Ever since the Allahabad High Court urged the Election Commission of India to consider banning all political rallies or postponing the upcoming Assembly elections due to the increasing threat of Omicron, the focus of debate has shifted to the EC.
Why and when does the Election Commission clubs the elections?
To avoid the influence of result: As per practice, the EC clubs all elections that are so close to each other to ensure that the results in one state do not influence the voters in the state going to the polls soon after.
Earliest date: The earliest due date of a state determines the poll dates for all the clubbed states.
No delay allowed: The EC cannot delay an election even by a day, although it can advance it by up to six months.
The Assembly elections of five states are due in the early months of 2022, four of these in March itself — Goa (by March 15), Manipur (March 19), Uttarakhand (March 23) and Punjab (March 27).
The fifth — UP — is due by May 14.
Goa being the earliest, we must have all five elections completed before March 15.
Why EC cannot postpone the elections?
Violation of Constitution: Postponing elections is not in the Election Commission’s hands at all and would be a violation of the constitutional mandate that gives every Vidhan Sabha a fixed term.
As soon as the term is over, the House stands dissolved automatically.
The term of the House cannot be extended except in an emergency declared by Parliament, which the Constitution restricts to only two situations — war and breakdown of law and order.
In the seven decades of our electoral history, this has happened only three times — in Assam, Punjab and Jammu and Kashmir — in insurgency situations.
Way forward: Strict enforcement of guidelines
Before the Bihar elections of 2020, the EC had issued detailed guidelines based on its observation of other countries that conducted elections that year, like South Korea and Sri Lanka.
Reduction of the number of electors: These guidelines included the reduction of the number of electors per polling booth from 1,500 to 1,000, to prevent over-crowding, which required the addition of 33,797 auxiliary polling stations.
Covid-sensitive capacity building: The guidelines also included Covid-sensitive capacity-building of election officials.
Postal ballot option: The ECI also extended the postal ballot option to senior citizens over the age of 80, Covid-positive patients, persons with disabilities and voters in essential services.
Virtual campaigning: Virtual campaigning was also encouraged to stop election rallies contributing to Covid.
Besides the standard social distancing and sanitising norms, voters were provided with gloves to touch the EVMs.
To avoid crowding at the counting centres, the counting tables were reduced from 14 to seven per assembly constituency.
Consider the question “What are the challenges in postponing the Assembly elections beyond the fixed terms of the Assembly? Suggest the way forward.”
Conclusion
This election is an opportunity for the EC to redeem its image. More importantly, it must guard itself against the trap of postponing the polls under any persuasion.
A government committee report in the Supreme Court has said that “income” is a “feasible criterion” for defining the “Economically Weaker Sections” (EWS) in society, and the annual family income of ₹8 lakh is a “reasonable” threshold to determine EWS.
Centre’s Argument: Strict criteria for EWS
The income criterion for EWS was “more stringent” than the one for the OBC creamy layer.
EWS’s criteria relates to the financial year prior to the year of application.
On the other side, income criterion for the creamy layer in OBC category is applicable to gross annual income for three consecutive years.
EWS Quota: A backgrounder
The 10% reservation was introduced through the 103rd Constitution Amendment and enforced in January 2019.
It added Clause (6) to Article 15 to empower the Government to introduce special provisions for the EWS among citizens except those in the classes that already enjoy reservation.
It allows reservation in educational institutions, both public and private, whether aided or unaided, excluding those run by minority institutions, up to a maximum of 10%.
It also added Clause (6) to Article 16 to facilitate reservation in employment.
The new clauses make it clear that the EWS reservation will be in addition to the existing reservation.
Significance of the quota
The Constitution initially allowed special provisions only for the socially and educationally backward classes.
The Government introduced the concept of EWS for a new class of affirmative action program for those not covered by or eligible for the community-based quotas.
What are the criteria to identify the section?
The main criterion is that those above an annual income limit of ₹8 lakh are excluded.
It accounts income from all sources such as salary, business, agriculture and profession for the financial year prior to the application of the family, applicants, their parents, siblings and minor children.
Possession of any of these assets, too, can take a person outside the EWS pool:
Five or more acres of agricultural land
A residential flat of 1,000 sq.ft. and above
A residential plot of 100 square yards and above in notified municipalities, and
A residential plot of 200 square yards and above in other areas
What are the court’s questions about the criteria?
