Indian Polity: September 2022 Current Affairs | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Preventive Detentions in 2021

Why in News? 
According to the latest crime statistics released by the National Crime Records Bureau (NCRB), there is a rise in Preventive detentions in 2021 of about 23% compared to 2020, with over 1.1 lakh people being placed under preventive detention.

What is Preventive Detention?

• Article 22: Article 22 of the Indian Constitution grants protection to persons who are arrested or detained.
• Two Types of Detentions:
• Preventive detention is when a person is held in police custody only on the basis of a suspicion that they would conduct a criminal act or cause harm to society.
  • The police have the authority to hold anyone they suspect of committing a criminal offence and also to make arrests without a warrant or a magistrate’s authorization in certain cases.
• Punitive detention, which means detention as a punishment for a criminal offence. It occurs after an offence is actually committed, or an attempt has been made towards the commission of that crime.

What are the Key Highlights of the National Crime Records Bureau (NCRB) Data?

• The Highest number of Detention: A total of over 24,500 people placed under preventive detention were either in custody or still detained as of the end of 2021, the highest since 2017 when the NCRB started recording this data.
• State and Union Territories: Tamil Nadu followed by Telangana and Gujarat recorded most preventive detentions in 2021 among the States while Jammu and Kashmir recorded the highest number of such detentions in Union Territories (UTs).
• The Relative Preventive Laws:
  • National Security Act: The NCRB data showed that the number of people arrested under the National Security Act (NSA) had dipped significantly compared to 2020.
    • Preventive detentions under the NSA peaked in 2020 at 741. This number dropped to 483 in 2021.
  • The Goonda Act
  • Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988
  • Public Safety Act (PSA)
  • Narcotic Drug and Psychotropic Substance Act (NDPS), 1985
  • Prohibition of Insider Trading (PIT)
  • Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980(PBMSECA)
  • Further, a category classified as “Other Detention Acts”, under which most of the detentions were registered Since 2017, the highest number of persons to be placed under preventive detention has consistently been under the “Other Detention Acts” category.
• Issues
  • Misuse of other Acts: There are several laws like the Unlawful Activities (Prevention) Act and Maharashtra Control of Organised Crime Act which also provide for making preventive detentions.
  • Manipulation by Government Officials: District magistrates and the police also often make preventive detentions to control law and order in emerging communal clashes or clashes between any two communities, even when it might not always lead to public disorder.
• Supreme Court’s View: In July 2022, a Vacation Bench of the Supreme Court, while setting aside the preventive detention order issued for a chain-snatcher in Telangana, observed that these powers accorded to the State were “exceptional” and that since they affect the liberty of an individual, they should be used sparingly.
  • The court had also noted that these powers should not be used to control ordinary law and order problems.

To read more information

• National Security Act

Indian Nutrition Rating (INR)

In News

• Recently, the Food Safety and Standards Authority of India (FSSAI), the country’s apex food regulator, has released a draft notification for front-of-pack labelling.

Key Points

• Front-of-pack Labelling 
  • This draft notification caters to front-of-pack labelling to discourage consumers from buying packaged food high in sugar, salt, and fat.
• Indian Nutrition Rating (INR) 
  • The regulation will require pre-packaged food to carry a star graphic, ranging from ½ to 5, next to the brand name.
  • The unhealthiest food items carry a ½-star rating and the healthiest carry a 5-star rating.
• Criteria for Scoring
  • Contribution of energy 
  • Content of saturated fat, sugar, sodium, fruit and vegetables (FV), nuts, legumes, and millets (NLM), dietary fibre, and protein per 100 gm of solid or 100 ml liquid foods. 
  • Solid food with a score of more than 25 will be given 0.5 stars, and those with a score less than minus 11 (-11) will get 5 stars.
• Similar to the star-rating system for Energy Efficiency
  • The system will be similar to the one that is being used by the Bureau of Energy Efficiency for assessing the energy efficiency in electrical devices.
• Exempted Products 
  • Food such as milk and milk products, whey, butter oil, ghee, vegetable oil and fat, fresh and frozen fruit and vegetables, fresh and frozen meat, egg, fish, flour, and sweeteners will not have to display the star rating. 
  • Carbonated beverages without any energy or sugar will also not be eligible for declaring the rating, according to the notification.
• Procedure for Companies 
  • Although not mandatory, the notification stated that food businesses may add interpretive information next to the star-rating logo, giving details of energy, sugar, saturated fat, and salt content. 
  • To generate the star-rating logo for the product, food businesses have to submit nutritional profiles of the products concerned on FSSAI’s FoSCoS (Food Safety Compliance System) portal.
• Global Experience 
  • There was a change in consumption pattern in several Latin American countries that implemented such warning labels.
  • Chile reported a 24% drop in sugary drink consumption. 
  • A meta-analysis of 100 studies published last year indicated that nutrient warning labels are more effective than traffic lights and nutri-score labels.

