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

Civilsdaily

Login

GS Paper: GS2

  • PM calls for Prison Reforms and Repeal of Obsolete Laws

    prison

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

    Issues with Prisons in India

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

    SC Judgements in this regard

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

    Major legislations for prison reforms

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

    Committees and Recommendations

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

    (1) Mulla Committee, 1983

    The major recommendations of the committee included:

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

    (2) Krishna Iyer Committee, 1987

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

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

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

    (4) Justice Amitava Roy Committee, 2018

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

    Steps taken

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

    Way Forward

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

     

    Crack Prelims 2023! Talk to our Rankers

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • Employment days under MGNREGS at a 5-year low

    mgnregs

    The average days of employment provided per household under the Mahatma Gandhi National Employment Guarantee Scheme (MGNREGS) are at a five-year low, this financial year.

    What is the news?

    • As on January 20, the average days of employment provided per household is 42 days while it was 50 days in 2021-22, 52 days in 2020-21, 48 days in 2019-20 and 51 days in 2018-19.

    Why such unprecedented drop in employments?

    The program has been plagued by systemic problems that is disincentivising participation.

    • Choking of funds: This has led to suppression of work demand and delays in wage payments.
    • App for attendance: The introduction of unnecessary technical complexities like an app for attendance at worksites has caused more hardships for workers who will be more dissuaded going forward.
    • States dismal policies: With less than two-months for the financial year to close, there are at least nine States and union territories which have utilised less than 70% of projected person days.
    • Budgetary cuts: With low utilisation, financial outlay for the underperforming States is expected to further shrink in the upcoming financial year.

    What is MGNREGS?

    • The MGNREGS is a scheme under the Mahatma Gandhi National Rural Employment Guarantee Act of 2005.
    • This is labour law and social security measure that aims to guarantee the ‘Right to Work’.
    • The act was first proposed in 1991 by V. Narasimha Rao.

    What is so unique about it?

    • MGNREGS is unique in not only ensuring at least 100 days of employment to the willing unskilled workers, but also in ensuring an enforceable commitment on the implementing machinery i.e., the State Governments, and providing a bargaining power to the labourers.
    • The failure of provision for employment within 15 days of the receipt of job application from a prospective household will result in the payment of unemployment allowance to the job seekers.
    • Any Indian citizen above the age of 18 years who resides in rural India can apply for the NREGA scheme. The applicant should have volunteered to do unskilled work.
    • Employment is to be provided within 5 km of an applicant’s residence, and minimum wages are to be paid.
    • Thus, employment under MGNREGS is a legal entitlement.

    Why is MGNREGS under fire these days?

    • Not enough work: Bihar despite its levels of poverty, does not generate enough work to make a concrete difference, and on the other end of spectrum we have Kerala which is economically better but has been utilising it for asset creation.
    • No asset creation: There is a lack of tangible asset creation. The committee will study if the composition of work taken up presently under the scheme should be changed.

    Issues in implementation

    • Insufficient budgetary allocations: Increase in the nominal budget but actual budget (after adjusting inflation) decreased over the years.
    • Approved Labour Budget Constraints: The Centre through the arbitrary “Approved Labour Budget” has reduced the number of days of work and put a cap on funds through the National Electronic Fund Management System
    • Not so attractive wages rate: Currently, MGNREGS wage rates of 17 states are less than the corresponding state minimum wages.
    • Delay in wage payments: Under the MGNREGS, a worker is entitled to get his or her due wages within a fortnight of completion of work, failing which the worker is entitled to the compensation.
    • No-work situations are rising: None of the states was able to provide full 100 days employment as mentioned in the scheme.
    • Data manipulations by authorities: A recent study has found that data manipulation in the MGNREGS is leading to gross violations in its implementation.
    • Non-purposive spending and corruptions: Many works sanctioned under MGNREGS often seem to be non-purposive. Quite often, they are politically motivated hotspots to create rampant corruption.
    • Centralization weakening local governance: A real-time MIS-based implementation and a centralised payment system has further left the representatives of the Panchayati Raj Institutions with literally no role in implementation.

    Conclusion

    • Large scale social security programmes like MGNREGS are subjected to undergo several stumbling blocks in the times of ongoing pandemic.
    • Government and NGOs must study the impact of MGNREGS in rural areas so as to ensure that this massive anti-poverty scheme is not getting diluted from its actual path.
    • We must view MGNREGS as an opportunity and explicitly include it in a broad-based strategy to tackle any socie-economic crisis.

     

     

    Crack Prelims 2023! Talk to our Rankers

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • Intra-national COP: An innovative approach of cooperation

    national

    Context

    • India revised its target to reduce the carbon intensity of its GDP to 45 percent by 2030, more ambitious than the earlier target of 34 percent. These National carbon emission targets were globally appreciated and have further strengthened its leadership position in climate action.

