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  • In India, the steady subversion of equality

    Context

    The sharp turns away from democracy seen recently in the country must jolt citizens into stopping the descent.

    Equality in democracy

    • The central edifice of a democracy, or what makes it a revolutionary idea, is equality, or that it accords an equal status to all its people.
    • The promise of the far-sighted Indian Constitution was of equal rights to all.
    • If any benefit was accorded to smaller groups, religious or linguistic minorities or Dalits, it was in order to achieve substantive equality.

    Faith as a differentiator

    • The basis of citizenship under the Citizenship (Amendment) Act 2019, allowing for non-Muslims from three countries to fast-track their citizenship, was the most serious push to introduce religion into citizenship.
    • Impact on marital choice: In terms of marital choices, laws in the country in States where the national ruling party holds sway have drawn harsh attention on inter-faith couples.
    • The Gujarat law criminalising inter-faith marriages has been called out by the Gujarat High Court.
    • But the ordinance introduced in Uttar Pradesh (Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020) is now a law.
    • Food has been criminalised: Stringent laws on cattle end up penalising those who have a certain diet, namely beef. The mood in the country created and abetted by people close to the powers that be, has led to lynchings.
    • State governments and the Union government have mostly ignored the Supreme Court’s directions in 2018 to set up fast track courts, advice to take steps to stop hate messages on social media, or compensation to victims, or bringing in an anti-mob lynching law.
    • Circumscribe where on can reside: The Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, popularly known as the Disturbed Areas Act, circumscribes where one can reside.
    • The act was brought in an atmosphere where there was communal rioting and forced displacement, to ostensibly protect communities from distress sales, the twist accorded to it over the years firmly makes the forced separation of communities. evident.

    Hostile environment

    • Scholars like Thomas Blom Hansen and Paul Brass have unhesitatingly pointed to the role of violence that has historically been acceptable in Indian society and politics.
    • Scholars like Christophe Jaffrelot have pointed out that there will not be a seamless transition to an “ethnic democracy”.
    • The Indian nation is one formed on the promise of shared and participatory kinship, which recognised Indian nationalism as being distinct from the faith you practised at home.
    • Prioritising any one identity will have disastrous consequences and history provides enough evidence of this.

    Conclusion

    The mobs read together with actions of the Union government and that of State governments mark a sharp turn away from the democracy India claims it is. That must jolt us into recognising the distance we have already travelled down the wrong path. That may be the first step to try to wrest the descent into the darkness of an apartheid state.

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  • Digital India Initiatives

    How to create a truly digital public

    Context

    Despite the push for the adoption of digital technologies, large segments of Indians still can’t access or haven’t learned to trust digital artefacts.

    Issue of exclusion

    • Recognising the power of technology to drive inclusion at a massive scale, the state is doubling down on technology to reach more citizens and serve them better.
    • However, often the paradigm of technology for such services is built around the “elite” citizen, who is comfortable with technology.
    • Often, this imagined citizen is male, urban, upper class.
    • Large segments of Indians still can’t access or haven’t learned to trust digital artefacts.
    • Many among marginalised groups struggle to access digital civic platforms, and instead rely on trusted human intermediaries.

    Suggestions to make digital space truly public

    1) Design with the citizen

    • Encouraging human-centric design, and mandating user-assessments prior to roll out of GovTech platforms should be a key priority.
    • This is a shift from the default “build first and then disseminate” approach.
    • For example, formative research and human-centric design was informative in the creation of the first UPI payments app, BHIM.
    • BHIM’s simple interface and onboarding, use of relatable iconography and multi-language capabilities played an important role in early adoption of UPI among non “digital natives”.
    • Similarly, as the “Human Account” project demonstrated, it is possible to start with users in designing pro-poor fintech products, like the “Postman Savings” product which India Post Payments Bank designed for the rural poor.

    2) Harness trusted human interface to serve those who are not comfortable with technology

    •  Local intermediaries, such as formal and informal community leaders and civil society organisations, can play a key role in bridging the digital divide.
    • Working with existing networks (for example ASHAs) or carefully setting them up (such as the Andhra Pradesh Ward Secretariat programme), where pre-existing trust, community knowledge, and embeddedness can play a significant role, should be prioritised.

