February 2024 Archives

Law Commission May Suggest New Chapter in Constitution on ‘One Nation, One Election’

This chapter, if adopted, would hold the authority to override other constitutional provisions concerning the terms of legislative assemblies.

New Delhi: The Law Commission is is likely to recommend adding a new chapter to the constitution on ‘one nation, one election’ to aid simultaneous polls for Lok Sabha, state assemblies and local bodies by 2029, Deccan Herald has reported.

The suggested amendment to the Constitution would introduce a new chapter covering issues related to simultaneous elections, their sustainability, and the creation of a common electoral roll. This chapter, if adopted, would hold the authority to override other constitutional provisions concerning the terms of legislative assemblies.

The commission, led by Justice (retd) Ritu Raj Awasthi, is also likely to recommend synchronization of polls in three phases over the five-year period.

The commission will recommend that the first phase may deal with state assemblies whose period will have to be curtailed by a few months – three or six months, the Deccan Herald reported.

In the event of a government collapse due to a vote of no confidence or a hung House, the Law Commission proposes the formation of a “unity government” comprising representatives from various political parties. If this approach proves ineffective, the recommendation is to conduct fresh elections for the remaining term of the House.

Also read: One Nation, One Election, One Leader, One Faith, One Business House

“Suppose fresh elections are called for and the government still has three years, then polls should be for the remainder of the term – three years – to ensure sustainability,” a source was quoted by the paper as saying.

Simultaneously, a high-level committee, under the guidance of former President Ram Nath Kovind, is also working on a report exploring the feasibility of simultaneous polls, the report said.

While the 2024 Lok Sabha polls are expected to take place in April-May, state polls for Maharashtra, Haryana and Jharkhand are expected later this year. These will be followed by elections in Bihar and Delhi next year.

For Assam, West Bengal, Tamil Nadu, Puducherry and Kerala, elections are due in 2026 while Uttar Pradesh, Uttarakhand, Punjab and Manipur are set to go to polls in 2027. As many as nine states – Tripura, Meghalaya, Nagaland, Karnataka, Mizoram, Chhattisgarh, Madhya Pradesh, Rajasthan and Telangana – may have assembly polls scheduled for 2028, the report said.

January Registered Steepest Month-on-Month Decline in Exports in Non-Oil Category in 9 Months

Exports to the UK slipped 12% in January compared to December led by a decline in electronic goods, drugs and pharma shipments.

New Delhi: India’s non-oil exports registered a 9% decline in January compared to the previous month, The Indian Express reported.

This is the steepest month-on-month decline in exports in this category in nine months as outbound shipments to Europe and the US slowed further amid the global shipping lines being forced to take a longer sea route through the Cape of Good Hope as Houthi forces continued attacks along the crucial routes, as per the report.

The maximum impact was visible in India’s exports to the Netherlands which is home to Port of Rotterdam, the biggest port in Europe. While electronic goods exports to the Netherlands fell by a steep 37%, drugs and pharmaceutical exports declined by 18% and engineering goods exports also slipped 15% in January compared to December, an official data from Commerce Ministry showed.

India-US and India-UK exports

For the US, India’s total exports slipped 6.32% to $12.55 billion in January, according to the report.

A sector-wise analysis suggests that marine products exports slipped 19.87%, engineering goods exports declined 12.61%, meat, dairy and poultry products slipped 11.54% and gems and jewellery exports also fell 10.83% in January compared to December, the report added.

Also read: India Needs Stronger Exports to Hold the Line

Even exports to the UK slipped 12% in January compared to December led by a decline in electronic goods, drugs and pharma shipments, as per The Indian Express. Meanwhile, demand in the UK has also slipped due to recession in the second half of 2023.

Oil exports

The petroleum exports to Europe registered 22% decline, exports to Singapore, Australia, Indonesia, Japan, Oman, Sri Lanka, and Bangladesh, jumped, as per the report.

United Nation’s stand

Commenting on the Red Sea crisis, United Nations Conference on Trade and Development’s (UNCTAD) head of trade logistics, Jan Hoffmann said: “Developing countries are particularly vulnerable to these disruptions, and UNCTAD remains vigilant in monitoring the evolving situation.”

‘Catastrophic’ Private Costs, Poverty, Malnutrition: What Keeps India From Achieving its TB Goals

As against the global deadline of TB elimination by 2030, India has set the deadline for 2025. It is an ambitious target.

Tuberculosis or TB, one of the top infectious diseases responsible for mortality worldwide, is one of those diseases that majorly affects those in the lower socio-economic group.

The 2023 UN General Assembly High-Level Meeting on TB reinforced the 2018 commitments and targets, setting out new targets for the period of 2023-2027. The new targets include reaching 90% of people in need with TB prevention and care services and using a WHO-recommended rapid test as the first method of diagnosing TB.

The meeting also highlighted the provision of health and social benefit packages for all people with TB and the securing of at least one new TB vaccine that is safe and effective. The meeting also recommended closing funding gaps for TB programme implementation and research by 2027.

