Supreme Court continued its judicial activism

New Delhi: From ruling that sleep was a fundamental right to urging the government to phase out the Haj subsidy in 10 years, to nixing guidelines on media reporting, the Supreme Court continued its judicial activism during 2012.
highlights of the more important judgements:
January 20 - Quashes demand for Rs. 12.000 crore tax on Vodafone, saying:
"FDI flows towards locations with a strong governance infrastructure which includes enactment of laws and how well the legal system works. Certainty is integral to the rule of law. Certainty and stability form the basic foundation of any fiscal system. Tax policy certainty is crucial for taxpayers (including foreign investors) to make rational economic choices in the most efficient manner."
February 2 - Cancels 122 "arbitrary" 2G licences, saying: "We consider it imperative to observe that but for the vigilance of some enlightened citizens who held important constitutional and other positions and discharge their duties in larger public interest and non-governmental organisations who have been constantly fighting for clean governance and accountability of the constitutional institutions, unsuspecting citizens and the nation would never have known how scarce natural resource spared by the Army has been grabbed by those who enjoy money power and who have been able to manipulate the system."
February 10 - Nixes army chief's age plea, saying the date of birth of General V.K. Singh (since retired) would continue to be May 10, 1950, as stated in his service record and not reconciled to May 10, 1951, as mentioned in his matriculation certificate.
February 23 - Rules that "sleep is fundamental and basic requirement" in frowning on the post-midnight police action against yoga guru Baba Ramdev's followers at Ramlila grounds in June 2011. "An individual is entitled to sleep as comfortably and as freely as he breathes. Sleep is essential for a human being to maintain the delicate balance of health necessary for its very existence and survival. Sleep is, therefore, a fundamental and basic requirement without which the existence of life itself would be in peril. To disturb sleep, therefore, would amount to torture which is now accepted as a violation of human right. It would be similar to a third degree method which at times is sought to be justified as a necessary police action to extract the truth out of an accused involved in heinous and cold-blooded crimes. It is also a device adopted during warfare where prisoners of war and those involved in espionage are subjected to treatments depriving them of normal sleep."
March 27 - Laments that criminals are abusing court process, saying: "One thing is crystal clear that criminals do not hesitate in approaching courts even by abusing the process of the court and sometimes succeed also."
April 12 - Upholds 25 percent of seats for poor children in schools under the Right to Education Act, saying: "It is not in dispute that education is a recognized head of 'charity'. Therefore, if an educational institution goes beyond 'charity' into commercialization, it would not be entitled to protection of Article 19(1)(g)."
May 8 - Asks the government to progressively eliminate Haj subsidy in 10 years, saying: "We have no doubt that a very large majority of Muslims applying to the Haj Committee for going to Haj would not be aware of the economics of their pilgrimage and if all the facts are made known a good many of the pilgrims would not be very comfortable in the knowledge that their Haj is funded to a substantial extent by the government."
August 29 - Upholds the death penalty for Ajmal Amir Kasab, the lone Pakistani gunman arrested during the Nov 26-29, 2008, Mumbai terror attack that claimed 166 lives, saying: "It is true that he is not educated but he is a very good and quick learner, has a tough mind and strong determination. He is also quite clever and shrewd. Unfortunately, he is wholly remorseless and any feeling of pity is unknown to him." (Kasab was hanged Nov 21 in Pune's Yerawada Jail.)
August 31 - Asks Sahara to return Rs.17,400 crore to investors, saying Sahara India Real Estate Corporation Ltd. (SIRECL) and the Sahara Housing Investment Corporation Ltd. (SHICL)
"would refund the amounts collected through RHPs dated 13.3.2008 and 16.10.2009 along with interest @ 15% per annum to SEBI from the date of receipt of the subscription amount till the date of repayment.
September 11 - Nixes guidelines on media reporting, saying: "No guidelines can be framed across the board to regulate media reporting of sub-judice matters...Finding an acceptable constitutional balance between a free press and administration of justice is a difficult task in every legal system."
September 27 - Holds that auction is not the only method to disperse natural resources. The ruling came while answering a presidential reference seeking its opinion on whether auction was the only method of allocating scarce natural resources as held by the court in its February 2 verdict cancelling 122 2G licences.

