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  • Reframing the Guidelines of Capital Punishment

    Capital

    Context

    • CJI, Justice Lalit had displayed unique sensitivity to the plight of the condemned ‘death row prisoners’ in Anokhi Lal vs State of M.P. (2019), Irfan vs State of M.P., Manoj and Ors vs State of M.P. (May 2022) and impart corrections in the form of creative directions/guidelines.

    What is capital punishment?

    • Capital punishment, sometimes called death penalty, is execution of an offender sentenced to death after conviction by a court of law for a criminal offense.
    • It should be distinguished from extrajudicial executions carried out without due process of law.
    • The term death penalty is sometimes used interchangeably with capital punishment, though imposition of the penalty is not always followed by execution, because of the possibility of commutation to life imprisonment.

    Capital

    Background of capital punishment

    • Bachan Singh case: In Jagmohan Singh vs State of UP’ (1973), then in ‘Rajendra Prasad vs State of UP’ (1979), and finally in ‘Bachan Singh vs State of Punjab’ (1980) the Supreme Court affirmed the constitutional validity of the death penalty.
    • Punishment according to fair procedure: It said that if capital punishment is provided in the law and the procedure is a fair, just and reasonable one, the death sentence can be awarded to a convict.
    • Rarest of rare case: This will, however, only be in the “rarest of rare” cases, and the courts should render “special reasons” while sending a person to the gallows.

    What is “rarest of rare” case?

    • The principles of what would constitute the “rarest of rare” were laid down by the top court in the landmark judgment in ‘Bachan Singh’.
    • Two prime questions, the top court held, may be asked and answered:
    • First: is there something uncommon about the crime which renders the sentence of imprisonment for life inadequate and calls for a death sentence?
    • Second: are there circumstances of the crime such that there is no alternative but to impose the death sentence even after according to maximum weightage to the mitigating circumstances which speak in favor of the offenders?

    Why existing guidelines are problematic?

    • Arbitrary sentencing: There has long been a judicial crisis in death penalty sentencing on account of unprincipled sentencing, arbitrariness and worrying levels of subjectivity. The crisis has been acknowledged by the Supreme Court, the Law Commission of India, research scholars and civil society groups.
    • Crime-centric nature: Death penalty sentencing has been, by and large, crime-centric. This approach goes against the requirements imposed on sentencing judges by the Supreme Court in Bachan Singh (1980).
    • Nature of crime a dominant consideration: An important reason for the breakdown is that factors relating to the crime the nature of the crime and its brutality are often dominant considerations, and there is barely any consideration of mitigating factors.
    • Little discussion on mitigating factors: There has been very little discussion on bringing the socioeconomic profile of death row prisoners as a mitigating factor into the courtroom.

    capital

    What are new guidelines through recent judgement?

    • Considering Potential mitigating circumstances: The focus here is on reframing ‘Framing Guidelines Regarding Potential Mitigating Circumstances to be Considered While Imposing Death Sentences’, a decision authored by the three judge Bench (the current CJI and Justices Ravindra Bhat and Sudhanshu Dhulia, September 19, 2022).
    • Seeking remedies beyond Legislative and judicial limitation: Such a reference to a larger Bench would constitute yet another step in the direction of death penalty sentencing justice reform such as the legislative limitation flowing from Section 354(3) in the Code of Criminal Procedure; judicial limitation flowing from the ‘rarest of rare’ case; and ‘oral hearing’ after all the remedies to the condemned are exhausted.
    • Mitigating factors are important: Justice Ravindra Bhat did not stop at paying lip service to ‘rarest of rare’ case limitation, but also required the sentencing court to take the trouble of balancing the aggravating factors and mitigating factors, as per the full Bench ruling.
    • The following observations of the Court are significant: “It is also a fact that in all cases where imposition of capital sentence is a choice of sentence, aggravating circumstances would always be on record, and would be part of [the] prosecutor’s evidence, leading to conviction, whereas the accused can scarcely be expected to place mitigating circumstances on the record, for the reason that the stage for doing so is after conviction.
    • Granting real and meaningful opportunity: The three judge Bench decision seems to have gone beyond sentencing incongruities when it observes: “This court is of the opinion that it is necessary to have clarity in the matter to ensure a uniform approach on the question of granting real and meaningful opportunity, as opposed to formal hearing to the accused/convict on the issue of sentence.”

    Conclusion

    • Free, fair and transparent opportunity has been given to accused while awarding the death sentence. Supreme court of India has rightly laid down the guidelines through judgement for sentencing the capital punishment to prevent the arbitrary use and misuse of capital punishment.

    Mains Question

    Q. What are the issues with death penalty guidelines in India? What are the new guidelines by SC regarding capital punishment?

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  • Revitalizing India’s Spectrum Policy

    Spectrum

    Context

    • It is widely acknowledged that spectrum policy in India has had ups and downs, regretfully more downs than ups. Despite the recognized failure, India hosts 800 million internet users and host the second-largest telecommunications network in the world. We wonder what might have been achieved with a more reasonable and transparent spectrum policy.

    Background

    • On September 22, the government released the draft Indian Telecommunication Bill, 2022 seeking to replace the colonial era Indian Telegraph Act, 1885.
    • The draft bill compares spectrum to aatma: “In a way, spectrum is similar to aatma, like aatma, spectrum too does not have any physical form, yet it is omnipresent.” And yet there is one immutable difference in this material world. While the value of aatma is inestimable, spectrum has always had a banal price tag associated with it.

