Topics:
- REVAMPING INDIA’S CRIMINAL LAWS
- NATIONAL APPRENTICESHIP PROMOTION SCHEME
- DELIMITATION COMMISSION
- CONSUMER WELFARE FUNDS
- SPONGE CITY
- KOSI RIVER
REVAMPING INDIA’S CRIMINAL LAWS
Introduction: Paving the Way for Transformation
- The recent introduction of three pivotal bills in the Lok Sabha by the Union Home Minister signals a monumental shift in India’s criminal justice system, aiming to replace outdated laws and introduce contemporary legal paradigms.
- These bills have sparked extensive debates and anticipation of profound changes in the way legal proceedings are conducted.
The Three Crucial Bills
- Bharatiya Nyaya Sanhita Bill, 2023:
This bill focuses on overhauling the legal approach to mob lynching, proposing the implementation of capital punishment for this heinous crime.
- Bharatiya Nagarik Suraksha Sanhita Bill, 2023:
Addressing issues related to public safety, this bill introduces stricter laws for sexual violence.
It recognizes deception leading to sexual relations as a separate offense and mandates a ten-year imprisonment term for making false promises of marriage.
- Bharatiya Sakshya Bill, 2023:
This bill seeks to redefine key legal terms, introducing comprehensive definitions for offenses like sedition, terrorism, separatism, and armed rebellion. It aims to streamline the legal treatment of these offenses.
Key Reforms Envisioned
- Capital Punishment for Mob Lynching: The Bharatiya Nyaya Sanhita Bill introduces capital punishment for mob lynching, underlining the severity of this crime.
- Enhanced Laws Against Sexual Violence: The bills introduce a distinct offense for deception leading to sexual relations and establish a ten-year imprisonment term for falsely promising marriage.
- Redefined Sedition and Terrorism: These bills redefine sedition and provide comprehensive definitions for terrorism, separatism, and armed rebellion, simplifying legal interpretations for these offenses.
- Video Recording of Survivor Statements: A mandatory provision for video-recording survivor statements in sexual violence cases ensures accurate and reliable evidence collection.
- Expedited Justice: The bills propose amendments to accelerate the criminal justice process, aiming to revolutionize the speed at which cases are heard.
- Enhanced Transparency and Accountability: Measures to enhance police accountability include providing complaint status updates within 90 days, consulting victims before withdrawing cases, and introducing community service for specific crimes.
Implications for the Criminal Justice System
- Modernization and Adaptation: The bills signify a transition from colonial-era laws to contemporary legal frameworks that better address evolving societal concerns.
- Speedier Trials: Proposed reforms include fixed timelines for chargesheets and prosecution sanctions, with the aim of expediting trial proceedings and reducing unnecessary delays.
- Preserving Evidence Integrity: The requirement for mandatory videography during search and seizure operations enhances transparency and safeguards against evidence tampering.
Empowering Victims: Consulting victims before withdrawing cases empowers them within the legal process, fostering a more victim-centric approach.
Accountability and Efficiency: The introduction of a designated police officer for custody notifications, mandatory online disclosure, and limited sentence remissions promotes transparency and accountability.
Socio-Political Significance
- Ensuring Political Accountability: The bills stress that individuals with political influence will not be immune to legal consequences, thereby fostering fairness and equality.
- Prioritizing Public Safety: Stricter laws against mob lynching and sexual violence underscore the government’s commitment to safeguarding public safety and protecting vulnerable groups.
- Enhancing Legal Effectiveness: These bills aspire to elevate India’s conviction rate by introducing standardized forensic evidence collection practices and streamlining trial procedures.
Conclusion: A Transformative Path Ahead
The introduction of the Bharatiya Nyaya Sanhita Bill, 2023, alongside its companion bills, represents a significant stride towards modernizing India’s criminal justice system.
Driven by principles of transparency, accountability, and justice, these reforms have the potential to reshape legal proceedings, empower victims, and cultivate a more equitable legal environment.
As these bills undergo rigorous parliamentary scrutiny, the anticipation of their impact on India’s legal landscape is palpable. There is a widespread expectation of a more efficient, effective, and just criminal justice system, poised to serve the nation in a more equitable manner.
NATIONAL APPRENTICESHIP PROMOTION SCHEME
Introduction
- The Union Minister for Education and Skill Development & Entrepreneurship has taken significant steps to enhance participation in nationwide apprenticeship training for both industries and young individuals.
- This initiative involves the launch of Direct Benefit Transfer (DBT) within the National Apprenticeship Promotion Scheme (NAPS), aimed at promoting and facilitating apprenticeship across the country.
Direct Benefit Transfer Launch
To mark the inauguration of DBT in NAPS, the Minister disbursed an approximate amount of Rs 15 crores to one lakh apprentices on the current day. This move is anticipated to create substantial momentum for the initiative.
NAPS Overview
- The National Apprenticeship Promotion Scheme (NAPS) was introduced by the Government of India in August 2016.
- The primary objective of NAPS is to stimulate the apprenticeship ecosystem within the nation.
