National Human Rights Commission (NHRC)

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Disenfranchisement of Undertrials in India

Source: TH

Why in News?

As the 18^th Lok Sabha elections are underway, more than four lakh undertrials in prisons nationwide are unable to exercise their right to vote due to a sweeping legal ban.

• The Representation of the People Act, of 1951 prohibits voting for individuals confined in prison, regardless of whether they are convicted or awaiting trial.

Why are Undertrials Barred from Voting?

• Section 62(5) of the Representation of the People Act:
  • A person confined in a prison, under a sentence of imprisonment or transportation, or in the lawful custody of the police, shall not be allowed to vote at any election.
    • Despite being prohibited from voting, a person whose name is on the electoral roll will not cease to be an elector.
  • The prohibition to vote does not apply to a person subjected to preventive detention under any current law.
  • This provision has been upheld by the Supreme Court, which has cited reasons such as resource constraints and the need to keep persons with criminal backgrounds away from the election scene.
  • The Supreme Court recognises free and fair elections as part of the 'basic structure' of the Constitution but distinguishes that the right to vote (Article 326) is considered constitutional right rather than fundamental rights, subject to regulations imposed by laws such as the Representation of People Act, 1951.
    • Article 326 of the Indian Constitution provides for adult suffrage. Every citizen over 18 has the right to vote unless disqualified on the grounds of non-residence, unsoundness of mind, crime or corrupt practices.
    • The right to be elected is considered a statutory right.
• Bar Against Contesting Elections Only After Conviction:
  • Section 8 of the RPA, 1951 disqualifies a person from contesting elections only upon conviction for certain criminal offences, not merely upon being charged.
  • The Supreme Court has rejected pleas to disqualify persons with criminal charges or those who file false affidavits, stating that only the legislature can alter the RPA, 1951.
  • Exceptions to disqualification:
    • The Election Commission of India can remove or reduce the period of disqualification under certain circumstances.
    • A disqualified MP or MLA can still contest if their conviction is stayed on appeal to a higher court.

Should Undertrials Have the Right to Vote?

Arguments in Favour of Allowing Undertrials to Vote	Arguments Against Allowing Undertrials to Vote
Presumption of innocence: Undertrials are presumed innocent until proven guilty. Denying them the right to vote may be viewed as punitive action before conviction. The UN Human Rights Committee views denying voting rights solely based on custodial status as violating the presumption of innocence. The Supreme Court held debarring undertrials from voting amounts to punishing them twice.	Public safety concerns: Allowing undertrials to vote may raise concerns about voter intimidation or electoral interference, especially in cases involving serious crimes.
Representation and political participation: Allowing undertrials to vote ensures that their interests and perspectives are represented in the political process, including policies affecting prison conditions and the criminal justice system.	Logistical challenges: Facilitating voting for undertrials within prison environments may pose logistical and administrative challenges for election authorities, such as ensuring ballot secrecy and preventing coercion.
Prisoners have violated the social contract and willingly placed themselves outside the social order.	Social contract cannot be negotiated away.
Disenfranchisement concerns: Denying undertrials the right to vote could be seen as disenfranchisement, particularly for marginalised groups who may be disproportionately represented in pre-trial detention.	Temporary nature of detention: Undertrials are in a temporary state of detention, and their voting rights could potentially be restored upon acquittal or completion of their sentence.
Voting Right: Critics argue that denying undertrials the right to vote is discriminatory and violates the principle of equality (Article 14). The ban lacks reasonable classification based on the nature of the crime or duration of the sentence, unlike in countries such as South Africa, the United Kingdom, France, Germany, Greece, and Canada. Additionally, disallowing undertrials from voting creates a distinction between convicts on bail who can vote and undertrials who cannot, leading to illogical discrimination.	Punishment and deterrence: Some argue that the loss of certain rights, including voting, serves as a consequence of involvement in criminal proceedings and may act as a deterrent against criminal behaviour.

