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Indian Express
15 hours ago
- Politics
- Indian Express
The real question is not whether we agree with what Sharmistha Panoli said
Before this week, I had never heard of Sharmistha Panoli. A law student from Pune, she was unknown to the wider public until her recent arrest by the Kolkata Police over an Instagram story about Operation Sindoor. But in the span of a few days, she has become the latest symbol of how speech, particularly on sensitive religious or political themes, is being policed with alarming ease in India. Her case adds to a growing list of individuals across professions and ideologies who have been targeted not for inciting violence or causing harm, but for expressing opinions that upset entrenched sensitivities. This is not an isolated occurrence. It is part of an expanding trend where comedians, students, content creators, and ordinary citizens find themselves entangled in criminal proceedings for speech that would, in any healthy democracy, be dismissed as opinion, satire, or dissent. Looking back at the 2021 arrest of comedian Munawar Faruqui in Indore, the pattern is unmistakable. Faruqui was taken into custody based on allegations that he might have hurt religious sentiments without any conclusive evidence that he had actually said anything objectionable at all. Despite the absence of clear proof, he spent over a month in jail. This was not the enforcement of law; it was the use of the law to intimidate and punish. Ranveer Allahbadia, widely known as BeerBiceps recently found himself facing FIRs across multiple jurisdictions for a spontaneous remark made in a show. His tone may have been satirical, even immature, but it was hardly criminal. Yet, across social media and police complaints, outrage translated into legal action. What was once comic exaggeration is now treated as derogatory or controversial speech. Even comics like Kunal Kamra have faced legal scrutiny for expressing critical views about the judiciary and a Maharashtra-based political party. Although contempt proceedings did not ultimately succeed, the fact that they were initiated at all shows the shrinking space for public engagement with institutions. The message is chilling: Humour, critique, and unorthodox views now come with the threat of real consequences. The arrest of Sharmistha Panoli must be examined within this context. It is essential to locate these incidents within the framework of India's penal provisions. Sections such as 153A of the Indian Penal Code (now Section 196 of the Bharatiya Nyaya Sanhita, 2023) and 295A IPC (now Section 299 BNS) were crafted with specific thresholds: The promotion of enmity between groups, or deliberate acts intended to outrage religious feelings, respectively. These are not intended to criminalise criticism or satire but to prevent acts that pose a clear and present danger to public order. Both provisions require proof of deliberate and malicious intent, a high bar that ensures the state does not casually suppress expression. The Constitution, under Article 19(1)(a), guarantees freedom of speech and expression. And while Article 19(2) allows for reasonable restrictions, those restrictions are meant to be carefully and narrowly applied. In Shreya Singhal vs Union of India (2015), the Supreme Court clarified that only speech which incites imminent lawless action can be criminalised. Anything short of that is constitutionally protected. Yet, that benchmark is routinely ignored by enforcement agencies. The danger is not only legal but cultural. A climate of hypersensitivity is being allowed, sometimes even encouraged, to override the fundamental right to free expression. It is no longer necessary to incite violence to get arrested. One only needs to say something provocative, or unpopular, or irreverent, especially on matters of faith. Speech is judged not by its legality, but by its potential to cause outrage. This creeping culture of intolerance weakens our constitutional democracy. It corrodes the idea of public reason that democratic systems depend upon. It also flips the burden: Instead of the state having to justify a restriction on speech, the citizen must now justify why their expression should not be criminalised. It bears repeating that disagreement, offence, or even remarks made in bad taste are not grounds for arrest. In a plural and diverse society like India, different viewpoints, even uncomfortable or controversial ones, must be accommodated unless they present a real and immediate threat to public order. This is the bedrock of constitutionalism. The consequences of arrest are far-reaching. Even when bail is eventually granted or charges are dropped, the process itself becomes punishment. It damages reputations, chills further expression, and reinforces the idea that it is safer to remain silent than speak one's mind. This is especially dangerous when applied to students and young professionals. The arrest or harassment of a law student like Sharmistha Panoli, or the above-mentioned comedians, indicates a clear pattern which cuts across ideology, gender, and geography. This does not reflect a society that values public debate. It reflects one that fears it. In the end, the real question is not whether we agree with what Sharmistha Panoli said. The question is whether we are willing to live in a country where the price of speaking is a prison cell. If that becomes the norm, then it is not just free speech that suffers, it is our collective claim to be a constitutional democracy. The writer is a legal researcher specialising in constitutional law, based in Delhi


