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

1. Expansion Of The Ambit Of National Commission Of Women 

Prime Minister emphasised the need to broaden the ambit of National Commission of Women. He focused on to promote women entrepreneurs in the Country. 

Key Point of PM’s Speech 

• Women participation in growth cycle of India is on rise. 
• Strength of self-help group has increased by three times in the past six or seven years. 
• Women commissions must ensure the increase women’s role in entrepreneurship. National Commission of Women (NCW) 
• The Committee On Status Of Women In India recommended the establishment of NCW. 
• Formed under the National Commission of women Act 1990, it is a statutory body of Government of India, which advices the government on all policy matters affecting women. 
• The commission provides financial assistance to NGOs and educational institutions that conduct legal awareness programs to help women become more aware of their rights. 
• The commission constitute Chairperson designated by Central Government and five nominated members by Central Government. 
• At least one member from SC and ST shall be nominated by the Central Government. 
•  The Chairperson and every member shall hold office for such a period, not exceeding three years, as may be specified by the Central Government. The maximum age till Chairperson can remain in office is 65 Years. 
• The NCW submits its report to Central Government. 

2. Dilution Of Lokayukta Power In Kerala 

• Kerala Cabinet has recommended to the Governor to promulgate an ordinance amending Kerala Lok Ayukta Act, 1999. 
• The amendment aims at giving powers to the government to either accept or reject the verdict of the Lokayukta, after giving an opportunity of being heard. Concerns Regarding Proposed Amendment 
• By this ordinance, the quasi-judicial institution will become toothless. 
• It will reduce the power of the institution to only recommendations or sending reports. Lokayukta 
• Section 3 of the Lokayuktas Act 2013 states that “Every state shall establish a body to be known as the Lokayukta for the State, if not so established, constituted or appointed by a law made by the State Legislature. 
• Given that states have autonomy to frame their own laws, the Lokayukta’s powers vary from state to state on various aspects, such as tenure, and need of sanction to prosecute officials. 
• It is statutory body and performs function of an ombudsman. The Lokpal and Lokayuktas Act, 2013 
• It provides for establishing a Lokpal headed by a Chairperson, who is or has been a Chief Justice of India, or is or has been a judge of Supreme Court, or an eminent person who fulfills eligibility criteria as specified. 
• Of its other members, not exceeding eight, 50% are to be judicial members, provided that not less than 50% belong to the SCs, STs, OBCs, minorities, or are women. 
• The term of office for Lokpal Chairman and Members is 5 years or till the age of 70 years. 
• The members are appointed by the President on the recommendation of a Selection Committee, which comprises Prime Minister as its Chairperson; Speaker of Lok Sabha, Leader of Opposition in Lok Sabha, Chief Justice of India or a Judge nominated by him/her and One eminent jurist. 
• Lokpal jurisdiction: To inquire into allegations of corruption against anyone who is or has been Prime Minister, or a Minister in the Union government, or a Member of Parliament, as well as officials of the Union government under Groups A, B, C and D.
  (i) Covers chairpersons, members, officers and directors of any board, corporation, society, trust or autonomous body either established by an Act of Parliament or wholly or partly funded by Centre.
  (ii)  Covers any society or trust or body that receives foreign contributions above Rs10 lakh. 
• The Lokpal was appointed in March 2019 and it started functioning since March 2020 when its rules were framed. 
• The Lokpal is at present headed by former Supreme Court Justice Pinaki Chandra Ghose In order to tackle corruption, the institution of the ombudsman should be strengthened both in terms of functional autonomy and availability. Lokayuktas should set up on the line of the Lokpal. 

3. Private Sector Quota Law 

Punjab and Haryana High Court has stayed a law that reserves 75% of jobs for people from Haryana in private establishment across the state. 

Key Points Of Law

• The law provides for 75% reservation in private sector jobs to those having a resident certificate (domicile). 
• The law is applicable for ten years. 
• Jobs with a gross monthly salary of not more than Rs 30,000 will be up for hiring from among local candidates. 
• It aims to create right balance between industries and the economy. 

4. Freebies By Political Parties 

The Supreme Court sought responses from Union government and Election Commission of India (ECI) on political parties promising or distributing irrational freebies using public funds. Background Political parties promise to offer free electricity/water supply, monthly allowance to unemployed, daily wage worker and women as well gadgets like laptops, smart phones etc. in order to secure the votes of the people.