    Crack Prelims 2023! Talk to our Rankers

    Spirit of cooperative federalism is needed to achieve this target

    • In order to effectively address climate change, India needs to involve all of its states and Union Territories. During recent climate summits, the states and UTs have not been active participants.
    • A new approach to cooperation between states and UTs on climate action is needed, similar to the cooperation used in the implementation of the Goods and Services Tax (GST). This will lead to better results in public sector actions to tackle climate change.

    Role of states

    • Power of States and UTs: Provisions in the Constitution of India, legislations of the Parliament, executive orders, and judicial decisions enable states/UTs to have a substantial influence on matters pertaining to land, electricity, mobility, labour, pollution control, skill building, law and order, financial incentives for commercial activities, etc.
    • Role of States and UTs in Policy Implementation: States/UTs can become prime movers in the last mile through interventions in policy, regulation, and project implementation.
    • Potential of India’s Cooperative Federalism: During the ongoing winter session of Parliament, the Prime Minister of India also emphasised the potential of India’s cooperative federalism in becoming ‘a torch bearer of the world’ in achieving Sustainable Development Goals (SDGs) while addressing its Rajya Sabha.

    How India’s model of ‘Intranational COP’ will work?

    • Utilizing GST council model for climate action: Climate action is a unifying theme, and creating a forum similar to the Goods and Services Taxes (GST) council, which created successful engagement models during the pan-India roll-out of GST, can be helpful.
    • Facilitating cross-party dialogue: This intra-country group, Intranational COP, can offer opportunities for sharing a stage across parties in a neutral setting where outcome-oriented conversations can take place.
    • Promoting cooperative and competitive federalism for Net Zero: It can kindle the friendly spirit of cooperative and competitive federalism with each state/UT committing to bolder actions towards net zero.
    • Measuring stakeholder performance through consensus building: It can potentially introduce new evaluation parameters for measuring the performance of stakeholders based on their ability to build consensus across boundaries while keeping aside their myopic and constricted vote-bank-centered politics.
    • Learning and Leveraging Best Practices: Climate change is a new and dynamic topic for all stakeholders. It is an equaliser where no state/UT has any inherent advantageous positions. States/UTs can learn best practices from each other to implement, achieve, and measure the outcomes of their actions.

    Electricity distribution: A case of cooperation

    • Today, though a project is conceived, financed, and implemented by central agencies, site-specific mobilisation of resources requires the active cooperation of the states/UTs.
    • An important case in point can be electricity distribution, where states can exponentially augment India’s clean energy ambitions.
    • Furthermore, they can directly support municipal corporations/village panchayats in innovating customised approaches for faster and inclusive adoption of national climate goals in line with the socioeconomic and cultural sensitivities of the region.

    ‘Intranational COP’ for common but differentiated responsibilities

    • Forum for addressing Climate Change within India: It is well-established that some parts of India are economically more developed as compared to others. This translates to the fact that the relatively more prosperous regions contribute more to India’s carbon emissions. Such states are better positioned to initially invest in expensive low-carbon technologies and disseminate them to achieve economies of scale.
    • Addressing Regional Imbalances in Carbon Emissions: IndiaCOP can can unleash creative mechanisms to offset regional imbalances while respecting local cultural sensitivities.
    • Platform for States/UTs to Forge Mutual Cooperation Agreements: It can provide a platform for states/UTs to forge MOUs that complement each other’s strengths while filling up the gaps in technical/financial/people resources. For e.g., small hilly states have good hydroelectric power potential, but they may lack financial wherewithal; states like Rajasthan have good solar energy potential but currently lack sufficient trained manpower, etc.

    Way ahead

    • Intranational COP can be a dedicated flagship platform to thrash out a national consensus on India’s climate goals and the means to achieve them. For example, the Finance Commission can play a role in allocating capital based on the climate actions and needs of states.
    • The mechanisms of climate funding and allocation, led by the Finance Commission, can be debated and agreed upon on this platform. Such a consensus will enjoy double legitimacy as it is arrived at collectively by the union and state/UT governments.

    Conclusion

    • The success of India’s model of “Intra-national COP” can become a template for federal nations across the world to engage with provincial/local governments with diverse socio-political and economic challenges. It can score a big win in promoting India’s soft power, especially as it takes on the presidency of the G20.

    Mains question

    Q. During recent climate summits, the states and UTs have not been active participants. In this backdrop how India’s model of Intra-national COP will be helpful?