Indian Express
7 days ago
- Business
- Indian Express
From across country, 60-member group of tour operators embarks on ‘solidarity' tour of Kashmir
With J&K Chief Minister Omar Abdullah pushing for a return of tourists to the Valley after the industry took a big hit following last month's Pahalgam terror attack, a 60-member group of tour operators from across the country has embarked on a 'solidarity' visit to Kashmir. This is the first group of tour operators from outside Jammu and Kashmir to visit the Valley after the April 22 terror attack in which 25 tourists and a local man were shot dead in Pahalgam. The visit is expected to give a push to the government's plans to revive tourism. The government is also planning to set up a memorial for those killed in the terror attack. The visitors include representatives of 26 major tour operators and are led by Maharashtra-based Abhijeet Patil, who met CM Omar Abdullah in Pahalgam on Tuesday. 'This tour is more of a solidarity trip with the people of Kashmir to celebrate bonhomie,' Patil, from Raja Rani Travels, told The Indian Express. 'After the (Pahalgam) attack, we saw how the people spontaneously condemned it. We thought we also need to stand by them,' he said. Patil said that tour operators from Maharashtra had reached out to the Chief Minister after the attack. 'Initially, we were 10-12 operators. But then it went up, and today we are 60 members here (in Pahalgam),' he said. 'The entire travel industry is being represented, and it is beyond our expectations. We wanted to show solidarity with the people of Kashmir and send the right kind of message.' Chief Minister Abdullah, after holding a Cabinet meeting in Pahalgam in an effort to instil confidence in tourists, interacted with tourism stakeholders from the Valley as well as the tour operators from outside J&K. 'In my mind, the most important thing is, it is very heartening that this initiative came from them. They said they want to come,' Abdullah said. Patil said they did not want any assurances from the government, just correct and timely information. 'To be honest, we are here on a friendship trip and we want to build on that,' he said. In Pahalgam for the Cabinet meeting, Abdullah on Tuesday cycled through town to send a message that the Valley is safe. The J&K government has decided to set up a memorial for those killed on April 22. The memorial will be set up at the Baisaran meadow in Pahalgam, where the tourists were killed. The J&K government is also planning to participate in tour and travel festivals across the country in its effort to bring tourists back to the Valley. 'We are exploring how best we can participate in the upcoming travel fairs, especially TTF Kolkata and Ahmedabad,' Omar said. 'We are working with stakeholders and tourism officials… We hope that, God willing, with the successful culmination of the Amarnath Yatra, we can tap into some traffic from West Bengal during Puja holidays,' the Chief Minister said. Bashaarat Masood is a Special Correspondent with The Indian Express. He has been covering Jammu and Kashmir, especially the conflict-ridden Kashmir valley, for two decades. Bashaarat joined The Indian Express after completing his Masters in Mass Communication and Journalism from the University in Kashmir. He has been writing on politics, conflict and development. Bashaarat was awarded with the Ramnath Goenka Excellence in Journalism Awards in 2012 for his stories on the Pathribal fake encounter. ... Read More


Time of India
27-05-2025
- Business
- Time of India
An import duty hike promised to support Indian farmers. Instead, prices crashed
For many years, Anand Kumar Baghel, a 54-year-old farmer from Hatod Tehsil in Indore,has been growing maize and pulses on his 1.5 acres of land. However, the potential for higher profits enticed him to switch to soybean farming last year. Now he wishes he hadn't made that choice. He sold his 10 quintals of soybean harvest in two quality-based batches at Indore's Lakshmi Bai Nagar APMC ( mandi ) in the open market to traders, earning Rs 2,500 per quintal for one batch and Rs 1,900 for the other—much lower than the minimum support price ( MSP ) of 4,892 per quintal. Soybean farmers in Madhya Pradesh are facing challenges due to erratic monsoon patterns, which have significantly impacted the region's soybean cultivation, a major source of income for many farmers. Madhya Pradesh and Maharashtra are the two largest soybean-producing states in the country, contributing 54% and 30%, respectively, to India's total production. Adding to the woes, 'rising input costs have severely impacted our profitability,' says Baghel. 'With seed, fertiliser, and labour prices doubling, farmers are struggling, as their returns have remained stagnant—unchanged for over a decade,' he says. 