Surge in Bail Appeals in Indian High Courts
Context: The number of Bail Appeals filed in India’s High Courts surged post 2020, according to the ‘High Court dashboard’ by DAKSH, a think-tank focussed on law and justice system reforms.
- DAKSH analyzed 9,27,896 bail cases filed between 2010 and 2021 across 15 High Courts. These courts followed distinct naming patterns for bail cases. The data revealed 81 case types associated with bail across the analyzed High Courts.
What are the Statistics Related to Bail Appeals?
Bail Appeals are on Rise:
- Bail appeals have risen from approximately 3.2 lakh to 3.5 lakh annually before 2020, to 4 lakh to 4.3 lakh thereafter from July 2021 to June 2022.
- Consequently, the number of pending bail appeals in High Courts has surged from around 50,000 to 65,000 to between 1.25 lakh to 1.3 lakh.
High Courts and Caseload Distribution:
- The distribution of caseloads varied across different High Courts. In some states, such as Patna, Jharkhand, Odisha, Madhya Pradesh, and Chhattisgarh, bail appeals formed more than 30% of the total caseload between July 2021 and June 2022.
Disposal Time and Outcome Uncertainty:
- The median time taken for disposal of regular bail applications varied among High Courts. Some High Courts had significantly higher disposal times, raising concerns about delays in the resolution process.
- Delays in deciding on bail cases are seen as equivalent to denying bail, as the accused remains incarcerated during this period.
Incomplete Outcome Data:
- The data also highlighted the lack of clarity regarding the outcomes of bail appeals in High Courts. In nearly 80% of disposed bail cases in all High Courts, the outcome of the appeal, whether it was granted or rejected, was unclear or missing.
What are the Reasons for Surge in Bail Appeals?
Covid Violations and Disruption in Court Functioning:
- There has been an increased number of cases related to violations of Covid-19 lockdown norms during the pandemic.
- Additionally, the disruption of court functioning during this period could have contributed to the accumulation of pending bail cases.
- However, the exact cause cannot be definitively determined from court data.
Epidemic Diseases Act as a Factor:
- The Epidemic Diseases Act, 1897 may have played a role in the increase in bail appeals. While 77% of regular bail cases did not mention the specific Act under which the appellant was imprisoned, analysis of the remaining 23% showed the Epidemic Diseases Act ranked fourth.
- This hints at a potential surge in cases under this Act contributing to the increase in bail appeals.
What is Bail and What are its Types?
Definition:
- Bail is the conditional/provisional release of a person held under legal custody (in matters which are yet to be pronounced by the Court), by undertaking a promise to appear in the Court as and when required.
- It signifies a security/collateral deposited before the Court for release.
- In Supt. and Remembrancer of Legal Affairs v. Amiya Kumar Roy Choudhry (1973) case, the Calcutta High Court explained the principle behind giving Bail.
Types of Bail in India:
- Regular Bail: It is a direction given by the Court (any Court within the country) to release a person who is already under arrest and kept in police custody. For such Bail, a person can file an application under Section 437 and 439 of the Code Of Criminal Procedure (CrPC), 1973.
- Interim Bail: Bail granted for a temporary and short period by the Court till the application seeking Anticipatory Bail or Regular Bail is pending before a Court.
- Anticipatory Bail or Pre-arrest Bail: It is a legal provision that allows an accused person to apply for bail before being arrested. In India, pre-arrest bail is granted under section 438 of the CrPc, 1973. It is issued only by the Sessions Court and High Court.
- The provision of pre-arrest bail is discretionary, and the court may grant bail after considering the nature and gravity of the offence, the antecedents of the accused, and other relevant factors.
- The court may also impose certain conditions while granting bail, such as surrendering the passport, refraining from leaving the country, or reporting to the police station regularly.
- Statutory Bail: The remedy of statutory bail, also known as default bail, is distinct from bail obtained in the ordinary procedure under CrPC Sections 437, 438, and 439. As the name implies, statutory bail is given when the police or investigating agency fails to file its report/complaint within a certain time frame.
Note: Article 21 of the Indian Constitution gives everyone the right to life and personal liberty. It provides the fundamental right to live with human dignity and personal freedom, which entitles us to seek bail when detained by any law enforcement entity.
Floating Rate Loans
Context: Recently, the Reserve Bank of India (RBI) will introduce a comprehensive framework to enhance transparency and establish proper rules for resetting Equated Monthly Installments (EMIs) for floating rate loans.
