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GS Paper: GS2

  • Policing the police

    Custodial deaths in Tamil Nadu and death of a criminal in UP has brought to the fore the issue of illegalities carried out by the police. This article discusses the ways in which people face such illegalities and need for the reforms.

    Issue of illegalities by police

    • It is common practice in police stations to ignore the statute, laid down processes and Supreme Court guidelines.
    • So frequent is the brazen disobedience to the law that a lot of illegality seems to have morphed into accepted practice.

    Following are the ways in which police illegalities are carried out

    1) Custodial deaths

    •  The National Crime Records Bureau records 853 custodial deaths between 2010 to 2018.
    • At 1,636, the National Human Rights Commission puts the death figure much higher.
    • For this, just 3 policemen have been convicted.

    2) Issues of encounters

    •  The Supreme Court is clear that in each encounter case, an FIR must be registered and the matter probed independently.
    • If false, an “encounter” is premeditated murder.
    • Encounter threaten the basis of the rule of law.

    3) Avoiding registering complaint

    • Avoiding registration of complaint is the most common problem faced by the people.
    •  Even when the complaint is registered its magnitude is often diluted.
    • It is difficult for women, in particular, to get crimes registered.
    • So, in 2013, the law itself had to be changed.
    • Now a policeman who refuses to register a complaint of a sexual assault faces a two-year sentence.
    • The crime rate in India in 2018, it stood at 383.5 per 1,00,000 population.
    • By contrast, the crime rate in the US was over 2,500 per 1,00,000 .
    • This difference in crime rate highlights the reluctance by the police to registering crime.
    • This low crime rate on paper makes a fine excuse for governments to leave vacancies unfilled, go short on equipment and upgrades.
    • At 158, India’s police to population ratio which is police staff per 1,00,000 citizens, is one of the worst in the world. 

    4) Detention without cause

    •  People with prior records form a pool of easy pickings, as do the powerless.
    •  Often it is because the local public wants a quick arrest and the police want a scapegoat.

    5) Discrimination in arrest and investigation

    •  In the Tuticorin custodial murder, it took six days, the Madras High Court’s dogged intervention and a national hue and cry before six policemen could be arrested.
    • While police act swiftly in some cases, it goes soft against in other cases.

    Mechanisms and Checks and balances

    • There are many checks and balances from taluka to the national level to avoid police transgressions.
    • Internally, there are disciplinary mechanisms.
    • Outside, there are the courts.
    • Every state has human rights commissions, special interest bodies like the scheduled castes and scheduled tribes, women, and minorities commissions, and some have the police complaints authorities.
    • The Supreme Court’s clear directions coupled with the criminal code provide ample safeguards against excess.

    Why these checks and balances fail

    • In real life, internal mechanisms are overindulgent of illegal behaviour, obscure and dilatory.
    • The first responder lower courts are constrained by capacity and circumstance.
    • Very few of the over one hundred guardian bodies dotted around the country work effectively

    Issues with the Guardian bodies

    • Many bodies are without any functions and powers.
    • Others are deliberately left understaffed and under-resourced.
    • The Andhra Pradesh SHRC has no chairperson nor members.
    • Gujarat, Bihar, Chhattisgarh, Kerala and Tamil Nadu SHRCs function with acting chairs.
    • The few institutions that have the power and resources restrain their own functioning through terminal timidity.

    Consider the question “Issue of the illegalities by the police raises the question of guarding the guardians. Examine the ways in which police illegalities are manifested and suggest ways to deal with the issue.”

    Conclusion

    The number and regularity of heinous crimes by the police calls out for root and branch repair of the police and the many guardian agencies tasked with keeping them lawful.

  • Election Commission (EC)’s power to delay elections

    Political parties are increasingly voicing concerns over holding elections in Bihar amid a pandemic.

    This newscard contains some interesting facts related to conduct and postpone of elections.

    EC’s power to hold elections

    • The EC is mandated under law to hold elections at any time within six months before the five-year term of the Lok Sabha or Legislative Assembly expires.
    • The polls are timed in a way that the new Assembly or Lok Sabha is in place on the day of the dissolution of the outgoing House.
    • In the case of early dissolution, EC has to ensure, as far as possible, a new Lok Sabha or Assembly is in place within six months of the dissolution.

