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Extending “heartfelt condolences” to victims of the floods in Pakistan, Prime Minister Narendra Modi said he was saddened by the situation, in a rare outreach to the neighbouring country on a day Pakistan’s Finance Minister said he could consider reopening trade routes with India.
Meanwhile, External Affairs Minister S. Jaishankar pitched for more regional trade and for India’s role in helping the neighourhood to be more “generous” and “non-reciprocal” as it was in Sri Lanka.
Saddened to see the devastation caused by the floods in Pakistan. We extend our heartfelt condolences to the families of the victims, the injured and all those affected by this natural calamity and hope for an early restoration of normalcy,” Mr. Modi said in a tweet in the evening.
Both Mr. Modi and Pakistan Prime Minister Shehbaz Sharif are expected to attend the SCO summit due to be held at Samarkand in Uzbekistan on September 15-16.
The MEA did not respond to questions about whether the Prime Minister’s message indicated that New Delhi was already in touch with Islamabad over the flooding crisis, in which more than 1,100 people have died. Ministers in Pakistan have said that nearly a third of the country was “under water” due to the incessant rain.
Pakistan had so far not requested aid from India, nor had it been offered.However, speaking to the media in Islamabad, Pakistan’s Finance Minister Miftah Ismail said that given the extent of the calamity, the Pakistani government could consider reversing its three-year-old ban on trade with India, and open trade routes for vegetables and other essential commodities.
We will open duty-free import, make it easier and I also want to say that we will consider importing through the land border with India because these prices [of vegetables] are not sustainable,” Mr. Ismail said, according to the Pakistani media, in response to questions about the destruction of standing crops across the country.
The previous Imran Khan government had cancelled all trade ties with India to protest against the reorganisation of Jammu and Kashmir in August 2019, making only two exceptions during this period.
These were for the import of pharmaceutical products during the COVID-19 pandemic and for India to ship 50,000 tonnes of wheat as humanitarian aid to Afghanistan.
Mr. Khan had also abruptly aborted a plan to resume trading ties in 2021, after the Armies of India and Pakistan announced a ceasefire agreement.
Violent crimes in country back to pre-COVID levels (Page no. 1)
(GS Paper 2, Issues Related to development and Management of Social Sector)
Violent crimes such as rape, kidnapping, atrocities against children, and robberies registered across India increased in 2021, after the pandemic-related restrictions led to a decline in these severe offences in 2020. Murders, which did not come down even in 2020, continued to increase in 2021 too.
The number of registered rape cases increased from 28,046 in 2020 to 31,677 in 2021, closer to the 2019 figure of 32,032. Cases related to kidnapping and abduction increased from 84,805 in 2020 to 1,01,707, closer to the 1,05,036 cases recorded in 2019. On the other hand, murder cases continued their consistent increase with 29,272 cases in 2021, up from 29,193 in 2020 and 28,915 in 2019.
However, the number of overall registered cognisable crimes decreased from 66 lakh in 2020 to 60.9 lakh in 2021, a 7.6% decrease. The crime rate (crimes per 1 lakh people) also decreased from 487.8 in 2020 to 445.9 in 2021.
The decline in overall crimes in 2021 can be attributed to a sharp decrease in cases registered under “disobedience to order duly promulgated by a public servant (Section 188 of the IPC).”
Such cases were registered mainly over violations of COVID-19 norms. They were also recorded under ‘Other IPC Crimes’ and ‘Other State Local Acts.’
The number of cases filed under Section 188 of the IPC almost halved from 6.12 lakh cases in 2020 to 3.22 lakh in 2021. Cases filed under ‘Other IPC Crimes’ more than halved from 10.6 lakh in 2020 to 4.9 lakh in 2021.
However, overall cognisable crimes in 2021 continued to be higher than 2019 levels (51.6 lakh cases), with COVID-related violations contributing to the bulk of the increase, despite the decline compared to 2020.
In 2021, the rate of violent crimes (per 1 lakh people) among major States was the highest in Assam — 76.6 violent crimes per 1 lakh people followed by Delhi at 57 and West Bengal at 48.7.
The rate was the lowest in Gujarat, Andhra Pradesh and Tamil Nadu. Notably, the biggest increase in the rate of violent crimes was recorded in Odisha. The State’s violent crime rate increased from 38 in 2020 to 48.6 in 2021.