Way Forward

• As electoral systems evolve and inclusivity becomes a priority, it's crucial to consider alternative methods for facilitating political participation among incarcerated individuals, such as mobile voting units or absentee ballots.
• Recognising the fundamental significance of voting rights for prisoners and upholding the aspiration of rehabilitation and reintegration, the focus should be on not further marginalising prison populations but providing them with opportunities to meaningfully participate in decision-making processes.
• Differentiate between convicts and undertrials when it comes to electoral rights.
• There is a need to incorporate the recommendation of the Swaran Singh Committee (1976) to include the duty to vote as a Fundamental Duty (FD) in the Indian Constitution and subsequently make the right to vote a fundamental right.

Drishti Mains Question: Q. Examine the historical context and evolution of prisoner disenfranchisement laws in India. How have these laws impacted the democratic participation of undertrials and convicts?

19th Session of United Nations Forum on Forest

Source: PIB

Why in News?

Recently, India participated in the 19^th Session of the United Nations Forum on Forests (UNFF) at the UN Headquarters in New York.

• India highlighted its significant advancements in forest conservation and sustainable forest management, leading to a consistent increase in forest cover over the past fifteen years.

What were the Key Takeaways from UNFF19?

• India presented its revised National Forest Policy emphasising forest fire prevention and management through recommendations and technological solutions.
  • According to UNFF, about 100 million hectares of forest or 3% of world’s total forest area are affected by fires each year.
  • India proposes operationalising the Global Fire Management Hub, a collaborative effort by the UNEP and the FAO to share knowledge and experiences in mitigating forest fires.
• India suggests establishing universally accepted standards like Model Forests Act for forest certification programs for consistent and responsible forest management practices worldwide.
• The forum reviewed the UN's strategic plan for forests (2017-2030) and progress made in achieving global forest goals like enhancing forests' economic, social, and environmental benefits and securing finances.
• A UN report highlighted concerns about “Climatisation” of forests, driven by market-oriented approaches for carbon sequestration, reducing forests ecological and social values roles to mere carbon sinks.
• Indonesia presented its Forest and Other Land Use Net Sink 2030 strategy, and Malaysia committed to keeping at least 50% of its territory under tree cover.

What were India’s Highlighted Initiatives in Forest Management at UNFF19?

• India highlighted its success in using technology to manage forest fires.
  • Examples include real-time fire monitoring via remote sensing, online fire reporting through web portals, and utilising ecological methods for restoration.
    • Based on the forest inventory records, 54.40% of forests in India are exposed to occasional fires, 7.49% to moderately frequent fires and 2.40% to high incidence levels.
• Globally, India ranks third in the net gain of average annual forest area between 2010 and 2020.
• India completed its 50 years of Project Tiger and 30 years of Project Elephant, demonstrating its commitment to species conservation and habitat protection.
• India introduced the 'Green Credit Program' to incentivise tree plantation and restoration of degraded forest lands to strengthen climate action initiatives.
• In 2023, India hosted the country-led Initiative under UNFF at Dehradun, attended by representatives from 40 countries and 20 international organisations, focusing on forest fire management and forest certification.

What are the Key Facts About the Indian Forest Policy?

• The National Forest Policy, 1894 (Colonial Focus):
  • The policy prioritised timber production and custodial management.
  • Forest classification was introduced, with emphasis on protecting commercially valuable areas.
• The National Forest Policy, 1952 (National Needs):
  • Policy focused on national priorities like land-use management and environmental protection.
  • Emphasised securing resources like timber, pasture, and fuelwood for national development.
• The National Forest Policy, 1988 (Ecological Security):
  • Prioritised environmental stability, biodiversity conservation, and soil and water security.
  • Advocated for large-scale afforestation and social forestry programs.
• Draft National Forest Policy, 2018 (Contemporary Challenges):
  • Proposed revisions to address modern issues like climate change and human-wildlife conflict.
  • Focuses on mitigating climate change and promoting public-private partnerships for forest restoration.

Conclusion

India's participation at UNFF19 showcased its success in forest conservation and sustainable management. India proposed a comprehensive national forest policy with technological solutions and called for international collaboration through a knowledge-sharing platform. While the High-Level Declaration remains under discussion, UNFF19 emphasised crucial steps towards achieving global forest goals.

