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GS Paper: Governance, Transparency & Accountability, Citizens Charters

  • Reforms police in India need

    The article highlights the challenges facing the police force in India and suggests the measures to deal with them.

    Urgency of the police reforms

    • In a well-ordered democracy, the police are supposed to be a disciplined force trained to uphold the law and enforce the functioning of democracy on constitutional lines.
    • However, police in India suffers from a triad of malaises:
    • 1) The lack of sensitisation of police personnel.
    • 2) Absence of accountability.
    • 3) Politicisation of the police.

    Objectives of the reforms:

    1) Police sensitisation about their role in society

    • The sensitisation module should aim at bringing about attitudinal change in police — especially pertaining to gender and power relations and police behaviour.
    • There has to be promptness of action and decency of behaviour.
    • They need to be trained in body language and strictly advised to refrain from abusive behaviour.
    • It is necessary to increase public confidence in the police by upgrading levels of police service delivery as well as by investigating and acting in cases of police misconduct.

    2) Increasing accountability

    • Public confidence in police decreases when the public perceives that police abuses are not investigated effectively.
    • Enhancing accountability will improve police legitimacy and increase public confidence, which, in turn, will reinforce the integrity of the system.
    • The Police Ombudsman of Northern Ireland, the Danish Independent Police Complaints Authority are some examples of mechanisms for accountability of the police for acts of abuse of power.

    3) De-politicisation of the police

    • Linked to accountability is de-politicisation of the police force.
    • This is a must for the effective functioning of the country’s criminal justice system.
    • The police, as the custodian of maintenance of law and order, must stay away from agenda-driven politics.

    Need to resolve the structural issues

    In order to achieve the above-stated objectives, structural issues within the force must be given priority.

    1) Vacancies and fair representation to women

    • According to a report by Common Cause in 2019, the Indian police force is at only 77 per cent of its sanctioned strength.
    • India has 144 police personnel for one lakh population and, in some states, the figure is less than 100.
    • One in every five posts sanctioned in the Indian Police Service remains vacant.
    • In low and middle-rank posts, the vacancies of 5.28 lakh personnel account for nearly one-fourth of the total sanctioned strength of over 22 lakh.
    • A fully-staffed police force would only increase India’s police-to-population ratio to 185 against the UN recommended ratio of 222.
    • The police-to-people ratio should be improved by at least 50 per cent to meet the challenges faced by the force.
    • Women are grossly underrepresented in our police force at less than 7 per cent of our total police strength.
    • With the increase in the number of gender crimes, it has become a necessity to augment the strength of police by recruiting more and more women police personnel.
    • The situation in Uttar Pradesh is the worst where police are at roughly 50 per cent of sanctioned strength.
    • When the numbers are inadequate, police personnel are stretched, leading to shoddy policing.

    2) Lack of in-service training

    • The existing police personnel are also not adequately trained. Less than 7 per cent police get in-service training.
    • Gujarat scores the lowest, with less than one per cent having received any in-service training.

    3) Implementation of guidelines and recommendations

    • After the National Police Commission in 1977, several committees were set up, including the Gore Committee, Padmanabhaiah Committee and Malimath Committee.
    • These commissions and committees have made far-reaching recommendations.
    • The top police leadership should be selected by apolitical representatives and an impartial body as suggested by Dharma Vira Commission have farsighted implications.
    • It was a strong antidote to opportunistic appointments and transfers.
    • Recommendations of the commission, if implemented, along with the Supreme Court directives of 2006 by Justice Sabharwal, in true letter and spirit, will go a long way in police reform.

    4) Reforms in criminal justice system

    • Reforms in the criminal justice system and separation of law and order from investigation and prosecution are the other areas that need the attention of the authorities.
    • These aspects have been highlighted by many commissions and committees constituted by the Centre.

    Consider the question “What are the challenges facing the police force in the country? Suggest the measures to deal with these challenges.”