While we talk about funding at a macro level, TB continues to inflict financial hardships on millions of Indians every year. India has the highest TB burden across the world contributing to about 27% of all the TB cases, according to the WHO’s Global TB report 2023.

While India’s National Tuberculosis Elimination Programme (NTEP) covers diagnostic and therapeutic costs of TB treatment, many seek TB care privately for a vast variety of reasons with the most prominent among them being stigma.

People living with TB experience financial distress due to both direct and indirect costs. Taking loans, borrowing money, selling land, gold jewellery or any other assets are some measures people take to cover the cost of care.

The picture I paint is not a one-off scenario. ‘Catastrophic’ spendings necessitated by TB, as highlighted by WHO, are direct and indirect costs of TB diagnosis and care which amount to over 20% of the TB patient’s household’s annual income.

Of the 30 high TB burden countries, estimates of the percentage of the population facing catastrophic health expenditures are particularly high for India along with Angola, Bangladesh, China, Nigeria, Sierra Leone and Uganda, the global report says.

The direct cost includes medical costs (involving registration, consultation, hospitalisation, investigation, or medication) and non-medical costs (food, travel, and nutritional supplements). Indirect costs comprise an overall loss of wages due to productivity loss, missed work, loss of time, loss of income, and caregiving work.

It is more alarming as direct costs of care from private physicians are manifold compared to that incurred by individuals who are treated by NTEP (National TB Elimination Programme) providers under the government’s set-up.

The high costs associated with TB entrap the affected population into a vicious cycle of poverty and disease which is far from WHO’s ‘End TB’ goal, including the target that no TB patients and their households should face catastrophic costs due to the disease.

As per the WHO Global TB Report 2023, about half of the TB patients and their households suffer catastrophic (>20% of annual household income) total costs. A report from WHO and Treatment Action Group (TAG) shows us that there was a decline in global funding for essential TB services, from US $ 6.5 billion in 2019 to US $ 5.8 billion in 2022 which is less than half of the global target of US $ 13 billion.

Current health expenditure (% of GDP) in South Asia in 2020 was less than 4.18 and significantly lower in countries like India, according to World Bank data. According to The Wire‘s news report, in the interim Indian budget presented for the year 2024-25, the budget allocation for the department of health and family welfare, the department of health research and key nutrition programmes have dipped for the fiscal year 2024-25 as compared to 2023-24 budget estimates, when adjusted for inflation.

Contrary to the allocation of Rs 86,175 crores (as per budget estimates) for the department of health and family welfare in FY 2023-24, the allocation for 2024-25 increased to Rs 87,656 crores. However, when considering inflation at a rate of 5%, this apparent increase actually amounts to a decrease of 3.17% in real terms, the news report says. Thus, the budget for the health and family welfare department has actually decreased when adjusted for inflation.

The goal to achieve elimination of TB can be completed by reaching the lower socio-economic and remote sections of vulnerable communities. Inadequate funding and inaccessible resources are major hindrances in reaching the desired goal of ending TB worldwide.

The global aspirations to eliminate TB by 2030 reflect crucial ambition and determination. India aims to eliminate TB by 2025. However, with current funding levels and opportunities, the aim to end the TB crisis by 2030 appears challenging to achieve unless addressed timely, leaving vulnerable communities at risk of further devastation due to TB in the latter half of the 21st century.

Encouragingly, ongoing scientific advances such as newer tools to screen and diagnose TB and newer treatment regimens, as well as new vaccines in the pipeline offer genuine promise in combating the epidemic by 2030. Yet, achieving this goal will demand a significant increase in funding and finding innovative ways to reduce direct and indirect costs of TB care to disrupt this vicious circle.

Increasing awareness of the government’s services for TB elimination, continued decentralization of services and dispelling negative attitudes about the national TB programme may encourage impoverished affected people to avail free care.

Social determinants of health, such as poverty, malnutrition, and crowded living conditions are equally important factors which are overlooked while planning a comprehensive TB control strategy in many South Asian countries, including India.

Farhat Mantoo joined Doctors Without Borders/Médecins Sans Frontières (MSF) in 2003 and has been working in different capacities nationally as well as internationally. Currently, she is the Executive Director of MSF South Asia. She has a specialisation in medical anthropology, communication, hospital management and human resources apart from being trained in humanitarian assistance linked to international humanitarian affairs.

‘Sunehri Bagh Masjid Demolition Matter Referred to Heritage Committee’: Police to HC

The court was addressing a petition filed by Abdul Aziz, the mosque’s imam, challenging NDMC’s notice for the removal of the medieval era mosque to ‘alleviate traffic’.

New Delhi: The Delhi Traffic Police on Wednesday (February 28) told the Delhi high court that the matter concerning the demolition of the 150-year-old Sunehri Bagh mosque has been referred to the heritage conservation committee (HCC) of the urban development ministry.

