The Evening Wrap: Centre commits to revisit ₹8 lakh annual income limit for EWS category

The Government on Thursday informed the Supreme Court that it has taken a “considered decision” to revisit the “criteria” for determining Economically Weaker Sections (EWS) to provide them reservation. The Union Government, represented by Solicitor General Tushar Mehta, said it would take four weeks for the exercise. The submission follows rounds of grilling from the court during past hearings to reveal the logic and study before zeroing in on the “exact figure” of ₹8 lakh as the annual income limit to identify the EWS. “The Union Government has taken a considered decision to revisit the criteria for determining the economically weaker sections in terms of the provisions of the Explanation to Article 15 of the Constitution inserted by the Constitution (103rd Amendment) Act 2019,” a Bench led by Justice D.Y. Chandrachud recorded in its order. The court was hearing a case filed by NEET aspirants challenging a July 29 notification announcing 27% quota to OBCs and 10% reservation to EWS in the All India Quota (AIQ) category. The Government assured the court that the NEET counselling would be deferred for four weeks till a decision was taken on the EWS quota. “The Solicitor General states that a period of four weeks would be required for this exercise [revisiting EWS criteria] and pending its conclusion, the date for counselling shall stand postponed...” the court order said. The Bench scheduled the case next on January 6. Mehta, appearing for the Government along with Additional Solicitor General K.M. Natraj, said they have been instructed to submit that a committee would be set up to review the “criteria” to identify the EWS category. The EWS quota was meant for persons who earned less than ₹8 lakh annually and did not benefit from any other existing reservation. In a previous hearing, the apex court had expressed its annoyance at the Government for not filing an affidavit explaining how it reached the ₹8 lakh figure to identify the EWS category. “Tell us if you want to revisit the criteria or not. If you want us to discharge our duties, then we are ready to do so. We are formulating questions... you need to answer them,” Justice Chandrachud had said. The court had even threatened to “stay the Government notification fixing ₹8 lakh for determining the EWS”. “You cannot just pick ₹8 lakh out of the thin air and fix it as a criterion. There has to be some basis, some study. Tell us whether any demographic study or data was taken into account in fixing the limit. How do you arrive at this exact figure? Can the Supreme Court strike down the criteria if no study was undertaken?” the court had asked the Government. In a hearing on October 7, the Government had assured the court that it would file an affidavit on oath explaining the reasons and statistics which led to the figure as the annual income criterion. The Supreme Court’s query was considered significant as the 103rd Constitutional Amendment of 2019, which introduced the 10% EWS quota, was itself under challenge before a larger Bench. The Amendment is under question for making economic criterion as the sole ground for grant of reservation benefits. The court had insisted on the affidavit though Natraj urged it to leave the “larger” issue of what led to income criterion of ₹8 lakh for the Constitution Bench to examine. The Supreme Court had earlier raised several questions about this criterion and made a prima facie observation that it appeared to be arbitrary, while hearing a batch of petitions related to NEET-AIQ. Family health survey suggests more women than men in India The fifth edition of the National Family Health Survey (NFHS) confirmed signs of a demographic shift in India. For the first time since the NFHS began in 1992, the proportion of women exceeded men: there were 1,020 women for 1,000 men. In the last edition of the survey in 2015-16, there were 991 women for every 1,000 men. Only the decadal census is considered the official marker of population trends in India and have a wider surveillance programme. The NFHS surveys are smaller but are conducted at the district level and are a pointer to the future. However, sex ratio at birth for children born in the last five years only improved from 919 per 1,000 males in 2015-16 to 929 per 1,000, underscoring that boys, on average, continued to have better odds of survival than girls. Most States and Union Territories (UTs) had more women than men, the NFHS-5 shows. States that had fewer women than men included Gujarat, Maharashtra, Arunachal Pradesh, Haryana, Madhya Pradesh, Punjab and Union territories such as Jammu & Kashmir, Chandigarh, Delhi, Andaman and Nicobar islands, Dadra and Nagar Haveli, and Ladakh. All of these States and UTs, however, showed improvements in the population increase of women. A State-wise breakup of the NFHS data also shows that India is on its way to stabilising its population, with most States and UTs having a Total Fertility Rate (TFR) of