💥Join UPSC 2027,2028 Mentorship (August Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

Subject: Polity

  • Strengthen secularism

    Context

    The High Court of Karnataka has not been able to settle the hijab issue. The petition has been filed in the apex court by a Muslim student against the high court judgement.

    Political and Constitutional dimensions of the issue

    • The issue of the hijab is political as well as constitutional.
    • The top court will examine the constitutional aspect and its judgment will hopefully settle the issue.
    • But the political dimension of the hijab issue will continue to trouble Indian society for a long time.
    • The Indian Constitution provides for freedom of religion and conscience on the one hand and secularism for the governance of the country on the other.

    Understanding the freedom of religion under Indian Constitution

    • Under the Indian Constitution, there is a separation of religion from the state as in Europe.
    • The essence of India’s secularism is that the state has no religion.
    • This is clear from Articles 27 and 28 of the Constitution.
    • Article 27 says that no tax can be levied for promoting any particular religion.
    • In other words, no public revenue is permitted to be spent in favour of any particular religion. 
    • Article 28 says that no religious instruction shall be given in any educational institutions wholly maintained out of state funds.
    • The same Article says that no educational institution recognised or aided by the state shall compel any person to attend religious classes or worship therein.
    • Article 25(2)(a) empowers the state to regulate secular activities associated with religious practice.
    • Article 15 prohibits any kind of discrimination on the ground of religion.
    • Freedom of religion is subject to other fundamental rights: Above all, freedom of religion is made subject to other fundamental rights, apart from the reasonable restrictions on the grounds of public order, morality and health.
    • Thus, the freedom of religion under the Constitution does not enjoy the same status as other secular rights such as equality before law, non-discrimination, right to life and liberty, etc.

    Why India needs to be secular

    • Theocracy will ensure the disintegration of the country.
    • 1] India is a multi-religious country where the largest minority is around 200 million.
    • The Government of India had notified as many as six minority religions in the country.
    • So, a theocratic state with the majority religion as the state religion is an unworkable proposition.
    • 2] Complex structure: Another crucial factor which makes a theocratic state impossible in India is the complex, inegalitarian, hierarchical and oppressive social structure of the majority religion.
    • 3] There would be no equality: Since a theocratic state based on the religious texts, in the Indian context, would mean a state which would deny equality before law and equal protection of law to the subaltern class and discriminate against them on the basis of caste, it will be inherently unstable.
    • This may lead to perennial conflicts and the eventual disintegration of society.
    • Therefore, we reach the inevitable conclusion that India, as a nation, can survive only as a secular state where the state has no religion and does not promote any religion.

    Conclusion

    Secularism was chosen as the foundational principle of the republic to keep the nation united. Enlightened citizens should realise that if secularism is jettisoned, the hard-won national unity will be in peril. It is the patriotic duty of every citizen to strengthen secularism and thus save the republic.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Who are Denotified Tribes (DNTs)?

    A standing committee of Parliament, tabled last week, has criticised the functioning of the development programme for de-notified, nomadic and semi-nomadic tribes.

    Who are de-notified, nomadic and semi-nomadic tribes?

    • These are communities who are the most vulnerable and deprived.
    • Denotified tribes (DNTs) are communities that were ‘notified’ as being ‘born criminal’ during the British regime under a series of laws starting with the Criminal Tribes Act of 1871.
    • They mostly belong to the medieval period Banjaras.
    • Nomadic and semi-nomadic communities are defined as those who move from one place to another rather than living at one place all the time.

    What is the history of deprivation faced by these communities?

    • This has a long history, first during colonial rule, and then in independent India.
    • These communities are largely politically ‘quiet’ — they do not place their demands concretely before the government for they lack vocal leadership and also lack the patronage of a national leader.
    • Many commissions and committees constituted since Independence have referred to the problems of these communities. These include the:
    1. Criminal Tribes Inquiry Committee, 1947 constituted in the United Provinces (now Uttar Pradesh)
    2. Ananthasayanam Ayyangar Committee in 1949 (it was based on the report of this committee the Criminal Tribes Act was repealed)
    3. Kaka Kalelkar Commission (also called first OBC Commission) constituted in 1953
    4. In 1965, an Advisory Committee constituted for revision of the SC and ST list under the chairmanship of B N Lokur referred to denotified tribes
    5. The B P Mandal Commission constituted in 1980 also made some recommendations on the issue

