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  • Need for open protocols and networks in the realm of internet

    We are familiar with the dominance of some platforms on the internet. That dominance start to create problems. This article discusses the issues with dominance and suggests the solution drawing on the success of UPI.

    Platforms on the internet

    • Platforms are technology layers that leverage the internet to bring together producers, resellers and consumers.
    • Platforms reduce transaction costs by cutting out intermediaries.
    • Amazon started by selling books but became a profitable giant by creating the e-commerce platform called Amazon Marketplace.
    • The most valuable companies today are platforms for search, social interaction, advertising, insurance, travel, real estate, etc.

    Issues with the platforms

    • 1)The promise of the internet was disintermediation, but the process has hit a speed breaker with major platforms taking on the role of mediation. 
    • 2) There may be multiple platforms in the game to start with, but due to network effects and the non-portability/lock-in, only a few monopolies space.
    • 3) Big platforms have tried to create a sort of  cartel in which to trap the customers while fencing off the rest of the internet.
    • 4) The platforms amass data about users which is used to influence user behaviour, which is not limited to guiding the buying decisions.

    So, what is the solution?

    Let’s look at the success story of  the UPI

    • Unified Payment Interface (UPI) is a set of protocols that standardises the language of money transfer.
    • It is an interface: a simple and structured protocol for instructions and a clearinghouse that relays well-formed requests to concerned parties for execution.
    • Once the language is there, a user may choose any app to link their bank account to a UPI ID and make a pay or collect request involving any other bank account.
    • UPI handled 1.3 billion transactions in June 2020, overtaking the aggregate number of transactions of all legacy “platforms”.
    • UPI succeeded because it treated all players, big or small, equally.
    • This allowed third-party innovators to drive adoption by creating solutions that addressed the need of the people.

    Solution: Adopting of open protocols

    • Application Programming Interfaces (or API) are protocols that define the meaning of data exchanged between two computers.
    • Universally accepted API definitions could allow a cabbie to be discovered by any cab aggregator app the rider may choose.
    • In healthcare, it could facilitate finding a doctor, booking an ambulance, taking out insurance, filing a claim, sharing a medical report or purchasing medicines from a pharmacy.

    Advantages of open protocols

    • Open protocols create ecosystems that are non-rivalrous and non-excludable by design.
    • Even smallest of application developers or start-ups can offer low-cost, locally relevant solutions using the protocol.
    • We can address the needs of the diverse business community and achieve much greater penetration for e-commerce than the 10 per cent of today.
    • Open systems have the potential to transform education, food delivery, by enabling entrepreneurs to compete on their quality and reputation alone.
    • Portability from one application to another, privacy and data empowerment will be some of the issues taken care of.
    • We can reduce our dependence on foreign platforms.

    Consider the question “What are APIs? Examine the issues created by the dominant internet platforms and how the adoption of open protocols for API could address the problem?”

    Conclusion

    With such a huge potential in APIs open protocols, the government must bring out the policy for the creation of open protocols and realise the untapped potential it offers.

  • Relations between judiciary and legislature

    The article discusses the relation between the judiciary and the legislature. Recent development in Rajasthan assembly serves as the backdrop.

    Context

    • The political tussle in Rajasthan entered the High Court and the Supreme Court.
    • The Supreme Court itself proposed to rule on the larger question of the jurisdiction of courts to entertain such pleas.

    Historical background

    • The President of India made a presidential reference to the Supreme Court on the relative powers of legislative assemblies and constitutional courts.
    • The Supreme Court held that there is a broad separation of essential powers of each organ of the State.
    • However, the Court went on to hold that a judge who entertains a petition challenging any order of the legislature does not commit contempt of the said legislature.
    • Since then court have restrained themselves from interfering in the workings of legislative assemblies or Parliament is concerned.
    • The sole exception is under the anti-defection law-after a final order of disqualification has been passed.

    Let’s look into Kihoto Hollohan’s case

    • Constitution bench of the Supreme Court in 1992 held that the Speaker acting in a disqualification matter acts as a tribunal and is subject to judicial review.
    • However, the same judgment makes it clear that the Court will not intervene at an interim stage.
    • The same judgment further holds the Speakers/Chairmen hold a pivotal position in the scheme of Parliamentary democracy and are guardians of the rights and privileges of the House.

