Weekly Current Affairs (15th to 21st February 2023) Part - 1 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Custodial Death

Context: According to the Ministry of Home Affairs (MHA) in the last five years, the highest number of custodial deaths have been reported in Gujarat at 80.

What is Custodial Death?

About:

• Custodial death is a death that occurs while a person is in the custody of law enforcement officials or in a correctional facility. It can occur due to various causes such as use of excessive force, neglect, or abuse by the authorities.
• According to the Law commission of India, the crime by a public servant against the arrested or the detained person who is in custody amounts to custodial violence.

Custodial Death in India:

• A total of 146 cases of death in police custody were reported during 2017-2018,
  • 136 in 2018-2019,
  • 112 in 2019-2020,
  • 100 in 2020-2021,
  • 175 in 2021-2022.
• In the last five years, the highest number of custodial deaths (80) has been reported in Gujarat, followed by Maharashtra (76), Uttar Pradesh (41), Tamil Nadu (40) and Bihar (38).
• National Human Rights Commission (NHRC) has recommended monetary relief in 201 cases, and disciplinary action in one case.

What are the Possible Reasons for Custodial Deaths?

• Absence of Strong Legislation:
  • India does not have an anti-torture legislation and is yet to criminalise custodial violence, while action against culpable officials remains illusory.
• Institutional Challenges:
  • The entire prison system is inherently opaque giving less room to transparency.
  • India also fails in bringing the much desired Prison Reforms and prisons continue to be affected by poor conditions, overcrowding, acute manpower shortages and minimal safety against harm in prisons.
• Excessive Force:
  • The use of excessive force including torture to target marginalised communities and control people participating in movements or propagating ideologies which the state perceives as opposed to its stature.
• Lengthy Judicial Processes:
  • Lengthy, expensive formal processes followed by courts dissuade the poor and the vulnerable.
  • Not Adhering to International Standard:
  • Although India has signed the United Nations Convention against Torture in 1997 its ratification still remains.
  • While signing only indicates the country’s intention to meet the obligations set out in the treaty, Ratification, on the other hand, entails bringing in laws and mechanisms to fulfil the commitments.
• Other Factors:
  • Medical neglect or lack of medical attention, and even suicide.
  • Poor training or lack of accountability among law enforcement officials.
  • Inadequate or substandard conditions in detention centers.
  • Underlying health conditions or pre-existing medical conditions that are not adequately addressed or treated while in custody.

What are the Provisions Available Regarding Custody?

Constitutional Provisions:

• Article 21:
  • Article 21 states that “No person shall be deprived of his life or personal liberty except according to procedure established by law”.
  • Protection from torture is a fundamental right enshrined under Article 21 (Right to Life) of the Indian constitution.
• Article 22:
  • Article 22 provides “Protection against arrest and detention in certain cases”.
  • The right to counsel is also a fundamental right under Article 22(1) of the India constitution.

Role of State Government:

• Police and public order are State subjects as per the Seventh Schedule of the Constitution of India.
• It is primarily the responsibility of the state government concerned to ensure the protection of human rights.

Role of Central Government:

• The Central Government issues advisories from time to time and also has enacted the Protection of Human Rights Act (PHR), 1993.
• It stipulates establishment of the NHRC and State Human Rights Commissions to look into alleged human rights violations by public servants.

Legal Provisions:

• Criminal Procedure Code (CrPC):
  • Section 41 of Criminal Procedure Code (CrPC) was amended in 2009 to include safeguards so that arrests and detentions for interrogation have reasonable grounds and documented procedures, arrests are made transparent to family, friends and public, and there is protection through legal representation.
• Indian Penal Code:
  • Sec 330 & 331 of the Indian Penal Code 1860 provides punishment for injury inflicted for extorting confession.
  • Crime of custodial torture against prisoners can be brought under Sec 302, 304, 304A, and 306 of IPC.
• Protection under Indian Evidence Act, 1872:
  • Section 25 of the Act provides that a confession made to the police cannot be admitted in Court.
  • Section 26 of the Act provides that a confession made to the police by the person cannot be proved against such person unless it is made before the Magistrate.
• Indian Police Act, 1861:
  • Sections 7 & 29 of the Police Act, 1861 provide for dismissal, penalty or suspension of police officers who are negligent in the discharge of their duties or unfit to perform the same.

