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Subject: Governance

Important aspects of Society

  • How can a Juvenile be tried as an Adult in Court?

    Central idea: In this article, we will discuss the process of trying juveniles in the age group of 16-18 as adults in court and the responsibilities of the Juvenile Justice Board.

    About Juvenile Justice Act, 2015

    Description
    Purpose To provide for the care, protection, and rehabilitation of children in need of care and protection, and for the adjudication of delinquent juveniles accused of committing an offence.
    Age group covered Act covers children up to the age of 18 years.
    Categories of offences Offences committed by children are categorised into petty offences, serious offences, and heinous offences.
    Trial of children as adults For the first time, the Act provided for trying juveniles in the age group of 16-18 as adults in cases of heinous offences.
    Role of Juvenile Justice Board The Juvenile Justice Board (JJB) is responsible for the care, protection, and rehabilitation of children in need of care and protection, and for the adjudication of delinquent juveniles accused of committing an offence.
    Role of Child Welfare Committee Child Welfare Committee (CWC) is responsible for the care, protection, and rehabilitation of children in need of care and protection.
    Prohibition of disclosing identity Act prohibits the disclosure of the identity of a child in conflict with the law and mandates that the child be dealt with in a child-friendly manner.
    Monitoring and review National Commission for Protection of Child Rights (NCPCR) is responsible for monitoring the proper implementation of the provisions of the Act, and conducting reviews and evaluations.

     

    Issues with Juvenile’s trial

    There are several issues with the trial of juveniles as adults. Here are some of them:

    • Latent consequences: Juveniles are generally not mature enough to understand the consequences of their actions fully. Trying them as adults can lead to disproportionate sentences and undue punishment.
    • Losing scope for rehabilitation: Young offenders have a higher potential for rehabilitation and reform than adult offenders. Trying them as adults can limit their chances of being reformed and reintegrated into society.
    • Issue in legal representation: Juveniles may not have access to legal representation or may not understand their rights. Trying them as adults can result in unfair trials and convictions.
    • Impact on mental health: Being tried as an adult can have a severe impact on a juvenile’s mental health and well-being. It can lead to anxiety, depression, and trauma.
    • Stigma and discrimination: Juveniles who are tried as adults may face stigma and discrimination throughout their lives, affecting their ability to secure jobs, education, and housing.

    NCPCR lays guidelines for juvenile’s trial

    • The National Commission for Protection of Children (NCPCR) has issued guidelines for conducting a preliminary assessment by the Juvenile Justice Board (JJB).
    • This has been done under Section 15 of the Juvenile Justice Act, 2015, to ascertain whether a juvenile can be tried as an adult.
    • For the first time, the Act has provided for trying juveniles as adults in cases of heinous offences.

    Stipulated categories of offences

    • The Juvenile Justice Act categorizes offences committed by children into three categories –
    1. Petty offences
    2. Serious offences
    3. Heinous offences
    • Section 15 of the Juvenile Justice Act states that a preliminary assessment should be conducted by the Board in cases where a child above the age of 16 is alleged to have committed a heinous offence.
    • The assessment should focus on the child’s mental and physical capacity to commit the offence.
    • It should also consider the child’s ability to understand the consequences of the offence and the circumstances in which it was committed.

    Responsibilities of the Juvenile Justice Board

    • Assessment of the offender child: The Act directs that the Board shall consider the mental and physical capacity of the child for committing the alleged offence, the ability to understand the consequences of the offence, and the circumstances in which the offence was committed.
    • Psychological ‘trial’: It states that the Board can take the assistance of experienced psychologists or psychosocial workers or other experts. The Act also gives a disclaimer that the assessment is not a trial, but is only to assess the capacity of the child to commit and understand the consequences of the alleged offence.
    • Arriving at conclusion: After the assessment, the Board can pass an order saying there is a need to try the said child as an adult and transfer the case to a children’s court with the relevant jurisdiction.
    • Penalty: If tried as a minor, the child could be sent to a special home for a maximum of three years. If tried as an adult, the child can be sentenced to a jail term, except being sentenced to death or life imprisonment without the possibility of release.

    What is the preliminary assessment process?

    • The Social Investigation Report (SIR) is prepared by a probation officer, child welfare officer, or any social worker, and the Social Background Report (SBR) is prepared after interacting with the child or child’s family.
    • During the preliminary assessment, the Board and experts analyze and consider these reports.
    • If the Board decides that a child should be tried as an adult after the preliminary assessment, the case may be transferred to the Children’s Court with jurisdiction to try such offences.

    Issues in implementation

    • The major issue remains the implementation and absorption of these principles in the system, particularly to be followed by the JJB and the Children’s Court.
    • A lot of principles which have been made a part of the Act have not been given due prominence by the Board as well as by the Children’s Court.

    Conclusion

    • The NCPCR is under a statutory obligation under Section 109 of the JJ Act, 2015 to monitor the proper implementation of the provisions of the Act.
    • The guidelines have been made to remove any ambiguity and to clarify the steps that need to be followed while conducting the preliminary assessment.

     

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  • Women and India’s Labour force: Bridging the Gap

    Labour force

    Central Idea

    • Recent data reveals that despite more Muslim women than men enrolling in higher education courses, the number of Muslims in higher education has decreased. Additionally, Muslim women’s employment rates are still lagging behind, in line with the secular trends of low female labour force participation rates and increasing unpaid labour.

    The Current Scenario: Women’ Labour force participation

    • The PLFS reports show three disturbing secular trends:
    1. The female labour force participation (FLFP) rate has stagnated at very low levels in our country.
    2. Women’s employment is seen as a supplemental source of income, and that is only activated in dire times for the family.
    3. The share of women employed in unpaid labour has increased even for highly educated women. In 2017-18, 6.2 per cent of women (age 15-59) with graduate (or higher) level of education worked as unpaid helpers. By 2021-22, this share had increased to 11.2 per cent.

    Female labour force participation rate of Muslim women

    • The female labour force participation rate of Muslim women in the country is 15 per cent, as compared to 26.1 per cent for Hindu women.
    • Over the past three years, Muslim women have had the lowest LFP rate amongst all religious groups in the country, while the gender gap in participation has also been the widest for the community except for the Sikh community.
    • While salaried work is perhaps the more stable source of income, only 12.4 per cent of working Muslim women the lowest of all communities are salaried as compared to 16.2 per cent of Hindu women.
    • Research shows that Muslim women face significant discrimination in hiring at entry level roles.

