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GS Paper: GS2-16.Role of Civil Services in a democracy.

  • Supreme Court rulings on Encounters

    encounter

    Central idea: A gangster-turned-politician son and his aide were killed in an encounter in UP.

    Why discuss this?

    • The National Human Rights Commission (NHRC) and the Supreme Court have laid down proper guidelines and procedures to be followed to prevent any misuse of power by the law enforcement agencies.
    • However, this encounter has brought to the forefront the issue of extra-judicial killings or “encounters” by the police in India.

    Supreme Court Guidelines on Encounters

    • In September 2014, a bench of then CJI RM Lodha and Rohinton Fali Nariman issued detailed guidelines.
    • These guidelines came in the case “People’s Union for Civil Liberties v State of Maharashtra”.
    • The guidelines enumerated 16 points to be followed in the matters of investigating police encounters in the cases of death as the standard procedure for a thorough, effective and independent investigation-
    1. Registration of a first information report (FIR) as mandatory
    2. Magisterial inquiry
    3. Keeping written records of intelligence inputs
    4. Independent investigation by bodies such as the CID
    5. A Magisterial Inquiry must invariably be held in all cases of death which occur in the course of police action
    6. Next of kin of the deceased must invariably be associated in such inquiry
    7. In every case when a complaint is made against the police alleging commission of a criminal act on their part, which makes out a cognizable case of culpable homicide, an FIR to this effect must be registered under appropriate sections of the IPC
    8. Such an inquiry made under Section 176 of the Code of Criminal Procedure, 1973, must show “whether use of force was justified and action taken was lawful.”
    9. Whenever the police receives any intelligence or tip-off on criminal movements or activities relating to the commission of grave criminal offence, “it shall be reduced into writing in some form (preferably into case diary) or in some electronic form.”
    10. Following such tip-off or intelligence, if an encounter takes place and a firearm is used by the police party, resulting in death, then an FIR to that effect has to be registered and forwarded to the court under Section 157 without delay.
    11. Provisions for an independent investigation into the encounter
    12. The requirements/norms must be strictly observed in all cases of death and grievous injury in police encounters by treating them as law declared under Article 141 of Indian Constitution.
    13. The law declared by the Supreme Court shall be binding on all other courts in Indian Territory.
    14. NHRC’s involvement is not necessary, “unless there is serious doubt about independent and impartial investigation.”
    15. The information about the incident must be sent to NHRC or the State Human Rights Commission.

    NHRC Guidelines on Encounters

    • The National Human Rights Commission (NHRC) has asked all states and Union Territories to ensure that police follow a set of guidelines in cases where death is caused in police encounters.
    • These included the police’s duty to enter all information received about encounter deaths in an “appropriate register” and provisions for investigation by independent agencies like the State CID.

    Issues with such encounters

    • Defies rule of law: This practice undermines the rule of law and due process, and violates the right to life and other human rights.
    • Use of force: There have been allegations of police and security forces using excessive force.
    • Fake encounters: There have been instances of staging encounters, and conducting fake encounters to eliminate suspects without following the due legal process.
    • Autocracy: These incidents have raised concerns about impunity, lack of accountability, and the need for reforms to ensure that law enforcement officials are held accountable for their actions.
    • Distrust among the public: Public often tend to lose belief among the constitutional process of justice.

    Why are such encounters popular among public?

    • Lack of trust in the legal system: Some people may view extrajudicial killings and encounters as a way of bypassing the legal system which they may view as corrupt or inefficient.
    • Perception of safety: There may be a belief among some members of the public that such encounters can help to deter criminals and make their communities safer.
    • Frustration with the slow pace of justice: The Indian legal system can be slow and protracted, and some people may view extrajudicial killings and encounters as a way to expedite the process of justice.
    • Lack of awareness about human rights: Some people may not be aware of the human rights implications of such encounters, or may view them as a necessary means to an end.

    Conclusion

    • It is important to note, however, that extrajudicial killings and encounters are illegal, undermine the rule of law, and violate human rights.
    • They also carry the risk of abuse, and can result in innocent people being targeted or killed.
    • Therefore, such practices cannot be justified or condoned in a democratic and law-abiding society.

    Back2Basics: National Human Rights Commission

    • NHRC is an independent statutory body established in India on 12 October 1993 under the Protection of Human Rights Act, 1993.
    • It is responsible for the protection and promotion of human rights, and prevention of their violations.
    • It is empowered to investigate complaints of human rights violations and recommend appropriate remedial measures.
    • It also monitors the human rights situation in the country, undertakes research and advocacy, and conducts various educational and awareness programs to promote human rights awareness and sensitivity among various sections of society.

     

  • The Need For Humane Policing In India

    Central Idea

    • The recent case of human rights violation against an IPS officer in Ambasamudram highlights the need for humane policing in India. The history of police brutality across the globe, including in the US, reveals the need for change in the policing system. The pressure to produce results, coupled with corruption and lack of ethics training, contributes to police excesses, which must be curbed.

