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GS Paper: Governance, Transparency & Accountability, Citizens Charters

  • I&B Ministry issues advisory on private TV channels’ ‘Public Service Broadcasting’ Obligation 

    tv

    The Information and Broadcasting Ministry clarified that the topics of national importance and social relevance embedded in the programs broadcast by private TV channels would qualify for “Public Service Broadcasting” Obligation.

    What is the news?

    • The Ministry had earlier issued the guidelines on November 9 last year.
    • Following consultations with the stakeholders, it has now come up with the advisory.

    Content on National Importance: Key Guidelines for TV channels

    • The obligations are under the “Guidelines for Uplinking and Downlinking of Television Channels in India, 2022” to telecast such contents for 30 minutes every day.
    • The time for which the public service broadcasting content is telecast in between commercial breaks shall not be accounted for the 12-minute limit for commercial breaks.
    • The time for the content shall be accounted cumulatively on monthly basis i.e. 15 hours per month.
    • Broadcasters have the liberty to modulate their content.

    Themes of National Interest

    • The relevant content embedded in the programs may be accounted for public service broadcasting.
    • However, it should be done in a manner that the overall objective of the public service broadcasting may be achieved.
    • The content could include the themes of:
    1. Education and spread of literacy
    2. Agriculture and rural development
    3. Health and family welfare
    4. Science and technology
    5. Welfare of women
    6. Weaker sections of society
    7. Protection of environment and cultural heritage and
    8. National integration

    Provisions for voluntary compliance

    • Other subjects: The above list is indicative and could be extended to include similar subjects such as water conservation, disaster management, etc.
    • Self-certification: The advisory seeks to achieve the objective of public service broadcasting by the private TV channels through voluntary compliance and self-certification.
    • Repeat telecast: As advised, the content can be shared between the broadcasters and telecast repeatedly on one or several TV channels.
    • Common e-platform: Such platform can also be developed as a repository of relevant videos or textual content from various sources for access and use.

    Rationale behind

    • Social responsibility: The government has argued that since “airwaves/ frequencies are public property” they “need to be used in the best interest of the society”.
    • Creating awareness: The role of mass media, especially the new channels plays a vital role in reshaping public opinion.

    Ensuring compliance

    • Once the guidelines are implemented, the Ministry will monitor the channels for the broadcast of this content. In case non-compliance is observed in the Ministry’s view, an explanation will be sought.
    • If a channel continues to be non-compliant, more steps can be taken based on specific advisories that will be issued from time to time, and on a case-to-case basis.

    Exemptions

    • Sports channel: The guidelines specify exceptions where it may not be feasible, such as in the case of sports channels, etc.
    • Wildlife channels: The exemption may also apply to wildlife channels and foreign channels, besides live telecasts in the case of sports channels.

     

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  • PM calls for Prison Reforms and Repeal of Obsolete Laws

    prison

    Prime Minister has suggested prison reforms to improve jail management and recommended repealing obsolete criminal laws, at the national annual police meet.

    Issues with Prisons in India

    • Overcrowding: 149 jails in the country are overcrowded by more than 100% and that 8 are overcrowded by margins of a 500%. Overcrowding takes affects the already constrained prison resources and separation between different classes of prisoners difficult.
    • Under-trials: More than 65% of the prison population in India are under trials. The share of the prison population awaiting trial or sentencing in India is extremely high by international standards; for example, it is 11% in the UK, 20% in the US and 29% in France.
    • Lack of legal aid: Legal aid lawyers are poorly paid, and often over-burdened with cases. Further, there is no monitoring mechanism to evaluate the quality of legal aid representation in most states.
    • Miserable conditions:Prison structures in India are in dilapidated condition. Further, lack of space, poor ventilation, poor sanitation and hygiene make living conditions deplorable in Indian prisons.
    • Shortage of staff:The ratio between the prison staff and the prison population is approximately 1:7. In the absence of adequate prison staff, overcrowding of prisons leads to rampant violence and other criminal activities inside the jails.
    • Torture and Sexual abuse: Prisoners are subjected to inhuman psychological and physical torture. Sexual abuse of persons in custody is also part of the broader pattern of torture in custody.
    • Custodial deaths:In 2015, a total of 1,584 prisoners died in jails. A large proportion of the deaths in custody were from natural and easily curable causes aggravated by poor prison conditions. Further, there have been allegations of custodial deaths due to torture
    • Underpaid and unpaid labor: Labor is extracted from prisoners without paying proper wages.
    • Discrimination:According to Humans Rights Watch, a “rigid” class system exists in Indian prisons. On the other hand, socio-economically disadvantaged prisoners are deprived of basic human dignity.
    • Inadequate security measures and management: Poor security measures and prison management often leads to violence among inmates and resultant injury and in some cases death.
    • Lack of mental healthcare: In prison the problem of the overcrowding, poor sanitary facilities, lack of physical and mental activities, lack of decent health care, increase the likelihood of health problems. Further, mental health care has negligible focus in Indian prisons.
    • Colonial system:Absence of reformative approach in the Indian prison system has not only resulted in ineffective integration with society but also has failed to provide productive engagement opportunities for prisoners after their release

