The central government has enforced a nation-wide lockdown between March 25 and May 3 as part of its measures to contain the spread of COVID-19.  During the lockdown, several restrictions have been placed on the movement of individuals and economic activities have come to a halt barring the activities related to essential goods and services. The restrictions are being relaxed in less affected areas in a limited manner since April 20.  In this blog, we look at how the lockdown has impacted the demand and supply of electricity and what possible repercussions its prolonged effect may have on the power sector. 

Power supply saw a decrease of 25% during the lockdown (year-on-year)

As electricity cannot be stored in large amount, the power generation and supply for a given day are planned based on the forecast for demand.  The months of January and February in 2020 had seen an increase of 3% and 7% in power supply, respectively as compared to 2019 (year-on-year).  In comparison, the power supply saw a decrease of 3% between March 1 and March 24.  During the lockdown between March 24 and April 19, the total power supply saw a decrease of about 25% (year-on-year).

Figure 1: % change in power supply position between March 1 and April 19 (Y-o-Y from 2019 to 2020)

Sources: Daily Reports; POSOCO; PRS.

If we look at the consumption pattern by consumer category, in 2018-19, 41% of total electricity consumption was for industrial purposes, followed by 25% for domestic and 18% for agricultural purposes.  As the lockdown has severely reduced the industrial and commercial activities in the country, these segments would have seen a considerable decline in demand for electricity. However, note that the domestic demand may have seen an uptick as people are staying indoors.

Figure 2: Power consumption by consumer segment in 2018-19

Sources: Central Electricity Authority; PRS.

Electricity demand may continue to be subdued over the next few months. At this point, it is unclear that when lockdown restrictions are eased, how soon will economic activities return to pre COVID-19 levels. India’s growth projections also highlight a slowdown in the economy in 2020 which will further impact the demand for electricity.  On April 16, the International Monetary Fund has slashed its projection for India’s GDP growth in 2020 from 5.8% to 1.9%.

A nominal increase in energy and peak deficit levels

As power sector related operations have been classified as essential services, the plant operations and availability of fuel (primarily coal) have not been significantly constrained. This can be observed with the energy deficit and peak deficit levels during the lockdown period which have remained at a nominal level.  Energy deficit indicates the shortfall in energy supply against the demand during the day.  The average energy deficit between March 25 and April 19 has been 0.42% while the corresponding figure was 0.33% between March 1 and March 24. Similarly, the average peak deficit between March 25 and April 19 has been 0.56% as compared to 0.41% between March 1 and March 24.  Peak deficit indicates the shortfall in supply against demand during highest consumption period in a day.

Figure 3: Energy deficit and peak deficit between March 1, 2020 and April 19, 2020 (in %)

Sources: Daily Reports; POSOCO; PRS.

Coal stock with power plants increases

Coal is the primary source of power generation in the country (~71% in March 2020).  During the lockdown period, the coal stock with coal power plants has seen an increase.  As of April 19, total coal-stock with the power plants in the country (in days) has risen to 29 days as compared to 24 days on March 24. This indicates that the supply of coal has not been constrained during the lockdown, at least to the extent of meeting the requirements of power plants.

Energy mix changes during the lockdown, power generation from coal impacted

During the lockdown, power generation has been adjusted to compensate for reduced consumption, Most of this reduction in consumption has been adjusted by reduced coal power generation. As can be seen in Table 1, coal power generation reduced from an average of 2,511 MU between March 1 and March 24 to 1,873 MU between March 25 and April 19 (about 25%).  As a result, the contribution of coal in total power generation reduced from an average of 72.5% to 65.6% between these two periods.

Table 1: Energy Mix during March 1-April 19, 2020

Sources: Daily Reports; POSOCO; PRS.

This shift may be happening due to various reasons including: (i) renewable energy sources (solar, wind, and small hydro) have MUST RUN status, i.e., the power generated by them has to be given the highest priority by distribution companies, and (ii) running cost of renewable power plants is lower as compared to thermal power plants.

This suggests that if growth in electricity demand were to remain weak, the adverse impact on the coal power plants could be more as compared to other power generation sources.  This will also translate into weak demand for coal in the country as almost 87% of the domestic coal production is used by the power sector.  Note that the plant load factor (PLF) of the thermal power plants has seen a considerable decline over the years, decreasing from 77.5% in 2009-10 to 56.4% in 2019-20. Low PLF implies that coal plants have been lying idle.  Coal power plants require significant fixed costs, and they incur such costs even when the plant is lying idle. The declining capacity utilisation augmented by a weaker demand will undermine the financial viability of these plants further.

Figure 4: Power generation from coal between March 1, 2020 and April 19, 2020 (in MU)

Sources: Daily Reports; POSOCO; PRS.

Finances of the power sector to be severely impacted

Power distribution companies (discoms) buy power from generation companies and supply it to consumers.  In India, most of the discoms are state-owned utilities.  One of the key concerns in the Indian power sector has been the poor financial health of its discoms.  The discoms have had high levels of debt and have been running losses. The debt problem was partly addressed under the UDAY scheme as state governments took over 75% of the debt of state-run discoms (around 2.1 lakh crore in two years 2015-16 and 2016-17).  However, discoms have continued to register losses owing to underpricing of electricity tariff for some consumer segments, and other forms of technical and commercial losses.  Outstanding dues of discoms towards power generation companies have also been increasing, indicating financial stress in some discoms. At the end of February 2020, the total outstanding dues of discoms to generation companies stood at Rs 92,602 crore.

