Gujral Doctrine

What is Gujral Doctrine?

Former Prime Minister, Late Mr. I.K. Gujral propounded the Gujral Doctrine when he was the Union Minister of External Affairs in 1996-1997 in the H.D. Deve Gowda Government. The Gujral doctrine was a five-point roadmap which sought to build trust between India and neighbours, of solution to bilateral issues through bilateral talks and to remove immediate quid pro quos in diplomatic relationship between India and her neighbours. The ‘Doctrine’ emphasized on the importance of unilateral accommodation for friendly and warm relations with India’s neighbours.

The five principles are:

1. With neighbours like Bangladesh, Bhutan, Maldives, Nepal and Sri Lanka, India does not ask for reciprocity, but gives and accommodates what it can in good faith and trust.
2. No South Asian country should allow its territory to be used against the interest of another country of the region.
3. No country should interfere in the internal affairs of another.
4. All South Asian countries must respect each other’s territorial integrity and sovereignty.
5. They should settle all their disputes through peaceful bilateral negotiations.

The essence of Gujral Doctrine has been that being the largest country in South Asia, India can extend unilateral concessions to neighbours in the sub-continent.

Application of the Doctrine

• Sharing of Ganga Water with Bangladesh: It is in pursuance of this policy that late in 1996 India concluded an agreement with Bangladesh on sharing of Ganga Waters. This agreement enabled Bangladesh to draw in lean season slightly more water than even the 1977 Agreement had provided.
• Freezing of Border Dispute with PRC: The confidence building measures agreed upon by India and China in November 1996 were also a part of efforts made by the two countries to improve bilateral relations, and freeze, for the time being, the border dispute.
• Increasing People to People Contact with Pakistan: This doctrine advocated people to people contacts, particularly between India and Pakistan, to create an atmosphere that would enable the countries concerned to sort out their differences amicably. India unilaterally announced in 1997 several concessions to Pakistan tourists, particularly the elder citizens and cultural groups, in regard to visa fees and police reporting.
• “Confidence Building Measures” Talks with Pakistan: The Gujral Doctrine assumed significance when at Foreign Secretary level talks between India and Pakistan in June 1997, the two countries identified eight areas for negotiation so as to build confidence and seek friendly resolution of all disputes.

Positive aspects of the Doctrine

The logic behind the Gujral Doctrine was that since India had to face two hostile neighbours in the north and the west, it had to be at total peace with all other immediate neighbours in order to contain Pakistan’s and China’s influence in the region. Its significance lies in the insight that for India to become a global power in sync with its stature, it needs a peaceful neighbourhood.

The positive aspects of the Gujral Doctrine can be enumerated as follows.

1. It recognised the supreme importance of friendly, cordial relations with neighbours.
2. It helped achieve a fundamental recasting of South Asia’s regional relationships, including the difficult relationship between India and Pakistan.
3. Further, the implementation of these principles generated an atmosphere of understanding and cooperation between India and these countries.
4. The Gujral Doctrine was accepted not only within the country, but also by most of the neighbours and major powers.
5. In the context of changed international environment in post-cold war world Gujral Doctrine became a new and important principle of India’s foreign policy.
6. It was implemented by different regional powers like USA, Russia, People Republic of China, Iran, Saudi Arabia, Brazil, Germany etc.

Continued relevance of the Gujral Doctrine

The Gujral doctrine postulates that reciprocity among asymmetrical partners in South Asia needs to ensure equity rather than absolute equality in terms of any quid pro quo. India’s sheer physical size and weight of numbers and its economic and military power in relation to its smaller SAARC neighbours, not excluding Pakistan, can be intimidating. Hence, it may not pay to insist on strict parity on all things and at all times. The smaller partner must feel emboldened to accept a fuller relationship at a pace and level at comfort that it may be allowed to determine.

If India follows such a path, it will be serving, not abandoning, its best interests. What matters is the end result. Confidence-building may take a while but is worth the political investment. One can give today to get tomorrow or trade a ‘concession’ in one sector to make a gain in another area. The process is as important as the event and, at the start, perhaps even more important to get things moving.

The Gujral doctrine implies a process, not an objective. It aims at confidence-building, changing mindsets, placing procedures and even issues against a larger and longer perspective of national interest.