    SC Judgements in this regard

    • Through a number of judgements {like Maneka Gandhi case(Right to life and personal with dignity), Ramamurthy vs. State of Karnataka (on conditions of prisons) Prem Sankar Shukla vs. Delhi Administration (no handcuffing).
    • The Supreme has upheld three broad principles regarding imprisonment and custody.
    1. A person in prison does not become a non-person;
    2. A person in prison is entitled to all human rights within the limitations of imprisonment
    3. There is no justification for aggravating the suffering already inherent in the process of incarceration.

    Major legislations for prison reforms

    • The Prisons Act, 1894:It contains various provisions relating to health, employment, duties of jail officers, medical examination of prisoners, prison offenses etc.
    • Transfer of Prisoners Act, 1950– The Act deals with the transfer of a prisoner from state to another state
    • Repatriation of Prisoners Act, 2003:The act enables the transfer of foreign prisoners to the country of their origin to serve the remaining part of their sentence. It also enables the transfer of prisoners of Indian origin convicted by a foreign court to serve their sentence in India
    • Model Prison Manual 2016:It aims at bringing in basic uniformity in laws, rules and regulations governing the administration of prisons and the management of prisoners across all the states and UTs in India
    • Legal service Authority Act, 1987:According to the law, a person in custody is entitled to free legal aid.

    Committees and Recommendations

    Various Committees and Commissions have been constituted by the State Governments as well as the Government of India to study and make suggestions for improving the prison conditions and administration.

    (1) Mulla Committee, 1983

    The major recommendations of the committee included:

    • The setting up of a National Prison Commission to oversee the modernization of the prisons in India
    • Putting a ban on clubbing together juvenile offenders with the hardened criminals in prison and enacting a comprehensive and protective legislation for the security and protective care of delinquent juveniles
    • Segregation of mentally ill prisoners to a mental asylum
    • The conditions of prison should be improved by making adequate arrangements for food, clothing, sanitation and ventilation etc.
    • Lodging of under trial in jails should be reduced to bare minimum and they should be kept separate from the convicted prisoners

    (2) Krishna Iyer Committee, 1987

    • The committee mandated to study the condition of women prisoners in the country.
    • It recommended induction of more women in the police force in view of their special role in tackling women and child offenders.

    (3) National Policy on Prison Reforms and Correctional Administration, 2007

    • In 2005, the Government of India constituted a high-powered committee under the chairmanship of the Director General, the Bureau of Police Research and Development (BPR&D).
    • This committee used the reports of Justice Mulla Committee Report & Justice Krishna Iyer Committee and made several additional and new recommendations.

    (4) Justice Amitava Roy Committee, 2018

    • In 2018 the Supreme Court constituted Amitava Roy Committee to look into the aspect of jail reforms across the country and make recommendations on several aspects, including overcrowding in prisons.
    • It recommended- Special fast-track courts should be set up to deal exclusively with petty offences which have been pending for more than 5 years.
    • Further, accused persons who are charged with petty offences and that granted bail, but who are unable to arrange surety should be released on a Personal Recognizance (PR) Bond.

    Steps taken

    • Modernization of Prisons scheme: The scheme for modernization of prisons was launched in 2002-03 with the objective of improving the condition of prisons, prisoners and prison personnel. Various components included the construction of new jails, repair and renovation of existing jails, improvement in sanitation and water supply etc.
    • E-Prisons Project: It aims to introduce efficiency in prison management through digitization.
    • Open Prisons: The All-India Committee on Jail Reform constituted in 1980 recommended the government to set up and develop open prisons in each state and UT similar to the Sanganer open camp in Rajasthan.