'If farmers don't get fair prices for their produce, they will be discouraged from sowing the same crop in the future. This season, soybean prices fell Rs 500-1,000 short of the MSP, highlighting the challenges farmers face, says Anil Ghanwat, President, Shetkari Sanghatana, a Maharashtra-based farmers' union. He claims that farmers sell their produce in the open market throughout the year, often at unfavourable prices. ET Online This isn't a challenge exclusive to soybeans; it exists in other edible oil crops, such as groundnut and mustard, too. To help local farmers secure better prices for their kharif oilseeds, the government hiked the duty on vegetable oil imports in September 2024; the basic customs duty on crude palm, soybean and sunflower oils was raised from 5.5% to 27.5%, while the duty on refined grades was set at 35.75%, thereby making imports more expensive. Live Events However, the increase in import duty did not yield the desired outcome. The prices stayed not only below the MSP but also lower than the levels seen during the period of duty-free imports, suggesting that the duty hike has not reversed the downward price trend. For example, soybean prices dropped from Rs 4,184 per quintal in October 2024 to Rs 3,962-4,080 in the first week of April 2025 in Madhya Pradesh and from Rs 4,145 to Rs 3,944 during the same period in Maharashtra, against an MSP of Rs 4,892. For groundnut, prices remained in the range of Rs 5,975 and Rs 6,080 per quintal, below the MSP of Rs 6,783. 'For soybean, the mandi prices in Madhya Pradesh mostly operated 15-17% below MSP during the harvest time (November-December 2024) despite the government procurement. The all-India average groundnut price stood also much below MSP during harvest,' says S.P. Kamrah, Secretary General of the Indian Vegetable Oil Producers' Association (IVPA). Industry stakeholders and experts attribute this to various factors, including global market influences, crushing margin challenges and trade loopholes. They believe that a more pragmatic approach is required to address these issues. Crushed at the root India's per capita consumption of edible oil has increased sharply over the past decades, reaching 19.7 kg per year, according to a report by NITI Aayog last August. The increase in demand has significantly surpassed domestic production, resulting in a heavy dependence on imports to meet both domestic and industrial requirements. In FY24, India produced a total of 39.7 million tonnes (MT) of oilseeds, compared to 41.4 MT in FY23, 38 MT in FY22, 35.9 MT in FY21 and 33.2 MT in FY20, according to the data by the Directorate of Oilseeds Development. iStock For soybean, the mandi prices in Madhya Pradesh mostly operated 15-17% below MSP during the harvest time (November-December 2024) despite the government procurement. Despite the government's several initiatives to achieve self-sufficiency, production has not grown at the same pace as consumption. India's still 15-16 million tonnes annually, spending billions of dollars to meet domestic demand. India is a major importer of edible oils, relying on imports to meet around 60% of its total needs. Palm oil accounts for a significant portion of these imports, nearly 60%, followed by soft oils like soybean and sunflower. 'India's edible oil consumption is 26 million tonnes per year, while domestic production meets only 16 million tonnes. Increasing import duty on vegetable oil could help in supporting local farmers,' says Pasha Patel, Chairman, Maharashtra State Agricultural Price Commission. 'While the government increased the import duty by 20% in September, we had requested a 35% increase. An increased duty might have pushed oilseed prices above the MSP,' Patel adds. Despite India's heavy reliance on imports, farmers like Baghel are struggling to get fair prices for their produce. Some are even having difficulty finding buyers, forcing them to hold onto it for more days. This delay could potentially impact the quality of oilseeds, making it even more challenging for them to sell. Experts could not provide the total volume figure or percentage range of edible oil crops currently held by farmers, processors and traders; however, they believe it is substantial, which has crushed their hopes for better returns. Oil, toil and trouble For the uninitiated, oilseeds consist of two main components: oil and meal. The ratio of oil to meal differs by type; for instance, soybeans contain 18% oil and 82% meal, while mustard and sunflower have 40% oil and 60% meal. After harvest, farmers sell oilseeds to traders and processors. Millers or processors crush the oilseeds and subsequently sell the oil and meal separately. Margins vary based on the crop and its quality. For instance, soybean meal (SBM) generates most of the revenue for soybean processors, accounting for over 80% of the raw material's value. However, the domestic demand for soybean meal has decreased over the past two years, primarily due to the heavy availability of rice and maize Distiller's Dried Grains with Solubles (DDGS), a by-product of ethanol production. According to experts, the poultry sector, the major buyer of SBM, is shifting towards DDGS, a cheaper alternative to SBM. This has reduced demand for soybean meals, which led to reduced crushing, resulting in decreased buying and subsequently lower soybean prices. Rahul Chauhan, Director, IGrain India, says, 'Due to the high usage of DDGS, the overall demand of oilmeals within India reduced drastically. This decrease in prices has reduced the profitability of crushers,' says Chauhan. 