| PYQ Relevance:
[UPSC 2024] The Doctrine of Democratic Governance makes it necessary that the public perception of the integrity and commitment of civil servants becomes absolutely positive. Discuss.
Linkage: The new criminal codes, through provisions like mandatory audio-video recording of searches and seizures, aim to improve the quality of investigation and ensure greater integrity and commitment from investigating officers (IOs). This directly seeks to foster a positive public perception of civil servants involved in law enforcement, aligning with the query’s emphasis on progress in the new codes. |
Mentor’s Comment: As India completes one year of implementing its overhauled criminal justice framework—comprising the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA)—the on-ground feedback is beginning to surface. A major highlight has been the operationalization of the ‘e-Sakshya’ app for real-time evidence collection. While it empowers investigation officers (IOs) and enhances transparency, several systemic and logistical constraints hinder its full potential. Despite attempts at modernization, the gap between legal reforms and infrastructural readiness threatens to blunt the progressive intent of these laws. This transitional phase is a crucial moment for policy correction and investment.
Today’s editorial talks about the effectiveness of India’s new criminal laws—BNS, BNSS, and BSA. This topic is important for GS Paper II (Indian Polity & Governance) in the UPSC mains exam.
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Let’s learn!
Why in the News?
Recently, India’s new criminal laws—BNS, BNSS, and BSA—mark a year of implementation. Technological tools like the e-Sakshya app aid progress, but feedback from investigating officers reveals key challenges and improvement needs.
What are the key improvements brought by the BNS, BNSS, and BSA in the criminal justice system?
- Modernization of Colonial Laws: The new laws replace the outdated Indian Penal Code (1860), CrPC (1973), and Indian Evidence Act (1872), aligning criminal justice with contemporary realities, citizen-centric values, and technological advancements.
- Integration of Technology in Investigation: The BNSS mandates audio-video recording of critical procedures such as search, seizure, and statement recording. It supports the use of tools like the ‘e-Sakshya’ app for real-time digital evidence collection, improving transparency and accountability.
- Improved Victim-Centric and Time-Bound Procedures: Provisions like seven-day deadlines for medical reports in rape cases and emphasis on video conferencing for witness examination under BNSS aim to ensure faster process, reduce trauma for victims, and increase judicial efficiency.
How has the ‘e-Sakshya’ app enhanced evidence collection and policing?
- Real-time digital documentation: The app enables investigating officers to capture photos and videos on the spot with geo-coordinates and a timestamp, ensuring authenticity and preventing tampering. For instance, during a search and seizure, the officer must record the process under Section 105 of BNSS, improving transparency.
- Improved accountability in investigations: Investigating officers are now required to take selfies at crime scenes, ensuring that they personally conduct the investigation and don’t delegate it unofficially. This deters fabrication of evidence and builds a stronger chain of custody for trial.
- Strengthened witness reliability: The visual capture of witness presence at the crime scene discourages denial of participation later in court. Eg when a suspect is made to show the place where a weapon or contraband is hidden, the recording serves as reliable secondary electronic evidence admissible in court.
Why is digital integration through CCTNS and ICJS vital for the new laws’ success?
- Seamless transition and registration of cases: The Crime and Criminal Tracking Network and Systems (CCTNS) ensures smooth FIR registration and jurisdictional transfers, enabling police stations to shift from old laws to BNS, BNSS, and BSA without disruption. For instance, zero FIRs are easily routed to the correct police stations within a state using CCTNS.
- Interlinking of justice system pillars: The Inter-operable Criminal Justice System (ICJS) connects police with forensic labs, prosecution, courts, and jails, improving coordination and efficiency. This digital integration supports time-bound actions like forwarding medical examination reports or conducting video-based evidence collection as mandated under BNSS.
| Note: About Zero FIR It refers to a First Investigation Report (FIR) that is registered irrespective of the area where the offence is committed. The police in such a case can no longer claim that they have no jurisdiction. |
What are the challenges that hinder the effective implementation of the new criminal laws?
