aditya
07:01
Vision IAS International Relations Mains 365 Hindi 2022 PDF
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Sunday, August 14, 2022
Vision IAS Social Issues Mains 365 English 2022 PDF
aditya
06:55
Vision IAS Social Issues Mains 365 English 2022 PDF
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Saturday, August 13, 2022
75 Facts About India on 75th Indian Independence Day which Everyone Must Know
aditya
18:00
Facts about India: India observes Independence Day on August 15th every year as a national holiday to remember the day the country gained its independence from the United Kingdom and the provisions of the 1947 Indian Independence Act, which gave the Indian Constituent Assembly legislative authority, went into force. Prior to adopting the Constitution of India on January 26, 1950 (also known as Indian Republic Day), which replaced the dominion prefix Dominion of India with the sovereign law Constitution of India, India continued to be ruled by King George VI. Following the Freedom Movement, known for its primarily nonviolent resistance and civil disobedience, India won independence.
So, This 75th Independence day, we have brought for you, 75 interesting, amazing facts about India.
Interesting Facts About India:
- The wettest inhabited country on Earth is India. With 11,873 millilitres of rain falling annually, Meghalaya village has been named the wettest spot on Earth by the Guinness Book of World Records. Considering that the rain season lasts for six months.
- Over 2 million Hindu temples and over 300,000 mosques can be found in India. Mosques can range in size from modest structures in tiny towns to enormous, well-known structures like the Jama Masjid in New Delhi or the Mecca Masjid in Hyderabad. There are more than 23,000 temples in Varanasi alone, a holy city.
- The highest motorable road in the world. The Ladakh road is the highest motorable road in the world at above 19,300 feet.
- The glacial Lake Roopkund, which is 16,470 feet above sea level in the Himalayas, is known for the human bones that have been discovered there and nearby. The skeletons are considered to be the remains of persons who died in a strong hailstorm in the ninth century.
- For around 1,000 years beginning in the fourth century BC, India was the world’s sole supplier of diamonds. The Krishna River Delta is where the initial diamonds were discovered.
Amazing Facts About India:
Daily Current Affairs, 13th August 2022
aditya
17:51
1) World Organ Donation Day celebrates on 13th August
•World Organ Donation Day is observed globally on the 13th of August. This day is observed to spread awareness about the importance of donating organs. It also plays a pivotal role in debunking various misconceptions about donating organs. Donating organs of the deceased like kidneys, heart, pancreas, eyes, lungs, etc can help save the lives of those who are facing chronic illnesses. However, it is important to ensure those who donate their organs do not suffer from HIV, cancer, or any heart disease.
World Organ Donation Day 2022: Theme
•This year’s theme for World Organ Donation Day 2022 is “let’s pledge to donate organs and save lives”. The Day is celebrated to raise awareness of the need for donating organs and to thank donors for their life-saving contributions.
2) International Lefthanders Day observed on 13th August
•International Lefthanders Day is observed on August 13 across the world. The day is observed to raise awareness about the lefty people’s experience with living in a right-hand dominant world. The day also spreads awareness on issues faced by left-handers, eg the importance of the special needs for left-handed children and the likelihood for left-handers to develop schizophrenia.
3) IAF to Participate in Military Drills ‘Udarashakti’ with Malaysia
•Indian Air Force (IAF) contingent left for Malaysia to participate in a four-day bilateral exercise ‘Udarashakti’ with the Royal Malaysian Air Force (RMAF). The exercise will give an opportunity to the IAF contingent members to share and learn best practices with some of the best professionals from the RMAF, while also discussing mutual combat capabilities.
•The exercise will witness various aerial combat drills between the two Air Forces, the IAF said, adding that it would fortify the long-standing bond of friendship and enhance the avenues of defence cooperation between the two Air Forces, thereby augmenting security in the region. From the Indian Air Force Su-30, MKI and C-17 aircraft will be participating while the RMAF will be flying Su-30 MKM aircraft.
4) Reserve Bank Of India’s 1st Set Of Digital Lending Norms
•All digital loans must be disbursed and repaid through bank accounts of regulated entities only, without pass-through of loan service providers (LSPs) or other third parties, the Reserve Bank of India (RBI) said in its long-awaited guidelines for the segment.
