AFINDEX-19                                                                                                                                                

3rd Indo-Japan Workshop on Disaster Risk Reduction                                                                        

International Workshop on Disaster Resilient Infrastructure                                                              

Plea challenges extension of 77th, 103rd amendments to J&K                                                            

Mizoram Assembly passes Bill to detect illegal foreigners                                                                  

Life imprisonment is the rule, death penalty the exception: SC                                                           

‘Govt.’s prerogative to frame schemes’                                                                                                   

Lokpal, at last [ Editorial / Opinion]                                                                                                          

The death penalty: a fatal margin of error [ Editorial / Opinion ]                                                         

 

AFINDEX-19

GS PAPER - 02 INTERNATIONAL RELATIONS - Bilateral, regional and global groupings and agreements involving India and/or affecting India's interests

Context :

      ✦ Africa-India Field Training Exercise-2019 for India and African nations called AFINDEX-19 started at Aundh Military Station, Pune.

Aim and Objective :

      ✦ The aim of the exercise is to practice the participating nations in planning and conduct of Humanitarian Mine Assistance and Peace Keeping Operations under Chapter VII of United Nations Peace Keeping Operations.

      ✦ The exercise will focus on exchange of best practices between the participating nations, team building and tactical level operations in conduct of United Nations mandated tasks to include establishment of a new mission, siting of a United Nations Headquarters for Peace Keeping operations, siting of Military Observer sites during the peace keeping missions, protection of civilians, nuances of standing combat deployment, convoy protection, patrolling aspects and aspects related to Humanitarian Mine Assistance.

                                                                                                                                                                   Source :- PIB

3rd Indo-Japan Workshop on Disaster Risk Reduction

GS PAPER - 03 DISASTER - Disaster and disaster management.

Context :

      ✦ The 3rd Indo-Japan Workshop on Disaster Risk Reduction was held at New Delhi.

More about the news:

      ✦ The workshop was attended by delegates from Japan and India including experts from both the governments, top premium research institutes, city administrators, specialized Disaster Management agencies and private sector.

      ✦ The Government of India and the Government of Japan had signed a Memorandum of Cooperation (MoC) in the field of Disaster Risk Reduction (DRR) in September 2017.

Objective :

      ✦ Enhancing collaboration between research institutes, cities and the private sector in the field of Disaster Risk Reduction.

                                                                                                                                                                     Source :- PIB

International Workshop on Disaster Resilient Infrastructure

GS PAPER  - 02 INTERNATIONAL RELATIONS - Disaster and disaster management.

Context :

      ✦ The Two day  International Workshop on Disaster Resilient Infrastructure (IWDRI) is the workshop organised by the National Disaster Management Authority (NDMA) in collaboration with United Nations Office for Disaster Risk Reduction (UNISDR), and in partnership with the Global Commission on Adaptation, United Nations Development Programme and the World Bank.

Aim :

      ✦ Identify good practices of disaster risk management in key infrastructure sectors,

      ✦ identify specific areas and pathways for collaborative research on DRI (Transport, Energy, Telecom and Water),

      ✦ Discuss and co-create the broad contours of the Coalition for Disaster Resilient Infrastructure (CDRI) as well as a notional roll-out plan for the next three years, and

      ✦ Build a forum for members to work on areas of common interest and make specific commitments.

Sendai Framework for Disaster Risk Reduction  :

      ✦ Various international agreements have also reiterated the importance and long-term benefits of investing in resilient infrastructure.

      ✦ The Sendai Framework for Disaster Risk Reduction (SFDRR), 2015-2030, which is the first major agreement of the post-2015 development agenda, identifies investing in Disaster Risk Reduction (DRR) for resilience and to build back better in reconstruction as priorities for action towards reducing disaster risk.

Sustainable Development Goal - 9 :

      ✦ Goal 9 of the Sustainable Development Goals (SDGs) recognizes disaster resilient infrastructure as a crucial driver of economic growth and development.

                                                                                                                                               Source :- PIB

Plea challenges extension of 77th, 103rd amendments to J&K

GS PAPER - 02 POLITY - Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Context :

      ✦ A petition was Monday filed in the Jammu and Kashmir High Court challenging the extension of 77th and 103rd amendments of the Indian Constitution to the state through a presidential order earlier this month.

