Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 22
Mains level: Issues with preventive detentions
Preventive detentions in 2021 saw a rise by over 23.7% compared with the year before, with over 1.1 lakh people being placed under preventive detention, according to statistics released by the National Crime Records Bureau (NCRB).
What does NCRB report say on Preventive Detention?
- Over 24,500 people placed under preventive detention were either in custody or still detained as of 2021-end — the highest since 2017 when the NCRB started recording this data.
- Over 483 were detentions under the National Security Act, of which almost half (241) were either in custody or still detained as of 2021-end.
- In 2017, the NCRB’s Crime in India report found that 67,084 persons had been detained as a preventive measure that year.
- Of these, 48,815 were released between one and six months of their detention and 18,269 were either in custody or still in preventive detention as of the end of the year.
Various provisions invoked for Preventive Detention
- Among other laws under which the NCRB has recorded data on preventive detentions are the:
- Goonda Act (State and Central) (29,306),
- Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (1,331), and
- A category classified as “Other Detention Acts”, under which most of the detentions were registered (79,514).
- Since 2017, the highest number of persons to be placed under preventive detention has consistently been under the “Other Detention Acts” category.
Concerns over the report
- The number of persons placed under detention has been increasing since 2017 — to over 98,700 in 2018 and over 1.06 lakh in 2019 — before dipping to 89,405 in 2020 (due to lockdowns).
- The number of persons placed under preventive detention has seen an increase in 2021.
What is Preventive Detention?
- Preventive detention means detaining a person so that to prevent that person from commenting on any possible crime.
- In other words, preventive detention is an action taken by the administration on the grounds of the suspicion that some wrong actions may be done by the person concerned which will be prejudicial to the state.
Preventive Detention in India
A police officer can arrest an individual without orders from a Magistrate and without any warrant if he gets any information that such an individual can commit any offense.
- Preventive Detention Law, 1950: According to this law any person could be arrested and detained if his freedom would endanger the security of the country, foreign relations, public interests, or otherwise necessary for the country.
- Unlawful Activities Prevention Act (UAPA) 1968: Within the ambit of UAPA law the Indian State could declare any organization illegal and could imprison anyone for interrogation if the said organization or person critiqued/questioned Indian sovereignty territorially.
What is the difference between Preventive Detention and an Arrest?
- An ‘arrest’ is done when a person is charged with a crime.
- In the case of preventive detention, a person is detained as he/she is simply restricted from doing something that might deteriorate the law-and-order situation.
- Article 22 of the Indian Constitution provides protection against arrest and detention in certain cases.
Rights of an Arrested Person in India
A/c to Article 22(1) and 22(2) of the Indian constitution:
- A person cannot be arrested and detained without being informed why he is being arrested.
- A person who is arrested cannot be denied to be defended by a legal practitioner of his choice. This means that the arrested person has right to hire a legal practitioner to defend himself/ herself.
- Every person who has been arrested would be produced before the nearest magistrate within 24 hours.
- The custody of the detained person cannot be beyond the said period by the authority of magistrate.
Exceptions for Preventive Detention
Article 22(3) says that the above safeguards are not available to the following:
- If the person is at the time being an enemy alien
- If the person is arrested under certain law made for the purpose of “Preventive Detention”
Constitutional provision
- It is extraordinary that the framers of the Indian Constitution, who suffered most because of the Preventive Detention Laws, did not hesitate to give Constitutional sanctity.
- B.R. Ambedkar was of the opinion that the freedom of the individual should not supersede the interests of the state.
- He had also stated that the independence of the country was in a state of inflancy and in order to save it, preventive detention was essential.
Issues with preventive detention
- Arbitrariness: The police determinations of whether a person poses a threat are not tested at a trial by leading evidence or examined by legally trained persons.
- Rights violation: Quiet often, there is no trial (upto 3 months), no periodic review, and no legal assistance for the detained person.
- Abuse: It does not provide any procedural protections such as to reduce detainees’ vulnerability to torture and discriminatory treatment, and to prevent officials’ misusing preventive detention for subversive activities.