•The guidelines, aimed at curbing rising malpractices in the digital lending ecosystem, follow the recommendations of a working group for digital lending, whose report was made public in November 2021. “The concerns primarily relate to the unbridled engagement of third parties, mis-selling, breach of data privacy, unfair business conduct, charging of exorbitant interest rates, and unethical recovery practices,” the RBI said in the final guidelines.
5) 5th elephant reserve in Agasthyamalai landscape announced by Tamil Nadu
•The proposal to designate 1,197.48 sq.km in Kanyakumari and Tirunelveli as the Agasthiyarmalai Elephant Reserve was approved by the Union Environment Ministry. Tamil Nadu will oversee this Agasthiyarmalai Elephant Reserve, which is the fifth elephant reserve. The forest department may be eligible for additional financing through the centrally sponsored Project Elephant after notifying the Agasthiyarmalai Elephant Reserve.
6) Ministry of Social Justice launches SMILE-75 initiative
•The Ministry of Social Justice & Empowerment, Government of India, has identified 75 Municipal Corporations to implement comprehensive rehabilitation of persons engaged in the act of begging under “SMILE: Support for Marginalised Individuals for Livelihood and Enterprise” named as “SMILE-75 Initiative”.
•The Government of India has recognised the persisting problem of destitution and beggary and formulated a comprehensive scheme of SMILE which includes a sub-scheme of comprehensive rehabilitation for persons engaged in begging that covers identification, rehabilitation, provision of medical facilities, counselling, and education, skill development for a decent job and self-employment/entrepreneurship.
7) Mexican President proposes peace commission led by 3 leaders including PM Modi
•The Mexican President, Andrés Manuel López Obrador has proposed that the top commission should include Pope Francis, the UN Secretary-General, Antonio Guterres, and Indian PM Narendra Modi. The aim of the commission would be to present a proposal to stop the wars around the world and reach an agreement to seek a truce for at least five years. The commission aims to stop wars across the world and reach an agreement to seek a truce for at least five years.
•The Mexican President is planning to submit a written proposal to the UN to create the commission, made up of three world leaders, including PM Modi, to promote a world truce for a period of five years.
8) IMD-UNDP and Japan collaborate for climate action in 10 States and UTs
•IMD-UNDP initiates a new project to speed up climate action in 10 States and Union Territories throughout the nation has been unveiled by the India Meteorological Department (IMD), the government of Japan, and the United Nations Development Programme (UNDP). During the years 2022–2023, the project of IMD-UNDP will be implemented in the following states: Bihar, Delhi–NCR, Gujarat, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Sikkim, Uttarakhand, and Uttar Pradesh. UNDP India has received a $5.16 million climate grant from Japan for the project of IMD-UNDP. This is a component of the worldwide assistance provided by Japan to 23 nations through the UNDP‘s “Climate Promise — From Pledge to Impact” initiative.
9) Argentina’s Rear Admiral Guillermo Pablo Rios named UNMOGIP’s head
•An experienced Argentinean navy officer, Rear Admiral Guillermo Pablo Rios has been named Head of Mission and Chief Military Observer for the United Nations Military Observer Group in India and Pakistan (UNMOGIP) by UN Secretary General Antonio Guterres . Major General José Eladio Alcain of Uruguay steps down in favour of Rear Admiral Guillermo Pablo Rio of Argentina as Head of Mission and Chief Military Observer for UNMOGIP, whose task is about to be completed. Major General Alcan was thanked by the Secretary-General for his assistance with UN peacekeeping activities.
10) Retail Inflation Eases To 6.71% In July
•Retail inflation softened to 6.71 per cent in July due to moderation in food prices but remained above the Reserve Bank’s comfort level of 6 per cent for the seventh consecutive month. With retail inflation continuing to remain high despite a fall in prices of vegetables and edible oils, among other commodities in July, the Reserve Bank of India (RBI) might go for another rate hike in September.
11) 1st edition of Women’s IPL to be held in March 2023
•The 1st Edition of Women Indian Premier League will be starting from March 2023 to be held in a one-month window and in all likelihood with five teams, a senior BCCI official confirmed. The BCCI bigwigs have discussed the issue and a March window has been found for the tournament after the Women’s T20 World Cup in South Africa.
