GS Paper 2

E-Justice: Can it help governance?

Despite the government’s successful implementation of successive e-governance tools such as Crime and Criminal Tracking Network & Systems CCTNS, Inter-Operable Criminal Justice which also includes integration of e-Courts and e-Prisons, it will not automatically improve governance especially with respect to the way criminal justice system operates in India. Even after implementation of such e-governance technology, success rates for investigation, lodging of First Information Report (FIR), filing charge-sheet by police before the Court, prosecution and successful conviction will vary for different states.

Crime and Criminal Tracking Network & Systems (CCTNS)

  • Crime and Criminal Tracking Network & Systems (CCTNS) is a plan scheme conceived in the light of experience of a non-plan scheme namely - Common Integrated Police Application (CIPA).
  • CCTNS is a Mission Mode Project under the National e-Governance Plan (NeGP) of Govt. of India.
  • CCTNS aims at creating a comprehensive and integrated system for enhancing the efficiency and effectiveness of policing through adopting of principle of e-Governance.
  • CCTNS also aims at creation of a nationwide networking infrastructure for evolution of IT-enabled-state-of-the-art tracking system around 'Investigation of crime and detection of criminals'.  
  • CCTNS connects police stations and digitises registration of FIR, investigation and charge sheets.  

The objectives of the Scheme can broadly be listed as follows:

  1. Make the Police functioning citizen friendly and more transparent by automating the functioning of Police Stations.
  2. Improve delivery of citizen-centric services through effective usage of ICT.
  3. Provide the Investigating Officers of the Civil Police with tools, technology and information to facilitate investigation of crime and detection of criminals.
  4. Improve Police functioning in various other areas such as Law and Order, Traffic Management etc.
  5. Facilitate Interaction and sharing of Information among Police Stations, Districts, State/UT headquarters and other Police Agencies.
  6. Assist senior Police Officers in better management of Police Force
  7. Keep track of the progress of Cases, including in Courts
  8. Reduce manual and redundant Records keeping

Implementation Framework – CCTNS

  • CCTNS has been implemented in alignment with the National e-Governance Plan principle of "centralized planning and de-centralized implementation".
  • Ministry of Home Affairs (MHA) and National Crime Records Bureau (NCRB) are playing a key role in planning the program in collaboration with the Police leadership within States, in the development of a few core components and in monitoring and reviewing the program.   
  • It is the States and Union Territories (UT) that drives the planning and implementation at the State and UT level.
  • The role of the Centre (MHA and NCRB) focuses primarily around planning, providing the Core Application Software (CAS) (to be configured, customized, enhanced and deployed in States.
  • Whereas the States and UTs drives the implementation at the state level and have continued to own the system after deployment.
  • The central feature of CCTNS implementation at the State level is the "bundling of services" concept. According to this, each States selected one System Integrator (SI) who is the single point of contact for the State for all the components of CCTNS.
  • These components include the application (the changes made to the core application provided by MHA), hardware, communications infrastructure, associated services such as Capacity Building and Handholding, etc. 

Expected Benefits for Various Stakeholders

A. Benefits to Police Department

  1. Enhanced tools for investigation.
  2. Centralized crime and criminal information repository along with the criminal images and fingerprints with advanced search capabilities.
  3. Enhanced ability to analyze crime patterns and/ or modus operandi
  4. Enhanced ability to analyze road incidents and other accidents.
  5. Faster turnaround time for the analysis results (criminal and traffic) to reach the officers on the field.
  6. Reduced workload for the police stations back-office activities such as preparation of regular and ad-hoc reports and station records management.
  7. A collaborative knowledge-oriented environment where knowledge is shared across different regions and units.
  8. Better co-ordination and communication with external stakeholders through implementation of electronic information exchange systems.

B. Benefits to Ministry of Home Affairs (NCRB)

  1. Standardized means of capturing the crime and criminal data across the police stations in the country.
  2. Faster and easier access to crime and criminal information across the country in a manner amenable for trend and pattern analysis.
  3. Enhanced ability to detect crime patterns through modus operandi across the States/UTs and communicate to the state police departments for aiding in crime prevention.
  4. The ability to respond faster and with greater accuracy to inquiries from the parliament, citizens and citizens groups; and to RTI queries.
  5. Easy and low-cost scalability of crime and criminal systems in the future.

C. Benefits to Citizens

  1. Multiple channels to access services from police.
  2. Simplified process for registering petitions.
  3. Simplified process for accessing general services such as requests for certificates, verifications, and permissions.
  4. Simplified process and accurate means of tracking the progress of the case during trials.
  5. Simplified and accurate access to view/report unclaimed/recovered vehicles and property.
  6. Simplified process and channel for grievance registration.
  7. Improved relationship management for victims and witnesses
  8. Faster and assured response from police to any emergency calls for assistance.

D. Benefits to external departments

  1. Seamless integration with police systems for better citizen service delivery and improved law enforcement.
  2. Quick exchange of accurate information with the police department.