less than two. A TFR of less than 2.1, or a woman on average bearing two children over a lifetime, suggests that an existing generation of a people will be exactly replaced. Anything less than two suggests an eventual decline in population over time. Only six States: Bihar, Meghalaya, Manipur, Jharkhand and Uttar Pradesh have a TFR above two. Bihar has a TFR of three which, however, is an improvement from the 3.4 of the NFHS-4. Again, much like the broader trend towards feminisation, the TFR in all States has improved in the last five years. India is still poised to be the most populous country in the world with the current projection by the United Nations population division forecasting that India’s population will peak around 1.6 to 1.8 billion from 2040-2050. A Government report last year projected that India would overtake China as the world’s most populous country around 2031 — almost a decade later than the United Nations projection of 2022. A notable exception is Kerala, a State with among the highest ratios of women to men at 1,121 -- an improvement over the 1,049 recorded in the NFHS-4. However, the TFR in Kerala has increased to 1.8 from 1.6. The State has also reported a decline in the sex ratio of children born in the last five years. There are 1,047 females per 1,000 males in 2015-16, which has now declined to 951 per 1,000 males. The NFHS-5 survey work has been conducted in around 6.1 lakh sample households from 707 districts (as on March, 2017) of the country; covering 724,115 women and 101,839 men to provide disaggregated estimates up to district level. Supreme Court for medical panel to aid Arumughaswamy probe The Supreme Court on Thursday orally said it will safeguard the interests of Apollo Hospital and favoured constituting a medical board of experts from AIIMS to buttress Justice A. Arumughaswamy Commission of Inquiry’s efforts to gather facts on the death of former Tamil Nadu Chief Minister Jayalalithaa at the hospital in 2016. A Bench of Justices S. Abdul Nazeer and Krishna Murari asked the hospital, represented by senior advocate Aryama Sundaram and advocate Rohini Musa, to prepare a memo detailing what it wanted during the inquiry. The court said it would examine the memo and pass orders. The court asked the hospital to share a copy of its memo with the Commission of Inquiry by Monday. It listed the case next on Tuesday. Apollo had moved the apex court accusing the Commission of bias, violation of the principles of natural justice and conducting the fact-finding exercise outside its jurisdiction. The Commission, represented by senior advocate Ranjit Kumar, had denied the allegation of bias, saying it was “rhetorically made without providing any perspective of the matter”. Sundaram had contended that the reputation of the premier Chennai hospital was “blighted overnight” by the Commission, which took a tangent which was “unbelievable”. The senior lawyer said the path followed by the Commission was straight out of the fairy tale Alice in Wonderland. The hospital had urged the Supreme Court to direct the Commission to share records and permit it to participate in the examination of witnesses in the inquiry process. “Whatever evidence you want cross examined, we will permit you. You put whatever you want in a memo. We will look into it. We agreed to your suggestion of constitution of medical board. We will safeguard your interest,” the Bench addressed the hospital orally. The hospital had also stressed on the Commission adhering to act within the ambit of the inquiry and follow procedure, as earlier noted by the Madras High Court. Sundaram had submitted how the Commission had even got about to ask for the medical records concerning the hospitalisation of another former Tamil Nadu Chief Minister, M.G. Ramachandran, 37 years ago and his shifting to the Brooklyn hospital in the United States. The CoI had written to Apollo chairperson, Dr. Prathap C. Reddy, for the information. The court orally advised the Tamil Nadu government to provide the Commission with a larger room for the hearings in order to accommodate the media and members of the prospective medical board. The State had appointed the inquiry commission headed by Justice Arumughaswamy, a retired Madras High Court judge, on September 25, 2017. The Commission’s reference was to examine the circumstances which led to the hospitalisation of Jayalalithaa on September 22, 2016 and the nature of treatment given in order to determine the cause of hospitalisation. China lodges protest over Gen. Rawat comments on ‘security threat’ China’s military said on Thursday it had lodged “solemn representations” with India and expressed its “firm opposition” to Chief of Defence Staff General Bipin Rawat’s comments earlier this month on China being the biggest security threat to India and mutual suspicion rising between the two sides. People’s Liberation Army (PLA) Senior Colonel Wu Qian, who is spokesperson for the Ministry of Defence, described Gen. Rawat’s comments as “irresponsible and dangerous”, speaking