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  • [Burning Issue] Debate over Capital Punishment

    Context

    • After a prolonged court case in Ahmedabad Serial Blast Case 2008, a special court pronounced the punishments for the convicted, with 38 given death penalty.
    • This is the highest number ever given death sentence in any ruling in India.
    • On July 26, 2008, a series of 21 bomb blasts hit Ahmedabad within a span of 70 minutes, killing 56 people and injuring over 200.

    Hence the debate surrounding capital punishments has once again started. With the increasing strength of the human rights movement in India, the existence of capital punishment is questioned as immoral.

    What is Capital Punishment?

    • Capital punishment, sometimes called death penalty, is execution of an offender sentenced to death after conviction by a court of law for a criminal offense.
    • It should be distinguished from extrajudicial executions carried out without due process of law.
    • The term death penalty is sometimes used interchangeably with capital punishment, though imposition of the penalty is not always followed by execution, because of the possibility of commutation to life imprisonment.

    When is it awarded?

    • The term “Capital Punishment” stands for most severe form of punishment.
    • It is the punishment which is to be awarded for the most heinous, grievous and detestable crimes against humanity.
    • While the definition and extent of such crimes vary, the implication of capital punishment has always been the death sentence.

    Historical Background

    • Capital punishment is an ancient sanction.  There is practically no country in the world where the death penalty has never existed.
    • History of human civilization reveals that during no period of time capital punishment has been discarded as a mode of punishment.
    • Capital punishment for murder, treason, arson, and rape was widely employed in ancient Greece under the laws of Draco, though Plato argued that it should be used only for the incorrigible.
    • The most terrible form of public beheading still persists in Saudi Arabia and other Gulf Countries (and surprisingly, it is one of the most cherished public event).
    • Pakistan has death penalty even for the juveniles.

    Capital Punishment in India

    • Article 21 ensures the Fundamental Right to life and liberty for all persons.
    • It adds no person shall be deprived of his life or personal liberty except according to procedure established by law.
    • Capital punishment is an integral part of the Indian criminal justice system.
    • The Indian Penal Code (IPC) provides that only in following offences, capital punishment could be awarded:
    1. Murder (s.302),
    2. Abetment of suicide by a minor, insane person or intoxicated person (s.305),
    3. Threatening or inducing any person to give false evidence resulting in the conviction and death of an innocent person (s.195A),
    4. Perjury resulting in the conviction and death of an innocent person (s.194),
    5. Treason, for waging war against the Government of India (s.121),
    6. Abetment of mutiny actually committed (s.132),
    7. Attempted murder by a serving life convict (s.307(2)),
    8. Kidnapping for ransom (s.364A),
    9. Dacoity [armed robbery or banditry] with murder (s.396),
    10. Criminal conspiracy (s. 120 B),
    11. Death penalty is also provided under the following special and local laws:
    1. Unlawful Activities Prevention Act, 1967 (as amended in 2004)
    2. Defence and Internal Security of India Act, 1971
    3. Defence of India Act, 1971
    4. Commission of Sati (Prevention) Act, 1987
    5. Narcotic Drugs and Psychotropic Substances (Prevention) Act, 1985, as amended in, 1988
    6. Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA)
    7. Prevention of Terrorism Act 2002, (POTA)
    8. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
    9. Explosive Substances Act, 1908 (amended in 2001)
    10. Arms Act, 1959 (amended in 1988)
    11. Laws relating to the Armed Forces, for example the Air Force Act 1950, the Army Act 1950 and the Navy Act 1950 and the Indo-Tibetan Border Police Force Act 1992
    12. Various states (Andhra Pradesh, Karnataka, Arunachal Pradesh and Maharashtra) have control of Organised Crime Acts which entail the death penalty.

    Special factors on the death penalty jurisprudence in India

    (a) Increase in Sexual Offences

    • The report on death penalty published by NLU Delhi shows that the rate of awarding capital punishment to the offences of rape with murder is much higher than other offences.
    • There is no doubt that rape is one of the most heinous crimes.

    (b) Sedition and waging War against India

    • India has seen many cases of treason, terrorism and seditious activities.
    • It is in fact the most vulnerable state for such crimes.

    Judicial observations related to Death Penalty

    The Supreme Court has always said that the death sentence should be given rarely.

    Judgments against:

    (a) Mithu vs State of Punjab (1983):

    • The Supreme Court ruled that the mandatory death penalty is unconstitutional.
    • It struck down Section 303 in the IPC, which entailed a mandatory death sentence for a person who commits murder while serving a life term in another case.
    • The Supreme Court ruled Section 303 violated Articles 14 (right to equality) and 21 (right to life) since an unreasonable distinction was sought to be made between two classes of murders.