    Way Forward

    • Urgent repair: There is a dire need to address the issue of overcrowding in Indian jails. Further, sincere efforts should be made to improve living conditions which include better sanitation and hygiene, and adequate food and clothing.
    • Address health concerns: There should be an urgent focus on addressing health issues and ensuring access to medical care among prisoners. Women’s health needs, covering mental, physical, sexual and reproductive health, require particular attention.
    • Reform offenders: Efforts should be made to reform offenders in the social stratification by giving them appropriate correctional treatment.
    • Training and rehabilitation: Initiatives should be taken to impart vocational training to prisoners and ensure proper rehabilitation and social inclusion after release
    • Legal aid: The government must take initiative to improve the conditions of under-trial prisoners which can be achieved by speeding of the trial procedure, simplification of the bail procedure and providing effective legal aid
    • More open prisons: Open prison as an effective institution for the rehabilitation of offenders has been highlighted by Supreme Court as late as 1979 in the Dharambeer v State of U.P case. Open prisons should be encouraged as correctional facilities.

     

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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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  • Voting Rights of Migrant Workers

    Voting

    Context

    • It is very worrying that a third of the eligible voters, a whopping 30 crore people, do not vote. Among the many reasons, including urban apathy and geographical constraints, one prominent reason is the inability of internal migrants to vote for different reasons.

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    Voting

    What are the efforts by election commission to address the problem?

    • Committee of Officers on Domestic Migrants: The Election Commission had earlier formed a “Committee of Officers on Domestic Migrants” to address this issue. The Committee’s report submitted in 2016 suggested a solution in the form of “remote voting”.
    • All party representative: To further address this serious problem, the EC invited representatives from all recognised national and state political parties to discuss the legal, administrative, and statutory changes to resolve the issue.
    • All party consensus: The discussion took place in the presence of a technical expert committee. It is important to recall that the last major decision about the voting system was the introduction of Voter Verifiable Paper Audit Trail (VVPAT), with the consensus of all political parties in 2010.

    Migrant workers and their voting rights

    • Least represented group: The Constitution guarantees freedom of movement to every citizen and freedom to reside in any part of the country. However, migrant workers, especially circular or short-term migrants, constituting tens of millions of citizens are some of the least represented groups in the ballot.
    • Lack of access to vote: The issue of disenfranchisement faced by migrant workers is not one arising out of deliberate denial of the right to vote, but for lack of access to vote.
    • Fundamental right: The Supreme Court, in a series of cases, has conclusively interpreted the freedom to access the vote as within the ambit of Article 19(1)(a).

    Voting

    Problems related to migrant workers and Voting

    • Large scale migration: According to the 2011 Census, the number of internal migrants stands at 450 million, a 45 per cent surge from the 2001 census. Among these, 26 per cent of the migration (117 million) occurs inter-district within the same state, while 12 per cent of the migration (54 million) occurs inter-state.
    • Alienation by residency criteria: The root cause of the migrant voters’ issue is that the individual’s inalienable right to vote is conditioned by a rather strict residency qualification. As a consequence, it tends to disenfranchise the migrant population.
    • 60% migrants could not vote: In the survey report, ‘Political inclusion of Seasonal Migrant Workers in India: Perceptions, Realities and Challenges’ by Aajeevika Bureau, it was found that “close to 60 per cent of respondents had missed voting in elections at least once because they were away from home seeking livelihood options”.

    What is the way forward?

    • Electronically Transmitted Postal Ballot System: Section 60(c) of the Representation of People Act, 1951 empowers the Election Commission of India, in consultation with the government, to notify “classes” of voters who are unable to vote in person at their constituencies owing to their physical or social circumstances. Once notified, the voters are eligible for the ETPB system (Electronically Transmitted Postal Ballot System). In the 2019 general elections, the ETPB system was accessed by 18 lakh defence personnel across the country.
    • Postal ballots for migrants: In 2019, in the backdrop of a PIL before the Supreme Court, a bill was floated to extend a similar remote voting possibility to over 10 million adult NRIs in order to “boost their participation in nation-building”. In the 2019 Lok Sabha elections, more than 28 lakh votes were received via postal ballots.
    • Migrants are also equal citizens: In the existing system, remote voting within the constituency by voting via postal ballot is available to senior citizens, people with disabilities, and Covid-affected personnel. The postal ballot voting outside the constituency is available only to service voters, persons on election duty and persons on preventive detention. The Indian migrant worker too deserves the secured right to have access to vote through some mechanism.
    • Remote electronic voting machine: The Election Commission has proposed the use of remote voting for migrant workers wherein a modified version of the existing model of M3 EVMs will be placed at remote polling stations. In fact, the Electronic Corporation of India Ltd. has already developed a prototype of a Multi-constituency Remote EVM (RVM) a modified version of the existing EVM which can handle 72 constituencies in a single remote polling booth. Technical details will be available only after the crucial demonstration.

    Voting

    Conclusion

    • Migrant workers are also the equal citizens of the country. Social-economic and structural barriers should not the hurdle in there right to vote. Election commission of India has taken the step in the right direction. However, consensus needs to be built over the voting rights of migrants.