    3) Institutionalise an anchor entity that brings together innovators, policy makers and researchers

    • Such an entity will help to push the frontier on citizen-centricity in GovTech.
    • Such a platform — like the Citizen Lab in Denmark — can play a role in generating formative research.
    • Embedding this research in practice by partnering with the government as well as market innovators, and working with civil society organisations to enhance access to GovTech.

    Conclusion

    As India makes rapid strides in its digitalisation journey, it is timely to invoke Gandhiji’s talisman and ensure that GovTech can serve its highest and greatest purpose, that is, serving those who are last in line.

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  • e-Commerce: The New Boom

    How ONDC seeks to democratize digital commerce?

    The department for the promotion of industry and internal trade (DPIIT) in the ministry of commerce and industry is building an open network for digital commerce (ONDC), designed to curb digital monopolies and standardize the onboarding of retailers on e-commerce sites.

    What does the ONDC aim to achieve?

    • The Unified Payment Interface (UPI) has disrupted the digital payments domain. ONDC seeks to achieve something similar for e-commerce.
    • It aims to “democratize” digital commerce, moving it away from platform-centric models like Amazon and Flipkart to an open network.
    • ONDC may enable more sellers to be digitally visible. The transactions will be executed through an open network.
    • The system may empower merchants and consumers.
    • It will eventually touch every business, from retail goods and food to mobility.

    How would ONDC work?

    • The ONDC is still work in progress and the details are not public.
    • But what we know so far is the network may make it easier for a small retailer to be discovered.

    A boon for retailers

    • Once a retailer lists its products or services using the ONDC’s open protocol, the business can be discovered by consumers on e-commerce platforms that follow the same protocol.
    • A consumer searching for the product can see the location of the seller and opt to buy from the neighbourhood shop that can deliver faster compared to an e-commerce company.
    • This may promote hyperlocal delivery of goods such as groceries, directly from sellers to consumers.

    What are the next steps?

    • A private sector-led non-profit unit will be set up to fast-track its roll-out.
    • It is expected to provide a startup mindset enabled by a management with a futuristic vision, deep understanding of commerce and comfort with cutting edge technology.
    • A non-profit company structure removes any incentive for profit maxi-mization,
    • It would keep focus on ethical and responsible behaviour while providing for trust, rigorous norms of governance, accountability and transparency.

     

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  • Police Reforms – SC directives, NPC, other committees reports

    Karnataka Gambling Law: Ambit and the High Court Challenge

    Last month, the Karnataka legislature passed a legislation to amend the Karnataka Police Act, 1963, making all forms of gambling, including online, a cognisable and non-bailable offence.

    Gambling Law

    • The Karnataka Police (Amendment) Act, 2021 was notified and came into force.
    • It is aimed for broadening the scope of gambling beyond what has been defined by law.
    • It was passed despite similar laws introduced in Tamil Nadu, Kerala and Telangana having faced legal challenges.

    What forms of gambling does the new law cover?

    • The amended law covers all forms of wagering or betting “in connection with any game of chance” with the exception of horse racing and lotteries.
    • It also puts betting on the skills of others in the category of gambling.
    • It provides an exception only to any pure game of skill and not to “wagering by persons taking part in such game of skill”.

    Penalties prescribed

    • It enhances maximum punishment for owners of gambling centres from one year to three years of imprisonment and fines from Rs 1,000 to Rs 1 lakh.
    • The minimum punishment proposed is six months instead of the current one month and the fine is Rs 10,000 instead of Rs 500.

    Implications of the law

    • Since the new law came into effect, several online gaming firms have geo-locked their apps and sites in Karnataka to prevent attracting police action if customers access the sites.