Drishti Mains Question: Q. Discuss key Indian initiatives regarding forest management. Also, suggest ways for implementing the comprehensive forest management system in India.

Police as Last Resort in Marital Dispute

Source: TH

Why in News?

Recently, the Supreme Court of India has advised caution to families facing marital trouble, stating that going to the police should be the “last resort”.

What are the Observations of the Supreme Court?

• About:
  • A SC bench made some observations while ruling on a petition filed by the husband against the order of the Punjab and Haryana High Court which refused to quash criminal proceedings against him.
  • The Supreme Court advises caution in using police intervention only in "very genuine cases of cruelty and harassment".
• Observations:
  • The judgement cautions against the mechanical application of Section 498A (domestic cruelty) of the Indian Penal Code (IPC).
  • A “complete" domestic violence case requires elements like criminal intimidation or causing hurt beyond trivial irritations.
  • The court urges Parliament to review Sections 85 and 86 (up to 3 years) imprisonment of the Bhartiya Nyaya Sanhita, 2023 (similar to Section 498A IPC).
  • Divorce is acknowledged as detrimental to a child's upbringing, especially when initiated hastily due to criminal proceedings.
  • The judgement encourages High Courts to carefully consider all aspects and circumstances before deciding on pleas to quash criminal proceedings arising from marital issues.

What are the Other Existing Ways to Resolve Matrimonial Disputes?

• Various mechanisms under the Alternative Dispute Resolution (ADR) can help in resolution of the matrimonial disputes speedily:
  • Mediation: A neutral third party facilitates communication and negotiation between spouses to arrive at a mutually agreeable solution regarding matrimonial and family disputes.
    • The Supreme Court in the K.Srinivas Rao vs D.A Deepa case emphasised mediation in matrimonial disputes.
  • Conciliation: Similar to mediation, but the conciliator may also propose solutions and guide the couple towards an agreement.
  • Arbitration: Here, a private arbitrator chosen by both parties hears arguments and delivers a binding decision on the dispute.
• Also, various legal institutions provide for Alternative Dispute Resolution (ADR) as a more effective way to deliver justice due to the involvement of factors like emotions and social taboos in the marriage concept.
  • Family Courts, established by the Family Courts Act, of 1984, promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs and related matters.
  • Gram Nyayalayas, established under the Gram Nyayalayas Act, 2008 provides for speedy and easy access to the matrimonial disputes in the rural areas of India.
  • The Code of Civil Procedure, 1908 and the Hindu Marriage Act, 1955 also encourage reconciliation in family disputes.

Way forward

• Parliament should consider a review of Sections 85 and 86 of Bhartiya Nyaya Sanhita to prevent its further misuse or fake cases.
• The major focus should be towards the efforts of reconciliation before legal action to minimise police intervention in cases related to matrimonial disputes.
• There is a need to strengthen ADR mechanisms by proper training of mediators and conciliators in handling sensitive marital issues.
  • There is a need to regulate and reform local and unregulated ADR mechanisms, such as Khap Panchayats (caste or community groups), which act as quasi-judicial bodies and pronounce harsh punishments based on age-old customs, even in sensitive marital issues.
• Focus should be given towards public awareness about legal rights and ADR options for peaceful dispute resolution.
• Proper mechanisms should be set up to provide accessible mental health services to couples facing marital discord, promoting communication and conflict resolution skills.

Conclusion

The Supreme Court's observation focuses on a nuanced approach to marital disputes. It encourages couples to prioritise reconciliation and tolerance over immediate police intervention or criminal proceedings. While acknowledging genuine cases of cruelty, the court aims to prevent the misuse of laws and safeguard the well-being of both spouses and children.

Drishti Mains Question: Q. Discuss the Supreme Court's observations on the involvement of police in matrimonial matters. Also, mention other existing ways to resolve matrimonial disputes in India.

Ethical and Procedural Lapses in Kerala Surgical Incident

Source: IE

Why in News?

