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

First E-collectorate in Bihar

Context
Saharsa became the first district in Bihar to be declared paperless (e-office) with an aim to end the Great Indian Red Tape. 

What is Red Tape?

• It is a derisive term for excessive regulation or rigid conformity to formal rules that is considered redundant or bureaucratic and hinders or prevents action or decision-making.
• It is usually applied to the government but can also be applied to other organisations like corporations.
• It generally includes the filling out of seemingly unnecessary paperwork, obtaining of unnecessary licenses, having multiple people or committees approve a decision and various low-level rules that make conducting one’s affairs slower and/or more difficult.

What are the Consequences of Red Tapism?

• Increased Cost of Doing Business:
  • In addition to time and money spent filling out forms, red tape reduces productivity and innovation in businesses.
  • Small businesses are particularly burdened by this and may discourage people from starting up a new business.
• Poor Governance:
  • Because of red tape, contracts are not enforced consistently, and administration is delayed, resulting in delayed justice, especially for the poor. The burden of red tape requirements prevents many to enjoy their rights due to delayed governance and delayed distribution of welfare measures.
• Citizen Dissatisfaction:
  • The delays caused by government processing and the costs associated with them remain a source of dissatisfaction among citizens. Red Tapism leads to a sense of loss of trust in the government's process most of the time, leaving citizens with unresolved problems.
• Delay in Scheme Implementation:
  • Each new government scheme is met with red tape that eventually kills the larger objective for which it was launched.
  • Lack of proper monitoring, delayed release of funds, etc., are common associated issues connected to Red Tapism.
• Corruption:
  • According to a World Bank study, corruption increases with increasing red tape.
  • By complicating the normal flow of businesses, bureaucracy breeds corruption and lowers growth.

What is the Need to End Red Tape?

• Bring Efficiency:
  • Digitisation can help in bringing efficiency, transparency and accountability.
• Increased Employee Productivity:
  • It has increased employee productivity and reduced the number of workers required to process one file since files are processed within a day.
  • In the government system, it is said that the faster a file moves, the faster a policy will be implemented.
• Bring Accountability:
  • The online system has also brought in more accountability and staff members cannot sit on files for days on end.
• A Step towards Good Governance:
  • Technology is the first step towards good governance and a corruption-free system.
  • The more technology we implement, the easier our service delivery will be to the public.

Way Forward

• With a bottom-up approach of planning through separate urban-rural level socio-economic databases, there is a need for a holistic and Integrated approach from government ministries that includes identifying, evaluating, formulating, implementing and redressing data driven policies to meet the needs of the population at the earliest.
• E-Governance needs to transform all levels of Government, but the focus should be on local governments since local governments are the closest to citizens, and constitute for many, the main interface with government.
• Special attention should be given to improve digital infrastructure especially in rural areas along with better internet connectivity.
  • E-Governance through regional languages is appreciable for nations like India where people from several linguistic backgrounds are the participants.

Operation of Quasi-judicial Courts

Context
The most critical issue faced by Quasi-judicial Courts is the lack of adequate supervision and ownership by the administrative and political leadership.

• Data on the level of pendency or the speed of disposal is not compiled in many states.

What is a Quasi-judicial Body?

• About:
  • A quasi-judicial body is “an organ of Government other than a Court or Legislature, which affects the rights of private parties either through adjudication or rulemaking”.
  • It is not mandatory that a Quasi-Judicial Body has to necessarily be an organisation resembling a Court of Law.
  • For example, the Election Commission of India is also a Quasi-Judicial Body but does not have its core functions as a Court of Law.

Some examples of Quasi-Judicial Bodies in India are:

• National Green Tribunal
• Central Information Commission (CIC)
• Lok Adalat
• Finance Commission
• National Consumer Disputes Redressal Commission
• Income Tax Appellate Tribunal
• Railway Claims Tribunal

Role in Governance:

• In the conventional judicial process, a large section of the populace for the fear of expenditure may hesitate from approaching the Courts, thus defeating the purpose of justice.
• Quasi-judicial bodies, on the other hand, have an overall low-cost which encourages people to seek redressal for their grievances.
• Tribunals and other such bodies do not follow any lengthy or complex procedure for submitting application or evidence etc.
• Quasi-judicial bodies, while taking up specific matters, majorly help by sharing the massive workload of the Judiciary.
• Like the National Green Tribunal adjudicating the matters related to environment and pollution.
• Quasi-judicial bodies are accessible, free from technicalities, expeditious and proceed more rapidly and efficiently as manned by experts.