'The situation is further exacerbated by the overall high availability of SBM in global markets at lower prices versus Indian SBM, leading to lower exports of Indian SBM, Kamrah explains. Higher import duties may not benefit domestic oilseed farmers if crushing economics aren't favourable, according to experts. They say idle mills resulting from unprofitable meal exports will restrict farmgate demand, thereby making crushing economics more crucial than import volumes. The negative crushing margins are attributed to weak global meal prices, which are a result of South America's oversupply and capped oil premiums due to competitive imports. Kamrah states that weak global meal prices have pushed margins into negative territory. So, even after the government hiked import duties, many crushers have reduced processing volumes due to losses, leading to limited demand for domestic oilseeds, leaving farmers like Baghel in the lurch. The profitability of the mills hinges on the difference between revenues generated from edible oil and oil meal sales and the input costs. iStock The negative crushing margins are attributed to weak global meal prices, which are a result of South America's oversupply and capped oil premiums due to competitive imports. Additionally, excessive imports of palm oil, often blended with other oils, put local farmers at a disadvantage due to unfair competition, resulting in low prices for their produce, says Shetkari Sanghatana's Ghanwat. Blending palm oil with other oils, typically in the 30% to 40% range, is a common practice to achieve desired food properties. This blending ratio is often used to balance the characteristics of the final product. He suggests that regulating imports and enforcing stringent blending limits could benefit farmers as well as consumers. Trade loopholes While the profitability of mills and global demand dynamics are important aspects of this discussion, it is essential to consider trade loopholes. According to agriculture economist Deepak Pareek, imported edible oils are being rerouted through countries like Nepal, using bilateral trade agreements to bypass duties. He says, 'This duty avoidance dilutes the effectiveness of the tariff increase.' Kamrah notes that the Indian duty hike has triggered zero import duties under the South Asian Free Trade Area (SAFTA). Trade expects about 1 million tonnes of zero-duty imports from SAFTA countries, especially from Nepal. 'While this is bad for the domestic industry, it also dampened domestic sentiment, and hence, oilseed prices also came under pressure,' adds Kamrah. All this emphasises the pressing need to tackle production and supply chain issues. On February 10, 2025, the Solvent Extractors' Association of India (SEA) wrote to Prime Minister Narendra Modi highlighting concerns over duty-free imports under SAFTA, which they said were causing a 'massive influx' of refined soybean and palm oils from Nepal and other South Asian countries. Under SAFTA, Nepalese refiners have been exploiting a duty advantage by importing crude oil and exporting refined oil to India at discounted prices, taking advantage of the trade agreement's preferential tariffs, SEA says. Between October 15, 2024, and January 15, 2025, Nepal imported 194,974 tonnes of edible oil, mainly crude soybean and sunflower oil, and exported 107,425 tonnes to India, according to the trade data. Nepal's import volume exceeded its monthly requirement of 35,000 tonnes, indicating significant refining and re-export activity. Notably, Nepal's exports of soybean oil to India have surged, despite the country producing little soybean oil itself. Global tariff war: Pain ahead The reciprocal tariffs imposed by US President Donald Trump, which are set to expire on July 9, have resulted in increased volatility in vegetable oil prices. According to trade data, the tariff announcements have led to a 7-8% drop in crude oil benchmarks, impacting related vegetable oil contracts. Additionally, China's recent announcement of a further 10% tariff on US soybeans has significantly reduced US exports. Experts say that this move has led to a decline in global edible oil prices, with US soybean oil futures dropping over 2% and palm oil and sunflower oil prices falling 3-4% in early April 2025. They anticipate a period of softer global edible oil prices, which could limit price gains for oilseed farmers in India. iStock For the duty hike to result in sustained price increases in domestic prices that benefit farmers, concurrent support is necessary to improve yields, processing efficiencies, and overall value chain integration. 'These tariffs create a shift in trade flows, with countries looking for alternative suppliers, which may impact the availability and pricing of these oils globally. As a result, India could face higher prices for palm, sunflower, and soybean oils, which are key imports. In response, India should focus on enhancing domestic production through targeted policies, such as those included in the National Mission on Edible Oils-Oilseeds,' says Nilachal Mishra, Partner and Head of Government & Public Services at KPMG India. The Path Forward The current oilseed situation in India poses a multifaceted challenge. 