Criticism of the Gujral Doctrine

The Gujral Doctrine had a debilitating impact on R&AW’s ability to conduct intelligence operations in Pakistan. Strategic affairs specialists point out that on Mr. Gujral’s directions, the Pakistan special operations desk of R&AW was shut down, leading to a major gap in India’s intelligence capabilities. Analysts blame this as one of the key factors that led to the intelligence failure before the Kargil war commenced

Over the years, particularly after a series of terrorist attacks, the Gujral Doctrine came to be criticised particularly IK Gujral’s decision to dismantle India’s military ability to launch covert strikes against groups like the Lashkar-e-Taiba.

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Pradhan Mantri Fasal Bima Yojana (PMFBY)

In January earlier this year, in a move aimed at reducing the recurrence of agricultural distress without having to effect hefty hikes in the Minimum Support Prices (MSP), Narendra Modi led National Democratic Alliance government had announced a crop insurance scheme named Pradhan Mantri Fasal Bima Yojana (PMFBY).

Being implemented from Kharif season of 2016, the premium paid by farmers had been reduced to 2% of the insured value for the more rain-dependent kharif crop and 1.5% for the rabi season, compared with 3.5-8% charged for the two earlier schemes:

• National Agricultural Insurance Scheme (NAIS)
• Modified National Agricultural Insurance Scheme (MNAIS)

In the case of horticultural crops, farmers’ premium burden will be 5% of the sum assured or 50% of the total premium.

National Agricultural Insurance Scheme (NAIS) and Modified National Agricultural Insurance Scheme (MNAIS) have been discontinued from Kharif 2016, but the ongoing Weather Based Crop Insurance Scheme (WBCIS) and Coconut Palm Insurance Scheme would continue to operate while premium to be paid under WBCIS has been brought on a par with PMFBY.

New crop insurance scheme would provide a solution for the farmers problems in times of difficulty. Care had been taken to eliminate the shortcomings of previous crop insurance schemes, and create trust among farmers with regard to crop insurance. Technology would be used extensively with this scheme to ensure early settlement of claims, and exhorted farmers to take benefit of this scheme.

Under the PMFBY, there would be no upper limit on government subsidy on premium provided by centre and state governments. Even if the balance premium (after farmers’ contribution) is 90%, it will be borne by the government. In the earlier schemes, there was a provision of capping the premium rate which resulted in low claims being paid to farmers. This capping on premium was done to limit the government outgo on the premium subsidy. This would ensure that farmers get the full sum insured without any reduction or hassles from the 11 designated insurance companies if natural calamities ravage their crops. The crop insurance coverage is set to rise from 45 million hectares or 23% of the area under cultivation at present to 50% of the crop area by 2018-19.

Another benefit to farmers under the new crop insurance scheme is that losses incurred by them at any stage of the farming activity — from the sowing to the post-harvest season — would be covered. Earlier, only post-harvest losses can be offset by the insurance facility under the two existing schemes. Also, even those farmers who haven’t taken bank loans will be eligible for insurance cover under PMFBY.

Features:

• The new scheme will increase farmers income and resultant increase in rural demand.
• The subsidy would be borne by the Centre and the state government concerned equally.
• The use of technology which would be encouraged to a great extent.
• Smart phones will be used to capture and upload data of crop cutting to reduce the delays in claim payment to farmers.
• Remote sensing will be used to reduce the number of crop cutting experiments.
• In case there is crop loss to a loanee farmer who is not insured, the bank will have to make good the losses.

PMFBY if implemented properly across the country would mitigate farm distress to a large extent especially when the erratic climates have become a norm rather than exception. 

Minimum Support Prices (MSP)

Minimum Support Price

Minimum Support Price (MSP) is a form of market intervention by the Government of India to insure agricultural producers against any sharp fall in farm prices. The minimum support prices are announced by the Government of India at the beginning of the sowing season for certain crops on the basis of the recommendations of the Commission for Agricultural Costs and Prices (CACP). MSP is price fixed by Government of India to protect the producer - farmers - against excessive fall in price during bumper production years. The minimum support prices are a guarantee price for their produce from the Government. The major objectives are to support the farmers from distress sales and to procure food grains for public distribution. In case the market price for the commodity falls below the announced minimum price due to bumper production and glut in the market, government agencies purchase the entire quantity offered by the farmers at the announced minimum price.