Significance of Nutrition Rating

• Caution for Customers: A warning symbol on foods high in sugar, salt, and fat are more likely to discourage people from consuming them. The consumer needs to be cautioned about junk foods through ‘warning' labels.
• Healthy Choice: Warning signs educate consumers about harmful ingredients present in a food product and help them make healthy choices. 
• Educating Consumers: It will educate consumers about the nutrition profile of the food they are consuming.
• Informed Decision: Warning signs give a repetitive educational message so that even for domestic cooking or buying street food that warning bell goes off.

NDPS Act

In News

• Karnataka High Court recently observed that nowhere in the Narcotic Drugs and Psychotropic Substances (NDPS) Act is bhang referred to as a prohibited drink or prohibited drug. 
  • In earlier cases, state high courts have ruled that bhang is not ganja, and is therefore not covered under the NDPS Act.

What is bhang?

• Bhang is an edible preparation made from the leaves of the cannabis plant.
• It is often incorporated into drinks such as thandai and lassi, along with various foods. 
• Bhang has been consumed in the Indian subcontinent for centuries and is frequently consumed during the festivals of Holi and Mahashivratri.

Marijuana and cannabis

• There is no difference between marijuana and cannabis and the two terms are often used to describe the same thing.
• Medicinal purposes
  • It can have a pleasurable effect and may soothe the symptoms of various conditions, such as chronic pain.
  • The cannabinoids in cannabis work by binding to specific sites in the brain and on the nerves.
  • For pain management as well as treating post-chemo symptoms, arthritis, skin ailments, mental disorders and metabolic problems.
  • It is also used for nausea, vomiting, migraine, and many other conditions, but there is no good scientific evidence to support these uses. 
• Side effects: It appears to affect areas of the brain that control:
• Memory and attention
• Balance, posture, and coordination
• Reaction time
• Dopamine is a neurotransmitter that relates to feelings of pleasure.
• It can also affect sensory perception. 
  • Colours may seem brighter, music more vivid, and emotions more profound.
• Immune response: Frequent cannabis use may affect the immune system.
• Testicular cancer: A study concluded that using cannabis more than 50 times in a lifetime may increase the risk of testicular cancer.
• Addiction: About 9% may develop an addiction. A person has an addiction when they cannot stop using a substance.

NDPS Act and legislations on Bhang

NDPS Act

Enacted in 1985, the NDPS Act is the main legislation that deals with drugs and their trafficking. 

Various provisions of the Act punish the production, manufacture, sale, possession, consumption, purchase, transport, and use of banned drugs, except for medical and scientific purposes.

• Cannabis: The NDPS Act defines cannabis (hemp) as a narcotic drug based on the parts of the plant that come under its purview. 
• The Act lists these parts as:
  • Charas: “The separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish.”
  • Ganja: “The flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they be known or designated.”
  • “Any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom.”
• Exclusions of the Act: The Act, in its definition, excludes seeds and leaves “when not accompanied by the tops”. Bhang, which is made with the leaves of the plant, is not mentioned in the NDPS Act.
• Special provision: As a “special provision”, the Act states that the government “may allow cultivation of any cannabis plant for industrial purposes only of obtaining fiber or seed or for horticultural purposes”.

Cannabis and Criminal Liability

• Section 20 of the NDPS Act: It lays out the punishment for the production, manufacture, sale, purchase, import and inter-state export of cannabis, as defined in the Act. The prescribed punishment is based on the amount of drugs seized.
• For a small quantity: Contravention that involves a small quantity (100 g of charas/hashish or 1 kg of ganja), will result in rigorous imprisonment for a term that may extend to one year and/or a fine which may extend to Rs 10,000.
• For a commercial quantity: For a commercial quantity (1 kg charas/ hashish or 20 kg ganja), rigorous imprisonment of not less than 10 years, which may extend to 20 years, including a fine that is not less than Rs 1,00,000 but may extend to Rs 2,00,000.
• Quantity less than commercial, but greater than small quantity: Where the contravention involves quantity less than commercial but greater than small quantity, rigorous imprisonment up to 10 years is prescribed, along with a fine which may extend to Rs 1,00,000.