2013 will be challenging, uncertain for Indian IT industry

Hyderabad: The information technology industry in India has a challenging and an uncertain year ahead, feel the business leaders in the sector in this technology hub.
However, they believe the IT companies could use this uncertain period as an opportunity to make investments to increase their competitiveness.
"Such periods of uncertainly in the past have provided a great platform for organisations to refine strategy and execute initiates that increase competitive advantage and accelerate growth," said B.V.R. Mohan Reddy, chairman and managing director, Infotech Enterprises Ltd, a global technology solutions provider.
As a sector emblematic of globalisation and international trade, the Indian IT industry will also see a slowdown in growth, he noted.
The Indian IT industry's estimated export growth will be approximately 11 percent, down from 16 percent a year ago.
Mohan Reddy believes that the IT companies will look at expanding the delivery capability beyond India to leverage the global expertise, invest in creation of intellectual property and continue to improve the talent pool in the country.
Suman Reddy, vice-president and managing director, Pegasystems Worldwide India Pvt. Ltd, is of the opinion that the recovery of the global economy will have a positive impact on the IT sector globally as well as in India.
"Moreover, the Indian IT industry is witnessing a growth in niche sectors such as healthcare and insurance. With the healthcare reforms by the US to bring a new dimension to the Indian IT industry, we expect to see a lot more innovation and growth in the coming year," he said.
He wants the government to create tax reforms to encourage start-ups and smaller companies and to focus on public-private partnership.
With severe electricity shortage impacting the sector in Andhra Pradesh, Suman Reddy underlined the need for steps to improve the situation and also for widening the roads at key junctions in Hyderabad and for easier government interfaces.
According to the IT and ITeS (information technology-enabled services) Industry Association of Andhra Pradesh, the sector in Andhra Pradesh achieved a turnover of Rs.53,246 crore in 2012, crossing the Rs.50,000-crore mark for the first time.
Andhra Pradesh is the fourth-largest IT exporter in the country, accounting for 12 percent of India's total IT exports.
Ramesh Loganathan, vice-president, Progress Software India, hoped that during 2013 the industry would continue to improve its efficiencies and move up the value chain.
"Initiatives triggered by the start of recession in 2009 are now continuing to be relevant with pricing pressures and reducing cost arbitrage with wage increases and reduced growth.
"The modest 11 percent growth projected by NASSCOM notwithstanding, the efforts to improve profitability and to increase high value services and IP creation are actively underway, especially in Hyderabad," he said.
Pointing out that while Hyderabad is way better than other cities like Bangalore, with a better planned growth and good core infrastructure, he called for improving the public transport.
V. Laxmikanth, managing director, Broadridge Financial Solutions India Pvt. Ltd, believes that India's growth story is here to stay. "From the IT industry perspective, I see that it can be a great leveler and transform lives. The key is to make growth inclusive," he said.
He said while the "raw" talent base is good in India, the challenge is that the education system and social framework do not encourage independent thinking and creativity.

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Tipu Sultan’s world’s first missile rocket gets due recognition

Bangluru: Tipu Sultan’s warfare technology achievements are finally getting recognition. A visiting delegation of Defense Research and Development Organization (DRDO), under its chief controller on Friday has decided to convert the ruins of Srirangapatna Fort of Tipu Sultan into a Missile museum, from where world’s first iron-cased rocket missile was fired.
Tipu Sultan, the king of Mysore, is also referred as father of modern missile technology when he first used the 2 k.m. missiles against the British troops in the Third Anglo-Mysore war at the end of 18th century.



