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GS Paper: Governance, Transparency & Accountability, Citizens Charters

  • CSR needs positive reforms to support NGO’S

    CSRContext

    • The evolving role of CSR in funding NGOs

    What is NGO?

    • A non-governmental organization is an organization that generally is formed independent from government. They are typically non-profit entities, and many of them are active in humanitarianism or the social sciences; they can also include clubs and associations that provide services to their members and others.

    What is CSR?

    • Corporate social responsibility CSR is a form of international private business self-regulation which aims to contribute to societal goals of a philanthropic, activist, or charitable nature by engaging in or supporting volunteering or ethically oriented practices.

    Why NGO’s are important?

    • When COVID-19 spurred a nationwide lockdown in India in 2020, a grave need for localised social support emerged. Giving, both private and public, flowed to NGOs working towards combating pandemic-induced challenges such as loss of livelihood for vulnerable communities, food banks, and health and medical support.

    CSR key fact

    All companies with a net worth of Rs 500 crore or more, a turnover of Rs 1,000 crore or more, or net profit of Rs 5 crore or more, are required to spend 2 per cent of their average profits of the previous three years on CSR activities every year.

    CSRIssues with CSR funding to NGO

    • No organization development: CSR funders mostly contribute little or no money to organisational development and limit what they pay for indirect costs to a fixed rate often below 5%. 2020 primary research showed that NGOs’ indirect costs range from 5% to 55%, depending on their mission and operating model, much as a corporate’s sales and administration costs vary significantly by industry and product.
    • Regulatory framework: These practices are partly a consequence of CSR funders’ focus on regulatory compliance amendments to the CSR law in 2021 include substantial financial penalties for noncompliance.
    • Errors on safety: Many CSRs make errors on safety with the unintended consequence of leaving an NGO with unpaid bills or worse still, drawing on its scarce core funding from other donors to pay for these essential costs.

    CSRHow to improve CSR governance?

    • Increase transparency: Transparency is the ultimate trust-builder, and should be considered a guiding principle for any socially responsible company. This concept should apply to goals, ongoing initiatives, and ultimate progress or results.
    • Focus on equity: Equity is a vital lens through which to evaluate business practices and CSR strategy, at both a micro and macro level. Not only is ensuring that program furthers social and racial justice a cornerstone of the very essence of corporate responsibility, but study after study establishes that improved diversity and inclusion leads to better outcomes for everyone from increased innovation and competitiveness, to stronger ethics and team culture.
    • Deepen community connections: Deepening your organization’s connection to those on the other side of your CSR projects will have far-reaching benefits. These could likely include developing a more impactful program, as you strengthen your understanding of the needs of the community served.
    • Encourage creativity: Creativity as a principle may feel out of place in a discussion of how to improve CSR. Yet it’s a concept increasingly invoked in philanthropic thought leadership, and for good reason.

    Conclusion

    • The idea is to move beyond signing cheques to recognising that, ultimately, what’s good for Indian society is also good for business.

    Mains question

    Q. why the role of CSR is becoming important in NGO funding? What are the issues with CSR? Discuss the way forward.

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  • [pib] CoE – SURVEI standardizes Drone images for land Survey

    The Centre of Excellence on Satellite and Unmanned Remote Vehicle Initiative (CoE-SURVEI) has developed an Artificial Intelligence-based software which can automatically detect change on the ground, including unauthorised constructions and encroachments in a time series using satellite imagery.

    CoE-SURVEI

    • The CoE-SURVEI, established by Directorate General Defence Estates at National Institute of Defence Estates Management, leverages the latest technologies in survey viz. satellite imagery, drone imagery and geo-spatial tools for effective land management and urban planning.
    • This change detection software has been developed by CoE-SURVEI in collaboration with knowledge partner Bhabha Atomic Research Centre (BARC), Visakhapatnam.
    • Presently, the tool uses National Remote Sensing Centre (NRSC) Cartosat-3 imagery with trained software.
    • The changes are detected by analysing satellite imagery of different time periods.

    Where is it used?

