⁰ in Tamil Nadu. Rest of the ports are lying unused. This Government has closed the natural ports and it is¹²⁰ opening the artificially created ports. This Government has allocated Rs.5000 crore to Gujarat. You are also developing a port near Maharashtra after allocating sufficient funds. But the ports of Tamil Nadu remain closed. We have a doubt whether our hon. Minister is a Minister for our country or only for the State of Gujarat.

The coastal area of Tamil Nadu should be developed, as ports were operating from these coastal places during olden days. These ports should be developed in²⁰⁰ such a way that it would result in better trade and cultural ties with several other countries of the world. But privatization of all these ports by this Government is a matter of concern. Every port is being given to²⁴⁰ Adani. This should be stopped. Our seas should be protected. We should protect the lives of fishermen who thereby protect the seas. Tamil Nadu fishermen are time and again arrested by the Sri Lankan Navy which confiscates their boats. We have been raising this issue in this House. We have met the hon. Minister of External Affairs and requested him³⁰⁰ to resolve this issue. Our hon. Chief Minister of Tamil Nadu has been raising this issue with the Minister of External Affairs and the Prime Minister. But the issue of arrest of Indian fishermen is not yet resolved. Their boats are confiscated. The Sri Lankan Government takes these boats of Indian fishermen and puts them to auction. No relief is³⁶⁰ given to the affected Indian fishermen. For each boat seized by the Sri Lankan Government, our Tamil Nadu Government has provided Rs. 6 lakh as assistance to the affected fishermen. Now this relief amount has been increased to Rs.8 lakh.⁴⁰⁰ But the Union Government does not pay even a single rupee. This Union Government does not stop our Indian fishermen from being arrested by the Sri Lankan Navy. The Sri Lankan Government levies lakhs and crores of rupees as fine for releasing the fishermen and their boats. The fine is increased by them now and then. I would like to ask why this Government is unable to control the Sri Lankan Government in such matters. When there was an economic⁴⁸⁰ crisis in Sri Lanka, the Indian Government helped Sri Lanka in a big way on humanitarian grounds. We welcome all⁵⁰⁰ these measures. At the same time, is it not the duty of our Government to ensure safe fishing rights for our fishermen?

This Government should take adequate steps for safety of our fishermen engaged in fishing in the Lakshadweep area. Their arrest should also be prevented by this Union Government. We have been urging upon this issue for so long. Fishermen protect our seas. Management of ports and schemes thereon can be implemented only through the cooperation of fishermen. Only with their help, you can streamline the transportation across seas. We should protect our fishermen in order to protect our⁶⁰⁰ seas. When Gujarat fishermen are arrested by the Pakistan Navy, this Union Government promptly swings into action immediately. When our Tamil fishermen are arrested by the Sri Lankan Navy, you do not act swiftly.  I urge that urgent and immediate action is warranted. Security of Tamil fishermen should be ensured. There should be talks between the representatives of fishermen communities of both the countries and a permanent solution should be arrived. In many countries, the fishermen of neighbouring countries engage in fishing peacefully. But the issue between Indian and Sri Lankan fishermen is still not resolved. I urge upon the⁷⁰⁰ Union Government to focus on this issue and find a permanent solution.

Hon. Chairman, Sir, I rise to speak on⁷²⁰ this significant Coastal Shipping Bill which, this Government claims, will promote coastal trade and increase domestic participation. Despite being a country with about 7,500 kilometres of coastline, 14,500 kilometres of inland waterways and being located near major international shipping lanes, we have not utilized our waterways to our full potential. Maritime transportation, particularly coastal shipping, is widely recognized as a more cost-effective alternative to other modes of transport. So, when this Bill was introduced, we hoped that this Bill would⁸⁰⁰ facilitate coastal shipping and promote employment opportunities for our people, but this Bill has not only failed to address the crucial issues, it has also made it worse.

As per Section 345, the Director General has been given considerable discretionary⁸⁴⁰ powers in assessing applications and imposing additional conditions. While flexibility is necessary, excessive discretion without clear guidelines could lead to inconsistent or biased decision-making. The Director General is given broad discretionary powers to suspend, revoke or modify licences. While such powers are necessary for regulation, there are concerns about the lack of checks and balances. If misused, this could lead⁹⁰⁰ to arbitrary action without sufficient oversight. The criteria for suspension, revocation or modification of licenses are broad, including violations of any conditions of licences or failure to comply with any applicable law. This could be seen as overly vague, leading to uncertainty and potential misuse. This section does not clearly mention about any appealing process or mechanism for challenging the⁹⁶⁰ suspension, revocation or modification or a license. This could leave licensees without an effective way to contest decisions which are unfair or unjustified. The term ‘reasonable opportunity to be heard’ could be interpreted differently, leading to arbitrary application of the¹⁰⁰⁰ law. A more different process could ensure fairness and clarity without giving undue power to the Director General of

Shipping.