Inter-operable Criminal Justice System

  • Inter-operable Criminal Justice System (ICJS) aims to integrate the Crime and Criminals Tracking Network and Systems (CCTNS) project with the e-courts and e-prisons databases, as well as with other pillars of the criminal justice system such as Forensics, Prosecution, and Juvenile homes in a phased manner.
  • ICJS is thus a common platform for information exchange and analytics of all the pillars of the criminal justice system comprising of Police, Forensics, Prosecution, Courts& Prisons.
  • Invested under the CCTNS project of the MHA, the ICJS enables a nationwide search on police, prisons & courts databases across all States/ UTs in the country.

e-Courts Project

  • The eCourts Project was conceptualized on the basis of the “National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary – 2005” submitted by e-Committee, Supreme Court of India with a vision to transform the Indian Judiciary by ICT enablement of Courts.
  • E-committee is a body constituted by the Government of India in pursuance of a proposal received from Hon'ble the Chief Justice of India to constitute an e-Committee to assist him in formulating a National policy on computerization of Indian Judiciary and advise on technological communication and management related changes.
  • The e-Courts Mission Mode Project, is a Pan-India Project, monitored and funded by Department of Justice, Ministry of Law and Justice, Government of India for the District Courts across the country.
  • The E-Courts Mission Mode Project (Phase I 2010-15; Phase II 2015-19) is a national e - Governance project for ICT enablement of district and subordinate courts of the country. The major objectives of the Project are –   
  • To make whole judicial system ICT enabled by putting in place adequate and modern hardware and connectivity;
  • Automation of workflow management in all courts;
  • Electronic movement of records from taluka/trial to appeal courts;
  • Installation of video conferencing (VC) facility and recording of witness through Video Conferencing; connecting all courts in the country to the National Judicial Data Grid (NJDG) through WAN and additional redundant connectivity;
  • Citizen centric facilities such as electronic filing, e-payment and use of mobile applications in all courts; 
  • Touch screen based kiosks in each court complex, full computerisation of State and district level judicial and service academies and centres.    

The e-Court Project Envisages

  • To provide efficient & time-bound citizen centric services delivery as detailed in eCourt Project Litigant's Charter.
  • To develop, install & implement decision support systems in courts.
  • To automate the processes to provide transparency in accessibility of information to its stakeholders.
  • To enhance judicial productivity, both qualitatively & quantitatively, to make the justice delivery system affordable, accessible, cost effective, predictable, reliable and transparent.

E-PRISON PROJECT

  • e-Prisons have been operationalised across all states and Union Territories by the Ministry of Home Affairs. The e-prison data has been integrated with Police and court system under the Inter-Operable Criminal Justice System.
  • The system can be accessed through the secure National Informatics Centre (NIC) network, exclusively by authorising officials of law enforcement agencies and prisons through inter-operable Criminal Justice System.
  • e-Prisons Application Suite, developed by National Informatics Centre (NIC), is cloud-based product designed with easy to use GUI and embedded with comprehensive security features. It can be easily adopted by any State Prisons Department with minimum customization efforts since all the possible customization features are parameterized and can be configured by the users.

e-prison application

  • The e-Prisons application suite integrates all the activities related to prison and prisoner management.
  • It provides vital information about the inmates lodged in the prisons in a real-time environment to the courts, prison officials and other entities, involved in the Criminal Justice System.
  • It facilitates online visit requests and grievance redressal.

About e-Prison Project

  • The e-Prisons Project of Ministry of Home Affairs aims at computerization of the functioning of prisons in the country including digitisation and availability of prisoner’s data (convicts, under-trials, detenues etc.) in an electric platform which will be accessible to designated authorities of central and state governments.  
  • e-Prisons Project will help in creating centralised standard information database. 
  • e-Prisons uses data maintained by the States and Union Territories on the National Prisons Information Portal as per protocols notified for e-Prisons.

Components of e-Prison Project

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  • E-Prisons Management Information System (MIS) – Management Information System used at the prisons for their day to day regular activities. The major modules of e-Prisons MIS are:
  • Prisoner Information Management System (PIMS);
  • Visitor Management System (e-Visitor);
  • Hospital Management System (e-Hospital);
  • Legal Aid Management System;
  • Inventory Management System;
  • Prison Management System (PMS);
  • Police Intelligence System;
  • Court Monitoring; and
  • Kiosk Information.
  • National Prisons Information Portal (NPIP) – It is a citizen-centric portal that displays statistical data from the country’s numerous prisons. 
  • Visitors can use this portal to schedule visits with their wards inside the prison;
  • Grievances about their wards can also be submitted using the portal;
  • This portal also provides with inmate tracking facilities in a secured way to various investigating agencies.
  • Kara Bazaar – Portal for showing and selling things made by convicts in various jails across the country. All of the state prison departments now have access to the necessary technology for on boarding.

Concerns in Implementation of e-Governance Tools to improve Criminal Justice System

  • Implementation of CCTNS across police stations with respect to steps towards digitisation of police records and its sharing with other police stations is not uniform.
  • Thus, 97 per cent of police stations may have been connected to CCTNS, but the figure is 77 per cent for West Bengal (as of January 2022).
  • Investigation Rates vary across states and in general for crimes under Indian Penal Code, it is only 65 per cent. This leaves the question about the remaining 35 per cent and also the fact that investigation need not lead to lodging of FIR.
  • Under-staffed police stations is another reason for non-uniformity in implementation of CCTNS across police stations in different states.
  • Police and Prisons are in the State List of Seventh Schedule and accordingly it is upto the respective state governments to implement the Model Prison Manual brought by MHA in 2016. So, states having antiquated prison manuals will not achieve much with new e-prison norms.
  • Even the functioning of Police based on the old and archaic Police Act of 1861 will not achieve much unless Model Police Act, 2015 is adopted by respected state governments as suggested by the The Police Act Drafting Committee or Soli Sorabjee Committee.

Way Forward – With the above stated shortcomings, it will be difficult to achieve the principles of “one country”, “one police” and “one prison”. Thus, in order for the e-governance tools such as CCTNS, e-Prison, e-Courts etc. to become successfully operable in India, differences in the functioning of police in different states needs to be resolved and also needs to be harmonised.  

