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Subject: Governance

Important aspects of Society

  • Does ‘blood money’ have a legal standing?

    Why in the News?

    The death sentence given to Kerala nurse Nimisha Priya in Yemen for murdering her partner has sparked debates on her acquittal, repatriation, and the role of ‘blood money‘ compensation.

    What does ‘blood money’ mean?

    • ‘Blood money’, known as ‘diya/diyah‘ (in Arabic), refers to the financial compensation paid to the victim or their heirs in cases of murder, bodily harm, or property damage under Islamic law. It serves as an alternative to the principle of qisas, which allows for retribution.
    • The concept aims to promote forgiveness and reconciliation while providing reparative justice to the victim’s family, preventing cycles of vengeance that could lead to further conflict.

    How does it figure in Islamic Sharia law?

    • Definition and Purpose: In Islamic Sharia law, diyah (blood money) is the financial compensation paid to the victim or their heirs in cases of murder, bodily harm, or property damage caused unintentionally.
      • It serves as an alternative to qisas (retaliation), allowing the victim’s family to choose between seeking retribution or accepting compensation, thereby promoting forgiveness and reconciliation within the community.
    • Legal Framework: The amount of diyah is typically determined through negotiation and varies based on factors such as the victim’s gender and religion.
      • In traditional Islamic law, homicide is treated as a civil matter between individuals rather than solely a state issue, with the victim or their heirs having significant authority in deciding the resolution.

    What’s India’s stand on ‘diya’?

    • The Indian legal system does not incorporate ‘diyah’ as a means of compensation for victims or their families. Instead, it emphasizes formal legal proceedings and criminal justice processes without the option for monetary compensation in cases of homicide or serious offenses.
    • Introduced through the Criminal Law (Amendment) Act, 2005, plea bargaining allows for some level of negotiation between the accused and the prosecution, enabling victims to receive compensation under specific conditions.
      • However, this process is limited to certain offenses and does not encompass the broader cultural and social implications associated with diyah in Islamic law.

    Have there been other Indians who were pardoned with ‘blood money’?

    Yes, there have been several instances involving Indian nationals who were pardoned through the payment of blood money. 

    • Ten Indians in UAE (2017): In this case, ten Indian nationals were forgiven by the victim’s family after a blood money payment of 200,000 dirhams was made.
    • Seventeen Indians in UAE (2009): These individuals were on death row for the murder of a Pakistani national but were pardoned after a blood money amounting to nearly ₹4 crore was paid. The Indian consulate actively participated by hiring a law firm to advocate for their case.

    Way forward: 

    • Strengthen Diplomatic Interventions: The Indian government should establish dedicated legal aid and consular support mechanisms to negotiate and facilitate the resolution of cases involving citizens abroad, ensuring transparency in blood money arrangements.
    • Promote International Legal Awareness: Educate Indian expatriates on local laws and the implications of blood money practices in host countries to prevent legal entanglements and ensure better compliance with local regulations.

    Mains PYQ:

    Q Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC IAS/2015)

  • [13th January 2025] The Hindu Op-ed: India’s data protection rules need some fine-tuning

    PYQ Relevance:

    Q) Impact of digital technology as a reliable source of input for rational decision making is a debatable issue. Critically evaluate with suitable examples.  (UPSC CSE 2021)

    Mentor’s Comment: UPSC mains have always focused on topics like ‘Impact of digital technology’ (2021) and ‘N. Srikrishna Committee Report’ (2018).

    According to the AuthBridge Report in 2024, the average cost of a data breach in India reached ₹19.5 crore ($2.35 million), reflecting a 9% increase from the previous year and a 39% rise since 2020.

    Today’s Editorial focuses on the present Data Protection law passed by the legislators. While the Digital Personal Data Protection (DPDP) Rules, 2025 represent a significant step forward, they require adjustments to ensure effective implementation and protection of individual rights without stifling innovation. This content can be used for – data privacy issues in India, e-governance and cross border mechanism in your Mains Answer Writing.

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    Let’s learn!

    Why in the News?

    On January 3, 2025, the MeitY released the much-anticipated Draft Digital Personal Data Protection (DPDP) Rules — a key moment in India’s journey to regulate digital personal data. 

