10 Aug 2018: UPSC Exam Comprehensive News Analysis

Context

• In the case of trafficking, despite the 2013 law (Criminal Law (Amendment) Act. Section 370 of the Indian Penal Code (IPC) with Sections 370 and 370A, which defined trafficking and laid out the punishment for it.
• There has been an increase in the number of victims of human trafficking.
• It is to tackle this menace that the comprehensive Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018, was passed.
• Instead of mere criminalization, the Bill seeks to systematically combat the organized nature of trafficking.

Advantages

• The Bill ties together the approaches of prevention, rescue and rehabilitation to create a robust policy framework against trafficking.
• The bill enforces for search and seizure; rescue and medical examination of persons; and safety, care and protection of persons rescued. Punishment for omission of duty is welcomed too, if it does not omit the government officials, including the police, from its ambit.
• It places at its core the rights and welfare of victims of human trafficking.
• There are aggravated forms of trafficking which have been introduced, such as trafficking for the purpose of begging, or bearing a child, or for the purpose of marriage or under the pretext of marriage by administering narcotic drugs, hormones, or chemical substances for the purposes of early sexual maturity, and so on.
• Under the Bill, prosecution under these offences will be made timely and efficient by special public prosecutors.
• The Bill provides protection to witnesses. It also seeks to maintain the confidentiality of victims by recording their statements through video conferencing and by in camera proceedings. It states that there will be time-bound trials and repatriation of victims.
• A rehabilitation fund has been introduced for the first time. This will be used for the physical, psychological and social well-being of victims. The Bill seeks to build the capacity of victims by providing capital, infrastructure, education and skill development to empower them to access justice and to prevent further trafficking.
• Trafficking is an organized crime. In order to break the organized nexus, at the national and international levels, the Bill proposes attachment and forfeiture of property and to remit the proceeds of crime in the rehabilitation fund. It will also freeze bank accounts of those whose funds have been utilized to facilitate trafficking. By doing this, the Bill handicaps the organized trafficking networks.
• A database of every crime under this Act is maintained in the database of the bureau.
• Such systematic surveillance of offenders will, not only help prevent trafficking but preempt it.

Disadvantages

• Most clauses have little to do with trafficking and more do to with imposing surveillance as it’s vague and over-broad.
• The mere word “traffic” is not justified in true sense.-‘Traffic’ means to trade something. It’s a transaction, and refers to the act of buying and selling. It is pejorative when the transaction involves prohibited goods such as narcotics or firearms or if it involves people. Article 23 of the Constitution prohibits “traffic in human beings and forced labor”. This means that human beings cannot be bought and sold.
• Thus this provision of the anti-trafficking Bill which criminalizes the act of “buying or selling a person,” the rest of the clauses do not address this aspect at all
• They either criminalize acts that are already punishable under other laws or proscribe activities that are not only legitimate but also constitutionally protected
• For example – “trafficking for the purpose of begging”. It is already a criminal offence under anti-begging laws. Similarly, unauthorized immigration of citizens and foreigners is dealt with under the Passports Act, 1967, and the Foreigners Act, 1946, respectively. There is nothing novel in the proposed offence
• The Bill also states that “whoever solicits or publicizes electronically, taking or distributing obscene photographs, videos, providing materials, soliciting, guiding tourists, using agents or any other form which may lead to the trafficking of a person shall be punished with rigorous imprisonment.”-it’s a contradiction because this means that no trafficking needs to take place; a remote possibility is sufficient to prosecute persons and shut down websites. Similar provisions of the Information Technology Act, 2000, were struck down by the Supreme Court for being vague and over-broad.
• The Bill is silent on many types of trafficking, such as trafficking for supply chains, commercial surrogacy, clinical trials, human organ trade, intergenerational trafficking, orphanage tourism and sex tourism. It also doesn’t incorporate the long-pending demands for ‘demand reduction’ and ‘non-institutionalized rehabilitation’.
• The Bill dissipate because of its interplay with existing laws, which have not been overruled or repealed. For example the anti-trafficking Bill relies on Section 370 of the IPC to define and establish that an offence of trafficking of persons has taken place. Section 370 was introduced in 2013 on the recommendation of the Justice Verma Committee. In order to try offences under the Bill, the prosecution will have to first prove the subsections of Section 370, which are that the victim was transported, recruited, harboured, received or transferred for the purposes of exploiting her/him by using force, abduction, deception, or by abuse of power. Only then will the provisions of the Bill take effect.
• In an age when an institutional approach for victim care is rapidly discredited and the demand for non-institutional approach is growing, the Bill adds two more unnecessary and vaguely defined institutions: protection homes and rehabilitation homes.
• Also the term ‘victim’ appears several times in the Bill but is shoddily defined. Through Section 59, the Bill overrides a better definition of ‘victim’ given in the Code of Criminal Procedure. Going by the established practice, a victim is one who is ‘rescued’ by the raiding police. So, those rescued by NGOs, parents, friends, and so on are not victims.
• Hence Instead of strengthening the existing anti-trafficking laws, the Bill calls for another law, one that is uncalled-for and sloppily drafted. The Bill clashes with existing laws, which will lead to confusion.
• The Bill don’t state the concept of ‘rehabilitation’. Section 30 (5) in a proper manner as it makes the rehabilitation fund available to the bureaucracy for prevention, protection and prosecution. The Bill is by a well-intentioned Ministry with wrong advisers and is a wasted opportunity
• No new courts or judges are exclusively dedicated to trafficking cases on priority. This move will only undo the gains of the past many decades of evolving more sensitive and specialised courts such as Immoral Traffic (Prevention) Act courts, Protection of Children from Sexual Offences courts, and family courts.