    Powers to delay

    • An election once called usually proceeds as per schedule. However, in some exceptional cases, the process can be postponed or even scrapped after its announcement under extraordinary circumstances.
    • Under Section 153 of the Representation of the People Act, the poll panel can “extend the time” for completing an election.
    • But such extension should not go beyond the date of the normal dissolution of the Lok Sabha or the Assembly.
    • In 1991, the Commission, under this provision read with Article 324 of the Constitution, postponed the ongoing parliamentary elections after then PM’s assassination during his campaign in Tamil Nadu.
    • As recently as March this year, elections to 18 Rajya Sabha seats were postponed by the Commission due to the COVID19 pandemic.

    So can EC postpone elections in Bihar under Section 153 of the RP Act?

    • Powers under Section 153 can be exercised only after an election schedule has been notified.
    • If the EC wants to postpone Bihar elections, it will have to be done through its extraordinary powers under Article 324.
    • The Commission will have to inform the government of its inability to hold polls on time.
    • The government and the President will then decide the future course — to impose President’s Rule or allow the incumbent Chief Minister to continue for six months.

    Back2Basics

    https://www.civilsdaily.com/news/explained-presidents-rule-in-maharashtra/

  • National Intelligence Grid (NATGRID) signed MoU with NCRB

    The National Intelligence Grid (NATGRID) has signed an MoU with the National Crime Records Bureau (NCRB) to access the centralised online database on FIRs and stolen vehicles. The MoU would enable the NATGRID to get information about details of a suspect as mentioned in the FIR such as his/her father’s name, telephone number and other details.

    Practice question for mains:

    Q.What is NATGRID? Discuss its role in facilitating criminal investigation and intelligence by various agencies.

    About NATGRID

    • NATGRID initially started in 2009 is an online database for collating scattered pieces of information and putting them together on one platform.
    • It links intelligence and investigation agencies.
    • At least 10 Central government agencies, such as the Intelligence Bureau, Research and Analysis Wing and others have access to the data on a secured platform.
    • NATGRID is exempted from the Right to Information Act, 2005 under sub-section (2) of Section 24.

    Utility of NATGRID

    • The NATGRID enables multiple security and intelligence agencies to access a database related to immigration entry and exit, banking and telephone details, among others, from a common platform.
    • The 10 user agencies will be linked independently with certain databases which will be procured from 21 providing organisations including telecom, tax records, bank, immigration etc. to generate intelligence inputs.

    Back2Basics: National Crime Records Bureau (NCRB)

    • The NCRB is a government agency responsible for collecting and analysing crime data as defined by the Indian Penal Code (IPC) and Special and Local Laws (SLL).
    • NCRB is headquartered in New Delhi and is part of the Ministry of Home Affairs (MHA).
    • NCRB was set-up in 1986 to function as a repository of information on crime and criminals so as to assist the investigators in linking crime to the perpetrators.
    • Mission: To Empower Indian Police with IT and criminal Intelligence to enable them to uphold the law and protect people & to provide leadership and excellence in crime analysis particularly for serious and organized crime.

    Crime and Criminal Tracking Networks and Systems (CCTNS)

    • The CCTNS is a project for creating a comprehensive and integrated system for effective policing through e-Governance.
    • The concept was first conceived in the year 2008 by the then Home Minister in the aftermath of the 2008 Mumbai attacks.
    • The system includes a nationwide online tracking system by integrating more than 14,000 police stations across the country.
    • The project is implemented by NCRB.

  • For the sake of sound fiscal federalism

    Faultlines in the Centre-State fiscal relations have widened due to Covid. This article examines how States are not getting what they should as per the 14th Finance Commission report.

    Centre-state tussle

    • The tussle for the rights of States has been focused on Article 356.
    • Partial behaviour by the Governors, regional party governments were politically destabilised.
    • Little was done to implement the report of  Justice R.S. Sarkaria Commission on Centre-State relations.
    • The new faultline in the Centre-State relation could be over the way report of 14th Finance Commission is being implemented.
    • This began well before COVID-19, but the pandemic and its economic disruption have brought things to an edge.