    Spectrum

    What is Draft Indian Telecommunication Bill, 2022?

    • The draft Indian Telecommunication Bill, 2022 is an attempt by the Department of Telecommunications (DoT) to consolidate various legislations presently governing the telecommunication landscape in India.
    • The Bill seeks to replace three laws, the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933 and the Telegraph Wires (Unlawful Possession) Act, 1950.
    • The new regulatory framework is to bring the law at par with technological advancements and remove obsolete provisions from the colonial era laws.

    What is mean by Spectrum?

    • In physics, it’s a word that describes the distribution of something, like energy or atomic particles
    • Spectrum refers to the invisible radio frequencies that wireless signals travel over. Devices such as cell phones and wireline telephones require signals to connect from one end to another.
    • These signals are carried on airwaves, which must be sent at designated frequencies to avoid any kind of interference. The frequencies we use for wireless are only a portion of what is called the electromagnetic spectrum.
    • The Union government owns all the publicly available assets within the geographical boundaries of the country, which also include airwaves.
    • With the expansion in the number of cell phones, wireline telephone and internet users, the need to provide more space for the signals arise from time to time.

    The status of Spectrum policy in India?

    • Host the second largest telecommunications network despite of failures:
    • It is widely acknowledged that spectrum policy in India has had ups and downs, it has for the most part failed to capitalize on the ubiquity of the electromagnetic spectrum to provide meaningful connectivity to all citizens.
    • Despite the recognized failure, we boast of a billion plus mobile subscribers, 800 million internet users and host the second-largest telecommunications network in the world.
    • Ineffective access widening space of digital divide:
    • The intent of the draft bill is to correct past sins so that the benefits of spectrum and technology are better shared, and the quality of access improved for everybody.
    • In other words, since effective access to spectrum has remained a significant barrier to facilitating meaningful connectivity for Indians.
    • Spectrum’s potential is huge but with technical limitations:
    • The draft bill rightly refers to the spectrum as having the characteristics of a public good. It is also an inexhaustible resource. But while spectrum per se is not depletable, there are technical limitations to its optimum utilization at a given point in time.
    • Consequently, it is viewed as a scarce natural resource and what’s more, expensive auctions have made the spectrum dear and arguably exclusionary.
    • High cost of spectrum acquisition:
    • Since 2010, the government has consistently used auctions for spectrum allocation and in only one of the seven auctions held since then, the government was successful in selling 100 per cent of the available spectrum. One reason for this lukewarm response, barring the 2010 auction, is the high cost of spectrum acquisition.
    • High cost of auctions leading to revenue loss for the government:
    • Due to the high reserve price, the most recent auction witnessed spectrum being sold at the reserve price, effectively rendering the basis of an auction moot.
    • If almost all spectrum was sold at its reserve price, and a significant amount goes unsold, it implies that the price was too high, to begin with. It also implies a loss of revenue for the government for spectrum unsold is spectrum squandered.
    • Finally, it results in areas being underserved or unserved affecting quality and quantity.
    • High network charges by operators impacts compromising equal distribution and quality:
    • According to one estimate, at 7.6 per cent of their aggregate revenue, spectrum cost in India is amongst the most expensive in the world.
    • Since network operators incur a significantly higher cost for spectrum compared to other emerging markets, the ability to invest in network upgradation and infrastructure is severely impacted, resulting in uneven distribution of service and poor quality to boot.

    Spectrum

    What Could be the fresh approach?

    • Acknowledging and addressing the issues:
    • It must be recognized that the spectrum needs to be combined with other infrastructure to enable service delivery.
    • The cost of deploying other infrastructure in remote areas is nearly twice as much, while revenue opportunities are far lower, damaging if not destroying the prospects of rural businesses. Plugging the digital divide, therefore, needs a fresh approach.
    • Correcting the cost of spectrum and boosting investment:
    • Since licences and spectrum are typically assigned for service areas that are, for the most part, identified by state boundaries.
    • Since operators predominantly cater to urban markets, the spectrum in remote areas remains under- or in places un-utilized due to a lack of investment in allied infrastructure.
    • Reviving the old and executing the fresh provisions enshrined in draft bill for equitable sharing:
    • The draft bill incorporates practical provisions on the spectrum such as use it, share it, or lose it – an awaited policy that, however, needs innovative support to be successful. The idea of “niche operators” providing services including to telecom operators and manufacturers, introduced in 2005, needs revival in this regard.
    • If licensed operators are unable to utilise the assigned spectrum, the same could be given to local entrepreneurs who understand the needs of rural customers and are better placed to develop a more effective business case more quickly than the larger telcos. Active promotion of the idea of niche operators might just jolt operators out of their lethargy towards rural services.
    • Adopting innovative methods:
    • Alternatively, the government may explore innovative methods of spectrum access such as a non-competitive licensing framework for certain specific use cases.
    • Canada, for instance, has initiated consultations on a non-competitive local licensing framework in the 3900-3980 MHz Band and portions of the 26, 28 and 38 GHz bands to inter alia facilitate broadband connectivity in rural areas.
    • Emphasizing on Transparency and enhancing healthy competition:
    • The government should build an ecosystem that inspires trust so that transparency in assignment can be secured at a reasonable price for operators with strict service obligations without the phantasm of auctions.
    • At the same time, there should be no unsold spectrum. Niche operators should be invoked to engender competition, and government could yet collect revenue for itself.

