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  • India’s Crude Oil Trade with Russia

    The Indian Oil Corporation (IOC), Hindustan Petroleum Corporation Ltd (HPCL) has bought two million barrels of Russian crude oil as Indian energy majors forge ahead with attempts to secure a part of the Russian energy supply.

    What is the news?

    • India is exploring alternative payment channels for trade with Russia and the possibility of sourcing additional oil at a discount, even as the West reduces its exposure to Russian oil.
    • Now India needs to make some necessary adjustments in the financial front because of the challenges posed by the American sanctions.

    India’s import dependence and Russia

    • India is heavily dependent on oil imports, the bulk of which comes from the Middle East, Africa, Europe, North America, South America, and South-East Asia.
    • Russia’s oil-related exports to India are only about $1 billion.
    • However, Russia is keen to scale this up even as the US has announced a ban on oil imports from the country and the UK has adopted a more gradual reduction.
    • This offers the opportunity for a lucrative supply deal with the second largest oil exporter after Saudi Arabia.

    Do you know?

    India’s nuclear power project in Kudankulam in Tamil Nadu is built with Russian collaboration.

    What is at stake in oil trade with Russia?

    • India, however, needs to find alternative payment channels due to the evolving crisis.
    • This is also crucial for bilateral non-oil trade.

    Risks posed by payment crisis

    • Western curbs cutting off some Russian banks from the SWIFT payment system has proven to be a setback for bilateral trade.
    • Many payments worth $500 million to Indian exporters for goods already shipped reportedly being stuck.
    • A steady supply of critical commodities such as fuel and fertilizer from Europe is crucial in India’s efforts to manage inflation.
    • A spike in natural gas in global markets is pushing up the cost of procuring commonly used urea, which is sold at a subsidized price to farmers.

    Why is oil supply from Russia important?

    • As much as 85% of India’s oil requirement is met through imports.
    • The government has tried diversifying its supply sources.
    • This would add more gas into the energy basket, giving a strong push to electric mobility, building strategic reserves and blending ethanol in auto fuel to reduce oil import dependence.
    • Extra oil supplies from Russia could aid in this effort.

    How’re the two nations handling the situation?

    • India and Russia are exploring a Rupee-Rouble trade mechanism using currency of a third country as a reference.
    • This would allow Indian exporters to be paid in rupees.
    • This would need an Indian and a Russian bank opening shop on each other’s soil.
    • Another option is routing payments via a bank with limited overseas exposure so that it will not attract curbs.
    • For additional Russian oil shipments, India needs access to more vessels and containers.
    • Indian refiners’ ability to process larger quantities of crude oil also needs to be assessed.

    Extending the collaborations

    • New Delhi has for long followed the policy of acquiring energy assets abroad to reduce risks related to heavy import dependence on oil.
    • Oil and Natural Gas Corp. Ltd’s investment in Russia’s Sakhalin project is one example.
    • Besides, Russian company PJSC Rosneft Oil Co. is a stakeholder in Nayara Energy Ltd that runs the second largest single-site refinery in Gujarat.

     

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  • How did I revise 2 years of UPSC preparation in the last 60 Days to Prelims Exam? || Free Live Webinar by IAS Officer Yogesh Kapse || Limited Slots, Available, Register Now

    How did I revise 2 years of UPSC preparation in the last 60 Days to Prelims Exam? || Free Live Webinar by IAS Officer Yogesh Kapse || Limited Slots, Available, Register Now

    register for last 60 days prelims strategy free live webinar by yogesh kapse ias

    With only 60 days remaining for UPSC 2022 Prelims, your preparation must revolve around revision and attempting tests. At this stage, aspirants become more stressed and anxious than when they first started their preparation. Having a foolproof strategy for the last two months can work wonders — especially for those falling on the borderline, scoring between 80-90 marks in the mock test series. Now is the time to focus on improving your performance and boosting your scores.  