As per Section 8 of this Bill, the Union Government must publish a National Coastal and Inland Shipping Strategic Plan within two years of commencement of the Act and update it every two years. The plan will include assessment of coastal shipping routes, operational improvements, long-term traffic forecasts, best practices, new routes, promotion of Indian vessels, and other necessary matters.¹⁰⁸⁰ A Committee will be formed to draft the plan, including members from various relevant agencies, such as the Director-General of¹¹⁰⁰ Shipping, Inland Waterways Authority, major ports, State maritime boards, ship owners, and maritime experts. The problem with this section is that the Strategic Plan is mandated to be drafted and updated every two years, but who is responsible for its execution? There is no mention of performance monitoring to ensure that improvements are implemented. The Committee is only responsible for drafting, not ensuring implementation. The Committee consists mostly of Government representatives and some industry players. Key stakeholders like cargo owners, logistics, and coastal community are missing.¹¹⁸⁶ 

ENGLISH SHORTHAND DICTATION-422

 

The concept of “One Nation, One Election” has recently gained traction in India, with the government and political leaders alike debating the merits, demerits and challenges of holding national and state elections together. The concept of ‘One Nation, One Election’ advocates for conducting Lok Sabha elections and state assemblies’ elections together, thereby creating a unified election cycle. The idea, first floated in India during the early years of independence, has evolved over a period of time into a topic of serious political debate. Proponents of this concept argue that ‘One Nation, One Election’ could lead to cost-saving, greater administrative efficiency,¹⁰⁰ and political stability, while critics warn that it could destroy the federal structure of the country, marginalize regional parties, and¹²⁰ reduce voter engagement.

The roots of the One Nation, One Election concept can be traced back to the early years of India’s independence. The first general elections, held in 1952, were conducted together with state elections. This system continued until the 1960s, when it started to unravel due to the frequent dissolution of state assemblies and changes in the political landscape at the state level. Over time, elections at the national and state levels began to occur at different times,²⁰⁰ creating a situation where elections were being held almost every year somewhere in the country.

Despite this shift, the idea of holding simultaneous elections has remained a topic of debate. The Law Commission of India, in its 1999 report, and²⁴⁰ various other committees have recommended exploring the possibility of ‘One Nation, One Election’. However, the challenge lies in how to coordinate the different electoral cycles of 28 states and 8 Union Territories, each with its own political dynamics and electoral requirements.

The idea of ‘One Nation, One Election’ is often presented as a solution to various issues that have become³⁰⁰ ingrained in the Indian electoral system over the years. Those who are in favour of this proposal make some key arguments. First, elections are an expensive affair. In India, holding elections means significant financial costs incurred on polling booths, security forces, administrative resources, and electoral staff. Holding simultaneous elections can lead to huge cost savings. It could also result in³⁶⁰ fewer instances of violence and administrative strain.

In the current system, elections are held almost every year, with politicians being engaged in perpetual campaigning. This detracts from the ability of public representatives to focus on governance and development work. If⁴⁰⁰ national and state elections are held together, there will be reduction in the frequency of elections and governments will have more time for policy implementation.

The idea of simultaneous elections is often associated with the potential for greater political stability. If we adopt this system, it could lead to stronger mandates for political parties, especially the ruling party, as their national and state-level performance could be evaluated at the same time. This, in turn, could reduce the frequency of mid-term⁴⁸⁰ elections and changes in government.

By reducing the electoral cycle, public representatives and political parties may be able to shift⁵⁰⁰ their focus away from elections and towards long-term governance. Governments could focus on implementing policies, improving governance, and addressing the needs of the electorate.

‘One Nation, One Election’ could increase voter engagement by providing a clear and straightforward electoral process. Voters would only need to cast their votes once for both national and state elections, making the process simple and encouraging higher turnout.

While ‘One Nation, One Election’ presents several advantages, it also raises a host of challenges and concerns. India has a federal structure where power is divided between the central government and the states. The simultaneous elections could⁶⁰⁰ erode the autonomy of state governments, as local issues and regional dynamics may get ignored by national politics. Regional parties, which often play a significant role in state elections, could struggle to maintain relevance in simultaneous elections.

India is home to a vast and diverse political landscape. The dominance of national parties could marginalize regional parties, whose success depends heavily on state-specific issues. In simultaneous elections, national parties may benefit from greater visibility, making it harder for regional players to garner support based on their local issues.

Implementing simultaneous elections across India’s vast expanse would be a logistical nightmare. India⁷⁰⁰ is a country with over 900 million eligible voters, spread across diverse terrains, languages, and cultures. Managing an election process⁷²⁰ with such a large electorate would require extraordinary levels of planning, coordination, and mobilization of resources. Moreover, it would be difficult to ensure the security of elections. In case of a failure in conducting simultaneous elections due to logistical issues or a delay in one region, the entire election process could be delayed, disrupting governance. A delay in the election of the state assembly could result in a situation where governance is impacted for an extended period, potentially leading to⁸⁰⁰ a constitutional crisis.

