Criminal Justice System

Why in News?

Recently, the Supreme Court gave two months to high courts and states to implement a set of guidelines meant to streamline inadequacies and deficiencies in criminal trials.

• These guidelines are referred to as Draft Rules of Criminal Practice, 2020.
• The Draft Rules recommends reforms in investigation and trial, including proposals to employ separate teams of lawyers to help the police during the probe and for the trial; details to be covered while drafting spot panchnamas and even corrections in body sketches.

What is Criminal Justice System in India?

• Criminal Justice System refers to the agencies of government charged with enforcing law, adjudicating crime, and correcting criminal conduct.
• Objective:
  • To prevent the occurrence of crime.
  • To punish the transgressors and the criminals.
  • To rehabilitate the transgressors and the criminals.
  • To compensate the victims as far as possible.
  • To maintain law and order in society.
  • To deter offenders from committing any criminal act in the future

Why There is a Need for Reforms?

• Colonial Legacy: The criminal justice system- both substantive and procedural- are replica of the Bristish colonial jurisprudence, which were designed with the purpose of ruling the nation.
  • Therefore, the relevance of these 19^th century laws is debatable in the 21^st century.
• Ineffective Justice Delivery: The purpose of the criminal justice system was to protect the rights of the innocents and punish the guilty, but nowadays the system has become a tool of harassment of common people.
• Pendency of Cases: According to Economic Survey 2018-19, there are about 3.5 crore cases pending in the judicial system, especially in district and subordinate courts, which leads to actualization of the maxim Justice delayed is justice denied.”
• Huge Undertrials: India has one of the world’s largest numbers of undertrial prisoners.
  • According to National Crime Records Bureau (NCRB)-Prison Statistics India, 67.2% of our total prison population comprises of under trial prisoners.
• Police Issue: Police are being a front line of the criminal judiciary system, which played a vital role in the administration of justice. Corruption, huge workload and accountability of police is a major hurdle in speedy and transparent delivery of justice.

Way Forward

• Victim And Witness Protection: There is a need to launch victim and witness protection schemes, use of victim impact statements, increased victim participation in criminal trials, enhanced access of victims to compensation and restitution.
• Revision of Criminal Codes: Criminal liability could be graded better to assign the degree of punishments.
  • New types of punishments like community service orders, restitution orders, and other aspects of restorative and reformative justice could also be brought in its fold.
  • Also, many chapters of the Indian Penal Code are overloaded at several places.
  • For instance, the chapters on offences against public servants, contempt of authority, public tranquility, and trespass can be redefined and narrowed.
• Increasing Strength of Judicial Service: One of the solutions is to substantially increase the strength of the judicial services by appointing more judges at the subordinate level — improvements must start from the bottom of the pyramid.
  • Strengthening the subordinate judiciary also means providing it with administrative and technical support and prospects for promotion, development and training.
  • Institutionalizing All-India Judicial Service can be a step in the right direction.
• Promoting Alternative Dispute Resolution: It should be mandated that all commercial litigation will be entertained only if there is an affidavit from the petitioner that mediation and conciliation have been attempted and have failed.
  • Mechanisms such as ADR (Alternate Dispute Resolution), Lok Adalats, Gram Nyayalayas should be effectively utilized.

Source: TH

Ban on Menthol Cigarettes and Flavored Cigars

Why in News?

Recently, the US Food and Drug Administration issued a proposal to ban menthol cigarettes and flavored cigars.

• India has not banned the sale of menthol cigarettes.
• In 2012, Brazil became the first country in the world to ban menthol cigarettes.
• In 2019, the Centre banned electronic cigarettes and in addition, different states have their own rules in place banning hookah consumption, including flavored hookahs, in public places.

What is the Proposal?