Reduction within general category: The EWS quota remains a controversy as its critics say it reduces the size of the open category, besides breaching the 50% limit on the total reservation.
Arbitrariness over income limit: The court has been intrigued by the income limit being fixed at ₹8 lakh per year. It is the same figure for excluding the ‘creamy layer’ from OBC reservation benefits.
Socio-economic backwardness: A crucial difference is that those in the general category, to whom the EWS quota is applicable, do not suffer from social or educational backwardness, unlike those classified as the OBC.
Metropolitan criteria: There are other questions as to whether any exercise was undertaken to derive the exceptions such as why the flat criterion does not differentiate between metropolitan and non-metropolitan areas.
OBC like criteria: The question the court has raised is that when the OBC category is socially and educationally backward and, therefore, has additional impediments to overcome.
Not based on relevant data: In line with the Supreme Court’s known position that any reservation or norms for exclusion should be based on relevant data.
Breaches reservation cap: There is a cap of 50% on the reservation as ruled in the Indira Sawhney Case. The principle of balancing equality ordains reservation.
What is the current status of the EWS quota?
The reservation for the EWS is being implemented by the Union Government for the second year now.
Recruitment test results show that the category has a lower cut-off mark than the OBC, a point that has upset the traditional beneficiaries of reservation based on caste.
The explanation is that only a small number of people are currently applying under the EWS category — one has to get an income certificate from the revenue authorities — and therefore the cut-off is low.
However, when the number picks up over time, the cut-off marks are expected to rise.
Practical issues with EWS Quota
The EWS quota will come in for judicial scrutiny soon. But it’s not only a matter for the judiciary, India’s Parliament should revisit the law too.
Hasty legislation: This law was passed in haste. It was passed in both the houses within 48 hours, and got presidential approval the next day.
Minority appeasement: It is widely argued that the law was passed to appease a certain section of upper-caste society and to suppress the demands for minority reservations.
Morality put to question: Imagine! A constitutional amendment has been made with few hours of deliberation and without consultation of the targeted group. This is certainly against constitutional morality and propriety.
Substantial backing is missing: This amendment is based on a wrong or unverified premise. This is at best a wild guess or a supposition because the government has not produced any data to back this point.
Under-reservation of Backward Classes: The assertion is based on the fact that we have different data to prove the under-representation of SC, ST, OBCs. That implies that ‘upper’ castes are over-represented (with 100 minus reservation).
Rationale of 10%: There is one more problem in this regard. The SC and ST quota is based on their total population. But the rationale for the 10 per cent quota was never discussed.
Principle of Equality: Economic backwardness is quite a fluid identity. It has nothing to do with historic wrongdoings and liabilities caused to the Backward Classes.
Way forward
Preserving the merit: We cannot rule out the sorry state of economic backwardness hampering merit in our country .
Rational critera: There has to be collective wisdom to define and measure the economic weakness of certain sections of the society in order to shape the concept of economic justice.
Judicial guidance: Judicial interpretation will pave the wave forward for deciding the criterion for EWS Quota.
Targetted beneficiaries. The centre needs to resort to more rational criteria for deciding the targeted beneficiary of this reservation system. Caste Census data can be useful in this regard.
Income study: The per capita income or GDP or the difference in purchasing power in the rural and urban areas, should be taken into account while a single income limit was formulated for the whole country.
A recent religious conclave has witnessed inflammatory and provocative speeches by some religious proponents hinting at a Myanmar-type ‘minority cleansing campaign’.
What is ‘Hate Speech’?
There is no specific legal definition of ‘hate speech’.
The Law Commission of India, in its 267th Report, says: “Hate speech generally is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like …
Thus, hate speech is any word written or spoken, signs, visible representations within the hearing or sight of a person with the intention to cause fear or alarm, or incitement to violence.”
In general, hate speech is considered a limitation on free speech that seeks to prevent or bar speech that exposes a person or a group or section of society to hate, violence, ridicule or indignity.
How is it treated in Indian law?
Provisions in law criminalize speeches, writings, actions, signs and representations that foment violence and spread disharmony between communities and groups and these are understood to refer to ‘hate speech’.
Sections 153A and 505 of the Indian Penal Code are generally taken to be the main penal provisions that deal with inflammatory speeches and expressions that seek to punish ‘hate speech’.
