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  • Police reforms in India

    Context

    • There is a widely shared view that the All India Services, which provided the ‘steel frame’ of governance in a democratic India, particularly on the police front, are failing to deliver.
    • This is because of the declining decision-making ability of its officers, their smugness arising from notions of total employment security, and the inadequacy of parameters used for evaluating their performance.
    • Anti-corruption bureau Was Constituted To Shield Corrupt Politicians, Officers From Lokayukta: Karnataka High Court

    Role of Police

    • Law enforcement: The basic role of the police is to function as a law enforcement agency and render impartial service to law, without any heed to wishes, indications or desires expressed by the government which either come in conflict with or do not conform to the provisions contained in the constitution or laws.
    • Service delivery: The police should have duly recognised service-oriented role in providing relief to people in distress situations. They should be trained and equipped to perform the service oriented functions.

    Issues with police institution

    • Public relationship: The police-public relations relationship, which is crucial to effective policing, is troubled by a severe lack of confidence.
    • Public perception towards police: Most people believe police to be abusive and also believe that police personnel misuse their power in order to bring order to society.
    • Police Accountability: Police priorities are constantly changed at the request of political leaders. This obstructs police officers’ ability to make professional decisions
    • Overburdened force and vacancies: A high percentage of vacancies in police departments exacerbates an already-existing problem of overworked officers. Given India’s low police strength per lakh population in comparison to international standards, each police officer is also responsible for a huge group of people.
    • Infrastructure: The weapons used by lower police forces are obsolete and cannot match modern weaponry used by anti-social elements.
    • Custodial Death: There are many cases on custodial death means Death by torture/pressure in police/judicial custody.
    • The dilemmas and challenges:

    (1) The Ubiquitous infrastructure (2) Explosion of police tasks (3) Dis-functionalism of rural police (4) Anomalous personnel system (5) The colossal ignorance of either side (6) The fragility of the equipment (7) The paradox of para militarism (8) Non-development to policing

    Steps taken till now

    • Establishment of a Central Police Committee:

    A Central Police Committee to look after the functions of consultancy and monitoring be

    Created because an expert agency is required by the Central Government and the State

    Security Commissions to advise them on matters relating to:

    (i) Police Organisation and police reforms of a general nature;

    (ii) Central grants and loans to the State Police Forces for their modernisation and Development; and

    (iii) Budgetary allotments to State Police Forces.

    • Enactment of a Model Police Act:

    The Police Act of 1861 replaced by a new Police Act, which not only changes the

    System of superintendence and control over the police but also enlarges the role of the

    Police to make it function as an agency which promotes the rule of law in the country and

    Renders impartial service to the community.

    • The Prime Minister’s call for making the police a SMART force: standing for a force which is:
    1. Strict and Sensitive,
    2. Modern and Mobile,
    3. Alert and Accountable,
    4. Reliable and Responsive,
    5. Tech-savvy and trained.
    Malimath committee:

    • Government had set up (November, 2000) a Committee under the Chairmanship
    • of Justice V.S. Malimath , a former Chief Justice of the Karnataka and Kerala High
    • Courts to consider and recommend measures for revamping the Criminal Justice System.

    Key recommendations :

    • Strengthening of training infrastructure, forensic
    • Science laboratory and Finger Print Bureau,
    • Enactment of the new Police Act,
    • Setting up of Central Law Enforcement agency to take care of federal crimes
    • Separation of the investigation wing from the law and order wing in the police stations,
    • Improvement in the investigation by creating more posts.

    Some suggestions for better policing:

    • Screen for Implicit Bias and Aggression: State legislatures should pass legislation that requires current and prospective police officers to undergo mandatory implicit bias testing
    • Focus on Collaborative Approaches to Policing: Police departments should rely upon collaborative approaches that respect the dignity of individuals within the community; focus on problem-solving; and are generally more community centered and build community trust.
    • Encourage Consistent Monitoring and Screening: Police departments should create early warning systems for detecting patterns of behaviour, such as complaints filed against officers or personal hardships like divorce, which indicate potential vulnerabilities for the officer and the department.
    • Use Video Recording to Promote Accountability: Legislatures should require that police interrogations be electronically recorded “during the time in which a reasonable person in the subject’s position would consider themselves to be in custody and a law enforcement officer’s questioning is likely to elicit incriminating responses.
    • Increase the use of special prosecutors in police misconduct investigations
    • Enhancing the collection of data on fatalities involving police

    Conclusion

    • India is the target of an ever-growing list of terrorist groups, insurgent forces and criminal networks.
    • Even petty criminals are now in possession of hi-tech gadgets that allow them better access and reduce their chances of being caught.
    • In such an environment, the need for skill and competency up-gradation of the police force is a sine qua non.