    • The application has been used by CoE in 62 Cantonments and a comparison has been done with the ground position in a recent period.
    • The software facilitates better control of unauthorised activities, ensures accountability of field staff and helps in reducing corrupt practices.
    • The CoE-SURVEI has also developed tools for vacant land analysis and 3D image analysis of hill cantonments

     

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  • NCRB releases ‘Crime in India’ Report

    A new edition of ‘Crime in India’, the annual report of the National Crime Records Bureau (NCRB), was released on August 29, for crime-related statistics in 2021.

    Why in news?

    • NCRB reports have been a valuable compilation of statistics over the years on offences ranging from crimes against women to economic and financial crimes.
    • It has provided honest and credible sets of crime related data in India.

    Crime in India: Key highlights

    • Overall, 2021 saw a 6 per cent decline in the number of crimes registered, as compared to 2020.
    • The crime rate per lakh population declined from 487.8 in 2020 to 445.9 in 2021.
    • However, crime statistics do not always tell the full story, and lower crimes reported in an area do not necessarily mean it is safe.
    • Crimes against women rose 15 per cent in India in 2021 and Delhi is the most unsafe metropolitan city.
    • Rajasthan reported the highest number of rape cases and Maharashtra topped the list when it comes to most suicides.
    • Around 1.73 lakh people died in traffic accidents. Uttar Pradesh saw the highest number of deaths (24,711) in traffic accidents.
    • Jammu and Kashmir registered the most Unlawful Activities (Prevention) Act (UAPA) cases under the ‘special and local laws’ in 2021, as per NCRB data.
    • Of the total 814 cases under the UAPA in India, J&K lodged 289 cases last year, followed by Manipur (157), Assam (95), Jharkhand (86) and Uttar Pradesh (83).
    • Jharkhand and Maharashtra filed the highest cases of communal riots last year with 100 and 77 cases respectively.

    Who publishes the NCRB report?

    • The NCRB was established in January 1986 with the aim of establishing a body to compile and keep records of data on crime.
    • It functions under the Union Home Ministry.
    • Apart from publishing annual reports, its functions include “Collection, coordination and exchange of information on inter-state and international criminals to the respective states”.
    • NCRB also acts as a “national warehouse” for the fingerprint records of Indian and foreign criminals, and assists in locating interstate criminals through fingerprint search.

    How does the NCRB collect information for its report?

    • The NCRB report contains data received from the 36 states and Union Territories across the country.
    • Similar data is furnished for 53 metropolitan cities, or those having a population of more than 10 lakh as per the 2011 census, by respective state-level crime records bureaus.
    • This information is entered by state/UT police at the police station/ district level, and is then validated further at the district level, then the state level, and finally by the NCRB.

    Issues with NCRB data

    • By its own admission, the NCRB says there are limitations to its data.
    • Since the publication caters to the ‘Principal Offence Rule’ for classification of crime, the actual count of each crime head may go under-reporting.
    • The Principal Offence Rule states that in a case where multiple offences are registered, only the “most heinous crime”, carrying the most stringent punishment, is considered when counting.
    • For example, ‘Murder with Rape’ is accounted as ‘Murder’, leading to undercounting of the crime of rape.
    • Vacancies or a shortage of police officers at the local level may hinder the collection of data.
    • Also the data record the incidence of registered crime rather than of actual crime.

    Antithesis to NCRB data

    • Reported crimes against women in Delhi rose significantly in the aftermath of the 2012 Nirbhaya Gangrape case.
    • This is not because the heinous crimes got trivialized.
    • It may have been a reflection of increased awareness about the need for registering crimes, both among those affected and the police, rather than an actual increase in the incidence of crime against women.

     

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  • Right to privacy after 5 years

    right to privacyContext

    • Data privacy breaches which result in the loss and theft of personal, sensitive data have not reduced in terms of measurable frequency or their impact.
    • It has been 5 years since the nine-judge Supreme Court bench delivered the judgment in the Puttaswamy case. It asserted that Indians have a constitutionally protected fundamental right to privacy.

    Right to Privacy can be defined as

    • A right to be let alone;
    • The right of a person to be free from any unwarranted publicity;
    • The right to live without any unwarranted interference by the public in matters with which the public is not necessarily concerned.

    right to privacyDefinition of data

    • Data is a collection of discrete values that convey information, describing quantity, quality, fact, statistics, other basic units of meaning, or simply sequences of symbols that may be further interpreted.

    What is Data Protection?

    • Data protection refers to policies and procedures seeking to minimise intrusion into the privacy of an individual caused by collection and usage of their personal data.