    Policy measures for DNTs

    • A National Commission for De-notified, Nomadic and Semi-Nomadic Tribes (NCDNT) was constituted in 2006 by the then government.
    • It was headed by Balkrishna Sidram Renke and submitted its report in June 2008.
    • It said that it is an irony that these tribes somehow escaped the attention of our Constitution makers and thus got deprived of the Constitutional support unlike SCs and STs.
    • The Renke commission estimated their population at around 10.74 crore based on Census 2001.
    • A new Commission constituted in February 2014 to prepare a state-wise list, which submitted its report on January 8, 2018, identified 1,262 communities as de-notified, nomadic and semi-nomadic.
    • Much recently, the Minister of Social Justice and Empowerment launched the Scheme for Economic Empowerment of De-notified, Nomadic, and Semi Nomadic Communities (SEED).

    Why in news now?

    • While a number of these tribes are categorised under SC, ST and OBC, many are not.
    • The standing committee report in Parliament has cited a statement by the Secretary, Department of Social Justice and Empowerment, that 269 DNT communities are not covered under any reserved categories.
    • These communities are frequently left out because they are less visible and difficult to reach.

    What is DWBDNC, and what is its role?

    • The DWBDNC stands for the Scheme for welfare of Denotified, Nomadic and Semi Nomadic communities (DWBDNC).
    • The commission report submitted in 2018 had recommended the setting of up a permanent commission for these communities.
    • But since most DNTs are covered under SC, ST or OBC, the government felt setting up a permanent commission, which would deal with redress of grievances.
    • The government therefore set up the DWBDNCs under the Societies Registration Act, 1860 under the aegis of Ministry of Social Justice and Empowerment.

    The Idate Commission

    • The DWBDNC was constituted on February 21, 2019 under the chairmanship of Bhiku Ramji Idate.
    • Also, a committee has been set up by the NITI Aayog to complete the process of identification of the de-notified, nomadic and semi-nomadic communities (DNCs).
    • Ethnographic studies of DNCs are being conducted by the Anthropological Survey of India, with a budget of Rs 2.26 crore sanctioned.
    • On March 30, 2022 the DoPT issued an advertisement for the recruitment of consultants in the DWBDNC.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • SC to hear plea against Electoral Bonds Scheme

    The CJI N will soon take up a long-pending challenge against the government’s electoral bonds scheme.

    What are Electoral Bonds?

    • Electoral bonds are banking instruments that can be purchased by any citizen or company to make donations to political parties, without the donor’s identity being disclosed.
    • It is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of State Bank of India.
    • The citizen or corporate can then donate the same to any eligible political party of his/her choice.
    • An individual or party will be allowed to purchase these bonds digitally or through cheque.

    About the scheme

    • A citizen of India or a body incorporated in India will be eligible to purchase the bond
    • Such bonds can be purchased for any value in multiples of ₹1,000, ₹10,000, ₹10 lakh, and ₹1 crore from any of the specified branches of the State Bank of India
    • The purchaser will be allowed to buy electoral bonds only on due fulfillment of all the extant KYC norms and by making payment from a bank account
    • The bonds will have a life of 15 days (15 days time has been prescribed for the bonds to ensure that they do not become a parallel currency).
    • Donors who contribute less than ₹20,000 to political parties through purchase of electoral bonds need not provide their identity details, such as Permanent Account Number (PAN).

    Objective of the scheme

    • Transparency in political funding: To ensure that the funds being collected by the political parties is accounted money or clean money.

    Who can redeem such bonds?

    • The Electoral Bonds shall be encashed by an eligible Political Party only through a Bank account with the Authorized Bank.
    • Only the Political Parties registered under Section 29A of the Representation of the People Act, 1951 (43 of 1951) and which secured not less than one per cent of the votes polled in the last General Election to the Lok Sabha or the State Legislative Assembly, shall be eligible to receive the Electoral Bonds.