    (b) State of Punjab vs Dalbir Singh (2012):

    • Similarly, the Supreme Court ruled that mandatory death penalty as punishment for crimes under Section 27 (3) of the Arms Act, 1959, was unconstitutional.

    (c) Channulal Verma vs State of Chhattisgarh (2018):

    • In Channulal, the Supreme Court, through Justice Kurian Joseph noted that the time was appropriate to review the constitutionality of the death penalty and take into consideration reformative aspects of punishment

    Judgments in favour:

    • In Jagmohan Singh vs State of UP’ (1973), then in ‘Rajendra Prasad vs State of UP’ (1979), and finally in ‘Bachan Singh vs State of Punjab’ (1980) the Supreme Court affirmed the constitutional validity of the death penalty.
    • It said that if capital punishment is provided in the law and the procedure is a fair, just and reasonable one, the death sentence can be awarded to a convict.
    • This will, however, only be in the “rarest of rare” cases, and the courts should render “special reasons” while sending a person to the gallows.

    What is a “Rarest of Rare” Case?

    • The principles of what would constitute the “rarest of rare” were laid down by the top court in the landmark judgment in ‘Bachan Singh’.
    • Two prime questions, the top court held, may be asked and answered:
    1. First, is there something uncommon about the crime which renders the sentence of imprisonment for life inadequate and calls for a death sentence?
    2. Second, are there circumstances of the crime such that there is no alternative but to impose the death sentence even after according maximum weightage to the mitigating circumstances which speak in favour of the offenders?

    Avenues available to a Death-Row Convict

    • Confirmation by HC: After a trial court awards the death penalty, the sentence must be confirmed by a High Court. The sentence cannot be executed till the time the High Court confirms it, either after deciding the appeal filed by the convict, or until the period allowed for preferring an appeal has expired.
    • Review Petition: If the High Court confirms the death penalty and it is also upheld by the Supreme Court, a convict can file a review petition.
    • Curative Petition: If the review petition is rejected, the convict can file a curative petition for reconsideration of the judgment.
    • Mercy Petition: Under Article 72 of the Indian Constitution, the President shall have the power to grant pardons, reprieves, respites, or remissions of punishments or to suspend, remit or commute the sentence of any convicted person.

    Debate over Death Penalty

    Arguments in favor:

    • Forfeiture of life: Supporters of the death penalty believe that those who commit murder, because they have taken the life of another, have forfeited their own right to life.
    • Moral indignation of the victim: It is a just form of retribution, expressing and reinforcing the moral indignation not only of the victim’s relatives but of law-abiding citizens in general.
    • Highest form of Justice: For heinous crimes such as the Nirbhaya Gangrape Case, no other punishment could have deterred the will of the convicts.
    • Deterrent against crime: Capital punishment is often justified with the argument that by executing convicted murderers, we will deter would-be murderers from killing people.
    • Proportional punishment: The guilty people deserve to be punished in proportion to the severity of their crime.
    • Prevailing lawlessness: The crimes we are now witnessing cannot be addressed by simple punishments. We are seeing horrific attacks on women, young girls, minority communities and Dalits etc.
    • Prevention of crime is non-existent: Despite of stringent regulations, it is certainly visible that some crimes can never be prevented in our society.

    Arguments against:

    • Eye for an eye: Reformative justice is more productive, that innocent people are often killed in the search for retribution, and that “an eye for an eye makes the whole world blind.
    • Deterrence is a myth: Death penalty is not a deterrent to capital crimes state that there is no evidence to support the claim that the penalty is a deterrent.
    • Political tool of suppression: The authorities in some countries, for example Iran and Sudan, use the death penalty to punish political opponents.
    • Reverence for life’ principle: Death penalty is an immoral punishment since humans should not kill other humans, no matter the reasons, because killing is killing.
    • Stigma against killing: With the introduction of lethal injection as execution method, medical professionals participate in executions. Many professionals have now refused to administer such deaths.
    • Skewed justice systems: In many cases recorded by Amnesty International, people were executed after being convicted in grossly unfair trials, on the basis of torture-tainted evidence and with inadequate legal representation.
    • Discriminatory nature: The weight of the death penalty is disproportionally carried by those with less advantaged socio-economic backgrounds or belonging to a racial, ethnic or religious minority.  
    • Penalizing the innocents: The risk of executing the innocent precludes the use of the death penalty. Our colonial history has witnessed many such executions.

    Other issues with such executions

    (a) Socio-Economic Factors

    • The recent statistics shows that the death row prisoners in India are more from the backward classes of the society.
    • The death row prisoners belong to backward classes and religious minorities and the majority of convicts’ families are living in adjunct poverty.
    • These people who are backward both in economic and social respects, are not in a position to here expensive lawyers and get proper representation in the Court.

