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GS Paper: Laws, Institutions & Bodies Constituted For The Vulnerable Sections

  • What is the GST Council, what does it do?

    The 47th meeting of the Goods and Services Tax Council began in Chandigarh, almost marking five years of the tax system coming into effect on July 1, 2017.

    What is the GST Council?

    • The GST regime came into force after the Constitutional (122nd Amendment) Bill was passed by both Houses of Parliament in 2016.
    • More than 15 Indian states then ratified it in their state Assemblies, after which the President gave his assent.
    • The GST Council – a joint forum of the Centre and the states — was set up by the President as per Article 279A (1) of the amended Constitution.
    • The members of the Council include the Union Finance Minister (chairperson), the Union Minister of State (Finance) from the Centre.
    • Each state can nominate a minister in-charge of finance or taxation or any other minister as a member.

    Why was the Council set up?

    • The Council, according to Article 279, is meant to “make recommendations to the Union and the states on important issues related to GST, like the goods and services that may be subjected or exempted from GST, model GST Laws”.
    • It also decides on various rate slabs of GST.
    • For instance, an interim report by a panel of ministers has suggested imposing 28 per cent GST on casinos, online gaming and horse racing.
    • A decision on this will be taken at the Council meeting.

    What has changed this time?

    • The ongoing meeting is the first since a decision of the Supreme Court in May this year, which stated recommendations of the GST Council are not binding.
    • The court said Article 246A of the Constitution gives both Parliament and state legislatures “simultaneous” power to legislate on GST .
    • Recommendations of the Council are the product of a collaborative dialogue involving the Union and States.
    • This was hailed by some states, such as Kerala and Tamil Nadu, who believe states can be more flexible in accepting the recommendations as suited to them.

    Agenda in this meet

    • The council’s meeting is also likely to focus on the issue of extension of the GST compensation regime beyond June 2022.
    • This was a special mechanism by which states were assured that their revenues would not be affected by the new GST system.
    • Some states are already demanding that the compensation be continued.
    • Earlier, the Council had agreed to extend the levy of compensation cess till 2026, but only for repayment of the borrowings made in the aftermath of the pandemic to provide compensation to states.

     

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  • Accessible India Campaign

    With its deadline of June 2022 almost up, the status of targets under the Accessible India Campaign (AIC) is likely to be discussed during a meeting of the Central Advisory Board on Disability.

    What is Accessible India Campaign?

    • Accessible India Campaign or Sugamya Bharat Abhiyan is a program that is launched to serve the differently-able community of the country.
    • The flagship program has been launched on 3 December 2015, the International Day of People with Disabilities.
    • The program comes with an index to measure the design of disabled-friendly buildings and human resource policies.
    • The initiative also in line with Article 9 of the (UN Convention on the Rights of Persons with Disabilities) which India is a signatory since 2007.
    • The scheme also comes under the Persons with Disabilities Act, 1995 for equal Opportunities and protection of rights which provides non-discrimination in Transport to Persons with Disabilities.

    Recent developments

    • The Central Public Works Department (CPWD) released the Harmonised Guidelines and Standards for Universal Accessibility in India 2021.
    • Drafted by a team of the IIT-Roorkee and the National Institute of Urban Affairs of the MoHUA, the revised guidelines aim to give a holistic approach.
    • Earlier, the guidelines were for creating a barrier-free environment, but now they are focusing on universal accessibility.

    Key highlights

    • Ramps: The guidelines provide the gradient and length of ramps — for example, for a length of six metres, the gradient should be 1:12. The minimum clear width of a ramp should be 1,200 mm.
    • Beyond PwDs: While making public buildings and transport fully accessible for wheelchair users is covered in the guidelines, other users who may experience temporary problems have also been considered. For instance, a parent pushing a child’s pram while carrying groceries or other bags, and women wearing saris.
    • Women friendly: Built environment needs for accessibility for women should consider diverse age groups, diverse cultural contexts and diverse life situations in which women operate. Diverse forms of clothing (saris, salwar-kameez, etc.) and footwear (heels, kolhapuri chappals, etc.) require a certain orientations.
    • Accessibility symbols: The guidelines call for accessibility symbols for PwD, family-friendly facilities and transgender to be inclusively incorporated among the symbols for other user groups.
    • Targeted authorities: The guidelines are meant for State governments, government departments and the private sector, as well as for reference by architecture and planning institutes.