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • Police conference: Highlighting the Challenges and solutions

    conference

    Context

    • A conference of the Directors General of Police of all the states and union territories is being held in Delhi from January 20 to 22. The Prime Minister will be attending all the sessions of the three-day conference.

    Crack Prelims 2023! Talk to our Rankers

    All you need to know about the Conference

    • This conference of the Directors General of Police is an annual feature.
    • It is organised by the Intelligence Bureau and its deliberations are presided over by the Director, IB, who is considered primus inter pares among the senior-most police officers of the country.
    • This year’s conference, according to media reports, will be discussing emerging trends in militancy and hybrid militancy in Jammu and Kashmir, counter-terrorism, cryptocurrency, drug trafficking, radicalisation and other important matters.

    What is missing in the agenda?

    • Problems at grass root are rarely discussed: The agenda, year after year, reflects the security-related problems of the country at the macro level. So far so good. But the grass roots problems are seldom taken up or deliberated upon.
    • Dismal picture of Police stations: The strength of a chain, as they say, is determined by its weakest link, and the weakest link today is the police station. Leaving aside the model police stations and some in the metro cities, the average police station presents a dismal picture dilapidated building, case property like motorcycles and cars littered all over the compound, no reception room, filthy lockup, and so on.
    • Overburdened staff: The staff, overworked and fatigued, is generally unresponsive, if not rude.
    • Available resources are limited resources: They may not have access to vehicles or have run out of fuel as per the allotted quota.
    • Political influence: Even if you are able to speak with a responsible sub-inspector, they may be pressured by politicians to change their actions.

    For instance: The data according to the Status of Policing in India Report 2019

    • Shortage of personnel: According to the report, police in India work at 77% of their sanctioned strength and these personnel work for 14 hours a day on average.
    • Lack of equipment and technology: There are 70 police stations which have no wireless, 214 police stations that have no telephone and 240 police stations that have no vehicles.
    • Poor housing and training facilities: Housing facilities for police are unsatisfactory. Training of personnel is inadequate, the training institutions have not kept pace with the changing paradigm on the law or crime front and are manned generally by unwanted, demotivated officers.
    • Technology gap: Technology support leaves much to be desired; the criminals are, in fact, way ahead of the police.

    Hard fact and the concerns over the police duties in India

    • Police Officer’s Duties and Expectations: The demanding role and expectations of police officers as first responders to any crime, 24/7 duty and assisting other departments with their duties. The public has no obligation to assist police officers. For instance, ASI was stabbed to death in Delhi, bystanders were just standing and watching the scene.
    • High death toll among Police Personnel: It is estimated that 36,044 police personnel have died in the performance of their duties since India’s independence. It is pointed out that the corresponding figure for all the countries of Europe taken together is much less.
    • Duties to become more challenging in future: It is acknowledged that police duties in India are tougher than in any other part of the world, and that these duties are likely to become even more challenging in the future, with the rise of new forms of crime such as terrorist crimes, cybercrimes, drug trafficking, and cryptocurrency.

    What improvements are suggested?

    1. The Need to Prioritize Basic Matters: It is important to prioritize basic police matters and ensure that they are effectively dealt with. Once the police station is able to inspire confidence among the people, many other issues will fall into place.
    2. Division of Conference into Two Parts: The format of police conferences should be changed by dividing it into two parts – one dealing with intelligence matters and the other dealing with crime and law and order issues.
    3. Roles of DBI and CBI: It is proposed that the Director of Intelligence Bureau (DIB) preside over the intelligence-related matters, and the Director of Central Bureau of Investigation (CBI) assisted by a senior-most Director General of a state police nominated by the Ministry of Home Affairs should conduct the proceedings of the conference dealing with crime and law and order matters.
    4. Need for Specialized Treatment of Crime: the crime is becoming increasingly complex and requires specialized treatment, and that this bifurcation is necessary in order to effectively address the different aspects of crime.

    Do you know the concept of SMART police?

    • The Prime Minister Narendra Modi introduced the concept of SMART Police.
    • SMART stands for: S: Strict but sensitive, M: Modern and mobile, A: Alert and accountable, R: Reliable and responsive, and  T: Trained and tech-savvy.
    • It also aims to make the police more responsive to the needs of the people, and to address issues of police brutality, corruption, and lack of accountability to citizens.

    Conclusion

    • The Prime Minister’s concept of SMART Police, which aims to create a force that is strict and sensitive, modern and mobile, alert and accountable, reliable and responsive, techno-savvy and trained, has the potential to bring about a significant change in the working of the police and a new era for the people of the country. It’s important for the conference to review the progress made in implementing this transformation in the police and work towards achieving these objectives to bring about a much-needed change in the police force.