    Let’s now look into Rajasthan episode

    • In this case, issuance of a possible disqualification notice by the Speaker, has been contested in constitutional courts.
    •  Even in routine petitions against notices of proposed administrative actions, the petitioner is told to answer the show cause notice and to challenge the final action only.
    • The Rajasthan High Court, however, entertained a petition to challenge the Speaker’s authority to decide, if MLAs had committed an act of defection.
    • The Rajasthan High Court reserved its judgment, requested the Speaker to defer further proceedings and proceeded to direct him to await judgment.

    Co-equality of Constitutional authorities

    • Rajasthan assembly Speaker moved the Supreme Court, questioning the court’s power to direct a Constitutional authority.
    • The principle of law applied is that Constitutional authorities cannot issue directions to each other.
    • They can, at best, make a polite request.
    • The single judge in Calcutta, recorded in his judgment that the Supreme Court was only co-equal with the High Court, as a Constitutional Court.
    • Appellate powers of the Supreme Court did not make it a superior authority to which the High Court was subordinate.
    • Ever since, the Supreme Court has been careful to couch its orders as requests to any High Court, or Constitutional authority.
    • Constitutional courts have followed the same principle, in addressing other Constitutional authorities.

    Role of judiciary in maintaining the balance

    • Unnecessary conflict between organs of state may well invite some Speaker, backed by a solid majority at State and Centre, to defy the courts.
    • Courts are apolitical but keep getting pulled into political thickets, especially in matters of mass defections resulting in regime change.
    • The walls of separation between constitutional organs, once breached, cannot be then repaired against future intrusions.

    Consider the question “Analyse fine balance Indian Consitution strikes between the various Constitutional authorities. Also examine how role of judiciary in dealing with the anti-defection law.”

    Conclusion

    Even under a sovereign Constitution, parliamentary and legislative supremacy in their areas of working must be respected.

  • RBI signs $400 mn currency swap facility for Sri Lanka

    The RBI has agreed to a $400 million currency swap facility for Sri Lanka till November 2022.

    Practice question for mains:

    Q. What are Currency Swaps? Discuss the efficacy of Currency Swap Agreements for liberalizing bilateral trade.

    Why such move by RBI?

    • The RBI’s action follows a recent bilateral ‘technical discussion’ on rescheduling Colombo’s outstanding debt repayment to India.
    • Following the outbreak of COVID-19 in the region, India had proposed a virtual meeting to discuss the request. Sri Lanka owes $960 million to India.
    • In turn, Sri Lanka would facilitate, protect and promote a liberal ecosystem for Indian investors.

    What are Currency Swaps?

    • A currency swap, also known as a cross-currency swap, is an off-balance sheet transaction in which two parties exchange principal and interest in different currencies.
    • Currency swaps are used to obtain foreign currency loans at a better interest rate than could be got by borrowing directly in a foreign market.

    How does it work?

    • In a swap arrangement, RBI would provide dollars to a Lankan central bank, which, at the same time, provides the equivalent funds in its currency to the RBI, based on the market exchange rate at the time of the transaction.
    • The parties agree to swap back these quantities of their two currencies at a specified date in the future, which could be the next day or even three months later, using the same exchange rate as in the first transaction.
    • These swap operations carry no exchange rate or other market risks, as transaction terms are set in advance.

    Why does one need dollars?

    • FPIs investors look for safer investments but the current global uncertainty over COVID outbreak has led to a shortfall everywhere in the global markets.
    • This has pulled down foreign exchange reserves of many small and developing countries.
    • This means that the government and the RBI cannot lower their guard on the management of the economy and the external account.

    Benefits of currency swap

    • The absence of an exchange rate risk is the major benefit of such a facility.
    • This facility provides the flexibility to use these reserves at any time in order to maintain an appropriate level of balance of payments or short-term liquidity.
    • Swaps agreements between governments also have supplementary objectives like the promotion of bilateral trade, maintaining the value of foreign exchange reserves with the central bank and ensuring financial stability (protecting the health of the banking system).
  • What is Khazan Farming System?

    The Salim Ali Bird Sanctuary in low-lying floodplains of Goa is characterized by an estuarine agricultural system called Khazan farming.

    Try this question from our AWE initiative:

    How far is the Integrated Farming System (IFS) helpful in sustaining agricultural production? (10 Marks)

    Khazan Farming

    • The low-lying floodplains of Goa host an estuarine agricultural system called Khazan farming.
    • This system is a carefully designed topo-hydro-engineered agro-aquacultural ecosystem mainly based on the regulation salinity and tides.