    • This step follows the passage of the DPDP Act, 2023, bringing India closer to operationalising its framework for safeguarding personal data.
    Key highlights for Draft Digital Personal Data Protection (DPDP) Rules, 2025 are as follows:

    • Citizen-Centric Framework: The rules prioritize citizens’ rights, allowing them to demand data erasure, appoint digital nominees, and manage their data through user-friendly mechanisms provided by data fiduciaries (entities that process personal data).
    • Consent Mechanisms: Data fiduciaries must obtain informed consent from individuals before processing their data, providing clear information about data usage and allowing easy withdrawal of consent.
    • Data Erasure and Retention: Data can be retained for up to 3 years from the last interaction with the user, with a requirement for prior notification before data erasure.
    • Digital-First Approach: The rules advocate for a “digital by design” framework, establishing a Data Protection Board of India (DPBI) that will handle grievances and ensure compliance through online mechanisms.
    • Graded Responsibilities: Different obligations are set for various entities based on their size and impact, easing compliance burdens for startups and small businesses while imposing stricter requirements on larger platforms.
    • Public Feedback: The Ministry has invited public comments on the draft rules until February 18, 2025, aiming for an inclusive approach to law-making.

    About the Digital Personal Data Protection (DPDP) Act, 2023 and the key features include:

    • Consent Requirement: Organizations must obtain explicit consent from individuals before processing their personal data, with limited exceptions for specific legitimate uses.
    • Data Fiduciaries’ Obligations: Entities handling personal data (data fiduciaries) are mandated to ensure data accuracy, security, and deletion after the purpose is fulfilled. They must also report data breaches to the Data Protection Board (DPB) within 72 hours.
    • Rights of Individuals: Individuals have rights to access, correct, and erase their data, as well as to seek grievance redressal.
    • Data Protection Board: The DPB will oversee compliance and address grievances regarding data processing practices.
    • Border Data Transfer: The Act allows for the transfer of personal data outside India, subject to government restrictions.

    The DPDP Act aims to balance individual privacy rights with the need for data processing in a digital economy, marking a significant step in India’s approach to data protection.

    How Pragmatic is the present Data Protection law?

    • Simplicity Over Complexity: India’s rules focus on clear and straightforward consent processes, reducing “consent fatigue” that users experience in Europe due to excessive details.
    • Outcome-Based Framework: Instead of strict regulations on how to present information, the DPDP Rules allow businesses to decide how to inform users about their rights, promoting innovation and respecting business autonomy.
    • Children’s Data Protection: The rules provide stricter protections for children’s personal data but also recognize the value of monitoring in educational contexts. Certain sectors, like educational institutions and healthcare, are exempt from needing parental consent for tracking, as long as they follow specific guidelines.
    Did you know?

    • While the EU’s General Data Protection Regulation (GDPR) was initially praised, it now faces criticism for favoring large corporations and not effectively building public trust. 
    • In contrast, India is adopting a more pragmatic and balanced method with this present Digital Personal Data Protection Act (DPDPA), aiming to protect individual privacy without imposing overly strict regulations that could hinder smaller businesses. 
    • This offers a refreshing alternative to Europe’s more interventionist policies.

    What are the limitations and flaws in the present law?

    • Complexity in Cross-Border Data Flow: The draft rules introduce complications regarding cross-border data transfers, imposing localization mandates on Significant Data Fiduciaries (SDFs) that may exceed the original intent of the legislation.
    • Regulatory Arbitrage Risk: Differentiating between SDFs and smaller entities creates potential for smaller businesses to exploit relaxed rules, leading to unfair advantages and possible deterrents to investment in India.
    • Law Enforcement Challenges: The push for data localization stems from law enforcement’s need for access to cross-border data, but a more targeted approach could be more effective than a blanket regulation.
      • The rules lack clarity on how businesses can verify the legitimacy of user information requests and do not address excessive or unfounded requests for data.
    • Sensitive Business Data Concerns: Uncertainty exists regarding government access to sensitive business data, raising concerns about the protection of trade secrets and competitive information.
      • These issues highlight the need for improved procedural safeguards to ensure that businesses can protect sensitive information while complying with regulations.

    What should be the way Forward?

    • Importance of Compliance: Businesses should view compliance with data protection laws as essential for protecting their reputation and ensuring operational continuity, rather than just a regulatory obligation.
    • Need for Evolving Privacy Frameworks: India must move beyond traditional notice-and-consent mechanisms to better protect citizens’ privacy, especially in environments where consent is difficult to obtain.
      • With advancements in IoT, 5G, and AI leading to increased data collection, new privacy frameworks should focus on broader protections rather than solely relying on consent.
    • Targeted Data Localization: The draft rules should consider a more targeted approach to data localization that addresses law enforcement needs without imposing excessive burdens on businesses.
  • Report on AI governance guidelines development

    Why in the News?

    A government panel has recommended forming an inter-ministerial committee to enforce AI rules and ensure effective governance of India’s growing AI ecosystem under India’s AI Mission.

    • The Government of India has allocated ₹10,372 crore for the recently launched IndiaAI Mission under the Ministry of Electronics and Information Technology.

    What are the key issues highlighted by the Report?