    Q. What is smart policing? Considering the rise in custodial deaths give some suggestions to improve criminal justice delivery system in India.

     

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  • What is the Criminal Procedure (Identification) Act, 2022?

    While the Criminal Procedure (Identification) Act, 2022 was enacted earlier this year, the Ministry of Home Affairs notified it to come into effect from August 4, 2022. It also repeals the existing Identification of Prisoners Act, 1920.

    What is the Criminal Procedure (Identification) Act, 2022?

    • This act provides legal sanction to law enforcement agencies for “taking measurements of convicts and other persons for the purposes of identification and investigation of criminal matters”.
    • The Minister of Home Affairs has observed that with advancements in forensics, there was a need to recognise more kinds of “measurements” that can be used by law enforcement agencies for investigation.

    What is the use of identification details in criminal trials?

    • Measurements and photographs for identification have three main purposes:
    1. To establish the identity of the culprit against the person being arrested
    2. To identify suspected repetition of similar offences by the same person and third
    3. To establish a previous conviction

    What was the previous Identification of Prisoners Act, 1920?

    • Even though the police has powers of arrest, mere arrest does not give Police the right to search a person.
    • The police requires legal sanction to search the person and collect evidence.
    • These legal sanctions are designed so as to maintain a balance between the rights of an individual and the interests of society in prosecution and prevention of offences.
    • The Identification of Prisoners Act, 1920 became a necessity when the recording of newer forms of evidence such as fingerprints, footprints and measurements started becoming more accurate and reliable.

    What was the need to replace this Act?

    • Over the years, the need to amend/update the Identification of Prisoners Act, 1920 has been voiced several times.
    • In 1980, the 87th Report of the Law Commission of India undertook a review of this legislation and recommended several amendments.
    • This was done in the backdrop of the State of UP vs Ram Babu Misra case, where the Supreme Court had highlighted the need for amending this law.
    • The first set of recommendations laid out the need to amend the Act to expand the scope of measurements to include “palm impressions”, “specimen of signature or writing” and “specimen of voice”.
    • The second set of recommendations raised the need of allowing measurements to be taken for proceedings other than those under the Code of Criminal Procedure (CrPC).

    What are the main highlights and differences in both the legislations?

    • Like the Identification of Prisoners Act, 1920, the new Criminal Procedure (Identification) Act, 2022 provides for legal sanction to law enforcement agencies for the collection of measurements.
    • The purpose is to create a useable database of these measurements.
    • At the State level, each State is required to notify an appropriate agency to collect and preserve this database of measurements.
    • At the national level, the National Crime Records Bureau (NCRB) is the designated agency to manage, process, share and disseminate the records collected at the State level.

    What are some of the concerns with the present legislation?

    • The new legislation has raised some concerns related to the protection of fundamental rights.
    • The legislation comes in the backdrop of the right to privacy being recognised as a fundamental right.
    • A fundamental facet of the right to privacy is protection from the invasion of one’s physical privacy.
    • As per the Puttaswamy judgment, there is a need for the measure to be taken in pursuance of a legitimate aim of the state, be backed by the law and be “necessary and proportionate” to the aim being sought to be achieved.

    (1) Various tests behind

    • In this case, while the first two tests are satisfied, as:
    1. “prevention and investigation of crime” is a legitimate aim of the state
    2. “measurements” are being taken under a valid legislation,
    • Satisfaction of the third test of “necessity and proportionality” has been challenged on multiple counts.

    (2) A probable police state in making

    • Analysis and measurement of behavioural attributes have raised concerns that data processing may go beyond recording of core “measurements”.
    • That is some of these measurements could be processed for predictive policing.

    (3) Includes petty offences

    • The current law allows for “measurements” to be taken if a person has been convicted/arrested for any offence, including petty offences.
    • The necessity of taking measurements of such persons for investigation of offences is unclear, and such discretion is likely to result in abuse of the law at lower levels.
    • This would definitely overburden the systems used for collection and storage of these measurements.

    (4) Period of storage of data

    • Given that these records will be stored for 75 years from the time of collection, the law has been criticised as being disproportionate.

    (5) Surveillance state

    • Such collection can also result in mass surveillance, with the database under this law being combined with other databases such as those of the Crime and Criminal Tracking Network and Systems (CCTNS).