    History of Policing Excesses

    • Policing Excesses in U.S: The history of policing in many countries is pockmarked by episodes of excesses, and the U.S. is one such country which has had far too many instances of police torture.
    • For example: The Rodney King incident of 1991 in Los Angeles and the death of George Floyd in Minneapolis in 2020 are some examples of police brutality.

    Factors Contributing to Police Excesses in India

    • Corruption among public servants: Corruption is rampant in India and is a major factor contributing to police excesses. Bribery and corruption make it easy for criminals to escape the law and for police officers to use violence and coercion to extract money and other benefits.
    • The pressure to produce results: Police officers are often under tremendous pressure to produce results and show that they are making progress in solving cases. This pressure can lead to an overzealous approach to policing, with officers resorting to torture and other illegal methods to extract information and solve cases quickly.
    • Lack of ethics training: Police officers in India are not given sufficient training in ethics and human rights. This lack of training makes it easier for officers to resort to violence and abuse of power, as they do not understand the consequences of their actions.
    • Political interference: In some cases, politicians and other powerful people may interfere in police investigations or use their influence to protect criminals. This interference can undermine the rule of law and make it more difficult for police officers to do their job effectively and without fear or favor.
    • Poor working conditions: Police officers in India often work long hours in difficult and dangerous conditions. This can lead to stress and fatigue, which can in turn lead to a higher incidence of police excesses.
    • Lack of accountability: There is often little accountability for police officers who commit excesses. In many cases, officers who are found guilty of human rights violations are simply transferred to another location, rather than being punished or dismissed from the force. This lack of accountability sends a message to other officers that they can get away with abuse of power and violence.

    Role of Technology and Ethics in Policing

    • Both technology and ethics are necessary for effective policing: While technology can help solve crimes and improve policing efficiency, ethics and a commitment to human rights are necessary to ensure that police officers act within the law and respect the rights of all citizens.
    • Technology alone is not enough: The technology has played a significant role in improving policing in India, with many officers now trained in the use of modern tools and techniques to solve crimes. However, technology alone is not enough, and that ethics must also be prioritized in policing.
    • Training in ethics must be prioritized at all levels of the police force: Many police officers in India lack sufficient training in ethics and human rights, which makes it easier for them to resort to violence and abuse of power. Training in ethics must be prioritized at all levels of the police force, from the highest-ranking officers to those on the front lines.
    • Police leaders are crucial players: The police leaders, such as DGPs and IGPs, have a crucial role to play in indoctrinating young recruits on the value of sticking to the law and civilised behaviour.

    What is mean by humane policing?

    • Humane policing refers to a style of law enforcement that places a greater emphasis on preserving the human rights and dignity of individuals.
    • Humane policing recognizes that police officers are entrusted with great power and authority and that they have a duty to exercise this power with respect, compassion, and professionalism.
    • It prioritizes building trust and positive relationships between law enforcement agencies and the communities they serve.
    • Humane policing It seeks to avoid the use of excessive force, unnecessary aggression, or intimidation in policing activities.
    • It recognizes the importance of accountability and transparency in law enforcement.
    • It also recognizes the importance of training and education for police officers in areas such as cultural competence, mental health awareness, and conflict resolution.

    Conclusion

    • It is sad and equally true that many in the political firmament subscribe to the philosophy that without physical force on misbehaving citizens, the quality of policing cannot improve and law and order cannot be maintained. This perception has to be changed. India needs a human policing. Moreover, the authorities must take swift action against offending officials to send a strong message that no illegal physical treatment of crime suspects will be tolerated.

    Mains Question

    Q. Rising cases of police excesses reveals the need for change in the policing system. In this backdrop highlight the factors behind Policing Excesses in India and what steps can be taken to promote humane policing?

  • Citizen-Centric Governance: Important Aspects of Development In Any Democracy

    Central idea

    • Citizen-centric governance is an evolving concept, and to put it into action requires clarity in the actions that civil servants perform and how citizens engage with the state. Citizen engagement is about collaborative partnerships and dialogue and must involve all stakeholders to ensure the overall development of a community or a nation.

    Citizen-Centric Governance

    • Paradigm shift in traditional governance: Citizen-centric governance refers to a paradigm shift in the traditional governance structures where the focus is shifted from the power holders to the citizens.
    • Access to information and services to citizens: Traditionally, governance structures hold the power to make decisions that affect the lives of citizens. But citizen-centric governance focuses on providing citizens with access to information, services, and resources and on engaging them in the policy-making process.
    • Increased citizen participation: The objective of citizen-centric governance is to increase citizen participation in decision-making processes

    Mission Karmayogi

    • Capacity building of civil servants: Mission Karmayogi, the National Programme for Civil Services Capacity Building has been strategically working to build the capacities of civil servants through various innovative interventions to sensitise and reframe the fabric of citizen participation.
    • karmachari to karmayogi: Today, thousands of railway employees, Gramin Dak Sevaks, police personnel in the UTs and employees of BSNL are all going through an outcome-based capacity-building programme that is shifting them from thinking like a karmachari to acting like a karmayogi.