    Mains Question

    Q. What are the problems faced by migrant workers in exercise of there voting rights? What is the way forward towards ensuring voting rights to migrants?

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  • BIS Standards for Digital TV, Type-C USB and Video Surveillance Systems

    bis

    The Bureau of Indian Standards (BIS) has published three significant Indian Standards in the area of Electronics.

    Bureau of Indian Standards (BIS)

    • BIS is the National Standards Body of India working under the aegis of the Ministry of Consumer Affairs, Food & Public Distribution.
    • It is established by the Bureau of Indian Standards Act, 1986 which came into effect on 23 December 1986.
    • The organization was formerly the Indian Standards Institution (ISI), set up under the Resolution of the Department of Industries and Supplies in September 1946.
    • The ISI was registered under the Societies Registration Act, 1860.
    • A new Bureau of Indian standard (BIS) Act 2016 has been brought into force with effect from 12 October 2017.
    • The Act establishes the Bureau of Indian Standards (BIS) as the National Standards Body of India.

    [A] Digital television receivers

    • BIS has published an Indian Standard IS 18112:2022 Specification for television with built in satellite tuners.
    • TVs manufactured as per this Indian standard would enable reception of Free-To-Air TV and Radio channels just by connecting a dish antenna.
    • This would facilitate transmission of knowledge about government initiatives, schemes, and educational content of Doordarshan and repository of Indian culture programs.
    • At present, TV viewers in the country need to purchase set-top box for viewing various paid and free channels.

    [B] USB Type C receptacles

    • BIS has published Indian standard IS/IEC 62680-1-3:2022 USB Type-C® Cable and Connector Specification.
    • This Indian standard is adoption of existing International standard IEC 62680-1- 3:2022.
    • This standard provides requirements for USB Type-C port, plug and cables for use in various electronic devices like mobile phone, laptop, notebook etc.
    • This standard would provide common charging solutions for the smartphones and other electronic devices sold in the country.
    • This would facilitate in reduction in number of charger per consumer as consumers will no longer need to buy different chargers or generate e-waste.

    [C] Video Surveillance Systems (VSS)

    • BIS, through its technical committee on Alarms and Electronic Security Systems has developed a series of Indian Standard (IS 16910) on Video Surveillance Systems for use in Security Applications.
    • IS 16910 series of Standards is an adoption of the International Standard IEC 62676 series.
    • It provides a detailed outline of all the aspects of a VSS System such as requirements for its components like camera devices, interfaces, system requirements and tests to ascertain the image quality of the camera devices.
    • This will also help in making the surveillance system more secure, robust and cost effective.

     

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  • Census exercise postponed till September 2023

    census

    The decennial census exercise has been postponed till September, at least, as the government informed States that the date of freezing of administrative boundaries has been extended till June 30.

    What is the Census of India?

    • The decennial Census of India has been conducted 16 times, as of 2021.
    • While it has been undertaken every 10 years, beginning in 1872 under British Viceroy Lord Mayo, the first complete census was taken in 1881.
    • Post 1949, it has been conducted by the Registrar General and Census Commissioner of India under the Ministry of Home Affairs.
    • All the censuses since 1951 were conducted under the 1948 Census of India Act.
    • The last census was held in 2011, whilst the next was to be held in 2021. But it has been postponed due to the COVID-19 pandemic.

    What is the purpose of the census?

    • To collect the information for planning and formulation policies for Central and the State Governments.
    • The census tells us who we are and where we are going as a nation.
    • It helps the government decide how to distribute funds and assistance to states and localities.
    • The census data is widely used by National and International Agencies, scholars, business people, industrialists, and many more.

    Why is the census important?

    • Vital statistics for governance: The census is the foundational database for official statistics and policymaking in a modern economy. Outdated census data makes block and district-level planning particularly difficult, since survey data do not offer that kind of high resolution.
    • Provides most credible statistics: Information on Demography, Economic Activity, Literacy and Education, Housing & Household Amenities, Urbanisation, Fertility and Mortality, SCs and STs, Language, Religion, Migration, Disability and many other socio-cultural and demographic data.
    • Delimitation/reservation of Constituencies: Parliamentary/Assembly/Panchayats and other Local Bodies are also done on the basis of the demographic data thrown up by the Census.
    • Administration: Census is the basis for reviewing the country’s progress in the past decade, monitoring the ongoing Schemes of the Government.
    • Planning the future: It provides pathways for planning and resolving problems, and fixing deficiencies. Government goes through analysis over the census data and formulates policies for the future accordingly.
    • Detailed accounts: The best of sample surveys find it impossible to beat a census as It carries the promise of counting each and every Indian. A census is when the state connects to every individual and it will find it hard to hide or duck from the data.
    • Welfare schemes: Identifying the actual beneficiaries, Census is the key to creating identity and affirming it over time. Census data enable neat, inter-temporal comparability.

