Mains Exhaustive

Undertrial prisoners to get remission for good conduct

Context: Undertrial prisoners lodged in the Delhi’s prisons will now be granted remission based on good conduct. Earlier, only convicts were granted remission based on their conduct.

Facts related to Undertrial prisoners in India

According to the 2021National Crime Records Bureau (NCRB) data, undertrial prisoners (UTPs) comprised nearly 77% of the total prison population in the country.Undertrial prisoners’ population in India is estimated to be the 18th highest in the world and the third highest in Asia. Undertrials such as Muslims, Dalits and Adivasis are in disproportionate number. About 53% of undertrial prisoners are from these communities. Around 29% of undertrial prisoners are not formally literate, while 42% had not completed their secondary education.

Undertrial Prisoners

  • Definition - According to 78th Report of the Law Commission of India (1979), Undertrial is a person who is in a judicial custody or remand during investigation. An undertrial prisoner is the one who has been detained in prison during the period of investigation, inquiry or trial for the offence they are accused to have committed.
  • Reason behind such large number
    • Poverty and illiteracy are the main reason behind such huge number of undertrials in India. Majority of them are either unable to furnish the bonds for release or are not aware about the judicial remedy to seek bail.
  • Impact on rights of Individual
    • Prolonged detention and delay in trial of cases not only violates the right to liberty guaranteed to every citizen, but also amounts to denial of human rights of the undertrials. 
    • The overuse of undertrial detention effectively ends up in punishing the people before they are convicted, and makes a mockery of their right to be presumed innocent until proven guilty. 
    • This can often increase the risk of ill-treatment and torture inside the prisons.

Constitutional Provisions

Article 22 (1) - Provides the arrested person the right to consult and to be defended by a legal practitioner of his choice.

Article 22 (2) - Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours (Excluding time of journey)

Article 21 - Speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution.

Challenges faced by Undertrials in India

  • Exposure to hardened criminals - Despite The Model prison manual recommending separate jail for undertrials, it is seldom done. Such clubbing and exposure increases the risk of turning undertrial into criminal.
  • Subject to group violence - Prisons are often a dangerous place for the first-time offenders who are subjected to group violence and mishandling by the police.
  • Health and safety - Overcrowded jails and lack of adequate infrastructure results into health and safety hazards for the undertrials. Most of the undertrials belong to poor socio economic background and thus exhibit poor health indices. When such people are cramped in with each other in unhealthy conditions, infectious and communicable diseases spread easily among them.
  • Homosexual Abuse - Undertrial prisoners also face homosexual abuse as prisons are places where same-sex people are lodged. Resistance showed by them leads to aggravated violence on them. Sometimes they are subjected to massive homosexual gang rapes. This leads to trauma forcing them to commit suicide.
  • Social Stigma against family - Due to long absence of the main bread winner, family of the under-trial prisoner many a time is forced into destitution and also faces social stigmatization. In many cases this may result into children turning towards delinquency and exploitation by others.

Stand of Higher Judiciary 

  • The Supreme Court in the case of Sharifbai v. Abdul Razak (1960) held that if the accused person in not produced before the magistrate within the stipulated time, then such detention will be wrongful.
  • In State of Rajasthan V. Balchand alias Baliay (1977), the Supreme Court has ruled that it is not necessary to detain the accused person in court if the appearance of the accused can be secured by other means. The court also stated that bail and not jail should be the norm.
  • The Supreme Court held in M.H. Hoskot v. State of Maharashtra (1978) and Hussainara Khatoon v. State of Bihar (1979) that a procedure which does not make legal services available to an accused person who is too poor to afford a lawyer and who would have to go through the trial without legal assistance cannot be regarded as reasonable, fair and just under Article 21 of the Constitution of India. It also said that a prisoner who is seeing his liberation through the court process should have legal services made available to him.

To conclude 

The number of undertrials in prison can be reduced only by speeding up the trial, simplifying of the bail procedure and by periodic review of the cases of undertrials. Moreover, there should a separate prison for undertrial prisoners.

Raw material availability will be key issue for steel industry

Context: According to the recent ‘Steel Outlook 2023-24’ report released by Deloitte – raw material availability will be the key challenge for the steel industry.

Steel Industry

India became independent in the middle of 20th century and looked to become self-reliant under its newly adopted model of a mixed economy. Simultaneous development of the primary, secondary, and tertiary sectors was necessary to achieve the goal at hand. Steel acted as a vital link between these sectors, serving as both a raw material and intermediate product. The extensive usage of steel in various complex industries that deal with reactive and non-reactive elements is due to its high corrosion resistance.

The manufacturing sector benefits significantly from the properties of steel, such as immense strength, low weight, durability, and ductility, which come at a low cost. India's economic growth owes much to the immense contribution of steel, as evident from the similar growth patterns of steel production and GDP in the country. This dependence on steel is highlighted by the rise in national consumption of finished steel, which increased from 6.5 MT in 1968 to 98.71 MT in 2018.

Facts about Steel Industry:

  • Steel industry contributes slightly more than 2% to the GDP of the country. 
  • The steel industry employs nearly half a million people directly and two million people indirectly. 
  • The output effect of steel on Indian economy is approximately 1.4x with an employment multiplier of 6.8x. 
  • World Steel Association, estimated that for every two jobs created in the steel industry, 13 more jobs are created across the supply chain.
  • Currently India, is the world’s second largest producer of crude steel.
  • India was a net exporter of finished steel in the year 2022.
image 31

Production in India:

image 30

Growth Prospects of the Indian Steel Industry:

In the last 10-12 years, India's steel industry has experienced significant growth fuelled by consistent domestic demand. Production has surged by 75% while the domestic steel demand has increased by approximately 80% since 2008.

Government introduced the National Steel Policy in 2017, which envisions the growth trajectory of the Indian steel industry till 2030–31.

Features of National Steel Policy 2017:

  • Steel-making capacity is expected to reach 300 million tonnes per annum by 2030–31.
  • Crude steel production is expected to reach 255 million tonnes by 2030–31, at 85% capacity utilisation.
  • Production of finished steel to reach 230 million tonnes, assuming a yield loss of 10% for conversion of crude steel to finished steel – that is, a conversion ratio of 90%.
  • With 24 million tonnes of net exports, consumption is expected to reach 206 million tonnes by 2030–31.
  • Per capita steel consumption is anticipated to rise to 160 kg.
  • An additional investment of INR 10 lakh crore is envisaged.
image 29

Challenges of Steel Industry:

  • Finance: Steel is a capital-intensive sector and around INR 7,000 crore is required to set up 1 tonne of steel-making capacity through the greenfield route. The cost of financing any expansion or new steel capacity is usually through borrowed capital. In India the cost of finance is extremely high compared to the cost of finance in countries like China, Japan and Korea. Moreover, steel demand is cyclical and  during a downturn, the return on investments gets eroded. 
  • Logistics: Indian steel makers face significant challenges in managing their logistics requirements, which can be arduous and expensive. This is primarily due to the nature of the raw materials required for steelmaking, such as iron ore and coal, which are both bulk minerals. Steel itself is also a bulk commodity, which makes transportation of both raw materials and finished steel to demand centres a difficult task. Despite railways being the preferred mode of transportation for steel makers, they encounter significant infrastructure limitations that add to the complexities of managing logistics for Indian steel makers.
  • Tax, duties and cess: Government has recently lowered corporate tax rates to 25%, there are certain non-creditable taxes, duties and cesses, specifically paid by the steel sector, which reduce the competitiveness of Indian steel products in the international market.
  • Raw materials: India's rich deposits of iron ore and coal are offset by the country's insufficient reserves of coking coal. To achieve its goal of 300 million tonnes of steel-making capacity, as outlined in the National Steel Policy, India plans to rely heavily on the blast furnace method, which necessitates the use of coking coal. However, India's reliance on imports from Australia to meet its coking coal demands is subject to fluctuations in supply and price due to unpredictable weather patterns.
  • Environment and energy consumption: Increasingly, environmental concerns are taking centre stage and the Indian steel industry is not immune to this trend. The steel industry is energy-intensive and is the second biggest consumer of energy globally. This leads to a higher carbon footprint and also affects the immediate environment.