- This is achieved through the provision of financial incentives, technological support, and advocacy efforts.
Nodal Ministry
The Ministry of Skill Development and Entrepreneurship is the governing body responsible for overseeing the implementation and progress of NAPS.
Components of NAPS
The scheme is comprised of two main components:
- Stipend Sharing: Employers receive financial support by sharing 25% of the prescribed stipend, capped at a maximum of Rs. 1500 per month per apprentice.
- Basic Training Cost Sharing: The scheme covers a portion of the basic training cost, up to a maximum of Rs. 7,500 per apprentice.
Implementing Agencies
- For establishments under the jurisdiction of the Central Government, the Regional Directorates of Skill Development and Entrepreneurship (RDESE) under the Directorate General of Training (DGT) serve as the implementing agencies for all “Designated Trades” under the Act.
- Additionally, the National Skill Development Corporation (NSDC) and CEOs of Sector Skill Councils oversee “Optional Trades” for establishments within the Central Government’s jurisdiction.
Key Features
- Diverse Apprenticeship Options: The scheme offers a wider range of apprenticeship opportunities, promoting integration with other relevant schemes.
- Streamlined Administration through Technology: NAPS is designed for ease of administration through the utilization of technology, enhancing efficiency in implementation.
- Involvement of States/UTs: The scheme fosters collaboration with States and Union Territories, ensuring a holistic approach to apprenticeship promotion.
Promoters and Facilitators/Third-Party Aggregators (TPA): NAPS encourages the involvement of promoters and facilitators or third-party aggregators to facilitate smoother execution of the apprenticeship initiative.
DELIMITATION COMMISSION
News: The Election Commission of India has issued the conclusive delimitation decree for the State of Assam’s Assembly and Parliamentary Constituencies.
Introduction
- The Delimitation Commission is a statutory body constituted by the President of India under Article 82 of the Constitution of India.
- It is responsible for determining the number of seats to be allocated to each state and union territory in the Lok Sabha and the state legislative assemblies.
- The Commission also demarcates the boundaries of the constituencies within each state and union territory.
History
- The Delimitation Commission was first constituted in 1952 after the first general elections to the Lok Sabha.
- The Commission was headed by Justice J. C. Shah.
- The Commission submitted its report in 1955.
- The Delimitation Commission has been constituted six times since then, in 1962, 1971, 1976, 2002, 2008, and 2022.
Composition
- The Delimitation Commission consists of the following members:
- A chairman who is a retired Chief Justice of India or a Supreme Court judge.
- Two other members who are experts in the fields of geography, demography, and electoral statistics.
- The chairman and members of the Commission are appointed by the President of India.
Functions
The Delimitation Commission has the following functions:
- To determine the number of seats to be allocated to each state and union territory in the Lok Sabha and the state legislative assemblies.
- To demarcate the boundaries of the constituencies within each state and union territory.
- To take into account the following factors while demarcating the boundaries of constituencies:
- The population of the state or union territory.
- The geographical features of the state or union territory.
- The existing boundaries of the constituencies.
- The need to maintain contiguity of territory and to avoid fragmentation of constituencies.
- The need to ensure that all constituencies are of roughly equal population size.
Procedure
- The Delimitation Commission starts its work by inviting objections and suggestions from the public.
- The Commission then holds public hearings in all the states and union territories.
- After considering the objections and suggestions, the Commission prepares a draft report.
- The draft report is then placed before the President of India for approval.
- After the President approves the draft report, the Commission publishes the final report.
Significance
The Delimitation Commission plays an important role in ensuring that the elections to the Lok Sabha and the state legislative assemblies are conducted on a fair and equitable basis.
The Commission’s work is essential to ensure that all citizens have an equal opportunity to participate in the electoral process.
The Commission’s reports are also used by the Election Commission of India to draw up the electoral rolls for the elections.
CONSUMER WELFARE FUNDS
Context: The recently updated Consumer Welfare Fund Guidelines now cover the reimbursement of legal expenses for complainants following the final adjudication of cases.
Basics
· The objective of the Consumer Protection Act, 2019 is to ensure effective and economical resolution of consumer disputes through Mediation, as outlined in Chapter V.
· Effective from July 15, 2020, the Consumer Protection (Mediation) Rules, 2020 were formally announced.
· Further, the National Consumer Dispute Redressal Commission introduced the Consumer Protection (Mediation) Regulations 2020 on July 24, 2020.
· Numerous Consumer Commissions have established Mediation Cells, along with the appointment of qualified mediators.
· Across various State Commissions, there are presently 247 empaneled mediators, and in District Consumer Commissions nationwide, there are 1387 empaneled mediators.
· One of the major obstacles impeding successful mediation processes is the mediator’s compensation.
· For instance, consider a pending dispute valued at ₹60,00,000 before the State Consumer Commission, involving parties ‘A’ and ‘B’, who opt for mediation.
· Taking into account the circumstances and the sum involved, the State Consumer Commission President determines a mediation fee of ₹25,000.