    Restrictions that are done away

    • Earlier, no foreign company could donate to any political party under the Companies Act
    • A firm could donate a maximum of 7.5 per cent of its average three year net profit as political donations according to Section 182 of the Companies Act.
    • As per the same section of the Act, companies had to disclose details of their political donations in their annual statement of accounts.
    • The government moved an amendment in the Finance Bill to ensure that this proviso would not be applicable to companies in case of electoral bonds.
    • Thus, Indian, foreign and even shell companies can now donate to political parties without having to inform anyone of the contribution.

    Issues with the Scheme

    • Opaque funding: While the identity of the donor is captured, it is not revealed to the party or public. So transparency is not enhanced for the voter.
    • No IT break: Also income tax breaks may not be available for donations through electoral bonds. This pushes the donor to choose between remaining anonymous and saving on taxes.
    • No anonymity for donors: The privacy of the donor is compromised as the bank will know their identity.
    • Differential benefits: These bonds will help any party that is in power because the government can know who donated what money and to whom.
    • Unlimited donations: The electoral bonds scheme and amendments in the Finance Act of 2017 allows for “unlimited donations from individuals and foreign companies to political parties without any record of the sources of funding”.

    Way ahead

    • The worries over the electoral bond scheme, however, go beyond its patent unconstitutionality.
    • The concern about the possibility of misuse of funds is very pertinent.
    • The EC has been demanding that a law be passed to make political parties liable to get their accounts audited by an auditor from a panel suggested by the CAG or EC. This should get prominence.
    • Another feasible option is to establish a National Election Fund to which all donations could be directed.
    • This would take care of the imaginary fear of political reprisal of the donors.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • No need for laws to enforce duties on citizens: AG

    Attorney-General K.K. Venugopal said that there was no need to enact specific laws to “enforce” fundamental duties on citizens.

    What is the case?

    • The Supreme Court is entertaining a public interest litigation (PIL) petition to enforce the fundamental duties of citizens, including patriotism and unity of nation, through “comprehensive, well-defined laws”.

    Precursor to AG’s remark

    • The Supreme Court has directed in the Ranganath Mishra judgment of 2003 regarding the implementation of the Justice J.S. Verma Committee’s report on the “operationalization of fundamental duties”.
    • The committee’s work was a part of a report of the National Commission to Review the Working of the Constitution.
    • The report had urged the government to sensitise people to, and create general awareness of, their duties and the protection of minorities and freedom of religion.

    What are Fundamental Duties?

    • The fundamental duties of citizens were added to the constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee.
    • It basically imply the moral obligations of all citizens of a country and today, there are 11 fundamental duties in India, which are written in Part IV-A of the Constitution, to promote patriotism and strengthen the unity of India.
    • The FDs obligate all citizens to respect the national symbols of India, including the constitution, to cherish its heritage, preserve its composite culture and assist in its defence.
    • They also obligate all Indians to promote the spirit of common brotherhood, protect the environment and public property, develop scientific temper, abjure violence, and strive towards excellence in all spheres of life.

    Judicial interpretation of FDs

    • The Supreme Court has held that FDs are not enforceable in any Court of Law.
    • It ruled that these fundamental duties can also help the court to decide the constitutionality of a law passed by the legislature.
    • There is a reference to such duties in international instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights, and Article 51A brings the Indian constitution into conformity with these treaties.

    Total FDs

    • Originally ten in number, the fundamental duties were increased to eleven by the 86th Amendment in 2002.

    The 10 fundamental duties are as follows:

    1. To oblige with the Indian Constitution and respect the National Anthem and Flag
    2. To cherish and follow the noble ideas that inspired the national struggle for freedom
    3. To protect the integrity, sovereignty, and unity of India
    4. To defend the country and perform national services if and when the country requires
    5. To promote the spirit of harmony and brotherhood amongst all the people of India and renounce any practices that are derogatory to women
    6. To cherish and preserve the rich national heritage of our composite culture
    7. To protect and improve the natural environment including lakes, wildlife, rivers, forests, etc.
    8. To develop scientific temper, humanism, and spirit of inquiry
    9. To safeguard all public property
    10. To strive towards excellence in all genres of individual and collective activities

    The 11th fundamental duty which was added to this list is:

    1. To provide opportunities for education to children between 6-14 years of age, and duty as parents to ensure that such opportunities are being awarded to their child. (86th Amendment, 2002)

    Try this PYQ from CSP 2017:

    Q. Which of the following is/are among the Fundamental Duties of citizens laid down in the Indian Constitution?

    1. To preserve the rich heritage of our composite culture
    2. To protect the weaker sections from social injustice
    3. To develop the scientific temper and spirit of inquiry
    4. To strive towards excellence in all spheres of individual and collective activity.