Way Forward

• Ensuring strict adherence to human rights laws and regulations, including the prevention of torture and cruel, inhuman, or degrading treatment or punishment.
• Implementing comprehensive and effective training programs for law enforcement officials on the proper use of force and non-lethal methods of controlling suspects.
• Establishing independent and impartial investigations into all custodial deaths to determine the cause of death and hold responsible parties accountable.

Global Sea-level Rise and Implications: WMO

Context: According to the World Meteorological Organisation ‘s (WMO) Report “Global Sea-level Rise and Implications”, India, China, Bangladesh and the Netherlands face the highest threat of sea-level rise globally.

• Several big cities on all continents are threatened by the rise in sea level.
• These include Shanghai, Dhaka, Bangkok, Jakarta, Mumbai, Maputo, Lagos, Cairo, London, Copenhagen, New York, Los Angeles, Buenos Aires and Santiago.

What are the Highlights of the Report?

Trends and Projections:

• Between 2013 and 2022, Global mean sea-level was 4.5 mm/year and human influence was likely the main driver of these increases since at least 1971.
• Global mean sea-level increased by 0.20m between 1901 and 2018,
  • 1.3 mm/ year between 1901 and 1971,
  • 1.9 mm/year between 1971 and 2006
  • 3.7 mm/year between 2006 and 2018.
• Even if global heating is limited to 1.5 degrees Celsius over pre-industrial levels, there will still be a sizable sea level rise.
• But every fraction of a degree counts. If temperatures rise by 2 degrees, that level rise could double, with further temperature increases bringing exponential sea level increases.

Contributors to Sea Level Rise:

• Thermal expansion contributed to 50% of sea level rise during 1971-2018, while ice loss from glaciers contributed to 22%, ice-sheet loss to 20% and changes in land-water storage 8%.
• The rate of ice-sheet loss increased by a factor of four between 1992-1999 and 2010-2019. Together, icesheet and glacier mass loss were the dominant contributors to global mean sea level rise during 2006-2018.

Impacts:

• At sustained warming levels between 2-3 degree Celcius, the Greenland and West Antarctic ice sheets will be almost completely and irreversibly lost over multiple millennia causing potentially multimeter sea-level rise.
• Sea-level rise will bring cascading and compounding impacts resulting in losses of coastal ecosystems and ecosystem services, groundwater salinization, flooding and damage to coastal infrastructure that cascade into risks to livelihoods, settlements, health, well-being, food, displacement and water security, and cultural values in the near to long-term.

What is the Scenario for India?

• Rate of Sea Level Rise:
  • According to the Ministry of Earth Sciences, on average, the sea level along the Indian coast was observed to be rising at a rate of about 1.7 mm/year during the last century (1900-2000).
  • A 3 cm sea level rise could cause the sea to intrude inland by about 17 meters. At future rates of 5 cm/decade, this could be 300 metres of land taken by the sea in a century.
• India is more Susceptible:
  • India is most vulnerable to compounding impacts of sea level rise.
  • In the Indian ocean half of sea level rise is due to the volume of water expanding since the ocean is warming up rapidly.
  • The contribution from glacier melt is not as high.
  • The Indian Ocean is the fastest warming ocean in terms of surface warming.
• Implications:
  • India is facing compound extreme events along our coastline. Cyclones are intensifying rapidly due to more moisture and heat from ocean warming.
  • The amount of flooding also increases because storm surges are compounding sea level rise decade by decade.
  • Cyclones are bringing more rain than earlier. Super Cyclone Amphan (2020) caused large-scale flooding and inundated tens of kms inland with saline water intruding.
  • Over time, the Indus, Ganga and Brahmaputra rivers may shrink, and rising sea levels combined with a deep intrusion of saltwater will make large parts of their huge deltas simply uninhabitable.

What are the Recommendations?

• There is a need to address the climate crisis and broaden our understanding of the root causes of insecurity.
• It is imperative to actively support grassroots resilience efforts to tackle climate change and improve Early Warning Systems.