    Conclusion

    A new role and new philosophy have to be defined for the police to not only make it a capable and effective body but also one accountable to the law of the land and to the people whom they serve.

  • Still awaiting police reform

    The police have been in the news for incidents involving violence and killings. These instances points to the urgent need for the implementation of the Supreme Court directives given in the Prakash Singh case. The article deals with the issues of delay in the implementation.

    Need for immediate remedial measures

    • Police has been in the news for incidents involving police brutalities like thrashing of a Dalit Ahirwar couple by the police Madhya Pradesh, torture and killing of father-son duo in Tamil Nadu and killing of gangster in UP.
    • These incidents and several others show that we need immediate remedial measures.

    Past attempts for police reforms

    • The first serious attempt was when the National Police Commission (NPC) was set up in 1977.
    • The NPC submitted eight reports to the Ministry of Home Affairs between 1979 and 1981.
    • Seven of these reports were circulated to the States in 1983.

    Prakash Sing Case

    • No action was taken on the reports of the reports until 1996.
    • In 1996 Prakash Singh, a retired IPS officer, filed a PIL in the apex court in 1996 demanding the implementation of the NPC’s recommendations.
    • In 2006, the Supreme Court issued a slew of directives on police reform.

    Status of implementation of directives by Staes

    • The one directive that would hurt the most is the setting up of a State Security Commission (SSC) in each State.
    • State Security Commission would divest the political leaders of the unbridled power that they wield at present.
    • Of the States that constituted an SSC, only Andhra Pradesh and Karnataka have made SSC recommendations binding on the State government.
    • Only six States provided a minimum tenure of two years to the Director General of Police (DGP).
    • Many States have not implemented a single directive of the Supreme Court.

    Way forward

    • Expecting political will to implement police reforms is difficult to come by, it is for the judiciary to step in and enforce the directives it had passed.
    • Fourteen years is too long a period for any further relaxation.
    • The Court has to ensure that its directives are not dismissed lightly.

    Consider the question “What are the issues facing police administration? What are the reasons for lack of full implementation of the directives given by the Supreme Court in the Prakash Singh case?

    Conclusion

    A bold step towards bringing down crimes is possible only when the politicians-criminals-police nexus is strangled.

  • What are ‘Chapter Proceedings’ by Police?

    The Mumbai police last week began “chapter proceedings” against the Editor-in-Chief of a news channel.

    Can you relate the philosophy behind chapter proceedings and preventive detention?

    What exactly are “chapter proceedings”?

    • Chapter proceedings are preventive actions taken by the police if they fear that a particular person is likely to create trouble and disrupt the peace in society.
    • These proceedings are unlike punitive action taken in case of an FIR with an intention to punish.
    • Here, the police can issue notices under sections of the Code of Criminal Procedure to ensure that the person is aware that creating nuisance could result in action against him.

    What are the sections using which these notices are served?

    • Generally, a notice is issued to a person under section 111 of the CrPC whereby he is asked to present himself before the Executive Magistrate – an ACP-rank officer in a Commissionerate of a Dy. the collector in rural areas – who has issued the notice.
    • The person has to explain why he should not be made to sign a bond of good behaviour.
    • If the Executive Magistrate is not satisfied with the answer, the person is asked to sign a bond of good behaviour and produce sureties vouching for his/her good behaviour.
    • A fine amount is also decided – in accordance with the crime and the person’s financial capability – which the person would have to pay if he violates the conditions set in the bond.

    Legal immunities against such proceedings

    • On receiving the notice under section 111, a person can appeal the notice before the courts.
    • In fact, in the past, courts have come down strongly against chapter proceedings in some cases.

  • Foreign Contribution (Regulation) Act (FCRA)

    The Ministry of Home Affairs (MHA) has asked all NGOs seeking foreign donations to open a designated FCRA account at the State Bank of India’s New Delhi branch.