•Both BCCI president Sourav Ganguly and secretary Jay Shah in separate interviews had earlier confirmed that 2023 is the year when WIPL would start. A lot of cricket lovers believe that WIPL will bring in a revolution and the standard of women’s cricket in India will have a quantum leap. It is understood that teams like Mumbai Indians, Rajasthan Royals, and Chennai Super Kings have all expressed their interest in buying teams.
Raus IAS Mains 2022 Compass Magazine Social Justice PDF
aditya
13:52
Raus IAS Mains 2022 Compass Magazine Social Justice PDF
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The HINDU Notes – 13th August 2022
aditya
13:41
📰 Moving policy away from population control
India’s focus should be on investment in human capital, on older adults living with dignity, and on healthy population ageing
•The United Nations’ World Population Prospects (WPP), 2022, forecasts India becoming the most populous country by 2023, surpassing China, with a 140 crore population. This is four times the population India had at the time of Independence in 1947 (34 crore). Now, at the third stage of the demographic transition, and experiencing a slowing growth rate due to constant low mortality and rapidly declining fertility, India has 17.5% of the world’s population. As per the latest WPP, India will reach 150 crore by 2030 and 166 crore by 2050.
A sea change
•In its 75-year journey since Independence, the country has seen a sea change in its demographic structure. In the 1960s, India had a population growth rate of over 2%. At the current rate of growth, this is expected to fall to 1% by 2025. However, there is a long way to go for the country to achieve stability in population. This is expected to be achieved no later than 2064 and is projected to be at 170 crore (as mentioned in WPP 2022).
•Last year, India reached a significant demographic milestone as, for the first time, its total fertility rate (TFR) slipped to two, below the replacement level fertility (2.1 children per woman), as per the National Family Health Survey. However, even after reaching the replacement level of fertility, the population will continue to grow for three to four decades owing to the population momentum (large cohorts of women in their reproductive age groups). Post-Independence, in the 1950s, India had a TFR of six. Several States have reached a TFR of two except for Bihar, Uttar Pradesh, Jharkhand, Manipur and Meghalaya. All these States face bottlenecks in achieving a low TFR. These include high illiteracy levels, rampant child marriage, high levels of under-five mortality rates, a low workforce participation of women, and low contraceptive usage compared to other States. A majority of women in these States do not have much of an economic or decisive say in their lives. Without ameliorating the status of women in society (quality of life), only lopsided development is achievable .
Demographic dividend
•A larger population is perceived to mean greater human capital, higher economic growth and improved standards of living. In the last seven decades, the share of the working age population has grown from 50% to 65%, resulting in a remarkable decline in the dependency ratio (number of children and elderly persons per working age population). As in the WPP 2022, India will have one of the largest workforces globally, i.e., in the next 25 years, one in five working-age group persons will be living in India. This working-age bulge will keep growing till the mid-2050s, and India must make use of it. However, there are several obstacles to harnessing this demographic dividend. India’s labour force is constrained by the absence of women from the workforce; only a fourth of women are employed. The quality of educational attainments is not up to the mark, and the country’s workforce badly lacks the basic skills required for the modernised job market. Having the largest population with one of the world’s lowest employment rates is another enormous hurdle in reaping the ‘demographic dividend’.
•Another demographic concern of independent India is the male-dominant sex ratio. In 1951, the country had a sex ratio of 946 females per 1,000 males. After aggressively withstanding the hurdles that stopped the betterment of sex ratios such as a preference for sons and sex-selective abortions, the nation, for the first time, began witnessing a slightly improving sex ratio from 1981. In 2011, the sex ratio was 943 females per 1,000 males; by 2022, it is expected to be approximately 950 females per 1,000 males. It is a shame that one in three girls missing globally due to sex selection (both pre-and post-natal), is from India — 46 million of the total 142 million missing girls. Improvement in sex ratio should be a priority as some communities face severe challenges from a marriage squeeze (an imbalance between the number of men and women available to marry in a specific society) and eventual bride purchase.