- This move aims to address borrower concerns and ensure fair practices by financial institutions.
What are Floating Rate Loans?
- Floating rate loans are loans that have an interest rate that changes periodically, depending on a benchmark rate or the base rate.
- This base rate, such as the repo rate - rate at which RBI lends money to financial institutions - is influenced by market forces.
- Floating-rate loans are also known as variable or adjustable-rate loans, as they can vary over the term of the loan.
- Floating rate loans are common for credit cards, mortgages, and other consumer loans.
- Floating rate loans are beneficial to borrowers when interest rates are expected to drop in the future.
- In contrast, a fixed interest rate loan requires a borrower to pay set installments during the loan tenure. It offers a greater sense of security and stability in times of fluctuations in the economy.
What is the Need for the New Transparent Framework?
- Until recently, the RBI had been raising the repo rates in order to contain inflation. With a rise in repo rates, the floating rates too increase. This translates into higher EMIs for borrowers.
- But it has been found that instead of asking for higher EMIs, some banks are simply increasing the tenure of the loan without informing the borrower.
- This is making loan repayments unreasonably long and without proper consent from borrowers.
- Prevent borrowers from being harmed by changes in the internal benchmark rate and the spread during the term of the loan.
- Address issues faced by borrowers such as lack of information about foreclosure charges, switching options, and key terms and conditions.
What are the Features of the Framework Proposed by RBI?
- Lenders should communicate clearly with borrowers on resetting the tenor and/or EMI.
- RBI has asked lenders to offer borrowers an option to switch to fixed-rate home loans or foreclosure of loans whenever they want.
- Banks would also need to disclose various charges incidental to the exercise of these options beforehand to borrowers and properly communicate key information to borrowers.
- This would result in borrowers taking a more informed and calculated decision while repaying their home loans.
- Lenders should not engage in unethical or coercive loan recovery practices, such as harassment, intimidation, or violation of privacy.
How will the Framework Benefit Borrowers and Lenders?
- Borrowers will have more clarity, transparency, and choice regarding their floating rate loans, and will be able to exit or switch them without any penalty or hassle.
- Borrowers will be protected from unfair or arbitrary changes in interest rates or EMIs by lenders and will be able to plan their finances better.
- Borrowers will be treated with dignity and respect by lenders, and will not face any harassment or abuse during loan recovery.
- Lenders will be able to maintain good customer relations and trust and avoid reputational risk or legal action due to improper lending conduct.
- Lenders will be able to improve their asset quality and risk management and ensure compliance with regulatory norms and expectations.
India's Chandrayaan-3 and Russia's Luna 25 Mission
Context: The race for lunar exploration has taken an intriguing turn as Russia's Luna 25 mission, launched aboard its Soyuz rocket on August 10, 2023, seeks to soft-land close to the lunar South Pole, just days before India's Chandrayaan-3.
- Russia's space agency, Roscosmos asserts that Luna 25's landing would not impact Chandrayaan-3, as their landing regions are distinct.
Why is Luna 25 Reaching the Moon Earlier than Chandrayaan-3?
- Direct Trajectory Advantage: Despite being launched almost a month later than Chandrayaan-3, Luna 25 is set to reach the moon earlier due to its more direct trajectory.
- Payload and Fuel Storage: Luna 25's lift-off mass of 1,750 kg is significantly lighter than Chandrayaan-3's 3,900 kg, facilitating a quicker journey.
- Circuitous Route for Chandrayaan-3: Chandrayaan-3 took a longer route to compensate for its lower fuel reserve, involving maneuvers to gain velocity and slingshotting towards the moon.
- This elongated its journey to the lunar orbit by 22 days.
- Lunar Dawn Timing: Luna 25 benefits from an earlier lunar dawn at its landing site, ensuring full solar panel power for its payloads during the lunar day (equal to 14 Earth days).
- Note: Only three countries have managed to complete a soft landing on the Moon in history: the United States, the Soviet Union, and China.
What are the Other Differences between Luna 25 and Chandrayaan 3?
- About: Luna 25 marks Russia's return to lunar exploration after 47 years, aiming to reclaim its reputation in space exploration.
- Chandrayaan-3 is India's third lunar mission and second attempt at achieving a soft landing on the moon's surface
- Payload Difference: Luna 25 is lighter and lacks a rover, focusing on studying soil composition, dust particles, and detecting surface water.