Recently, a Kerala doctor was suspended for mistakenly performing tongue surgery instead of removing a child's extra finger.

• This occurred at the Government Medical College Hospital in Kozhikode. Legal action was taken against the doctor under Indian Penal Code (IPC) Sections 336 and 337 for endangering life.
• This highlights the critical need for strict adherence to medical protocols and ethics.

What Ethical Principles are at Stake in Kerala Surgical Incident?

• Integrity and Objectivity: The doctor’s actions lacked integrity and objectivity, which are foundational values expected in any service, especially healthcare.
• Dedication to Public Service: Dedication to patient welfare is fundamental. The surgical mistake indicates a failure in this dedication.
  • Physicians are expected to maintain a high standard of medical practice and care. The surgical error indicates a failure to uphold these duties and responsibilities.
• Patient Trust and Confidentiality: Trust is a critical component of the physician-patient relationship.
  • Such incidents can erode trust not only between the patient and the physician but also in the broader healthcare system.
• Accountability and Ethical Governance: The doctor’s actions raise questions about accountability within the hospital’s governance structure.
  • The incident highlights the ethical dilemmas faced in healthcare, emphasizing the need for strict adherence to ethical guidelines.

Way Forward

• Structured Communication Protocols: Implementing structured communication protocols, such as the SBAR (Situation-Background-Assessment-Recommendation) technique, can improve clarity and reduce errors.
  • Ensuring informed consent involves a detailed explanation of the procedure, risks, benefits, and alternatives, along with verification of understanding.
• Strengthening Preoperative Verification: Adopting a mandatory “time-out” procedure immediately before surgery to confirm patient identity, surgical site, and planned procedure with the entire surgical team present.
• Transparent Investigation Process: Ensuring that investigations into incidents are transparent and the findings are shared with the public to restore trust in the healthcare system.
• Compensation: victims have the right to seek just compensation for the harm they've endured. This compensation should go beyond the immediate financial burden of medical bills. It should encompass both the tangible and intangible losses suffered.
• Promoting a Culture of Ethical Awareness: Initiate comprehensive training programs and workshops to educate healthcare professionals about ethical principles and their application in medical practice.
  • Foster a culture of open dialogue and transparency within healthcare institutions to encourage discussions on ethical dilemmas and best practices.
• Legal and Ethical Codes of Conduct: Advocate for the implementation of legally implied codes of conduct that outline clear ethical expectations for healthcare professionals.
  • Emphasise the importance of socially enforced codes of ethics that promote integrity, compassion, and professionalism in medical practice.
  • Foster a supportive and collaborative work environment that values ethical conduct, professionalism, and patient-centred care.

Drishti Mains Question: Q. "Trust is the foundation of the physician-patient relationship, and incidents of medical negligence can erode this trust." Critically analyse this statement and suggest measures to restore public trust in the healthcare system.

Lion-Tailed Macaques

Source: TH

Why in News?

Recently, the adaptation of the lion-tailed macaque (Macaca silenus) to Valparai's urban settings underscores the intricate relationship between wildlife and human activity, necessitating conservation measures.

What are the Key Characteristics of Lion-Tailed Macaques?