    Mains question

    Q. What are the major challenges faced by the Indian police force? Discuss improvements suggested to address them?

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • PM greets people on Statehood day of Tripura, Manipur, Meghalaya

    state

    Prime Minister has greeted people of three northeast states- Tripura, Manipur and Meghalaya on their Statehood Day.

    What is the news?

    • Today marks the 51st anniversary of the formation of the states, which were created on this day in 1972.
    • While Manipur and Tripura were princely states which were absorbed into India in October 1949, Meghalaya, on the other hand, was part of Assam.
    • The states came into being the North-Eastern Areas (Reorganisation) Act, 1971, enacted on December 30 that year.

    Quick backgrounder

    • These states attained statehood under the North Eastern Region (Reorganization) Act of 1971.
    • The NE composition consisted of Assam plains from the old Assam Province, the hill districts, and the North Eastern Frontier Tracts (NEFT) of the North-Eastern borderland.
    • Later on the NE region was turned into seven sisters with the statehood of Manipur, Tripura, Meghalaya, Assam, Mizoram, Arunachal Pradesh, and Nagaland.

    [1] Meghalaya

    • Apart from accounts of the more essential Khasi kingdoms in the chronicles of the neighbouring Ahoms and Kacharis, little is known of Meghalaya prior to the British rule.
    • However, in the early 19th century, the British desire to build a road through the region to link Bengal and Assam led to a treaty with the ruler (Syiem) of the Khasi principality of Nonkhlaw.
    • In 1829, opponents of the treaty persuaded the Syiem to repudiate it, and a subsequent attack on Britishers led inevitably to its military operations against the Khasis.
    • By the mid-1830s, most local rulers had submitted to the British.
    • For the next century, the British exercised its political control over the area, then known as the Garrows and Cossiya (Khasi) States, but the tribals who were left to fend themselves managed to preserve their traditional culture in seclusion.

    Integration into India

    • In 1947, the rulers of the region acceded to the newly independent India.
    • The first PM Nehru evolved a policy to preserve and protect the culture of the tribal people.
    • The region was given special protection in the Indian constitution along with other tribal areas, and it retained a great deal of autonomy.
    • In 1960, when Assamese became the state’s official language, agitation for autonomy and self-rule gathered strength.
    • Unlike many other hill regions in north-eastern India, this movement was largely peaceful and constitutional.
    • In 1970, Meghalaya became an autonomous state within Assam and achieved full statehood on January 21, 1972.

    [2] Manipur

    • Over 500 princely states had negotiated their accession to the Indian union before independence.
    • According to News Nine, the rulers of these states signed a document called the ‘Instrument of Accession’.
    • On August 11, 1947, Bodhachandra Singh, then Maharaja of Manipur, signed the document. He had been assured that the autonomy of Manipur would be maintained.
    • Elections were held in Manipur in June 1948, but its legislative assembly had differences of opinion on the merger.
    • However, the Maharaja signed a Merger Agreement with India in September 1949.

    [3] Tripura

    • Maharajas of the Manikya dynasty ruled the former princely state of Tripura.
    • It was an independent administrative unit under the Maharaja even during British rule in India.
    • However, according to Tripura State Portal, this independence was qualified, subject to the Britishers’ recognition, as the paramount power of each successive ruler.
    • As per Rajmala, in the royal chronology of Tripura, around 184 kings ruled over the state before it merged with the Indian Union on October 15, 1949.
    • Since then, the history of Tripura has been interspersed with various political, economic and social developments.

    Attainment of full statehood

    • On January 26, 1950, Tripura was accorded the status of a ‘C’ category state, and on November 1, 1956, it was recognized as a Union Territory.
    • With its people’s sustained efforts and struggle, it gained full statehood on January 21, 1972, as per the North-East Reorganisation Act, 1971.
    • Its democratic set-up further stretched to the village level in 1978 with an election to the local bodies that ultimately culminated in introducing a three-tier Panchayati Raj System.

     

    Crack Prelims 2023! Talk to our Rankers

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • What are Hakku Patras or Title Deeds?

    hakku patra

    PM has distributed Hakku Patra (land title deeds) to five Lambani (Banjara) tribes, a nomadic Scheduled Caste group, during a launch programme in Karnataka.

    What are Hakku Patras?

    • A title deed is a property ownership document, and the bearer of the document owns the land.
    • The title deeds enable owners to avail of bank loans with the said document.
    • They will also be eligible to buy or sell land to which the title deed is granted by the government.
    • This Hakku Patra will secure the future of thousands of people living in the “Tandas” (Lambani habitats) in Kalaburagi, Bidar, Yadgiri, Raichur and Vijayapura districts.

    Benefits of Hakku Patra 

    Hakku Patra, like every legal property document, offers a great set of benefits.