    • Need for Coordinated Governance: The report emphasizes the necessity of a coordinated, whole-of-government approach for effective AI governance in India. It highlights that fragmentation in AI oversight across ministries may lead to inefficiencies and gaps.
    • Importance of Multi-disciplinary Expertise: The report underscores the importance of pooling together expertise from various departments, regulators, and stakeholders to manage AI’s evolving ecosystem. It suggests setting up a technical secretariat within the Ministry of Electronics and Information Technology (MeitY) to facilitate this process.
    • Life Cycle and Ecosystem View: The report stresses the need for a life cycle approach to AI governance, addressing risks at different stages—development, deployment, and diffusion of AI systems. It advocates for an “ecosystem view” that considers various AI actors, including data providers, developers, and end users, for a holistic approach.
    • Light Regulatory Framework: The report advocates for a lightweight regulatory framework rather than a “command and control” approach. It proposes a tech-enabled digital governance system to gradually scale regulatory control, thus encouraging innovation while ensuring safety and accountability.
    • Sector-Specific Risks: It acknowledges that different sectors, such as health and banking, pose specific risks with AI systems. As such, a one-size-fits-all regulatory approach might not be effective in these areas.
    • Existing Laws for Specific Issues: The report refers to existing legal frameworks to address emerging issues like deepfakes and cybersecurity, reiterating that these concerns can be handled under current laws.

    What are the 8 Principles?

    • Transparency: AI systems must provide meaningful information about their development and capabilities, ensuring that stakeholders understand how they function.
    • Accountability: Developers and deployers of AI systems should be held accountable for their impacts, with clear organizational structures to identify responsible parties.
    • Safety, Reliability, and Robustness: AI systems should be designed to be safe and reliable, with safeguards in place to ensure they function as intended.
    • Privacy and Security: Protect user data privacy and ensure security measures are implemented to safeguard against unauthorized access.
    • Fairness and Non-Discrimination: AI systems must operate without bias, ensuring equitable treatment across different demographic groups.
    • Human-Centered Values: AI should align with human values, promoting positive outcomes for individuals and society while minimizing harm.
    • Inclusive Innovation: Encourage innovation that equitably distributes benefits across society, ensuring that advancements in AI do not exacerbate existing inequalities.
    • Digital Governance: Leverage digital technologies to operationalize governance principles effectively, facilitating compliance and oversight.

    What are the key recommendations?  (Way forward)

    • Establishment of an Inter-Ministerial AI Coordination Committee: This committee should serve as a permanent body to coordinate AI governance efforts across various national authorities and institutions, ensuring a unified approach to policy and regulation.
    • Creation of a Technical Secretariat: The Ministry of Electronics and IT (MeitY) should establish a technical secretariat to act as a focal point for coordination, providing technical advisory support and facilitating collaboration among stakeholders.
    • Development of an AI Incident Database: A central repository should be created to document real-world issues related to AI, such as discriminatory outputs and privacy violations, to inform risk assessments and harm mitigation strategies.
    • Promotion of Voluntary Transparency Commitments: The Technical Secretariat should engage with industry stakeholders to encourage voluntary commitments on transparency and best practices across the AI ecosystem.
    • Exploration of Technological Solutions: The committee should investigate the use of techno-legal measures, such as watermarking and content provenance, to address challenges like deepfakes and ensure accountability in AI systems.
  • More flexibility, but also greater challenges

    Why in the News?

    The latest guidelines from the University Grants Commission (UGC) mark a significant transformation in India’s higher education system.

    What are the Draft Guidelines by UGC in 2025?

    The University Grants Commission (UGC) has introduced new draft guidelines for undergraduate education in India, which include:

    • Accelerated Degree Programmes (ADP): This allows students to complete their degrees faster by earning additional credits per semester. Students can opt for this after their first or second semester based on their academic performance. A three-year degree can be completed in five semesters, while a four-year degree can be finished in six or seven semesters.
    • Extended Degree Programmes (EDP): This option enables students facing personal or academic challenges to extend their study duration, allowing them to take fewer credits per semester. There is no upper limit on the number of students who can enroll in EDP, unlike ADP, which may have a cap of 10% of the sanctioned intake.

    What are the advantages of adapting new guidelines?

    • Greater Flexibility: The new guidelines allow for biannual admissions, enabling students to enroll in higher education programs twice a year. This flexibility helps students who may have missed the initial admission cycle or face personal challenges, reducing the risk of losing an entire academic year.
    • Multiple Entry and Exit Options: Students can now enter and exit programs as needed, which accommodates various life circumstances and promotes lifelong learning. This approach aligns with the National Education Policy (NEP) 2020’s emphasis on inclusivity and adaptability.
    • Holistic Development: The guidelines promote multidisciplinary learning by allowing students to earn credits in skill development, apprenticeships, or other subjects outside their major discipline. This fosters a more well-rounded educational experience.
    • Recognition of Prior Learning (RPL): The introduction of RPL allows individuals to gain formal recognition for skills and knowledge acquired through informal or experiential learning. This enhances career prospects and supports the integration of informal workers into the education system.
    • Alignment with Global Standards: By adopting these flexible structures, Indian higher education can better align with international practices, improving student mobility both within India and abroad.