    Impact of delay in census 2021

    (1) Discrepancies in PDS beneficiary identification

    • The National Food Security Act, 2013, says that 75% of the rural population and 50% of the rural population are entitled to receive subsidised food grains from the government under the targeted public distribution system (PDS).
    • Under the 2011 Census, India’s population was about 121 crore, hence PDS covered approximately 80 crore people.
    • If we apply projected population of 137crore ,current delay in Census data would continue to deprive more than 10 crore people of subsidised food entitlements, with the biggest gaps in Uttar Pradesh and Bihar, with 2.8 crore and 1.8 crore projected exclusions respectively.

    (2) Poor targeting of beneficiaries for welfare schemes

    • Although the Government’s intent to use SECC data but failed at budgetary allocation for the projected expansion.
    • Census data may not be used to calculate the beneficiaries of most schemes, but it is critical to policy planning, budgeting and administration.
    • A number of schemes need to use the disaggregated age and fertility indicators to assess effectiveness as demographics change over time.

    (3) Identifying migration data

    • From the COVID19 lockdowns it is realized that the Numbers, causes and patterns of migration, which could not be answered using outdated 2011 Census data.
    • The D-tables on migration from the 2011 Census were only released in 2019, so it’s outdated by the time it came out.
    • Apart from the One Nation, One Ration card scheme which now allows for portability of food subsidy entitlements, the migration data is actually not used too much in broader economic policy and planning.

    Why there is delay in Census?

    • Administrative boundaries demarcation: As per norms, census can be conducted only three months after freezing of boundary limits of administrative units such as districts, sub-districts, tehsils, talukas etc.
    • COVID-19 Pandemic: The pandemic is being cited as the official reason for the delay, but it is an unconvincing excuse. Pandemic-related restrictions were removed long back.
    • CAA, NRC Issue: The Union government had declared that the 2021 census would be used to draw up an all-India NRC. The Centre is yet to frame the rules for Citizenship Amendment Act (CAA).
    • Lack of Political will: The Union government has shown no urgency in getting census operations back on track. When questioned about the delay, it refuses to clarify when the census might take place.

    Way forward

    • Complete Pre-census work: Conduct house-listing and other allied activites ASAP.
    • Digital census: The data collected through a mobile app will reduce the overall time taken to process the census data and to publish the results in time.
    • Self-enumeration: Allowing households to self-enumerate is a new initiative but it is unclear how successful it would be in terms of data quality and completeness of coverage.

    Conclusion

    • The Census of India has to be saved from needless disruptions and inexplicable delays.
    • Unless the census is insulated from day-to-day politics, the integrity of its data will be compromised.
    • The world’s largest democracy deserves clean and honest data.

     

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  • Towards better Prison architecture

    Prison

    Context

    • Lieutenant-Governor of Delhi (L-G) Vinay Kumar Saxena directed the Delhi Development Authority (DDA) to allocate 1.6 lakh square metres of land to Delhi’s prison department to construct a district prison complex in Narela.

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    Background: Recent prison reform debate

    • Speech by president of India: At the Constitution Day celebrations organised by the Supreme Court in November 2022, President Draupadi Murmu shared a snippet of her journey with the audience.
    • Prisoners unaware of their rights: She reflected on her visits to prisons across India and the circumstances of those incarcerated. She highlighted that these individuals were often unaware of their fundamental rights and had been incarcerated for prolonged periods for minor offences, while their families, struggling with poverty, were unable to bail them out.
    • All organs of state must work together: President Murmu emphasised how the judiciary, executive, and legislature must work together to help them, and concluded by poignantly asking: How are we claiming that we are progressing as a nation, if we are still building prisons to address the issue of overcrowding?

    Prison

    What is the problematic architecture of Prison?

    • High security prison in Delhi: In phase 1, which is expected to be completed by April 2024, a high-security jail is to be built in the complex with a capacity to lodge 250 high-risk prisoners.
    • Stringent security measures: The prison administration has incorporated stringent security measures in the design such as constructing high walls between cells to prevent inmates from viewing others, and interacting with each other, as well as building office spaces between cells to facilitate surveillance.
    • Intention of torture: Architecture of prisons is often used as a tool to surveillance, torture, and break the souls of inmates.
    • Physical and mental health of prisoners: With this prison design, the Delhi prison administration is essentially creating solitary confinement which will have a severe detrimental effect on prisoners’ mental health.

