The image of the institution of police is regrettably tarnished by allegations of corruption, police excesses, lack of impartiality and close nexus with the political class.
Police and investigation agencies need social legitimacy
The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy.
Police should work impartially and focus on crime prevention. They should also work in cooperation with the public to ensure law and order.
The CBI possessed immense trust of the public in its initial phase.
But with the passage of time, like every other institution of repute, the CBI has also come under deep public scrutiny.
The need of the hour is to reclaim social legitimacy and public trust.
Issues affecting the system and causing delay in trial
Lack of infrastructure, lack of sufficient manpower, inhuman conditions, especially at the lowest rung, lack of modern equipment, questionable methods of procuring evidence, officers failing to abide by the rule book and the lack of accountability of erring officers.
Then there are certain issues that lead to delays in trials.
They are: Lack of public prosecutors and standing counsels, seeking adjournments, arraying hundreds of witnesses and filing voluminous documents in pending trials, undue imprisonment of undertrials, change in priorities with the change in the political executive, cherry-picking of the evidence, and repeated transfers of officers leading to a change in the direction of the investigation.
Way forward
Break the nexus with political executive: The first step to reclaim social legitimacy and public trust.is to break the nexus with the political executive.
Reform of the police system is long overdue in our country.
The Ministry of Home Affairs has itself recognised the glaring need for the same in the “Status Note on Police Reforms in India”.
Comprehensive law: Our investigative agencies still do not have the benefit of being guided by a comprehensive law.
Independent and autonomous investigative agency: The need of the hour is the creation of an independent and autonomous investigative agency.
Umbrella organisation: There is an immediate requirement for the creation of an independent umbrella institution, so as to bring various agencies like the CBI, SFIO, and ED under one roof.
This body is required to be created under a statute, clearly defining its powers, functions and jurisdictions.
Such a law will also lead to much-needed legislative oversight.
Separation of prosecution and investigation: One additional safeguard that needs to be built into the scheme, is to have separate and autonomous wings for prosecution and investigation, in order to ensure total independence.
Annual audit of performance: A provision in the proposed law for an annual audit of the performance of the institution by the appointing committee will be a reasonable check and balance.
Strengthening state investigative agencies: There is no reason why state investigative agencies, which handle most of the investigations, cannot enjoy the same level of credibility as that of the national agency.
The proposed Central law for the umbrella investigative body can be suitably replicated by the states.
Ensure women’s representation: An issue that needs addressing at this stage is the representation of women in the criminal justice system.
Often, women feel deterred in reporting certain offences due to a lack of representation.
Relations with community: Relations between the community and police also need to be fixed.
This is only possible if police training includes sensitisation workshops and interactions to inspire public confidence.
Consider the question “The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy. In the context of this, examine the challenges faced by the police and the investigative agencies in India and suggest ways to help them gain social legitimacy.”
Conclusion
It is imperative for the police and the public to work together to create a safe society. Ultimately the police must remember that their allegiance must be to the Constitution and the rule of law and not to any person.
The government has introduced the ‘Antarctica Bill, 2022’ in the Lok Sabha that envisages regulating visits and activities to Antarctica as well potential disputes that may arise among those present on the continent.
Indian Antarctic Bill, 2022
Aims and objectives:
To provide for national measures to protect the Antarctic environment and associated ecosystems and to give effect to the Antarctic Treaty
To provide a harmonious policy framework for India’s Antarctic activities through a well-established legal mechanism
Facilitate activities of the Indian Antarctic programme, including management of Antarctic tourism and sustainable development of fisheries
To prohibit Indian expedition to Antarctica or carrying of certain activities in Antarctica without a permit or the written authorisation of another party to the protocol
To provide for inspection in India by an officer designated by the Central government as an Inspector and to constitute an inspection team to carry out inspections in Antarctica
Key feature: Committee on Antarctic governance
It will empower the government to establish a committee on Antarctic governance and environmental protection to monitor, implement and ensure compliance with the relevant international laws, emissions standards and rules of protection.
The panel is to be headed by the secretary of the Ministry of Earth Sciences, as ex officio chairperson.
Among other roles, he has also been the vice-president of the Scientific Committee on Antarctic Research of the International Science Council since 2018.
The committee will have ten members from various ministries, departments and organizations of the Union government, plus two experts on the Antarctic environment or other relevant areas.