    What are the challenges in adapting new guidelines?

    • Administrative Complexity: Implementing these new guidelines requires significant changes to existing administrative structures and processes within higher education institutions (HEIs). This can be daunting for institutions already facing resource constraints.
    • Quality Assurance Concerns: There are concerns about maintaining educational quality and rigor, especially in accelerated programs where the curriculum is compressed. This could lead to superficial understanding of key concepts among students.
    • Equity Issues: Students from underprivileged backgrounds may struggle to navigate the new system without adequate support, potentially leading to higher dropout rates if they cannot keep pace with peers.
    • Faculty Adaptation: Educators will need professional development to adjust to new pedagogical models that emphasize flexibility and interdisciplinary learning. The success of these reforms depends not only on student adaptation but also on faculty capability to support diverse learning needs effectively.

    What are the practical issues? 

    • Curriculum Restructuring: Implementing these new formats requires significant changes to existing curricula and teaching methodologies, which could strain resources at many institutions.
    • Administrative Frameworks: Institutions must develop robust systems for tracking student progress, managing credit transfers, and recognizing academic achievements effectively.
    • Digital Divide: The shift towards digitalization in education could exacerbate inequalities among students from different socio-economic backgrounds if adequate support systems are not established.
    • Faculty Development: Educators will need professional development to adapt to new teaching models that emphasize flexibility and interdisciplinary learning.

    Way forward: 

    • Strengthen Institutional Capacity: Provide financial support, upgrade infrastructure, and streamline administrative systems to manage credit transfers, biannual admissions, and curriculum restructuring effectively.
    • Ensure Inclusivity and Quality: Offer targeted support for underprivileged students, bridge the digital divide, and invest in faculty development programs to maintain educational quality and equity.

    Mains PYQ:

    Q National Education Policy 2020 is in conformity with the Sustainable Development Goal-4 (2030). It intends to restructure and reorient education system in India. Critically examine the statement. (UPSC IAS/2020)

  • Enhancing governance the digital way

    Why in the News?

    Recently, India has started a big effort to move towards digital governance which aims to make services better for citizens and improve the skills of government workers.

    What are the key challenges facing the implementation of digital governance in India?

    • Resistance to Change: Some segments of the government workforce are hesitant to adopt new technologies, leading to slow adaptation within bureaucratic structures. This resistance can hinder the overall effectiveness of digital initiatives.
    • Digital Divide: There is a significant disparity in internet access and digital literacy between urban and rural areas. Many rural employees lack the necessary infrastructure and skills to engage with digital platforms, potentially leaving them behind in the digital transformation process.
    • Incentive Structures: Current initiatives, such as the iGOT Karmayogi platform, risk becoming mere attendance trackers without meaningful outcomes. The lack of incentives for employees to apply new skills can undermine the effectiveness of training programs.
    • Cybersecurity Risks: As government operations increasingly move online, the risk of data breaches and cyberattacks escalates. Ensuring robust cybersecurity measures is essential to protect sensitive information and build trust in digital governance.
    • Need for Continuous Learning: The rapid evolution of technology necessitates ongoing training and upskilling opportunities for government employees to keep pace with new tools and platforms.

    How can technology be leveraged to improve public service delivery and citizen engagement?

    • Streamlined Workflows: Initiatives like e-Office digitize workflows, reducing reliance on paperwork and enhancing operational efficiency, which leads to faster service delivery.
    • Enhanced Communication: Digital platforms facilitate real-time communication between government officials and citizens, improving transparency and responsiveness to public needs.
    • Data-Driven Decision Making: Technologies such as data analytics enable informed decision-making by providing insights into citizen needs and service effectiveness.
    • Citizen-Centric Platforms: Tools like MyGov allow for direct interaction between citizens and the government, fostering greater engagement and participation in governance processes.
    • Online Procurement Systems: Platforms like the Government e-Marketplace (GeM) streamline procurement processes, making them more transparent and efficient.

    What role does collaboration play in successful digital governance?

    • Multi-Stakeholder Engagement: Effective digital governance requires collaboration among various stakeholders, including government bodies, NGOs, community leaders, and citizens, to ensure that diverse perspectives are considered.
    • Capacity Building: Collaborative efforts in training and capacity building can help equip government employees with the necessary skills to navigate digital tools effectively.
    • Sharing Best Practices: Partnerships with private sector entities can facilitate knowledge sharing and the adoption of innovative solutions that enhance public service delivery.
    • Policy Development: Collaborative frameworks can aid in developing policies that address challenges such as the digital divide and cybersecurity threats, ensuring a comprehensive approach to digital governance.
    • Feedback Mechanisms: Establishing channels for citizen feedback enhances accountability and allows for continuous improvement in digital governance initiatives.