    Issues over the implementation of 14th Finance Commission report

    • The 14th Finance Commission report in 2015 promised devolution of more finances to the States.
    • As part of the process, States would have new responsibilities, especially in the social sector.
    •  The Goods and Services Tax (GST) regime was also justified as a grand bargain that would eventually leave all States better off.
    • In reality, tax devolution to States has been consistently below 14th Finance Commission projections.
    • One reason for this has been the economic slowdown, and lower-than-expected GST collections.
    • The shortfall in GST collection for 2018-2019 was 22% when compared to projections.
    • Payments to the States have been delayed as well.
    • There is a ₹6.84 lakh crore gap between what the 14th Finance Commission promised to States and what they have received.
    • States undertook programmes and projects spending 46% more than the Central Government; today the figure is 64%.
    • Despite spending less than the states the Centre’s fiscal deficit exceeds the consolidated State deficit by 14%.

    Need to revisit the FRBM provisions

    • Due to pandemic, the fiscal deficit for States, collectively, is inevitably going to breach the projection of 2.04%.
    • As per provisions of the Fiscal Responsibility and Budget Management (FRBM) Act, the GSDP can actually accommodate a fiscal deficit of 3%.
    • Now, post-pandemic, this limit will be crossed.
    • The FRBM has an “escape clause” that allows for a one-time relaxation of the fiscal deficit threshold upto 0.5% in a time of exigency.
    • The escape clause has been utilised by the Centre but it has proven woefully insufficient in addressing the current crisis.
    • Fiscal policymakers and technocrats agree that the rigidity of the FRBM has to be revisited.
    • It should allow for greater flexibility and consultation as to when and how the “escape clause” can be applied.
    • The Centre has gone in for subjective interpretation, imposing conditions that are outside the scope of the FRBM.

    Consider the question “Fiscal tensions have emerged as  a new front in the Centre-State relations. Suggest the steps the Centre should take to address it.”

    Conclusion

    Centre government needs to be more considerate of the financial woes of the State and try to deliver on the recommendations of the 14th Finance Commission report.

  • Quorum not needed for routine standing committee meetings

    The opposition parties in the Rajya Sabha has contradicted the holding the virtual meetings of standing committees to ensure quorum during deliberations.

    Try this question from CSP 2018:

    Q.With reference to the Parliament of India which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub rules, bylaws, etc. conferred by the Constitution or delegated by the Parliament is being properly exercised by the Executive within the scope of such delegation?

    (a) Committee on Government Assurances

    (b) Committee on Subordinate Legislation

    (c) Rules Committee

    (d) Business Advisory Committee

    What is Quorum?

    • A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group.
    • The requirement for a quorum is protection against totally unrepresentative action in the name of the body by an unduly small number of persons.
    • Article 100 (3) of the Constitution of India stipulates that at least 10% of the total number of members of the House must be present to constitute the quorum to constitute a meeting of either House of Parliament.
    • Article 189 (3) and (4) provides for similar provisions for State Legislatures.
    • For example, if the House has a total membership of 500, at least 50 members must be present for the House to proceed with its business.

    What did RS Secretariat say over the requirement of quorum?

    • Parliamentarian these days are unable to travel to Delhi for obvious COVID reasons.
    • The Rajya Sabha secretariat has said that quorum was essential only when the committees are making decisions or adopting reports and not during routine deliberations.

    Back2Basics: What are Standing Committees?

    • Standing Committee is a committee consisting of Members of Parliament.
    • It is a permanent and regular committee which is constituted from time to time according to the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business.
    • The work done by the Indian Parliament is not only voluminous but also of a complex nature, hence a good deal of its work is carried out in these Parliamentary Committees.
    • Standing Committees are of the following kinds :
    1. Financial Standing Committees (FSC)
    2. Department Related Standing Committees (DRSC)
    3. Others Standing Committees (OSC)

  • [pib] ASEEM Portal

    Union Ministry of Skill Development and Entrepreneurship has launched Aatmanirbhar Skilled Employee-Employer Mapping (ASEEM) portal to help skilled people find sustainable livelihood opportunities.

    There are various web/portals/apps with peculiar names such as YUKTI, DISHA, SWAYAM etc. Their core purpose is similar with slight differences. Pen them down on a separate sheet.