Saudi – Iran Deal and role of China

The deal highlights a long-standing ally of the US — Saudi Arabia accepted and acknowledged publicly the mediatory role of China, which is locked in a sharpening, all-round confrontation with the US, cannot be regarded as anything less than a major diplomatic setback for Washington

Saudi Arabia and Iran have agreed to revive two key agreements they concluded during an earlier phase of positive bilateral relations.

One is a 1998 agreement on economic, trade and investment cooperation;

The other is an agreement on internal security cooperation, concluded in 2001, which covered organised crime, terrorism and drug trafficking.

WHY US IS WITHDRAWING ?

  • The US is also distancing itself from the region as it is no longer dependent on energy imports from the region.
  • It has itself emerged as a significant exporter of both oil and gas.
  • America knows that its survival in the region is very costly, because it will remain under the strikes of the Axis of Resistance, which has grown and gained great influence in last decade, meaning that the American presence is no longer without cost, but rather the price will rise if US stays. 
  • The only reason US remains engaged because its major allies are still dependent on energy supplies from the region.
  • US also has a stake in the security of Israel, which also serves as its key regional ally.

AXIS OF RESISTANCE The term Axis of Resistance (also Resistance and Deterrence Axis) commonly refers to a Shiite anti-Israel and anti-Westernalliance between Iran, Syria,  the Lebanese Militant  group Hezbollah and Hamas. 

This Iran-led alliance aims to oppose Western, namely United States and Israel, interests in the region.

FOR INDIA

  • India has done well in recent years in forging much closer relations with key Gulf states like Saudi Arabia, the UAE and Oman.
  • India has been able to do so even while forging a close strategic partnership with Israel. The Abraham Accords opened the door to the I2U2 initiative which brought together India, Israel, the UAE and the US in a quadrilateral regional framework, akin to the Quadrilateral (Quad) in the Indo-Pacific.
  • But the deal brokered by China highlights the growing clout, following this if the multi-billion dollar($400bn) deal between Iran and China is materialized and partnership with Saudi is strengthened it will put brakes on ambitious targets set under I2U2

SILVER LINING

  • American President Joe Biden has earlier assured, the US is not leaving the Middle East and that America “will not walk away and leave a vacuum to be filled by China, Russia, or Iran”.
  • Earlier US saw itself as the sole provider of regional security, now this approach is changing with US effort to craft a Middle East Air Defence coalition is an example of this.
  • US  focus on national interest found an echo in the Middle East. The region earlier focused on transcendental notions of “pan Arabism” and “pan Islamism”.  Arab leaders now are not willing to let that come in the way of normalisation of relations with Israel. Ex Abraham Accords

Thus India must find ways to revive and expand its energy partnership with Iran and fast-track the implementation of the Chabahar port and the transport corridor that would link it to Central Asia. India’s western flank is far too important to be accorded second place to the Indo-Pacific.

Parliamentary Standing Committee Questions Huge Cut in MGNREGA Outlays

Parliamentary Standing Committee on Rural Development and Panchayati Raj in its report has expressed concerns over reduction of Rs 29,400 crore in the budget for the Mahatma Gandhi National Rural Guarantee Scheme (MGNREGS)  rural job scheme for financial year 2023-24 when compared to Revised Estimates of 2022-23.

Parliamentary Standing Committees makes the Executive more Accountable by Considering the demands for grants of the related Ministries/ Departments and report thereon. The report shall not suggest anything of the nature of cut motions; Examining Bills pertaining to the related Ministries/ Departments, referred to the Committee by the Chairman or the Speaker, as the case may be, and report thereon; Considering Annual Reports of the Ministries/Departments and report thereon; and Considering National Basic Long Term Policy Documents presented to the Houses, if referred to the Committee by the Chairman or the Speaker and report on such policy documents.  

Understanding MGNREGA

  • The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 is the foundation for the Mahatma Gandhi National Rural Employment Guarantee Scheme Mahatma Gandhi NREGS) and provides guaranteed employment.
  • Demand Based Employment - MGNREGA is bottom-up, people centred, demand-driven, self-selecting and rights-based programme. It provides a legal guarantee for wage employment by providing allowances and compensation both in cases of failure to provide work on demand and delays in payment of wages for work undertaken.
  • Involvement of Panchayats - Plans and decisions regarding the nature and choice of works to be undertaken, the order in which each worksite selection etc., are all to be made in open assemblies of the Gram Sabha (GS) and ratified by the Gram Panchayat.    
  • Social audit is a new feature of MGNREGA which creates accountability of performance, especially towards immediate stakeholders.  
  • The mandate of the MGNREGA is to provide at least 100 days of guaranteed wage employment in a financial year to every rural household whose adult members volunteer to do unskilled manual work.
  • The core objectives of the MGNREGS are:
  • Providing not less than one hundred days of unskilled manual work as a guaranteed employment in a financial year to every household in rural areas as per demand, resulting in creation of productive assets of prescribed quality and durability.
  • There is also a provision for additional 50 days of unskilled wage employment in a financial year in drought/natural calamity notified rural areas.
  • Strengthening the livelihood resource base of the poor.
  • Proactively ensuring social inclusion and
  • Strengthening Panchayati Raj Institutions. 