    Citizen Engagement

    • Citizen engagement refers to how citizens participate in the political, social and economic aspects of their community or society.
    • Citizen engagement is highly embedded in the nature of the political and governance context and existing power relations.
    • It needs to be understood as a core component of any governance system, and in democracies, citizen engagement is a basic principle because it is understood that governments derive their authority and power from the people.

    What the multi-stakeholder engagement requires?

    • Constructive dialogue: Development by the people and for the people is indeed possible. Citizen engagement towards democratising the process of development necessarily involves a constructive dialogue between and amongst all stakeholders.
    • Mutual trust and respect: Meaningful dialogue among the stakeholders the state, citizenry, private sector, media, civil society and academia can sustain only when there is mutual trust. The relationship between these multiple stakeholders needs to be driven by mutual respect and an appreciation of interdependence and reciprocity.
    • Redrawing boundaries of engagement: However, this may involve redrawing boundaries of engagement and roles that stakeholders have traditionally assumed for themselves.
    • Partnership approach: The multi-stakeholder engagement would require the adoption of the partnership approach by all parties involved.

    Conclusion

    • Citizen-centric governance and citizen engagement are important aspects of development in any democracy. By adopting a partnership approach and mutual respect for each other’s roles, stakeholders can work together to ensure the overall development of a community and nation at large. The Indian government’s program, Mission Karmayogi, is a right step towards building the capacities of civil servants and sensitizing them to citizen participation.
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  • Police conference: Highlighting the Challenges and solutions

    conference

    Context

    • A conference of the Directors General of Police of all the states and union territories is being held in Delhi from January 20 to 22. The Prime Minister will be attending all the sessions of the three-day conference.

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    All you need to know about the Conference

    • This conference of the Directors General of Police is an annual feature.
    • It is organised by the Intelligence Bureau and its deliberations are presided over by the Director, IB, who is considered primus inter pares among the senior-most police officers of the country.
    • This year’s conference, according to media reports, will be discussing emerging trends in militancy and hybrid militancy in Jammu and Kashmir, counter-terrorism, cryptocurrency, drug trafficking, radicalisation and other important matters.

    What is missing in the agenda?

    • Problems at grass root are rarely discussed: The agenda, year after year, reflects the security-related problems of the country at the macro level. So far so good. But the grass roots problems are seldom taken up or deliberated upon.
    • Dismal picture of Police stations: The strength of a chain, as they say, is determined by its weakest link, and the weakest link today is the police station. Leaving aside the model police stations and some in the metro cities, the average police station presents a dismal picture dilapidated building, case property like motorcycles and cars littered all over the compound, no reception room, filthy lockup, and so on.
    • Overburdened staff: The staff, overworked and fatigued, is generally unresponsive, if not rude.
    • Available resources are limited resources: They may not have access to vehicles or have run out of fuel as per the allotted quota.
    • Political influence: Even if you are able to speak with a responsible sub-inspector, they may be pressured by politicians to change their actions.

    For instance: The data according to the Status of Policing in India Report 2019

    • Shortage of personnel: According to the report, police in India work at 77% of their sanctioned strength and these personnel work for 14 hours a day on average.
    • Lack of equipment and technology: There are 70 police stations which have no wireless, 214 police stations that have no telephone and 240 police stations that have no vehicles.
    • Poor housing and training facilities: Housing facilities for police are unsatisfactory. Training of personnel is inadequate, the training institutions have not kept pace with the changing paradigm on the law or crime front and are manned generally by unwanted, demotivated officers.
    • Technology gap: Technology support leaves much to be desired; the criminals are, in fact, way ahead of the police.

    Hard fact and the concerns over the police duties in India

    • Police Officer’s Duties and Expectations: The demanding role and expectations of police officers as first responders to any crime, 24/7 duty and assisting other departments with their duties. The public has no obligation to assist police officers. For instance, ASI was stabbed to death in Delhi, bystanders were just standing and watching the scene.
    • High death toll among Police Personnel: It is estimated that 36,044 police personnel have died in the performance of their duties since India’s independence. It is pointed out that the corresponding figure for all the countries of Europe taken together is much less.
    • Duties to become more challenging in future: It is acknowledged that police duties in India are tougher than in any other part of the world, and that these duties are likely to become even more challenging in the future, with the rise of new forms of crime such as terrorist crimes, cybercrimes, drug trafficking, and cryptocurrency.

    What improvements are suggested?

