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Subject: Governance

Important aspects of Society

  • One nation, one police is a reform that is long overdue

    Context

    Police reforms are still an unfinished task, fifteen years after the Supreme Court gave directives in the Prakash Singh case in 2006.

    Integrated schemes in different facilities

    • The Government of India has lately been talking of “One Nation, One Ration Card”, “One Nation, One Registry”, “One Nation, One Gas Grid”, and even “One Nation, One Election”.
    • These ideas would contribute to an integrated scheme in different facilities and networks across the country.
    • The attempt at uniformity should, however, take cognisance of local factors and special features.

    Issue of different states passing different Police Act

    • Every state is legislating a different Police Act, purportedly in compliance with the Supreme Court’s directions on police reforms given on September 22, 2006.
    • We are in the process of having “one nation, many police acts”.
    • Circumventing the Prakash Singh judgement: The objective behind these laws is to give legislative cover to the existing arrangement and thereby circumvent the judicial directions given in the Prakash Singh judgement in 2006.
    •  Eighteen states have already passed Police Acts.
    • Absence of central guidelines: Several states have, in the absence of any central guidance or directive, passed their own Police Acts, blatantly violating the Supreme Court’s directions.
    • No action by judiciary: The Supreme Court has, for inexplicable reasons, not issued a contempt notice to any of the states for non-compliance of its directions on police reforms.

    Way forward

    1) The Centre should legislate a Model Police Act

    • Article 252 of the Constitution gives Parliament the power to legislate for two or more states by consent.
    • Soon after the Supreme Court’s directions on police reforms, the Police Act Drafting Committee of the Ministry of Home Affairs came out with the Model Police Act, 2006.
    • The Government of India should have enacted a law based on this Model Police Act with such changes as it may have found necessary, and the states should have mutatis mutandis ( making necessary alterations while not affecting the main point at issue) adopted it.
    • The least that the Government of India could have done was to legislate for the UTs and then prevailed upon the states to pass similar legislation.
    • Enacting a law in the states could have been incentivised by linking their passage with the modernisation grants made available to the states.

    2) Need for the spirit of cooperative federalism

    • In recent times, we saw the unseemly spectacle of the Mumbai police commissioner accusing the state home minister of using the police as an instrument for extortion.
    • In West Bengal, the police have been a mute spectator to the post-election violence.
    • The Centre, through a fiat, gave protection to all the MLAs of the BJP.
    • Normally, any such arrangement should have been in consultation and with the involvement of the state government. 
    • Cooperative federalism: The best option would be for the central and state governments to respect each other’s turf in a spirit of cooperative federalism.

    3)Need for a fresh look at the distribution of power

    • If the central and state governments cannot respect each other’s turf, it would perhaps be necessary to have a fresh look at the distribution of powers in the seventh schedule of the Constitution.

    Conclusion

    Police reforms on the lines of judicial directives given by the Supreme Court is the need of the hour. The centre needs to act first and nudge the states toward a uniform police structure throughout the country.

    Back2Basics: Supreme Court Directive on Police Reforms

    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. Appointments based on merit

    • Ensure that the Director-General of Police is appointed through a merit–based, 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 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.

  • What is Academic Bank of Credit?

    On the first anniversary of the National Education Policy (NEP), the Centre plans to officially roll out some initiatives promised in the policy, such as the Academic Bank of Credit

    Academic Bank of Credit

    • Academic Bank of Credit referred to as ABC is a virtual storehouse that will keep records of academic credits secured by a student.
    • It is drafted on the lines of the National Academic Depository.
    • It will function as a commercial bank where students will be the customers and ABC will offer several services to these students.
    • Students will have to open an Academic Bank Account and every account holder would be provided with a unique id and Standard Operating Procedure (SOP).
    • The academic accounts of students will have credits awarded by higher education Institutes to students for the courses they are pursuing.
    • However, ABC will not accept any credit course document directly from the students, and its institutes that will make the deposits in students’ accounts.