Challenges:

• Data on the level of pendency or the speed of disposal is not compiled in many states.
• There is a class of quasi-judicial agencies that are not discussed in conversations on the pendency of cases.
• These are generally handled by the revenue authorities and largely relate to land, tenancy, excise, arms, mining, or preventive functions under the Criminal Procedure Code. Usually, many of these offices are understaffed.
• Their engagement with duties such as law and order, protocol, coordination and other administrative functions leaves them with much less time for court work.
• Their access to court clerks and record keepers is limited. Computers and video recorders are not available in many of these courts.
• Several of the presiding officers lack proper knowledge of law and procedures, which has landed many civil servants in deep trouble in sensitive matters such as those related to arms licenses.

What Measures can be taken to Improve Quasi-judicial Courts?

• The government should make the efficient functioning of these agencies a priority and clearly articulate its position on the issue.
• Detailed data on the functioning of these agencies must be collected and published from time to time, at least annually.
• These should be laid before the concerned legislatures.
• These results should be the basis of decisions regarding the rationalising of staff strength.
• An electronic platform should be established to handle all ancillary work related to the administration of justice, such as filing of complaints, issue of summons, movement of case records between courts, issuing copies of the judgments and so on.
• It could establish a sound basis for analysing the functioning of these bodies and facilitate the publication of statistics.
• Annual inspections of the subordinate courts should be made mandatory.
• This should be an important indicator for assessment by the superior authority. The inspections could become the basis of customised training of presiding officers.
• Interdisciplinary research on the functioning of these courts should be encouraged.
• This would identify the areas of improvement such as legal reforms or issue of clear guidelines.
• Regular training and orientation of the adjudicating authorities should be taken up from time to time.
• The state index of performance of these quasi-judicial courts be made and published.
• It would draw the attention of the states to their performance in comparison to others and help them identify areas of weakness.
• Important decisions, guidelines and directions could be compiled and published on the portal of the apex adjudicating forum such as the Board of Revenue.
• These would be helpful to lower-level agencies.
• More rigorous induction training of officials handling judicial work would be helpful.
• The importance of judicial work should be instilled among the trainees and the skill and confidence in handling them should be developed.
• Procedural reforms such as minimising adjournments, mandatory filing of written arguments and other such reforms proposed by bodies like the Law Commission for reform of the Civil Procedure Code should be adopted by these adjudicating bodies.

Religious Conversion

Context

• The  Supreme Court recently said that while charity is welcome, its purpose should not be to convert the gullible.

More about the news

• Issue:
• The court was examining the "very serious issue" of forcible or deceitful conversions in the country.

Apex Court’s opinion:

• Examining the intentions of charity:
  • The Supreme Court said that the purpose of charity should not be conversion. 
  • The court said it would examine such veiled intentions behind religious conversions through allurement by offering food, medicines, treatment, etc.
  • Everybody has a right to choose their religion. But that should not be by luring, by giving some aid.
• Differentiating the true belief:
  • As stated by the court, conversion on the basis of a voluntarily felt belief in the deity of a different faith is different from belief gained through allurement.
• Centre’s opinion:
  • Solicitor General for the Centre, said that, a neutral authority will decide whether it is in lieu of grains, medicines, treatment offered that a person is converting or whether there is a religious or philosophical change of heart.
• Background:
  • Union government has also told the Supreme Court that it is “cognisant of the menace” of forced conversions and will take “appropriate steps” to deal with it.
  • Court has also directed the Centre to provide details of anti-conversion laws in various States and other materials.

Right to Freedom of religion in India

• The Indian Constitution allows individuals the freedom to live by their religious beliefs and practices as they interpret these. 
• In keeping with this idea of religious freedom for all, India also adopted a strategy of separating the power of religion and the power of the State
• Constitutional Provisions:
  • Article 25: Freedom of conscience and free profession, practice and propagation of religion
  • Article 26:  Freedom to manage religious affairs
  • Article 27: Freedom to pay taxes for promotion of any particular religion
  • Article 28: Freedom to attend religious instruction or worship in certain educational institutions.