[I] Section 153A:
Promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony’, is an offence punishable with three years’ imprisonment.
[II] Section 505:
505(1): Statements conducing to public mischief
The statement, publication, report or rumour that is penalized under Section 505(1) should be one that promotes mutiny by the armed forces, or causes such fear or alarm that people are induced to commit an offence against the state or public tranquility.
This attracts a jail term of up to three years.
505(2): It is an offence to make statements creating or promoting enmity, hatred or ill-will between classes.
505(3): Same offence will attract up to a five-year jail term if it takes place in a place of worship, or in any assembly engaged in religious worship or religious ceremonies.
What has the Law Commission proposed?
The Law Commission has proposed that separate offences be added to the IPC to criminalize hate speech quite specifically instead of being subsumed in the existing sections concerning inflammatory acts and speeches.
[A] Inserting two sections
It has proposed that two new sections, Section 153C and Section 505A, be added.
Section 153C
It is an offence if anyone-
Uses gravely threatening words, spoken or written or signs or visible representations, with the intention to cause fear or alarm OR
Advocates hatred that causes incitement to violence, on grounds of religion, race, caste or community, sex, gender identity, sexual orientation, place of birth, residence, language, disability or tribe
Section 505A
It proposes to criminalize words, or display of writing or signs that are gravely threatening or derogatory, within the hearing or sight of a person, causing fear or alarm or, with intent to provoke the use of unlawful violence against that person or another”.
[B] Imprisonment
Section 153C: two-year jail term for this and/or a fine of ₹5,000 or both
Section 505A: prison term of up to one year and/or a fine up to ₹5,000
Other committees’ recommendations
Similar proposals to add sections to the IPC to punish acts and statements that promote racial discrimination or amount to hate speech have been made by the M.P. Bezbaruah Committee and the T.K. Viswanathan Committee.
At present, the Committee for Reforms in Criminal Laws, which is considering more comprehensive changes to criminal law, is examining the issue of having specific provisions to tackle hate speech.
Why regulate hate speech?
Creates social divide: Individuals believe in stereotypes that are ingrained in their minds and these stereotypes lead them to believe that a class or group of persons are inferior to them and as such cannot have the same rights as them.
Threat to peaceful co-existence: The stubbornness to stick to a particular ideology without caring for the right to co-exist peacefully adds further fuel to the fire of hate speech.
Issues in regulating hate speech
Powers to State: Almost every regulation of speech, no matter how well-intentioned, increases the power of the state.
Hate speeches are Political: The issue is fundamentally political and we should not pretend that fine legal distinctions will solve the issue.
Legal complications: An over-reliance on legal instruments to solve fundamentally social and political problems often backfires.
What lies ahead?
Subjects like hate speeches become a complex issue to deal with, in a country like India which is very diverse, as it was very difficult to differentiate between free and hate speech.
There are many factors that should be considered while restraining speeches like strong opinions, offensive comments towards certain communities, the effect on values like dignity, liberty and equality.
We all have to work together and communicate efficiently for our country to be a healthy place to live in.
The Delhi High Court has permitted a 28-week pregnant woman to undergo medical termination of pregnancy on account of substantial foetal abnormality.
What did the HC rule?
Ans. Termination of Pregnancy is a matter of Right
The High Court said the woman cannot be deprived of the freedom to take a decision to continue or not to continue with the pregnancy, due to foetal abnormalities.
HC ruled that reproductive choice is a dimension of personal liberty that is enshrined in Article 21 of the Constitution.
It stated that allowing the pregnancy to continue would have a deleterious impact on the petitioner’s mental health.
The petitioner cannot be deprived of the freedom to take a decision to continue or not to continue with the pregnancy in view the medical board’s opinion.
What is the Medical Termination of Pregnancy (MTP) Act?
Abortion in India has been legal under various circumstances for the last 50 years with the introduction of MTP Act in 1971.
The Act was amended in 2003 to enable women’s accessibility to safe and legal abortion services.