•Life expectancy at birth, a summary indicator of overall public health achievements, saw a remarkable recovery graph from 32 years in 1947 to 70 years in 2019. It is welcome to see how several mortality indicators have improved in the last seven decades. The infant mortality rate declined from 133 in 1951 (for the big States) to 27 in 2020. The under-five mortality rate fell from 250 to 41, and the maternal mortality ratio dropped from 2,000 in the 1940s to 103 in 2019. Every other woman in the reproductive age group in India is anaemic, and every third child below five is stunted. India stands 101 out of 116 nations in the Global Hunger Index; this is pretty daunting for a country which has one of the most extensive welfare programmes for food security through the Public Distribution System and the Midday Meals Scheme.
Serious health risks
•The disease pattern in the country has also seen a tremendous shift in these 75 years: while India was fighting communicable diseases post-Independence, there has been a transition towards non-communicable diseases (NCDs), the cause of more than 62% of total deaths. India is a global disease burden leader as the share of NCDs has almost doubled since the 1990s, which is the primary reason for worry. India is home to over eight crore people with diabetes. Further, more than a quarter of global deaths due to air pollution occur in India alone. With an increasingly ageing population in the grip of rising NCDs, India faces a serious health risk in the decades ahead. In contrast, India’s health-care infrastructure is highly inadequate and inefficient. Additionally, India’s public health financing is low, varying between 1% and 1.5% of GDP, which is among the lowest percentages in the world.
•India is called a young nation, with 50% of its population below 25 years of age. But the share of India’s elderly population is now increasing and is expected to be 12% by 2050. After 2050, the elderly population will increase sharply. So, advance investments in the development of a robust social, financial and healthcare support system for old people is the need of the hour. The focus of action should be on extensive investment in human capital, on older adults living with dignity, and on healthy population ageing. We should be prepared with suitable infrastructure, conducive social welfare schemes and massive investment in quality education and health. The focus should not be on population control; we do not have such a severe problem now. Instead, an augmentation of the quality of life should be the priority.
📰 Govt. to enumerate people who clean sewers
Since 2017, 351 people have died while at it
•The Ministry of Social Justice and Empowerment (MoSJ&E) is now preparing to undertake a nationwide survey to enumerate all people engaged in hazardous cleaning of sewers and septic tanks, an activity that has led to at least 351 deaths since 2017. Drawing a distinction between this work and manual scavenging, the Ministry insisted that the practice of manual scavenging no longer takes place in the country as all manual scavengers had been accounted for and enrolled into the rehabilitation scheme.
•Ministry officials said that the enumeration exercise, soon to be conducted across 500 AMRUT (Atal Mission for Rejuvenation and Urban Transformation) cities, is part of the Union government’s National Action Plan for Mechanised Sanitation Ecosystem (NAMASTE), which will streamline the process of rehabilitating sanitation workers and eventually merge with and replace the Self-Employment Scheme for the Rehabilitation of Manual Scavengers (SRMS), which was started in 2007.
•The NAMASTE scheme is being undertaken jointly by the Ministry of Housing and Urban Affairs and the MoSJ&E and aims to eradicate unsafe sewer and septic tank cleaning practices, said Yogita Swaroop, Senior Economic Advisor in the MoSJ&E, who is overseeing the project. Officials said that the Ministry has already cleared ₹360 crore for this project — to be spent over the next four years.
•Other benefits under the scheme will include capital subsidies of up to ₹5 lakh on sanitation machinery costing up to ₹15 lakh and interest subsidies on loans, where interest rates will be capped between 4-6% for the beneficiaries.
📰 ‘29 elephant poaching cases in 3 years’
Friday, August 12, 2022
India’s talks with NATO
aditya
18:16
Why in news?
There have been talks that India had held its first political dialogue with the North Atlantic Treaty Organisation in December 2019.
What is NATO?
- The North Atlantic Treaty Organisation, or NATO, is a political and military alliance of 28 European countries and 2 countries in North America (United States and Canada).
- It was set up in 1949 by the US, Canada, and several western European nations to ensure their collective security against the Soviet Union.
- It was the US’s first peacetime military alliance outside the western hemisphere.
- NATO is headquartered in Brussels, Belgium while the headquarters of the Allied Command Operations is near Mons, Belgium.
- Collective defence is laid out in Article 5 of the North Atlantic Treaty in which members of NATO are committed to mutual defence in response to an attack by any external party.
