Governance

Don’t create atmosphere of fear, Supreme Court cautions ED

Context: The Supreme Court on Tuesday cautioned the Enforcement Directorate (ED) against creating an “atmosphere of fear”, after the Chhattisgarh government alleged that the Central agency was “running amok” in the State to “implicate” Chief Minister Bhupesh Baghel in a money laundering case linked to a ₹2,000crore liquor scam.

The Directorate of Enforcement

  • The Directorate of Enforcement is a multi-disciplinary organization mandated with investigation of offence of money laundering and violations of foreign exchange laws. the Directorate is under the administrative control of Department of Revenue, Ministry of Finance, Government of India.

Evolution of directorate 

  • The origin of this Directorate goes back to 1st May, 1956, when an ‘Enforcement Unit’ was formed in the Department of Economic Affairs for handling Exchange Control Laws violations under Foreign Exchange Regulation Act, 1947 (FERA ’47). There were 02 branches – at Bombay and Calcutta.
  • In the year 1957, this Unit was renamed as ‘Enforcement Directorate’, and another branch was opened at Madras. In 1960, the administrative control of the Directorate was transferred from the Department of Economic Affairs to the Department of Revenue. 
  • With the passage of time, FERA’ 47 was repealed and replaced by FERA, 1973. Presently, the Directorate is under the administrative control of Department of Revenue, Ministry of Finance, Government of India.
  • With the onset of the process of economic liberalization, FERA, 1973, which was a regulatory law, was repealed and in its place, a new law viz. the Foreign Exchange Management Act, 1999 (FEMA) came into operation w.e.f. 1st June 2000. Further, in tune with the International Anti Money Laundering regime, the Prevention of Money Laundering Act, 2002 (PMLA) was enacted and ED was entrusted with its enforcement w.e.f. 1st July 2005. 
  • Recently, with the increase in number of cases relating to economic offenders taking shelter in foreign countries, the Government has passed the Fugitive Economic Offenders Act, 2018 (FEOA) and ED is entrusted with its enforcement with effect from 21st April, 2018.

Statutory Functions

The statutory functions of the Directorate include enforcement of following Acts:

1. The Prevention of Money Laundering Act, 2002 (PMLA): It is a criminal law enacted to prevent money laundering and to provide for confiscation of property derived from, or involved in, money-laundering and for matters connected therewith or incidental thereto. ED has been given the responsibility to enforce the provisions of the PMLA by conducting investigation to trace the assets derived from proceeds of crime, to provisionally attach the property and to ensure prosecution of the offenders and confiscation of the property by the Special court.

2. The Foreign Exchange Management Act, 1999 (FEMA): It is a civil law enacted to consolidate and amend the laws relating to facilitate external trade and payments and to promote the orderly development and maintenance of foreign exchange market in India. ED has been given the responsibility to conduct investigation into suspected contraventions of foreign exchange laws and regulations, to adjudicate and impose penalties on those adjudged to have contravened the law.

3. The Fugitive Economic Offenders Act, 2018 (FEOA): This law was enacted to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts. It is a law whereby Directorate is mandated to attach the properties of the fugitive economic offenders who have escaped from the India warranting arrest and provide for the confiscation of their properties to the Central Government.

4. The Foreign Exchange Regulation Act, 1973 (FERA): The main functions under the repealed FERA are to adjudicate the Show Cause Notices issued under the said Act upto 31.5.2002 for the alleged contraventions of the Act which may result in imposition of penalties and to pursue prosecutions launched under FERA in the concerned courts.

5. Sponsoring agency under COFEPOSA: Under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), this Directorate is empowered to sponsor cases of preventive detention with regard to contraventions of FEMA.

Structure of Directorate of Enforcement

  • It is headed by Director of Enforcement and it is headquartered in New Delhi.
  • It has five regional offices headed by Special Directors and are located in Mumbai , Chennai , Kolkata, Chandigarh and New Delhi.
  • Further it has 10 zonal and 11 sub zonal offices headed by Deputy Directors and Assistant Directors respectively.
►EXTENDING TENURE OF ED CHIEF
Central Vigilance Commission (Amendment) Act, 2021 has extended the tenure of Director of Enforcement Directorate one year at a time, maximum up to five years. 
The Amendment provides that in public interest, the tenure of Director of ED can be extended up to 1 year at a time on the recommendation of the Committee in writing. The bill extends the tenure up to a maximum period of 5 years in total including the period mentioned in the initial appointment. This means that the Director apart from his fixed tenure of two- years, can get three extensions of 1 year each by the central government. 

Jurisdiction 

  • Both FEMA or PMLA applies to the whole India including Jammu and Kashmir. So, the Enforcement Directorate can take action against any person on which this act applies. 
  • The agency has jurisdiction over a person or any other legal entity who commits a crime whether he is a politician or a businessman. All the public servants come under the jurisdiction of the agency if they are involved in any offence related to the money laundering.

Reporting Matter to ED 

  • A person cannot directly approach Enforcement Directorate. If someone wants to report a matter related to the violation of FEMA or PMLA act, he has to register a complaint with any other agency or Police than ED.
  • ED cannot take an action suo motu. One has to complaint to any other agency or Police first and then ED will investigate the matter and will identify the accused.

Functioning of ED under The Prevention of Money Laundering Act, 2002 ( PMLA )

  • The PMLA was brought in 2002, but was enacted only in 2005. The objective was to prevent parking of the money outside India and to trace out the layering and the trail of money. 
  • So as per the Act, the ED got its power to investigate under Sections 48 (authorities under act) and 49 (appointment and powers of authorities and other officers). 
  • If money has been laundered abroad, the PMLA court (constituted as per the Act) has the right to send a letter of rogatory under Section 105 (reciprocal arrangements regarding processes) of the Code of Criminal Procedure. The said government can then share the documents and evidence needed by the agency. 
  • Whenever any offence is registered by a local police station, which has generated proceeds of crime over and above ₹1 crore, the investigating police officer forwards the details to the ED. 
  • Alternately, if the offence comes under the knowledge of the Central agency, they can then call for the First Information Report (FIR) or the chargesheet if it that has been filed directly by police officials. This will be done to find out if any laundering has taken place. 
  • The ED carries out search (property) and seizure (money/documents) after it has decided that the money has been laundered, under Section 16 (power of survey) and Section 17 (search and seizure) of the PMLA. 
  • On the basis of that, the authorities will decide if arrest is needed as per Section 19 (power of arrest). Under Section 50 (powers of authorities regarding summons, production of documents and to give evidence etc), the ED can also directly carry out search and seizure without calling the person for questioning. It is not necessary to summon the person first and then start with the search and seizure. 
  • If the person is arrested, the ED gets 60 days to file the prosecution complaint (chargesheet) as the punishment under PMLA doesn’t go beyond seven years. If no one is arrested and only the property is attached, then the prosecution complaint along with attachment order is to be submitted before the adjudicating authority within 60 days.