    Spectrum

    Conclusion

    • The telecom is no longer an end in itself. It exists for user industries much more than ever before. The spill over benefits are far greater than what the sector commands within. Thus, to state the obvious, the vision that is “Digital India” can never be realized if affordable broadband connectivity remains only within the reach of a few.

  • [Burning Issue] China as India’s ‘Frenemy’

    Context

    • China has placed a hold on the proposal to designate Shahid Mahmood as a global terrorist under the 1267 Al Qaeda Sanctions Committee of the UN Security Council. It is the fourth time that China has blocked an India-US proposal in recent months.
    • Some analysts reckon that India and China are fated to remain “frenemies” — entities that share the characteristics of both friends and enemies – and for reasons that have puzzled observers around the world.
    • In this context, in this edition of the burning issue, we will analyze the ‘Frenemy’ relations between the two nations.

    Beginning of India-China Relations

    • The two countries have played up their cultural links-such through the importation of Buddhism into China by wandering Chinese monks more than 1,500 years ago.
    • India and China got independence from the British yoke at the almost same time in the late 1940s. India and China established diplomatic relations on 1st April 1950.
    • India was the first non-socialist country to establish relations with the People’s Republic of China and the catchphrase ‘Hindi Chini Bhai Bhai’ became famous.
    • Both countries attended the Asian-African Conference in which 29 countries participated in Bandung, Indonesia and jointly advocated the Bandung Spirit of solidarity, friendship and cooperation.

    Who is a frenemy?

    • When two countries share interests in multiple arenas such as economic prosperity, regional and global stability, counterterrorism, non-proliferation, energy security, and climate change, but they differ in the ways they pursue those common interests, which creates a constant tension in the relationship, such a pair of countries are called Frenemies in International Relations.
    • For example, India-China, China-Taiwan, China-Japan etc.

    China as a friend: Areas of Cooperation

    Political Relations

    • Border Peace agreement: In 1993, an Agreement on the Maintenance of Peace and Tranquility along the Line of Actual Control (LAC) on the India-China Border Areas was signed to bring stability and substance to bilateral ties. In 2008, the two countries have also extended their strategic and military relations.
    • High-Level Dialogue Mechanism: India and China have also established a High-Level Dialogue Mechanism on Counter-Terrorism and Security.
    • Provincial Leaders Forum: To facilitate exchanges between Indian states and Chinese provinces, States/Provincial Leaders Forum was established.

    Commercial and Economic Relations

    • Investments: China will establish two Industrial Parks in India and expressed its intention to enhance Chinese investment in India. In 2019, Chinese investors invested $6.68 billion in Indian start-ups across 232 deals.
    • Bilateral Trade: The India-China trade is on course to cross USD 100 billion for the second consecutive year as it has gone up to USD 67.08 billion in the first half of this year amid a big surge of Chinese exports.
    • Multiple economic dialogues: Trade and Economic Relationships are shaped through various dialogue mechanisms such as Joint Economic Groups led by the Commerce Ministers of both sides, Strategic Economic Dialogues led by the Vice Chairman of NITI Aayog and the Chairman of National Development and Reform Commission of China.
    • Asian infrastructure and investment bank: India also was a founding member of the China-backed Asian Infrastructure Investment Bank, which plans to be formally established by year’s end and seeks to emulate institutions such as the World Bank and International Monetary Fund. 

    Cultural Relations

    • Movies: India and China have entered into an agreement on the co-production of movies.
    • Kailash yatra ease: MoU was signed to open an additional route for Kailash Mansarovar Yatra through Nathu La.
    • Yoga promotion: Yoga is becoming increasingly popular in China. China was one of the co-sponsors of the UN resolution designating June 21 as the International Day of Yoga

    Education Relations:

    • Education Exchange Programme: India and China signed Education Exchange Programme (EEP), which is an umbrella agreement for educational cooperation between the two countries.
    • Hindi scholarship: Chinese students are also annually awarded scholarships to study Hindi at Kendriya Hindi Sansthan, to learn Hindi

    Indian Community

    • Students and professionals: Presently around 35,500 Indians are staying in China, and students and working professionals form a major part of it.
    • PICFA: Pondicherry India China friendship association is an NGO dedicated to developing people-to-people relations between India and China in the areas of education, culture and tourism.

    Multilateral cooperation

    • BRICS, SCO and RIC grouping: Both are members of the BRICS grouping of emerging economies, which is now establishing a formal lending arm, the New Development Bank. Also, both nations are members of the Shanghai Cooperation Organisation and Russia-India-China informal dialogue minilateral.
    • Voice for Developing nations: both nations serve as the voice of the developing countries at WTO and climate change negotiations.