    (6) Promotes self-incrimination

    • Concerns are being raised that the present law violates the right against self-incrimination enshrined in Article 20(3) of the Constitution of India.
    • However, this argument is nebulous since the Supreme Court has already settled this point.
    • In the State of Bombay vs Kathi Kalu Oghad, the Supreme Court had conclusively held that “non-communicative” evidence i.e. evidence which does not convey information within the personal knowledge of the accused cannot be understood to be leading to self-incrimination.
    • Therefore, no challenge lies to the law on this ground.

    Way forward

    • Extensive pre-legislative consultation is must for any sensitive law as such.
    • Privacy and data protection-related concerns must be addressed in the Rules formulated under the legislation and through model Prison Manuals that States can refer to.

     

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  • UN appoints new leader of UNMOGIP

    The United Nations (UN) has appointed Rear Admiral Guillermo Pablo Rios of Argentina as the Head of Mission and Chief Military Observer for the United Nations Military Observer Group in India and Pakistan (UNMOGIP).

    What is UNMOGIP?

    • The first group of UN military observers arrived in the mission area on 24 January of 1949 to supervise the ceasefire between India and Pakistan in the Indian state of Jammu and Kashmir.
    • These observers, under the command of the Military Adviser appointed by the UN Secretary-General, formed the nucleus of the United Nations Military Observer Group in India and Pakistan (UNMOGIP).

    Functions of UNMOGIP

    • Following renewed hostilities of 1971, UNMOGIP has remained in the area to observe developments pertaining to the strict observance of the ceasefire of 17 December 1971 and report thereon to the UN Secretary-General.
    • The Karachi Agreement of July 1949 firmed up the role of UN-level military observers and permitted supervision of the Ceasefire Line established in Jammu and Kashmir.

    Indian contentions with UNMOGIP

    • India has not officially gone to the UNMOGIP since 1972 with complaints against Pakistan.
    • India officially maintains that the UNMOGIP’s role was “overtaken” by the Simla Agreement of 1972 that established the Line of Control or the LoC.
    • This with minor deviations followed the earlier Ceasefire Line.
    • Pakistan, however, did not accept the Indian argument and continued to seek cooperation from the UNMOGIP.
    • As a result of these divergent policies, Pakistan continues to lodge complaints with the UNMOGIP against alleged Indian ceasefire violations.

    Substantiation of India’s stance

    • Since the Simla Agreement of 1972, India has adopted a non-recognition policy towards third parties in their bilateral exchanges with Pakistan over the question regarding the state of Jammu and Kashmir.
    • Kashmir and the Pakistan-sponsored terrorism within now is largely an internal matter of India.

     

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  • What happens after a Cooperative Bank to shuts down?

    The Reserve Bank of India (RBI) announced it had cancelled the banking licence of a Pune-based Rupee Cooperative Bank, and directed the Registrar of Cooperative Societies to liquidate the bank.

    What is a Banking Licence?

    • Financial institutions wishing to carry out banking operations such as accepting deposits or lending have to obtain a licence from India’s central bank.
    • The RBI issues the licence under the Banking Regulation Act of 1949 after carrying out a series of checks about the financial suitability of the applicant institution.
    • Parameters like capital adequacy ratio (CAR) — the ratio of a bank’s available capital to its risk weighted credit exposure — and loan to deposit ratio (LDR) — the ratio of a bank’s total loans to total deposits in the same period — are checked before the licence is granted.
    • The 1949 Act in particular stresses on adequate capital and protection of the public interest before the licence is granted.
    • No company other than one that has been issued a banking licence is allowed to use the word bank in its name while doing business.

    Cancelling the licence of a Bank

    • RBI, which issues the licence, has the power to cancel it as well, in case the bank fails to satisfy laid-down conditions.
    • This could mean an increase in bad debts — and if the RBI feels a bank does not have enough capital to cover its exposure and pay its depositors, its licence can be suspended or cancelled.

    Why did RBI cancel the licence of Rupee Cooperative Bank?

    • The RBI audits banks every year, and can take action if it notes an increase in bad debts or other suspicious activities in their books.
    • In its press release, the RBI gave the reasons for the cancellation of the bank’s licence:
    1. The bank does not have adequate capital and earning prospects.
    2. The bank has failed to comply with the requirements of certain sections of the Banking Regulation Act, 1949;
    3. The continuance of the bank is prejudicial to the interests of its positions;
    4. The bank with its present financial position would be unable to pay its present depositors in full; and
    5. Public interest would be adversely affected if the bank is allowed to carry on its banking business any further.