Termination of pregnancy is permitted for a broad range of conditions up to 20 weeks of gestation as detailed below:
Threat to mother: When the continuation of pregnancy is a risk to the life of a pregnant woman or could cause grave injury to her physical or mental health;
Child abnormalities: When there is substantial risk that the child, if born or dead would be seriously handicapped due to physical or mental abnormalities;
Rape survivors: When pregnancy is caused due to rape (presumed to cause grave injury to the mental health of the woman);
Failure of contraception: When pregnancy is caused due to failure of contraceptives used by a married woman or her husband (presumed to constitute grave injury to mental health of the woman).
Conditions for abortion
The MTP Act specifies – (i) who can terminate a pregnancy; (ii) till when a pregnancy can be terminated; and (iii) where can a pregnancy be terminated.
There must be an opinion formed of a doctor, that the pregnancy would cause a risk to the life of the pregnant woman or grave injury to her physical or mental health.
When a pregnancy exceeds 20 weeks but not 24 weeks, termination is permissible on the opinion formed of two registered medical practitioners.
What was the recent case?
In the present case, the woman has completed 28 weeks of pregnancy.
As the MTP Act does not permit pregnancy termination beyond 24 weeks, she approached the court.
Various anomalies were found in the heart of the foetus in the foetal ECG.
Key issues
There are differing opinions with regard to allowing abortions.
One opinion is that terminating a pregnancy is the choice of the pregnant woman and a part of her reproductive rights.
The other is that the state has an obligation to protect life, and hence should provide for the protection of the foetus.
Across the world, countries set varying conditions and time limits for allowing abortions, based on foetal health, and risk to the pregnant woman.
Conclusion
Access to abortion facilities is limited not just by legislative barriers but also the fear of judgment from medical practitioners.
It is imperative that healthcare providers be sensitized towards being scientific, objective and compassionate in their approach to abortions.
India and Pakistan has exchanged a list of their nuclear installations that cannot be attacked in case of an escalation in hostilities, as part of an annual ritual that has been in practice between the two neighbours for more than three decades.
Non-Nuclear Aggression Agreement
The Non-nuclear aggression agreement is a bilateral and nuclear weapons control treaty between India and Pakistan, on the reduction (or limitation) of nuclear arms.
Both pledged not to attack or assist foreign powers to attack on each others nuclear installations and facilities.
The treaty was drafted in 1988, and signed by the PM Rajiv Gandhi and his counterpart Benazir Bhutto on 21 December 1988; it entered into force on January 1991.
The treaty barred its signatories to carry out a surprise attack (or to assist foreign power to attack) on each other’s nuclear installations and facilities.
Starting in January 1992, India and Pakistan have annually exchanged lists of their respective military and civilian nuclear-related facilities.
Need for the treaty
In 1986-87, the massive exercise, ‘Brasstacks’ was carried out by the Indian Army, raising the fears of an Indian attack on Pakistan’s nuclear facilities.
Since then, the Foreign ministries of both countries had been negotiating to reach an understanding towards the control of nuclear weapons.
Significance of the agreement
The treaty barred its signatories to carry out a surprise attack (or to assist foreign power to attack) on each other’s nuclear installations and facilities.
The treaty provides a confidence-building security measure environment.
Other: Sharing of Prisoners information
Both nations do simultaneously share the list of prisoners in each others’ custody.
These lists are exchanged under the provisions of the Agreement on Consular Access signed in May 2008.
Under this pact, the two countries should exchange comprehensive lists on January 1 and July 1 every year (i.e. twice a year).
Worldwide carmakers have slashed production due to an abrupt and cascading shortage of semiconductors.
Semiconductor Chips
Semiconductors — also known as integrated circuits (ICs), or microchips — are most often made of silicon or germanium, or a compound like gallium arsenide.
It’s the thing that makes electronic items smart and faster.
Made from a material, usually silicon, that “semi-conducts” electricity, the chip performs a variety of functions.
Memory chips, which store data, are relatively simple and are traded like commodities.
Logic chips, which run programs and act as the brains of a device, are more complex and expensive.
Reasons for shortages
Stay-at-home shift: This pushed chip demand beyond levels projected before the pandemic. Lockdowns spurred growth in sales of smartphones, laptops etc to the highest in a decade
Fluctuating forecasts: Automakers that cut back drastically early in the pandemic underestimated how quickly car sales would rebound.
Stockpiling: Chinese smartphone industry dominates the global market for 5G networking gear — began building up inventory to ensure it could survive US sanctions.
How is the chip crisis playing out in geopolitics?