    1. The Need to Prioritize Basic Matters: It is important to prioritize basic police matters and ensure that they are effectively dealt with. Once the police station is able to inspire confidence among the people, many other issues will fall into place.
    2. Division of Conference into Two Parts: The format of police conferences should be changed by dividing it into two parts – one dealing with intelligence matters and the other dealing with crime and law and order issues.
    3. Roles of DBI and CBI: It is proposed that the Director of Intelligence Bureau (DIB) preside over the intelligence-related matters, and the Director of Central Bureau of Investigation (CBI) assisted by a senior-most Director General of a state police nominated by the Ministry of Home Affairs should conduct the proceedings of the conference dealing with crime and law and order matters.
    4. Need for Specialized Treatment of Crime: the crime is becoming increasingly complex and requires specialized treatment, and that this bifurcation is necessary in order to effectively address the different aspects of crime.

    Do you know the concept of SMART police?

    • The Prime Minister Narendra Modi introduced the concept of SMART Police.
    • SMART stands for: S: Strict but sensitive, M: Modern and mobile, A: Alert and accountable, R: Reliable and responsive, and  T: Trained and tech-savvy.
    • It also aims to make the police more responsive to the needs of the people, and to address issues of police brutality, corruption, and lack of accountability to citizens.

    Conclusion

    • The Prime Minister’s concept of SMART Police, which aims to create a force that is strict and sensitive, modern and mobile, alert and accountable, reliable and responsive, techno-savvy and trained, has the potential to bring about a significant change in the working of the police and a new era for the people of the country. It’s important for the conference to review the progress made in implementing this transformation in the police and work towards achieving these objectives to bring about a much-needed change in the police force.

    Mains question

    Q. What are the major challenges faced by the Indian police force? Discuss improvements suggested to address them?

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  • In news: Jan Vishwas Bill, 2022

    bill

    Last week, the Union Government tabled the Jan Vishwas Bill, 2022, (Bill) in the Parliament with the objective of “decriminalising” 183 offences across 42 legislations and enhancing the ease of living and doing business in India.

    Jan Vishwas (Amendment of Provisions) Bill, 2022,

    • It sought to amend 42 Acts to reduce the compliance burden on individuals and businesses and ensure ease of doing business.
    • Some Acts that are amended by the Bill include: the Indian Post Office Act, 1898, the Environment (Protection) Act, 1986, the Public Liability Insurance Act, 1991, and the Information Technology Act, 2000.

    Key provisions of the Bill

    (1) Replacing imprisonment with money penalty:

    Under the Bill, several offences with an imprisonment term in certain Acts have been decriminalised by imposing only a monetary penalty under the –

    • Agricultural Produce (Grading and Marking) Act, 1937, counterfeiting grade designation marks is punishable with imprisonment of up to three years and a fine of up to five thousand rupees. The Bill replaces this with a penalty of eight lakh rupees.
    • Information Technology Act, 2000, disclosing personal information in breach of a lawful contract is punishable with imprisonment of up to three years, or a fine of up to five lakh rupees, or both. The Bill replaces this with a penalty of up to 25 lakh rupees.
    • Patents Act, 1970, a person selling a falsely represented article as patented in India is subject to a fine of up to one lakh rupees. The Bill replaces the fine with a penalty, which may be up to ten lakh rupees.  In case of a continuing claim, there shall be an additional penalty of one thousand rupees per day.

    (2) Revision of fines and penalties: 

    • The Bill increases the fines and penalties for various offences in the specified Acts.
    • Further, these fines and penalties will be increased by 10% of the minimum amount every three years.
    • It is a welcome move and can be viewed as an attempt to reverse the trend of overcriminalisation. However, there is much that needs to be done in order to institutionalise efforts aimed at decriminalisation.

    Why was this legislation brought up?

    • Rise in criminal cases: An unprincipled growth of criminal law has long been a cause of concern for scholars of law.
    • Political motives: The act of criminalisation often becomes a medium for governments to put across a strong image as opposed to punishing wrongful conduct.
    • Over-criminalization: Governments offer little in the way of justifications to support such decisions. This phenomenon has been termed “overcriminalisation” by scholars.
    • Increased burden on Judiciary: As per the National Judicial Data Grid, of the 4.3 crore pending cases, nearly 3.2 crore cases are in relation to criminal proceedings.
    • Overcrowding of prisons: Similarly, the rise in the prison population is also proof of this. As per the NCRB’s Prison Statistics of 2021, a total of 5.54 lakh prisoners were confined in prisons against a capacity of 4.25 lakh.

    Scope of the Bill

    • Hefty fines cannot create deterrence: The Jan Vishwas Bill either omits penal provisions or replaces them with fines in legislation. These are primarily offences which are regulatory in nature.
    • Quasi-decriminalisation: By and large, an examination of the provisions of the Bill reveals that stress has been on the replacement of imprisonment clauses with fines. This can hardly be termed as ‘decriminalisation’.

    Achieving decriminalisation in real sense

    There is much that is required for the efforts aimed at decriminalisation to fructify in any meaningful way.

    (1) Stigma of fines to create deterrence

    • In his seminal piece titled – ‘Is the Criminal Law a Lost Cause?’ Mr. Andrew Ashworth’s creates a distinction between regulatory offences and penal offences and exemplifies the same through the functional distinction between a tax and a fine.
    • While the purpose of a tax is primarily regulatory in nature, a fine carries with it an element of censure and stigma.

