EDITORIALS & ARTICLES

November 13, 2023 Current Affairs

What does the proposed legislation to overhaul criminal justice system mean?

  • A significant change is the introduction of new offences that were absent in the IPC like acts endangering sovereignty, organised crime, terrorism offences, mob lynching, sexual intercourse by deceitful means/ false promise to marry.
  • But the manner in which the offences are drafted continue to perpetuate the problem of vague criminal law provisions that exacerbate the risk of arbitrary arrests.
  • It should be noted that certain problematic IPC provisions do not find place in the Bharatiya Nyaya Sanhita (BNS) Bill, 2023. There are no provisions similar to s. 377 (unnatural offences) and s. 309 (attempt to suicide).
  • Sedition as an offence is not present, but the introduction of “acts endangering sovereignty” as an offence is perhaps the most draconian provision in these Bills. Not only is the provision vague, the manner in which it criminalises certain actions is bound to give the police unchecked powers of arrest.
  • In the Bharatiya Nagarik Suraksha Sanhita, 2023 (that seeks to replace the Criminal Procedure Code), the period during which an arrested person can be sent to police custody has been expanded.
  • Like in the CrPC, an arrested person can be sent to police custody for a maximum of 15 days after the date of arrest, but in the proposed law these 15 days of police custody can be spread over a 60- or 90-day period depending on the offence.
  • However, the Nagarik Suraksha Bill has significant improvements for the rights of victims — perhaps the most important of those is the provision allowing registration of FIR in any police station irrespective of where the offence was committed.
  • The provision requiring mandatory video recording of search and seizure seeks to address fairness in police investigations. The Nagarik Suraksha Bill also seeks to plug an important gap by making it the responsibility of a prison superintendent to ensure that an application is made to the court to release undertrials who have completed half or one-third of their maximum possible sentence.

Need for modernization of India’s criminal justice system (CJS) in India:

Modernizing Jurisprudence

There is a need to reform the current criminal justice system to bring it in line with contemporary legal standards. Notably, Example: The introduction of community service as a punishment in the new bill reflects a shift towards a more reformative approach.

Aligning with Supreme Court Rulings

There is a need to reform CJS to align with the Supreme Court decisions, including the decriminalization of adultery and same-sex relations

Addressing Overlaps

There is a need to eliminate inconsistencies and duplications with specific laws, e.g., the removal of IPC provisions on weights and measures to avoid overlap with the Legal Metrology Act, 2009.

Updating Definitions

There is a need to replace the old definition in acts, to align it with new modern reality e.g., the new bill updates terminology, replacing ‘unsound mind’ with ‘mental illness’ in line with modern medical understanding (Mental Healthcare Act, 2017)

Ensuring Fairness and Efficiency

The overarching goal is to establish a criminal justice system that is fair, just, and efficient, addressing the evolving needs of modern society.

Seed preservation and storage among the Ao and Sümi Naga

Ao and Sümi Naga communities in Nagaland follow practices passed down through generations, preserving seeds from successful harvests for successive cycles.

Researchers visiting six villages in the state—the Ao Naga villages of Longmisa, Longkong and Wamaken and Sümi Naga villages of Shiyepu, Natha Old and Natha New—observed that traditional knowledge associated with seed storage and preservation has been orally passed from one generation to another and is a persistent characteristic in every aspect of cultivation.

Traditionally agrarian, the Ao and Sümi Naga communities practise jhum or shifting cultivation. Traditional jhum fields are of two kinds: in highlands, the soil is loosely condensed and glutinous, better suited for maize, taro, mustard crops, glutinous rice and long grain rice; and in lowlands, it is compact and more porous, suitable for beans, chili and leguminous crops.

A peek inside these granaries draws attention to an aeration tool (called tsükpongsemtsü in Ao) made of bamboo. Normally, three or four aeration tools are placed between threshed rice in the granaries, to ensure out-circulation of warm air that can be detrimental to the preservation of grains. The presence of sprouting rice stalks around this aeration tool is considered a symbol of abundance.

Ao Naga Community:

The Aos, a major Naga ethnic group in Nagaland’s Mokokchung District, refer to themselves as Aoer, meaning “those who came” from across the Dikhu River. They were the first Nagas to embrace Christianity, incorporating Western education. The Moatsü Festival is observed in early May after sowing, and the Tsüngremong Festival, the community’s largest, is celebrated right after the harvest.

Sumis

The Sümis are a major Naga ethnic group inhabiting the territories of Zünheboto District, parts of Niuland District and Kiphire District in the Northeast Indian state of Nagaland.