    (b) Delayed Execution

    • The law provides for a long process before the execution of the convicts actually takes place.
    • The unexplained delay in execution can be a ground for commutation of death penalty, and an inmate, his or her kin, or even a public-spirited citizen could file a writ petition seeking such commutation.
    • Their trials are often cruelly forced to endure long periods of uncertainty about their fate.

    Way forward: Law Commission recommendations on death penalty

    The Law Commission of India in its 262nd Report (August 2015) recommended that:

    • Death penalty be abolished for all crimes other than terrorism related offences and waging war.
    • Measures such as police reforms, witness protection scheme and victim compensation scheme should be taken up expeditiously by the government.  
    • It felt that time has come for India to move towards abolition of the death penalty. However the concern is often raised that abolition of death penalty for terrorism-related offences and waging war, will affect national security.

    Further, the Commission sincerely hopes that the movement towards absolute abolition will be swift and irreversible

    Conclusion

    • The society is in uproar today as crime is constantly on the rise.
    • Law enforcement structures are struggling to meet the expectations of the civil society.
    • In a rapidly antipathic society, our legal structures need to send a strong message to enforce the idea that punishment will be “consequential” and commensurate to the crime.

  • TB’s steep socio-economic cost to women

    Context

    As India steadily steers its way through the pandemic to safer shores, we must foreground a disease which has been impacting our country for years, and disproportionately affecting women –  tuberculosis.

    Toll of TB

    • In India, the TB case fatality ratio increased from 17 per cent in 2019 to 20 per cent in 2020.
    • According to a joint report (2010-13) of the Registrar General of India and the Centre for Global Health Research, TB was the fifth-leading cause of death among women in the country, accounting for nearly 5 per cent of fatalities in women aged 30–69.

    How TB affects women more than men

    • Much steeper socio-economic price: While both men and women suffer the consequences of this debilitating disease, women patients pay a much steeper socio-economic price.
    • Beyond clinical metrics: From social ostracisation and lack of family support to the negative impact on marital prospects, women absorb the repercussions of TB beyond the clinical metrics.
    • Stigma also acts as a strong deterrent when it comes to health-seeking behaviour.
    • Fewer women, therefore, get included in the available cascade of care for TB.

    Measures by government

    • In 2019, the Health Ministry-Central TB Division developed a national framework for a gender-responsive approach to TB in India.
    • The document takes cognisance of the challenges faced by women in accessing treatment and offers actionable solutions.
    • Gender-responsive policy interventions: In December 2021, a parliamentary conference on ‘Women Winning Against TB’ was organised by the Ministry of Women and Child Development where gender-responsive policy interventions were discussed.
    • The Vice-President of India urged states to take proactive steps such as ensuring nutritional support to women and children and the doorstep delivery of TB services, especially for women from socio-economically weaker backgrounds.

    Suggestions

    1] Highlight the issue at the relevant forum

    • One, as elected representatives, we need to come together more to highlight the issue at all relevant forums and spaces.
    • These meetings see increased participation of women leaders from all walks of life in the community going forward.

    2] Strengthen counselling network

    • We need to strengthen counselling networks for women patients and their families.
    • Irrespective of where the patient seeks care – public or private sector – build the capacity of healthcare workers to educate the patient’s family about the importance of providing her a supportive environment during the course of her treatment.

    3] Nutritional needs

    • We need to ensure that the nutritional needs of women are being met.
    • Undernutrition is a serious risk factor for TB and research indicates such risks are higher for women.
    • It is commendable that the government, through Nikshay Poshan Yojana, has effectively provided a monthly benefit of Rs 500 to enable a nutritious diet for TB patients in the last few years.
    • For the 2020 cohort, the total amount paid under NPY via DBT has been over  Rs 200 crore.
    • Additionally, we can look to further strengthen inter-departmental coordination, wherein the Public Distribution System can explore appropriate linkages with relevant departments of the MoHFW and even include a protein-rich diet for TB patients.

    4] Amplify accurate TB messaging

    • At a community level, we must amplify accurate TB messaging and showcase how gender plays a role in determining the course of action on the ground.

    Conclusion

    These are universal problems that must transcend gender binaries. Only when equitable solutions are offered to vulnerable sections of society will we be able to realise the dream of TB-Mukt Bharat.

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  • Patent Rights on COVID-19 jabs may be waived

    The World Trade Organization chief has hailed a breakthrough between the EU, the United States, India and South Africa on waiving intellectual property rights on Covid-19 vaccines.

    What is a Patent?

    • A patent is an exclusive right granted for an invention.
    • In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem.
    • To get a patent, technical information about the invention must be disclosed to the public in a patent application.
    • The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms.
    • The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent.
    • Once a patent expires, the protection ends, and an invention enters the public domain; that is, anyone can commercially exploit the invention without infringing the patent.