Way Forward 

• Differentiating Subsidies and Freebies: There is a need to understand the impacts of freebies from the economic sense and connect it with the taxpayers money. It is also essential to distinguish between subsidy and freebies as subsidies are the justified and specifically targeted benefits that arise out of demands.
• Better Policy Reach: The economic policies or development models that the parties plan to adopt have to be very clearly stated and implemented effectively 
• Judicious Demand-Based Freebies: The judicious and sensible offering of freebies or subsidies that can accommodate all the people in the states’ budget do not do much harm and can be leveraged. 
• Awareness: People should realize the wrong they do in selling their votes for freebies. 

5. Digital Sansad App 

• The Lok Sabha secretariat has launched a new app called Digital Sansad. 
• It will make it easier for people as well as the lawmakers to follow proceedings in Parliament. 
• Live broadcast of the proceedings of both the Houses of Parliament, information about the day-to-day business of the Houses, discussion on the budget since 1947, House discussions from 12th Lok Sabha to 17th Lok Sabha along with the letter to be laid on the Table of the House are also available on the app. 
• In addition, it will also help members of parliament access services such as checking personal updates like status of their notices, House bulletins, etc. 
• As MPs are barred from using laptops inside the House, the app comes handy for parliamentary information for MPs during a debate in the House. 
• In future, the MPs can log in for attendance, give questions for the Question Hour or submit notices for debates or adjournment motions. 

6. Section 498 (A) Misuse 

Supreme Court has highlighted the growing misuse of section 498A of IPC with the rising clash in marriages. It is observed by the Court that there is increased use of provision such as section 498A IPC as an instrument against the husband and his relatives. Section 498 (A) 

• Section 498 (A) of IPC 1860 was passed by the Indian Parliament in 1983. 
• It is a criminal law. It is defined that if husband or the relative of the husband of a woman, subjected such woman towards cruelty, then they would be punished with imprisonment for term which might extend to 3 years and may be liable for fine. 
• The fact that Section 498-A is a cognizable and non-bailable offence has lent it a place of one of progressive rescue for violence against woman. However, it is important to stop the misuse of procedure of law and use this provision to shield and not as weapon.
  

How Section 498A is Misused 

• Against Husband & Relatives: With the rise in the rate of education, financial security, and modernization, the more independent and the radical feminists have made Section 498A of IPC as a weapon in their hands than a shield.
  (i) Police often visit the office premises of men in order to shame them and jeopardize their job situation. Police also pick up relatives of men who are not even named in the complaint, they are illegally detained by police and forced to give their statements.
  (ii) Judges grant interim bail and then keep on extending the bail for every 5 or 7 days and thus the man is neither arrested nor free but keeps on attending court dates without any reason 
• Blackmail Attempts: In most cases the Section 498A complaint is generally followed by the demand of a huge amount of money to settle the case outside the court. 
• Degradation of Marriage: Women have begun misusing Section 498 of IPC as a tool for their vengeance or to get out of wedlock. 
• Malimath Committee Report, 2003: Similar views were also expressed by the Committee report on reforms in the criminal justice system. It noted that the "general complaint" of Section 498A to be a subject to gross misuse.

7. Television Content Regulation 

Information and broadcasting Ministry (I&B) cancelled broadcast license of Malayalam- language news channel through an order. The order mentioned that Home Ministry denied security clearance to the channel. Background Union Government amended the Cable Television Network Rules, 1994. The amendment brings in a statutory mechanism in the form of Cable Television Networks (Amendment) Rules, 2021 for three tier redressal of grievances /complaints of citizens 

• A viewer can successively approach the channel, then a self-regulatory body of the industry, and finally the I&B Ministry, which can issue a show cause notice to the channel, and then refer the issue to an InterMinisterial Committee (IMC). 
• For content on OTT platforms too, there is a similar structure. Power of I&B 
• In Feb’ 2021, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 extended its regulatory powers over internet content, Over the top platform (“OTT”) etc. 
• Films Related: Central Board of Film Certification (CBFC) has power to withhold a rating unless the filmmaker agrees to its suggestion. While it isn’t the CBFC’s mandate to censor a film
• TV channels related: The Ministry also has the Electronic Media Monitoring Cell that tracks channels for any violations of the programming and advertising codes mentioned in the Cable TV Network Rules,1994. 
• Print Media and Website Related: The Ministry acts on the recommendation of Press Council of India, the government can suspend its advertising to a publication. Freedom of speech and expression is not absolute. It is important to have proper implementation of rules and regulation on contents creation. The content on any of these platforms has to follow the free speech rules of the country. Article 19(1) of the Constitution, while protecting freedom of speech, also lists certain “reasonable restrictions” including content related to:
  