Ocean Currents and the Great Pacific Garbage Patch

Context: Plastic trash is abundant in our urban refuse, rivers, and forests, from the slopes of the highest peaks to the depths of abyssal trenches. A new study by researchers from Canada, the Netherlands, and the U.S. has reported that coastal lifeforms have also colonised plastic items in the ocean.

Debate on Anthropocene epoch

  • This is the name some scientists have proposed for a new period in history characterized by the influence of one species on the planet’s geology, ecosystems and even its fate- none other than Homo sapiens.
  • Scientists are still figuring out when this epoch really began; some include the first nuclear weapon test and rapid industrialization after the Second World War. 
  • For some, this age began with the manufacturing of plastic rubbish, which is widespread in urban waste, rivers, and woods, from the slopes of the highest peaks to the bottoms of abyssal trenches.
  • This got established from a study published on April 17, by researchers from Canada, the Netherlands, and the U.S. They have reported that coastal lifeforms have colonized plastic items the in the Great Pacific Garbage Patch. 

What is a gyre?

A gyre is a large system of rotating ocean currents.

A gyre is a large system of rotating ocean currents.
  • There are five major gyres, which are large systems of rotating ocean currents. The ocean churns up various types of currents. Together, these larger and more permanent currents make up the systems of currents known as gyres.
  • There are five major gyres: the North and South Pacific Subtropical Gyres, the North and South Atlantic Subtropical Gyres, and the Indian Ocean Subtropical Gyre.
  • In some instances, the term “gyre” is used to refer to the collections of plastic waste and other debris found in higher concentrations in certain parts of the ocean. For Example- North Pacific Subtropical Gyre (NPSG).

About North Pacific Subtropical Gyre(NPSG)

  • It is  located just north of the equator in the Pacific Ocean.
  • It consists of the Kuroshio, North Pacific, California, and North Equatorial currents and moves in a clockwise direction. These currents flow adjacent to 51 Pacific Rim countries.
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About Great Pacific Garbage Patch

  • Inside North Pacific Subtropical Gyre(NPSG), just north of Hawai’i, lies a long east west strip where some of the debris in these currents has collected over the years. 
  • The eastern part of this is the Great Pacific Garbage Patch. 
  • Great Pacific Garbage Patch as per one estimate, 1.6 million sq. km big and more than 50 years old. It contains an estimated 45,000 1,29,000 metric tonnes of plastic, predominantly in the form of microplastics. 
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The Findings of the study 

  • The tsunami off the Japanese coast in 2011 contributed to the debris in this garbage patch.
  • Researchers had found debris washing ashore on the West coast of North America containing live lifeforms originally found in Japan. 
  •  Researchers studied plastic debris from the eastern part of the NPSG and they found that 98% of the debris items had invertebrate organisms. They also found that pelagic species (species of the open ocean) were present on 94.3% of them and coastal species on 70.5%. 

The relevance of the findings

  •  The introduction of a vast sea of relatively permanent anthropogenic rafts since the 1950s” has given rise to a new kind of “standing coastal community” in the open ocean”, called as neo pelagic community. 
  • According to research “that while coastal species have been found on human made objects in the open ocean before, they were always considered to have been “misplaced” from their intended habitats. 
  • The neo pelagic community, on the other hand, is not misplaced but lives on plastics items in the garbage patch, including reproducing there. 
  • The finding recalls a study published on April 3, in which researchers reported that polyethylene films had chemically bonded with rocks in China. This, in turn, is reminiscent, of the “anthropoquinas” of Brazil (sedimentary rocks embedded with plastic earrings) and the “plastiglomerates” of Hawai’i (beach sediment + organic debris + basaltic lava + melted plastic). 

About Ocean currents 

  • They are the continuous, predictable, directional movement of seawater driven by gravity, wind (Coriolis Effect), and water density. 
  • Ocean water moves in two directions: horizontally and vertically.
    • Horizontal movements are referred to as currents, while vertical changes are called upwellings or downwellings.
About Ocean currents 
About Ocean currents  2

Types of Currents

Based on depth

Surface currentsSub Surface currents
Found up to 400 m of depth.Beyond 4oo m depth.
Constitute around 10% of the total water in ocean.90% of the total water.
Formed at lower latitudes as higher temperature reduces the density,expands the water and hence the water floats on the surface.Mainly formed at higher latitudes as lowertemperature increases the density and cause them to sink.

Based on Temperatures

Warm CurrentsCold currents
Bring warm water into cold water areasBring cold Water into warm water areas.
Observed on the east coast of continents in the low and middle latitudes (both hemispheres)Found on the west coast of the continents in the low and middle latitudes (bothhemispheres).
In the northern hemisphere they arefound on the west coasts of continents in high latitudes.Found on the east coast in the higher latitudes in the Northern Hemisphere.
Thermal expansion and floatation drive these currents.Thermal contraction and sinking drive these currents.

Factors Affecting Currents

Originating factors

  • Earth’s rotation: the rotational force of the earth causes movement of ocean water near the equator in opposite direction to the west to east rotation of the earth and thus Equatorial currents are generated.
  • Oceanic factors: Temperature, salinity and density differences are responsible for expansion, floatation and sinking of water. E.g. – Labrador current moves as sub surface currents from pole towards equator.
  • Atmospheric factors: Winds drive ocean current in direction in which they move. Rainfall and evaporation create level differences and thus moves the water.

Modifying factors

  • Direction, shape and configuration of coastline: currents flow parallel to coastline. equatorial current after being obstructed by Brazilian coast gets bifurcated into two branches and then moves along the coast.
  • Bottom reliefs: North Atlantic drift is deflected to the right when it crosses Wyville Thompson ridge.
  • Coriolis effect: deflective force affects the direction. Currents flowing from north pole towards equator deflects towards right.
  • Seasonal changes: They alter the direction of motion. E.g. - Indian ocean currents show regional shifts under the influence of monsoonal winds.

Temperature & salinity affecting Ocean circulation:

Temperature and salinity affect the density of water, resulting in water moving up or down through the ocean layers and moving as currents around the ocean.

  • Salinity increases the density of ocean water. This denser water sinks and moves as subsurface current whereas less saline water moves towards greater saline water as surface current. Ex: The current flowing from the Atlantic Ocean to the Mediterranean Sea via Gibraltar Strait is caused by salinity difference.
  • Due to high temperature in the equatorial region the water density decreases because of greater expansion of water particles whereas the density of sea water becomes comparatively greater in the polar areas. Consequently, water moves due to expansion of volume from equatorial region of higher temperature to polar areas of relatively very low temperature. Ex: The Gulf Stream and Kuroshio warm currents move from equator towards north due to the temperature difference.
  • As warm water flows northwards it cools and some evaporation occurs, which increases the amount of salt. Low temperature and a high salt content make the water denser, and this dense water sinks deep into the ocean. The cold, dense water slowly spreads southwards, several kilometers below the surface. Eventually, it gets pulled back to the surface and warms in a process called “upwelling” and the circulation is complete. Ex: Atlantic Meridional Overturning Circulation (AMOC).

