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GS Paper: GS2

  • India-Australia sign Economic Cooperation and Trade Agreement (ECTA)

    India and Australia signed an Economic Cooperation and Trade Agreement (ECTA) in the presence of PM Narendra Modi and his counterpart in Canberra Scott Morrison.

    India-Australia ECTA

    • It is the first trade agreement of India with a developed country after more than a decade.
    • The Agreement encompasses cooperation across the entire gamut of bilateral economic and commercial relations between the two friendly countries.
    • It covers areas like Trade in Goods, Rules of Origin, Trade in Services, Technical Barriers to Trade (TBT), Sanitary and Phytosanitary (SPS) measures, Dispute Settlement, Movement of Natural Persons, Telecom, Customs Procedures, Pharmaceutical products, and Cooperation in other Areas.
    • Eight subject specific side letters covering various aspects of bilateral economic cooperation were also concluded as part of the Agreement.

    Background of the ECTA

    • The negotiations for India-Australia ECTA were formally re-launched on 30 September 2021 and concluded on a fast-track basis by the end of March 2022.
    • India and Australia enjoy excellent bilateral relations that have undergone transformative evolution in recent years, developing along a positive track, into a friendly partnership.
    • Growing India-Australia economic and commercial relations contribute to the stability and strength of a
    • Australia is the 17th largest trading partner of India and India is Australia’s 9th largest trading partner.

    Features of the agreement

    • The ECTA between India and Australia covers almost all the tariff lines dealt in by India and Australia respectively.
    • India will benefit from preferential market access provided by Australia on 100% of its tariff lines.
    • This includes all the labour-intensive sectors of export interest to India such as Gems and Jewellery, Textiles, leather, footwear, furniture, food, and agricultural products, engineering products, medical devices, and Automobiles.
    • India will be offering preferential access to Australia on over 70% of its tariff lines, including lines of export interest to Australia which are primarily raw materials and intermediaries such as coal, mineral ores and wines etc.
    • As regards trade in services, Australia has offered wide ranging commitments in around 135 sub sectors and Most Favoured Nation (MFN) in 120 sub sectors which cover key areas of India’s interest like IT, ITES, Business services, Health, Education, and Audio visual.
    • Both sides have also agreed to a separate Annex on Pharmaceutical products under this agreement, which will enable fast track approval for patented, generic and biosimilar medicines.

    Way ahead

    • The India-Australia ECTA will further cement the already deep, close and strategic relations between the two countries.
    • It will significantly enhance bilateral trade in goods and services, create new employment opportunities, raise living standards, and improve the general welfare of the peoples of the two countries.

     

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  • Explained: The ‘Chandigarh Question’

    The newly elected Punjab Legislative Assembly passed a resolution, moved by the Chief Minister himself, on April 1 in a special session seeking the transfer of Chandigarh to Punjab.

    With this, the ‘Chandigarh question’ has resurfaced, but this time it occupies the national spotlight.

    Establishment of Chandigarh

    • Chandigarh is described as a ‘planned city’ emblematic of ‘Nehruvian modernity’.
    • It is a greenfield city, which was commissioned by the government in independent India to replace Lahore, which went to Pakistan after Partition, as the capital of Punjab.
    • Designed by Le Corbusier in association with Pierre Jeanneret, it is located on the foothills of the Shivalik Himalayas on village land acquired from what was then the Kharar tehsil of Ambala district.
    • It was the capital of undivided Punjab from its inauguration in 1953 till 1966.

    Bifurcation of Punjab and Common Capital

    • Under the Punjab Reorganisation Act, 1966 following the Punjabi Suba movement, Haryana was carved out of the Hindi-speaking regions as a separate State.
    • The hill regions of Punjab were merged with what was then the Union Territory (UT) of Himachal Pradesh.
    • Chandigarh was made a UT and has remained the joint capital of Haryana and Punjab with State assets divided between Punjab and Haryana in a ratio of 60:40.

    What is the Chandigarh issue?