    Policy measures for PwDs

    • India is a signatory to the UN Convention the Right of Persons with Disabilities, which came into force in 2007.
    • The Union Minister for Social justice and Empowerment has also launched the “Sugamya Bharat App” to complain for ease accessibility for PwDs.
    • India has its dedicated the Rights of Persons with Disabilities Act, 2016, which is the principal and comprehensive legislation concerning persons with disabilities.

     

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  • MTP Act 2021

    Context

    The issue of abortion is in the news again, internationally.

    Criminal law provisions related to termination of pregnancy

    • Under the general criminal law of the country, i.e. the Indian Penal Code, voluntarily causing a woman with child to miscarry is an offence attracting a jail term of up to three years or fine or both, unless it was done in good faith where the purpose was to save the life of the pregnant woman.
    • A pregnant woman causing herself to miscarry is also an offender under this provision apart from the person causing the miscarriage, which in most cases would be a medical practitioner.

    Background of the MTP Act

    • In 1971, after a lot of deliberation, the Medical Termination of Pregnancy (MTP) Act was enacted.
    • This law is an exception to the IPC provisions above.
    • Who, when, where, why and by whom? The law sets out the rules — of when, who, where, why and by whom — for accessing an MTP.
    •  This law has been amended twice since, the most recent set of amendments being in the year 2021 which has, to some extent, expanded the scope of the law.
    • The law does not recognise and/or acknowledge the right of a pregnant person to decide on the discontinuation of a pregnancy.
    • The law provides for a set of reasons based on which an MTP can be accessed.

    Reasons allowed for MTP

    • Reasons: The continuation of the pregnancy would involve a risk to the life of the pregnant woman or result in grave injury to her physical or mental health.
    • The law explains that if the pregnancy is as a result of rape or failure of contraceptive used by the pregnant woman or her partner to limit the number of children or to prevent a pregnancy, the anguish caused by the continuation of such a pregnancy would be considered to be a grave injury to the mental health of the pregnant woman.
    • The other reason for seeking an MTP is the substantial risk that if the child was born, it would suffer from any serious physical or mental abnormality.
    •  A pregnant person cannot ask for a termination of pregnancy without fitting in one of the reasons set out in the law.
    • Gestational age of pregnancy: The other set of limitations that the law provides is the gestational age of the pregnancy.
    • The pregnancy can be terminated for any of the above reasons, on the opinion of a single registered medical practitioner up to 20 weeks of the gestational age.
    • From 20 weeks up to 24 weeks, the opinion of two registered medical practitioners is required.
    • Any decision for termination of pregnancy beyond 24 weeks gestational age, only on the ground of foetal abnormalities can be taken by a Medical Board as set up in each State, as per the law.
    • The law, as an exception to all that is stated above, also provides that where it is immediately necessary to save the life of the pregnant woman, the pregnancy can be terminated at any time by a single registered medical practitioner.