    What is data privacy?

    • Data privacy refers to controlling access to the data. Organizations must determine who has access to data. Understandably, a privacy breach can lead to data security issues.

    What is data security?

    • Data security refers specifically to measures taken to protect the integrity of the data itself against manipulation and malware. It provides defense from internal and external threats.

    Why we need data protection?

    • Increasing internet use: India currently has over 750 million Internet users, with the number only expected to increase in the future.
    • Data breaches: At the same time, India has among the highest data breaches in the world. Without a data protection law in place, the data of millions of Indians continues to be at risk of being exploited, sold, and misused without their consent.
    • Individual privacy: Data monetization may happen at cost of individual privacy. The most sought-after datasets are those that contain sensitive personal data of individuals, ex. medical history, financial data.

    right to privacy
    Issues with the data breaches in India

    • Violation of the right to privacy: The right to privacy was recognized as a fundamental right, included under the right to life and liberty by the Supreme Court of India in 2017.
    • Absence of legal framework: Without a law in place to regulate data collection and to act as an oversight mechanism, valid concerns about privacy and other rights violations continue to arise.
    • High Infrastructural Costs: Technologies like Artificial Intelligence and Big Data are costly to implement. The size of stored information is extremely large and requires huge network & data storage facilities, which are currently not available in India.
    • The concern of Data Leakage: In today’s world of cybercrime, it is important to put appropriate safeguards in place in order to ensure the integrity of the repository/database, so that it doesn’t leak out the information and is not privatized or monetized.
    • Reliability & Authenticity: As the data collected may be used in the court of law during the course of a criminal trial, the reliability and the admissibility of the data along with standards and procedures followed would be taken into consideration. Hence, the authenticity of the data is crucial.

    Conclusion

    • Today, there is a relentless pace of digitisation that relies on gathering personal data in all spheres of our lives. All of this is done in a legal vacuum without any oversight or remedy. This underscores the urgent need for robust data protection law.

    Mains question

    Q.  What do you understand by the term data privacy? Explain how data leakages threatens the sacred right to privacy?

     

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  • AFSPA

    AFSPAContext

    • While AFSPA is repealed in 28 districts in Assam, 7 districts in Nagaland and 6 in Manipur, NSF president Kegwayhun Tep said that it should be repealed in all Northeastern states .

    What is Armed Forces (Special Powers) Act, 1958?

    • Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in “disturbed areas.”
    • AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
    • The Act further provides that if “reasonable suspicion exists”, the armed forces can also arrest a person without warrant; enter or search premises without a warrant; and ban the possession of firearms.

    AFSPA: A Backgrounder

    • The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
    • It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
    • It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.

    AFSPAWhat are the Special Powers?

    • Power to use force: including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;
    • Power to destroy structures: used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;
    • Power to arrest: without warrant and to use force for the purpose;
    • Power to enter and search premises: without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.

    Who can declare/notify such areas?

    • The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.

    AFSPAIssues with AFSPA

    • Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
    • Sexual Misconduct by Armed Forces: The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012. It observed that- in conflict zones, legal protection for women was neglected.
    • Autocracy: The reality is that there is no evidence of any action being taken against any officer of the armed forces or paramilitary forces for their excesses.

    Recommendations to repeal AFSPA

    • Justice B.P. Jeevan Reddy Commission: The 2004 Committee headed by Justice B.P. Jeevan Reddy, the content of which has never officially been revealed by the Government, recommended that AFSPA be repealed.
    • ARC II: The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.

    Why AFSPA should be repealed?

    • Human right violations: The repeal of AFSPA is necessary not just for restoring constitutional sanity, but also as a way of acknowledging dark history of our conduct in Nagaland.
    • Need for ensuring individual dignity: The political incorporation of Nagaland (and all other areas where this law applies) will be set back if the guarantees of individual dignity of the Indian Constitution are not extended.
    • Not state of exception: We often describe AFSPA in terms of a “state of exception”. But this theoretical term is misleading. How can a law that has been in virtually continuous existence since 1958 be described as an “exception”.
    • Lack of human empathy: At the heart of AFSPA is a profound mutilation of human empathy.