    How does it work?

    • Centuries ago, people in this region reclaimed low-lying brackish coastal floodplains and mangrove forests.
    • They constructed bunds using locally available material to prevent the ingress of saltwater, which killed the halophilic mangroves.
    • To control the flow of tidal waters, they built openings in bunds fitted with one-way gates.
    • These channels would fill in with the oncoming tide and bring with them fish, crab and shrimp, and the gates would automatically shut when the water level was equal on both sides.
    • This prevented the water from overflowing into the fields used to grow paddy and which has a low tolerance to salt.
    • When the tide receded, these gates would open outwards automatically, allowing the water to drain out.
    • During this time, a bag net was set at the gate to catch fish that had entered in earlier.

    Benefits of Khazan

    • Every bit of space was precious and used efficiently — the bunds were used to grow a variety of vegetables.
    • The Khazan system allowed for the farmer and the fisher to harmoniously coexist and was the key to sustaining what is considered Goa’s staple — fish, curry and rice.

    Why is it neglected these days?

    • Today, for various reasons, but primarily due to post-independence agrarian reforms of 1961, these lands largely lie fallow and are in a state of decay.
    • Lack of cultivation and maintenance of the bunds and sluice gates is leading to their breaching and the natural reclamation of these fallow lands by mangroves.
    • Moreover, mangroves are protected by law and it is illegal to cut them.
    • Areas that have these trees growing on them also come under the purview of the coastal regulation zone (CRZ); according to the 2011 notification, the mangrove areas are classified as CRZ I and cannot be developed upon.

    Back2Basics: Salim Ali Bird Sanctuary

    • The Salim Ali Bird Sanctuary is Goa’s smallest protected area — it comprises barely two square kilometres of lush mangrove forests.
    • The sanctuary is located on Chorão, one of Goa’s estuarine islands in the Mandovi river approximately five kilometres from capital Panaji.
    • The sanctuary and its surrounds are home to marsh crocodiles, smooth-coated otter, the unique glossy-marsh snake that feeds on crabs, mud lobsters, sap-sucking sea slugs, among others.
  • In news: National Centre for Disease Control (NCDC)

    India’s premier organisation mandated to collect data about diseases, the NCDC is failing in its task as the spread of COVID-19 continues unabated.

    Practice question for mains:

    Q. Health infrastructure in India is hardly capable of handling any pandemic. Critically comment.

    About the National Centre for Disease Control

    • The NCDC carries out nationwide disease surveillance through its Integrated Disease Surveillance Programme (IDSP).
    • It is a vertical programme under Directorate General of Health Services.

    Its formation

    • This programme has been present in the country in different avatars since 1997 when the National Surveillance Programme for Communicable Diseases was set up.
    • This was upscaled to the Integrated Disease Surveillance Project in 2004, with assistance from the World Bank, to address the demands of the WHO’s International Health Regulations, 2005.
    • Under this, each country had to assess public health emergencies of international concern within 48 hours and report them to WHO within the next 24 hours.
    • It was then included in the 12th Plan (2012-17) under the Union Health Ministry and renamed IDSP.

    Mandate of the NCDC

    To aid the process of an investigation, NCDC has put down 10 steps that need to be followed for each outbreak:

    • Determine the existence of an outbreak
    • Confirm the diagnosis
    • Define a case
    • Search for cases
    • Generate hypothesis using descriptive findings
    • Test hypothesis with the analytical study
    • Draw conclusions
    • Compare hypothesis with established facts
    • Communication of findings
    • Execute preventive measures

    Why did NCDC fail?

    • IDSP’s manual says weekly and monthly updates are mandatory for each State and UTs even if no outbreaks are reported.
    • But this has never been observed to date.
    • There is an overlap between the diseases being followed by IDSP and other agencies like the National Vector Borne Disease Control Programme
    • The fact that IDSP does not collect mortality data was also a concern. Moreover, the IDSP was not investigating zoonotic diseases.
  • [pib] Kumhar Sashaktikaran Yojana (KSY)

    The Centre has distributed 100 electric potter wheels to 100 trained artisans under the KSY.

    Try this question from CSP 2018:

    Q. Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India:

    1. Securing for citizens of India a uniform civil code.
    2. Organising village panchayats.
    3. Promoting cottage industries in rural areas.
    4. Securing for all the workers reasonable leisure and Cultural opportunities.

    Which of the above are the Gandhian Principles that are reflected in the DPSP?