About Antarctica Treaty
Antarctica has a geographical area of 14 million sq. km and has had no indigenous population (i.e. “Antarcticans” don’t exist).
However, a few thousand people reside there, in some 40 research stations spread across the continent, throughout the year.
In 1959, 12 countries – Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the USSR, the UK and the US signed the ‘Antarctic Treaty’.
Their aim was to prevent the continent from being militarised and to establish it as a centre of peaceful activities.
Later, more countries, including India, have become party to the treaty, and today it counts more than 54 members.
The treaty requires each party to take appropriate measures within its competence, including the adoption of laws and regulations, administrative actions and enforcement measures, to ensure compliance with the protocol.
Countries also signed the ‘Protocol on Environmental Protection’ to the Antarctic Treaty in 1991, which designates Antarctica as a “natural reserve, devoted to peace and science”.
Need for the Antarctic Legislation
The growing presence of Indian scientists in Antarctica and the commitment to Antarctic research and protection prompted the government to adopt domestic legislation consistent with its obligations as a member of the Antarctic Treaty system.
These laws will enable India’s courts to deal with disputes or crimes committed in parts of Antarctica, and help build credibility vis-à-vis India’s participation.
India at the Poles
India maintains two research stations on the continent: ‘Maitri’ (commissioned in 1989) at Schirmacher Hills and ‘Bharati’ (2012) at Larsemann Hills.
It has also launched 41 scientific expeditions every year thus far.
Together with the ‘Himadri’ station in Svalbard, above the Arctic circle, India is among an elite group of countries with multiple research in the polar regions.
The Lok Sabha recently passed a bill to amend a constitutional order to include Darlong, a tribal clan in Tripura which was among the generic Halam community till now, in the list of Scheduled Tribes (ST).
Who are Darlongs?
Darlong is a tribal community of 11,000 people.
Despite its small population, the community has a high prevalence of education, cultural activities and members of the community are serving in different high positions in the local administration.
Darlongs, despite being Scheduled Tribes, were never given ST certificates.
Since they were considered a generic tribe under the Kuki community, they were handed their tribal certificates as members of ‘Kuki’ community.
The subsequent identity crisis among them, especially Darlong youths, who were equipped with modern education, culminated in the demand for a separate statutory identity of their own in 1995.
The group is a small tribal clan but has produced a high number of educated people proportionate to its population in the state.
People from the Darlong community, like many other tribal communities, are now serving in high positions in the state administration, academia, and public services.
Tribal musicologist and Rosem (tribal instrument) maestro Thanga Darlong was conferred the prestigious Padma Shri award a few years back for his contribution to culture.
Why is tribal identity a big issue in Tripura?
Out of 37 lakh people of Tripura, nearly 30 per cent are tribals, who mostly live in areas under jurisdiction of the Tripura Tribal Areas Autonomous District Council (TTAADC).
They are spread in patches across all eight districts and covering 70 per cent of the state’s geographical area.
The state saw tribals become minority in their own state due to arrival of East Pakistani refugees who fled their country.
Tribal identity is a major issue in Tripura, which is also one of the major subjects dominating the state politics now.
There is rising demand of Greater Tipraland – a proposed separate state for Tiprasa or Tripuris (tribal and non-tribal) living in the state.
Back2Basics: Tribes of Tripura
Tripura, the tiny Northeast state of 37 lakh people houses 19 tribal communities.
These include Tripuri or Debbarma, Reangs or Brus, Jamatia, Noatia, Uchoi, Chakma, Mog, Lushai, Kuki, Munda, Kour, Oram, Santhal, Bhil, Bhutia, Chaimar or Sermai, Garo, Khasi, Lepcha and Halam.
Many of these communities are further divided into sub-tribes.
For example, Kukis have nearly 17-18 sub-tribes within the community.
It is an umbrella tribal community including many smaller clans like Khasi, Lushai, Hmars and other generic clans.
In course of time, Lushai, Hmar, Garo etc. came out of Kuki as separate communities.
Halam community also has several sub-tribes such as Rangkhawl, Ranglong, Dab, Chaimar or Sermai, Bong, Korbong, Harbong, Bongcher etc.
Delhi High Court has sought the Enforcement Directorate’s (ED’s) response on a journalist’s challenge to its action of restraining her from leaving the country. She was stopped in Mumbai on Tuesday evening based on a look out circular (LOC) issued by the ED.