    Functions of ABCs

    • ABC will be responsible for opening, closing, and validating the academic accounts of students.
    • It will also perform tasks including credit verification, credit accumulation, credit transfer/redemption of students, and promotion of the ABC among the stakeholders.
    • The courses will also include online and distance mode courses offered through National Schemes like SWAYAM, NPTEL, V-Lab, etc.
    • The validity of these academic credits earned by students will be up to seven years. The validity can also vary based on the subject or discipline. Students can redeem these credits.
    • For instance, if a student has accumulated 100 credits which is equivalent to say one year and they decide to drop out.
    • Once they decide to rejoin they can redeem this credit and seek admission directly in the second year at any university. The validity will be up to seven years, hence, students will have to rejoin within seven years.

    Benefits for students

    • The participating HEIs in the ABC scheme will enable students to build their degrees as per their choices.
    • As per UGC guidelines, the higher education institutes will have to allow students to acquire credits 50-70% of credits assigned to a degree from any institute.
    • Students, depending upon their needs can take this opportunity.
    • UGC will ensure that students secured the minimum credits to be secured in the core subject area.

  • PM-CARES Fund should cover COVID orphaned children: SC

    The Supreme Court has clarified that welfare schemes such as the PM CARES Fund should cover both children, who became orphans during the Covid-19 pandemic and those, who became orphans due to Covid-19.

    What is PM-CARES Fund?

    • The Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) was created on 28 March 2020 following the COVID-19 pandemic in India.
    • The fund will be used for combat, containment, and relief efforts against the coronavirus outbreak and similar pandemic-like situations in the future.
    • The PM is the chairman of the trust. Members will include the defense, home, and finance ministers.
    • The fund will also enable micro-donations. The minimum donation accepted for the PM CARES Fund is ₹10.
    • The donations will be tax-exempt and fall under corporate social responsibility.

    Why cover orphaned children?

    • Over 75,000 children have been orphaned, abandoned, or have lost a parent during the COVID pandemic.
    • It is feared that many of them may become victims of human trafficking rackets or descend into crime.

    Under the scrutiny of the court

    • The Supreme Court has endorsed the PM CARES Fund as a “public charitable trust” to which donors contribute voluntarily.
    • The court said that PM-CARES is “not open” for a PIL petitioner to question the “wisdom” that created the fund in an hour of need.
    • The court dismissed the idea that the PM CARES was constituted to “circumvent” the National Disaster Response Fund (NDRF).

  • Organ Transplantation in India

    The Government of India is implementing National Organ Transplant Programme (NOTP) to promote organ donation and transplantation across all States/Union Territories (UTs).

    National Organ Transplant Programme (NOTP)

    • In 2019, the GoI implemented the NOTP for promoting deceased organ donation.
    • Organ donation in India is regulated by the Transplantation of Human Organs and Tissues Act, 1994.

    Types of Organ Donations

    • The law allows both deceased and living donors to donate their organs.
    • It also identifies brain death as a form of death.
    • Living donors must be over 18 years of age and are limited to donating only to their immediate blood relatives or, in some special cases, out of affection and attachment towards the recipient.

    (1) Deceased donors:

    • They may donate six life-saving organs: kidneys, liver, heart, lungs, pancreas, and intestine.
    • Uterus transplant is also performed, but it is not regarded as a life-saving organ.
    • Organs and tissues from a person declared legally dead can be donated after consent from the family has been obtained.
    • Brainstem death is also recognized as a form of death in India, as in many other countries.
    • After a natural cardiac death, organs that can be donated are cornea, bone, skin, and blood vessels, whereas after brainstem death about 37 different organs and tissues can be donated, including the above six life-saving organs

    (2) Living donors:

    They are permitted to donate the following:

    • one of their kidneys
    • portion of pancreas
    • part of the liver

    Features of the NOTP

    • Under the NOTP a National Level Tissue Bank (Biomaterial Centre) for storing tissues has been established at National Organ and Tissue Transplant Organization (NOTTO), New Delhi.
    • Further, under the NOTP, a provision has also been made for providing financial support to the States for setting up of Bio- material centre.
    • As of now a Regional Bio-material centre has been established at Regional Organ and Tissue Transplant Organization (ROTTO), Chennai, Tamil Nadu.