• About:
  • It aims to prohibit menthol as a characterizing flavor in cigarettes and prohibit all characterizing flavors (other than tobacco) in cigars.
  • The proposed rules would help prevent children from becoming the next generation of smokers and help adult smokers quit.
    • The proposed rules represent an important step to advance health equity by significantly reducing tobacco-related health disparities.
  • The proposed ban does not cover electronic cigarettes.
• Penalty:
  • The rules will not be enforced against individual consumers for possession or use of menthol cigarettes or flavored cigars.
  • The rules will only “address manufacturers, distributors, wholesalers, importers and retailers who manufacture, distribute, or sell such products.

What are the Reasons behind the Ban?

• Health:
  • Menthol, with its minty taste and aroma, “reduces the irritation and harshness of smoking.
    • This increases appeal and makes menthol cigarettes easier to use, particularly for youth and young adults.
    • Menthol also interacts with nicotine in the brain to enhance nicotine’s addictive effects, while making it more difficult for people to quit smoking.
• Race:
  • Menthol cigarette use is disproportionately higher among Black Americans (85% of smokers within the community) than White Americans (30%).
  • The proposed ban will affect a large share of the smoker population, especially young adults and racially disadvantaged groups.

What is the Status of Tobacco Consumption in India?

• According to the Global Youth Tobacco Survey, India has the second largest number (268 million) of tobacco users in the world and of these 13 lakhs die every year from tobacco-related diseases.
  • Ten lakh deaths are due to smoking, with over 2,00,000 due to second-hand smoke exposure, and over 35,000 are due to smokeless tobacco use.
• About 27 crore people above the age of 15 years and 8.5% of school-going children in the age group 13-15 years use tobacco in some form in India.
  • India bears an annual economic burden of over Rs. 1,77,340 crores on account of tobacco use.
• Tobacco use is known to be a major risk factor for several non-communicable diseases such as cancer, cardiovascular disease, diabetes, and chronic lung diseases. Nearly 27% of all cancers in India are due to tobacco usage.

What will be the Impact of such Ban on India?

• If India were to ban menthol and other flavored cigarettes, the impact might be limited, given that chewing tobacco and bidi are the most common forms of tobacco use.
  • As per the last available Global Adult Tobacco Survey (GATS 2016-17) — India has 26.7 crore tobacco users aged 15 and above, 18% of the population uses smokeless tobacco, 7% smoke, and 4% use both.
• Even among smokers, the impact of such a step would only be on young adults and women who are just starting to smoke.
• Banning products has logistical issues as well because banning will increase smuggling of the products.
  • Currently, availability of various flavors has increased over the years.

What are the Related Initiatives of India?

• India:
  • WHO FCTC:
    • India adopted the tobacco control provisions under World Health Organization (WHO) Framework Convention on Tobacco Control (WHO FCTC).
  • Cigarettes and Other Tobacco Products Act (COTPA), 2003:
    • It replaced the Cigarettes Act of 1975 (largely limited to statutory warnings- ‘Cigarette Smoking is Injurious to Health’ to be displayed on cigarette packs and advertisements. It did not include non-cigarettes).
    • The 2003 Act also included cigars, bidis, cheroots, pipe tobacco, hookah, chewing tobacco, pan masala, and gutka.
  • Promulgation of the Prohibition of Electronic Cigarettes Ordinance, 2019:
    • It prohibits Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement of e-Cigarettes.
  • National Tobacco Quitline Services (NTQLS):
    • Tobacco Quitline Services have the potential to reach many tobacco users with the sole objective to provide telephone-based information, advice, support, and referrals for tobacco cessation.
  • mCessation Programme:
    • It is an initiative using mobile technology for tobacco cessation.
      • India launched mCessation using text messages in 2016 as part of the government’s Digital India initiative.