    Labour force

    Why women labour force participation is low in India?

    • Cultural and social norms: Traditional gender roles and stereotypes often view women as responsible for domestic work and caregiving. Women are expected to prioritize their role as wives and mothers over their careers.
    • Lack of educational opportunities: Women from rural areas or lower socio-economic backgrounds may not have access to quality education or vocational training, limiting their employment opportunities.
    • Lack of safe and flexible work environments: Many women face challenges in finding safe and secure work environments, especially in fields that require mobility or working late hours. Women with children also face challenges in finding work that accommodates their caregiving responsibilities.
    • Discrimination and bias: Women face discrimination and bias in the workplace, including lower wages and fewer opportunities for advancement. Muslim women may also face additional discrimination based on their religion.
    • Legal barriers: Some laws and policies, such as restrictions on working night shifts, may limit women’s employment opportunities.
    • Patriarchal norms in family and society: Patriarchal norms often limit women’s decision-making power within the family and restrict their mobility outside of the home, further limiting their employment opportunities.

    Labour force

    Why the female labour force participation rate of Muslim women Is low?

    • Educational attainment: Muslim women, particularly those living in rural areas, have lower levels of educational attainment compared to women from other communities. This limits their access to better-paying and more skilled jobs, making it more difficult for them to enter the workforce.
    • Traditional gender roles: Muslim families, particularly those in conservative areas, have traditional gender roles where women are expected to prioritize household work and child-rearing over paid employment. This social norm is a significant barrier to women’s labor force participation.
    • Religious and cultural factors: Some Muslim women may face discrimination in the workplace due to religious and cultural stereotypes, which can limit their opportunities for employment.
    • Lack of safe and accessible transportation: Many women, particularly those from conservative communities, may face safety concerns when traveling alone. This limits their ability to commute to work and makes it difficult for them to access job opportunities outside of their immediate neighbourhoods.
    • Lack of support from family and community: Women may face resistance from their families and communities when they seek employment, particularly if it is seen as a threat to traditional gender roles or cultural norms.

    Women’s low participation in the labour force and impact on society and the economy

    • Economic loss: The low participation of women in the labour force leads to an economic loss for the country. Women’s potential contributions to the economy are not utilized, leading to a loss of output and income.
    • Gender inequality: The low participation of women in the labour force perpetuates gender inequality. It limits women’s access to economic opportunities and reduces their bargaining power, leading to their exclusion from decision-making processes.
    • Social welfare: The low participation of women in the labor force also affects social welfare. It limits the resources available to women and their families, leading to a lack of access to education, healthcare, and other basic services.
    • Demographic imbalance: The low participation of women in the labor force also leads to a demographic imbalance. It limits the number of women in positions of power and decision-making, which affects the representation of women in different sectors of the economy.
    • Poverty: The low participation of women in the labor force also affects poverty reduction efforts. It limits the number of women who are able to earn a living and provide for their families, which affects poverty reduction efforts in the long run.

    Way ahead: To increase inclusive women’s LFP

    • Society and Families must create supportive and sharing ecosystem: Society and families need to prioritize women’s employment as a means of contributing to the economic growth of the country. The stereotype of men being the sole breadwinner of the family puts a lot of pressure on them. Women can and should be brought in to share this burden while men share the burden of housework. It is essential to create a supportive ecosystem for women from all communities.
    • Providing skills training: Women should be provided with skills training and education to improve their employability. This could be achieved through vocational training programs, apprenticeships, and mentorship programs.
    • Employers must take intersectional approach: Employers need to ensure that they incorporate mechanisms to address unconscious biases in hiring. This can be done by designing inclusive networking opportunities and company events, promoting cultural awareness, creating an inclusive schedule for employees with faith-related needs, and offering compassion and support. Employers must work on women’s inclusion in the workplace and take an intersectional approach.
    • Policymakers must enable ecosystem for employment of women: The government and policymakers need to make those jobs available that women want and create ecosystems that are supportive of employed women. This involves creating space for women from all communities in policy conversations. There needs to be an emphasis on women’s employment as a means for them to have agency, express themselves, and expand their sources of happiness.
    • Encouraging entrepreneurship: Women entrepreneurs could be encouraged through access to credit, mentorship programs, and business incubators.

    Labour force

    Conclusion

    • India needs more women in the workforce to increase the size of the economic pie. Addressing the issue of Muslim women’s employment could significantly contribute to India’s economic growth. To bridge the gap, employers, policymakers, families, and society must work together and create a supportive ecosystem for women from all communities.

    Mains Question

    Q. The recent data suggests that Muslim women have had the lowest Labour force participation (LFP) rate amongst all religious groups in the country. Enumerate the reasons and Discuss overall impact of women’s low LFP on society and economy along with suggestions to improve women’s LFP .

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  • Tuberculosis (TB) Should No Longer Exists in the 21st Century: India can lead the way

    TB

    Central Idea

    • At the One World TB Summit in Varanasi, Uttar Pradesh on March 24, 2023, Prime Minister Narendra Modi called for a fresh approach to the global tuberculosis (TB) elimination response, with innovation and research being central drivers of change. This is a critical step as India and the world look to redefine their TB elimination response. India’s recent progress in TB control efforts and COVID-19 response provides a good reflection point, which offers lessons to address the challenges faced in the fight against TB.