    • It makes one the legitimate owner of your land or property by giving an up-to-date and official record of who owns the land.
    • The individual does not have to research as the government issues the document.
    • It is a state-guaranteed document.
    • Hakku Patra registration resolves all types of disputes regarding the ownership or rights over the land.
    • The document helps in preventing any encroachment via trespassing on the boundaries.

    Who are the Banjaras?

    • The Banjara, also known as Lambadi, Gour Rajput, Labana, are a historically nomadic trading caste who may have origins in the Mewar region of what is now Rajasthan.
    • According to the National Informatics Centre, the name Banjara /Banjari probably had come from two different sources: ‘Banijya’ – trade or ‘Banachara’, the forest dwellers.
    • Their principal group’s name Laban/Labana is derived from the Sanskrit word lavanah, meaning salt as they were salt traders.
    • Although considered a tribal group given the life they lead, the Banjaras are a key scheduled caste sub-group in Karnataka.
    • Despite the community adopting a multitude of languages, Banjara is used throughout India, although in Karnataka the name is altered to Banijagaru.

    Questions of a political move 

    • The Scheduled Castes and Scheduled Tribes together make up nearly 24 per cent of the state population, becoming an important group for political parties.
    • The expenses incurred for the programme were funded by the state exchequer.

     

    Crack Prelims 2023! Talk to our Rankers

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • Indo-pacific and the New Eurasia

    pacific

    Context

    • Japan, which invented the contemporary geopolitical idea of the Indo-Pacific, is now well on its way to changing the way we think about the relationship between Asia and Europe. In his swing through Europe last week, Prime Minister Fumio Kishida’s message was simple, the security of Europe and the Indo-Pacific is indivisible.

    Crack Prelims 2023! Talk to our Rankers

    How Japan shaped the idea of Indo-pacific?

    • Japan is not alone for Indo-pacific anymore: Building on the ideas of his predecessor, the late Shinzo Abe, Kishida is determined to build strong military partnerships with Europe. Together Japan, South Korea and Australia are bridging the divide between Asia and Europe long seen as separate geopolitical theatres.
    • South Korea raising profile in Europe: South Korea, which does not always see eye to eye with Japan, is also joining the party by raising its profile in Europe. for example, Seoul, is selling major weapons platforms in Poland.
    • Australia eager to bring Europe in Indo pacific: Australia, which has joined the US and UK in the AUKUS arrangement, is equally eager to bring Europe into the Indo-Pacific.
    • Accelerated by Ukraine war: This process has been accelerated by Russia’s war in Ukraine and the alliance between Moscow and Beijing.

    The idea of Eurasia

    • Many used it as a neutral term: The idea of Eurasia is not new, many used it as a neutral term to describe the vast landmass that connected Europe and Asia.
    • Separate political spheres: Despite continental continuity, Europe and Asia emerged as separate political and cultural spheres over the millennia.
    • Russia as European and Asian: Russia, which straddles this space, saw itself as both a European and Asian power but had trouble becoming a part of either. When post-Soviet Russia’s effort to integrate with the West soured in the 2000s, it developed Eurasia and Greater Eurasia as new geopolitical constructs.
    • Putin’s Eurasian strategy: Consolidating the former Soviet space, restoring influence in Central Europe, building a strong alliance with China, and limiting Western influence in the continental heartland became part of Putin’s Eurasian strategy.

    China-Russia alliance

    • Altering geopolitical dynamics: Well before Kishida and South Korean President Yoon Suk-yeol turned to Europe, it was Xi Jinping and Vladimir Putin who altered the geopolitical dynamic in Eurasia.
    • Alliance without limits: Days before he ordered his armies into Ukraine, Putin travelled to Beijing last February to sign an agreement declaring an alliance without limits and no forbidden areas.
    • China’s tilt towards Russia: China, which had made a largely successful effort to cultivate Europe since the 1990s, deliberately avoided taking sides in Europe’s conflicts with Russia. But on the eve of the Ukraine war, Xi chose to tilt towards Moscow by blaming NATO for the crisis in Ukraine.
    • New kind of Eurasian alliance: Together, Putin and Xi unveiled a Eurasian alliance that they might have hoped would deliver the long-awaited coup de grace to the global hegemony of the West. What it did instead was to not only strengthen the Western alliance in Europe but also provide the basis for a new kind of Eurasia an alliance between China’s East Asian neighbours and Russia’s West European neighbours.

    What are the Challenges for India?