Historical perspective of MSP

The Price Support Policy of the Government is directed at providing insurance to agricultural producers against any sharp fall in farm prices. The minimum guaranteed prices are fixed to set a floor below which market prices cannot fall. Till the mid 1970s, Government announced two types of administered prices :

• Minimum Support Prices (MSP)
• Procurement Prices

The MSPs served as the floor prices and were fixed by the Government in the nature of a long-term guarantee for investment decisions of producers, with the assurance that prices of their commodities would not be allowed to fall below the level fixed by the Government, even in the case of a bumper crop. Procurement prices were the prices of kharif and rabi cereals at which the grain was to be

domestically procured by public agencies (like the FCI) for release through PDS. It was announced soon after harvest began. Normally procurement price was lower than the open market price and higher than the MSP. This policy of two official prices being announced continued with some variation upto 1973-74, in the case of paddy. In the case of wheat it was discontinued in 1969 and then revived in 1974-75 for one year only. Since there were too many demands for stepping up the MSP, in 1975-76, the present system was evolved in which only one set of prices was announced for paddy (and other kharif crops) and wheat being procured for buffer stock operations.

Determination of MSP

In formulating the recommendations in respect of the level of minimum support prices and other non-price measures, the Commission takes into account, apart from a comprehensive view of the entire structure of the economy of a particular commodity or group of commodities, the following factors:-

• Cost of production
• Changes in input prices
• Input-output price parity
• Trends in market prices
• Demand and supply
• Inter-crop price parity
• Effect on industrial cost structure
• Effect on cost of living
• Effect on general price level
• International price situation
• Parity between prices paid and prices received by the farmers.
• Effect on issue prices and implications for subsidy

The Commission makes use of both micro-level data and aggregates at the level of district, state and the country. The information/data used by the Commission, inter-alia include the following :-

• Cost of cultivation per hectare and structure of costs in various regions of the country and changes there in;
• Cost of production per quintal in various regions of the country and changes therein;
• Prices of various inputs and changes therein;
• Market prices of products and changes therein;
• Prices of commodities sold by the farmers and of those purchased by them and changes therein;
• Supply related information - area, yield and production, imports, exports and domestic availability and stocks with the Government/public agencies or industry;
• Demand related information - total and per capita consumption, trends and capacity of the processing industry;
• Prices in the international market and changes therein, demand and supply situation in the world market;
• Prices of the derivatives of the farm products such as sugar, jaggery, jute goods, edible/non-edible oils and cotton yarn and changes therein;
• Cost of processing of agricultural products and changes therein;
• Cost of marketing - storage, transportation, processing, marketing services, taxes/fees and margins retained by market functionaries; and
• Macro-economic variables such as general level of prices, consumer price indices and those reflecting monetary and fiscal factors.

Source : Farmer Portal

Crops for which MSP is announced

Minimum support prices are currently announced for 25 commodities. They are as follows.

• Cereals (7) - paddy, wheat, barley, jowar, bajra, maize and ragi
• Pulses (5) - gram, arhar/tur, moong, urad and lentil
• Oilseeds (8) - groundnut, rapeseed/mustard, toria, soyabean, sunflower seed, sesamum, safflower seed and nigerseed
• Copra
• Raw cotton
• Raw jute
• Sugarcane
• Virginia flu cured (VFC) tobacco

National Solar Mission

The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi, gave its approval for stepping up of India’s solar power capacity target under the Jawaharlal Nehru National Solar Mission (JNNSM) by five times, reaching 1,00,000 MW by 2022. The target will principally comprise of 40 GW Rooftop and 60 GW through Large and Medium Scale Grid Connected Solar Power Projects. With this ambitious target, India will become one of the largest Green Energy producers in the world, surpassing several developed countries.

The total investment in setting up 100 GW will be around Rs. 6,00,000 cr. In the first phase, the Government of India is providing Rs. 15,050 crore as capital subsidy to promote solar capacity addition in the country. This capital subsidy will be provided for Rooftop Solar projects in various cities and towns, for Viability Gap Funding (VGF) based projects to be developed through the Solar Energy Corporation of India (SECI) and for decentralized generation through small solar projects. The Ministry of New and Renewable Energy (MNRE) intends to achieve the target of 1,00,000 MW with targets under the three schemes of 19,200 MW.