    (a) 1, 2 and 4

    (b) 2 and 3

    (c) 1, 3 and 4

    (d) 1, 2, 3 and 4

    Kumhar Sashaktikaran Yojana

    • KSY is an initiative of the Khadi and Village Industries Commission (KVIC) for the empowerment of potters’ community in the remotest of locations in the country.
    • It reaches out to the potters in U.P., M.P., Maharashtra, J&K, Haryana, Rajasthan, West Bengal, Assam, Gujarat, Tamil Nadu, Odisha, Telangana and Bihar.

    Benefits provided

    This program provides the following support to potters.

    • Training for advanced pottery products
    • Latest, new technology pottery equipment like the electric Chaak
    • Market linkages and visibility through KVIC exhibitions

    Back2Basics: KVIC

    • The KVIC is a statutory body formed in April 1957 under the ‘Khadi and Village Industries Commission Act of 1956’.
    • It is an apex organisation under the Ministry of Micro, Small and Medium Enterprises, with regard to khadi and village industries within India.
    • It seeks to plan, promote, facilitate, organise and assist in the establishment and development of khadi and village industries in the rural areas.
    • Its head office is in Mumbai, whereas its six zonal offices in Delhi, Bhopal, Bangalore, Kolkata, Mumbai and Guwahati.
  • Rosalind Franklin: the unsung heroine of DNA

    The famous British scientist and virologist Rosalind Franklin is remembered across the world on her birth centenary who worked to construct the double-helix structure of DNA.

    Try this PYQ from CSP 2019:

    DNA/RNA has been an all-time favourite of UPSC!

    Q.‘RNA interference (RNAi)’ technology has gained popularity in the last few years. Why?

    1. It is used in developing gene-silencing therapies.
    2. It can be used in developing therapies for the treatment of cancer.
    3. It can be used to develop hormone replacement therapies.
    4. It can be used to produce crop plants that are resistant to viral pathogens.

    Select the correct answer using the code given below:

    (a) 1, 2 and 4

    (b) 2 and 3

    (c) 1 and 3

    (d) 1 and 4 only

    Rosalind Franklin (1920-1958)

    • She was an English chemist and X-ray crystallographer whose work was central to the understanding of the molecular structures of DNA (deoxyribonucleic acid), RNA (ribonucleic acid), viruses, coal, and graphite.
    • Although her works on coal and viruses were appreciated in her lifetime, her contributions to the discovery of the structure of DNA were largely recognised posthumously.

    DNA breakthrough

    • In 1952, Raymond Gosling, a graduate student at King’s College London, took a historic X-ray photograph under Franklin’s supervision.
    • Photo 51, as it is called, demonstrates the now-familiar, double-helix structure of DNA.

    Why is she remembered now?

    • The world is currently gripped in a pandemic, and her pioneering research in virology provided a crucial early step in the search for cures, vaccinations and tests.
    • During the Second World War, Franklin carried out research into coal and graphite that proved important for gas-masks, the PPE of that time.
    • It is because of Franklin, her collaborators and successors, that today’s researchers are able to use tools such as DNA sequencing and X-ray crystallography to investigate viruses such as COVID-10.

    Back2Basics: DNA/RNA 

    • Deoxyribonucleic acid (DNA) and Ribonucleic acid (RNA) are perhaps the most important molecules in cell biology, responsible for the storage and reading of genetic information that underpins all life.
    • They are both linear polymers, consisting of sugars, phosphates and bases, but there are some key differences which separate the two.
    • These distinctions enable the two molecules to work together and fulfil their essential roles.
    • DNA encodes all genetic information and is the blueprint from which all biological life is created. And that’s only in the short-term.
    • In the long-term, DNA is a storage device, a biological flash drive that allows the blueprint of life to be passed between generations.
    • RNA functions as the reader that decodes this flash drive. This reading process is multi-step and there are specialized RNAs for each of these steps.

    Three types of RNA

    • Messenger RNA (mRNA) copies portions of genetic code; a process called transcription and transports these copies to ribosomes, which are the cellular factories that facilitate the production of proteins from this code.
    • Transfer RNA (tRNA) is responsible for bringing amino acids, basic protein building blocks, to these protein factories, in response to the coded instructions introduced by the mRNA. This protein-building process is called translation.
    • Finally, Ribosomal RNA (rRNA) is a component of the ribosome factory itself without which protein production would not occur.
  • [Burning Issue] Police Brutalities and the Need for their Sensitization

    “The police uniform evokes various emotions. There is a fear of oppression and cruelty, as well as a perception of security. This perception shapes into expression from our daily observance. These days, people face a predicament whether to approach the police or not. They are scared whenever they see a policeman approaching them. Instead of feeling secure in their presence, the popular feeling is that of insecurity.”

