Indian Polity and Governance - 4 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Custodial Torture

Context

Recently, two police officers were suspended on the charges of Custodial Torture(Violence), assaulting the accused in Police custody.

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:
    • Death in police custody can result from excessive force, torture, denial of medical care, or other forms of abuse.
  • Death in Judicial Custody:
    • 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.
• Custodial Death in India:
  • According to the Ministry of Home Affairs (MHA), 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).
• Challenges in Preventing Custodial Torture in India:
  • Lack of ratification of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), which India signed in 1997 but has not yet ratified.
    • This prevents India from being bound by international obligations and standards to prevent and combat custodial torture.

What are the Constitutional and Legal Framework Related Custodial Torture?

• Constitutional Provisions:

  • 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. Thus, this law prohibits punishment above what is mentioned in the law that deals with the offence.
  • 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.
• Legal Protections:
  • Section 24 Indian Evidence Act, 1872 declares that all the confessions made by the accused by succumbing to the threat, promise or inducement of investigating agencies would not be admissible in the court of law. This Section primarily works for preventing the accused to give confessions against his will.
  • Section 330 and 331 of the Indian Penal Code (IPC) criminalize voluntarily causing hurt or grievous hurt to extort confession or information from any person.
  • Section 41 of Criminal Procedure Code (CrPC) was amended in 2009 to include safeguards under 41A, 41B, 41C and 41D, 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.

What are the International Conventions for Human Rights?

• International Human Rights Law, 1948:
  • The International Human Rights Law contains a provision which protects people from torture and other enforced disappearances.
• United Nation Charter, 1945:
  • The United Nations Charter calls for treating prisoners with dignity. The Charter clearly states that despite being prisoners, their fundamental freedoms and human rights are set out in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
• The Nelson Mandela Rules, 2015:
  • The Nelson Mandela Rules were adopted by the United Nations General Assembly in 2015 to treat prisoners with inherent dignity and to prohibit torture and other ill-treatment.

What Measures can be Taken to Combat Custodial Torture?

• Strengthening Legal Systems:
  • Enacting comprehensive legislation explicitly criminalizing custodial torture.
  • Ensuring prompt and impartial investigations into allegations of custodial torture.
  • Holding perpetrators accountable through fair and expeditious trials.
• Police Reforms and Sensitization:
  • Enhancing police training programs to emphasize respect for human rights and dignity.
  • Promoting a culture of accountability, professionalism, and empathy within law enforcement agencies.
  • Establishing oversight mechanisms to monitor and address cases of custodial torture effectively.
• Empowering Civil Society and Human Rights Organizations:
  • Encouraging civil society organizations to actively advocate for victims of custodial torture.
  • Providing support and legal assistance to victims and their families.
  • Collaborating with international human rights bodies and organizations to seek redress and justice.

Appointment of Judges in Supreme Court

Context

The Supreme Court of India recently witnessed the administration of oath to two new judges, Justice Prashant Kumar Mishra, and Justice K.V. Viswanathan, by Chief Justice of India DY Chandrachud.

• With their induction, the court has reached its sanctioned strength of 34 judges.

How are Supreme Court Judges Appointed?

• Composition and Strength of the Supreme Court:
  • Originally, the Supreme Court had eight judges (one chief justice and seven others).
  • The Parliament has increased the number of judges over time.
  • The current strength of the Supreme Court is 34 judges (one chief justice and 33 others).
• Qualifications for Appointment as a Judge:
  • According to Article 124(3) of the Constitution, a person can be appointed as a judge of the Supreme Court if he or she:
    • A person must be a citizen of India.
    • Must have served as a judge of a High Court for at least five years or two such courts in succession.
    • Alternatively, must have been an advocate of a High Court for at least ten years or two or more such courts in succession.
    • Must be a distinguished jurist in the opinion of the president.
• Appointment:
  • The Judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution.
    • The President consults with judges of the Supreme Court and High Courts to make informed appointments.
• Oath of Office:
  • Every appointed judge must make and subscribe to an oath before the President or an appointed person.
  • The oath includes commitments to uphold the Constitution, sovereignty and integrity of India, and perform duties without fear or favor.
• Tenure and Resignation:
  • There is no prescribed minimum age limit for a judge's appointment.
  • A judge of the Supreme Court serves until they reach the age of 65 years.
    • However, a judge may resign before reaching the age of 65 years by tendering their resignation to the President.
• Salaries and Allowances:
  • Salaries, allowances, privileges, leave, and pension of Supreme Court judges are determined by Parliament.
    • The Salaries, Pension, and Allowances of the Supreme Court Judges are charged upon the Consolidated Fund of India.
• Post-retirement Restrictions:
  • After retirement, a judge of the Supreme Court is prohibited from practicing law in any court in India or pleading before any government authority.
  • As per Article 128 of Indian Constitution, any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.
• Removal:
  • A judge of the Supreme Court can only be removed from office by an order of the President.
  • The removal process requires an address by each House of Parliament, supported by a special majority i.e., a majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting.
  • The grounds for removal are proven misbehaviour or incapacity.
  • Parliament has the authority to regulate the procedure for presenting the address and investigating and proving the misbehaviour or incapacity of a judge.
  • Once appointed, judges can serve until the age of 65 and cannot be removed during their tenure except for proved misbehaviour or incapacity.
• Collegium System for Judicial Appointments:
  • Judges of the higher judiciary are appointed through the collegium system.
    • The collegium, consisting of the Chief Justice of India and the four senior-most judges of the Supreme Court, decides on appointments, elevations, and transfers of Judges.
    • The term "collegium" is not mentioned in the Indian Constitution but has been established through judicial pronouncements.