Although ‘One Nation, One Election’ could lead to higher voter engagement, the reality may be more complicated. Elections in India often see disparities in voter turnout between national and state elections. If both the elections are held⁸⁴⁰ together, some voters may become disillusioned or overwhelmed by the scale of the voting process, possibly leading to lower turnout in some regions.

For ‘One Nation, One Election’ to become a reality, certain steps must be taken to address the challenges. The Indian Constitution would need to be amended to allow for the simultaneous elections. This would involve changes to⁹⁰⁰ the term of state assemblies and the Lok Sabha to ensure that elections can be held together. While ‘One Nation, One Election’ may lead to national parties dominating the political discourse, measures must be put in place to ensure that state elections retain their independence. This could include increasing the representation of regional parties at the national level and⁹⁶⁰ creating systems to ensure that local issues are given due importance.

The implementation of ‘One Nation, One Election’ would require a broad political consensus. Political parties must work together to design a system that is beneficial for all stakeholders, including¹⁰⁰⁰ voters, public representatives, and political parties of all sizes. India’s electoral infrastructure would need a complete overhaul to handle the combined elections. This would include better voter education, improved voting systems, and an enhanced security apparatus.

As India transitions towards “One Nation, One Election”, it is crucial to ensure that voters are educated about the significance of the new electoral system. Political parties should use this time to help voters understand the relationship between national and state-level issues and encourage¹⁰⁸⁰ informed voting. The concept of “One Nation, One Election” has the potential to transform the Indian political landscape, offering benefits¹¹⁰⁰ like reduced costs, improved governance, and political stability. However, the implementation of such a system poses significant challenges, particularly with regard to preserving India’s federal structure, ensuring equitable representation of regional parties, and managing the logistics of these elections.¹¹³⁹

 

ENGLISH SHORTHAND DICTATION-421

 

A company exists because of the society which can also be described as its sole source for earning profits. There is no company that can function without the help of a proper societal structure. Hence societies often act like assets for a company. Unlike the material assets for which the company conducts regular maintenance, the intangible assets like the society also require some specific obligations to be fulfilled by the company. Certain responsibilities that are termed as Corporate Social Responsibilities need to be fulfilled by the company to return its favour towards the society. These responsibilities can range from a¹⁰⁰ wide range of activities in the form of social services, charities etc. These responsibilities often yield to create a good¹²⁰ impact for the company as it increases the trust among consumers which in turn upholds the dignity of the company for creating a better future.

As per section 135, every company with a net worth of Rs. 500 crore or more or a total turnover which is Rs. 1000 crore or more, or a net profit which has a yield of Rs. 500 crore or more in its immediately preceding financial year must constitute a CSR committee which shall constitute²⁰⁰ three or more directors out of which at least one must be designated as an independent director.

The historical evolution of CSR derives its roots from the late 1800s. During that period, work culture in the factories and industries was²⁴⁰ not paid the required attention that it deserved. Business owners and investors were also unaware of the fact that certain obligations must be fulfilled towards the welfare of the society. Hence with the rise of philanthropic approach, businesses slowly started to realize the necessity of CSR.

CSR creates an impact on both the business and the society. The operational structure³⁰⁰ which required long working hours with minimum to no benefits for the employees gradually came to an end. The production structures of the companies were re-designed to maximize the potentiality of its employees. Factory conditions were also improved keeping in mind the safety of the workmen.

In 1953, an American economist named Howard Bowen published his book named 'Social Responsibilities³⁶⁰ of a Businessman' in which the term Corporate Social Responsibilities came into existence for the first time. This particular book recognized the impact that corporate organizations can create upon a society as far as welfare and development are concerned. This⁴⁰⁰ forced the business tycoons to perform their obligations for a greater and common good.

In the early 1900s, businesses were only meant to earn profits. Hence, the scope of CSR was quite narrow if compared to the modern age. Industrialists back in the day were only driven with the aim of earning profits. They did not perform any obligations towards the society nor the society demanded anything from them. This was due to the lack of awareness among the people⁴⁸⁰ as they saw businesses as profit making bodies and not as charitable institutions. But as time passed by, people started⁵⁰⁰ demanding different rights that companies became bound to fulfil.

This includes reduction in working hours, prohibition of unfair trade practices etc. In the early 1960s, this notion of capitalism and profit making began to shift as companies started to recognize their obligations towards the society. With the emerging of modern problems for the modern society, companies also focused on various charitable doings and not just profit making. As CSR continued to develop, companies also designed new decision-making strategies, in which their decisions were not only meant for earning profits, but also featured practices that were meant to benefit the⁶⁰⁰ society and the people.

Therefore, companies started to view society as an asset. At this point of time, CSR mainly included notions such as protection of environment, waste management, labour laws etc. With the emergence of globalization in the 1990s, the scope of CSR became more prevalent as various agreements involved companies to provide their consent. Companies became more focused on developing eco-friendly techniques of production and other possible green ways of conducting business.