The global chip crisis and geopolitical tensions with China have shifted focus back on semiconductors.
The US, which was once a leader in chip manufacturing, wants the crown back.
The protectionist US is looking to bring manufacturing back to America and reduce its dependency on a handful of chipmakers mostly concentrated in Taiwan and South Korea.
China’s renewed aggression on Taiwan is also being seen in light of the chip crisis.
Impact of semiconductor shortages
Chip shortages are expected to wipe out $210 billion of sales for carmakers this year, with the production of 7.7 million vehicles lost.
Broadband providers were facing delays of more than a year when ordering internet routers.
Why is it so hard to compete?
Manufacturing advanced logic chips requires extraordinary precision, along with huge long-term bets in a field subject to rapid change.
Plants cost billions of dollars to build and equip, and they have to run flat-out 24/7 to recoup the investment.
A factory also consumes up enormous amounts of water and electricity and is vulnerable to even the tiniest disruptions, whether from dust particles or distant earthquakes.
The Indian SARS-CoV-2 Consortium on Genomics (INSACOG) has sequenced about 1,00,000 samples.
What is INSACOG?
INSACOG is a consortium of 10 labs and 18 satellite labs across India tasked with scanning COVID samples from patients and finding the variants that has led to spike in transmission.
The institutes involved include the laboratories of the Department of Biotechnology, Council of Scientific and Industrial Research, Indian Council of Medical Research, and the Health Ministry.
Its work began in January 2020, by sequencing all samples with a history of travel from the U.K. and a proportion of positive samples in the community.
Tasks of INSACOG
The NCDC is tasked with coordinating collections of samples from the States as well as correlating disease with certain mutations.
It is mainly involved in genomic sequencing which is done by isolating the genetic material of the coronavirus samples.
It is also tasked with tracking certain combinations of mutations that become more widespread in India.
What has it found so far?
The INSACOG sequenced about 1,00,000 samples as of early December 2021 when this data was last made publicly available.
The bulk of its effort has been focussed on identifying international ‘variants of concern’ (VoC) that are marked out by the WHO as being particularly infectious or pathogenic.
International travellers who arrive in India and test positive are the ones whose samples usually get sent to INSACOG for determining the genomic variant.
Why is genome sequencing useful?
Understanding mutations: The purpose of genome sequencing is to understand the role of certain mutations in increasing the virus’s infectivity.
Immune response: Some mutations have also been linked to immune escape, or the virus’s ability to evade antibodies, and this has consequences for vaccines.
Effectiveness of vaccines: Labs across the world, including many in India, have been studying if the vaccines developed so far are effective against such mutant strains of the virus.
Evolution of viruses: Studies such as this have shown that Omicron, for instance, has evolved to evade antibodies much better than the Alpha or Delta variant. This prompted the push towards booster doses.
How is it done?
Genomic sequencing is done by isolating the genetic material (RNA) of the coronavirus samples.
RNA consists of millions of nucleotide bases and genomic sequencing is about identifying and comparing the sequence in a given sample to a reference sample.
Changes in the sequence are clues to mutations that show that the virus may have undergone distinct changes at some key locations.
There are several approaches to genome sequencing — whole genome sequencing, next-generation sequencing — that have different advantages.
It has now evolved to a stage where large sequencers can process even thousands of samples simultaneously.
Various challenges that INSACOG faces
Geographical variations: Given that COVID-19 is spreading, mutating and showing geographical variations, the original aim of the group was to sequence at least 5% of COVID-19 samples.
Shortage of funds: But only 1% has been achieved yet, primarily due to a shortage of funds, insufficient reagents and tools necessary to rapidly scale up.
Red-tapism: The INSACOG, in spite of being peopled by expert scientists, is ultimately within the Central government’s communication structure.
Infrastructure lacunae: Not all INSACOG labs have the same quality of equipment and manpower and therefore a surge or spike in some cities can mean difficulties in processing.
The restored and refurbished Chhatrapati Shivaji Maharaj Vastu Sangrahalaya (CSMVS) (erstwhile Prince of Wales Museum) will open this month as the building enters its centenary year.
Who was George Wittet?
George Wittet was born in Blair Atholl, Scotland. He studied architecture in Perth, Scotland, and worked in Edinburgh and York before arriving in India in 1904.
In India, he became assistant to John Begg, consulting architect to the Government of Bombay.