    Select the correct answer using the codes given below:

    (a) 1 and 2 only

    (b) Only 2

    (c) 1, 3 and 4 only

    (d) 1, 2, 3 and 4

     

    [wpdiscuz-feedback id=”vi1m5s5vrg” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Delimitation of Constituencies in Jammu and Kashmir

    Members of the Jammu & Kashmir Delimitation Commission faced protests in Jammu as they embarked on a two-day visit to hold consultations with citizens, civil society groups and political parties.

    What is Delimitation and why is it needed?

    • Delimitation is the act of redrawing boundaries of an Assembly or Lok Sabha seat to represent changes in population over time.
    • This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.
    • The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State.
    • Aside from changing the limits of a constituency, the process may result in a change in the number of seats in a state.

    Delimitation in J&K

    • Assembly seats in J&K were delimited in 1963, 1973 and 1995.
    • Prior to August 5, 2019, carving out of J&K’s Assembly seats was carried out under the J&K Constitution and Jammu and Kashmir Representation of the People Act, 1957.
    • Until then, the delimitation of Lok Sabha seats in J&K was governed by the Constitution of India.
    • However, the delimitation of the state’s Assembly was governed by the J&K Constitution and J&K Representation of the People Act, 1957.
    • There was no census in the state in 1991 and hence no Delimitation Commission was set up by the state until 2001 census.

    Why is it in the news again?

    • After the abrogation of J&K’s special status in 2019, the delimitation of Lok Sabha and Assembly seats in the newly-created UT would be as per the provisions of the Indian Constitution.
    • On March 6, 2020, the government set up the Delimitation Commission, headed by retired Supreme Court judge Ranjana Prakash Desai, which was tasked with winding up delimitation in J&K in a year.
    • As per the J&K Reorganization Bill, the number of Assembly seats in J&K would increase from 107 to 114, which is expected to benefit the Jammu region.

    Factors considered during Delimitation

    • The number of districts had increased from 12 to 20 and tehsils from 52 to 207 since the last delimitation.
    • The population density ranged from 29 persons a square km in Kishtwar to 3,436 persons a square km in Srinagar.
    • The remoteness of the place, inaccessibility etc are also considered during the exercise.

    Concerns raised over Delimitation

    • Jammu vs. Kashmir: Concerns had been expressed over how the delimitation process may end up favoring the Jammu region over Kashmir in terms of the seats.
    • Under-representation of Ladakh: Arguments have been made on how Ladakh has been underrepresented, with demands for statehood/sixth schedule.
    • Non-proportionate reservations: It is argued that seats for STs should’ve been divided in both Jammu province & Kashmir province, as the ST population is almost equal.

  • Marital rape

    Context

    Justice M. Nagaprasanna of the Karnataka High Court on March 23, 2022, in the case of Hrishikesh Sahoo vs State of Karnataka, pronounced the end of the marital rape exception.

    Background of the case

    • This judgment was a result of a unique case where a woman had filed a criminal complaint of rape against her husband due to the repeated acts of sexual assault she had to face.
    • Marital rape exception to Section 375: The police registered her complaint under Section 376 notwithstanding the marital rape exception, a charge sheet was filed and the Sessions Judge took cognisance and framed charges under Section 376.
    • This led to the husband approaching the High Court seeking to quash the criminal proceedings.
    • In a nuanced and far-reaching judgment, Justice Nagaprasanna refused to quash the charge of rape against the husband.

    Violation of rights of woman

    • Violation of the right to equality: Justice Nagaprasanna held that if a man, being a husband is exempted for his acts of sexual assault, it would destroy women’s right to equality, which is the very soul of the Constitution.
    • Discrimination: He held that the Constitution recognises and grants equal status to women, but the exception to marital rape in the IPC amounts to discrimination because a wife is treated as subordinate to the husband.
    • The Constitution considers marriage as an association of equals and does not in any sense depict women to be subordinate to men and guarantees women the fundamental rights under Articles 14, 15, 19 and 21 the right to live with dignity, personal liberty, bodily integrity, sexual autonomy, right to reproductive choices, right to privacy, right to freedom of speech and expression.
    • n Independent Thought vs Union of India (2017), the Supreme Court of India diluted it and removed the exception to marital rape to a wife not below 15 years and made it 18 years.