    Way forward: 

    • Strengthening Digital Infrastructure and Training: Invest in improving digital infrastructure, especially in rural areas, and provide continuous, targeted training to government employees to bridge the skill gap and ensure effective use of technology.
    • Enhancing Collaboration and Incentives: Foster stronger collaboration between government, private sector, and communities while creating incentive structures that encourage employees to apply newly acquired skills, ensuring the tangible impact of digital governance initiatives.

    Mains PYQ:

    Q “The emergence of the Fourth Industrial Revolution (Digital Revolution) hasinitiated e-Governance as an integral part of government”. Discuss. (UPSC IAS/2020)

  • Tackling delimitation by reversing population control

    Why in the News?

    Recently, the Chief Ministers of Andhra Pradesh and Tamil Nadu, N. Chandrababu Naidu and M.K. Stalin, expressed their frustration over the proposed delimitation exercise, which might lead to their states losing parliamentary seats.

    How Does Population Control Influence Delimitation?

    • Population as the Basis for Representation: Delimitation exercises are based on the population count, which determines the number of seats allocated to states in Parliament.
    • Southern States’ Success in Population Control: Southern states like Tamil Nadu and Andhra Pradesh, which have achieved lower fertility rates, face the risk of reduced parliamentary representation.
    • Demographic Divide: States with higher population growth (mainly in northern India) may gain more seats, leading to an imbalance in political representation.

    What are the implications of current demographic trends on political representation?

    • Seat Redistribution: The impending delimitation exercise, scheduled for 2026, may lead to a significant redistribution of Lok Sabha seats.
      • Estimates suggest that states like Uttar Pradesh could gain up to 14 additional seats, while Tamil Nadu might lose several, decreasing its representation from 39 to potentially 30 seats.
    • Federal Structure Concerns: The southern states argue that using population counts for political representation undermines the federal structure of India. They contend that it is unjust to penalize regions that have successfully managed population growth while rewarding those with higher growth rates.

    What are the arguments for and against reversing population control measures during delimitation?

    Reversing population refers to attempts to increase fertility rates through incentives, aiming to counteract declining population growth trends.

    • Argument in favour of Reversal:
      • Political Strategy: South political leaders advocate for incentivizing larger families as a means to maintain or increase political representation in light of the delimitation concerns.
      • Cultural Context: There is a push to celebrate larger families as a cultural norm, with comments from leaders suggesting an exaggerated approach to family size as a humorous response to the delimitation threat.
    • Argument against Reversal:
      • Long-term Consequences: Experts argue that reversing fertility rates through incentives may not be effective or sustainable. Historical examples, such as China’s one-child policy, illustrate the challenges and unintended consequences of aggressive population control measures.
      • Social Support Necessity: Encouraging higher birth rates without adequate social support for families could place additional burdens on women and society at large. Effective policies should focus on providing necessary support rather than merely increasing birth rates.

    What reforms are necessary for a fair delimitation process? (Way forward)

    • Equitable Representation Criteria: Reforms should consider not only population counts but also socio-economic characteristics, ensuring that regions with successful population management are not unfairly penalized in political representation.
    • Stakeholder Consultations: Increased dialogue among stakeholders is essential to address concerns regarding the delimitation process. This could involve re-evaluating how political representation is determined based on demographic trends and regional development successes.
    • Migration Policies: To address regional population imbalances, promoting migration could serve as a viable solution alongside revising how political representation is allocated based on demographic characteristics rather than sheer numbers alone.

    Mains PYQ:

    Q Discuss the main objectives of Population Education and point out the measures to achieve them in India in detail. (UPSC IAS/2021)

  • Govt to issue over 5.8 million SVAMITVA Property Cards

    Why in the News?

    Over 58 lakh property cards will be issued to owners in approximately 50,000 villages across 12 States/UTs through a virtual event addressed by PM Modi under the SVAMITVA Scheme.

    About SVAMITVA Scheme:

    Details
    About
    • Full Form: Survey of Villages and Mapping with Improvised Technology in Village Areas.
    • Launched on 24th April 2020 (National Panchayati Raj Day) by the Ministry of Panchayati Raj.
    • Objective: Provide an integrated property validation solution for rural India, issuing Record of Rights to households in inhabited rural areas (village abadi areas).
    • Central Sector Scheme: Fully funded by the Central Government, implemented in collaboration with States/UTs and the Survey of India.

    Primary Goals:
    1. Demarcation of inhabited areas using drone technology.
    2. Creation of property cards (Record of Rights).
    3. Formalizing ownership to reduce disputes and enable financial asset use.