    India’s Progress in TB Control Efforts

    • Expanded reach and improved detection measures: India’s National TB Elimination Programme has introduced several measures to find, notify, and treat TB cases, resulting in expanded reach and improved detection measures. As a result, the number of TB case notifications has significantly increased, rising from 15.6 lakh in 2014 to over 24 lakh in 2022.
    • Innovative approaches: India has adopted innovative approaches to TB management, including engagement with the private sector, launch of social support provisions, and introduction of diagnostic tools and new drug regimens. These measures have improved TB management in the country.
    • Increased investment in health research and development: India has recognized the importance of investing in health research and development, especially in recent years. The Mission COVID Suraksha programme to develop vaccines was a good example of a public-private partnership, with clear goals and outcomes. The country has also established centres of excellence, which will facilitate collaboration between Indian Council of Medical Research laboratories and the private sector.
    • Expansion of diagnostic tools: India has been working on expanding access to diagnostic tools for TB. Innovations such as nasal and tongue swab-based tests for TB can be a game changer by reducing diagnostic delays, and handheld digital x-ray machines with artificial intelligence-based software can now be taken to villages and urban settlements to screen large numbers of high-risk individuals.
    • Introduction of new therapeutic molecules: India has been investing in the development and introduction of new therapeutic molecules for TB treatment. Shorter, safer, and more effective regimens, such as the 1HP regimen for latent TB infections, the four-month regimen (HPZM) for drug-susceptible TB, and the six-month regimen (BPaL/M) for drug-resistant TB, have been developed.

    Why there is a Need for Disruptive Approaches and New Tools in TB elimination response?

    • Lack of widespread awareness: Despite the progress made by India’s National TB Elimination Programme, there is still a lack of widespread awareness about the disease, which has led to delayed diagnosis and treatment.
    • Access to quality care: Many people with TB in India and other developing countries do not have access to quality care, which has led to high rates of morbidity and mortality.
    • Limited diagnostic tools: There is a need to expand access to diagnostic tools for TB, especially in rural and remote areas.
    • Drug-resistant TB: The emergence of drug-resistant TB has made treatment more difficult, requiring the development of new therapeutic molecules and regimens.
    • Need for innovative approaches: Innovative approaches are needed to change the way TB is prevented, diagnosed, and treated.
    • Rapidly evolving technology: Advances in technology, such as point-of-care tests, artificial intelligence-based software, and handheld digital x-ray machines, have made it possible to develop new tools to combat TB.
    • For example: Innovative technologies such as handheld digital x-ray machines with artificial intelligence-based software and nasal and tongue swab-based tests for TB can reduce diagnostic delays and provide rapid, low-cost diagnostics. Similarly, newer and more effective regimens and repurposed existing drugs for TB can play a crucial role in the long run.

    Importance of Prioritizing TB Vaccine Trials

    • Vaccines are key to ending the TB epidemic: Vaccines are one of the most effective ways to prevent infectious diseases. For TB, a vaccine would be a critical tool for ending the epidemic, especially for those who are at the highest risk of developing and spreading TB.
    • BCG vaccine is not effective for all: The current TB vaccine, Bacille Calmette-Guérin (BCG), is not effective for everyone, especially adolescents and adults who are at the highest risk of developing and spreading TB. Therefore, new and effective vaccines are needed to provide adequate protection.
    • Multiple TB vaccine candidates in the pipeline: There are currently over 15 TB vaccine candidates in the pipeline, which have shown promise in pre-clinical and clinical trials. Prioritizing these clinical trials will help identify the most effective vaccine candidates for various community settings and different target groups.
    • Cost-effectiveness: Vaccines are a cost-effective way to prevent diseases, and a TB vaccine would be no different. Investing in TB vaccine trials and development would save resources in the long run by reducing the burden of TB on health systems and economies.
    • Global impact: TB is a global public health issue, affecting millions of people worldwide. The development of a new TB vaccine would have a significant impact not only in India but also in other high-burden countries.

    Facts for prelims: Types of vaccine technologies

    Vaccine Technology

    		 Explanation

    Examples
    Inactivated or killed vaccines Use viruses or bacteria that have been inactivated or killed so that they can no longer cause disease Inactivated polio vaccine, hepatitis A vaccine
    Live attenuated vaccines Use viruses or bacteria that have been weakened so that they can’t cause disease in healthy people Measles, mumps, and rubella (MMR) vaccine, yellow fever vaccine
    Protein subunit vaccines Use pieces of the virus or bacteria, such as proteins or sugar molecules, to stimulate an immune response Human papillomavirus (HPV) vaccine, pertussis (whooping cough) vaccine
    Nucleic acid vaccines Use genetic material from the virus or bacteria, such as DNA or RNA, to stimulate the immune system COVID-19 mRNA vaccines from Pfizer-BioNTech and Moderna
    Viral vector vaccines Use harmless viruses, such as adenoviruses, to deliver genetic material from the target virus or bacteria into the body to stimulate an immune response Johnson & Johnson COVID-19 vaccine, Ebola vaccine developed by Merck

    How Testing and Diagnosis of TB can be improved?

    • Increased access to diagnostic tools: There is a need to increase access to diagnostic tools for TB, especially in rural and remote areas. Innovative approaches such as point-of-care tests (POCTs), including home-based tests, can provide decentralized, rapid, and low-cost diagnostics to provide results within minutes.
    • Introduction of new diagnostic tools: New innovations such as nasal and tongue swab-based tests for TB can be a game changer by reducing diagnostic delays. Further, handheld digital x-ray machines (with artificial intelligence-based software) can now be taken to villages and urban settlements to screen large numbers of high-risk individuals, safely and conveniently.
    • Strengthening the laboratory network: It is essential to strengthen the laboratory network in India to ensure quality diagnostics, especially in the private sector. Accreditation of private laboratories for TB diagnosis and linking them with the public sector is essential.
    • Integration with other healthcare services: TB testing and diagnosis need to be integrated with other healthcare services to improve access and reduce stigma. For example, TB screening can be done in conjunction with diabetes or HIV screening.
    • Empowering patients: Empowering patients with knowledge about TB symptoms and diagnostic tests can help increase awareness and improve early diagnosis. TB awareness campaigns can also help reduce stigma associated with the disease.
    • Collaboration between public and private sectors: Collaboration between the public and private sectors can improve access to diagnostic tools and reduce the time required for TB testing and diagnosis. The private sector can be leveraged to provide affordable and quality TB diagnostics and treatment.

    Need for Appropriate Policy Frameworks

    • Smoothening the rollout of proven tools: Creating regulatory and policy frameworks can smoothen the rollout of proven tools to reach people with as little delay as possible. This requires greater collaboration between policymakers, scientists, product developers, and clinical researchers across the country and even across regions.
    • Harmonization of standards and regulatory processes: Harmonization of standards and regulatory processes between countries can enable mutual recognition of evidence-based standards and licenses and save critical time towards rollout.
    • Addressing the regulatory challenges: Appropriate policy frameworks can address the regulatory challenges of introducing new tools and approaches. This can help reduce the time and cost of clinical trials and shorten the time to market for new tools and products.
    • Encouraging innovation: Policy frameworks that incentivize innovation can encourage the private sector to invest in TB research and development. This can lead to the development of new and effective tools for TB prevention, diagnosis, and treatment.
    • Supporting public-private partnerships: Appropriate policy frameworks can support public-private partnerships that can bring together the strengths of both sectors to develop and scale up innovative solutions for TB control.

