Weekly Current Affairs (22nd to 30th June 2023) Part - 2 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Custodial Torture and Ethical Concerns

Context: Recently, the Delhi High Court has upheld the conviction and 10-year sentence (awarded in 2019) of five Uttar Pradesh policemen for Custodial Torture of a 26-year-old man causing his death in 2006.

What is Custodial Torture?

About:

• Custodial torture is the infliction of physical or mental pain or suffering on a person who is in the custody of the police or other authorities.
• It is a grave violation of human rights and dignity and often leads to custodial deaths, which are deaths that occur while a person is in custody.

Types of Custodial Death:

• Death in Police Custody: Can result from excessive force, torture, denial of medical care, or other forms of abuse.
• Death in Judicial Custody: May occur due to overcrowding, poor hygiene, lack of medical facilities, inmate violence, or suicide.
  • Death in the Custody of Army or Paramilitary Forces: Can happen through torture, extrajudicial killings, encounters, or crossfire incidents.

Constitutional Provisions Related to Custodial Torture:

• Article 21 of the Constitution of India guarantees the right to life and personal liberty, which includes the right to be free from torture and other cruel, inhuman or degrading treatment or punishment.
• Article 20(1) states that no person shall be convicted of any offence, except those which are in contravention of the law in power at the commission of the Act.
• Article 20(3) prohibits a person to be compelled to be a witness against himself. It is an extremely instrumental law as it protects the accused from giving confessions when the accused is coerced or tortured to do so.

Related International Conventions:

• International Human Rights Law, 1948 contains a provision which protects people from torture and other enforced disappearances.
• The United Nation Charter, 1945 also (clearly) calls for treating prisoners with dignity.
• The Nelson Mandela Rules, 2015 were adopted by the UNGA to treat prisoners with inherent dignity and to prohibit torture and other ill-treatment.

What are the Ethical Arguments against Custodial Torture?

Violates Human Rights and Dignity:

• Every individual possesses inherent dignity and should be treated with respect and fairness. Custodial violence violates this fundamental principle by subjecting individuals to physical and psychological harm, stripping them of their dignity, and denying them the basic Human Rights.

Undermines Rule of Law:

• Custodial violence undermines the principles of the rule of law and due process.
• Law enforcement officers have a duty to uphold and enforce the law, but engaging in violence contradicts the very principles they are meant to uphold - justice, equality, and protection of human rights.

Presumption of Guilty:

• Custodial torture undermines the principle of "innocent until proven guilty”. Torturing individuals before they have been convicted of a crime violates their right to a fair trial and due process.
• It is the responsibility of the justice system to determine guilt or innocence, not to inflict punishment through torture.

Against Professionalism and Integrity:

• Police officers and authorities are expected to adhere to high ethical standards, including professionalism, integrity, and respect for human rights.
• Custodial violence violates these ethical principles and tarnishes the reputation of the profession as a whole.

Targets Vulnerable Individuals:

• Custodial violence often targets individuals who are already vulnerable, such as suspects, detainees, or prisoners. This includes marginalised populations, minorities, or those lacking social power.
• Ethically, it is crucial to protect and support the rights of these vulnerable individuals rather than subjecting them to further harm.

Betrays Legal and Moral Responsibility:

• Law enforcement officers and authorities have a legal and moral responsibility to protect the welfare and rights of those under their custody. Engaging in violence or abuse represents a betrayal of this responsibility and a violation of the ethical obligations inherent in their roles.

Way Forward

• Strengthening legal systems involves enacting comprehensive legislation that explicitly criminalizes custodial torture, ensuring prompt and impartial investigations, these measures can be taken to combat custodial torture.
• Police reforms should focus on training programs that emphasise protection of human rights besides maintaining professionalism and instilling empathy.
• Oversight mechanisms should be established to monitor and address such cases effectively.
• Civil society and human rights organizations should advocate for victims, provide support and legal assistance, and collaborate with international bodies for redress and justice.

Ethical Concerns of Organ Donation and Transplantation

Context: Recently a man from Odisha, who was declared brain dead after a severe head injury, has given a new lease of life to four people in three different states.

• While organ transplantation gives new life to someone it also surfaces ethical issues such as the consent of the donor, human rights violation, organ trafficking etc.

What is the Scenario of Organ Donation and Transplantation in India?

• Donation and Transplantation: India conducts the 3rd highest number of transplants in the world. Organs from deceased donors accounted for nearly 17.8% of all transplants in 2022.
• The total number of deceased organ transplants climbed from 837 in 2013 to 2,765 in 2022.
• The total number of organ transplants – with organs from both deceased and living donors – increased from 4,990 in 2013 to 15,561 in 2022.

How is Organ Donation Regulated in India?