    Conclusion

    • To bring in lasting peace in the North East, the government needs to avoid the trap of watered-down peace accords. While the move to withdraw AFSPA is welcome, it needs to be gradually erased. For that, changes in the ground situation would be crucial. Mere smoke signals or drum-beating can never do the job.

    Mains question

    Q. Do you think AFSPA is license to kill? Critically examine the utility of AFSPA today.

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  • Government e-Marketplace (GeM) eyes procurement of ₹2 lakh crore

    Government e-Marketplace (GeM), a national procurement portal, is eyeing annual procurement worth ₹2 lakh crore during FY23. Such a huge amount it is!

    Government e-Marketplace

    • GeM is an online platform for public procurement in India by various Government Departments / Organizations / PSUs.
    • The initiative was launched on August 9, 2016 by the Ministry of Commerce and Industry with the objective to create an open and transparent procurement platform for government buyers.
    • It is owned by GeM SPV (Special Purpose Vehicle) which is a 100 per cent Government-owned, non-profit company under the Ministry of Commerce and Industries
    • GeM aims to enhance transparency, efficiency and speed in public procurement.
    • It provides the tools of e-bidding, reverse e-auction and demand aggregation to facilitate the government users achieve the best value for their money.
    • The purchases through GeM by Government users have been authorized and made mandatory by Ministry of Finance.

    Note: The government has made it mandatory for sellers on the Government e-Marketplace (GeM) portal to clarify the country of origin of their goods when registering new products.

    Advantages for Buyers

    • Offers rich listing of products for individual categories of Goods/Services
    • Makes available search, compare, select and buy facility
    • Enables buying Goods and Services online, as and when required.
    • Provides transparency and ease of buying
    • Ensures continuous vendor rating system
    • Up-to-date user-friendly dashboard for buying, monitoring supplies and payments
    • Provision of easy return policy

    Advantages for Sellers

    • Direct access to all Government departments.
    • One-stop shop for marketing with minimal efforts
    • One-stop shop for bids / reverse auction on products / services
    • New Product Suggestion facility available to Sellers
    • Dynamic pricing: Price can be changed based on market conditions
    • Seller friendly dashboard for selling, and monitoring of supplies and payments
    • Consistent and uniform purchase procedures

     

     

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  • Robust Sport governance for national pride

    sport governanceContext

    • The judicial push for reforms in sport governance of various sporting bodies, football, hockey, table tennis and the Indian Olympic Association has understandably received mixed reactions.

    Why in news?

    • The national sports federation’s usual governance practices do not place either the sport or the athlete front and centre; that space is reserved for official egos, whims and political clout.

    What is sport governance?

    • Sport governance refers to the power a government has over institutions and allows their decisions to be made with due consideration to their influence, authority, and organizational structure.

    Sports in India

    • Physical activity is fundamental to human beings:  The report states that having a fundamental right to literacy would mean identifying the intrinsic value of physical activity to human living.
    • Part of elementary education: It would mean not seeing physical activity as an end in itself, and the establishment of physical activity/ physical education as a core component of the education curriculum.
    • Supportive to other FRs: A fundamental right to physical literacy would actualise and enhance the enjoyment of other fundamental rights. It would go a long way in enhancing the opportunities and freedom to express oneself.
    • Enhancing life quality: A physically literate individual would have a more fulfilling life of higher quality than one who is not.  Physical literacy, as a building block, would go a long way in the promotion and realisation of the right to health and the right to education.

    sport governance Issues with the Current Sports governance

    • Lack of check and balance: The biggest concern regarding these bodies so far has been a complete lack of checks and balances.
    • Excessive autonomy: In the pretext of autonomy, they have been allowed to function in any manner.
    • Less people centric approach: The federations have generally fallen short of public expressions and have failed to carry out their jobs. It has been largely attributed to the way they are governed.
    • Accountability: The current sports model faces accountability issues such as that of having unlimited discretionary powers and also there is no transparency in the decision-making.

    sport governance

     

    Sport governance in India is administered by

    • Ministry of Youth Affairs and Sports (MYAS)
    • National Sports Federation (NSF)
    • Indian Olympic Association (IOA)
    • State Olympic Association (SOA)
    • Sports Authority of India (SAI)

