Monday, 8th August 2022
Criminal Procedure (Identification) Act Comes Into Effect
In News
The Union Home Ministry has recently issued a notification bringing into force the contentious Criminal Procedure (Identification) Act, 2022.
About the News:
- The Act, passed in Parliament in April this year, expands the powers of the authorities to collect biometric and behavioural data of convicts, arrested persons and undertrials and provides for the National Crime Records Bureau (NCRB) to store this data for up to 75 years and share it with other law enforcement agencies.
Understanding the Act:
History:
- The old code, the Code of Criminal Procedure, 1898, did not have the provision of medical examination of the accused.
- The Law Commission, in its 41st Report (1969), considered the necessity of physical examination of the arrested person for an effective investigation, without offending Article 20(3) of the Constitution.
- The recommendation was later included in the CrPC (of 1973).
- Later, an amendment was made in the CrPC in 2006 to provide legal backing to materials/biological samples on which the medical examination could be conducted.
- Similarly, Section 311A was added to facilitate providing a specimen signature or handwriting during investigation.
Objectives:
- The purpose is to help the enforcement agencies in the prevention and the detection of crime.
- It is part of the Government’s efforts to upgrade crime-solving technology in line with global standards.
- It will help in maintaining law and order, which is a legitimate state interest.
Key Provisions of the Act:
Provision |
Feature |
Collection of Samples: |
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Repeals the old act: |
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Broadens the scope of the ‘measurements: |
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Punishment: |
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Powers of Magistrate: |
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Records of juveniles: |
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Role of NCRB: |
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Issues with the Act
- It has been argued that the act was beyond the legislative competence of Parliament as it violated fundamental rights of citizensincluding the right to privacy.
- The Act proposes to collect samples even from protestors engaged in political protests.
- It violates Article 20 (3) of the Constitution. The Act implied use of force in collection of biological information, could also lead to narco analysis and brain mapping.
- It also violates human rights provisions as laid out in the United Nations charter.
- All the developments with respect to this are evident from Supreme Court verdicts such as A K Gopalan 1950, Kharag Singh 1964, Pramod Kumar Saxena 2008
Source:
- Controversial Criminal Procedure (Identification) Act Comes Into Effect Today
Image source:
- https://www.indiatoday.in/magazine/up-front/story/20220425-criminal-procedure-identification-act-2022-should-you-fear-the-new-criminal-law-1937958-2022-04-15
Minerals Security Partnership (MSP)
In news
There has been a growing concern over 'Government over India' not finding a place in the Minerals Security Partnership, following which efforts are being made in exploring the possibility through Diplomatic channels, to join the group.
About Minerals Security Partnership
- MSP is an international partnership that seeks to develop and secure global supply chains for critical minerals such as Cobalt, Nickel, Lithium, and also the 17 ‘rare earth’ minerals that are crucial to clean energy technology and the global transition to clean energy.
- The goal of the MSP is to ensure that critical minerals are produced, processed, and recycled in a manner that supports the ability of countries to realize the full economic development benefit of their geological endowments.
- Further, the MSP will help catalyse investment from governments and the private sector for strategic opportunities, across the full value chain, that adhere to the highest environmental, social, and governance standards.
- The alliance seems to be in the wake of Geopolitical tensions with China, and to counter Chinese near-monopoly over their production.
- Along with the USA, the other ten partners of the alliance include Australia, Canada, Finland, France, Germany, Japan, the Republic of Korea (South Korea), Sweden, the United Kingdom, and the European Commission.
What are rare earth elements/critical minerals?
- Critical minerals are elements that are building blocks of essential modern-day technologies, and are at risk of supply chain disruptions.
- The critical metals include the rare earth group: which is group of 17 metals exhibiting similar chemical properties: 15 Lanthanides (atomic numbers 57, which is Lanthanum to 71 in the periodic table) plus Scandium (atomic number 21) and Yttrium (39).
- They are chemically fairly reactive and have electromagnetic properties that make them essential for the manufacture of high tech.