• In India, Transplantation of Human Organs Act, 1994 provides various regulations for the removal of human organs and its storage. It also regulates the transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs.
• In February 2023, the Ministry of Health and Family Welfare notified National Organ Transplantation Guidelines, allowing those above 65 years of age to receive an organ for transplantation from deceased donors.
• The guidelines have removed the age limit for organ recipients, eliminated the domicile requirement, and abolished registration fees previously charged by certain states like Gujarat, Telangana, Maharashtra, and Kerala.

What are the Ethical Concerns Related to Organ Donation and Transplantation?

Living Persons:

Violates the Traditional Rule of Medicine:

• Kidney donors are known to live healthy lives. However, studies in the European Union and China have shown that a third of them are vulnerable to urinary and chest infections, which violates the first traditional rule of medicine, primum non nocere (above all, do no harm).
• One person becomes a patient to benefit another person who is already a patient.

Donation is Prone to Trafficking:

• Organ donation is susceptible to trafficking when there is illegal and unethical activity involved in the acquisition, transportation, or transplantation of organs.
• In its 1991 document "Guiding Principles on Human Organ Transplantation," the World Health Organisation (WHO) expresses concern over "the rise of commercial traffic in human organs, particularly from living donors who are unrelated to recipients."

Emotional Coercion:

• The relationship between the donor and recipient influences the donor's motivation for organ donation. Living related donors are genetically related to the recipient and often feel obligated due to family ties and emotional bonds.
• Ethical concerns include the potential for undue influence, emotional pressure, and coercion.

Deceased Person:

Consent and Autonomy:

• It is important to determine whether the person had expressed their consent or refusal for organ donation while they were alive.
• If the person's wishes are unknown, it can be ethically challenging to make decisions on their behalf.

Allocation and Fairness:

• Determining how organs are allocated fairly and equitably is an ongoing ethical concern.
• Ethical concerns can emerge when there are disparities in access to transplantation based on factors such as wealth, social status, or geographical location.

Transparency and Public Trust:

• The ethical concerns related to disclosure of information, the handling of organ procurement and transplantation procedures, and the management of organ donation registries are important considerations.

Note:

• While both deceased and living organ transplantation have their own ethical considerations, the absence of harm to living donors, respect for autonomy, and fairness in allocation make deceased organ transplantation generally considered more ethically preferable.

What are the WHO’s Guiding Principles Related to Organ Donation?

There are eleven guiding principles some are as follows:

Guiding Principle 1:

• Cells, tissues and organs may be removed from the bodies of deceased persons for the purpose of transplantation if:
• Any consent required by law is obtained, and
• There is no reason to believe that the deceased person objected to such removal.

Guiding Principle 2:

• Physicians determining that a potential donor has died should not be directly involved in cell, tissue or organ removal from the donor or subsequent transplantation procedures; nor should they be responsible for the care of any intended recipient of such cells, tissues and organs.

Guiding Principle 3:

• Deceased donations should maximize therapeutic potential, while living adult donors should comply with domestic regulations. Typically, living donors should have a genetic, legal, or emotional connection to their recipients.

Guiding Principle 4:

• No organs should be taken from living minors for transplantation, except for limited exceptions allowed by national law. Special measures must be implemented to safeguard minors, and whenever possible, their consent should be obtained before donation. The same principles apply to legally incompetent individuals (who are not able to testify or stand trial).

Guiding Principle 5:

• Donations of cells, tissues, and organs must be voluntary and without monetary compensation. The sale or purchase of these items for transplantation should be prohibited.
• However, reasonable and verifiable expenses incurred by the donor, including loss of income, can be reimbursed.
• Additionally, covering the costs of recovery, processing, preservation, and supply of human cells, tissues, or organs for transplantation is allowed.

Way Forward

• Surveys in most parts of the world show that people do appreciate the ethical need for organ donation. But their altruism is also premised on the presumption that organs will be distributed in a fair manner to those in need.
• Regulations in organ transplant policy are crucial to uphold ethical principles, protect the rights of donors and recipients, prevent organ trafficking, and maintain public trust.
• They provide a framework for a well-functioning, transparent, and morally sound organ donation and allocation system.

Need for UCC in India

Context: Indian Prime Minister in his recent address expressed his support for the implementation of a Uniform Civil Code (UCC) in India, stating that India cannot function efficiently with a system of “separate laws for separate communities”.

What is a Uniform Civil Code?

Origin and History:

• The British government's 1835 report in colonial India called for uniform codification of Indian law, including crimes, evidence, and contracts.
• However, the Lex Loci Report of October 1840 suggested that personal laws of Hindus and Muslims should be excluded from this codification.
• As British rule progressed, the B N Rau Committee was formed in 1941 to codify Hindu law, leading to the enactment of the Hindu Succession Act in 1956.