Apart from this, solar power projects with investment of about Rs. 90,000 crore would be developed using Bundling mechanism with thermal power. Further investment will come from large Public Sector Undertakings and Independent Power Producers (IPPs). State Governments have also come out with State specific solar policies to promote solar capacity addition.

The Government of India may also approach bilateral and international donors as also the Green Climate Fund for achieving this target. Solar power can contribute to the long term energy security of India, and reduce dependence on fossil fuels that put a strain on foreign reserves and the ecology as well. The solar manufacturing sector will get a boost with this long term trajectory of solar capacity addition. This will help in creation of technology hubs for manufacturing. The increased manufacturing capacity and installation are expected to pave way for direct and indirect employment opportunities in both the skilled and unskilled sector.

The new solar target of 100 GW is expected to abate over 170 million tonnes of CO2 over its life cycle. This Solar Scale-up Plan has a target of 40 GW through Decentralized Solar Power Generation in the form of Grid Connected Rooftop Projects. While Decentralized Generation will stabilise the grid, it will minimise investment on power evacuation.

To facilitate such a massive target, the Prime Minister’s Office has been pushing various Ministries to initiate supporting interventions, like:-

a) incorporating changes in land use regulations and tenancy laws to facilitate aggregation and leasing of land by farmers/ developers for solar projects;

b) identification of large chunks of land for solar projects;

c) identification of large government complexes/ buildings for rooftop projects;

d) clear survey of wastelands and identification of transmission/ road infrastructure using satellite technology for locating solar parks;

e) development of power transmission network/ Green Energy Corridor;

f) setting up of exclusive parks for domestic manufacturing of solar PV modules;

g) provision of roof top solar and 10 percent renewable energy as mandatory reform under the new scheme of Ministry of Urban Development;

h) amendments in building bye-laws for mandatory provision of roof top solar for new construction or higher FAR;

i) considering infrastructure status for solar projects; raising tax free solar bonds; providing long tenor loans; making roof top solar a part of housing loan by banks/ NHB and extending IIFCL credit facility to such projects by the Department of Financial Services;

j) suitable amendments to the Electricity Act for strong enforcement of Renewable Purchase Obligation (RPO) and for providing Renewable Generation Obligation (RGO);

k) incorporating measures in Integrated Power Development Scheme (IPDS) for encouraging distribution companies and making net-metering compulsory.

Background:

JNNSM was launched in 2009 with a target for Grid Connected Solar Projects of 20,000 MW by 2022. In the last two to three years, the sector has witnessed rapid development with installed solar capacity increasing rapidly from 18 MW to about 3800 MW during 2010 - 15. The price of solar energy has come down significantly from Rs.17.90 per unit in 2010 to under Rs.7 per unit, thereby reducing the need of VGF / GBI per MW of solar power. With technology advancement and market competition, this Green Power is expected to reach grid parity by 2017-18. These developments would enable India to achieve its present target of 20,000 MW. But considering its international commitment towards Green and climate friendly growth trajectory, the Government of India has taken this path-breaking decision.

Sukanya Samriddhi Account (SSA)

Features of Sukanya Samriddhi Account (SSA):

Who can open the account? – Sukanya Samriddhi a/c (or Khata) can be opened on a girl child’s name by her natural (biological) parents or legal guardian.

What is the Age limit? – SSA can be opened in the name of a girl child from the birth of the girl child till she attains the age of  10 years.  ( As per SB Order No. 2/2015 : The Girl child who is born on or after  02.12.2003 can open account )

How many accounts can be opened? – A depositor may open and operate only one account in the name of same girl child under this scheme. The depositor (or) guardian can open only two SSA accounts. There is one exception to this rule. The natural or legal guardian can open two or three accounts if twin girls are born as second birth or triplets are born in the first birth itself.

How to open a SSA account? Accounts in name of the girl child can be opened in post offices or in any branch of a commercial bank that is authorized by the Central Government to open an account under this scheme rules.

What is the minimum deposit to open the account? – The account may be opened with an initial deposit of one thousand rupees. The minimum contribution in any financial year is Rs 1000. Thereafter the contributions can in multiples of one hundred rupees.