    Legal issues raised by the amended laws

    One of the primary grounds on which the new gaming laws in these states has been challenged is:

    • Games of skill: This been clubbed along with games of chance in the definition of gaming, if the games of skill are played for prizes or bets.
    • Violation of FR: Gaming companies have argued — successfully that competitive games of skill are business activities protected under Article 19 (1) (g) of the Constitution.
    • Other examples: Rummy and horse racing have been classified by the courts as games of skill that do not come under the purview of gaming laws.
    • Competence of the state: It has been argued that states do not have “legislative competence” to prohibit games of skill and that only games of chance can be regulated for gambling and betting.

    Why has Karnataka amended the law?

    • Ban on online gambling: The statement of objects and reasons justify that the new law is needed to make gambling a cognisable and non-bailable offence (gambling in public streets remains cognisable and bailable).
    • More power to Police: Other reasons cited is that police cannot raid gambling dens without a formal written order from a magistrate, since gambling is a non-cognisable and bailable offence.
    • Public demands for ban: Recent public interest litigations seeking a ban on online gaming and betting, too, have been a trigger for the amendments.
    • Illicit use of cyber-space: The new law has also been introduced to include the use of cyberspace as defined in the IT Act 2000 to curb the menace of gaming through internet.

    Will these amendments stand the test of law?

    • As mentioned, a similar law in Tamil Nadu was struck down by the Madras High Court as being ultra vires after it was challenged by online gaming firms.
    • The court ruled that- Games and sporting activities in the physical form cannot be equated with games conducted in virtual mode or in cyberspace.
    • However, when it comes to card games or board games such as chess or Scrabble, there is no distinction between the skill involved in the physical form of the activity or in the virtual form.
    • The HC said both rummy and poker are games of skill.

     

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  • Rural Distress, Farmer Suicides, Drought Measures

    Farmer suicide

    The number of agricultural labourers who died by suicide in 2020 was 18% higher than the previous year, according to the National Crime Records Bureau (NCRB) report.

    Farmers suicide in 2020

    • In 2020, 5,098 of these agricultural labourers died by suicide, an 18% rise from the 4,324 who died last year.
    • Overall, 10,677 people engaged in the farm sector died by suicide in 2020, slightly higher than the 10,281 who died in 2019.
    • They made up 7% of all suicides in the country.
    • Most of these deaths were among those whose primary work and main source of income comes from labour activities in agriculture or horticulture.
    • However, among farmers who cultivate their own land, with or without the help of other workers, the number of suicides dropped 3.7% from 5,129 to 4,940.
    • Among tenant farmers who cultivate leased land, there was a 23% drop in suicides from 828 to 639.

    State-wise data

    • The worst among States continues to be Maharashtra, with 4,006 suicides in the farm sector, including a 15% increase in farm worker suicides.
    • Other States with a poor record include Karnataka (2016), Andhra Pradesh (889) and Madhya Pradesh (735).
    • Tamil Nadu also bucked the national trend; although the total number of farm suicides in the State was slightly higher.

    Why more suicides despite a boom?

    • The farm sector was one of the few bright spots in the Indian economy since a year.
    • It recorded growth on the back of a healthy monsoon and the continuation of agricultural activities during a lockdown that crippled other sectors.
    • Hence, suicides among landowning farmers dropped slightly during the pandemic year.
    • Landless agricultural labourers who did not benefit from income support schemes such as PM Kisan may have faced higher levels of distress during the pandemic.

    General causes of farmers suicides in India

    Suicide victims are motivated by more than one cause however the primer reason is the inability to repay loans.

    • Debt trap: Major causes reportedly are bankruptcy/indebtedness, problems in the families, crop failure, illness and alcohol/substance abuse.
    • Lack of credit: Low access to credit, irrigation and technology worsens their ability to make a comfortable living.
    • Responsibility burden: In other words, debt to stress and family responsibilities as reasons were significantly higher than fertilizers and crop failure.
    • Disguised unemployment: This remains high. Fragmentation of land holdings has left far too many farmers with farms that are too small to be remunerative.
    • Mental health: One of the major causes behind suicidal intent is depression. Farmers are often subjected to fear of boycott due to societal pressures.