    Positive Suggestions

    • Legislation: There must be presence of powerful and defined sports legislation in India covering all the nuances of sports and giving no arbiter powers to any authority.
    • Transparency-: To maintain transparency with expenditure and fund utilization, Information like a board of members, administrative officials, and remuneration information must be in public domain.
    • Women Representation: It is very important to have sufficient women representation in sports as well as in the administrative bodies, and it is the responsibility of these admin bodies to ensure sufficient representation from women in the board too, to maintain the diversity within the board.
    • Plans: There should be fix timelines disclosed which are to be adopted by sports bodies for the purpose of growth and development of sports in future, which is to be achieved in a given specific period of time. These kinds of timelines and plans would be motivational for players and bodies to. Goals to be targeted in future must be predecided, which can be well monitored and regulated by the authorities. Effective implementation would bring positive results in future.
    • Committees: To set up specific committees for specific activities relating to sports activities, like for planning, financing, research and development purposes. These committees would look after the particular task, which would bring transparency in work and achieving the common objective.
    • Rules and Regulations: like other fields, sports also have conflicts regarding disciplinary, administrative and management issues, to solve this issues governing bodies must set up a common judicial system (tribunal) to deal with sports-related conflicts.

    Conclusion

    • There is a close association of sports with national pride and the kind of influence it has on the psyche of the nation, a role for the State is urgent in sports reforms.

    Mains question

    Q. The national sports federation’s usual governance practices do not place either the sport or the athlete front and centre; that space is reserved for official egos what do you think on this ? Explain the term sport governance with some dynamic changes needed in it.

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  • SC uphold PMLA amendments

    Context

    • At least 17 Opposition parties have dubbed as “dangerous” the recent Supreme Court judgement upholding amendments made in 2019 to the Prevention of Money Laundering Act (PMLA), giving more powers to agencies such as the Enforcement Directorate (ED).

    What are the concerns for this verdict?

    • Violate fundamental rights: Petitions were filed against the amendments, which the challengers claimed would violate personal liberty, procedures of law and the constitutional mandate.
    • Complex process: The petitioners included many veteran politicians who all claimed that the “process itself was the punishment”.
    • Coercion of ED: There were submissions that the accused’s right against self-incrimination suffered when the ED summoned them and made them sign statements on threats of arrest.

    What is PMLA?

    • Prevention of Money Laundering Act, 2002 is an Act of the Parliament of India enacted by the government to prevent money-laundering and to provide for confiscation of property derived from money-laundering.

    What is money laundering?

    • Money laundering is the process of concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling, by converting it into a legitimate source.

    What is ED?

    • The Directorate of Enforcement is a law enforcement agency and economic intelligence agency responsible for enforcing economic laws and fighting economic crime in India. It is part of the Department of Revenue, Ministry of Finance, Government Of India.

    What acts it covers?

    • Prevention of Money Laundering Act (PMLA)
    • Fugitive Economic Offenders Act
    • Foreign Exchange Management Act
    • Foreign Exchange Regulation Act (FERA)

    Roles and functions of the ED

    • Summon, Search and seizure: The ED carries out search (property) and seizure (money/documents) after it has decided that the money has been laundered, under Section 16 (power of survey) and Section 17 (search and seizure) of the PMLA.
    • Arrest and detentions: On the basis of that, the authorities will decide if an arrest is needed as per Section 19 (power of arrest).
    • Attachment of property: Under Section 50, the ED can also directly carry out search and seizure without calling the person for questioning. It is not necessary to summon the person first and then start with the search and seizure.
    • Filing of chargesheet: If the person is arrested, the ED gets 60 days to file the prosecution complaint (chargesheet) as the punishment under PMLA doesn’t go beyond seven years.

    Why ED is making news?

    • Selective witch-hunt: The ED has often been attacked for initiating investigations, raiding and questioning leaders of opposition parties, be it under the current regime or under past governments.

    Why ED is on target?

    • Huge discretions: The ED is the only Central agency in the country that does not require permission from the government to summon or prosecute politicians or government functionaries for committing economic offences like money laundering.
    • Used for petty crimes: PMLA is pulled into the investigation of even “ordinary” crimes and assets of genuine victims have been attached.
    • Actual purpose denigrated: PMLA was a comprehensive penal statute to counter the threat of money laundering, specifically stemming from the trade in narcotics.
    • Violations of Rights: PMLA was enacted in response to India’s global commitment to combat the menace of money laundering. Instead, rights have been “cribbed, cabined and confined”.