    • Since 1966, the lack of full rights to its capital has remained a vexed issue in Punjab politics.
    • All the governments and most political parties of Punjab have regularly raised the demand for Chandigarh.
    • It has featured in all major developments, whether it is the 1973 Anandpur Sahib resolution, Dharam Yudh Morcha (then separatist movement) and the 1985 Rajiv-Longowal Accord.
    • Since 1966, the Punjab Assembly has passed at least six such resolutions with the last being in 2014 under the Shiromani Akali Dal-Bharatiya Janata Party (SAD-BJP) government.
    • The Centres’ opposition to the latest Assembly resolution is the first time a political party has taken a contrarian stand.

    What is different this time?

    • The immediate provocation this time has been two recent decisions of the Central government: breaking allies with erstwhile govt and withdrawal of farm laws.
    • The Centre also amended the rules governing the functioning of the Bhakra Beas Management Board (BBMB), constituted under the 1966 Act.
    • It changed the eligibility criteria for the two full-time members of the Board which have, though technically open to all Indian officials, by convention gone to officials from Punjab and Haryana.
    • These moves are widely interpreted as a continuation of the Centre’s contentious relationship with the other political parties.
    • It gives an affront blow to Punjab’s claim over Chandigarh.

    What has been the position of the Union government on the city?

    • At the time of the 1966 Act, the Union government with Indira Gandhi as Prime Minister indicated that the UT status to Chandigarh was temporary and that it would be transferred to Punjab.
    • This decision was formalised in 1970 with Mrs Gandhi promising Haryana funds for building its own capital.
    • According to the 1985 Rajiv-Longowal Accord, Chandigarh was to be handed over to Punjab on January 26, 1986 but this never fructified after the assassination of Longowal and the long period of militancy.
    • The recent developments could thus indicate a shift in the Central government’s position.

    What about Haryana?

    • As in Punjab, all parties in Haryana present a common position asserting its claim to the city.
    • It has objected to any move which associates Chandigarh solely with Punjab.

    Is there a distinctive Chandigarh position?

    • Employees and unions of the Chandigarh administration have mostly welcomed the change in service rules since the Central provisions carry more benefits and perks.
    • After decades of existence as a UT, Chandigarh has developed a distinctive cultural character.
    • Given its geographical location it has the presence of many educational institutions, medical establishments and the Army and Air Force.
    • It has developed a unique cosmopolitanism and become a magnet for the youth across the north western region.
    • They city residents thus favour the status quo.

    Way forward

    • While this time the issue has attracted more attention than usual.
    • Its Punjab mandate indicates massive expectations from the electorate including better service conditions from government employees but it has inherited a debt-ridden government.
    • The new govt will have to balance these contending claims in deciding further action.

     

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  • State of Emergency in Sri Lanka

    A day after angry mob converged in front of President Gotabaya Rajapaksa’s Colombo residence, demanding he step down immediately, he declared a state of Emergency in Sri Lanka.

    Sri Lankan Crisis: A backgrounder

    • Sri Lanka’s economic crisis can be traced to two key developments— the Easter Sunday bombings of 2019 that deterred tourists, and the pandemic since early 2020.
    • These events stalled recovery and further drained the economy.
    • As it grappled with an unprecedented challenge, the Rajapaksa regime made policy choices that are now proving to be costly.
    • It cut the government’s tax revenue substantially and rushed into an ‘organic only’ agricultural policy that will likely slash this year’s harvest by half.
    • The weak and debt-ridden economy with the lingering strain of the pandemic, and ill-advised policies accelerated the downward spiral.

    What were the economic indicators?

    • COVID-19 hit Sri Lanka’s key foreign revenue earning sectors hard.
    • Earnings from tourism, exports, and worker remittances fell sharply in the last two years.
    • But the country could not stop importing essentials, and its dollar account began dwindling.
    • Fast draining foreign reserves, a glaring trade deficit, and a related Balance of Payments problem came as crucial signals.
    • Colombo’s huge foreign loan obligations and the drop in domestic production compounded the economic strain.

    When did things begin to worsen?

    • The long-simmering crisis made its first big announcement during last August’s food emergency, when supplies were badly affected.
    • It was soon followed by fears of a sovereign default in late 2021, which Sri Lanka averted.
    • But without enough dollars to pay for the country’s high import bill, the island continued facing severe shortage of essentials — from fuel, cooking gas, and staple foodgrains to medicines.

    How did the crisis manifest itself on the ground?

