Defining Terror to Death for Lynching: Lok Sabha Nod for 3 Bills On New Criminal Laws
Syllabus : GS-II, Polity and Governance;
Subject: Polity and Governance;
Topic: Legal issues, Government policies and interventions for development in various sectors and issues arising out of their design and implementation;
Issue: New Legal codes;
Context: Lok Sabha passed three key Bills – Bharatiya Nyaya (Second) Sanhita, 2023; the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023; and the Bharatiya Sakshya (Second) Bill, 2023 – to completely overhaul the country’s criminal laws..
Synopsis:
- Replace colonial laws: these will replace the Indian Penal Code (IPC), 1860; The Code of Criminal Procedure, 1973 (originally enacted in 1898); and the Indian Evidence Act, 1872.
- Aim: indigenising laws originally enacted by the British.
- Repealing colonial imprint: three specific provisions that have been symbols of colonial imprint in the IPC – sedition, criminalisation of homosexuality and adultery – have been repealed.
Change in Number of Sections:
- CrPC had 484 sections, now the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 will have 531 sections;
- 177 sections have been changed; 9 new sections and 39 sub-sections have been included; 44 new explanations have been added;
- timelines have been added in 35 sections; and 14 sections have been repealed.
- IPC had 511 sections, and the Bharatiya Nyaya (Second) Sanhita will have 358 sections;
- 31 new offences have been included in the purview of the new law; the imprisonment period has been increased for 41 offences;
- Penalty has been hiked in 82 offences; compulsory minimum punishment has been introduced in 25 offences;
- Community service has been added as a penalty for 6 offences; and 19 sections have been repealed.
- Bharatiya Sakshya (Second) Bill, 2023 has 170 sections as compared to 167 sections in the Indian Evidence Act;
- 24 sections have been changed; two new sections have been added; and six sections have been repealed
Key provisions and changes:
- Mob lynching: BNS, 2023, makes mob lynching and hate crime a separate offence for the first time and prescribes a punishment that extends from life imprisonment to death.
- Culpable homicide cases: the new version creates an exception for registered medical practitioners. The punishment prescribed is a jail term which may extend up to 2 years.
- Fugitives: one could be declared a fugitive only in 19 crimes, now a provision has been made to declare a fugitive in 120 crimes,.
Source: Indian Express
In Big AI push, Centre to Step Up Compute Capacity, Offer Free Services to Startups
Syllabus: GS-II, Polity and Governance; GS-III, Science and Tech;
Subject: Polity and Governance, Science and Tech;
Topic: Government policies and interventions for development in various sectors and issues arising out of their design and implementation, Emerging technologies;
Issue: India’s AI mission;
Context: As part of an Artificial Intelligence Mission to develop its own ‘sovereign AI’, the Centre is looking to build computational capacity in the country and offer compute-as-a-service to India’s start-ups.
Compute Capacity Under AI Mission:
- Capacity building models: done both within the government and through a public-private partnership (PPP) model.
- Targets: In total, the country is looking –
- To build a compute capacity of anywhere between 10,000 GPUs (graphic processing units) and 30,000 GPUs under the PPP model, and
- An additional 1,000-2,000 GPUs through the PSU Centre for Development of Advanced Computing (C-DAC).
- Incentives for private: The government is also exploring incentive structures for private companies to set up computing centres in the country, ranging from
- A capital expenditure subsidy model which has been employed under the semiconductor scheme,
- A model where companies can be incentivised depending on their operational expenses, to offer them a “usage” fee.
Working of Public Model for Building Computing Capacity:
- Part of Supercomputing mission: Under the public model, compute capacity will be set up within the C-DAC as part of the National Supercomputing Mission.
- C-DAC already has the Rudra and Param systems and it is planning to add 1,000-2,000 GPUs to them.
- Rudra is an indigenous server platform built by the C-DAC which has two expansion slots for graphic cards.
- Param Utkarsh is a high-performance computing system setup at C-DAC which offers AI over machine learning and deep learning frameworks, compute and storage as a cloud service.
Background:
About India AI mission:
- Announced by PM at the Global Partnership on Artificial Intelligence (GPAI) Summit 2023.