NHRC takes note of health workers’ woes

Context: The National Human Rights Commission (NHRC) has taken suo motu cognisance of a media report that cited a 250-300% increase in the circulation of child sexual abuse material (CSAM) on social media in India. The NHRC said the content is of foreign origin, and Indian investigation agencies have not come across any Indian-made child sexual abuse material so far.

Why are we covering it?

  • Because UPSC main syllabus has this line 
image 290

Since NHRC is an important statutory body, we should cover it. 

Also, it is always in news because of its functioning. More often than not we see it as an enervated organization unable to serve the primary objective: Protection of human Rights.

This can be substantiated by following instances: 

  • In June 2016, the current chair of the NHRC and former chief justice of India, HL Dattu, described this institution over which he presided as “a toothless tiger.
  • In 2017, the Supreme Court of India seemed to support Justice Dattu’s remarks while dealing with the alleged extra-judicial killings of 1,528 persons in Manipur by police and armed forces.

So it behoves us to prepare the Issues and challenges plaguing NHRC (Mains perspective). As far as prelims perspectives is concerned, that is straight forward and you can find it in Prelims Pointer and/or PDF. 

What is NHRC?

  • The National Human Rights Commission (NHRC) of India was established on 12 October, 1993. The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights (Amendment) Act, 2006.
  • It is in conformity with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in October 1991, and endorsed by the General Assembly of the United Nations by its Regulations 48/134 of 20 December, 1993.
  • The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.
  • Section 2(1)(d) of the PHRA defines Human Rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

Composition Of The Commission

  • The Commission consists of a Chairperson, five full-time Members and seven deemed Members. The statute lays down qualifications for the appointment of the Chairperson and Members of the Commission.
  • There are four other members. These are:
    • There should be one Member who is, or has been, a Judge of the Supreme Court.
    • There should be one Member who is, or has been, the Chief Justice of the High Court. 
    • Two other members should be there who have the knowledge or practical experience in matters related to human rights.   
  • The ex officio members of the Commission can be:
    • The Chairpersons of the National Commission for Minorities, 
    • The Chairpersons of the National Commission for  Women, 
    • The Chairperson of the National Commission for Scheduled Castes, and 
    • The Chairperson of the National Commission for Scheduled Tribe. 
  • Appointment of the members 
    • On the recommendation of a committee, the President of India appoints the chairperson and the members of the National Human Rights Commission. The committee consists of the following members:
      • Prime Minister of India [CHAIRPERSON] 
      • Home Minister of India 
      • Speaker of Lok Sabha Leader of Opposition [Lok Sabha] 
      • Leader of Opposition [Rajya Sabha]
      • Deputy Chairperson of Rajya Sabha 

The Commission shall, perform all or any of the following functions, namely:-

  • Inquire, on its own initiative or on a petition presented to it by a victim or any person on his behalf, into complaint of-
    • violation of human rights or abetment oR
    • negligence in the prevention of such violation, by a public servant;
  • intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;
  • visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living condition of the inmates and make recommendations thereon;
  • review the safeguards by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation;
  • review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures;
  • study treaties and other international instruments on human rights and make recommendations for their effective implementation;

Issues and challenges of NHRC 

  • Autonomy of the NHRC 
    • The Commission is supposed to be completely independent in its functioning, even though the  Protection of Human Rights Act, (PHRA), 1993 does not say so. 
    • In fact, there are provisions in the Act which underscore the dependence of the Commission on the government.
      • For example:
        • Section 11 of the Act makes it dependent on the government for its manpower requirements. 
        • Section 32 of the Act makees it financially dependent  on the central government:
          • Central govt. shall pay to the Commission by way of grants such sums of money as it may consider fit. 
      • Thus, in respect of the two most important requirements i.e. human resources and money, the Commission is not independent. 
    • Even the limited finds are not being used for human rights related functions
      • Large chunks of the budget of commissions go in office expenses, leaving disproportionately small amounts for other crucial areas such as research and rights awareness programmes.
  • Lacks enforcing powers
    • NHRC does not have the backing of the Protection of Human Rights Act to penalise authorities which do not implement its orders hence maming it impossible for NHRC’s recommendations do not reach to the ground level as the 
    • The Act does not categorically empower the NHRC to act when human rights violations through private parties take place.
  • Lacks specialized persons who have dealt in Human rights issues 
    • The Act requires that three of the five members of a human rights commission must be former judges but does not specify whether these judges should have a proven record of human rights activism or expertise or qualifications in the area.
    • Regarding the other two members, the Act is vague, saying simply: “persons having knowledge and experience of human rights.
    • Bureaucratic style of functioning of govt staff :
      • On top of that, as human rights commissions primarily draw their staff from government departments – either on deputation or reemployment after retirement – the internal atmosphere is usually just like any other government office. 
      • Strict hierarchies are maintained, which often makes it difficult for complainants to obtain documents or information about the status of their case.
    • As non-judicial member positions are increasingly being filled by ex-bureaucrats, credence is given to the contention that the NHRC is more an extension of the government, rather than an independent agency exercising oversight.
  • Delay in disposal of cases
    • Expectations from the commission was to keep a tight grip on its disposal, so that pendency was not allowed to increase.
      • Unfortunately, this did not happen and the number of cases pending with the Commission has been increasing sharply every year. 
  • Under staffed:
    • Either the Commission needs to get its staff strength increased or change methods of disposal so that the backlog of accumulated undisposed cases does not become heavy. 
  • Low level of awareness about the Human rights in populace 
    • Among general populace 
      • An awareness of rights is not institutionalized in our curriculum. 
      • It is limited both in geography and knowledge as far as the public is concerned. 
    • Among Lawenforcers (Primary violators)
      • Eighty per cent of the training of a policeman in India is devoted to regimentation and a very little time was left to develop forensic skills or human rights awareness.
    • Knowledge of the laws and one’s interpretation are limited to small groups of people who are educated and legally literate. 
  • Delay in publication of reports: 
    • Delay in publication of annual reports by two or three years has been a constant problem. Annual reports for calendar years should be put online as soon as possible and no later than March of the succeeding year. 
    • The hard copy of the report should also be published at the same time.
  • Constrained against armed forces 
    • Since a very large number of complaints of human rights violations are directed against the members of the “armed forces”, the Act obviously weakens the NHRC’s effectiveness in providing redress to the public in such cases. 
    • All that the Commission, under Section 19 of the Act can do is to call for reports from the central government in such cases and then make recommendations to the government or not “proceed with the complaint” at all. Under the Act, the Commission has no power to enforce its decisions. The Act must be amended to make the Commission a strong, and vibrant institution, supporting democracy and good governance.
    • Preventing the NHRC from independently investigating complaints against the military and security forces not only compounds the problems but also furthers impunity. 

