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

    Breaking the politicians-criminals-bureaucrats nexus

    14 July 2020 | op-ed snap | Governance
    Mains GS2: Executive & Judiciary, Governance, Transparency & Accountability, Citizens Charters

    The root cause of impunity with which police perpetrated crimes lies in the in a nexus. The nexus between politicians, criminals and government functionaries needs to be broken down. This article suggests the ways to do that.

    The context

    • The recent custodial deaths in Tamil Nadu and encounter of a criminal by the UP police showed the police in a bad light.
    • However, when we dig deeper into the problem we realise that its root lies in the nexus of politicians, criminals and the government functionaries.

    Past attempt to break the nexus

    • In 1993, the Vohra Committee had submitted a report on the nexus between the criminals, politicians and government functionaries.
    • DIB suggested that an institution be set up to effectively deal with the menace.
    • There were discussions in parliament, but the matter ended there.
    • There was hardly any follow-up action.

    Criminalisation of politics

    • The number of members of parliament with criminal background has been going up with every successive election.
    • It was, according to the Association of Democratic Reforms, 30 per cent in 2009, 34 per cent in 2014 and 43 per cent in 2019.
    • The present UP Assembly has 36 per cent or 143 MLAs with criminal cases against them.
    • This lead to the administration turning a blind eye to the illegal activities of the criminals.
    • The nexus has proliferated and grown in strength down the years.
    • It creates an environment where the criminals who are part of the nexus are able to dodge the due processes of law.

    Suggestions

    • 1) We must have a law which debars persons with serious criminal cases from entering the assemblies and the Parliament.
    • 2) The criminal justice system must be revamped as recommended by the Malimath Committee.
    • 3) The Supreme Court’s directions on police reforms must be implemented.
    • 4) An institution comprising representatives of the police/CBI/NIA, IB, IT department, Revenue Intelligence and Enforcement Directorate should be set up to monitor the activities of the mafia and criminal syndicates in the country.
    • 5) A Central act on the lines of MCOCA should be enacted to curb the activities of organised criminal gangs.
    • 6) The concept of federal crime, as recommended by the Second Administrative Reforms Commission, should be accepted.
    • Crimes with all-India ramifications or are trans-national in character, like those of terrorism and organised crimes, should be brought within the ambit of federal crimes.

    Consider the question “The nexus of criminals, politicians and government functionaries is at the root of many problems the country faces today. Examine the problems created by the nexus and suggest ways to deal with the problem.”

    Conclusion

    We must, without further delay, build an environment where police become an instrument of service to the people, where monsters like Dubey do not thrive and become a menace to society.

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  • Temple entry for women : Gender Equality v/s Religious Freedom

    Padmanabhaswamy Temple Verdict by the Supreme Court

    14 July 2020 | SC Judgements | Polity
    Mains GS2: Executive & Judiciary

    Reversing the 2011 Kerala High Court decision, the Supreme Court upheld the right of the Travancore royal family to manage the property of deity at Sree Padmanabha Swamy Temple in Thiruvananthapuram.

    Try this question from CSP 2016:

    Q.In the context of the history of India, consider the following pairs

    Term              Description
    1.  Eripatti Land, revenue from which was set apart for the maintenance of the village tank
    2. Taniyurs Villages donated to a single Brahmin or a group of Brahmins
    3. Ghatikas Colleges generally attached to the temples

    Which of the pairs given above is/are correctly matched?

    a) 1 and 2

    b) 3 only

    c) 2 and 3

    d) 1 and 3

    What did the apex Court say?

    • The court said that as per customary law, the shebait rights (right to manage the financial affairs of the deity) survive with the members of the family even after the death of the last ruler.
    • The ruling ends the legal battle the temple and members of the royal family have fought with the government for decades over control of one of the richest temples in the world.

    What is the case about?

    • The central legal question was whether the heirs of the last Ruler of Travancore could claim to be the “Ruler of Travancore” after the death of the ruler in 1991.
    • The court examined this claim within the limited meaning of that term according to the Travancore-Cochin Hindu Religious Institutions Act, 1950 to claim ownership, control and management of the ancient Temple.

    Earlier cases of ownership: A background

    • All the temples which were under the control and management of the erstwhile Princely States of Travancore and Cochin were under the control of the Travancore and Cochin Devaswom Boards before 1947.
    • However, as per the Instrument of Accession signed, since 1949, the administration of the Padmanabhaswamy Temple was “vested in trust” in the Ruler of Travancore.
    • The state of Kerala was carved out in 1956 but the temple continued to be managed by the erstwhile royals.

    The legal battle

    • In 1971, privy purses to the former royals were abolished through a constitutional amendment stripping their entitlements and privileges.
    • The move was upheld in court in 1993 and the last ruler of Travancore who died during the pendency of this case continued to manage the affairs of the temple till then.
    • In 1991, when the last ruler’s brother took over the temple management, it created a furore among devotees who moved the courts leading to a long-drawn legal battle.