    Conclusion

    • India’s scientific ingenuity during the COVID-19 pandemic has cemented its position as pioneers in innovation in the life sciences. India must use its G-20 presidency to build a global health architecture that creates equitable access for all. India must use this opportunity to call for the collaborative development of transformational tools and approaches that cater to not only India’s needs but also those of the under-represented but disproportionately affected developing world. TB should no longer be the leading infectious disease killer globally in the 21st century, and India can lead the way.

    Mains Question

    Q. At the One World TB Summit held at in Varanasi recently, Prime Minister Narendra Modi called for a fresh approach to the global tuberculosis (TB) elimination response. In this light discuss India’s Progress in TB Control Efforts and the need for disruptive approaches and new tools in TB elimination response.

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  • Top-notch Aspirational Toilets to usher in change

    toilet

    The Ministry of Housing and Urban Affairs has issued a directive to all state governments to ensure that 25% of public toilet seats added in any city or urban unit are “aspirational toilets.”

    What are Aspirational Toilets?

    • The aspirational toilets scheme was launched in September 2022 as part of the Swachh Bharat Mission (SBM) 2.0, with an aim to help make cities open defecation free.
    • A quarter of all new public restrooms in Indian cities will soon have high-end features such as luxurious bath cubicles, touchless flushing, breast-feeding rooms, and automatic sanitary napkin incinerators.
    • These will be indicated as “aspirational toilets” on Google Maps.

    Focus areas for constructing aspirational toilets

    • The focus areas for constructing these luxury toilets will be tourist and religious destinations, as well as iconic cities.
    • High-footfall locations such as markets, railway stations, inter-state bus depots, and national highways will be given priority.
    • Guidelines have been issued to the states for constructing these toilets. It also includes low-height toilets and basins for children.
    • Hand-dryers, paper napkins, and vending machines for sanitary napkins are proposed to be made available.

    Maintenance and funding patterns

    • One of the business models being explored for the maintenance of these toilets is attaching them with other public services such as restaurants, shopping malls, libraries, cinema halls, or even medicine shops, to make them self-sustaining.
    • Experts have cautioned that a proper study must be done on the location and the way these toilets will be maintained before beginning any such project.

    Back2Basics: Swachh Bharat Mission (Urban) 2.0

    Description
    Objective Make all cities in India “garbage-free”
    Period 5 years (1st Oct 2021 – 1st Oct 2026)
    Focus Sustainable solid waste management, sustainable sanitation and treatment of used water, and promoting behavior change through citizen outreach
    Segregation of waste All households and premises required to segregate their waste into “wet waste” and “dry waste”
    Collection of waste Aims to achieve 100% door-to-door collection of segregated waste from each household/premise
    Waste management Aims to achieve 100% scientific management of all fractions of waste, including safe disposal in scientific landfills, remediation of all legacy dumpsites, and the conversion of these sites into green zones
    Sanitation Aims to promote holistic sanitation, with end-to-end solutions, treatment of used water before discharge into water bodies, and maximum reuse of treated used water
    Citizen outreach Aims to create awareness and institutionalize “Swachh” behavior through large-scale citizen outreach
    Institutional capacity Aims to create institutional capacity to effectively implement programmatic interventions to achieve mission objectives

     

     

  • NCERT’s Changes On Mughal History and Sparked Heated Debate

    NCERT

    Central Idea

    • The controversy over the National Council of Educational Research and Training (NCERT) reducing the content on Mughal history in the school curriculum has sparked a heated debate in the country. While some argue that this move is part of a larger agenda to erase the Mughal legacy, others believe that it is a necessary step towards reducing the burden on students and providing a more balanced approach to teaching Indian history.

    NCERT’s changes

    • The NCERT removed overlapping material from grades 6 to 12 to reduce the burden on students.
    • Grade 12 has been designed around themes in Indian history. It is divided into three parts spanning over 2,000 years. One theme out of 12 focuses on Kings and Chronicles. It revolves around the significant policies that redefined the landscape and mindset of the people. Akbar’s policies feature in this theme in the rationalized syllabus as well.
    • This is over and above the extensive coverage they get in the middle school curricula, at the cost of the exclusion of the rest. Mughals have been overrepresented in Indian history books and were an obvious area for right-sizing.

    What NCERT has said on omitting chapters?

    • Part of rationalisation process: According to NCERT director, Chapters on Mughals have not been dropped. There was a rationalisation process last year because due to COVID, there was pressure on students everywhere.
    • Reducing the burden without affecting the knowledge: The expert committees examined the books from standards 6-12. They recommended that if some sections or this chapter is dropped, it won’t affect the knowledge of the children and an unnecessary burden can be removed.
    • Transition towards National Education Policy (NEP): NCERT working as per NEP, 2020. This is a transition phase. NEP 2020 speaks of reducing the content load. NCF (National Curriculum Framework) for school education is being formed, it will be finalised soon. Textbooks will be printed in 2024 as per NEP.

    Need for a balanced approach

    • Purpose of studying Indian history: The purpose of studying Indian history should be to understand who we are and how we got here, by understanding the demography, culture, and practices of the various components of India over the last two-and-a-half millennia.
    • Dive deep into all polities: This requires us to dive deep into all polities that have resided in the subcontinental region for significant periods.
    • Mughal history is just one part: Mughal history is just one part of just one period (medieval) of Indian history, and there is a lot more to our history that needs attention.

    Need for a more comprehensive approach

    • Rich and long history: Indian history is too rich, long, and unwieldy for any curriculum to do justice.
    • Children needs to have broader understanding: In the age of Wikipedia, we need to expose our children to the broad themes and grand sweep of history, create an understanding of their origins, and equip them with the tools and curiosity to read and research further as they grow.
    • Step is in good direction: The current reorganization is a good step in that direction.

