20 February 2023

DAILY CURRENT AFFAIRS ANALYSIS

1 – Railway Protection Force: GS III – Topic Internal Security of India:

Context:

• In order to increase security at railway stations, the Indian Railways is considering adopting facial recognition technology in 200 stations, according to Director-General (DG) of the Railway Police Force (RPF) Sanjay Chander.
• A trial operation in Bangalore that employed about 30 top-notch CCTV cameras and cutting-edge software was successful in detecting “wanted” individuals and sending RPF alerts. Our research shows that even when a person is hidden or wearing a mask, the facial recognition algorithms are extremely trustworthy. According to Mr. Chander, the algorithm will identify any distinguishing characteristic, such as cheekbones or eyes, and give out messages if we have a similar picture on our wanted list.

What is the Railway Protection Force?

• The RPF contingent is a part of the military forces of the Indian Union. It is a security division under the control of the Indian Railways Ministry.
• The RPF’s history began in 1882, when various railroad businesses chose their own guards to protect railroad property.
• The force was created as a statutory force by an act of Parliament in 1957. After that, in 1985, it became a part of the Indian Union’s armed forces.
• Once the RPF Rules were enacted in 1959, the RPF Regulations were published in 1966. The Police were given some limited authority to hold and prosecute those associated with railway property in 1966 thanks to the Railway Property (Unlawful Possession) Act.
• The major charge of maintaining the safety of railroad property has been handed to RPF. Although the provisions of the RPF Act were rapidly found to be insufficient for upholding an effective and orderly Force, the RPF Rules and Regulations were also swiftly demonstrated to be legally flawed.
• In 1985, Parliament amended the RPF Act, 1957 to create and maintain the Force as an armed force of the Union.
• This Force takes pleasure in portraying a really national character and image due to the fact that it hires individuals from around the country. The Force has grown in esteem and fame since its inception.

 Source The Hindu

2 – Sickle Cell Anaemia: GS II – Topic Health-related issues:

Context:

• The blood disorder sickle cell anaemia, which is inherited, was mentioned in this year’s budget (SCA). According to Finance Minister Nirmala Sitharaman, the government would operate in “mission mode” to eradicate the illness by 2047. India is the second worst-affected country in terms of expected babies with SCA or the likelihood of having the condition.
• According to a 1910 report by a doctor by the name of James Herrick, an anaemic student from Granada, Spain, had abnormal red blood cells. These blood cells were distinct because they differed from the conventional globular form with an indented centre, like a doughnut with a hole, in that they were shaped like a sickle, similar to the letter C. This was the first description of sickle cell anaemia in western medical literature.

About:

• a severe systemic disease brought on by a persistent single gene deficiency Acute painful episodes, organ infarction, ongoing organ damage, chronic anaemia, and a considerably reduced life expectancy are all symptoms of SCD.

Symptoms:

Although the symptoms of sickle cell disease might vary, the following are some typical ones:

• Weakness, pallor, and exhaustion are some of the signs of chronic anaemia.
• The arms, legs, chest, and back can experience jolting, intense pain during painful episodes, also known as sickle cell crisis.
• slowed growth and puberty.

Treatment:

• Transfusions of blood can treat anaemia and reduce your risk of developing pain crises.
• A medication called hydroxyurea has the potential to reduce the frequency of painful episodes and halt some of the disease’s long-term symptoms.
• A stem cell or bone marrow transplant may also be used to treat it.

Governmental Actions Against SCD:

• The government released technical operational recommendations in 2016 for the care and prevention of hemoglobinopathies, including sickle cell anaemia.
• Integrated clinics have been established for treatment and diagnostics in 22 tribal districts.
• The State Haemoglobinopathy Mission was created by Madhya Pradesh to address the challenges associated with diagnosing and treating the disorder.

 Source The Hindu

3 – Sealed Cover Jurisprudence: GS II – Topic Judiciary-related issues:

Context:

• The government’s “suggestions” for the formation of a committee to look into the Hindenburg report on the Adani Group were vehemently rejected by the Chief Justice of India, D.Y. Chandrachud, in a sealed cover. This shows how seriously the Supreme Court takes the threat posed by “sealed cover jurisprudence” to the basic legitimacy of the legal system. The three-judge bench headed by the Chief Justice of India made the decision to keep the government’s sealed cover at a distance and conduct “its own thinking,” which made it clear that the discussion on sealed covers was no longer an academic debate on how to strike a balance between the need to protect national security and the right to know.

 What exactly is sealed cover law?

• It is a custom followed by the Supreme Court and occasionally by lesser courts to request or accept information from government organisations in envelopes that can only be opened by judges.
• The theory of sealed cover is not specifically defined by law, but the Supreme Court has the authority to utilise it due to Rule 7 of Order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.