Way Forward

• Inequality Perspective:
  • Public policy and health promotion interventions (a part of the sociopolitical context) need to have an inequality perspective to have desired impact and accordingly modify tobacco control policies.
    • Tobacco control measures that differentially target the poor include banning of advertisements, raising tobacco prices, workplace interventions, free supply of cessation aids, and telephone help lines.
• Suitable Policy Reformation:
  • To reduce the mortality and morbidity related to tobacco, there should be suitable policy reformation with interventions like inclusion of large public health programs in relation with the National Tobacco Control (NCD) Programme to solve this problem holistically.

Source: IE

RBI’s Report on Currency and Finance

Why in News?

According to recent Reserve Bank of India’s (RBI) Report on Currency and Finance (RCF), the Indian economy may take more than a decade to overcome the losses caused by the outbreak of Covid-19 pandemic.

• The theme of the report is "Revive and Reconstruct" in the context of nurturing a durable recovery post-Covid-19 and rising trend growth in the medium-term.

What are the Concerns Highlighted by the Report?

• Covid-19, Worst Health Crises: The Covid-19 pandemic will go down in history as one of the worst health crises the world has ever faced.
• Growth Data: The pre-Covid trend growth rate works out to 6.6% and excluding the slowdown years it works out to 7.1%.
  • Taking actual growth rate of (-) 6.6% for 2020-21, 8.9% for 2021-22 and assuming growth rate of 7.2% for 2022-23 and 7.5% beyond that, India is expected to overcome Covid-19 losses in 2034-35.
• Economic Challenges of Pandemic: Its economic impact may linger for many more years and confront Indian Economy with the challenges of rebuilding livelihoods, safeguarding businesses and reviving the economy.
  • India suffered among the biggest pandemic induced losses in the world in terms of output, lives and livelihoods, which may take years to recover.
• Russia-Ukraine Conflict: The Russia-Ukraine conflict has also dampened the momentum of recovery, with its impact transmitting through record high commodity prices, weaker global growth outlook and tighter global financial conditions.
• Deglobalization Threat: Concerns surrounding deglobalisation impacting future trade, capital flows and supply chains have amplified uncertainties for the business environment.

What are the Reforms Highlighted in the Report?

• Seven Wheels of Economic Progress: The blueprint of reforms proposed in the Report revolves around seven wheels of economic progress:
  • Aggregate demand.
  • Aggregate supply.
  • Institutions, intermediaries and markets.
  • Macroeconomic stability and policy coordination.
  • Productivity and technological progress.
  • Structural change.
  • Sustainability.
  • A feasible range for medium-term steady state Gross Domestic Product (GDP) growth in India works out to 6.5 – 8.5%, consistent with the blueprint of reforms.
• Rebalancing of Monetary and Fiscal Policies: Timely rebalancing of monetary and fiscal policies will likely be the first step in this journey.
• Price Stability: Price stability is a necessary precondition for strong and sustainable growth.
• Reducing Government Debt: Reducing general government debt to below 66% of GDP over the next five years is important to secure India’s medium-term growth prospects.
• Structural Reforms: Suggested structural reforms include:
  • Enhancing access to litigation free low-cost land.
  • Raising the quality of labor through public expenditure on education and health and the Skill India Mission.
  • Scaling up R&D activities with an emphasis on innovation and technology.
  • Creating an enabling environment for start-ups and unicorns.
  • Rationalization of subsidies that promote inefficiencies.
  • Encouraging urban agglomerations by improving the housing and physical infrastructure.
• Promoting Industrial revolution 4.0: Industrial revolution 4.0 and committed transition to a net-zero emission target warrant a policy ecosystem that facilitates provision of adequate access to risk capital and a globally competitive environment for doing business.
• Better FTA Negotiations: India’s ongoing and future free trade agreement (FTA) negotiations may focus on the transfer of technology and better trade terms for high quality imports from partner countries to improve the outlook for exports and domestic manufacturing.

Source: TH

Rules for Resignation and Reinstatement of an Officer

Why in News?

Recently, an Indian Administrative Service (IAS) officer who resigned from the service in protest against the “unabated” killings in Kashmir in 2019, has been reinstated.