    Prison

    Present condition of prisons in India

    • Governed by colonial act: Prisons in India are still governed by the Prisons Act, 1894, a colonial legislation which treats prisoners as sub-par citizens, and provides the legal basis for punishment to be retributive, rather than rehabilitative.
    • Caste biases in laws: These laws are also highly casteist, and remain largely unchanged since they were drafted by the British. For example, some jail manuals continue to focus on purity as prescribed by the caste system, and assign work in prison based on the prisoner’s caste identity.
    • Colonial mindset in prison governance: Organisations such as the Vidhi Centre of Legal Policy have taken us one step further in identifying colonial legal continuities that India must shred, and the manner in which she can do so.
    • SC/ST community suffers more: Furthermore, Dalits and Adivasis are over-represented in Indian prisons. The National Dalit Movement for Justice and the National Centre for Dalit Human Rights’ report ‘Criminal Justice in the Shadow of Caste’ explains the social, systemic, legal, and political barriers that contribute to this. Legislations such as the Habitual Offenders Act and Beggary Laws allow the police to target them for reported crimes.

    What should be way forward?

    • Preventive measures are necessary: We must take preventive measures before we realise that we have travelled far down this road, and have subjected several people to unnecessary trauma and confinement.
    • Prison reforms rather than more prisons: With the warning signs beseeching us, we must amplify President Murmu’s message on the need to de-carcerate and stop building more prisons, so that the L-G takes adequate steps in that direction.

    Conclusion

    • Many prisoners in India continue to suffer for petty crimes just because of lack education and legal assistance. More than 70% of them are economically poor people. Government must address the false cases by police and judicial delay before building more prisons.

    Mains Question

    Q. Critically examine the present condition of prisons in India? prisons reform should be prior step than building more prisons. Comment.

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  • Govt proposes Policy on Online Gaming

    The Ministry of Electronics and IT proposed an amendment to bring online gaming under the ambit of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

    Regulating Online Gaming

    The following draft amendments to the IT Act are being placed in the public for comments, feedback till January 17:

    • Due diligence: Online gaming intermediaries shall exercise due diligence to ensure that online games with gambling, betting are not permitted.
    • Withdrawals or refunds: Online gaming intermediaries shall inform users of policy for withdrawal or refund of deposit, distribution of winnings, applicable fees
    • Self-Regulatory Organisation: SRO will determine what constitutes prohibited wagering
    • Registration: Self-regulatory bodies will be registered with the MeitY
    • Online games: Self-regulatory bodies may register online games of intermediaries that are members and meet prescribe criteria.
    • Complaints’ redressal: Self-regulatory bodies will resolve complaints through a grievance redressal mechanism.

    What is online gaming?

    • Online gaming can refer to any type of game that someone can play through the Internet or over a computer network.
    • Most of the time, it refers to video games played over the Internet, where multiple players are in different locations across the world.
    • Online gaming also can refer to the idea of gambling over the Internet, through an online casino or an online poker room.

    Types of gaming

    • The types of online gaming include:
    1. E-sports (well-organized electronic sports which include professional players) ex. Chess
    2. Fantasy sports (choosing real-life sports players and winning points based on players’ performance) ex. MPL cricket
    3. Skill-based (mental skill) ex. Archery
    4. Gamble (based on random activity) ex. Playing Cards, Rummy

    Why is the online gaming industry booming in India?

    1. Digital India boom in the gaming industry
    2. Narrowing of the digital divide
    3. IT boom

    Other factors promoting the boom

    1. Growing younger population
    2. Higher disposable income
    3. Inexpensive internet data
    4. Introduction of new gaming genres, and
    5. Increasing number of smartphone and tablet users

    Prospects of online gaming

    • State List Subject:  The state legislators are, vide Entry No. 34 of List II (State List) of the Seventh Schedule, given exclusive power to make laws relating to betting and gambling.
    • Distinction in laws: Most Indian states regulate gaming on the basis of a distinction in law between ‘games of skill’ and ‘games of chance’.
    • Classification on dominant element: As such, a ‘dominant element’ test is utilized to determine whether chance or skill is the dominating element in determining the result of the game.
    • Linked economic activity: Staking money or property on the outcome of a ‘game of chance’ is prohibited and subjects the guilty parties to criminal sanctions.
    • ‘Game of Skill’ debate: Placing any stakes on the outcome of a ‘game of skill’ is not illegal per se and may be permissible. It is important to note that the Supreme Court recognized that no game is purely a ‘game of skill’ and almost all games have an element of chance.