    What is the FCRA?

    • The FCRA regulates foreign donations and ensures that such contributions do not adversely affect internal security.
    • First enacted in 1976, it was amended in 2010 when a slew of new measures was adopted to regulate foreign donations.
    • The FCRA is applicable to all associations, groups and NGOs which intend to receive foreign donations. It is mandatory for all such NGOs to register themselves under the FCRA.
    • The registration is initially valid for five years and it can be renewed subsequently if they comply with all norms.

    What happens once registered?

    • Registered associations can receive a foreign contribution for social, educational, religious, economic and cultural purposes.
    • Filing of annual returns, on the lines of Income Tax, is compulsory.
    • In 2015, the MHA notified new rules, which required NGOs to give an undertaking that the acceptance of foreign funds.
    • It ruled that it is not likely to prejudicially affect the sovereignty and integrity of India or impact friendly relations with any foreign state and does not disrupt communal harmony.
    • It also said all such NGOs would have to operate accounts in either nationalized or private banks which have core banking facilities to allow security agencies access on a real-time basis.

    Who cannot receive foreign donations?

    • Members of the legislature and political parties, government officials, judges and media persons are prohibited from receiving any foreign contribution.
    • However, in 2017 the MHA amended the 1976-repealed FCRA law paving the way for political parties to receive funds from the Indian subsidiary of a foreign company or a foreign company in which an Indian holds 50% or more shares.

    How else can receive foreign funding?

    • The other way to receive foreign contributions is by applying for prior permission.
    • It is granted for receipt of a specific amount from a specific donor for carrying out specific activities or projects.
    • But the association should be registered under statutes such as the Societies Registration Act, 1860, the Indian Trusts Act, 1882, or Section 25 of the Companies Act, 1956.
    • A letter of commitment from the foreign donor specifying the amount and purpose is also required.

    When is a registration suspended or cancelled?

    • The MHA on inspection of accounts and on receiving any adverse input against the functioning of an association can suspend the FCRA registration initially for 180 days.
    • Until a decision is taken, the association cannot receive any fresh donation and cannot utilise more than 25% of the amount available in the designated bank account without the permission of the MHA.
    • The MHA can cancel the registration of an organisation which will not be eligible for registration or grant of ‘prior permission’ for three years from the date of cancellation.

  • 15 Years of Right to Information

    Fifteen years after the Right to Information (RTI) Act came into force; more than 2.2 lakh cases are pending at the Central and State Information Commissions, which are the final courts of appeal under the transparency law.

    Try this question:

    Q.“RTI is a tool for empowering ordinary citizens and changing the culture of governance in India.” Discuss.

    Right to Information

    • 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.
    • 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.

    Governing of 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.

    Fundamental status of RTI

    • RTI is a fundamental right for every citizen of India.
    • Since RTI, is implicit in the Right to Freedom of Speech and Expression under Article 19 of the Indian Constitution, it is an implied fundamental right.

    Limitation to RTI

    • Information disclosure in India is restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act relaxes.
    • RTI has proven to be very useful but is also counteracted by the Whistle Blowers Protection Act, 2011.

  • Redefining cities

    The article the need for liberal and realistic definition of the ‘urban’ area in the next Census and mention the implications of such change.

    2 ways to define urban areas

    1) Statutory town

    • These towns are defined by state governments and place India’s urbanisation rate at 26.7%.
    • A statutory town includes all places with a municipality, corporation, cantonment board or notified town area committee.

    2) Census-based criteria

    • Census adopts three criteria to define what is urban.
    • The three criteria are:
    • i) a minimum population of 5,000;
    • ii) at least 75% of the male main working population engaged in non-agricultural pursuits, and
    • iii) a density of population of at least 400 persons per sq km
    • This, coupled with statutory towns, pegs India’s urbanisation rate at 31%.
    • Total number of towns (state and census) stands at 7,933, together constituting a 377-mn population.