    (2) De-linking petty economic offences with over-criminalization

    • Secondly, the Observer Research Foundation’s report titled Jailed for Doing Business found that there are more than 26,134 imprisonment clauses in a total of 843 economic legislations, rules and regulations which seek to regulate businesses and economic activities in India.
    • In this light, the number of offences deregulated under the Bill seems to be a mere drop in India’s regulatory framework.

    (3) Regulatory offences to be considered for ‘decriminalisation’

    • This need to be prioritised not only from the point of view of the ease of doing business, but also from the points of view of the ills that plague our criminal justice system itself.
    • Debates are ongoing about the decriminalisation of several penal offences such as sedition, offences under NDPS Act & UAPA Acts, triple talaq and anti-conversion laws etc.
    • There is an urgent need to assess these offences on a principled basis.

    Conclusion

    • The intent of the Bill is merely to ensure that imprisonment is replaced with fines for as many offences as possible.
    • The extent to which it succeeds in ‘decriminalising’ offences, however, is questionable.
    • If these faults are to be rectified, it is pertinent that a more comprehensive exercise is undertaken and that the government prioritises the needs and requirements of the criminal justice system.
    • Still this legislation is a welcome move in all senses.

     

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  • There should be uniformity in the rules for granting parole

    rules

    Context

    • There was a huge uproar in the media when Dera Sacha Sauda chief Gurmeet Ram Rahim Singh, a convict serving a 20-year prison sentence for raping two disciples, was seen organising an online ‘satsang’ while on a 40-day parole in October. On the other hand, S. Nalini, a convict in the Rajiv Gandhi assassination case, who was serving life imprisonment, was given several extensions of parole from December 2021 until her release. Lack of uniformity in parole rules does not bode well for the criminal justice system.

    What is Parole and furlough?

    • Short term release: Furlough and parole envisage a short-term release from custody, both aimed as reformative steps towards prisoners.
    • Not a Right but a case of Specific exigency: Parole is granted to meet a “specific exigency” and cannot be claimed as a matter of right.
    • Circumstances considered: Both provisions are subject to the circumstances of the prisoner, such as jail behaviour, the gravity of offences, sentence period and public interest.

    Is there any specific provision pertaining to parole and/or furlough?

    • No specific provision: The Prisons Act, 1894, and the Prisoners Act, 1900, did not contain any specific provision pertaining to parole and/or furlough.
    • State are empowered to make such rules: Section 59 of the Prisons Act empowers States to make rules inter alia “for the shortening of sentences” and “for rewards for good conduct”.

    You must know

    • Since “prisons, reformatories” fall in the State List of the Seventh Schedule of the Constitution, States are well within their reach to legislate on issues related to prisons.

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    rules

    Parole rules are different for different states and on different case

    • Suspension of sentence in Uttar Pradesh: The Uttar Pradesh rules provide for the ‘suspension of sentence’ (without mentioning the term parole or furlough or leave) by the government generally up to one month. However, the period of suspension may exceed even 12 months with prior approval of the Governor.
    • Maharashtra rules: Maharashtra’s rules permit release of a convict on ‘furlough’ for 21 or 28 days (depending upon the term of sentence), on ‘emergency parole’ for 14 days, and on ‘regular parole’ for 45 to 60 days.
    • Revised rules in Haryana: The recently revised rules of Haryana (April 2022) permit ‘regular parole’ to a convict up to 10 weeks (in two parts), ‘furlough’ for three to four weeks in a calendar year, and ‘emergency parole’ up to four weeks. Ram Rahim is on his regular parole.
    • Rules of leaves and its extension in Tamin Nadu and the Nalini case: Though the Tamil Nadu rules of 1982 permit ‘ordinary leave’ for a period of 21 to 40 days, ‘emergency leave’ is permitted up to 15 days (to be spread over four spells). However, in exceptional circumstances, the government may extend the period of emergency leave. Till recently, Nalini was on extended emergency leave owing to her mother’s illness.
    • Unlike TN, rules in Andhra Pradesh prohibit extension: Surprisingly, the Andhra Pradesh rules specifically prohibit such extension (Nalini extension) on account of the continued illness of a relative of a prisoner. They permit ‘furlough’ and parole/emergency leave up to two weeks, except that the government may extend parole/emergency leave in special circumstances.
    • Odisha: Similarly, Odisha rules permit ‘furlough’ for up to four weeks, ‘parole leave’ up to 30 days and ‘special leave’ up to 12 days.
    • West Bengal: West Bengal provides for releasing a convict on ‘parole’ for a maximum period of one month and up to five days in case of any ‘emergency’.
    • Kerala: Kerala provides for 60 days of ‘ordinary leave’ in four spells, and up to 15 days ‘emergency leave’ at a time.