- India has set up KABIL or the Khanij Bidesh India Limited, to ensure a consistent supply of critical and strategic minerals to the Indian domestic market.
Why joining the group is critical for India?
- Reduce dependency on China for critical minerals:
- Some REEs are available in India such as Lanthanum, Cerium, Neodymium, Praseodymium and Samarium, etc., while for others it is dependent on China.
- Presently, China is world’s largest producer of 16 critical minerals.
- To reach net zero Green House Gas Emission.
- Vital for electronics development: Minerals like Cobalt, Nickel, and Lithium along with REEs are required for batteries used in electric vehicles and in more than 200 Electric consumer products.
- The year 2022 is likely to be an inflection point for battery technology, and India has an ambitious plan to convert a large percentage of its transport to electric.
- Under such a scenario, If India is not able to explore and produce these minerals, it will have to depend on a handful of countries, including China, to power its energy transition plans to electric vehicles. Hence, the move by India to secure a place in MSP.
Source:
- Australia joins global Minerals Security Partnership
- Minerals Security Partnership
- Explained: What are rare earth elements, and why is India keen to join a global alliance to ensure their supply?
- Concern in Delhi over not being part of US-led critical minerals alliance
Image source:
- https://www.visualcapitalist.com/rare-earth-elements-where-in-the-world-are-they/
Coffee (Promotion and Development Bill), 2022
In News:
The centre has proposed a bill to scrap the 80 years old Coffee Act.
About the News:
- The Centre has recently shown intent to repeal the existing 80-year-old Coffee Act and has proposed a new “Coffee (Promotion and Development Bill), 2022” to promote development of the Indian coffee industry.
- The bill is seen as an attempt to modernise functioning of Coffee Board, promote exports and support development of domestic market.
- It is expected to promote and develop the entire value chain of coffee and enabling ease of doing business is beneficial to all stakeholders and to the general public.
- The present law was enacted in 1942 with provisions relevant to that time but many rules and regulations, especially those pertaining to the marketing of coffee, are redundant
Major highlights of the bill:
- About: Coffee Board of India is responsible for boosting production and the quality of Indian coffee, push exports and support the development of the domestic market.
- New mandates: The new bill addresses several functional areas of the Coffee Board, such as support for production, research, extension, and quality improvement, promotion of coffee and skill development of growers.
- Certification: The bill will bring one-time exporter registration and one-time registration of curing units. Curing is a process that prepares coffee beans for the market. There will be a time-bound procedure in the Bill for issuing the Registration Certificate.
- Importance of the bill:
- Job creation: The new bill intends to create jobs and business entrepreneurship opportunities in all sectors of the coffee value chain, from production to consumption.
- Quality improvement: The new composition will avail consumers will get good quality coffee, on a par with other countries.
- Safeguarding stakeholders: The Bill will also protect the interests of the labour in plantations, processing units and coffee communities.
- Promoting business: The Bill will promote ease of doing business by simplifying documentation and procedures, including replacing the existing five-year validity of Registration cum Membership Certificate (RCMC).
- Expansion of areas: It will bring expansion of coffee in suitable areas across the country through systematic research and development, transfer of technology as well as developmental support to the stakeholders.
Source:
- https://www.business-standard.com/article/economy-policy/govt-to-scrap-80-year-old-coffee-act-bring-bill-to-promote-the-industry-122072501151_1.html
No immunity from arrest in criminal cases for MPs during session
- Context: The Rajya Sabha chairman has recently stated that MPs do not enjoy any immunity from arrest in criminal cases when House is in session and cannot avoid summons issued by law enforcement agencies, while discussing the privileges enjoyed by MPs.
- Parliamentary privileges are certain rights and immunities enjoyed by MPs, individually and collectively, so that they can “effectively discharge their functions”.
- These rights are also given to those individuals who speak and participate in any committee of the Parliament, which includes the Attorney General of India and the Union Ministers.
- When any of these rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under law of the
- Special privileges are enshrined under Article 105 and Article 194 of Constitution for Parliament and for state legislature.
