[Mission 2022] INSIGHTS DAILY CURRENT AFFAIRS + PIB SUMMARY 2 May 2022 – INSIGHTSIAS

GS Paper 2

Topics Covered: Issues Arising Out of Design & Implementation of Policies.

Context:

PM Narendra Modi recently pitched for early release of 3.5 lakh undertrial prisoners languishing in jails for years for want of speedy decision in their cases and requested the CMs and Chief Justices of HCs to focus on resolving this problem as it has been disturbing people’s sensitivity.

• He was speaking at the 39th Conference of Chief Ministers and Chief Justices.

Need for:

As much as 76% of inmates are undertrials, which is the highest in 25 years. These are poor people, dalits, poverty stricken people who are unable to furnish bail bonds and continue to rot in jails for years without their cases being taken up.

Reasons for the delay in justice:

• Overburdened judiciary is a major reason for the delay in justice.
• Police and prison officials often fail to fulfill their roles, leading to long delays in trials.
• Most of the undertrials come from disadvantaged social groups. Lack of resources constricts their ability to seek out lawyers and hostile police and prison authorities are rarely of help — despite a 1980 Supreme Court ruling that Article 21 of the Constitution entitles prisoners to a fair and speedy trial as part of their fundamental right to life and liberty.
• The understaffed judiciary compounds the problem. Section 167 of the Code of Criminal Procedures mandates that judges can extend a detainee’s custody for a period of 15 days at a time. For that to happen, the detainees have to be produced regularly before the courts. This rarely happens; proceedings don’t take place in time and the undertrials are shuttled from court to court.

What needs to be done?

Keeping in view the human rights of the prisoners, it is essential that they are given reasonable space and facilities in jails.

• An undertrial review committee, comprising the District Judge, District Magistrate and Superintendent of Police, should be set up in each district. The onus of constituting such a panel for every district should be put on the National Legal Services Authority, acting in coordination with the State Legal Services Authority.
• The legal services authorities in various States must play a principal role in inculcating awareness among prisoners about their rights, especially provisions that entitle them to freedom.
• The real solution, however, does not lie merely in the early release of prisoners on bail, but in expediting the trial process.

Observations made by the Supreme Court in May 2021:

In its judgement, the Supreme Court (SC) of India had ordered the interim release of eligible prisoners in view of the uncontrolled second surge in the raging Covid-19 pandemic.

Key observations:

1. Emphasised the need to adhere to the norms it had laid down in Arnesh Kumar vs State of Bihar (2014) case. Under this case, the police were asked not to effect unnecessary arrests, especially in cases that involve jail terms less than seven years.
2. Authorities in all districts in the country to give effect to Section 436A of the Code of Criminal Procedure (Cr.P.C). Under the Section 436A of the Cr.P.C, the undertrials who have completed half of the maximum prison term prescribed for the offence may be released on personal bond.
3. Suggested the legislature to consider the idea of placing convicts under house arrest to avoid overcrowding of prisons. The occupancy rate in prisons climbed to 118.5% in 2019. Moreover, a very large sum of the budget is used for the maintenance of prisons.

Under-trial Population:

India’s under-trial population remains among the highest in the world and more than half of all undertrials were detained for less than six months in 2016.

• The 2016 NCRB report highlights that at the end of 2016, there were 4,33,033 people in prison, of whom 68% were undertrials.
• This suggests that the high proportion of undertrials in the overall prison population may be the result of unnecessary arrests and ineffective legal aid during remand hearings.

Insta Curious:

Did you know that ‘Prisons/persons detained therein’ is a State subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India?

• Administration and management of prisons is the responsibility of respective State Governments.
• However, the Ministry of Home Affairs provides regular guidance and advice to States and UTs on various issues concerning prisons and prison inmates.

InstaLinks:

Prelims Link:

1. Judiciary.
2. Undertrials.
3. State of Indian Prisons.
4. Prison Reforms.
5. Judicial Reforms.
6. Right to Life.
7. Article 21 of the Indian Constitution.

Mains Link:

Discuss the issues associated with the undertrials in India.

Sources: Times of India.

GS Paper 2

Topics Covered: Important Bilateral Agreements.