    Provision of ‘Custody parole’

    • Custody parole: Release of a prisoner, who is ineligible for a leave under the police escort for some hours for extreme emergency cases.
    • Custody parole In Haryana: A hardcore convict, who is ineligible for any parole or furlough, may be released for attending the funeral or marriage of a close relative under police escort for a period not exceeding six hours. Haryana has a long list of ‘hardcore’ prisoners who are not entitled to be released except on ‘custody parole’ under certain conditions.
    • In Tamil Nadu: In Tamil Nadu, police escort is given to a prisoner who is released on emergency leave and is dangerous to the community.
    • Kerala: Similarly, in Kerala, prisoners who are not eligible for emergency leave may be granted permission for visit under police escort for a maximum period of 24 hours.
    • States that do not permit such provision: Andhra Pradesh, Maharashtra, Kerala and West Bengal do not permit release of habitual criminals and convicts, who are dangerous to society, under Sections 392 to 402 of the Indian Penal Code.

    rules

    The rules of set by the states vary in scope and content

    • Furlough is as incentive: While ‘furlough’ is considered as an incentive for good conduct in prison and is counted as a sentence served.
    • Parole: parole or leave is mostly a suspension of sentence. Emergency parole or leave is granted for specified emergencies such as a death, serious illness or marriage in the family. While most States consider only close relatives such as spouse, parents, son, daughter, brother and sister as close family, Kerala has a long list of more than 24 relatives in case of death and 10 in case of marriage.
    • Different circumstances in different states: Though regular parole or leave is granted after serving minimum sentence (varying from one year to four years) in prison, some States include other familial and social obligations such as sowing or harvesting of agricultural crops, essential repair of house, and settling family disputes. In Kerala, a convict becomes eligible for ordinary leave after serving one-third of a year in prison if he is sentenced for one year.
    • Concern raised: Despite the fact that temporary release cannot be availed of as a matter of right, the above provisions demonstrate that each State has its own set of rules which not only vary in scope and content, but may also be flouted to give favours to a few.

    Conclusion

    • Without any common legal framework in place to guide the States and check misuse, arbitrariness is likely to creep in, endangering the entire criminal justice system. With ‘prisons’ in the State List, this task is not feasible unless at least half of the States come together to request the Central government to legislate a common law for the country on parole and furlough.

    Mains question

    Q. What is parole or furlough? The entire criminal justice system in the country is in jeopardy due to lack of uniformity in rules. Discuss.

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  • SC refuses to direct Centre to create independent Indian Environment Service

    The Supreme Court has refused to intervene and direct the government to create an independent Indian Environment Service within the All India Service cadre. A specialized environment service was recommended in the T.S.R. Subramanian Committee report in 2014.

    TSR Subramanian Committee Report on Environment

    • The Subramanian committee was set up in August 2014 to review the country’s green laws and the procedures followed by the Ministry of Environment, Forest and Climate Change (MoEF&CC).
    • It suggested several amendments to align with the Government’s economic development agenda.
    • The report had suggested amendments to almost all green laws, including those relating to the environment, forest, wildlife and coastal zone clearances.
    • The committee suggested that another committee, with more expertise and time, be constituted to review the environmental laws.

    Key recommendations

    (a) Establishment of Environment Management Authorities

    • The report proposed an ‘Environmental Laws (Management) Act’ (ELMA), that envisioned full-time expert bodies to be constituted at the Central and State levels respectively:
    1. National Environmental Management Authority (NEMA)
    2. State Environmental Management Authority (SEMA)

    (b) Project clearances

    • These authorities evaluate project clearance (using technology and expertise), in a time bound manner, providing for single-window clearance.
    • It suggested a “fast track” procedure for “linear” projects (roads, railways and transmission lines), power and mining projects and for “projects of national importance.”
    • It also suggested an appellate mechanism against the decisions of NEMA/SEMA or MoEF&CC, in respect of project clearance, prescribing a three-month deadline to dispose appeals.

    (c) Expanding Environment Protection Act

    • The Air Act and the Water Act is to be subsumed within the EP Act.
    • The existing Central Pollution Control Board and the State PCBs, which monitor and regulate the conditions imposed on the industries to safeguard environment be integrated into NEMA and SEMA.

    (d) Evaluating Environmental Reconstruction Cost (ERC)

    • The report also recommends that an “ERC” should be assessed for each project on the basis of the damage caused by it to the environment and this should be added into the cost of the project.
    • This cost has to be recovered as a cess or duty from the project proponent during the life of the project.

    (e) Research and Development

    • It proposed the establishment of a National Environment Research institute “on the lines of the Indian Council of Forestry Research and Education”.
    • It would bring in the application of high-end technology in environment governance.

    (f) Establishment of Indian Environment Service (IES)

    • Finally, an Indian Environment Service should be established to recruit qualified and skilled human resource in the environment sector.

    Status of these recommendations

    • The Centre never formally accepted this report and neither constituted a new committee as recommended by the Parliamentary Standing Committee.
    • However, many of these recommendations are implicitly making their way into the process of environmental regulation.