at the Ministry’s monthly press conference in Beijing. “Indian officials speculate on the so-called ‘Chinese military threat’ for no reason, which is a serious violation of the strategic guidance of the leaders of the two countries that China and India do not constitute a threat to each other,” he said, adding that the remarks “incite geopolitical confrontation” and were “irresponsible and dangerous”. He did not say where and how China had “made solemn representations” over the remarks. While the Chinese military’s spokesperson termed the comments a “violation” and “inciting confrontation”, Indian officials have said on many occasions over the past few months that the Chinese military’s actions along the Line of Actual Control (LAC) starting last summer — mobilisation of two divisions, deployment of troops in forward areas and multiple transgressions to unilaterally redraw the LAC — had not only violated bilateral understandings but also brought ties to their lowest point in years. Last week, diplomats from the two sides agreed to restart talks between military commanders “at an early date”, with the 13th round of talks in October ending with an acrimonious exchange with each side blaming the other for the stalemate. At last week’s meeting of the Working Mechanism for Consultation and Coordination on India-China Border Affairs, both agreed to also “ensure a stable ground situation and avoid any untoward incident” until the situation is resolved. EU regulator authorises Pfizer’s COVID vaccine for kids 5-11 The European Union’s drug regulator on Thursday authorised Pfizer’s coronavirus vaccine for use on children from 5 to 11 years old, clearing the way for shots to be administered to millions of elementary school pupils amid a new wave of infections sweeping across the continent. It is the first time the European Medicines Agency has cleared a COVID-19 vaccine for use in young children. The agency said it “recommended granting an extension of indication for the COVID-19 vaccine Comirnaty to include use in children aged 5 to 11.” At least one country facing spiking infections didn’t wait for the EMA approval. Authorities in the Austrian capital, Vienna, already have begun vaccinating the 5 to 11 age group. Europe is currently at the epicenter of the pandemic and the World Health Organisation has warned the continent could see deaths top 2 million by the spring unless urgent measures are taken. The EMA green light for the vaccine developed by Pfizer and German company BioNTech has to be rubber-stamped by the EU’s executive branch, the European Commission, before health authorities in member states can begin administering shots. Earlier this week, Germany’s health minister Jens Spahn said shipping of vaccines for younger children in the EU would begin on Dec. 20. The United States signed off on Pfizer’s kids-sized shots earlier this month, followed by other countries, including Canada. Pfizer tested a dose that is a third of the amount given to adults for elementary school-age children. Even with the smaller shot, children who are 5 to 11 years old developed coronavirus-fighting antibody levels just as strong as teenagers and young adults getting the regular-strength shots, Dr. Bill Gruber, a Pfizer senior vice president, told The Associated Press in September. Although children mostly only get mild symptoms of COVID-19, some public health experts believe immunising them should be a priority to reduce the virus’ continued spread, which could theoretically lead to the emergence of a dangerous new variant. Researchers disagree on how much kids have influenced the course of the pandemic. Early research suggested they didn’t contribute much to viral spread. But some experts say children played a significant role this year spreading contagious variants such as alpha and delta. Covid Watch: Numbers and Developments The number of reported coronavirus cases from India stood at 3,45,44,934 at the time of publishing this newsletter, with the death toll at 4,66,982. In Brief The Noida International Airport at Jewar will serve as the logistics gateway for northern India, Prime Minister Narendra Modi said on Thursday at its groundbreaking ceremony. The first phase of development of Noida International Airport is expected to be completed by September 2024 when it will have one runway, and one terminal building with a capacity to handle 1.2 crore passengers per annum. The airport will be developed in four phases till 2040, by when it will have the capacity to handle 7 crore passengers. Evening Wrap will return tomorrow. [logo] The Evening Wrap 25 NOVEMBER 2021 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( NEET: Centre informs SC it would revisit ₹8 lakh annual income limit for EWS category The Government on Thursday informed the Supreme Court that it has [taken a “considered decision” to revisit the “criteria” for determining Economically Weaker Sections (EWS) to provide them reservation](. The Union Government, represented by Solicitor General Tushar Mehta, said it would