    Section 22 of the Act deals with “licensing of banking companies”, section 11 is about “requirement as to minimum paid-up capital and reserves”, and section 56 is about the applicability of the Act to cooperative societies, subject to modifications.

    Was cancellation of the licence the only option left for RBI?

    • RBI had issued notice to that Cooperative Bank in 2013, and issued directions under the Banking Regulation Act before cancelling its licence.
    • All banking activities like withdrawal were suspended, the then board of directors was superseded.
    • The banker took a number of steps to revive the bank, including filing of criminal cases against defaulting directors, employees, and seizing of their properties.
    • The RBI extended the licence of the bank every three months as these steps were being taken.
    • The administrator also tried to merge the bank with a financially stable bank. But the bad debts scared away most suitors.

    What will happen to the depositors’ money in Rupee Cooperative Bank?

    • The limiting of withdrawals by RBI had made things difficult for depositors, especially because cooperative banks are preferred by those from the lower income group.
    • The big question before the over 5.5 lakh depositors now is about the fate of their money.
    • The RBI has said that depositors with Rs 5 lakh or less in the bank, would get back all of their money through the Deposit Insurance and Credit Guarantee Corporation (DICGC).
    • Those who have larger deposits in the bank will not get back their money beyond Rs 5 lakh.
    • In this group are about 4,600 depositors with a total Rs 340 crore in deposits in the bank.
    • These people stand to suffer major losses.

    Back2Basics: Deposit Insurance Programme

    • The bank savings are insured under the Deposit Insurance and Credit Guarantee Corporation (DICGC) Act providing full coverage to around 98 per cent of bank accounts.
    • Earlier, account holders had to wait for years till the liquidation or restructuring of a distressed lender to get their deposits that are insured against default.
    • Last year, the government raised the insurance amount to Rs 5 lakh from Rs 1 lakh.
    • Prior to that, the DICGC had revised the deposit insurance cover to Rs 1 lakh on May 1, 1993 — raising it from Rs 30,000, which had been the cover from 1980 onward.

    What are new changes?

    • Earlier, out of the amount deposited in the bank, only Rs 50,000 was guaranteed, which was then raised to Rs 1 lakh.
    • Understanding the concern of the poor, understanding the concern of the middle class, we increased this amount to Rs 5 lakh.
    • If a bank is weak or is even about to go bankrupt, depositors will get their money of up to Rs five lakhs within 90 days.

     

     

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  • What is Langya Virus?

    A new virus, Langya henipavirus, is suspected to have caused infections in 35 people in China’s Shandong and Henan provinces over roughly a two-year period to 2021.

    Langya Virus

    • It’s related to Hendra and Nipah viruses, which cause disease in humans.
    • However, there’s much we don’t know about the new virus – known as LayV for short – including whether it spreads from human to human.

    How sick are people getting?

    • Symptoms reported appeared to be mostly mild – fever, fatigue, cough, loss of appetite, muscle aches, nausea and headache – although we don’t know how long the patients were unwell.
    • A smaller proportion had potentially more serious complications, including pneumonia, and abnormalities in liver and kidney function.
    • However, the severity of these abnormalities, the need for hospitalization, and whether any cases were fatal were not reported.

    Where did this virus come from?

    • The authors also investigated whether domestic or wild animals may have been the source of the virus.
    • Although they found a small number of goats and dogs that may have been infected with the virus in the past, there was more direct evidence a significant proportion of wild shrews were harbouring the virus.
    • This suggests humans may have caught the virus from wild shrews.

    Does this virus actually cause this disease?

    • The researchers used a modern technique known as metagenomic analysis to find this new virus.
    • Researchers sequence all genetic material then discard the “known” sequences (for example, human DNA) to look for “unknown” sequences that might represent a new virus.
    • This raises the question about how scientists can tell whether a particular virus causes the disease.
    • Researchers used “Koch’s Postulates” to determine whether a particular micro-organism causes disease:
    1. it must be found in people with the disease and not in well people
    2. it must be able to be isolated from people with the disease
    3. the isolate from people with the disease must cause the disease if given to a healthy person (or animal)
    4. it must be able to be re-isolated from the healthy person after they become ill.

    What can we learn from related viruses?

