CAO Daily Editorial analysis for UPSC IAS 03-November, 2017

Current Affairs Only Daily Editorial Analysis for Competitive Exams


03 November, 2017

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Acting against torture {Social Justice}

(The Hindu)


Context

This article talks about Prevention of Torture Bill, 2017.

In news

The Law Commission of India in its 273rd report has proposed a new anti-torture law, the Prevention of Torture Bill, 2017.

Highlights

  • The proposed bill specifically looks to provide punishment for torture or other forms of cruel, inhuman and/or degrading treatment inflicted by public servants or any person acting under the consent of a public servant.
  • It provides a wide definition to torture not confined to physical pain but also includes “inflicting injury, either intentionally or involuntarily, or even an attempt to cause such an injury, which will include physical, mental or psychological”.
  • As per the draft, which is now in the public domain, the punishment for such offences could extend up to life imprisonment in addition to a fine.

Why was this new anti-torture law is proposed?

The commission, headed by a former Supreme Court Judge, has recognised that neither the Indian Penal Code nor the Code of Criminal Procedure has a separate provision for torture and hence the legislation submitted would act as a yardstick to recognise the same as a penal offence.

The government had referred this matter to the law commission after the apex court came down heavily on the government following a plea filed by lawyer Ashwini Upadhyay

Other updates in 275th report

  • The report also said that the Criminal Procedure Code, 1973, and the Indian Evidence Act, 1872, require amendments to accommodate provisions regarding compensation and burden of proof.
  • A new section 114B should be inserted to the Indian Evidence Act, 1872, added the report.
  • Section 114B would ensure that in case a person in police custody sustains injuries, it will be presumed that those injuries have been inflicted by the police, and the burden of proof shall lie on the authority concerned to explain such injury.

Criminal Procedure Code, 1973

Code of Criminal Procedure, 1973, in its basic form, is the main legislation on procedure for administration of criminal law in India. It describes the procedure for the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty.

Code of Criminal Law – Amendments may be a generic name either for legislation bearing that short title or for all legislation which amends

Classification of offenses under the Code

  1. Cognizable and Non-cognizable Offences

Cognizable offences are those offences for which a police officer may arrest without court mandated warrant in accordance with the first schedule of the code.

For non-cognizable cases the police officer may arrest only after being duly authorized by a warrant. Non-cognizable offences are, generally, relatively less serious offences than cognizable ones.

  1. Summons-Case and Warrant-Case

Under Section 204 of the code, a Magistrate taking cognizance of an offence is to issue summons for the attendance of the accused if the case is a summons case. If the case appears to be a warrant case, he may issue a warrant or summons, as he sees fit.

Evidence Act, 1872

he Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.

Importance

  • The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law.
  • Until then, the rules of evidences were based on the traditional legal systems of different social groups and communities of India and were different for different people depending on caste, community, faith and social position.
  • The Indian Evidence Act introduced a standard set of law applicable to all Indians.

Gathering the tribe {Art & Culture}

(The Hindu)


Context

  • One of the most talked about issues as far as the Northeast is concerned is the Naga struggle for sovereignty which started a day before India’s Independence.
  • In the Naga mind, this issue oscillates between nostalgia for its unique history and the promise of a better future without disturbing this irreplaceable past.

The problem with reality is that it does not allow us to romance the past.

Why in news?

The chairman of the National Socialist Council of Nagaland (I-M), Isak Chisi Swu, has passed away and Thuingaleng Muivah too is getting on in years.

The difficult path

The Naga people are a proud race and have held fast to their cultures, traditions and language. Yet it cannot be denied that tribal loyalty often comes in the way of a collective discourse for the future of Nagaland.

Perhaps one organisation that has brought together people from all tribes is the ACAUT (Against Corruption and Unabated Taxation), which is seemingly inclusive of all tribes and a mass movement of sorts to protest against taxation by different armed groups and factions.

The way forward

  • For the Naga people at this juncture, the most pragmatic step is to take a balanced view of the past.
  • With 16 major tribes, each with a sense of nationality of its own and every tribe having its village republics which is a crucial part of their culture, there will be divergent ‘national’ narratives.
  • Ethnic boundaries of yore which went beyond geopolitical borders of the present nation can be both problematic and defy pragmatism.

Naga peopleImage result for Nagas tribe infographics

  •  The Naga people are an ethnic group conglomerating of several tribes native to the North Eastern part of India and north-western Myanmar (Burma).
  • The tribes have similar cultures and traditions, and form the majority ethnic group in the Indian state of Nagaland, with significant population in Manipur, Arunachal Pradesh and in Assam
  • As of 2012, the state of Nagaland officially recognises 16 Naga tribes.
  • The State of Nagaland was formally recognised 1 December 1963, as the 16th State of the Indian Union. The State consists of eleven Administrative Districts, inhabited by 16 major tribes along with other sub-tribes. Each tribe is distinct in character in terms of customs, language and dress.

The Swachh marathon {Social issue}

(Indian Express)


 Context

This article deals with the progress report of Swachh Bharat Mission-Gramin (SBM-G)

The momentum and scale of the Swachh Bharat Mission-Gramin (SBM-G) is unprecedented.