What are the Rules regarding the Resignation of IAS officers?

• The resignation of an officer of any of the three All-India Services is governed by Rules 5(1) and 5(1)(A) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958.
  • All-India Services includes: IAS, the Indian Police Service (IPS) and Indian Forest Service (IFS).
• There are similar rules for resignation of officers belonging to the other central services as well.

What is the Meaning of Resignation by an Officer?

• About:
  • A resignation is a formal intimation in writing by an officer of his/her intention or a proposal to leave the IAS, either immediately or at a specified date in the future.
    • A resignation has to be clear and unconditional.
  • Resignation from service is entirely different from accepting the government’s Voluntary Retirement Scheme (VRS).
    • Those who take VRS are entitled to pension, whereas those who resign are not.
• To whom it is Submitted:
  • In case of State Deputation:
    • The chief secretary of the state.
  • If Case of Central Deputation:
    • The secretary of the concerned Ministry or Department.
      • The Ministry/Department then forwards the officer’s resignation to the concerned state cadre, along with its comments or recommendations.

What is the Process after the Resignation is Submitted?

• At State Level:
  • The state checks to see if any dues are outstanding against the officer, as well as the vigilance status of the officer or whether any cases of corruption etc. are pending against him/her.
    • In case there is such a case, the resignation is normally rejected.
• At Central Level:
  • The resignation of the officer is considered by the competent authority, i.e., the central government, only after the recommendation of the concerned cadre has been received.
  • The competent authorities are:
    • Minister of State at the Department of Personnel & Training (DoPT) in respect of the IAS
    • The Minister for Home Affairs in respect of the IPS
    • Minister for Environment, Forest and Climate Change in respect of the Forest Service.
  • As Minister in Charge of the DoPT, the Prime Minister makes decisions regarding the IAS.

What are the Circumstances for Accepting or Rejecting Resignation?

• Regarding Accepting:
  • Where a government servant who is under suspension submits a resignation the competent authority should examine, with reference to the merit of the disciplinary case pending against the Government servant, whether it would be in the public interest to accept the resignation.
• Regarding Rejecting:
  • Resignation can be rejected if disciplinary cases are pending against officers.
    • In such cases, concurrence of the Central Vigilance Commission (CVC) is obtained.
  • The government also checks whether the concerned officer had executed any bond to serve the government for a specified number of years on account of having received specialised training, a fellowship, or scholarship for studies.

What about the Withdrawal of a Resignation after Submission?

• According to Rule 5(1A)(i) of the amended DCRB Rules, the central government may permit an officer to withdraw his/her resignation “in the public interest”.
• The period of absence from duty between the date on which the resignation became effective and the date on which the member is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days.
• Request for withdrawal of resignation shall not be accepted by the Central Government in case:
  • A member of the Service resigns from his/her service or post with a view to be associated with any political parties or any organisation which takes part in politics,
  • A member is to take part in any political movement or use his/her influence in connection with, or take part in, an election to any legislature or local authority.
• The resignation will be deemed to have been automatically withdrawn, if an officer who has submitted his/her resignation sends an intimation in writing withdrawing it before its acceptance by the competent authority.

Source: IE

GPS Aided GEO Augmented Navigation

Why in News?

Recently, Airports Authority of India (AAI) Successfully conducted a light trial using GAGAN {GPS (Global Positioning System) Aided GEO Augmented Navigation} based LPV (Localizer Performance with Vertical Guidance) Approach Procedures.

• Many airports including the ones under Regional Connectivity Scheme are being surveyed for the development of GAGAN-based LPV Instrument Approach Procedures.
• This is being done so that suitably equipped aircraft can derive maximum benefit in terms of improved safety during landing, reduction in delays, diversions and cancellations, reduction in fuel consumption, etc.

What is LPV?