- Aim: to establish sufficient AI compute power in the country. This will help India’s innovators and startups get better facilities.
- Under this mission, AI applications in agriculture, healthcare and education-related sectors will be promoted.
Source: Indian Express
Supreme Court Clarifies Enforcement Directorate’s Arrest Procedures
Syllabus: GS-II, Polity and Governance;
Subject: Polity and Governance;
Topic: Enforcement Directorate, Powers of ED.
Context: the Supreme Court ruled that the Enforcement Directorate (ED) needs only to orally inform an accused of the grounds of their arrest at the time of arrest.
Case Background: Supertech Limited’s Founder’s Challenge
- Delhi High Court’s Decision: The Delhi High Court had dismissed a petition by a person to declare his arrest illegal.
- Argument: He contended that his arrest violated Section 19(1) of the Prevention of Money Laundering Act, 2002 (PMLA) and his fundamental rights, as he was not supplied with written grounds for arrest.
Key Highlights of the SC ruling:
- Oral information: Enforcement Directorate (ED) needs only to orally inform an accused of the grounds of their arrest at the time of arrest.
- This is a shift from the previous ruling of the Supreme Court on October 3 had mandated the ED to provide the grounds of arrest in writing at the time of custody.
- Requirement for Written Grounds: The court also specified that the written grounds of arrest must be supplied to the accused within 24 hours of their arrest.
Legal Framework: Section 19 of PMLA
- ED’s Arrest Power: Section 19 of the Prevention of Money Laundering Act (PMLA) authorizes the ED to arrest individuals based on material evidence.
- Notification Requirement: The law requires that the reasons for such belief must be recorded in writing, and the grounds of arrest be informed to the accused “as soon as may be.”
- Understanding ‘As Soon As May Be’: The court interpreted the phrase to mean “as early as possible”, “without avoidable delay”, “within reasonably convenient” or a “reasonably requisite” period.
Conclusion
- Legal Clarity: The Supreme Court’s ruling provides clarity on the procedures for arrests made by the ED, balancing prompt enforcement action with the rights of the accused.
- Impact on Future Cases: This decision sets a precedent for how the ED’s arrests are to be conducted, influencing future cases involving the agency.
Background:
Enforcement Directorate (ED):
- The Enforcement Directorate was established in the year 1956 as an ‘Enforcement Unit’ under the Department of Economic Affairs.
- Later, in 1957, this Unit was renamed as ‘Enforcement Directorate’.
- Presently, it is under the administrative control of the Department of Revenue (under the Ministry of Finance) for operational purposes.
Functions
- ED is responsible for enforcement of the Foreign Exchange Management Act, 1999 (FEMA), and certain provisions under the PMLA.
- ED has the power to attach the asset of the culprits found guilty of the violation of FEMA.
- It has also been empowered to undertake, search, seizure, arrest, and survey, etc. against the offences committed under PMLA.
Appointment of Director of ED
- By the central government on the recommendation of a committee:
- Chaired by the Central Vigilance Commissioner and
- Members comprising of Vigilance Commissioners, Home Secretary, Secretary DOPT and Revenue Secretary.
Source: Indian Express
Lok Sabha Passes Telecom Bill 2023 to Replace 138-year-old Telegraph Act
Syllabus: GS-II, Polity and Governance;
Subject: Polity and Governance;
Topic: Government policies and interventions for development in various sectors and issues arising out of their design and implementation;
Issue: Telecom Bill, 2023;
Context: The Lok Sabha on December 20 passed the omnibus Telecom Bill 2023 which will replace existing laws, including the 138-year-old Indian Telegraph Act..
Key Highlights of the Bill:
- Replaces Existing Laws: It repeals the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950.
- It also amends the Telecom Regulatory Authority of India (TRAI) Act, 1997.
- Authorisation for Telecom-Related Activities: Prior authorisation from the central government will be required to:
- Provide telecommunication services,
- Establish, operate, maintain, or expand telecommunications networks, or
- Possess radio equipment.
- Existing licences will continue to be valid for the period of their grant, or for five years, where the period is not specified.
