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The Supreme Court struck down the relief granted by the Gujarat government in August 2022 to 11 men who were sentenced to life for the gangrape of Bilkis Bano and murder of her family members during the 2002 riots, and ordered them to surrender to jail authorities within two weeks.
In its order, a bench of Justice BV Nagarathna and Justice Ujjal Bhuyan said the Gujarat government’s decision to grant remission to convicts was “an instance of usurpation of jurisdiction and… of abuse of discretion” and that the State “acted in tandem and was complicit” with the convicts. Remission means a reduction in sentence imposed on a person convicted of a crime.
The Supreme Court said Gujarat was not the “appropriate government” to decide on the remission plea of the 11 men convicted for the “grotesque and diabolical crime driven by communal hatred”.
The bench pointed out that Section 432(7)(b) of The Code of Criminal Procedure, which deals with the power of remission, clearly indicates that the State within which the offender is sentenced, is the appropriate government to pass an order of remission” and not the one where the crime took place or where the convict was imprisoned.
Indian tourists in Maldives near double to 11% in 5 years (Page no. 1)
(GS Paper 2, International Relation)
India has emerged as the top source market for tourism for Maldives since the Covid-19 pandemic, highlighting the significant reliance of the latter on Indian visitors.
A diplomatic row has erupted following derogatory remarks against Prime Minister Narendra Modi by three Maldivian deputy ministers after his visit to the Lakshadweep islands to promote tourism there. Under fire, the Maldives government suspended the three.
According to The Indian Express’s analysis of data from the tourism ministry in Maldives, Indian residents in 2023 accounted for 11.2 per cent of the total tourist arrivals—18.42 lakh—in the island nation, with Russia being a close second with a share of 11.1 per cent.
The share of Indian travelers to the Maldives was just 6.1 per cent in 2018, but jumped over the next few years, partly due to changes in travel flows during and after the pandemic.
In 2020, 2021, and 2022, Indian topped the list of source markets for the Maldives, with Indian tourists having a share of 11.3 per cent, 22.1 per cent, and 14.4 per cent, respectively.
Editorial
An extraordinary judgement (Page no. 10)
(GS Paper 2, Judiciary)
We live in extraordinary times, when extraordinary solutions are to be found. Hence it is that the Supreme Court of India has given an extraordinary judgment in the Bilkis Bano case, declaring its own previous decision a nullity, something that has happened perhaps only once before.
The Court held that the state of Gujarat “usurped” a power which it did not possess to grant remission to the 11 convicted persons for the rape of Bilkis Bano during a period of communal violence.
There is a difference between “usurpation of power” and “abuse of power”. Opinions may differ on whether power was abused in a particular case and the Court may leave it to the decision-maker to take a call on a borderline case. But the very absence of power renders the decision void.
These men were all convicted for life, which means for the rest of their natural life. There is, however, the power of the state government within whose jurisdiction the trial takes place to grant a remission after completion of 14 years for good conduct or for other good reasons.
Since the trial took place in the state of Maharashtra, it was Maharashtra alone that had the jurisdiction to grant remission, if at all it was to be given.
Standing in the way of deciding the case was a previous decision of two judges of the Supreme Court itself, that took the view that the appropriate government is the state of Gujarat.
This judgment was clearly per incuriam since a larger bench of the Supreme Court had held that remission can only be granted by the state in which the trial took place. If that judgment held the field, the Bilkis petition could not be allowed.
Ideas Page
Mind the cereal gap (Page no. 11)
(GS Paper 3, Economy)
India produces about 300 million tonnes of cereals every year, but people’s consumption requirements are barely 200 million tonnes.
Before addressing this question, we should substantiate the figures. According to the official Foodgrains Bulletin, cereal production (mainly rice and wheat) crossed 300 million tonnes for the first time in 2022-23, reaching 304 million tonnes to be precise.
If we take a three-year average of annual production in the most recent years for which data are available (2020-21 to 2022-23), it comes to 292 million tonnes — still pretty close to 300 million.
What about consumption? The latest estimates of per capita cereal consumption (PCCC) pertain to 2011-12: 11.6 kg per month according to the second India Human Development Survey (IHDS-2), and just 10.7 kg per month according to the National Sample Survey (NSS).
We also have IHDS-1 and NSS figures for 2004-5: 11.8 kg and 11.6 kg per month respectively. If the 2011-12 estimates are still valid today, and if India’s population is now around 140 crore, then aggregate household consumption of cereals is less than 200 million tonnes, and possibly even below 180 million tonnes.
Diplomacy in the digital public square (Page no. 11)
(GS Paper 2, International Relation)
Emerging from the post-New Year haze, with thoughts turning to vacations, numerous Indian social media users are taking a decisive stand. They are collectively eschewing one destination: The Maldives.
This trend, widely known as “Boycott Maldives”, erupted following derogatory comments by Maldivian officials about Indian Prime Minister Narendra Modi.
The incident has swiftly escalated into a significant digital movement, casting a spotlight on the increasing power of social media to influence international relations and public choices in diplomacy.
The “Boycott Maldives” hashtag has been trending on X (formerly Twitter) since Modi visited Lakshadweep, an Indian archipelago in the Arabian Sea.
The prime minister extolled the “stunning beauty of its islands and the incredible warmth of its people”, and many Indian users saw it as an opportunity to pit Lakshadweep against the neighbouring Maldives.
World
Religious freedom: US lists China, Pak as countries of particular concern (Page no. 12)
(GS Paper 2, International Relation)
The US has designated China, North Korea, and Pakistan as "Countries of Particular Concern" for engaging in and tolerating "particularly severe violations of religious freedom."