F. Tidbits

1. Ministry rejects low score on green health

• A committee set up by the Securities and Exchange Board of India (SEBI) has recommended giving the capital market watchdog direct powers to intercept phone calls for better investigation while strengthening the regulations to act against perpetrators of financial statements fraud.

Recommendations

• The committee has recommended that SEBI may seek direct power to intercept calls to aid in investigation, akin to the power granted to the Central Board of Direct Taxes.
• However, proper checks and balances must be ensured for use of the power.
• Currently, the regulator has powers to seek call data records as part of its probes, but the committee is of the view that the regulator needs more powers to assist in its regulatory responsibilities.
• In what could mean giving SEBI more teeth to act against auditors and CAs, the panel has also recommended powers to take direct action against perpetrators of financial fraud.
• The panel is in favour of including a new sub-section within the SEBI Act to prohibit schemes or artifices to manipulate the books of accounts and financial statements or to hide diversion, misutilisation or siphoning of public issue proceeds.
• The panel has proposed broadening the ambit of manipulative and unfair trade practices, stating that listed firms should have policies to deal with leaks of unpublished price sensitive information.

• The Chief Justice is presiding over a five-judge Constitution Bench hearing petitions to bar politicians facing charges of heinous crimes, like murder, rape and kidnapping, from contesting elections and transforming themselves into parliamentarians and legislators.
• Under the Representation of the People Act, only convicted lawmakers are disqualified, not those accused.

Observations

• The Supreme Court said it could not legislate for Parliament. The court declares the law, the Parliament makes the law.
• Fast track courts to try accused politicians are the only solution.
• The charges in such cases are kept pending for long as witnesses don’t testify as the Whistleblowers Protection Act, which protects informers, is too weak to protect them or their families from repercussions.

• Venezuela’s crude shipments to India, its third largest export market after the U.S. and China, fell 21% in the first six months of the year, but the country’s Ambassador in Delhi has said plans are on to boost production at home and that oil trade with India will continue unabated despite U.S. sanctions.
• Venezuela has been affected by U.S. sanctions. As a result, production has come down.
• Oil is the world’s most wanted resource. And Venezuela has the world’s largest certified oil reserves.
• It also has huge coltan reserves (a dull black metallic ore, from which the elements niobium and tantalum are extracted, used to manufacture batteries for electric cars and primarily for the production of tantalum capacitors, used in many electronic devices).
• India had assured Venezuela that it would not support unilateral sanctions.