    Historical roots of the principle of exception

    • The exception to marital rape in common law was due to the dictum by Chief Justice Matthew Hale of Britain in 1736 where he argued that by marriage, a woman gave up her body to the husband and was accepted as an enduring principle of common law, due to which a husband could not be guilty of raping his wife.
    • This was therefore translated into criminal codes, including the Indian Penal Code which India adopted.
    • This principle has now been completely abolished.
    • In the United Kingdom, in 1991, the exception to marital rape was done away with in the case of R. vs R. The House of Lords held that where the common law rule no longer represents what is the true position of a wife in present-day society.
    • The court held that a husband’s immunity as expounded by Chief Justice Matthew Hale no longer exists.

    Conclusion

    The Karnataka High Court, by holding that the exception to marital rape in Section 375 is regressive and in violation of the constitutional guarantee of equality, has now truly pronounced the death knell of the marital rape exception.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Explained: The ‘Chandigarh Question’

    The newly elected Punjab Legislative Assembly passed a resolution, moved by the Chief Minister himself, on April 1 in a special session seeking the transfer of Chandigarh to Punjab.

    With this, the ‘Chandigarh question’ has resurfaced, but this time it occupies the national spotlight.

    Establishment of Chandigarh

    • Chandigarh is described as a ‘planned city’ emblematic of ‘Nehruvian modernity’.
    • It is a greenfield city, which was commissioned by the government in independent India to replace Lahore, which went to Pakistan after Partition, as the capital of Punjab.
    • Designed by Le Corbusier in association with Pierre Jeanneret, it is located on the foothills of the Shivalik Himalayas on village land acquired from what was then the Kharar tehsil of Ambala district.
    • It was the capital of undivided Punjab from its inauguration in 1953 till 1966.

    Bifurcation of Punjab and Common Capital

    • Under the Punjab Reorganisation Act, 1966 following the Punjabi Suba movement, Haryana was carved out of the Hindi-speaking regions as a separate State.
    • The hill regions of Punjab were merged with what was then the Union Territory (UT) of Himachal Pradesh.
    • Chandigarh was made a UT and has remained the joint capital of Haryana and Punjab with State assets divided between Punjab and Haryana in a ratio of 60:40.

    What is the Chandigarh issue?

    • Since 1966, the lack of full rights to its capital has remained a vexed issue in Punjab politics.
    • All the governments and most political parties of Punjab have regularly raised the demand for Chandigarh.
    • It has featured in all major developments, whether it is the 1973 Anandpur Sahib resolution, Dharam Yudh Morcha (then separatist movement) and the 1985 Rajiv-Longowal Accord.
    • Since 1966, the Punjab Assembly has passed at least six such resolutions with the last being in 2014 under the Shiromani Akali Dal-Bharatiya Janata Party (SAD-BJP) government.
    • The Centres’ opposition to the latest Assembly resolution is the first time a political party has taken a contrarian stand.

    What is different this time?

    • The immediate provocation this time has been two recent decisions of the Central government: breaking allies with erstwhile govt and withdrawal of farm laws.
    • The Centre also amended the rules governing the functioning of the Bhakra Beas Management Board (BBMB), constituted under the 1966 Act.
    • It changed the eligibility criteria for the two full-time members of the Board which have, though technically open to all Indian officials, by convention gone to officials from Punjab and Haryana.
    • These moves are widely interpreted as a continuation of the Centre’s contentious relationship with the other political parties.
    • It gives an affront blow to Punjab’s claim over Chandigarh.

    What has been the position of the Union government on the city?

    • At the time of the 1966 Act, the Union government with Indira Gandhi as Prime Minister indicated that the UT status to Chandigarh was temporary and that it would be transferred to Punjab.
    • This decision was formalised in 1970 with Mrs Gandhi promising Haryana funds for building its own capital.
    • According to the 1985 Rajiv-Longowal Accord, Chandigarh was to be handed over to Punjab on January 26, 1986 but this never fructified after the assassination of Longowal and the long period of militancy.
    • The recent developments could thus indicate a shift in the Central government’s position.