In the 21st Century, companies have started to include the CSR policies in their internal operations because businesses nowadays are inclined towards getting positive feedback from⁷⁰⁰ their consumers and have become more consumer-friendly. Hence companies often engage in CSR activities in order to refine their goodwill⁷²⁰ in the market, as well as attract consumers. The scope of CSR has widened and companies nowadays allocate a separate amount of fund for CSR activities. CSR activities are not only beneficial for the society but also the business as well. As a matter of fact, CSR also helps the company to recruit talented human resources, as employees these days often tend to find values in the organization they are working.

This creates an upper hand for the company as⁸⁰⁰ well as the individuals attached to it. The course of Industrialization has cherished as well as caused numerous side effects to the society. But in order to evolve as developed nations, industrialization is also necessary. Hence, the aim is to⁸⁴⁰ strike an ecological balance by keeping environmental harm to a minimum.

Nowadays, every multinational company has an in-house Committee. These Committees are responsible for allocating and providing advisory reports to the Board of Directors, for the fulfilment of CSR activities. The Board of Directors examines and verifies the reports and provides consent to execute such CSR activity. Recommendations and contents⁹⁰⁰ of the CSR policy may vary from company to company depending on its size and volume of operations.

CSR has become an important element when it comes to global business practices and designing strategies. The United Nations is also involved in the surveillance for whether a company or an organization which fits the parameters of falling under the purview of⁹⁶⁰ CSR is performing its activities or not. Hence, the United Nations acts as a watchdog over the companies, forcing them to carry out their obligations towards the society.

The United Nations Committee on Human Rights restricts the companies to engage¹⁰⁰⁰ in unlawful trade practices which might harm consumer interests. Moreover, the OECD guidelines also prohibit the companies to get involved in corruptions, respect the validity of labour laws, to curtail activities that pose threat to the environment and may cause pollution etc. These guidelines are often comprehensive and companies might have to interpret them accordingly.

The International Labor Organization is also a governing body for businesses and organizations. Their focus is to supervise and interpret labour laws and ensure that¹⁰⁸⁰ companies are following them and the interests of the workmen are taken care of. These generally include relief from long¹¹⁰⁰ working hours, provision of minimum wages, safe and secure working conditions, elimination of child labour etc. Workmen should be considered as assets of the company as they are responsible for all the lower and middle level management tasks. In other words, they are the 'powerhouse' of the company and hence the company must meet its obligations towards them.¹¹⁵⁷

ENGLISH SHORTHAND DICTATION-420

 

Hon. Chairperson, Sir, I am here to speak on the Supplementary Demands for Grants for 2024-25 on behalf of the TDP.  I have seen that the actual cash outflow of Rs. 44,000 crore is less than one per cent of the overall budget. By any count, I would say that this is good planning. Leading an organization myself, I have often found that in the middle of the year, we deviate more than one per cent. So, I would like to acknowledge and appreciate that. In regard to some points spoken by the Opposition in terms of the growth on¹⁰⁰ inflation and on the manufacturing sector, I think there seems to be a rhetoric, a lot more than a call¹²⁰ for action. It is because on one hand, we say that inflation should not grow, but on the other hand, we are saying that the repo rate also should not be cut down. I would request the Government to cut down the repo rate to kick-start the manufacturing sector and increase its growth, which would overall lead to the growth of the Indian economy. It is much needed, and I would definitely ask for that.

In this Batch of Supplementary²⁰⁰ Demands for Grants, I would like to speak about some specific points, in particular for the Ministry of Steel. I would like to acknowledge and thank the Finance Minister and the Prime Minister for allocating Rs. 1,000 crore of funds²⁴⁰ to revive the RINL Steel Plant. I am very happy to state that from the verge of almost being shut down with only one furnace running, now there are two furnaces running at more than 100 per cent rated capacity over the last two months. With the continued support of the Government, I am sure that all three furnaces will³⁰⁰ be running, and we will be able to take care of the salaries of all the staff members.

The second thing that I would like to bring up is the footwear industry. I have a peculiar problem, Sir. I have a foot condition which requires a certain kind of footwear. I was searching for it in India, but I could³⁶⁰ not find it. I had to go to Germany, and a friend of mine got a cast made for me, and I got that footwear. That is what I am wearing right now. But when I went to the Standing⁴⁰⁰ Committee on Commerce, I realized that there is a Footwear Design and Development Institute under the Commerce Ministry. With the support of hon. Minister, I went and visited the institute, and I was very happy to see the kind of research that is happening over there. Alas, most of India does not even know about the research that is happening. So, I request the Finance Minister to consider this footwear industry and the Footwear Design and Development Institute to really⁴⁸⁰ proliferate its activities to the entire nation because the footwear industry is not very concentrated today. It is quite disorganized.⁵⁰⁰ The other thing I would request is to separate it from the leather industry because not all footwear is leather now. All different kinds of materials are coming into it.