    While many of you, would have felt easier following a timetable for an entire year, you might not be sure how to revise every topic in the syllabus along with test series and current affairs of 1.5 years within 60 days.

    Open to all, Free Live Webinar by IAS Officer Yogesh Kapse (2020 Batch)

    Neglecting the last 60 days of preparation can be counterproductive as you will miss the golden opportunity to strengthen the areas where you might be consistently scoring lower.

    Just practising test series alone for the entire two months or reading the textbooks is not going to help due to the unpredictable nature of the Prelims exam. Questions from most of the mock test series don’t actually feature in the real exam. However, it teaches one the art of intelligent guessing.

    Understanding the concern of 2022 UPSC aspirants, we have invited IAS Officer Yogesh Kapse to guide future civil servants on how he prepared for Prelims 2021 in his last 60 days. Was there a difference in the intensity of preparation? You can register for this webinar to find out.

    Yogesh Kapse IAS cleared the exam in 2020 with an All India Rank 249. He is the son of a farmer and had given four attempts previously. While he attended the mains thrice, he attended the interview twice and missed the final ranking by a whisker. His never-give-up attitude is the reason why he is an IAS officer today.

    REGISTER FOR LAST 60 DAYS PRELIMS STRATEGY FREE LIVE WEBINAR BY YOGESH KAPSE IAS

    What will you Learn in This Free Live Webinar by IAS Officer Yogesh Kapse?

    1. The ideal number of study hours Yogesh Kapse IAS maintained in the 60 Days of Prelims. How did he divide one day for static revision, current affairs revision and test series?

    2. Yogesh Kapse’s revision strategy for Prelims. What was the static-dynamic revision plan that made his preparation count in the exam?

    3. Is analysing previous year question papers required for UPSC Prelims? Yogesh Kapse IAS answers.

    4. How to finish 8 subjects in 8 weeks? Including NCERTs, standard books and test series.

    5. Making notes out of test series. How many test series one should take in the last 60 days and how to make notes out of test series?

    6. How did Yogesh Kapse make 1 page notes out of a chapter running 25 pages? The elements of your micro-notes from prelims perspective.

    7. Important current affairs topics for 2022. What to study and what to exclude right now?

    8. What did Yogesh Kapse IAS do to relax and unwind other than social media? Why is it important to take a break to gain better focus?

    Webinar Details

    This Ask me Anything session is free for all aspirants to attend but is perfect for anyone looking for a refreshing break from their grueling studies. Only limited slots are available, so register ASAP.

    Date: 20th March, 2022 (Sunday)

    Time: 4 PM

    REGISTER FOR LAST 60 DAYS PRELIMS STRATEGY FREE LIVE WEBINAR BY YOGESH KAPSE IAS

  • What is POSH Act?

    The Kerala High Court has asked organizations associated with the film industry to take steps to constitute a joint committee to deal with cases of sexual harassment of women, in line with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013.

    Why in news?

    • During the #MeToo movement, a number of women in India called out influential men — actors, standup comics, senior journalists — for alleged sexual harassment.
    • Hence the HC underlined that film production units must comply with the law against sexual harassment, commonly known as the prevention of sexual harassment at workplace (SHW) or POSH Act.

    What is the POSH Act?

    • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed in 2013.
    • It defined sexual harassment, lay down the procedures for a complaint and inquiry, and the action to be taken.
    • It broadened the Vishaka Guidelines, which were already in place.

    What are Vishakha Guidelines?

    • The Vishakha guidelines were laid down by the Supreme Court in a judgment in 1997. This was in a case filed by women’s rights groups, one of which was Vishakha.
    • In 1992, she had prevented the marriage of a one-year-old girl, leading to the alleged gangrape in an act of revenge.

    Guidelines and the law

    • The Vishakha guidelines, which were legally binding, defined sexual harassment and imposed three key obligations on institutions :
    1. Prohibition
    2. Prevention
    3. Redress
    • The Supreme Court directed that they should establish a Complaints Committee, which would look into matters of sexual harassment of women at the workplace.