So, NHRC has to develop a strong image as a protector of the poor, marginalised and vulnerable groups. But that will not be possible without substantial changes in the legal framework itself. 

"Supreme Court Collegium Recommends Prashant Kumar Mishra and KV Viswanathan as Supreme Court Judges"

Context: The Supreme Court Collegium headed by Chief Justice of India D Y Chandrachud on Tuesday recommended the appointment of Andhra Pradesh High Court Chief Justice Prashant Kumar Mishra and senior advocate K V Viswanathan as Judges of the Supreme Court.

If appointed, Viswanathan would be in line to serve as Chief Justice of India from August 12, 2030, till May 25, 2031. He would be the fourth CJI from the Bar — after former CJIs S M Sikri in 1971 and U U Lalit last year, and Justice P S Narasimha, who is in line for the top post in 2028

Appointment of Judges: Article 124

  • The judges of the Supreme Court are appointed by the president.
  • The chief justice is appointed by the president after consultation with such judges of the Supreme Court and high courts as he deems necessary. 
  • The other judges are appointed by president after consultation with the chief justice and such other judges of the Supreme Court and the high courts as he deems necessary.
  • The consultation with the chief justice is obligatory in the case of appointment of a judge other than Chief justice.

Qualifications of Judges

A person to be appointed as a judge of the Supreme Court should have the following qualifications:

1. He should be a citizen of India.

2. (a) He should have been a judge of a High Court (or high courts in succession) for five years; or (b) He should have been an advocate of a High Court (or High Courts in succession) for ten years; or (c) He should be a distinguished jurist in the opinion of the president.

From the above, it is clear that the Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court.

What is collegium?

  • The Collegium System is one where the CJI and a forum of four senior-most judges of the Supreme Court recommend appointment and transfer of judges of higher judiciary.
  •  The collegium system evolved through three different judgments which are collectively known as the Three Judges Cases.
  • Now, recommendations of collegium have been made public on the website of Supreme Court including the reasons for appointment or transfer.

FIRST JUDGES CASE - S.P GUPTA VS. UNION OF INDIA (1982) – (IN FAVOUR OF EXECUTIVE)

  • SC held - opinions of Chief Justice of India (CJI) and Chief Justice of respective High Courts were merely “consultative” and the power of appointment resides solely and exclusively with the Central Government.
  • Central government “could” override the opinions given by the Judges. Thus, the opinion of Chief Justice of India in matters of appointment was not given primacy in matters of judicial appointments under Article 217(1).

SECOND JUDGES CASE - S.C. ADVOCATES ON RECORD ASSOCIATION V. UNION OF INDIA (1993) – (PRIMACY OF JUDICIARY) – THE MATTER WAS DECIDED BY NINE JUDGE CONSTITUTION BENCH

  • The Court considered the question of “Primacy of opinion of CJI in regard to appointment of Supreme Court Judges”. 
  • Referring to ‘Consultative Process’ as envisaged in Article 124(2), SC emphasized that Government does NOT enjoy primacy or absolute discretion in matters of appointment of Supreme Court judges.
  • Court said that provision for consultation with Chief Justice was introduced as CJI is best equipped to know and assess the worth and suitability of a candidate and it was also necessary to eliminate political influence.
  • Selection should be made because of ‘Participatory Consultative Process’ where Executive has the power to act as a mere check on the exercise of power by CJI to achieve constitutional purpose.
  • SC held that initiation of the proposal for appointment of a Supreme Court Judge must be by the Chief Justice.

THIRD JUDGES CASE - (1999) - RE: PRESIDENTIAL REFERENCE (EMERGENCE OF COLLEGIUM SYSTEM)

  • Supreme Court on a reference made by the President under Article 143 has laid down the following proposition with respect to appointment of Supreme Court judges:
  • While making recommendation, CJI shall consult four senior most Judges of Supreme Court. This led to the emergence of present Collegium System.
  • the opinion of all members of collegium regarding their recommendation shall be in writing.
  • the views of the senior-most Supreme Court Judge who hails from the High Court from where the person recommended comes must be obtained in writing for Collegium’s consideration.
  • If majority of the Collegium is against the appointment of a particular person, that person shall not be appointed.
  • Even if two of the judges have reservation against appointment of a particular Judge, CJI would not press for such appointment.
  • A High Court Judge of outstanding merit can be appointed as Supreme Court Judge regardless of his standing in the seniority list.

