💥Join UPSC 2027,2028 Mentorship (August Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

GS Paper: Governance, Transparency & Accountability, Citizens Charters

  • In India, the steady subversion of equality

    Context

    The sharp turns away from democracy seen recently in the country must jolt citizens into stopping the descent.

    Equality in democracy

    • The central edifice of a democracy, or what makes it a revolutionary idea, is equality, or that it accords an equal status to all its people.
    • The promise of the far-sighted Indian Constitution was of equal rights to all.
    • If any benefit was accorded to smaller groups, religious or linguistic minorities or Dalits, it was in order to achieve substantive equality.

    Faith as a differentiator

    • The basis of citizenship under the Citizenship (Amendment) Act 2019, allowing for non-Muslims from three countries to fast-track their citizenship, was the most serious push to introduce religion into citizenship.
    • Impact on marital choice: In terms of marital choices, laws in the country in States where the national ruling party holds sway have drawn harsh attention on inter-faith couples.
    • The Gujarat law criminalising inter-faith marriages has been called out by the Gujarat High Court.
    • But the ordinance introduced in Uttar Pradesh (Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020) is now a law.
    • Food has been criminalised: Stringent laws on cattle end up penalising those who have a certain diet, namely beef. The mood in the country created and abetted by people close to the powers that be, has led to lynchings.
    • State governments and the Union government have mostly ignored the Supreme Court’s directions in 2018 to set up fast track courts, advice to take steps to stop hate messages on social media, or compensation to victims, or bringing in an anti-mob lynching law.
    • Circumscribe where on can reside: The Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, popularly known as the Disturbed Areas Act, circumscribes where one can reside.
    • The act was brought in an atmosphere where there was communal rioting and forced displacement, to ostensibly protect communities from distress sales, the twist accorded to it over the years firmly makes the forced separation of communities. evident.

    Hostile environment

    • Scholars like Thomas Blom Hansen and Paul Brass have unhesitatingly pointed to the role of violence that has historically been acceptable in Indian society and politics.
    • Scholars like Christophe Jaffrelot have pointed out that there will not be a seamless transition to an “ethnic democracy”.
    • The Indian nation is one formed on the promise of shared and participatory kinship, which recognised Indian nationalism as being distinct from the faith you practised at home.
    • Prioritising any one identity will have disastrous consequences and history provides enough evidence of this.

    Conclusion

    The mobs read together with actions of the Union government and that of State governments mark a sharp turn away from the democracy India claims it is. That must jolt us into recognising the distance we have already travelled down the wrong path. That may be the first step to try to wrest the descent into the darkness of an apartheid state.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • What India’s new water policy seeks to deliver

    Context

    Over a period of one year, the committee set up to draft the new National Water Policy (NWP) received 124 submissions by state and central governments, academics and practitioners. The NWP is based on the striking consensus that emerged through these wide-ranging deliberations.

    Major suggestion in NWP

    Demand-side: Diversification of public procurement operations

    • Irrigation consumes 80-90 per cent of India’s water, most of which is used by rice, wheat and sugarcane.
    • Thus, crop diversification is the single most important step in resolving India’s water crisis.
    • The policy suggests diversifying public procurement operations to include nutri-cereals, pulses and oilseeds.
    • This would incentivise farmers to diversify their cropping patterns, resulting in huge savings of water.

    2) Reduce-Recycle-Reuse

    • Reduce-Recycle-Reuse has been proposed as the basic mantra of integrated urban water supply and wastewater management, with treatment of sewage and eco-restoration of urban river stretches, as far as possible through decentralised wastewater management.
    • All non-potable use, such as flushing, fire protection, vehicle washing must mandatorily shift to treated wastewater.

    3) Supply-side measure: Using technology to utilised stored water in dams

    • Within supply-side options, the NWP points to trillions of litres stored in big dams, which are still not reaching farmers.
    • NWP suggests how the irrigated areas could be greatly expanded at very low cost by deploying pressurised closed conveyance pipelines, combined with Supervisory Control and Data Acquisition (SCADA) systems and pressurised micro-irrigation.