The New Delhi Municipal Corporation (NDMC) in December had issued a public notice for the removal of the medieval era mosque after they received references from Delhi’s traffic police to “ensure sustainable mobility” of vehicles in the area. The NDMC then sought public opinion on the proposed removal of the mosque.

The notice had come shortly after the high court had dismissed a plea by the Delhi Waqf Board (DWB) that sought to restrain NDMC from demolishing or altering parts of the heritage structure.

The court was addressing a petition filed by Abdul Aziz, the mosque’s imam, challenging this notice. Aziz argued that the notice was issued with malafide intention and lacked any evidence or research demonstrating traffic congestion due to the mosque’s presence, the Hindustan Times reported.

During the court proceedings, senior advocate Sanjay Jain, representing the traffic police, informed the bench that the petition challenging the NDMC notice had effectively resolved itself. This was because the matter had been referred to HCC following the consideration of public opinions.

Aziz and DWB, represented by advocate Viraj Datar and senior advocate Sanjoy Ghose, maintained that the notice was contested on grounds of competence, emphasising that it could not have been issued under the provisions of the law.

Also read: Mosque on Govt’s Demolition Radar Has Ties to India’s Constituent Assembly

Earlier, NDMC, through advocate Shriharsha Peechara, had assured the court that no action would be taken until HCC makes a final decision. “The decision has to be taken by the HCC, not by us… I can’t even touch a brick without HCCs permission,” Peechara had submitted before the bench.

Earlier this month, the high court had refused to entertain a plea filed by the Waqf Welfare Forum seeking a similar relief, the paper reported.

Backlash on NDMC’s move

Indian History Congress (IHC), national level organisation of historians, had called the NDMC’s decision “unacceptable and unwise” and said that there has been a “constant attempt to erode our medieval architectural heritage in recent times” in a resolution passed earlier this year.

“Apart from its intrinsic importance as a relic from an era of the city’s history, its subsequent history during the construction of New Delhi is also of relevance. Its location on the roundabout is evocative of the town plan of New Delhi which sought to incorporate many historic structures, particularly those in active use as features of the new city plan instead of demolishing them.

The proposal to remove the roundabout is unacceptable and an unwise modification of an important feature of the street plan of New Delhi of which roundabouts are an integral and essential feature,” IHC’s resolution said.

This mosque had also earned Heritage III status for its historical significance in 2009.

“Sunehri Bagh Masjid is not just a mosque, it has a history that is closely associated with several of our freedom fighters. Hasrat Mohani, member of our Constituent Assembly used to stay here while attending the meetings. Care for its illustrious history,” wrote historian S. Irfan Habib on X.

Himachal: Congress Claims Flock Together as Speaker Disqualifies 6 Rebel MLAs of Party

CM Sukhvinder Singh Sukhu held a breakfast meeting earlier in the day with remaining party MLAs to keep the flock together.

Chandigarh: Himachal assembly speaker Kuldeep Singh Pathania on February 29 disqualified six rebel Congress MLAs under the anti-defection law two days after they voted for the Bharatiya Janata Party candidate in Rajya Sabha polls.

Those disqualified are lawmakers Rajinder Rana, Sudhir Sharma, Ravi Thakur, Inder Dutt Lakhanpal, Chaitanya Sharma and Devender Bhutto.

The decision is seen as Congress’s attempt to quell rebellion within the party ever since cross-voting by these six MLAs prompted BJP to engineer the collapse of Congress’s Himachal Pradesh government under Chief Minister Sukhvinder Singh Sukhu.

Lawyers representing these disqualified MLAs called the move illegal and are likely to challenge it in the high court. Congress, meanwhile, said that the move would be vital in keeping its remaining flock together.

Before disqualifying these six MLAs, Sukhu invited all remaining 34 MLAs of the party for a breakfast meeting at his office-residence in Shimla to ensure that there is no further defection in the party.

While not all MLAs reached in time for breakfast, Congress claimed that the government was stable and that all remaining MLAs stand solid with the party.

Three Congress observers – D.K. Shivkumar, Bhupesh Baghel and Bhupinder Hooda – believed to have been sent by the party high command to handle the Himachal situation, were also present in the meeting. They interacted with MLAs present and assured them that concerns with the government will soon be resolved.

Earlier at night, these leaders also appeared to have placated Congress MLA Vikramaditya Singh – at least temporarily. The son of late Congress CM Virbhadra Singh, who resigned on Wednesday from Sukhu cabinet, had cited that party MLAs were being humiliated in the Congress government.

Virbhadra said that Congress observers had told him that his concerns would be addressed. However, he did not appear at today’s breakfast meeting.

Sukhu government on the brink of a majority mark

Before the disqualification of these six Congress MLAs, Congress had a strength of 40 in 68-member state assembly. Besides, it enjoyed support of three independents too. The remaining 25 belonged to the BJP.

The strength of the House has now reduced to 62 after the Speaker’s disqualification move against these six Congress rebels, with magic majority mark currently standing at 32.