    • For India, the rise of Eurasia is making it harder to ride on two boats at the same time: Until now, India could easily hunt with the maritime coalition the Quad in the Indo-Pacific and run at the same time with the continental coalitions led by Russia and China.
    • US Europe and Japan on the one hand and China, Russia on the other: The conflict between the US, Europe, and Japan on the one hand and China and Russia on the other is now acute and shows no signs of immediate amelioration.
    • India’s security challenge on Himalayan frontier: On the downside, then, India’s mounting security challenges from China on the Himalayan frontier and the tightening embrace between Moscow and Beijing will mean the shadow over India’s continental strategy will become darker in the days ahead.
    • Strategic capabilities in partnership: On the upside, the possibilities for strengthening India’s strategic capabilities in partnership with the US and Europe as well as Japan, South Korea and Australia have never been stronger.

    Opportunities for India may include

    • Economic cooperation: Increased economic cooperation and trade between India and countries in Europe and Asia
    • India’s larger role in global affairs: The potential for India to play a larger role in regional and global affairs as a result of increased connectivity and cooperation
    • To address security concerns in Indo-Pacific: Opportunities for India to strengthen its ties with Japan and other countries in the region to address security concerns in the Indo-Pacific

    Conclusion

    • Japan’s strategy of promoting greater connectivity and cooperation between Europe and Asia could present both opportunities and challenges for India in terms of economic cooperation and geopolitical influence. India will have to carefully navigate and balance its relationships with various countries and groups in the region to maximize the opportunities and minimize the challenges.

    Mains question

    Q. Japan is now well on its way to changing the way we think about the relationship between Asia and Europe. In this backdrop discuss opportunities and challenges for India.

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • Disclosure of Journalistic Sources by Press

    press

    While rejecting a closure report filed by the CBI, a Delhi court said there is “no statutory exemption in India to journalists from disclosing their sources to investigating agencies”.

    What is the news?

    • The CBI had sought to close its investigation on how certain news channels and a newspaper had aired and published reports related to a disproportionate assets case against a leader.
    • It had argued that the “documents used by the news channel were forged” but it could not be established who forged the documents.
    • This certainly amounts to creation of fake news.

    Legal protection for disclosure of Journalistic Sources

    Ans. Freedom of Speech and Expression under Article 19

    • In India, there is no specific legislation that protects journalists from being asked to disclose their sources.
    • Article 19 of the Constitution guarantees the right to freedom of speech and expression to all citizens.
    • Investigative agencies can issue notice to anyone, including journalists, to provide information.
    • Like any citizen, a journalist can be compelled to give evidence in Court.
    • If she does not comply, the journalist can face charges of Contempt of Court.

    Freedom of Press

    • The fundamental right to freedom of speech and expression under Article 19 includes press freedom.
    • This covers an entire process from newsgathering, editorial judgement, publication and distribution of printed matter.
    • Press freedom covers all four stages.

     What have courts said on this issue?

    • While the Supreme Court broadly recognises the freedom of the press, including the right of journalists to ensure the protection of their sources, various courts have ruled differently on this issue.
    • In the Pegasus spyware case (2021), the Court underlined that the protection of journalistic sources is one of the basic conditions for the freedom of the press.
    • In 2019, the Supreme Court in a review petition in the Rafale case overruled the Centre’s objections on the petitioner’s claims since they relied on purportedly “stolen” confidential documents.

    Is there any legal enforcement?

    Ans. No

    • Courts have in “public interest asked journalists to disclose their sources. In the absence of a specific law, it is often the discretion of a Court.
    • Under the Press Council of India (PCI) Act, of 1978, the Press Council has powers of a civil court to deal with complaints when a newspaper has “offended against the standards of journalistic ethics.”
    • However, the Council cannot force a newspaper, news agency, journalist, or editor to reveal their sources during the proceedings.
    • The Whistleblower Protection Act, 2014 offers protection to people disclosing acts of corruption, wilful misuse of power, or criminal offences by public servants, in public interest.

    Recommendations for a change in law

    Ans. Recognition under Indian Evidence Act

    • The Law Commission of India in its 93rd Report in 1983 recommended recognising journalistic privilege by amending the Indian Evidence Act.
    • In its 185th report on the amendments to the Evidence Act, the Law Commission again suggested this amendment.

    Position in other countries

    • United Kingdom: The Contempt of Courts Act 1981 creates a presumption in favour of journalists who want to protect the identity of their sources. However, that right is subject to certain conditions in the “interest of justice”.
    • United States: Although the First Amendment guaranteeing free speech in the United States specifically mentions the press, the Supreme Court has held that journalists do not have the right to refuse to testify in a federal grand jury proceeding and disclose sources.
    • Sweden: The Freedom of the Press Act in Sweden is a broad protection of rights of journalists and even extends to state and municipal employees who might share information with journalists freely. In fact, a journalist who reveals his or her source without consent may be prosecuted at the behest of the source.
    • France and Germany: Journalists can refuse to disclose sources in an investigation.