Goals of MGNREGA are

  • Social protection for the most vulnerable people living in rural India by guaranteeing wage employment opportunities.
  • Enhance livelihood security of the rural poor through generation of wage employment opportunities in works leading to creation of durable assets.
  • Rejuvenate natural resource base of rural areas.
  • Create a durable and productive rural asset base.
  • Empowerment of the socially disadvantaged, especially, women, Scheduled Castes (SCs) and Scheduled Tribes (STs), through the processes of a rights-based legislation.
  • Strengthen decentralised, participatory planning through convergence of various anti-poverty and livelihoods initiatives.
  • Deepen democracy at the grassroots by strengthening Panchayati Raj Institutions.
  • State Government may by notification make rules to carry out the provisions of Act subject to the conditions of consistency with Mahatma Gandhi NREGA and rules made by the Central Government.
  • Transfer of Funds - MGNREGA is demand driven wage employment programme and resource transfer from Centre to States is based on the demand for employment in each State.  

Permissible Work under MGNREGA

  • Mahatma Gandhi National Rural Employment Guarantee Act allows Central Government to add new works in the permissible list of works under Schedule 1 of the Act.
  • As per Schedule 1 of Act, there are 265 permissible works under Mahatma Gandhi NREGA.
  • The demand from States to add work in the list of permissible works is examined in consultation with stakeholders.
  • Also, the list of permissible works is reviewed annually by a Committee of Central Government having different States as member of the Committee.
  • Recently, plantation of Dragon-fruit under horticulture plantation has been permitted under the Scheme against the request from States keeping in view the local requirements and the objective of MGNREGA Act.
  • Some of recently added works in the list of permissible works under Mahatma Gandhi NREGA are given below:
  • Construction of bio-gas plant for individual
  • Unskilled wage component towards the construction of bio-gas plant for community;
  • Maintenance of tunnel constructed by Border Road Organisation (BRO); and
  • Maintenance of bridges constructed by Border Road Organisation (BRO)

Employment Status under MGNREGA

  • Data on Job Employment - The details of households demanded employment and households offered employment under Mahatma Gandhi NREGS in last three financial years 2019-2020, 2020-2021, 2021-2022 and current financial year 2022-23 (as on 31.07.2022) is given below:   
Financial Year2019-202020-212021-222022-23
Households demanded employment (in crores)6.168.558.065.09
Households offered employment (in crore)6.158.548.025.08
  • MGNREGA provided employment during COVID Pandemic – not only to the members of rural household but also to the families which migrated back from the cities due to job loss and lockdown.       
  • Demand for work under MGNREGA increased during the Pandemic – Upto 72% more household demanded work in July 2020 as compared to July 2019 and upto 66% more household demanded work in August 2020 as compared to August 2019.
  • Significant proportion of women worked under the employment guarantee scheme
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Important Highlights of the Standing Committee’s Report

  • Important Role Played during COVID - The Report highlighted the important role played by MGNREGA during COVID pandemic it acted as a ray of hope for the needy in times of distress. 
  • Increased Outlay during COVID - The importance of the scheme got highlighted through the substantially huge increment at the Revised Estimate stage in 2020-21 and 2021-22 from Rs 61,500 crore to Rs 1,11,500 crore, and Rs 73,000 crore to Rs 99,117.53 crore, respectively, to meet the increase in demand of work during the pandemic.
  • The Committee is unable to comprehend the rationale for reduced allocation of funds under MGNREGA and strongly feels that the matter needs to be looked afresh.
  • Ministry of Rural Development should Apprise Min. of Finance of Ground Reality - The Committee “strongly” recommended that the Department of Rural Development apprise itself of the still-existing high demand for jobs under MGNREGA at the ground level “more realistically and press upon the Ministry of Finance to increase allocation for MGNREGA.
  • Problems in Uploading Attendance - The Committee also highlighted the problems faced by workers on updating their attendance through mobile app twice a day. Digital capturing of attendance of the workers takes place through the National Mobile Monitoring System, a mobile based application.
  • MGNREGA beneficiaries belong to extremely deprived sections of the society, and come from different linguistic milieu. It is difficult to expect that MGNREGA workers are well-versed with the functioning and language of the mobile app and depending upon a nodal human intervention for attendance further compounds the problem.
  • Delay in Compensation – The Committee further flagged a chronic problem of non-adherence to the provision of delay compensation which has been pointed out by several activists and organisations working in the field.
  • Increase Rates under MGNREGA - The committee has recommended that the government should increase wage rates under MGNREGA by linking it to a suitable pricing index and explore the feasibility of notifying a uniform wage rate under MGNREGA for the entire country.

Recommendations of Sixth Common Review Mission (CRM) for MGNREGA

National Level Monitoring, Common Review Mission and Internal Audits are some of the periodic exercises carried out to monitor implementation of MGNREGA at grassroot level. The Ministry of Rural Development in its Sixth Common Review Mission (CRM) has called for decentralisation of the programme to allow greater flexibility in its implementation.

  • Need for greater diversification of permissible work under the MGNREGA Act
  • Broad categories of work should be listed and flexibility should be given at the ground level to select types of work.
  • Job Card needs to be updated for better access and information despite presence of digital records.
  • Payments to material vendors need to be done in timely manner.
  • Timely and Regular flow of the funds needs to be ensured as effective fund flow is the backbone of any government scheme.
  • Option of Revolving Fund may be explored to ensure timely flow of funds. Revolving Fund is a fund or an account that remains available to finance an organization's continuing operations without any fiscal year limitation.
  • There is a need for common vertical and social audit for all schemes of Ministry of Rural Development and Ministry of Panchayati Raj.

Border dispute between Karnataka & Maharashtra

Karnataka Chief Minister Basavaraj Bommai on Wednesday said he would take steps to stop the Maharashtra government from implementing its flagship health insurance scheme in all 865 dispute border villages in Karnataka.