    • Consumers could not find the most basic things such as petrol, LPG cylinders, kerosene, or milk in the market.
    • They spent hours waiting in long queues outside fuel stations or shops.
    • Supermarket shelves were either empty or had products with high price tags that most could not afford.
    • For instance, the price of one kg of milk powder, a staple item in dairy-deficient Sri Lanka, suddenly shot up to nearly LKR 2000 in March.
    • Be it cooking gas, oils, rice, pulses, vegetables, fish, meat, consumers found themselves paying substantially more, or simply had to forego the item.
    • The fuel shortage has led to long blackouts — up to 13 hours — across the island.

    What is the situation now?

    • The value of the Sri Lankan rupee has dropped to 300 against a U.S. dollar (and even more than 400 in the black market), putting importers in a difficult spot.
    • The government is unable to pay for its import shipments, forcing consignments to leave the Colombo port.
    • For the average citizen contending with COVID-induced salary cuts and job losses, the soaring living costs have brought more agony.

    How did India help mitigate the crisis?

    • India has extended $2.4 billion this year.
    • China, that is considering a fresh request from Colombo for $2.5 billion assistance, in addition to the $2.8 billion it has extended since the pandemic broke out.
    • The government has decided to negotiate an International Monetary Fund programme, while seeking support from other multilateral and bilateral sources.
    • But even with all this help, Sri Lanka can barely manage.

    How has it affected the people?

    • Sri Lankans are seething with anger, going by public demonstrations and protests.
    • They want the President to step down immediately and the ruling clan to leave the country’s helm.
    • They have been agitating in different parts of the country, including near the President’s home.
    • Former military man Gotabaya Rajapaksa, who came to power on a huge mandate in 2019, is Sri Lanka’s most unpopular leader today.
    • Following the protests near his home, Mr. Rajapaksa said “extremists” were plotting an ‘Arab Spring’ and hence he declared a state of Emergency.

    Back2Basics: Financial Emergency in India

    • The President of India can declare the Financial Emergency on the aid and advise of the Council of Ministers.
    • She/ He has to be satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.
    • Article 360 gives authority to the President of India to declare a financial emergency.
    • However, the 44th Constitutional Amendment Act of 1978 says that the President’s ‘satisfaction’ is not beyond judicial review.
    • It means the Supreme Court can review the declaration of a Financial Emergency.

    Parliamentary Approval and Duration

    • A proclamation of financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue.
    • A resolution approving the proclamation of financial emergency can be passed by either House of Parliament (Lok Sabha or Rajya Sabha) only by a simple majority.
    • Once approved by both the Houses of Parliament, the Financial Emergency continues indefinitely till it is revoked.
    • It may be revoked by the President anytime without any Parliamentary approval (but with the usual aid and advice).

    Effects of Financial Emergency

    • During the financial emergency, the executive authority of the Center expands and it can give financial orders to any state according to its own.
    • All money bills or other financial bills, that come up for the President’s consideration after being passed by the state legislature, can be reserved.
    • Salaries and allowances of all or any class of persons serving in the state can be reduced.
    • The President may issue directions for the reduction of salaries and allowances of: (i) All or any class of persons serving the Union and the judges of the Supreme Court and the High Court.

    Try this PYQ:

    Q. With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?

     

    (a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.

    (b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.

    (c) In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.

    (d) State Legislatures cannot make laws on certain matters without the concurrence of the Union Legislature.

     

    [wpdiscuz-feedback id=”b9fdxoon9b” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • BIMSTEC

    Context

    The fifth summit of the regional grouping, the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC), held virtually in Colombo on March 30, has advanced the cause of regional cooperation and integration.

    Colombo package

    • Economic challenges: Representing a fifth of the world’s population that contributes only 4% of the global GDP, can this multilateral grouping trigger accelerated economic development?
    • It was clear that BIMSTEC first needed to strengthen itself — by re-defining its purpose and rejuvenating its organs and institutions.
    • The eventual result is now seen in the package of decisions and agreements announced at the latest summit.