· Following a fruitful mediation procedure resulting in the resolution of the dispute between ‘A’ and ‘B’, the mediator is entitled to a payment of ₹5,000, in accordance with the designated fee for successful mediations at the State Commission level.
This compensation will be funded from the interest accrued on the Consumer Welfare (Corpus) Fund, which is established through contributions from both the State and the Department of Consumer Affairs.
SPONGE CITY
News
- In recent weeks, China has faced devastating floods that have led to city inundations, loss of lives, and significant infrastructural damage.
- To address this challenge, China has been pioneering the concept of “sponge cities,” a novel urban construction model designed for effective flood management and ecological enhancement.
Understanding the Concept of Sponge Cities
- Sponge cities are innovative urban development frameworks aimed at bolstering ecological infrastructure and drainage systems.
- By adopting nature-based solutions, these cities can mitigate issues like urban flooding, water scarcity, and the urban heat island effect.
- The core idea is to create environments that absorb and capture rainwater efficiently.
- This harvested rainwater can then be repurposed for both irrigation and domestic use, thereby promoting sustainability.
Key Objectives of Sponge Cities
The implementation of sponge cities revolves around three primary objectives:
- Protecting Urban Ecosystems: Emphasis is placed on safeguarding ecologically sensitive areas within the city, such as rivers, lakes, and ditches. Utilizing natural vegetation, soil, and microorganisms, these areas are gradually rehabilitated to restore the urban ecosystem.
- Ecological Restoration: This facet involves identifying ecological patches, establishing ecological corridors, and strengthening connectivity among these patches to form a comprehensive network. By delineating “blue” and “green” lines, efforts are made to rejuvenate the aquatic ecological environment.
3. Low-Impact Development: Mandatory measures are implemented for various urban elements, including roads, green spaces, water systems, residential areas, and specific buildings. These measures focus on preserving ecological patches, maintaining their storage capacity, and reinforcing source control. The overarching goal is to establish ecological sponges of varying scales across the city.
China’s Endeavors in Implementing Sponge Cities
- China has long recognized the necessity of enhancing its resilience against extreme weather events, particularly in densely populated urban areas vulnerable to flooding and drought.
- The concept of sponge cities was introduced to harness “nature-based solutions” that facilitate better water distribution, drainage, and storage.
- These solutions encompass various strategies, including permeable asphalt, construction of new canals and ponds, and restoration of wetlands.
- These interventions not only alleviate waterlogging and flooding but also contribute to overall urban environmental improvement.
Challenges Faced in the Implementation
While China has undertaken commendable efforts in promoting sponge cities, certain challenges persist:
- Legislative Implementation: Though 30 pilot sponge cities were selected between 2015 and 2016, only 64 out of China’s 654 cities had established legislation to fully implement sponge city guidelines by the previous year.
- Capacity Limitations: The effectiveness of sponge city infrastructure is limited, capable of managing up to 200 millimeters of daily rainfall. This limitation was evident in Zhengzhou’s struggle to manage unprecedented rainfall in 2021, surpassing the infrastructure’s capacity.
- 3. Extreme Rainfall Events: Recent extreme rainfall events, such as those experienced in Beijing and Zhengzhou, surpassed the capabilities of even well-implemented sponge city measures. Zhengzhou, for instance, witnessed over 200 mm of rainfall within a single hour, overwhelming its existing infrastructure.
Conclusion:
China’s initiative to establish sponge cities showcases a forward-thinking approach to urban flood management and ecological conservation. While challenges remain, continuous refinement of these strategies is essential to enhance their effectiveness and bolster urban resilience against extreme weather events.
KOSI RIVER
NEWS:
The low-lying regions of northern districts in Bihar are currently grappling with a flood-like scenario, compelling numerous families to seek safer havens.
- The escalating water levels of major rivers and their tributaries have induced apprehension among thousands of residents as floodwaters loom perilously close to their homes.
- Several rivers, namely the Koshi, Gandak, Bagmati, Mahananda, Ganga, and Adhwara, have surpassed their danger thresholds at multiple points, although they remain within safe parameters in other areas.
- While these rivers take convoluted paths through the Himalayan terrain, their behavior shifts dramatically over the plains, demonstrating significant meandering tendencies that lead to frequent course alterations.
Kosi River:
- The Kosi River, often referred to as the ‘sorrow of Bihar’, has gained notoriety for its recurrent alterations in course.
- Originating in Tibet and traversing through Nepal and India, the Kosi River brings substantial sediment from its upper sections and deposits it across the plains.
- This sediment accumulation frequently obstructs the river’s course, prompting it to divert from its established path.
- The confluence of its three main tributaries—the Sun Kosi, Arun, and Tamur—occurs upstream of a 10 km gorge carved through the Himalayan foothills.
- Upon entering northern Bihar, India, the river divides into distributaries before merging with the Ganges near Kursela in the Katihar district
In terms of silt and sand transport, the Kosi River ranks second only to the Brahmaputra River in India.