    4) Supply of water through “nature-based solutions”

    • The NWP places major emphasis on supply of water through “nature-based solutions” such as the rejuvenation of catchment areas, to be incentivised through compensation for ecosystem services.
    • Specially curated “blue-green infrastructure” such as rain gardens and bio-swales, restored rivers with wet meadows, wetlands constructed for bio-remediation, urban parks, permeable pavements, green roofs etc are proposed for urban areas.

    5) Sustainable and equitable management of groundwater

    • Information on aquifer boundaries, water storage capacities and flows provided in a user-friendly manner to stakeholders, designated as custodians of their aquifers, would enable them to develop protocols for effective management of groundwater.

    6) Rights of Rivers

    • The NWP accords river protection and revitalisation prior and primary importance.
    • Steps to restore river flows include: Re-vegetation of catchments, regulation of groundwater extraction, river-bed pumping and mining of sand and boulders.
    • The NWP outlines a process to draft a Rights of Rivers Act, including their right to flow, to meander and to meet the sea.

    7) Emphasis on water quality

    • The new NWP considers water quality as the most serious un-addressed issue in India today.
    • It proposes that every water ministry, at the Centre and states, include a water quality department.
    • The policy advocates adoption of state-of-the-art, low-cost, low-energy, eco-sensitive technologies for sewage treatment.
    • Widespread use of reverse osmosis has led to huge water wastage and adverse impact on water quality.
    • The policy wants RO units to be discouraged if the total dissolved solids count in water is less than 500mg/L.
    • It suggests a task force on emerging water contaminants to better understand and tackle the threats they are likely to pose.

    8) Reforming governance of water

    • The policy makes radical suggestions for reforming governance of water, which suffers from three kinds issues: That between irrigation and drinking water, surface and groundwater, as also water and wastewater.
    • Government departments, working in silos, have generally dealt with just one side of these binaries.
    • Dealing with drinking water and irrigation in silos has meant that aquifers providing assured sources of drinking water dry up because the same aquifers are used for irrigation, which consumes much more water.
    • And when water and wastewater are separated in planning, the result is a fall in water quality.

    9) Creation of National Water Commission

    • The NWP also suggests the creation of a unified multi-disciplinary, multi-stakeholder National Water Commission (NWC), which would become an exemplar for states to follow.
    • Governments should build enduring partnerships with primary stakeholders of water, who must become an integral part of the NWC and its counterparts in the states.

    Conclusion

    The new National Water Policy calls for multi-disciplinary, multi-stakeholder approach to water management.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Mullaperiyar Dam Issue

    The Supreme Court has directed the Supervisory Committee to take an immediate and firm decision on the maximum water level that can be maintained at Mullaperiyar dam amidst torrential rains in Kerala.

    What is the news?

    • A report by United Nations has stated that the Mullaperiyar dam, situated in a seismically active area, faces the risk of failure.
    • Earlier this year, the Supreme Court warned the TN Chief Secretary against the failure to give information on the rule curve for dam which decides the discharge of excess water.

    Mullaperiyar Dam

    • It is a masonry gravity dam on the Periyar River in Kerala.
    • It is located on the Cardamom Hills of the Western Ghats in Thekkady, Idukki District.
    • It was constructed between 1887 and 1895 by John Pennycuick and also reached in an agreement to divert water eastwards to the Madras Presidency area.
    • It has a height of 53.6 m (176 ft) from the foundation, and a length of 365.7 m (1,200 ft).

    Operational issue

    • The dam is located in Kerala but is operated and maintained by Tamil Nadu.
    • The catchment area of the Mullaperiyar Dam itself lies entirely in Kerala and thus not an inter-State river.
    • In November 2014, the water level hit 142 feet for first time in 35 years.
    • The reservoir again hit the maximum limit of 142 feet in August 2018, following incessant rains in the state of Kerala.
    • Indeed, the tendency to store water to almost the full level of reservoirs is becoming a norm among water managers across States.

    The dispute: Control and safety of the dam

    • Supreme court judgment came in February 2006, has allowed Tamil Nadu to raise the level of the dam to 152 ft (46 m) after strengthening it.
    • Responding to it, the Mullaperiyar dam was declared an ‘endangered’ scheduled dam by the Kerala Government under the disputed Kerala Irrigation and Water Conservation (Amendment) Act, 2006.
    • For Tamil Nadu, the Mullaperiyar dam and the diverted Periyar waters act as a lifeline for Theni, Madurai, Sivaganga, Dindigul and Ramnad districts.
    • Tamil Nadu has insisted on exercising the unfettered colonial rights to control the dam and its waters, based on the 1886 lease agreement.