    More moves for facilitation:  Green Corridors

    • Studies have suggested that the chances of transplantation being successful are enhanced by reducing the time delay between harvest and transplant of the organ.
    • Therefore, the transportation of the organ is a critical factor. For this purpose, “green corridors” have been created in many parts of India.
    • A “green corridor” refers to a route that is cleared out for an ambulance carrying the harvested organs to ensure its delivery at the destination in the shortest time possible.

    About NOTTO

    National Organ and Tissue Transplant Organization (NOTTO) is a national level organization set up under the Directorate General of Health Services, Ministry of Health and Family Welfare.

    1. National Human Organ and Tissue Removal and Storage Network
    2. National Biomaterial Centre (National Tissue Bank)

    [I] National Human Organ and Tissue Removal and Storage Network

    • This has been mandated as per the Transplantation of Human Organs (Amendment) Act 2011.
    • The network will be established initially for Delhi and gradually expanded to include other States and Regions of the country.
    • Thus, this division of the NOTTO is the nodal networking agency for Delhi and shall network for Procurement Allocation and Distribution of Organs and Tissues in Delhi.
    • It functions as apex centre for All India activities of coordination and networking for procurement and distribution of Organs and Tissues and registry of Organs and Tissues Donation and Transplantation in the country.

    [II] National Biomaterial Centre (National Tissue Bank)

    • The Transplantation of Human Organs (Amendment) Act 2011 has included the component of tissue donation and registration of tissue Banks.
    • It becomes imperative under the changed circumstances to establish National level Tissue Bank to fulfill the demands of tissue transplantation including activities for procurement, storage and fulfil distribution of biomaterials.
    • The main thrust & objective of establishing the centre is to fill up the gap between ‘Demand’ and ‘Supply’ as well as ‘Quality Assurance’ in the availability of various tissues.

    The centre will take care of the following Tissue allografts:

    1. Bone and bone products
    2. Skin graft
    3. Cornea
    4. Heart valves and vessels

  • Gatekeeper Model to prevent suicides in prisons

    In a bid to prevent suicides triggered by mental health issues in prisons across the country, the National Institute of Mental Health and Neuro Sciences (NIMHANS), Bengaluru, has recommended the “Gatekeeper Model”.

    What is the ‘Gatekeeper Model’?

    • It is a model where selected inmates, trained to identify prisoners at risk of suicide, would refer them to treatment or supportive services.
    • Prisoners with mental disorders will be regularly assessed for the severity of the suicidal risk and also put on regular and supervised medication.
    • To address the prisoner’s mental health needs, the correctional facility would have links to community-based initiatives like the District Mental Health Programme.

    Buddy system

    • The concept of a ‘Buddy System’ — social support through trained prisoners called “buddies” or “listeners” — was found to have a good impact on the well-being of suicidal prisoners.
    • Periodic telephone conversations with friends and family would also foster support.

    Why such a move?

    • Emphasizing the mental health of prisoners, the Ministry said incarcerated people could face many vulnerabilities during the pandemic, which might impact their mental wellbeing.
    • The prison staff was also working under tremendous pressure and faced challenges in performing their duty while safeguarding themselves from contracting the infection.

  • Pegasus scandal and implications for privacy

    Context

    The Pegasus spyware, created by NSO Group in Israel has created a political storm in India over its alleged use by the government.

    About the Pegasus spyware controversy

    • It uses a “zero-click” attack which allows the device to be taken over remotely by exploiting software and hardware vulnerabilities.
    • The Israeli Defence Ministry’s stated that Pegasus and other cyber products are exported “exclusively to government entities” and are only for the purpose of preventing and investigating crime and counter terrorism.
    • Pegasus has been used to illegally hack into people’s lives and to obtain private information outside the boundaries of the law.
    • Those who were supposedly targeted range from the uppermost echelons of the judiciary, Opposition party leaders, activists and journalists.

    How it harms freedoms and rights guaranteed by the Constitution

    • A person has the basic fundamental rights of liberty, privacy, speech and expression amongst others.
    • These rights go hand in hand with each other.
    • The alleged use of Pegasus to illegally hack into persons’ lives, listen in on private conversations, to thereafter use this private information against said persons in hope of gaining undue advantage, are all outside the boundaries of the law.
    •  Surveillance on this level would have the effect of instilling fear and directly hampering a person’s ability to freely make their own decisions.
    • The effect is that a person does not have the freedom to think, to speak or even be in the privacy of their own homes.