    Need for regulation

    • No comprehensive regulation:  India currently has no comprehensive legislation with regards to the legality of online gaming or boundaries that specify applicable tax rates within the betting and gambling industry.
    • Ambiguity of the sector: The gaming sector is nascent and is still evolving, and many states are bringing about legislation seeking to bring about some order in the online gaming sector.
    • State list subject: Online gaming in India is allowed in most parts of the country. However, different states have their own legislation with regards to whether online gaming is permitted.
    • Economic advantage: Well-regulated online gaming has its own advantages, such as economic growth and employment benefits.

    Issues with online gaming

    • Gaming addiction: Numerous people are developing an addiction to online gaming. This is destroying lives and devastating families.
    • Compulsive gaming: Gaming by children is affecting their performance in schools and impacting their social lives & relationships with family members. Ex. PUBG
    • Impact on psychological health: Online games like PUBG and the Blue Whale Challenge were banned after incidents of violence and suicide.
    • Threat to Data privacy: Inadvertent sharing of personal information can lead to cases of cheating, privacy violations, abuse, and bullying.
    • Betting and gambling: Online games based on the traditional ludo, arguably the most popular online game in India, have run into controversy, and allegations of betting and gambling.

    Why hasn’t a comprehensive law yet materialized?

    • Earlier, states like Tamil Nadu, Telangana, Andhra Pradesh, and Karnataka also passed laws banning online games.
    • However, they were quashed by state High Courts on grounds that an outright ban was unfair to games of skill:
    1. Violation of fundamental rights of trade and commerce, liberty and privacy, speech and expression;
    2. Law being manifestly arbitrary and irrational insofar as it did not distinguish between two different categories of games, i.e. games of skill and chance;
    3. Lack of legislative Competence of State legislatures to enact laws on online skill-based games.

    Way forward

    • Censoring: Minors should be allowed to proceed only with the consent of their parents — OTP verification on Aadhaar could resolve this.
    • Awareness: Gaming companies should proactively educate users about potential risks and how to identify likely situations of cheating and abuse.
    • Regulating mechanism: A Gaming Authority in the central government should be created.
    • Accountability of the gaming company: It could be made responsible for the online gaming industry, monitoring its operations, preventing societal issues, suitably classifying games of skill or chance, overseeing consumer protection, and combatting illegality and crime.
    • All-encompassing legislation: the Centre should formulate an overarching regulatory framework for online games of skill. India must move beyond skill-versus-chance debates to keep up with the global gaming industry.

     

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  • Tamil Nadu worst performer in RTI responsiveness

    rti

    The State Information Commission of Tamil Nadu has been the worst performing as far as responsiveness under the RTI Act is concerned, furnishing only 14% of the information sought for 2021-22.

    State’s responses to RTI

    • Maharashtra was second-worst, sharing 23% of the information asked for.
    • Only 10 ICs provided full information in response to the RTI applications filed as part of this assessment.
    • These included Andhra Pradesh, Haryana, Jharkhand and northeastern States of Sikkim, Nagaland and Tripura.
    • Uttar Pradesh and Andhra Pradesh returned around 40% of the appeals or complaints received by them.

    What is the Right to Information (RTI)?

    • RTI is an act of the parliament that sets out the rules and procedures regarding citizens’ right to information.
    • It replaced the former Freedom of Information Act, 2002.
    • Under the provisions of RTI Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within 30.
    • In case of a matter involving a petitioner’s life and liberty, the information has to be provided within 48 hours.
    • The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.

    What led to the introduction of RTI in India?

    There has been a variety of internal and external pressures on governments to adopt RTI.

    • Corruption and scandals: The crisis was brought into force due to a lack of transparency in the working of the government.
    • Modernization and the Information Society: The expansion of the Internet into everyday life has increased the demand for more information by the public, businesses and civil society groups.
    • International pressure: The World Bank, the IMF and others have pressed countries to adopt laws to reduce corruption and to make financial systems more accountable.
    • Wider recognition of Public Interest: Public interest is a nebulous concept, not defined in any freedom of information laws, understandably so, as it is a very subjective concept.

    Governing of the RTI

    The Right to information in India is governed by two major bodies:

    1. Central Information Commission (CIC) – Chief Information commissioner who heads all the central departments and ministries- with their own public information officers (PIO)s. CICs are directly under the President of India.
    2. State Information Commissions (SIC)– State Public Information Officers or SPIOs head over all the state department and ministries. The SPIO office is directly under the corresponding State Governor.

    State and CIC are independent bodies and CIC has no jurisdiction over the SIC.