What does the Petition says?

      ✦ The petition states that the Constitution of India cannot be applied to Jammu and Kashmir in the absence of a council of ministers.

      ✦ Governor does not have the power to give any concurrence to the application of any part of Constitution of India to the State of J&K and

      ✦ The President of India,after having issued Article 370 of the Constitution of India to J&K,has no power to amend J&K Reservation Act,2004,which is a State Act.

      ✦ They pleaded that, There was hardly any need to apply 77th and 103rd constitutional amendment to the State. Similarly, there was no emergent situation to issue J&K Reservation (Amendment) Ordinance, 2019.

      ✦ The timing of these amendments especially when the State was in war-like situation, makes the entire exercise suspect

      ✦ The impugned Constitutional (Application to Jammu and Kashmir) Order, 2019 and J&K Reservation (Amendment) Ordinance, 2019, having thus been conceived in fraud and delivered in deceit are, therefore, liable to be struck down to maintain the unique constitutional position of Jammu and Kashmir, the petitioners pleaded.

                                                                                                                                                              Source :- The Hindu

Mizoram Assembly passes Bill to detect illegal foreigners

GS PAPER - 01 SOCIETY - Population and Associated Issues

Context :

      ✦ The Mizoram Assembly Monday unanimously passed a bill that seeks to detect foreigners illegally residing in the northeastern state, that shares an over 700-km border with Bangladesh and Myanmar.

Need :

      ✦ The influx of foreigners into the state through its porous borders has remained a serious concern for several decades.

      ✦ Such influx had resulted in abnormal increase in the population which posed a serious threat to law and order as well as the state's internal security

      ✦ Even the Supreme Court has expressed concern over such continuous influx of foreigners and their assimilation in the mainstream and it was felt imperative by the state to invoke its legislative powers to enact a suitable law

      ✦ It is, therefore, a strongly felt necessity to develop a comprehensive database in respect of all the residents of Mizoram - whether in villages or in towns and whether permanent or temporary and to ensure its updation and maintenance

      ✦ The update is required for improvement of the system of delivery of benefits of welfare schemes as well for security purposes, by way of enumerations and verification from time to time.

 

Mizoram Maintenance of Household Registers Bill, 2019:

      ✦ It defines “citizens” as a person registered as such, or having requisite qualification as prescribed under the Citizenship Act, 1955

      ✦ The household register will be maintained by designated officials as well as village councils, municipal bodies and town committees.

      ✦ The registers which will be updated every three months will have two categories,

      ✦ one for citizen residents and

      ✦ One for non-citizen residents of the village.

      ✦ The measures proposed under the legislation are intended to provide credible individual identification system and to prevent “usurpation” of benefits of developmental schemes by those who are not entitled

      ✦ This will develop a comprehensive database in respect of all the residents of Mizoram — whether in villages or in towns and whether permanent or temporary — and will ensure its updation and maintenance.

                                                                                                                                                             Source :- The Hindu

Life imprisonment is the rule, death penalty the exception: SC

GS PAPER - 02 POLITY - Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Context :

      ✦ If a court finds it difficult to make a choice between death penalty and life imprisonment, it should opt for the lesser punishment, the Supreme Court said in a recent judgment.

      ✦ The death sentence must be imposed only when life imprisonment appears to be an altogether inappropriate punishment, having regard to the relevant facts and circumstances of the crime

Background :

      ✦ The judgment was based on an appeal filed by a man sentenced to death for the rape and murder of a five-year-old in Madhya Pradesh. He had promised her family to drop her at school where his own daughter was studying, but the victim did not return home that day. The school authorities informed the parents about the absence of the child. Her body was found in a well.

      ✦ Both the trial and high courts concluded the man, Sachin Kumar Singhraha, deserves death.

SC Verdict :

      ✦ Writing the judgment for the Bench, Justice Shantanagoudar agreed the man has indeed committed a horrifying crime. It was both heinous and premeditated.

      ✦ He had gained the trust of the victim’s family on a false pretext. His intention was to gain custody of the child. By this, he had not only abused the faith reposed in him but also “exploited the innocence and helplessness of a child as young as five years of age.”

      ✦ At the same time, Justice Shantanagoudar said there is a probability that the man would reform, considering he never had prior criminal record.