    Terms of Patent

    • Patents may be granted for inventions in any field of technology, from an everyday kitchen utensil to a nanotechnology chip.
    • An invention can be a product – such as a chemical compound, or a process, for example – or a process for producing a specific chemical compound.
    • Patent protection is granted for a limited period, generally 20 years from the filing date of the application.
    • Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region.

    Back2Basics: Intellectual Properties

    • IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create.
    • By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

    Types of IP:

    (1) Copyright

    • Copyright is a legal term used to describe the rights that creators have over their literary and artistic works.
    • Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.

    (2) Patents

    Discussed above

    (3) Trademarks

    • A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
    • Trademarks date back to ancient times when artisans used to put their signature or “mark” on their products.

    (4) Geographical Indications

    • Geographical indications and appellations of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin.
    • Most commonly, a geographical indication includes the name of the place of origin of the goods.

    (5) Trade secrets

    • Trade secrets are IP rights on confidential information which may be sold or licensed.
    • The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.

     

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  • [Sansad TV] Perspective: Surgical Strikes

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    Context

    • February 26th marked the third anniversary of the Balakot airstrike which was conducted by Indian Air Force targeting the terrorist camps operating in Balakot town of Pakistan.
    • It was done in response to a suicidal attack on convoy of vehicles carrying CRPF personnel plotted by Jaish-e-Mohammed in Pulwama district of Jammu.
    • This surgical strike marked a major shift in India’s response to Pakistani sponsored cross border terror activities.

    In this article, we will discuss and analyse all aspects of Balakot Air Strike (Surgical Strike), its impact and the way forward against the threat of terror.

    What is a Surgical Strike?

    • Surgical Strike is a military attack that is carried out to damage military targets, minimal collateral damage to the surrounding and the general public infrastructure.
    • The aim is to eliminate the target without causing collateral damage to nearby areas and civilians.
    • Surgical strikes require not just detailed and exhaustive planning but need to be carried out with absolute precision to achieve the objective of taking down targets with either no or minimal collateral damage.

    Try this question from CS Mains:

    Q.The terms ‘Hot Pursuit’ and ‘Surgical Strikes’ are often used in connection with armed action against terrorist attacks. Discuss the strategic impact of such actions. (UPSC CSE 2016)

    Reasons for conducting such strikes

    • Public outrage: Indian policymakers and military planners knew that only a military response would calm the enraged minds of their fellow citizens.
    • Political backing: Unlike the present instance, however, India’s special operations in Pakistan were kept secret and never revealed to the public.

    Significance of the strike

    • Offensive retaliation: The public announcement of the strike marked a change in India’s policy towards such attacks.
    • Demonstration of capability: It had become clear that India would at some stage be forced to act. And India acts in full capacity.
    • Perception change: The acknowledgment came amid scepticism and disputing accounts of the attack.
    • Paradigm shift in defence policy: Therefore this marked a paradigm shift in India’s response to terror attacks adding a new essence to the defence policy of India. 
    • Risk-taking: The decision to exploit the space below the ceiling of a full blown war to launch a sub-conventional operation seems to have been a well calculated risk.

    Beneficial outcome

    • Reduction in infiltration: It led to a considerable reduction in infiltrations from across the border bringing down the cases of terror attacks. 
    • Support for independent actions:  In earlier instances, we would hold ourselves back owing to the ramifications any such act would have internationally. Many countries endorsed India’s move.
    • Demoralised terrorist organisations: The pro-activeness in taking down infiltrators on their home-ground had a huge impact on demoralising the forces planning India’s destruction.
    • High morale of public and the economy: The strikes proved to be an important element for maintaining the morale of the people of India and the armed forces.
    • Demise of terror outfits: Dreaded terror groups like the Islamic State and al Qaeda have failed in their persistent attempts to target India and the country’s interests. (Though they now have emerged as TRF-the resistance front.)
    • Change of narrative: Pakistan’s ‘high effect low cost war’ becomes a ‘low effect high cost war’ and that is exactly what the surgical strikes have achieved.

    Various steps undertaken

    A number of steps have been taken to structurally enhance India’s defence capabilities and preparedness:

    • Defence Procurement Policy: It brought out in 2020 provides for a vision to turn India from an arms importer to an exporter.
    • Make in India and Atmanirbharta: A huge emphasis has been laid on new initiatives such as Make in India which call for greater indigenisation and relaxed FDI norms in the defence sector to encourage investment in defence production.
    • Defence collaborations: The government has also entered into a number of agreements with different countries for the modernisation of defence equipment and weapons.  
    • iDEX programme: The government is also tapping the start-up ecosystem through its flagship Innovations in Defence Excellence (iDEX) programme.