What are the origins of NATO?
Daily Current Affairs, 12th August 2022
aditya
18:10
1) International Youth Day celebrates on 12th August
•International Youth Day is celebrated on 12 August every year. This day is celebrated to raise awareness regarding issues that are faced by the world’s youth. The objective of International Youth Day 2022 is to amplify the message that action is needed across all generations to achieve the Sustainable Development Goals (SDGs) and leave no one behind. It will also raise awareness of certain barriers to intergenerational solidarity, notably ageism, which impacts young and old persons while having detrimental effects on society as a whole.
International Youth Day 2022: Theme
•The theme for 2022’s edition of International Youth Day is “Intergenerational solidarity: creating a world for all ages.” Cooperation and harmony between the youth and older generations is necessary to achieve sustainable development goals, as per Agenda 2030 of the United Nations (UN).
2) World Elephant Day observed globally on 12 August
•World Elephant Day is celebrated on 12 August every year to raise awareness about the plight of elephants all over the world. The day tries to highlight why these animals should be protected and what laws and measures can be enacted to ensure their survival. The main objective of World Elephant Day is to create awareness on elephant conservation and to share knowledge and positive solutions for the better protection and management of wild and captive elephants.
3) New Changes In The Atal Pension Yojana(APY)
•The Central government has brought a few changes to the Atal Pension Yojana, which was started with the aim of providing pension facilities to those working in the unorganised sector in 2015. And as a result, the Ministry of Finance has now decided not to allow income taxpayers to apply for the APY scheme. The new order issued by Finance Ministry will come into effect from October 1, 2022. According to the gazette notification issued by the Ministry of Finance on August 10, any citizen who is or has been an income tax payer according to the Income Tax Act will not be eligible to join the Atal Pension Yojana from October 1, 2022.
4) “UMEED Market Place” launched by Manoj Sinha as part of AVSAR Program
•UMEED Market Place as part of the AVSAR Scheme of the Airport Authority of India launched by Lieutenant Governor Manoj Sinha at the Srinagar International Airport in Jammu and Kashmir. The Jammu Airport now has a marketplace that is comparable, and both locations will feature goods from all 20 districts, which is UMEED Market Place. The Lt. Governor previously unveiled a 20X20-foot LED video wall at the airport in Srinagar.
5) In India, 7.3% Of The Population Owned Digital Currency in 2021
•Over seven percent of India’s population owns digital currency, according to the UN, which said the use of cryptocurrency rose globally at an unprecedented rate during the Covid-19 pandemic.
6) Lumpi-ProVac: ICAR creates locally produced vaccine for cattle with lumpy disease
•ICAR develops Lumpi-ProVac, a locally made vaccine, for cattle with Lumpy skin disease. For veterinarians and cattle owners battling to stop the spread of lumpy skin disease among cattle in regions like Gujarat, Rajasthan, and Punjab, among others, there is encouraging news. Scientists from the Indian Council of Agricultural Research (ICAR) announced that an indigenous vaccine against the Lumpy skin disease (Lumpi-ProVac), which had been developed since 2019 using viral strains obtained from Ranchi, has successfully finished field trials and is now prepared for commercial introduction.
7) Singapore grants Padang, location of Netaji’s infamous Call “Chalo Dilli”
•The National Heritage Board stated that Padang (location of Netaji Subahs Chandra Bose‘s infamous Call “Chalo Dilli”) will now receive the Monument Status of Subas Chandra Bose and the greatest level of protection possible under Singapore’s Preservation of Monuments Act (NHB). On August 9, 2022, the country of Singapore celebrated its 57th National Day, and the Padang iconic green location was designated as the 75th national monument.
•Padang is a sizable open field venue in Singapore where, in July 1943, Netaji Subhas Chandra Bose delivered the phrase “Delhi Chalo.” One of the oldest open spaces still in use today, Padang has significant national, historical, and social value. It is well-liked for athletic events like lawn bowling, cricket, football, and ice hockey.