    Achievement of Colombo Summit

    • 1] Adoption of Charter: Adopted formally, it presents BIMSTEC as “an inter-governmental organization” with “legal personality.”
    • BIMSTEC’s purposes: Defining BIMSTEC’s purposes, it lists 11 items in the first article.
    • Among them is acceleration of “the economic growth and social progress in the Bay of Bengal region”, and promotion of “multidimensional connectivity”.
    • The grouping now views itself not as a sub-regional organisation but as a regional organisation whose destiny is linked with the area around the Bay of Bengal.
    • 2] Reduction in the sectors of cooperation: The second element is the decision to re-constitute and reduce the number of sectors of cooperation from the unwieldy 14 to a more manageable seven.
    • Each member-state will serve as a lead for a sector: trade, investment and development (Bangladesh); environment and climate change (Bhutan); security, including energy (India); agriculture and food security (Myanmar); people-to-people contacts (Nepal); science, technology and innovation (Sri Lanka), and connectivity (Thailand).
    • 3] Adoption of the Master Plan for Transport Connectivity:  the summit participants adopted the Master Plan for Transport Connectivity applicable for 2018-2028.
    •  It was devised and backed by the Asian Development Bank (ADB).
    • It lists 264 projects entailing a total investment of $126 billion.
    • Projects worth $55 billion are under implementation. BIMSTEC needs to generate additional funding and push for timely implementation of the projects.
    • 4] Signing of three new agreements: Finally, the package also includes three new agreements signed by member states, relating to mutual legal assistance in criminal matters, cooperation between diplomatic academies, and the establishment of a technology transfer facility in Colombo.

    Challenges

    • The pillar of trade, economic and investment cooperation needs greater strengthening and at a faster pace.
    • Absence of FTA: Despite signing a framework agreement for a comprehensive Free Trade Agreement (FTA) in 2004, BIMSTEC stands far away from this goal.
    • Lack of legal instruments: The need for expansion of connectivity was stressed by one and all, but when it comes to finalising legal instruments for coastal shipping, road transport and intra-regional energy grid connection, much work remains unfinished.
    • There needs to be mention of the speedy success achieved in deepening cooperation in security matters and management of Humanitarian Assistance and Disaster Relief (HADR).
    • Focus more on new areas: BIMSTEC should focus more in the future on new areas such as the blue economy, the digital economy, and promotion of exchanges and links among start-ups and Micro, Small and Medium Enterprises (MSMEs).
    •  Step up the personal engagement of political leadership: The personal engagement of the political leadership should be stepped up.
    • The decision taken in Colombo to host a summit every two years is welcome if implemented.
    • Greater visibility:  BIMSTEC needs greater visibility.
    • India’s turn to host the G20 leaders’ summit in 2023 presents a golden opportunity, which can be leveraged optimally. Perhaps all its members should be invited to the G20 summit as the chair’s special guests.
    • Simplify the groupings name: The suggestion to simplify the grouping’s name needs urgent attention.
    • The present name running into 12 words should be changed to four words only — the Bay of Bengal Community (BOBC).
    • It will help the institution immensely. Brevity reflects gravitas.

    Conclusion

    BIMSTEC is no longer a mere initiative or programme. The question to address is whether it is now capable of tackling the challenges facing the region.

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  • Building faith in India’s investigative agencies

    Context

    The image of the institution of police is regrettably tarnished by allegations of corruption, police excesses, lack of impartiality and close nexus with the political class.

    Police and investigation agencies need social legitimacy

    • The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy.
    • Police should work impartially and focus on crime prevention. They should also work in cooperation with the public to ensure law and order.
    • The CBI possessed immense trust of the public in its initial phase.
    • But with the passage of time, like every other institution of repute, the CBI has also come under deep public scrutiny.
    • The need of the hour is to reclaim social legitimacy and public trust.

    Issues affecting the system and causing delay in trial

    • Lack of infrastructure, lack of sufficient manpower, inhuman conditions, especially at the lowest rung, lack of modern equipment, questionable methods of procuring evidence, officers failing to abide by the rule book and the lack of accountability of erring officers.
    • Then there are certain issues that lead to delays in trials.
    • They are: Lack of public prosecutors and standing counsels, seeking adjournments, arraying hundreds of witnesses and filing voluminous documents in pending trials, undue imprisonment of undertrials, change in priorities with the change in the political executive, cherry-picking of the evidence, and repeated transfers of officers leading to a change in the direction of the investigation.

