Department of Biotechnology in the Ministry of Science and Technology, Government of India, celebrated its 33rd Foundation Day today in New Delhi with the theme as "Celebrating Biotechnology: Building Indian as an Innovation Nation".
On the occasion Union Minister for Science & Technology, Dr. Harsh Vardhan gave away the Biotechnology Research Innovation and Technology Excellence (BRITE) awards. The Union Minister emphasized the role of Department of Biotechnology during the last 33 years in creating a large scale impact across the multiple sectors by development and commercialization of affordable solutions for healthcare, improved crop varieties, animal diagnostics and technology for generation of clean energy. Further, he highlighted the progress made in the area of capacity building, generation of new knowledge, translational research and in nurturing of Biotechnology startup ecosystem.
The Minister announced key missions at the foundation day ceremony including Atal JaiAnusandhan Biotech Mission - Undertaking Nationally Relevant Technology Innovation (UNaTI), which is expected to transform Health, Agriculture and Energy sectors during the next 5 years. This mission includes GARBH-ini - A Mission to promote Maternal and Child Health and develop prediction tools for pre-term berth, IndCEPI - A Mission to develop affordable vaccines for endemic diseases, Development of Biofortified and Protein Rich wheat - contributing to POSHAN Abhiyan, Mission on Anti Microbial Resistance for Affordable Diagnostics and Therapeutics and Clean Energy Mission - Innovative Technology interventions for Swachh Bharat.
Dr. Harsh Vardhan further informed that the Department has recently established Skill Development Centers at various institutions and also collaborated with State Council of Science and Technology for implementation of Skill Vigyan programme which aims to provide high quality hands on training in tools and techniques in multidisciplinary area of biotechnology for entry level students. On the occasion, the Union Minister also unveiled short film on DBT activities, launched new DBT website and released Coffee Table book.
The Science & Technology Minister also highlighted that Discovery research and generation of new knowledge of biological sciences is very important and is fundamental and foundation of innovation and Department's support to competitive R&D activities in biotechnology has resulted in more than 6000 publications.
The President of India, Shri Ram Nath Kovind, presented the Gandhi Peace Prize for the years 2015, 2016, 2017 and 2018 in the presence of the Prime Minister and other dignitaries, at a function held at Rashtrapati Bhavan today (February 26, 2019).
The Gandhi Peace Prize was presented to the Vivekananda Kendra, Kanyakumari for 2015, jointly to the Akshaya Patra Foundation and the Sulabh International for 2016, to the Ekal Abhiyan Trust for 2017, and to Shri Yohei Sasakawa for 2018.
Speaking on the occasion, the President said that Gandhian thinking, Gandhian modes of struggle and Gandhian ideals of achieving human liberty by conciliation, by appealing to the conscience of the opponent, have influenced some of the greatest of our age. From Martin Luther King Jr in the United States to Nelson Mandela in South Africa and Lech Walesa in Poland, a dazzling galaxy of statespersons has learnt and borrowed from Gandhiji. Gandhiji and his thoughts are invaluable to any understanding of contemporary human history, and of the quest to redress oppression and inequity.
The President said that Mahatma Gandhi remains relevant to 21st century concerns as well. In his advocacy of sustainability, ecological sensitivity and living in harmony with nature, he anticipated some of the pressing challenges of our times. The Sustainable Development Goals adopted by the United Nations are Gandhian philosophy in action. India’s pivotal role in the International Solar Alliance and its domestic Swachh Bharat Mission – aimed at the universalisation of modern sanitation – too are reflective of Gandhiji.
Pointing to the contributions made by the awardees, the President said that the Vivekananda Centre has promoted self-help, sustainability and development throughout our country, especially in areas populated by tribal communities. It has built capacities in education and health, and in a sensitive and meaningful approach to rural development and harnessing of natural resources. The Akshaya Patra Foundation has advanced education and cognition by working to remove hunger and enhance nutrition. It has leveraged modern technology to provide quality meals to schoolchildren. The Sulabh International and its founder Dr Bindeshwar Pathak were sanitation pioneers, advocating the merits of sanitation and advocating toilets in days and years when not many others were. The Ekal Abhiyan Trust is helping 2.2 million children – 52 per cent of them girls – access education. Many of its initiatives benefit tribal communities. Mr Yohei Sasakawa has been instrumental in helping us win crucial battles in the war against leprosy – to prevent and eradicate the disease, and to end stigma and discrimination.
The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 is listed for passage in Rajya Sabha today. Earlier this year, the Bill was introduced and passed in Lok Sabha. It provides for the prevention, rescue, and rehabilitation of trafficked persons. If the Bill is not passed today, it will lapse with the dissolution of the 16th Lok Sabha. In this post, we analyse the Bill in its current form.
What was the need for a new law? According to the National Crime Records Bureau, 8,132 human trafficking cases were reported in India in 2016 under the Indian Penal Code, 1860.[i] In the same year, 23,117 trafficking victims were rescued. Of these, the highest number of persons were trafficked for forced labour (45.5%), followed by prostitution (21.5%).
In India, the offence of trafficking is dealt with under different laws. Trafficking is primarily an offence under the Indian Penal Code, 1860. It defines trafficking to include recruiting, transporting, or harboring persons by force or other means, for exploitation. In addition, there are a range of laws presently which deal with bonded labour, exploitation of children, and commercial sexual exploitation. Each of these laws operate independently, have their own enforcement machinery and prescribe penalties for offences related to trafficking.