    Is the temple the property of the royal family?

    • The character of the temple was always recognised as a public institution governed by a statute.
    • The argument of the royal family is that the temple management would vest with them for perpetuity, as per custom.
    • Even though the last ruler executed a detailed will bequeathing his personal properties, he had not included the Sree Padmanabhaswamy Temple as his personal property or dealt with it in his will.

    What about the treasure in the vaults?

    • A consequence of who has administrative rights over the temple is whether the vaults of the temple will be opened.
    • In 2007, the heir claimed that the treasures of the temple were the family property of the royals.
    • Several suits were filed objecting to this claim and a lower court in Kerala passed an injunction against the opening of the vaults.
    • The Kerala High Court in the 2011 ruling passed an order that a board be constituted to manage the affairs of the temple, ruling against the royal family.

    What impact would this ruling have?

    • Since 2011, the process of opening the vaults has led to the discovery of treasures within the Padmanabhaswamy temple, prompting a debate on who owns temple property and how it should be regulated.
    • Despite being a secular country that separates religion from the affairs of the state, Hindu temples, its assets are governed through statutory laws and boards heavily controlled by state governments.
    • This system came into being mainly through the development of a legal framework to outlaw untouchability by treating temples as public land; it has resulted in many legal battles.

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  • Foreign Policy Watch: India-Iran

    Chabahar Rail Project

    14 July 2020 | | International Relations
    Mains GS2: India & Its Neighborhood – Relations

    The Iranian government has decided to proceed with the construction of Chabahar Rail Project on its own, citing delays from the Indian side in funding and starting the project.

    What is the issue?

    • Four years ago, India and Iran signed an agreement to construct a rail line from Chabahar port to Zahedan, along the border with Afghanistan.
    • The Iranian Railways will proceed without India’s assistance, using approximately $400 million from the Iranian National Development Fund.
    • The development comes as China finalizes a massive 25-year, $400 billion strategic partnership deal with Iran, which could cloud India’s plans.

    The Chabahar Rail Project

    • It is a 628 km Chabahar-Zahedan line, which will be extended to Zaranj across the border in Afghanistan.
    • The entire project would be completed by March 2022.
    • It was meant to be part of India’s commitment to the trilateral agreement between India, Iran and Afghanistan to build an alternate trade route to Afghanistan and Central Asia.

    Why did Iran omit India from the project?

    • Despite several site visits by engineers, and preparations by Iranian railways, India never began the work, ostensibly due to worries that these could attract U.S. sanctions.
    • The U.S. had provided a sanctions waiver for the Chabahar port and the rail line to Zahedan, but it has been difficult to find equipment suppliers and partners due to worries they could be targeted by the U.S.
    • India has already “zeroed out” its oil imports from Iran due to U.S. sanctions.

    The contentious partnership with China

    • Iran and China are close to finalising a 25-year Strategic Partnership which will include Chinese involvement in Chabahar’s duty-free zone, an oil refinery nearby, and possibly a larger role in Chabahar port as well.
    • The cooperation will extend from investments in infrastructure, manufacturing and upgrading energy and transport facilities, to refurbishing ports, refineries and other installations.
    • It is also rumoured that the Chabahar port will be leased to China surpassing India.
    • Iran had proposed a tie-up between the port at Gwadar and Chabahar last year and has offered interests to China in the Bandar-e-Jask port 350km away from Chabahar, as well as in the Chabahar duty-free zone.

    Back2Basics: India-Iran Partnership over Chabahar Port

    • In 2016, India signed a deal with Iran entailing $8 billion investment in Chabahar port and industries in Chabahar Special Economic Zone.
    • The port is being developed as a transit route to Afghanistan and Central Asia.
    • India has already built a 240-km road connecting Afghanistan with Iran.
    • All this were expected to bring cargo to Bandar Abbas port and Chabahar port, and free Kabul from its dependence on Pakistan to reach the outer world.
    • Completion of this project would give India access to Afghanistan and beyond to Turkmenistan, Uzbekistan, Tajikistan, Kyrgyzstan, Kazakhstan, Russia and Europe via 7,200-km-long multi-modal North-South Transport Corridor (INSTC).

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  • Wildlife Conservation Efforts

    Dehing Patkai WLS to be upgraded into National Park

    14 July 2020 | Prelims Only | Environment
    Mains GS3: GS3-18.Conservation, Environmental Pollution and Degradation, Environmental Impact Assessment.

    The Assam government has decided to upgrade Dehing Patkai Wildlife Sanctuary into a National Park.

    Try this question from CSP 2019:

    Which one of the following National Parks lies completely in the temperate alpine zone?