    Why there is a need for changing the definition of ‘urban’

    • There is growing evidence—mostly from satellite imagery—that India is way more urban than the 2011 Census estimate.
    • This is quite plausible because there is a large sum of money allocated for rural development, and it is in the interest of state governments to under-represent urbanisation.
    • Besides, the Census’s stringent definition was first carved out in 1961 which do not reflect the realities of the 21st century.
    • India won’t be alone in changing these definitions for Census 2021.
    • Many countries, such as China, Iran, the UK, among others, have changed the definition of ‘urban’ from one census to another.

    Getting the right picture of urbanisation

    •  A more liberal and realistic definition in the upcoming census will present the actual picture of urbanisation.
    • For instance, if we just use the population density criteria like 37 other countries, with the 400 people per sq km threshold, we will add around 500 mn people to the urban share of the population.
    • This pegs the urbanisation rate at over 70%!

    What will be its implications?

    • First, the budgetary allocation will reflect the reality and scales will balance between rural and urban areas.
    • Second, the urban areas will not be governed through rural governance structures of Panchayati Raj Institutions.
    • Third basic urban infrastructure like sewerage networks, fire services, building regulations, high-density housing, transit-oriented development, piped drinking water supply.
    • Fourth, these newly defined urban areas could act as a new source of revenue for funding local infrastructure development.
    • This would ease pressure on state finances.
    • Lastly, the rethink of urban definition would have an impact on the regional and national economy.
    • These newly defined urban areas will open them to new infrastructure such as railway lines, discom services, highway connectivity, creation of higher education institutes which will together increase the connectivity and resource capability at the local level.
    • This will not only boost the local economy but also ease pressure on bigger cities and help in cluster level development.

    Conclusion

    A rethink of urban definition in Census 2021, particularly with some degrowth in urban areas due to Covid, will bode well for India for coming decades in more ways than one.

    Source:-

    https://www.financialexpress.com/opinion/redefining-cities-a-new-urban-consensus/2102154/

  • Television Rating Points (TRP) System and its loopholes

    Mumbai police are investigating the alleged manipulation of Television Rating Points (TRP) by an extremely right-wing opinionated news reporter.

    Try this question:

    Q.What do you mean by “TRP Journalism”? Discuss the loopholes in the present system of self-regulation in Indian media.

    What is TRP?

    • In simple terms, anyone who watches television for more than a minute is considered a viewer.
    • The TRP or Target Rating Point is the metric used by the marketing and advertising agencies to evaluate this viewership.
    • In India, the TRP is recorded by the Broadcast Audience Research Council (BARC) using Bar-O-Meters that are installed in televisions in selected households.
    • As on date, the BARC has installed these meters in 44,000 households across the country. Audio watermarks are embedded in video content prior to broadcast.
    • These watermarks are not audible to the human ear, but can easily be detected and decoded using dedicated hardware and software.
    • As viewing details are recorded by the Bar-O-Meters, so are the watermarks.

    What is BARC?

    • It is an industry body jointly owned by advertisers, ad agencies, and broadcasting companies, represented by The Indian Society of Advertisers, the Indian Broadcasting Foundation and the Advertising Agencies Association of India.
    • Though it was created in 2010, the I&B Ministry notified the Policy Guidelines for Television Rating Agencies in India on January 10, 2014, and registered BARC in July 2015 under these guidelines, to carry out television ratings in India.

    How are the households selected?

    • Selection of households where Bar-O-Meters are installed is a two-stage process.
    • The first step is the Establishment Survey, a large-scale face-to-face survey of a sample of approximately 3 lakh households from the target population. This is done annually.
    • Out of these, the households which will have Bar-O-Meters or what the BARC calls the Recruitment Sample are randomly selected. The fieldwork to recruit households is not done directly by BARC.
    • The BARC on its website has said that the viewing behaviour of panel homes is reported to BARC India daily. Coincidental checks either physically or telephonically are done regularly.