Look out notice: What is it, when is it issued?
An LOC is issued to make sure that an individual who is absconding or wanted by law enforcement agencies is not able to leave the country.
It is mostly used at immigration checkpoints at international airports and seaports by the immigration branch.
In certain cases, the police can approach a court asking for the restriction of a person’s movement outside the country, when that person is a suspect and there is an apprehension that they may not join the investigation at a later stage.
The subject of an LOC can challenge the circular and get relief from a court.
Who can issue an LOC?
An LOC can be initiated by a large number of authorised officers, including an officer not below the rank of deputy secretary, an officer not below the rank of joint secretary in the state government, a district magistrate or superintendent of police.
Also, designated officers of various law enforcing and security agencies, a designated officer of Interpol, an officer not below the rank of additional director in the Serious Fraud Investigation Office, and the Ministry of Corporate Affairs can also issue LOC.
In 2018, the government also empowered the heads of public sector banks to directly request the authorities to issue an LOC against wilful defaulters to prevent them from leaving the country.
So now, an officer not below the rank of chairman/managing director/chief executive of any public sector bank can make a request.
An LOC can be modified/deleted/withdrawn by the Bureau of Immigration only on the specific request of the authorised originator on whose request the LOC was issued.
Does an LOC lead to arrest?
Not necessarily. LOCs can be of several types.
They can seek to merely stop a person against whom the circular has been issued from travelling outside the country, to prevent a person from entering the country, or inform the concerned investigation agencies.
The proforma of the LOC also contains a request to detain the individual at the local police/investigation agency, which generally leads to arrest.
Back2Basics: Directorate of Enforcement (ED)
ED is a law enforcement agency and economic intelligence agency responsible for enforcing economic laws and fighting economic crime (esp Money Laundering) in India.
It is part of the Department of Revenue of the Ministry of Finance.
It is composed of officers from the Indian Revenue Service, Indian Police Service and the Indian Administrative Service as well as promoted officers from its own cadre.
The total strength of the department is less than 2000 officers out of which around 70% of officials came from deputation from other organizations while ED has its own cadre, too.
The prime objective of the Enforcement Directorate is the enforcement of two key Acts namely, the Foreign Exchange Management Act 1999 (FEMA) and the Prevention of Money Laundering Act 2002 (PMLA)
The President of India has sent his greetings to fellow citizens on the eve of Chaitra Sukladi, Ugadi, Gudi Padwa, Cheti Chand, Navreh and Sajibu Cheiraoba.
Gudi Padwa
Gudi Padwa is a spring-time festival that marks the traditional New Year for Marathi and Konkani Hindus, but is also celebrated by other Hindus as well.
It is celebrated in and around Maharashtra, Goa, and the union territory of Damaon on the first day of the Chaitra month, to mark the beginning of the New Year according to the luni-solar method of the Hindu calendar.
Padava or paadvo comes from the Sanskrit word pratipada, which is the first day of a lunar fortnight.
The spring festival is observed with colourful floor decorations called rangoli, a special Gudhi dvaja (flag garlanded with flowers, mango and neem leaves, topped with upturned silver or copper vessels), street processions, dancing& festive foods.
Significance
Gudhi Padva signifies the arrival of spring and to the reaping of Rabi crops.
The festival is linked to the mythical day on which Hindu god Brahma created time and universe.
To some, it commemorates the coronation of Rama in Ayodhya after his victory over evil Ravana, or alternatively the start of Shalivahan calendar after he defeated the Huns invasion in the 1st century.
State-wide celebrations
Bihu among the Assamese of Assam.
Cheti Chand among the Sindhi people
Navreh among the Kashmiri Pandits in Jammu and Kashmir.
Pahela Baishakh among the Bengalis in West Bengal and Bangladesh.
Puthandu among the Tamils in Tamil Nadu.
Samvatsar Padvo among Hindu Konkanis of Goa and Konkani diaspora in Kerala
Vaisakhi or Baisakhi among the Punjabis in Punjab.
Vishu or among the Malayalis in Kerala.
Ugadi among the south-Indian states of Karnataka, Andhra Pradesh and Telangana.