- Inadequate digital infrastructure: Many police stations have only one tablet, and officers often use their personal phones to operate the e-Sakshya app, which requires Android version 10 or higher and at least 1GB of storage. This limits the ability to uniformly implement mandatory audio-video recording provisions under BNSS.
- Lack of real-time integration with courts: While images and videos are stored on the National Government Cloud (NGC), courts still do not directly access this digital evidence through the ICJS. Instead, police submit evidence using pen drives, leading to duplication, extra costs, and delay in proceedings.
- Forensic and legal bottlenecks: Despite the requirement of FSL expert visits under Section 176 of BNSS, forensic infrastructure in many states remains underdeveloped. Also, cybercrime evidence often needs expert analysis and testimony, but State forensic labs are yet to be notified under the IT Act, hampering admissibility of digital evidence.
What reforms are needed to address them? (Way forward)
- Strengthen digital infrastructure in police stations: The government should ensure that each investigating officer (IO) has access to a dedicated device compatible with the e-Sakshya app. Providing sufficient tablets or mobile phones with the required specifications will help officers capture evidence reliably and eliminate the need for using personal devices.
- Enable direct court access to digital evidence: Courts must be integrated with the Inter-operable Criminal Justice System (ICJS) to allow secure, real-time access to evidence stored on the National Government Cloud. This will eliminate dependency on external storage like pen drives and promote efficiency and authenticity in judicial proceedings.
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Why in the News?
The proposed changes in the Income-Tax Bill, 2025 allowing tax officials to access a person’s “virtual digital space” during search and seizure have sparked strong debate about privacy, government surveillance, and misuse of power.
What is the current legal framework for tax-related search and seizure?
- Under Section 132 of the Income-Tax Act, 1961, search and seizure powers are currently restricted to physical spaces like houses, offices, and lockers.
- These powers are exercised based on a reasonable suspicion of undisclosed income or assets, and apply only to the person under investigation.
What does the new proposal change?
- Expansion to digital realm: The new proposal includes access to emails, cloud storage, social media accounts, digital applications, and vaguely “any other space of similar nature.”
- Override of access barriers: Authorities can override access codes of devices to enter these digital spaces.
- Open-ended scope: The vague phrasing leaves room for nearly any digital platform to fall under scrutiny, exposing data beyond the individual concerned.
What are the privacy risks of allowing tax access to digital spaces?
- Deep intrusion into personal life: Digital spaces like emails, social media, and cloud drives contain private, non-financial information. Their access exposes not just the individual but also their family, friends, and professional networks.
- Risk to confidentiality: Professionals like journalists and lawyers could have confidential sources and sensitive data compromised, affecting freedom of expression and legal rights.
- Lack of oversight: The provision allows tax authorities to bypass judicial warrants, violating principles of transparency, accountability, and privacy.
What is the Proportionality Principle?
Proportionality Principle is a legal doctrine that ensures any action taken by the State—especially those that limit fundamental rights—must be reasonable, necessary, and least restrictive in achieving a legitimate aim. |
How does the proposal violate the proportionality principle?
- Absence of judicial safeguards: The proposal allows tax authorities to access an individual’s digital data without prior judicial approval or warrant. In contrast, the U.S. Supreme Court in Riley vs California mandated warrants before accessing digital content due to the sensitive nature of personal data.
- No relevance filter for accessed data: The provision lacks a clear distinction between financial and non-financial data, enabling authorities to access personal content unrelated to tax evasion. For instance, a journalist’s device could reveal confidential sources and communications, compromising press freedom.
- Fails the least intrusive means test: The measure does not explore less invasive options to meet enforcement goals and grants sweeping powers without ensuring necessity. The Supreme Court in the Puttaswamy case clearly stated that any restriction on privacy must be necessary and adopt the least intrusive method.
Which global safeguards can India adopt for digital searches?
- Judicial Authorization Before Search: In Canada, Section 8 of the Charter of Rights and Freedoms mandates that searches (including digital) must be pre-approved by a neutral and impartial judge, based on reasonable and probable grounds. This ensures accountability and protects citizens from arbitrary intrusions.