    ASEEM Portal

    • ASEEM refers to all the data, trends and analytics which describe the workforce market and map demand of skilled workforce to supply.
    • It is developed and managed by National Skill Development Corporation (NSDC) in collaboration with Bengaluru-based Company named Betterplace.
    • It is an AI-based portal which will map details of workers based on regions and local industry demands and will bridge the demand-supply gap of skilled workforce across sectors.
    • It will provide employers with a platform to assess the availability of a skilled workforce and formulate their hiring plans.
    • It will also provide real-time granular information by identifying relevant skilling requirements and employment prospects.

  • In news: Bhashan Char Island

    Bangladesh has announced that it will not move the Rohingyas settled on the Bhashan char island amid Corona pandemic.

    Try this question from CSP 2018:

    Q.Which one of the following pairs of islands is separated from each other by the ‘Ten Degree Channel’?

    (a) Andaman and Nicobar

    (b) Nicobar and Sumatra

    (c) Maldives and Lakshadweep

    (d) Sumatra and Java

    Bhashan Char Island

    • Bhasan Char also known as Char Piya, is an island in Hatiya, Bangladesh.
    • The island was formed with Himalayan silt in 2006 spanning 40 square kilometres.
    • It is underwater from June to September annually because of the monsoon, and it has no flood fences.
    • In June 2015, the Bangladeshi government suggested resettling Rohingya refugees on the island under its Ashrayan Project.
    • The proposal was characterized by the UN Refugee Agency as “logistically challenging”.

  • Broader strategic challenge of dealing with China

    • Identifying the nature of the threat posed by China is important to formulate a response. This article discusses the plan of action on the diplomatic, strategic and economic front to deal with Chinese aggression.

    Economic angle of China’s expansionism

    • The Chinese growth model needed to find subservient emerging markets.
    • In these markets, China can park huge debts and make investments to keep feeding China’s high growth rates.
    • Friendly foreign debt-investment markets were needed to compensate for over-investment at home.
    • The Belt and Road Initiative was rolled out as a meeting point for China’s geo-strategic and geo-economic interests.
    • China has expanded its global footprint by signing on about 100 countries to the BRI.
    • China has made aggressive moves on most of its non-submissive neighbours in the South China Sea.
    • China has also made moves against its traditional rivals like Japan and Taiwan to independent-minded nations like South Korea and Australia.
    • China sees itself as a global power whose time has come.

    India needs to play clearer role

    • Rise of China is shaking up global alignments and shaping new world order.
    • The Trump administration is increasingly being criticised for not providing global leadership.
    • India could afford to be largely non-aligned during the 20th century Cold War.
    • Our size and economic momentum necessitate that we play a clearer role in the Cold War’s 21st-century sequel.
    • India’s foreign policy has lacked a clear vision about China.
    • India has been deepening our strategic relationship with the US but without wanting to alarm China.

    India’s relation with neighbours

    • India’s relations with other neighbouring nations have also become a cause of concern.
    • Pakistan has practically become a minion state for the Chinese – the $62-billion CPEC is a case in the point.
    • Nepal is no longer on our list of all-weather friends.
    • Chinese influence is growing in Sri Lanka and Bangladesh — both signatories to the BRI.
    • And just last week, Beijing, sent another appallingly stern message to our loyal friend, Bhutan, by making ridiculous territorial claims.

    What should be India’s plan of action

    • Dealing with China will require conviction and exercising a range of military, diplomatic and economic options.
    • One forum we need to build on and provide leadership to is the Quadrilateral Security Dialogue.
    •  India should now propose the expansion of the Quad’s scope with a possible exploration of a collective defence architecture like NATO.
    • The membership of the Quad should be expanded to include Vietnam, South Korea, New Zealand, and Malaysia.
    • On the economic front, India must welcome the US proposal to expand G7 to include India, Russia, Australia and South Korea without China as a member.
    • Next area of focus should be strengthening ties with our neighbourhood.
    • Effort must be made to regain the relationship with Russia.

    Conclusion

    China must be made to choose: Is it willing to push the equally proud, equally numerous, equally historical and glorious civilisation to the south in this long-term direction for a few square kilometres of territory and a round of chest-thumping?

  • Judiciary and criminalisation in politics

    This article discusses the issue of criminalisation in politics and the reasons for its persistence despite several judgements by the Supreme Courts to deal with the issue.