    Rule of Curve issue

    • A rule curve or rule level specifies the storage or empty space to be maintained in a reservoir during different times of the year.
    • It decides the fluctuating storage levels in a reservoir.
    • The gate opening schedule of a dam is based on the rule curve. It is part of the “core safety” mechanism in a dam.
    • The TN government often blames Kerala for delaying the finalization of the rule curve.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Why India’s bureaucracy needs urgent reform

    Context

    The bureaucracy that took India through the last 75 years can’t be the one to take it through the next 75 — we need a proactive, imaginative, technology-savvy, enabling bureaucracy.

    Role of bureaucracy and challenges it faces

    • The civil services, and the Indian Administrative Service (IAS) in particular played important role in holding India together post-Independence.
    • Much of the impressive nation-building across sectors happened because of their dedication and commitment.
    • It is also forgotten that the bureaucracy, unlike the private sector, is a creature of the Constitution and is bound by multiple rules, laws, and procedures.
    • Understaffed: As per estimates compiled by the Institute of Conflict Management, the government of India (GOI) has about 364 government servants for every 1,00,000 residents, with 45 per cent in the railways alone.
    • About 60 per cent and 30 per cent are in Groups C and D, respectively, leaving a skeletal skilled staff of just about 7 per cent to man critical positions.
    • We are grossly understaffed.
    • Inaction: Further, faced with extensive judicial overreach reporting to an often rapacious, short-sighted political executive, and a media ever ready to play the role of judge, jury and executioner, the bureaucracy has in large part found comfort in inaction and ensuring audit-proof file work.

    Suggestions

    • Get out of business: That we need not be in many sectors is well-recognised — leave them to the markets — and politicians must get bureaucrats out of business, in more ways than one.
    • Prevent punitive actions: To increase the officers’ willingness to take decisions, one possible solution is to legally prevent enforcement agencies from taking punitive action, like arrest for purely economic decisions without any direct evidence of kickbacks.
    • Lateral entry: The toughest challenge is to change an inactive bureaucracy to one that feels safe in taking genuine risks.
    • Lateral entry needs to expand to up to 15 per cent of Joint/Additional and Secretary-level positions in GOI.
    • Recruitment process: Changes in recruitment procedures, like the interview group spending considerable time with the candidates, along with psychometric tests, will improve the incoming pool of civil servants.
    • Evaluation: Most importantly, after 15 years of service, all officers must undergo a thorough evaluation to enable them to move further, and those who do not make it should be put out to pasture.
    • Adoption of technology: Every modern bureaucracy in the world works on technology-enabled productivity and collaboration tools.
    •  India procures about $600 billion worth of goods and services annually — can’t all payments be done electronically?

    Consider this question ” The civil services held India together after Independence, but if the country’s potential is to be realised, existing problems of inefficiency and inaction must be fixed. In light of this, examine the factors reasponsible for inefficiency and suggest the reforms.”

    Conclusion

    India cannot hope to get to a $5-trillion economy without a modern, progressive, results-oriented bureaucracy, one which says “why not?” instead of “why?” when confronted with problems.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • PM-CARES

    We all know that the Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund doesn’t come under the ambit of Right to Information (RTI). This oped seeks to discuss certain aspects of this issue.

    Present context

    • In a recent affidavit, the Delhi High Court was informed that the PM CARES Fund is not a Government of India fund and that the amount collected by it does not go to the Consolidated Fund of India is strange.
    • This petition is seeking the PM-CARES fund to be declared as the “State” under Article 12 of the Constitution.

    Intriguing facts about PM-CARES fund

    • PM CARES has been created not by law, not by notification, but by the mere creation of a webpage, and set up last year in March to raise funds for those affected by the COVID-19 pandemic.
    • The page lists its structure, functions and duties in an arbitrary manner. The official appeals for funds are made under the national emblem.
    • The most significant lie of this sworn statement is that the Government has no control over the Fund.

    What is the case?