The theme of this year’s World Water Day was ‘Groundwater: Making the Invisible Visible’. The primary focus is to draw attention to the role of groundwater in water and sanitation systems, agriculture, industry, ecosystems, and climate change adaptation. Groundwater helps reduce the risk of temporary water shortage and caters to the needs of arid and semiarid regions, but its value has not been fully recognized in policymaking. Due to its high storage capacity, groundwater is more resilient to the effects of climate change than surface water. The international conference on ‘Groundwater, Key to the Sustainable Development Goals’ and the UNWater Summit on Groundwater are part of global initiatives to highlight the significance of groundwater in sustainable development.
Important Facts
Estimates:85% of the rural and 50% of the urban population in India is dependent on groundwater for fulfilling their needs.
With an annual groundwater extraction of 248.69 billion cubic meters (2017), India is among the largest users of groundwater in the world.
Almost 89% of the groundwater extracted is used for irrigation and the rest for domestic and industrial use (9% and 2%).
High water stress: India is one of 17 countries facing extremely high water stress, according to a report by the World Resources Institute.
According to the Fifth Minor Irrigation Census, the groundwater level in India has declined by 61 percent between 2007 and 2017. It was further observed that more than 1,000 blocks in India have become water-stressed.
Composite Water Management Index (CWMI), 2018 by NITI Aayog: The water demand will exceed the supply by 2050. Groundwater in India depleted at 10-25 mm per year between 2002 and 2016.
54 percent of India’s groundwater wells are declining.
It added that about 40% of India’s population possibly would have no access to drinking water by 2030.
Extraction value: According to the Central Ground Water Board, the annual groundwater withdrawal is considered to be safe when the extraction rate is limited to below 70% of the annual replenishable recharge.
Available data indicate that the level of extraction for the country in 2017 was 63%, from 58% in 2004.
Variation across regions: However, the level varied across regions. Punjab, Rajasthan, Haryana, Delhi, Chandigarh, Himachal Pradesh, Tamil Nadu, and Puducherry have crossed the 70% mark.
Of 534 districts in 22 States/UTs, 202 districts had stage of extraction ranging from 71% to 385%. NITI Aayog has set the 70% extraction value as the target to be achieved by 2030.
Recent studies suggest that groundwater levels are declining in several parts of northern India, especially in regions of high population densities.
Quality concern: A quantitywise safe district may be vulnerable due to deterioration of water quality. Fluoride, iron, salinity, nitrate, and arsenic contamination are major problems.
As many as 335 districts reported nitrate pollution compared to 109 in 2006. A high level of nitrate affects human health.
Sources of nitrates are mainly anthropogenic and depend on local actions.
Biological contamination has also been reported from different parts of the country.
Reasons for Depletion
Increased demand for water for domestic, industrial and agricultural needs and limited surface water resources lead to the over-exploitation of groundwater resources.
Limited storage facilities owing to the hard rock terrain, along with the added disadvantage of lack of rainfall, especially in central Indian states.
Green Revolution enabled water-intensive crops to be grown in drought-prone/ water deficit regions, leading to over-extraction of groundwater.
Frequent pumping of water from the ground without waiting for its replenishment leads to quick depletion.
Subsidies on electricityand high MSP for water-intensive crops is also leading reasons for depletion.
Water contamination as in the case of pollution by landfills, septic tanks, leaky underground gas tanks, and overuse of fertilizers and pesticides leads to damage and depletion of groundwater resources.
Inadequate regulation of groundwater laws encourages the exhaustion of groundwater resources without any penalty.
Deforestation, unscientific methods of agriculture, chemical effluents from industries, and lack of sanitation also lead to pollution of groundwater, making it unusable.
Natural causes include uneven rainfall and climate change that are hindering the process of groundwater recharge.
Impact
Lowering of the water table: Groundwater depletion may lower the water table leading to difficulty in extracting groundwater for usage.
Reduction of water in streams and lakes: A substantial amount of the water flowing in rivers comes from seepage of groundwater into the streambed. Depletion of groundwater levels may reduce water flow in such streams.
Subsidence of land: Groundwater often provides support to the soil. When this balance is altered by taking out the water, the soil collapses, compacts, and drops leading to subsidence of land.
Increased cost for water extraction: As the depleting groundwater levels lower the water table, the user has to delve deep to extract water. This will increase the cost of water extraction.
Contamination of groundwater: Groundwater that is deep within the ground often intermingles with saltwater that we shouldn’t drink.
Constraints in food supply: If groundwater availability faces difficulties then there will be hindrances in agricultural production leading to a shortage of food.