    The POSH Act broadened these guidelines:

    • It mandated that every employer must constitute an Internal Complaints Committee (ICC) at each office or branch with 10 or more employees.
    • It lay down procedures and defined various aspects of sexual harassment, including the aggrieved victim, who could be a woman “of any age whether employed or not”, who “alleges to have been subjected to any act of sexual harassment”.
    • This meant that the rights of all women working or visiting any workplace, in any capacity, were protected under the Act.

    Definition of Sexual Harassment

    Under the 2013 law, sexual harassment includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:

    • Physical contact and advances
    • A demand or request for sexual favours
    • Sexually coloured remarks
    • Showing pornography
    • Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

    The Ministry of Women & Child Development has published a Handbook on Sexual Harassment of Women at Workplace with more detailed instances of behaviour that constitutes sexual harassment at the workplace. These include, broadly:

    • Sexually suggestive remarks or innuendos; serious or repeated offensive remarks; inappropriate questions or remarks about a person’s sex life
    • Display of sexist or offensive pictures, posters, MMS, SMS, WhatsApp, or emails
    • Intimidation, threats, blackmail around sexual favours; also, threats, intimidation or retaliation against an employee who speaks up about these
    • Unwelcome social invitations with sexual overtones, commonly seen as flirting
    • Unwelcome sexual advances.

    Unwelcome behavior

    • The Handbook says “unwelcome behaviour” is experienced when the victim feels bad or powerless; it causes anger/sadness or negative self-esteem.
    • It adds unwelcome behaviour is one which is “illegal, demeaning, invading, one-sided and power based”.

    Circumstance amounting to SHW

    The Act mentions five circumstances that amount to sexual harassment implied or explicit:

    1. Promise of preferential treatment in her employment
    2. Threat of detrimental treatment
    3. Threat about her present or future employment status
    4. Interference with her work or creating an offensive or hostile work environment
    5. Humiliating treatment likely to affect her health or safety

    Procedure for complaint

    • Technically, it is not compulsory for the aggrieved victim to file a complaint for the ICC to act.
    • The Act says that she “may” do so — OR any member of the ICC “shall” render “all reasonable assistance” to her to complain in writing.
    • If the woman cannot complain because of “physical or mental incapacity or death or otherwise”, her legal heir may do so.
    • Under the Act, the complaint must be made “within three months from the date of the incident”.
    • However, the ICC can “extend the time limit” if “it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period”.
    • It provides that “no monetary settlement shall be made as a basis of conciliation”.
    • The ICC may either forward the victim’s complaint to the police, or it can start an inquiry that has to be completed within 90 days.
    • The identity of the woman, respondent, witness, any information on the inquiry, recommendation and action taken, the Act states, should not be made public.

    After the ICC report

    • If the allegations of sexual harassment are proved, the ICC recommends that the employer take action “in accordance with the provisions of the service rules” of the company.
    • These may vary from company to company.
    • It also recommends that the company deduct from the salary of the person found guilty, “as it may consider appropriate”.

    Compensation is determined based on five aspects:

    1. Suffering and emotional distress caused to the woman;
    2. Loss in career opportunity;
    3. Her medical expenses;
    4. Income and financial status of the respondent;
    5. Feasibility of such payment.

    Appeal in Court

    • After the recommendations, the aggrieved woman or the respondent can appeal in court within 90 days
    • Section 14 of the Act deals with punishment for false or malicious complaint and false evidence.
    • In such a case, the ICC “may recommend” to the employer that it take action against the woman, or the person who has made the complaint, in “accordance with the provisions of the service rules”.
    • The Act, however, makes it clear that action cannot be taken for “mere inability” to “substantiate the complaint or provide adequate proof”.