take four weeks for the exercise. The submission follows rounds of grilling from the court during past hearings to reveal the logic and study before zeroing in on the “exact figure” of ₹8 lakh as the annual income limit to identify the EWS. “The Union Government has taken a considered decision to revisit the criteria for determining the economically weaker sections in terms of the provisions of the Explanation to Article 15 of the Constitution inserted by the Constitution (103rd Amendment) Act 2019,” a Bench led by Justice D.Y. Chandrachud recorded in its order. The court was hearing a case filed by NEET aspirants challenging a July 29 notification announcing 27% quota to OBCs and 10% reservation to EWS in the All India Quota (AIQ) category. The Government assured the court that the NEET counselling would be deferred for four weeks till a decision was taken on the EWS quota. “The Solicitor General states that a period of four weeks would be required for this exercise [revisiting EWS criteria] and pending its conclusion, the date for counselling shall stand postponed...” the court order said. [ ]  The Bench scheduled the case next on January 6. Mehta, appearing for the Government along with Additional Solicitor General K.M. Natraj, said they have been instructed to submit that a committee would be set up to review the “criteria” to identify the EWS category. The EWS quota was meant for persons who earned less than ₹8 lakh annually and did not benefit from any other existing reservation. In a previous hearing, the apex court had expressed its annoyance at the Government for not filing an affidavit explaining how it reached the ₹8 lakh figure to identify the EWS category. “Tell us if you want to revisit the criteria or not. If you want us to discharge our duties, then we are ready to do so. We are formulating questions... you need to answer them,” Justice Chandrachud had said. The court had even threatened to “stay the Government notification fixing ₹8 lakh for determining the EWS”. “You cannot just pick ₹8 lakh out of the thin air and fix it as a criterion. There has to be some basis, some study. Tell us whether any demographic study or data was taken into account in fixing the limit. How do you arrive at this exact figure? Can the Supreme Court strike down the criteria if no study was undertaken?” the court had asked the Government. In a hearing on October 7, the Government had assured the court that it would file an affidavit on oath explaining the reasons and statistics which led to the figure as the annual income criterion. The Supreme Court’s query was considered significant as the 103rd Constitutional Amendment of 2019, which introduced the 10% EWS quota, was itself under challenge before a larger Bench. The Amendment is under question for making economic criterion as the sole ground for grant of reservation benefits. The court had insisted on the affidavit though Natraj urged it to leave the “larger” issue of what led to income criterion of ₹8 lakh for the Constitution Bench to examine. The Supreme Court had earlier raised several questions about this criterion and made a prima facie observation that it appeared to be arbitrary, while hearing a batch of petitions related to NEET-AIQ. [underlineimg] Family health survey suggests more women than men in India The fifth edition of the National Family Health Survey (NFHS) confirmed signs of a demographic shift in India. For the first time since the NFHS began in 1992, [the proportion of women exceeded men]( there were 1,020 women for 1,000 men. In the last edition of the survey in 2015-16, there were 991 women for every 1,000 men. Only the decadal census is considered the official marker of population trends in India and have a wider surveillance programme. The NFHS surveys are smaller but are conducted at the district level and are a pointer to the future. However, sex ratio at birth for children born in the last five years only improved from 919 per 1,000 males in 2015-16 to 929 per 1,000, underscoring that boys, on average, continued to have better odds of survival than girls. Most States and Union Territories (UTs) had more women than men, the NFHS-5 shows. States that had fewer women than men included Gujarat, Maharashtra, Arunachal Pradesh, Haryana, Madhya Pradesh, Punjab and Union territories such as Jammu & Kashmir, Chandigarh, Delhi, Andaman and Nicobar islands, Dadra and Nagar Haveli, and Ladakh. All of these States and UTs, however, showed improvements in the population increase of women. A State-wise breakup of the NFHS data also shows that India is on its way to stabilising its population, with most States and UTs having a Total Fertility Rate (TFR) of less than two. A TFR of less than 2.1, or a woman on average bearing two children over a lifetime, suggests that an existing generation of a people will be exactly replaced. Anything less than two suggests an eventual decline in population over time. Only six States: Bihar, Meghalaya, Manipur, Jharkhand and Uttar Pradesh have a TFR above two. Bihar has a TFR of three which, however, is an improvement from the 3.4 of the NFHS-4. Again, much like the broader trend towards feminisation, the TFR in all States has improved in the last five years. India is still poised to be the most populous country in the world with the current projection by the United Nations population division forecasting that India’s population will peak around 1.6 to 1.8 billion from 2040-2050. [The recent National Family Health Survey confirms signs of a demographic shift in India.]  