      ✦ The court also kept in mind his “overall conduct”.

      ✦ The crime in question may not fall under the category of cases where the death sentence is necessarily to be imposed

      ✦ SC ordered, the convict to serve his life imprisonment with a minimum of 25 years’ imprisonment without remission.

                                                                                                                                                              Source :- The Hindu

‘Govt.’s prerogative to frame schemes’

GS PAPER - 02 POLITY - Separation of powers between various organs dispute redressal mechanisms and institutions.

Context :

      ✦ It is the sole prerogative of the government to frame schemes and courts should stay out of governance, the Supreme Court has said in a judgment.

Background :

      ✦ SC has criticised the Uttarakhand High Court for framing a scheme to regularize hundreds of casual workers engaged by the Border Roads Organisation (BRO) in the construction of roads for Char Dham Yatra pilgrimage.

SC Directions :

      ✦ It is not the function of the courts to frame any scheme but it is the sole prerogative of the government to do it.

      ✦ All that the High Court, in exercise of its extraordinary power under Article 226 of the Constitution, can do is to direct the government to consider framing an appropriate scheme.

      ✦ Such directions to the government to consider framing a scheme should be with regard to the facts and circumstances of each case.

      ✦ It is only in exceptional cases when the court considers it proper, should it issue appropriate mandatory directions, the Supreme Court held.

                                                                                                                                                              Source :- The Hindu

Lokpal, at last [ Editorial / Opinion]

GS PAPER - 02 GOVERNANCE - Important aspects of governance, transparency & accountability

Context :

      ✦ The selection of Justice P.C. Ghose as the first Lokpal has come after an unjustified delay of five years. Nevertheless, it ought to be welcomed as a milestone in the cause of fighting corruption in high places.

Background :

      ✦ The concept of an institutional mechanism, or an anti-corruption ombudsman, has been around for over 50 years.

      ✦ It was finally enacted as a law in 2013, and came into effect on January 16, 2014.

      ✦ Some of the credit for driving this legislation must be given to Anna Hazare’s movement against what many saw as unreasonable levels of corruption under the previous UPA regime.

Delay in Implementation :

      ✦ Barring a report by the Standing Committee of Parliament and a couple of amendments passed in 2016 on the declaration of assets by public servants, there has been very little progress.

      ✦ At one point, the government’s lack of political will to establish a Lokpal became obvious, leading to the Supreme Court repeatedly asking it to show progress in its efforts.

      ✦ Ultimately, it was the court’s stern ultimatum to appoint a Lokpal within a timeframe that worked.

      ✦ The government had initially taken the position that it was awaiting the passage of amendments based on the parliamentary committee report.

      ✦ One amendment pertained to including the leader of the largest party in the Opposition in the selection committee, in the absence of a recognised Leader of the Opposition.

      ✦ In a verdict in April 2017, the Supreme Court rejected the excuse and said there was no legal bar on the selection committee moving ahead even if there was a vacancy.

      ✦ It is not clear why this simple amendment, carried out in respect of selection committees for the posts of CBI Director and Chief Information Commissioner, was not made in the Lokpal Act.

      ✦ The Congress leader in the Lok Sabha,  did not want to attend selection committee meetings as a ‘special invitee’ and wanted full membership.

Appointment System :

      ✦ The appointment system is quite long, a two-stage process.

      ✦ A search committee has to be formed.

      ✦ It recommends a panel of names to the high-power selection committee, which comprises the Prime Minister, the Speaker of the Lok Sabha, the Leader of the Opposition, the Chief Justice of India (or his nominee) and an eminent jurist.

      ✦ The selection panel has to choose from a short-list consisting of names for the posts of Lokpal chairperson, and judicial and non-judicial members.

Conclusion :

      ✦ Now that the Lokpal has been chosen, victims of corruption have a viable avenue of redress.

      ✦ The Lokpal will take over the work of sanctioning prosecution, besides exercising its power to order preliminary inquiries and full-fledged investigations by any agency, including the CBI.

      ✦ Finally, it may be unrealistic to expect any dramatic impact on the lives of the common people, but the Lokpal and other members have a historic responsibility to live up to popular expectations

                                                                                                                                          Source :- The Hindu

The death penalty: a fatal margin of error [ Editorial / Opinion ]

GS PAPER - 02 polity - Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure

Context :

      ✦ SC found Khushwinder Singh guilty and befitting of the death sentence (Khushwinder Singh v. State of Punjab).