• Key Features:
  • One of the smallest macaque species, it weighs 2–10 kg, has a body length of 42–61 cm, and a 25 cm tail with a black tuft more pronounced in males.
  • The lion-tailed macaque's black hair, except for its distinctive light-coloured mane around its head and chin, earns it the nickname "beard ape."
  • Known as “the wanderoo,” lion-tailed macaques are solitary and shy, staying within their familiar range in hierarchical groups of 10 to 20 members.
  • Dominant males of the group emit loud, human-like ‘whoops’ to alert outsiders entering their territory.
• Habitat:
  • This primate is native to the fragmented rainforests of Karnataka, Kerala, and Tamil Nadu in India's Western Ghats, with approximately 2,500 mature individuals remaining.
    • The Valparai plateau, with its vast tea and coffee estates interspersed with forest patches, is part of the Anamalai Tiger Reserve and home to one of the 40-odd populations of lion-tailed macaques in the Western Ghats.
  • Lion-tailed macaques, living mostly in the upper canopy of tropical moist evergreen forests, primarily feed on fruits and seeds but also consume leaves, buds, insects, and small vertebrates, thereby supporting their ecosystem's health.
• Conservation Status:
  • IUCN Red List: Endangered
  • CITES: Appendix I
  • The Wildlife (Protection) Act, 1972: Schedule I
• Threats and Issues:
  • The primary danger lies in the loss of their rainforest home, with up to 99% of Macaques' original territory vanishing due to extensive deforestation for timber, agriculture, and urbanisation.
  • Behavioural shift towards human settlements, driven by a scarcity of natural food, habitat degradation, increased human activity, and poor waste management.
• Mitigation Measures:
  • The Nature Conservation Foundation (NCF) has developed canopy corridors and implemented regulations to curb feeding and safely guide macaques across roads, aiming to lessen their reliance on human settlements and reduce roadkill incidents.
  • The Tamil Nadu government has announced the establishment of a Tamil Nadu Endangered Species Conservation Fund with a corpus of Rs. 50 crore, which includes conservation efforts for the lion-tailed macaque.
  • The Tamil Nadu Forest Department plans to conduct a study to estimate the macaque population and devise a comprehensive conservation strategy.

Tokyo Atacama Observatory

Souce: BT

Why in News?

The University of Tokyo Atacama Observatory (TAO) has recently been inaugurated. It is now the highest astronomical observatory (altitude of 18,500 feet) in the world, even surpassing the famous Atacama Large Millimeter Array (ALMA), which stands at 16,570 feet.

What is the Tokyo Atacama Observatory?

• About: The TAO telescope, measuring 6.5 metres in optical-infrared capacity, is perched at an altitude of 18,500 feet on Mount Chajnantor in Chile's Atacama Desert.
  • Co. Chajnantor is located in the Andes Mountains near the Atacama Desert.
  • The Atacama Desert is one of the best locations on Earth for astronomical observations due to its high altitude, low humidity, and clear skies, which provide excellent conditions for studying the cosmos.
  • The area's elevated altitude, sparse atmosphere, and consistently dry weather make it perfect for observing nearly the full spectrum of near-infrared wavelengths.
    • Infrared radiation has a wavelength longer than visible light but shorter than microwaves.

• Instruments: TAO’s 6.5-meter telescope is equipped with 2 science instruments designed for infrared observations.
  • SWIMS (Simultaneous-colour Wide-field Infrared Multi-object Spectrograph): Aimed at understanding the evolution of galaxies.
  • MIMIZUKU (Mid-Infrared Multi-field Imager for gaZing at the UnKnown Universe): Used to study planet formation and the origin of materials.

What are Some Other Major Observatories in India and Around the World?

• India:
  • Giant Metrewave Radio Telescope, Pune (Maharashtra)
  • Kodaikanal Solar Observatory, Kodaikanal (Tamil Nadu)
  • Indian Astronomical Observatory (IAO), Hanle (Ladakh)
• Other International Observatories:
  • Mauna Kea Observatories (Hawaii, USA)
  • Kitt Peak National Observatory (Arizona, USA)
  • Mount Wilson Observatory (California, USA)
  • Square Kilometre Array Observatory

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World Telecommunication and Information Society Day

Source: PIB

The Department of Telecommunications (DoT), celebrated World Telecommunication and Information Society Day on 17^th May 2024, with the theme “Digital Innovation for Sustainable Development”.

• The day marks the anniversary of the founding of the International Telecommunication Union (ITU) on 17^th May 1865, when the first International Telegraph Convention was signed in Paris.
• Centre for Development of Telematics (C-DOT), the premier Telecom R&D Centre of DoT announced special Initiatives “NIDHI” & “STAR Program” for the development of indigenous telecom solutions & technologies.
  