The next point is about urban planning. When we think of big cities in India, a lot of people remember traffic. When we talk about Delhi, people think of pollution. When we talk about Mumbai, people think of high cost of living. So, the money that happens to be transferred to urban local bodies is a mere 0.5 per cent of the GDP, but the contribution of cities to our⁶⁰⁰ GDP is almost 60 per cent. I would also request that if there are good cities that are planning for the future and if they can be incentivised through grants for major infrastructure development, then that would help us abate these problems pre-emptively instead of being reactive. I think that it would be a great thing for the nation. Coming to the State of Andhra, I would like to request that over the last five years because of the potential and delay of many critical projects like Amaravati or Polavaram, the cost of these projects has increased from 25 per⁷⁰⁰ cent to 55 per cent. We request the support of the Central Government in line with what has already been⁷²⁰ announced in this Budget to develop our capital city of Amaravati and to complete the Polavaram project by 2028.

Finally, I would like to end with a point on the State that if we want unemployment to come down and if we want the GDP to grow really quickly to achieve our goal of Viksit Bharat by 2047, I would also request some money to be dedicated for the nation-wide skill census. If we can bridge the gap between what⁸⁰⁰ the industry needs and what is the available workforce and start bridging the gap through skill development and education, then I think that this demographic dividend that exists will become a huge dividend for the nation and help not just⁸⁴⁰ the State of Andhra Pradesh prosper, but all the States of India prosper.

Sir, there are other issues also. In the case of Global City, which falls under the National Industrial Corridor Development Programme, the Global City project in Kochi, spanning 358 acres, aims to create 28.32 million square feet of infrastructure under the Kochi-Bengaluru Industrial Corridor. Kerala has already⁹⁰⁰ approved Rs. 840 crore for land acquisition, and a Market Demand Assessment Report confirms the project’s viability. But the delay in final approval is stalling this initiative, which promises economic growth and next generation industrial hubs. Accelerated approval of the preliminary master plan and targeted infrastructure support are essential to realize this project’s potential. These are very vital issues concerning⁹⁶⁰ Kerala and also the whole of the nation. But the Government of India is treating Kerala in a stepmotherly fashion. ⁹⁸⁰

 

ENGLISH SHORTHAND DICTATION-419

 

The learned senior counsel appearing on behalf of the appellant stated that the appellant is the constituted attorney of Reena Natekar and Sanjay Natekar, the vendors under the sale deeds subject matter of the impugned FIR. He submitted that the 4th respondent in his complaint had accepted co-ownership of the vendors in respect of the subject property under the sale deeds. Learned senior counsel submitted that a complaint was filed by the 4th respondent more than two years after the date of institution of the civil suit.

Learned senior counsel pointed out how Sitaram Natekar became the owner of the¹⁰⁰ subject property based on documents executed in the years 1928 and 1929. He submitted that Reena Natekar and Sanjay Natekar¹²⁰ are the legal representatives of Sitaram Natekar. He submitted that both claimed a half share in the subject property in view of the regime of the communion of assets applicable in the State of Goa. He pointed out that, on 10th May 2013, the appellant had published a public notice calling for objections from any interested party concerning the subject property.

He pointed out that the ingredients of the offence of cheating under Section 415 of IPC were not made²⁰⁰ out. The submission of the learned senior counsel appearing for the appellant is that the registration of the impugned FIR was mala fide. He pointed out that the appellant, apart from being a businessman, is an active member of the²⁴⁰ Maharashtra Gomantak Party and is a Member of the Legislative Assembly of the State of Goa.

Learned senior counsel representing the 4th respondent submitted that the appellant tried to dishonestly misappropriate the property belonging to the 4th respondent, who is a resident of the United States of America, and sold the subject property to third parties. He has done that³⁰⁰ with the knowledge that the 4th respondent was a co-owner. He submitted that the supplementary statement of the 4th respondent was recorded in the impugned FIR. Due to Covid-19, the investigation could not be carried out based on the impugned FIR.

He relied upon a decision of this Court in the case of M/s Vishakha Infrastructure Pvt. Ltd. v State³⁶⁰ of Maharashtra and Ors. and submitted that the investigation could not be scuttled by interfering with the FIR at the initial stage of the investigation. He submitted that an FIR is not an encyclopaedia that can disclose all facts and⁴⁰⁰ details of the offence. He also pointed out that the consideration under the sale deed has been transferred to the appellant and not to the members of the Natekar family.

He submitted that merely because civil suits are pending, that is no ground to quash the criminal proceedings as the conduct of a party may amount to an offence and may also give rise to civil claims. He relied upon a decision of this Court in the case of Amit⁴⁸⁰ Kapoor v Ramesh Chander and Anr. in this regard. The learned counsel would submit that an opportunity may be granted⁵⁰⁰ to the police to complete the investigation by upholding the order of the High Court. The learned counsel appearing for the State of Goa supported the impugned judgment and order.