What is the maximum deposit amount? – a minimum of one thousand rupees shall be deposited in a financial year but the total money deposited in an account on a single occasion or on multiple occasions shall not exceed Rs 1.5 Lakh in a financial year.

Deposits in an account may be made till the child completes fourteen years, from the date of opening of the account.

Is there any penalty? – If minimum (Rs 1000 pa) amount is not deposited, the account will be treated as an irregular account. This can be regularized/renewed on payment of Rs 50 per year as penalty. Along with this, the minimum specified subscription for the year (s) of default should be paid.

What is the mode of deposit? – The deposits in Sukanya Samruddhi scheme can be made in the form of Cash or Demand Draft or Cheque. Where deposit is made by cheque or demand draft, the date of encashment of the cheque or demand draft shall be the date of credit to the account. The cheque or DD should be drawn in favour of the postmaster of the concerned post office or the Manager of the concerned bank.The depositor (parents or guardian) has to write the account holder’s name (child’s name) and the account number on the backside of the instrument.

What is the Rate of Interest on Sukanya Samriddhi Account? – The applicable rate of interest on SSA for the financial year 2014-2015 is 9.1%. This is one of the highest rates of interest offered by Government on small savings scheme

Is interest rate fixed or variable? – The rate of interest is not fixed and will be notified by the central government on a yearly basis.

The account can be transferred anywhere in India if the girl shifts to a place other than the city or locality where the account stands.

Is Premature withdrawal allowed? – 50 % (half of the fund) of the accumulated amount in SSA can be withdrawn for girl’s higher education and marriage after she attains 18 years of age. The account’s balance at the end of preceding financial year is used for the calculation.

Can the girl child operate the account? On attaining age of ten years, the account holder that is the girl child may herself operate the account, however, deposit in the account may be made by the guardian or parents.

Is premature closure allowed? In the event of death of the account holder, the account shall be closed immediately on production of death certificate. the balance at the credit of the account shall be paid along with interest till the month preceding the month of premature closure of the account , to the guardian of the account holder.

The scheme would mature on completion of 21 years of the girl child, from the date of opening of the account, with an option of keeping the account till marriage.

Can the girl child continue the account after her marriage? – The operation of the account shall not be permitted beyond the date of the girl’s marriage.

What are the required documents to open Sukanya Samriddhi Account? – Birth certificate of the girl child has to be produced. The depositor (parents or guardian) has to submit his/her identity and address proofs.

On opening an account, the depositor shall be given a pass book. It will have date of birth of the girl child, date of opening of account, account number, name and address of the account holder and the initial amount deposited. The depositor has to present the passbook to the post office or bank at the time of depositing/receiving the interest/on maturity.

Tax Benefits on Sukanya Samriddhi Account Scheme

The amount that is deposited under Sukanya Samriddhi Account will be eligible for income tax exemption under Section 80C of Income Tax Act, 1961.

At present, only the contribution of up to Rs 1.5 lakh toward Sukanya Samridhi Yojana is eligible for tax deduction under Section 80C. But discussions are on to also exempt the interest income and withdrawal amount. We can expect a formal announcement on this in the coming Union Budget 2015-16.

(Issue of making interest income and withdrawal exempt from taxation can be done by Department of Revenue (DoR) through legislative amendments. The matter is under examination of DoR)

Sukanya Samriddhi Account vs Public Provident Fund (PPF)

Both Sukanya Samriddhi Account (SSA) and Public Provident Fund (PPF) aims to seed the savings habit but both schemes have their own pros and cons. Stressing on the girls role in making the India competitive and prosperous nation, Prime Minister Shri Narendra Modi has today launched a new small savings account for the girl child “Sukanya Samriddhi Account” as an integral part of the “Beti Bachao-Beti Padhao” campaign.

Sukanya Samriddhi Account was initially introduced by Shri Arun Jaitely in his maiden budget speech but has been officially launched today by Prime Minister Shri Narendra Modi. He has handed over bank account details to five girls under the “Sukanya Samridhi Yojna” (girl child prosperity scheme).

Sukanya Samridhi Yojna is a special deposit scheme for girl child only but one another popular scheme to benefit child (irrespective of girl or boy) is Public Provident Fund (PPF).