Narcotics Control Bureau (NCB)

• Ministry: NCB is the Indian central law enforcement and intelligence agency under the Ministry of Home Affairs, Government of India. 
• Task & powers: The agency is tasked with combating drug trafficking and the use of illegal substances under the provisions of the Narcotic Drugs and Psychotropic Substances Act.
• It is vested with the power to charge individuals in cases related to the illegal use and supply of narcotics.
• International conventions: India is a signatory to various international drug-related UN conventions and the responsibility of implementing the provision of these international conventions also lies with NCB.
• Officials: Officers in this organisation are drawn from the Indian Revenue Service, Indian Police Service and Paramilitary forces, in addition, to directly recruited members.

Convergence Portal of the MoFP

Why in News? 
Recently, the Ministry of Food Processing Industries (MoFPI) has launched the Convergence Portal between the Agriculture Infrastructure Fund (AIF) scheme, Pradhan Mantri Micro Food Enterprises Upgradation Scheme (PMFME) and Pradhan Mantri Kisan Sampada Yojana (PMKSY).

• A Standard Operating Procedure (SOP) was also issued with the objective of providing maximum benefits to the beneficiaries under AIF, PMFME and PMKSY.

What is the Convergence Module?

• The Ministry of Food Processing Industries (MoFPI) along with Ministry of Agriculture and Farmers Welfare, jointly launched a Convergence Portal to better reap the benefits of the Agriculture and Food Processing Sector.
• It is launched on the idea that all Ministries and Departments of the Government should work together in cohesion to serve the people of the country to the best of their abilities.
• The portal will prove to be very important for the Food Processing Enterprises of the country, benefiting different sections of the country, including farmers and small-scale entrepreneurs of the processing industry.
• It is a stepping stone to achieve the Prime Minister's dream of an Aatma Nirbhar Bharat and will also boost the concept of ‘Vocal For Local’.

What is Pradhan Mantri Micro Food Industry Upgradation Scheme?

• About
  • It was launched by the Ministry of Food Processing Industries in June, 2020 under the Atma Nirbhar Bharat Campaign to enhance the competitiveness of individual micro enterprises.
  • It provides financial, technical and commercial assistance for the upgradation of micro food processing enterprises in the country.
  • The scheme adopts the One District One Product (ODOP) approach to reap the benefit of scale in terms of procurement of inputs, availing common services and marketing of products.
  • It will be implemented over a period of five years from 2020-21 to 2024-25.
• Funding
  • It is a centrally sponsored scheme with an outlay of Rs. 10,000 crore.
  • The expenditure under the scheme would be shared in 60:40 ratio between Central and State Governments, in 90:10 ratio with North Eastern and Himalayan States, 60:40 ratio with UTs with legislature and 100% by Centre for other UTs.
• Need
  • The unorganized food processing sector comprising nearly 25 lakh units contributes to 74% of employment in the food processing sector.
  • Nearly 66% of these units are located in rural areas and about 80% of them are family-based enterprises supporting livelihood of rural households and minimising their migration to urban areas.
  • These units largely fall within the category of micro enterprises.
  • The unorganised food processing sector faces a number of challenges such as lack of access to modern technology & equipment, training, access institutional credit, lack of branding & marketing skills etc. which limit their performance and their growth.
• Achievements
  • So far about 62,000 beneficiaries engaged in food processing activities have benefitted from this scheme. Around 7,300 loans have been sanctioned under the scheme for setting up new micro food enterprises or for upgrading existing units.
  • The pace of loan approvals is expected to increase by 50% in the third quarter of 2022-23.

What is AIF?

• Agriculture Infra Fund (AIF) is a financing facility launched in July 2020 for creation of post-harvest management infrastructure and community farm assets, with benefits including 3% interest subvention and credit guarantee support.
• Under this, Rs 1 lakh crore from 2020-21 to 2025-26 provision of funds has been made and interest subvention and credit guarantee assistance will be given till the year 2032-33.
• AIF scheme has the facility of convergence with any other scheme of State or Central Government, therefore in order to optimize the benefits of multiple government schemes for a particular project, these are being integrated with multiple external systems/portals.

What is Pradhan Mantri Krishi Sampada Yojna?

• Pradhan Mantri Kisan Sampada Yojana, a Central Sector Scheme of the Ministry of Food Processing Industries, is envisaged as a comprehensive package, which will result in creation of modern infrastructure with efficient supply chain management from farm gate to retail outlet.
• Seven component schemes under PMKSY:
  • Mega Food Parks.
  • Integrated Cold Chain and Value Addition Infrastructure.
  • Infrastructure for Agro-Processing Clusters.
  • Creation of Backward and Forward Linkages.
  • Creation/Expansion of Food Processing & Preservation Capacities.
  • Food Safety and Quality Assurance Infrastructure.
  • Human Resources and Institutions.