    Way forward

    • Break the nexus with political executive: The first step to reclaim social legitimacy and public trust.is to break the nexus with the political executive.
    • Reform of the police system is long overdue in our country.
    • The Ministry of Home Affairs has itself recognised the glaring need for the same in the “Status Note on Police Reforms in India”. 
    • Comprehensive law: Our investigative agencies still do not have the benefit of being guided by a comprehensive law.
    • Independent and autonomous investigative agency: The need of the hour is the creation of an independent and autonomous investigative agency.
    • Umbrella organisation: There is an immediate requirement for the creation of an independent umbrella institution, so as to bring various agencies like the CBI, SFIO, and ED under one roof.
    • This body is required to be created under a statute, clearly defining its powers, functions and jurisdictions.
    • Such a law will also lead to much-needed legislative oversight.
    • Separation of prosecution and investigation: One additional safeguard that needs to be built into the scheme, is to have separate and autonomous wings for prosecution and investigation, in order to ensure total independence.
    • Annual audit of performance: A provision in the proposed law for an annual audit of the performance of the institution by the appointing committee will be a reasonable check and balance.
    • Strengthening state investigative agencies: There is no reason why state investigative agencies, which handle most of the investigations, cannot enjoy the same level of credibility as that of the national agency.
    • The proposed Central law for the umbrella investigative body can be suitably replicated by the states.
    • Ensure women’s representation: An issue that needs addressing at this stage is the representation of women in the criminal justice system.
    • Often, women feel deterred in reporting certain offences due to a lack of representation.
    • Relations with community: Relations between the community and police also need to be fixed.
    • This is only possible if police training includes sensitisation workshops and interactions to inspire public confidence.

    Consider the question “The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy. In the context of this, examine the challenges faced by the police and the investigative agencies in India and suggest ways to help them gain social legitimacy.”

    Conclusion

    It is imperative for the police and the public to work together to create a safe society. Ultimately the police must remember that their allegiance must be to the Constitution and the rule of law and not to any person.

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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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  • What is a Look Out Notice?

    Delhi High Court has sought the Enforcement Directorate’s (ED’s) response on a journalist’s challenge to its action of restraining her from leaving the country. She was stopped in Mumbai on Tuesday evening based on a look out circular (LOC) issued by the ED.

    Look out notice: What is it, when is it issued?

    • An LOC is issued to make sure that an individual who is absconding or wanted by law enforcement agencies is not able to leave the country.
    • It is mostly used at immigration checkpoints at international airports and seaports by the immigration branch.
    • In certain cases, the police can approach a court asking for the restriction of a person’s movement outside the country, when that person is a suspect and there is an apprehension that they may not join the investigation at a later stage.
    • The subject of an LOC can challenge the circular and get relief from a court.

    Who can issue an LOC?

    • An LOC can be initiated by a large number of authorised officers, including an officer not below the rank of deputy secretary, an officer not below the rank of joint secretary in the state government, a district magistrate or superintendent of police.
    • Also, designated officers of various law enforcing and security agencies, a designated officer of Interpol, an officer not below the rank of additional director in the Serious Fraud Investigation Office, and the Ministry of Corporate Affairs can also issue LOC.
    • In 2018, the government also empowered the heads of public sector banks to directly request the authorities to issue an LOC against wilful defaulters to prevent them from leaving the country.
    • So now, an officer not below the rank of chairman/managing director/chief executive of any public sector bank can make a request.
    • An LOC can be modified/deleted/withdrawn by the Bureau of Immigration only on the specific request of the authorised originator on whose request the LOC was issued.

    Does an LOC lead to arrest?

    • Not necessarily. LOCs can be of several types.
    • They can seek to merely stop a person against whom the circular has been issued from travelling outside the country, to prevent a person from entering the country, or inform the concerned investigation agencies.
    • The proforma of the LOC also contains a request to detain the individual at the local police/investigation agency, which generally leads to arrest.