    Fake encounters, custodial deaths, lathi charge, abductions and third-degree torture — everyday episodes of sensational brutality by the policemen has shaken the nation’s trust in its police system. The horrific downturn in UP; alleged thrashing of a Dalit couple in MP and the murder of Jayaraj and Bennix at the hands of the local Tamil Nadu police has provoked a wide-spread national outrage.

    Police Misconduct: A norm in India?

    Police brutalities can be broadly observed as:

    1) Torture and extrajudicial killings

    • Police use torture and another mistreatment to elicit confessions to the charges they fabricate.
    • While the practice is not the norm in most of India, fake encounter killings occur frequently.
    • Between April 2017 and February 2018, India recorded a staggering 1,674 custodial deaths, a rate of five custodial deaths per day, according to statistics placed by the Home Ministry.
    • UP topped the list, with 374 deaths reported in this period of under a year.

    2) Prejudice and selective persecution

    • The Status of Policing in India Report 2019 reveals disturbing trends on police prejudice.
    • It indicates a significant bias against Minorities. Similar prejudices existed across certain states against Tribals, Dalits, transgenders and migrants from other states.

    3) Professional misconduct

    • Police misconduct refers to inappropriate conduct and illegal actions taken by police officers in connection with their official duties.
    • Types of misconduct include coerced false confession, intimidation, false arrest, falsification of evidence, spoliation of evidence, witness tampering, racial profiling, unwarranted surveillance, searches, and seizure of property.

    4) Corruption

    • A report by Transparency International, show that in India, Police organization is seen as most corrupt by the people.
    • At present, corruption is pervasive among the senior and junior ranks in the form of bribery.
    • Police allegedly buy and sell appointments to positions in the areas most lucrative for extorting money from local businesses and embezzling police funds.

    “Violence now runs in the veins of Gandhi’s nation. It demands police to lynch those who eat beef and do duty only for festive Bandobast and elections.”

    Various Recourse Available to Citizens

    Keeping the above circumstances in mind, it is imperative to understand the framework for pursuing grievances against police excesses.

    • Judicial remedy: Remedies, including compensation, can be sought before the High Courts and the Supreme Court under the violations of fundamental rights.
    • HR sanctions: Relief can also be sought before the National and the State Human Rights Commissions set up under the Protection of Human Rights Act, 1993, but their recommendations are not binding on the respective governments.
    • Criminal cases: Criminal complaints can be filed against the concerned officers for offences under the IPC, 1860, but there is no mechanism for an independent investigation.
    • Disciplining: Since the police is a state subject under the Constitution, disciplinary proceedings and punishment for errant police officers such as suspension, removal or deduction of salary are provided under respective state enactments.

    Why the Indian Police underperform: A Dangerous State of Disrepair

    The police force has always faced its own set of problems that remain hidden and impede its smooth functioning and performance.

    1) Inefficient Deployment and Workload

    • Policemen in India, on an average, work for a minimum of 12 hours a day, with no weekly off, no leaves, no overtime pay and no social life.
    • The police-population ratio, currently 192 policemen per lakh population, is less than what is recommended by UN i.e. 222 policemen per lakh population.

    2) Infrastructure

    • The deteriorating state of the police is most visible at police stations.
    • Decaying, colonial-era police stations and posts across India are stocked with antiquated equipment and lack sufficient police vehicles, phones, computers, and even stationery.
    • Many lacked basic equipment needed for investigating crimes, preserving evidence, and keeping minimally adequate records.

    3) Organizational discrepancies

    • The police structure in India is based on the archaic colonial laws that did not provide the lower ranks, with operational authority or advanced professional training.

    4) Lack of proper training

    • Police training has not seen any modifications since decades. It is severely underfunded. Training is of poor quality because instructors are poor.
    • For lower ranks, pre-induction training of six to nine months are military in style and are dominated merely by physical fitness: “foot drills,” “platoon drill,” and ceremonial parades. That’s it.