- Warrant Requirement for Digital Devices: In the United States, the Supreme Court ruling in Riley v. California (2014) held that law enforcement must obtain a warrant before accessing data on cell phones, given the deeply personal nature of digital information. This aligns digital privacy with Fourth Amendment protections against unreasonable searches.
- Taxpayer Bill of Rights: The U.S. Internal Revenue Service (IRS) enforces the Taxpayer Bill of Rights, which guarantees that searches are not more intrusive than necessary and are conducted with due process. It emphasizes that digital investigations must follow legal safeguards, respecting taxpayer privacy.
Way forward:
- Mandate Judicial Oversight and Clear Warrants: Any access to an individual’s digital space must require prior approval from a neutral judicial authority, based on tangible evidence and specific relevance to the tax investigation.
- Define ‘Virtual Digital Space’ Narrowly and Precisely: The term should be clearly limited to platforms directly linked to financial transactions, excluding unrelated personal data, to prevent excessive intrusion and ensure proportionality.
Mains PYQ:
[UPSC 2024] Right to privacy is intrinsic to life and personal liberty and is inherently protected under Article 21 of the Constitution. Explain. In this reference discuss the law relating to D.N.A. testing of a child in the womb to establish its paternity.
Linkage: This question directly addresses the fundamental right to privacy, which is the central concern raised by the proposed digital search powers in the Income-Tax Bill, 2025. The article explicitly states that the Bill “raises significant concerns about privacy, overreach, and surveillance” and emphasizes that “The right to privacy cannot and must not be eroded under the garb of regulatory action”.
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Why in the News?
Recently, the three-language rule in the National Education Policy (NEP) 2020 has caused a new dispute in Maharashtra, showing people’s worries about language and political disagreements.
What are the key features of the three-language policy under NEP 2020?
- Mandatory Learning of Three Languages: All students must learn three languages during their school education.
- Flexible Language Choice: States and schools have the autonomy to choose any two Indian languages and one foreign language, removing the compulsion of Hindi.
- Promotion of Multilingualism: Emphasis on learning regional, national, and global languages, thereby fostering cultural and linguistic diversity.
- Mother Tongue as Medium of Instruction: Preference is given to teaching in the mother tongue or regional language at least up to Grade 5, and preferably till Grade 8.
- No Imposition of Any Language: The policy avoids mandatory imposition of Hindi or any other language across the country.
- Implementation Based on Demand: A minimum of 20 students must demand a specific third language in a school for it to be introduced.
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Why has the implementation of the three-language policy sparked resistance in States like Maharashtra?
- Fear of Hindi Imposition: Despite the NEP 2020’s flexibility, there is a strong perception that Hindi is being prioritised as the default second language, especially after Maharashtra’s decision to make Hindi mandatory till Class 5.
- Threat to Regional Identity: The policy is seen as undermining Marathi linguistic and cultural identity, which has historically been a sensitive issue in the State.
- Distrust in Government Intentions: The formation of a committee rather than outright scrapping of the decision raised suspicion about hidden agendas, including the promotion of the Right-wing ‘Hindi, Hindu, Hindustan’ ideology.
How does the perceived imposition of Hindi affect regional linguistic identity and federal harmony?
- Resentment in Non-Hindi Speaking States: Imposing Hindi is perceived as marginalising regional languages like Tamil, Telugu, Bengali, and Malayalam, causing strong backlash. Eg: Tamil Nadu has consistently opposed the three-language formula, invoking the “anti-Hindi imposition” movementdating back to the 1960s.
- Weakening of Linguistic Pluralism and Diversity: Promoting one language risks diluting India’s multilingual fabric, which is essential for preserving cultural identity and inclusiveness. Eg: In North-East India, states like Manipur and Nagaland have expressed concerns over losing native tongues due to Hindi-centric policies.
- Strain on Federal Relations: Perceived language imposition creates friction between the Centre and States, weakening cooperative federalism and leading to policy resistance. Eg: Several southern states have demanded greater autonomy in education policy, arguing that central language decisions ignore regional aspirations.
What is the relevance of the three-language policy for academic purposes?