We have carefully perused one of the sale deeds, which is the subject matter of the impugned FIR. The sale deeds are similar. The appellant signed the sale deed as the constituted attorney of Reena Natekar and Sanjay Natekar and also in his capacity as a confirming party. The said power of attorney executed by Reena Natekar and Sanjay Natekar in favour of the appellant contains a recital that Reena⁶⁰⁰ Natekar and Sanjay Natekar, are the co-owners of the subject property. The legal effect of the sale deeds which are the subject matters of the impugned FIR is that the ownership rights of Reena Natekar and Sanjay Natekar were transferred to the purchasers.

It is pertinent to note that civil suits were filed by the 4th respondent in October 2018. In the suits, he claims to be a co-owner or person with an undivided share in the subject property. Two years after the institution of the said suits, the constituted attorney of the 4th respondent filed a complaint with the⁷⁰⁰ Superintendent of Police on 23rd October 2020. In the complaint, she stated that the subject property was originally owned by⁷²⁰ the predecessor of the 4th respondent and Sitaram Natekar.

It is pertinent to note that the constituted attorney of the 4th respondent has omitted to mention in the complaint that two years before the filing of the complaint, declaratory suits were filed by the 4th respondent, which were pending. Interestingly, two years after the registration of the FIR, on 13th October 2022, the 4th respondent filed a supplementary complaint with the police alleging that even the said Reena Natekar and⁸⁰⁰ Sanjay Natekar had also committed an offence.

Thus, in short, the grievance of the 4th respondent is that the vendors under the sale deeds had only an undivided share in the subject property, and they could not have sold the⁸⁴⁰ entire subject property under the sale deeds. The contention of the appellant is that what is sold is the right, title and interest of Reena Natekar and Sanjay Natekar. Thus, the dispute between the parties is predominantly a civil dispute. It is pertinent to note that the purchasers under the sale deeds have not made any grievance about the sale⁹⁰⁰ deeds.

In this case, it is impossible to understand how the appellant deceived the 4th respondent and how the act of execution of sale deeds by the appellant caused or was likely to cause damage or harm to the 4th respondent in body, mind, reputation or property. The appellant has not purported to execute the sale deeds on behalf of⁹⁶⁰ the 4th respondent. He has not purported to transfer the rights of the 4th respondent. There is no allegation that the appellant deceived the 4th respondent to transfer or deliver the subject property.

Taking the complaint as correct, the offence¹⁰⁰⁰ of cheating under Section 415 of IPC was not made out against the appellant. Moreover, the complaint was filed by the 4th respondent for the first time after a time gap of two years from the date of institution of the civil suits.

In the complaint, he suppressed the fact that civil suits were already filed in which applications for temporary injunction were made. When there was a dispute over the title, the act of the 4th respondent of setting¹⁰⁸⁰ in motion criminal law two years after the date of filing of the suits amounts to nothing but abuse of the process of law.

Considering the above, the appeal succeeds. The impugned judgment and order dated 1st March 2023 is set aside, and FIR No.177 of 2020 initially registered with Pernem Police Station in the State of Goa, and now transferred to the Special Investigation Team of the Economic Offences Cell, and proceedings based thereon are hereby quashed and set aside only as against the appellant.¹¹⁶⁶

 

ENGLISH SHORTHAND DICTATION-418

 

We have heard the learned senior counsel appearing for the appellant and the learned counsel appearing for the respondent-State.

The facts expatiated earlier would reveal that the appellant was convicted concurrently for the aforesaid offences and there is concurrency even with respect to the sentences imposed by the Court. In such circumstances, there is, in fact, very little scope for interference in an appeal by Special Leave.

In such cases, overlooking of a vital piece of evidence which would tilt the balance in favour of the convict-appellant or that the finding is based and built on inadmissible evidence which would¹⁰⁰ impair the prosecution case, are some such situations where this Court may interfere with. When the contentions raised are pitted¹²⁰ against the evidence on record, they would reveal no such circumstances. Still, we will proceed to consider the contentions raised to find out any other tenable grounds raised by the appellant which may persuade us to entertain this appeal against the concurrent conviction.

The learned counsel for the appellant contended that the plea of 'alibi' was not properly appreciated and considered, especially with reference to the oral testimony of DW-1. Despite the non-rupture of the hyoid bone, the Courts wrongly²⁰⁰ concluded that the nature of the death was homicide. It is also contended that no circumstances which irresistibly pointing to the guilt of the appellant-convict were established by the prosecution though the conviction was based on circumstantial evidence.

Per contra,²⁴⁰ the learned counsel appearing for the respondent-State would submit that the circumstances that led to the finding of guilt against the appellant were discussed in detail by the trial Court and the High Court as the Appellate Court re-appreciated and concurred with them besides adding additional reasons for confirming the conviction as also the sentence. In short, it is submitted³⁰⁰ that since the cumulative effect of such circumstances relied on by the Courts do not brook any hypothesis other than the one irresistibly leading to the guilt of the appellant-convict, no interference with the concurrent conviction as also sentence, is invited in this case.