- Chandrayaan-3 carries a rover capable of moving 500 meters, aims to study lunar soil, and has instruments to detect water-ice in shadowed craters near the lunar South Pole.
- Lifespan: Luna 25 is designed for a year-long mission, equipped with heating mechanisms and a non-solar power source.
- In contrast, Chandrayaan-3 is built for a single lunar day due to lack of heating during lunar nights.
- Objective of the Mission: The Russian lander has eight payloads mainly to study the soil composition, dust particles in the polar exosphere, and most importantly, detect surface water.
- The Indian mission also has scientific instruments to study the lunar soil as well as water-ice. The location near the southern pole was chosen because of the presence of craters that remain in permanent shadow, increasing the likelihood of finding water-ice.
The lander will carry four experiments on-board (RAMBHA, ChaSTE, ILSA, LASER Retroreflector Array (LRA)) .
There are two scientific experiments on the rover.
- The LASER Induced Breakdown Spectroscope (LIBS).
- The Alpha Particle X-ray Spectrometer (APXS).
What is the Status of India Russia Space Collaboration?
- India’s first satellite, Aryabhata, was launched by the Soviet Union in 1975.
- Only one Indian citizen has ever flown to space- Rakesh Sharma flew to the Salyut 7 space station on a Soyuz rocket in 1984 as part of the USSR’s Interkosmos program.
- In 2004, the two countries signed a protocol to boost cooperation in space. This included the development of the GLONASS navigation system and the launching of Russian GLONASS satellites by Indian rockets.
- Chandrayaan-2 was initially supposed to be a collaboration between India and Russia.
- However, Russia withdrew from designing the lander-rover for Chandrayaan-2, leading India to develop it independently.
- Also, four astronauts who will be part of India’s first crewed space mission: Gaganyaan have been trained in Russian facilities.
State Universities to be hubs of Skill-Based Education
Context: The National Education Policy (NEP) 2020 in India has been hailed for its emphasis on skill-based education and practical learning.
- However, despite a large number of science graduates, there is a disconnect between the education provided and industry requirements.
What is the Scenario of Higher Education in India for STEM?
- Among 1,113 Indian universities, 422 are public and managed by State governments, each with several State-affiliated colleges catering to a large share of enrolments.
- These universities play a crucial role in preparing graduates for the scientific workforce.
- Among Science, Technology, Engineering, and Mathematics (STEM) graduates, the aggregate enrolment of students in BSc courses is close to 50 lakh, with more than 11 lakh students completing their bachelor's degrees every year, as per the All-India Survey of Higher Education Report 2021-2022.
- However, the number of science graduates drops to 2.9 lakh at the masters level (25% of BSc graduates), and even further at the doctoral level, with only 6,000 science PhDs awarded each year.
- A PhD, or a master’s degree with select eligibility tests, is a prerequisite to entry-level scientific research or teaching positions at universities and national institutes.
- Given this, a large number of bachelors-equivalent science graduates in India – some 8 lakh a year – represents the human resources entering the workforce immediately or in the near future.
- The majority of bachelors-level science graduates in India earn their primary degrees at State-affiliated colleges and universities.
What are the Issues Related to State Affiliated Universities for Higher Education?
- Outdated Curriculum: Many State-affiliated institutions offer curricula and course content that are outdated and not in line with contemporary technologies and advancements. This hampers the students' ability to acquire relevant and up-to-date knowledge and skills.
- Lack of Practical Training: Science courses often lack sufficient practical training opportunities, and laboratory facilities are often inadequate or poorly maintained. This limits students' hands-on experience and practical skills development, which are crucial for scientific careers.
- Limited Research Focus: State-affiliated institutions face resource constraints and often lack the research-intensive environment found in Institutes of Eminence and private universities. This hampers research opportunities for students and faculty, hindering their ability to contribute to scientific advancements.
- Existential Crisis: These institutions struggle to find their unique role in higher science education. Unlike IoEs (Institutions of Excellence) or private universities, State-affiliated colleges cater to a larger number of students but may lack the resources to meet research metrics. Balancing the teaching role with the need for research and upskilling poses a challenge.
- Employability Gap: Despite a large pool of science graduates, industries report a lack of individuals trained with relevant skills. This indicates a mismatch between the skills imparted by State-affiliated institutions and the demands of the job market.
How can State Universities be Turned into Skill-Based Education Hubs?
Aligning Curriculum with Industry Needs:
- Revamp BSc and integrated course curricula to focus on industry-relevant skills and certifications, including programming, data analysis, instrumentation, quality assurance, and benchmarking.