Editorial
Curing the patriarchal mindset of the legal system (Page no. 6)
(GS Paper 1, Women Related Issues)
A sessions court in Kerala, while granting anticipatory bail recently to an author and social activist in the State in a case of alleged sexual harassment, observed that the offence under Section 354A of the Indian Penal Code (‘Assault or criminal force to woman with intent to outrage her modesty’) is not prima facie attracted when the de facto complainant was dressed in ‘sexually provocative dresses’.
The sessions court had relied on photographs submitted with the bail application of the accused showing that the de facto complainant was wearing a dress that was ‘sexually provocative’ and hence, Section 354A would not be used against the accused. The observation was clearly an affront to a woman’s constitutional right to dignity, life and personal liberty, and privacy.
The ratio decidendi proclaimed by the sessions court judge is a (patriarchal) Freudian slip. In psychoanalysis, a Freudian slip is defined as an error in speech, memory or action that occurs due to the interface of an unconscious subdued wish or internal train of thought.
Terming a woman’s dress as ‘sexually provocative’ is a result of the objectification of woman as an erotic quiddity. In this case, it is an unwitting sparking of a patriarchy that affected not only the individual judicial officer but also the entire socio-legal system.
The Supreme Court in Aparna Bhat vs The State Of Madhya Pradesh (2021) had held that “the use of reasoning/language which diminishes the offence and tends to trivialize the survivor [in gender violence cases] is especially to be avoided under all circumstances.
Thus, the following conduct, actions or situations are deemed irrelevant, e.g. to say that the survivor had in the past consented to such or similar acts or that she behaved promiscuously, or by her acts or clothing, provoked the alleged action of the accused, that she behaved in a manner unbecoming of chaste or ‘Indian’ women, or that she had called upon the situation by her behavior, etc.
These instances are only illustrations of an attitude which should never enter judicial verdicts or orders or be considered relevant while making a judicial decision; they cannot be reasons for granting bail or other such relief.” The controversial comment of the sessions court judge is a clear violation of the guideline given by the Supreme Court of India.
OPED
Challenges of sub-national fiscal correction (Page no. 7)
(GS Paper 2, Polity and Governance)
Recent concerns over excessive doling out of freebies by States are often interpreted as intrusion into the federal powers of the States. States push back on this issue on the grounds of welfare provisioning and protection of the vulnerable sections of the population.
The Central government’s alarm has been on the mounting debt burden and the deteriorating fiscal situation in some States. As both the Union government and States are expected to work closely in a co-operative federal structure, frictions arising out of these exchanges might have repercussions on both resource sharing and expenditure prioritisation. Hence, it is important that the Centre and States are on the same page on these issues.
In recent times, three issues have emerged as major discussion points in India’s fiscal federalism, leading to back-and-forth exchanges between the Centre and States.
First are a set of issues related to Goods and Services Tax (GST) such as the rate structure, inclusion and exclusion of commodities, revenue sharing from GST and associated compensation.
Second, State-level expenditure patterns especially related to the welfare schemes of States. Third, the conception and the implementation of central schemes.
Issues related to GST have a forum for discussions as they are usually the agenda for GST council meetings. However, other two matters are generally flagged by the Finance Ministry based upon reports and studies done by the Reserve Bank of India (RBI) and the Comptroller and Auditor General of India.
As States engage in clarifications on these reports and studies, it often ends up as exchanges of shifting the blame, especially when the Centre and the concerned State have different political parties in power.
A key issue of recent debates between the States and the Centre is the quantity and quality of public expenditure by the States. In this context, it is important to distinguish between two kinds of public expenditure.
Mandatory spending is expenditure that is governed by formulas or criteria set forth, rather than by periodic appropriations and as such, unless explicitly changed, the previous year’s spending bill applies to the current year for these items of expenditure.
By contrast, discretionary spending is expenditure that is governed by annual or other periodic appropriations. While States demand more fiscal space for increasing discretionary spending, the Centre is pushing for more fiscal discipline by reducing the scope for discretionary spending and limiting States to focus on mandatory expenditures.
Redefining direct benefit transfers (Page no. 7)
(GS Paper 3, Economy)
The concept of Direct Benefit Transfer (DBT) is to directly transfer cash to the beneficiary’s bank account, empower the beneficiary to spend the amount it originally intended, and arrest the pilferage by corrupt politicians.
So far, no political administrator in the country would have understood the spirit of DBT better than Andhra Pradesh Chief Minister Y.S. Jagan Mohan Reddy.
Witnessing people’s suffering during the 3,648-km-long padayatra, he vowed to herald a qualitative change in the lives of the poor. He announced “Navaratnalu” for the 2019 election manifesto.