    5) Political interference

    • In a culture of sifarish —politically motivated refusal to register complaints, arbitrary detention, and torture and killings sometimes perpetrated by police at the behest of national and state politicians—have resulted in an unprecedented level of public distrust and fear of the police.
    • State and local politicians routinely tell police officers to drop investigations against people with political connections, including known criminals, and to harass or file false charges against political opponents.

    6) Psycho-social alienation

    • Since the onset of the lockdown, Policemen are the most exposed beings to their severity. These days, their work conditions are physically and mentally taxing, and lower-ranking personnel are grossly frustrated over that.
    • The biggest problem they face is that there is a lack of social and family life. The apathy and brutalities these days are somewhat manifestations of these saturating conditions.

    “We have no time to think, no time to sleep. I tell my men that a victim will only come to the police station because we can give him justice, so we should not beat him with a stick. But often the men are tired and irritable and grave mistakes take place out of overt frustrations.”

    The long waited Reforms

    Parliamentary Research Services (PRS) in 2017 put out a report on police reforms in India.

    • They articulated six areas where considerable work was still needed—police accountability; the need to separate law and order from the investigation; poor working conditions and an overburdened police force; constabulary related issues; police infrastructure; and public-police relations.

    Till now, six committees, including the National Police Commission, have been set up by the government. These committees made recommendations in favour of major police reforms. These include the Gore Committee on Police Training (1971-73), the Ribeiro Committee on Police Reforms (1998), the Padmanabhaiah Committee on Police Reforms (2000), the Group of Ministers on National Security (2000-01), and the Malimath Committee on Reforms of Criminal Justice System (2001-03).

    In what is popularly referred to as the Prakash Singh Case of 2006, the Supreme Court ordered that reform must take place. It made seven-point directives to the Center and State governments.

    The seven directives are:

    1) Limit political control
    Constitute a State Security Commission to:

    • Ensure that the state government does not exercise unwarranted influence or pressure on the police.
    • Lay down broad policy guidelines.
    • Evaluate the performance of the state police.

    2) Appoint based on merit
    Ensure that the Director-General of Police is appointed through a meritbased, transparent process, and secures a minimum tenure of 2 years.

    3) Fix minimum tenure
    Ensure that other police officers on operational duties (Including Superintendents of Police in charge of a district and Station House Officers in charge of a police station) are also provided with a minimum tenure of 2 years.

    4) Separate police functions
    Separate the functions of investigation and maintaining law and order.

    5) Set up fair and transparent systems
    Set up a Police Establishment Board to decide and make recommendations on transfers, postings, promotions and other service-related matters of police officers of and below the rank of Deputy Superintendent of Police.

    6) Establish a Police Complaints Authority in each state
    At the state level, there should be a Police Complaints Authority to look into public complaints against police officers of and above the rank of Superintendent of Police in cases of serious misconduct, including custodial death, grievous hurt or rape in police custody. At the district level, the Police Complaints Authority should be set up to inquire into public complaints against the police personnel of and up to the rank of Deputy Superintendent of Police in cases of serious misconduct.

    7) Set up a selection commission
    A National Security Commission needs to be set up at the union level to prepare a panel for selection and placement of chiefs of the Central Police Organizations with a minimum tenure of 2 years.

    “It has become obvious that the police cannot be neutral. Either you comply with every order from the political masters, or you have some strong backing of a leader who protects you. That is how policing is being done in our country .”

    Reforms: Largely on Papers

    • The directions of the Supreme Court, as usual, have fallen on deaf ears.
    • The Justice Thomas Committee appointed by the Supreme Court for monitoring compliance with the Prakash Singh judgement expressed dismay in its 2010 report over the total indifference exhibited by the states.
    • In 2013, the Justice Verma Committee constituted after the Nirbhaya gangrape also noted such non-compliance in its report and urged all states to fully comply with the top court’s directives to tackle systemic problems in policing.

    Why these reforms are yet unimplemented?

    • What has perhaps stalled the implementation of these reforms is the lack of political will, which in turn could be linked to the growing criminalization of politics.
    • When lawmakers increasingly feature serious criminal charges in their resume, they have very little incentive to professionalize the police force.
    • Growing criminality of politics may be hindering both police performance and the impetus for police reform.

    “Whatever the hiccups are, the clear bottom line is that the police are entrusted with the undeniable duty of protection. They need to inspire confidence amongst the citizen toward them, as nobody else can do better on their behalf.”