'Firstly, there is no quick fix. Reducing import dependency requires a calibrated, multi-year strategy that balances farmer incentives, consumer affordability and market stability,' says Kamrah. He suggests adopting a dynamic duty slab system wherein duties on crude and refined edible oils would automatically adjust within pre-defined bands tied to global price benchmarks. Secondly, he requests maintaining a duty gap of 15-20% compared to the current 7.5% to incentivise domestic refining and value addition. Kamrah also urges the implementation of rules that allow duties to adjust monthly based on a rolling average of global prices. This approach, he says, will minimise policy lag, ensuring protection for farmers without causing abrupt shocks for consumers. According to experts and stakeholders, India should also prioritise strengthening its oilseed value chains, boosting productivity, and making the MSP system more functional and profitable for farmers. They highlight the high-cost structure of domestic oilseeds, which makes them uncompetitive with imports, especially during global price fluctuations. Additionally, supply chain issues like low productivity and inadequate processing infrastructure prevent domestic oilseeds from fully benefiting from import duty increases, they add. For the duty hike to result in sustained price increases in domestic prices that benefit farmers, concurrent support is necessary to improve yields, processing efficiencies, and overall value chain integration. 'Such structural improvements, along with tariffs, can significantly boost domestic prices in the short term,' says Mishra. According to Pareek, India should provide farmers with high-yielding, disease-resistant seed varieties to boost productivity. Currently, India ranks fourth globally in soybean acreage but fifth in productivity. He also emphasises the need to strengthen government procurement at the MSP level by ensuring timely purchases and payments. While some states procure soybeans through price stabilisation schemes, improvements are needed in coverage, timing, and execution. 'Increase buffer stocks or subsidise processors to buy at MSP when market prices fall, stabilising farmer incomes,' says Pareek.


Deccan Herald
26-05-2025
- Politics
- Deccan Herald
SC rejects RTI plea for in-house inquiry probe report on Justice Varma cash row
The apex court cited independence of the judiciary, the proportionality test, fiduciary relationship, invasion of the right to privacy and breach of duty of confidentiality, etc., to deny the details to a query by Maharashtra-based lawyer Amritpal Singh Khalsa.


News18
26-05-2025
- Politics
- News18
Supreme Court Junks RTI Plea Seeking In-House Inquiry Report On Justice Varma Cash Row
Last Updated: The Central Public Information Officer (CPIO) of the top court rejected the application, filed by Maharashtra-based advocate Amritpal Singh Khalsa. The Supreme Court has rejected an application under Right To Information (RTI) Act, seeking to make public the in-house inquiry committee's report linked with the alleged cash recovery from the house of former Delhi High Court judge Justice Yashwant Varma. Former Chief Justice of India Sanjiv Khanna had forwarded the report along with a letter to President Droupadi Murmu and Prime Minister Narendra Modi earlier this month. The apex court has also refused to release a copy of that letter. The Central Public Information Officer (CPIO) of the top court rejected the application, filed by Maharashtra-based advocate Amritpal Singh Khalsa, saying that the report cannot be provided in view of the decision in the Subhash Chandra Agarwal case. According to Section 8(1)(e) of the RTI Act, 2005, information available to a person in his fiduciary relationship is exempted from disclosure unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information. According to Section 11 of the act, third-party information is exempted from disclosure. 'The information cannot be provided in view of tests outlined by the Hon'ble Supreme Court in its judgment dated 13.11.2019 passed in Civil Appeal Nos.10044- 45/2010 (СPIO, Supreme Court of India Vs. Subhash Chandra Agarwal, (2020) 5 SCС 481) viz. independence of judiciary, proportionality test, fiduciary relationship, invasion of the right to privacy and breach of duty of confidentiality etc. with reference to provisions of Section 8(1)(e) and Section 11(1) of the RTI Act, 2005," the Additional Registrar said in the reply as reported by Bar and Bench. The Supreme Court had ordered an in-house probe into the alleged discovery of half-burnt cash. Earlier this month, the committee submitted its report to the Chief Justice. 'The three-member Committee consisting of Mr Justice Sheel Nagu, Chief Justice of the High Court of Punjab and Haryana, Mr Justice G S Sandhawalia, Chief Justice of the High Court of Himachal Pradesh, and Ms Justice Anu Sivaraman, Judge of the High Court of Karnataka, constituted for conducting an inquiry into the allegations against Mr Justice Yashwant Varma, a sitting Judge, has submitted its report dated 03.05.2025 to the Chief Justice of India on 04.05.2025," said a release issued by the top court. While the preliminary report of the Delhi High Court Chief Justice and the response of Justice Varma, along with the photos and videos taken by the Delhi Police, were publicised by uploading them on the Supreme Court's website, the final iquiry report was not made public. (With inputs from agencies)