- Assignment of spectrum: assigned by auction, except for specified uses, where it will be allocated on an administrative basis. These include purposes such as:
- National security and defence,
- Disaster management,
- Weather forecasting,
- Transport,
- Satellite services such as DTH and satellite telephony, and
- BSNL, MTNL, and public broadcasting services.
- The central government may re-purpose or re-assign any frequency range. The central government may permit sharing, trading, leasing, and surrender of spectrum.
- Powers of interception and search: Messages or a class of messages between two or more persons may be intercepted, monitored, or blocked on certain grounds. Such actions must be necessary or expedient in the interest of public safety or public emergency, and must be in the interest of specified grounds.
- Powers to specify standards: The central government may prescribe standards and assessments for telecom equipment, infrastructure, networks, and services.
- Right of way: Facility providers may seek a right of way over public or private property to establish telecom infrastructure. Right of way must be provided on a non-discriminatory and non-exclusive basis to the extent possible.
- Protection of users: The central government may provide for measures to protect users which include:
- Prior consent to receive specified messages such as advertising messages,
- Creation of Do Not Disturb registers, and
- A mechanism to allow users to report malware or specified messages.
- Entities providing telecom services must establish an online mechanism for registration and redressal of grievances.
- Appointments to TRAI: The Bill amends the TRAI Act to also allow individuals with:
- At least 30 years of professional experience to serve as the chairperson, and
- At least 25 years of professional experience to serve as members.
- Digital Bharat Nidhi: The Universal Service Obligation Fund has been established under the 1885 Act to provide for telecom services in underserved areas. The Bill retains this provision, renames the fund as Digital Bharat Nidhi, and also allows its use for research and development.
- Offences and penalties: Providing telecom services without authorisation, or gaining unauthorised access to a telecom network or data, are punishable with imprisonment up to three years, a fine up to two crore rupees, or both.
- Adjudication process: The central government will appoint an adjudicating officer to conduct inquiries and pass orders against civil offences under the Bill.
- The officer must be of the rank of joint secretary and above. Orders of the adjudicating officer may be appealed before the Designated Appeals Committee within 30 days.
- Members of this Committee will be officers of the rank of at least Additional Secretary. Appeals against the orders of the Committee, in connection to breach of terms and conditions, may be filed with TDSAT within 30 days.
Source: The Hindu
World Bank Sets Up Task Force On MDB Reform Plan
Syllabus: GS-III, Economy; GS-II, International Relations;
Subject: Economy;
Topic: Global Financial Architecture, Important International institutions, agencies and fora- their structure, mandate;
Issue: World Bank reform on MDBs;
Context: The World Bank has established a task force dedicated to examining recommendations for enhancing Multilateral Development Banks (MDBs).
Synopsis:
- This move follows the suggestions made by an independent experts’ group during India’s G20 presidency, as announced by World Bank Group President Ajay Banga.
Key Aspects of the Proposed Reforms:
- Greater Coordination: The panel emphasizes the need for greater coordination among stakeholders, including national governments, to develop unified goals and policies.
- Aim to resolve multiple coordination failures among domestic and international stakeholders, both public and private.
- Changing Perception and Practices: The current perception of MDBs as bureaucratic and risk-averse is seen as a barrier to private sector involvement, which is crucial for ramping up financing.
Rationale behind Proposed Reforms:
- Addressing Global Challenges: The climate crisis and other global issues require mechanisms for global-scale action, particularly in emerging markets and developing economies (EMDEs).
- Aligning with National Priorities: The expert group recommends that MDBs align more closely with the developmental priorities of individual nations.
- Enhancing Private Sector Engagement: A shift is suggested towards greater private sector involvement in MDB operations, moving away from the culture of limited interaction between private and sovereign financing arms.
MDBs’ Traditional Lending in Countries like India:
- Role in India’s Development: MDBs have been instrumental in financing key infrastructure projects in India, often with longer gestation periods.
- World Bank’s Commitments: Since its establishment in 1944, the World Bank has committed $97.6 billion to India, with significant portions in public administration, agriculture, and transport.
- Asian Development Bank’s Involvement: Formed in 1969, the ADB has committed $59.7 billion to India, focusing on transport, energy, and urban infrastructure.
