DAILY CURRENT AFFAIRS IAS | UPSC Prelims and Mains Exam – 12th May 2022

Open in new window

Syllabus

• Prelims – Polity
• Mains – GS 1 (Issues relating to women, social empowerment; GS 2 (Mechanisms, Laws, Institutions and Bodies constituted for the Protection and Betterment of these Vulnerable Sections)

In News: A two-judge Bench of the Delhi High Court has delivered a split verdict in a batch of petitions challenging the exception provided to marital rape in the Indian Penal Code

• The court was hearing a clutch of four petitions challenging the constitutionality of the exception to Section 375
• While one judge held that the exception under Section 375 of the IPC is unconstitutional, the other judge held that the provision is valid

What is the marital rape exemption?

• Section 375 defines rape and lists seven notions of consent which, if vitiated (violated), would constitute the offence of rape by a man.
• The provision contains a crucial exemption: “Sexual intercourse by a man with his own wife, the wife not being under eighteen years of age, is not rape.”
• This exemption essentially allows a marital right to a husband who can with legal sanction exercise his right to consensual or non-consensual sex with his wife.

What happens when there is a spilt verdict?

• In case of a split verdict, the case is heard by a larger Bench.
• The larger Bench to which a split verdict goes can be a three-judge Bench of the High Court, or an appeal can be preferred before the Supreme Court.

Arguments for criminalizing Marital Rape

• A marriage should not be viewed as a license for a husband to forcibly rape his wife with impunity.
• The doctrine of Coverture: The marital exception to the IPC’s definition of rape was drafted based on Victorian patriarchal norms
• The doctrine of Coverture – It did not allow married women to own property, and merged the identities of husband and wife
• Against Basic Rights of Women – Indian women deserve to be treated equally under Article 14
• Bodily Integrity is intrinsic to Article 21: A woman is entitled to refuse sexual relations with her husband as the right to bodily integrity and privacy is an intrinsic part of Article 21 of the Constitution
• The Justice Verma committee set up in the Nirbhaya gang-rape case and the UN Committee on Elimination of Discrimination Against Women (CEDAW) in 2013 had recommended that the Indian government should criminalize marital rape
• Rape is rape, irrespective of the identity of the perpetrator, and the age of the survivor.

Arguments against criminalizing Marital Rape

• Destabilize marriage as an institution – It will create anarchy in families and destabilize the institution of marriage
• Misuse of law – It may become an easy tool for harassing the husbands by misusing the law similar to misuse of Section 498A (harassment caused to a married woman by her husband and in-laws) of IPC and the Protection of Women from Domestic Violence Act, 2005.
• Diversity in Cultures of the states – Criminal law is in the Concurrent List and implemented by the states and there is a vast diversity in the cultures of these states

Way forward

• The legislature should take cognizance of this legal infirmity and bring marital rape within the purview of rape laws by eliminating Section 375 (Exception) of IPC
• Adopt multi-stakeholder approach while deciding the sentencing
• Bringing behavioral changes awareness campaigns sensitizing the public regarding the importance of consent, medical care and rehabilitation

Previous Year Questions (PYQs)

Q.1) International Labour Organization’s Conventions 138 and 182 are related to? (2018)

1. Child Labour
2. Adaptation of agricultural practices to global climate change
3. Regulation of food prices and food security
4. Gender parity at the workplace

Source: The Hindu & Indian Express

Open in new window

Syllabus

• Prelims – Polity
• Mains – GS 2 (Development Processes and the Development Industry — the Role of NGOs, SHGs, various groups and associations, donors, charities, institutional and other stakeholders; Important Aspects of Governance, Transparency and Accountability)

In News: Recently, CBI has arrested officials of FCRA division of Ministry of Home Affairs on the charge of corruption

The officials were charged for allegedly helping NGOs get Foreign Contribution Regulation Act (FCRA) clearance illegally.

Foreign Contribution (Regulation) Act (FCRA), 2010

• Foreign funding of voluntary organizations in India is regulated under FCRA act which is implemented by the Ministry of Home Affairs.
• The Acts ensures that the recipients of foreign contributions adhere to the stated purpose for which such contribution has been obtained.
• Under the Act, organizations are required to register themselves every five years.
• Registered NGOs can receive foreign contributions for five purposes: Social, educational, religious, economic and cultural.