    What about Haryana?

    • As in Punjab, all parties in Haryana present a common position asserting its claim to the city.
    • It has objected to any move which associates Chandigarh solely with Punjab.

    Is there a distinctive Chandigarh position?

    • Employees and unions of the Chandigarh administration have mostly welcomed the change in service rules since the Central provisions carry more benefits and perks.
    • After decades of existence as a UT, Chandigarh has developed a distinctive cultural character.
    • Given its geographical location it has the presence of many educational institutions, medical establishments and the Army and Air Force.
    • It has developed a unique cosmopolitanism and become a magnet for the youth across the north western region.
    • They city residents thus favour the status quo.

    Way forward

    • While this time the issue has attracted more attention than usual.
    • Its Punjab mandate indicates massive expectations from the electorate including better service conditions from government employees but it has inherited a debt-ridden government.
    • The new govt will have to balance these contending claims in deciding further action.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Tripura’s Darlong community in included in ST List

    The Lok Sabha recently passed a bill to amend a constitutional order to include Darlong, a tribal clan in Tripura which was among the generic Halam community till now, in the list of Scheduled Tribes (ST).

    Who are Darlongs?

    • Darlong is a tribal community of 11,000 people.
    • Despite its small population, the community has a high prevalence of education, cultural activities and members of the community are serving in different high positions in the local administration.
    • Darlongs, despite being Scheduled Tribes, were never given ST certificates.
    • Since they were considered a generic tribe under the Kuki community, they were handed their tribal certificates as members of ‘Kuki’ community.
    • The subsequent identity crisis among them, especially Darlong youths, who were equipped with modern education, culminated in the demand for a separate statutory identity of their own in 1995.
    • The group is a small tribal clan but has produced a high number of educated people proportionate to its population in the state.
    • People from the Darlong community, like many other tribal communities, are now serving in high positions in the state administration, academia, and public services.
    • Tribal musicologist and Rosem (tribal instrument) maestro Thanga Darlong was conferred the prestigious Padma Shri award a few years back for his contribution to culture.

    Why is tribal identity a big issue in Tripura?

    • Out of 37 lakh people of Tripura, nearly 30 per cent are tribals, who mostly live in areas under jurisdiction of the Tripura Tribal Areas Autonomous District Council (TTAADC).
    • They are spread in patches across all eight districts and covering 70 per cent of the state’s geographical area.
    • The state saw tribals become minority in their own state due to arrival of East Pakistani refugees who fled their country.
    • Tribal identity is a major issue in Tripura, which is also one of the major subjects dominating the state politics now.
    • There is rising demand of Greater Tipraland – a proposed separate state for Tiprasa or Tripuris (tribal and non-tribal) living in the state.

    Back2Basics: Tribes of Tripura

    • Tripura, the tiny Northeast state of 37 lakh people houses 19 tribal communities.
    • These include Tripuri or Debbarma, Reangs or Brus, Jamatia, Noatia, Uchoi, Chakma, Mog, Lushai, Kuki, Munda, Kour, Oram, Santhal, Bhil, Bhutia, Chaimar or Sermai, Garo, Khasi, Lepcha and Halam.
    • Many of these communities are further divided into sub-tribes.
    • For example, Kukis have nearly 17-18 sub-tribes within the community.
    • It is an umbrella tribal community including many smaller clans like Khasi, Lushai, Hmars and other generic clans.
    • In course of time, Lushai, Hmar, Garo etc. came out of Kuki as separate communities.
    • Halam community also has several sub-tribes such as Rangkhawl, Ranglong, Dab, Chaimar or Sermai, Bong, Korbong, Harbong, Bongcher etc.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Privacy concerns in the Criminal Procedure (Identification) Bill 2022

    Context

    The Union Minister of State for Home Affairs introduced the Criminal Procedure (Identification) Bill 2022.

    Purpose of the introduction of the Bill

    • The Bill aims to replace the Identification of Prisoners Act 1920 that has been in need of amendment for several decades.
    • The criticism and the need for amendment was predominantly in respect of the limited definition of ‘measurements’ as under that Act.
    • Back in the 1980s, the Law Commission of India (in its 87th Report) and the Supreme Court of India in a judgment titled State of U.P. vs Ram Babu Misra had nearly simultaneously suggested the need to amend the statute.