    Structural Mandate Implementing Agencies:

    • Ministry of Panchayati Raj at the national level.
    • State Revenue Department/Land Records Department at the state level.
    • Survey of India (as the technology partner).

    Coverage:

    • The scheme is being implemented in phases from 2020-2024.
    • Initially covered 6.62 lakh villages in Uttar Pradesh, Haryana, Maharashtra, Madhya Pradesh, Uttarakhand, and Karnataka, including a few border villages of Punjab and Rajasthan.
    • West Bengal, Bihar, Nagaland, and Meghalaya have not joined the scheme yet.
    • Nomenclature: Title Deed in Haryana, Rural Property Ownership Records (RPOR) in Karnataka, Adhikar Abhilekh in Madhya Pradesh, Sannad in Maharashtra, Svamitva Abhilekh in Uttarakhand, and Gharauni in Uttar Pradesh.
    Key Features and Significance
    • Use of Drone Survey Technology: Drones capture high-resolution images for accurate mapping of village abadi lands.
    • Issuance of Property Cards: Known by various names (e.g., ‘Gharauni’ in UP). Serves as legal proof of ownership.
    • Phased Implementation (2020–2024): Began in select states (UP, Haryana, Maharashtra, MP, Uttarakhand, Karnataka, plus border villages in Punjab/Rajasthan), expanding nationwide.
    • Continuous Operating Reference System (CORS): Network stations for precise drone-based surveys in pilot-phase states.
    • Stakeholder Collaboration: Ministry of Panchayati Raj, State Revenue/Land Records Depts, Survey of India, etc.
    Progress Made So Far
    • Drone Surveys & Mapping: 92% of targeted drone mapping completed across 3.17 lakh villages; full targets likely by 2026.
    • Issuance of Property Cards: Over 2.19 crore property cards finalized; latest distribution covered 58 lakh cards in 50,000 villages across 12 States/UTs.
    • Phased Rollout: Successful pilots led to larger-scale implementation.
    • Collaborative Efforts: Coordination among Panchayati Raj Ministry, Survey of India, and state-level agencies; financial support from the Centre.
    • Recognition of Success: Regarded as a landmark initiative for minimizing litigation, enhancing rural governance, and clarifying property rights.

     

    PYQ:

    [2019] With reference to land reforms in independent India, which one of the following statements is correct?

    (a) The ceiling laws were aimed at family holdings and not individual holdings.

    (b) The major aim of land reforms was providing agricultural land to all the landless.

    (c) It resulted in cultivation of cash crops as a predominant form of cultivation.

    (d) Land reforms permitted no exemptions to the ceiling limits.

  • Maharashtra Prisons and Correctional Services Act, 2024

    Why in the News?

    The Maharashtra Legislative Assembly passed the Maharashtra Prisons and Correctional Services Act, 2024, aiming to modernize and reform the State’s prison system. It is based on the Model Prisons Bill, 2023, issued by the Government of India (GoI).

    Maharashtra Prisons and Correctional Services Act, 2024: Key Highlights :

    • Repeal of Outdated Acts:
      • The Prisons Act, 1894, the Prisoners Act, 1900, and the Transfer of Prisoners Act, 1950 stand repealed.
      • The new legislation consolidates laws related to regulation of prisons, correctional services, and prisoners in Maharashtra.
    • Establishment of High-Security Prison in Mumbai:
      • Plans are underway to construct a high-security, multi-storey prison with advanced surveillance measures, akin to international standards like Alcatraz in San Francisco.
      • Features include fortified walls, electronic tracking, power fencing, watchtowers, and 24×7 CCTV coverage.
      • Land parcels for the new Mumbai jail have already been identified.
    • Special Categories of Prisons:
      • Special Prisons for high-risk inmates.
      • Open and Semi-Open Prisons to facilitate rehabilitation.
      • Open Colonies designed for reintegration of inmates with society.
      • Temporary Prisons for certain categories of offenders.
    • Gender-Sensitive Facilities:
      • Separate cells and wards for women inmates with provisions for pre- and post-natal care.
      • Special child-care areas (Balwadis) for children staying with mothers in prison.
      • Dedicated enclosures and healthcare for transgender inmates.
    • Rehabilitation, Skill Development, and Welfare:
      • Mandatory libraries, sports facilities, yoga, and recreation for inmates.
      • Work-based compensation and opportunities to sell inmate-produced goods at on-site outlets.
      • Borstal institutions for young offenders, focusing on education and skill-building.
    • Early Release and Monitoring:
      • A system of parole and furlough for good behavior, with electronic tracking.
      • A special committee under district collectors to support bail bond funding for indigent undertrial prisoners (noting that 1,600 accused are still in jail due to lack of funds).
    • Detention Centre in Mumbai:
      • The State plans to establish a detention centre in Mumbai. The Brihanmumbai Municipal Corporation (BMC) has been tasked to identify land for the project.