What is the World Meteorological Organization (WMO)?

• The WMO is an intergovernmental organization with a membership of 192 Member States and Territories.
  • India is a member of WMO.
• It originated from the International Meteorological Organization (IMO), which was established after the 1873 Vienna International Meteorological Congress.
• Established by the ratification of the WMO Convention on 23rd March 1950, WMO became the specialized agency of the United Nations for meteorology (weather and climate), operational hydrology and related geophysical sciences.'
• WMO is headquartered in Geneva, Switzerland.

Draft Geo-heritage Sites and Geo-relics Bill, 2022

Context: Recently, the Ministry of Mines has notified Draft Geo-heritage Sites and Geo-relics (Preservation and Maintenance) Bill, 2022.

• The Bill is aimed at providing for the declaration, preservation, protection and maintenance of geo-heritage sites and geo-relics of national importance, for geological studies, education, research and awareness purposes.
• The GSI has declared 32 geo-heritage sites, including the Siwalik Fossil Park, Himachal Pradesh; Stromatolite Fossil Park, Jharmarkotra Rock Phosphate deposit, Udaipur district, Akal Fossil Wood Park, Jaisalmer, but several are in stages of disrepair.

What are the Key Features of the Bill?

Defines Geoheritage Sites:

• Geoheritage sites are “sites containing geo-relics and phenomena, stratigraphic type sections, geological structures and geomorphic landforms including caves, natural rock-sculptures of national and international interest; and includes such portion of land adjoining the site,” that may be required for their conservation or to access to such sites.

Georelics:

• A Geo-relic is defined as “any relic or material of a geological significance or interest like sediments, rocks, minerals, meteorite or fossils”.
• The GSI (geological Survey of India) will have the power to acquire geo-relics “for its preservation and maintenance”.

Authority to Central Government:

• It would authorize the Central Government to declare a geoheritage site to be of national importance.
• This would be under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act).

Compensation to the Occupier of Land:

• Provision is made for compensation to the owner or occupier of land who incurs loss or damage from the land due to the exercise of any power under this Act.
• The market value of any property will be ascertained in accordance with the principles set out in the RFCTLARR Act.

Prohibition on Construction:

• The Bill imposes a prohibition on construction, reconstruction, repair or renovation of any building within the geoheritage site area or utilization of such area in any other manner, except for construction for preservation and maintenance of geoheritage site or any public work essential to the public.

Penalty:

• Penalties for destruction, removal, defacement or contravention of any direction issued by the Director General, GSI in the geo-heritage site are mentioned.
• There is a penalty of imprisonment which may extend to six months or fine which may extend to Rs.5 lakh, or both. In the case of a continuing contravention, an additional fine of upto Rs.50,000 for every day of continuing contravention may be imposed.

What are the Concerns?

• There are concerns over the distribution of power as mentioned in the Bill.
• It points to how the GSI has the authority to acquire any material of geological significance, including sediments, rocks, minerals, meteorites, and fossils, as well as sites of geological importance.
• The issue of land acquisition for the purpose of safeguarding these sites could also lead to issues with local communities.

What is the Geological Survey of India?

• It was set up in 1851 primarily to find coal deposits for the Railways.
• Over the years, it has not only grown into a repository of geo-science information required in various fields in the country but has also attained the status of a geo-scientific organisation of international repute.
• The main functions of the GSI relate to creation and update of national geo-scientific information and mineral resource assessment.
• It is headquartered in Kolkata and has six regional offices located at Lucknow, Jaipur, Nagpur, Hyderabad, Shillong and Kolkata. Every state has a state unit.
• Presently, GSI is an attached office to the Ministry of Mines.

Way Forward

• Other than protecting places of geological interest, the need for a law that specifically protects sites of geo-heritage value follows from India being a signatory to the UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage, since 1972.

Mental Healthcare Act, 2017

Context: The National Human Rights Commission (NHRC) gas raised concern over the Deplorable Condition of many Mental Healthcare Institutions (MHIs) in India, violating Mental Healthcare Act (MHA), 2017.

• According to the NHRC, MHIs are “illegally” keeping patients long after their recovery, which not only violates Article 21 but also highlights failure of the Governments to discharge the obligation under various international Covenants relating to rights of persons with disabilities which have been ratified by India.