Tipu's rockets.
But today Srirangapatna Fort of Tipu Sultan, a historic monument is lying in ruins with some walls getting collapsed with illegal encroachments all around.This has also shocked the visiting delegation of DRDO scientists.
Amazingly neither Karnataka state archeology department nor Archeological Survey of India has took the responsibility of conservation of the historic fort with has an international significance.
DRDO Chief Controller (R&D), Dr. W. Selvamurthy, who led the delegation was saddened on the appalling condition of the historic fort and the world’s first rocket court. Speaking to the press after his visit Dr. Selvamurthy expressed his disappointment, “Itis really sad and appalling and this matter is of a great concern. The place which gave birth to the basics of rocket technology cannot be treated this way. I am shocked to see that monument is completely clogged with encroachments on main entry and exit levels. A portion of the front wall is also lies collapsed with illegal constructions bonces on all sides of the court walls.”
Selvamurthy also assured that he will raise the matter to the highest level, “I will write to the state Chief Secretary, the Archaeological Survey of India and the state Department of Archaeology and Museums to restore and convert the monument into an archaeological center of great importance.”
Finally lifting the curtains from the plans of DRDO Mr.Selvamurthy said DRDO wants to use the fort to showcase the technological advancement of India which according to the DRDO scientisteven in 18th century was most advanced then rest of the world.
DRDO proposes to convert crumbling Srirangapatna fort and rocket court into a Missile museum to make it a tourist spot and to showcase India's technological advancements in Defense field.
Selvamurthy said the museum could comprise of “life-size prototype of BrahMos, wide range of missiles India developed like Prithvi, Agni and all ballistic missiles, besides having an original piece of Tipu's rocket at the proposed archeological rocket center.”

Movement against rape should be taken to its logical conclusion: Kaneez Fatima

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Hyderabad: The brutal gang rape of 23 year old Delhi medical student has shaken the conscience of the nation. Fighting bravely for past 15 days the victim ‘Amanat’ succumbed to her injuries and died in a hospital in Singapore after waking up the sleeping nation.
TCN spoke to Ms.Kaneez Fatima who is joint secretary at Civil Liberties Monitoring Committee. To know how she comprehends the incident and the events unfolded after it.
TCN: How do you perceive Delhi gang rape incident, and the nationwide protest which followed?
KF: It was a shameful incident and a crime in the most brutal form. But one should remember several incidents of this magnitude or even worse happens every day in India. Often carried out by Armed Forces of this nation in Kashmir in North Eastern states, and in the tribal belts with impunity under the protection of law. Many such incidents occur at higher percentage in rural India especially in villages, but often they don’t even get reported by the media or to the police.
This case acquired significance because it has occurred in the national capital. People should shrug off their double standards of protesting on rape cases. This case has generated a movement against the brutal crime of rape and should be taken to its logical conclusion.



Kaneez Fatima in her office. [TCN Photo]
TCN: What reason you see behind increase in the sexual crimes against women?
KF: There can’t be a single reason; it is difficult to generalize every rape case. After this incident a debate is taking place and people started commenting on different reasons like women dress code, as if women with traditional dresses aren’t getting raped. Rapes don’t occur because women are travelling at night, but it is expedited by the mentality of men.
Now this mentality and psychology of man regarding women just as an object of their lust is being created in their minds by emancipating social media. In movies women are depicted as “item girls”, and are presented as an object to satisfy the lust of a man. Even commercial advertisements to sell their brands portray women in vulgarity that hundreds of women are ready to fell for a guy, who is using products that is being advertised. Media should control its decency, and should play a positive role in changing the patriarch mentality of India.
TCN: What according to you can be done to control sexual violence against women?
KF: Protestors are echoing a demand of strict laws; some are chanting death penalty for the rapists. But people fail to understand that strict laws hardly control any crime. Strict laws cannot deter person who doesn’t have any regard or fear of law from committing a crime. First of all there have to be a total over haul in our judicial process, especially in regard to rape cases. So we can get some convictions, and so that rape victims don’t have to face the humiliation of the system.
There have to be process of reformation and awareness among the general public. Govt. on their side should take measures which ensure women are provided proper security and consciousness should be generated by the Govt. and the general public to counter the image of women generated by patriarch society as a product, item girl, or just a sexual object.