    About Model Prison Act, 2023 

    • It replaces the colonial-era Prisons Act, 1894, aiming to modernise prison laws and align them with contemporary standards.
    • It shifts emphasis from mere detention to reform and reintegration of inmates.
    • It serves as a model document for states, since ‘Prisons’ is a State List subject in India.
    • It merges relevant provisions of older legislations (e.g., Prisoners Act, 1900 and Transfer of Prisoners Act, 1950).
    • It strives to bring India’s prison system in line with international best practices and human rights norms.
    • Key features include:
      • Specialised Jails: Provides for high-security, open, and semi-open prisons to manage different categories of inmates.
      • Rehabilitation Measures: Emphasises vocational training, skill development, counselling, and educational programs to facilitate inmates’ reintegration.
      • Legal Aid & Incentives: Outlines provisions for legal assistance, along with parole, furlough, and premature release for good conduct.
      • Use of Technology: Encourages CCTV, video conferencing, and e-monitoring systems to enhance transparency and security within prisons.
      • Inclusive Accommodation: Mandates separate facilities for women, transgender persons, and other special categories, ensuring safety and dignity.

     

    Present Prison System: Key Findings of the Supreme Court’s Centre for Research and Planning Report

    • The occupancy rate stood at 131.4% as of December 2022, with 75.8% of inmates being undertrials.
    • This highlights a pressing need for measures to reduce congestion and expedite trials.

    Initiatives taken:

    • Modernization of Prisons Project (2021–26): The government provides financial assistance to States and Union Territories to implement advanced security measures in prisons.
    • Aims to support reformation and rehabilitation efforts for inmates through various correctional programs.
    • Model Prison Manual (2016): Offers detailed guidelines on the legal rights of inmates, including access to free legal services.
    • Modernization of Prisons Scheme (2002–03): Introduced to improve living conditions in prisons, address the welfare of inmates, and enhance the working environment for prison staff.
  • Indic ideas can contribute to good governance

    Why in the News?

    India’s ancient scriptures, history, and culture serve as key inspirations for meaningful governance. As highlighted in the Bhagavad Gita, the concept of “adhishthan” forms the foundation, with PM Modi already promoting its integration.

    How can ancient Indic principles enhance modern governance?

    • Ethical Leadership and Accountability (Raj Dharma): Ancient Indic principles emphasize leaders as servants of the people, prioritizing fairness, justice, and public welfare. This aligns with modern demands for transparent and accountable governance.
    • Inclusive Development (Antyodaya): The concept of Antyodaya advocates for uplifting the marginalized and ensuring that governance benefits all sections of society, especially the most disadvantaged, which is essential for achieving equitable development.
    • Sustainability and Environmental Harmony (LiFE & Karmayogi): Indic principles stress balance with nature and responsible living, guiding modern governance towards sustainable development practices. Additionally, the Karmayogi concept promotes continuous skill-building for public servants to enhance governance effectiveness.

    What are the contemporary challenges to good governance in India?

    • Corruption and Lack of Accountability: Corruption remains a significant barrier to good governance in India, undermining public trust and the effectiveness of government programs.
    • Political Polarization: Increasing polarization between political parties has created a toxic environment that hampers constructive dialogue and collaboration.
    • Inequality and Access to Services: Economic disparities continue to widen, limiting access to essential services such as healthcare, education, and infrastructure for marginalized communities.
    • Bureaucratic Inefficiency: The inefficiency of bureaucratic processes often leads to delays in service delivery and implementation of policies.

    In what ways can citizen engagement be improved through Indic ideas?

    • Participative Governance (Sab Ka Prayas): The concept of Sab Ka Prayas emphasizes collective effort, where citizens are actively involved in decision-making and implementation processes.
    • Empathy and Responsibility (P2G2 – Pro-People Good Governance): By incorporating P2G2, which stresses sensitivity, commitment, and a sense of responsibility towards the people.
      • Citizens can be more engaged through empathetic governance that prioritizes their well-being and fosters trust in public institutions.
    • Empowerment through Education and Awareness (Antyodaya and Raj Dharma): Indic ideas like Antyodaya and Raj Dharma promote the empowerment of all individuals, particularly the marginalized, through education and awareness.

    Conclusion: To enhance governance, India should integrate ancient Indic principles like ethical leadership, inclusivity, and environmental sustainability into policy-making. This requires strengthening transparency, encouraging citizen participation, empowering marginalized communities, and fostering continuous capacity building in public administration for effective governance.