      ✦ The last time the death penalty was upheld by the Supreme Court was in July 2018 in the Delhi gang rape case.

      ✦ Since then, the court has acquitted 10 death row prisoners and reduced the sentence to life imprisonment of 23 others.

A Contrasting perspective :

      ✦ Experts point out that Singh’s death sentence stands in contrast to nine cases decided by three-judge benches headed by Justice Sikri since November 2018 which resulted in six commutations to life imprisonment and eight acquittals.

      ✦ In these judgments, the duty of the court to conduct an effective sentencing hearing was emphasised and factors such as good conduct in custody, education, age, social, emotional and mental condition of the offender, and the possibility of reform were highlighted as relevant considerations in the sentencing scheme.

      ✦ However, some critics have pointed out that none of these factors appear to have been considered for Singh. As a matter of fact, the judgment declares at the outset that Singh’s lawyer “is not in a position to point out any mitigating circumstance”.

      ✦ Without commenting on the effect of that deficiency on the quality of the sentencing exercise being carried out by the court, it erroneously relies only on the pre-planned nature of the crime, its brutality and the number of victims to impose the death sentence. Grounds relating to the criminal such as his conduct in prison, his socio-economic and educational backgrounds, or the probability of reformation receive no comment from the court.

      ✦ In late 2018, another three-judge bench of the Supreme Court reversed its own finding in A. Antony v. State of Kerala, involving the murder of six relatives of the accused. The court chose to commute the death penalty factoring the ‘lack of evidence’ to show that the convict was a hardened criminal or that he was beyond reform.

      ✦ Experts point out that the similarities in the nature of the crime between the cases of Singh and Antony is unfortunate and uncannily similar.

      ✦ In both cases, six family members lost their lives, including two children. The motive in both, according to the prosecution, was money and the victims were close relatives. Both convicts were middle-aged men with families of their own.

      ✦ While in Antony’s case, his socio-economic conditions and lack of criminal antecedents were considered by the court in deciding that there was a probability of his reformation, in Singh’s judgment, critics have pointed out that there is a complete silence on this aspect, providing yet another instance of the arbitrary imposition of the death penalty.

Eliciting information :

      ✦ The irreversibility of the death penalty has fundamentally affected the jurisprudence around it.

      ✦ It is commonly accepted that a judge in adversarial proceedings cannot go on a

      ✦ ‘truth searching exploration’ beyond what is presented.

      ✦ Yet, death penalty jurisprudence is rife with examples where duty has been placed upon the courts to elicit information relating to the question of sentence, even if none is adduced before it.

      ✦ Justice K.S. Radhakrishnan’s judgment in Ajay Pandit v. State of Maharashtra (2012), held that the court has a ‘duty and obligation’ to elicit relevant facts even if the accused was totally silent in such situations.

      ✦ Unlike Khushwinder Singh’s case, in the past few months the Supreme Court has rightly considered evidence about the criminal by calling for medical records, reports of prison conduct, including poetry written by a convict post-incarceration to ascertain the appropriate sentence. This was not attempted in Singh’s case.

      ✦ At the core of the arbitrariness in death penalty sentencing is the inconsistent approach to mitigating factors.

      ✦ The Supreme Court has, unfortunately, not developed any requirements that guide the collection, presentation and consideration of mitigating factors.

      ✦ Any mitigating factors are presented on behalf of death row prisoners; if they are, they are of poor quality.

      ✦ Judges are often left only with information concerning the crime to determine the punishment. And, undoubtedly, Singh is a victim of this.

      ✦ He ended up being defined only by his crime with no other information about his life coming up before the judges.

Conclusion :

      ✦ Gradual abolition of the death penalty requires serious introspection from the court and the body politic.

      ✦ Our institutions may persist with attempts to ‘tinker with the machinery of death’ until there is a collective realisation that the death penalty is untenable in a fair criminal justice system.

      ✦ Till such time, the setting of established benchmarks for practice, and a system of oversight are necessary to ensure that the quality of legal representation does not become the difference between a sentence of life and death.

                                                                                                                                                        Source :- The Hindu​

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