    Issues with the MTP Act provisions

    • While India legalised access to abortion in certain circumstances much before most of the world did the same, unfortunately, even in 2020 we decided to remain in the logic of 1971.
    • Right to health and right to life: By the time the amendments to the MTP Act were tabled before the Lok Sabha in 2020, a number of cases came before the courts.
    • In these cases, the courts had articulated the right of a pregnant woman to decide on the continuation of her pregnancy as a part of her right to health and right to life, and therefore non-negotiable.
    • Violation of right to privacy: In right to privacy judgment of the Supreme Court of India it was held that the decision making by a pregnant person on whether to continue a pregnancy or not is part of such a person’s right to privacy as well and, therefore, the right to life.
    • The standards set out in this judgment were also not incorporated in the amendments being drafted.
    • Not in sync with central laws: The new law is not in sync with other central laws such as the laws on persons with disabilities, on mental health and on transgender persons, to name a few.
    • In conflict with other laws: The amendments also did not make any attempts to iron out the conflations between the MTP Act and the Protection of Children from Sexual Offences (POCSO) Act or the Drugs and Cosmetics Act, to name a few.

    Conclusion

    While access to abortion has been available under the legal regime in the country, there is a long road ahead before it is recognised as a right of a person having the capacity to become pregnant to decide, unconditionally, whether a pregnancy is to be continued or not.

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  • Rape laws are being misused today: Justice BN Srikrishna

    Retired Supreme Court judge Justice BN Srikrishna has said that there is a blatant misuse of rape laws in the country.

    What did Justice BN Srikrishna say?

    • Lesser convictions: Statistics show that even after the amendment of rape laws, there have been less number of convictions.
    • Need for objective analysis: It is time that rape cases be looked at in a very objective manner.
    • Authencity of women’s claims needs to be checked: We need to question — is the woman really subjected to cruelty and atrocities? Otherwise, in the general course of things, the accused is presumed to be innocent unless proven guilty should apply.
    • Tilt of such laws is always against the men: However, in rape cases, whatever the woman says is treated as the gospel truth. But that is not the intention of the law. It is not the way to empower women.

    Various laws for the protection of women

    • Various special laws relating to women include:
    1. Protection of Women from Domestic Violence Act, 2005
    2. Dowry Prohibition Act, 1961
    3. Indecent Representation of Women (Prohibition) Act, 1986
    4. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
    5. Prohibition of Child Marriage Act, 2006

     Alleged rape cases these days

    • False accusations: Justice BN Srikrishna said that, sometimes some innocent men are being falsely accused of rape and later getting acquitted.
    • Consensual sex is later cried as rape: There are many cases either in a consensual relationship or in co-habitation for a long time, there is a disagreement and the woman cries rape.
    • Tool to preserve honour: There are instances where a secret affair is going on, people get to know of it and in order to come out of the ignominy of it, she cries rape, Justice Srikrishna said.

    Issues with such alleged rape cases

    • Whenever the man is accused of rape, he gets arrested, newspapers carry it on the front page.
    • But when there is an acquittal, it is not carried in the same way. This is terrible.
    • The balance is always tilted in favour of women in such cases.

    Various sexual crimes in India

    • Sexual Abuse/ Molestation/ Rape: Rape is one of the most common crimes in India. According to the National Crime Records Bureau, one woman is raped every 20 minutes in India.
    • Marital Crimes: In India, marital rape is not a criminal offense.  India is one of fifty countries that have not yet outlawed marital rape.
    • Forced Marriage: Girls are vulnerable to being forced into marriage at young ages, suffering from a double vulnerability: both for being a child and for being female.
    • Trafficking and forced prostitution: Human trafficking, especially of girls and women, often leads to forced prostitution and sexual slavery.
    • Online abuse: Women are regularly subject to online rape threats, online harassment, cyber-stalking, blackmail, trolling, slut-shaming and more.
    • Harassment at the workplace: Sexual harassment at workplace, mostly comprising of indecent remarks, unwanted touches, demands for sex, and the dissemination of pornography.

    Various initiative to protect women

    The Government has taken a number of initiatives for the safety of women and girls, which are given below:

    • Nirbhaya Fund for projects for the safety and security of women
    • One-Stop Centre Scheme to provide integrated support and assistance to women affected by violence, both in private and public spaces under one roof
    • Online analytic tool for police called “Investigation Tracking System for Sexual Offences” to monitor and track time-bound investigation in sexual assault cases in accordance with Criminal Law (Amendment) Act 2018.
    • National Database on Sexual Offenders (NDSO) to facilitate investigation and tracking of sexual offenders across the country by law enforcement agencies.