Significance of ocean currents

Geomorphic

  • Ocean current along with waves erode, modify and develop coastal as well as submarine landforms.
  • Longshore currents carry along with themselves vast quantities of material and sediments.
  • Currents help to move eroded debris and deposit it as silt, sand, and gravel along the coasts
  • Desert formation: Cold Ocean currents have a direct effect on desert formation in west coast regions of the tropical and subtropical continents.

Climatic

  • Manage global climate by transporting excessive heat from equator towards pole.
  • Modify the coastal climate. E.g.- Gulf stream brings heat to the north-western Europe and lead to moderate conditions.
  • Phenomenon like El-Nino and La-Nina are associated with oceanic currents.
  • Currents along with the wind lead to regional climatic changes. E.g.- Currents along the Indian coast impact the monsoon.
  • Rainfall and fogs are also associated with oceanic currents.

Ecological

  • Distribute oceanic heat and balances the temperature conditions.
  • Carry nutrients and food to organisms that live permanently attached in one place and carry reproductive cells and ocean life to new places. E.g.- Upwelling Benguela current brings the nutrients to the coast of Africa
  • Oceanic gyres are known to trap pollutants thus causing garbage patches. Ex. Great Pacific Garbage Patch.

Economic

  • Commercial fishing grounds are formed where warm and cold current mix. E.g.- Labrador current mixing with Gulf stream near newfoundland.
  • Aids as well as hinder navigation. Current support ships moving in the same direction, but it blocks their way when they carry large amount of ice bergs along with them, especially the colder currents.
  • Currents offer a vast potential to be transformed into energy sources.

Social

  • Play an important role in determining settlements in a coastal region.
  • Impact health of population by altering climatic conditions.

A Judgement that upholds the Constitution

Context: The Supreme Court’s judgment in the Media One case is a landmark decision on freedom of expression and a warning against the misuse of national security rhetoric to cover up state arbitrariness.

About Media one case

(Madhyamam Broadcasting Ltd Media One Headquarters v. Union of India and Others)

It was a judgement passed by Supreme Court on freedom of expression and a blow against sealed cover malpractice. It distinguishes the government from the nation and allows citizens to question the state, admonishing the misuse of national security rhetoric to cover up state arbitrariness.

Sealed cover jurisprudence

In the context of court proceedings, sealed covers refer to envelopes containing confidential or sensitive information that are submitted by government agencies or other individuals upon request by the Supreme Court or lower courts.

Only judges are allowed to access the contents of these sealed covers, and they are not accessible to other parties involved in the case. This practice of requesting evidence in sealed covers and making decisions based on such evidence is commonly referred to as sealed cover jurisprudence. This practice has been in vogue in cases like Rafale fighter jet deal, NRC issue, 2014 BCCI reforms case etc.

Cases in which this jurisprudence is practiced

  • Issues of national security
  • Violation of public order
  • Cases of Money Laundering
  • Cases of Sedition
  • Ban on freedom of speech by media houses
  • Trade involving two nations
  • Issues of privacy - cases involving sexual assaults or child abuse
  • Documents part of ongoing investigation

Criticism of sealed cover jurisprudence

  • It violates the principles of transparency and accountability for Indian Judiciary.
  • It stands in contrast to the idea of an open court where decisions can be subjected to public scrutiny.
  • It impacts the rights of the accused to know the grounds on which its fundamental right - freedom of speech and expression is curtailed.
  • Against Fair Trial and Adjudication - not providing access to such documents to the accused parties obstructs their passage to a fair trial and adjudication.
  • It impacts judicial review - as state need not show to the accused why security of the state is threatened.
  • Violates Principles of Natural Justice - as it creates bias against the accused and the accused is kept in dark on the charges framed against him.
  • Results in arbitrariness in judicial decisions – because the judge is taking decisions based only on the information provided by the government agencies.
  • Judgments in such instances cannot be said to be Reasoned Order.
  • Questions State Practice as in-camera hearing is a possible alternative.

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.

Nagaland’s municipal tightrope

Context: Recently the Neiphiu Rio-led Nagaland repealed the Nagaland Municipal Act of 2001. This led to the cancellation of the State Election Commission’s March 9 notification for holding elections to Nagaland’s 39 urban local bodies (ULBs) with 33% of the seats reserved for women. The apex court has, however, stayed the notification cancelling the civic body polls.

Why is there opposition to ULB polls?

  • Nagaland is arguably the only State where ULB seats are not reserved for women as mandated by clause IV of the 74th Amendment to the Constitution of India.
  • Most of the traditional tribal and urban organisations oppose the 33% reservation of seats for women as they argue that such reservation would violate the special provisions granted by Article 371A of the Constitution to Nagaland.
  • The hohos (apex tribal bodies) point out that women have traditionally not been part of decision-making bodies.

Article 371A

The Article states that no Act of Parliament would apply to the religious or social practices of the Nagas, Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, and ownership and transfer of land and its resources.

Have such polls ever been held in Nagaland?

  • The first and only civic body election in Nagaland was held in 2004 without any reservation of seats for women.
  • The State government amended the 2001 Municipal Act in 2006 to include 33% reservation for women in line with the 74th Amendment.
  • This triggered widespread opposition forcing the government to indefinitely postpone the ULB polls in 2009.
  • Efforts to hold the elections in March 2012 met with strong protests and in September 2012, the State Assembly passed a resolution to exempt Nagaland from Article 243T of the Constitution which is related to the reservation for women.
  • This resolution was revoked in November 2016 and elections to the civic bodies with 33% reservation were notified a month later.
  • The notification led to widespread mayhem in which two people were killed in large-scale violence and arson.
  • This made the government declare the process to conduct an election null and void in February 2017.

Why did the government decide on ULB polls this time?

  • Under pressure from the Supreme Court, the Rio government laid the ground for holding ULB polls after consultations with various stakeholders, including churches, NGOs, and tribal bodies in March 2022.
  • The State Election Commission on March 9 notified that the polls would take place on May 16.
  • The tribal bodies and civil society organisations threatened to boycott the polls until the “borrowed” Municipal Act of 2001 factoring in women’s reservation is “reviewed and rewritten in complete consonance of the voice of the Naga people” so that it does not infringe upon Article 371A.
  • The government succumbed to public pressure and repealed the Municipal Act with immediate effect as the people “cannot be compelled” to participate in the elections.

What is the way forward?

  • The groups against reservation for women want a “guarantee” that the 33% quota would not violate the provisions of Article 371A.
  • Before “rushing to conduct” the ULB elections, they suggested that the duration of the reservation should be capped at two tenures and demanded that the post of chairperson should not be reserved for women.
  • The Naga Mothers’ Association (NMA) said that the State government erred in not listening to or consulting with women’s organisations before taking the decision to repeal the Municipal Act.
  • The Supreme Court pulled up the Nagaland government for adopting an “ingenious method” of repealing the Municipal Act to evade the undertaking given to the court for holding the polls.
  • The apex court also noted, “Nothing has so far emerged (with respect to Article 371A) to advance a plea that religious or social practices of Nagas or Naga customary law and procedure denies the right of equality to women insofar as the participatory process is concerned in such elections”.

India to host maiden Global Buddhist Summit

Context: Leaders and scholars from the global Buddhist community will convene in New Delhi to discuss contemporary global concerns from a Buddhist approach. The maiden conference is being organised by the Union Cultural Ministry and the International Buddhist Confederation, an umbrella organisation that acts as a forum for Buddhists worldwide. The conference is considered as a big step forward in India's aspirations to interact with Buddhism, which has millions of adherents worldwide. Recently, India, as chair of the Shanghai Cooperation Organization (SCO), hosted a meeting on Buddhist heritage that included all countries.