    • This new virus appears to be a close cousin of two other viruses that are significant in humans: Nipah virus and Hendra virus.
    • This family of viruses was the inspiration for the fictional MEV-1 virus in the film Contagion.
    • Hendra virus was first reported in Queensland in 1994, when it caused the deaths of 14 horses and the trainer Vic Rail.
    • Nipah virus is more significant globally, with outbreaks frequently reported in Bangladesh.

    What lies ahead?

    • Little is known about this new virus, and the currently reported cases are likely to be the tip of the iceberg.
    • At this stage, there is no indication the virus can spread from human to human.
    • Further work is required to determine how severe the infection can be, how it spreads, and how widespread it might be in China and the region.

     

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  • Drugs shortage haunts HIV-positive community

    People living with HIV are facing an acute shortage of life-saving drugs, say protesters who have been camping outside the National AIDS Control Organisation (NACO) office.

    What is NACO?

    • The NACO established in 1992 is a division of India’s Ministry of Health and Family Welfare.
    • It provides leadership to HIV/AIDS control programme in India through 35 HIV/AIDS Prevention and Control Societies.
    • It is the nodal organisation for formulation of policy and implementation of programs for prevention and control of HIV/AIDS in India.

    Functions of NACO

    • Along with drug control authorities and NACO provides joint surveillance of Blood Bank licensing, Blood Donation activities and Transfusion Transmitted infection testing and reporting.
    • NACO also undertakes HIV estimations biennially (every 2 years) in collaboration with the Indian Council of Medical Research (ICMR) – National Institute of Medical Statistics (NIMS).
    • The first round of HIV estimation in India was done in 1998, while the last round was done in 2017.

    Why in news?

    • Activists allege rationing of medicines, arbitrary change in the drug regimen and even complete deprivation of life-saving paediatric drugs.
    • They fear that treatment will be interrupted, leading to drug resistance and deaths from AIDS.

    NACO stand

    • The protesters noted that the NACO, in its public communication, had claimed that 95% of the recipients had not faced any shortage.
    • Going by the figure, 5% of 14.5 lakh, or 72,500 people, are being affected by the current shortage and stock-out.
    • The impact is severe and far-reaching.

    What drugs are protestors talking about?

    • Protestors are for a stock-out of ART (antiretroviral) drugs such as Dolutegravir 50 mg, Lopinavir/Ritonavir (adult and child doses), and Abacavir in several states.

    What is ART?

    • The medicines that treat HIV are called antiretroviral drugs.
    • There are more than two dozen of them, and they fall into seven main types.
    • Each drug fights the virus in your body in a slightly different way.
    • Research shows that a combination, or “cocktail,” of drugs is the best way to control HIV and lower the chances that the virus will become resistant to treatment.

    Back2Basics: HIV/AIDS

    • HIV (human immunodeficiency virus) is a virus that attacks cells that help the body fight infection, making a person more vulnerable to other infections and diseases.
    • First identified in 1981, HIV is the cause of one of humanity’s deadliest and most persistent epidemics.
    • It is spread by contact with certain bodily fluids of a person with HIV, most commonly during unprotected sex, or through sharing injection drug equipment.
    • If left untreated, HIV can lead to the disease AIDS (acquired immunodeficiency syndrome).
    • The human body can’t get rid of HIV and no effective HIV cure exists.

    Treating HIV

    • However, by taking HIV medicine (called antiretroviral therapy or ART), people with HIV can live long and healthy lives and prevent transmitting HIV to their sexual partners.
    • In addition, there are effective methods to prevent getting HIV through sex or drug use, including pre-exposure prophylaxis (PrEP) and post-exposure prophylaxis (PEP).

     

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  • [Sansad TV] Perspective: Ease of Justice

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    Context

    • Ease of justice is as important as ease of doing business and ease of living.
    • PM Modi emphasised this on while addressing the first All India District Legal Services Authorities.
    • He implored the judiciary to speed up the release of undertrials who remain in jail due to want of legal aid.

    What do you mean by Ease of Justice?

    • By large, Ease of Justice means judicial accessibility.
    • Access to justice is a basic principle of the rule of law.
    • One of the major obstacles in accessing justice is the cost of legal advice and representation.

    Why did PM say this?

    • With better access to justice:
    1. People can have their voice heard
    2. Exercise their rights
    3. Challenge discrimination or
    4. Hold decision-makers accountable

    What else did the PM say?

    • Reiterating that this is the time of ‘Azadi ka Amrit Kaal’, the Prime Minister said it is a period of duty and that we have to work on the areas that have remained neglected so far.
    • PM raised the issue of sensitivity towards undertrial prisoners, who as per the last Prison Statistics comprise about 76% of the total prison inmates in the country.