Do Other Agencies Play a Role

• There is no direct involvement, as the powers to regulate content rest only with the I&B Ministry. However, the Ministry relies on inputs from other ministries, as well as intelligence agencies. 
• For Example: In the recent case, the license was revoked because Home Ministry had denied it security clearance, which is essential as part of the policy. 
• There is also a new mechanism the I&B Ministry adopts: It has used emergency powers it has under the new IT Rules to block certain YouTube channels and social media accounts based on inputs from intelligence agencies. The recourse available to anyone whose channel or account has been banned would be to go to the courts.
  

8. Anti-Conversion Bill 2022 

Haryana Cabinet approved the draft of Haryana Prevention of Unlawful Conversion of Religious Bill 2022. It is aimed to prohibit religious conversion that are forceful or allurement or by any fraudulent. 

Provision Of The Bill 

• The bill provides for greater punishment for above mentioned conversions in respect of minors, women, Schedule caste and Schedule tribe. 
• Every individual converting from one religion to another has to submit to the prescribed authority a declaration that the conversion affected through was not by any fake means. 
• The burden of proof that conversion is not being through above mentioned means is on the accused. Existing Laws on Anti Conversion There is no central law on conversion. However, many states like Uttar Pradesh, Arunachal Pradesh, Karnataka, Uttarakhand, Himachal Pradesh, Gujarat, Madhya Pradesh, Orissa Chhattisgarh have anti conversion laws.

9. Fundamental Duties 

Supreme Court has issued a notice to the Centre and states to respond to a petition to enforce the Fundamental Duties of citizens, including patriotism and unity of the nation, through comprehensive, well-defined laws.
Fundamental Duties

• Fundamental Duties were incorporated by 44th Constitutional Amendment Act in the year 1976 on the recommendation of Swaran Singh Committee. 
• There were 10 in number. In 2002 one more Fundamental duty was added through 86th Constitutional amendment Act. 
• Unlike fundamental rights, fundamental duties are not enforceable (non-justiciable) in Courts. 
• It is intended to be reminder to every citizen to observe certain basic norm. 
• The characteristic of Fundamental Duty is of two types - moral and civic. Laws To Give Effect To Fundamental Duties 
• Prevention of Insult to National Honour Act (1971) prevents disrespect to the constitution of India, the National Flag and the National Anthem. 
• Wildlife Protection Act and Forest Conservation Act 1980. 
• Right to Education Act 2009 specifies the duties and responsibilities of parents in providing free and compulsory education. Need to Legally Enforce Fundamental Duties 
• In erstwhile Soviet Union Constitution, the rights and duties were placed on the same footing. 
• There is a pressing need to enforce and implement at least some of the fundamental duties. For instance, to uphold and protect sovereignty, unity and integrity of India, to defend the country and render national service when called upon to do so and to disseminate a sense of nationalism and to promote the spirit of patriotism to uphold the unity of India. 
• These fundamental duties assume significance after the emergence of China as a superpower.
  

10. First Information Report 

First Information Report (FIR) is the written document prepared by the Police after verifying the facts of the complaint. 

Key Point of First Information Service

• The term FIR is not defined in the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), 1973, or in any other law. It is defined in Police regulations and rules as Information recorded under section 154 of CrPC. 
• Section 154 (Information in cognizable cases) says that “every information relating to the commission of a cognizable offence, if given on to an officer in charge of a police station shall reduce to writing by him or under his direction”. 
• A copy of the information as recorded shall be given forthwith, free of cost to the informant. Important Element of an FIR: There are three important elements of an FIR 
• The information must relate to the commission of a cognizable offence. 
• It should be given in writing or orally to the head of the Police station. 
• It must be signed by the informant and the key points should be recorded in a daily dairy. Cognizable Offence A cognizable offence is one in which the police may arrest a person without warrant. Police is authorised to start investigation into a cognizable case on their own and do not require any order from the Court to do so. What If The Police Refuse To Register An FIR 
• Under Section 154(3) CrPC, if any person is aggrieved by the refusal on the part of the officer in charge of a police station to register an FIR, she can send the complaint to the Superintendent of Police/DCP concerned. 
• Who, if satisfied that such information discloses the commission of a cognizable offence, will either investigate the case, or direct an investigation by a subordinate police officer. 
• If no FIR is registered, the aggrieved persons can file a complaint under Section 156(3) CrPC before a concerned court which, if satisfied that a cognizable offence is made out from the complaint, will direct the police to register an FIR and conduct an investigation.
  