     

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    Back2Basics: National Crime Records Bureau (NCRB)

    • The NCRB is an Indian government agency responsible for collecting and analysing crime data as defined by the Indian Penal Code (IPC) and Special and Local Laws (SLL).
    • It is headquartered in New Delhi and is part of the Ministry of Home Affairs (MHA).
    • It 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.
    • It was set up based on the recommendation of the Task force, 1985 and National Police Commission, 197.
    • It merged the Directorate of Coordination and Police Computer (DCPC), Inter State Criminals Data Branch of CBI and Central Finger Print Bureau of CBI.

    Also read:

    [Burning Issue] Farmers’ suicide in India

     

  • Mother and Child Health – Immunization Program, BPBB, PMJSY, PMMSY, etc.

    Nationwide Pneumococcal Conjugate Vaccine (PCV) drive launched

    Union Health Minister has launched a nationwide expansion of Pneumococcal 13-valent Conjugate Vaccine (PCV) under the Universal Immunisation Programme (UIP).

    Why such drive?

    • Pneumonia was a leading cause of death among children under five, globally and in India.
    • Pneumonia caused by pneumococcus is the most common cause of severe pneumonia in children.
    • Around 16% of deaths in children occur due to pneumonia in India.
    • The nationwide roll-out of PCV will reduce child mortality by around 60%.

    Pneumococcal Conjugate Vaccine (PCV)

    • The PCV is a mix of several bacteria of the pneumococci family, which are known to cause pneumonia—hence ‘conjugate’ is included in the name of the vaccine.
    • PCV prevents pneumococcal disease. It can protect both children and adults from pneumococcal disease.
    • Such conjugate vaccines are made using a combination of two different components.

    Pneumonia vs Pneumococcal pneumonia

    • Pneumonia is a lung disease.
    • Pneumococcal pneumonia, a kind of pneumonia, can infect the upper respiratory tract and can spread to the blood, lungs, middle ear, or nervous system.
    • Pneumococcal disease is a name for any infection caused by bacteria called Streptococcus pneumonia or pneumococcus.
    • Most people carry pneumococcus in their nose and throat, where the bacteria do not cause any symptoms.

    Take this yorker from CSP 2020:

    Q.What is the importance of using Pneumococcal Conjugate Vaccines in India?

    1. These vaccines are effective against pneumonia as well as meningitis and sepsis.
    2. Dependence on antibiotics that are not effective against drug-resistant bacteria can be reduced.
    3. These vaccines have no side effects and cause no allergic reactions.

    Select the correct answer using the code given below:

    (a) 1 only

    (b) 1 and 2 only

    (c) 3 only

    (d) 1, 2 and 3

     

    Post your answers here.

     

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  • Promoting Science and Technology – Missions,Policies & Schemes

    Mission Samudrayan: India’s First and Unique Manned Ocean

    Union Minister of Earth Sciences has launched India’s First Manned Ocean Mission Samudrayan at Chennai.

    Mission Samudrayan

    • The Samudrayan project has been undertaken by the National Institute of Ocean Technology (NIOT).
    • It will be a part of the Rs 6,000 crore Deep Ocean Mission.
    • It is designed to carry 3 persons in 2.1meter diameter Titanium Alloy Personnel Sphere with an operational endurance of 12hrs and systems to support emergency endurance up to 96hrs.
    • It could work at a depth between 1000 and 5500 meters.

    Objectives

    • Samudrayan shall facilitate carrying out deep ocean exploration of the non-living resources such as polymetallic manganese nodules, gas hydrates, hydro-thermal sulphides and cobalt crusts.
    • The mission would carry out subsea activities such as high-resolution bathymetry, biodiversity assessment, geo-scientific observation, search activities, salvage operation and engineering support.

    Focus areas of the Project

    • Ocean climate change advisory services
    • Underwater vehicles
    • Underwater robotics-related technologies
    • Deep-sea mining: Exploitation of polymetallic nodules

    Components of the mission

    Some of the critical subsystems of the manned submersibles are:

    • Development of Titanium Alloy Personnel Sphere, Human support and safety system in enclosed space, low density buoyancy modules, Ballast and Trim System
    • Pressure compensated batteries and propulsion system, control and communication systems and Launching and Recovery System.