    What are the inherent challenges to the Indian judicial system?

    1. Lack of infrastructure of courts
    2. High vacancy of judges in the district judiciary
    3. Pendency of Cases
    4. Ineffective planning in the functioning of the courts
    5. Delay in the delivery of judgments
    6. Lack of transparency in appointments and transfers.
    7. Corruption
    8. Undertrials serving Jail
    9. Outdated laws ex. Section 124A IPC

    What led to the underperformance of the Indian Judiciary?

    • The primary factors contributing to docket explosion and arrears as highlighted by Justice Malimath Committee report are as follows:
    1. Population explosion
    2. Litigation explosion
    3. Hasty and imperfect drafting of legislation
    4. Plurality and accumulation of appeals (Multiple appeals for the same issue)
    5. Inadequacy of judge strength
    6. Failure to provide adequate forums of appeal against quasi-judicial orders
    7. Lack of priority for disposal of old cases (due to the improper constitution of benches)
    8. Procedural delays and frequent adjournments

    Mechanisms for ensuring Judicial Accessibility in India

    (1) Constitutional Provisions

    • Article 21: Judicial Accessibility was interpreted by the Supreme Court in 1991 that an accused who cannot afford legal assistance is entitled to have free legal aid at the cost of the State.
    • Article 39A: It deals with the provisions of equal justice and free legal aid.

    (2) Legal provisions

    • Section 304 of CrPC: It provides for legal aid at the expense of the state in certain cases, under the supervision of District Judge who is the ex-officio chairperson of District Legal Aid Committee.
    • NALSA: The National Legal Services Authority (NALSA) was established so that even the weakest of the weak could get the right to justice.
    • DLSA: The district legal services authorities (DLSAs) are like building blocks of our legal aid system.

    (3) Digital intervention

    • Virtual courts:  Under the e-courts mission, virtual courts are being started in the country.
    • Videoconferencing: Infrastructure is also being expanded in the courts for the convenience of the people.
    • AI-based justice dispensation: The Supreme Court’s AI Committee a few months back has launched its Artificial Intelligence portal SUPACE (Supreme Court Portal for Assistance in Courts Efficiency).

    Path breaking initiative by the Judiciary

    Ans. Proposal for the creation of National Judicial Infrastructure Corporation (NJIC)

    • The CJI has pitched to set up a National Judicial Infrastructure Corporation (NJIC) to develop judicial infrastructure in trial courts.
    • He indicated a substantial gap in infrastructure and availability of basic amenities in the lower judiciary.
    • There is a dearth of court halls, residential accommodation, and waiting room for litigants in trial courts, especially in smaller towns and rural areas.
    • Experience shows that budgetary allocation for state judiciary often lapses since there is no independent body to supervise and execute such works.
    • NJIC is expected to fill this vacuum and overcome problems related to infrastructure.

    Way forward

    • Creating NJIC: It will bring a revolutionary change in the judicial functioning provided the proposed body is given financial and executive powers to operate independently of the Union and the State governments.
    • Appointment reforms: There are many experts who advocate the need to appoint more judges with unquestionable transparency in such appointments.
    • Creating All Indian Judiciary Services: It would be a landmark move to create a pan-India Service that would result in a wide pool of qualified and committed judges entering the system.
    • Technology infusion: The ethical and responsible use of AI and ML for the advancement of efficiency-enhancing can be increasingly embedded in legal and judicial processes. Ex. SUPACE.
    • Legal education: This should be in alignment with the evolving dynamics of the law must be propagated in trial and constitutional courts. This will improve the competence of the judicial system.
    • Alternate Dispute Resolution (ADR): ADR mechanisms should be promoted for out-of-court settlements. Primary courts of appeal should be set up.
    • Dispensation in local languages: For making the entire judicial system more understandable to the common man, one way the use of the local languages in courts.

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  • 11th August 2022| Daily Answer Writing Enhancement(AWE)

    Topics for Today’s questions:

    GS-1      Modern Indian history from about the middle of the eighteenth century until the present – significant events, personalities, issues.

    GS-2       Bilateral, regional and global groupings and agreements involving India and/or affecting  India’s interests.

    GS-3       Indian Economy

    GS-4       Aptitude and foundational values for Civil Service, integrity, impartiality and non-partisanship, objectivity, dedication to public service, empathy, tolerance and compassion towards the weaker sections.