Limitations to biodiversity and creation of sinkholes: Water table plays a major role in sustaining biodiversity. Often, sinkholes are created when the water table lowers. These sinkholes are dangerous for buildings and towers.
Policy challenges
Estimation of groundwater resources: There is a lack of data available for estimation of groundwater sources and even if they are available, they are indicative and not representative.
Crop pricing and water-intensive crops: Decisions such as cropping pattern and cropping intensity are taken independent of the groundwater availability in most areas.
Minimum Support Price (MSP) is also available for water-intensive crops leading to widespread cultivation of such crops.
Energy subsidies: The challenge is to find a balance between the needs of farmers and the need to ensure the sustainable use of groundwater.
Inadequate regulation: Lack of proper regulations and their further implementation has been one of the major challenges in managing groundwater levels in India.
Lack of local management: There is a lack of local management of groundwater resources. Local communities have an important role to play in groundwater management and there is a need for devolution of power for local management of such resources.
Government initiatives
(1) National Water Policy (2012) by Department of Water Resources, River Development & Ganga Rejuvenation. The policy advocates –
Rainwater harvesting and conservation of water.
Highlights the need for augmenting the availability of water through direct use of rainfall.
Conservation of river, river bodies and infrastructure in a scientifically planned manner through community participation.
(2) Creation of a new Ministry of Jal Shakti for dealing with all matters relating to water at one place in an integrated manner.
(3) Atal Bhujal Yojana (Atal Jal): It is a Central Sector Scheme, for sustainable management of groundwater resources with community participation in water-stressed blocks.
(4) Mass awareness programs (Training, Seminars, Workshops, Exhibitions, Trade Fares and Painting Competitions, etc.) are conducted from time to time each year under the Information, Education & Communication (IEC) Scheme.
(5) Encouraging farmers to adopt micro-irrigation techniques such as drip irrigation and micro-sprinklers.
The government has initiated schemes like the DRIP program, more drop per crop, Krishi Sinchai Yojana to ensure economical water use practices in agriculture.
(6) Use of tensiometer: The tensiometer gives visual information about the availability of soil moisture conditions. Irrigating the field based on this information will help conserve groundwater.
Way Forward
Routine survey at regular intervals: There should be regular assessment of groundwater levels to ensure that adequate data is available for formulating policies and devising new techniques.
Assessment of land use pattern: Studies should be carried out to assess land use and the proportion of agricultural land falling under overt-exploited units.
This will help in determining suitable crop patterns in water-stressed areas.
Changes in farming methods: To improve the water table in those areas where it is being overused, on-farm water management techniques and improved irrigation methods should be adopted.
Methods for artificial recharge of groundwater are also welcome.
Bottom-up approach by empowering the local community to become active participants in managing groundwater.
Creating regulatory options at the community level such as panchayat is also one among the feasible solutions.
Traditional methods of water conservation should be encouraged to minimize the depletion of water resources.
Reforms in power supply subsidies for agriculture: The agricultural power-pricing structure needs to be revamped as the flat rate of electricity adversely affects the use of groundwater.
Monitoring groundwater extraction: There should be a policy in place to monitor the excessive exploitation of groundwater resources to ensure long-term sustainability.
Water meters could be installed to monitor overuse.
There should be restrictions to cut off the access to groundwater in areas identified as “critical” and “dark zones”, where the water table is overused or very low.
There is a need to treat water as a common resource rather than private property to prevent its overexploitation
Preventing groundwater pollution – Steps to minimize and control the dumping of industrial waste into surface water and underground aquifers should also be taken to prevent groundwater from getting polluted.
Problems and issues such as waterlogging, salinity, agricultural toxins, and industrial effluents, all need to be properly looked into.
The synergy between Central, State and Local governments – Steps need to be taken to achieve optimum benefits of groundwater conservation schemes.
This can be done by ensuring coordination between all the ministries and departments of government at the Central, State, and Local levels.
Water to be brought under Concurrent List – If water is brought under the Concurrent List of the Indian Constitution, this can help in the development of a comprehensive action plan.
Consensus between the centre and states will result in better conservation, development and management of water, including groundwater.
Surface water body management: Restoration of ponds, lakes and other traditional water resource structures should be an integral part of the development projects of urban and rural areas and it will substantially develop groundwater potential.
Wastewater management: Dual sewage system for grey water and black water and promoting reuse of the recycled water in agriculture and horticulture.