Theme of the Summit: ‘Responses to Contemporary Challenges from Philosophy to Praxis’. 

India to host maiden Global Buddhist Summit
Image source: narendramodi.in

Objectives of the Summit

  • The gathering's major objective is to explore methods of disseminating and internalising universal principles while encouraging collaboration among Dharma practitioners across philosophical, cultural, and national boundaries.
  • The ultimate objective is to solve acute global concerns while also developing a long-term plan for a peaceful and harmonious future.
  • The summit intends to explore Buddhist teachings and practices in order to identify answers to challenges like- climate change, poverty and war, among others.

About Buddhism

Buddhism belongs to the Shramana school of religious movements. The word Shramana means one who performs acts of austerity and ascetic. 

Basic details of Buddha

  • Buddha was born at Lumbini village of Kapilavastu Nepal in 563 BC in the Shakya Kshatriya clan.
  • His clan considered themselves to be descendants of Ikshvaku dynasty.
  • He died in 483 BC near Kushinara (Kushinagar, UP) and the event is known as Mahaparinirvana.
  • Mahabhiraskramana or the Great Going Forth is the event when Gautam Buddha left his home and discarded worldly life.

Places Visited by Buddha

  • After leaving his home in search of enlightenment Buddha visited Vaishali and learnt Sankhya darshan. He then went to Rajgriha and learnt yoga.
  • He later went to Uruvela where he attained enlightenment. This event is known as Sambodhi.
  • He then went on to Sarnath where he delivered his first sermon also called Dharmachakrapravartana. Buddha delivered his maximum sermons from Shravasti and made Magadha his promotional centre.
  • Ashta-mahasthana refers to the eight significant places associated with the life of Buddha. These include: Lumbini, Bodh Gaya, Sarnath, Kushinagar, Shravasti, Sankissa, Rajgriha and Vaishali.

Religious Teachings 

  • Buddhism is based upon triratnas i.e., Buddha, Dhamma and Sangha.
  • Buddha propagated Ashtangik marga also called Madhya marga. He was always silent on the discussion of the existence of God but believed in rebirth.
  • Buddha was against caste system and opened the gates of Buddhism for all castes. He allowed women to be admitted in sangha.
  • Buddha suggested that when desires are conquered, nirvana will be attained which means that a man will become free from the cycle of birth and rebirth.
  • Buddha’s chief disciple was Upali, and his most favourite disciple was Ananda. Buddha regarded the social world as creation of humans rather than of divine origin. Therefore, he advised kings and gahapatis to be humane and ethical. 

Buddhist Councils

  • 1st Buddhist Council
    • Place: Rajgriha, Bihar 
    • Ruler: Ajatshatru
    • Accomplishment: Buddha’s teachings were compiled into Sutta Pitaka (Ananda) and Vinaya Pitaka (Upali)
  • 2nd Buddhist Council
    • Place: Vaishali 
    • Ruler: Kalashoka (Shishunaga dynasty)
    • Accomplishment: Buddhist sangha was divided into schools i.e., Theravada or Sthavira and Mahasanghik or Sarvastivadin.
    • Theravadi is the oldest Buddhist school with its main center in Kashmir. Mahasanghik’ s main center was in Magadha.
  • 3rd Buddhist Council
    • Place: Pataliputra 
    • Ruler: Ashoka
    • Accomplishment: Compilation of the third pitaka i.e., Abhidhamma Pitaka which explains the tenets of Dhamma.
  • 4th Buddhist Council
    • Place: Kashmir 
    • Ruler: Kanishka
    • Accomplishment: Compilation of Vibhashashastra by Vasumitra, a commentary in Sanskrit on the difficult aspects of Buddhist texts.

Buddhists again broke into 2 schools i.e., Theravadi or Sthavira became Hinayana and Sarvastivadin or Mahasanghik became Mahayana schools.

Sects in Buddhism 

  • Buddhist texts mention about 64 sects or schools of Buddhism. Teachers travelled from place to place, trying to convince one another and laypersons about the validity of their philosophy. 
  • Debates took place in the Kutagarashala – literally, a hut with a pointed roof or in groves where travelling mendicants halted. 
  • If a philosopher succeeded in convincing one of his rivals, the followers of the latter also became his disciples. So, support for any sect could grow and shrink over time. 

Prominent sects of Buddhism

1. Hinayana School

  • Hinayana is also known as Shravakayana. They saw Buddha as a great soul but not God. They were orthodox in nature. 
  • Hinayana followers believed in helping themselves over others to attain salvation. They did not believe in Bhakti and idol worship. Their scriptures are written in Pali.
  • Later divided into 2 sects i.e., Vaibhashika and Sautrantika. 
  • Sub-schools of Hinayana: 
    • Staviravadin or Thervadins: Earliest school from which all other schools of Buddhism originated. They follow the original doctrines of Buddha closely. They believe only in the three Pitakas.
    • Sarvastivada: This is one of the early Buddhist schools which originated during the time of Ashoka (Separated from Sthaviravadins). This school is popular in Kashmir and Central Asia. This school has been broadly divided into- Vaibhasika and Sautantrika. 
    • Mahasanghika: It is a school which came into existence after the 2nd Buddhist Council. It separated from the Staviravadis over the differences in following monastic practices. Sub-sects of Mahasanghika school are- Lokottarvada, Kukkutika and Caitika. 
    • Sammitiya: A subsect of Hinayana tradition which believes that though an individual does not exist independently from the five skandhas, or components that make up his personality, he is at the same time something greater than the mere sum of his parts. It popular in Gujarat and Sindh during 7th Century. Their important centre of learning was at Valabhi, Gujarat.

2. Mahayana School

  • Its prime centre was in Andhra Pradesh. Its scriptures are written in Sanskrit.
  • They see Buddha as incarnation of God and started his idol worship.
  • Mahayana attaches importance to role of Bodhisattvas who delay their own salvation to help others to its path.
  • They believed in the concept of transmigration of soul and rebirth. Later divided into 2 sects i.e., Shunyavaad (Founder: Nagarjuna) and Vigyanvaad. 
  • In 8th century AD, Vajrayana School developed as an offshoot of Mahayana school in which Tara is considered as wife of Buddha.
  • In early medieval period a new form of Mahayana called Mantrayana came up in which Bodhisattva Avalokiteshwar began to be worshipped.
  • Sub-Schools of Mahayana
    • Yogachara School: Important scholars of this school were: Asanga and Vasubandhu. It attaches foremost importance to meditation as a means of attaining the highest goal. Hence, the name Yogachara.
    • Madhyamaka School: Founder of this school was Nagarjuna. Idea of Shunyata is important feature of this school. It means that appearances are misleading, and that permanent selves and substances do not exist. Important scholars of this school were Buddhapalita, Bhavaviveka and Chandrakirti.

Boddhisatvas in Mahayana Buddhism

BODDHISATTVARELEVANCE
AvalokitesvaraBodhisattva of compassion. Most universally acknowledged Bodhisattva in Mahayana Buddhism.Has many avatars, most famous being Padmapani (Holding Lotus).
MaitreyaBoddisattva to be reborn. Future Boddhisattva.
ManjushriBoddisattva of awareness and wisdom.
PadmasambhavaMost famous in Tibetan and Bhutanese Buddhism. Regarded as a second buddha there.
VajrapaniAn early bodhisattva in Mahayana. Vajra means weapon.
TaraFemale bodhisattva in Tibetan Buddhism. A manifestation of Avalokitesvara.She represents the virtues of success in work and achievements. A manifestation of Avalokitesvara.