    Way ahead

    • Breaking the cycle of abuse will require concerted collaboration and action between governmental and non-governmental actors including educators, health-care authorities, legislators, the judiciary and the mass media.
    • Gender-based violence, an especially violent crime like rape, is a multifaceted problem.
    • Although the incorporation of stringent laws and stricter punishments are important to deter people from committing such crimes, the solution to this is much more than just promulgation.
    • Education of both men and women will lead to change in attitudes and perceptions.
    • It is a mammoth task. We are just doing bits and pieces. A way ahead is obscure but in our sphere with concrete and pronounced steps.

     

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  • SC to look into easing Adoption Methodology

    The Supreme Court has decided to examine a plea to simplify the legal process for the adoption of children in the country.

    Why in news?

    • The petition filed said that there were only 4,000 child adoptions annually though there were 3 crore orphan children in the country.
    • The Child Adoption Resource Information and Guidance (CARING) System ought to appoint trained “adoption preparers” who could help the prospective parents to complete the cumbersome paperwork required for adoption.

    What is Central Adoption Resource Authority (CARA)?

    • CARA is an autonomous and statutory body of Ministry of Women and Child Development set up in 2015.
    • It functions as the nodal body for the adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions.
    • It is designated as the Central Authority to deal with inter-country adoptions in accordance with the provisions of the 1993 Hague Convention on Inter-country Adoption, ratified by India in 2003.

    Why was CARA established?

    • Some people are offering infants for instant adoption by stating how the children have lost their parents to pandemic.
    • However, such adoptions are illegal.
    • The Juvenile Justice (Care and Protection of Children) law was enacted in 2015.
    • The Juvenile Justice Act is a secular law, all persons are free to adopt children under this law.
    • The Juvenile Justice Rules of 2016 and the Adoption Regulations of 2017 followed to create the Central Adoption Resource Authority (CARA).

    Adoption Process

    • The eligibility of prospective adoptive parents living in India, duly registered on the Child Adoption Resource Information and Guidance System (CARINGS), irrespective of marital status and religion, is Procedure for adoption adjudged by specialised adoption agencies preparing home study reports.
    • The specialized adoption agency then secures court orders approving the adoption.
    • All non-resident persons approach authorized adoption agencies in their foreign country of residence for registration under CARINGS.
    • Their eligibility is adjudged by authorised foreign adoption agencies through home study reports.
    • CARA then issues a pre-adoption ‘no objection’ certificate for foster care, followed by a court adoption order.
    • A final ‘no objection’ certificate from CARA or a conformity certificate under the adoption convention is mandatory for a passport and visa to leave India.

    Harmonization created by CARA

    • India has multiple adoption laws.
    • Traditionally, the 1956 Hindu Adoption and Maintenance Act (HAMA), adoption, subject to the requirements and rigors of the Act, is available in India to Hindus, Buddhists, Jains, and Sikhs, and others subject to Hindu family law or custom.
    • For others, the 1890 Guardians and Wards Act applies, but which provides only guardianship, not adoption, for those not subject to Hindu family law or custom.
    • CARA primarily deals with the adoption of “orphaned, abandoned and surrendered” children through recognised adoption agencies.
    • In 2018, CARA has allowed individuals in a live-in relationship to adopt children from and within India.

    Preference Controversy

    • As required by the 1993 Hague Convention, Article 4(b), children residing in India are always offered to Indian families before any foreigner.
    • However, after taking office in 2014, PM Modi changed the law to put Non-Resident Indian (NRI) citizens and couples on par with Indians residing in India.
    • From this point on, all adoptable children are offered to Indian families in order of seniority instead of distinguishing between resident and non-resident Indians.