Given the current situation, there is no immediate danger to the Sukhu government since it claims to enjoy the support of the remaining 34 MLAs of the party.

But the danger is not fully over since any further defections in the party may spell doom for the Sukhu government and trigger its collapse – something the BJP is eyeing.

While the Congress leadership claims that their Himachal government is safe and will complete a full five years, there is also no denying to the fact that it nows sits on the fence of a majority mark.

Several BJP leaders have already claimed that Sukhu government days are numbered as more Congress MLAs would switch sides soon.

Technically speaking, BJP is also not far from the majority mark. With 25 MLAs and 3 independents, it now has 28 MLAs to its side against the 34 in the Congress.

Unfit to Serve: A Closer Look at Paytm Payment Bank’s Former ‘Independent’ Directors

RBI’s move to curb Paytm Payments Bank’s operations highlights how independent directors align themselves with promoter interests when there is a dominant shareholder on the board. But things are changing with proxy advisory firms ensuring that these individuals no longer go unpunished.

Three new developments herald a possible new beginning for Paytm Payments Bank: The reconstitution of its board of directors, apparently due to pressure from the Reserve Bank of India (RBI); the stepping down of Vijay Shekhar Sharma (who owns 51% stake in the bank) as part-time chairman; and the induction of former government bankers and a former government bureaucrat as independent directors.

The board’s reconstitution and the withdrawal of the nominee directors of One97 Communications (which owns 49% stake in the bank), were likely necessary to prevent the interference of shareholders in the bank’s operations as well as their influence on independent directors.

The central bank’s move to curb Paytm Payments Bank’s operations highlights how independent directors – who are meant to protect the interests of customers and the general public – align themselves with promoter interests when there is a dominant shareholder on the board. A positive outcome of the move is that independent directors who remained silent and declined to either rectify the deficiencies highlighted by the regulator, or resigned at the appropriate stage, can no longer go unpunished. Proxy advisory firms are right to consider them unfit to serve on a corporate board of directors.

History of regulatory action against Paytm Payments Bank

Date	Regulatory action	Reason
June 20, 2018	RBI instructs bank not to onboard new customers	Deficiencies in KYC. Ban lifted post rectifications
March 2019	RBI issues show-cause notice	Violations for KYC
October 1, 2021	RBI imposes Rs 10 million penalty	Deficiencies in regulatory compliance
March 11, 2022	RBI stops onboarding of new customers	Material supervisory concerns observed in the bank
October 12, 2023	RBI imposes penalty of Rs 53.9 million	Non-compliance with KYC, licensing requirements of Payment Banks
January 31, 2024	RBI curbs operations	Persistent non-compliances and continued material supervisory concerns

Source: Media and RBI

Paytm Payments Bank had a history of RBI censures for violations pertaining to onboarding of customers, and especially, in the all-important know your customer (KYC) guidelines. As per media reports, RBI detected hundreds of customer accounts were onboarded without proper documentation, and more than 1,000 customers were reportedly linked to a single Permanent Account Number (PAN). Such violations suggest either poor operational practices to facilitate business growth, or more ominously, a business strategy of money laundering.

Globally, KYC has become the bedrock of banking, as banks must have comprehensive knowledge of their customers, depositors and borrowers from a risk management as well as an anti-money laundering perspective. Therefore, when the banking regulator serves notice for violations, penalises and even takes the extreme step of stopping onboarding of new customers (as the RBI did with Paytm Payments Bank on March 11, 2022), the board of directors must take notice and immediately address the concerns to the regulator’s satisfaction. The bank’s independent directors, however, managed to sleep soundly through all the noise.

Paytm Payments Bank board of directors from FY22 to FY23

FY2022 – FY2023	Date of Appointment	Date of Resignation
Vijay Shekhar Sharma, part-time Chairman	August 22, 2016	February 26, 2024
Vaibhav Goel, independent	May 10, 2018	Not Available
Sairee Chahal, independent	April 19, 2019	Not Available
Manju Agarwal, independent	May 9, 2021	01 February 2024
Ramesh Abhishek, independent	August 3, 2021	Not Available
Shinjini Kumar, independent	October 26, 2021	December 2023
Bhavesh Gupta, non-indep, non exec. (Exec at One 97 Communications)	January 22, 2022	Not Available
Madhur Deora, non-indep, non exec. (Exec at One 97 Communications)	January 22, 2022	Not Available
Satish Kumar Gupta, MD & CEO	October 24, 2018	05 October 2022
Surinder Chawla, managing director, CEO	February 3, 2023	–

Source: Paytm Payments Bank

In FY22 and FY23, Vaibhav Goel (chartered accountant), Sairee Chahal (entrepreneur), Manju Agarwal (former deputy managing director of State Bank of India), Ramesh Abhishek (former IAS officer) and Shinjini Kumar (former RBI executive, former CEO of Paytm Payments Bank and an entrepreneur) were the independent directors of the bank.