    Issues with such strikes

    • Populist measures: Cross-border strikes by a state must not be seen as mocking the authority and political resolve of another government.
    • No alternative to diplomacy: Such an approach leaves neither side with any room for diplomatic manoeuvre, working severely to the detriment of a political solution.
    • Army going populist: What surprised many this time was the very public nature of the announcement about the counter strike and claims of heavy casualties inflicted.
    • Overt Politicization: There has been too much politicking, with the army needlessly dragged into this controversy.  
    • Burden of proof: Even after years, many political factions are seeking more objective proofs from the government and army of the actual operations.

    Way forward

    • There is a necessity to strengthen India’s strategic intent in order to convey to the adversaries that India is militarily capable of averting the terror threats to which the actions like Balakot airstrike stands significant.
    • This approach shall continue with consistency. 
    • It has been suggested by an expert that the revision of plans and policies pertaining to national security, should be based on the situation involving a thorough assessment. 
    • The strategy of preparedness towards escalation as an immediate response to any terror attack needs to continue. 
    • Beyond the employment of the defence forces, India can also extend its diplomatic influence as a preventive measure to spread the fear of economic sanctions for its major adversary Pakistan. 

  • Wearing hijab is not essential part of religion: Karnataka HC

    The Karnataka High Court has upheld the ban on the wearing of hijab (head scarf) by students in schools and colleges in the State.

    [Burning Issue] Freedom of religion and attire

    The Judgment

    • The judgment was delivered by a three-judge bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S. Dixit and Justice J.M. Khazi.
    • It rejected all the petitions filed by girl students of pre-university colleges in Udupi district.

    Key takeaways

    • The HC held that wearing hijab is not an essential religious practice in Islam and is not, therefore, protected under by the right to freedom of religion guaranteed by Article 25 of the Constitution.
    • The court said it was a reasonable restriction that was constitutionally permissible.
    • The Bench also upheld the legality of the order prescribing guidelines for uniforms in schools and pre-university colleges under the provisions of the Karnataka Education Act, 1983.
    • The court said that school uniform will cease to be a uniform if hijab is also allowed.

    What else did the court observe?

    • The Bench also spoke about the possibility of some “unseen hands” behind the hijab row to engineer social unrest and disharmony.
    • It expressed dismay over the issue being blown out of proportion by the powers that be.

    Reactions on the Judgment

    • Some factions have said that the order is a blow to right to education for Muslim women.
    • Other see it as an empowerment of women.
    • Feminists says that it’s not about an item of clothing, it’s about the right of a woman to choose how she wants to dress.
    • The Leftists perceived it as a blow against the universal right to education without discrimination, guaranteed by the law and the Constitution of India.

     

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  • SC averse to ‘Sealed Cover Jurisprudence’

    Two separate Benches of the Supreme Court tore into the “sealed cover jurisprudence” practiced by the government in courts.

    What is the news?

    • The Supreme Court has allowed the Malayalam TV news channel MediaOne to resume broadcast, nearly six weeks after the government revoked its security clearance forcing it to shut down.
    • The channel was given security clearance by the MHA in February 2011 following which it obtained a licence to operate the channel in September 2011.
    • On January 5 this year, the channel was issued notice to revoke permission on the ground of “national security and public order”.
    • In February 2020, the channel’s licence was briefly suspended by MHA following its coverage of the Delhi riots.

    What did the court observe?

    • The court was critical about how the government and its agencies file reports in sealed envelopes directly in court without sharing the contents with the opposite party.
    • Being kept in the dark about the material contained in a sealed cover report, the petitioners are crippled in mounting a defence, not knowing what they are supposed to defend against.
    • At times, their cases, mostly involving fundamental rights such as personal liberty, are dismissed on the basis of the secret contents ensconced in the sealed covers.

    What is Sealed Cover Jurisprudence?

    • It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.
    • A specific law does not define the doctrine of sealed cover.
    • The Supreme Court derives its power to use it from Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.

    Nature of the power: Upholding Secrecy

    • If the Chief Justice or court directs certain information to be kept under sealed cover or considers it of confidential nature, no party would be allowed access to the contents of such information.
    • There is an exception to this if the Chief Justice himself orders that the opposite party be allowed to access it.
    • It also mentions that information can be kept confidential if its publication is not considered to be in the interest of the public.
    • As for the Evidence Act, official unpublished documents relating to state affairs are protected and a public officer cannot be compelled to disclose such documents.

    Grounds of such secrecy

    Other instances where information may be sought in secrecy or confidence is when its publication:

    1. Impedes an ongoing investigation
    2. Details which are part of the police’s case diary or
    3. Breaches the privacy of an individual

    Prominent cases of sealed jurisprudence

    Sealed cover jurisprudence has been frequently employed by courts in the recent past.

    (1) Rafale Deal

    • In the case pertaining to the controversial Rafale fighter jet deal, a Bench headed by CJI Ranjan Gogoi in 2018, had asked the Centre to submit details related to deal’s decision making and pricing in a sealed cover.
    • This was done as the Centre had contended that such details were subject to the Official Secrets Act and Secrecy clauses in the deal.