    Need for non-disclosure

    • Debated issue: The right of journalists to use and protect confidential sources is a debated topic.
    • Vitality of larger public interest: Many journalists say that confidential sources are an essential tool in the search to uncover information of great public interest.
    • Prevent oppression: It is a reporter’s need and duty to protect the identity of the source of his information or else vital information of concern to the people in a democracy would be suppressed.

    Why are we discussing this?

    • Media malpractices are on rise: When the public interest is compelling and the disclosure outweighs the public interest then the sources can be revealed.
    • Serious allegations and media trial: The court can also require disclosure of the source of the news relates to a public office or public official and serious allegations have been made against him.
    • Defamation by media: Also if there is a defamatory article against a person then the Court may compel the journalist to reveal his source.

    Why media needs protection for sources?

    Where source protection is compromised, the impacts can include:

    • Pre-publication exposure of journalistic investigations may trigger cover-ups, intimidation, or destruction of information,
    • Revelation of sources’ identities has legal or extra-legal repercussions,
    • Sources of information running dry,
    • Self-censorship by journalists and citizens.

    Conclusion

    • Indian law on source disclosure is limited and has mostly been determined by courts on a case-by-case basis.

     

    Crack Prelims 2023! Talk to our Rankers

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • Assessing the Learning of the School Children

    Context

    • The Covid pandemic had caused schools to shut down in March 2020, and India had one of the longest school closures in the world primary schools were closed for almost two years. The impact of the pandemic on the education sector was feared to be twofold learning loss associated with long school closures, and higher dropout rates, especially among older children, due to squeezed family budgets.

    Crack Prelims 2023! Talk to our Rankers

    ASER survey during the pandemic

    • Assessing the learning losses: Estimates from these three state-level surveys could be used to understand the extent of children’s learning losses. These state level estimates are extremely useful as they are the only ASER estimates of learning we have between 2018 and 2022.
    • Rising learning level pre-pandemic: For the country as a whole, learning levels had been rising slowly between 2014 and 2018, after being stagnant for several years. For example, at the all-India level, the proportion of children in Class III who could read a Class II level text (a proxy for grade-level reading) had risen from 23.6 per cent in 2014 to 27.2 per cent in 2018.
    • Big fall during pandemic: ASER 2022 shows a big drop in this proportion to 20.5 per cent. This 7-percentage point fall is huge, given how slowly the all-India numbers move and confirms fears of large learning losses caused by the pandemic.
    • Higher losses in math: In math also, learning levels had risen slowly between 2014 and 2018. The 2022 estimates show a drop here as well although much smaller than in the case of reading.

    Case study of three states- Karnataka Chhattisgarh and West Bengal

    • Assess learning levels in three states: Karnataka, Chhattisgarh and West Bengal in 2021, when schools were still closed or had just reopened. While these are not national estimates, they provide an interim measurement that is more reflective of pandemic-induced learning losses than the estimates for 2022.
    • Reading and math losses: Across all three states, there were large learning losses in both reading and math in 2021 in excess of 7 percentage points, except in the case of Std V in West Bengal. The loss in reading is a little higher, though not by much.
    • Learning losses was much below 2014 levels: In both reading and math, the 2021 learning levels in these three states fell below their 2014 levels. A year later, ASER 2022 data shows that across all three states, there has been a recovery in both reading and math (except Karnataka in reading and West Bengal in reading in Std V) after schools reopened in 2021-22.
    • Recovery still below pandemic: In other words, while the 2022 learning levels were still below or in some cases close to the 2018 levels, comparing 2018 with 2022 hides the dramatic fall in learning levels observed between these two points and the subsequent recovery that has happened in the last year.

     Impact of New Education Policy

    • Focus on foundational competency: Another big development during 2020-21 was the introduction of the new National Education Policy (NEP) in 2020. For the first time, there was a big focus on the early years and the importance of foundational competencies.
    • Foundational Literacy and Numeracy (FLN): Once schools reopened, states moved quickly and almost all states have made a major push in the area of Foundational Literacy and Numeracy (FLN) under the NIPUN Bharat mission (National Initiative for Proficiency in Reading with Understanding and Numeracy). This push is reflected in the ASER 2022 data.
    • Directive for NEP Implementation: As part of the survey, ASER field investigators visited one government school in each of the sampled village to record enrolment, attendance and school facilities. This year we also asked whether schools had received any directive from the government to implement FLN activities in the school and whether teachers had been trained on FLN. At the all-India level, 81 per cent schools responded that they had received such a directive and 83 per cent said that at least one teacher in the school had been trained on FLN.