- Promotes Inclusivity and Communication in Diverse Settings: Multilingual proficiency helps students communicate across regions, fostering national integration and better participation in higher education and jobs. Eg: A student from Kerala who knows Hindi and English can study or work in northern India or abroad more comfortably.
- Enhances Cognitive and Learning Abilities: Learning multiple languages improves memory, problem-solving, and critical thinking skills, aiding overall academic performance. Eg: Studies show that multilingual students often perform better in tasks requiring attention and multitasking.
- Improves Access to Knowledge and Resources: Knowing more than one language enables students to access a broader range of textbooks, research, and cultural literature, enriching their academic experience. Eg: A student fluent in English and a regional language can read both international academic content and local history or literature.
What are the challenges do schools face in offering diverse language options under the policy?
- Limited Availability of Qualified Language Teachers: Most schools lack trained teachers for non-regional or less commonly spoken languages, making it hard to implement true linguistic diversity. Eg: A school in Bihar may struggle to find teachers for Tamil, Kannada, or Malayalam, even if students want to learn them.
- Low Student Demand for Minority Languages: The policy requires a minimum of 20 students to demand a language for it to be introduced, which excludes smaller linguistic communities. Eg: In many Hindi-speaking regions, languages like Telugu or Bengali are not offered due to insufficient student numbers.
Way forward:
- Strengthen Teacher Training and Language Infrastructure: Invest in recruiting and training teachers for a wider range of Indian languages, and develop teaching materials in collaboration with state language boards.
- Ensure Flexibility and Regional Autonomy: Allow States and schools to adapt the three-language policy based on local linguistic demographics, ensuring inclusivity without enforcing a one-size-fits-all model.
Mains PYQ:
[UPSC 2015] Describe any four cultural elements of diversity in India and rate their relative significance in building a national identity.
Linkage: This question is related to “Diversity and pluralism,” which directly talk about the language as a cultural element. The article highlights how language can become a point of contention, with some seeing a uniform language policy as essential for national identity, while others view it as an “imposition” that undermines the rich cultural and linguistic diversity of India.
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Why in the News?
A landmark study published in the ‘Cell’ journal has sequenced the genomes of 2,762 Indians from 23 states and union territories, creating the most comprehensive genomic map of India to date.
About the Genomic Atlas:
- Overview: The Genomic Atlas is the most comprehensive genetic mapping of Indian populations, covering caste, tribe, language, geography, and urban-rural distinctions.
- Collaboration: It was conducted by Indian and international institutions, aiming to understand how ancient migrations and social structures shaped Indian genomes.
- Use of Molecular Clocks: Researchers used genetic mutations as molecular clocks to trace human ancestry and map the evolutionary history of diverse groups in India.
- Focus on Disease and Ancestry: The study explores recessive disorders, disease-linked mutations, and interbreeding with archaic humans like Neanderthals and Denisovans.
- Scope: Plans include expanding coverage to more isolated communities and building tools to track disease origins within genetically distinct Indian groups.
- Impact on Precision Medicine: It aims to improve personalised healthcare by incorporating Indian genetic diversity into global medical research.
Key Highlights of the Study:
- Discovery of New Gene Variants: Over 2.6 crore previously undocumented genetic variants were discovered, many of which are absent from international gene databases.
- Single-origin migration: Indians descend primarily from a single out-of-Africa migration ~50,000 years ago, not earlier human groups.
- Three major ancestral components:
- Ancient Ancestral South Indians (AASI) – early hunter-gatherers.
- Iranian-related Neolithic farmers – from Sarazm (~4th millennium BCE).
- Eurasian Steppe pastoralists – arrived around 2000 BCE, tied to Indo-European languages.
- Additional East Asian ancestry: Found in East, Northeast, and some Central Indian populations (e.g., 5% in West Bengal), likely post-Gupta or rice cultivation-related (~520 CE).
- Caste endogamy impacts: Long-term inbreeding within castes has led to high homozygosity, raising the risk of recessive genetic diseases.
- Archaic DNA: Indian genomes show rich Neanderthal and Denisovan segments, especially in immune-related genes like MHC, TRIM, and BTNL2.