What are Other Related Initiatives?

• Agricultural and Processed Food Products Export Development Authority (APEDA).
• Minimum Support Prices (MSP).
• Commission for Agricultural Costs and Prices (CACP).
• National Skill Development Corporation (NSDC).
• Codex Alimentarius Commission
• Draft Food Safety And Standards (Labelling And Display) Regulation.

Model Prison Act

In News 

• Recently, the Union Home Minister asked all states to modernize their prisons and said that a new law on jail reforms is coming soon.

More about the news

• Colonial jail system: The minister also mentioned that India’s incarceration system is prone to abuse because it was set up by the British to subjugate political prisoners.
• Need for modernization: According to him, there is a need to make jails modern and technologically adept with stringent security measures.
  It is also required to introduce better living and health facilities, libraries, and training programmes for prisoners to help them get back to society and initiatives to promote mental development. 
• Model Prison Manual: For this reason, the government in 2016 introduced the ‘Model Prison Manual’ to replace the existing prison manual.
  In the manual, the government has considered aspects such as human rights, the rehabilitation of prisoners in society, the rights of female prisoners, laws for prison inspection and the right to education even for death row convicts.
• State’s position: 'Prisons' is a State subject under State List of the Seventh Schedule to the Constitution of India. So, the management and administration of Prisons fall exclusively in the domain of the State Governments. Only 11 states and Centre-administered Union territories have adopted the new ‘Model Prison Manual’ .
  He also urged the other states to accept the new manual without delay for prison reforms.
• ‘Model Act for the prison system’ on the way: He said the government is also in talks with states to introduce a model Act for the prison system. 
• Issue of overcapacity: According to the National Crime Records Bureau’s 2021 statistics, there were 5,54,034 people in prisons across India, as against a capacity of 4,25,609. A similar trend of overcapacity was seen in 2020 and 2019 as well.

Other Issues faced by prisoners

• Overcrowding.
• Prolonged detention of under-trial prisoners
  • A poor man remains in jail for over a year without trial for minor offences such as theft.
• Many inmates can’t even afford the bail amount. 
• Unsatisfactory living conditions.
• Lack of treatment Programs.
• The allegations of the indifferent and even inhuman approaches of prison staff have repeatedly attracted the attention of critics over the years.

Right to Life and Personal Liberty For Prisoners

• Article 21
  • The Supreme Court in various cases has declared the right to medical care comes under the ambit of Article 21 of the Constitution
  • Article 21 of the Constitution also guarantees the right of personal liberty and thereby prohibits any inhuman, cruel or degrading treatments to any person whether he is a national or foreigner. 
• Article 39A
  • Article 39A of the Constitution of India deals with the obligation of the State to provide free Legal Aid to such accused prisoners both in the prison and outside, as they are unable to engage a lawyer due to a lack of means to defend themselves in the Court for the criminal charges brought against them.

Recommendations on Jail reforms

• Recommendations of Law Commission of India in its 268th report 
  • The Commission recommended that those detained for offences that come with a punishment of up to seven years of imprisonment should be released on completing one-third of that period and for those charged with offences that attract a longer jail term after they complete half of that period.
  • It also recommended that the police should avoid needless arrests, while magistrates should refrain from mechanical remand orders. 
• Justice Amitava Roy Committee Recommendations 
  • In 2018 The Supreme Court constituted a three-member committee, to be headed by former apex court judge Amitava Roy, to look into the aspect of jail reforms across the country and make recommendations on several aspects, including overcrowding in prisons. It recommended:
    • Special fast-track courts should be set up to deal exclusively with petty offences which have been pending for more than five years. 
    • Further, accused persons who are charged with petty offences and that granted bail, but who are unable to arrange surety should be released on a Personal Recognizance (PR) Bond.
    • Launching a National Mission for Justice Delivery and Legal Reforms.
• Open prisons 
  • The All-India Committee on Jail Reform constituted in 1980 recommended the government to set up and develop open prisons in each state and UT similar to the Sanganer open camp in  Rajasthan.
  • It also recommended that life convicts who offer a good prognosis should be transferred to semi-open & open prisons.

What is Open Prison?

• Open prisons have relatively less stringent rules as compared to controlled jails.
• They go by many names like minimum-security prison, open-air camps or prison without bars.
• The fundamental rule of an open prison is that the jail has minimum security and functions on the self-discipline of the inmates.
• The United Nations Standard Minimum Rules for the Treatment of Prisoners, popularly known as the Nelson Mandela Rules:
  • It laid down the objectives of open prisons stating that such prisons provide no physical security against escape but rely on the self-discipline of the inmates, providing the conditions most favourable to the rehabilitation of carefully selected prisoners.