    Legal provisions for surveillance

    • In December 2018, the government authorised 10 security and intelligence agencies to intercept, monitor and decrypt any information generated, transmitted, received or stored in any computer resource.
    • The authorisation is required before any of the 10 notified agencies can intercept, monitor or decrypt any information.
    • This and other grounds are being taken by the government before the Supreme Court to defend its stance.
    • The Data Protection Bill (yet to be passed by Parliament) offers no protection in respect of surveillance. 
    • Sections 43 and 66 of the Information Technology Act, 2000 criminalise hacking.

    Conclusion

    The majority is not always right. A democracy has the indelible right to question, to demand answers and explanations. The government has many questions to answer and steps to take to protect the rights and freedoms of its citizens.

    Back2Basics: Zero-click attack

    • A zero-click attack is a remote cyber attack which does not require any interaction from the target to compromise it.
    • Pegasus spyware eliminates the need for human errors to compromise a device and instead relies on software or hardware flaws to gain complete access to a device.
    • Zero-click attacks occur only when an attacker is able to takeover a device remotely after successfully exploiting vulnerabilities in the software and hardware of the phone.
    • To make this kind of attack successful, an attacker needs to exploit flaws in a device, whereas spear phishing is a social engineering attack.

  • A cardinal omission in the COVID-19 package

    Context

    On July 8, 2021, the Union government announced the “India COVID-19 Emergency Response and Health Systems Preparedness Package: Phase II”. But it lacks provision for the medical workforce.

    Objectives of the package

    • The stated purpose of the package is to boost health infrastructure and prepare for a possible third wave of COVID-19.
    • There is plan to increase COVID-19 beds, improve the oxygen availability and supply, create buffer stocks of essential medicines; purchase equipment and strengthen paediatric beds.

    What is lacking in the package?

    • Workforce shortage: The package barely has any attention on improving the availability of health human resources.
    • As reported in rural health statistics and the national health profile there are vacancies for staff in government health facilities, which range from 30% to 80% depending upon the sub-group of medical officers, specialist doctors to nurses, laboratory technicians, pharmacists and radiographers, amongst others.
    • Interstate variation: In addition, there are wide inter-State variations, with States that have poor health indicators with the highest vacancies.

    Way forward

    • Package for filling the existing vacancies: The COVID-19 package II needs to be urgently supplemented by another plan and a similar financial package (with shared Union and State government funding) to fill the existing vacancies of health staff at all levels. 
    • An objective approach to assess the mid-term health human resource needs could be the Indian Public Health Standards (IPHS).
    • IPHS prescribes the human resources and infrastructure needed to make various types of government health facilities functional.
    • The pandemic should be used as an opportunity to prepare India’s health system for the future.
    • Scrutiny of the progress on policy decision: The progress on key policy decisions, for the last few years, to strengthen India’s health system, including those in India’s national health policy of 2017, need to be objectively scrutinised.
    • These two sets of policy decisions should be reviewed and progress monitored, through a meeting of the Central Council of Health and Family Welfare, of which the Health Ministers of the States are members.

    Conclusion

    India’s health system will not benefit from ad hoc and a patchwork of one or other small packages. It essentially needs some transformational changes.

  • Speedy trial a fundamental right: HC

    The Bombay High Court has said that speedy trial is a fundamental right highlighting the issue of people languishing in prisons waiting for the trial to begin.

    Background

    • The HC was hearing a petition seeking a judicial probe into the death of a tribal rights activist.
    • The petitioner told the court that he was not looking for the cause of the death, but an inquiry into what happened in jail that ultimately led to his death.

    Right to speedy trial

    • It is a right under which it is asserted that a government prosecutor may not delay the trial of a criminal suspect arbitrarily and indefinitely.
    • Otherwise, the power to impose such delays would effectively allow prosecutors to send anyone to jail for an arbitrary length of time without trial.
    • Right to speedy trial is a concept gaining recognition and importance day by day.