- Unique health risks: A BCHE variant linked to anaesthetic reaction is enriched in Telangana; 7% of discovered protein-altering variants relate to serious genetic disorders.
- Every individual had at least one genetic relative in the sample—revealing extreme interrelatedness and strong founder effects, particularly in South India.
- Unmatched Neanderthal diversity: India harbours the widest variety of Neanderthal-derived genetic fragments among global populations.
| [UPSC 2021] In the context of hereditary diseases, consider the following statements:
1. Passing on mitochondrial diseases from parent to child can be prevented by mitochondrial replacement therapy either before or after in vitro fertilization of the egg.
2. A child inherits mitochondrial diseases entirely from the mother and not from the father.
Options: Which of the statements given above is/are correct?
(a) 1 only (b) 2 only (c) Both 1 and 2* (d) Neither 1 nor 2 |
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Why in the News?
A recent study by the Centre for Research on Energy and Clean Air (CREA) highlights that secondary pollutants, particularly ammonium sulphate, are responsible for nearly one-third of India’s PM2.5 pollution.
What are Primary Air Pollutants?
- Definition: Primary air pollutants are directly released into the atmosphere from specific sources like vehicles, coal plants, industries, and biomass burning.
- Natural and Man-made Origins: They arise from both natural events, such as dust storms, and human activities like fuel combustion.
- Key Examples:
- Carbon monoxide (CO) – from incomplete fuel combustion in vehicles and stoves.
- Sulphur dioxide (SO₂) – from burning sulphur-rich coal, especially in power plants.
- Nitrogen oxides (NOₓ) – from high-temperature fuel combustion in vehicles and factories.
- Particulate Matter (PM) – includes soot, dust, smoke, and other visible particles.
- Volatile Organic Compounds (VOCs) – released from fuel fumes and industrial solvents.
- Impact: These pollutants are immediately harmful to health and easier to trace to their sources.
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About Secondary Air Pollutants:
- Definition: Secondary pollutants form in the atmosphere through chemical reactions involving primary pollutants and environmental agents like sunlight and water vapour.
- Formation Factors: Their creation depends on weather, sunlight, and existing pollutants, making them more complex.
- Key Examples:
- Ammonium sulphate and nitrate – from SO₂ and NH₃ reacting in the air.
- Ground-level ozone (O₃) – formed when NOₓ and VOCs react under sunlight.
- Acid rain components – such as sulfuric and nitric acids.
- Photochemical smog – a mix of toxic secondary pollutants in urban air.
- Impact: They contribute heavily to PM2.5 pollution and have long-lasting, widespread effects.
Highlights from CREA’s Study:
- Ammonium Sulphate Share: This secondary pollutant accounts for 34% of India’s PM2.5, averaging 11.9 μg/m³ nationwide.
- Source Link: It forms from SO₂ (mainly from coal plants) reacting with ammonia from fertilisers and waste.
- FGD Compliance: Only 8% of India’s coal plants have installed flue gas desulphurisation (FGD) units, despite regulations.
- High Exposure Zones: Within 10 km of coal plants, ammonium sulphate levels are 2.5 times higher than in distant areas.
- NCAP City Impact: In 130 cities, it contributes 20–43% of PM2.5; in 114 cities, the share exceeds 30%.
- Other Contributors: Ammonium nitrate and similar secondary compounds form up to 50% of PM2.5 in many places.
- Policy Suggestions: The study urges rapid FGD rollout, fertiliser reform, and strict pollution control enforcement.
| [UPSC 2013] Photochemical smog is a resultant of the reaction among-
Options: (a) NO 2 , O 3 and peroxyacetyl nitrate in the presence of sunlight * (b) CO 2 , O 2 , and peroxyacetyl nitrate in the presence of sunlight (c) CO, CO 2 , and NO 2 at low temperature (d) high concentration of NO 2 , O 3 and CO in the evening |
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Why in the News?
Scientists have found that Botrytis cinerea, the fungus used in high-end sweet wines, cannot be cloned because none of its nuclei carry a full set of chromosomes, a rare genetic trait among fungi.