• LPV is a Satellite Based Procedure which has been used by aircraft for landing purposes.
• LPV approaches make aircraft possible to land at airports not equipped with expensive Instrument Landing Systems, which includes many small regional and local airports.
• Lowering the decision height up to 250 ft provides a substantial operational benefit in poor weather and low visibility conditions.
• Thus, any airport which hitherto would require higher visibility minima, will be able to accept aircraft benefiting remote airports which are devoid of precision approach capability equipment.

What is GAGAN?

• About:
  • It is a Space Based Augmentation System (SBAS) jointly developed by ISRO (Indian Space Research Organisation) and AAI to provide the best possible navigational services over Indian FIR (Flight Information Region) with the capability of expanding to neighboring FIRs.
  • GAGAN is a system of satellites and ground stations that provide GPS signal corrections, giving you better position accuracy.
  • It is the first such system developed for India and neighboring countries in the equatorial region.
  • GAGAN System was certified by DGCA (Directorate General of Civil Aviation) in 2015 for Approach with Vertical Guidance (APV 1) and en-route (RNP 0.1) operations.
    • There are only four Space-Based augmentation systems available in the world namely India (GAGAN), US (WAAS) Europe (EGNOS) and Japan (MSAS).

• Services Offered:
  • Aviation, Forest management, Railways signaling, Scientific Research for Atmospheric Studies, Natural Resource and Land Management, Location based services, Mobile, Tourism.
• Coverage Area:
  • GAGAN GEO footprint expands from Africa to Australia and GAGAN system has capability to cater 45 reference stations for expansion to neighboring countries.
  • GAGAN provides a civil aeronautical navigation signal consistent with International Civil Aviation Organization (ICAO) Standards and Recommended Practices (SARPs) as established by the Global Navigation Satellite System (GNSS) Panel.

Source: PIB

BCC Framework under SBM-U 2.0

Why in News?

Swachh Bharat Mission-Urban 2.0 (SBM-U 2.0), has launched the ‘National Behaviour Change Communication (BCC) Framework for Garbage Free Cities’ to strengthen the ongoing jan andolan for ‘Garbage Free Cities’.

What is the National Behaviour Change Communication Framework?

• The BCC Framework for Garbage Free Cities shall serve as a guiding document and blueprint for States and Cities to undertake large scale multimedia campaigns along with intensive and focused inter-personal communication campaigns.
• The framework focuses on intensifying messaging around the key focus areas of source segregation, collection, transportation, and processing of waste, plastic waste management, and remediation of legacy dumpsites to transform the urban landscape of India.

What is SBM-U 2.0?

• About:
  • SBM-U 2.0, announced in Budget 2021-22, is the continuation of SBM-U first phase.
  • It was launched on 1^st October 2021 to achieve the vision of ‘Garbage Free Cities’ over the next five years.
    • The government is also trying to tap safe containment, transportation, disposal of faecal sludge, and septage from toilets.
  • It will be implemented over five years from 2021 to 2026 with an outlay of Rs.1.41 lakh crore.
    • SBM-U first phase was launched on 2nd October 2014 aiming at making urban India Open Defecation Free (ODF) and achieving 100% scientific management of municipal solid waste. It lasted till October 2019.
• Aim:
  • It focuses on source segregation of garbage, reduction in single-use plastic and air pollution, by effectively managing waste from construction and demolition activities and bioremediation of all legacy dump sites.
  • Under this mission, all wastewater will be treated properly before it is discharged into water bodies, and the government is trying to make maximum reuse a priority.
• Mission Outcomes:
  • All statutory towns will become ODF+ certified (focuses on toilets with water, maintenance and hygiene).
  • All statutory towns with less than 1 lakh population will become ODF++ certified (focuses on toilets with sludge and septage management).
  • 50% of all statutory towns with less than 1 lakh population will become Water+ certified (aims to sustain toilets by treating and reuse of water).
  • All statutory towns will be at least 3-star Garbage Free rated as per MoHUA’s Star Rating Protocol for Garbage Free cities.
  • Bioremediation of all legacy dumpsites.