Background of this dispute

  • Maharashtra and Karnataka have sparred over the inclusion of some towns and villages along the state border ever since the passage of State Reorganisation Act of 1956, which in turn was based on the findings of the Justice Fazal Ali Commission, which was appointed in 1953.
  • In 1956, Mysore state (later renamed Karnataka) was formed, and differences between the state and the neighbouring Bombay state (later Maharashtra) erupted.
  • Since its creation in 1960, Maharashtra has claimed that 865 villages, including Belagavi (then Belgaum), Carvar and Nipani, should be merged into Maharashtra (these areas are predominantly Marathi-speaking). Karnataka, however, has refused to part with its territory.

Centres response

  • The Mahajan Commission (led by former Chief Justice of India Mehr Chand Mahajan) was set up by the Government of India in October 1966 to look into the border dispute.
  • It submitted its report in 1967, where it recommended that 264 villages should be transferred to Maharashtra, and that Belgaum and 247 villages should remain with Karnataka.
  • Maharashtra rejected the report, calling it biased and illogical. Despite demands from Karnataka, the Centre never implemented the report.
Exploiting public sentiments, Karnataka changed the name of Belgaum to Belagavi and made it the second capital of the state.In 2007, Karnataka started building the Suvarna Vidhana Soudha (Legislative Assembly) in Belagavi to assert its control over the region (winter legislature sessions are held here annually).  

What is the status of the border dispute now?

  • In 2004, the Maharashtra government filed a petition in the Supreme Court, staking claim over Marathi-speaking villages in Karnataka. However, the border row has been pending before the Supreme Court since 2004.
  • In 2010, the Centre in its affidavit had stated that the transfer of certain areas to then Mysore (now Karnataka) was neither arbitrary nor wrong.

Weapons of Mass Destruction & Their Delivery Systems (Amendment) Act, 2022

Parliament amended 'The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (WMD Act, 2005) to fulfil international obligations relating to financing of weapons of mass destruction. The amendment prohibits financing of any prohibited activity under the WMD Act, 2005 and empowers taking financial and other measures to prevent such financing related to WMDs and their delivery systems.

About Weapons of Mass Destruction & Their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005

Need for the Act:

  • Prohibits unlawful activities related to weapons of mass destruction and their delivery systems.
  • India is committed not to transfer nuclear weapons or other nuclear explosive devices or assist , encourage or induce any other country to manufacture nuclear weapons or other nuclear explosive devices.
  • Provides legal framework to the objective of global nuclear disarmament,
  • India is a member of Chemical Weapons Convention (CWC) and Biological Weapons Convention (BWC). Thus, this act empowers India to exercise controls over export of chemicals, organisms, materials, equipment and technologies related to weapons of mass destruction and their delivery systems.
  • The Act was passed to meet an international obligation enforced by the UN Security Council Resolution (UNSCR) 1540 of 2004.

UN Security Council Resolution 1540

  • UN Security Council Resolution 1540 address the growing threat of non-state actors gaining access to WMD material, equipment or technology to undertake acts of terrorism.
  • It established binding obligations on all UN member states under Chapter VII of UN Charter.
  • Nations were mandated to take and enforce effective measures against proliferation of WMD, their means of delivery and related materials to non-state actors.
  • UNSCR 1540 enforced three primary obligations upon countries:

(i) To not provide any form of support to non-state actors seeking to acquire WMD, related materials or their means of delivery.

(ii) To adopt and enforce laws criminalising the possession and acquisition of such items by non-state actors.

(iii) To adopt and enforce domestic controls over relevant materials, in order to prevent their proliferation.

  • UNSCR 1540 undergoes periodic reviews to determine the success of its implementation and identify gaps in enforcement.

Salient Features of the Weapons of Mass Destruction & Their Delivery System (Prohibition of Unlawful Activities) Act, 2005:

  • Weapons of Mass Destruction (WMD): WMDs under the Act includes any biological, chemical or nuclear weapons.
  • Extent: Extends to whole of India including the Exclusive Economic Zone.
  • Application: Provisions of this Act applies to export, transfer, re-transfer, transit and trans-shipment of material, equipment or technology of any description as are identified, designated, categorised or considered by Central Government as Weapons of Mass Destruction and their delivery systems.
  • Provisions of this Act apply to:
  • Citizens of India outside India.
  • Companies or bodies corporate, registered or incorporated in India or having their associates, branches or subsidiaries, outside India.
  • Any ship, aircraft or other means of transport registered in India or outside India.
  • Foreigners while in India
  • Persons in service of Government of India, within and beyond India.
  • Central may identify, designate, categorise or regulate the export, transfer, re-transfer, transhipment or transit of any item related to Weapons of Mass Destruction.
  • Prohibition related to Weapons of Mass Destruction
  • Nuclear Weapons: No person shall unlawfully manufacture, acquire, possess, develop or transport or transfer (directly or indirectly) a nuclear weapon or other nuclear explosive device and their means of delivery.
  • Chemical & Biological Weapons: No person shall unlawfully manufacture, acquire, possess, develop or transport (directly or indirectly) a biological or chemical weapon or their means of delivery.
  • Missiles: No person shall unlawfully transfer, directly or indirectly, to any one missiles specially designed for delivery of weapons of mass destruction.
  • Non-state actors or terrorists: No person shall, directly or indirectly, transfer to a non-State actor or terrorist, any material, equipment and technology related to Weapons of Mass Destruction.
  • Brokering: No person who is a resident of India shall, for a consideration, knowingly facilitate execution of any transaction which is prohibited or regulated under this Act.
  • Export: No person shall export any material, equipment or technology knowing that such material, equipment or technology is intended to be used in the design or manufacture of a biological weapon, chemical weapon, nuclear weapon or their missile delivery system.
  • Punishment: Heavy punishments have been provided for contravening or abeting the provisions of this act.