They are recognised as a Scheduled Tribe (STs). The ancestral religion of the Sümis was the worship of nature. Sümis are 99% Christians. Very few of them still practice animism. Tülüni (July 8) is a festival of great significance for the Sümis.

Digital Advertisement Policy, 2023

Highlights:

  • Digital Penetration and Media Shift: With increasing internet users and telecom subscribers, the policy responds to the shift in media consumption towards digital platforms.
  • Government Outreach: The policy enables the Central Bureau of Communication (CBC) to employ digital advertising for government initiatives, using digital media’s wide reach to efficiently convey citizen-centric messages.
  • Expansion Across Various PlatformsCBC will leverage digital audio platforms, Over-the-Top (OTT) services, video on demand, mobile apps, and social media for government advertising.
  • Transparency and Efficiency: The policy introduces competitive bidding for rate discovery, ensuring fair pricing and efficiency.
  • Enhanced Digital Outreach: Aligning with the current social media presence of various government departments, this policy amplifies the outreach of government schemes and initiatives through CBC’s extensive advertisement dissemination.
  • Adaptability and Stakeholder Engagement: The policy acknowledges the dynamic nature of the digital landscape and incorporates provisions to embrace new technologies and platforms

Central Bureau of Communication

The Central Bureau of Communication (CBC) is a unit of the Ministry of Information and Broadcasting. The CBC provides communication solutions to Ministries, Departments, Public Sector Undertakings (PSUs), and autonomous bodies. The CBC was set up on December 8, 2017 by integrating the following departments:

  • Directorate of Advertising and Visual Publicity (DAVP)
  • Directorate of Field Publicity (DFP)
  • Song & Drama Division (S&DD)

NHAI''s Use of Insurance Surety Bond in Monetisation Bid

  • This move aims to boost liquidity, encourage private participation in highway development, and promote the ‘Ease of Doing Business’.
  • The Insurance Surety Bonds, facilitated by NHAI in partnership with insurance companies, serve as a financial guarantee, underlining their significance in evolving the road infrastructure landscape.
  • This approach has received substantial traction, with over 40 such bonds issued for various NHAI contracts, signalling the potential for wider adoption.
  • The Ministry of Finance, Government of India has recognized e-BGs and Insurance Surety Bonds at par with Bank Guarantees, consolidating their role in government procurements

Surety Bonds

A surety bond is a legally binding contract that is a unique type of insurance. It is a three-party agreement that guarantees compliance, payment, or performance of an act.

A surety bond is a promise to be liable for the debt, default, or failure of another. The principal is the debtor, and the surety is the third person who becomes responsible for the payment of the obligation if the principal is unable to pay or perform. The principal remains primarily liable, whereas the surety is secondarily liable.

Surety bonds are used as an assurance that the issuer will pay any debts if the other party fails to do so. For example, surety bonds can be used as a substitute for bank guarantees in government procurement

White Holes — Carlo Rovelli takes us on a flight into space and time

  • These are considered the opposite of black holes and might generate new universes, a theoretical idea supported by the math

White Holes vs. Black Holes: White holes are akin to a movie running in reverse. Matter falling into a black hole, according to Rovelli, bounces back in the form of a white hole, predicted by quantum mechanics, and alters our understanding of space and time

  • Quantum Bounce Theory: Black holes potentially transition to white holes via a bounce. This theory suggests the possibility of a universe emerging from a white hole creating something similar to the Big Bang, implying we might be products of a “big bounce.”

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  • Concept of Time: Rovelli suggests that time isn’t uniform, as discovered through relativistic effects, where it passes differently for different observers. It’s a product of space-time, influenced by gravity and subject to quantum granular aspects.

  • Space-Time and Quantum Effects: The combination of quantum mechanics and gravity indicates that space-time might have granular aspects, influenced by what’s known as “time-steps” or atoms in space that are static entities shaping space itself.

A plan to join the Red Sea with Mediterranean

The Ben Gurion Canal Project is a theoretical proposal to cut a canal through Israel’s Negev Desert, creating an alternative route to the Suez Canal. Envisioned in the 1960s, it aimed to challenge Egypt’s monopoly on the shortest trade route between Europe and Asia.

However, the project faces immense challenges, including logistical complexities, high costs, a longer route, and security concerns in a region marked by ongoing military threats.

Suez Canal

It is an artificial sea-level waterway in Egypt (completed in 1869), connecting the Mediterranean Sea to the Red Sea through the Isthmus of Suez and dividing Africa and Asia. The 193 km long canal is a key trade route between Europe and Asia.

Ben Gurion

David Ben-Gurion (1886–1973) was Israel’s founding father and its first Prime Minister. He played a pivotal role in establishing the state of Israel in 1948







POSTED ON 13-11-2023 BY ADMIN
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