Conversions & conflict with the right to freedom to religion

• The right to freedom to religion, and more importantly the right to conscience of all citizens of the country, is an extremely cherished and valuable rights which ought to be protected by the Executive and the Legislature.
• But, “the right to freedom of religion does not include a fundamental right to convert people to a particular religion”.

Legislation against Forced Conversions in India

• About the regulation of Conversions in India:
  • In 1954, Parliament took up for consideration the Indian Conversion (Regulation and Registration) Bill. Six years later, another law, the Backward Communities (Religious Protection) Bill, 1960, was proposed to stop conversion. Both were dropped for want of support. 
• State Laws:
  • There are a few states (Arunachal Pradesh, Orissa, Madhya Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, and Uttarakhand) which have enacted upon anti-conversion law in India.
• Aim:
  • The basic aim of the legislation was to prevent the individual and communities from converting one’s religion of their forefathers to another religion mainly weaker or influential sectors of society namely women, children, backward classes and untouchables. 

Major Criticisms 

• The Anti-Conversion law enacted a restriction on conversion to one’s choice of religion, practice, propagate and promote so converted religion and thereby infringes the right to privacy of individuals.
• Religious leaders of minority communities faced apprehension of being arrested and prosecuted under anti-conversion law. 
• The report states: In most cases, Christians have been forced to shut down their places of worship and stop assembling for their Sunday prayers.
• Even though their proposed purpose is to protect the minorities it has a detrimental impact on our society. 
• It has also been criticised that such acts & bills are against the Constitution as there is an attempt to disturb peace in the country and divert public attention for political reasons.

Conclusion and Way ahead

• There may be freedom of religion but there may not be freedom of religion by forced conversion and Everybody has the right to choose their religion, but not by forced conversion or by giving temptation.

Digital Shakti 4.0

Context
The National Commission for Women (NCW) has recently launched the fourth phase of the Digital Shakti Campaign.

• NCW launched it in collaboration with CyberPeace Foundation and Meta.

What is Digital Shakti?

• About:
  • Digital Shakti started in June 2018 to help women across the nation to raise the awareness level on the digital front.
  • It is helping women in reporting & redressal mechanisms, data privacy and usage of technology for their benefits.
  • The third phase of the program was started in March 2021 with the launch at Leh.
• Digital Shakti 4.0:
  • Digital Shakti 4.0 is focused on making women digitally skilled and aware to stand up against any illegal/inappropriate activity online.
  • It aims to ensure safe cyber spaces for women.
• Achievements:
  • Through the Digital Shakti project, over 3 Lakh women across India have been made aware of cyber safety tips and tricks, reporting & redressal mechanisms, data privacy and usage of technology for their benefits.

What is National Commission for Women?

• It was set up as a statutory body in January 1992 under the National Commission for Women Act, 1990.
• Its mission is to strive towards enabling women to achieve equality and equal participation in all spheres of life by securing her due rights and entitlements through suitable policy formulation, legislative measures, etc.
• Its functions are to:
  • Review the constitutional and legal safeguards for women.
  • Recommend remedial legislative measures.
  • Facilitate redressal of grievances.
  • Advise the Government on all policy matters affecting women.

UIDAI Enrollment of Prisoners

Context
Recently, as a special measure to enroll prison inmates across the country, the Unique Identification Authority of India (UIDAI) has agreed to accept the Prisoner Induction Document (PID) as a valid document for enrolment or update of Aadhaar.

• Though the campaign to extend Aadhaar facility to prisoners was launched in 2017, the process did not take off on expected lines since enrolment to the scheme required valid supporting documents prescribed by the UIDAI.

What is the Unique Identification Authority of India?

• Statutory Authority: The UIDAI is a statutory authority established on 12^th July 2016 by the Government of India under the jurisdiction of the Ministry of Electronics and Information Technology, following the provisions of the Aadhaar Act 2016.
• The UIDAI was initially set up by the Government of India in January 2009, as an attached office under the aegis of the Planning Commission.
• Mandate: The UIDAI is mandated to assign a 12-digit unique identification (UID) number (Aadhaar) to all the residents of India.
• The overall Aadhaar saturation level in the country has crossed 93%, and in the case of the adult population it is nearly 100%

What is the Significance of Aadhaar?