    What are the issues with the provisions in the Bill?

    1] Definition of ‘measurement’ includes analysis of the data

    • The definition of measurements is not restricted to taking measurements, but also their “analysis”.
    • The definition now states “iris and retina scan, physical, biological samples and their analysis, behavio[u]ral attributes including signatures….”
    • It goes beyond the scope of a law that is only designed for taking measurements and could result in indirectly conferring legislative backing for techniques that may involve the collection of data from other sources(For instance, using facial recognition).
    • At present there are extensive facial recognition technology programmes for “smart policing” that are deployed all across the country.
    • Such experimental technologies cause mass surveillance and are prone to bias, impacting the fundamental rights of the most vulnerable in India.

    2] Power of the police and prison officials widened

    • The existing law permits data capture by police and prison officers either from persons convicted or persons arrested for commission of offences punishable with a minimum of one year’s imprisonment.
    • Parallel powers are granted to judges, who can order any person to give measurements where it is in aid of investigation.
    • While the judicial power is left undisturbed, it is the powers of the police and prison officials that are being widened.
    • The law removes the existing — albeit minimal — limitation on persons whose measurements could be taken.
    • It is poised to be expanded to all persons who are placed under arrest in a case.
    • Here, the proposed Bill also contains muddied language stating that a person, “may not be obliged to allow taking of his biological samples”.

    3] Storage and retention of data for a long period

    • The National Crime Records Bureau (NCRB) shall for a period of 75 years from the date of collection maintain a digital record, “in the interest of prevention, detection, investigation and prosecution of any offense”.
    • The provision permits the NCRB to, “share and disseminate such records with any law enforcement agency, in such manner as may be prescribed”.
    • The NCRB already operates a centralised database, namely the Crime and Criminal Tracking Network & Systems (CCTNS), without any clear legislative framework.
    • The existence of such legislative power with a technical framework may permit multiple mirror copies and parallel databases of the “measurements” being stored with law enforcement, beyond a State Police department which will be prosecuting the crime and the NCRB which will store all records centrally.
    • For instance, in response to a Standing Committee of Parliament on police modernisation, Rajasthan has stated that it maintains a ‘RajCop Application’ that integrates with “analytics capabilities in real-time with multiple data sources (inter-department and intra-department)”.
    • Similarly, Punjab has said that the “PAIS (Punjab Artificial Intelligence System) App uses machine learning, deep learning, visual search, and face recognition for the identification of criminals to assist police personnel.
    • Hence, multiple copies of “measurements” will be used by State government policing departments for various purposes and with experimental technologies.
    • This also takes away the benefit of deletion which occurs on acquittal and will suffer from weak enforcement due to the absence of a data protection law.
    •  The end result is a sprawling database in which innocent persons are treated as persons of interest for most of their natural lives.

    Conclusion

    To protect individual autonomy and fulfil our constitutional promises, the Supreme Court of India pronounced the Justice K.S. Puttaswamy judgment, reaffirming its status as a fundamental right. The responsibility to protect it falls to each organ of the government, including the legislature and the union executive.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • FASTER digital platform for Judiciary

    ‘FASTER’, an abbreviation of ‘Fast and Secured Transmission of Electronic Records’, a digital platform was formally launched by Chief Justice of India (CJI) N.V. Ramana.

    What is FASTER?

    • The FASTER system proposes transmission of e-authenticated copies of the interim orders, stay orders, bail orders and record of proceedings to the duty-holders for compliance and due execution, through a secured electronic communication channel.
    • These orders may vary from stay of execution of a person to freeze on the demolition of a slum to bail orders for undertrial prisoners.
    • The idea stemmed from a case reported about several prisoners in the Agra Jail forced to remain behind bars for three days after the hard copies of the order had not reached the prison officials.

    Benefits offered

    • FASTER would aid the cause of quick and effortless justice.
    • The timely delivery of the court’s orders to the authorities would also prevent unnecessary arrests and custody of people who have already been granted anticipatory bail.
    • For smooth transmission of court’s orders and effective implementation of Article 21, Right to Life, such a system was the need of the hour.

     

    Also read:

    [RSTV Archive] Judiciary & Artificial Intelligence

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)