Buddhist Literature

  • Tripitakas are the oldest source of studying Buddhism. 
  • Sutta Pitaka: Encyclopedia of Buddhist thought and Buddhas religious ideas. It is divided into five groups or Nikayas. They contain popular works such as Theragatha and Therigatha and Jataka tales.
  • Vinaya Pitaka: Rules of Buddhist Sangha. It contains two main sections (i) Sutta Vibhanga (ii) Khandaka and an appendix known as Parivara. Sutta Vibhanga contains Patimokka, a set of monastic rules, 227 for monks and 311 for nuns. Patimokka was recited by congregations of monks in the fortnightly uposatha ceremony held on the full moon and new moon days. 
  • Abhidhamma Pitaka: Buddhist principles and concept of dhamma
  • Vishuddhimarga written by Ashvaghosha serves as a key composition to tripitakas.
  • Mahavastu (by Hinayana sect) and Lalitvistara (by Mahayana sect) are biographies of Buddha.
  • Pragyaparimita Sutra serves as the most important text for Mahayana sect. It was written by Nagarjuna who is known as the Einstein of India.

Buddhist Sangha

  • Eight personal possessions allowed to a monk comprised three robes, an alms bowl, razor, needle, belt and water strainer.
  • Senior monks held authority within a monastic community. 
  • Four most serious offences (known as parajika) involving expulsion from sangha were: (i) Sexual intercourse, (ii) killing someone (iii) Stealing (iv) Making false claims of spiritual attainment.

Buddhist Laity

  • According to tradition, first lay followers of Buddha were two merchants, Tapassu and Bhallika.
  • The laity was a person who had taken refuge in Buddha, dhamma and sangha but had not taken monastic vows. The laity included male followers (upasakas) and female followers (upasikas). 
  • There was a growing differentiation (social-stratification) amongst people engaged in agriculture – Buddhist literature refers to landless agricultural labourers, small peasants and large landholders. 
  • The term Gahapati was used in Pali texts to refer to small peasants and large landholders.

Buddhism and Women

  • Initially, only men were allowed into the sangha, but later women also came to be admitted. (In Buddha’s lifetime only).
  • This was made possible through the mediation of Ananda (Buddha’s dearest disciple). 
  • Buddha’s foster mother, Mahapajapati Gotami was the first woman to be ordained as a bhikkhuni. 
  • Therigatha is a collection of verses composed by bhikkhunis (part of Sutta Pitaka). It provides an insight into women’s social and spiritual experiences. 

Reasons for decline of Buddhism

  • Decline of Buddhist Sanghas: Sanghas became centres of corruption. Discipline of Vinay Pitaka was violated. 
  • Revival of Brahmanical Hinduism: Rites and rituals of Hinduism were simplified. It also incorporated Buddhist principle of non-violence and accepted Buddha as a Hindu incarnation.
  • Buddhism lost royal patronage, which it received during the period of Asoka, Kaniska, and Harshavardhana. The Gupta rulers were great patrons of the Brahmanical religion.
  • Buddhism was divided into several groups like "Hinayana,” "Mahayana” "Vajrayana” "Tantrayana" and "Sahajayana," and ultimately, it lost its originality.
  • Buddhist monks gave up Pali and took up Sanskrit, the language of intellectuals which was rarely understood by the common people. So, people rejected it.
  • Mahayana Buddhists started worshipping Buddha as a God. Image worship was a clear violation of the Buddhist doctrines, which opposed the critical rites and rituals of Brahmanical Hinduism.
  • Northern India was mostly ruled by the Rajputs from the eight to twelfth century who found great pleasure in fighting. They discarded the Buddhist principle of non-violence.

Kaziranga National Park & One Horned Rhino

Context: The Kaziranga National Park has requested the Eastern Command chief for the Army's assistance in building three Bailey bridges to replace wooden structures in flood-prone areas.

More on news:

The Eastern Command chief, has received a request from Kaziranga National Park to build three Bailey bridges to replace wooden structures in vulnerable areas that are frequently flooded. The bridges would improve connectivity and shorten routes to the vulnerable areas, making it easier for forest guards to coordinate and protect the one-horned rhino population. The bridges, which would be built in Mihi, Kathparaghat, and Rongamotia, would be 4 meters wide and between 30-100 meters long.

Kaziranga National Park

  • It is a national park which is located in the state of Assam, India. 
  • It hosts two-thirds of the world's Indian rhinoceroses and is a UNESCO World Heritage Site. 
  • It was declared a Tiger Reserve in 2006. 
  • It is home to large populations of elephants, wild water buffalo, and swamp deer.
  • It is also recognized as an Important Bird Area by BirdLife International.

Greater One horned Rhino

image 11
image 10
  • It is the largest of the rhino species and identified by a single black horn and a grey-brown hide with skin folds. 
  • The species is solitary, except when adult males or rhinos nearing adulthood gather at wallows or to graze. 
  • They primarily graze, with a diet consisting of grasses as well as leaves, branches of shrubs and trees, fruit, and aquatic plants.
  • IUCN Status: Vulnerable

Sumatran Rhino

image 9
  • They are the smallest species of Rhino.
  • They have two horns that are dark grey to black in colour. 
  • They are fast runners and are very agile. 
  • IUCN Status: Critically Endangered

Javan Rhino

image 8
  • They are most threatened of the five rhino species, with only around 60 individuals that live only in Java, Indonesia. 
  • It has a dusky grey colour and a single horn of up to about 10 inches. 
  • It is very similar in appearance to the closely-related greater one-horned rhinoceros.
  • IUCN Status: Critically Endangered

Black Rhino

image 7
  • Among black and white rhinos, black rhinos are the smaller of the two African rhino species. 
  • It is native to eastern and southern African countries.
  • Black and white rhinos can be distinguished by the shape of their lips. 
  • Black rhinos are browsers, rather than grazers, meaning they are herbivores who do not feed on low-growing vegetation.
  • They have two horns, which grow continually from the skin at their base throughout the rhino’s life (like human fingernails).
  • IUCN Status: Critically Endangered

White Rhino

image 6
  • They are the second-largest land mammal and also known as the square-lipped rhinoceros.
  • The majority (98.8%) of the southern white rhinos occur in just four countries: South Africa, Namibia, Zimbabwe, and Kenya. 
  • They are the only of the five rhino species that are not endangered. 
  • IUCN Status: Near Threatened

Chidambaram says 83% of MUDRA loans too small for business

Context: Recently Prime Minister MUDRA (Micro Units Development Refinance Agency) Yojana completed 8 years.  Reports say that 83% of loans given under the scheme were under Rs. 50000.

About PM MUDRA Yojana

  • The scheme aimed to provide loans up to 10 lacks to non-corporate, non-farm small/micro enterprises.
  • Under the aegis of PMMY, MUDRA has created three products namely '

1. ‘Shishu' covers loans upto Rs. 50000

2. 'Kishore' covers loans above Rs. 50000 and upto Rs. 5 lakhs

3. 'Tarun’ Covers loans Above 5 lakhs and upto 10 lakhs

  • These loans are given by Commercial Banks, RRBs, Small Finance Banks, MFIs and NBFCs.
  • MUDRA Bank is nodal agency to implement the scheme

What is MUDRA Bank? 

  • It is a refinancing institution and regulator  for micro-finance institutions.
  • It would be in charge of developing and refinancing the micro-enterprise sector by assisting finance institutions that lend to micro/small business entities engaged in manufacturing, trading, and service activities. 
  • It would collaborate with banks, microfinance institutions, and other lending institutions at the state and regional levels to provide microfinance support to the country's microenterprise sector. 