Let’s see the difference between Sukanya Samriddhi Account and Public Provident Fund (PPF)

Sukanya Samriddhi Account vs Public Provident Fund (PPF)

Points of Difference	Sukanya Samriddhi Account (SSA)	Public Provident Fund (PPF)
For whom	Only for Girl Child.	For every Indian Citizen.
Age Limit	From the birth till she attains age of 10 years.	No age limit.
By whom	By the girl child who has attained the age of 10 years or by the natural or legal guardian.	By the Individual but by the natural or legal guardian for the minor child.
Where to open	Post office and nationalized banks but not private banks.	Post office and nationalized banks, including private banks.
Number of Account	One account for each girl child, maximum up to 2 or 3 accounts if twin girls are born in the second birth or triplets are born in the first birth.	Each Individual can hold only one account in his name.
Minimum Contribution	Rs.1,000	Rs.500
Maximum Contribution	Rs.1.5 lakhs in all accounts.	Rs.1.5 lakhs in all accounts.
Interest Rate	9.1% per annum for fiscal year 2014-15.	8.70% per annum for fiscal year 2014-15.
Tax Benefit on the Contribution	Contributed Amount will be deductible u/s 80C.	Contributed Amount will be deductible u/s 80C.
Tax Benefit on the interest earned	At present no tax benefit is announced for the interest earned. A mere sum of Rs.1,5o0 will be deductible u/s 10(32) .	Interest Earned is tax free under PPF.
Time Period of contribution	Minimum tenure of contribution is 14 years from the date of opening of account.	Minimum 15 years and then in blocks of 5 years.
Maturity	21 years from the date of opening of account.	15 years from the fiscal year of opening of account.
Penalty	Rs.50 per year if minimum contribution is not made.	Rs.50 per year if minimum contribution is not made.
Mode of Deposit	Cash or Demand Draft or Cheque	Cash or Demand Draft or Cheque
Premature Withdrawal	Allowed up to 50% for the girl’s higher education and marriage after she attains 18 years of age	No premature withdrawal is allowed except in case of death of the account holder.
Loan	No loan can be taken on the SSA balance.	Loan can be taken from the third year of opening of account to the sixth year.
Taxation on Maturity	No tax will be levied on the maturity amount.	No tax will be levied on the maturity amount.

Vishaka Guidelines

Guidelines and norms laid down by the Hon’ble Supreme Court in Vishaka and Others Vs. State of Rajasthan and Others(JT 1997 (7) SC 384)

HAVING REGARD to the definition of ‘human rights’ in Section 2 (d) of the Protection of Human Rights Act, 1993, TAKING NOTE of the fact that the present civil and penal laws in India do not adequately provide for specific protection of women from sexual harassment in work places and that enactment of such legislation will take considerable time, It is necessary and expedient for employers in work places as well as other responsible persons or institutions to observe certain guidelines to ensure the prevention of sexual harassment of women.

Duty of the Employer or other responsible persons in work places and other institutions

It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts, of sexual harassment by taking all steps

required.

Definition

For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as:

a) Physical contact and advances;

b) A demand or request for sexual favours;

c) Sexually coloured remarks;

d) Showing pornography;

e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Where any of these acts is committed in circumstances where-under the victim of such conduct has a reasonable apprehension that in relation to the victim’s employment or work whether she is drawing salary, or honorarium or voluntary, whether in government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim

does not consent to the conduct in question or raises any objection thereto.

Preventive Steps

All employers or persons in charge of work place whether in public or private

sector should take appropriate steps to prevent sexual harassment. Without

prejudice to the generality of this obligation they should take the following

steps:

A. Express prohibition of sexual harassment as defined above at the work place should be notified, published and circulated in appropriate ways.

B. The Rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.

C. As regards private employers, steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.

D. Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.

Criminal Proceedings

Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority.

In particular, it should ensure that victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.

Disciplinary Action

Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules.

Complaint Mechanism

Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer’s organisation for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints.

Complaints Committee

The complaint mechanism, referred to above, should be adequate to provide, where necessary, a Complaints Committee, a special counsellor or other support service, including the maintenance of confidentiality. The Complaints Committee should be headed by a woman and not less than half of its member should be women. Further, to prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment.

The Complaints Committee must make an annual report to the Government department concerned of the complaints and action taken by them. The employers and person in charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department.