- Tool for suppression: In the absence of proper safeguards, preventive detention has been misused, particularly against the Dalits and the minorities.
What has the apex court recently rule?
- Preventive detention is a necessary evil only to prevent public disorder, ruled the Supreme Court in 2021.
- The State should not arbitrarily resort to “preventive detention” to deal with all sundry “law and order” problems, which could be dealt with by the ordinary laws of the country.
- Whenever an order under a preventive detention law is challenged, one of the questions the court must ask in deciding its legality is: was the ordinary law of the land sufficient to deal with the situation?
- If the answer is in the affirmative, the detention order will be illegal.
Upholding the Article 21
- Preventive detention must fall within the four corners of Article 21 (due process of law) read with Article 22 (safeguards against arbitrary arrest and detention) and the statute in question, Justice Nariman ruled.
- The Liberty of a citizen is a most important right won by our forefathers after long, historical, and arduous struggles.
Way forward
- Having such kind of acts has a restraining influence on the anti-social and subversive elements.
- India is a large country and many separatist tendencies against the national security and integrity existed and existing and a strict law is required to counter the subversive activities.
- The number of persons detained in these acts is not a very large and due attention is made before preventive detention.
- The state should have very effective powers to deal with the acts in which the citizens involve in hostile activities, espionage, coercion, terrorism, etc.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Sexual orientation as medical condition
The National Medical Commission (NMC), the apex regulatory body of medical professionals in India, has written to all State Medical Councils, banning sexual conversion therapy and calling it a “professional misconduct”.
What is the news?
- The NMC has empowered the State bodies to take disciplinary action against medical professionals who breach the guideline.
- The NMC was following a Madras High Court directive to issue an official notification listing conversion therapy as a wrong, under the Indian Medical Council (Professional Conduct, Etiquettes and Ethics) Regulations, 2002.
What is Sexual Conversion Therapy?
- Conversion or reparative therapy is an intervention aimed at changing the sexual orientation or gender identity of an individual.
- It uses either psychiatric treatment, drugs, exorcism and even violence, with the aim being to make the individual a heterosexual.
- The conversion therapy umbrella also includes efforts to change the core identity of youth whose gender identity is incongruent with their sex anatomy.
- Often, the therapy is offered by quacks with little expertise in dealing with the issue.
- As late as 2018, medical books listed homosexuality and lesbianism as a “perversion”.
What are the risks?
- The interventions under conversion therapy are provided under the false premise that homosexuality and diverse gender identities are pathological.
- They are not; the absence of pathology means there is no need for conversion or any other like intervention.
- Conversion therapy poses the risk of causing or exacerbating mental health conditions, like anxiety, stress and drug use which sometimes even lead to suicide.
What is the role of the Madras High Court in the ban?
On June 7, 2021, Justice N. Anand Venkatesh of the Madras High Court gave a landmark ruling on a case he was hearing about the ordeal of a same-sex couple who sought police protection from their parents.
- Pending adequate legislation more protective of the community, Justice Venkatesh issued a slew of interim guidelines.
- It aimed for the police, activists, Union and State Social Welfare Ministries, and the National Medical Commission to ensure their safety and security to lead a life chosen by them.
- The ruling prohibited any attempt to medically “cure” or change the sexual orientation of LGBTQIA+ (lesbian, gay, bisexual, transgender, queer, intersex, asexual or of any other orientation) people.
- It urged the authorities to take action against professionals involving themselves in any form or method of conversion therapy,” which could include the withdrawal of licence to practice medicine.
- On July 8, 2022, the court gave an order to the NMC directing it to issue necessary official notification by enlisting ‘Conversion Therapy’ as a professional misconduct.
What were some of the other guidelines issued by the court?
- The court asked the Ministry of Social Justice & Empowerment to draw up a list of NGOs and other groups which could handle the issues faced by the community, and gave it a time of 8 weeks from the date of the order.
- The court said the community should be provided with legal assistance by the District Legal Services Authority in coordination with law enforcement agencies.
- It asked agencies to follow the Transgender Persons (Protection of Rights) Rules, 2020, and the Transgender Persons (Protection of Rights) Act, 2019, in letter and spirit.