     

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  • In news: Organisation of Islamic Cooperation (OIC)

     

    In a highly notorious move, the OIC has invited Kashmiri separatist leaders in the Foreign Ministers’ meet in Islamabad.

    What is OIC?

    • The OIC — formerly Organisation of the Islamic Conference — is the world’s second-largest inter-governmental organization after the UN, with a membership of 57 states.
    • The OIC’s stated objective is “to safeguard and protect the interests of the Muslim world in the spirit of promoting international peace and harmony among various people of the world”.
    • OIC has reserved membership for Muslim-majority countries. Russia, Thailand, and a couple of other small countries have Observer status.

    Do you know?

    Guyana and Suriname (from South America) are members of OIC.

    India and OIC: A Backgrounder

    • At the 45th session of the Foreign Ministers’ Summit in 2018, Bangladesh suggested that India, where more than 10% of the world’s Muslims live, should be given Observer status.
    • In 1969, India was dis-invited from the Conference of Islamic Countries in Rabat, Morocco at Pakistan’s behest.
    • Then Agriculture Minister Fakhruddin Ali Ahmed was dis-invited upon arrival in Morocco after Pakistan President Yahya Khan lobbied against Indian participation.

    Recent developments

    • In 2019, India made its maiden appearance at the OIC Foreign Ministers’ meeting in Abu Dhabi, as a “guest of honor”.
    • This first-time invitation was seen as a diplomatic victory for New Delhi, especially at a time of heightened tensions with Pakistan following the Pulwama attack.
    • Pakistan had opposed the invitation to Swaraj and it boycotted the plenary after the UAE turned down its demand to rescind the invitation.

    What is the OIC’s stand on Kashmir?

    • It has been generally supportive of Pakistan’s stand on Kashmir and has issued statements criticizing India.
    • Last year, after India revoked Article 370 in Kashmir, Pakistan lobbied with the OIC for their condemnation of the move.
    • To Pakistan’s surprise, Saudi Arabia and the UAE — both top leaders among the Muslim countries — issued nuanced statements, and were not as harshly critical of New Delhi as Islamabad had hoped.
    • Since then, Islamabad has tried to rouse sentiments among the Islamic countries, but only a handful of them — Turkey and Malaysia — publicly criticized India.

    A group of hippocrats

    • The OIC has been making factually incorrect and unwarranted references to Jammu and Kashmir.
    • The so-called religious group is covertly silent over the persecution of Rohingyas, Uighurs, Kurds etc.

    How has India been responding?

    • India has consistently underlined that J&K is an integral part of India and is a matter strictly internal to India.
    • The strength with which India has made this assertion has varied slightly at times, but never the core message.
    • It has maintained its “consistent and well known” stand that the OIC had no locus standi.
    • This time, India went a step ahead and said the grouping continues to allow itself to be used by a certain country “which has a record on religious tolerance, radicalism, and persecution of minorities”.

    OIC members and India

    • Individually, India has good relations with almost all member nations. Ties with the UAE and Saudi Arabia, especially, have looked up significantly in recent years.
    • The OIC includes two of India’s close neighbors, Bangladesh and Maldives.
    • Indian diplomats say both countries privately admit they do not want to complicate their bilateral ties with India on Kashmir but play along with OIC.

    Way ahead

    • India sees the duality of the OIC as untenable, since many of these countries have good bilateral ties and convey to India to ignore OIC statements.
    • But these countries sign off on the joint statements which are largely drafted by Pakistan.
    • India feels it important to challenge the double-speak since Pakistan’s campaign and currency on the Kashmir issue has hardly any takers in the international community.

     

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  • 13% reduction in air pollution deaths due to UJJAWALA Scheme

    Greater penetration and usage of LPG as a cooking fuel is estimated to have prevented at least 1.5 lakh pollution-related premature deaths in the year 2019 alone, according to the first independent impact assessment of the government’s flagship Ujjwala program.