    (a) Manas National Park

    (b) Namdapha National Park

    (c) Neora Valley National Park

    (d) Valley of Flowers National Park

    Dehing Patkai WLS

    • Dehing Patkai WLS is located in the Dibrugarh and Tinsukia Districts of Assam and covers an area of 111.19 sq. km rainforest.
    • It is located in the Dehing Patkai landscape which is a dipterocarp-dominated lowland rainforest.
    • It spreads across the coal- and oil-rich districts of Upper Assam (Dibrugarh, Tinsukia and Sivasagar) and is believed to be the last remaining contiguous patch of lowland rainforest area in Assam.
    • The WLS due to their importance for elephant habitat was declared as Dehing-Patkai Elephant Reserve under Project Elephant.
    • Post upgradation, Dehing Patkai will be the sixth national park in Assam — the other five being Kaziranga, Nameri, Manas, Orang and Dibru-Saikhowa.

    Back2Basics:

    [Prelims Spotlight] National Parks, Biosphere Reserves, Wildlife Sanctuaries in India – Part 2

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  • Tribes in News

    Who are the Tangams?

    14 July 2020 | States | History
    Mains GS1: Population & Associated Issues

    Last week Arunachal CM released a book titled “Tangams: An Ethnolinguistic Study Of The Critically Endangered Group of Arunachal Pradesh”.

    Try this question from CSP 2019:

    Q.Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India:

    1. PVTGs reside in 18 States and one Union Territory.
    2. A stagnant or declining population is one of the criteria for determining PVTG status.
    3. There are 95 PVTGs officially notified in the country so far.
    4. Irular and Konda Reddi tribes are included in the list of PVTGs.

    Which of the statements given above are correct?

    (a) 1, 2 and 3

    (b) 2, 3 and 4

    (c) 1, 2 and 4

    (d) 1, 3 and 4

    Who are the Tangams?

    • The Tangams is a little-known community within the larger Adi tribe of Arunachal Pradesh and resides in the hamlet of Kugging in Upper Siang district’s Paindem circle.
    • In 1975, the community’s population was pegged at 2,000 spread across 25 villages.
    • From 2016 to 2020, a team from the Centre for Endangered Languages (CFEL) of Rajiv Gandhi University (RGU), carried out extensive field research and documented the community.
    • Their survey revealed that Tangams were now concentrated in only one village (Kugging), with only 253 reported speakers.
    • As per the UNESCO World Atlas of Endangered Languages (2009), Tangam — an oral language that belongs to the Tani group, under the greater Tibeto-Burman language family — is marked ‘critically endangered’.

    Why are there only a few speakers?

    • Kugging is surrounded by a number of villages inhabited by Adi subgroups such as Shimong, Minyongs, as well as the Buddhist tribal community of Khambas, among others.
    • To communicate with their neighbours over the years, the Tangams have become multilingual, speaking not just Tangam, but other tongues such as Shimong, Khamba and Hindi.
    • They rarely speak their own language now since their population is restricted to a single village. Moreover, the Tangams are relatively unknown — even within their state.
    • The village lacks proper infrastructure in all basic sectors of education, health, drinking water facilities, road and electricity. Roads have reached Kugging only in 2018.
    • Not a single person from the community has gone to university.

    Why are the languages at risk?

    • The diversity of languages has led various communities to depend on English, Assamese and colloquial variety of Hindi called Arunachalee Hindi as the link languages.
    • Many believe this shift has led to the loss of native languages of the tribal communities.
    • Even the numerically larger tribes like Nyishi, Galo, Mishmi, Tangsa etc. whose population exceed the ten thousand mark are also not safe from endangerment, hence marked unsafe.
    • The younger generation of these tribes especially in the urban areas has mostly discarded the use of their mother tongue.

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  • Mapping: Islands of Polynesia

    14 July 2020 | Prelims Only | Trivia
    Mains GS1: GS1-15.Geographical features and their location- Changes in critical geographical features (including water-bodies and ice-caps) and in flora and fauna and the effects of such changes.

    How did the Polynesian peoples come to live on the far-flung islands of the Pacific? The question has intrigued researchers for centuries.

    The newscard contains some trivial facts. However, aspirants are advised to observe the map.

    Study on Polynesia

    • Norwegian explorer Thor Heyerdahl brought the topic to public attention when he sailed a balsa-wood raft called the Kon-Tiki from Peru to Polynesia in 1947.
    • His goal was to demonstrate such voyages were possible, supporting theories linking Polynesian origins to the Americas.
    • Decades of research in archaeology, linguistics and genetics now show that Polynesian origins lie to the west, ultimately in the islands of Southeast Asia.