    Way forward

    • CARA must conduct an outreach programme on social media, newspapers and TV, warning everyone not to entertain any illegal adoption offers under any circumstances whatsoever.
    • The National and State Commissions for Protection of Child Rights must step up their roles as vigilantes.
    • Social activists, NGOs and enlightened individuals must report all the incidents that come to their notice.
    • Respective State Legal Services Authorities have the infrastructure and machinery to stamp out such unlawful practices brought to their attention.
    • The media must publicise and shame all those involved in this disreputable occupation.
    • At the same time, the police authorities need to be extra vigilant in apprehending criminals.

     

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  • Why central services cannot be exempted from reservation for disabled

    Context

    In a case that the SC is currently hearing, the petitioner has challenged a notification issued by the Department of Empowerment for Persons with Disabilities (Department).

    About the notification

    • The impugned notification exempts all categories of posts in the Indian Police Service, the Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli Police Service, as well as the Indian Railway Protection Force Service from the mandated 4 per cent reservation for persons with disabilities under the Rights of Persons with Disabilities Act, 2016 [RPwD Act].

    Issues with the notification

    1] Against combat and non-combat classification

    • On the same day as the issuing of the impugned notification, the Department also issued another notification exempting from the purview of reservation under the RPwD Act posts only of “combatant” nature in the paramilitary police.
    • This classification between combat and non-combat posts was premised on a clear recognition of the fact that persons with disabilities are capable of occupying non-combat posts in the central forces.
    • The Department has offered no justification as to why this classification would not hold good as regards the services covered in the impugned notification.

    2] Against the identification of posts suitable for reservation for the disabled

    • The Ministry of Social Justice and Empowerment had identified a range of ministerial/civilian posts as being suitable for reservation for the disabled.
    • The impugned notification goes against this identification exercise, by virtue of its blanket character.
    • Further, on November 22, 2021, the Union Ministry of Home Affairs released Draft Accessibility Standards/Guidelines for built infrastructure under its purview (police stations, prisons and disaster mitigation centres) and services associated with them.
    • These Draft Standards state that the police staff on civil duty could be persons with disabilities.

    3] Exercise of power

    • As per the RPwD Act, the grant of any exemption has to be preceded by consultation with the Chief Commissioner for Persons with Disabilities.
    • However, the office of the chief commissioner has been lying vacant for many years, with the secretary in the Department officiating in that role.

    Conclusion

    This case presents the SC with the opportunity to rule that the disabled are not a monolithic entity. Every disabled person is different, and it is unfair to paint all disabled people with the same broad brush, based on a stereotypical understanding of what they can do.

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  • Who are Denotified Tribes (DNTs)?

    A standing committee of Parliament, tabled last week, has criticised the functioning of the development programme for de-notified, nomadic and semi-nomadic tribes.

    Who are de-notified, nomadic and semi-nomadic tribes?

    • These are communities who are the most vulnerable and deprived.
    • Denotified tribes (DNTs) are communities that were ‘notified’ as being ‘born criminal’ during the British regime under a series of laws starting with the Criminal Tribes Act of 1871.
    • They mostly belong to the medieval period Banjaras.
    • Nomadic and semi-nomadic communities are defined as those who move from one place to another rather than living at one place all the time.

    What is the history of deprivation faced by these communities?

    • This has a long history, first during colonial rule, and then in independent India.
    • These communities are largely politically ‘quiet’ — they do not place their demands concretely before the government for they lack vocal leadership and also lack the patronage of a national leader.
    • Many commissions and committees constituted since Independence have referred to the problems of these communities. These include the:
    1. Criminal Tribes Inquiry Committee, 1947 constituted in the United Provinces (now Uttar Pradesh)
    2. Ananthasayanam Ayyangar Committee in 1949 (it was based on the report of this committee the Criminal Tribes Act was repealed)
    3. Kaka Kalelkar Commission (also called first OBC Commission) constituted in 1953
    4. In 1965, an Advisory Committee constituted for revision of the SC and ST list under the chairmanship of B N Lokur referred to denotified tribes
    5. The B P Mandal Commission constituted in 1980 also made some recommendations on the issue