Source: PIB

MSME Sustainable (ZED) Certification Scheme

Why in News?

Ministry for Micro, Small and Medium Enterprises has launched the MSME (Micro, Small and Medium Enterprises) Sustainable (ZED-Zero Defect Zero Effect) Certification Scheme.

What is the Scheme?

• About:
  • This Scheme is an extensive drive to enable and facilitate MSMEs adopt ZED practices and motivate and incentivize them for ZED Certification while also encouraging them to become MSME Champions.
  • MSME Sustainable (ZED) Certification can be attained in Three Levels after registering and taking the ZED Pledge:
    • Certification Level 1: BRONZE
    • Certification Level 2: SILVER
    • Certification Level 3: GOLD
  • After taking the ZED Pledge, the MSME can apply for any Certification Level if it feels that it can fulfil the requirements mentioned in each level.
  • The intent of taking a ZED Pledge is to take a “pre-commitment” or a solemn promise by MSMEs to uphold the values of Zero Defect Zero Effect in their practices and to urge them to move ahead on the journey of ZED.
• Subsidy:
  • Under the Scheme, MSMEs get subsidy as per the following structure, on the cost of ZED certification:
    • Micro Enterprises: 80%
    • Small Enterprises: 60%
    • Medium Enterprises: 50%
  • A provision of up to Rs. 5 lakhs (per MSME) will be made available for handholding and consultancy support for MSMEs under ZED Certification for assisting them to move towards Zero Defect Zero Effect solutions.
  • The MSMEs can also avail themselves of several other incentives offered for ZED Certification by States & UTs, Financial Institutions etc. and can also apply for free Certification under the MSME KAWACH (COVID-19 Support) initiative.
• Components of the Scheme:
  • Industry Awareness Programmes/Workshop.
  • Training Programmes.
  • Assessment & Certification.
  • Handholding.
  • Benefits/Incentives.
  • PR campaign, Advertising & Brand Promotion
  • Digital Platform.
• Benefits:
  • Through the journey of ZED Certification, MSMEs can reduce wastages substantially, increase productivity, enhance environmental consciousness, save energy, optimally use natural resources, expand their markets, etc.

Source: PIB

Hattis of Himachal Pradesh

Why in News?

Centre is considering the Himachal Pradesh’ government’s request for inclusion of the Hatti community in the list of Scheduled Tribes in the state.

• The community has been making the demand since 1967, when tribal status was accorded to people living in the Jaunsar Bawar area of Uttarakhand, which shares a border with Sirmaur district.
• Their demand for tribal status gained strength because of resolutions passed at various maha Khumblis over the years.

Who are the Hattis?

• The Hattis are a close-knit community who got their name from their tradition of selling homegrown vegetables, crops, meat and wool etc. at small markets called ‘haat’ in towns.
• The Hatti community, whose men generally don a distinctive white headgear during ceremonies, is cut off from Sirmaur by two rivers called Giri and Tons.
  • Tons divides it from the Jaunsar Bawar area of Uttarakhand.
• The Hattis who live in the trans-Giri area and Jaunsar Bawar in Uttarakhand were once part of the royal estate of Sirmaur until Jaunsar Bawar’s separation in 1815.
  • The two clans have similar traditions, and inter-marriages are commonplace.
• There is a rigid caste system among the Hattis — the Bhat and Khash are the upper castes, while the Badhois are below them.
• Inter-caste marriages have traditionally remained a strict no-no.
• Due to topographical disadvantages, the Hattis living in the Kamrau, Sangrah, and Shilliai areas lag in education and employment.
• The Hattis are governed by a traditional council called Khumbli, which like the khaps of Haryana, decide community matters.
• The Khumbli’s power has remained unchallenged despite the establishment of the Panchayati Raj System.

Source: IE