Achievements under PM MUDRA Yojana

  • A total of 60827414 beneficiaries have taken the loan up to the financial year 2022-23
  • A total of Rs. 442296.46 Crore have been disbursed upto the financial house 2022-23

Limitations of MUDRA Yojana

  • There are a number of already existing refinancing agencies
  • There is a potential conflict of interest due to the nature of the roles and responsibilities of Mudra Bank.
  • Mudra Bank seems to promote shadow banking.
  • There is a better solution to finance micro and small businesses in the form of Microfinance institutions
  • It will lead to an increase in the number of regulators for MFIs

Draconian rules

Context : This editorial is a critical analysis of the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 , and specifically the rules which are dealing with the issue of fake news. This write up sheds light on the recently added provisions and argues how these rules are in contravention to the Fundamental Right of free speech and expression as enshrined in Article 19 of the Indian constitution.

Fake news 

  • Fake news is an inaccurate, sometimes sensationalistic report that is created to gain attention, mislead, deceive or damage a reputation. 

Implications of Fake News

  • Conditioning of knowledge – Levels of penetration of social media has enabled the spread of fake news as a wild fire.  In lack of proper authentication check soon it becomes a validated knowledge thus helping in creating a wrongly modulated environment against or in favour of anything. For ex : Our national anthem being recognised as worlds best anthem by UNESCO.
  • Polarization and Politicization -  Fake news is being used as a tool by political parties as well as prominent news channels to build a narrative which is suitable to their cause. The end result is again a fabricated environment, which often serves a narrow objective. For ex. Union Home ministry used the picture of Spain Morocco border in its annual report to show that it had installed floodlights in border areas.
  • Social Disharmony – Fake narratives often creates hatred among communities , this results into incitement of violence. Fake news has also been used to radicalization of youth which poses threat to national security at various levels. For ex . Use of fake news in Muzaffarnagar riots of 2013 ; and recent Fake videos of migrant workers in Tamilnadu which created an atmosphere of fear and stress among the population.

Regulations in India

  • India does not have a robust and exclusive framework for curbing the menace of the fake news.
  • However government by the use of Section 69A of the Information technology Act, 2000, has granted itself greater power to strike down any unpalatable content. 
  • Some provisions of The Disaster Management Act 2005 and the Epidemic Diseases Act 1897 are evoked to regulate the fake news.
  • Indian Penal Code 1860 deals with fake news specifically causing riots and defamation cases.
  • Government has come up with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 , or IT Rules, 2021 to regulate content by online publishers of news and social media intermediaries.
  • Now recent amendments in this Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, have drawn criticism from various experts , who term it as an attempt by government to curb the exercise of free speech and expression.

INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS) RULES, 2021

Ministry of Electronics and Information Technology (MEITY) has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics) Rules, 2021 to regulate IT intermediaries such as Twitter, Facebook and digital media outlets. While many IT intermediaries have complied to these rules Twitter has failed to comply with them.

CONCERNS HIGHLIGHTED ON IT RULES

Privacy versus National Security - The rules only make superficial attempts at balancing privacy and security interests as security interests are being given primacy over both civil liberty interests as well as economic interests.

Breaking End-to-end Encryption - The traceability obligation (i.e. to track—and be able to identify—the originator of any message) in the new rules is problematic as it would amount to breaking end-to-end encryption provided for all users on platforms such as WhatsApp. This will give greater powers of surveillance to state over personal affairs of citizens and tantamount to interference in right to privacy.

Data Theft & Hacking - Breaking of end-to-end encryption will increase chances of data theft and hacking.

Traceability clause capable of misuse - The rule as it’s currently drafted is vague and this allows the government to use traceability power in a broad way and therefore open to misuse. Thus, to use traceability powers, court must clarify the grounds and circumstances for its use by state authorities.

Limited Purview of IT Act - Regarding digital news and media portals, the purview of the Information Technology Act, 2000, is limited. It only extends to the blocking of websites and intermediary liabilities framework but does not extend to content authors and creators.

Information Technology (Intermediary Guidelines and Digital Media Ethics code) Amendment rules, 2023

Objective: Government Notified Amendments for an Open, Safe, Trusted and Accountable Internet. These amendments layout a comprehensive framework for Online Gaming Eco-system and also deals with Fact checking related to online content pertaining to Government.

Amendments: It has been made obligatory on the part of intermediaries to make reasonable effort to not host, publish or share any online game that can cause the user harm, or the content that has not been verified as a permissible online game by an online gaming self-regulatory body/bodies designated by the Central Government. The self-regulatory body will have the authority to inquire and satisfy itself that the online game does not involve wagering on any outcome.The amended rules also cast additional obligations on online gaming intermediaries in relation to online games involving real money.

These include the displaying of a mark of verification by the self-regulatory body on such games;informing their users of the policy for withdrawal or refund of deposit, manner of determination and distribution of winnings, fees and other charges payable; obtaining the KYC details of the users; and not giving credit or enabling financing by third parties to the users.The amended rules now also make it obligatory on the intermediaries to not to publish, share or host fake, false or misleading information in respect of any business of the Central Government. These fake, false or misleading information will identified by the notified Fact Check Unit of the Central Government.

Concern About These Amendments:

It is in contravention to “safe harbour” protections in Section 79 of the IT Act, which allows intermediaries to avoid liabilities for what third parties post on their websites. These notified amendments can bypass Section 69A of the IT Act, 2000 which elucidates the procedure to issue takedown orders. According to author , a threat to remove a platform’s immunity for content that is flagged by a government unit, would create a “chilling effect” on the right to speech and expression on online platforms. 

Challenges in Curbing fake news in India 

  • Regulation vs Rights Conundrum  - Flagging of fake news often gets entangled between debate of intention. While those proponent term it as necessity to maintain tranquillity and order, critics term it as attempt of curbing free speech.
  • Low Digital literacy – As per India Inequality report 2022 , around 70% of the population has poor or no digital connectivity. Now such a low level of digital literacy acts as a barrier in verification and authenticity of the news.
  • No dedicated framework – Lack of robust and exclusive framework has affected the efforts in curbing fake news at every stages. For ex- insufficient infrastructure for verification, no penalties etc all have contributed in flourishing of this trend.
  • Inherent Nature of ICT – Anonymity of content creator poses greatest challenge in front of the regulatory bodies as well as intermediaries to track and address the issue of fake news.

Way forward

  • Users 
    • Digital literacy about verification and authentication of any published facts or reports should be promoted.
    • Sensitization of publishers and content creators about the impacts and repercussions of the fake news and its propagations.
  • Intermediaries
    • Should be encouraged to formulate policy and actions in tracking and removing fake news.
  • Government 
    • Strengthening Regulations and their application is of utmost importance. Fact check mechanism should be made robust and effective. 
    • Transparency in identification and regulation should be adopted to address the concerns of various stakeholders.

National Human Rights Commission

Context: The All India Kisan Sabha (AIKS) has alleged that farmers were attacked and their sources were destroyed during the post-poll violence in Tripura. Leaders of the AIKS demanded urgent intervention of the National Human Rights Commission to control the violence.

Introduction about NHRC

The National Human Rights Commission (NHRC) of India was established in 1993. The statute under which it is established is the Protection of Human Rights Act (PHRA).

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 1991, and endorsed by the General Assembly of the United Nations.  

The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.

The Protection of Human Rights Act (PHRA), 1993 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.  

Sub Committee on Accreditation (SCA) 

The National Human Rights Commission, India has retained its 'A' status of accreditation with the Global Alliance of National Human Rights Institutions, GANHRI.