National Judicial Appointment Commission Act, 2014 declared as Unconstitutional

  • Violation of Basic Structure - Five Judge Bench of Supreme Court [4:1] declared the Constitution 99th Amendment Act and the National Judicial Appointment Commission Act, 2014 as unconstitutional as it violated the Basic Structure of the Indian Constitution.
  • Inclusion of Members of Executive - Constitution 99th Amendment introduced Article 124A which provided for the constitution and composition of the National Judicial Appointments Commission (NJAC) which apart from members of Judiciary also included Union Minister of Law & Justice and two Eminent Persons to be appointed by the Central Government.
  • Violation of Independence of Judiciary - SC held that Article 124A was insufficient to preserve the primacy of the judiciary, in the matter of selection and appointment of Judges to the higher judiciary as inclusion of members of executed violated independence of judiciary and the aspect of separation of powers. Accordingly, Article 124A (a) to

Data Governance Quality Index (DGQI) 2022-23

Context: Ministry of Ports, Shipping & Waterways has secured 2nd position among 66 ministries in the Data Governance Quality Index.

Data Governance Quality Index 2023

Data Governance Quality Index (DGQI) survey aims to measure the maturity level of administrative data systems and their use in decision-making of various Ministries & Departments on the implementation of Central Sector Schemes and Centrally Sponsored Schemes. 

Also identifies reforms to reach the frontier of seamless data exchange and its synergistic use within the ministry, while defining clear pathways to achieve these goals. 

This index is published by Development Monitoring & Evaluation Office (DMEO) under Niti Aayog. 

Methodology of Data Governance Quality Index

  • Data Generation: Measures ability of respective ministries/departments to efficiently generate data for program implementation.
  • Data Quality: Covers processes of scientifically and statistically evaluating data to determine whether they meet quality benchmarks. 
  • Use of Technology: Assesses if emerging technologies are being utilised to improve data robustness.
  • Data Analysis, Use & Dissemination: Covers if collected data is being analysed and used for evidence creation and decision making. 
  • Data Security & Human Resource Capacity: Assesses if antivirus updates and internal audit systems are in place to ensure data is not corrupted or prone to areas. 
  • Case Studies: Focuses on any intervention at Ministry/Department level or any innovative approach can be highlighted as case studies. 

Significance of Data driven governance

  • Enables policymakers to identify trends, opportunities and areas for improvement accurately.
  • Enables policymakers to make informed decisions that lead to better outcomes for citizens.
  • Data driven decision making leads to economies and cost-effective solutions.
  • Enhances transparency and makes it easier to track the progress of schemes and policies.

Central Bureau of Investigation (CBI)

Context: Parveen Sood, a 1986 batch officer, has been appointed director of CBI for a period of two years.

About CBI: 

  • It was setup in 1963 by resolution of the Ministry of Home Affairs.
  • The establishment of the CBI was recommended by Santhanam Committee.
  • It is a non-constitutional and non-statutory body.
  • It derives its powers from the Delhi Police Establishment Act, 1946.
  • It is the main investigating agency of the Central Government.
  • It acts as the “National Central Bureau” of Interpol in India.

Director of CBI:

  • The CBI is headed by a Director.
  • The director of CBI has been provided security of two-year tenure in office by CVC Act, 2003.
  • Lokpal and Lokayuktas Act 2013 amended the Delhi Special Police Establishment Act 1946 and made following changes: The Central Government shall appoint the Director of CBI on the recommendations of a three-member committee consisting of Prime Minister, Leader of Opposition and the Chief Justice of India or Judge of Supreme Court nominated by him.

Functions of CBI:

  • Investigating cases of corruption, bribery and misconduct of Central government employees.
  • Investigating cases relating to infringement of fiscal and economic laws.
  • Investigating serious crimes, having national and international ramifications, committed by organized gangs of professional criminals.
  • Coordinating the activities of anticorruption agencies and various state police forces.
  • It takes up investigation of conventional crimes like murder, kidnapping, rape etc. on the reference from the state governments or when directed by the Supreme Court/High Courts.

The Central Bureau of Investigation (CBI) is India's premier investigative agency, responsible for conducting probes into a wide range of crimes and offences. However, the agency has faced several issues and controversies in recent years. 

  • Limited jurisdiction: Its jurisdiction is limited to certain types of cases, such as those related to corruption or economic offences. This has led to questions about the agency's ability to investigate other types of crimes, such as terrorism or organized crime.
  • Withdrawal of Consent: The work of the agency has been further constrained by the increasingly hostile relations between the Centre and the state governments. As many as nine states have withdrawn general consent to the CBI. Most of these are Opposition-ruled states, which have alleged that the CBI is being used by the Centre to target the Opposition.
  • Political interference: CBI is often accused of being used as a tool by the ruling government to target political opponents and shield their own leaders from corruption charges. E.g., CBI's investigation into the alleged corruption in the Rafale deal was seen as politically motivated by the opposition parties. 
  • Lack of autonomy: CBI is supposed to be an independent investigating agency, but it often faces interference from the government and its officials. In 2018, the CBI director Alok Verma was removed from his post and sent on leave by the government, which led to a controversy over the agency's autonomy. 
  • Delay in investigations: It is known for its slow pace of investigations, which often leads to delays in justice and allows the accused to go scot-free. For example, the investigation into the 2G spectrum scam took several years to complete, which led to criticism from the public and the media. 
  • Lack of transparency: It is often criticized for its lack of transparency in its functioning and investigations. The agency's refusal to disclose information under the Right to Information Act has been challenged in courts by activists and journalists. E.g., In the 2017 Ryan International School murder case, the CBI was criticized for not disclosing key information about the investigation.
  • Corruption within the agency: CBI itself has been rocked by corruption scandals in the past, which have raised questions about its credibility and impartiality. In 2018, the CBI arrested its own DSP Devender Kumar for allegedly falsifying records in a case against the meat exporter Moin Qureshi. 
  • Inefficient use of resources: Its resources are often stretched thin due to its heavy workload, which leads to inefficiencies in its functioning. The agency has a backlog of several thousand cases, which has led to the demand for more resources and manpower. 
  • Lack of expertise: Its investigators are often accused of lacking the necessary expertise and skills to handle complex cases. For instance, the agency's investigation into the murder of journalist Gauri Lankesh was criticized for being shoddy and inadequate.
  • Internal Conflicts: The issue between former Director Alok Verma and his deputy Rakesh Asthana, who accused each other of corruption and interference in ongoing investigations, led to two factions within the CBI. The conflict affected the CBI's credibility and raised concerns about independence.