Worker’s Initiative

Employees should be allowed to raise issues of sexual harassment at a workers’ meeting and in other appropriate forum and it should be affirmatively discussed in Employer-Employee Meetings.

Awareness

Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner.

Third Party Harassment

Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.

The Central/State Governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in Private Sector.

These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993. 

Main Recommendations of Punchhi Commission

Related Article:
Centre State Relations
Inter-State Council

There should be an amendment in Articles 355 and 356 to enable the Centre to bring specific trouble- torn areas under its rule for a limited period.

I. The commission has proposed "localizing emergency provisions" under Articles 355 and 356, contending that localized areas-either a district or parts of a district - be brought under Governor's rule instead of the whole state. Such an emergency provision should however not be of duration of more than three months.

II. The commission however supports their right to give sanction for the prosecution of ministers against the advice of the state government.

III. To make an amendment in the Communal Violence Bill to allow deployment of Central forces without the state's consent for a short period. It has proposed that state consent should not become a hurdle in deployment of central forces in a communal conflagration. However, such deployment should only be for a week and post-facto consent should be taken from the state.

IV. Among the significant suggestions made by the Commission is, lying down of clear guidelines for the appointment of chief ministers. Upholding the view that a pre-poll alliance should be treated as one political party, it lays down the order of precedence that ought to be followed by the governor in case of a hung house:

• Call the group with the largest prepoll alliance commanding the largest number;
• The single largest party with support of others;
• The post-electoral coalition with all parties joining the government; and last
• The post electoral alliance with some parties joining the government and remaining including Independents supporting from outside.

V. The panel also feels that governors should have the right to sanction prosecution of a minister against the advice of the council of ministers. However, it wants the convention of making them chancellors of universities done away with.

VI. As for qualifications for a governor, the Punchhi commission suggests that the nominee not have participated in active politics at even local level for at least a couple of years before his appointment. It also agrees with the Sarkaria recommendation that a governor be an eminent person and not belongs to the state where he is to be posted.

VII. The commission also criticizes arbitrary dismissal of governors, saying, "the practice of treating gov­ernors as political football must stop".

VIII. There should be critical changes in the role of the governor - including fixed five-year tenure as well as their removal only through impeachment by the state Assembly. It has also recommended that the state chief minister have a say in the appointment of governor.

IX. Underlining that removal of a governor be for a reason related to his discharge of functions, it has proposed provisions for impeachment by the state legislature along the same lines as that of Presi­dent by Parliament. This, significantly, goes against the doctrine of pleasure upheld by the recent Supreme Court judgment.

X. Endorsing an NCRWC recommendation, it says appointment of governor should be entrusted to a committee comprising the Prime Minister, Home Minister, Speaker of the Lok Sabha and chief min­ister of the concerned state. The Vice-President can also be involved in the process.

XI. Unlike the Sarkaria report, the Punchhi report is categorical that a governor be given fixed five-year tenure. The Punchhi Commission report also recommends that a constitutional amendment be brought about to limit the scope of discretionary powers of the governor under Article 163 (2). Governors should not sit on decisions and must decide matters within a four-month period.

XII. The creation of an overriding structure to maintain internal security along the lines of the US Home­land Security department, giving more teeth to the National Integration Council.

XIII. For the National Integration Council (NIC), the commission has proposed that it should meet at least once a year. In case of any communal incident, it has said that a delegation of five members of the Council, who would be eminent persons, should visit the affected area within two days National debate and submit a fact-finding report.

XIV. The commission, however, rejects a suggestion from some stakeholders as well as the Liberhan Commission that the NIC be accorded constitutional status.

XV. The commission has also studied new set-ups like the National Investigation Agency, and recommended procedures to ensure smooth co-operation of the states in terror investigations entrusted to NIA. One can say that the extreme politicization of the post of Governor must be decried and certain specific norms for the appointment and removal have to be evolved.

XVI. The recent ruling of the Supreme Court has indicated that the sanctity of this constitutional post should be preserved. In democracy, nobody can have absolute power in the name of smooth administration and good governance. The administrative apparatus has to be in the line of the constitution, which was prepared by the people of the country and amended by the elected representative of the people of India. The 'doctrine of pleasure' has to be understood in this light.