    Mains PYQ:

    Q What do you understand by the term ‘good governance’? How far recent initiatives in terms of e-Governance steps taken by the State have helped the beneficiaries? Discuss with suitable examples.   (UPSC IAS/2022)

  • [21st December 2024] The Hindu Op-ed: It is for historians to dig for tell-tale remains, not bigots

    PYQ Relevance:

    Q) Are tolerance, assimilation and pluralism the key elements in the making of an Indian form of secularism? Justify your answer. (UPSC CSE 2022)

    Mentor’s Comment: UPSC Mains have previously focused on the ‘Indian concept of secularism’ (2018) as well as the ‘tolerance, assimilation and pluralism’ of India (in 2022).

    Archaeologists typically dig historic sites to uncover ancient civilizations or cities, using scientific methods. However, excavating under one religion’s place of worship to find another’s is unusual and non-secular. Former CJI D.Y. Chandrachud found no issue with such a survey in the Gyanvapi mosque case, observing it might not violate the Places of Worship Act.

    Today’s editorial explores the issues and implications of survey or excavation in an active place of worship.

    _

    Let’s learn!

    Why in the News?

    Conducting a survey or excavation in an active place of worship to determine its religious identity violates the rights granted under Article 26.

    What is the role of interpreting historical events like the Places of Worship Act?

    • Secular Intent: The Places of Worship (Special Provisions) Act, enacted in 1991, aims to maintain the religious character of places of worship as they existed on August 15, 1947. Its purpose is to prevent communal tensions and preserve secularism in India by prohibiting the conversion of places of worship from one religion to another.
    • Historical Context: The Act was introduced in response to rising communal tensions, particularly during the Ram Janmabhoomi movement. It seeks to provide a legal framework that acknowledges historical grievances while promoting coexistence among different religious communities.
    • Legal Clarity: The Act explicitly states that any legal proceedings regarding the conversion of religious places existing as of 1947 shall abate, thereby providing a clear legal stance on maintaining the status quo and preventing future disputes over religious sites.

    How do ideological biases affect the understanding and what are the legal challenges?

    • Challenging Constitutionality: The constitutionality of the Places of Worship Act is currently under challenge in the Supreme Court. Critics argue that the choice of August 15, 1947, as a cut-off date is arbitrary and infringes on judicial review rights, suggesting that it limits access to courts for addressing historical injustices.
    • Specious Arguments: The argument that the date was chosen arbitrarily is countered by the rationale that it marks India’s independence and the establishment of a new sovereign state. Thus, it serves as a logical reference point for determining the religious character of places of worship.
    • Judicial Review Concerns: The claim that the Act undermines judicial review is contested; while it does prevent certain types of suits from proceeding, it does not eliminate judicial oversight entirely. The Act’s provisions aim to balance legislative authority with judicial processes.

    What are the Judicial Observations and Consequences?

    • CJI’s Remarks: Former Chief Justice D.Y. Chandrachud’s observation regarding surveys in places of worship sparked controversy. His statement suggested that such surveys might not violate the Places of Worship Act, leading lower courts to order surveys in mosques without fully considering their implications or legal standing.
    • Impact on Communal Harmony: The lower courts’ decisions to conduct surveys have led to increased tensions and even violence in some instances, highlighting how judicial observations can have significant real-world consequences on communal relations.
    • Legal Relevance of Surveys: The necessity for surveys to determine religious character is questioned since the Act already establishes what that character was as of 1947. This raises concerns about unnecessary provocations and potential violations of established law.
    What do fundamental rights say?

    • Article 26 Protections: Article 26 of the Indian Constitution grants religious denominations the right to manage their own affairs in matters of religion. Interference through surveys or excavations in places of worship can be viewed as a violation of this fundamental right.
    • Worship as a Fundamental Right: The act of worshipping in a mosque or church is protected under this Article. Any external interference aimed at redefining or questioning this right undermines the autonomy and dignity afforded to religious communities.
    • Historical Preservation vs. Political Agendas: While archaeology can reveal historical truths, using it as a tool for political or communal agendas risks distorting history and inciting further division among communities. It emphasizes the need for careful handling of sensitive historical narratives within legal frameworks.

    Way forward: 

    • Strengthen Legal Safeguards: Ensure strict adherence to the Places of Worship Act, 1991, to prevent misuse of surveys or excavations that could disrupt communal harmony, while upholding secular principles and maintaining the religious status quo as of 1947.
    • Promote Judicial Prudence: Advocate for cautious and balanced judicial observations to avoid unintended consequences on communal relations, ensuring sensitive cases are handled with due consideration of legal and social implications.

    https://www.thehindu.com/opinion/lead/it-is-for-historians-to-dig-for-tell-tale-remains-not-bigots/article69010128.ece#:~:text=History%20has%20sequestered%20in%20the,of%20generations%20of%20unwary%20people