Way Forward: 

  • Greater Autonomy: The 2nd ARC have recommended enactment of a comprehensive central legislation to remove the deficiencies of not having a central investigative agency having its own laws and charter of duties and functions. 
  • Increase Jurisdiction: 24th Parliamentary Standing Committee even suggested CBI to take Suo moto cognizance of crimes and to give CBI pan Indian jurisdiction including jurisdiction to investigate corruption charges against officers of All India Service.
  • Enhanced Accountability: To ensure greater accountability, the CBI should be made answerable to a parliamentary committee rather than the executive. This would help to prevent interference in the agency's functioning and improve transparency. 
  • Strengthening Coordination: The CBI should strengthen coordination with state police forces and other law enforcement agencies to enhance its investigative capabilities. This would help to avoid duplication of effort and ensure that cases are investigated thoroughly and efficiently.

Do CCTV cameras protect us or invade our privacy?

Context: India’s CCTV camera coverage has grown rapidly over the years. Today, Delhi and Chennai have more cameras per square mile than cities in China. States argue that CCTV cameras reduce crime, and the public finds the presence of these cameras reassuring. However, surveillance is a big concern. Recently, in Telangana, the wrong man was apprehended when authorities purportedly recognised him from security camera footage as a potential culprit in a chain-snatching event. He died days after being released.

Arguments in Favour of the installation of CCTV cameras

  • Cameras can help the police identify suspects
  • It can help in gathering evidences and clues of crime
  • They may help in bringing convenience for everyday life.
  • Cameras can help in reducing crime against women

Arguments against CCTV cameras

  • There are multiple studies in the U.K. that show that there is no connection between CCTV cameras and the reduction of crime.
  • Many times, cameras don’t even function, a CAG audit of 2018-19 stated that only 55-68% of cameras were working in Delhi
  • The majority of crimes against women take place at home. CCTV cameras are not helpful in those situations.
  • It is impossible to install CCTV in all places.
  • Over-reliance on these systems, which leads to false negatives (the police have not been able to identify the criminal and he goes free) and false positives (an innocent person is identified as the suspect).
  • Police may use the footage for otherwise
  • There is no oversight of the actions of the police, for instance, the New York and London police departments have oversight committees.
  •  According to the Criminal Procedure (Identification) Act, fingerprints, handprints or any evidence can be kept for 75 years. Why 75 years? There is no explanation. So, even after someone dies, evidence such as your fingerprints could be on record.
  • There are barriers to how freely people can protest and one of them is police intimidation. For example, if the police record me while I am protesting, this can affect not just me, but have a chilling effect on others. They may be scared to be identified by the police. The right to protest, to freedom of speech and to privacy all get violated.
  • There is no law that regulates how the data is collected, processed, stored, when it should be deleted, or with whom it can be shared.
  • There is no specific law with regard to facial recognition, or a standard operating procedure on how the police should use CCTVs or facial recognition technology
  • It is easy to tamper with video footage these days.

Way forward

  • Only the data to be used for a lawful purpose should be collected and stored. It is stored only for the time until which the purpose is carried out. After that, it should be deleted.
  • There should be comprehensive laws regulating the use of data recorded in CCTV cameras.
  • There should be a compulsory provision of an oversight committee to look into the actions of police.

Union Health Minister Dr Mansukh Mandaviya reviews Organ Donation Policy; directs for imbibing learnings from International Standards

Context: Hon’ble Prime Minister Shri Narendra Modi called upon the countrymen to come forward for the noble cause of organ donation for saving the lives of fellow human beings in the 99th episode of the “Man Ki Baat” Programme. This has given a fresh impetus to organ donation in the country.  The number of total organ transplants in the country has substantially increased from less than 5000 in the year 2013 to more than 15000 in the year 2022.

Transplantation of Human Organs and Tissues (THOT) Rules, 2014.

  • The Transplantation of Human Organs Act (THOA) was enacted by the Government of India in 1994.
  • This act was amended in 2011 and the same was notified as Transplantation of Human Organs and Tissues (THOT) Rules 2014. 
  • It provides guidelines regarding the removal, storage and transplantation of human organs for therapeutic purposes and prevents the commercial dealings of human organs.
  •  According to THOT, the concept of transplantation is the grafting of human organs from a living or dead person to a living person for a therapeutic process.
  •  Further, the deceased person is a person who does not have any symptoms of life such cases that is of brain stem death or cardio-pulmonary sense after live birth.
  •  Brain-stem death is a stage at which all the functions of the brain-stem have permanently and irreversibly ceased.

Authority for removal of human organs or tissues

  •  As per the current medical practice of the land, a living person can be an organ donor and can permit the removal of any is/her organs or tissue during his or her lifetime for therapeutic purposes by the provisions of Section 3 of the THOT Act 2014.
  • The organ also can be removed from the human body after the declaration of brain stem death subject to the consent and authorization of the near and dear ones and permission of competent authority as per the THOT Act 2014.
  • The brain stem death of a person is declared by a panel of experts.
    The panel of experts shall be framed by provisions in the said act and they should be fully operational at all levels of the need.
  • The authorization authority for organ removal and transplantation is available at three tier stages, State level, District Level and Institutional Level.
  • The Institution refers to the authorized hospitals or health care centres for organ removal, storage and transplantation.

Procedure for Organ Donation & Transplant. 

According to NOTTO (National Organ and Tissue Transplant Organisation) about THOT Rules 2014.

Living donors

  • It refers to any living person who is ready to donate his/her organ.
  • It can be related donors (parents, siblings etc.), spousal donors, or other related donors.
  • There should be valid documentary evidence of the relationship in the case of related donors by provisions of 8the THOT Act.

Spousal donor

Here the proposed transplant is between a married couple, documents such as marriage certificate and marriage photograph are kept for records along with the information on the number and age of children and a family photograph depicting the entire family and birth certificate of children containing the particulars of parents.