    • The PM-CARES Fund was not subject to CAG audit since the Supreme Court regarded it as a public charitable trust.
    • It is not under public scrutiny. Also contributions to it were 100% tax-free.
    • It is accused that there was statutory fund already in existence under the Disaster Management Act of 2005 to receive contributions to finance the fight against a calamity.

    What is RTI?

    • RTI is an act of the parliament which 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 the matter involving a petitioner’s life and liberty, the information has to be provided within 48 hours.

    About PM CARES Fund

    • The PM CARES Fund was created on 28 March 2020 following the COVID-19 pandemic in India.
    • The fund will be used for combat, containment and relief efforts against the coronavirus outbreak and similar pandemic like situations in the future.
    • The PM is the chairman of the trust. Members will include the defence, home and finance ministers.
    • The fund will also enable micro-donations. The minimum donation accepted is ₹10 (14¢ US).

    The other funds

    (1) National Disaster Response Fund (NDRF)

    • The statutorily constituted NDRF was established under the Disaster Management (DM) Act of 2005.
    • The NDRF is mandated to be accountable, and answerable under the RTI Act, being a public authority, and auditable by the Comptroller and Auditor General of India.

    (2) Disaster Response Fund

    • The DM Act also provided for a Disaster Response Fund — state and district level funds (besides the national level).
    • It also collects and uses the donations at the local level, with mandatory transparency and audit provisions.

    (3) Prime Minister’s National Relief Fund

    • There is the PMNRF operative since the days of Jawaharlal Nehru. It was established with public contributions to assist displaced persons from Pakistan.
    • The resources are now utilised primarily to render immediate relief to families of those killed in natural calamities and to the victims of the major accidents and riots.
    • However, it has the President of India and the Leader of Opposition also as trustees.

    Issues over PM-CARES Fund

    • No defined purpose: It is deliberately ignored while a new, controversial, unanswerable, and ‘non-accountable vehicle is created; its character is not spelt out till today.
    • Non-accountable: The government seems to consider statutory provisions for enquiry and information seeking to be embarrassing obstacles.
    • Centralization of donations: It centralises the collection of donations and its utility, which is not only against the federal character but also practically inconvenient. The issue is seeming, the trusteeship of the fund.

    Questions and gaps

    • Law/statute: The PM CARES Fund was neither created by the Constitution of India nor by any statute.
    • Authority: If that is the case, under what authority does it use the designation of the Prime Minister, designated symbols of the nation, the tricolour and the official (gov.in) website of the PMO, and grant tax concessions through an ordinance.
    • Collection and dispensation: The amount received by the Fund does not go to the Consolidated Fund of India. If it goes to the CFI, it could have been audited by the CAG.
    • Uncontrolled: The This Trust is neither intended to be or is in fact owned, controlled or substantially financed by any instrumentality of the any govt even being chaired by the PM.

    Issue over tax benefits

    • Income tax: An ordinance was promulgated to amend Income Tax Act, 1961 and declare that the donations to the PM CARES Fund “would qualify for 80G benefits for 100% exemption”.
    • CSR Funds: It will also qualify to be counted as Corporate Social Responsibility (CSR) expenditure under the Companies Act, 2013.
    • Foreign donations: It has also got exemption under the FCRA [Foreign Contribution Regulation Act] and a separate account for receiving foreign donations has been opened.

    What can be inferred from all these?

    • The Centre now considers it as another obstacle and has created a new trust with the Prime Minister and his Ministers only.
    • The manner in which the PM CARES Fund was set up — with its acronym created to publicise the point that the PM cares for people — shows a bypassing of the statutory obligations of a public authority.

    Query and response: Again ironical

    • After initial denials, the Government has conceded it to be a public charitable trust, but still maintains that it is not a ‘public authority’.
    • The point is that the PMO operates the Fund, but says it cannot supply any information about the PM CARES Fund because it is not a public authority.

    Severe interpretations: Is it an Office of Profit?

    • If the PM CARES Fund is unconnected with the Government, then the Fund could become an office of profit.
    • And that could disqualify him and the three Ministers from holding those constitutional offices.

    Conclusion

    • In order to uphold transparency, the PM CARES Fund should be declared as a Public Authority under the RTI Act, and all RTI queries answered truthfully.
    • The fund should be designated as a “public authority” under Section 2(h) of the RTI Act.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • [pib] Reforms in Urban Planning Capacity in India

    NITI Aayog has launched a report titled ‘Reforms in Urban Planning Capacity in India’ on measures to ramp up urban planning capacity in India.