Rule 7 of Supreme Court Rule XIII reads as follows:

• The regulation states that no party shall be permitted access to the contents of any information that the Chief Justice or court commands be kept under sealed cover or believes to be of a confidential nature, unless the Chief Justice himself orders that the opposing party be permitted access.
• Additionally, it makes note of the possibility of maintaining information’s confidentiality in cases when the public is not thought to benefit from its disclosure.
• Section 123 of the Indian Evidence Act of 1872 protects official, unpublished records pertaining to state business and prohibits public officials from being forced to turn up such materials.
• When disclosing details that are part of a police case diary may jeopardise an ongoing investigation, those situations are examples of when material may need to be held in confidence or secret.

What drawbacks exist with the sealed cover doctrine?

• The idea of an open court, where judgements can be made available for public review, is opposed by this, which is not in favour of the ideals of transparency and accountability of the Indian legal system.
• Evidence “must be disclosed with both parties to the dispute” in any adjudication process, particularly one involving fundamental rights.

Limit the Reasoning’s Range:

• to provide judges more leeway to act arbitrarily when making decisions in court because they are required to provide a justification for their choices but cannot do so when those choices are based on personal information.
• Further debated is the propriety of granting the state the right to submit sensitive information in secret when current safeguards, including closed-door hearings, already adequately protect it.

Getting in the Way of a Fair Trial and Decision:

• Another argument makes the case that denying the accused party access to such materials prevents them from receiving a fair trial and ruling.

Unpredictable in Nature:

• Instead of being a standard procedure, sealed covers depend on individual judges looking to support a claim in a specific case. As a result, the practise is haphazard and arbitrary.
• What is the Supreme Court’s Position on Sealed Cover Law?
• The Israeli Supreme Court’s former Chief Justice Aharon Barak proposed the proportionality test, which the top court accepted in Modern Dental College v. State of Madhya Pradesh (2016). According to Barak, “a limitation of a constitutional right will be constitutionally legitimate if:
• It is intended for an appropriate use.
• The implementation of those restrictions is reasonably related to the accomplishment of that goal.
• The actions chosen are necessary since there are no other options that could accomplish the same goal with fewer restriction.
• The value of accomplishing the correct goal and the societal importance of preventing the restriction on the constitutional right must be properly related (referred to as “proportionality stricto sensu” or “balancing”).
• S. Puttaswamy v. Union of India reaffirmed this (2017).
• The Supreme Court ruled in 2019 that disclosure of papers to the accused is legally required, even if the inquiry is ongoing and documents may provide new information. The ruling was made in the matter of P. Gopalakrishnan v. The State of Kerala.
• The Delhi High Court was criticised by the Supreme Court in the INX Media case in 2019 for basing its decision to grant bail to the former union minister on paperwork provided by the Enforcement Directorate (ED) in a sealed cover.

Way Ahead:

• Because it holds the administration accountable, the judicial review process is important.
• When basic rights like free expression are restricted, the executive must persuasively defend its actions. The executive branch is not free to issue arbitrary orders that violate these rights under India’s Constitution.
• A court that remains silent throughout any presidential action is a simple example of democratic disintegration.
• When a claim is made that an action has restricted fundamental rights, the court is required to consider the action’s legality from the perspective of proportionality.

 Source The Hindu

4 – Disqualification of MPs/MLAs: GS II – Topic Election-related issues:

Context:

• An intriguing question regarding P.P. Mohammed Faizal’s disqualification has been raised by the case in which the Kerala High Court, in January of this year, suspended the verdict issued by the Kavaratti District and Sessions Court (in an attempt to murder case) that sentenced the then-reigning Member of Parliament (MP) of Lakshadweep and Nationalist Congress Party leader to 10 years in prison. The question is whether a conviction disqualifies a person permanently or if it can be overturned. Every time a legislator is removed from office, this problem may develop. This does not happen very often – Abdullah Azam Khan, an assemblyman from the Samajwadi Party, was recently removed from the Uttar Pradesh legislature.

What justifications exist for a member’s exclusion from either House of Parliament?

• Disqualification of MPs and MLAs on the basis of holding office for profit is a contentious issue that is up for debate across the country. Beginning on March 17, 2006, with retroactive effect going back to July 14, 2004, Jaya Bachchan, a member of the Samajwadi Party, was disqualified from serving in the Rajya Sabha. The dispute quickly developed into a constitutional crisis, and various state administrations hurried to preserve their bases of authority.

Members of Parliament and MLAs are subject to different disqualification rules. According to our constitution, the following situations give the Parliament the authority to pass legislation on membership qualification and disqualification:

• He holds a position of profit in the Indian or a state government that is not one for which the holder is exempt from disqualification under a law passed by Parliament.
• A competent court has determined that he is mentally ill.
• He is an unsatisfied insolvent.
• He has been declared ineligible by or pursuant to any law of Parliament because he is not an Indian citizen, has acquired citizenship of a foreign state willingly, or is subject to any acknowledgement, allegiance, or adherence to a foreign state. It is applicable in the event of “defection,” as defined in the eleventh schedule.
• The President will decide on any controversy involving a member of parliament’s disqualification based on the recommendations of the Electoral Commission. shall, in accordance with Article 103, be conclusive. The speaker, chairman, or Rajya Sabha, depending on the situation, will determine in the event of disqualification due to defection.

Source The Hindu