    Back2Basics: Directorate of Enforcement (ED)

    • ED is a law enforcement agency and economic intelligence agency responsible for enforcing economic laws and fighting economic crime (esp Money Laundering) in India.
    • It is part of the Department of Revenue of the Ministry of Finance.
    • It is composed of officers from the Indian Revenue Service, Indian Police Service and the Indian Administrative Service as well as promoted officers from its own cadre.
    • The total strength of the department is less than 2000 officers out of which around 70% of officials came from deputation from other organizations while ED has its own cadre, too.
    • The prime objective of the Enforcement Directorate is the enforcement of two key Acts namely, the Foreign Exchange Management Act 1999 (FEMA) and the Prevention of Money Laundering Act 2002 (PMLA)

     

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  • Privacy concerns in the Criminal Procedure (Identification) Bill 2022

    Context

    The Union Minister of State for Home Affairs introduced the Criminal Procedure (Identification) Bill 2022.

    Purpose of the introduction of the Bill

    • The Bill aims to replace the Identification of Prisoners Act 1920 that has been in need of amendment for several decades.
    • The criticism and the need for amendment was predominantly in respect of the limited definition of ‘measurements’ as under that Act.
    • Back in the 1980s, the Law Commission of India (in its 87th Report) and the Supreme Court of India in a judgment titled State of U.P. vs Ram Babu Misra had nearly simultaneously suggested the need to amend the statute.

    What are the issues with the provisions in the Bill?

    1] Definition of ‘measurement’ includes analysis of the data

    • The definition of measurements is not restricted to taking measurements, but also their “analysis”.
    • The definition now states “iris and retina scan, physical, biological samples and their analysis, behavio[u]ral attributes including signatures….”
    • It goes beyond the scope of a law that is only designed for taking measurements and could result in indirectly conferring legislative backing for techniques that may involve the collection of data from other sources(For instance, using facial recognition).
    • At present there are extensive facial recognition technology programmes for “smart policing” that are deployed all across the country.
    • Such experimental technologies cause mass surveillance and are prone to bias, impacting the fundamental rights of the most vulnerable in India.

    2] Power of the police and prison officials widened

    • The existing law permits data capture by police and prison officers either from persons convicted or persons arrested for commission of offences punishable with a minimum of one year’s imprisonment.
    • Parallel powers are granted to judges, who can order any person to give measurements where it is in aid of investigation.
    • While the judicial power is left undisturbed, it is the powers of the police and prison officials that are being widened.
    • The law removes the existing — albeit minimal — limitation on persons whose measurements could be taken.
    • It is poised to be expanded to all persons who are placed under arrest in a case.
    • Here, the proposed Bill also contains muddied language stating that a person, “may not be obliged to allow taking of his biological samples”.

    3] Storage and retention of data for a long period

    • The National Crime Records Bureau (NCRB) shall for a period of 75 years from the date of collection maintain a digital record, “in the interest of prevention, detection, investigation and prosecution of any offense”.
    • The provision permits the NCRB to, “share and disseminate such records with any law enforcement agency, in such manner as may be prescribed”.
    • The NCRB already operates a centralised database, namely the Crime and Criminal Tracking Network & Systems (CCTNS), without any clear legislative framework.
    • The existence of such legislative power with a technical framework may permit multiple mirror copies and parallel databases of the “measurements” being stored with law enforcement, beyond a State Police department which will be prosecuting the crime and the NCRB which will store all records centrally.
    • For instance, in response to a Standing Committee of Parliament on police modernisation, Rajasthan has stated that it maintains a ‘RajCop Application’ that integrates with “analytics capabilities in real-time with multiple data sources (inter-department and intra-department)”.
    • Similarly, Punjab has said that the “PAIS (Punjab Artificial Intelligence System) App uses machine learning, deep learning, visual search, and face recognition for the identification of criminals to assist police personnel.
    • Hence, multiple copies of “measurements” will be used by State government policing departments for various purposes and with experimental technologies.
    • This also takes away the benefit of deletion which occurs on acquittal and will suffer from weak enforcement due to the absence of a data protection law.
    •  The end result is a sprawling database in which innocent persons are treated as persons of interest for most of their natural lives.

    Conclusion

    To protect individual autonomy and fulfil our constitutional promises, the Supreme Court of India pronounced the Justice K.S. Puttaswamy judgment, reaffirming its status as a fundamental right. The responsibility to protect it falls to each organ of the government, including the legislature and the union executive.

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  • Dam Safety Act can end disputes, says Supreme Court

    The Supreme Court has found in the Dam Safety Act of 2021 a panacea to end the “perennial” legal battle between Tamil Nadu and Kerala over the Mullaperiyar dam.