    Why was IES proposed?

    • Environmental governance in India involves several clearances.
    • Currently, officers from all India civil services, conducted by UPSC, deals with environment clearances and policies.

    Do we really need IES?

    • The IAS were founded on the colonial government’s Council of India’s law member T.B. Macaulay’s notion of generalised work done by one official.
    • However, the modern era, based on a socio-economic model of high specialization, cannot survive on this.
    • The IAS is filled with people without the requisite specialized skills and qualifications to successfully accomplish their tasks.
    • This was lamented by the PM when he posed the question “Can babusdo everything?” (babu is a euphemism for bureaucrats).
    • There was a proposed functional field for specialization that was recommended in 1970 by India’s first Administrative Reforms Commission, but like the Subramaniam Committee suggestions, it was never implemented in its full.

    Way forward

    • There is need of an active bureaucracy for the implementation of environment policy.
    • These administrators need to be aware of their responsibility, which can be made effective if a service dedicated to the environment is created.
    • The challenge of climate change would then be able to be effectively approached through the bureaucracy.

    Conclusion

    • Policymakers must build on the exercise of reforming environmental governance.
    • The process must involve reforming our laws, strengthening our institutions and streamlining the processes.

     

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  • Improving the Quality of Policing? Centre-State Need to Work Together

    Policing

    Context

    • The Ministry of Home Affairs (MHA) convened a conference in late October in the capital, which saw the participation of the union home minister, a few States Home Ministers and police chiefs. The Delhi conference was a very important occasion aimed at improving the quality of policing in the country through an exchange of ideas.

    Sardar Patel’s vision of Police

    • Training and Professionalism: He placed great value on professional policing, one reason why he insisted on an elitist and well-trained corps such as the Indian Police Service (IPS) which worked alongside the Indian Administrative Service (IAS).
    • Didn’t abandon the civil services: He was under immense pressure from various quarters, to disband both the Indian Civil Service and IPS, but as a distinguished and astute visionary, he was steadfast in his belief.
    • Nationally accepted standards: Subsequent events proved him right. Despite all their faults, the two all-India services have been a cementing force and have greatly contributed to establishing nationally accepted standards of governance, especially in the area of law and order.

    What is the Present status of Policing in India?

    • A case study of Tamil Nadu: The way the Tamil Nadu police have handled the case of a blast in Coimbatore that happened recently, and a possible terror-related plot, also fits in this scene and is relevant to the state of law and order in the State and elsewhere.
    • Delay in serious cases: There is a section of influential public opinion which has accused the Tamil Nadu government of having been slothful and delayed handing over investigation of the incident to the National Investigation Agency (NIA). This has been rebutted by the State Director General of Police (DGP) who said that his force could not abruptly abandon the investigation and had to do the preliminary investigation to facilitate an NIA take-over.
    • Shifting the responsibility: The exchange of barbs by the two sides has been an unfortunate and avoidable development and the truth lies in between. Rather than getting into a slanging match, what is more important is an examination of the standard operating procedures in place, the identification of lacunae and the initiation of corrective measures.
    • West Bengal case: Conflict between the Ministry of Home affairs and State over utilizing talent in the IPS and the sharing of resources available in the States.

    Policing

    What is the better approach for governance of Police?

    • Collaborative approach: It is a no-brainer that, New Delhi is the senior partner in what is definitely a collaborative relationship. But there have been actions over the decades that have inflicted many deep wounds on public order.
    • Forge a strong camaraderie: These have been situations that have demanded large numbers of well-trained policemen. The Centre has always chipped in with support from the Central Reserve Police Force (CRPF). There have also been other outfits such as the Border Security Force (BSF), the Indo Tibetan Border Police (ITBP) and the Central Industrial Security Force (CISF) which have also worked in tandem with the State Police. Therefore, it makes sense that the MHA and State Police stop squabbling but explore how best to forge a strong camaraderie.
    • State must cooperate with Centre: We are also witness to frequent spats between States and the Centre over the use or alleged misuse of the Central Bureau of Investigation (CBI). Here again both parties have to share the blame. But the basic point that has been ignored is that crime and bureaucratic corruption have inter-State ramifications and only a national agency can bring in a much-needed and wide perspective.
    • CBI is inevitable for corruption at state level: Insensitive action by a few States to withdraw consent to the CBI to function in a state smack of politics and vindictiveness, which diminishes the fight against public servant graft.

    Policing

    How union government can improve the Policing?

    • Training and technology: ‘Police’ are a state subject under the distribution of powers laid down in the Constitution of India. But that does not mean the Union government has no say in the matter. Training and technology are two areas where the Centre does greatly contribute to sharpening police ability to combat terrorism and other major public disturbances.
    • The Sardar Vallabhbhai Patel National Police Academy: in Hyderabad is a world-class institution that has resources and the professional excellence which are generously available to State police forces.
    • Strong political leadership: Petty squabbling reduces the exchange of ideas and goes to attenuating the police response to difficult situations that require police assistance. This is why we need a political leadership that does not get bogged down in petty differences but promotes a free exchange of talent and resources between New Delhi and the States.