Due to the lockdown and its further impact in the near term, the financial situation of discoms is likely to be aggravated. This will also impact other entities in the value chain including generation companies and their fuel suppliers. This may lead to reduced availability of working capital for these entities and an increase in the risk of NPAs in the sector.  Note that, as of February 2020, the power sector has the largest share in the deployment of domestic bank credit among industries (Rs 5.4 lakh crore, 19.3% of total).

Following are some of the factors which have impacted the financial situation during the lockdown:

  • Reduced cross-subsidy: In most states, the electricity tariff for domestic and agriculture consumers is lower than the actual cost of supply. Along with the subsidy by the state governments, this gap in revenue is partly compensated by charging industrial and commercial consumers at a higher rate.  Hence, industrial and commercial segments cross-subsidise the power consumption by domestic and agricultural consumers.

  • The lockdown has led to a halt on commercial and industrial activities while people are staying indoors.  This has led to a situation where the demand from the consumer segments who cross-subsidise has decreased while the demand from consumer segments who are cross-subsidised has increased.  Due to this, the gap between revenue realised by discoms and cost of supply will widen, leading to further losses for discoms.  States may choose to bridge this gap by providing a higher subsidy.

  • Moratorium to consumers: To mitigate the financial hardship of citizens due to COVID-19, some states such as RajasthanUttar Pradesh, and Goa, among others, have provided consumers with a moratorium for payment of electricity bills. At the same time, the discoms are required to continue supplying electricity. This will mean that the return for the supply made in March and April will be delayed, leading to lesser cash in hand for discoms.

  • Some state governments such as Bihar also announced a reduction in tariff for domestic and agricultural consumers. Although, the reduction in tariff will be compensated to discoms by government subsidy.

  • Constraints with government finances: The revenue collection of states has been severely impacted as economic activities have come to a halt. Further, the state governments are directing their resources for funding relief measures such as food distribution, direct cash transfers, and healthcare. This may adversely affect or delay the subsidy transfer to discoms.

  • The UDAY scheme also requires states to progressively fund greater share in losses of discoms from their budgetary resources (10% in 2018-19, 25% in 2019-20, and 50% in 2020-21).  As losses of discoms may widen due to the above-mentioned factors, the state government’s financial burden is likely to increase.

Capacity addition may be adversely impacted

As per the National Electricity Plan,  India’s total capacity addition target is around 176 GW for 2017-2022.  This comprises of 118 GW from renewable sources, 6.8 GW from hydro sources, and 6.4 GW from coal (apart from 47.8 GW of coal-based power projects already in various stages of production as of January 2018).  

India has set a goal of installing 175 GW of Renewable Power Capacity by 2022 as part of its climate change commitments (86 GW has been installed as of January 2020).  In January 2020, the Parliamentary Standing Committee on Energy observed that India could only install 82% and 55% of its annual renewable energy capacity addition targets in 2017-18 and 2018-19. As of January 2020, 67% of the target has been achieved for 2019-20.

Due to the impact of COVID-19, the capacity addition targets for various sources is likely to be adversely impacted in the short run as:

  • construction activities were stopped during the lockdown and will take some time to return to normal,

  • disruption in the global supply chain may lead to difficulties with the availability of key components leading to delay in execution of projects, for instance, for solar power plants, solar PV modules are mainly imported from China, and

  • reduced revenue for companies due to weak demand will leave companies with less capacity left for capital expenditure.

Key reforms likely to be delayed

Following are some of the important reforms anticipated in 2020-21 which may get delayed due to the developing situation:

  • The real-time market for electricity: The real-time market for electricity was to be operationalised from April 1, 2020. However, the lockdown has led to delay in completion of testing and trial runs. The revised date for implementation is now June 1, 2020.

  • UDAY 2.0/ADITYA: A new scheme for the financial turnaround of discoms was likely to come this year. The scheme would have provided for the installation of smart meters and incentives for rationalisation of the tariff, among other things. It remains to be seen what this scheme would be like since the situation with government finances is also going to worsen due to anticipated economic slowdown. 

  • Auction of coal blocks for commercial mining: The Coal Ministry has been considering auction of coal mines for commercial mining this year. 100% FDI has been allowed in the coal mining activity for commercial sale of coal to attract foreign players. However, the global economic slowdown may mean that the auctions may not generate enough interest from foreign as well as domestic players.

For a detailed analysis of the Indian Power Sector, please see here.  For details on the number of daily COVID-19 cases in the country and across states, please see here.  For details on the major COVID-19 related notifications released by the centre and the states, please see here.  

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%).  Table 1 provides details of persons trafficked for various purposes (as of 2016). 

Table 1: Victims rescued by type of purpose of trafficking ​

Purpose 2016 (as a %)
Forced labour 10,509 45.5
Prostitution 4,980 21.5
Other forms of sexual exploitation 2,590 11.5
Domestic servitude 412 1.8
Forced marriage 349 1.5
Petty crimes 212 0.9
Child pornography 162 0.7
Begging 71 0.3
Drug peddling 8 0
Removal of organs 2 0
Other reasons 3,824 16.5
Total persons 23,117 100

Source: Human Trafficking, Crime in India, 2016, National Crime Records Bureau; PRS

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.  

[i]. ‘Crime in India’ 2016, National Crime Records Bureau.

[ii]. Prajwala vs. Union of India 2016 (1) SCALE 298.

[iii]. Bhola Singh vs. State of Punjab (2011) 11 SCC 653.

[iv]. Sushant Gupta vs. Union of India 2014 (308) ELT 661 (All.).

[v]  Maneka Gandhi vs. Union of India 1978 AIR 597.

[vi]. Guideline 7, ‘Recommended Principles and Guidelines on Human Rights and Human Trafficking’, OHCHR,  https://www.ohchr.org/Documents/Publications/Traffickingen.pdf.