- The court said it was imperative to hold sensitisation programmes for an all-out effort to understand the community and its needs.
Way forward
- Schools and colleges must effect changes in curricula for a better understanding of the community.
- People of a different sexual orientation or gender identity often narrate harrowing tales of bullying, discrimination, stigma and ostracization.
- Gender-neutral restrooms should be compulsory in educational institutes and other places.
- Parents too need to be sensitised, because the first point of misunderstanding and abuse often begins at home, with teenagers being forced to opt for “conversion” therapies.
- Health professionals point out that even adults opting for sex reassignment surgeries need to get proper guidance like therapy pre and post operation.
Back2Basics: Transgender Persons (Protection of Rights) Act, 2019: Key Features
Defining Transperson
- The act defines a transgender person as one whose gender does not match the gender assigned at birth.
- It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.
Prohibition against discrimination
- It prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to education, employment, healthcare, access to, or enjoyment of goods, facilities, opportunities available to the public.
- Every transgender person shall have a right to reside and be included in his household.
- No government or private entity can discriminate against a transgender person in employment matters, including recruitment, and promotion.
HRD measures
- A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.
- Educational institutions funded or recognised by the relevant government shall provide inclusive facilities for transgender persons, without discrimination.
- The government must provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.
Grievances redressal
- The National Council for Transgender persons (NCT) chaired by Union Minister for Social Justice, will advise the central government as well as monitor the impact of policies with respect to transgender persons.
- It will also redress the grievances of transgender persons.
Legal Protection
- The Bill imposes penalties for the offences against transgender persons like bonded labour, denial of use of public places, removal from household & village and physical, sexual, verbal, emotional or economic abuse.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Economics, Infrastructure,Transport
Context
- The Indian Railways’ experiment to introduce AC III tier economy class coaches has started to pay off. Since its introduction, in the last one year, these coaches have earned the Railways more than Rs.230 crore in revenue.
What is AC III tier economy class coach?
- The AC 3 tier economy class in Indian Railways is a milestone concerning pocket-friendly traveling experience for common man.
- With fare slightly more than sleeper class and lower than conventional AC class.
- The objective of the railway is to move sleeper class passengers to a comfortable AC class with luxurious facilities. AC-3 tier comprises air-conditioned coaches with 64 sleeping berths.
When it is introduced?
- The Indian Railway has introduced the first AC III tier Economy Class for North Central Railway Zone in 2021 to provide a convenient traveling experience to the passengers.
- As of now 7 trains are equipped with AC III tier economy class coaches are running on the tracks
Features of the AC III tier economy coach:
- Pocket friendly: According to the Indian Railways, the fair in these coaches are cheaper than the normal AC three-tier coach. Fares in AC III tier economy are 6%-7% cheaper than the AC III tier class. The economy class has a capacity of 83 berths compared to 72 in the regular coach.
- Divyang friendly and modern designs: The coaches were specially designed for the convenience of the divyangs. Providing Improved and modular design of berths and ergonomically designed ladder for accessing the middle and upper berths etc.
- Modern features: In these, modern arrangements have been made for mobile phones and magazine holders, fire safety, personalised reading lights, AC vents, USB points, mobile charging points.
- Optimum Speed: These air-conditioned three-tier economy class coaches are capable of running at an optimum speed of 160 kilometers per hour.
- More Capacity: The economy class has a capacity of 83 berths compared to 72 in the regular coach.
What is the current status of AC III tier class?
- AC- III tier, the favorite mode of train travel of people falling in the bottom rung of the middle class, is the only class that earns the Railways profit among all its passenger services.
- The AC III tier is the only class of service which has generated consistent profits for the Railways. Between FY16 and FY20,
- AC III tier coaches carried only 1% of the total passengers, but were responsible for 21% of the earnings from travelers. Such a low-passenger, high-revenue dichotomy was not seen in any other class.
- It is not as expensive as the other AC classes and at the same time, its share in revenue has not been impacted by the relatively low pricing
- The overall revenue of Indian Railways at the end of August 2022 was Rs 95,486.58 crore, showing an increase 38 per cent over the corresponding period of last year.