    Constitutional backing of the RTI

    • The Indian constitution has an impressive array of basic and inalienable rights termed as fundamental rights contained in part-III.
    • These include the right to equal protection of the laws and the right to equality before the law, the right to freedom of speech and expression also the right to life and personal liberty.
    • Since RTI, is implicit in the Right to Freedom of Speech and Expression under Article 19 of the Indian Constitution, it is an implied FR.
    • These are backed by the right to constitutional remedies that is, the right to approach the supreme court and high court under Article 32 and 226 respectively in case of infringement of any of FRs.
    • The state is not only under an obligation to respect the FRs of the citizens but also equally under an obligation to ensure conditions under which the right can be exercised.
    • The objective of the right to information act is to protect these constitutional rights.

    Benefits of RTI

    • Greater accessibility of information: A person can seek information from any public authority in the form of copies, floppy disks, sample material etc under RTI.
    • Efficient governance: RTI Act helps us in knowing the efficiency of the government functioning.RTI has become a reality consistent with the objectives of having a stable, honest, transparent and efficient government.
    • Citizen’s participation: Information under RTI can be sought easily by requesting the public officer and assistant public officer in any public authority.
    • Government obligation: Obtaining information from any public authority is obligatory for them.
    • Maintenance of public record: Under RTI Act, it is the duty of public authorities to maintain records for easy access and to publish within 120 days the name of the particular officers who should give the information and in regard to the framing of the rules, regulations etc.
    • Empowerment of Citizens: Every citizen has been empowered to be informed about anything that affects their life directly or indirectly.

    Limitations to the RTI

    • Not an absolute right:  The RTI and Right to Privacy are not absolute rights, both the rights, one of which falls under Article 19(l)(a) and the other under Article 21 can obviously be regulated, restricted and curtailed in the larger public interest.
    • Subjected to restrictions: The RTI, being integral part of the right to freedom of speech, is subject to restrictions that can be imposed upon that right under Article 19 (2).
    • Limitations under the rules: Rule 4 of RTI Act puts word limit (No. of words needed in different language is different to express the same idea) as 250 words.  Word Limit, The Hidden power of Information Officer, is the cause of rejection of an application.
    • Only information already available on record is accessible: The RTI Act provides access only to that information that existent and is available in records of the public authorities.
    • Certain information may constitute contempt of court: Any information, the disclosure of which is expressly barred by any Court of law or tribunal or, which may constitute contempt of Court under the Contempt of Court Act, 1971, cannot be released.
    • Information causes a breach of privilege: The Constitution of India provides some privileges to the Parliament and the State Legislature, so it is clear that such information cannot be issued by the public authority.
    • Information relating to Intellectual Property and trade secrets: Any information, including commercial confidence, trade secrets or intellectual property cannot be disclosed.

    Way Forward

    • Speedy disposal: The increasing backlog of cases is exacerbated by the fact that most Commissions are functioning at reduced capacity.
    • Prioritization of cases: There should be a prioritization of cases dealing with information related to life and liberty.
    • Digitalization: Governments should put in place a mechanism for online filing of RTI applications and bring all authorities under one platform.
    • Reducing technicalities: The technicalities of filing an RTI application should be more simplified. The literacy rate of rural India is quite low and thus they find it quite difficult to comply with the procedural.
    • Protecting whistleblowers: There is an urgent need to protect the whistle blowers who are targeted or attacked so easily.

     

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  • City Finance Rankings, 2022

    The Centre launched City Finance Rankings 2022 and City Beauty Competition aimed at incentivising urban local bodies for improving cities’ public infrastructure and strengthening them on basis of key financial parameters.

    What is City Finance Rankings?

    • It aims to evaluate, recognise, and reward urban local bodies on the basis of their strength across key financial parameters.
    • City Finance Rankings aim to motivate city and state officials and decision makers, to implement municipal finance reforms.
    • The participating urban local bodies will be evaluated on 15 indicators across three key municipal finance assessment parameters like resource mobilisation, expenditure performance, and fiscal governance.
    • The cities will be ranked at the national level on the basis of their scores under any one of the following four population categories:
    1. Above 40 lakh
    2. Between 10-40 lakh
    3. 1 lakh to 10 lakh and
    4. Less than one lakh
    • The top three cities in each population category will be recognised and rewarded at the national level as well as within each state and state cluster

    About City Beauty Competition

    • Wards and public places of cities would be judged against the five broad pillars (i) accessibility (ii) amenities (iii) activities (iv) aesthetics and (v) ecology.
    • It would felicitate most beautiful wards and beautiful public places at the city level.
    • It aims to encourage and recognise the transformational efforts made by cities and wards in India to create beautiful, innovative and inclusive public spaces

     

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