Swap donation

  • Swap donation is the transplantation of organs within the family between persons who are related but whose blood group is incompatible.
  •  Swap transplant should be carried out simultaneously, so there is no donor reneging.
  • Donor reneging means that one of the donors backs out from the donation. 
  • Furthermore, the donor and recipient pair in a family should be near related.

Other than near-related donors

  • It is a controversial category of organ donation as the possibility of illegal, forceful and monetary-based transplantations are involved in it.
  • If the donor–recipient pair is non-related then permission is granted by the authorization committee.

The THOT Act 2014 has made several provisions to avoid organ trade.

1.      Donor or recipient from another state: When the living donor is unrelated and if the donor or recipient belongs to a state, other than the state where the transplantation is to be undertaken, verification of residential status by Tehsildar, or any other authorized officer for the purpose with a copy marked to the appropriate authority of the state of domicile of donor or recipient is 8required.

2.      Foreign donors: In the case of foreign donors donating to their relatives in India, transplantation is permitted only in near-related donors. Indian living donors wanting to donate to a foreigner other than a near relative shall not be considered. In the case of foreigners coming for transplantation in India, the transplant is permitted in India with permission from a senior embassy official of the country of origin who certifies the relationship 8between the donor and the recipient.

3.      A deceased (cadaver) donor/transplant is another source of organs:  The deceased donation can be either after brain stem death or after cardiac death. People can pledge their organs during their lifetime if they want their organs to be used after death. After certification of the brain stem death of the person, it’s now mandatory for the medical practitioner to ask him near relative or person for lawful possession of the body of a person admitted to the Intensive Care Unit (ICU) regarding the plan of organ donation. Even if the donor has pledged his organs before death, the consent of a near relative or person in lawful possession of the body is also required. In case of Medico-Legal Case is involved in the organ donor then the Medical Practitioner after obtaining necessary permissions and consent may intimate the proceeding to a nearby Station   Officer or Superintendent of Police in the limit for the retrieval of organs or tissue from the donor and a copy of such a request should also be sent to the designated post mortem doctor of area simultaneously. Commercialization of Organ Transplantation.

Bilkis Bano case convicts playing for time: SC judge

Context: Justice K.M. Joseph, on a Division Bench of the Supreme Court on Tuesday, said that it was “more than obvious” that the men released early from life imprisonment in the case of gang rape of Bilkis Bano and murder of her family members during the 2002 Gujarat riots were raising a maze of procedural objections in successive court hearings to avoid his Bench.

Time line of Bilkis Bano case

  • During the Gujarat riots of 2002, Bilkis Bano (then five months pregnant) along with her three-and-a-half-year-old daughter and 15 other family members were abruptly attacked by about 20-30 people armed with sickles, swords, and sticks. 
  • Among the attackers were the 11 accused men. Bilkis, her mother, and three other women were raped and brutally assaulted. Of the 17-member of the group eight were found dead, six were missing. Only Bilkis (who reportedly was five months pregnant at that time), a man, and a three-year-old survived the attack.
  • The case was looked upon by the National Human Rights Commission (NHRC) and the Supreme Court, which ordered an investigation by the Central Bureau of Investigation. 
  • Bilkis Bano was not able to receive her well-deserved justice instead, she got threat notices and so, the case was moved to Mumbai from Gujarat.
  • A special CBI court in Mumbai sentenced the accused to life imprisonment on the charges of gang rape and murder in January 2008. 
  • The Bombay high court maintained the conviction of the accused in 2017, and in 2019
  • The SC ordered the Gujarat state government to compensate the victim with Rs 50 lakh, a job, and a house.
  • Almost after ten years, the Mumbai High Court, in May 2017, upheld the conviction and life imprisonment of 11 people in the gang rape case.
  • In 2019, the Supreme Court awarded compensation of Rs 50 lakh to Bilkis Bano.
  • One of the convicts, Radheshyam Shah, had approached the Gujarat High Court seeking remission of the sentence under section 432 (which mentions the empowerment of the state government to remit sentences as prison is a state subject under the constitution) and section 433 (which adds a caveat; convicts who have received a life sentence for an offence that even carry a death sentence) of the Code of Criminal Procedure. The Gujarat HC dismissed his plea saying that the "appropriate government" to decide about his remission is Maharashtra and not Gujarat.
Power of Remission Under Cr.Pc Different From Constitutional Powers of Pardon

Suspend or Remit – Criminal Procedure Code (Cr.PC) under Section 432 empowers central and state government to suspend or remit a sentence, in whole or in part, with or without conditions. 

Commutation – Section 433 empowers central and state governments to commute death sentence, imprisonment for life and rigorous imprisonment to a lesser degree.

State Government to Consult the Centre – Section 435 of Cr.PC states that powers of state government to suspend, remit or commute a sentence must be done in consultation with the central government if: 

1. The case was investigated by Central Bureau of Investigation (CBI) or 

2. The case was investigated by any other agency empowered to make an investigation into an offence under any Central Act. 

3. The offence involved misappropriation or destruction of, or damage to, any property belonging to the Central Government, or 

4. The offence was committed by a person in the service of the Central Government while acting in the discharge of his official duty.

Section 433A adds a restriction on powers of remission or commutation in certain cases. It states that where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 433 into one of imprisonment for life, such person shall not be released from prison unless he has served at least 14 years of imprisonment.
  • The Gujarat government had on August, 2022 granted remission to the convicts, as they had served over 15 years in prison and reportedly showed good conduct in Jail. However, the trial court judge at Mumbai as well as the prosecuting agency, the CBI, had opined against grant of remission on the ground that they committed the heinous offences in a gruesome manner.
  • A series of petitions have been filed in the Apex court , challenging the release of the 11 rapists. The court took up the issue explained it was important for it to examine the records to see whether the State government had independently applied its mind to all the relevant factors before granting remission to 11 men sentenced to life imprisonment for the gangrape of Bilkis Bano and the “horrendous mass murder” of her family members during the 2002 riots.

For further readings regarding constitutional and legal provisions related to remission and pardon kindly refer following link

President’s Power of Pardon & Judicial Review

National SC-ST Hub Scheme

Context: The Prime Minister has praised National SC-ST Hub Scheme which crossed more than a lakh beneficiary registration.

