The Prayas ePathshala

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19 May 2023

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DAILY CURRENT AFFAIRS ANALYSIS

1 – Model Prisons Act 2023: GS II – Government Policies and Interventions

Context:

  • The Indian government has prepared a new Model Prisons Act to replace the current 130-year-old ‘Prisons Act, 1894’, with a focus on rehabilitation and reform of prisoners instead of retributive deterrence.

What is Criminal Justice System in India?

  • The Criminal Justice System (CJS) in India is a set of legal and institutional frameworks that govern the detection, investigation, prosecution, and punishment of criminal offences.

The CJS in India is mainly guided by three major legal documents:

  • The Indian Penal Code.
  • The Code of Criminal Procedure.
  • The Indian Evidence Act.

CJS has four subsystems:

  • Legislature (Parliament).
  • Enforcement (Police).
  • Adjudication (Courts).
  • Corrections (Prisons, Community Facilities).

Need for new Prison Act:

Examples/Facts:

Outdated laws:

  • The Indian Prison Act was enacted in 1894 and amended several times, but it fails to address modern-day prison challenges.

Human rights violations:

  • g., custodial deaths, torture, and overcrowding are widespread in Indian prisons.
  • Focus on rehabilitation:
  • The current prison system focuses more on punishment than rehabilitation, which leads to high recidivism rates (committing offence again).
  • A new act should emphasize the need for rehabilitation programs and better integration of prisoners into society upon release.
  • Improved healthcare:
  • Many Indian prisons lack adequate healthcare facilities, leading to higher mortality rates.

Technology integration:

  • The current prison system is largely manual and paper-based, leading to delays and inefficiencies.

Overcrowding:

  • According to the latest data available from the National Crime Records Bureau (NCRB), the occupancy rate of Indian prisons is over 117%, indicating severe overcrowding.

Staff training:

  • Many Indian prison staff lack adequate training, leading to incidents of human rights abuses, corruption, and mismanagement.
  • g., In 2020 it was reported that the Puzhal Central Prison in Chennai, Tamil Nadu had only one guard for every 100 prisoners.

Key features of Model Prisons Act 2023 are:

To incentivize good conduct:

  • Ensure legal aid to prisoners, provision of parole, furlough and premature release.

For women and transgender inmates:

  • Ensure the physical and mental well-being of these vulnerable inmates and provide separate accommodations.

Reformation:

  • Move away from the retributive deterrence approach and transform prisoners into law-abiding citizens.

Security assessment:

  • Ensure the safety of both prisoners and prison staff by segregation of prisoners.

Grievance Redressal:

  • Provide a mechanism for prisoners to raise concerns and receive appropriate responses.

Prison development board:

  • Establish a board to oversee and advise on prison development and management.

Use of technology:

  • Bring transparency and efficiency to prison operations.

Use of prohibited items:

  • Discourage prisoners and prison staff from using prohibited items, such as mobile phones, in prisons.

High-security jails:

  • Ensure the proper management and security of high-risk prisoners by the establishment of high-security jails.

Open and semi-open jails:

  • Provide different types of facilities to accommodate different types of prisoners.

Implementations:

  • Prisons in India and ‘persons detained therein’ are a State subject and MPA 2023 will serve as a “guiding document” for States. Therefore it is not binding on the states.

Previous other recommendations:

SC appointed Justice Amitava Roy (retd.) The committee recommended several measures to address the issue including:

  • Speedy trials.
  • Increasing the number of lawyers for prisoners.
  • Setting up special fast-track courts for petty offences.
  • Promoting the concept of plea bargaining.

Initiative for prison reforms in India:

  • The Modernisation of Prisons Project (2021-26) aims to enhance security and facilitate prisoner rehabilitation in India through the use of modern security equipment; E-Prisons Project, Model Prison Manual 2016, and National Legal Services Authority (NALSA).

Conclusion:

  • The Model Prison Act 2023 is aimed at improving prison administration and conditions, protecting the rights of prisoners, and promoting their rehabilitation and reintegration into society. It is expected to bring much-needed reforms to the Indian prison system and align it with international standards.

Source The Hindu

2 – Global Report on Internal Displacements 2023: GS II – Social Issues

Context:

  • The Global Report on Internal Displacement 2023 (GRID-2023) stated that in 2022, over 32 million people were displaced by disasters, 98% of which were triggered by weather-related events such as floods and storms.

Key Highlights of the Report:

Total Number of IDPs:

  • Over 71million IDPs across 110 countries and territories at the end of 2022, a 20% increase in a year.