    Conclusion

    • The real debate should be how to teach 2,500 years of Indian history to children in an engaging and informative manner. Those quibbling over the current rearrangement lack both a perspective on the scale of Indian history and an understanding of the complexities of teaching it. They would be better served by picking up a few history books themselves.

    Mains Question

    Q. The national education policy speaks of reducing the content load and ensure the understanding in this light discuss the significance of teaching history of India in more rational and comprehensive manner.

  • Supreme Court rulings on Encounters

    encounter

    Central idea: A gangster-turned-politician son and his aide were killed in an encounter in UP.

    Why discuss this?

    • The National Human Rights Commission (NHRC) and the Supreme Court have laid down proper guidelines and procedures to be followed to prevent any misuse of power by the law enforcement agencies.
    • However, this encounter has brought to the forefront the issue of extra-judicial killings or “encounters” by the police in India.

    Supreme Court Guidelines on Encounters

    • In September 2014, a bench of then CJI RM Lodha and Rohinton Fali Nariman issued detailed guidelines.
    • These guidelines came in the case “People’s Union for Civil Liberties v State of Maharashtra”.
    • The guidelines enumerated 16 points to be followed in the matters of investigating police encounters in the cases of death as the standard procedure for a thorough, effective and independent investigation-
    1. Registration of a first information report (FIR) as mandatory
    2. Magisterial inquiry
    3. Keeping written records of intelligence inputs
    4. Independent investigation by bodies such as the CID
    5. A Magisterial Inquiry must invariably be held in all cases of death which occur in the course of police action
    6. Next of kin of the deceased must invariably be associated in such inquiry
    7. In every case when a complaint is made against the police alleging commission of a criminal act on their part, which makes out a cognizable case of culpable homicide, an FIR to this effect must be registered under appropriate sections of the IPC
    8. Such an inquiry made under Section 176 of the Code of Criminal Procedure, 1973, must show “whether use of force was justified and action taken was lawful.”
    9. Whenever the police receives any intelligence or tip-off on criminal movements or activities relating to the commission of grave criminal offence, “it shall be reduced into writing in some form (preferably into case diary) or in some electronic form.”
    10. Following such tip-off or intelligence, if an encounter takes place and a firearm is used by the police party, resulting in death, then an FIR to that effect has to be registered and forwarded to the court under Section 157 without delay.
    11. Provisions for an independent investigation into the encounter
    12. The requirements/norms must be strictly observed in all cases of death and grievous injury in police encounters by treating them as law declared under Article 141 of Indian Constitution.
    13. The law declared by the Supreme Court shall be binding on all other courts in Indian Territory.
    14. NHRC’s involvement is not necessary, “unless there is serious doubt about independent and impartial investigation.”
    15. The information about the incident must be sent to NHRC or the State Human Rights Commission.

    NHRC Guidelines on Encounters

    • The National Human Rights Commission (NHRC) has asked all states and Union Territories to ensure that police follow a set of guidelines in cases where death is caused in police encounters.
    • These included the police’s duty to enter all information received about encounter deaths in an “appropriate register” and provisions for investigation by independent agencies like the State CID.

    Issues with such encounters

    • Defies rule of law: This practice undermines the rule of law and due process, and violates the right to life and other human rights.
    • Use of force: There have been allegations of police and security forces using excessive force.
    • Fake encounters: There have been instances of staging encounters, and conducting fake encounters to eliminate suspects without following the due legal process.
    • Autocracy: These incidents have raised concerns about impunity, lack of accountability, and the need for reforms to ensure that law enforcement officials are held accountable for their actions.
    • Distrust among the public: Public often tend to lose belief among the constitutional process of justice.

    Why are such encounters popular among public?

    • Lack of trust in the legal system: Some people may view extrajudicial killings and encounters as a way of bypassing the legal system which they may view as corrupt or inefficient.
    • Perception of safety: There may be a belief among some members of the public that such encounters can help to deter criminals and make their communities safer.
    • Frustration with the slow pace of justice: The Indian legal system can be slow and protracted, and some people may view extrajudicial killings and encounters as a way to expedite the process of justice.
    • Lack of awareness about human rights: Some people may not be aware of the human rights implications of such encounters, or may view them as a necessary means to an end.

    Conclusion

    • It is important to note, however, that extrajudicial killings and encounters are illegal, undermine the rule of law, and violate human rights.
    • They also carry the risk of abuse, and can result in innocent people being targeted or killed.
    • Therefore, such practices cannot be justified or condoned in a democratic and law-abiding society.

    Back2Basics: National Human Rights Commission

    • NHRC is an independent statutory body established in India on 12 October 1993 under the Protection of Human Rights Act, 1993.
    • It is responsible for the protection and promotion of human rights, and prevention of their violations.
    • It is empowered to investigate complaints of human rights violations and recommend appropriate remedial measures.
    • It also monitors the human rights situation in the country, undertakes research and advocacy, and conducts various educational and awareness programs to promote human rights awareness and sensitivity among various sections of society.

     

  • AI Regulation in India: Ensuring Responsible Development and Deployment

    AI

    Central Idea

    • As the deployment of Artificial intelligence (AI) based systems continues to grow, it is important for India to develop and implement regulations that promote responsible development and deployment, while also addressing concerns related to privacy, competition, and job losses.

    The Potential of AI and its Risks

    • Limitless potential: The potential of AI is vast and encompasses a wide range of applications across various fields. AI has the potential to improve productivity, increase efficiency, and provide personalized solutions in many areas such as healthcare, finance, education, manufacturing, transportation, defense, space technology, molecular biology, deep water mining, and exploration.
    • Significant risks: While the potential of AI is immense, it also comes with significant risks that need to be addressed. Some of the risks associated with AI include biased algorithms, misdiagnosis or errors, loss of jobs for professionals, unintended harm or civilian casualties, and cybersecurity threats. It is important to ensure that AI development and deployment are carried out with caution and that potential risks are mitigated.

    AI

    Takeaway keyword Box from civilsdaily: AI applications in various fields, advantages, challenges and associated risks.