    Progress till date

    • The preliminary design of the manned submersible MATSYA 6000 is completed.
    • Sea trials of 500 metre rated shallow water version of the manned submersible are expected to take place in the last quarter of 2022 and the MATSYA 6000.
    • The deep-water manned submersible will be ready for trials by the second quarter of 2024.

    Why need such mission?

    • This manned submersible mission provides a feel of direct physical presence for researchers and has better intervention capability.
    • With the advancing subsea technologies, the recent Fendouzhe manned submersible developed by China in 2020 has touched ~11000m water depths.
    • With Samudrayan, India joins the elite club of nations such as USA, Russia, Japan, France and China to have such underwater vehicles for carrying out subsea activities.

    Back2Basics: India and International Seabed Authority (ISA)

    • The ISA, an autonomous international organization established under the 1982 United Nations Convention on the Law of the Sea, allots the ‘area’ for deep-sea mining.
    • India was the first country to receive the status of a ‘Pioneer Investor’ in 1987 and was given an area of about 1.5 lakh sqkm in the Central Indian Ocean Basin (CIOB) for nodule exploration.
    • In 2002, India signed a contract with the ISA, and after a complete resource analysis of the seabed, India surrendered 50%, and the country retained an area of 75,000 sqkm.
    • Further studies have helped narrow the mining area to 18,000 sqkm, the ‘First Generation Mine-site’.

     

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  • Start-up Ecosystem In India

    The three acts of entrepreneurship that accelerated India’s start-up ecosystem

    Context

    Three acts of entrepreneurship from five years ago — Jio, UPI, and GST — have converged to accelerate our startup ecosystem.

    Let’s look at each in more detail

    • Impact of JIO: India’s per GB internet data costs are just 3 per cent of those in the US.
    • A bold and risky $35 billion bet made by a private company transformed Indians from being data deprived to data-rich; consumption has jumped 15 times because costs fell by over 90 per cent.
    • The addition of millions of consumers and smartphones since Jio’s delightful five-year disruption of the market has exploded the most important universal metric in startup valuation — addressable market.
    • Affordable digital connectivity is transforming 75 crore of them into consumers, entrepreneurs, employees, and suppliers.
    • Role of UPI: Google’s letter to the US Federal Reserve suggesting America learn from India’s Universal Payments Interface (UPI) acknowledged that our real-time, low-cost, open-architecture payment plumbing is a public good.
    • UPI’s mobile-first architecture is a key pillar of the paperless, presenceless, and cashless framework of the Aadhaar-seeded India Stack.
    •  Impact of GST: GST attacked complexity and incentivised law-abiding supply and distribution chains.
    • It was long in the making but going live needed the risk-taking of starting with a second-best architecture, accepting some unjustifiable rates, and state revenue guarantees.
    • The doubling of indirect tax registered enterprises since GST creates a virtuous economic cycle of higher total factor productivity for enterprises and employees.

    Flourishing startup ecosystem

    • India now has the highest ratio of unlisted to listed companies with a $1 billion valuation.
    • Initial public offering documents filed by early startups like Nykaa, Paytm, Zomato and PolicyBazaar roughly average a 10x valuation rise since the triad did IPO.
    • Estimates suggest India’s startup ecosystem valuation will explode from $315 billion today to $1 trillion by 2025.

    Conclusion

    Gandhiji’s notion of democracy — where the weakest have the same opportunity as the strongest — needs an economic meritocracy only possible when entrepreneurs have all the ingredients in the right proportions.

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  • Water Management – Institutional Reforms, Conservation Efforts, etc.

    What India’s new water policy seeks to deliver

    Context

    Over a period of one year, the committee set up to draft the new National Water Policy (NWP) received 124 submissions by state and central governments, academics and practitioners. The NWP is based on the striking consensus that emerged through these wide-ranging deliberations.