Need for Amendments

  • The risk of proliferation of WMDs to non-state actors is increasing due to rapid advances in science, technology and international commerce.
  • FATF has expanded the scope of targeted financial sanctions and demanded tighter controls on the financing of WMD activities.
  • New kinds of threats: Developments in the fields of drones or unauthorised work in biomedical labs that could be maliciously used for terrorist activities.

Changes introduced by Weapons of Mass Destruction & Their Delivery System (Amendment) Act, 2022

Prohibition on financing: No person shall finance any activity prohibited under this Act or UN (Security Council) Act, 1947 in relation to WMDs and their delivery systems.

For preventing financing by any person of above activities, the Central Government will have power to:

  • Freeze, seize or attach funds or other economic resources owned or controlled, wholly or jointly, directly or indirectly by such person.
  • Prohibit any person from making funds, financial assets or economic resources related to unlawful transfer of WMDs.

Green National Highway Corridors Project

The Government of India and the World Bank have signed an agreement for the construction of Green National Highway Corridors Project (GNHCP) in an aggregate length of 781 km in the states of Himachal Pradesh, Rajasthan, Uttar Pradesh and Andhra Pradesh, with loan assistance of US $ 500 million against total project cost of US $ 1288.24 million (Rs. 7,662.47 crore).

About Green National Highway Corridors Project (GNHCP)

  • It is an initiative under the Green Highways (Plantation, Transplantation, Beautification & Maintenance) Policy, 2015.
  • The policy was launched in the year 2015 by the Union Ministry of Road Transport & Highways and shipping (MoRTH).
  • The aim of the policy is to promote greening of Highway corridors with participation of the community, farmers, private sector, NGOs, and government institutions. 

Objectives of Green National Highway Corridors Project (GNCHP)

  • To demonstrate safe and green highway keeping in view climate resilience and use of green technologies by incorporating the provisions of conservation of natural resources.
  • This would be achieved by using cement treated sub base/reclaimed asphalt pavement, use of local/ marginal material such as lime, fly ash, waste plastic, bio-engineering measures for slope protection such as hydroseeding, coco/jute fibre etc., which will enhance the ability of Ministry to bring Green technologies into the mainstream.

This project has three components

  • The first component includes upgradation and maintenance for five years of selected stretches of existing National Highways in the states of Rajasthan, Himachal Pradesh, Uttar Pradesh and Andhra Pradesh incorporating green technologies and demonstrating resource efficiency, climate resilience, green and safety aspects.
  • The second component focuses on Institutional Capacity Enhancement.
  • The third component focuses on  Road Safety.

Significance

  • The project will enhance the capacity of the MoRTH in mainstreaming safety and green technologies.
  • This project will also support analytics to map the freight volume and movement pattern on the national highway network, identify constraints, and provide innovative logistics solutions.
  • The project will support the ministry with an in-depth analysis of gender-related issues in the transport sector. It will also help in creating jobs for women by training women-led micro enterprises and women collectives to implement green technologies in the highway corridors.
  • The project will strengthen and widen existing structures; construct new pavements, drainage facilities and bypasses; improve junctions; and introduce road safety features.
  • The project will provide efficient transportation for road users in the four states, connect people with markets and services and promote efficient use of construction materials.

ROSTL Scheme

Scheme for Rebate of State and Central Taxes and Levies on Export of Garments and Made-ups

  • The scheme has replaced the Rebate of State Levies (RoSL) Scheme. The difference between RoSL & RoSCTL Scheme is that under RoSL Scheme, there was no benefit on the central tax and Levies.

Significant Features

  • Intends to compensate the State and Central Taxes and Levies in addition to the Duty Drawback Scheme on export of apparel/ garments and Made-ups by way of rebate.
  • The Rebate of State Taxes and Levies includes: VAT on fuel used in transportation, captive power, farm sector, mandi tax, duty of electricity, stamp duty on export documents, embedded SGST paid on inputs such as pesticides, fertilizers etc.
  • The Rebate of Central Taxes and Levies includes: Central excise duty on fuel used in transportation, embedded CGST paid on inputs such as pesticides, fertilizer etc.
  • The rebate under the RoSCTL Scheme shall be given to the exporter in the form of duty credit scrips which will be maintained in the electronic duty credit ledger.
  • The value cap per unit of exported product have also been specified for several items and the rebate amount cannot exceed the said amount.
  • The period of validity of the e-scrip (one year) will not change on account of its transfer.
  • Eligibility: All the exporters of garments/Apparels and made-ups manufactured in India. However, entities under the Denied Entity List of the Directorate General of Foreign Trade are kept out.
  • Under: Ministry of Textiles and came into effect from March, 2019.
  • Regulatory body: Department of Revenue.

RoDTEP Scheme- Remission of Duties or Taxes on Export Products Scheme

  • The scheme was introduced by the Government of India through the amendments made in the Foreign Trade Policy 2015-20.

Significant Features

  • Rebate of all hidden Central, State, and Local duties/taxes/levies on the goods exported which have not been refunded under any other existing scheme.
  • It does not only include the direct cost incurred by the exporter but also the prior stage cumulative indirect taxes.
  • Benefits would be provided in the form of transferable duty credit scrip, or in the form of electronic scrip which.
  • All exporters irrespective of their status in respect of the goods manufactured in India are eligible. Also, there is no turnover limit criterion to claim the benefit.
  • The scheme follows the global principle that the taxes/duties should not be exported and therefore, WTO compliant.
  • Under: Ministry of Commerce and Industry
  • Administered by: Department of Revenue
  • The scheme is not applicable to- Apparel and made-ups which are benefitted under RoSCTL scheme.