    Way Forward

    Efforts to end abuses will not succeed unless made part of a comprehensive overhaul. The following recommendations to both improve the functioning of the police and curtail abuses are drawn from multiple committees:

    1) Overhaul police structures and improve working conditions

    • Improve working conditions: Minimum standards for housing and work hours should be developed, for instance, a requirement that station house officers announce and adhere to a monthly work schedule with maximum hours of work and provide for the mandatory leave.
    • Improve training and equipment: A scarcity of trained personnel can contribute to the likelihood of abusive behaviour, such as the “short-cuts” of refusing to register crime complaints to reduce caseloads and building cases on coerced confessions rather than a collection of evidence. The investigation curriculum at police academies must be bolstered.
    • Training on human rights and professional conduct: Frustrated officers with nothing to lose are more likely to engage in abusive behaviour. To change this environment, HR training must be provided for better police behaviour.

    2) Enforce the law

    • Investigating police abuse and misconduct: The complaints against police officers and their investigation should be done by independent bodies which have no political as well as police interference only the crime against innocent citizens would reduce.
    • Preventing Torture: Strong domestic laws are critical to signalling police that torture is never a permissible means to extract confessions or other information from criminal suspects.
    • Repeal laws that encourage impunity: Section 197 of the Criminal Procedure Code continues to effectively shield many abusive police officials from prosecution for actions taken on “official duty”.  That needs to be amended.

    3) Ensure accountability and discipline

    • Establish an independent internal affairs or “professional responsibility” unit at the state level to promptly and impartially investigated.
    • Internal investigations should be triggered by allegations made to external government agencies such as the NHRC or other relevant agencies.

    4) Legislative intervention

    To implement the police reforms in letter and spirit, the Indian Parliament must-

    • Amend or replace the Police Act of 1861 with legislation conforming to the requirements of the Supreme Court in Prakash Singh judgement.
    • Amend the CrPC about FIR registration. To ensure prompt police aid to crime victims, amend Section 154 to explicitly state that a police station must register an FIR regardless of jurisdiction. Adopt the 2005 Police Act Drafting Committee’s recommendation to make failure to register an FIR a criminal offence.
    • Ratify the Convention against Torture (UNCAT) and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Convention for the Protection of All Persons from Enforced Disappearance.
    • Specifically, define Torture and enforced disappearances as criminal offences in the IPC.
    • Amend the Evidence Act to make inadmissible any evidence obtained based on a police interrogation that involved the use of torture or cruel, inhuman or degrading treatment or other illegal coercion.
    • Amend Section 36 of the Protection of Human Rights (Amendment) Act, 2006 to permit the NHRC/SHRC to inquire into violations pending before other commissions.
    • Empower the NHRC/SHRC (the so-called toothless tigers) to issue binding orders, rather than non-binding recommendations to the state governments and police.

    The ‘police’ and ‘public order’ being in the State List of Seventh Schedule, police reforms are large to be undertaken by state governments.

    Conclusion

    With movements like Black lives matter, one can easily conclude that police brutality is a global phenomenon. The mentality of being brute with citizens needs to go.

    Training in modern concepts of justice and human rights is the need of the hour. The sensitization programmes for the field officers need to be conducted regularly. Zero tolerance for HR violations must be the mission.

    There has to be promptness of action and decency of behaviour. It is time to transforms it from ‘Ruler’s Police’ to ‘People’s Police.’

     

     


    References

    https://www.outlookindia.com/magazine/story/india-news-opinion-india-must-adopt-zero-tolerance-policy-for-torture-and-death-in-police-custody/303405

    https://www.orfonline.org/expert-speak/why-india-needs-urgent-police-reforms-46003/

    https://www.thehindu.com/opinion/lead/police-reform-and-the-crucial-judicial-actor/article31965573.ece

    https://scroll.in/article/966999/thoothukudi-isnt-an-exception-brutal-police-violence-has-always-been-the-norm-in-india

    https://www.tatatrusts.org/upload/pdf/spir-2018-common-cause.pdf

    https://www.hrw.org/report/2009/08/04/broken-system/dysfunction-abuse-and-impunity-indian-police#

  • Deepening ties with South Korea

    South Korea’s technological advancement and manufacturing capabilities can be helpful in India’s economic growth and human resource development. Seoul’s successful development story of the last few decades can complement Modi’s vision of making a “New India” by 2022.