  • STAR Program provides scholarship and mentorship support from C-DOT research leaders to PhD students.
• The Telecom industry in India is the 2^nd largest in the world with a subscriber base of 1.179 Billion as of August 2023 (wireless + wireline subscribers).
• • • It is integral to the digital economy and is projected to reach around USD 1.5 billion by 2025-26, making up approximately 15% of the GDP.

Read more: India’s Booming Telecom Sector, Transformative Impacts of Telecommunications Act 2023, 6G Technology

Indian Army Gets AK-203 Rifles

Source: TH

The Indian Army has received the first batch of 27,000 units of Russian AK-203 assault rifles.

• Under a contract signed between India and Russia in July 2021, over 6.1 lakh AK-203 assault rifles are to be manufactured in India with technology transfer from Russia.
• The joint venture Indo-Russian Rifles Private Limited (IRRPL) was established at Korwa in Uttar Pradesh in 2019 for this purpose.
  • It was set up between the erstwhile Ordnance Factory Board [now Advanced Weapons and Equipment India Limited (AWEIL) and Munitions India Limited (MIL)] from India and Rosoboronexport (RoE) and Kalashnikov concern of Russia.
• India is progressively making the AK-203 rifles within the country, aiming to reach 70% domestic content in just 2 years. Currently, around 25% of the rifle's parts are manufactured locally.
• The full-scale production with 100% localisation of rifles is expected to be reached within 2-3 years.
• The Indian Army has been phasing out the INSAS (Indian National Small Arms System) rifles in favour of more advanced weaponry.

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India Observes State Mourning for Iran President

Source: IE

The Government of India has announced a day of state mourning on 21^st May 2024, following the tragic death of Iranian President Seyed Ebrahim Raisi and other senior officials in a helicopter-related incident.

• As part of the state mourning, the national tricolour will be flown at half-mast at all public buildings across the country as a mark of respect for the late Iranian president, and no official entertainment will take place during this period.
  • State mourning in India is observed under specific guidelines provided by the Ministry of Home Affairs. These guidelines are part of the broader set of rules and conventions known as the Flag Code of India, 2002.
• The Prime Minister of India expressed grief on Raisi’s death and acknowledged his significant contribution to India-Iran ties.
  • During President Raisi's term, Iran joined the BRICS grouping in Johannesburg in 2023, alongside Saudi Arabia.

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Massive Fire at Union Carbide Plant

Source: DTE

Recently, a massive fire occurred at the Union Carbide factory in Bhopal, which was shut down after the Bhopal Gas Tragedy of 1984.

• The locals expressed their fear about the potential effects of toxic smoke on their bodies.
• The Bhopal gas tragedy was one of the worst industrial accidents in history that occurred on the night of 2-3 December 1984 at the Union Carbide India Limited (UCIL) pesticide plant.
  • It exposed people and animals to the highly toxic gas methyl isocyanate (MIC), causing immediate and long-term health effects and deaths.
  • The cause of the gas leak is debated between corporate negligence and employee sabotage.
  • As a result several laws were passed related to disaster and environmental protection in India.
    • Bhopal Gas Leak Disaster Act of 1985,
    • Environment Protection Act of 1986,
    • Public Liability Insurance Act of 1991,
    • Civil Liability for Nuclear Damage Act of 2010

Read more: Lingering Health Effects of Bhopal Gas Tragedy

Kharkiv and Kyiv Region

Source: TH

Amid the ongoing Russia-Ukraine war, Russia has started a military operation by sending troops across the border into the northeastern Kharkiv region of Ukraine.

• Ukraine initially pushed back Russian forces from the region in late 2022, but is now facing a new offensive due to ammunition and manpower shortages.
• The Russia- Ukraine war has been raging for two years, causing widespread displacement, impacting Europe's geopolitical landscape, and disrupting the global economy.
• Ukraine is located in eastern Europe, the second largest on the continent after Russia. The capital is Kyiv, located on the Dnieper River in north-central Ukraine.
  • Kharkiv city lies in northeastern Ukraine. It lies at the confluence of the Uda, Lopan, and Kharkiv rivers.

Read more: Russia-Ukraine Conflict