    Reforms in Urban Planning

    • The report has been developed by NITI Aayog, in consultation with concerned ministries and eminent experts in the domain of urban and regional planning.
    • It underscores urban challenges, including town planning and emphasizes need greater policy attention in our country.

    Why such report?

    • India is home to 11% of the total global urban population.
    • By 2027, India will surpass China as the most populous country in the world.
    • Unplanned urbanization, however, exerts great strain on our cities. In fact, the Covid-19 pandemic has revealed the dire need for the planning and management of our cities.
    • The existing urban planning and governance framework is complex, which often leads to ambiguity and lack of accountability.

    Highlights of the report

    The report makes several recommendations that can unblock bottlenecks in the value chain of urban planning capacity in India.  Some of them are:

    Programmatic Intervention for Planning of Healthy Cities:

    • Every city must aspire to become a ‘Healthy City for All’ by 2030.
    • The report recommends a Central Sector Scheme ‘500 Healthy Cities Programme’, for a period of 5 years, wherein priority cities and towns would be selected jointly by the states and local bodies.

    Programmatic Intervention for Optimum Utilization of Urban Land:

    • All the cities and towns under the proposed ‘Healthy Cities Programme’ should strengthen development control regulations based on scientific evidence to maximize the efficiency of urban land (or planning area).
    • The report recommends a sub-scheme ‘Preparation/Revision of Development Control Regulations’ for this purpose.

    Ramping Up of Human Resources:

    • To combat the shortage of urban planners in the public sector, the report recommends that the states/UTs may need to a) expedite the filling up of vacant positions of town planners.
    • It asks to additionally sanction 8268 town planners’ posts as lateral entry positions.

    Ensuring Qualified Professionals for Undertaking Urban Planning:

    • State town and country planning departments face an acute shortage of town planners.
    • This is compounded by the fact that in several states, ironically, a qualification in town planning is not even an essential criterion for such jobs.
    • States may need to undertake requisite amendments in their recruitment rules to ensure the entry of qualified candidates into town-planning positions.

    Re-engineering of Urban Governance:

    • The report recommends the constitution of a high-powered committee to re-engineer the present urban-planning governance structure.
    • The key aspects that would need to be addressed in this effort are:
    1. clear division of the roles and responsibilities of various authorities, appropriate revision of rules and regulations, etc.,
    2. creation of a more dynamic organizational structure, standardisation of the job descriptions of town planners and other experts, and
    3. extensive adoption of technology for enabling public participation and inter-agency coordination.

    Revision of Town and Country Planning Acts:

    • Most States have enacted the Town and Country Planning Acts, that enable them to prepare and notify master plans for implementation.
    • However, many need to be reviewed and upgraded.
    • Therefore, the formation of an apex committee at the state level is recommended to undertake a regular review of planning legislations (including town and country planning or urban and regional development acts or other relevant acts).

    Demystifying Planning and Involving Citizens:

    • While it is important to maintain the master plans’ technical rigour, it is equally important to demystify them for enabling citizens’ participation at relevant stages.
    • Therefore, the committee strongly recommends a ‘Citizen Outreach Campaign’ for demystifying urban planning.

    Steps for Enhancing the Role of Private Sector:

    • The report recommends that concerted measures must be taken at multiple levels to strengthen the role of the private sector to improve the overall planning capacity in the country.
    • These include the adoption of fair processes for procuring technical consultancy services, strengthening project structuring and management skills in the public sector, and empanelment of private sector consultancies.

    Steps for Strengthening Urban Planning Education System:

    • The Central universities and technical institutions in all the other States/UTs are encouraged to offer PG degree programmes (MTech Planning) to cater to the requirement of planners in the country.
    • The committee also recommends that all such institutions may synergize with Ministry of Rural Development, Ministry of Panchayati Raj and respective state rural development departments.

    Measures for Strengthening Human Resource and Match Demand–Supply:

    • The report recommends the constitution of a ‘National Council of Town and Country Planners’ as a statutory body.
    • Also, a ‘National Digital Platform of Town and Country Planners’ is suggested to be created within the National Urban Innovation Stack of MoHUA.
    • This portal will enable self-registration of all planners and evolve as a marketplace for potential employers and urban planners.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Slide in democratic values, India must work to fix it

    Context

    India has performed poorly in every major global democracy report in the past few years.