Foreign Contribution (Regulation) Amendment Act, 2020:

• Prohibition to accept foreign contribution: The Act bars public servants from receiving foreign contributions.
• Public servant includes any person who is in service or paid by the government, or remunerated by the government for the performance of any public duty.
• Transfer of foreign contribution: The Act prohibits the transfer of foreign contribution to any other person not registered to accept foreign contributions.
• Aadhaar for registration: The Act makes Aadhaar number mandatory for all office bearers, directors or key functionaries of a person receiving foreign contribution, as an identification document.
• FCRA account: The Act states that foreign contributions must be received only in an account designated by the bank as FCRA account in such branches of the State Bank of India, New Delhi.
• Reduction in use of foreign contribution for administrative purposes: The Act proposes that not more than 20% of the total foreign funds received could be defrayed for administrative expenses. In FCRA 2010 the limit was 50%.
• Surrender of certificate: The Act allows the central government to permit a person to surrender their registration certificate
• If an NGO fails to comply with the above mentioned criteria its license will not be renewed by MHA
• Recently the Union Ministry of Home Affairs (MHA) has cancelled the Foreign Contribution (Regulation) Act (FCRA), 2010 registration of various non-governmental organizations (NGOs) that are non compliant with the rules

Previous Year Questions (PYQs)

Q.1) At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006? (2021)

1. Ministry of Environment, Forest and Climate Change
2. Ministry of Panchayati Raj
3. Ministry of Rural Development
4. Ministry of Tribal Affairs

Source: Indian Express

Open in new window

Syllabus

• Prelims – (Polity – Current Affairs (Important Committees, recommendations etc))
• Mains – GS 2 (Structure, organization and functioning of the Executive; Issues and challenges pertaining to the federal structure; Government policies and interventions for development in various sectors and issues arising out of their design and implementation)

Police Reforms

Police reforms aim to transform the values, culture, policies and practices of police organizations.

Constitutional provisions:

• Police is an exclusive subject under the State List (List II, Schedule 7 of the Constitution).
• The present Indian police system is largely based on the Police Act of 1861.
• After independence, some states came out with their own police acts, for example, the Kerala police act 1960, Delhi police act 1978.

Issues with Police System in India

Colonial Law

• The Police Act of 1861 was legislated by the British right after the revolt of 1857 to bring in efficient administration of police in the country and to prevent any future revolts

Huge vacancies

• While the sanctioned police strength was 181 police per lakh persons in 2016, the actual strength was 137police.
• This is way too low when compared with the United Nations’ recommended standard of 222 police per lakh persons.

Police Infrastructure

• Modern policing requires strong communication support, state-of the-art or modern weapons, and a high degree of mobility.
• CAG audit reports of year 2015-16, have found shortages in weaponry with state police forces.

Accountability to the Political Executives vs. Operational Freedom

• The Second ARC has noted that political control has been abused in the past by the political executive to unduly influence police personnel

Psychological Pressure

• Abused by their superiors
• Inhuman work conditions
• Worries about pay scale, promotions etc
• Constabulary Related Issues: The constabulary constitutes 86% of the State police forces and has wide-ranging responsibilities
• Constables hired in the class 4 category are expected to use modern scientific technology without proper administration of training.

Reforms – Taken and suggested

• The police reforms were introduced in the pre-independence era by the British government in 1902-1903.
• After independence, in 1977, the Indian government set up a committee “National Police Commission”. This was the first committee at the national level set up by the Indian government to report on policing.
• The NPC suggested wide range of reforms like Model Police Act etc

Supreme Court

• In a landmark judgment, Prakash Singh Case, the Supreme Court in 2006 had directed all States and Union Territories to bring in police reforms.
• In this judgment, the Supreme Court directed States and Union Territories to comply with seven binding directives which would kick-start the reforms.
• Post-2006: Supreme Court created Justice Thomas Committee to review the seven directives.

• Justice J.S. Verma committee was constituted to recommend amendments to the criminal law also recommended certain steps to reform the police, which include the establishment of the State Security Commission to ensure that the state government does not influence the state police
• NITI Aayog suggested – States should be encouraged, with fiscal incentives, to introduce ‘The Model Police Act of 2015’ as it modernizes the mandate of the police.
• NITI Aayog also suggested administrative and operational reform outsourcing non core functions etc

Way forward

• Modernization of Police Forces like – procurement of modern weapons, providing logistics support, up gradation of police wireless etc
• Implementation of SC directives given in Prakash Singh case (2006)
• Revamping Criminal Justice System by implementation recommendations of Menon and Malimath Committees

Previous Year Questions (PYQs)

Q.1) With reference to the Union Government, consider the following statements: (2021)

1. Gopalaswamy Iyengar Committee suggested that a minister and a secretary be designated solely for pursuing the subject of administrative reform and promoting it.
2. In 1970, the Department of Personnel was constituted on the recommendation of the Administrative Reforms Commission, 1966, and this was placed under the Prime Minister’s charge.

Select the correct code:

1. 1 Only
2. 2 Only
3. Both 1 and 2
4. Neither 1 nor 2

Q.2) Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?

1. First Administrative Reforms Commission (1966)
2. Rajamannar Committee(1969)
3. Sarkaria Commission (1983)
4. National Commission to Review the Working of the Constitution(2000)

Source: Indian Express

Syllabus

• GS-2: Government policies and interventions for development in various sectors and issues arising out of their design and implementation
• GS-2: Rights

Why in News: Recently, a three-judge bench of the Supreme Court upheld the constitutional validity of the 2020 Amendment to the Foreign Contribution (Regulation) Act, 2010 [FCRA, 2010].

Read Complete Details on Foreign Contribution Regulation Act (FCRA) – CLICK HERE