About National SC-ST Hub Scheme

  • The National SC/ST Hub has been set up to provide professional support to Scheduled Caste and Scheduled Tribe Entrepreneurs to fulfil the obligations under the Central Government Public Procurement Policy for Micro and Small Enterprises Order 2012, adopt applicable business practices and leverage the Stand-Up India initiative.
  • The “Public Procurement Policy for MSEs” mandates that Central Government Ministries, Departments, and Public-Sector Undertakings procure a minimum of 25% of their total annual value of goods or services from Micro and Small Enterprises including 4% of total procurement of goods and services from Micro and Small Enterprises owned by SC & ST entrepreneurs and 3% of total procurement of goods and services from Micro and Small Enterprises owned by women entrepreneurs.
  • The Hub is being implemented by the Ministry of MSME, Govt. of India through the National Small Industries Corporation (NSIC), a public-sector undertaking under the administrative control of this Ministry.
  • The Hub supports existing SC/ST entrepreneurs and enterprises in technological upgradation and capacity building thereby enabling them to effectively participate in the government procurement process.
  • This would involve active participation by CPSEs/Central Ministries, States, and Industry Associations such as DICCI and others.
  • Selected entrepreneurs would be provided with support and mentoring by industry experts, CPSEs, & incubators.

Achievements of the National SC-ST Hub Scheme

  • 1,06,854 Total SC-ST Candidates Assisted as up to 31st March 2023
  • 35,169 Total SC-ST Candidates Trained up to 31st March 2023
  • 1,301.93 Cr. Procurement from 8,828 SC/ST-owned MSEs in FY 2022-23

‘Grey areas’ in law banning prenatal sex determination need fixing, says HC

Context: The Delhi High Court has remarked that certain aspects of the Pre­Conception & Pre­Natal Diagnostic Techniques (Prohibition of Sex Selection) (PC & PNDT) Act need reconsideration for effective implementation of the Act. Court also remarked that “the low rate of conviction under the PC & PNDT Act poses a significant challenge, as it is incredibly arduous to prohibit pre­natal diagnosis of sex”.

The problem of declining child sex ratio

  • Continuous decline in child sex ratio since 1961 Census is a matter of concern for the country. Beginning from 976 in 1961 Census, it declined to 927 in 2001. As per Census 2011 the Child Sex Ratio (0-6 years) has dipped further to 919 against 927 girls per thousand boys recorded in 2001 Census.

Important provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 

  • The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act was enacted on September 20, 1994 and the Act was further amended in 2003. The Act provides for the prohibition of sex selection ,before or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex linked disorders and for the prevention of their misuse for sex determination leading to female foeticide and for matters connected therewith or incidental thereto.

The Act is implemented through the following implementing bodies:

  1. Central Supervisory Board 
  2. State Supervisory Boards and Union Territory Supervisory Boards 
  3. Appropriate Authority for the whole or a part of the State or Union Territory 
  4. State Advisory Committee and Union Territory Advisory Committee 
  5. Advisory Committees for designated areas (part of the State) attached to each Appropriate Authority. 
  6. Appropriate Authorities at the District and Sub-District levels

Registration 

  • Appropriate Authority of the district is responsible for registration of ultrasound diagnostic facilities.
  • Mandatory Displays at ultrasound centre

(1) Pre-conception and Pre-natal Diagnostic Techniques (PC and PNDT) Certificate: It is mandatory for every clinic or facility or hospital etc. registered under the Pre-conception and Pre-natal Diagnostic Techniques Act to display the certificate of registration at a conspicuous place at such Centre, Laboratory or Clinic. 

(2) Signage, board or banner in English & local language indicating that foetal sex is not disclosed at the concerned facility. 

(3) Copy of the Pre-conception and Pre-natal Diagnostic Techniques Act must be available in every ultrasound centre

Renewal of registration 

(1) Every certificate of registration is valid for a period of 5 years 

(2) Renewal of registration to be done 30 days before the date of expiry of the certificate of registration. 

Mandatory maintenance of records: Register showing in serial order: 

(1) Names and addresses of men or women subjected to pre-natal diagnostic procedure or test

(2) Names of their spouses or fathers 

(3) Date on which they first reported for such counselling, procedure or test. 

(4) A monthly report should be submitted to the Appropriate Authority regularly, before the 5th of every month. A copy of same monthly reports with the signature of the Appropriate Authority acknowledging receipt must be preserved.

Preservation of the following duly completed forms 

  1. Form F 
  2. Referral Slips of Doctors 
  3. Forms of consent 
  4. Sonographic plates or slides 9. 

Record storage  

  • All above records should be preserved for 2 years. 

Powers of Appropriate Authority 

(1) Appropriate Authority can enter freely into any clinic or facility for search and seizure. 

(2) Examine and inspect of registers, records including consent forms, referral slips, Forms, sonographic plates or slides and equipment like ultrasonography machines. 

(3) To ensure presence of at least two independent witnesses of the same locality or different locality during the search.

Concerns 

  • Non-compliance with the legal requirements for operating the facility is rampant in many parts of India. 
  • The primary reason for non-conviction is due to the inadequate legal expertise provided by the Public Prosecutor. 
  • As per the 10th Common Review Mission Report of the National Health Mission , there are low conviction rates under this Act, due to  lack of witnesses, insufficient evidence, and out-of-court settlements.
  • The ground-level people are more focused on clerical errors than working on the bigger picture of reducing female foeticide. This has led to many instances of harassment of radiologists and has also provided additional avenue for corruption.
  • Future technologies being developed for sex-determination, like testing of craniate cells in maternal blood, subtle techniques for sex-pre-selection, like electrolysis, Ericsson’s methodology, etc are presently not covered under the law.

Suggestions 

  • Implementation of Act should be strengthened through regular survey and inspection.
  • Renewal of the registration  should be done on the basis of track record of the compliance to the record keeping rules.
  • Regular meetings among various implementation bodies of state should be taken up.
  • Monitoring and evaluation process should be made robust by inclusion of PRI’s , NGO’s and community workers.
  • Capacity building various stakeholders like prosecutors, District appropriate authorities, community workers like ASHA’s etc, through training and media workshop should be undertaken.