    Policy measures for DNTs

    • A National Commission for De-notified, Nomadic and Semi-Nomadic Tribes (NCDNT) was constituted in 2006 by the then government.
    • It was headed by Balkrishna Sidram Renke and submitted its report in June 2008.
    • It said that it is an irony that these tribes somehow escaped the attention of our Constitution makers and thus got deprived of the Constitutional support unlike SCs and STs.
    • The Renke commission estimated their population at around 10.74 crore based on Census 2001.
    • A new Commission constituted in February 2014 to prepare a state-wise list, which submitted its report on January 8, 2018, identified 1,262 communities as de-notified, nomadic and semi-nomadic.
    • Much recently, the Minister of Social Justice and Empowerment launched the Scheme for Economic Empowerment of De-notified, Nomadic, and Semi Nomadic Communities (SEED).

    Why in news now?

    • While a number of these tribes are categorised under SC, ST and OBC, many are not.
    • The standing committee report in Parliament has cited a statement by the Secretary, Department of Social Justice and Empowerment, that 269 DNT communities are not covered under any reserved categories.
    • These communities are frequently left out because they are less visible and difficult to reach.

    What is DWBDNC, and what is its role?

    • The DWBDNC stands for the Scheme for welfare of Denotified, Nomadic and Semi Nomadic communities (DWBDNC).
    • The commission report submitted in 2018 had recommended the setting of up a permanent commission for these communities.
    • But since most DNTs are covered under SC, ST or OBC, the government felt setting up a permanent commission, which would deal with redress of grievances.
    • The government therefore set up the DWBDNCs under the Societies Registration Act, 1860 under the aegis of Ministry of Social Justice and Empowerment.

    The Idate Commission

    • The DWBDNC was constituted on February 21, 2019 under the chairmanship of Bhiku Ramji Idate.
    • Also, a committee has been set up by the NITI Aayog to complete the process of identification of the de-notified, nomadic and semi-nomadic communities (DNCs).
    • Ethnographic studies of DNCs are being conducted by the Anthropological Survey of India, with a budget of Rs 2.26 crore sanctioned.
    • On March 30, 2022 the DoPT issued an advertisement for the recruitment of consultants in the DWBDNC.

     

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  • Tripura’s Darlong community in included in ST List

    The Lok Sabha recently passed a bill to amend a constitutional order to include Darlong, a tribal clan in Tripura which was among the generic Halam community till now, in the list of Scheduled Tribes (ST).

    Who are Darlongs?

    • Darlong is a tribal community of 11,000 people.
    • Despite its small population, the community has a high prevalence of education, cultural activities and members of the community are serving in different high positions in the local administration.
    • Darlongs, despite being Scheduled Tribes, were never given ST certificates.
    • Since they were considered a generic tribe under the Kuki community, they were handed their tribal certificates as members of ‘Kuki’ community.
    • The subsequent identity crisis among them, especially Darlong youths, who were equipped with modern education, culminated in the demand for a separate statutory identity of their own in 1995.
    • The group is a small tribal clan but has produced a high number of educated people proportionate to its population in the state.
    • People from the Darlong community, like many other tribal communities, are now serving in high positions in the state administration, academia, and public services.
    • Tribal musicologist and Rosem (tribal instrument) maestro Thanga Darlong was conferred the prestigious Padma Shri award a few years back for his contribution to culture.

    Why is tribal identity a big issue in Tripura?

    • Out of 37 lakh people of Tripura, nearly 30 per cent are tribals, who mostly live in areas under jurisdiction of the Tripura Tribal Areas Autonomous District Council (TTAADC).
    • They are spread in patches across all eight districts and covering 70 per cent of the state’s geographical area.
    • The state saw tribals become minority in their own state due to arrival of East Pakistani refugees who fled their country.
    • Tribal identity is a major issue in Tripura, which is also one of the major subjects dominating the state politics now.
    • There is rising demand of Greater Tipraland – a proposed separate state for Tiprasa or Tripuris (tribal and non-tribal) living in the state.