The accreditation is given after a rigorous process of review of the NHRI by the GANHRI through its Sub Committee on Accreditation (SCA). 

The United Nations' Paris Principles provide the international benchmarks against which national human rights institutions (NHRIs) can be accredited. 

Paris Principles

The Paris Principles set out six main criteria that NHRIs require to meet. These are: Mandate and competence, Autonomy from Government, Independence guaranteed by a Statute or Constitution, Pluralism, Adequate resources; and adequate powers of investigation. 

Functions

The NHRC has the following key functions:  

  • To bridge the gap between responsibilities of the State and the rights of individuals 
  • To intervene in any judicial proceeding involving allegations of violation of Human Rights pending before a Court 
  • To protect Human Rights and recommend measures for their effective implementation 
  • To monitor and evaluate the factors, including acts of terrorism that curtail the enjoyment of Human Rights and recommend appropriate remedial measures 
  • To study treaties and other international instruments 
  • To enquire into complaints of violation of Human Rights 
  • To conduct research in the field of Human Rights 
  • To spread Human Rights literacy and awareness 
  • To encourage the efforts of Non-Governmental Organisations and Human Rights Defenders 
  • Assessment of developments in areas like IT, sports, business etc. impinging on Human Rights protection 
  • To perform any such functions as it may consider necessary for the promotion of Human Rights as provided in the Protection of Human Rights Act, 1993

Type of complaints not entertained by the Commission

Ordinarily, complaints of the following nature are not entertained by the Commission:

a) In regard to events which happened more than one year before the making of the complaints;

b) With regard to matters which are sub-judice;

c) Which are vague, anonymous or pseudonymous;

d) Which are of frivolous nature;

e) Which pertain to service matters.

Composition

The NHRC consists of: The chairperson and five members (excluding the ex-officio members)  

  • A Chairperson, who has been a Chief Justice of India or a Judge of the Supreme Court. 
  • One member who is, or has been, a Judge of the Supreme Court of India and one member who is, or has been, the Chief Justice of a High Court.
  • Three Members, out of which at least one shall be a woman to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.
  • In addition, the Chairpersons of National Commissions viz., National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women , National Commission for Minorities, National Commission for Backward Classes, National Commission for Protection of Child Rights; and the Chief Commissioner for Persons with Disabilities serve as ex officio members.

The sitting Judge of the Supreme Court or sitting Chief Justice of any High Court can be appointed only after the consultation with the Chief Justice of India.

Appointment

The Chairperson and members of the NHRC are appointed by the President of India, on the recommendation of a committee consisting of:

  • The Prime Minister (Chairperson)
  • The Home Minister
  • The Leader of the Opposition in the Lok Sabha 
  • The Leader of the Opposition in the Rajya Sabha 
  • The Speaker of the Lok Sabha 
  • The Deputy Chairman of the Rajya Sabha 

Limitations

  • Human right commissions can (including State Human Right Commissions) only make recommendations, without the power to enforce decisions. This lack of authority to ensure compliance has unfortunate consequences.
  • The Protection of Human Rights Act, 1993 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.
  • Under the Act, human rights commissions cannot investigate an event if the complaint was made more than one year after the incident. Therefore, a large number of genuine grievances go unaddressed.
  • State human rights commissions cannot call for information from the national government, which means that they are implicitly denied the power to investigate armed forces under national control.
  • Most human rights commissions are functioning with less than the prescribed Members. This limits the capacity of commissions to deal promptly with complaints, especially as all are facing successive increases in the number of complaints.
  • Scarcity of resources - or rather, resources not being used for human rights related functions - is another big problem. Large chunks of the budget of commissions go in office expenses and in maintaining their members, leaving disproportionately small amounts for other crucial areas such as research and rights awareness programmes.
  • 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. 

The presence of security guards, armies of peons and office attendants creates barriers for ordinary people to personally meet officials in regard to their complaint.

Suggestion for reforms

  • The effectiveness of human rights commissions will be greatly enhanced if their decisions are immediately made enforceable by the government. 

This will save considerable time and energy as commissions will no longer need to either send reminders to government departments to implement the recommendations or alternatively to approach High Courts through a cumbersome judicial process to make the government take action.

  • Commissions must also have clear and well-defined powers to proceed against government departments furnishing false reports.  This will assist in preventing the many instances where the departmental version of events is more often than not a white-wash, particularly in those cases where the police has been accused of violations.
  • As non-judicial member positions are increasingly being filled by ex-bureaucrats, credence is given to the contention that commissions are more an extension of the government, rather than independent agencies exercising oversight. 
  • If commissions are to play a meaningful role in society, they must include civil society human rights activists as members.
  • Complaints regarding police excesses and misbehaviour take up most of the time of human rights commissions. It is perhaps time to think about an alternative agency, dedicated solely to civilian oversight of the police. 

Here we can learn from international experience: the UK, for instance, has an Independent Police Complaints Commission; South Africa has an Independent Complaints Directorate; and Brazil has Police Ombudsmen offices is some provinces to deal exclusively with police complaints. 

End note: Reform initiatives can only bear fruit when ordinary citizens take an active interest in good governance and human rights. 

Himachal considering legalising cultivation of cannabis says CM

Context: Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu announced that the State government is considering legalising the cultivation of cannabis. The announcement was made during the Budget Session of the State Assembly in Shimla. The State government is cautious about the potential increase in drug use and has formed a five-member committee of MLAs to conduct a thorough study of each and every aspect related to cannabis cultivation in the State.

Background:

  • India banned the cultivation of the cannabis plant under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in 1985. 
  • However, the act allows state governments to allow controlled and regulated cultivation of hemp for obtaining its fibre and seed for industrial or horticultural purposes. 
  • In 2018, Uttarakhand became the first state in the country to legalise the cultivation of only those strains of the cannabis plant which have a low concentration of tetrahydrocannabinol (THC), the primary psychoactive constituent of cannabis that produces a high sensation.
  • Uttar Pradesh followed a similar policy, while Madhya Pradesh and Manipur are also considering it.

Uses and Benefits of Hemp

  • Traditionally in Himachal, hemp is used for footwear, ropes, mats, and food. Kept people warm, and energetic in the snow. CM said seeds are used for paint, ink, and biofuel; quality is among the world's best.   
  • Globally, hemp is used for health, medicines, and building material. Can generate employment, the economy in Himachal given limits on the industry, and tourism (hit by Covid-19). Seeking to attract the hemp industry to meet debt (higher than budget), and fund dependence. 

Concerns Around Legalization

  • Hemp source of psychoactive intoxicants like charas (hashish), and ganja (bhang in Himachal). Smoked, in food/drinks. Banned under NDPS Act regardless of hemp legalization.
  • Risk of diversion to recreational use. Strict regulation and monitoring are required. Limits on THC, licensed cultivators can address concerns. Awareness of the difference between recreational cannabis is needed.

Argument For and Against Legalization 

  • For: Tradition of use; regulated medicinal/commercial use allowed; economy, jobs; tax source. 
  • Against: Risk of misuse, addiction, social problems; challenges for law enforcement.

Global Experience: Lessons for India

  • Facts: Canada and the US legalized recreational cannabis. Medicinals are allowed in many nations. India is not ready for recreational use given social factors.
  • Learn from Uruguay (govt controlled cannabis market), and Colorado (the first state to legalize recreational use; $1.5bn in cannabis sales in 2019). Strict regulations on cultivation, sale, and use.
  • Alternative to the illegal black market if regulated. But risks of over-commercialization, corporate cannabis. Balanced policy approach for society's well-being.