Context:

The India-UAE Comprehensive Economic Partnership Agreement (CEPA), the biggest bilateral trade pact between the two major economies, was activated on 1st May.

• The agreement was signed on February 18 between the two sides.

As per the CEPA signed between India and the UAE:

• 90% of India’s exports will have duty-free access to the Emirates.
• It covers goods, services and digital trade.

Benefits:

• The CEPA is likely to benefit about $26 billion worth of Indian products that are currently subjected to 5% import duty by the UAE, India’s third-biggest trading partner behind the US and China.
• It is expected that the CEPA will lead to an increase in bilateral trade from the current $60 bn to $100 bn in the next 5 years.
• Through the pact, Indian exporters will also get access to the much larger Arab and African markets.

What is CEPA?

It is a kind of free trade pact which covers negotiation on the trade in services and investment, and other areas of economic partnership.

• It may even consider negotiation on areas such as trade facilitation and customs cooperation, competition, and Intellectual Property Rights.
• Partnership agreements or cooperation agreements are more comprehensive than Free Trade Agreements.
• CEPA also looks into the regulatory aspect of trade and encompasses an agreement covering the regulatory issues.

Status of Trade:

• Trade: From USD 180 million per annum in the 1970s, India-UAE bilateral trade has steadily increased to USD 60 billion in FY 2019-20 making the UAE, India’s third-largest trading partner.
• Investments: The UAE is also the eighth largest investor in India with an estimated investment of USD 18 billion.

InstaLinks:

Prelims Link:

1. About CECA.
2. About CEPA.
3. India’s FTAs with other countries.

Mains Link:

Discuss the significance of India- Australia CECA.

Sources: the Hindu.

GS Paper 3

Topics Covered: Conservation related issues.

Context:

A recent audit report of the Comptroller and Auditor General (CAG) has pointed out illegal construction and violations of environmental norms in two Ramsar sites in West Bengal, the East Kolkata Wetlands (EKW) and the Sunderbans.

What’s the issue?

There were illegal constructions in the EKW and Coastal Regulation Zone area in Sunderbans. However, such violations even in these ecologically fragile areas were rarely found to have been penalised; on a couple of rare occasions, (when) they were done, it was in compliance with the Kolkata High Court’s orders.

What do the rules say?

CRZ notification disallows construction of residential buildings in the No Development Zone.

Issues and challenges:

1. Small patches of mangroves are being lost gradually and quietly due to their indiscriminate destruction for either coastal development or short-term gains.
2. These patches are observed to be enriched habitats of several rare and threatened flora and fauna.
3. The continued loss of shoreline mangrove ecosystems has created fragmented and fragile mangrove habitats for rare taxa and framed barriers to their movement and dispersal.
4. This irreversible loss of biodiversity is often neglected, which could never be compensated with any ‘cut the established and plant the new’ theory.

About Indian Sundarbans:

• Covers 4,200 sq. km and includes the Sunderban Tiger Reserve of 2,585 sq. km — home to about 96 royal Bengal tigers (as per the last census in 2020).
• It is a world heritage site and a Ramsar site (a wetland site designated to be of international importance).
• It is also home to a large number of “rare and globally threatened species, such as the critically endangered northern river terrapin (Batagur baska), the endangered Irrawaddy dolphin (Orcaella brevirostris), and the vulnerable fishing cat (Prionailurus viverrinus).”
• Two of the world’s four horseshoe crab species, and eight of India’s 12 species of kingfisher are also found here. Recent studies claim that the Indian Sundarban is home to 2,626 faunal species and 90% of the country’s mangrove varieties.

About EKW:

The EKW, a unique peri-urban ecosystem that lies on the eastern fringes of Kolkata, covers an area of about 12,500 hectares. It is spread over 37 mouzas of the State’s South and North 24 Parganas districts.

InstaLinks:

Prelims Link:

1. Where are Sundarbans?
2. What are mangroves?
3. Flora and fauna in the regions.
4. Recent cyclones in BoB region.
5. East Kolkatte Wetlands.

Mains Link:

Discuss the impact of cyclone amphan on Mangroves in India.

Sources: the Hindu.