A Government report last year projected that India would overtake China as the world’s most populous country around 2031 — almost a decade later than the United Nations projection of 2022. A notable exception is Kerala, a State with among the highest ratios of women to men at 1,121 -- an improvement over the 1,049 recorded in the NFHS-4. However, the TFR in Kerala has increased to 1.8 from 1.6. The State has also reported a decline in the sex ratio of children born in the last five years. There are 1,047 females per 1,000 males in 2015-16, which has now declined to 951 per 1,000 males. The NFHS-5 survey work has been conducted in around 6.1 lakh sample households from 707 districts (as on March, 2017) of the country; covering 724,115 women and 101,839 men to provide disaggregated estimates up to district level. [underlineimg] Supreme Court for medical panel to aid Arumughaswamy probe The Supreme Court on Thursday orally said [it will safeguard the interests of Apollo Hospital and favoured constituting a medical board of experts from AIIMS]( to buttress Justice A. Arumughaswamy Commission of Inquiry’s efforts to gather facts on the death of former Tamil Nadu Chief Minister Jayalalithaa at the hospital in 2016. A Bench of Justices S. Abdul Nazeer and Krishna Murari asked the hospital, represented by senior advocate Aryama Sundaram and advocate Rohini Musa, to prepare a memo detailing what it wanted during the inquiry. The court said it would examine the memo and pass orders. The court asked the hospital to share a copy of its memo with the Commission of Inquiry by Monday. It listed the case next on Tuesday. Apollo had moved the apex court accusing the Commission of bias, violation of the principles of natural justice and conducting the fact-finding exercise outside its jurisdiction. The Commission, represented by senior advocate Ranjit Kumar, had denied the allegation of bias, saying it was “rhetorically made without providing any perspective of the matter”. Sundaram had contended that the reputation of the premier Chennai hospital was “blighted overnight” by the Commission, which took a tangent which was “unbelievable”. The senior lawyer said the path followed by the Commission was straight out of the fairy tale Alice in Wonderland. The hospital had urged the Supreme Court to direct the Commission to share records and permit it to participate in the examination of witnesses in the inquiry process. “Whatever evidence you want cross examined, we will permit you. You put whatever you want in a memo. We will look into it. We agreed to your suggestion of constitution of medical board. We will safeguard your interest,” the Bench addressed the hospital orally. The hospital had also stressed on the Commission adhering to act within the ambit of the inquiry and follow procedure, as earlier noted by the Madras High Court. Sundaram had submitted how the Commission had even got about to ask for the medical records concerning the hospitalisation of another former Tamil Nadu Chief Minister, M.G. Ramachandran, 37 years ago and his shifting to the Brooklyn hospital in the United States. The CoI had written to Apollo chairperson, Dr. Prathap C. Reddy, for the information. The court orally advised the Tamil Nadu government to provide the Commission with a larger room for the hearings in order to accommodate the media and members of the prospective medical board. The State had appointed the inquiry commission headed by Justice Arumughaswamy, a retired Madras High Court judge, on September 25, 2017. The Commission’s reference was to examine the circumstances which led to the hospitalisation of Jayalalithaa on September 22, 2016 and the nature of treatment given in order to determine the cause of hospitalisation. [underlineimg] China lodges protest over Gen. Rawat comments on ‘security threat’ China’s military said on Thursday [it had lodged “solemn representations” with India]( and expressed its “firm opposition” to Chief of Defence Staff General Bipin Rawat’s comments earlier this month on China being the biggest security threat to India and mutual suspicion rising between the two sides. People’s Liberation Army (PLA) Senior Colonel Wu Qian, who is spokesperson for the Ministry of Defence, described Gen. Rawat’s comments as “irresponsible and dangerous”, speaking at the Ministry’s monthly press conference in Beijing. “Indian officials speculate on the so-called ‘Chinese military threat’ for no reason, which is a serious violation of the strategic guidance of the leaders of the two