Industry Collaborations:
- Forge long-term collaborations with industries through seminars, expert interactions, apprenticeships, job fairs, and funding support to provide real-world exposure and enhance practical training.
Incorporating Job Application Skills:
- Enhance course-training by teaching job application skills, including applying for positions, interviewing techniques, and salary negotiation, to ensure graduates are job-ready.
Adopting International Models:
- Draw inspiration from U.S. and European community college and technical university models that prioritize regional education and workforce readiness.
Bridging Policy Objectives:
- State-affiliated institutions can address India's need for skilled scientific personnel and graduate-level employability challenges, aligning with the National Education Policy and proposed National Research Foundation.
Conclusion
Transforming State-affiliated universities into skill-based science education centers can bridge the gap between science education and industry requirements, ensuring graduates are better prepared for the workforce. This aligns with the broader goals of the NEP and enhances the country's scientific capabilities.
Red Fort: Venue for the India’s Independence Day Celebration
Context: As India proudly celebrated its 77th Independence Day, the spotlight once again fell upon the iconic Red Fort in Delhi. This historic monument, etched with centuries of stories and struggles.
What are the Series of Events Associated with Red Fort?
Historical Significance of Red Fort:
- Under the Delhi Sultanate: Delhi emerged as a pivotal capital during the Delhi Sultanate (1206-1506).
- Babur, the founder of the Mughal dynasty, termed Delhi the 'capital of all Hindustan' in the 16th century.
- Despite brief relocations (Akbar shifted his capital to Agra) the Mughals, under Shah Jahan, reestablished Delhi as their capital with Shahjahanabad in 1648, known today as Old Delhi.
- Shah Jahan laid the foundation of his citadel, Lal-Qila or Red Fort.
- Symbolic Significance of the Mughal Emperor: By the 18th century, the Mughal Empire had lost most of its territories and power.
- They were still regarded as symbolic rulers of India by some sections of society, especially by those who opposed British colonialism.
- The 1857 Rebellion epitomized this connection, when people marched towards Red fort and declared the aged Bahadur Shah Zafar as their leader.
British Imperial Rule and Transformation of the Red Fort:
British Capture of Delhi: After subduing the 1857 Rebellion, the British intended to erase the Mughal legacy by demolishing Shahjahanabad.
- While sparing the Red Fort, they stripped it of its grandeur, looted artworks, and replaced inner structures with British buildings.
- This transformation left an indelible mark of British imperial authority on the Red Fort.
Utilizing Symbolic Authority: Britishers recognized Delhi's symbolic power.
- The Delhi Durbar ceremonies reinforced British dominance and proclaimed the monarch as the Emperor of India.
- In 1911, the British moved their capital to Delhi, constructing a new city that embodied the Indian ethos and centralized authority.
How Red Fort Became Venue for India's Independence Day Celebration ?
- The Indian National Army's trials at the Red Fort in the 1940s elevated its symbolism. These trials sparked sympathy for the INA and intensified nationalist sentiments against British rule, reinforcing the Red Fort's role as a symbol of defiance.
- As India approached independence, Jawaharlal Nehru, the first Prime Minister of India, decided to hoist the national flag at the Red Fort.
- On August 15, 1947, Jawaharlal Nehru hoisted the National flag “Tiranaga” at Princess Park, followed by his historic "Tryst with Destiny" speech at the Red Fort on August 16, 1947.
- This was a symbolic gesture of reclaiming the fort from British colonial rule and asserting India’s sovereignty and identity. It also marked the culmination of India’s long and arduous struggle for freedom.
- Since then, every year on 15th August, the Prime Minister of India hoists the national flag and addresses the nation from the Red Fort.
- This tradition has become an integral part of India’s Independence Day celebrations and reflects its pride and patriotism.
About Red Fort
- The Red Fort, so called because of the red colour of the stone largely used in it, is octagonal on plan, with two longer sides on the east and west.
- The fort is a masterpiece of Mughal architecture and a symbol of their cultural and artistic achievements. It was designated as a UNESCO World Heritage Site in 2007.
- Also, the fort is depicted on the reverse side of the new 500 rupee note.
- It is currently under the management of the Archaeological Survey of India (ASI), which is responsible for its conservation and maintenance.
- The ASI has also installed various facilities for visitors, such as museums, galleries, audio guides, light and sound shows, etc.