8) Senior Congress leader Shashi Tharoor to receive France’s highest civilian award
•Senior Congress leader Shashi Tharoor, set to be conferred with France’s highest civilian award Chevalier de la Legion d’Honneur. The French government is honouring him for his writings and speeches and the French Ambassador here Emmanuel Lenain has written to Tharoor informing him about the award. In 2010, Tharoor had received a similar honour from the Spanish government, when the King of Spain had bestowed upon him the Encomienda de la Real Order Espanola de Carlos III.
9) Rishabh Pant appointed as the State Brand Ambassador of Uttarakhand
•Uttarakhand government has appointed wicketkeeper-batter Rishabh Pant as the ‘State Brand Ambassador’. Chief Minister of Uttarakhand Pushkar Singh Dhami congratulated Rishabh Pant and praised him as one of the best cricketers and idols of youth. Rishabh Pant’s most recent game was seen in India’s T20 series against New Zealand in which the Indian cricket team claimed the title of the series with a 3-0 victory.
The HINDU Notes – 12th August 2022
aditya
11:52
📰 What is the Criminal Procedure (Identification) Act, 2022?
How is the recent legislation different from the earlier Identification of Prisoners Act, 1920? What are the main concerns and oppositions against the Act?
•The Criminal Procedure (Identification) Act, 2022 provides legal sanction to law enforcement agencies for “taking measurements of convicts and other persons for the purposes of identification and investigation of criminal matters”. It came into effect from August 4.
•Over the years, the need to amend/update the Identification of Prisoners Act, 1920 has been voiced several times. In 1980, the 87th Report of the Law Commission of India undertook a review of this legislation and recommended several amendments.
•Multiple concerns have been raised about the new law. One of the main concerns is that unlike the Identification of Prisoners Act, 1920, the current law allows for “measurements” to be taken if a person has been convicted/arrested for any offence, including petty offences. The necessity of taking measurements of such persons for investigation of offences is unclear and will probably lead to overburdening of systems used for collection and storage of these “measurements”.
•The story so far: The Criminal Procedure (Identification) Act, 2022 provides legal sanction to law enforcement agencies for “taking measurements of convicts and other persons for the purposes of identification and investigation of criminal matters”. While the legislation was enacted earlier this year, the Ministry of Home Affairs notified it to come into effect from August 4, 2022. It also repeals the existing Identification of Prisoners Act, 1920.
What is the use of identification details in criminal trials?
•Measurements and photographs for identification have three main purposes. First, to establish the identity of the culprit against the person being arrested, second, to identify suspected repetition of similar offences by the same person and third, to establish a previous conviction.
What was the previous Identification of Prisoners Act, 1920?
•Even though the police has powers of arrest, mere arrest does not give them the right to search a person. The police requires legal sanction to search the person and collect evidence. These legal sanctions are designed so as to maintain a balance between the rights of an individual and the interests of society in prosecution and prevention of offences.
•The Identification of Prisoners Act, 1920 became a necessity when the recording of newer forms of evidence such as fingerprints, footprints and measurements started becoming more accurate and reliable.
•The Statement of Objectives and Reasons of the Identification of Prisoners Act, 1920 states that “the value of the scientific use of finger impressions and photographs as agents in the detection of crime and identification of criminals is well known”. It further goes on to state that although lack of legal sanction has not created problems before, there were increasing instances of prisoners refusing to allow their fingerprints or photographs to be recorded. Therefore, “to prevent such refusals in the future …[and] to place the taking of measurements etc which is a normal incident of police work in India, as elsewhere, on a regular footing” it was considered necessary to enact the Identification of Prisoners Act, 1920.
What was the need to replace this Act?
•Over the years, the need to amend/update the Identification of Prisoners Act, 1920 has been voiced several times. In 1980, the 87th Report of the Law Commission of India undertook a review of this legislation and recommended several amendments. This was done in the backdrop of the State of UP vs Ram Babu Misra case, where the Supreme Court had highlighted the need for amending this law. The first set of recommendations laid out the need to amend the Act to expand the scope of measurements to include “palm impressions”, “specimen of signature or writing” and “specimen of voice”. The second set of recommendations raised the need of allowing measurements to be taken for proceedings other than those under the Code of Criminal Procedure (CrPC).