    About the PM Ujjwala Yojana

    • Pradhan Mantri Ujjwala Yojana (PMUY) was launched in 2016, with the aim to provide Liquefied petroleum gas (LPG) connections to five crore women members of below poverty line (BPL) households in the first phase.
    • he scheme was expanded in April 2018 to include women beneficiaries from seven more categories (SC/ST, PMAY, AAY, Most backward classes, tea garden, forest dwellers, Islands).
    • In the second phase the target was expanded to eight crore LPG connections.

    Why was this scheme launched?

    • Indoor air pollution is also responsible for a significant number of acute respiratory illnesses in young children.
    • Providing LPG connections to BPL households will ensure universal coverage of cooking gas in the country.
    • This measure has empowered women and protected their health. It reduced drudgery and the time spent on cooking.
    • It will also provide employment for rural youth in the supply chain of cooking gas.

    Ujjwala 2.0

    • Under Ujjwala 2.0 migrant workers would no longer have to struggle to get address proof documents to get the gas connections.
    • Now migrant workers would only be required to submit a self-declaration of their residential address to get the gas connection.
    • Along with a deposit-free LPG connection, Ujjwala 2.0 will provide the first refill and a hotplate free of cost to the beneficiaries.

    Significance of Ujjwala 2.0

    • LPG infrastructure has expanded manifold in the country due to the Ujjwala scheme.
    • In the last six years, more than 11,000 new LPG distribution centres have opened across the country.
    • The LPG coverage in India is now very close to becoming 100 per cent.

     

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  • Caste-based NREGS Wages Payment System

    Parliament’s Standing Committee on Rural Development and Panchayati Raj has asked the government to roll back the system of caste-based wages, under which NREGS workers are paid based on whether they belong to a Scheduled Caste, Scheduled Tribe, or Others.

    Back in news: MGNREGA

    What is the caste-based payment system?

    • Last year, the Rural Development Ministry sent an advisory to states asking them to take necessary action for payment of wages to NREGS workers according to their categories — SC, ST, and Others.
    • Under the new system, if 20 individuals (say, six SCs, four STs and 10 others) work together at a site under MG-NREGA, a single muster roll would be issued.
    • But payment would be done by issuing three separate Fund Transfer Orders (FTOs), one for each of the three categories.
    • Due to this, some beneficiaries started complaining that despite working at the same site and registering on the same muster roll, they were getting their wages at different times depending on their categories.
    • Beneficiaries in the ‘Others’ category, which includes the ‘General’ and Other Backward Classes (OBC) categories, especially complained of delays.

    What was the earlier system of payment?

    • The Rural Development Ministry notifies wage rates for states and Union Territories under Section 6(1) of The Mahatma Gandhi National Rural Employment Guarantee Act, 2005.
    • Until 2020-21, the wages were being paid to NREGS beneficiaries through a single funds transfer order.
    • In other words, if 20 beneficiaries, including SCs, STs and Others work at a site under MGNREGA, all received their wages at the same time, through a single muster roll and a single funds transfer order.

    Why was the system of caste-based wage payment introduced?

    • According to the Ministry, the system of category-wise payment of wages was introduced to “accurately reflect on the ground flow of funds to various population groups”.
    • Last year, a process of “streamlining” of the new system was taken up.

     

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  • BARC resumes ratings of news channels

    The BARC India had temporarily suspended the viewership ratings of news channels in October 2020, amid the allegations of a Television Rating Point (TRP) scam. Now it has resumed the ratings.

    What is TRP?

    • In simple terms, anyone who watches television for more than a minute is considered a viewer.
    • The TRP or Target Rating Point is the metric used by the marketing and advertising agencies to evaluate this viewership.
    • In India, the TRP is recorded by the Broadcast Audience Research Council (BARC) using Bar-O-Meters that are installed in televisions in selected households.
    • As on date, the BARC has installed these meters in 44,000 households across the country. Audio watermarks are embedded in video content prior to broadcast.
    • These watermarks are not audible to the human ear, but can easily be detected and decoded using dedicated hardware and software.
    • As viewing details are recorded by the Bar-O-Meters, so are the watermarks.