Way Forward

• There are many hurdles to cross for the prisons to be a reformative institution than a custodial home of torture. 
• The progress is mainly hindered by factors such as resource allocation, deterrent functions of punishment and rehabilitation approach.
• Though there have been suggestions and recommendations by various committees, the major concern in India stands to be that of actual enforcement.

Live-Streaming of the Supreme Court’s Proceedings

Context 
From September 27 onward, all proceedings of Supreme Court Constitution Benches will be live-streamed, a full court meeting of the top court has decided.

Background of the move

• History was made on August 26 (2022) when the proceedings from the Chief Justice’s Court in the Supreme Court (SC) were live streamed.
• In the ‘Swapnil Tripathi’ judgment, in September 2018, the SC had cleared the deck for live streaming of cases of national and constitutional importance.

Immediate triggers for live streaming

• They had agreed to hear a public interest litigation seeking live streaming of judicial proceedings on matters of constitutional and national importance.
• Prime considerations cited are
  • De-congestion of courts and
  • Improving physical access to courts for litigants who have to otherwise travel long distances

Recommended by A-G

• The Supreme Court approved a set of guidelines suggested by the A-G, which included allowing transcripts and archiving the proceedings.
• However, the A-G suggested that the court must retain the power to withhold broadcasting, and to also NOT permit it in cases involving:
  • Matrimonial matters,
  • Matters involving interests of juveniles or the protection and safety of the private life of the young offenders,
  • Matters of National security,
  • To ensure that victims, witnesses or defendants can depose truthfully and without any fear.
  • To protect confidential or sensitive information, including all matters relating to sexual assault and rape,
  • Matters where publicity would be antithetical to the administration of justice, and
  • Cases which may provoke sentiments and arouse passion and provoke enmity among communities.

Live streaming in HCs

• Following the SC’s decision, Gujarat High Court began live streaming its proceedings in July 2021.
• Currently, the Jharkhand, Karnataka, Madhya Pradesh, Orissa, and Patna High Courts live stream their proceedings.
• Allahabad High Court is learnt to be considering doing the same.

Global examples of live streaming

• United States of America: While the US Supreme Court has rejected pleas for broadcast of its proceedings, it has since 1955 allowed audio recording and transcripts of oral arguments.
• United Kingdom: In 2005, the law was amended to remove contempt of court charges for recording proceedings of the Supreme Court.

Why need live streaming of court?

• Improved accountability: Live-streaming of court proceedings would serve as an instrument for greater accountability and formed part of the Code of Criminal Procedure, 1973.
• Living up the expectation of Constitution: Live Streaming of Court proceedings is manifested in public interest. Public interest has always been preserved through the Constitution article 19 and 21
• Empowering the masses: It will enable the legal system to deliver on its promise of empowering the masses.
• More transparency: It will encourage the principle of open court and reduce dependence on second-hand views. It will effectuate the public’s right to know.
• This would inspire confidence in the functioning of the judiciary as an institution and help maintain the respect that it deserved as a co-equal organ of the state.
• Academic help: Live streaming may also be a help for academic purposes.

Concerns around live streaming

• Contempt of court: Video clips of proceedings from Indian courts are already on YouTube and other social media platforms with sensational titles and little context, such as “HIGH COURT super angry on army officer”.
• Disinformation and sensationalism: There are fears that irresponsible or motivated use of content could spread disinformation among the public.
• Unnecessary activism: With the advent of social media, every citizen became a potential journalist. Study shows that justices behave like politicians when given free television time, they act to maximize their individual exposure.

Issues to judicial functioning

• Decency of questions: During hearings judges may not ask questions or make comments that could be perceived as unpopular.
• Triggers for oral observations: There is an increasing trend of oral observations of the court, which are not binding on parties replacing reasoned judgment and orders that are consequential.
• Dignity of court may be compromised: Similarly, lawyers, aware of their new audience, may choose to grandstand and play to the gallery, especially in a case they expect to lose.

Way forward

• Selective broadcast: The solution may lie in carefully determining how the live streaming proceeds.
• Careful selection of cases: Not uploading archived stream on the SC website until it is legally/technologically possible to ensure that such videos cannot be spliced.
• Understanding public perception and sentiments: Other similar measures that reflect an understanding of how the public consumes (dis)information will ensure that live streaming enriches constitutionalism across the country.

Conclusion

• A hasty and wholesale introduction on the other hand is likely to land the SC right in the middle of the majoritarian and toxic information swamp that prevails in the country.