Hemp cultivation is reasonable for the economy, and regulated medicinal/commercial uses given tradition, and potential. But risks around illicit narcotics require close oversight and control. Policies must ensure benefits outweigh the costs to society and the environment.

Awareness, and responsibility key to gain public trust. With guidelines, hemp can drive the rural economy, and livelihoods sustainably. The policy intervention requires nuanced thinking considering both pros and cons. With strict oversight and responsibility, regulated hemp cultivation may benefit livelihoods and the state economy. But it calls for a cautious, balanced approach given social and health factors.

Tetrahydrocannabinol

  • Tetrahydrocannabinol or THC is the main psychoactive compound found in cannabis plants like marijuana and hemp. 
  • THC acts on specific receptors in the brain called cannabinoid receptors. It produces a high sense of euphoria by influencing the release of dopamine in the brain.
  • The amount of THC determines how strong the psychoactive effects of cannabis will be. Cannabis plants are often bred to have high THC content to produce greater highs. Products with higher THC can cause more mind-altering effects.
  • THC in large amounts can lead to negative health effects like memory and cognition problems, risk of addiction, anxiety, and psychosis. However, in controlled amounts, THC may have certain medical benefits like relieving chronic pain, nausea from chemotherapy, appetite loss, etc.
  • THC acts much faster when cannabis is smoked compared to when it is eaten. Smoking delivers THC to the brain within seconds. Edibles take 30 minutes to 2 hours as THC is absorbed through the digestive tract. This can often lead to the overconsumption of edibles.
  • THC is fat-soluble, meaning it binds to fatty molecules in the body. So, it can accumulate in the body's fatty tissues and organs over multiple uses. It may remain detectable in urine for 3 to 7 days after use. In hair, it can be detected for months.
  • The legal status of THC depends on its source and concentration. Marijuana and marijuana-derived products with high THC content are illegal under federal law in most countries. However, some countries and states have legalized the recreational or medical use of marijuana with limits on THC. Hemp and its derivatives with very low THC (less than 0.3%) are legal in many places.
  • Synthetic THC compounds like SPICE or K2 act on the same cannabinoid receptors as THC but often have more potent and undesired side effects. They are illegal for recreational use in most countries.

Narcotic Drugs and Psychotropic Substances Act, 1985

The Narcotic Drugs and Psychotropic Substances Act, 1985 or NDPS Act is an act of the Parliament of India which prohibits persons from producing/manufacturing, possessing, selling, purchasing, transporting, storing, and/or consuming any narcotic drug or psychotropic substance.

Key provisions of the NDPS Act:

  • It consolidates and amends the law relating to narcotic drugs, psychotropic substances, controlled substances and precursor chemicals and provides stringent punishments for violations.
  • It aims to fulfil India's obligations under various international conventions on narcotic drugs and psychotropic substances. India is a party to the Single Convention on Narcotic Drugs 1961, the Convention on Psychotropic Substances 1971 and United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988.
  • It prohibits cultivation, possession, sale, purchase, transport, storage, or consumption of narcotic drugs and psychotropic substances except for medical and scientific purposes.
  • It includes control over precursor chemicals, essential chemicals that are used in the production of narcotic drugs and psychotropic substances, to prevent their diversion.
  • It provides for the forfeiture of properties and assets derived from or involved in illicit traffic and also includes provisions for the treatment and rehabilitation of addicts.
  • Offences under the Act are cognizable and non-bailable. Stringent punishments including imprisonment up to 20 years or even life imprisonment, and fines up to Rs.2 lakh or more have been prescribed under the Act for violations.
  • Enforcement is carried out by narcotics control authorities under the Department of Revenue, Government of India coordinated by the Narcotics Control Bureau. Preventive detention is allowed under the Act.
  • It also includes provisions for mutual legal assistance with other countries in cases related to narcotic drugs and psychotropic substances.

Amendments to NDPS act

  • NDPS (Amendment) Act, 1988: It enhanced penalties for certain offences under the Act and also included additional substances under its purview.
  • NDPS (Amendment) Act, 1989: It further enhanced penalties and included more substances. It amended Section 9 of the Act to authorize officers of DRI and above the rank of Inspector to investigate offences under NDPS Act.
  • NDPS (Amendment) Act, 2001: It provided for precursors of narcotic drugs or psychotropic substances to be regulated and controlled. It also included forfeiture of illegally acquired property under the Act.
  • NDPS (Amendment) Act, 2014: Some key changes were:
    • Only officers of gazetted rank can investigate cases.
    • Punishment for financing illicit trafficking and harbouring offenders was prescribed.
    • Period of limitation to file an appeal increased from 30 to 60 days.
    • Power to freeze or seize illegally acquired properties provided.
    • Fast track courts for speedy trials were constituted.
    • Punishment for repeat offenders was enhanced.
    • Officers not below Deputy SP rank can investigate offences.
  • NDPS (Amendment) Bill, 2019: It aims to amend NDPS Act 1985 to improve India’s compliance with international conventions on narcotic drugs and make offences under the Act more stringent. Key proposals:
    • List of drugs/narcotics is proposed to be updated. New psychotropic substances are intended to be added.
    • Definitions of certain terms like ‘narcotic drug’ and 'psychotropic substance' are proposed to be expanded. 
    • Punishments proposed to be made stricter for cultivating, producing, manufacturing, possessing, selling, purchasing, transporting, importing or exporting narcotic drugs.  
    • Prosecution of directors/partners/proprietors of companies/ partnerships/ proprietorship proposed for offences by company/partnership/proprietorship.
    • Control of precursor chemicals used to produce narcotic drugs proposed to be strengthened. 

The NDPS Bill 2019 is still pending. The amendments over the years have aimed at tightening the NDPS Act provisions and increasing compliance with India's international obligations.

Major Criticisms of the Narcotic Drugs and Psychotropic Substances Act 1985

  • Harsh and disproportionate punishments: The NDPS Act provides for stringent punishments like a minimum of 10 years of imprisonment for possession of small quantities of drugs for personal consumption. Critics argue that this is disproportionate and harsh. It leads to overcrowding in prisons and hampers the rehabilitation of offenders.
  • Ambiguous definitions: Definitions of certain terms like 'narcotic drug' and 'psychotropic substance' under the Act are very broad. This gives wide discretion to law enforcement agencies and can lead to misuse. The Act also does not clearly distinguish between drug users/addicts and traffickers.
  • Lack of focus on harm reduction: The NDPS Act focuses more on deterrence through harsh punishments rather than harm reduction. It does not have adequate provisions for the rehabilitation of drug dependents. The Act takes a punitive approach rather than seeing drug addiction as a public health issue.
  • Encourages corruption: The NDPS Act encourages corruption among law enforcers as they have been given wide powers with little accountability. Harsh punishments also incentivize bribery to escape imprisonment.
  • Disproportionate impact on marginalized groups: The NDPS Act has a disproportionate impact on marginalized groups like the poor, minorities and youth. They are more prone to drug abuse due to disadvantaged backgrounds but the criminal justice system is more likely to target them.
  • Undermines right to privacy: Wide powers given to law enforcers under NDPS Act in conducting raids, searches and seizures can violate the right to privacy of individuals. Powers of arrest and detention also undermine civil liberties.
  • Does not curb drug problem: Despite the stringent provisions, the NDPS Act has failed to effectively curb the drug menace in India. Drug trafficking and abuse continue to rise. So, there is a need to rethink the punitive approach in tackling this issue.

These are some of the major criticisms of the NDPS Act that point to the need for reforms in India's anti-narcotics legal framework and policies. The NDPS Act needs to take a balanced approach focusing on harm reduction and decriminalization of certain offenses.