    Question 1)

     

    Q.1 India of the 18th century failed to make progress economically, culturally and socially at a pace, which would have saved the country from collapse. Comment. (15 Marks)

     

    Question 2)

    Q.2 As India and Switzerland get ready to commemorate the 75th anniversary of their friendship next year, there can be no better tribute to our friendship and partnership than by working together for lasting peace through bilateral and multilateral engagements. Comment. (10 Marks)

    Question 3)

    Q.3 Over the last decade, banks have increasingly shifted away from providing credit to industry, favouring instead lending to consumers. What are the factors responsible for this shift? What are its implications for the economy? (10 Marks)

    Question 4)  

    Q.4 With the help of relevant examples, bring out the difference between the following: (i) Vice and Virtue (ii) Horizontal and Vertical Accountability (iii) Code of Ethics and Code of Conduct (iv) Persuasion and Manipulation (v) Belief and Faith. (10 Marks)

     

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  • SC to take up plea to ban convicts from polls for life

    The Supreme Court has said that it would consider a plea seeking a lifetime ban on people convicted of offenses from contesting elections and becoming MPs and MLAs.

    Why such petition?

    • The petition has made a very logical argument that even a constable can lose his job after conviction for corruption.
    • The Centre maintained affirmation on the existing (namesake) bar of disqualification was enough for legislators.
    • The disqualification under the Representation of the People Act of 1951 is the period of prison sentence and six years thereafter.

    What did the Centre argue against lifetime ban?

    • In 2017, the ECI endorsed the call for a life ban in the top court. This was a boost for the cause of decriminalisation of politics.
    • In Dec 2020, the Centre rejected the idea of a lifetime ban on convicted persons contesting elections or forming or becoming an office-bearer of a political party.
    • It had reasoned that MPs and MLAs were not bound by specific “service conditions”.
    • They are bound by their oath to serve citizens and country along with propriety, good conscience and interest of the nation.

    Criminalization of politics: Indian Case

    • The criminalization of politics has become a headache for the Indian democracy and it is a harsh reality now.
    • Criminalization of politics in India includes political control of the police, state money, corruption, weak laws, lack of ethics, values, vote bank politics and loopholes in the function of the election commission.
    • Deep down, it’s a large nexus of police, money, corrupt bureaucracy, casteism, religion and the drawbacks of functioning in the election commission.

    Why are tainted candidates inducted by political parties?

    • Innocent until proven guilty maxim: The other reason offered by political parties is summarised by the maxim of Indian law, which is that any accused is innocent until proven guilty.
    • Popularity: Such candidates with serious records seem to do well despite their public image, largely due to their ability to finance their own elections and bring substantive resources to their respective parties.
    • Prospected victory: The logic of a candidate with criminal charges doing better for the cause of people of is another flawed argument.
    • Destabilizing other electors: Others do not seek to punish these candidates in instances where they are in contest with other candidates with similar records.
    • Vested interests: Some voters tend to view such candidates through a narrow prism: of being able to represent their interests by hook or by crook.

    A harsh reality of Political Asylum

    • The NN Vohra committee’s report on the criminalization of politics discussed how criminal gangs flourish under the care and protection of politicians.
    • Many times the candidates themselves are the gang leaders.
    • This protection is paid back to them during elections through capital investment in election spending and voter support.

    Issues with Criminals in Politics

    • Morality of the process: It is extremely important that the people who enter the field of politics have a clear image and high moral character.
    • No rule of law: A leader with criminal character undoubtedly tends to undermine the rule of law.
    • Violation of right to equality: There were 4.78 lakh prisoners (as of December 2019) of whom 3.30 lakh were under trial, i.e. not yet proven guilty.
    • Problem of undertrial: An “innocent” undertrial cannot vote, but a man chargesheeted for murder can even contest election from jail.

    Supreme Courts guidelines in this regard

    The Supreme Court earlier in Feb 2020 had ordered political parties to publish the entire criminal history of their candidates for Assembly and Lok Sabha elections.

    • Reasons for nomination: It has also asked for the reasons that goaded them to field suspected criminals over decent people.
    • Publication of records: The information should be published in a local as well as a national newspaper as well as the parties’ social media handles.
    • 48hr time frame: It should mandatorily be published either within 48 hours of the selection of candidates or less than two weeks before the first date for filing of nominations, whichever is earlier.
    • Contempt for non-compliance: It also ordered political parties to submit compliance reports with the Election Commission of India within 72 hours or risk contempt of court action.
    • No escape: The judgment is applicable to parties both at Central and State levels.