About Botrytis Fungus:
- Overview: Botrytis cinerea, also called noble rot, is a fungus that infects ripe grapes and causes them to shrivel while concentrating sugar and flavour.
- Fungal Classification: It belongs to the ascomycetes group and produces spores in sac-like structures known as asci, each containing eight ascospores.
- Role in Winemaking: Under controlled vineyard conditions, Botrytis infection is desirable, as it enhances the sweetness and aroma of wine.
- How is Wine Made Using It?
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- Effect on Grapes: The fungus dehydrates the grapes, which increases the sugar content and concentrates flavours naturally.
- Harvesting Method: Grapes affected by Botrytis are hand-harvested, making the process labour-intensive and expensive.
- Wine Varieties Produced: It is used to produce premium dessert wines such as Sauternes (France), Tokaji Aszú (Hungary), and Trockenbeerenauslese (Germany), known for their complex flavours and high value.
Significance of Recent Findings:
- Cloning Discovery: A recent study in Science found that Botrytis cannot be cloned, as no single nucleus contains a full set of chromosomes.
- Unique Genome Structure: The chromosomes are distributed across multiple nuclei, which is unprecedented in any known fungus, animal, or plant.
- Scientific Impact: This challenges conventional genetics and may lead to new insights in genome organisation and fungal evolution.
- Dual Importance: Botrytis is now seen not only as a key player in winemaking but also as a genetic curiosity in modern science.
| [UPSC 2009] In the context of alternative sources of energy, ethanol as a viable bio-fuel can be obtained from:
(a) Potato (b) Rice (c) Sugarcane* (d) Wheat |
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Why in the News?
June 29 is observed annually as National Statistics Day in India to commemorate the birth anniversary of Prasanta Chandra Mahalanobis, hailed as the Father of Indian Statistics.
About National Statistics Day:
- Purpose: National Statistics Day is observed on June 29 each year to commemorate the birth anniversary of P.C. Mahalanobis and highlight the value of statistics in national development.
- First Observance: It was first celebrated in 2007, following a government resolution to raise awareness about the role of statistics in socio-economic planning.
- Objectives: It aims to emphasise the use of statistical tools in governance, policy-making, and development planning.
- Organizers: Events are led by the Ministry of Statistics and Programme Implementation (MoSPI) and the Indian Statistical Institute (ISI).
- Annual Themes: Each year features a dedicated theme focusing on a statistical challenge or development goal.
- Events and Outreach: Celebrations include seminars, exhibitions, competitions, and lectures across institutions.
- Commemorative Status: Though not a public holiday, it is a nationally recognized observance.
Who was P.C. Mahalanobis?
- Background: He was born on June 29, 1893, in Kolkata, into a Brahmo Samaj family.
- Education: He studied at Presidency College and later at King’s College, Cambridge.
- Legacy Title: He is hailed as the Father of Modern Statistics in India and was known as “The Professor”.
- Institution Builder: He founded the Indian Statistical Institute (ISI) and helped set up India’s Planning Commission.
- His Major Contributions:
- National Sample Survey (NSS): Launched in 1950, it enabled the systematic collection of household data for policymaking.
- Mahalanobis Distance: Introduced in 1936, it remains a widely used statistical tool for identifying outliers in data.
- Applied Statistics: He applied statistical methods to flood control in Bengal and Odisha, offering cost-effective solutions.
- Planning Vision: Mahalanobis played a key role in drafting the Second Five-Year Plan, focusing on industrialisation and state-led growth.
- Academic Promotion: He started the journal Sankhya, modeled on Biometrika, to foster statistical research in India.
- Infrastructure Vision: His early proposal led to the Hirakud Dam project, completed in 1957.
- Balanced Approach: Though viewed as pro-Soviet during the Cold War, he was admired for his intellectual integrity.
| [UPSC 2016] A recent movie titled The Man Who Knew Infinity is based on the biography of:
(a) S. Ramanujan (b) S. Chandhrashekhar (c) S. N. Bose (d) C. V. Raman |
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