    Vigilance activities by BARC

    • Certain suspicious outliers are also checked directly by BARC India.
    • BARC India also involves a separate vigilance agency to check on outliers that it considers highly suspicious.
    • And as per the guidelines of the Ministry of Information and Broadcasting, these households rotate every year.
    • This rotation is in such a manner that older panel homes are removed first while maintaining the representativeness of the panel.
    • The Ministry guidelines further say that the secrecy and privacy of the panel homes must be maintained, and asked the BARC to follow a voluntary code of conduct.

    What are the loopholes in the process?

    • Several doubts have been raised on many previous occasions about the working of the TRP.
    • As per several reports, about 70% of the revenue for television channels comes from advertising and only 30% from subscriptions.
    • It is claimed that households were being paid to manipulate the TRP.

  • A demarcation in the interest of public order

    The article analyses how could the duel role assigned to an official leads to the problems in certain situations and so suggest the separation of the roles.

    Context

    • Delhi Police, having magisterial powers under the Criminal Procedure Code to take preventive action has been criticised for failing to maintain public order and prevent riots in Delhi.

    Issue with delegation: Confusion powers with the role

    • The distinction between independent actions, for which no political clearance is needed, by the District Magistrate to maintain public order and by the police to investigate crime and make arrests, was ignored.
    • Maintaining public order requires the District Magistrate to make hard choices but there can be no justification for lack of effective police action.
    • The District Magistrate is expected to consider protest as legitimate.
    • In Delhi, the police did not distinguish between wider political support and violence caused by a few.

    Distinction between “law and order” and “public order”

    • The Supreme Court has made a distinction between law and order, relating to individual crime, and public order.
    • Law and order consists of the analysis made by police of the situation in an area and their commitment to firm action and penalties under criminal law.
    • Public order is a duty imposed on the District Magistrate to assess whether it is necessary to rush to the spot where law and order has been breached to prevent violence.
    • The District Magistrate’s role is important in exceptional situations — for example, to prevent a breach of peace at a particular place.
    • If an official is allotted a dual role, this could lead to the displacement of one goal in favour of the other.

    Supreme Court’s guidelines

    • The Supreme Court has formulated certain guidelines and rules when it comes to these distinct duties.
    • 1) In Ram Manohar Lohia vs. State of Bihar, in 1965, the Supreme Court held that in the case of ‘public order’, the community or the public at large have to be affected by a particular action as it “embraces more of the community than ‘law and order’, which affects only a few individuals”.
    • 2) In the Madhu Limaye case, the Bench reiterated that “the emergency must be sudden and the consequences sufficiently grave” for imposition of restrictions.
    • 3) In Anuradha Bhasin vs. Union of India, the Supreme Court held that prohibitive orders should not prevent legitimate expression of opinion or grievance or exercise of democratic rights.
    • The Supreme Court has also specifically recognised the importance of the assessment of the role of the District Magistrate, distinct from that of the police.

    Way forward

    • Judicial review of roles and proportionality of decisions for maintaining public order requires a policy rethink.
    • Prevention through grievance redress and reliance on the least blunt instruments are critical for legitimacy.
    • The National Police Commission also recognises the coordinating role of the District Magistrate, having more leverage than the police.

    Conclusion

    The role of the District Magistrate needs to be clearly differentiated from the role of the Police Commissioner.

  • National Medical Commission

    The National Medical Commission (NMC) has replaced the Medical Council of India (BoG-MCI), as per information released by the Health Ministry.

    National Medical Commission

    • National Medical Commission (NMC) is an Indian regulatory body of 33 members which regulates medical education and medical professionals.
    • It replaced the Medical Council of India (MCI) on 25 September 2020.
    • The Commission grants recognition of medical qualifications, gives accreditation to medical schools, grants registration to medical practitioners, and monitors medical practice and assess the medical infrastructure in India.
    • The NMC will have four separate autonomous boards: under-graduate medical education, post-graduate medical education, medical assessment and rating and ethics and medical registration.