    China as enemy

    • Arunachal affinity of China: Beijing recently renamed 15 places in Arunachal Pradesh, following the six it had done in 2017. China justifies the renaming as being done based on its historical, cultural and administrative jurisdiction. In January 2022, Beijing’s new land border law came into force, which provides the People’s Liberation Army (PLA) with full responsibility to take steps against “invasion, encroachment, infiltration, provocation” and safeguard Chinese territory.
    • Doklam and Galwan incidents: in 2017, where, for 70 days, Indian and Chinese troops faced off on the doklam plateau, it is that it has led Chinese President Xi Jinping and Indian Prime Minister Narendra Modi to institutionalize their informal summits to avoid a repeat performance of these types of confrontations.
    • Belt Road Initiative: India has objected to this, since its inception on grounds of violating its sovereignty pointing to China Pakistan Economic Corridor.
    • Beijing’s non-reciprocation of goodwill: India’s support to China on global issues has not led to Beijing’s reciprocation for instance: China opposed India’s permanent membership to the UN Security Council and entry into NSG, The U.N. Security Council as a permanent member.
    • UN Blockings: Blocking of U.N. listings of Pakistani terrorists at the UNSC and also bringing resolution in UNSC against India’s Article 370 abrogation move.
    • Huge Trade deficit: India faces a trade imbalance heavily in favor of China. In 2017-18, the trade deficit has gone wide to US$62.9 billion in China’s favor.
    • Border disputes: Two countries failed to resolve their border dispute and steadily established military infrastructure along border areas Indian media outlets have repeatedly reported Chinese military incursions into Indian territory
    • China’s presence in IOR: China has expressed concerns about Indian military and economic activities in the disputed South China Sea. The same way India is also concerned about rising Chinese activities in the Indian Ocean.
    • Pakistan’s all-weather support: China’s strong strategic bilateral relations with Pakistan and other neighboring countries like Nepal and Bhutan are the cause of concern as these countries act as buffer states.

    What are the options for India to ‘manage’ China: Way forward

    • Inevitable Race: The prevailing tension on the China-India border is a symptom of the broader strategic competition between the two Asian neighbors.
    • Quad grouping: Immediately after the clashes, India leaned toward the Quad a grouping of the United States, Australia, Japan, and India with multiple summit meetings and other engagements. Until that point, India was unwilling to refer to the Quad as the Quad, instead using the cumbersome India-Australia-Japan-United States grouping.
    • Equal seriousness: Both sides should treat the military escalation in eastern Ladakh with equal seriousness.
    • Armed coexistence: Even after the resolution of the present standoff in eastern Ladakh, both sides may be in a prolonged period of armed coexistence as a new normal. As the forces on both sides are likely to be relatively balanced, it would be advantageous for both to return to the agreements and understandings from 1993 onward and improve upon them. Clarifying the LAC is a crucial step in this effort.
    • Address trade imbalance: India has flagged the unsustainable trade imbalance at the front and center of the relationship, and this has gone unaddressed. China will need to work on resolving the trade deficit with India. At any rate, decoupling will happen selectively, in the same way, and for the same reasons that China is choosing to decouple from the United States. A balanced trade and economic relationship might lay a solid foundation for future relations, given the size of both economies.
    • Dialogue is necessary: Better understanding of each other’s regional initiatives through open dialogue is important to build trust. The Indo-Pacific vision is as much a developmental necessity for India as the BRI may be for China. Part of building trust must be an open discussion on each other’s intentions in key regions South Asia and the northern Indian Ocean and East Asia and the western Pacific as well as respect for each other’s special positions in the western Pacific and northern Indian Oceans.
    • Protect the core interest: The two sides would need to accommodate the legitimate interests of the other side on key partnerships: China’s with Pakistan and India’s with the United States. These may not be desirable, but in the current circumstances neither will give up its partners, and both India and China could talk through a modus vivendi on the red lines of concern.

    EAM S. Jaishankar’s Suggestion to deal with China

    The External Affairs Minister suggested “Three Mutuals” and “Eight Broad Propositions” as a way forward for the relationship.

    Three mutuals

    • Mutual Respect and Mutual Sensitivity to each other concerns and Mutual Interests to cooperate are the “determining factors” for India-China relations to grow.

    Eight Major propositions

    • Adhering to commitment: The first proposition was that agreements already reached must be adhered to in their entirety, both in letter and in spirit.
    • Respect for LAC: Both sides also needed to strictly observe and respect the LAC, and any attempt to unilaterally change the status quo was completely unacceptable.
    • Maintaining peace and tranquillity: Peace and tranquillity in border areas were the basis for the development of the relationship in other domains. If that was disturbed, he said, the rest of the relationship would be too.
    • Broader partnership: The fourth proposition was that while both remain committed to a multipolar world, they should recognize that a multipolar Asia was one of its essential constituents.
    • Reciprocity: While each state had its interests, concerns and priorities, sensitivities to them could not be one-sided and relations were reciprocal in nature. As rising powers, neither should ignore the other’s set of aspirations.
    • Divergences management: While both sides had made a common cause on development and economic issues and common membership of plurilateral groups was a meeting point, there were divergences when it came to interests and aspirations.
    • Civilizational ties: The last proposition was that as civilizational states, India and China must always take the long view.
    • Cooperation and competition: Even before the events of 2020, the relationship had reflected a duality of cooperation and competition.