    (2) Bhim Koregaon Case

    • In the Bhima Koregaon case, in which activists were arrested under the Unlawful Activities Prevention Act.
    • The Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover.

    Criticism of such acts

    • Critics of this practice contend that it is not favorable to the principles of transparency and accountability of the Indian justice system.
    • It stands in contrast to the idea of an open court, where decisions can be subjected to public scrutiny.
    • It is also said to enlarge the scope for arbitrariness in court decisions, as judges are supposed to lay down the reasoning for their decisions.
    • Besides, it is argued that not providing access to such documents to the accused parties obstructs their passage to a fair trial and adjudication.

    How has the judiciary responded to this?

    • In the 2019 judgment in the case of P Gopalakrishnan V. The State of Kerala, the Supreme Court had said that disclosure of documents to the accused is constitutionally mandated.
    • This is possible even if the investigation is ongoing and said documents may lead to breakthroughs in the investigation.

     

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  • [Yojana Archive] Samagra Shiksha: Skilling Youth for Future

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    February 2022

    Context

    • Historically, vocational education in schools has been accorded high priority since National Policy on Education, 1986, and Centrally Sponsored Scheme (CSS) of Vocationalization of Secondary Education was launched in 1988.
    • Currently, the scheme is being implemented as part of the Centrally Sponsored Scheme ‘Samagra Shiksha’ and has been aligned with the National Skills Qualification Framework (NSQF).
    • The vocational subjects are introduced as an additional subject at the Secondary level and as a compulsory elective subject at Senior Secondary level.

    Need for Vocational Education in India

    • Demographic Dividend: India is a young country with an average age of just 28 years. In fact, more than 60% of the population in the country is in the working age (15-64 years).  
    • Demographic Disaster: However, due to low availability of adequate skill, the energy of youth is not being harnessed properly. Therefore, the youth is venting out their frustration in illegal activities. If the situation continues to persist, the demographic dividend may eventually turn into demographic disaster.
    • Increasing the employability: India is experiencing an enhancement in the literacy levels due to sustained efforts in the last few decades. However, increasing literacy is much more related to disseminating the basic numeracy and knowledge of language. It does not prepare an individual for the employment of the new age. Instead, it is skill upgradation which is critical to ensure the employability of individuals.
    • Demand-Supply Mismatch: The paradoxical problem India faces today is the huge availability of manpower and contradictory shortage of skilled personnel in the industry. Thus, the need of the hour is to update the curriculum as per the needs of the industry so that the imparted skills are useful in finding employment in the current scenario.
    • Decreasing the Pressure on Academic Higher Education: At the same time, it needs to be understood that scant resources are prioritized towards individuals who can use them in a more efficient manner. For e.g., an athlete, who has no interest in theoretical academics, may not be forced to complete a language course out of pure academic necessity.

    Features of Samagra Shiksha

    • The CSS of Vocationalization of Secondary Education was finally integrated as a part of Samagra Shiksha, which is also a Centrally Sponsored Scheme.
    • The scheme has been implemented in government schools and government-aided schools.
    • It provides for an additional subject at the secondary level and a compulsory elective in senior secondary level.
    • The scheme provides for creation of a trade specific laboratory setup within the school which is used to impart hands-on training to the students.

    Underlying principles

    • Age-appropriate education: The scheme seeks to provide age-appropriate education to the students so that they are able to achieve the required outcomes.
    • Informed choice on interests: Students choose their area of interest before secondary and senior secondary levels. However, before offering the choices, it is important that the students are able to out of the available collection.
    • Activity Based Learning: The aim of vocational education is to apply the knowledge gained till today to the real world. Therefore, the course seeks to decrease the distinction between the theoretical knowledge and its applications in the outer world. At the same time, the children will learn a new skill and also, take a conscious decision about their future path.
    • Sense of contribution: It is felt that the society does not perceive manual labour in the same manner as it perceives the high-paying, managerial jobs. Such jobs are looked down upon in the society. The scheme seeks to end this distinction by inculcating a sense of respect for the manual labour at the foundational age of a child.
    • Development of Soft Skills: Again, the scheme teaches the importance of values like teamwork, cooperation, aesthetics, quality consciousness and sustainability in the form of judicious use of raw materials. Such qualities are desirable in a student aspiring to play a bigger role in the society in the later stages of life.
    • Simulated training: Samagra Shiksha is unique in the sense that it provides real life experience to the students in the form of internship/On-the-Job Training. In fact, the State governments have already been advised to treat the vocational subjects taught in Samagra Shiksha at par with other academic subjects.
    • Value Addition: Apart from the knowledge of vocational subject, Samagra Shiksha also provides for imparting other skills like Communication, Entrepreneurship, Green skills, Self-management and IT Skills to the students, so that their employability is enhanced to a higher extent.
    • Career transition: The problem which the students pursuing vocational education face is related to transfer or migration from one place to another in pursuit of better opportunities and facilities. However, the scheme seeks to resolve the issue by providing for a credit-based education.  
    • Credit-based academics: The new system targets a specific number of credits to be achieved in a particular session or semester in a course. It is immaterial whether the credits are accumulated in a single institution or multiple institutions. This will facilitate transfer and movement of students to a new location even in the middle of a semester.
    • Hub and Spoke Model: To fulfil the gap created by lack of adequate infrastructure, hub and spoke model is being used in the country. In this model, schools in surrounding areas provide vocational education by sending their students to a nearby school having the infrastructure. This is being followed till all the schools have not been provided with adequate infrastructure.
    • Technology-based Solutions: It is critical to ensure that all learners benefit from the scheme, without any discrimination based on learning capabilities. Therefore, under the scheme, new technologies like Artificial Intelligence are being used to create curated courses for learners according to their present levels and speed of learning.