    New evidence for American interlopers

    • A new study published in Nature reports genetic evidence of Native American ancestry in several Polynesian populations.
    • Other researchers have previously found evidence of indigenous American DNA in the genomes of the modern inhabitants of Rapa Nui.
    • Rapa Nui, also known as Easter Island, is the part of Polynesia closest to South America.
    • This suggests the “Amerindian” genetic component was likely introduced later via Chilean colonists.

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  • Climate Change Impact on India and World – International Reports, Key Observations, etc.

    Mapping: Mont Blanc

    14 July 2020 | Prelims Only | Environment
    Mains GS1: GS1-14.Important Geophysical phenomena such as earthquakes, Tsunami, Volcanic activity, cyclone etc.,

    The melting Mont Blanc glacier in the French Alps yielded a clutch of newspapers with banner headlines from when Indira Gandhi became India’s first and so far only woman Prime Minister in 1966.

    Try this MCQ

    Q.The Mont Blanc in the Alps can be located near the conflux of which of the following two countries?

    a)France and Spain

    b)France and Italy

    c)Spain and Italy

    d)Greece and Slovenia

    Mont Blanc

    • Mont Blanc is the second-highest mountain in Europe after Mount Elbrus. It is the highest mountain in the Alps and Western Europe.
    • It rises 4,808 m above sea level and is ranked 11th in the world in topographic prominence.
    • The mountain stands in a range called the Graian Alps, between the regions of Aosta Valley, Italy, and Savoie and Haute-Savoie, France.
    • It is the tallest peak in the Alps and the highest summit in Western Europe, hence its epithet the “Roof of Europe”.

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  • Urban Transformation – Smart Cities, AMRUT, etc.

    Smart Cities Mission and the public health

    13 July 2020 | op-ed snap | Governance
    Mains GS2: Governance, Transparency & Accountability, Citizens Charters, Government Scheme/Policies, GS2-13.Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.

    “Smart Cities Mission” lacks the focus on public health. This article highlights the consequences of this. The article suggests strengthening the of local governments and provisions for the livelihood through an urban employment guarantee scheme.

    “Smart Cities Mission”: Progress so far

    • The ‘Smart Cities Mission’, a flagship programme of the government, completed five years, in June 2020.
    •  The Mission had sought to make 100 selected cities “smart”.
    • Cities are being developed under “Area-Based Development” model.
    • Under this model, a small portion of the city would be upgraded by retrofitting or redevelopment.
    • Many of the projects undertaken under the ‘Smart Cities Mission’ are behind schedule.
    • According to the Ministry of Housing and Urban Affairs, of the 5,151 smart city projects, only 1,638 projects have been completed.
    • In terms of expenditure, of the total investment of ₹2,05,018 crore, only projects worth ₹26,700 crore have been completed.

    Lack of focus on Public health in Smart Cities Mission

    • ‘Smart Cities Mission’ has given little importance to basic services such as public health.
    •  An analysis shows that only 69 of over 5,000 projects undertaken under the Mission were for health infrastructure.
    • These projects are for an estimated cost of ₹2,112 crore, amounting to just around one per cent of the total mission cost.
    • Hence, public health seems to be a major blind spot in India’s smart city dreams.

    Public Health: Essential local government function

    • ‘Smart Cities Mission’ had the stated aim of improving the quality of life of urban residents.
    • Further, public health is an essential local government function in India’s constitutional scheme.
    • As per the 74th Amendment ( 12th Schedule), “public health” is one of the 18 functions that are to be devolved to the municipalities.
    • However, public health infrastructure of cities has often been neglected over the years.

    Strengthening Local Governments

    • Success of Kerala in containing the pandemic has shown how a decentralised political and administrative system can be effective.
    • It is important to strengthen local government capacities.
    • Investment in urban public health systems is needed.
    • Promoting programmes that improve the livelihoods of urban vulnerable communities should be the priority.
    • Programs such as the National Urban Livelihoods Mission and National Urban Health Mission, need to be strengthened.

    Focus on Urban Employment

    • It is time to consider the introduction of a national urban employment guarantee programme.
    • Kerala has been running such a scheme since 2010.
    • States such as Odisha, Himachal Pradesh and Jharkhand have also recently launched similar initiatives in the wake of the COVID-19 crisis.

    Consider the question “Covid pandemic has highlighted the lack of focus on public health in our Smart Cities Mission. Suggest the measures to make our cities resilient and source of livelihood. 

    Conclusion

    As Indian cities face an unprecedented challenge, it is important to get the priorities of urban development right and invest in programmes that improve the health and livelihoods of its residents.

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

    Policing the police

    13 July 2020 | op-ed snap | Governance
    Mains GS2: Governance, Transparency & Accountability, Citizens Charters

    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.

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  • Electoral Reforms In India

    Election Commission (EC)’s power to delay elections

    13 July 2020 | Explained | Polity
    Mains GS2: Representation Of People’s Act

    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/

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