    Conclusion

    • India-China relations, though occasionally showing signs of peace and cooperation, have often been afflicted by tension and mistrust. With the potential to make big contributions to regional peace and development, these two Asian powers have, by design or accident, themselves been the sources of regional tension and insecurity to some extent.
    • The two countries are standing at a crossroads, and this might be the final chance to take the path to the coexistence of cooperation and competition. If not, a new phase of antagonistic rivalry may be starting, with the countries sliding into possible confrontation as the strategic periphery of China collides with the strategic backyard of India in the Indian Ocean region.
    • Therefore, China and India should be “Good Neighbors, Good Friends,” as both countries are “important engines of the world economic growth.” By building on that theme, the two countries should “enhance dovetailing of the two countries’ development strategies” to build a “manufacturing partnership.”
    • As Kissinger once said: ‘There are no permanent friends or enemies in international relations, only interests. This is the single most important lesson India should keep in mind if it wants to keep its ‘frenemy’ in check.

  • UAPA gave an impetus to fight against terror: PM

    The Prime Minister has said that Central laws such as the Unlawful Activities (Prevention) Act (UAPA) had given an impetus to the system in a decisive fight against terrorism.

    What is Unlawful (Activities) Prevention Act (UAPA)?

    • The UAPA is aimed at effective prevention of unlawful activities associations in India.
    • Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
    • It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
    • It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
    • Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.

    What are Unlawful Activities and Associations?

    • The UAPA lays down the definitions and rules for designating an organisation as an “unlawful association” if it is engaged in certain types of activities.
    • Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”.
    • The government can then issue a notification designating such an organisation as a terrorist organisation, if it believes that the organisation is part of “terrorist activities.”

    (1) Unlawful Activites

    • Under section 2(o) of the UAPA, an unlawful activity in relation to an individual or association means – Any action taken by such an individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), –
    1. Works for the Cession of a part of the territory of India or the secession of a part of the territory of India from the Union
    2. Disclaims, questions, disrupts or is intended to Disrupt the sovereignty and territorial integrity of India; or
    3. which causes or is intended to cause Disaffection against India;
    • Related and ancillary acts, including financing, support or promotion of any such activities are also “unlawful activity”.

    (2) Unlawful Association

    The UAPA also defines an “Unlawful Association” under section 2(p) as meaning any association,–

    1. which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity or
    2. which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity

    Reported abuse of UAPA

    • The PUCL report studied data from the National Crime Records Bureau (NCRB) from 2015 to 2020.
    • It has found per-case conviction rate under the UAPA was 27.57% compared with 49.67% in Indian Penal Code (IPC) cases.
    • The per-arrestee conviction rate was just 2.8% against 22.19% in IPC cases.
    • This is far less to figure of the success of having UAPA.

    Cases registered under UAPA

    • During the check period, 5,924 cases were registered and 8,371 persons arrested.
    • The National Investigation Agency, on its website, had listed 456 cases of which 78% involved UAPA charges.

    Other issues with UAPA

    • Burden of proof: With such high barriers of proof, it is now impossible for an accused to obtain bail, and is in fact a convenient tool to put a person behind bars indefinitely.
    • No interim bail: As a consequence of UAPA being applied, the accused cannot even get bail.
    • Traitor branding: This is being abused by the government, police and prosecution liberally: now, all dissenters are routinely implicated under charges of sedition or criminal conspiracy and under the UAPA.
    • Fake and framed cases: In multiple instances, evidence is untenable, sometimes even arguably planted, and generally weak overall.

    Way forward

    • Even within the constraints of the UAPA, much can be achieved if a responsive and independent judiciary follows the basic principles of natural justice and due process.
    • The governments need to consider the issue of pendency of cases under UAPA and take steps to address the issues by either repealing certain provisions or ensuring speedy trials.

    Conclusion

    • Terrorism is no petty crime.
    • It is sometimes necessary to infringe on due process of a few citizens in order to protect the larger humanity.

     

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  • PM calls for ‘One Nation, One Uniform’ for Police

    uniform

    Prime Minister has pitched the idea of “One Nation, One Uniform” for Indian police forces.

    One Nation One Uniform

    • PM urged that the identity of police across the country should be the same.
    • This suggestion is in line with his broader attempt to introduce a uniform set of policies across the country.

    How can this be achieved?

    • Law and order is a State Subject.
    • The Indian Constitution puts police forces under the jurisdiction of state governments, and each of the 28 states have their own police force.
    • Both ‘public order’ and the ‘police’ are placed in List II (State List) of the Seventh Schedule of the Constitution, which deals with the division of powers between the Union and States.
    • In the circumstances, it is unclear how the PM’s suggestion, if the government were to take it up seriously, might be implemented.

    Why such move?

    Ans. Inconsistencies in attire

    • While police personnel in India are often associated with the colour khaki, their uniforms do differ in varying degrees in different regions.
    • For example:
    1. Kolkata Police wear white uniforms
    2. Puducherry Police constables wear a bright red cap with their khaki uniforms
    3. Delhi Traffic Police personnel wear white and blue uniforms

    Changes in police uniforms

    Over the years, police departments of various states have made various attempts to reform uniforms for their personnel.

    • Maharashtra: In February 2018, in a bid to prevent colour variation in the uniform of its personnel, the Maharashtra police had decided to provide dope-dyed khaki fabric for its staff. Again, the Maharashtra DGP issued a circular discontinuing the practice of wearing a “tunic uniform” for officers from the rank of Police Sub Inspectors (PSI) to Deputy Superintendent (DySP).
    • Karnataka: In October 2018, the Karnataka Police announced that women personnel would no longer wear khaki saris, rather a khaki shirt and trousers while on duty. This would make it easier for policewomen to do their job and improve their effectiveness in dealing with crime.
    • New Delhi: The Delhi Police had asked the National Institute of Fashion Technology (NIFT) to design fresh uniforms, with an immediate focus on clothing that would be more comfortable.