None of the “Navaratnalu” schemes is a freebie, as he carefully designed every scheme for long-term growth and development of people’s lives. Thus, redefining DBT as development through benefit transfer.
The commitment to his promise was so strong that although during 2020-21 the State received only 29.35% of its share in central taxes against the 15th Finance Commission recommendation of 41%, Mr. Reddy was able to transfer ₹1.65 lakh crore since 2019, as part of the “Navaratnalu” schemes through DBT.
He also ensured transparency in the beneficiary selection process through village/ward secretariats and the volunteer system.
To explain the effective implementation of DBT and the resultant improvement in people’s lives schemes such as the JaganannaAmmavodi, YSR RythuBarosa, YSR Cheyutha, and YSR Aasara, which account for a large share, are discussed in this column.
Education is one of the essential tools for the long-term development of people’s lives. However, based on the Ministry of Education report for 2016-17, the Gross Enrolment Ratio (GER) for Andhra Pradesh in primary education was amongst the lowest at 84.48, as against the national average of 99. Against this backdrop, Mr. Reddy introduced the Ammavodi scheme.
To encourage mothers to send their kids to school, the AP government is giving ₹15,000 per annum, with 75% mandatory attendance, to every mother.
The Ammavodi scheme saw a steep increase in GER for girls at the secondary level. While the GER in 2015-16 was 76.48 against the national average of 80.97, it went up to 81.2 in 2019-20 against the national average of 77.8.
Text & Context
The jurisprudence of bail (Page no. 8)
(GS Paper 2, Polity and Governance)
The jurisprudence of bail in post-independent India, is anchored on the bedrock of Article 21 of the Constitution which safeguards not only life but also liberty by commanding that liberty can be deprived only through the procedure established by law, which must be “just, fair and reasonable”.
The same procedural law which provides for arrest and incarceration, ensures that bail can be sought by an accused through a broad spectrum of provisions ranging from pre-arrest bail to statutory bail.
While the former envisaged under Section 438 of the Code of Criminal Procedure (CrPC) enables the accused to approach a Sessions court or High Court seeking a direction to release him on bail in case he is arrested on a non-bailable offence, the latter, as conceived under Section 167 of the CrPC, vests with the accused the right to be released if the investigation is not completed within ninety days or sixty days, as the case may be, depending on the severity of the alleged offence.
The presumption of innocence is a foundational postulate in India’s criminal jurisprudence. This is the main reason why an accused is usually released on bail pending investigation and trial except for a few offences under the Penal Code as well as offences framed under special statutes like the Unlawful Activities Prevention Act, the Narcotic and Psychotropic Substances Act and the Prevention of Money Laundering Act, all of which impose extremely rigid conditions for the grant of bail.
While bail refers to the conditional release of a person from confinement or custody during investigation and trial, it can also be sought during the appellate stage to prevent endless internment during the pendency of appeal though the benefit of the presumption of innocence is not available at the latter stage. In the ever-enduring words of Justice Krishna Iyer, The issue of ‘Bail or Jail’ — at the pre-trial or post-conviction stage — although largely hinging on judicial discretion, is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a developed jurisprudence of bail is integral to a socially sensitised judicial process.
After all, personal liberty of an accused or convict is fundamental, suffering lawful eclipse only in terms of procedure established by law.
A common misnomer that precipitates public apprehension is the perception that jail is and ought to be a necessary consequence of arrest and the failure to jail an accused post-arrest endangers public justice.
In fact, prolonged detention of an accused pending trial may convert the process itself into a punishment rendering a finding of acquittal practically useless as the accused would have suffered much of the punishment by then.
News
Chinese troops stop graziers in Ladakh (Page no. 12)
(GS Paper 2, International Relations)
Indian graziers were stopped by the Chinese army at Demchok in Ladakh on August 21.According to the official, the Chinese People’s Liberation Army (PLA) objected to the presence of graziers within India’s perception of the Line of Actual Control (LAC) near Saddle Pass at CNN junction in Demchok.
The incident was followed by a couple of meetings between the commanders of the Indian Army and the Chinese PLA to resolve the issue. The graziers have been frequenting the area and there was a minor scuffle in 2019.
This time when the graziers went with the livestock, the Chinese objected that this was their territory. The issue was raised with the Chinese.
A defence source said there was no face-off between the two armies. “It was a routine interaction between local commanders on the ground level to resolve issues at the local level to prevent escalation and maintain peace and tranquility on the LAC. This keeps happening regularly all along the LAC as part of the agreed protocols.