    Major suggestion in NWP

    Demand-side: Diversification of public procurement operations

    • Irrigation consumes 80-90 per cent of India’s water, most of which is used by rice, wheat and sugarcane.
    • Thus, crop diversification is the single most important step in resolving India’s water crisis.
    • The policy suggests diversifying public procurement operations to include nutri-cereals, pulses and oilseeds.
    • This would incentivise farmers to diversify their cropping patterns, resulting in huge savings of water.

    2) Reduce-Recycle-Reuse

    • Reduce-Recycle-Reuse has been proposed as the basic mantra of integrated urban water supply and wastewater management, with treatment of sewage and eco-restoration of urban river stretches, as far as possible through decentralised wastewater management.
    • All non-potable use, such as flushing, fire protection, vehicle washing must mandatorily shift to treated wastewater.

    3) Supply-side measure: Using technology to utilised stored water in dams

    • Within supply-side options, the NWP points to trillions of litres stored in big dams, which are still not reaching farmers.
    • NWP suggests how the irrigated areas could be greatly expanded at very low cost by deploying pressurised closed conveyance pipelines, combined with Supervisory Control and Data Acquisition (SCADA) systems and pressurised micro-irrigation.

    4) Supply of water through “nature-based solutions”

    • The NWP places major emphasis on supply of water through “nature-based solutions” such as the rejuvenation of catchment areas, to be incentivised through compensation for ecosystem services.
    • Specially curated “blue-green infrastructure” such as rain gardens and bio-swales, restored rivers with wet meadows, wetlands constructed for bio-remediation, urban parks, permeable pavements, green roofs etc are proposed for urban areas.

    5) Sustainable and equitable management of groundwater

    • Information on aquifer boundaries, water storage capacities and flows provided in a user-friendly manner to stakeholders, designated as custodians of their aquifers, would enable them to develop protocols for effective management of groundwater.

    6) Rights of Rivers

    • The NWP accords river protection and revitalisation prior and primary importance.
    • Steps to restore river flows include: Re-vegetation of catchments, regulation of groundwater extraction, river-bed pumping and mining of sand and boulders.
    • The NWP outlines a process to draft a Rights of Rivers Act, including their right to flow, to meander and to meet the sea.

    7) Emphasis on water quality

    • The new NWP considers water quality as the most serious un-addressed issue in India today.
    • It proposes that every water ministry, at the Centre and states, include a water quality department.
    • The policy advocates adoption of state-of-the-art, low-cost, low-energy, eco-sensitive technologies for sewage treatment.
    • Widespread use of reverse osmosis has led to huge water wastage and adverse impact on water quality.
    • The policy wants RO units to be discouraged if the total dissolved solids count in water is less than 500mg/L.
    • It suggests a task force on emerging water contaminants to better understand and tackle the threats they are likely to pose.

    8) Reforming governance of water

    • The policy makes radical suggestions for reforming governance of water, which suffers from three kinds issues: That between irrigation and drinking water, surface and groundwater, as also water and wastewater.
    • Government departments, working in silos, have generally dealt with just one side of these binaries.
    • Dealing with drinking water and irrigation in silos has meant that aquifers providing assured sources of drinking water dry up because the same aquifers are used for irrigation, which consumes much more water.
    • And when water and wastewater are separated in planning, the result is a fall in water quality.

    9) Creation of National Water Commission

    • The NWP also suggests the creation of a unified multi-disciplinary, multi-stakeholder National Water Commission (NWC), which would become an exemplar for states to follow.
    • Governments should build enduring partnerships with primary stakeholders of water, who must become an integral part of the NWC and its counterparts in the states.

    Conclusion

    The new National Water Policy calls for multi-disciplinary, multi-stakeholder approach to water management.

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  • Should the NDPS Act be amended?

    • The Union Ministry of Social Justice and Empowerment has proposed certain changes to some provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985.
    • The recommendations have assumed importance in the backdrop of some high-profile drug cases including the recent arrest of Bollywood actor’s son.

    What is NDPS Act?