    Other such moves

    • In August this year, the Ministry of Chemicals and Fertilisers announced that it had implemented the “One Nation One Fertiliser” scheme.
    • The Centre in August 2019 had introduced the “One Nation One Ration Card” scheme.
    • PM has also repeatedly suggested the implementation of “One Nation, One Election”, and adopting a single voter list for all polls.

     

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  • What is Air Quality Index (AQI)?

     

    air

     

     

    Air Quality Index (AQI)

    • AQI measures how safe the air around you is for breathing. Organizations that report AQI measure the density of various pollutants in the air (such as PM2.5, PM10, nitrogen dioxide, ozone, etc) at different monitoring stations.
    • The widely-used National Air Quality Index (NAQI) given by the Central Pollution Control Board is a 24-hour average.
    • Its unit is micrograms per cubic meter.
    • A particular amount of one pollutant may not be as harmful as the same amount of another pollutant.
    • So, each pollutant’s quantity in the air is adjusted to a common scale (say, 0 to 500) that works for all pollutants.
    • Finally, the pollutant with the worst sub-index determines the AQI for that time and location.

    What are NAAQ standards?

    • The mandate provided to the Central Pollution Control Board (CPCB) under the Air (Prevention and Control of Pollution) Act empowers it to set standards for the quality of air.
    • Hence the current National Ambient Air Quality Standards were notified in November 2009 by the CPCB.
    • Prior to this, India had set Air Quality standards in 1994, and this was later revised in 1998.
    • The 2009 standards further lowered the maximum permissible limits for pollutants and made the standards uniform across the nation.
    • Earlier, less stringent standards were prescribed for industrial zones as compared to residential areas.

    Pollutants covered:

    • Sulphur Dioxide (SO2)
    • Nitrogen Dioxide (NO2),
    • Particulate Matter (size less than 10 µm) or PM 10
    • Particulate Matter (size less than 2.5 µm) or PM2.5
    • Ozone (O3)
    • Carbon Monoxide (CO)
    • Ammonia (NH3)

    (Air Pollutants that most of us NEVER heard of)

    • Lead
    • Benzene (C6H6)
    • Benzo(a)Pyrene (BaP)
    • Arsenic(As)
    • Nickel (Ni)

    What are Initiatives taken by India for Controlling Air Pollution?

    • System of Air Quality and Weather Forecasting and Research (SAFAR) Portal
    • Air Quality Index: AQI has been developed for eight pollutants viz. PM2.5, PM10, Ammonia, Lead, nitrogen oxides, sulphur dioxide, ozone, and carbon monoxide.
    • Graded Response Action Plan
    • For Reducing Vehicular Pollution: BS-VI Vehicles, Push for Electric Vehicles (EVs),Odd-Even Policy as an emergency measure
    • New Commission for Air Quality Management
    • Subsidy to farmers for buying Turbo Happy Seeder (THS) Machine

     

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  • Arts in news: Tambo Art

    tambo

    Wayanad farmer creates Ashoka Chakra using Tambo art.

    What is Tambo Art?

    • Tambo art is an artistic technique that consists of creating a design with different varieties of rice directly in a rice field.
    • The origin of this art can be traced to Japan where people plant paddy of various varieties and hues to create the desired images.
    • The image of Ashoka Chakra has been created using four varieties of paddy seeds such as Nazar bath, Kala bath, Kaki sala and Ramlee.
    • They will ripen in shades that range from brown to golden, light brown to black, green to black and green to white and black.

     

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  • 28th Oct| Daily Answer Writing Enhancement

    Topics for Today’s questions:

    GS-1          Important Geophysical phenomena such as earthquakes, Tsunami, Volcanic activity, cyclone. etc., 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. 

    GS-2         Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure

    GS-3        Land reforms in India.

    GS-4        Ethics and Human Interface; Human Values – lessons from the lives and teachings of great leaders, reformers and administrators

    Question 1)

     

    Q.1 Give an account of the global distribution of volcanoes and explain why they are mainly concentrated along the Pacific Ring of Fire. (10 Marks)

     

    Question 2)

    Q.2 Despite the constitutional division of powers, Centre-state disputes have been a perennial feature of Indian democracy. Discuss with examples. (10 Marks)

    Question 3)

    Q.3 Digitizing land records will go a long way in ensuring land reforms as well as lessening the burden on the Indian Judiciary. Elaborate. Also, state the measures taken in this context. (10 Marks)

    Question 4)  

    Q.4 Elucidate Swami Vivekananda’s ideas on nationalism. (10 Marks)

     

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  • Nutrition, Not Hunger Should Be the Priority

    Nutrition

    Context

    • The fountainhead is a 16-year-old German and Irish organization, which measures and ranks countries on a hunger index at the global, regional, and national levels, but not at the sub-national level where some Indian states fare better. The Global Hunger Index’s (GHI) stated aim is to reduce hunger around the world. But its methodology focuses disproportionately on less than five-year-old’s.