During this period, all the independent directors had the necessary expertise and experience of being part of corporate boards and the role of independent directors. When a bank has a history of regulatory displeasure and a high turnover of chief executive officers (CEOs) – four in eight years – independent directors have to be more vigilant in overseeing the executive and demanding compliance reports.

Paytm Payments Bank CEOs since 2016

CEO	Date of Appointment	Date of Resignation
Shinjini Kumar	March 2016	June 2017
Renu Satti	May 2017	June 2018
Satish Kumar Gupta	October 2018	October 2022
Surinder Chawla	February 2023	–

Source: Paytm Payments Bank

Schedule IV Section 149(8) of the Companies Act, 2013, dealing with the code of conduct for independent directors, says, in its ‘role and functions’ category:

“The independent directors shall: (1) help in bringing an independent judgment to bear on the board’s deliberations, especially on issues of strategy, performance, risk management, resources, key appointments and standards of conduct; (2) bring an objective view in the evaluation of the performance of the board and management; (3) scrutinise the performance of management in meeting agreed goals and objectives and monitor the reporting of performance; (4) satisfy themselves on the integrity of financial information and that financial controls and the systems of risk management are robust and defensible…”

In terms of ‘duties’, it says: “Where they [independent directors] have concerns about the running of the company or a proposed action, ensure that these are addressed by the Board and, to the extent that they are not resolved, insist that their concerns are recorded in the minutes of the Board meeting…”

When the RBI documents various violations and penalises a bank, it should be taken extremely seriously by the board of directors. Typically, the Audit Committee – in which Vaibhav Goel, Manju Agarwal and Sairee Chahal were present as independent directors, and sometimes the Risk Management Committee, with Ramesh Abhishek, Manju Agarwal and Shinjini Kumar as independent directors, will examine the issues raised by RBI more closely.

The board appoints a compliance officer to ensure that the issues highlighted by the regulator are addressed. A time-bound compliance report has to be first submitted to the board, notifying that the bank has complied with the RBI’s directive and addressed its concerns. This report is thereafter sent to the RBI.

Paytm Payments Bank’s Audit and Risk Management Committee in FY23

Source: Paytm Payments Bank

That the Paytm Payments Bank’s board of directors, including its independent directors, during this period, abjectly failed in carrying out their role and duties is evident from the public statements made by senior RBI officials after the regulator asked the bank to stop incremental business.

RBI deputy governor Swaminathan J. said, “This is supervisory action on a regulated entity for persistent non-compliance. Such actions are invariably preceded by months, and at times, years of bilateral engagement where we not only point out deficiencies but provide more than adequate time to take corrective action.”

On February 8, 2024, Shaktikanta Das, RBI governor, said, “Sufficient time is given to non-compliant entities but action is taken when bilateral talks don’t yield action.”

What is shocking is that the board of Paytm Payments Bank had two experienced bankers, Shinjini Kumar, a former RBI official and also a former CEO of Paytm Payments Bank, and Manju Agarwal, a former senior executive of SBI. Both of them would have been familiar with RBI’s regulatory and supervisory procedures, as well as KYC norms for banks. Yet, despite their presence, the bank was unable to satisfy the regulator’s concerns.

Apart from their expertise and experience, many independent directors are selected for their lack of spine in protecting non-promoter interests. In the absence of founders, professional management prefers individuals who do not grill the management, and quietly acquiesce to decisions which may be adverse to minority/public interests. The conduct of independent directors ensures not only the extension of their terms with the support of the promoter/management but also qualifies them eminently to serve on the boards of other companies.

Normally independent directors consist of chartered accountants and lawyers whose business interests are intertwined with the corporate world, former bureaucrats, former bankers and retired company executives who require additional income or prestige associated with the corporate world. As technology is playing a vital role in business, boards also require IT specialists. Till date, independent directors and public interest directors have not suffered the consequences of presiding over and being complicit in poor governance in Yes Bank, IL&FS, or the National Stock Exchange, and in the massive siphoning of funds from companies which had to wind up.

The independent directors, who are seen as mute spectators, avoid annoying corporates by standing up for minority/public rights, and thereby ensure that they will be invited to more sleeping boards. They are rewarded for being silent and complicit in misgovernance. What’s not to like?

However, this environment is changing with the coming of age of proxy advisory firms, which recommend to their institutional clients how to vote on resolutions, including the appointment and re-appointment of directors. Both Stakeholders Empowerment Services (SES) and Institutional Investor Advisory Services (IiAS) have recommended not to support Manju Agarwal’s re-appointment as an independent director in CMS Info Systems, on account of her poor track record on the board of Paytm Payments Bank. The SES report, in particular, is scathing on her performance at the bank. The report comments on her performance in the light of the prior regulatory issues.