Constituent Assembly’s Views on UCC:

• During the debates in the Constituent Assembly, the inclusion of the UCC sparked significant discussion.
• There was a vote, resulting in a 5:4 majority, where it was decided by the sub-committee on fundamental rights, led by Sardar Vallabhbhai Patel, that the UCC would not be included as a fundamental right.
• Dr. B R Ambedkar, while drafting the Constitution, stated that a UCC was desirable but should remain voluntary until the nation was socially prepared to accept it.
• As a result, the UCC was placed in the Directive Principles of State Policy (DPSP) (Article 44).
• Note: In India, personal law subjects like marriage, divorce, inheritance come under Concurrent list (7th Schedule).

What are the Arguments in Favour of UCC?

• Celebrating Diversity, Strengthening Unity: It will promote national integration and secularism by removing the distinctions and contradictions based on religious personal laws and creating a common identity for all citizens.
• It would also foster a sense of unity and harmony among diverse communities.
• For example, UCC would enable inter-faith marriages and relationships without any legal hurdles or social stigma.
• Empowering Women through Uniformity: It would ensure gender justice and equality by abolishing the discriminatory and oppressive practices against women in various personal laws, such as polygamy, unequal inheritance, etc.
• Streamlining Laws for Legal Efficiency: India's current legal system is burdened with complex and overlapping personal laws, leading to confusion and legal disputes.
• A UCC would simplify the legal framework by consolidating and harmonising various laws into a single code.
• This would enhance clarity, ease of implementation, and reduce the burden on the judiciary, ensuring a more efficient legal system.
• Drawing Inspiration from Global Success Stories: Many countries across the world like France, have implemented a uniform civil code.
• A UCC is the sign of a modern progressive nation implying that it has moved away from caste and religious politics.

What are the Arguments Against the UCC?

• Threat to Minority Rights: India's strength lies in its diverse society, and personal laws have been developed to accommodate these diversities.
  • Critics argue that imposing a single code might undermine the cultural and religious autonomy of minority communities, leading to feelings of alienation and marginalisation.
• Judicial Backlog: India already faces a significant backlog of cases, and implementing a UCC could exacerbate the situation.
  • The extensive legal reforms necessary to harmonize personal laws into a single code would demand significant time and effort.
  • Consequently, during this transitional period, the legal system may experience an increased burden due to the emergence of new cases challenging the constitutionality of the UCC.
• Complexities within UCC in Goa: Goa's implementation of a UCC has been praised by the Supreme Court in 2019. However, the ground reality reveals complexities and legal pluralities within the state's UCC.
  • The UCC in Goa permits a specific form of polygamy for Hindus and does not extend the Shariat Act to Muslims (they are governed by Portuguese and Shastric Hindu laws).
  • Additionally, catholics enjoy certain privileges, such as exemption from marriage registration and the ability of Catholic priests to dissolve marriages.
  • This highlights the complexity of personal laws in India, even within a state known for implementing a UCC.

What are the Efforts Towards UCC in India?

Statutory Provision:

• Special Marriage Act, 1954: Under the act, civil marriage is permitted for any citizen, regardless of religion, allowing any Indian to get married outside of religious custom.

SC Judgements Recommending the Need for UCC:

• Shah Bano Case 1985
• Sarla Mudgal Case 1995
• Paulo Coutinho vs Maria Luiza Valentina Pereira (2019)

What is the Stance of Law Commission Related to UCC?

• Law Commission of India (2018): It stated that UCC is neither necessary nor desirable at this stage, as it would be counter-productive for the harmony of the nation.
• It also suggested that reforms in personal laws should be done by amendments and not by replacement.
• Recently, 22nd Law Commission of India has chosen to seek the opinions and suggestions of the general public as well as recognised religious organizations regarding the UCC.

What are the Challenges in Implementing UCC?

• Political Inertia: No political party has shown a sincere and consistent commitment to enact UCC, as it is seen as a sensitive and divisive issue that may alienate their vote banks.
  • Moreover, there is no consensus among various parties and stakeholders on the scope, content and form of UCC, as different groups have different views and interests on personal matters.
• Lack of Awareness and Education: Many people in India are not even aware of their legal rights and obligations under their personal laws or under the common laws.
  • They are also not educated about the benefits and drawbacks of UCC or about the experiences of other countries that have adopted or rejected UCC.
  • They are often influenced by misinformation or propaganda spread by vested interests or communal forces.

Way Forward

• Comparative Analysis: There is a need to conduct a comprehensive comparison analysis of the various personal laws in India. This will help in understanding the commonalities and areas of contention.
• Enactment of Common Principles: Based on the comparative analysis, we can enact a law of personal status that incorporates principles shared by the different personal laws.
  • These common principles, which align closely across various personal laws, can be immediately enforced to establish a uniform legal framework.
• Family Law Board: There is a need to establish a Family Law Board within the Union Law Ministry which would be responsible for studying and recommending changes to personal laws related to family matters.
• Brick by Brick Approach: A just code is far more important than a uniform code; Pilot projects can be initiated in select regions or communities which would demonstrate the viability, acceptance and practicality of a UCC.