    Issues with PMLA

    • Misuse of central agencies: PMLA is being pulled into the investigation of even ordinary crimes by the Enforcement Directorate.
    • Seizing of assets: Assets of genuine victims have been attached. The ED could just walk into anybody’s house.
    • Politically motivated raids: In all this, the fundamental purpose of PMLA to investigate the conversion of “illegitimate money into legitimate money” was lost.
    • Opacity of charges: Petitioners pointed out that even the Enforcement Case Information Report (ECIR) – an equivalent of the FIR – is considered an “internal document” and not given to the accused.
    • Vagueness over evidence: The accused is called upon to make statements that are treated as admissible in evidence.
    • Harassment: The ED begins to summon accused persons and seeks details of all their financial transactions and of their family members.
    • Against individual liberty: The initiation of an investigation by the ED has consequences that have the potential of curtailing the liberty of an individual.

    Way ahead

    • It is unlikely that corruption can be substantially reduced without modifying the way government agencies operate.
    • The fight against corruption is intimately linked with the reform of the investigations.
    • Therefore the adjudicating authorities must work in cooperation and ensure the highest standards of transparency and fairness.

    Mains question

    Q. The trust in premier investigating institutions, and their credibility, is at stake. Is the ED a tool to investigate financial skulduggery or a stick to browbeat opposition leaders? Critically examine.

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  • History of the PIN code, which turns 50 this I-Day

    The 75th Independence Day coincides with another milestone in the country’s history — it was on August 15, 1972, that the Postal Index Number (PIN) was introduced in India.

    As the PIN code turns 50 on Monday, we look at its history and evolution.

    Why was the PIN code introduced?

    • According to the Department of Posts, there were 23,344 post offices, primarily in urban areas, in India at the time of Independence.
    • But, the country was growing rapidly and the postal network had to keep pace.
    • The PIN code was meant to ease the process of mail sorting and delivery in a country where different places, often, have the same or similar names, and letters are written in a wide variety of languages.

    How does the PIN code work?

    • The PIN is made up of six digits.
    • The first number indicates the postal region — Northern, Eastern, Western, Southern; and number 9, which signifies the Army Postal Service.
    • The second number denotes a sub-region, and the third represents the sorting district.
    • The remaining numbers narrow the geography further to the specific post office making the delivery.

    Who was the person behind the initiative?

    • The person behind the initiative was Shriram Bhikaji Velankar, additional secretary in the Union Ministry of Communications and a senior member of the Posts and Telegraphs Board.
    • Velankar was also a Sanskrit poet of eminence who had been conferred the President’s Award for Sanskrit in 1996, three years before he died in Mumbai.
    • He had set up a cultural group in Mumbai, called the Dev Vani Mandiram, which worked to create awareness about Sanskrit in India and foreign countries.
    • Velankar was also the chairman of the World Philatelic Exhibition, called Indipex, which was held in New Delhi in 1973 and featured 120 countries.
    • He retired from his government service on December 31, 1973.

    What are some parallel systems followed world over?

    • Globally, in the US, the Zone Improvement Plan (ZIP) code was introduced July 1, 1963, under the aegis of the Postal Service Nationwide Improved Mail Service plan to improve the speed of mail delivery.
    • Under the old system letters went through about 17 sorting stops – the new system was going to be considerably less time-consuming utilizing newer, more mechanical systems.

    Is the PIN code still relevant?

    • With the spread of the Internet, when people are sending fewer letters, it is easy to question the relevance of the PIN code.
    • But try to order food delivery or a parcel over online shopping and the importance of Velankar’s work in India will become evident.

     

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  • What is the Criminal Procedure (Identification) Act, 2022?

    While the Criminal Procedure (Identification) Act, 2022 was enacted earlier this year, the Ministry of Home Affairs notified it to come into effect from August 4, 2022. It also repeals the existing Identification of Prisoners Act, 1920.

    What is the Criminal Procedure (Identification) Act, 2022?

    • This act provides legal sanction to law enforcement agencies for “taking measurements of convicts and other persons for the purposes of identification and investigation of criminal matters”.
    • The Minister of Home Affairs has observed that with advancements in forensics, there was a need to recognise more kinds of “measurements” that can be used by law enforcement agencies for investigation.