    Its constitutional status

    • The right to speedy trial is guaranteed under Article 21 of the Constitution of India.
    • In the case Kartar Singh v. State of Punjab (1961) it was declared that right to speedy trial is an essential part of fundamental right to life and liberty.
    • Article 21 declares that “no person shall be deprived of his life or personal liberty except according to the procedure laid by law.”

    What causes delay?

    • Delay in disposition of cases due to huge pendency
    • Provision for adjournment
    • Vacation of the court
    • Investigative agencies generally delay

    Why speedy trial is necessary?

    The right to a speedy trial serves several important purposes:

    • First, requiring a speedy trial helps to ensure that a defendant does not have to spend an unreasonable amount of time in jail.
    • It also helps to respect and protect the mental health of the defendant by making sure that the defendant is not kept in suspense or anxiety over pending criminal charges for months or years at a time.
    • The right to a speedy trial protects a defendant’s ability to gather evidence for his or her own defense.
    • Over time, physical evidence can become harder and harder to locate, and witnesses may move, lose their memories of an event, or even pass away.

    Alternative solutions

    • The Law Commission of India and the Malimath Committee recommended that the system of plea bargaining should be introduced in Indian criminal justice system.
    • Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence.
    • This will facilitate the speedy disposal of criminal cases and reduces the burden on the courts at least for some minor trials and not serious criminal offences.

  • [pib] SMILE Scheme for persons engaged in the act of begging

    The Ministry of Social Justice and Empowerment has formulated a scheme “SMILE – Support for Marginalized Individuals for Livelihood and Enterprise”.

    SMILE Scheme

    • This scheme is sub-scheme under the ‘Central Sector Scheme for Comprehensive Rehabilitation of persons engaged in the act of Begging’.
    • It covers several comprehensive measures including welfare measures for persons who are engaged in the act of begging.
    • The focus of the scheme is extensively on rehabilitation, provision of medical facilities, counselling, basic documentation, education, skill development, economic linkages and so on.
    • The scheme would be implemented with the support of State/UT Governments/Local Urban Bodies, Voluntary Organizations, Community Based Organizations (CBOs), institutions and others.
    • Scheme provides for the use of the existing shelter homes available with the State/UT Governments and Urban local bodies for rehabilitation of the persons engaged in the act of Begging.
    • In case of non-availability of existing shelter homes, new dedicated shelter homes are to be set up by the implementing agencies.

  • Issue of undertrials

    Context

    After the death of Stan Swamy, questions about the conditions of jails and treatment of the incarcerated have been raised anew.

    Issue of deaths of prisoners

    • The NCRB data reports the death of over 1,800 prisoners in the year 2018. An estimated 70 percent of prison inmates are undertrials.
    • Despite constitutional provisions like Article 21, which says, no person shall be denied life or liberty except by the due process of law, the number of undertrials is increasing.

    How prisoners are subjected to additional torture

    • Overcrowding, delayed medical attention, unhygienic conditions and malnutrition exist in all Indian prisons.
    • It is the responsibility of the State and the judiciary to ensure that they are only deprived of their liberty and are not exposed to any additional torture in the form of medical deprivation, unhygienic conditions, bad or inadequate food, etc.
    • Yet, thousands are dying every year and the prison authorities are not made accountable.

    Way forward

    • Acts of extreme neglect that could result in the death of inmates should be acknowledged as extrajudicial torture and made an offense.
    • The SC in Sunil Batra (I) v. Delhi Administration (1978), held that “the humane thread of jail jurisprudence that runs right through is that no prison authority enjoys amnesty for unconstitutionality”.
    • ARC Recommendations on Prison Reforms: The Union and State Governments should work out, fund and implement at the
      earliest, modernization and reforms of the Prison System as recommended by the All India Committee on Jail Reforms (1980-83).
      b. The attendant legislative measures should also be expedited.
      c. Rules regarding Parole and Remission need to be reviewed.
    • Infrastructure: Prisoner Information System, Biometric Identification, facilities for pregnant women, up-gradation of hospitals, etc is needed.
    • Strengthening the Open Prison System.

    Conclusion

    The government needs to take urgent measures to address the issue of additional torture in various forms and the death of prisoners.