    India’s declining performance

    • The Freedom House Index for 2021 pushed India down four points from last year, bringing its score from 71 to 67.
    • V-Dem, the world-renowned think-tank from Sweden, has similarly downgraded India.
    • It has labelled India an “electoral autocracy”.
    • The Economist Intelligence Unit (EIU) study has shown India’s ranking has taken a nosedive from 27 to 53 out of 167 countries.
    • The Reporters without Borders’ Press Freedom Report has placed India 167th out of 183 countries.
    • Freedom House has also given India a score of 2 out of 4 in terms of press freedom.

    Factors pointed out by the rating agencies

    • The country has seen increased pressure being put on human rights organisations and civil rights groups.
    • Journalists and activists have been intimidated and incarcerated, and minorities have been specifically targeted.
    • Hate and polarisation are rampant.
    • The most worrying trend has been the crackdown on freedom of speech, with statistics showing a 165 per cent increase in sedition cases between 2016 and 2019.

    Issues with rejecting of global democratic indexes

    • Indian government sought to challenge the rating of EIU after it released its 2021 report earlier this year.
    • An offer made by the Indian government to supply ‘accurate’ data pertaining to the democratic index was firmly refused by the EIU.
    • Shooting the messenger: This seeming retraction of Indian democratic values in global reports and the Indian indignation regarding it seems to be a clear case of shooting the messenger.
    • Harming democracy: The Indian refusal to acknowledge and remedy them is irreparably harming its democracy.
    • Trying to influence the rating agencies to doctor data to suit us is reprehensible.
    • Difficulty for policymakers: Kaushik Basu, formerly the chief economist of the World Bank, commenting on this episode has said that the tendency of fabricating data to present an alternative image has beset the Indian administration.
    • Not showcasing actual data is making it difficult for policymakers to attempt to remedy the situation.

    Way forward

    •  A committee of secretaries’ meeting on January 30, 2020 discussed how India fared on various important parameters based on 32 internationally recognised indices in order to improve the performance on these indices.
    • The desire to introspect and analyse what needs to be done to improve is correct and laudable.
    •  Let NITI Aayog and all concerned organisations focus on improving our performance in all the declining indicators.

    Consider the question “Ranking of the various agencies shows the declining trend of democratic values in India. What are the reasons for such decline?vSuggest the steps to arrest this decline.” 

    Conclusion

    Instead of denying these rankings and the reports of these agencies, India must work on fixing them.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Custodial Violence

    Context

    Earlier this month, Chief Justice of India N.V. Ramana expressed concern at the degree of human rights violations in police stations in the country. He said that “the threat to human rights and bodily integrity is the highest in police stations”

    Deaths in police custody

    • Improvement in the situation: A reality check shows that the picture is not so bleak and efforts are being made to improve the human rights protection regime in police stations.
    • National Crime Records Bureau (NCRB) data reveal that though the number of custodial deaths varies year to year, on average of about 100 custodial deaths have taken place every year between 2010 and 2019.
    • Of them, about 3.5 persons allegedly died due to injuries caused by policemen.
    • A judicial inquiry, which is mandatory for every suspicious custodial death, was conducted in 26.4 cases.
    • Though every death in custody needs to be prevented, suspicious deaths which bring disrepute to the police system must be rooted out completely.

    Measures to reduce the instances of custodial violence

    1) Reduce the number of arrests

    • As per the law, arrest for offences punishable up to seven years of imprisonment should be made only when such arrest is necessary to prevent the person from tampering with evidence, or committing any further offence, etc.
    • The Supreme Court held that each arrest must be necessary and justified; having the authority to arrest is alone not sufficient.
    • In Arnesh Kumar v. State of Bihar (2014), it was held that despite the offence being non-bailable under Section 498A of the Indian Penal Code (IPC), which relates to torture for dowry, arrest is not mandatory as per Section 41 of the Code of Criminal Procedure (CrPC).
    • In Special Action Forum v. Union of India (2018), the Court further held that the police officer shall furnish to the magistrate the reasons and materials which necessitated the arrest for further detention of the accused.
    • The purpose of these checks is to ensure that the police does not abuse the power of arrest.
    • NCRB data show that the ratio of the number of arrests to the number of IPC offences has decreased from 1.33 in 2010 to 0.96 in 2019.