    • The NDPS Act, 1985 is the principal legislation through which the state regulates the operations of narcotic drugs and psychotropic substances.
    • It provides a stringent framework for punishing offenses related to illicit traffic in narcotic drugs and psychotropic substances through imprisonments and forfeiture of property.
    • This is a stringent law where the death penalty can be prescribed for repeat offenders.

    Key amendments suggested

    • To decriminalise the possession of narcotic drugs in smaller quantities for personal purposes.
    • Persons using drugs in smaller quantities be treated as victims.

    Issues with the NDPS Act

    Ans. First arrest and then investigate

    • First arrest and then investigate seems to be the principle for investigations under the NDPS Act.
    • Section 50 of the Act (conditions under which search of persons shall be conducted) needs to be followed scrupulously.
    • When officials stumble upon a person carrying drugs during raids or a routine check, the drugs must be seized in front of a Gazetted Officer or a Magistrate.

    Why such provision?

    • In cases of sudden development, the suspect is taken to the nearby Magistrate or the latter is brought to the spot and then only drugs are seized.
    • If this is not adhered to, the court acquits the accused persons. Only then the next stage of investigation commences.
    • While tracking drugs cases, investigators go from consumers to drug suppliers.

    Is there any scope of mi-use?

    • It is not possible at all. Once cannot manage all the people all the time.
    • Since the seizure procedure is to be followed, there could be one Magistrate at the time of seizing drugs, another during further investigation and a different Magistrate at the time of trial.
    • Moreover, governments can change.

    Challenges in enforcing the NDPS Act

    (a) Peddling

    • Since drug peddling is an organised crime, it is challenging for the police to catch the persons involved from the point of source to the point of destination.
    • Identifying drugs that are being transported is a challenge since we cannot stop each and every vehicle that plies on Indian roads.

    (b) Transportation

    • Most drug bust cases are made possible with specific information leads.
    • Unless we check every vehicle with specially trained sniffer dogs, it is difficult to check narcotic drugs transportation.

    (c) Production

    • The main challenge is to catch those producing these substances. Secret cultivation are mostly carried on in LWE affected areas.
    • Going beyond State jurisdiction, finding the source of narcotic substances and destroying them is another big challenge.

    (d) Delay in trials

    • Securing conviction for the accused in drugs cases is yet another arduous task. There are frequent delays in court procedures.
    • Sometimes, cases do not come up for trial even after two years of having registered them.
    • By then, the accused are out on bail and do not turn up for trial.
    • Bringing them back from their States to trial is quite difficult let alone getting them convicted.

    Other Challenges

    (a) Growing hopelessness in society

    • The COVID-19 pandemic, for instance, has aggravated anxieties among the youth.
    • Joblessness and livelihood losses are the major push factors.

    (b) Issues in rehabilitation

    • The proposal to send persons to rehabilitation centres is good on paper but we do not have the infrastructure to ensure that it is properly implemented.
    • We don’t have adequate de-addiction centre counsellors. We face an acute shortage of psychiatrists and counsellors.

    Issues in legalization of drugs

    • Legalisation of drugs usage will only compound the problem.
    • It could lead to the proliferation of drugs.
    • It is dangerous. More and more people may start using them.

    Way forward

    • We need to thoroughly examine why and how people are getting addicted to narcotic drugs.
    • No doubt the NDPS Act is stringent, but we need to make a distinction between the drug peddler and the end user.
    • The person using it in smaller quantities for personal use cannot be bracketed with the person producing narcotic drugs.
    • We need to make a clear distinction between a drug supplier and an end user.
    • A drug user needs to be seen as a patient. The Act as of now prescribes jail for everyone — the end user and the drug supplier.
    • Instead of suggesting proposals to change sections of the law for the entire country, it would be advisable to introduce this on a pilot basis in one State that faces an acute drugs-related problem.

    Conclusion

    • We should examine the root cause of the problem.
    • Relying only on law-enforcing agencies, however hard they are at work to address the problem, is not going to solve it.
    • Civil society and governments will have to work together to create an enabling environment to address the issue.

     

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