- Goods revenue climbed by Rs 10,780.03 crore (or 20 per cent) to Rs 65,505.02 crore till August-end this year
- The revenue from passenger traffic was Rs 25,276.54 crore, an increase of Rs 13,574.44 crore (116 per cent) year-on-year.
- Passenger traffic also increased compared to last year in both the segments — reserved and unreserved
- Railways’ total revenue during the entire last fiscal (2021-22) stood at Rs.1,91,278.29 crore.
What are the issues faced by Indian railways to increase its revenue?
- Cross Subsidized: The cross-subsidiszation in respect of second class, ordinary class and suburban services has increased continuously in the past five years with subsidy on ordinary class being the maximum,
- Concessional fare: The revenue forgone in passenger earnings due to concessions to various categories of passengers (physically challenged persons, patients, senior citizens, Izzat monthly season tickets, press correspondents, sport persons and war widows among others) increased from Rs 1,994.83 crore in 2018-19 to Rs 2,058.61 crore in 2019-20.
- Low -Revenue dichotomy in Expensive class: A high-passenger, low-revenue dichotomy was seen in the inexpensive classes. For instance, over 90% passengers travelled by second class which accounted for only 37% of the earnings.
- Operational Loss: Operational losses (in crore) incurred while operating various classes of service. For instance, in operating AC first class service, the Railways incurred a loss of 403 crore in FY20
Conclusion
- Adding more AC III tier economy class coaches is a step in the right direction as it has shown positive result in revenue generation for railways and it provides a travel with dignity to a common man. But If Indian railway has to benefit it have to work extensively on operational loss incurred out of low Revenue dichotomy in Expensive classes.
Mains Question
Q. Indian Railways is often referred to as the lifeline of the country but runs at a loss when it comes to running class-divided coaches. In this context discuss the utility of class divided coaches.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Purchasing Managers’ Index
Mains level: Not Much
The services sector rebounded in August from a four-month low in July and created the most jobs in 14 years as input cost pressures eased to the slowest pace in 11 months, as per S&P Global India Services Purchasing Managers’ Index (PMI), which expanded to 57.2 last month, from July’s 55.5.
Purchasing Managers’ Index (PMI)
- PMI is an indicator of business activity — both in the manufacturing and services sectors.
- It is a survey-based measure that asks the respondents about changes in their perception of some key business variables from the month before.
- It is calculated separately for the manufacturing and services sectors and then a composite index is constructed.
- The PMI is compiled by IHS Markit based on responses to questionnaires sent to purchasing managers in a panel of around 400 manufacturers.
How is the PMI derived?
- The PMI is derived from a series of qualitative questions.
- Executives from a reasonably big sample, running into hundreds of firms, are asked whether key indicators such as output, new orders, business expectations and employment were stronger than the month before and are asked to rate them.
How does one read the PMI?
- A figure above 50 denotes expansion in business activity. Anything below 50 denotes contraction.
- Higher the difference from this mid-point greater the expansion or contraction. The rate of expansion can also be judged by comparing the PMI with that of the previous month data.
- If the figure is higher than the previous month’s then the economy is expanding at a faster rate.
- If it is lower than the previous month then it is growing at a lower rate.
What are its implications for the economy?
- The PMI is usually released at the start of the month, much before most of the official data on industrial output, manufacturing and GDP growth becomes available.
- It is, therefore, considered a good leading indicator of economic activity.
- Economists consider the manufacturing growth measured by the PMI as a good indicator of industrial output, for which official statistics are released later.
- Central banks of many countries also use the index to help make decisions on interest rates.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mohenjo Daro
Mains level: Not Much
Heavy floods in Pakistan has pushed the archeological site of Mohenjo Daro – near the bank of the Indus river – to the “brink of extinction”.
What is the news?
- Pakistan’s Department of Archaeology has said that Mohenjo Daro might be removed from the world heritage list, if urgent attention towards its conservation and restoration is not given.
About Mohenjo Daro
- Mohenjo Daro, a group of mounds and ruins, is a 5000-year-old archaeological site located about 80-km off the city of Sukkur.