Anticipatory or pre-arrest bail

Karnataka BJP MLA Madal Virupakshappa has been granted pre-arrest bail (subjected to cooperate in investigation) by the High Court, a decision challenged in Supreme Court by the state Lokayukta.

Previously, Virupakshappa approached a civil court in Bengaluru and obtained a temporary injunction against defamatory media reporting in the corruption case against 45 media outlets.

What is pre-arrest bail?

  • Bail is a process of procuring “the release of a person from legal custody, by undertaking that he shall appear at the time and place designated and submit himself to the jurisdiction and judgment of the court.”
  • Although “bail” has not been expressly defined in Indian statutes, the Code of Criminal Procedure (CrPC) differentiates between “bailable” and “non-bailable” offenses. It also defines three kinds of bail that can be granted —
  • regular bail under Sections 437 and 439;
  • interim bail or short-term bail which is given when regular or anticipatory bail application is pending before the court;
  • anticipatory or pre-arrest bail.
  • The provision for “anticipatory bail” was introduced under Section 438 of the CrPC after the 41st Law Commission Report in 1969 recommended the need for a measure that protects against arbitrary violation of one’s personal liberty, such as when politicians detain their opponents in false cases.

When can anticipatory bail be granted?

  • When “any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence”.
  • Granted by the High Court or the Court of Session, under this section, for non-bailable offenses for which one anticipates arrest, even if the actual arrest has not happened or the FIR has not been registered.
  • Non-bailable offenses are more serious offenses, punishable with at least three years imprisonment and above.
  • Amendment in 2005, following which it laid down principles for consideration for the grant of anticipatory bail under subsection such as whether the accused is likely to flee, is a habitual offender, or is likely to tamper with evidence along with his antecedents, such as previously being arrested for a cognizable offense.

National Assessment & Accreditation Council (NAAC)

Assessment carried by NAAC for higher education institutions have been mired in controversy. There have been demands for reviewing the process of accreditation by NAAC.

ABOUT National Assessment & Accreditation Council (NAAC)

NAAC is an autonomous institution established by the University Grants Commission (UGC) under the UGC Act, 1956 for assessing and accrediting higher education institutions (HEIs) of the country.

NAAC conducts assessment and accreditation of HEIs to derive an understanding of the 'Quality Status' of the institution.

Headquartered in Bengaluru.

Eligibility: Higher Education Institutions (HEIs), with at least two batches of students graduated, or been in existence for six years, whichever is earlier, are eligible to apply for process of Assessment & Accreditation (A&A) of NAAC. Institutions covered can be:

  • Universities (Central/State/Private/Deemed to be) and Institutions of National Importance
  • Autonomous colleges/Constituent Colleges/Affiliated Colleges (Affiliated to universities recognised by UGC as an affiliating university)
  • Accredited HEIs applying for Reassessment or Subsequent Cycles (Cycle 2, Cycle 3, Cycle 4) of Accreditation
  • Any other HEIs at the discretion of NAAC.

Criteria of Accreditation followed by NAAC: Currently, the NAAC follows an input-based approach and focuses on 7 main criteria. NAAC has categorised HEIs into three major categories (University, Autonomous College and Affiliated/Constituent College) and are assigned different weightages to these criteria. They are:

  1. Curricular Aspects
  2. Teaching-Learning & Evaluation
  3. Research, Innovations and Extension
  4. Infrastructure and Learning Resources
  5. Student support & progression
  6. Governance, Leadership and Management
  7. Institutional Values and Best Practices.

Process of Accreditation: Process of  assessment and accreditation broadly consists of:

  1. Online submission of institutional information for quality assessment and self-study report.
  2. Data validation and verification by NAAC.
  3. Student Satisfaction Survey by NAAC
  4. Peer Team Visit
  5. Institutional Grading

Assessment Outcome: Final result of Assessment & Accreditation exercise will be an ICT based score, which is a combination of qualitative and quantitative metrics. This will be based on report of Peer Review Team, institutional grade sheet and quantitative metrics. The above three parts will together form “NAAC Accreditation Outcome” document. It is mandatory for the HEIs to display it on their institutional website apart from NAAC hosting it on its website.

Range of Institutional Cumulative Grade Point AverageLetter GradeStatus
3.51-4A++Accredited
3.26-3-50A+Accredited
3.01-3.25AAccredited
2.76-3.00B++Accredited
2.51-2.75B+Accredited
2.01-2.50BAccredited
1.51-2CAccredited
<=1.50DNot accredited

Validity of Accreditation: Accreditation given by NAAC is usually valid for a period of 5 years. However, institutions which have secured highest grade consecutively in previous two cycles of accreditation and continue to do so in the 3rd cycle will be eligible for extension of validity from 5 years to 7 years.

Scope of Reassessment: Institutions can apply for reassessment to make an improvement in the accredited status, after a minimum of one year or before three years of accreditation. Current procedures and methodology is also applicable for all institutions applying for re-assessment.

Issues with NAAC

Discrepancies in Assessment process: Peer review of Assessments done by NAAC have been found to be allocating 'arbitrary points' to colleges. There have been allegations that certain HEIs are given more scores in NAAC assessment and even corruption and bribing of members of peer-review team.

Limited coverage: Despite mandate for universal accreditation of HEIs in India. More than 50% of universities and 75% of affiliated colleges in India are not accredited.