In view of the rival contentions, we have bestowed careful consideration of the said contentions with³⁶⁰ reference to the materials on record. As noted earlier, the incident which led to the death of Smt. Suman, the wife of the appellant-convict, had occurred admittedly in her matrimonial home. The case of the appellant-convict is that a careful⁴⁰⁰ scanning of the evidence on record would reveal that the prosecution had failed to establish that it is a case of homicide and in fact, it is a case of suicide.

Adding to the above contentions, the learned counsel for the appellant would submit that the appellant was implicated in this case and was convicted without any satisfactory evidence much less any clinching evidence and also disregarding the fact that it was he who attempted to save her life and⁴⁸⁰ in that regard after cutting the noose of the ligature he took her to the hospital. While considering the contention, ⁵⁰⁰ we shall not lose sight of the fact that more often criminals would try to dub a murder as suicidal or accidental death. The identification of the nature of the death is, therefore, always an important medico-legal problem.

In that regard, the Courts concerned have to study the total evidence to discern whether death is a case of homicide or suicide or accident. The concurrent finding in the case on hand with reference to the evidence on record is that it is a case of homicide. Presumption is only a rule in the realm of burden of proof and the⁶⁰⁰ trial Court and the High Court concurrently weighed the circumstances and gave sturdy reasons to conclude that death of Suman is homicidal in nature and not suicidal. In such circumstances, we are not persuaded to entertain the concurrently repelled contention of the appellant that the death of Suman was not homicidal.

Now, the question is about the sustainability of the concurrent finding on the culpability of the appellant. Of course, various contentions have been raised by the appellant to assail the finding of guilt against him concurrently referred to in the judgments of the trial Court and the High Court. ⁷⁰⁰ There can be no doubt that while dealing with such a question of creation of fake scene by the⁷²⁰ appellant, absence of explanation by the accused despite being bound by virtue of Section 106 of the Evidence Act is also to be taken into consideration.

In the context of the case on hand, the case established by the oral testimony of PW-8, Arti who is the own sister of the deceased would show that at about 7 pm on the fateful day the appellant came to the paternal home of the deceased and informed that Smt. Suman hanged herself and⁸⁰⁰ immediately thereupon, herself, her mother and sister went along with him to his house that is, matrimonial home of the deceased. The further fact established through the mouth of the said prosecution witness is that upon reaching there Suman⁸⁴⁰ was seen on her knees on bed and still knotted by saree around the neck which, in turn, was tied to a wood near the ceiling fan.

As per PW-8, despite the opposition of their mother and her request to wait for the arrival of their relatives, he cut the noose of the ligature immediately and took her to a nearby hospital⁹⁰⁰ at Sector 9. Soon on check-up, the doctor declared that she was dead. In this context, it is also worthy to note the oral evidence of DW-1, Subhash. DW-1 had deposed that on that day, he along with the appellant went to Maitri Garden and from there returned home between 6 pm and 7 pm and he got down⁹⁶⁰ near the lane leading to his house.

Thereafter, the appellant came to him and informed that Suman had hanged herself. According to him, thereupon, he along with the appellant went to the latter's house and thereafter, he cut the noose of¹⁰⁰⁰ the ligature and took Suman to the hospital where she was checked and declared as dead. In this context, it is also relevant to note that there is no scintilla of evidence suggesting that she was alive when the noose was cut or that she breathed her last enroute to the hospital.

We have referred to the evidence of DW-1 to show that the cutting of the noose of the ligature, as per the version of prosecution witness as¹⁰⁸⁰ also that of DW-1 was done only after the appellant went to the witnesses and informed them of seeing Suman hang¹¹⁰⁰ herself. In short, going by the case of the prosecution or that of the defence even after seeing Suman hang using her saree, he did not care to cut the noose then and there and had chosen to do so only after witnesses were brought to the scene of occurrence.¹¹⁵⁰

ENGLISH SHORTHAND DICTATION-417

 

The Protection of Women from Domestic Violence Act, 2005 is one of the first in this sphere. This Act has concretely dealt with the problem of domestic violence taking into consideration all the related laws and has attempted to reduce the numerous ancillary problems generally faced by such legislations. This legislation is well placed in the Indian context and social scenario, clearly reflective of the mindset of the Indian men. This commentary primarily looks into the provisions of this Act from the constitutional perspective – the Fundamental Rights to be particular. The main aim of the commentary is to bring to¹⁰⁰ light the numerous rights, most of which are constitutionally guaranteed, of women who are protected directly or indirectly by this¹²⁰ Act. The all-encompassing nature of the legislation is elucidated among the other positive aspects of this law. The Act is thus a very vital piece of legislation from the feminist perspective of law. However, one of the main and primary criticisms of the writers is that this Act intentionally or unintentionally neglects to address the issue of child abuse among male children. This persisting problem having been left without any such specific laws requires quick and immediate addressal.