In 2015, pursuant to a Supreme Court order, the Ministry of Women and Child Development constituted a Committee to identify gaps in the current legislation on trafficking and to examine the feasibility of a comprehensive legislation on trafficking.[ii] Consequently, the Trafficking Bill was introduced in Lok Sabha by the Minister of Women and Child Development, Ms. Maneka Gandhi in July, 2018.
What does the Bill seek to do? The Bill provides for the investigation of trafficking cases, and rescue and rehabilitation of trafficked victims. It includes trafficking for the purposes of sexual exploitation, slavery, or forced removal of organs. In addition, the law also considers trafficking for certain purposes, such as for begging or for inducing early sexual maturity, to be an aggravated form of trafficking. These forms of trafficking attract a higher punishment.
In order to punish trafficking, the Bill provides for the setting up of investigation and rehabilitation authorities at the district, state and national level. The primary investigation responsibility lies with anti-trafficking police officers and anti-trafficking units constituted at the district level. The authority at the national level can take over investigation of cases referred to it by two or more states.
The Bill also provides for the setting up of Protection Homes and Rehabilitation Homes to provide care and rehabilitation to the victims. The Bill supplements the rehabilitation efforts through a Rehabilitation Fund, which will be used to set up the Protection and Rehabilitation Homes. Special Courts will be designated in every district to complete trial of trafficking cases within a year.
Additionally, the Bill specifies penalties for various offences including for promotion of trafficking and trafficking with the aid of media. All offences are cognizable (i.e. police officer can arrest without a warrant) and non-bailable. If a person is found guilty under the Bill and also under any other law, the punishment which is higher will apply to the offender.
How does the Bill compare with existing trafficking laws? The current Bill does not replace but adds to the existing legal framework. As discussed above, currently a range of laws deal with various aspects of trafficking. For instance, the Immoral Traffic (Prevention) Act, 1986 covers trafficking for commercial sexual exploitation while the Bonded Labour System (Abolition) Act, 1976 deals with punishment for employment of bonded labour. These laws specify their own procedures for enforcement and rehabilitation.
One of the challenges with the Bill is that these laws will continue to be in force after the Bill. Since each of these laws have different procedures, it is unclear as to which procedure will apply in certain cases of trafficking. This may result in overlap in implementation of these laws. For instance, under the ITPA, 1986, Protective Homes provide for rehabilitation of victims of sexual exploitation. The Bill also provides for setting up of Protection Homes. When a victim of sexual exploitation is rescued, it is not clear as to which of these Homes she will be sent to. Further, each of these laws designate special courts to hear offences. The question arises as to which of these courts will hear the case.
Are the offences in the Bill reasonably tailored? As discussed earlier, the Bill imposes penalties for various offences connected with trafficking. One of the offences states that if trafficking is committed on a premise, it will be presumed that the owner of the premise had knowledge of the offence. The implication of this would be that if an owner lives in a different city, say Delhi, and lets out his house in Mumbai to another person, and this person is discovered to be detaining girls for sexual exploitation on the premise, it will be presumed that the owner knew about the commission of the offence. In such circumstances, he will have to prove that he did not know about the offence being committed on his premise. This provision is a departure from the standard principle in criminal law where the guilt of the accused has to be proved and not presumed.
There are other laws where the owner of a property is presumed guilty. However, the prosecution is required to prove certain facts before presuming his guilt. For instance, under the Narcotics and Psychotropic Substances Act, 1985 it is presumed that the owner has knowledge of an offence committed on his property. However, the Bill clarifies that the presumption will only apply if the prosecution can prove that the accused was connected with the circumstances of the case. For instance, an owner of a truck is not presumed to be guilty only because his truck was used for transporting drugs.[iii] However, he may be considered guilty if he was also driving the truck in which drugs were transported.[iv] The Bill does not contain such safeguards and this provision may therefore violate Article 21 of the Constitution which requires that laws which deprive a person of his life or personal liberty should be fair and reasonable.[v]
Does the Bill provide any protection to trafficking victims compelled to commit crimes? The Bill provides immunity to a victim who commits an offence punishable with death, life imprisonment or imprisonment for 10 years. Immunity to victims is desirable to ensure that they are not prosecuted for committing crimes which are a direct consequence of them being trafficked.[vi] However, the Bill provides immunity only for serious crimes. For instance, a trafficked victim who commits murder under coercion of his traffickers may be able to claim immunity from being tried for murder. However, if a trafficked victim commits petty theft (e.g. pickpocketing) under coercion of his traffickers, he will not be able to claim immunity.
Further, the immunity is only available when the victim can show that the offence was committed under coercion, threat, intimidation or undue influence, and there was a reasonable apprehension of death or injury. Therefore, it may be argued that the threshold to claim immunity from prosecution may be too high and may defeat the purpose for providing such immunity.
As part of the ongoing India Bangladesh defence cooperation, a joint military exercise Sampriti-2019 will be conducted at Tangail, Bangladesh from 02 March to 15 March 2019. Exercise Sampriti-2019 is an important bilateral defence cooperation endeavour between India and Bangladesh and this will be the eighth edition of the exercise which is hosted alternately by both countries.
The exercise is aimed to strengthen and broaden the aspects of interoperability and cooperation between the Indian and Bangladesh Armies. The exercise will involve tactical level operations in a counter insurgency and counter terrorism environment under the UN mandate.
In addition to understanding each other in tactical level operations, emphasis will also be laid for greater cultural understanding to strengthen military trust and cooperation between the two nations.