• Promoting Transparency and Good Governance: Aadhaar number is verifiable in an online, cost-effective way.
• It is unique and robust enough to eliminate duplicates and fake identities and thus used as a basis/primary identifier to roll out several Government welfare schemes thereby promoting transparency and good governance.
• Helping Bottom of the Pyramid: Aadhaar has given identity to a large number of people who did not have any identity earlier.
• It has been used in a range of services and has helped in bringing financial inclusion, broadband and telecom services, direct benefit transfers to the bank account of citizens in a transparent manner.
• Neutral: Aadhaar number is devoid of any intelligence and does not profile people based on caste, religion, income, health and geography.
• The Aadhaar number is a proof of identity, however, it does not confer any right of citizenship or domicile in respect of an Aadhaar number holder.
• People-Centric Governance: Aadhaar is a strategic policy tool for social and financial inclusion, public sector delivery reforms, managing fiscal budgets, increasing convenience and promoting hassle-free people-centric governance.
• Permanent Financial Address: Aadhaar can be used as a permanent Financial Address and facilitates financial inclusion of the underprivileged and weaker sections of the society and is therefore a tool of distributive justice and equality.
• Thus, the Aadhaar identity platform is one of the key pillars of ‘Digital India’.

What are the Concerns related to Aadhaar?

• Misuse of Aadhaar Data:
• Many private entities in the country insist on an Aadhaar card, and users often share the details.
• There’s no clarity on how these entities keep these data private and secure.
• More recently with Covid-19 testing, many would have noticed that most labs insist on Aadhaar card data, including a photocopy.
• It should be noted that it is not mandatory to share this for getting a Covid-19 test done.

Excessive Imposition:

• In 2018, the Supreme Court ruled that Aadhaar authentication can be made mandatory only for benefits paid from the Consolidated Fund of India and that alternative means of identity verification must always be provided when Aadhaar fails.
• Children were exempt but aadhaar continues to be routinely demanded from children for basic rights such as anganwadi services or school enrolment.

Arbitrary Exclusions:

• Central and state governments have made routine use of the “ultimatum method” to enforce the linkage of welfare benefits with Aadhaar.
• In this method, benefits are simply withdrawn or suspended if the recipients fail to comply with the linkage instructions in good time, such as failing to link their job card, ration card or bank account with Aadhaar.

Fraud-prone Aadhaar-enabled Payment System (AePS):

• AePS is a facility that enables someone who has an Aadhaar-linked account to withdraw money from it anywhere in India through biometric authentication with a “business correspondent” – a kind of mini-ATM.
• There have been rampant abuses of this facility by corrupt business correspondents.

Way Forward

• Ensure Benefits to Needy not Withdrawn:
  • Benefits should never be withdrawn or suspended without (1) advance disclosure of the names that are likely to be deleted along with reason for proposed deletion, (2) issuing a show cause notice to those concerned and giving them an opportunity (with ample time) to respond or appeal, (3) ex-post disclosure of all cases of deletion, with date and reason.
• Stronger Safeguards Needed:
  • The National Payments Corporation of India (NPCI) must urgently put in place stronger safeguards against the vulnerabilities of Aadhaar-enabled Payment Systems and better grievance redressal facilities.

Prevention of Cruelty to Animal Act

Context

• Recently, the Union Government has proposed to introduce 61 amendments to the Prevention of Cruelty to Animal Act 1960.

More about the news

About:

• The draft Prevention of Cruelty to Animal Act, (Amendment) Bill-2022 has been prepared by the Ministry of Fisheries, Animal Husbandry and Dairying.