    Fields AI Applications Advantages Challenges Risks
    Healthcare Diagnosis and medical imaging, drug discovery, personalized medicine, virtual nursing assistants, remote monitoring of patients, health data analysis Improved accuracy and speed of diagnoses, personalized treatment plans, faster drug discovery, remote patient monitoring Integration with existing healthcare systems, ethical and regulatory concerns, data privacy and security Misdiagnosis or errors, biased algorithms, loss of jobs for healthcare professionals
    Finance Fraud detection, customer service chatbots, personalized financial advice, risk assessment and management, trading algorithms Improved fraud detection and prevention, personalized customer support, optimized risk management, faster trading decisions Integration with existing financial systems, ethical and regulatory concerns, data privacy and security Biased algorithms, systemic risks, cyber attacks
    Education Personalized learning, adaptive learning, intelligent tutoring systems, student engagement analytics, automated grading and feedback Improved student outcomes, personalized learning experiences, increased student engagement, reduced workload for educators Integration with existing education systems, ethical and regulatory concerns, data privacy and security Biased algorithms, loss of jobs for educators, lack of human interaction
    Manufacturing Quality control, predictive maintenance, supply chain optimization, collaborative robots, autonomous vehicles, visual inspection Increased efficiency and productivity, reduced downtime, optimized supply chains, improved worker safety Integration with existing manufacturing systems, ethical and regulatory concerns, data privacy and security Malfunctioning robots or machines, loss of jobs for workers, high implementation costs
    Transportation Autonomous vehicles, predictive maintenance, route optimization, intelligent traffic management, demand forecasting, ride-sharing and on-demand services Reduced accidents and fatalities, reduced congestion and emissions, optimized routing and scheduling, increased accessibility and convenience Integration with existing transportation systems, ethical and regulatory concerns, data privacy and security Malfunctioning autonomous vehicles, job displacement for drivers, cybersecurity threats
    Agriculture Precision agriculture, crop monitoring and analysis, yield optimization, automated irrigation and fertilization, pest management, livestock monitoring Increased crop yields, reduced waste and resource use, optimized crop health, improved livestock management Integration with existing agriculture systems, ethical and regulatory concerns, data privacy and security Malfunctioning drones or sensors, loss of jobs for farm workers, biased algorithms
    Defense Intelligent surveillance and threat detection, unmanned systems, autonomous weapons Improved situational awareness and response, reduced human risk in combat situations Ethical and legal concerns surrounding the use of autonomous weapons, risk of AI being hacked or malfunctioning in combat scenarios Unintended harm or civilian casualties, loss of jobs for military personnel
    Space technology Autonomous navigation, intelligent data analysis, robotics Increased efficiency and productivity in space exploration, improved accuracy in data analysis Risk of AI being hacked or malfunctioning in space missions, ethical and regulatory concerns surrounding the use of autonomous systems in space Damage to equipment or loss of mission due to malfunctioning AI
    Molecular biology Gene editing and analysis, drug discovery and development, personalized medicine Faster and more accurate analysis of genetic data, improved drug discovery and personalized treatment plans Ethical and regulatory concerns surrounding the use of AI in gene editing and personalized medicine Misuse of genetic data or personalized treatment plans, loss of jobs for medical professionals
    Deep water mining and exploration Autonomous underwater vehicles, intelligent data analysis Increased efficiency and productivity in deep sea exploration and mining, improved accuracy in data analysis High costs and technical challenges of developing and deploying AI systems in deep sea environments Malfunctioning AI systems, environmental damage or destruction due to deep sea mining activities

    The Need for Regulation

    • Current regulatory system not well equipped: The current regulatory system may not be equipped to deal with the risks posed by AI, especially in areas such as privacy and competition.
    • Develop regulations in collaboration: Governments need to work with tech companies to develop regulations that ensure the responsible development and deployment of AI systems.
    • Balanced regulations: The regulation needs to be adaptive, flexible and balance between the benefits and risks of AI technology. This way, AI technology can be developed while taking into account societal concerns.
    • Privacy Concerns and responsible usage: AI-based systems, such as facial recognition technology, raise concerns related to privacy and surveillance. Governments need to develop regulations that protect citizen privacy and ensure that data is collected and used in a responsible way.
    • Risk assessment: Risk assessment could help in determining the risks of AI-based systems and developing regulations that address those risks.
    • For instance: Europe’s risk assessment approach may serve as a useful model for India to develop such regulations.

    Competition and Monopolization

    • AI powered checks and balance: The dominance of Big Tech in the tech landscape raises concerns of monopolization and the potential for deepening their control over the market. However, the presence of multiple players in the AI field generates checks and balances of its own.
    • Healthy market for AI technology: The development of new players and competitors can promote innovation and ensure a healthy market for AI technology.

    AI

    Conclusion

    • AI technology holds immense potential, but its risks need to be mitigated, and its development and deployment need to be carried out responsibly. Governments must work towards developing regulations that ensure that AI technology benefits society, while addressing concerns related to privacy, competition, and job losses. Responsible development and deployment of AI technology can lead to a brighter future for all.

    Mains Question

    Q. AI has limitless potential in various fields. In this light of this statement enumerate some of its key revolutionary applications in various fields and discuss challenges and associated risks of deploying AI in various fields.

  • Online Dispute Resolution (ODR): Bus to Become An Arbitration Hub

    Online

    Central Idea

    • India can still become a leader in dispute resolution despite missing the opportunity to establish itself as an arbitration hub. The use of Online Dispute Resolution (ODR) can enable India to enhance its ease of doing business and become a more preferred destination for dispute resolution.

    India’s shortcomings in arbitration

    • India’s low rank in the ‘Enforcing Contracts’ category in the World Bank’s Ease of Doing Business report, which indicates the difficulties in enforcing contracts in India.
    • Although India has taken steps to improve its arbitration laws and regulations, it is not yet a preferred destination for arbitration.

    India’s strengths in technology

    • India’s has demonstrated its strengths in technology, especially in the field of ODR.
    • India has a unique advantage in this area due to the widespread adoption of online technology during the COVID-19 pandemic, which saw the judiciary lead the way in online hearings.

    What is Online Dispute Resolution (ODR)?