Announcing the Religious Freedom Designations, US Secretary of State Antony Blinken said that advancing the freedom of religion or belief has been a core objective of US foreign policy ever since Congress passed and enacted the International Religious Freedom Act in 1998.
As part of that "enduring commitment", Blinken said last week that he has designated Burma, China, Cuba, North Korea, Eritrea, Iran, Nicaragua, Pakistan, Russia, Saudi Arabia, Tajikistan, and Turkmenistan as "Countries of Particular Concern for having engaged in or tolerated particularly severe violations of religious freedom."
In Islamabad, Pakistan Foreign Office on Monday rejected what it called the "biased" assessment by the US to designate it a 'country of particular concern'.
According to a statement by the Foreign Office, Pakistan is a pluralistic country, with a rich tradition of interfaith harmony and it in line with its Constitution has undertaken wide-ranging measures to promote religious freedom and protect minority rights.
We categorically reject Pakistan's designation as a Country of Particular Concern' by the US State Department. We are deeply dismayed that the designation is based on biased and arbitrary assessment, detached from ground realities.
Economy
Income inequality declines, says SBI research unit countering K shaped eco recovery claims (Page no. 13)
(GS Paper 3, Economy)
Income inequality has declined in India with a higher tax base and a shift in taxpayers from lower income to higher income tax bracket, the Economic Research Department of the State Bank of India said.
Terming the claims of K-shaped recovery as “prejudiced” and “ill-concocted”, the report also cited the transition of small firms into larger firms and consumption trends such as the rising trend of ordering from food ordering platforms such as Zomato of being indicative of “vanishing inequality”.
About 36.3 per cent of taxpayers have moved from lower income to higher income tax bracket resulting in 21.3 per cent additional income, the report said adding that the top 2.5 per cent of taxpayers’ contribution in income declined from 2.81 per cent in FY14 to 2.28 per cent in FY21.
The income-tax returns (ITRs) filed by individual taxpayers earning between Rs 5 lakh and Rs 10 lakh, climbed by 295 per cent between the assessment years (AY) 2013–14 and AY 2021–22, showing a positive trend of migration to a higher range of gross total income, the report said.
On the share of top taxpayers in income, the report said that in FY14, the combined income of 23 individuals with income of more than Rs 100 crore was 1.64 per cent of the total income of FY14.
Even though the number of such individuals increased to 136 in FY21, the share of their combined income fell to 0.77 per cent.
Explained
Geographical Indication tag (Page no. 14)
(GS Paper 3, Economy)
Seven products from Odisha, ranging from the Similipal Kai chutney made with red weaver ants to the embroidered Kapdaganda shawl, have bagged the coveted Geographical Indication (GI) tag in recognition of their exclusivity to the state.
Geographical Indications of goods refer to the place of origin of a product. Such tags are accorded as they convey an assurance of quality and distinctiveness, attributable to the fact of its origin in a specific geographical locality, region or country. In India, the Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, awards GIs.
A GI registration is given to an area, not a trader, but once a product gets the registration, traders dealing in the product can apply to sell it with the GI logo.
Authorised traders are each assigned a unique GI number. If any unauthorised trader tries selling the product under that name, they can be prosecuted under The Geographical Indications of Goods (Registration and Protection) Act, 1999.
A marker of authentic products, the GI tags also help protect the interests of the local growers and artisans by preventing duplicity of the products and sale from unauthorised traders. Consumers, through the tags, can know which goods are certified.
Remission quashed, what now? (Page no. 14)
(GS Paper 2, Judiciary)
Bilkis Bano Case Supreme Court Judgement: The Supreme Court on Monday struck down the remission granted by the Gujarat government to 11 convicts who were serving life imprisonment for the gangrape of Bilkis Bano during the communal riots in Gujarat in 2002.
The men, who had been granted early release on August 15, 2022 after serving 14 years in jail, were directed by the top court to surrender within two weeks.
The Bench of Justice B V Nagarathna and Justice Ujjal Bhuyan said that the Gujarat government did not have the authority or jurisdiction to consider the remission applications of the convicts, to reduce their sentence.
This was because the trial in the case was transferred from Gujarat — where the crime was committed — to Mumbai, Maharashtra, in 2004 by the Supreme Court after concerns and apprehensions were raised of evidence tampering, and the absence of a conducive situation for a fair trial in Gujarat.
Seeking a clear view of the Sun: Why does Aditya need to be at L1 (Page no. 14)
(GS Paper 3, Science and Technology)
Aditya-L1 was launched by ISRO on September 2, 2023, with the mission of observing and helping us better understand the Sun. It arrives at its destination, L1 or the first Sun-Earth Lagrangian point, on January 6.
Here is all you need to know about the mission, from why it is important to why it is placed at the L1 point.
The Sun produces energy through nuclear fusion in its interior, and emits it from its outer layers. The photosphere, a 6,000-degree Celsius layer, emits all visible and infrared light, crucial for life. Above is the chromosphere, and higher still is the million-degree Celsius hot corona.
Interestingly, the corona is much hotter than the inner layers of the Sun — there must be some energy source which provides this heat. However, the processes involved in this are not yet fully understood.
Moreover, it also emits ultraviolet and X-ray radiation which would be lethal to life on Earth, without the presence of the atmosphere which absorbs most harmful radiation.
The Sun also continuously streams electrically charged particles — a stream known as the Solar wind. These charged particles produce the spectacular aurorae, known as the Northern and Southern Lights, seen close to the north and south poles of the Earth.