Industries should also be encouraged to increase water use efficiency, effluent treatment, reuse of used water, zero liquid discharge, etc.
Implementing Mihir Shah Committee (2016) recommendations: Central Water Commission and the Central Ground Water Board could be united and a national water framework with an integrated perspective developed.
There is also a need to work out locallevel plans covering water resources in all their forms: rainwater, surface water, soil water and groundwater and the resource use sectors.
Conclusion
Groundwater depletion is becoming an alarming issue day by day. It is high time that the causes are paid attention to and appropriate measures are taken to prevent a possible water crisis in the future. Leveraging schemes like Atal Bhujal Yojana which seeks to strengthen the institutional framework and bring about behavioral changes at the community level for sustainable groundwater resource management is vital.
The new paradigm for groundwater management is a socioecological challenge, where localism matters. It warrants technical, economic, legal and governance remediation with space for active public participation and community regulatory options to maintain groundwater balance at the village/watershed level.
The Union Home Ministry has considerably reduced the “disturbed areas” under the Armed Forces (Special) Powers Act (AFSPA) in Assam, Manipur and Nagaland.
AFSPA: A Backgrounder
The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.
Armed Forces (Special Powers) Act, 1958
Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in “disturbed areas.”
AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
The Act further provides that if “reasonable suspicion exists”, the armed forces can also arrest a person without warrant; enter or search premises without a warrant; and ban the possession of firearms.
What are the Special Powers?
The ‘special powers’ which are spelt out under Section 4 provide that:
(a) Power to use force, including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;
(b) Power to destroy structures used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;
(c) Power to arrest without warrant and to use force for the purpose;
(d) Power to enter and search premises without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.
What are the Disturbed Areas?
A disturbed area is one that is declared by notification under Section 3 of the AFSPA.
As per Section 3, it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.
Who can declare/notify such areas?
The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
A suitable notification would have to be made in the Official Gazette.
Presently ‘Disturbed Areas’
AFSPA is currently in force in Assam, Nagaland, Manipur, 3 districts of Arunachal Pradesh, and areas falling within the jurisdiction of 8 police stations in Arunachal Pradesh bordering Assam.
In Jammu and Kashmir, a separate law Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 has been in force.
AFSPA: Is it a License to Kill?
While the operation of the Section has been controversial in itself, it has attracted much criticism when actions have resulted in the death of civilians.
Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
Protection against prosecution: This power is further bolstered by Section 6 which provides that legal can be instituted against the officer, except with the previous sanction of the Central Government.
Supreme Court’s Observations over AFSPA
These extra-judicial killings became the attention of the Supreme Court in 2016.
It clarified that the bar under Section 6 would not grant “total immunity” to the officers against any probe into their alleged excesses.
The judgment noted that if any death was unjustified, there is no blanket immunity available to the perpetrator(s) of the offense.
The Court further noted that if an offense is committed even by Army personnel, there is no concept of absolute immunity from trial by the criminal court constituted under the CrPC.
Constitutionality of AFSPA
Attempts have been made to examine the constitutionality of the Act on the grounds that it is contravention to the:
Right to Life and Personal Liberty (Article 21) and
Federal structure of the Constitution since law and order is a State subject
Recommendations to repeal AFSPA
(1) Justice B.P. Jeevan Reddy Commission
The 2004 Committee headed by Justice B.P. Jeevan Reddy, the content of which has never officially been revealed by the Government, recommended that AFSPA be repealed.
Additionally, it recommended that appropriate provisions be inserted in the Unlawful Activities Prevention Act, 1967 (UAPA) instead.
It also recommended that the UAPA be modified to clearly specify the powers of the armed forces and paramilitary forces and grievance cells should be set up in each district where the armed forces are deployed.
(2) ARC II
The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.
It recommended adding a new chapter to be added to the Unlawful Activities Prevention Act, 1967.
However, the recommendation was considered first and then rejected.
Other issues with AFSPA
(1) Sexual Misconduct by Armed Forces
The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012.
It observed that- in conflict zones, legal protection for women was neglected.
(2) Autocracy
The reality is that there is no evidence of any action being taken against any officer of the armed forces or paramilitary forces for their excesses.
Caution given by the Supreme Court
A July 2016 judgment authored by Justice Madan B. Lokur in Extra Judicial Execution Victim Families Association quoted the “Ten Commandments” issued by the Chief of the Army Staff for operations in disturbed areas:
Definite circumstances: The “power to cause death is relatable to maintenance of public order in a disturbed area and is to be exercised under definite circumstances”.