Total IDPs in India:

  • Over 6 lakh were from conflict and violence while 32 thousand were due to disasters.

Weather-Related Displacements:

  • 98% of disaster displacements in 2022 were triggered by weather-related events; floods and storms caused 6 out of 10 disaster displacements.

Pakistan and India:

  • Pakistan had the highest number of disaster displacements in 2022, followed by China and Afghanistan, while India ranked fourth.

La Niña’s Influence:

  • The prolonged three-year La Niña phenomenon contributed to the rise in weather-related disasters, especially floods, leading to widespread disasters across the globe.

Regional Displacement Patterns:

  • Sub-Saharan Africa experienced the highest-ever displacement due to disasters in 2022. South Asia witnessed double the annual average of disaster displacements.

Actions needed:

  • Unconditional cash assistance for supporting the immediate needs of IDPs; Developing IDPs’ livelihoods and skills, Importance of building resilience and preparedness at an individual, community, and national levels, addressing the impacts of climate change and investing in adaptation measures are crucial to mitigate future displacements.

About Internal Displacement:

Meaning:

  • Internal displacement refers to the situation where people are forced to leave their homes but remain within their country’s borders.

About the Report:

  • The Global Report on Internal Displacement 2023 (GRID-2023), published by the Internal Displacement Monitoring Centre (IDMC), is the world’s leading source of data and analysis on Internal Displacement (ID).  The 2023 edition sheds light on the significant increase in the number of people displaced by disasters in 2022 and the complex relationships between disasters, conflict and violence, food security and ID.
  • IDMC (formed 1998; HQ: Geneva) is an International non-governmental organization established in 1998 by the Norwegian Refugee Council in Geneva. It is focused on monitoring and providing information and analysis on the world’s internally displaced persons.

Conclusion:

  • There is a need for India to formulate policies and strategies that are focused on migration, promote inclusive growth and development, and reduce distress-induced migration.
  • 1951 Refugee Convention and its 1967 Protocol assert the principle of non-refoulment (a refugee should not be returned to a country where they face serious threats to their life or freedom).

Source The Hindu

3 – Agra Smart City: GS III – Infrastructure-related issues

Context:

  • The Agra Smart City had adopted an AI-enabled system capable of detecting various issues such as stray cattle, clogged manholes, traffic rule violations, and even instances of sexual harassment. The Integrated Command and Control Centre (ICCC) monitors the city 24×7 and provides live updates on various aspects, including waste collection, parking violations, adaptive street lighting, environment pollution and overflowing manholes.

About:

  • Agra is one of the 22 cities that have successfully completed all projects under the Smart City Mission.
  • Usage: The example can be used in governance/Science and Technology questions to show the use of technology for city administration.

Source The Hindu

4 – CEIR System: GS II – Government Policies and Interventions

Context:

  • The Indian government has launched the Central Equipment Identity Register (CEIR) tracking system to combat mobile phone theft.

About the CEIR system:

  • Central Equipment Identity Register is a tracking system to combat mobile phone theft and facilitate the blocking and tracking of lost or stolen mobile phones across the country. CEIR serves as a central depository or database of International Mobile Equipment Identity (IMEI) numbers, models, versions, and other details of mobile devices.

Implementing Body:

  • Centre for Department of Telematics (CDoT).

Pan-India Deployment:

  • Ready for pan-India launch on May 17, 2023.

Key Features:

  • In-built mechanism to detect cloned mobile phones; Access to International Mobile Equipment Identity (IMEI) number and associated mobile number; Prevent revenue loss to the government; Mandate disclosure of IMEI number prior to mobile device sale; Block unauthorized mobile phones on telecom networks.

Success Story:

  • Karnataka Police used the CEIR system to recover and return over 2,500 lost mobile phones.

Existing Systems:

  • Apple has a tracking system through Apple ID for its devices, but Android phones face challenges in this regard.

Impact:

  • Use of stolen mobile phones will become futile.

Challenges:

  • Database maintenance authority; Cloning or reprogramming of stolen mobile phones; Potential blocking of authentic IMEI numbers when blocking cloned ones.

About IMEI numbers:

  • International Mobile Equipment Identity is a unique 15-digit code that precisely identifies the device. Mobile phone manufacturers assign IMEI numbers to each device based on ranges allotted to them by the Global System for Mobile Communications Association. Dual SIM phones will have two IMEI numbers.

Source The Hindu

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