countries that China and India do not constitute a threat to each other,” he said, adding that the remarks “incite geopolitical confrontation” and were “irresponsible and dangerous”. He did not say where and how China had “made solemn representations” over the remarks. While the Chinese military’s spokesperson termed the comments a “violation” and “inciting confrontation”, Indian officials have said on many occasions over the past few months that the Chinese military’s actions along the Line of Actual Control (LAC) starting last summer — mobilisation of two divisions, deployment of troops in forward areas and multiple transgressions to unilaterally redraw the LAC — had not only violated bilateral understandings but also brought ties to their lowest point in years. Last week, diplomats from the two sides agreed to restart talks between military commanders “at an early date”, with the 13th round of talks in October ending with an acrimonious exchange with each side blaming the other for the stalemate. At last week’s meeting of the Working Mechanism for Consultation and Coordination on India-China Border Affairs, both agreed to also “ensure a stable ground situation and avoid any untoward incident” until the situation is resolved. [underlineimg] EU regulator authorises Pfizer’s COVID vaccine for kids 5-11 The European Union’s drug regulator on Thursday [authorised Pfizer’s coronavirus vaccine for use on children from 5 to 11 years old]( clearing the way for shots to be administered to millions of elementary school pupils amid a new wave of infections sweeping across the continent. It is the first time the European Medicines Agency has cleared a COVID-19 vaccine for use in young children. The agency said it “recommended granting an extension of indication for the COVID-19 vaccine Comirnaty to include use in children aged 5 to 11.” At least one country facing spiking infections didn’t wait for the EMA approval. Authorities in the Austrian capital, Vienna, already have begun vaccinating the 5 to 11 age group. Europe is currently at the epicenter of the pandemic and the World Health Organisation has warned the continent could see deaths top 2 million by the spring unless urgent measures are taken. The EMA green light for the vaccine developed by Pfizer and German company BioNTech has to be rubber-stamped by the EU’s executive branch, the European Commission, before health authorities in member states can begin administering shots. Earlier this week, Germany’s health minister Jens Spahn said shipping of vaccines for younger children in the EU would begin on Dec. 20. The United States signed off on Pfizer’s kids-sized shots earlier this month, followed by other countries, including Canada. Pfizer tested a dose that is a third of the amount given to adults for elementary school-age children. Even with the smaller shot, children who are 5 to 11 years old developed coronavirus-fighting antibody levels just as strong as teenagers and young adults getting the regular-strength shots, Dr. Bill Gruber, a Pfizer senior vice president, told The Associated Press in September. Although children mostly only get mild symptoms of COVID-19, some public health experts believe immunising them should be a priority to reduce the virus’ continued spread, which could theoretically lead to the emergence of a dangerous new variant. Researchers disagree on how much kids have influenced the course of the pandemic. Early research suggested they didn’t contribute much to viral spread. But some experts say children played a significant role this year spreading contagious variants such as alpha and delta. [underlineimg] Covid Watch: Numbers and Developments The [number of reported coronavirus cases from India]( stood at 3,45,44,934 at the time of publishing this newsletter, with the death toll at 4,66,982.  [underlineimg] In Brief The Noida International Airport at Jewar will serve as the logistics gateway for northern India, [Prime Minister Narendra Modi said]( on Thursday at its groundbreaking ceremony. The first phase of development of Noida International Airport is expected to be completed by September 2024 when it will have one runway, and one terminal building with a capacity to handle 1.2 crore passengers per annum. The airport will be developed in four phases till 2040, by when it will have the capacity to handle 7 crore passengers. [underlineimg] Evening Wrap will return tomorrow.  Today's Top Picks [[Science Quiz: On moons] Science Quiz: On moons]( [[Why should we care about mental health of death row prisoners? | In Focus podcast] Why should we care about mental health of death row prisoners? | In Focus podcast]( [[BEL to develop smart drone delivery mailbox] BEL to develop smart drone delivery mailbox]( [[‘Maanaadu’ movie review: Simbu and SJ Suryah have a go at each other in this smartly-written film] ‘Maanaadu’ movie review: Simbu and SJ Suryah have a go at each other in this smartly-written film]( Copyright @ 2021, THG PUBLISHING PVT LTD. 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