Together, they pioneered the Indo-Saracenic style, using it in many government and public buildings across Bombay.
About a decade later, Wittet rose to be consulting architect himself and was also elected as the first president of The Indian Institute of Architects.
Besides the Prince of Wales Museum, Wittet also designed the Gateway of India, a fine example of Indo-Saracenic architecture and among the most identifiable landmarks of Mumbai.
What is Indo-Saracenic style?
The Indo-Saracenic style was promoted by British architects starting from the late 19th century.
It is exemplified by the use of elements seen in architecture across India, from Mughal structures to Hindu temples.
The style was dominated by Indo-Islamic elements, but sometimes combined with Gothic and neo-classical elements popular in Britain at that time.
Major features of the style include domes and domelets, chhattris, minarets, and open pavilions.
Indo-Saracenic was seen as Raj’s efforts to promote “Indian” culture, so that their colonial subjects would view them more favorably, especially after the Revolt of 1857.
Notable monuments
Examples from other parts of India include the magnificent:
Victoria Memorial in Kolkata
Amba Vilas Palace (Mysore Palace) in Mysuru
Senate House (on the Madras University campus) in Chennai
Secretariat Building (Central Secretariat) in New Delhi
Mumbai’s notable architecture: CSMVS
The dome of the CSMVS is based on the Gol Gumbaz, the mausoleum of king Mohammed Adil Shah of Bijapur.
Wittet had toured the historic buildings of Bijapur, which was key to his Indo-Saracenic designs.
CSMVS’s finial is based on that of the Taj Mahal.
However, even though he won the competition for the museum’s design, it wasn’t his design that was executed finally.
Let’s admit this— As much as we have heard our seniors, mentors and toppers advise us to answer fewer questions in Prelims exams due to negative marking, do we want to follow it? All of us wish to answer as many questions as possible correctly. However, post 2014, questions have started getting tougher so much that now –
“Prelims is no longer about selecting the right option. It’s searching for the correct option by eliminating the incorrect ones.”
Let’s take a sample question from Prelims 2021 Paper —
Constitutional government means:
a representative government of a nation with federal structure
a government whose Head enjoys nominal powers
a government whose Head enjoys real powers
a government limited by the terms of the Constitution
An average aspirant gets confused between 2-3 options. Option a), b) and d) look equally correct but you have to select only one. The right answer is option d). How can you find out what was the missing criteria in option a) and b) which option d) fulfilled to emerge as the right answer?
Attend the free webinar by Sajal and Sudhanshu sir to get the answer.
Prelims question papers have become more or less like a game of Sudoko. Except, in Sudoko you can solve the puzzle at your leisure and over here you are limited by 2 hours. We hope this webinar will help all 2022 aspirants implement the suggestions of Sajal sir & Sudhanshu sir
SajalSingh has the distinction be being 2017 topper of GS Mains. He has appeared for interview 3 times. Over 400 students have emerged as toppers under SajalSir’s mentorship in the last 7 years.
Sudhanshu (IIM-K, MBA cont.) has first-hand experience of UPSC civil services and helped many candidates sail through. Prior to this he had served in India’s largest industrial defense complex under Ministry of Defense for 10 years. He also keeps a keen interest in regional and global geopolitics with contributions in several online portals including CivilsDaily IAS.
Formed in 1862, the Indian Penal Code completes 160 years of its existence. One of the prominent remains of the British era, IPC has been a part of Indian society. But has it served society according to its needs? Or does it still have a colonial hangover?
More important… has it been able to keep pace with the changing face of crime.
The article looks back at the journey of the Indian Penal Code and discusses the possibilities of reforms.
What is Indian Penal Code (IPC)?
The IPC is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law.
The code was drafted on the recommendations of first Law Commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of LordMacaulay.
It came into force in British India during the early British Raj period in 1862.
However, it did not apply automatically in the Princely States, which had their own courts and legal systems until the 1940s.
The Code has since been amended several times (more than 70 times) and is now supplemented by other criminal provisions.
Applications beyond India
After the partition, the IPC was inherited by its successor states, the Dominion of India and the Dominion of Pakistan, where it continues independently as the Pakistan Penal Code.
After the separation of Bangladesh from Pakistan, the code continued in force there.