How Did Collegium Evolve?

• First Judges Case (1981):
  • It declared that the “primacy” of the CJI’s (Chief Justice of India) recommendation on judicial appointments and transfers can be refused for “cogent reasons.”
  • The ruling gave the Executive primacy over the Judiciary in judicial appointments for the next 12 years.
• Second Judges Case (1993):
  • SC introduced the Collegium system, holding that “consultation” really meant “concurrence”.
  • It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the SC.
• Third Judges Case (1998):
  • SC on the President's reference (Article 143) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
• Fourth Judges Case (2015):
  • The 99^th Constitutional Amendment Act of 2014 and the National Judicial Appointments Commission Act of 2014 has replaced the collegium system of appointing judges to the Supreme Court and High Courts with a new body called the National Judicial Appointments Commission (NJAC).
    • However, in 2015, the Supreme Court declared both the 99th Constitutional Amendment as well as the NJAC Act as unconstitutional and void in the fourth judge case. Consequently, the earlier collegium system became operative again.

GoI-UNSDCF 2023-2027

Context

Recently, NITI Aayog and the United Nations in India signed the Government of India - United Nations Sustainable Development Cooperation Framework (GoI-UNSDCF) 2023-2027.

• The United Nations General Assembly designates this framework as the principal planning and implementation instrument for the UN Development System at country level.
• The framework aligns with India's national vision for development and aims to achieve the Sustainable Development Goals (SDGs), emphasizing gender equality, youth empowerment, and human rights.

What are the Key Points of the Framework?

• Strategic Pillars and Outcome Areas:

  • The GoI-UNSDCF 2023-2027 is built upon Four Strategic pillars derived from the 2030 Agenda:
    • People, Prosperity, Planet, and Participation.
  • The four pillars encompass Six Outcome Areas:
    • Health and Wellbeing
    • Nutrition and Food Security
    • Quality Education
    • Economic Growth and Decent Work
    • Environment, Climate, WASH (Water, Sanitation, and Hygiene), and Resilience
    • Empowering People, Communities, and Institutions.
• Focus:
  • The GoI-UNSDCF places specific emphasis on SDG localisation and South-South Cooperation, aligning with India's leadership in implementing and accelerating the SDGs.
    • SDG localization is the process of transforming the SDGs into reality at the local level, in line with national frameworks and with communities’ priorities.
  • India aims to showcase its development models globally and actively promotes South-South cooperation.
• Implementation and Monitoring:
  • The implementation, monitoring, and reporting of the GoI-UNSDCF 2023-2027 will be jointly led by the Government of India and the United Nations, India through a Joint Steering Committee.

Star Rating Registration Process

Context

The Ministry of Coal has announced the start of the Star Rating Registration process for Coal and Lignite Mines for the fiscal year 2022-23.

• Aim: It aims to promote competitiveness and sustainable mining by evaluating mines based on key parameters such as mining operations, environmental impact, technology adoption, economic performance, and worker compliance.
• Process:  Participating mines will undergo a self-evaluation process, and the top 10% performing mines will be further validated through inspections. The evaluation will be conducted by the Coal Controller’s Organization. The ratings awarded range from Five Star to NO Star, comprehensively evaluating each mine’s achievements.
• Significance: The initiative seeks to enhance the overall performance and sustainability of coal and lignite mining in the country by recognizing and promoting responsible mining practices.
• About Coal and Lignite: Coal is a solid, carbon-rich mineral formed from plant remains, while lignite is a lower-grade, brownish-black coal. Both fuels are abundant and widely used for their energy content. However, they also contribute to air pollution and greenhouse gas emissions.

Flaws in the NIRF’s Ranking 

Context

The National Institutional Ranking Framework (NIRF)’s ranking of higher education institutions (HEIs) has received considerable criticism.

What is NIRF ranking?