“The question is, what did she do? Did she use her experience in resolving the issue? The answer is No. The problems persisted and culminated in the death warrant for Paytm Payments Bank. Were her suggestions ignored? Possibly, but if she can resign now [link], she could have done it long back, thus bringing fault lines of the bank in open and would have saved not only problems faced by stakeholders but for herself, as SES views this as loss of reputation for her after a chequered career at the premier bank. Thus, SES concludes that she did not adhere to the code of conduct as envisaged and failed in protecting the institution.”

The same fate will rightly befall all the other independent directors at Paytm Payments Bank during FY23 when their terms come up for re-appointment or if they are mistakenly selected for their “expertise and experience” as directors in other companies. There are consequences for independent directors who sit on boards while turning a blind eye to repeated regulatory lapses and sending their resignations immediately, prior or post stringent regulatory action to possibly save their reputation.

Other directorships held by individuals who were independent directors of Paytm Payments Bank in FY22 and FY23

Manju Agarwal	Shinjini Kumar	Ramesh Abhishek
Gulf Oil Lubricants India Ltd	BOB BNP Asset Management	Cyient Ltd.
Hinduja Leyland Finance	CGAP	–
Polycab India	Nium Forex Private Ltd.	–
Glenmark Life Sciences	–	–
CMS Info Systems Ltd	–	–
Switch Mobility Automotive Ltd	–	–
IndiaIdeas.com Limited	–	–
Vistaar Financial Services Pvt Ltd	–	–
IFFCO Kisan Finance Limited	–	–

Source: Linkedin

A new age is dawning for independent directors who were complicit in not protecting minority/public interests, and who remained comfortable knowing these qualities would get them successive terms in the same company, as well as new directorships in other companies.

The maturing of proxy advisory firms and the influence they wield on institutional investors has turned the tables on the old exclusive power structure, where being compliant with promoters and executive management guaranteed permanent membership to the directors’ club.

Hopefully, under the watchful eyes of independent analysts and proxy advisory firms, independent directors will discover their spine; failing which they will face public humiliation, by being rejected by shareholders.

Hemindra Hazari is a Securities and Exchange Board of India (SEBI) registered independent research analyst.

Vande Bharat and the Treatment of its Service Providers

How much money is paid to the staff? How do they manage their rest or bodily requirements? Where do they take rest or sleep? Are they being provided with some social housing or hostels?

The high-pitched propaganda surrounding Vande Bharat hides many realities.

There are several reports of people travelling in them and facing hardships triggered by more than a dozen trains running late by even eight to 10 hours. It has further been reported that the Vande Bharat is 2.5 times the cost of a Shatabdi and that for around 480 bogeys of the Vande Bharat there could have been more than 1,000 bogeys of Shatabdi trains.

What is, however, not discussed is the inhuman form of inherently ordained structure leading to the exploitation of the people who are responsible for providing basic services in the Vande Bharat trains.

Long duty hours

On February 15, 2024, the Vande Bharat train which started at 6 am from Varanasi reached Delhi late. Instead of its scheduled departure at 3 pm, it left the national capital at 5 pm. The expected time of arrival at Varanasi in the return journey is 11 pm, however, it reached the next day at 5 am.

Inside a Vande Bharat train. Photo: Tikender Singh Panwar

The same set of people, including the regular train staff, outsourced staff providing services like serving food, and sanitation, travel back by the same train. They normally get a break of just six hours. The staff, excluding the regular staff who are mainly ticket checkers given alternative duties, boards the train back to Delhi from Varanasi and the rhythm continues till they get a day’s break, when the train doesn’t run.

On February 15, the staff appeared to have been on duty for more than 24 hours without any rest and without any economic benefit like over time, etc. It is a matter of curiosity whether this happens to all the Vande Bharat trains where the staff are made to work the same kind of working hours.

Even for simple understanding if the train runs on time (even though in many cases it does not) the duty hours are more than 16 hours per day, per train.

Also read: Vande Bharat Express: What’s in a Name?

Income issues

How much money is paid to the staff? How do they manage their rest or bodily requirements? Where do they take rest or sleep? Are they being provided with some social housing or hostels?

On an average, the Vande Bharat workers this author spoke to suggested that one such train has a staff of over 40 people as service workers and around 10-12 as sanitation workers and the same number of ticket-checking officials.

The outsourced workers, this author learnt, are paid a sum of around Rs 12,000 per month with no overtime. The sanitation workers are paid Rs 10,000.

For this sum, on an average, they work 120 hours a week, averaging 20 hours a day, and around 480 hours a month – in the New Delhi to Varanasi train one side journey is eight hours and the train is late by almost two hours on an average, the travel time and the time they take in preparing the train roughly comes to around 19-20 hours.

Basic provisions like Employees State Insurance (ESI), provident fund, etc., were not heard of by the workers serving in the train in which the author travelled.

Inherently flawed design of the contract

Vande Bharat train from Delhi to Varanasi. Photo: Tikender Singh Panwar

The railway ministry and particularly the current government must realise that such a model of development and generating employment is not only faulty but also unsustainable. Instead of providing regular employment to the workforce, the government itself is promoting informality and accentuating the vagaries of the current ecosystem that is based on squeezing the poor and the marginalised.