Another official added that India and China are engaged in eye-ball to eye-ball positions in the area since April 2020. Many areas in the sector have become “no patrolling zones” post-Galwan incident on June 15, 2020, when as many as 20 Indian soldiers were killed in violent clashes with the Chinese PLA.In 2018, China had pitched tents metres away from the ChardingNilungNallah in Demchok or the CNN junction.
Indian and Chinese troops are positioned in close proximity at multiple locations along the undefined LAC in Eastern Ladakh for more than two years. While several rounds of talks at the diplomatic and military level have eased the standoff at a few points turning the areas into no-patrolling zones, there are others where the build-up continues.
India and China have held 16 rounds of meetings of Senior Commanders so far. Both sides failed to achieve a breakthrough for disengagement at Patrolling Point 15 in the Hot Springs area.
With disengagement completed on the north and south bank of Pangong Tso, a phased disengagement is yet to take place in other friction areas in Eastern Ladakh, including Depsang and Demchok sectors.
In 2016, there was a standoff between Indian and Chinese troops in the Demchok area as PLA objected to the construction of an irrigation canal under the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) scheme.
Pharma body’s new apps to ease business operations (Page no. 12)
(GS Paper 3, Economy)
The National Pharmaceutical Pricing Authority (NPPA) is working more as a facilitator and not just as a regulator, Health Minister Mansukh Mandaviya said at its silver jubilee celebrations.The Minister commended Indian firms for continuously producing quality products.
Mr. Mandaviya urged them to produce medicines and conduct innovative research with the goal of ensuring good health and well-being of the people, and not only for commercial purposes.
At the inaugural session of the event, the Integrated Pharmaceutical Database Management System 2.0 (IPDMS 2.0) and Pharma SahiDaam 2.0 mobile applications were launched.
IPDMS 2.0 is an integrated, responsive, cloud-based application developed by the NPPA with technical support from the Centre for Advance Computing (C-DAC).
The system is envisaged to optimise synergies in operations to promote the government’s thrust on “ease of doing business”.
It will provide a single window for submissions of various forms as mandated under the Drug Price Control Order (DPCO), 2013.
Pharma SahiDaam 2.0 app, meanwhile, will have updated features such as speech recognition, availability in Hindi and English, share button and medicine bookmarking.
This version of Pharma SahiDaam also has a facility for launching complaints by consumers through the consumer complaint-handling module. The app will be available in both iOS and Android versions.
Tribe categorisation work delays benefits under SEED (Page no. 12)
(GS Paper 1, Population and Associated issues)
The Union Social Justice Ministry received 402 applications online from across the country for benefits under the Scheme for Economic Empowerment of Denotified, Nomadic, Semi-nomadic (SEED) Tribes.
More than 10 crore Indians from 1,400 communities belong to these groups, show the latest estimates available with the government.
None of the applications received so far on the SEED’s online portal has been approved yet. Multiple officials say the exercise to categorise all 1,400 communities under the Scheduled Caste, Scheduled Tribe and Other Backward Classes is holding up the implementation of the scheme, unveiled in February by Social Justice Minister Virendra Kumar.
The scheme aims to provide free competitive exam coaching to students, health insurance and financial assistance for housing and uplift clusters of these communities through livelihood initiatives.
The Ministry has been allocated Rs. 200 crore for this scheme to be spent over five financial years from 2021-22 to 2025-26.
At the time of the launch, the Ministry announced that the scheme would be implemented through an online portal that would issue a unique ID to each applicant to apply and track the status of the application online.
Of the applications received on the portal so far, 17 are for free coaching, 111 for health insurance, 222 for housing, and 52 for livelihood assistance.The applications are still being reviewed at the State and district levels.
While the Anthropological Survey of India (AnSI) and Tribal Research Institutes are studying 267 uncategorised communities to classify them under SC, ST, or OBC, inconsistencies have been hindering the processing of SEED applications.
The categorisation of these communities by the Idate Commission left room for inaccuracies as outlined by the commission in its 2018 report.
For instance, some communities such as the Banjara were under the SC list in Delhi, the ST list in Rajasthan and the OBC list in Uttar Pradesh.
The commission said some communities were under different lists in different districts even within a State.NITI Aayog officials monitoring the exercise. The AnSI is expected to submit reports on all the communities by October.
Government officials said the categorisation of DNTs, NTs and SNTs is essential for the implementation of SEED because there is no schedule in the Constitution providing for their reservation.
So, we are asking State governments to uniformly categorise these communities under SC, ST, or OBC lists and then provide a sub-categorisation in their certificates, declaring them as either DNT, NT, or SNT.