- The Privileges aim at: protecting the freedom of speech of parliamentarians and legislators and secure them against litigation over matters that occur in houses, help to maintain authority, dignity and honour of MPs and effective functioning of both the houses and their members.
Source:
- No immunity from arrest in criminal cases for MPs during session: Venkaiah
Image source:
- https://www.lawcolumn.in/parliamentary-privileges-under-indian-constitution-a-critique/
Gender gaps in food - Edukemy Current Affairs
- Context: A CARE report recently released, has highlighted the global link between gender inequality and food insecurity.
- Highlights of the Report:
- Food security has gone down as gender inequality increased across 109 countries.
- 828 million people were affected by hunger in 2021.
- Among them, 150 million more women were food insecure than men.
- In Somalia, men report eating smaller meals and women report skipping meals
- Among them, 150 million more women were food insecure than men.
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- Lack of support from men in household tasks and childcare was associated with poor diets on women and children.
- Nations with high gender inequality, such as Yemen, Sierra Leone and Chad, experienced the lowest food security and nutrition.
- Households where women were employed and earning money or when they were directly involved in farming their food were less likely to experience food insecurity, according to CARE.
- Lack of collection of sex-disaggregated data on global food security leads global policymakers to overlook gender equality in food security solutions.
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Source:
- Gender gaps in food: 150 million more women went hungry than men in 2021
Image source:
- Gender gaps in food: 150 million more women went hungry than men in 2021
Laser-Guided Anti-Tank Guided Missiles (ATGM)
- Context: Indigenously developed Laser-Guided Anti-Tank Guided Missiles (ATGM) have been successfully test-fired from Main Battle Tank (MBT) Arjun by the DRDO and Indian Army at in Ahmednagar recently.
- ATGMs aremissile systems that can strike and neutralise armoured vehicles such as tanks.
- They can pierce the armours of tanks and the material that can withstand such ammunition.
- Also, it has multi-platform launch capability and has a maximum engagement range of about5 kilometres.
- Anti-tank missiles can be of different sizes - from smaller missiles that just one person can carry and shoulder-launched to bigger ones that need a team to transport or launch, to even bigger missiles that are mounted on aircraft and other vehicles.
- The all-indigenous laser guided ATGM employs a tandem High explosive anti-tank (HEAT) warhead to defeat explosive reactive armour (ERA) protected armoured vehicles.
Sources:
- https://thelogicalindian.com/trending/india-test-fires-laser-guided-anti-tank-missiles-36880
- https://pib.gov.in/PressReleasePage.aspx?PRID=1848497
Image source:
- http://www.military-today.com/missiles/hj8.htm
Start-up India Seed Fund Scheme (SISFS)
- Context: Of the corpus of Rs. 945 crore, Rs. 375.25 crore have been approved to 102 incubators under the SISFS.
- SISF was launched in 2021 by the Ministry of Commerce & Industry to provide financial assistance to eligible Department for Promotion of Industry and Internal Trade recognised startups through eligible incubators for proof of concept, prototype development, product trials, market entry and commercialization.
- Once a start-up gets access to capital at the early stage, it improves the potential for the enterprise to scale to a level where funding can be sought from angel investors, venture capital firms, Banks, and other financial institutions.
- Thus, it enables startups to raise investments from angel investors or venture capitalists, or seek loans from commercial banks or financial institutions.
- About3600 entrepreneurs will benefit from the start-up India seed fund scheme in the next 4 years starting FY 2021-22.
- Department for Promotion of Industry and Internal Trade (DPIIT) has created an Experts Advisory Committee (EAC) to execute and monitor the Start-up India Seed Fund Scheme.
Source:
- Startup India Seed Fund Scheme (SISFS)| National Portal of India
Image source:
- https://www.india.gov.in/spotlight/startup-india-seed-fund-scheme-sisfs
The coming Battle for Taiwan: Live Mint
Essence: The article explains how the Communist Party of China has long been wanting Taiwan’s reunification with the mainland. Thus, the article throws light on the importance of understanding the present tension between China and Taiwan. Going by history, one can see that China has been buying time first in the disguise of its ‘peaceful rise’ and ‘hide and bide’ strategy.