The massive drive for redevelopment of railway stations and allowing private operators to grab these contracts are not need based, rather they are more to build infrastructure that is not based on any substantive requirement.

Even if such an infrastructure is considered necessary the government should not shirk from its responsibility of providing decent work conditions to the workers.

What the government needs to do is to focus on the huge workforce that the railways employ and make it sustainable with some of the essentials of sustainable development goals including better livelihoods. If the government itself is negating such a principle, one can imagine what is happening in other sectors.

The minimum that the railways should do is to ensure that the tenders floated for such services do not just lead to privatisation of the train paraphernalia. Instead, the basic thing required in the tendering process is that the minimum wages are ensured; the working hours are calculated and in case the period extends more than eight hours of work, double overtime is ensured; there is proper housing for the workers at their stations of boarding. This has been the practice since long and railway quarters were provided to the railway workforce.

Now since the workers are mobile, they require adequate housing for rest and other activities and cannot just be left out at the private workforce supplier.

The railways should at least ensure proper and hygienic hostels if it cannot provide regular housing to this form of workforce so that they can rest and use their body to the best of their ability.

Once the workers have finished their journey, there should be a rest day, the moment they cross more than 16 hours of work. It is humanly not possible for the workers to perform with the current model of working style. This affects their developmental process, both physical and psychological.

The railway ministry should regularly conduct health checkups of the workers and ensure that in the process of Vande Bharat glossy euphoria they are not destroying generations of young people.

Railways, being the principal employer and controlled by the government, cannot run away from their constitutional duties, providing the right to life to every citizen.

Tikender Singh Panwar was once directly elected deputy mayor of Shimla. He was linked with the Leh Vision document and has written vision documents for a dozen cities. Author of two books, he is an urban specialist working in the design of inclusive cities.

Jharkhand: At Least Two Killed as Train Runs Over Passengers at Railway Station

Two persons who were walking on the track were run over on the ‘up’ line at Jamtara.

New Delhi: A train ran over passengers at the Kalajharia railway station in Jharkhand’s Jamtara late on February 28, killing at least two people.

The final toll is yet unclear, but reports have said that several may be dead. Some others have it that the toll is 12.

Reports also say that the passengers jumped onto the track over the speculation that there was a fire, when the train which was coming into the station crushed them to death.

However, the Eastern Railway CPRO said that there was no fire. Its statement to the press notes that train no 12254 (Anga Express) was passing between Vidyasagar and Kasitar when it was stopped at 7 pm because someone had pulled a chain.

Seven minutes later, it said, two persons who were walking on the track were run over on the up line by a MEMU train, “at least two kilometres away from where the train stopped.”

The Hindu has quoted Divisional Railway Manager, Asansol, Chetna Nand Singh as having said that the two persons killed were not Anga Express passengers.

Singh, similar to the Eastern Railways’ statement said, “The incident took place about 1 km from the stoppage of Angan Express.”

Sandeshkhali: Bengal Police Finally Arrest Absconding TMC Leader Sheikh Shahjahan

Reports say that Shahjahan was arrested from his house in Minakhah in the North 24 Parganas district.

Kolkata: Weeks after serious allegations of sexual harassment, land grabbing, and coercion by hundreds of women and locals in Bengal’s Sandeshkhali area, Bengal police has arrested Trinamool Congress strongman Sheikh Shahjahan.

Police produced him in the Basirhat court today, ADG (South Bengal) Supratim Sarkar said, and has secured a 10-day custody.

Reports say that Shahjahan was arrested from his house in Minakhah in the North 24 Parganas district.

Shahjahan has been untraceable since January 5 when the locality of Sandeshkhali shot to the headlines when supporters of the TMC leader attacked a team of Enforcement Directorate officials who had planned to search his residence in connection with the ration distribution scam.

On February 26, a division bench of the Calcutta high court led by Chief Justice T.S. Sivagnanam said that there is no stay on the arrest of Shahjahan.

“Arrest him. Complaints were made as many as four years ago, why was he not arrested?” asked the bench, which also comprised Justice Hiranmay Bhattacharya.

TMC supremo Mamata Banerjee’s nephew and Lok Sabha member of parliament Abhishek Banerjee had earlier said that police could not arrest Shahjahan because of a stay on his arrest by the courts.

Opposition leaders have been alleging in that the police were shielding the TMC leader.

This is a developing story and will be updated as news comes in.

Retired Judge Appointed Lokpal of UP University a Month After Permitting Puja in Gyanvapi Mosque Basement

Ajaya Krishna Vishvesha has been appointed ombudsman of the Dr Shakuntala Misra National Rehabilitation University in Lucknow.

New Delhi: Less than a month after he handed over the basement of the Gyanvapi Masjid in Varanasi to Hindus for worship on the last day of his working career, retired judge Ajaya Krishna Vishvesha has been appointed the ombudsman of a public university in Lucknow.