    Success of the scheme

    • Already 14.435 schools have been approved to impart education based on the Samagra Shiksha scheme.
    • There are 62 skill courses available in 20 sectors such as Agriculture, Electronics, Healthcare, IT/ITes, Plumbing, Retail, Tourism, Hospitality etc.
    • The scheme covers 1.5 million students currently being trained by trained instructors. The number increases to about 3.5 million, if CBSE schools are included.

    Challenges in implementation

    • Perceived Social Status Hierarchy: In India, vocational education is not looked upon as a career of choice. It is considered something which is taken up due to a lack of alternatives or as a formality to fulfil eligibility conditions for government jobs. This discourages pupils from taking up vocational education courses and creates a gap in availability of technically-trained workers.
    • Lack of Vertical Mobility: At the same time, students coming out of vocational courses are not perceived as good managers. Candidates having a management background are preferred for such high-paying jobs. This leads to a lack of promotional avenues and opportunities for future growth of a child pursuing a career in vocational education.
    • Integration with Mainstream Education: To encourage students to take up vocational education as a preferred career choice, there is a need to integrate vocational education with academics, even at the higher levels. The focus needs to shift towards application-based learning and solving practical real-life issues. This is also helpful in understanding the challenges faced by entry-level workers and coming up with feasible solutions for the same.
    • Rapidly Emerging Trends: The scheme needs frequent updates in the curriculum to make it aligned with the needs of the evolving world. It is also important to understand that technology based sectors need faster revision of curriculum than the other sectors, due to the rapid changes in the sectors. Therefore, a policy of differential updates can also be developed for the different sectors as per their requirement.

    Various supporting initiatives

    The Government of India has prioritized vocational education through various policy initiatives such as:

    • National Policy on Education, 1986: Vocational education was prioritized as a part of the National Policy on Education, 1986.
    • CSS of Vocationalization of Secondary Education, 1988: Vocationalization was launched as a Centrally Sponsored Scheme in the year 1988. The scheme was subsequently revised in 2011 and 2014.
    • National Skill Qualification Framework (NSQF): It is a series of courses, organized in levels to achieve competency in the workforce. NSQF emphasizes on the acquisition of these skills for better employability, as a part of formal training or informal training.

    Conclusion

    • Various predictions suggest that the demographic dividend currently being enjoyed by India will wane by the end of 2050s. After that, the country will face issues related to the care of the elderly as the bulge will shift towards higher age groups.
    • In such a context, it is critical to ensure that India maximizes its growth during the demographic dividend so that it can create better facilities in the future for the needy. The need is to ensure better implementation of the Samagra Shiksha scheme to develop vocational education sector in the country.

  • Ukraine invasion and the great geopolitical reset

    Context

    Major wars have significant consequences for the internal and international politics of the combatant nations. Wars between great powers are far more consequential.

    Geopolitical changes triggered by Russia’s invasion of Ukraine

    1] New dynamism in great power triangle

    •  Biden hoped to distance Russia from China and focus all of America’s energies on the Indo-Pacific.
    • But Putin chose to align with China and confront the US and Europe with an impossible set of demands including a sphere of influence in Central Europe and turning Ukraine into Moscow’s protectorate.
    • China’s public articulation has underlined “rock-solid” support for Moscow but it is under some pressure to balance between its Russian alliance “without limits” and its deep economic interdependence with the US and Europe.
    • Whichever way this plays out, the current crisis has revealed America’s pole position in the great strategic triangle.

    2] Reinforced US primacy amongst the great powers

    • The US primacy amongst the great powers has been reinforced by the restoration of strategic unity within the West.
    • While many trans-Atlantic differences remain on the nature and extent of sanctions against Russia, the crisis has revealed the enduring sources of Western unity.