Once it consolidated its economy it went ahead with unifying the regions it always claimed to be its own. The recent change in the status quo is of course that of Hong Kong. The article states that India being the direct neighbor, with several areas of border disputes, needs to watch the progress and act pre-emptively by providing Taiwan the moral support that it needs.
It’s only a matter of time before China will strike Taiwan with the aim to reunify and have authority over the Taiwan Strait, a major sea trade route. The role of Quad and AUKUS will be significant, and it is better to prepare and protect the Global Commons, for which protection of Taiwan is a must.
Why should you read this article?
- The article will help you understand the bigger picture behind the China-Taiwan Conflict.
- The article highlights the interest of India in protecting Taiwan’s present status quo.
- Understand the interest of the US, Japan, Australia, and other South-Asia nations in the Taiwan Strait.
Source:
- https://www.livemint.com/opinion/columns/security-of-the-indo-pacific-lies-in-delaying-china-s-taiwan-grab-11659887817528.html
India’s tax-GDP ratio may be too high
Essence : The editorial tries to demystify that India has lower tax to GDP ratio which is affecting its growth. It explains the complex relation among taxes- fiscal deficit- debt and investment. It presents the dilemma of selecting comparable example. It also mentions that the Ratio needs normalization as taxes can be collected at the multiple level in federal structure which again needs to be adjusted for PPP per capita income. After all these adjustments India’s Tax GDP ratio will be comparable to that of USA and Japan.
Towards the end it suggest that by reducing the Tax burden the tax revenue actually increases. It substantiates it by citing the example of corporate Tax cut of 2019. It also recommends that the focus should now shift form Tax-GDP ratio towards expenditures, and quality of expenditures.
Why should we read this editorial
- To know about how tax revenue can affect fiscal health of a country.
- What are the lacuna it the calculation of Tax-GDP ratio
Source:
- https://indianexpress.com/article/opinion/columns/the-wrong-diagnosis-india-tax-gdp-ratio-quality-of-expenditure-8076901/
The ‘Mother of PIL’ in India - Edukemy Current Affairs
Background
Kapila Hingorani, hailed as the 'Mother of PIL' made the Supreme Court accessible to India's poorest, played a vital role in establishing family courts and helped draft the law to ban sex determination tests.
About the Mother of PIL
- Kapila Hingorani studied law in the United Kingdom, and was inspired by the ideals of Gandhi.
- In 1961, she settled down in Delhi and began practising in the Supreme Court.
Her achievements include:
- Her actions led to release of Undertrial Prisoners on personal bond, without any monetary obligation. As a consequence of this, the Supreme Court went on to read a Right to speedy trial as being implicit in the right to life and personal liberty enshrined under Article 21 of the Constitution.
- In 1979, she filed a petition in regards to the condition of the prisoners detained in the Bihar jail. The Hussainara Khatoon’s case (petition filed in name of prisoner) resulted in the release, though interim orders, of about 40,000 undertrial prisoners out of the estimated 120,000 undertrials throughout the country.
- In 1981, she filed a petition on behalf of 11 victims of dowry-related crimes, which resulted in the Supreme Court setting up special police cells to investigate crimes against women.
- She also spearheaded the movement to establish Family Courts and even took the matter to then Prime Minister, which led to the Parliament passing the Family Courts Act in 1984.
- Until her demise in 2013, she along with her husband, took up almost 100 PIL cases pro bono, providing relief to millions of people.
- In 2017, Kapila Hingorani became the first woman lawyer to have her portrait unveiled in the Supreme Court library.
- As a consequence of her actions, and with the emergence of PILs, the Supreme Court went much above its remit resulting in “a self-conscious departure from the very fundamental principles of modern law''.
Source:
- The ‘Mother of Pil’ Fought 100S of Cases to Provide Relief to Millions of Indians
Image source:
- The ‘Mother of Pil’ Fought 100S of Cases to Provide Relief to Millions of Indians
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