  • Get ready For Upcoming Current Affairs Prelims Test Covering June on 25th July *You Get The Additional Coverage Of The Month Of May As Well In This Test!!!*

    Click here to enrol for the Prime Prelims TS

    The importance of Current Affairs in CSE examinations is immense. This is the most critical part of CSE Prelims as well as CSE Mains Exam. Aspirants should study in-depth to understand the significance of current affairs for UPSC. In fact, around 1/3rd questions in CSE exams are drafted around current affairs.

    Sometimes, UPSC usually does not ask direct and static questions from current affairs in Prelims Examination. Questions are focused on combining current affairs with conventional knowledge. One interesting reason behind this type of strategy is to check the ability of correlation a candidate has.

    Success in UPSC Prelims and UPSC Mains Exam is mainly subjected to how well an aspirant is aware of the important current affairs. Preparation of current affairs for UPSC is the key to unlock the exam. It requires practice and revision in a well-connected manner. Team Civilsdaily helps you conquer this frontier with its Prime Test Series.

    There are certain ways for current affairs preparation in order to become the master of this field. Here are some of the important tips described for reference.

    • Read the newspaper – This is the most effective and traditional way to prepare current affairs for UPSC Civil Services Examinations. Aspirants need to be updated with the trending topics happening across the globe. Reading a newspaper on a daily basis fills your mind with facts and viewpoints and this will improve your skills to write essay papers in exams. But if you are a working aspirant or staying in a place where availability of the hard copy of reading resources is not available, then also do not worry. You should refer to CIVILSDAILY WEBSITE for daily current affairs which are curated keeping active learning, resourceful preparation and the demand of UPSC Civil Services Preparation, in mind.
    • Check Time Allocation: You must read only the relevant news articles thoroughly. However, while doing so, make sure you are not spending more than an hour reading newspapers. You should finish reading daily current affairs within 90 minutes. Freshers may take a bit longer in the beginning. However, make sure you limit the time to one and a half hour per day during the weekdays. During the weekend, make sure you revise your notes at least once! And then, at the end of the month, go through the monthly compilation of Civilsdaily for a quick revision.
    • Organize your preparation – From the first day of current affairs preparation, start making short notes and divide the notes topic-wise in small modules. One can prepare either handwritten notes or opt for the digital format. These notes will help you to channelize your study on different topics. The curation of daily news at CIVILSDAILY is done keeping these sub-topics in mind and we have more than 200 stories to link the current affairs with demands of UPSC. You can check one example here.
    • Join Prime Test Series The best part with current affairs questions asked in UPSC exams is that they can be solved without wasting time. One can score maximum marks in less time in this section of the exam. Current affairs preparation for UPSC Civil Services Examination keeps the aspirant updated and helps in having a balanced view about different issues.

    Our Prime Prelims Test Series which shall enrich you to acquaint yourself with the pattern of CSE-2021, assess your abilities, rectify your mistakes and make you confident to appear on the examination day.

    Our Prime Prelims Test Series follows the same approach as that adopted by UPSC. Our team of experts is quite enriched with the UPSC pattern and focal point of the questions and hence creates more chances for the aspirants to crack civil service examination by appearing our Test Series.

    This is the time where many of you must have started UPSC CSP preparation with all the josh. Thus, what better exercise would you need than the Current Affair Mock Test. This is the 1st among the many current affairs Tests covering the whole month and we have curated it as per the trend of previous 5 years of UPSC CSP.  You see, since 2015, this has been the general weightage of various subjects in UPSC CSP:

    Subjects Question Distribution in the year 2019 Question Distribution in the year 2018 Question Distribution in the year 2017 Question Distribution in the year 2016 Question Distribution in the year 2015
    Current Affair

    (Including IR)

    22 28 34 27 29
    Economics 14 16 8 8 13
    History, Modern India, Indian National Movements, Art and Culture 17 15 14   15 14
    Geography 14 8 7   7 14
    Polity 15 13 22   7 13
    Science & Technology 7 7   4   8 7
    Environment 11 13   11   18 10

    Hence, almost 33% of the questions in Civil Services Prelims were related to Current Affairs section.

    The key philosophy of our prelims TS is Evidence-based question making: The 3600 questions you face in our mocks have their relevance established in UPSC’s trend analysis. We focus on themes that are important as per UPSC so that we maximize your chances of questions overlap with the actual UPSC Prelims.

    Noone but only you can assess how it will help you in being the top percentile of aspirants. You have to practice ruthlessly and civils Daily provides you with a platform to hone your skills.

    Click here to enrol for the Prime Prelims TS

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