    The Feb 2020 SC order

    • In a February 2020 judgement the Supreme Court has asked the political parties to state the reasons for the selection of candidates.
    • The Court also asked to specify as also as to why other individuals without criminal antecedents could not be selected as candidates.
    • If a political party fails to comply, it would be “… in contempt of this Court’s orders/directions.”
    • The political party and its leadership would for the first time have to publicly own up to criminalisation of politics.
    • The judgment notes that “ in 2019 as many as 43% of MPs had criminal cases pending against them”.
    •  India is the only democratic country with a free press where we find a problem of this dimension.

    What did the earlier orders require?

    • (a) each candidate shall submit a sworn affidavit giving financial details and criminal cases.
    • (b) each candidate shall inform the political party in writing of criminal cases against him or her.
    • (c) the party shall put up on its website and on social media as well as publish in newspapers the names and details of such candidates.

    Why the problem persists

    • Survey after survey show that people around the country are unhappy with the quality of governance.
    • Given limited choices, they vote as best as they can.
    • Meanwhile, electoral bonds bring secrecy back into political funding.
    • Several laws and court judgments have not helped much, as the data show.
    • There lack of enforcement of laws and judgments.
    • It is also not clear what penalty would be imposed if the recent orders are not followed.

    Way forward

    •  Monitoring the affidavits of candidates can help in compliance.
    • Working with the EC to ensure that information is promptly available on their websites.
    • Widely circulating this information to voters using all the social media tools available.
    • Monitoring the compliance with the Supreme Court judgment to see if details of tainted candidates are promptly put up on their websites, and on their social media handles, along with proper reasons for giving them ticket.
    • Voters also need to be vigilant about misuse of money, gifts and other inducements during elections.
    • The waters will be muddied with fake news, trolling, and fanciful claims, concerted efforts to tackle the menace of fake news are required.

    Consider the question “Despite several judgements from the Supreme Court the issue of criminalisation in politics still persists. Examine the reasons for the persistence of the issues. Suggest the measures to deal with the issues.”

    Conclusion

    we may not see dramatic changes in the quality of candidates. Campaigns may continue to be more and more personal and even abusive. But all these steps are required, however insignificant they may seem.

    Original link

    https://www.thehindu.com/opinion/lead/owning-up-to-criminalisation-in-politics/article32035186.ece

  • International Covenant on Civil and Political Rights (ICCPR)

    United Nations (UN) Special Rapporteurs have made public their third communication forwarded to India expressing concern over alleged excessive use of force, ill-treatment during arrests and detentions.

    Practice question for mains:

    Q.There is an urgent need for reforming the criminal justice system in India in light of rising cases of custodial torture and killings. Comment.

    What is the issue?

    The UN urged the Indian government to conduct a prompt and impartial investigation into the allegations of arbitrary killings, torture and ill-treatment and to prosecute suspected perpetrators under articles 6 and of the International Covenant on Civil and Political Rights (ICCPR), and articles 7 and 12 of the Committee Against Torture (CAT).

    What are the conventions cited by the UN?

    1) International Covenant on Civil and Political Rights (ICCPR)

    • The ICCPR is a multilateral treaty adopted by UN General Assembly Resolution on 16 December 1966, and in force from 23 March 1976.
    • The covenant commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.
    • As of September 2019, the Covenant has 173 parties and six more signatories without ratification.
    • It is part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR).
    • It is monitored by the UN Human Rights Committee (a separate body to the UN Human Rights Council).

    2) United Nations Convention Against Torture (UNCAT)

    • The UNCAT is an international human rights treaty, under the review of the UN and was adopted in 1984.
    • It aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.
    • The convention requires states to take effective measures to prevent torture in any territory under their jurisdiction and forbids states to transport people to any country where there is reason to believe they will be tortured.
    • Since the convention’s entry into force, the absolute prohibition against torture and other acts of cruel, inhuman, or degrading treatment or punishment has become accepted as a principle of customary international law.

    3) The Committee against Torture (CAT)

    • It is a body of human rights experts that monitors implementation of the Convention by State parties.
    • The Committee is one of eight UN-linked human rights treaty bodies.
    • All state parties are obliged under the Convention to submit regular reports to the CAT on how rights are being implemented.
    • Upon ratifying the Convention, states must submit a report within one year, after which they are obliged to report every four years.
    • The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations.”
    • Under certain circumstances, the CAT may consider complaints or communications from individuals claiming that their rights under the Convention have been violated.