11. Legislation for Refugees 

NHRC had a discussion on Protection of the basic human rights of refugees and asylum seekers in India Highlight of Discussion 

• Refugees and asylum seekers are entitled to the rights charted in Article 14 (Right to Equality), Article 20 (Protection with respect to conviction of offenses), and Article 21 (Right to Life) of the Constitution. Article 21 encompasses the right of non-refoulement, the principle under international law which states that a person fleeing persecution from his own country should not be forced to return to his own country. 
• NHRC has drafted model law on asylum and refugees a decade ago but was never implemented by Government. Need of Refugees Law 
• The influx of refugees in India is huge and India is considered a country that has always taken refugees. E.g Tibetan Refugees, refugees from Afghanistan so it is logical to make legislation to deal with it. 
• Due to absence of law, intermixing of refugees and migrant has created haphazard situation. 
• India requires long term practical solution to shift from charitable approach to a rights-based approach by enacting a national refugee law. 
• A national refugee law will streamline refugee status determining procedures. 
• It will guarantee refugees with basic human rights. Concerns Regarding Refugees in India
• India has not signed the 1951 Refugee Convention which leads to legal insecurity of refugees’ status and difficulty to access in terms of refugee rights. 
• Due to the absence of specific laws, refugees and asylum seekers are regulated under the Foreigners Act, 1946. As a result, these people are treated similar to tourist, illegal immigrants, and economic immigrants.
• Absence of uniform law leads to unequal treatment towards refugee groups. This is reflected in how refugees from Tibet are well received compared to refugees from Myanmar in India.
• Incoming refugees are treated based on their national origin and political considerations, questioning the uniformity of rights and privileges granted to refugee communities as per the international human rights conventions and UN treaties

Laws for Refugees and Asylum seekers would give legal sanctity and uniformity, ensuring the protection of Human rights.

12. Importance of Caste Data 

SC upheld the 27% quota for OBC in the All-India quota seats for the NEET and ruled that reservation for backward classes were not an exception but an extension of the principle of equity under Article 15(1) of the constitution. Background Reservation system has been introduced to do away with historical injustice. Reservation and quota system in India was introduced by during British period. The first socio-economic caste census (SECC) in India was conducted in 1931 along with census. The 2nd and latest SECC was conducted in 2011 was conducted. Need of SECC 

• Lack of data on OBC: Even though data concerning the Scheduled Castes and Scheduled Tribes have been included in the Census, there is no similar data on OBCs. 
• SECC provides statistical justification for caste based affirmative actions. 
• Legal imperative to have quantifiable data as per the judgment of the SC in Indira Swahney Case and M. Nagraj Case.
  (i) In the Indra Sawhney case, the Supreme Court held that the States must conclude the “backwardness” of a particular class of people only after proper assessment and objective evaluation. It held that such a conclusion must be subject to periodic review by a permanent body of experts.
  (ii) The National Commission for Backward Classes Act, 1993 provides under Section 11 that the Central government may every 10 years revise lists with a view to exclude those classes which have ceased to be backward and include new backward classes. This exercise has not been done to date 
• It will enable independent research and help in identifying poor households and devising positive actions. Concerns Regarding SECC 
• Calls for caste data in Census: Last year, many calls were made for the inclusion of caste data (including that of the OBCs) in the 2021 Census, and the matter reached the Supreme Court. 
• However, the government took the stand that the 2011 SECC was “flawed” and is “not usable”. 
•  The government did not add caste data in this census due to ‘practical difficulties’. 
• Reliability of data is a concern. It may compromise the integrity of census data. 
• Differences with regard to objective of census and SECC. In the former data are considered confidential and in the later data are open for use by government departments. {For more on Caste Census refer The Recitals – Sept’ 2021} Suggestions For Improving The System Of Reservation 
• Socio-economic mapping on continuous basis and a dynamic reservation system so that the most disadvantaged section could get benefit of reservation system. 
• Capping the benefit of reservation for privileged section within the backward classes. 
• The focus should be on education system at grass root level to empower weaker section of the society. A careful and reliable exercise of SECC will be an important step for uplifting the most backward classes from its shadow of caste and class politics. It will also help in bridging the current divide that has been created due to misuse or the perceived misuse of reservation.