• The NIRF was approved by the MHRD (Ministry of Human Resource Development) and launched in 2015.
• The framework outlines a methodology to rank institutions across the country.
• The ranking framework evaluates institutions on five parameters:

1. Teaching, Learning & Resources
2. Research & Professional Practice (RP)
3. Graduation Outcomes
4. Outreach & Inclusivity (OI)
5. Perception (PR)

• 2022 Ranking
  • IIT-Madras topped the overall category for the fourth consecutive year, and in engineering for the seventh straight year.
  • The top-ranked private institutions are Amrita Vishwa Vidyapeetham (16), Manipal Academy of Higher Education (17), Vellore Institute of Technology (18).
  • The Indian Institute of Science (IISc) stood first in the research institutions category.
  • AIIMs occupied the top slot in the medical education category for the fifth straight year.
  • IIM-Ahmedabad remained the best institute in the management segment.
  • The National Law School of India University, Bengaluru, retained the first position in law.

What were the criticisms against the ranking?

• Data fudging- The NIRF ranking shows that a private law university scored 100% in perception.
• But the Common Law Admission Test admission choice shows that this institution figures below 10 NLUs as a preferred place to study.
• Lack of rigorous verification- There seems to be a lack of a rigorous system of verification by the NIRF of the data submitted by HEIs.
• Regarding the faculty-student ratio (FSR), some private multi-discipline universities have claimed the same faculty in more than one discipline.
• Funds- Enormous funds have been claimed as expenditure on equipment for laboratories by some private multi-discipline institutions which offer law as a subject.
• But labs are not required for law.
• No transparency- The NIRF requires the data submitted to it be published by all the participating HEIs on their website so that such data can be scrutinised.
• Some private multi-discipline universities have not granted free access to such data on their website.
• There is also discrepancy in the data submitted to the NIRF and the data on the websites of these institutions.
• Methodology- The NIRF applies almost the same parameters to all the institutions across varied disciplines in research and professional practice.
• There is a gap between the methodology employed for accreditation purposes and for ranking purposes.
• While the National Assessment and Accreditation Council gives due weightage to publications in UGC-Care listed journals, the NIRF uses publication data only from Scopus and Web of Science.

Licensing and Regulation of Submarine Cable Landing in India

Context

The Department of Telecom (DoT) raised concerns about Indian International Long-Distance Operators (ILDOs) without any stake in submarine cable systems seeking clearances for laying and maintaining submarine cables in India.

• In this context, the Telecom Regulatory Authority of India (TRAI) has released recommendations on the "Licensing Framework and Regulatory Mechanism for Submarine Cable Landing in India”.

What are the Recommendations of TRAI?

• Two Categories of CLS:
  • Amending the ILD/ISP-A (international long distance/Internet service provider Category A) permits to include two categories of Cable Landing Station (CLS) locations — Main CLS and CLS “point of presence”.
    • Main CLS facility be mandated to seek all approvals for an international submarine cable (SMC) landing in India.
    • CLS ‘point of presence’ needs to allow lawful interception and meet the requisite security drill.
• Critical and Essential Service:
  • The submarine cable operations should be recognized as critical and essential services due to their crucial role in maintaining seamless national and international communication networks.
  • Submarine cable operations should have the highest level of importance for obtaining necessary permissions and security clearances.
• Proposed Legislative Amendment:
  • Addition of a section on "Submarine cable" and "Cable Landing Station" in the Indian Telecommunication Bill, 2022.
    • It will provide legal and regulatory support, contributing to the growth and robustness of the digital communications sector.
• Custom Duty and GST Exemptions:
  • TRAI proposes exemption from custom duty and GST for goods and items required for CLS, submarine cable operation, and maintenance.
  • This will address critical challenges in the sector, particularly related to cable repair and maintenance.

What is the Significance of the Recommendations?

• Strengthening Data Flow:
  • TRAI's recommendations have the potential to unlock the full potential of cross-border data flow, fuel innovation, and fortify India's position as a data powerhouse.
• Reduced Reliance on Foreign Providers:
  • The requirement for Indian entity-owned vessels for undersea cable maintenance will reduce delays and decrease reliance on foreign providers for repairing subsea cables.

What is a Submarine Communications Cable?

• About:
  • It is a cable laid on the seabed between land-based stations to transmit telecommunication signals across stretches of ocean and sea.
  • Modern submarine cables use fiber-optic technology. The optical fibre elements are typically coated with plastic layers and contained in a protective tube suitable for the environment where the cable will be deployed.
• Significance:
  • Compared to satellites, using internet connection through submarine cables is more reliable, cost efficient and of larger capacity.
• Examples:
  • MIST Submarine Cable System (connecting India with Myanmar, Thailand, Malaysia and Singapore)
  • Reliance Jio Infocomm’s India Asia Xpress (IAX) (India to the Maldives, Singapore, Sri Lanka and Thailand)
  • India Europe Xpress (IEX) (India to Italy via Saudi and Greece)
  • SeaMeWe-6 project (Singapore to France via India, Bangladesh, Maldives)
  • Africa2 Cable (India with the UK via several African countries