    Recovery of learning losses

    • Partial recovery in some states: Extrapolating from the experience of the three states for which we have 2021 data, we can assume that other states also experienced large learning losses during the pandemic. However, once schools reopened, states made a concerted effort to build or re-build foundational competencies, which has resulted in a partial and in some cases, a full recovery.
    • Earliest open, recovered faster: The extent of the recovery varies across states depending on how long their schools were closed as well as when they initiated learning recovery measures. For instance, Chhattisgarh was one of the earliest states to reopen their primary schools in July 2021, giving them a longer period to work with children, as compared to, for instance, Himachal Pradesh or Maharashtra, where schools reopened much later.
    • Remarkable recovery by Chhattisgarh: Taking into account the 2021 figures, the 2022 estimates for Chhattisgarh point to a remarkable recovery, in both reading and math, that is hidden if we just compare 2022 with 2018.
    • Lack of data for many states: In the absence of a 2021 measurement for other states, it is difficult to say what the original pandemic-induced learning loss was from which states are aiming to recover.

    Conclusion

    • As per the ASER survey learning losses of the student have been recovered quickly than expected. NEP looks very promising for better learning outcomes for children and college students. Every state and union territory should implement the NEP in its entirety.

    Mains Question

    Q. Analyze the learning outcomes and recovery of children based on ASER survey. What is impact of NEP on recovery of learning outcome after pandemic?

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more

  • Much Needed Amendments in WHO

    Context

    • India has proposed several amendments to the International Health Regulations (IHR) that take into account the socio-economic development of states, promote One Health, among other things.

    Crack Prelims 2023! Talk to our Rankers

    What are the amendments proposed by India?

    • International Health Regulations: The country advocated implementing IHR to be in accordance with (the) common but differentiated responsibilities of the States Parties, taking into consideration their social and economic development.
    • Assessing human+ animal health: It also recommended assessing human health in congruence with animal and environment health to promote One Health.
    • Public health alert: India also sought a provision for an intermediate public health alert in the event where an outbreak doesn’t yet meet the criteria for a public health emergency of international concern but requires timely mitigating measures.

    Impact of COVID 19 on proposed amendments

    • Equitable access demand: Drawing on the learnings from the COVID-19 pandemic, India argues for “equitable access to medical countermeasures.”
    • Accountability of WHO: India also sought greater accountability from the World Health Organization (WHO) in how the IHR is implemented and whether Member States are complying.
    • Reporting to WHA: It proposed the Director-General report all activities under the IHR to the World Health Assembly (WHA), particular instances when Member States did not share information.

    Support from other countries

    • Some developed and developing countries: Other countries which made submissions included Armenia, Brazil, Bangladesh, Indonesia, Malaysia, Namibia, New Zealand, Russia and Switzerland, among others.
    • Support from Arica: Eswatini also made suggestions to the IHR amendments on behalf of the WHO Africa Region.
    • Other issues are also raised: It included issues surrounding intellectual property, licensing, transfer of technology and know-how for diversification of production.

    What is the common demand from developing countries?

    • Equitable access to health: Equity has emerged as the common focal point in demands made by developing countries. Equitable access to the health products, international financing mechanisms, strengthening health systems, access and benefit sharing mechanisms and tailoring responsibilities based on a country’s capacity are some of the key features.
    • Similar demand by executive board: The WHO’s executive board, in its sixth meeting last January, had noted that IHR amendment “should be limited in scope and address specific and clearly identified issues, challenges, including equity,
    • Universal protection from disease: Other demands include, technological or other developments, or gaps that could not effectively be addressed otherwise but are critical to supporting effective implementation and compliance of the International Health Regulations (2005), and their universal application for the protection of all people of the world from the international spread of disease in an equitable manner”.

    What are the opposition from developed countries?

    • Equity only for pandemic: Amendments proposed by developed countries seem to evade the equity demand. The European Union’s policy, for instance, noted equity principles should only be applicable for pandemic-scale health emergencies.
    • Non-pandemic health emergency doesn’t need equity: This terminology, in effect, excludes health emergencies that are not officially declared a pandemic. The argument being that outbreaks at the scale of COVID-19 occur occasionally.
    • Pandemic specific capacities cannot be generalized: Capacities developed solely for pandemic response cannot therefore be put in use regularly and this will further result in the deterioration of the capacities as well.

    Conclusion

    • As per the current suggestions, the new regulations should make developed countries and WHO more responsible towards developing countries, put in place stricter mandates, swift action and regular implementation review by WHO.

    Mains Question

    Q. What are the amendments suggested by India for WHO? Why there is opposition from developed countries for demand of equity by developing countries?

    (Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more