    2) Separate investigation from law and order

    • The National Police Commission (1977-81), the Law Commission in its 154th report (1996) and the Malimath Committee Report (2003), and the Supreme Court in Prakash Singh v. Union of India (2006), have recommended that the investigating police should be separated from the law-and-order police to ensure better expertise in investigation.
    • It is believed that a separate wing will do more professional investigation and will not use unwarranted methods to extract confession from the accused.
    • Though efforts have been made by some States in this direction, more resources are required in policing to implement the Court’s directions.

    3) Increase the number of investigating officers

    • Unless investigating officers are increased in proportion to the number of serious offences, the quality of investigation may suffer.
    • The Malimath Committee’s recommendation that an investigating officer should preferably investigate no more than 10 cases every year needs to be implemented.
    • Subject expert officers: With the increase of newer types of crime like white collar crime and cybercrime, subject experts are needed to assist the police in the investigation.

    4) Sensitise Police

    • The police officers must know that their mandate is to protect human rights and not violate them.
    • They need to be sensitised regularly and encouraged to employ scientific tools of interrogation and investigation like the lie detection test, narco test and brainfingerprinting test.

    5) Display board on human rights

    • The CJI’s suggestion to install display boards on human rights to disseminate information about the constitutional right to legal aid and availability of free legal aid services may deter police excesses.

    Steps taken to deal with the issue

    • Much has changed in the police consequent to the judgment in D.K. Basu v. State of West Bengal (1996) in which the Supreme Court laid down guidelines to check custodial torture.
    • Guidelines incorporated in CrPC: Most of these guidelines such as providing information to a friend or relative about the arrest, medical examination, and permission to meet a lawyer have now been incorporated in the CrPC.
    • CCTV Cameras installed:  In Paramvir Singh v. Baljit Singh (2020), the Supreme Court has directed States to cover more area of each police station under CCTV cameras and have storage facility of audio-video recording for 18 months.
    • Actions against guilty:  NCRB data show that on average about 47.2 criminal cases were registered annually against policemen in last 10 years.
    • Departmental action against errant officers is a rule in the police force, rather than an exception.
    • Compensation by NHRC: The National Human Rights Commission also oversees deaths in custody due to human rights violations and recommends compensation in appropriate cases.
    • Incentives linked with police reforms: The Home Ministry has recently linked the ‘police modernisation scheme’ with police reforms.
    • Unless sufficient action is taken by the State governments and the police authorities, incentives in the form of additional funds will not be released.

    Consider the question “Human right violations in police stations is a cause for concerns. What are the reasons for such violations? Suggest the measures to curb it.”

    Conclusion

    Our commitment to the protection of human rights is unconditional and total. Many steps have been taken so far to check custodial violence and no stone shall be left unturned to eliminate such violence in toto.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • The National Automated Facial Recognition System

    Context

    On June 23, 2021, the Joint Committee examining the Personal Data Protection Bill (2019) was granted a fifth extension by Parliament. While the Government has been simultaneously exploring the potential of facial recognition technology.

    Automatic Facial Recognition in India

    • To empower the Indian police with information technology, India approved implementation of the National Automated Facial Recognition System (NAFRS).
    • On its implementation, it will function as a national-level search platform that will use facial recognition technology.
    • It will help to facilitate investigation of crime or for identifying a person of interest regardless of face mask, makeup, plastic surgery, beard or hair extension.