    It’s legal backing

    • The NITI Aayog had recommended the replacement of MCI with NMC.
    • The decision was approved by most states and after its approval by the Prime Minister and NMC bill was passed by parliament and approved by President on 8 August 2019.
    • National Medical Commission ordinance was brought in to replace Medical Council of India in early 2019 through an ordinance issued in January 2019 by the President of India.
    • The Supreme Court had allowed the Central Government to replace the medical council and with the help of five specialized doctors monitor the medical education system in India, from July 2017.
    • The government dissolved the MCI in 2018 and Indian Medical Council Act, 1956 (102 of 1956) stands repealed.

  • Upholding transparency in governance

    The article discusses the issue of growing lack of transparency in the functioning of government.

    Issues with Transparent Governance in India

    1) Electoral bond

    •  They were introduced in February 2017— they allowed anonymous donations to political parties and, therefore, protected the privacy of the donors.
    • The Election Commission of India (ECI) criticised the opacity of this financial mechanism.
    • The ECI told the government that this arrangement would prevent the state from ascertaining whether a political party has taken any donation in violation of provisions under Section 29B of the Representation of the People Act.
    • Section 29B prohibits the political parties from taking donations from government companies and foreign sources.
    • Electoral bonds also made it impossible to check whether a company was giving to parties more than what the Companies Act (2013) permitted, that is 7.5 per cent of the net average profit of the three preceding financial years.

    2) Sealed envelopes

    • Sealed envelope has become a modus operandi in several Indian institutions, including the Supreme Court (SC).
    • In the case of political funding by electoral bonds or otherwise, a three-judge bench in 2019 directed political parties to submit the details of donations received to the ECI in sealed cover.
    • The Assam administration had to show the progress it was making in the implementation of the National Register of Citizens by submitting reports in sealed covers.

    3) Undermining RTI

    (A) Reluctance to fill vacancies

    • The government did not appoint a Chief Information Commissioner for a year after the incumbent retired in August 2014.
    •  Similaryly, government did not fill vacant information commissioner posts in the Central Information Commission (CIC) between 2016 and 2018.
    • The backlog of pending appeals had reached 30,000 cases in late 2019 as the CIC has become a rather dysfunctional body.

    (B) Government refusing to disclose infromation

    • The government refused to disclose information which was previously available under the RTI Act.
    • Queries about phone tapping are not responded to anymore.
    • In 2016-17, the home and finance ministries rejected close to 15 per cent of the applications they received while the RBI and public sector banks rejected 33 per cent.
    • The RBI, for instance, refused to give any information about the decision-making process that led to demonetisation.

    (C) Limiting the powers of CIC

    • During the 2019 Monsoon Session of Parliament, government amended the RTI Act to limit the power of the CIC.
    • The five-year fixed tenure for the Chief Information Commissioner and information commissioners was abolished.
    • Their salaries were not fixed any more,  but notified separately by the government.

    4.Diluting Whisleblower’s Protection Act

    • Whistleblowers can now be prosecuted for possessing the documents on which the complaint has been made.
    • Issues flagged by them have to be in “public interest”.
    • Issues flagged should not be “affecting the sovereignty and integrity of India”, related to “commercial confidence” or “information received in confidence from a foreign government.

    5.Issues with statistical information

    • The National Statistical Commission and the Chief Statistician of India faced a credibility crisis when the new GDP series was released.
    • Similarly, the National Crime Records Bureau has been affected by delays (its 2017 report was released in October 2019) and deletions.
    • The National Sample Survey Office has also raised several concerns.

    Conclusion

    Transparency is not only necessary for maintaining a democratic polity, it is also necessary for making the economy work. Government actions must be informed by this fact.

    B2BASICS

    Electoral bond