The Code was also adopted by the British colonial authorities in Colonial Burma, Ceylon (modern Sri Lanka), the Straits Settlements (now part of Malaysia), Singapore and Brunei, and remains the basis of the criminal codes there.
Key feature: Versatility of the IPC
The Code is universally acknowledged as a cogently drafted code, ahead of its time.
It has substantially survived for over 150 years in several jurisdictions without major amendments.
The Supreme Court of UK has applauded the efficacy and relevance of IPC while commemorating 150 years of IPC.
Modern crimes involving technology unheard of during Macaulay’s time fit easily within the Code mainly because of the broadness of the Code’s drafting.
Some controversial sections of IPC
[A] Section 377: Homosexuality
This section prevented private consensual sex between adults of same sex. The Supreme Court of India decriminalised homosexuality by striking off parts of Sec. 377 of which were held violative of Fundamental Rights of LGBTQ Community under Art 14.
[B] Section 309: Attempt to Commit Suicide
The Section 309 of dealt with criminalizing attempt to suicide. This was however in P Rathnam v. Union of India held this section as unconstitutional and void for it violates Article 21.
[C] Section 497: Adultery
The Section was been criticised on the one hand for allegedly treating woman as the private property of her husband. The Supreme Court headed by the then CJI, Deepak Misra, pronounced that Section 497 is unconstitutional and hence, struck it down.
[D] Section 124A: Sedition
This section criminalises anti-national activities and sedition . Throughout India’s history this overbroad provision has been used to silence public figures, including Mahatma Gandhi. More recently it has been used to justify the harassment of protesters.
[E] Section 153A: Hate Speech
Promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony’, is an offence punishable with three years’ imprisonment.
[F] Section 499: Criminal Defamation,
This section criminalizes defamation, can be used to secure a conviction without proof that actual harm has occurred – the intent or knowledge that harm would likely result is sufficient. Predictably, this provision has been used to silence political speech.
Lacunae in IPC
Unchallenged and archaic: The code has been premised on some very basic principles of criminal jurisprudence and hence the underlying expositions and definitions in the IPC mostly remained unchallenged.
Covers generic offences: The classification of offences was kept generic and wider enough to include a vast array of wrong-doings and therefore it also did not pose major problems until recently.
Colonial attempt: The IPC was essentially a cultural product that reflects a European lineage which was quite alienated to many indigenous personal laws based on religion.
Modern crimes not covered: For instance Cyber Crimes, Drug Offences, Economic Offences, Juvenile Offences, Customs & Excise Offences and further there are many more emerging forms of crime to which IPC does not address.
Persistence of death penalty: Keeping of death penalty in the IPC had a different objective in colonial times. All such reasons have now vanished and the presence of death penalty in master criminal law of India defies modern principles of penology and rehabilitation.
Other legacy challenges
Delays in criminal trials pose a major challenge in the way of justice and seek more coordination between the stakeholders of the legal system.
Lack of awareness among people regarding the criminal laws adds to the weak functioning of the legal system even after the existence of a comprehensive legal framework.
Complex language of the laws mentioned under IPC forms a barrier for the legal interpreters and the common citizens which results in the delay of justice and adds loopholes in the entire system.
Way forward
The Malimath Committee (2003) has made following suggestions for a comprehensive for reforming and restructuring of IPC:
Legal research: There is a need to have empirical legal research showing areas required to be contemplated as new offences in the code.
Enforceability check: The same process should also be applied in case of identification of offences to be dropped from the IPC on account of being outdated nature and issues of enforceability involved in them.
Gender-based offences: There is no separate chapter on sexual offences in IPC. It is therefore the right time to dedicate a full chapter on this subject to bring all sexual offences at one place.
Cover modern laws: To be comprehensive enough, the IPC must also include chapters on cyber laws, economic offences, and terrorist offences in the code. This would be helpful in avoiding duplicity and confusion.
Indigenization: In revision, the indigenousness in the framing of laws must be given space which was completely left out by the IPC.
Parallel reforms in Policing: Although revamping IPC will lead to reforming the criminal justice system, additional changes in the police structure are also needed.
Conclusion
Reforming the criminal justice system is not just a one-step process.
Revamping IPC is a major step to modernize the criminal law of India and make it in accordance with the Indian democracy.
Fulfilling political agendas should not be the reason behind adding specific provisions.