    Issues with AFR technology

    • Intrusive in nature: The technology is absolutely intrusive, for the purposes of ‘verification’ or ‘identification’, the system compares the faceprint generated with a large existing database of faceprints typically available to law enforcement agencies.
    • Accuracy and bias: Though the accuracy of facial recognition has improved over the years due to modern machine-learning algorithms, the risk of error and bias still exists.
    • With the element of error and bias, facial recognition can result in profiling of some overrepresented groups (such as Dalits and minorities) in the criminal justice system.
    • Privacy: As NAFRS will collect, process, and store sensitive private information: facial biometrics for long periods; if not permanently — it will impact the right to privacy.
    • Accordingly, it is crucial to examine whether its implementation is arbitrary and thus unconstitutional, i.e., is it ‘legitimate’, ‘proportionate to its need’ and ‘least restrictive’?
    • The Supreme Court, in the K.S. Puttaswamy judgment provided a three-fold requirement to safeguard against any arbitrary state action.
    • Unfortunately, NAFRS fails each one of these tests.
    • Any encroachment on the right to privacy requires the existence of ‘law’ (to satisfy legality of action); there must exist a ‘need’, in terms of a ‘legitimate state interest’; and, the measure adopted must be ‘proportionate’ and it should be ‘least intrusive.’
    • Lack of law: It does not stem from any statutory enactment (such as the DNA Technology (Use and Application) Regulation Bill 2018 proposed to identify offenders or an executive order of the Central Government.
    • Rather, it was merely approved by the Cabinet Committee on Economic Affairs in 2009.
    • Fails proportionality test: Even if we assume that there exists a need for NAFRS to tackle modern day crimes, this measure is grossly disproportionate.
    • For NAFRS to achieve the objective of ‘crime prevention’ or ‘identification’ will require the system to track people on a mass scale — avoiding a CCTV in a public place is difficult — resulting in everyone becoming a subject of surveillance: a disproportionate measure.
    • Impact on civil liberties: As anonymity is key to functioning of a liberal democracy, unregulated use of facial recognition technology will dis-incentivise independent journalism or the right to assemble peaceably without arms, or any other form of civic society activism.
    • Due to its adverse impact on civil liberties, some countries have been cautious with the use of facial recognition technology.
    • In the United States, the Facial Recognition and Biometric Technology Moratorium Act of 2020 was introduced in the Senate to prohibit biometric surveillance without statutory authorisation.
    • Similarly, privacy watchdogs in the European Union have called for a ban on facial recognition.

    Way forward

    • Statutory basis: NAFRS should have statutory authorisation, and guidelines for deployment.
    • Data protection law: In the interest of civil liberties it is important to impose a moratorium on the use of facial recognition technology till we enact a strong and meaningful data protection law.

    Consider the question “What are the issues associated with the deployment of NAFRS? Suggest the way forward.”

    Conclusion

    In sum, even if facial recognition technology is needed to tackle modern-day criminality in India, without accountability and oversight, facial recognition technology has strong potential for misuse and abuse.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • The shaky foundation of the labour law reforms

    Context

    The central government has deferred the possible date of implementation of labour codes to October 1, 2021, prolonging the wait before employers and workers could enjoy the benefits extended by the labour codes.

    Labour law reforms: Key provisions

    • The government enacted the Code on Wages in August 2019 and the other three Codes, viz., the Industrial Relations Code, the Occupational Safety, Health and Working Conditions Code and Code on Social Security (CSS) in September 2020.
    • Universal minimum wage: The codes would extend universal minimum wages and social security, enable enhanced industrial safety and the provision of social security to gig workers, among other things.
    • Recognition of trade unions: The Industrial Relations Code provides for recognition of trade union(s) by employers, a labour right that eluded workers for seven decades.
    • Flexibility to employers: Employers celebrated the extension of tremendous flexibility to them, even those unasked, such as relief from framing standing orders for most firms.
    • The central government has deferred the possible date of implementation to October 1, 2021.

    Issues in implementation

    • State’s have not issued draft rules: Major States such as Tamil Nadu, Kerala, West Bengal, Maharashtra, Haryana and Delhi have not issued the draft rules under any codes.
    • Even though the Code on Wages was enacted in August 2019, it was only in March 2021 that the central government notified the constitution of an advisory committee.
    • Safety concerns persist:  Industrial safety continues to be a grave concern even after the enactment of the Occupational Safety, Health and Working Conditions Code.
    • Lack of clarity on the determination of minimum wage: On June 3, 2021, the government announced an expert committee with a tenure of three years to advise on minimum wages.
    • Then, on July 12, 2021, the government announced that the wage index’s base year would be shifted from 1965 to 2019 to use the revised wage index to determine minimum wages.
    • The Government seems to be facing difficulty regarding the implementation of minimum wages.

    Conclusion

    Despite the gazetting of four Codes, age-old laws are in force. That reflects poorly on the governance abilities of the governments.