Critical Minerals for India

Context: The Ministry of Mines, Government of India recently unveiled the first-ever report on "Critical Minerals for India" prepared by an expert team constituted by the Ministry of Mines.

• The report identifies and prioritizes minerals essential for various industrial sectors, aligning with India's vision of achieving a robust and resilient mineral sector in line with the larger goal of attaining 'Net Zero' emissions.

What are Critical Minerals?

Minerals:

• Minerals are natural substances that are formed by geological processes. They have a definite chemical composition and physical properties.
• They are classified into metallic and non-metallic minerals based on their characteristics and uses.
• Metallic minerals are those that contain metals or metal compounds, such as iron, copper, gold, silver, etc.
• Non-metallic minerals are those that do not contain metals, such as limestone, coal, mica, gypsum, etc.

Critical Minerals:

• Critical minerals are those minerals that are essential for economic development and national security, the lack of availability of these minerals or concentration of extraction or processing in a few geographical locations may lead to supply chain vulnerabilities and even disruption of supplies.

Declaration of Critical Minerals:

• It is a dynamic process, and it can evolve over time as new technologies, market dynamics, and geopolitical considerations emerge.
• Different countries may have their own unique lists of critical minerals based on their specific circumstances and priorities.
• The US has declared 50 minerals critical in light of their role in national security or economic development.
• Japan has identified a set of 31 minerals as critical for their economy.
• The UK considers 18 minerals critical, EU (34) and Canada (31).

Critical Minerals for India:

• Expert Committe under Ministry of Mines has identified a set of 30 critical minerals for India.
• These are Antimony, Beryllium, Bismuth, Cobalt, Copper, Gallium, Germanium, Graphite, Hafnium, Indium, Lithium, Molybdenum, Niobium, Nickel, PGE, Phosphorous, Potash, REE, Rhenium, Silicon, Strontium, Tantalum, Tellurium, Tin, Titanium, Tungsten, Vanadium, Zirconium, Selenium and Cadmium.
• Creation of Centre of Excellence for Critical Minerals (CECM) in the Ministry of Mines is also recommended by the Committe.
• CECM will periodically update the list of critical minerals for India and notify the critical mineral strategy from time to time.

What is the Significance of Critical Minerals for India?

• Economic Development: Industries such as high-tech electronics, telecommunications, transport, and defense heavily rely on these minerals.
  • Additionally, critical minerals are essential for green technologies like solar panels, wind turbines, batteries, and electric vehicles.
  • Given India's significant domestic demand and potential in these sectors, their growth can lead to job creation, income generation, and innovation.
• National Security: These minerals are vital for defense, aerospace, nuclear, and space applications, necessitating the use of high-quality and reliable materials capable of withstanding extreme conditions and performing complex functions.
  • To ensure defense preparedness and self-reliance, India must secure a steady supply of critical minerals.
• Environmental Sustainability: They are integral to the transition toward clean energy and a low-carbon economy, enabling the reduction of India's reliance on fossil fuels and greenhouse gas emissions.
  • With a commitment to attaining 450 GW of renewable energy capacity by 2030, these minerals are essential for achieving India's green objectives.
• International Cooperation: These collaborations enable India to diversify its import sources, reduce dependency on China, and enhance mineral security and resilience.

What are the Challenges for India Related to Critical Minerals?

• Implications of the Russia-Ukraine Conflict: Russia is a significant producer of various critical minerals, while Ukraine possesses reserves of lithium, cobalt, graphite, and rare earth elements.
  • The ongoing war between the two countries affects these critical mineral supply chains.
• Limited Domestic Reserves: India has limited reserves of critical minerals such as lithium, cobalt, and other rare earth elements.
  • Most of these minerals are imported, making India heavily dependent on other countries for its supply. This reliance on imports can create vulnerability in terms of price fluctuations, geopolitical factors, and supply disruptions.
• Increasing Demand for Minerals: The manufacturing of renewable energy technologies and the transition to electric vehicles necessitate larger quantities of minerals such as copper, manganese, zinc, lithium, cobalt, and rare earth elements.
  • India's limited reserves and higher requirements make it reliant on foreign partners to meet domestic needs.

Conclusion

• India has an opportunity to strengthen its international cooperation and partnerships through the strategic management of critical minerals. By participating in initiatives like the Mineral Security Partnership (MSP) led by the United States, India can contribute to the establishment of global critical mineral supply chains.
• Bilateral agreements with countries such as Australia, Canada, Japan, and South Africa can further enhance India's position in critical mineral exploration, development, processing, and trade.