What is the Background MHA, 2017?

• Before MHA 2017, the Mental Healthcare Act, 1987 existed, which prioritized the institutionalization of mentally ill people and did not afford any rights to the patient.
• The Act provided disproportionate authority to judicial officers and mental health establishments to authorize long-stay admissions, often against the informed consent and wishes of the individual.
• Consequently, several persons continue to be admitted and languish in mental health establishments against their will.
• It embodied the ethos of the colonial-era Indian Lunacy Act of 1912, which linked criminality and madness.
  • Asylums were places where “abnormal” and “unproductive” behaviour was studied as an individual phenomenon, isolating the individual from society. The intervention is meant to correct an inherent deficit or “abnormality”, thereby leading to “recovery”.
• In 2017, the MHA dismantled the clinical heritage attached to asylums.

What is MHA 2017?

About:

• This Act defined mental illness as “a substantial disorder of thinking, mood, perception, orientation, or memory that grossly impairs judgment, behaviour, capacity to recognize reality or ability to meet the ordinary demands of life, mental conditions associated with the abuse of alcohol and drugs.
• It also provides the right of patients to access facilities that include rehabilitation services in the hospital, community, and home, sheltered and supported accommodation.
• It regulates the research on PMI (Person with Mental Illness) and the use of neurosurgical treatments.

Rights under MHA:

• Right to Make an Advance Directive (Patient can state on how to be treated or not to be treated for the illness during a mental health situation).
• Right to Access to Healthcare Services.
• Right to free of cost healthcare services.
• Right to live in a community.
• Right to protection from cruel, inhuman and degrading treatment.
• Right not to be treated under prohibited treatment.
• Right to equality and non-discrimination.
• Right to information.
• Right to confidentiality.
• Right to legal aid and complain.

Attempt to Commit Suicide not an Offence:

• A person who attempts to commit suicide will be presumed to be “suffering from severe stress’’ and shall not be subjected to any investigation or prosecution.
  • The act envisages the establishment of Central Mental Health Authority and State Mental Health Authority.

What are the Associated Challenges with the Implementation?

Absence of MHRBs:

• The majority of the States have not established State Mental Health Authority and Mental Health Review Boards (MHRBs), and many States have not notified minimum standards which are meant to ensure the quality of MHIs.
• MMHRBs are bodies that can draft standards for mental healthcare institutes, oversee their functioning and ensure they comply with the Act.
• The absence of MHRBs renders people unable to exercise rights or seek redressal in case of rights violations.

Poor Budgetary Allocation:

• Poor budgetary allocation and utilization of funds further create a scenario where shelter homes remain underequipped, establishments are understaffed, and professionals and service providers are not adequately trained to deliver mental healthcare.

Stigma:

• People are either put in these establishments by families or through the police and judiciary.
• In many cases,families refuse to take them because of the stigma attached to incarceration or the idea that the person is no longer functional in society.
• Gender discrimination plays a role here: women are more likely to be abandoned due to “family disruption, marital discords and violence in intimate relationships.

Lack of Community Based Services:

• While Section 19 recognises the right of people to “live in, be part of, and not be segregated from society,” there have been no concrete efforts towards implementation.
• The dearth of alternative community-based services -in the form of homes for assisted or independent living, community-based mental healthcare services, and socio-economic opportunities – further complicates access to rehabilitation.

What are the Initiatives Related to Mental Health?

• Global Initiatives:
  • World Mental Health Day.
  • WHO’s Comprehensive Mental Action Plan 2013-2020
  • Mental Health Atlas.
  • Sustainable Development Goals (SDG 3.4).
• Indian Initiatives:
  • National Mental Health Program.
  • Kiran Helpline
  • MANAS Mobile App
  • Manodarpan

Way Forward

• The Act must be reviewed regularly to ensure that it remains effective in addressing the changing needs of individuals with mental health issues.
• Additionally, resources must be made available to ensure that the Act is adequately implemented and enforced.
• There must be ongoing efforts to reduce the stigma associated with mental illness, to increase public awareness of mental health issues, and to promote mental health and well-being.