Domestic violence²⁰⁰ is sadly a reality in Indian society. In the Indian patriarchal setup, it became an acceptable practice to abuse women. There may be many reasons for the occurrence of domestic violence. From a feminist standpoint, it could be said that²⁴⁰ the occurrence of domestic violence against women arises out of the patriarchal setup, the stereotyping of gender roles, and the distribution of power, real or perceived, in society. Following such ideology, men are believed to be stronger than women and more powerful. They control women and their lives and as a result of this power play, they may hurt women³⁰⁰ with impunity. The role of the woman is to accept her ‘fate’ and the violence employed against her meekly.

The Protection of Women from Domestic Violence Act is a laudable piece of legislation that was enacted in 2005 to tackle this problem. The Act in theory goes a long way towards protection of women in the domestic setup. It is³⁶⁰ the first substantial step in the direction of defeating the questionable public/private distinction traditionally maintained in the law, which has been challenged by feminists time and again. Admittedly, women could earlier approach the Courts under the Indian Penal Code in⁴⁰⁰ cases of domestic violence. However, the kinds of domestic violence contemplated by this Act, and the victims recognized by it, make it more expansive in scope than the IPC. The IPC never used the term domestic violence to refer to this objectionable practice. In fact, the only similar class of offences addressed by the IPC dealt with cruelty to married women. All other instances of domestic violence within the household had to be dealt with under the offences that the⁴⁸⁰ respective acts of violence constituted under the IPC without any regard to the gender of the victim.

This posed a⁵⁰⁰ problem especially where the victims were children or women who were dependant on the assailant. In fact, even where the victim was the wife of the assailant and could approach the Courts under Section 498A of the IPC, she would presumably have to move out of her matrimonial home to ensure her safety or face further violence as retaliation. There was no measure in place to allow her to continue staying in her matrimonial home and yet raise her voice against the violence perpetrated against her. This, together with many other problems faced by women in the household, prompted this⁶⁰⁰ enactment. This commentary focuses on the constitutional perspectives of this progressive legislation.

The Act, in a bold break from prior legislations, gives a very expansive definition to the term “domestic violence”, a term hitherto not even used in legal parlance. Domestic violence is defined in a comprehensive way in Section 3 of the Act, comprising physical, mental, verbal, emotional, sexual and economic abuse, harassment for dowry, acts of threatening to abuse the victim or any other person related to her.

The Act thus deals with forms of abuse that were either not addressed earlier, or that were addressed in ways⁷⁰⁰ not as broad as done here. For instance, it includes in its ambit sexual abuse like marital rape which, though⁷²⁰ excluded under the IPC, can now be legally recognised as a form of abuse under the definition of sexual abuse in this Act. The definition also encompasses claims for compensation arising out of domestic violence and includes maintenance similar to that provided for under Section 125 of the Code of Criminal Procedure. Nevertheless, the claim for compensation is not limited to maintenance as allowed by that provision. It is noteworthy that the maintenance available under this section must be in⁸⁰⁰ correspondence with the lifestyle of the aggrieved party. Lastly, the Act identifies emotional abuse as a form of domestic violence, including insults on account of the victim’s not having any children or male children.

The enactment in question was passed⁸⁴⁰ by the Parliament with recourse to Article 253 of the Constitution. This provision confers on the Parliament the power to make laws in pursuance of international treaties, conventions, etc. The Domestic Violence Act was passed in furtherance of the recommendations of the United Nations Committee on the CEDAW. The Act encompasses all the provisions of the Specific Recommendations which form⁹⁰⁰ a part of General Recommendation no.19 of 1992.

The Statement of Objects and Reasons declares that the Act was being passed keeping in view the fundamental rights guaranteed under Articles 14, 15 and 21. Article 21 confers the right to life and liberty in negative terms, stating that it may not be taken away except by procedure established by law, ⁹⁶⁰ which is required, as a result of judicial decisions, to be fair, just and reasonable. The right to life has been held to include the right to be free of violence, the right to dignity, and the right to shelter. ¹⁰⁰⁰

Article 14 contains the equal protection clause. It affirms equality before the law and the equal protection of the laws. Article 14 prohibits class legislation, but permits classification for legislative purposes. A law does not become unconstitutional simply because it applies to one set of persons and not another. Where a law effects a classification and is challenged as being violative of this Article, the law may be declared valid if it satisfies two conditions.

First, the classification must¹⁰⁸⁰ be based on some intelligible differentia. Second, there must be a rational nexus between this differentia and the object sought to¹¹⁰⁰ be achieved by the law.

As a result of the ruling in cases such as Royappa v. State of Tamil Nadu, any law that is arbitrary is considered violative of Article 14 as well. This provision is significant in putting a stop to arbitrariness in the exercise of State power and also in ensuring that no citizen is subjected to any discrimination. At the same time, it preserves the State’s power to legislate for a specific category of people.

Article 15 disallows discrimination on the grounds of religion, caste, sex, race, etc., but permits the State to make special provisions¹²⁰⁰ for certain classes of persons, including women and children.