Vishvesha retired from service as Varanasi district judge on January 31.

On February 27, the Dr Shakuntala Misra National Rehabilitation University – a government-run university with Uttar Pradesh chief minister Yogi Adityanath as chairperson – appointed Vishvesha as its lokpal (ombudsman) for a tenure of three years, university officials told The Wire.

The university lokpal is tasked with settling the grievances of students.

Brijendra Singh, the university’s assistant registrar, confirmed that Vishvesha had been appointed as lokpal for three years.

The lokpal’s task is “resolving conflict among students for their betterment,” Singh said.

University spokesperson Yashwant Viroday said Vishvesha was appointed in accordance with the recent guidelines issued by the University Grants Commission (UGC), which mandated that each university shall appoint an ombudsperson for the redressal of student grievances.

When asked on what basis Vishvesha was picked, Viroday said the UGC guidelines mandated that the lokpal should be a retired vice-chancellor, retired professor or a retired district judge.

The “first priority should be given to a judicial person,” Viroday said citing UGC guidelines.

The day-to-day cases of grievances and disputes are usually settled at the proctor level, but some cases need a “specialist”, Viroday further said.

Vishvesha will be the university’s first ombudsman. He will not, however, be the first judge linked to the contentious temple-mosque disputes in Uttar Pradesh to take up a post-retirement public-funded post.

In April 2021, less than seven months after he acquitted all 32 accused in the Babri Masjid demolition case, retired district judge Surendra Kumar Yadav was appointed as a deputy Lok Ayukta in Uttar Pradesh by the Yogi Adityanath government.

Yadav also worked on a case relating to the Babri Masjid demolition on his last working day before retirement.

As judge of a special CBI court, Yadav had on September 30, 2020, acquitted senior BJP leaders L.K. Advani, Murli Manohar Joshi, Uma Bharti, Kalyan Singh and others in the Babri Masjid demolition case, almost 28 years after the December 6, 1992 criminal act, for lack of credible evidence.

Vishvesha, as district judge, had on January 31 allowed Hindus to worship inside a sealed basement of the Mughal-era Gyanvapi Masjid.

The caretakers of the Gyanvapi Masjid termed the order illegal and inappropriate. They challenged it, as well as its swift implementation within a matter of hours by the Varanasi administration, in the Allahabad high court.

The high court, however, did not stop the Hindu prayers in the basement of the mosque and on February 26 ruled in favour of the continuation of puja at the site.

The court overruled the objections and arguments of the mosque’s management committee.

Justice Rohit Ranjan Agarwal dismissed a plea filed by the caretakers of the mosque challenging the controversial district court order handing over a southern cellar of the mosque to Hindus in the midst of pending suits in the Gyanvapi Masjid-Kashi Vishwanath Temple matter, in which Hindu plaintiffs are seeking religious rights within the mosque as well as its ultimate possession from Muslims.

While arguing the case in the high court, the caretakers of the mosque raised questions of propriety and legality over Vishvesha delivering such an order on the final day of his service.

The Committee of Management Anjuman Intezamia argued that the January 17 order by Vishvesha, in which he appointed the district magistrate as the receiver of the basement, was modified on January 31, his last working day, to give Hindus access to the basement for prayers.

Such a modification could not have been made by him on his last working day, the masjid committee said.

Justice Agarwal, however, ruled that there was no illegality in Vishvesha’s order and noted that “an attempt has been made to malign the image and impute motive to the order passed by the” court below on January 31 “on the ground that the officer concerned had passed the order on last day of working.”

Vishvesha had merely corrected an omission or accidental slip by issuing a fresh order on January 31 after having disposed the application on January 17 without addressing the full relief sought by the plaintiff Shailendra Kumar Pathak, a Hindu priest.

Pathak had filed the application seeking rights to worship the Maa Shringar Gauri as well as other visible and invisible deities he claimed were in the cellar of the mosque.

Talking to a new channel days after he retired, Vishvesha said he had issued the order in accordance with the law and after following established legal principles and rules.

When the reporter of Times Now Navbharat asked Vishvesha that the mosque side did not see it as a mere coincidence that he gave such an order on his last working day, Vishvesha said a judge like himself only worked as per the established judicial process.

“The order was within the four corners of law and the procedure of the court,” said Vishvesha, who had also ordered the Archaeological Survey of India to conduct a survey of the Gyanvapi premises.

Born in Haridwar, Vishvesha had taken over as Varanasi district judge in August 2021.

The Dr Shakuntala Misra National Rehabilitation University, located on the outskirts of Lucknow, was established by the Divyangjan Sashaktikaran Vibhag of the state government through an ordinance dated August 29, 2008. The Bahujan Samaj Party of Mayawati was in power then.

The ordinance was later replaced by an act.

The university describes itself as “the first university of its kind, which also provides accessible and quality higher education to challenged students, in a completely barrier-free environment.”