    3] Disciplining of Europe

    • Third is the American disciplining of Europe, especially Germany, where illusions of normative soft power and the faith in mercantilism had blinded the continent to geopolitical challenges presented by Russia and China.
    • Europe’s belief that it can enrich itself in the Russian and Chinese markets while expecting Washington to do all the heavy lifting on security is no longer sustainable.
    • The German decision on rearmament announced in the wake of the Russian aggression marks a definitive geopolitical turn in Europe.

    4] EU’s dilemma in energy domain

    • Nowhere is the EU’s Russian dilemma more visible than in the energy domain where Europe is deeply tied to Russian imports of oil, natural gas, and coal.
    • The EU pays $110 billion a year to Moscow for these imports.
    • While stepping up pressure on Europe to drastically reduce energy imports from Russia, Washington is reaching out to Venezuela, Saudi Arabia, and Iran to fill the gap created by the planned blockade of Russian energy supplies.

    5] Asia is adapting to the change

    • Sensing the dangers from a Sino-Russian axis and fearing that Europe could distract America, Japan is rethinking its nuclear abstinence.
    • South Korea’s president-elect, Yoon Suk-Yeol wants to strengthen ties with the US, and explore potential cooperation with the Quad.
    •  While the ASEAN remains torn between the US and China, many in the region are waking up to the dangers of betting that Beijing’s rise is irreversible, and that the Western decline is terminal.

    Lessons for India

    • The first major conflict amongst the great powers in the 21st century has presented India with multiple challenges, including its long-standing reliance on Russian military supplies.
    •  More immediately, the crisis in Ukraine demands that Delhi move on a war-footing towards a rapid modernisation and expansion of its domestic defence industrial base that is so critical for sustaining India’s strategic autonomy.

    Conclusion

    Unless there is an early diplomatic breakthrough, the conflict between Russia and the West is likely to sharpen in the coming days. But this hinge moment in world politics is also an opportunity for Delhi to increase its heft in the changing global balance.

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  • Government seeks law on Rights of Foreigners

    The Union government has urged the Supreme Court to help lay down a law with a “long–lasting” implication for the country on the subject of Foreigners’ Right to approach local courts for relief after violating their visa conditions.

    Why in news?

    • The government’s request came during the hearing of petitions filed by foreign nationals who were charged with violating COVID-19 guidelines by participating in a religious congregation in New Delhi during peak COVID outbreak.

    Citizens vs. Foreigners Rights

    Fundamental Rights available to both Citizens and Foreigners (except enemy aliens)

    Fundamental Rights Available Only to Citizens of India
    • Article 14 – Equality before the law and equal protection of laws
    • Article 20 – Protection in respect of conviction for offences
    • Article 21 – Protection of life and personal liberty
    • Article 21A – Right to elementary education
    • Article 22 – Protection against arrest and detention in certain cases
    • Article 23 – Prohibition of traffic in human beings and forced labour
    • Article 24 – Prohibition of employment of children in factories etc
    • Article 25 – Freedom of conscience and free profession, practice and propagation of religion
    • Article 26 – Freedom to manage religious affairs
    • Article 27 – Freedom from payment of taxes for promotion of any religion
    • Article 28 – Freedom from attending religious instruction or worship in certain educational institutions
    • Article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
    • Article 16 – Equality of opportunity in matters of public employment
    • Article 19 – Protection of six rights related to freedom – (a) of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (f) to practice any profession, or to carry on any occupation, trade or business
    • Article 29 – Protection of language, script and culture of minorities
    • Article 30 – Right of minorities to establish and administer educational institutions

     

     

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  • Maternal Mortality in India

    Kerala has yet again emerged on top when it comes to maternal and child health, with the State recording the lowest Maternal Mortality Ratio (MMR) of 30 (per one lakh live births) in the country.

    What is Maternal Mortality?

    • Maternal mortality refers to deaths due to complications from pregnancy or childbirth.
    • The maternal mortality ratio (MMR) is defined as the number of maternal deaths during a given time period per 100,000 live births during the same time period.
    • It depicts the risk of maternal death relative to the number of live births and essentially captures the risk of death in a single pregnancy or a single live birth.

    Trends in India

    • India’s maternal mortality ratio (MMR) has improved to 103 in 2017-19, from 113 in 2016-18.
    • Seven Indian states have very high maternal mortality. These are Rajasthan, Uttar Pradesh, Madhya Pradesh, Chhattisgarh, Bihar, Odisha and Assam.
    • The MMR is ‘high’ in Punjab, Uttarakhand and West Bengal. This means 100-130 maternal deaths per 100,000 live births.
    • It is ‘low’ in Haryana and Karnataka.
    • The states of Uttar Pradesh, Rajasthan and Bihar have seen the most drop in MMR.
    • West Bengal, Haryana, Uttarakhand and Chhattisgarh have recorded an increase in MMR over the last survey.

    Various determinants of maternal health in India

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