- It comprises the remnants of one of two main centres of the ancient Indus Valley Civilisation, the other one being Harappa, located 640 km to the northwest, in Punjab province.
- Mohenjo Daro, which means ‘mound of the dead’, was one of the oldest cities of the world.
- Known to be a model planned city of the ancient civilisation, the houses here had bathrooms, toilets and drainage system.
- The sheer size of the city, and its provision of public buildings and facilities, suggests a high level of social organization.
- Though in ruins, the walls and brick pavements in the streets are still in a preserved condition.
How did it came to prominance
- The ruins of the city remained undocumented for around 3,700 years, until 1920, when archaeologist RD Banerji visited the site.
- Its excavation started in 1921 and continued in phases till 1964-65.
- The site went to Pakistan during Partition.
Other Indus Valley sites
- The Indus Valley Civilisation spanned much of what is now Pakistan and the northern states of India (Gujarat, Haryana and Rajasthan), even extending towards the Iranian border.
- Its major urban centres included Harappa and Mohenjo Daro in Pakistan, and Lothal, Kalibangan, Dholavira and Rakhigarhi in India.
- Mohenjo Daro is considered the most advanced city of its time, with sophisticated civil engineering and urban planning.
- When the Indus Valley Civilisation went into sudden decline around 19th century BC, Mohenjo Daro was abandoned.
What next for the site
- According to media reports, many streets and sewerage drains of the historical ruins have been badly damaged due to the floods.
- However, the work of removing the sediments deposited due the flooding is still underway.
- But if this kind of flooding happens again, the heritage site may once again get buried under the ground, archaeologists say.
- It is expected that UN Secretary General Antonio Guterres will visit the site during his visit to Pakistan on September 11.
- The visit might provide some clarity on if the site has lost some of its attributes that are necessary for it to retain its prestigious world heritage tag.
Losing world heritage tag
- There are around 1,100 UNESCO listed sites across its 167 member countries.
- Last year, the World Heritage Committee decided to delete the property ‘Liverpool – Maritime Mercantile City’ (UK) from the World Heritage List.
- This was due to the irreversible loss of attributes conveying the outstanding universal value of the property.
- Liverpool was added to the World Heritage List in 2004 in recognition of its role as one of the world’s major trading centres in the 18th and 19th centuries – and its pioneering dock technology, transport systems and port management.
- Before that, the first venue to be delisted by the UNESCO panel was the Arabian Oryx Sanctuary in Oman, in 2007, after concerns over poaching and habitat degradation.
- Another site to be removed from the World Heritage list in 2009 was Elbe Valley in Dresden, Germany, after the construction of the Waldschloesschen road bridge across the Elbe River.
Back2Basics: UNESCO World Heritage Sites
- A World Heritage Site is a landmark or area, selected by the UN Educational, Scientific and Cultural Organization (UNESCO) for having cultural, historical, scientific or other forms of significance, which is legally protected by international treaties.
- The sites are judged to be important for the collective and preservative interests of humanity.
- To be selected, a WHS must be an already-classified landmark, unique in some respect as a geographically and historically identifiable place having special cultural or physical significance (such as an ancient ruin or historical structure, building, city, complex, desert, forest, island, lake, monument, mountain, or wilderness area).
- It may signify a remarkable accomplishment of humanity, and serve as evidence of our intellectual history on the planet.
- The sites are intended for practical conservation for posterity, which otherwise would be subject to risk from human or animal trespassing, unmonitored/uncontrolled/unrestricted access, or threat from local administrative negligence.
- The list is maintained by the international World Heritage Program administered by the UNESCO World Heritage Committee, composed of 21 “states parties” that are elected by their General Assembly.
UNESCO World Heritage Committee
- The World Heritage Committee selects the sites to be listed as UNESCO World Heritage Sites, including the World Heritage List and the List of World Heritage in Danger.
- It monitors the state of conservation of the World Heritage properties, defines the use of the World Heritage Fund and allocates financial assistance upon requests from States Parties.
- It is composed of 21 states parties that are elected by the General Assembly of States Parties for a four-year term.
- India is NOT a member of this Committee.
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Revenue of