•The Law Commission Report also notes that the need for an amendment is reflected by the numerous amendments made to the Act by several States. The Minister of Home Affairs, while laying the Criminal Procedure (Identification) Bill, 2022, in the Lok Sabha, observed that with advancements in forensics, there was a need to recognise more kinds of “measurements” that can be used by law enforcement agencies for investigation.
What are the main highlights and differences in both the legislations?
•Like the Identification of Prisoners Act, 1920, the new Criminal Procedure (Identification) Act, 2022 provides for legal sanction to law enforcement agencies for the collection of measurements. The purpose is to create a useable database of these measurements. While at the State level, each State is required to notify an appropriate agency to collect and preserve this database of measurements, at the national level, the National Crime Records Bureau (NCRB) is the designated agency to manage, process, share and disseminate the records collected at the State level.
What are some of the concerns with the present legislation?
•Since the Identification of Prisoners Act, 1920 was a colonial legislation, its duplication in the Criminal Procedure (Identification) Act, 2022, a post-independence legislation has raised some concerns related to the protection of fundamental rights.
•The legislation comes in the backdrop of the right to privacy being recognised as a fundamental right. A fundamental facet of the right to privacy is protection from the invasion of one’s physical privacy. As per the Puttaswamy judgment, for a privacy intrusive measure to be constitutional, there is a need for the measure to be taken in pursuance of a legitimate aim of the state, be backed by the law and be “necessary and proportionate” to the aim being sought to be achieved. In this case, while the first two tests are satisfied, as “prevention and investigation of crime” is a legitimate aim of the state and “measurements” are being taken under a valid legislation, the satisfaction of the third test of necessity and proportionality has been challenged on multiple counts.
•First, while the need for expansion of the “measurements” that can be taken is well justified, the inclusion of derivative data such as “analysis” and “behavioural attributes” have raised concerns that data processing may go beyond recording of core “measurements”. That is some of these measurements could be processed for predictive policing. While this is a legitimate concern, and purposes for which the “measurements” can be processed need to be better defined, merely recording core measurements without conducting the required forensics on them would severely limit the usability of these “measurements”.
•Second, unlike the Identification of Prisoners Act, 1920 which provided that “measurements” will be taken for those either convicted or arrested for offences that entail imprisonment of one year or upwards, the current law allows for “measurements” to be taken if a person has been convicted/arrested for any offence, including petty offences. The necessity of taking measurements of such persons for investigation of offences is unclear, and such discretion is likely to result in abuse of the law at lower levels and overburdening of the systems used for collection and storage of these “measurements”. Given that these records will be stored for 75 years from the time of collection, the law has been criticised as being disproportionate.
•It needs to be noted here that the new legislation allows that a person who has been arrested for an offence that is punishable by less than seven years of imprisonment, and is not an offence against women and children, “may not be obliged to allow taking of his biological samples”. This is definitely an improvement over the earlier law which did not allow for any such refusal. It also helps allay concerns of disproportionate collection. However, given the option to not submit for “measurements” is limited to biological samples and is available at the discretion of the police officer, this exception provides restricted relief.
•Another worry expressed by experts is that such collection can also result in mass surveillance, with the database under this law being combined with other databases such as those of the Crime and Criminal Tracking Network and Systems (CCTNS).
•Lastly, concerns are being raised that the present law violates the right against self-incrimination enshrined in Article 20(3) of the Constitution of India. However, this argument is nebulous since the Supreme Court has already settled this point. In the State of Bombay vs Kathi Kalu Oghad, the Supreme Court had conclusively held that “non-communicative” evidence i.e. evidence which does not convey information within the personal knowledge of the accused cannot be understood to be leading to self-incrimination. Therefore, no challenge lies to the law on this ground.
What is the way ahead?
•The Opposition has raised objections to a law of such import not being submitted for public consultation or referred to parliamentary standing committees, as was done for the DNA Technology (Use and Application) Regulation Bill, 2019 which has benefited from such scrutiny.
•The Central government has responded to the criticisms of the law stating that privacy and data protection related concerns will be addressed in the Rules formulated under the legislation and through model Prison Manuals that States can refer to.
•The immediate future of this law is unclear. A writ petition has been filed challenging the constitutionality of the law before the Delhi High Court. The court has issued notice to the Central government for filing a reply.
📰 Guillermo Rios is new leader of UNMOGIP