The scale and complexity facing the SBM-G make it, we believe, more challenging than any other rural development programme in the world.

Progress report

  • 525.10 | Toilet Built (in Lakh)  | since 2nd Oct 2014
  • 32.19 % | increase in HHs with Toilet |  since 2nd Oct 2014
  • 1,27,17,673 | Toilet Built | in 2017-18
  • 227 | No. of ODF Districts | Self Declared
  • 1,18,577 |No. of ODF Gram Panchayats | Self Declared
  • 2,69,775 | No. of ODF Villages | Self Declared

 Current Issues

Three burning issues stood out

  • Technical realities and what people know.
  • Their beliefs and behaviour
  • Unfinished business, especially concerning those who are poorer, marginalised and left behind.

The preference for septic tanks remains deeply rooted and widespread. People believe they are better than the recommended more sustainable and economic twin pits because they are big and will take longer to fill, and, used sparingly, may even never have to be emptied.

Due to widespread ignorance of technical details, many septic tanks are not built according to the guidelines, and end up contaminating the environment and damaging public health.

Solution

Twin leach pits have much in their favour. For a few years, human waste flows to the first pit. Once full, it is left to become manure while new waste is diverted into a second pit. The first pit is emptied and the cycle starts again. This technology allows time for the waste to compost and become harmless, odourless and valuable fertiliser. 

Issue with this

However, rapid investigations found many people who had had twin pits constructed for them without any explanation of how they work. They lacked a sense of ownership and believed the pits would fill up fast

How can this be tackled?Image result for Swachh Bharat Mission (Gramin)

  • Empower people through knowledge. Few rural people are aware of technical details or convinced by the advantages of twin pits.
  • Partial usage of toilets, when some household members continue to defecate in the open, was confirmed to be widespread.

About SBM

  • To accelerate the efforts to achieve universal sanitation coverage and to put focus on sanitation, the Prime Minister of India launched the Swachh Bharat Mission on 2nd October, 2014.
  • The Mission Coordinator for SBM is Secretary, Ministry of Drinking Water and Sanitation (MDWS) with two Sub-Missions, the Swachh Bharat Mission (Gramin) and the Swachh Bharat Mission (Urban). Together, they aim to achieve Swachh Bharat by 2019, as a fitting tribute to Mahatma Gandhi on his 150th Birth Anniversary.
  • In Rural India, this would mean improving the levels of cleanliness through Solid and Liquid Waste Management activities and making villages Open Defecation Free (ODF), clean and sanitised.

VisionImage result for Swachh Bharat Mission (Gramin)

The aim of Swachh Bharat Mission (Gramin) is to achieve a clean and Open Defecation Free (ODF) India by 2nd October, 2019

Objectives

  • To bring about an improvement in the general quality of life in the rural areas, by promoting cleanliness, hygiene and eliminating open defecation.
  • To accelerate sanitation coverage in rural areas to achieve the vision of Swachh Bharat by 2nd October 2019.
  • To motivate communities to adopt sustainable sanitation practices and facilities through awareness creation and health education.
  • To encourage cost effective and appropriate technologies for ecologically safe and sustainable sanitation.
  • To develop, wherever required, community managed sanitation systems focusing on scientific Solid & Liquid Waste Management systems for overall cleanliness in the rural areas.
  • To create significant positive impact on gender and promote social inclusion by improving sanitation especially in marginalized communities

Can Bharatmala revive India’s capex cycle and boost growth? {Infrastructure}

(LiveMint)


 The outlays under the Bharatmala project are not enough to provide a big boost to infrastructure construction.

Why in news?

Last week, the government relaunched the Bharatmala Pariyojana (BMP)—an initiative to add 35,000km of new highways (subsuming existing plans to add 10,000km of national highways) with an outlay of Rs5.35 trillion over the next five years—to raise investments in infrastructure, and boost economic growth.

 The road-building initiative was sorely needed but it does not represent acceleration in road-building, and is unlikely to provide a big boost to the capital expenditure cycle

Data from the Centre for Monitoring Indian Economy (CMIE)

  • Newly started road projects in the last five years (i.e., between 2012-13 and 2016-17) amounted to Rs6.55 trillion. Of this, Rs4.35 trillion was spent by the centre, which tends to focus mainly on national highways, with other roads being under the jurisdiction of states.
  •  Hence, the outlay on highways envisaged over the next five years, i.e. Rs6.92 trillion, does not appear to be a big jump
  • Even when viewed in terms of road length, the proposals do not amount to a significant increase. The central government aims to build around 35,000km of new highways over the next five years; 24,800km under Bharatmala, and the rest under the existing NHDP program.

Centre for Monitoring Indian Economy (CMIE)

CMIE, or Centre for Monitoring Indian Economy, is a leading business information company. It was established in 1976, primarily as an independent think tank.

Today, CMIE has a presence over the entire information food-chain – from large scale primary data collection and information product development through analytics and forecasting.

Function

  • It provides services to the entire spectrum of business information consumers including governments, academia, financial markets, business enterprises, professionals and media.
  • CMIE produces economic and business databases and develops specialised analytical tools to deliver these to its customers for decision making and for research. It analyses the data to decipher trends in the economy.

 

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