    • ODR is a method of resolving disputes through the use of digital technology and the internet, without the need for physical presence in a traditional courtroom setting.
    • It involves the use of various tools and platforms such as video conferencing, case management systems, digital signatures, and even advanced technologies such as blockchain, artificial intelligence, and machine learning to resolve disputes.
    • ODR offers many advantages over traditional methods of dispute resolution, such as reduced burden on courts, time and cost savings, and increased accessibility to dispute resolution services for parties located in different geographical locations.
    • ODR is becoming increasingly popular around the world, particularly in the wake of the COVID-19 pandemic which has made physical hearings and meetings difficult or impossible in many cases.

    Advantages of Online Dispute Resolution (ODR) in India

    • Convenience: ODR provides a convenient way for parties to resolve disputes without the need to physically travel to a court or other dispute resolution center. This can save time and money, especially in cases where parties are located in different parts of the country.
    • Efficiency: ODR can help to streamline the dispute resolution process by providing tools such as case management systems, automated case flows, and digital signatures and stamping. This can help to reduce the time and costs associated with traditional dispute resolution methods.
    • Accessibility: ODR can make dispute resolution more accessible to individuals and businesses, especially those who may not have the resources to pursue traditional legal remedies.
    • Expertise: ODR platforms can provide access to experts in specific fields, such as intellectual property, international trade, or e-commerce, which can be especially useful in resolving disputes that involve complex legal issues.
    • Confidentiality: ODR can provide a confidential environment for parties to resolve disputes, which can be especially important in cases where sensitive business information is involved.
    • Flexibility: ODR can be tailored to the specific needs of the parties and the dispute, providing a more flexible and adaptable approach to dispute resolution than traditional legal methods.

    Opportunities for ODR in India

    • ORD already in use: Private platforms in India are already resolving lakhs of disputes through ODR and that many corporates have migrated to ODR to resolve small-value disputes.
    • Look beyond the conventional tools: The ODR can be used for more than just audio/video conferencing and can encompass tools such as multi-channel communication, case management systems, automated case flows, digital signatures and stamping, and even advanced technologies such as blockchain, natural language processing, artificial intelligence, and machine learning.

    Measures to promote ODR

    Three key measures that can be taken to promote ODR in India are as follows:

    1. Incentivizing the use of ODR: Incentivizing the use of ODR through legislative measures such as setting ODR as a default dispute resolution tool for online transactions, fast-tracking enforcement of ODR outcomes, and exempting or reducing stamp duty and court fees.
    2. Solving infrastructure challenges: Solving infrastructural challenges and optimizing existing setups such as Aadhaar kendras to also function as ODR kiosks. Each court can have an ODR cell along with supplemental technical and administrative support.
    3. Proactive use of ODR by government: Government departments should explore ODR as a grievance redress mechanism. Proactive use of ODR by government entities will not only increase trust in the process but also ensure that citizens have access to a convenient and cost-effective means of resolving disputes with the government.

    Conclusion

    • The ODR has the potential to ensure justice for all, at everyone’s fingertips. While India may have missed the bus to become an arbitration hub, it can still catch up and overtake other countries in ODR.

    Mains Question

    Q. What is Online Dispute Resolution (ODR)? Discuss the advantages of ODR in India and suggest measures that can be taken to promote its use.

  • UGC releases National Credit Framework (NCrF)

    The University Grants Commission (UGC) released the National Credit Framework (NCrF), which will allow students to earn educational credits at all levels, irrespective of the mode of learning i.e. offline, online, or blended.

    What is National Credit Framework (NCrF)?

    • The NCrF is a meta-framework that integrates the credits earned through school education, higher education, and vocational and skill education.
    • It consists of three verticals:
    1. National School Education Qualification Framework (NSEQF)
    2. National Higher Education Qualification Framework (NHEQF) and
    3. National Skills Qualification Framework (NSQF)
    • The NCrF provides a mechanism for the integration of general academic education and vocational and skill education, ensuring equivalence within and between these two education streams.
    • Institutions would be free to notify their detailed implementation guidelines with flexibility for catering to their academic requirements.

    Key features

    (1) Credit System

    • Under the NCrF, one credit corresponds to 30 notional learning hours in a year of two semesters.
    • A student is required to earn a minimum of 20 credits every semester.
    • A student can earn more than 40 credits in a year.
    • Maximum credits a student can earn during schooling period is 160.
    • A three-year bachelor’s degree course will result in a total of 120 credits earned.
    • A Ph.D. degree is at Level 8 and earns 320 credits upon completion.

    (2) Study of Vedas:  Students can obtain credits for their proficiency in diverse areas of the Indian knowledge system, including the Puranas, Vedas, and other related components.

    (3) Indian Knowledge System (IKS): UGC notified the final report, which includes the components of the IKS. The IKS comprises 18 theoretical disciplines called vidyas and 64 practical disciplines, including vocational areas and crafts. These disciplines were the foundation of the 18 sciences in ancient India, as per the report.

    (4) Educational Acceleration: The NCrF supports educational acceleration for students with gifted learning abilities. It provides scope for crediting national/international achievers in any field, including but not limited to sports, Indian knowledge system, music, heritage, traditional skills, performing & fine arts, master artisans, etc.

    (5) International Equivalence: The international equivalence and transfer of credits shall be enabled through various multilateral/bilateral agreements between respective regulators of the countries concerned. NCrF would lend credibility and authenticity to the credits being assigned and earned under various programs in India, making these credits more acceptable and transferable internationally.

     

     

  • Data Protection Bill in Monsoon Session

     

    data

     

    The Union government informed the Supreme Court that a new law, namely the Digital Personal Data Protection Bill, 2022, to enforce individual privacy in online space was “ready”.

    Legislation on ‘Data’: A Backgrounder

    • The personal data protection bill has been in the works for about five years.
    • The first draft of the Bill was presented by an expert panel headed by Justice B.N. Srikrishna in July 2018, after a year-long consultation process.

    Timeline of key events

    data

     

     

    • July 2018: After a year of consultations and deliberations, the PDP Bill, 2018, drafted by an expert committee headed by Justice BN Srikrishna, is presented to MeitY. Subsequently, MeitY begins drafting the next iteration of the Bill.
    • December 2019: The PDP Bill, 2019, prepared by MeitY, is referred to a Joint Parliamentary Committee (JPC) for review.
    • December 2021: After multiple extensions, and a leadership change, JPC Chairperson tabled the report of the JPC on the PDP Bill, 2019, as well as the draft Data Protection Bill 2021, in the parliament.
    • August 2022: On August 3 this year, MeitY withdrew the 2021 Bill, stating that a more “comprehensive legal framework” will be presented soon.