- Asian Infrastructure Investment Bank’s Financing: The AIIB, established in 2016, has approved $9.9 billion in financing for India, with a focus on transport, energy, and economic resilience.
- European Investment Bank’s Contributions: Since 1958, the EIB has committed Euro 4.5 billion to India, primarily in the transport and energy sectors.
Conclusion
- Implications of the Recommendations: The proposed shift in MDB operations could lead to more effective and targeted development financing, aligning closely with the specific needs and priorities of individual countries.
- Potential for Enhanced Global Impact: By addressing coordination challenges and increasing private sector engagement, MDBs could play a pivotal role in meeting global development goals and addressing critical challenges like the climate crisis.
Background:
What is Multilateral Development Bank (MDB)?
- MDB is a financial institution established by multiple member countries and falls under international law. E.g., International Monetary Fund, World Bank, Asian Development Bank etc.
- Objectives of MDB: Stabilizing the global financial system during the time of crisis; Providing long-term financing; Providing lower-cost financing
Focus area: How can World Bank and other bodies contribute towards climate finance, critical for developing and LDCs to make a smooth transition to lower carbon emissions without compromising on growth.
Source: The Hindu
Disinflation May Pave Way for Interest Rate Cut: RBI Officials
Syllabus: GS-III, Economy;
Subject: Polity and Governance, Economy;
Topic: Indian Economy and issues relating to planning, mobilization of resources, growth, development and employment, Inflation and associated terms;
Issue: Disinflation;
Context: the Reserve Bank of India published ‘State of the Economy’ article in the December 2023 edition of its Bulletin.
Key highlights of the ‘State of the Economy’ article:
- Cautious optimism: Indian economy remained the fastest growing major economy in 2023.
- The outlook is one of cautious optimism as consumer confidence remains positive and perceptions about current income turned up in the RBI’s latest survey of households.
- Sustaining growth: projections from Dynamic Stochastic General Equilibrium (DSGE) model for the Indian economy, show that the growth is likely to be sustained in H2:2023-24 and 2024-25.
- DSGE model captures the dynamic interactions between various agents in the economy as well as their response to shocks.
- Interest rate reductions: disinflation at varying pace in different geographies may pave the way for interest rate reductions.
- Background:
What is Disinflation?
- Disinflation is a decrease in inflation rates.
- Disinflation is a temporary slowing of the pace of price inflation. The term is used to describe occasions when the inflation rate has reduced marginally over the short term.
- In simple terms, a decline in the rate of increase in the general price level of goods and services in the gross domestic product (GDP) of a country over time. Disinflation is the reverse of reflation.
- Unlike inflation and deflation, which refer to the direction of prices, disinflation refers to the rate of change in the rate of inflation.
A healthy amount of disinflation is necessary since it prevents the economy from overheating.
Source: The Hindu
EU Reaches Agreement on Reforming Bloc’s Migration Laws
Syllabus: GS-III, International Relations;
Subject: International Relations;
Topic: Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora, Humanitarian crisis.
Issue: EU deal to reforms in migration laws;
Context: EU countries and lawmakers reached an agreement on an overhaul of the bloc’s laws on handling asylum-seekers and migrants, officials said.
Synopsis:
- The accord still needs to be formally approved by the European Council, representing the 27 EU member countries, and the European Parliament before it becomes a law.
Key Highlights of the proposed reforms:
- Compulsory solidarity mechanism: would be set up to help countries experiencing a high number of arrivals — as is the case with Mediterranean countries Italy, Greece and Malta.
- To take pressure off southern countries experiencing big inflows.
- That would mean a certain number of migrant relocations to other EU countries, or countries that refuse to take in migrants would provide a financial or material contribution to those that do.
- Accelerated vetting: aims for an accelerated filtering and vetting of asylum-seekers so those deemed ineligible can be quickly sent back to their home country or country of transition.
- Border detention centres: set up would apply to irregular migrants coming from countries whose nationals’ asylum requests are rejected in more than 80 percent of cases
- Surge response: under which protections for asylum-seekers could be curtailed in times of significant inflows, as happened in 2015-2016 when more than two million asylum-seekers arrived in the EU, many from war-torn Syria.
Source: The Hindu