Issues with current assessment method of NAAC

  • Current assumption is that desired learning outcomes can be achieved once systems and processes necessary for achieving them are in place. However, the focus must shift to assessing the learning outcomes themselves. There is a need to assess knowledge and skills acquired by students as outcomes after completing their studies.
  • Process of Peer Team Visits adds substantial effort on the part of NAAC and Higher Education Institutions. Hence, role of Peer Teams should be facilitatory in nature and not have a significant weightage in assessment and accreditation.
  • Documentation exercise is too intensive and overwhelming for HEIs and must be rationalised.
  • Choosing of members of peer-review group is often biased and not objective. Only those Universities/Colleges which have NAAC grading or NIRF Ranking will be eligible for inclusion in the list maintained by UGC for receiving financial assistance.

Way Forward:

  • Moving towards outcome based assessment: NAAC should clearly spell out outcomes of learning expected of graduates of an Higher Education Institution with focus on assessing Educatedness, Professional Skills, Career Progression, Alumni Feedback, Autonomy of Practitioners, Quality of Teaching, Quality of Research, Commitment for SDGs, Diversity & Inclusiveness & Infrastructure support and development.
  • Assessment and Accreditation of educational institutions should be done transparently and professionally.
  • Only those Universities/Colleges which have NAAC grading or NIRF Ranking will be eligible for inclusion in the list maintained by UGC for receiving financial assistance.
  • Move towards unified National Accreditation Council (NAC): National Education Policy, 2020 has proposed National Accreditation Council as a meta-accrediting body. UGC has established  a committee to bring synergy between NAAC, National Board of Accreditation (NBA) and National Institutional Ranking Framework to propose a common framework and roadmap for National Accreditation Council.
  • Accreditation & Assessment shall be mandatory and every Higher Educational Institution needs to be accredited. Self-declaration and transparency shall be basis of assessment and accreditation.
  • Accreditation should be carried out by an independent ecosystem of accrediting institutions supervised and overseen by NAC. Recognised accreditor to be awarded to an appropriate number of institutions by NAC.
  • A Graded system of accreditation should be developed which will eventually result in graded autonomy for colleges and HEIs.
  • Technology Enabled Assessment: Use of technology to might help HEIs in reducing burden of collecting and verifying data for assessment. Technology enabled formative assessment may provide a comprehensive, reliable and realistic assessment of HEIs.

Vibrant Villages Programme

The Union Cabinet has approved Centrally Sponsored Scheme- “Vibrant Villages Programme” (VVP) for the Financial Years 2022-23 to 2025-26.

About Vibrant Villages Programme:

  • Comprehensive development of villages of blocks on northern border thus improving the quality of life of people living in identified border villages.  This will help in encouraging people to stay in their native locations in border areas and reversing the outmigration from these villages adding to improved security of the border.
  • The scheme will provide funds for development of essential infrastructure and creation of livelihood opportunities in 4 states and 1 UT: Himachal Pradesh, Uttarakhand, Sikkim, and Arunachal Pradesh, and Ladakh along the northern land border of the country which will help in achieving inclusive growth and retaining the population in the border areas.
  • This central scheme will promote social entrepreneurship and empowerment of youth and women through skill development and entrepreneurship through
    “Hub and Spoke Model”.
  • Under the ‘one village-One product’ model, the local cultural, traditional knowledge, and heritage will be promoted through community-based organizations, Cooperatives, SHGs, NGOs, and others. 
  • Vibrant Village Action Plans will be created by the district administration with the help of Gram Panchayats.
  • There will not be overlap with Border Area Development Programme.
  • The ‘Vibrant Villages Programme’ will focus on mobile and internet connectivity, all-weather road, drinking water, and round-the-clock electricity using renewable sources (Solar and Wind energy). It will also focus on the development of tourist centres, multi-purpose centres, and health and wellness Centres.

Pension Fund Regulatory & Development Authority (PFRDA)

Context: The Pension Fund Regulatory and Development Authority (PFRDA) is preparing to introduce a new version of the National Pension Scheme (NPS) that will enable contributors to retain 50% of their investment in equity funds until they reach the age of 45.

About Pension Fund Regulatory and Development Authority (PFRDA):

  • It is a statutory regulatory body set up under PFRDA Act 2013, to promote old age income security and protect the interests of NPS subscribers. 
  • PFRDA is regulating NPS, subscribed by employees of Govt. of India, State Governments and by employees of private institutions/organizations & unorganized sectors. 
  • It operates under the jurisdiction of Ministry of Finance in the Government of India.

Organizational Structure:

The Authority consists of a Chairperson and not more than six members, of whom at least three shall be whole-time members, to be appointed by the Central Government.

Schemes managed by PFRDA:

  1. Atal Pension Yojana (APY): a pension scheme launched by Government of India is focused on the unorganized sector workers. Under the APY, minimum guaranteed pension of Rs. 1,000/- or 2,000/- or 3,000/- or 4,000 or 5,000/- per month will start after attaining the age of 60 years depending on the contributions by the subscribers for their chosen pension amount. The contributions under Atal Pension Yojana are invested as per the investment guidelines prescribed by PFRDA.
  2. National Pension System (NPS): is a pension cum investment scheme launched by Government of India to provide old age security to Citizens of India. It brings an attractive long-term saving avenue to effectively plan your retirement through safe and regulated market-based return. The Scheme is regulated by Pension Fund Regulatory and Development Authority (PFRDA). National Pension System Trust (NPST) established by PFRDA is the registered owner of all assets under NPS.