    What is the Dam Safety Act, 2021?

    • The Act comprehensively postulates for surveillance, inspection, operation and maintenance of dams to prevent disasters.
    • Its key features are as follows:
    1. National Committee on Dam Safety (NCDS): It will be constituted and will be chaired by the chairperson, Central Water Commission. Its’ functions will include formulating policies and regulations regarding dam safety standards and prevention of dam failures, analyzing the causes of major dam failures, and suggesting changes in dam safety practices.
    2. National Dam Safety Authority (NDSA): It will be headed by an officer, not below the rank of an Additional Secretary, to be appointed by the central government. The main task of this authority includes implementing the policies formulated by the NCD, resolving issues between State Dam Safety Organisations (SDSOs), or between an SDSO and any dam owner in that state, specifying regulations for inspection and investigation of dams.
    3. State Dam Safety Organisation (SDSO): Its functions will be to keep perpetual surveillance, inspection, monitoring the operation and maintenance of dams, keeping a database of all dams, and recommending safety measures to owners of dams.
    4. Dam Safety Unit: The owners of the specified dams are required to provide a dam safety unit in each dam. This unit will inspect the dams before and after the monsoon session, and during and after any calamity or sign of distress.
    5. Emergency Action Plan: Dam owners will be required to prepare an emergency action plan, and carry out risk assessment studies for each dam at specified regular intervals.
    6. Certain offences: The act provides for two types of offences – obstructing a person in the discharge of his functions, and refusing to comply with directions issued under the proposed law.

    Why in news?

    • Kerala and Tamil Nadu have been trading charges against each other over the safety, operation and maintenance of the Mullaperiyar dam.
    • While Kerala claims the 126-year-old dam is unsafe, badly maintained and a threat to thousands of people living downstream, Tamil Nadu denies it.
    • Kerala is pitching for a new dam in place of the existing one, while Tamil Nadu, which operates and maintains the reservoir, argues that the dam is well-preserved and so strong that the height water level could even be increased to 152 feet.

    What did the SC say?

    • A few days ago, the Supreme Court was in search of an answer to the “perennial problem” between the two neighbours over the dam.
    • It had mooted the idea of extending the powers of its own supervisory committee to take over charge of the safety and maintenance of the structure and its site.
    • The Bench even wondered whether the supervisory committee should now continue as the 2021 Act has made it redundant.
    • However, Kerala said the Centre was yet to appoint specialists to the NDSA.

     

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  • India to set up Maritime Rescue Co-ordination Centre (MRCC) in Colombo

    India and Sri Lanka have signed an MoU for the Indian public sector Bharat Electronics Ltd (BEL) to set up a state of the art Maritime Rescue Co-ordination Centre (MRCC) in Colombo.

    What is MRCC?

    • MRCCs are part of an international network under the UN’s International Maritime Organisation.
    • They aim to monitor the sea lanes with the objective of swift response to emergencies, such as vessels in distress, rescue and evacuation of people, and prevention of and containing environmental disasters such as oil spills.
    • Each country is responsible for its own Search and Rescue Region (SRR).
    • The work of MRCCs is co-ordinated by the Navy or Coast Guard in each country.
    • In India, the Coast Guard is the co-ordinating agency. In Sri Lanka, it is the Navy.
    • The MRCC will be established with a grant of $6 million from India.

    Benefits offered

    • MRCC enhances co-operation on maritime security between the two countries in a part of the Indian Ocean region where the India-China rivalry has taken centre stage over the last decade.
    • This engagement will augment interoperability and seamless maritime actions like carrying out anti-smuggling operations in the Indian Ocean Region.

    Why such a move by India?

    • Sri Lanka’s SRR is a wide swathe of 1,778,062. 24 sq kms of the Indian Ocean, and nearly 200 ships pass through these waters every day.
    • The MRCC agreement appears to be part of India’s SAGAR (Security and Growth for all in the Region) initiative in the Indian Ocean.

    Issues with MRCC

    • The MRCC has been controversial in Sri Lanka who see every development by India suspicious.
    • Sri Lanka’s Defence Ministry issued a clarification on the MRCC, as well as on recent agreements with India for a naval floating dock and Dornier aircraft.
    • The clarification has provided more details about the agreements than have been in the public domain so far.

     

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