    Immediate Reason for Judicial Action

    • The immediate provocation is the finding that 46% of MPs have criminal records.
    • The number might be inflated as many politicians tend to be charged with relatively minor offences —“unlawful assembly” and “defamation”.
    • The real worry is that the current cohort of Lok Sabha MPs has the highest (29%) proportion of those with serious declared criminal cases compared to its recent predecessors.

    Way forward

    (1) ECI suggestion on vendetta politics

    The ECI has suggested some safeguards against vendetta politics.

    • First, only offences that carry an imprisonment of at least 5 years are to be considered.
    • The case against the candidate should have been filed at least six months before the scheduled elections for it to be considered.
    • And finally, a competent court must have framed the charges.

    (2) Speedy trials

    • An alternative solution would be to try cases against political candidates in fast-track courts.
    • The SC had sent a directive in 2014, directing that cases against political candidates must be completed within a year, failing which the matter should be reported to the CJs.

    (3) Legislative reforms

    • We must have a law which debars persons with serious criminal cases from entering the assemblies and the Parliament.
    • There must be stringent criteria in Representation of Peoples Act as well.

    (4) Revamping Criminal Justice System

    • The criminal justice system must be revamped as recommended by the Malimath Committee.
    • 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.

     

     

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  • Govt. extends PMAY-Urban scheme

    The Union Cabinet approved an extension to the Pradhan Mantri Awas Yojana-Urban up to December 31, 2024 so that the houses sanctioned under the scheme can be completed.

    PMAY-Urban scheme

    • The PMAY-U, a flagship Mission of GoI being implemented by Ministry of Housing and Urban Affairs (MoHUA), was launched on 25th June 2015.
    • The Mission addresses urban housing shortage among the EWS/LIG and MIG categories including the slum dwellers by ensuring a pucca house to all eligible urban households by the year 2022.
    • It adopts a demand-driven approach wherein the Housing shortage is decided based on demand assessment by States/Union Territories.
    • State Level Nodal Agencies (SLNAs), Urban Local Bodies (ULBs)/ Implementing Agencies (IAs), Central Nodal Agencies (CNAs) and Primary Lending Institutions (PLIs) are main stakeholders.

    Coverage area

    The Mission covers the entire urban area consisting of:

    • Statutory Towns
    • Notified Planning Areas
    • Development Authorities
    • Special Area Development Authorities
    • Industrial Development Authorities or
    • Any such authority under State legislation which is entrusted with the functions of urban planning & regulations

    Key features of PMAY (U)

    • All houses under PMAY (U) have basic amenities like toilet, water supply, electricity and kitchen.
    • The Mission promotes women empowerment by providing the ownership in name of female member or in joint name.
    • Here, preference is given to differently abled persons, senior citizens, SCs, STs, OBCs, Minority, single women, transgender and other weaker & vulnerable sections of the society.

    Categorization within the scheme

    • PMAY (U) adopts a cafeteria approach to suit the needs of individuals based on the geographical conditions, topography, economic conditions, availability of land, infrastructure etc.
    • The scheme has hence been divided into four verticals as given:

    1. In-situ Slum Redevelopment (ISSR): Central Assistance of Rs. 1 lakh per house is admissible for all houses built for eligible slum dwellers under the component of ISSR using land as Resource with participation of private developers.
    2. Credit Linked Subsidy Scheme (CLSS): Beneficiaries of Economically Weaker Section (EWS)/Low Income Group (LIG), Middle Income Group (MIG)-I and Middle Income Group (MIG)-II seeking housing loans from Banks, Housing Finance Companies and other such institutions for acquiring, new construction or enhancement* of houses are eligible for an interest subsidy of 6.5%, 4% and 3% on loan amount upto Rs. 6 Lakh, Rs. 9 Lakh and Rs. 12 Lakh respectively.
    3. Affordable Housing in Partnership (AHP): Under AHP, Central Assistance of Rs. 1.5 Lakh per EWS house is provided by the Government of India. An affordable housing project can be a mix of houses for different categories but it will be eligible for Central Assistance, if at least 35% of the houses in the project are for EWS category.
    4. Beneficiary-led Individual House Construction/ Enhancement (BLC-N/ BLC-E): Central Assistance upto Rs. 1.5 lakh per EWS house is provided to eligible families belonging to EWS categories for individual house construction/ enhancement. The Urban Local Bodies validate the information and building plan submitted by the beneficiary.

     

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