    DPDP Bill, 2022 is based on seven principles

    According to an explanatory note for the bill, it is based on seven principles-

    • Lawful use: The first is that “usage of personal data by organisations must be done in a manner that is lawful, fair to the individuals concerned and transparent to individuals.”
    • Purposeful dissemination: The second principle states that personal data must only be used for the purposes for which it was collected.
    • Data minimisation: Bare minimum and only necessary data should be collected to fulfill a purpose.
    • Data accuracy: At the point of collection. There should not be any duplication.
    • Duration of storage: The fifth principle talks of how personal data that is collected cannot be “stored perpetually by default,” and storage should be limited to a fixed duration.
    • Authorized collection and processing: There should be reasonable safeguards to ensure there is “no unauthorised collection or processing of personal data.”
    • Accountability of users: The person who decides the purpose and means of the processing of personal data should be accountable for such processing.

    Key features of the bill

    (1) Data Principal and Data Fiduciary

    • The bill uses the term “Data Principal” to denote the individual whose data is being collected.
    • The term “Data Fiduciary” the entity (can be an individual, company, firm, state etc.), which decides the “purpose and means of the processing of an individual’s personal data.”
    • The law also makes a recognition that in the case of children –defined as all users under the age of 18— their parents or lawful guardians will be considered their ‘Data Principals.’

    (2) Defining personal data and its processing

    • Under the law, personal data is “any data by which or in relation to which an individual can be identified.”
    • Processing means “the entire cycle of operations that can be carried out in respect of personal data.”
    • So right from collection to storage of data would come under processing of data as per the bill.

    (3) Individual’s informed consent

    • The bill also makes it clear that individual needs to give consent before their data is processed.
    • Every individual should know what items of personal data a Data Fiduciary wants to collect and the purpose of such collection and further processing.
    • Individuals also have the right to withdraw consent from a Data Fiduciary.
    • The bill also gives consumers the right to file a complaint against a ‘Data Fiduciary’ with the Data Protection Board in case they do not get a satisfactory response from the company.

    (4) Language of information

    • The bill also ensures that individuals should be able to “access basic information” in languages specified in the eighth schedule of the Indian Constitution.
    • Further, the notice of data collection needs to be in clear and easy-to-understand language.

    (5) Significant Data Fiduciaries

    • The bill also talks of ‘Significant Data Fiduciaries, who deal with a high volume of personal data.
    • The Central government will define who is designated under this category based on a number of factors ranging from the volume of personal data processed to the risk of harm to the potential impact on the sovereignty and integrity of India.

    (6) Data protection officer & Data auditor

    • Such entities will have to appoint a ‘Data protection officer’ who will represent them.
    • They will be the point of contact for grievance redressal.
    • They will also have to appoint an independent Data auditor who shall evaluate their compliance with the act.

    (7) Right to erase data, right to nominate

    • Data principals will have the right to demand the erasure and correction of data collected by the data fiduciary.
    • They will also have the right to nominate an individual who will exercise these rights in the event of death or incapacity of the data principal.

    (8) Cross-border data transfer

    • The bill also allows for cross-border storage and transfer of data to “certain notified countries and territories.”
    • However an assessment of relevant factors by the Central Government would precede such a notification.

    (9) Financial penalties

    • The draft also proposes to impose significant penalties on businesses that undergo data breaches or fail to notify users when breaches happen.
    • Entities that fail to take “reasonable security safeguards” to prevent personal data breaches will be fined as high as Rs 250 crore.
    • As per the draft, the Data Protection Board — a new regulatory body to be set up by the government — can impose a penalty of up to ₹500 crore if non-compliance by a person is found to be significant.

    What distinguishes this bill from its earlier versions?

    • Gender neutrality:  Significantly, and for the first time in the country’s legislative history, the terms ‘her’ and ‘she’ have been used irrespective of an individual’s gender. This, as per the draft, is in line with the government’s philosophy of empowering women.
    • Imbibes best global practices: To prepare it, best global practices were considered, including review of data protection legislations of Australia, European Union (EU), Singapore, and a prospective one of the USA.
    • Comprehensiveness: The draft has outlined six ‘Chapters’ and a total of twenty-five points. The ‘Chapters’ are: ‘Preliminary,’ ‘Obligations of Data Fiduciary,’ ‘Rights and Duties of Data Principal,’ ‘Special Provisions,’ ‘Compliance Framework,’ and ‘Miscellaneous.’
    • Special emphasis for child protection: If personal data is likely to cause harm to a child, its processing will not be allowed.

    Hits of the bills

    • Widening the scope of data: Narrowing the scope of the data protection regime to personal data protection is a welcome move, as it resonates with the concerns of various stakeholders.
    • Harnessing economic potential: Now non-personal data could be used to unlock social and economic value to benefit citizens, businesses, and communities in India with appropriate safeguards in place.
    • Doing away with aggressive push for Data localisation:  Relaxing data localisation provisions to notify countries to which data can flow, could aid India in unlocking the comparative advantage of accessing innovative technological solutions from across the globe, which in turn helps domestic companies.
    • Free flow of data: In addition, the free flow of data will help startups access cost-effective technology and storage solutions, as our research shows.
    • Allowing data transfers: This will also ensure that India is not isolated from the global value chain, helping businesses stay resilient in production and supply chain management and fostering overseas collaboration.

    Some criticisms of the bill

    • Wordplay: There had been use of open-ended language such as “as necessary” or “as may be prescribed”.
    • Govt monopoly: The Bill did not seem to work towards protecting people, but ensures that the government retains all power without any checks or balances.
    • Exemption provisions: The government has been given the power to exempt not only government agencies but any entity that is collecting user data, from having to comply with the provisions of this bill when it is signed into law.
    • No protection against data breach: The Executive in India has a track record of exploiting to expand its powers. There is no right for compensation to individuals in case of a data breach. They have no right to data portability.

    Conclusion

    • Crafting such crucial legislation is no mean task. It may require some more trial and error to succeed.
    • Definitely, it will involve some time and deliberation to arrive at a comprehensive legal framework.