    Back2Basics: Tribes of Tripura

    • Tripura, the tiny Northeast state of 37 lakh people houses 19 tribal communities.
    • These include Tripuri or Debbarma, Reangs or Brus, Jamatia, Noatia, Uchoi, Chakma, Mog, Lushai, Kuki, Munda, Kour, Oram, Santhal, Bhil, Bhutia, Chaimar or Sermai, Garo, Khasi, Lepcha and Halam.
    • Many of these communities are further divided into sub-tribes.
    • For example, Kukis have nearly 17-18 sub-tribes within the community.
    • It is an umbrella tribal community including many smaller clans like Khasi, Lushai, Hmars and other generic clans.
    • In course of time, Lushai, Hmar, Garo etc. came out of Kuki as separate communities.
    • Halam community also has several sub-tribes such as Rangkhawl, Ranglong, Dab, Chaimar or Sermai, Bong, Korbong, Harbong, Bongcher etc.

     

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  • Criminal Procedure (Identification) Bill, 2022

    The bill that would allow the police and prison authorities to collect, store and analyse physical and biological samples, including retina and iris scans, was introduced in the Lok Sabha.

    Criminal Procedure (Identification) Bill

    • It authorises law enforcement agencies to collect, store and analyse physical and biological samples of convicts and other persons for the purposes of identification and investigation in criminal matters.
    • It seeks to repeal the Identification of Prisoners Act 1920 which provided for the collection of only fingerprints and footprints.
    • The said Act, in its present form, provides access to a limited category of persons whose body measurements can be taken.
    • As per the Bill, any state government OR Union Territory administration may notify an appropriate agency to collect, preserve and share the measurements of a person of interest in their respective jurisdictions.

    Why need such law?

    • The world has undergone technological and scientific changes, crime and its trend have increased.
    • Advanced countries across the globe are relying on new “measurement” techniques for reliable results.
    • It was felt necessary to expand the “ambit of persons” whose measurements can be taken as this will help investigating agencies gather sufficient legally admissible evidence and establish the crime of the accused person.
    • The Bill will not only help our investigation agencies but also increase prosecution.
    • There is also a chance of an increase in conviction rates in courts through this.

    Key features of the Bill

    The Bill seeks to:

    • Define “measurements”: To include finger impressions, palm-print and foot-print impressions, photographs, iris and retina scan, physical, biological samples and their analysis, etc.;
    • Empower the National Crime Records Bureau (NCRB): To collect, store and preserve the record of measurements and for sharing, dissemination, destruction and disposal of records;
    • Empower a Magistrate: To direct any person to give measurements; a Magistrate can also direct law enforcement officials to collect fingerprints, footprint impressions and photographs in the case of a specified category of convicted and non-convicted persons;
    • Empower police or prison officers: To take measurements of any person who resists or refuses to give measurements
    • Authorises police to record signatures, handwriting or other behavioural attributes: Referred to in section 53 or section 53A of the Code of Criminal Procedure, 1973, for the purposes of analysis.

    Notable feature: Maintenance of Record

    • The National Crime Records Bureau (NCRB) will be the repository of physical and biological samples, signature and handwriting data that can be preserved for at least 75 years.
    • The record of these measurements will be retained in digital or electronic form for a period of seventy-five years from the date of collection.
    • The court or Magistrate, for reasons to be recorded in writing, can direct agencies to maintain the records.
    • The records are to be destroyed in the case of any person who has not been previously convicted of an offence punishable under any law with imprisonment for any term.