    Problematic methodology of GHI

    • Mixing the hunger and nutrition: In common parlance, hunger and nutrition are two different things. Hunger is associated with food scarcity and starvation. It produces images of emaciated people holding empty food bowls.
    • Wrong data collection methods: GHI uses childhood mortality and nutrition indicators. But its preamble states “communities, civil society organizations, small producers, farmers, and indigenous groups shape how access to nutritious food is governed.”
    • Irony of food grain availability: This suggests that GHI sees hunger as a food production challenge when, according to the FAO, India is the world’s largest producer and consumer of grain and the largest producer of milk; when the per capita intake of grain, vegetables and milk has increased manifold. It is, therefore, contentious and unacceptable to club India with countries facing serious food shortages, which is what GHI has done.

    Data according to the latest National Family Health Survey Report

    • Comparative state level data collection: The sensational use of the word hunger is abhorrent given the facts. But there is no denying that in India, nutrition, particularly child nutrition, continues to be a problem. Unlike the GHI, the National Family Health Survey (NFHS) does a good job of providing comparative state-level data, including the main pointers that determine health and nutrition.
    • Crucial health parameters included: NFHS provides estimates of underweight, (low weight for age), stunting (low height for age) and wasting (low weight for height). These conditions affect preschool children (those less than 6 years of age) disproportionately and compromise a child’s physical and mental development while also increasing the vulnerability to infections.
    • Undernourishment is included: Undernourished mothers (attributable to social and cultural practices,) give birth to low-birth-weight babies that remain susceptible to infections, transporting their handicaps into childhood and adolescence. NFHS includes undernourishment parameter.

    Why nutrition is the best indicator of health?

    • Link between nutrition and disease: There are links between the nutritional status of young children with the post-neonatal phase when children suffer from acute respiratory infections and diarrhoeal diseases. Sanitation and hygiene require much more work.
    • Diet and food intake is important: Professor V Subramanian at the Harvard Chan School of Public Health writes, “There is a need to declutter the current approaches to child undernutrition by keeping it simple. I advise against a disproportionate focus on anthropometry (body measurements); instead, the need is to have a direct engagement with actual diet and food intake.”

    Nutrition

    How to overcome the child nutrition challenge?

    • Improving the breast feeding: The first child nutrition challenge relates to breastfeeding. The WHO and UNICEF recommend that breastfeeding should be initiated within the first hour of birth and infants should be exclusively breastfed for the first six months. According to NFHS 5, in India, the percentage improvement of children who were exclusively breastfed when under six months, rose from 55 per cent in NFHS 4 to 64 per cent in NFHS 5. That is progress, but it is not enough. By not being breastfed, an infant is denied the benefits of acquiring antibodies against infections, allergies and even protection against several chronic conditions.
    • Better nutritional practice: The second issue relates to young child feeding practices. At root are widespread practices like not introducing semi-solid food after six months, prolonging breastfeeding well beyond the recommended six months and giving food lacking in nutritional diversity. NFHS 5 shows that the improvement has been marginal over the last two reports and surprisingly, states like Maharashtra, Rajasthan, Assam, UP and Gujarat are at the tail end.
    • Continuation of nutrition programmes: Almost one dozen nutrition programmes have been under implementation since 1975. Several more have been added of late, but most beneficiaries of these food distribution programmes are kids attending anganwadis or schools, adolescents, and pregnant and lactating mothers. This must continue but new-Borns, infants, and toddlers need attention too. Monitoring weight is an indicator, not a solution.
    • States must be encouraged: States should be urged to examine the NFHS findings to steer a new course to improve the poshan practices for the youngest and the most vulnerable sections of society.
    • Better child rearing practices: Helping mothers to better the lives of their infants and toddlers right inside the home by measuring and demonstrating how much diet, food intake and child-rearing practices matter.

    Nutrition

    Conclusion

    • We should lose no more time over the GHI rankings, which are distorted and irrelevant. India has successfully overcome much bigger problems reduced maternal and child mortality, improved access to sanitation, clean drinking water and clean cooking fuel. Our focus should be on nutrition rather than hunger.

    Mains Question

    Critically analyze the India’s hunger problem in light of Global Hunger Index. What are initiatives of Government of India to overcome hunger and nutrition challenge?

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  • Declining Funding to Welfare Schemes

    Context

    • Over the past three years, over 50% of existing central government sponsored schemes have been discontinued, subsumed, revamped or rationalized into other schemes. The impact has been varied across Ministries.

    Social welfare Schemes which are discontinued, subsumed or revamped

    • Schemes under Ministry of women and child development: There are just three schemes now out of 19 schemes, i.e., Mission Shakti, Mission Vatsalya, Saksham Anganwadi and Poshan 2.0. Mission Shakti itself replaced 14 schemes which included the ‘Beti Bachao, Beti Padhao’ scheme.
    • Schemes under Ministry of animal husbandry and dairy: Just two schemes remain out of 12. Additionally, the Ministry has ended three schemes which include Dairying through Cooperatives, National Dairy Plan II, etc.
    • Schemes under Ministry of Agriculture and Farmers’ Welfare: There are now three out of 20 (Krishonnati Yojana, Integrated Scheme on Agricultural Cooperatives and the Rashtriya Krishi Vikas Yojana), while there is little information on the National Project on Organic Farming or the National Agroforestry Policy.