• Having procured an all-time high amount of pulses from farmers over the past two years, the Centre has now decided to offload stock from its overflowing warehouses by selling it to States for use in welfare schemes at a discount of Rs.15 per kg over the wholesale rate.
• The Cabinet Committee on Economic Affairs has approved the plan to sell almost 35 lakh tonnes of tur, channa, masoor, moong and urad dal.
• In order to clear space for the procurement this season, the Centre has decided to offer 34.88 lakh tonnes of pulses to the States for use in ration shops under the public distribution system or in welfare schemes such as mid-day meals or the Integrated Child Development Programme.
• This will be a one-time dispensation for a period of 12 months or till the stock runs out.
• The scheme is likely to cost the exchequer Rs.5, 237 crore.

Background

• Farmers have seen record harvests of pulses in the past two years, resulting in a sharp drop in prices.
• With the government making market interventions to protect farmers’ interests, price support schemes have been widespread in many States.
• This has led to a record procurement of 45.43 lakh tonnes of pulses.

G. Prelims Fact

1. World Biofuel Day Programme

 

• The United Arab Emirates (UAE) has emerged as the top source of inward remittances, while Kerala has received the maximum funds sent from abroad, according to the Reserve Bank of India’s survey of inward remittances for 2016-17.
• UAE’s share in total remittances was 26.9%, followed by the United States (22.9%), Saudi Arabia (11.6%), Qatar (6.5%) and Kuwait (5.5%).
• According to the survey, 82% of the total remittances received by India originated from eight countries — UAE, the U.S., Saudi Arabia, Qatar, Kuwait, Oman, the United Kingdom and Malaysia.
• Among destinations, Kerala has the highest share with 19%, followed by Maharashtra (16.7%), Karnataka (15%), Tamil Nadu (8%) and Delhi (5.9%).
• Kerala, Maharashtra, Karnataka and Tamil Nadu together received 58.7% of total remittances.
• More than half of remittances received by Indian residents were used for family maintenance, i.e., consumption (59.2%), followed by deposits in banks (20%) and investments in landed property and shares (8.3%).
• The rupee drawing arrangement (RDA) is the most popular channel of remittances which accounts for 75.2% of remittances, followed by SWIFT (19.5%), direct transfers (3.4%) and cheques and drafts (1.9%).
• Private banks got the lions share in total remittances with 74.1%, while public sector banks share was 17.3% and the remaining with foreign banks.

• The National Sports University Bill and the Homoeopathy Central Council (Amendment) Bill were passed in the Rajya Sabha.

The National Sports University Bill

• The National Sports University Bill, for setting up of a National Sports University in Manipur to promote education in areas of sports sciences, technology, management and coaching, was discussed and passed.
• The university would also function as the national training centre for select sports disciplines by adopting best international practices.
• It will also impart training to elite athletes, sports officials, referees, and umpires and evolve as centres of excellence in the various disciplines of sports.
• The legislation empowers the university to set up outlying campuses throughout the country and also abroad.
• A sportsperson will be the vice-chancellor, and the university’s academic council will also consist of sportspersons.
• The central government has the full authority and control over the institution which, therefore, will not be autonomous.

The Homoeopathy Central Council (Amendment) Bill

• The Homoeopathy Central Council (Amendment) Bill, as cleared by the Lok Sabha, was passed by voice vote.
• It provides for replacement of the Central Council of Homoeopathy with a board of governors, which will exercise the powers of the Central Council.
• The Central Council regulates homoeopathic education and practice.
• The Board of Governors will consist of up to seven members including: (i) persons of eminence in the field of homoeopathy education, and (ii) eminent administrators, appointed by the central government.
• The central government will select one of these members as the Chairperson of the Board.
• With regard to policy decisions, the directions of the central government will be final.

H. Practice Questions for UPSC Prelims Exam

I. UPSC Mains Practice Questions

1. The digital divide in India still remains a challenge to the developmental goals. It has not been able to prove itself as a revolutionary tool in bridging the divide in the society. Critically analyze.
2. Article 35A of the Indian Constitution, which empowers the Jammu and Kashmir state’s legislature to define permanent residents of the state and provide special rights and privileges to those permanent residents, is currently being challenged in the Supreme Court. Discuss the circumstances in which it was brought about and the significant role that it plays in India’s reconciliation efforts vis-à-vis Kashmir.

    

Also, check previous Daily News Analysis