    What is BARC?

    • It is an industry body jointly owned by advertisers, ad agencies, and broadcasting companies, represented by The Indian Society of Advertisers, the Indian Broadcasting Foundation and the Advertising Agencies Association of India.
    • Though it was created in 2010, the I&B Ministry notified the Policy Guidelines for Television Rating Agencies in India on January 10, 2014, and registered BARC in July 2015 under these guidelines, to carry out television ratings in India.

    How are the households selected?

    • Selection of households where Bar-O-Meters are installed is a two-stage process.
    • The first step is the Establishment Survey, a large-scale face-to-face survey of a sample of approximately 3 lakh households from the target population. This is done annually.
    • Out of these, the households which will have Bar-O-Meters or what the BARC calls the Recruitment Sample are randomly selected. The fieldwork to recruit households is not done directly by BARC.
    • The BARC on its website has said that the viewing behaviour of panel homes is reported to BARC India daily. Coincidental checks either physically or telephonically are done regularly.

    Vigilance activities by BARC

    • Certain suspicious outliers are also checked directly by BARC India.
    • BARC India also involves a separate vigilance agency to check on outliers that it considers highly suspicious.
    • And as per the guidelines of the Ministry of Information and Broadcasting, these households rotate every year.
    • This rotation is in such a manner that older panel homes are removed first while maintaining the representativeness of the panel.
    • The Ministry guidelines further say that the secrecy and privacy of the panel homes must be maintained, and asked the BARC to follow a voluntary code of conduct.

    What are the loopholes in the process?

    • Several doubts have been raised on many previous occasions about the working of the TRP.
    • As per several reports, about 70% of the revenue for television channels comes from advertising and only 30% from subscriptions.
    • It is claimed that households were being paid to manipulate the TRP.

     

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  • [Burning Issue] Debate over Capital Punishment

    Context

    • After a prolonged court case in Ahmedabad Serial Blast Case 2008, a special court pronounced the punishments for the convicted, with 38 given death penalty.
    • This is the highest number ever given death sentence in any ruling in India.
    • On July 26, 2008, a series of 21 bomb blasts hit Ahmedabad within a span of 70 minutes, killing 56 people and injuring over 200.

    Hence the debate surrounding capital punishments has once again started. With the increasing strength of the human rights movement in India, the existence of capital punishment is questioned as immoral.

    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.

    When is it awarded?

    • The term “Capital Punishment” stands for most severe form of punishment.
    • It is the punishment which is to be awarded for the most heinous, grievous and detestable crimes against humanity.
    • While the definition and extent of such crimes vary, the implication of capital punishment has always been the death sentence.

    Historical Background

    • Capital punishment is an ancient sanction.  There is practically no country in the world where the death penalty has never existed.
    • History of human civilization reveals that during no period of time capital punishment has been discarded as a mode of punishment.
    • Capital punishment for murder, treason, arson, and rape was widely employed in ancient Greece under the laws of Draco, though Plato argued that it should be used only for the incorrigible.
    • The most terrible form of public beheading still persists in Saudi Arabia and other Gulf Countries (and surprisingly, it is one of the most cherished public event).
    • Pakistan has death penalty even for the juveniles.

