03 Jan 2023: UPSC Exam Comprehensive News Analysis

B. GS 2 Related

Category: POLITY

1. What is the new delimitation exercise by Assam?

Syllabus: Powers, functions and responsibilities of various Bodies

Prelims: About Delimitation Commission and exercise

Mains: Issues over Delimitation in the Northeast Region

Context

The Election Commission of India (ECI) notified the start of the delimitation exercise of Assembly and Parliamentary constituencies in Assam.

Delimitation Exercise Delimitation is the process of redrawing the boundaries of Lok Sabha and State Assembly constituencies based on a recent census. The delimitation exercise is undertaken to ensure each seat has an almost equal number of voters and is usually carried out every few years after a Census. The delimitation exercise is undertaken by an independent Delimitation Commission formed under the provisions of the Delimitation Commission Act. Know more about – Delimitation Commission and exercise

For more information about the issue, refer to the following article:

UPSC Exam Comprehensive News Analysis dated 02 Jan 2023

E. Editorials

Category: INDIAN CONSTITUTION AND POLITY

1. The case against state control of Hindu temples

Syllabus: Significant provisions of Indian Constitution – Secularism.

Mains: State Control of Hindu Temples and associated concerns.

Prelims: Secularism, Article 25.

Details:

• The Constitution makers, aware of the temple entry movement, purposely provided a separate power under Article 25(2)(b). 
  • Article 25(2)(b) authorizes the state to enact laws “providing for social welfare and reform or the throwing open of Hindu religious institutions” to “all classes and sections of Hindus”. 
• Thus, the issue of regulating secular aspects of religious practice is different from granting access to worship. This is the reason that there are distinct laws for temple control and temple entry. The laws co-exist and are independent of each other.

Also read: Right to Freedom of Religion [Articles 25 – 28]

Background details:

• Shirur Mutt Judgment (1954)
  • In the judgment of the Supreme Court (seven judges bench), Justice B.K. Mukherjea substantially obliterated the Madras Hindu Religious and Charitable Endowments (HR&CE) Act, 1951, labelling the impugned provisions as “extremely drastic” in character. 
  • The Advocate General of Madras also questioned the legality of the provisions of the act.
  • As a consequence of the Shirur Mutt judgment, the legislature of the erstwhile Madras State enacted in 1954 an amendment Act which removed the defects pointed out by SC. 
• Sudhindra Thirtha Swamiar v. Commissioner Case
  • The amended act was again challenged in 1955 before the Madras High Court. It was also struck down as it suffered from the same defects as the original enactment. 
• Sri Jagannath v State of Orissa (1954) and Sadasib Prakash Brahmachari v. The State of Orissa (1956)
  • The Orissa Hindu Religious Endowments Act, 1939 was struck down twice by the apex court — first in Sri Jagannath v State of Orissa (1954) and then in Sadasib Prakash Brahmachari v. The State of Orissa (1956).

Impact of Temple Control Legislation:

• It is argued that in the guise of administering Hindu religious endowments, the state is encroaching upon religious affairs and the temples cannot even conduct pujas as the state has depleted their income. There is large-scale misappropriation of funds that have been unearthed by temple activists and is a matter of public record now.
• According to the HR&CE policy note of 2012-13, Hindu temples own approximately  4,78,545 acres of prime agricultural land; nearly 22,599 buildings; and almost 33,627 sites covering 29 crore sq. ft in area, whose estimated value would be around ₹10 lakh crore. 
• However, the income realized by the Tamil Nadu HR&CE Department is only ₹120 crore per year. This is comparatively less than the amount collected from temples as an ‘administrative fee’. 
• Moreover, it is found that the HR&CE Department collects hundreds of crores as a ‘Common Good Fund’, which has been objected to by the judiciary. 
• The Department has itself admitted that almost 47,000 acres of Hindu temple land have been usurped since 1986 under its “watch”.
• The Madras High Court in a 2021 judgment gave 75 directions covering aspects like heritage conservation, protecting and realizing due income from temple properties, audit, the safety of vigrahams, appointment of trustees, and formation of tribunals for speedy dispute resolution. 
• However, it is alleged that not even a single direction has complied. Furthermore, the state is silencing temple activists by initiating arbitrary criminal action against them.
• On May 12, 2022, in a Public Interest Litigation (PIL) seeking the removal of executive officers functioning in 47 temples without any orders of appointment, a Division Bench of Madras HC ordered the production of records. The Department has failed to submit a single record till now. 
• Additionally, no external audit is being conducted for temples under HR&CE, and there are almost 1.5 million audit objections pending resolution since 1986.

Conclusion:

• It is a well-established fact, particularly after the 42nd Amendment, that secularism implies that the state cannot mix with religion. 
• The purpose of temple management is to involve the community.
• It is suggested that the evils of the state perpetuated in the name of ‘secular management’ must be remedied at the earliest.