    Conclusion

    • With exponential rise if technology nature of crimes has significantly changed. We must impart a modern training with professionalism to our Police. Police subject need to delink from Centre-state politics.

    Mains Question

    Q. Analyze the state of Police governance in India? What reforms are needed for modern policing in India? How Centre-state can collaborate for better police governance?

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  • What is Parole?

    Recently a self-proclaimed god-man convicted for rape and murder in Haryana has been released on Parole.

    What is Parole?

    • Furlough and parole envisage a short-term release from custody, both aimed as reformative steps towards prisoners.
    • Parole is granted to meet a “specific exigency” and cannot be claimed as a matter of right.
    • Both provisions are subject to the circumstances of the prisoner, such as jail behaviour, the gravity of offences, sentence period and public interest.
    • Furlough may be granted without any specific reason after a convict spends a stipulated number of years.
    • It is a matter of right although cannot be claimed as an ‘absolute legal right’.

    Is ‘parole an extraordinary move?

    • The state governments often take a compassionate view on applications for parole during festivals of Diwali, Rakshabandhan etc.
    • The legislature/politicians do not have direct powers to grant parole on suo-motu cognizance.

    Who can opt for parole and how?

    • The provision of parole is available to convicts found guilty by a court and such a prisoner.
    • The prisoner’s relative/legal aid may submit an application to the prison superintendent.
    • He/she in turn forwards the application to the ‘competent authority’, often under the jurisdiction of district magistrate concerned and comprising prison and police authorities, to sanction release.
    • After due verification of reasons and prisoner’s conduct by the competent authority, an order for grant of release on parole will be issued.
    • In case of rejection of the said application, a convict may approach the High Court.

    Duration of Parole

    • The Prison rules state that parole period may be granted for not more than 30 days.
    • The competent authority may exercise its discretion in case of serious illnesses or death of “nearest relative such as mother, father, sister, brother, children, spouse of the prisoner, or in case of natural calamity.”
    • Parole or extension of parole cannot be granted without a report of the police
    • Apart from the remedy to approach a high court for parole in case of a rejected application, a prison can also approach the high court directly in case of an extraordinary emergency.

    Try this PYQ from CSP 2021:

    Q. With reference to India, consider the following statements:

    1. When a prisoner makes a sufficient case, parole cannot be out denied to such prisoner because it becomes a matter of his/her right.
    2. State Governments have their own Prisoners Release on Parole Rules.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

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  • PM calls for ‘One Nation, One Uniform’ for Police

    uniform

    Prime Minister has pitched the idea of “One Nation, One Uniform” for Indian police forces.

    One Nation One Uniform

    • PM urged that the identity of police across the country should be the same.
    • This suggestion is in line with his broader attempt to introduce a uniform set of policies across the country.

    How can this be achieved?

    • Law and order is a State Subject.
    • The Indian Constitution puts police forces under the jurisdiction of state governments, and each of the 28 states have their own police force.
    • Both ‘public order’ and the ‘police’ are placed in List II (State List) of the Seventh Schedule of the Constitution, which deals with the division of powers between the Union and States.
    • In the circumstances, it is unclear how the PM’s suggestion, if the government were to take it up seriously, might be implemented.

    Why such move?

    Ans. Inconsistencies in attire

    • While police personnel in India are often associated with the colour khaki, their uniforms do differ in varying degrees in different regions.
    • For example:
    1. Kolkata Police wear white uniforms
    2. Puducherry Police constables wear a bright red cap with their khaki uniforms
    3. Delhi Traffic Police personnel wear white and blue uniforms

    Changes in police uniforms

    Over the years, police departments of various states have made various attempts to reform uniforms for their personnel.

    • Maharashtra: In February 2018, in a bid to prevent colour variation in the uniform of its personnel, the Maharashtra police had decided to provide dope-dyed khaki fabric for its staff. Again, the Maharashtra DGP issued a circular discontinuing the practice of wearing a “tunic uniform” for officers from the rank of Police Sub Inspectors (PSI) to Deputy Superintendent (DySP).
    • Karnataka: In October 2018, the Karnataka Police announced that women personnel would no longer wear khaki saris, rather a khaki shirt and trousers while on duty. This would make it easier for policewomen to do their job and improve their effectiveness in dealing with crime.
    • New Delhi: The Delhi Police had asked the National Institute of Fashion Technology (NIFT) to design fresh uniforms, with an immediate focus on clothing that would be more comfortable.

    Other such moves

    • In August this year, the Ministry of Chemicals and Fertilisers announced that it had implemented the “One Nation One Fertiliser” scheme.
    • The Centre in August 2019 had introduced the “One Nation One Ration Card” scheme.
    • PM has also repeatedly suggested the implementation of “One Nation, One Election”, and adopting a single voter list for all polls.

     

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