    Capital Punishment in India

    • Article 21 ensures the Fundamental Right to life and liberty for all persons.
    • It adds no person shall be deprived of his life or personal liberty except according to procedure established by law.
    • Capital punishment is an integral part of the Indian criminal justice system.
    • The Indian Penal Code (IPC) provides that only in following offences, capital punishment could be awarded:
    1. Murder (s.302),
    2. Abetment of suicide by a minor, insane person or intoxicated person (s.305),
    3. Threatening or inducing any person to give false evidence resulting in the conviction and death of an innocent person (s.195A),
    4. Perjury resulting in the conviction and death of an innocent person (s.194),
    5. Treason, for waging war against the Government of India (s.121),
    6. Abetment of mutiny actually committed (s.132),
    7. Attempted murder by a serving life convict (s.307(2)),
    8. Kidnapping for ransom (s.364A),
    9. Dacoity [armed robbery or banditry] with murder (s.396),
    10. Criminal conspiracy (s. 120 B),
    11. Death penalty is also provided under the following special and local laws:
    1. Unlawful Activities Prevention Act, 1967 (as amended in 2004)
    2. Defence and Internal Security of India Act, 1971
    3. Defence of India Act, 1971
    4. Commission of Sati (Prevention) Act, 1987
    5. Narcotic Drugs and Psychotropic Substances (Prevention) Act, 1985, as amended in, 1988
    6. Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA)
    7. Prevention of Terrorism Act 2002, (POTA)
    8. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
    9. Explosive Substances Act, 1908 (amended in 2001)
    10. Arms Act, 1959 (amended in 1988)
    11. Laws relating to the Armed Forces, for example the Air Force Act 1950, the Army Act 1950 and the Navy Act 1950 and the Indo-Tibetan Border Police Force Act 1992
    12. Various states (Andhra Pradesh, Karnataka, Arunachal Pradesh and Maharashtra) have control of Organised Crime Acts which entail the death penalty.

    Special factors on the death penalty jurisprudence in India

    (a) Increase in Sexual Offences

    • The report on death penalty published by NLU Delhi shows that the rate of awarding capital punishment to the offences of rape with murder is much higher than other offences.
    • There is no doubt that rape is one of the most heinous crimes.

    (b) Sedition and waging War against India

    • India has seen many cases of treason, terrorism and seditious activities.
    • It is in fact the most vulnerable state for such crimes.

    Judicial observations related to Death Penalty

    The Supreme Court has always said that the death sentence should be given rarely.

    Judgments against:

    (a) Mithu vs State of Punjab (1983):

    • The Supreme Court ruled that the mandatory death penalty is unconstitutional.
    • It struck down Section 303 in the IPC, which entailed a mandatory death sentence for a person who commits murder while serving a life term in another case.
    • The Supreme Court ruled Section 303 violated Articles 14 (right to equality) and 21 (right to life) since an unreasonable distinction was sought to be made between two classes of murders.

    (b) State of Punjab vs Dalbir Singh (2012):

    • Similarly, the Supreme Court ruled that mandatory death penalty as punishment for crimes under Section 27 (3) of the Arms Act, 1959, was unconstitutional.

    (c) Channulal Verma vs State of Chhattisgarh (2018):

    • In Channulal, the Supreme Court, through Justice Kurian Joseph noted that the time was appropriate to review the constitutionality of the death penalty and take into consideration reformative aspects of punishment

    Judgments in favour:

    • 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.
    • 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.
    • 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 a “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:
    1. First, is there something uncommon about the crime which renders the sentence of imprisonment for life inadequate and calls for a death sentence?
    2. Second, are there circumstances of the crime such that there is no alternative but to impose the death sentence even after according maximum weightage to the mitigating circumstances which speak in favour of the offenders?

    Avenues available to a Death-Row Convict

    • Confirmation by HC: After a trial court awards the death penalty, the sentence must be confirmed by a High Court. The sentence cannot be executed till the time the High Court confirms it, either after deciding the appeal filed by the convict, or until the period allowed for preferring an appeal has expired.
    • Review Petition: If the High Court confirms the death penalty and it is also upheld by the Supreme Court, a convict can file a review petition.
    • Curative Petition: If the review petition is rejected, the convict can file a curative petition for reconsideration of the judgment.
    • Mercy Petition: Under Article 72 of the Indian Constitution, the President shall have the power to grant pardons, reprieves, respites, or remissions of punishments or to suspend, remit or commute the sentence of any convicted person.