Declaration preconditions: These preconditions include a declaration by a high-level authority that an area is “disturbed”.
Due warning: The officer concerned decides to use deadly force on the opinion that it is “necessary” to maintain public order. But he has to give “due warning” first.
No arbitrary action: The persons against whom the action was taken by the armed forces should have been “acting in contravention of any law or order for the time being in force in the disturbed area”.
Minimal use of force: The armed forces must use only the “minimal force required for effective action against the person/persons acting in contravention of the prohibitory order.”
Empathy with perpetrators: The court said that: the people you are dealing with are your own countrymen. All your conduct must be dictated by this one significant consideration.
People friendliness: The court underscored how the Commandments insist that “operations must be people-friendly, using minimum force and avoiding collateral damage – restrain must be the key”.
Good intelligence: It added that “good intelligence is the key to success”.
Compassion: It exhorted personnel to “be compassionate, help the people and win their hearts and minds. Employ all resources under your command to improve their living conditions”.
Upholding Dharma (Duty): The judgment ended with the final Commandment to “uphold Dharma and take pride in your country and the Army”.
Conclusion
Despite demands by civil society groups and human rights activities, none of the recommendations have not been implemented to date.
The Supreme Court has found in the Dam Safety Act of 2021 a panacea to end the “perennial” legal battle between Tamil Nadu and Kerala over the Mullaperiyar dam.
What is the Dam Safety Act, 2021?
The Act comprehensively postulates for surveillance, inspection, operation and maintenance of dams to prevent disasters.
Its key features are as follows:
National Committee on Dam Safety (NCDS): It will be constituted and will be chaired by the chairperson, Central Water Commission. Its’ functions will include formulating policies and regulations regarding dam safety standards and prevention of dam failures, analyzing the causes of major dam failures, and suggesting changes in dam safety practices.
National Dam Safety Authority (NDSA): It will be headed by an officer, not below the rank of an Additional Secretary, to be appointed by the central government. The main task of this authority includes implementing the policies formulated by the NCD, resolving issues between State Dam Safety Organisations (SDSOs), or between an SDSO and any dam owner in that state, specifying regulations for inspection and investigation of dams.
State Dam Safety Organisation (SDSO): Its functions will be to keep perpetual surveillance, inspection, monitoring the operation and maintenance of dams, keeping a database of all dams, and recommending safety measures to owners of dams.
Dam Safety Unit: The owners of the specified dams are required to provide a dam safety unit in each dam. This unit will inspect the dams before and after the monsoon session, and during and after any calamity or sign of distress.
Emergency Action Plan: Dam owners will be required to prepare an emergency action plan, and carry out risk assessment studies for each dam at specified regular intervals.
Certain offences: The act provides for two types of offences – obstructing a person in the discharge of his functions, and refusing to comply with directions issued under the proposed law.
Why in news?
Kerala and Tamil Nadu have been trading charges against each other over the safety, operation and maintenance of the Mullaperiyar dam.
While Kerala claims the 126-year-old dam is unsafe, badly maintained and a threat to thousands of people living downstream, Tamil Nadu denies it.
Kerala is pitching for a new dam in place of the existing one, while Tamil Nadu, which operates and maintains the reservoir, argues that the dam is well-preserved and so strong that the height water level could even be increased to 152 feet.
What did the SC say?
A few days ago, the Supreme Court was in search of an answer to the “perennial problem” between the two neighbours over the dam.
It had mooted the idea of extending the powers of its own supervisory committee to take over charge of the safety and maintenance of the structure and its site.
The Bench even wondered whether the supervisory committee should now continue as the 2021 Act has made it redundant.
However, Kerala said the Centre was yet to appoint specialists to the NDSA.
India and Sri Lanka have signed an MoU for the Indian public sector Bharat Electronics Ltd (BEL) to set up a state of the art Maritime Rescue Co-ordination Centre (MRCC) in Colombo.
What is MRCC?
MRCCs are part of an international network under the UN’s International Maritime Organisation.
They aim to monitor the sea lanes with the objective of swift response to emergencies, such as vessels in distress, rescue and evacuation of people, and prevention of and containing environmental disasters such as oil spills.