    Government spending on fertilizers

    • Declining fertilizer subsidies: Subsidies having been in decline over the last few years; actual government spending on fertilizers in FY2021 reached ₹1,27,921 crore. In the FY2122 Budget, the allocation was ₹79,529 crore (later revised to ₹1,40,122 crore amidst the COVID19 pandemic). In the FY2223 Budget, the allocation was ₹1,05,222 crore.
    • Price rise in NPK fertilizers: Allocation for NPK fertilizers (nitrogen, phosphorus, and potassium) was 35% lower than revised estimates in FY2122. Such budgetary cuts, when fertilizer prices have risen sharply after the Ukraine war, have led to fertilizer shortages and farmer anguish.

    The status of other important schemes

    • Reduced budget of MGNREGA: The allocation for the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) went down by approximately 25% in the FY2223 Budget earlier this year, with the allocated budget at ₹73,000 crore when compared to the FY21-22 revised estimates of ₹98,000 crore. The Economic Survey 2022-23 has highlighted that demand for the scheme was higher than pre-pandemic levels as rural distress continues. Anecdotal cases show that actual funding disbursal for MGNREGA has often been delayed, leading to a decline in confidence in the scheme.
    • The Garib Kalyan Rojgar Abhiyaan: The GKRAY (June 2020, for a period of 125 days) sought to provide immediate employment and livelihood opportunities to the rural poor; approximately 50.78 crore person days of employment were provided at an expenditure of approximately ₹39,293 crore (against an announced budget of ₹50,000 crore, Ministry for Rural Development). The scheme subsumed 15 other schemes. With between 60 million to 100 million migrant workers who seek informal jobs, such a scheme should have been expanded.
    • Delayed payments for Accredited Social Health Activists (ASHA): ASHA, who are the first responders, there have been delays in salaries for up to six months. Regularisation of their jobs continues to be a struggle, with wages and honorariums stuck at minimum levels. There is one more example. Biodiversity has also been ignored.
    • Less funding or wildlife habitat development: Funding under the Ministry of Environment, Forest and Climate Change has declined: from ₹165 crore (FY18-19), to ₹124.5 crore (FY19-20), to ₹87.6 crore (FY2021). Allocations for Project Tiger have been slashed ₹323 crore (FY18-19) to ₹194.5 crore (FY20-21). A pertinent question is about meeting climate change obligations in the face of funding cuts.

    What are the reasons behind slashing of Funds?

    • Funds lying idle: There are challenges such as funding cuts, disbursement and utilization of funds. As of June 2022, ₹1.2 lakh crore of funds meant for central government sponsored schemes are with banks which earn interest income for the Centre.
    • Some of the unutilized funds: For instance, the Nirbhaya fund (2013) with its focus on funding projects to improve the public safety of women in public spaces and encourage their participation in economic and social activities is an interesting case; ₹1,000 crore was allocated to the fund annually (2013-16), and remained largely unspent. As of FY2122, approximately ₹6,214 crore was allocated to the Nirbhaya fund since its launch, but only ₹4,138 crore was disbursed. Of this, just ₹2,922 crore was utilised; ₹660 crore was disbursed to the Ministry of Women and Child Development, but only ₹181 crore was utilised as of July 2021.

    Various reasons for corruption in implementation of welfare programmes:

    1. Lack of scrutiny: Government schemes are meant to implement at local level. Lack of effective scrutiny through timely inspections, audits lead to unaccountability and gross mismanagement of funds.
    2. Lack of awareness: Due to illiteracy and unawareness of various government schemes and its provisions lead to corruption. False beneficiaries, fake documents are used to misuse funds meant for the benefit of schemes.
    3. Weak enforcement of laws: Weak enforcement of laws for punishing corrupt has led to a sense of fearlessness among corrupts. India’s anti-corruption law has failed to punish the corrupt and instil fears regarding corruption.
    4. Political inaction: Most of the time, officials involved in corruption have political backing. Many times politicians or their family members are involved in corruption. Thus, any effort to punish the culprit goes in vain due to political interference.
    5. Centralised administration: The welfare bureaucracy is deeply centralised that comes at the cost of building a local government system that is genuinely responsive to citizen needs.
    6. Judicial delays: Judiciary in India is overburdened. A case of corruption drags for years. In the meantime, the culprit is able to destroy the evidence against him and influence the judiciary.
    7. Weak local governance: Local governance is must for effective implementation of welfare programmes. Due to absence of strong Panchayats and lack of effective local scrutiny the programmes are used as an opportunity for corruption.

    What should be the way forward?

    • State should get more funding for welfare: Rather than downsizing government schemes and cutting funding, one should right size the government. After the Goods and Services Tax reform, the Centre-State relationship has been transformed, with fiscal firepower skewed towards the Centre.
    • Need of efficient civil services: Our public services require more doctors, teachers, engineers and fewer data entry clerks. We need to build capacity for an efficient civil service to meet today’s challenges, i.e., providing a corruption free welfare system, running a modern economy and providing better public goods.
    • Making public service delivery effective: Rather than having a target of fewer government schemes, we should raise our aspirations towards better public service delivery.

    Conclusion

    • Welfare schemes are absolutely necessary where large population still lives under poverty. Inflation and unemployment further exacerbate the problem. Rather than reduction or cutting the funds government should rationalize the spending on welfare schemes.

    Mains Question

    Why is there continuous decline in spending on various welfare schemes? How can government rationalize its spending on welfare schemes?

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