    Debate over Death Penalty

    Arguments in favor:

    • Forfeiture of life: Supporters of the death penalty believe that those who commit murder, because they have taken the life of another, have forfeited their own right to life.
    • Moral indignation of the victim: It is a just form of retribution, expressing and reinforcing the moral indignation not only of the victim’s relatives but of law-abiding citizens in general.
    • Highest form of Justice: For heinous crimes such as the Nirbhaya Gangrape Case, no other punishment could have deterred the will of the convicts.
    • Deterrent against crime: Capital punishment is often justified with the argument that by executing convicted murderers, we will deter would-be murderers from killing people.
    • Proportional punishment: The guilty people deserve to be punished in proportion to the severity of their crime.
    • Prevailing lawlessness: The crimes we are now witnessing cannot be addressed by simple punishments. We are seeing horrific attacks on women, young girls, minority communities and Dalits etc.
    • Prevention of crime is non-existent: Despite of stringent regulations, it is certainly visible that some crimes can never be prevented in our society.

    Arguments against:

    • Eye for an eye: Reformative justice is more productive, that innocent people are often killed in the search for retribution, and that “an eye for an eye makes the whole world blind.
    • Deterrence is a myth: Death penalty is not a deterrent to capital crimes state that there is no evidence to support the claim that the penalty is a deterrent.
    • Political tool of suppression: The authorities in some countries, for example Iran and Sudan, use the death penalty to punish political opponents.
    • Reverence for life’ principle: Death penalty is an immoral punishment since humans should not kill other humans, no matter the reasons, because killing is killing.
    • Stigma against killing: With the introduction of lethal injection as execution method, medical professionals participate in executions. Many professionals have now refused to administer such deaths.
    • Skewed justice systems: In many cases recorded by Amnesty International, people were executed after being convicted in grossly unfair trials, on the basis of torture-tainted evidence and with inadequate legal representation.
    • Discriminatory nature: The weight of the death penalty is disproportionally carried by those with less advantaged socio-economic backgrounds or belonging to a racial, ethnic or religious minority.  
    • Penalizing the innocents: The risk of executing the innocent precludes the use of the death penalty. Our colonial history has witnessed many such executions.

    Other issues with such executions

    (a) Socio-Economic Factors

    • The recent statistics shows that the death row prisoners in India are more from the backward classes of the society.
    • The death row prisoners belong to backward classes and religious minorities and the majority of convicts’ families are living in adjunct poverty.
    • These people who are backward both in economic and social respects, are not in a position to here expensive lawyers and get proper representation in the Court.

    (b) Delayed Execution

    • The law provides for a long process before the execution of the convicts actually takes place.
    • The unexplained delay in execution can be a ground for commutation of death penalty, and an inmate, his or her kin, or even a public-spirited citizen could file a writ petition seeking such commutation.
    • Their trials are often cruelly forced to endure long periods of uncertainty about their fate.

    Way forward: Law Commission recommendations on death penalty

    The Law Commission of India in its 262nd Report (August 2015) recommended that:

    • Death penalty be abolished for all crimes other than terrorism related offences and waging war.
    • Measures such as police reforms, witness protection scheme and victim compensation scheme should be taken up expeditiously by the government.  
    • It felt that time has come for India to move towards abolition of the death penalty. However the concern is often raised that abolition of death penalty for terrorism-related offences and waging war, will affect national security.

    Further, the Commission sincerely hopes that the movement towards absolute abolition will be swift and irreversible

    Conclusion

    • The society is in uproar today as crime is constantly on the rise.
    • Law enforcement structures are struggling to meet the expectations of the civil society.
    • In a rapidly antipathic society, our legal structures need to send a strong message to enforce the idea that punishment will be “consequential” and commensurate to the crime.
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