Each country is responsible for its own Search and Rescue Region (SRR).
The work of MRCCs is co-ordinated by the Navy or Coast Guard in each country.
In India, the Coast Guard is the co-ordinating agency. In Sri Lanka, it is the Navy.
The MRCC will be established with a grant of $6 million from India.
Benefits offered
MRCC enhances co-operation on maritime security between the two countries in a part of the Indian Ocean region where the India-China rivalry has taken centre stage over the last decade.
This engagement will augment interoperability and seamless maritime actions like carrying out anti-smuggling operations in the Indian Ocean Region.
Why such a move by India?
Sri Lanka’s SRR is a wide swathe of 1,778,062. 24 sq kms of the Indian Ocean, and nearly 200 ships pass through these waters every day.
The MRCC agreement appears to be part of India’s SAGAR (Security and Growth for all in the Region) initiative in the Indian Ocean.
Issues with MRCC
The MRCC has been controversial in Sri Lanka who see every development by India suspicious.
Sri Lanka’s Defence Ministry issued a clarification on the MRCC, as well as on recent agreements with India for a naval floating dock and Dornier aircraft.
The clarification has provided more details about the agreements than have been in the public domain so far.
Many states are trying to restore Old Pension Scheme and discontinue the National Pension System (NPS).
What is the Defined Pension Benefit Scheme (old)?
The scheme assures life-long income, post-retirement.
Usually the assured amount is equivalent to 50% of the last drawn salary.
The Government bears the expenditure incurred on the pension.
The scheme was discontinued in 2004.
What is the National Pension System (NPS)?
The Union government under PM Vajpayee took a decision in 2003 to discontinue the old pension scheme and introduced the NPS.
The scheme is applicable to all new recruits joining the Central Government service (except armed forces) from April 1, 2004.
On the introduction of NPS, the Central Civil Services (Pension) Rules, 1972 was amended.
Features of NPS
It is a scheme, where employees contribute to their pension corpus from their salaries, with matching contributions from the government.
The funds are invested in earmarked investment schemes through Pension Fund Managers.
At retirement, they can withdraw 60% of the corpus, which is tax-free and the remaining 40% is invested in annuities, which is taxed.
It can have two components — Tier I and II.
Tier-II is a voluntary savings account that offers flexibility in terms of withdrawal, and one can withdraw at any point of time, unlike Tier I account.
Private individuals can opt for the scheme.
What were the changes introduced in 2019?
In 2019, the Finance Ministry said that Central government employees have the option of selecting the Pension Funds (PFs) and Investment Pattern in their Tier-I account.
The default pension fund managers are the LIC Pension Fund Limited, SBI Pension Funds Pvt. Limited and UTI Retirement Solutions Limited in a predefined proportion.
Who is the regulatory authority?
The Pension Fund Regulatory and Development Authority (PFRDA) is the regulator for NPS.
PFRDA was set up through the PFRDA Act in 2013 to promote old age income security by developing pension funds to protect the interest of subscribers to schemes of pension funds.
What is the subscriber base?
As on February 28, there were 22.74 lakh Central government employees and 55.44 lakh State government employees enrolled under the NPS.
Why in news now?
In Feb, Rajasthan CM announced restoration of the old pension scheme for the government employees, who joined the service on or after January 1, 2004.
The announcement meant that the National Pension System (NPS) would be discontinued in the State.
The center had maintained that restoration of the old system would cause an unnecessary financial burden on the government.
Cons of NPS
Forfeiture of pension: The NPS scheme was created by the Government of India, in order to stop all the defined pension related benefits that it gave to its employees.
Withdrawal restrictions: NPS restricts all kinds of withdrawals, before the subscriber reaches the age of 60 years.
No tax benefits: The NPS corpus, which the subscriber can use for buying annuity or for drawing pensions, is taxable, when the schemes matures.
Limit on investment: The subscriber cannot invest more than 50% of his or her total investment in the NPS account, towards the equities.
No guarantee: While NPS is a government scheme, the corpus is created according to the returns, which are generated under the corporate bonds, government securities, and equity.
Try this PYQ:
Q.Who among the following can join the National Pension System (NPS)?
(a) Resident Indian citizens only
(b) Persons of age from 21 to 55 only
(c) All-State Government employees joining the services after the date of notification by the respective State Governments
(d) All Central Governments Employees including those of Armed Forces joining the services on or after 1st April 2004
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