Key provisions of the draft:

• Imprisonment for killing the animal:
  • The draft proposes a maximum 5-year imprisonment, along with a fine, for killing an animal. For this, a new clause has been proposed.
• Gruesome cruelty:
  • The Act defines gruesome cruelty as “an act that leads to extreme pain and suffering to the animals which may cause lifelong disability or death”.
  • Gruesome cruelty shall be punishable with a minimum fine of Rs 50,000 which may be extended up to Rs 75,000 or the cost may be decided by judicial magistrate in consultation with the jurisdictional veterinarians whichever is more or with the imprisonment of one year which may extend up to three years or with both
• Bestiality:
  • The draft includes ‘bestiality’ as a crime under the new category of ‘gruesome cruelty’. 
• Community animals:
  • In the case of community animals, the local government shall be responsible for their care. 
  • The draft proposals introduce the community animal as - any animal born in a community for which no ownership has been claimed. 
  • It excludes wild animals as defined under the Wildlife Protection Act, 1972 (53 of 1972).
• Five freedoms to animals:
  • The draft also proposes the insertion of a new Section 3A, which provides ‘five freedoms’ to animals. 
  • It shall be the duty of every person having charge of an animal to ensure that the animal in his care or under his charge has: 
  • Freedom from thirst, hunger and malnutrition; 
  • Freedom from discomfort due to environment; 
  • Freedom from pain, injury and diseases; 
  • Freedom to express normal behaviour for the species; and 
  • Freedom from fear and distress.

Constitutional protection for animals

The Constitution of India establishes a duty on both the State as well as on people to ensure security and conservation of animals at all costs.  

• Article 48A:
  • According to Article 48A, it is the responsibility of the State to improve the strength of animals and safeguard the wildlife of the country. It shall strive to enhance the population of animals and ensure that they are protected from all attacks. 
• Article 51A(g):
  • According to Article 51A(g), it is the Fundamental Duty of every citizen to protect and improve forests and wildlife and to have compassion for all living creatures. 
• Article 21:
  • Due to the expansive interpretation taken by the courts, the rights of the animals are also protected under Article 21 of the Constitution. 
  • Every species has a right to life and security, in accordance with the law of the land, and this right is not merely limited to human beings but is expanded to include within its ambit animals and birds as well. 

Key provisions of the Prevention of Cruelty to Animals Act, 1960

• About:
  • The Prevention of Cruelty to Animals Act, 1960 (hereinafter PCA Act, 1960) is the first enacted law for safeguarding the rights and protecting the animals from pain and suffering inflicted by humans. 

Some of the main features of the Act are as follows:

• Definition:
  • The Act has established the definition of animals to include any living creature other than human beings and different forms of animals. 
• Offences & punishments:
  • In order to protect the animals from lifetime agony and pain, the Act has set forth punishments for offenders who cause unnecessary suffering and cruelty towards animals. 
  • The Act further discusses different forms of cruelty inflicted on animals, its exceptions and the process of killing a suffering animal, when cruelty has been imposed, to avoid any further suffering for that animal. 
• Guidelines for experimenting on an animals:
  • The Act underlines the guidelines to be followed while experimenting on an animal for scientific purposes and exhibition of performing animals along with their offences.
• Animal Welfare Board of India:
  • One of the features that the Act specifies is the establishment of the Animal Welfare Board of India (hereinafter AWBI).

Key provisions of the Wildlife Protection Act, 1972

• About:
  • The Wildlife Protection Act, 1972 aims to preserve the wildlife species of both fauna and flora and establishes reserved places for their survival. 
  • The Act also lays down restrictions on various animal species to be hunted down.

Some of the salient features with respect to safeguarding the interest of animals are:

• Prohibition of hunting:
  • The Act prohibits the hunting of animals mentioned under Schedule I, II, III and IV.

Setting up of following boards:

• National Board for Wildlife & State Board for Wildlife:
  • It is a statutory body established under the Act that is responsible for advising the government on wildlife conservation, reviewing and approving various projects relating to wildlife, promoting the conservation and development of wildlife. 
  • A separate State Board for Wildlife has also been directed to be set up in each state under the said Act.
• Central Zoo Authority:
  • It is yet another body incorporated under the Act.
• Wildlife Crime Control Bureau: 
  • It was constituted under the Act to fight the ever-growing crime rates against wildlife in the country

Way Ahead

• The increasing number of cases of cruelty against animals merely shows the insensitive yet gruesome nature of people. 
• It is high time when we need to understand that the word is a linkage between many prevalent communities including animals. Without their existence, humans would cease to exist. 
• Therefore, considering the substantial role played by animals in our lives, we need to sensitise those who wilfully hurt animals. 
• Proper implementation of laws is the need of the hour in addition to instilling the compassionate feeling in an individual.