Also read: Secularism in India

Nut Graf: The main aim of temple management by the state is public participation and building consensus among them. However, this has been somewhat hidden due to certain state officials overpowering the temple administration and its religious functioning. It is thus suggested that in order to maintain the true spirit of secularism such practices should be remedied at the earliest.

Category: POLITY AND GOVERNANCE

1. Towards reducing India’s prison footprint

Syllabus: Government policies and interventions and issues arising out of their design and implementation.

Mains: Concerns associated with prisons in India.

Context: Recent proposal to establish a prison complex in Narela, Delhi.

Details:

• During the Constitution Day celebrations (26th November 2022), President Droupadi Murmu shared her experience of visits to prisons across India. She highlighted the plight of prisoners who were incarcerated for prolonged periods for minor offences and the struggles of their poor families.
• She further emphasized that the legislature, executive, and judiciary should work together to address this issue. She also questioned the building of prisons to solve the problem of overcrowding.
• However, in stark contrast, the Delhi Development Authority (DDA) has been directed to allocate 1.6 lakh square metres of land to Delhi’s prison department to build a district prison complex. 

Prison architecture and associated concerns:

• The Delhi prison would be constructed in two phases – the first for high-risk offenders and the second for undertrials.
• Phase 1 (expected to be completed by April 2024) would comprise a high-security jail with a capacity of 250 high-risk prisoners. The stringent security measures would be incorporated into the design like high walls between cells to prevent inmates from viewing and interacting with each other, office spaces between cells to facilitate better surveillance, etc.
• According to the French philosopher, Michel Foucault,  prison architecture is often used as a tool to surveil, torture, and break the souls of inmates. With the newly proposed design of Delhi prison, the administration is looking forward to creating solitary confinement. It should be noted that this can have a serious impact on prisoners’ mental health.
• At the Yale School of Architecture in 2017 students of Architecture and Mass Incarceration were asked to design a prison facility for extremely violent offenders as their final project. The models featured open and communal spaces, fresh air, and places for family visits and therapy. 

Status of Indian Prisons:

• In India, prisons are governed by the Prisons Act, 1894, which is a colonial law. It is argued that it treats prisoners as sub-standard citizens, and provides the legal basis for punishment to be retributive instead of rehabilitative. 
• It is also suggested that the laws are highly casteist and have largely remained unchanged since their formulation. For instance, some jail manuals still emphasize purity as prescribed by the caste system, and the work in prison is assigned on the basis of the prisoner’s caste identity.
• Furthermore, Dalits and Adivasis are over-represented in Indian prisons. The National Dalit Movement for Justice and the National Centre for Dalit Human Rights’ report ‘Criminal Justice in the Shadow of Caste’ explains the social, systemic, legal, and political barriers behind this finding. 
• It should be noted that legislation like the Habitual Offenders Act and Beggary Laws targets them for reported crimes.
• The main reason behind overcrowded prisons in India is that the government has not done enough to truly prevent crime. The approach adopted is reactive instead of preventive.

For more information on prison reforms, read here: 23 Oct 2018: UPSC Exam Comprehensive News Analysis

Way Ahead:

• President of India during her Constitution Day speech has insightfully noted that progress is antithetical to setting up prisons. Thus the congestion in prisons should be addressed in non-carceral ways. Some measures can be to release unwell/old inmates, reduce penalties, allow bail at affordable costs, expedite trials, etc.
• The public funds should be channelized towards public goods like housing, education, and employment so that people are not forced to commit crimes.
• Justice U.U. Lalit’s recent judgment (three-judge bench of the Supreme Court) quoting Oscar Wilde while commuting a death sentence, that ‘Every saint has a past, and every sinner has a future’ should be imbibed.

Also read: Reforms in Criminal Justice System

Nut Graf: The speech of the President of India has rightly highlighted the plight of poor prisoners. It is suggested that instead of constructing new buildings to address the issue of overcrowded prisons, efforts should be made to reform prison laws in India which are centuries old.

Q1. Which of the following statements is/are correct? (Level - Difficult)

Q2. The primary objective of the Vibrant Villages Programme (VVP) is to - 
(Level - Moderate)

Q3. The government has proposed to regulate online gaming under the provisions 
of - (Level - Moderate)

Q4. The recently launched ‘SMART’ initiative for quality research focuses on 
which sector? (Level - Moderate)

Q5. With reference to Asian Infrastructure Investment Bank (AIIB), consider the 
following statements - (Level - Moderate) PYQP (2019):

I. UPSC Mains Practice Questions

1. State management of temples is often justified as a way of ensuring access to temples for worshippers and priests. Critically analyse. (10 Marks, 150 Words) [GS-2, Polity]
2. Overcrowded prison conditions pose multiple legal, financial, and moral problems to the States. Providing alternative punishments and encouraging law reform is the need of the hour. Comment. (15 Marks, 250 Words) [GS-2, Polity & Governance]

Read the previous CNA here.