Conclusion

The sex determination techniques and female infanticide is an inhumane act that needs to be curtailed by effective implementation of the PC PNDT Act. Protection of women and girl child should be priorities through effective implementation of public policies and regulations. There needs to be proper vigilance by the state and civil society to look after the declining sex ratio of the female population in the country.  

Civil Services Day

About civil services day

  • It is celebrated on 21st April every year.
  • It was the day when Sardar Vallabh Bhai Patel addressed the probationers of administrative services officers in 1947.
  • It is celebrated as an occasion for civil servants to radiate themselves to the causes of citizens and redrew their commitments to public services and excellence in work.
  • On this day Prime Minister’s Award for Excellence in Public Administration is awarded to civil servants.

This year the 16 awards will be given in the following five priority programmes

i) Promoting “Jan Bhagidari” or People’s Participation in Poshan Abhiyan,

ii) Promoting excellence in sports and wellness through the Khelo India scheme,

iii) Digital payments and Good Governance in PM SVANidhi Yojana,

iv) Holistic Development through the One District One Product scheme,

v) Seamless, End-to-End Delivery of Services without Human Intervention.

The future of India’s civil society organizations

Context: The government's suppression of civil society has made it difficult for civil society organizations (CSOs) to shape policy and public discourse. Recently many activists, journalists, academics, and students have been targeted by the state and non-state actors. 

What is Civil Society?

“The term civil society refers to a wide array of non-governmental and not-for-profit organizations that have a presence in public life, expressing the interests and values of their members or others, based on ethical, cultural, political, scientific, religious, or philanthropic considerations.”

What are Civil Society Organizations (CSOs)?

  • These are Non-State, not-for-profit, voluntary entities formed by people in the social sphere that are separate from the State and the market. 
  • Civil society organizations (CSOs) therefore refer to a wide of array of organizations: community groups, non-governmental organizations (NGOs), labor unions, indigenous groups, charitable organizations, faith-based organizations, professional associations, and foundations.

Role played by CSOs 

  • Upholding civil liberties: Association for Protection of Democratic Rights helps provide legal aid to those who have no access to courts of law. Usually, such types of CSOs enable legal services and protect the citizens against the repressive attitudes.
  • Accountability of government: They monitor the activities of the government and its agencies to ensure that they are acting in accordance with the law and the interests of the citizens. They conduct research, collect data, and analyze policies and programs to identify gaps, loopholes, and areas where the government needs to improve. E.g., ADR report on criminalization of politics
  • Mobilization of citizens: They promote public participation by raising awareness on important national, Regional or Local Issues – helps to strengthen participatory democracy in India.
  • Policy formulation: They can advocate for policy reform and make recommendations to improve policies and their implementation. By engaging with the government and other stakeholders, CSOs can influence policy decisions, advocate for policy changes, and push for implementation that is more equitable, efficient, and effective. E.g., PUCL pushed for PDS reforms.
  • Implementation of Policies & Programmes: They partner with the government and other stakeholders to facilitate policy implementation. By working together, CSOs can share expertise, resources, and knowledge to ensure that policies are implemented efficiently and effectively. E.g., MDM by Akshaya Patra Foundation.
  • Feedback to Government: They provide feedback and oversight to the government by monitoring the delivery of public services, collecting feedback from citizens, and reporting on the performance of government agencies. They also engage in social audits and citizen scorecards to assess the quality and impact of government programs and services. E.g., ASER Survey by Pratham.
  • Helps in Capacity Building and filling development deficit in diverse sectors - health, education, environment awareness, social inclusion, skill enhancement etc.
  • Partners in social development: CSOs play a crucial role in advocating for policy reforms that impact the rights and services of vulnerable groups in society. E.g., Organizations like Pratham and ASHA focus on providing education to children in rural areas and slums. 
  • Provides platform for vulnerable sections to raise their voice – e.g., concerns of sex workers, LGBT, HIV victims, victims of custodial torture etc.

Challenges faced by CSOs

  • Dependency Syndrome: Most of the CSOs don’t have adequate funds to carry out their work, as the people they serve lack the capacity to pay. Hence, they depend on receiving funds from the government/non-government bodies/international institutions. Now, with stringent provision of FCRA Amendment Act 2020, the problem of financial inadequacy of CSO’s is only increasing.
  • Inadequate staff: There exists a huge shortage of professional and trained personnel in the voluntary sector. Most of the personnel are unqualified and unskilled. 
  • Accountability issues: It is one of the issues plaguing CSOs in their operations and working. There have been increasing incidences of misuse of funds by these organizations. In January 2017, the Hon. Supreme Court of India called for an audit of nearly 30 lakh NGOs. This move was taken in the background of the NGOs failing to give an account of expenditure made out of the moneys they had received.
  • Government – Civil Society interface: The partnership of CSOs with the government has helped in successful implementation of many welfare and developmental programmes. CSOs have also successfully engaged with government in formulating various national level policies. But this interface between the CSOs and government seem to be clouded with an overbearing attitude of governmental officials, bureaucratization, and inertia that has led to a gap in the interface between the two.
  • Parochial interest: Civil society organizations may sometimes be influenced by the interests of their donors or supporters, which can result in them prioritizing the concerns of these groups over the broader public interest. In such cases, civil society may become a vehicle for advancing the interests of powerful groups or individuals rather than promoting the common good.

Way forward

  • Accountability mechanism: There should be regular social and performance audits of Civil society organizations working in the country. 
  • Trained staff: Building capacity through training, networking, and mentorship can help these organizations become more effective and sustainable over the long term.
  • Financial Resources: CSOs should explore a range of funding sources, such as grants, donations, crowdfunding, and social impact investing, to diversify their revenue streams. Building strong partnerships with other organizations, businesses, or government agencies can help CSOs secure funding and other resources.
  • Foster civic engagement: CSOs can work to increase civic engagement and participation among India's diverse communities. This could involve empowering marginalized groups, providing education and awareness programs, and promoting greater citizen involvement in decision-making processes.