    What is the use of identification details in criminal trials?

    • Measurements and photographs for identification have three main purposes:
    1. To establish the identity of the culprit against the person being arrested
    2. To identify suspected repetition of similar offences by the same person and third
    3. To establish a previous conviction

    What was the previous Identification of Prisoners Act, 1920?

    • Even though the police has powers of arrest, mere arrest does not give Police the right to search a person.
    • The police requires legal sanction to search the person and collect evidence.
    • These legal sanctions are designed so as to maintain a balance between the rights of an individual and the interests of society in prosecution and prevention of offences.
    • The Identification of Prisoners Act, 1920 became a necessity when the recording of newer forms of evidence such as fingerprints, footprints and measurements started becoming more accurate and reliable.

    What was the need to replace this Act?

    • Over the years, the need to amend/update the Identification of Prisoners Act, 1920 has been voiced several times.
    • In 1980, the 87th Report of the Law Commission of India undertook a review of this legislation and recommended several amendments.
    • This was done in the backdrop of the State of UP vs Ram Babu Misra case, where the Supreme Court had highlighted the need for amending this law.
    • The first set of recommendations laid out the need to amend the Act to expand the scope of measurements to include “palm impressions”, “specimen of signature or writing” and “specimen of voice”.
    • The second set of recommendations raised the need of allowing measurements to be taken for proceedings other than those under the Code of Criminal Procedure (CrPC).

    What are the main highlights and differences in both the legislations?

    • Like the Identification of Prisoners Act, 1920, the new Criminal Procedure (Identification) Act, 2022 provides for legal sanction to law enforcement agencies for the collection of measurements.
    • The purpose is to create a useable database of these measurements.
    • At the State level, each State is required to notify an appropriate agency to collect and preserve this database of measurements.
    • At the national level, the National Crime Records Bureau (NCRB) is the designated agency to manage, process, share and disseminate the records collected at the State level.

    What are some of the concerns with the present legislation?

    • The new legislation has raised some concerns related to the protection of fundamental rights.
    • The legislation comes in the backdrop of the right to privacy being recognised as a fundamental right.
    • A fundamental facet of the right to privacy is protection from the invasion of one’s physical privacy.
    • As per the Puttaswamy judgment, there is a need for the measure to be taken in pursuance of a legitimate aim of the state, be backed by the law and be “necessary and proportionate” to the aim being sought to be achieved.

    (1) Various tests behind

    • In this case, while the first two tests are satisfied, as:
    1. prevention and investigation of crime” is a legitimate aim of the state
    2. measurements” are being taken under a valid legislation,
    • Satisfaction of the third test of “necessity and proportionality” has been challenged on multiple counts.

    (2) A probable police state in making

    • Analysis and measurement of behavioural attributes have raised concerns that data processing may go beyond recording of core “measurements”.
    • That is some of these measurements could be processed for predictive policing.

    (3) Includes petty offences

    • The current law allows for “measurements” to be taken if a person has been convicted/arrested for any offence, including petty offences.
    • The necessity of taking measurements of such persons for investigation of offences is unclear, and such discretion is likely to result in abuse of the law at lower levels.
    • This would definitely overburden the systems used for collection and storage of these measurements.

    (4) Period of storage of data

    • Given that these records will be stored for 75 years from the time of collection, the law has been criticised as being disproportionate.

    (5) Surveillance state

    • Such collection can also result in mass surveillance, with the database under this law being combined with other databases such as those of the Crime and Criminal Tracking Network and Systems (CCTNS).

    (6) Promotes self-incrimination

    • Concerns are being raised that the present law violates the right against self-incrimination enshrined in Article 20(3) of the Constitution of India.
    • However, this argument is nebulous since the Supreme Court has already settled this point.
    • In the State of Bombay vs Kathi Kalu Oghad, the Supreme Court had conclusively held that “non-communicative” evidence i.e. evidence which does not convey information within the personal knowledge of the accused cannot be understood to be leading to self-incrimination.
    • Therefore, no challenge lies to the law on this ground.

    Way forward

    • Extensive pre-legislative consultation is must for any sensitive law as such.
    • Privacy and data protection-related concerns must be addressed in the Rules formulated under the legislation and through model Prison Manuals that States can refer to.

     

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