    Refusal to Comply

    • Resistance to or refusal to allow the taking of measurements under this Act shall be deemed to be an offence under section 186 of the Indian Penal Code (IPC);
    • No suit or any other proceeding shall lie against any person for anything done, or intended to be done in good faith under this Act or any rule made thereunder;
    • Central government or state government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act;
    • Manner of collection, storing, preservation of measurements and sharing, dissemination, destruction and disposal of records under sub-section (1) of section 4;

    Issues with the Bill

    • Un-constitutionality: The proposed law will be debated against Article 20(3) of the Constitution, which is a fundamental right that guarantees the right against self-incrimination.
    • Violation of Article 21: The Bill also seeks to apply these provisions to persons held under any preventive detention law.
    • Legislative competence of Centre: The Bill was beyond the legislative competence of Parliament as it violated fundamental rights of citizens, including the right to privacy.
    • Contentious provisions: The Bill proposes to collect samples even from protesters engaged in political protests.
    • Lack of clarity: Several provisions are not defined in the Bill itself.. For instance, the statement of objects says it provides for collection of measurements for “convicts and other persons” but the expression “other persons” is not defined.
    • Other: While the jurisprudence around the right to be forgotten is still in an early stage in India, the Puttaswamy judgment discusses it as a facet of the fundamental right to privacy.

     

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  • How to control cyber crime against women

    Context

    The open-source app, Bulli Bai, hosted on the web platform GitHub for “auctioning Muslim women” has laid bare the harassment women face online.

    Cybercrimes against women

    • As per the Telecom Regulatory Authority of India (TRAI) there were around 825 million internet users in India at the end of March 2021.
    • The minuscule amount of rogue elements among these internet users have the lethal capability to create havoc in the nation, its polity, economy and the personal and professional lives of citizens.
    • Reluctance to file case: Many times, police officers are approached by anxious parents, days before marriage, seeking help about fake profiles or morphed photographs of their daughters on the internet.
    • A formal police case is thus never lodged.
    • The stark reality is that cyber blackmailing, stalking and bullying is a humongous issue, causing a lot of stress to women and their families.
    •  NCRB statistics show that total cyber crimes in India during 2020 were 50,035, and those specifically against women were only 10,405.

    Steps need to be taken

    • Promt reporting and registration: To find out the true magnitude of cyber crime, prompt reporting and registration are the only options.
    • International cooperation through treaties: There are many international gangs which successfully avoid detection as “servers” used by them are located outside India.
    • International cooperation through formal treaties and informal channels has to be pursued.
    • CERT-IN has been doing commendable work in this regard.
    • Registering a criminal case is the first crucial step as it sets the law into motion, leading to tracing, arresting and prosecuting the rogues even if they are located outside the country.
    • Increase awareness:  There is need to increase awareness about cyber safety and security so that youth, especially young girls and women, take proper precautions while surfing the virtual world.
    • Better policing: As for the police, we do need better infrastructure, more special cyber cells and police stations, regular training, and collaboration with cyber experts on a continuous basis.
    • Strengthening the capability of forensic laboratories can lead to timely collection of evidence of cyber bullying, threatening, morphing and profiling.
    • Many state labs do not have sufficient numbers of cyber experts to seize, preserve and store images of digital evidence essential for securing conviction in courts.
    • The central government has given funds to states and Union territories under the Cyber Crime Prevention Against Women and Children (CCPWC) scheme to start “cyber forensic-cum-training laboratories”.
    • Fast trial: Fast trial of cyber crimes would indeed help. As per the NCRB, during 2020, court trials were completed in only nine cases of cyber blackmailing and threatening with a 66.7 per cent conviction rate — 393 such cases are pending in courts.
    • Systematic training of prosecutors and judicial officers in dealing with cyber crimes would definitely speed up trials.

    Conclusion

    Prompt reporting of cyber crime by citizens, technically proficient investigation by police adequately supported by forensics, and time-bound completion of court trials are essential for catching cyber offenders who are terrorising people, especially women, in the virtual as well as the real world.

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