16 May 2023: UPSC Exam Comprehensive News Analysis

A. GS 1 Related
SOCIAL ISSUES
1. On sexual harassment in the workplace
B. GS 2 Related
C. GS 3 Related
ECONOMY
1. What are the gaps in the AePS transaction model?
D. GS 4 Related
E. Editorials
POLITY
1. Delving into the verdict on the Shiv Sena issue
2. A Court recall that impacts the rights of the accused
F. Prelims Facts
G. Tidbits
1. One-stop centres for zero waste to be launched in cities
2. Defence Ministry’s iDEX reaches milestone
H. UPSC Prelims Practice Questions
I. UPSC Mains Practice Questions

A. GS 1 Related

Category: SOCIAL ISSUES

1. On sexual harassment in the workplace

Syllabus: Women-related issues

Prelims: About PoSH Act

Mains: Details about PoSH Act, Supreme Court’s observations and various hurdles to the implementation of the Act

Context

The Supreme Court of India has observed “serious lapses” and “uncertainty” regarding the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act).

PoSH Act

• While hearing the Vishakha v/s State of Rajasthan case (Vishakha Case), the Supreme Court acknowledged the absence of a law that protects women against “sexual harassment at workplaces” and laid down a set of guidelines named “Vishakha Guidelines” in 1997.
• In 2007, the Protection of Women against Sexual Harassment at Workplace Bill was introduced by the then Women and Child Development Minister which was amended multiple times and was finally passed in December 2013, as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act or the PoSh Act.
• According to the PoSH Act, sexual harassment includes acts such as physical contact and sexual advances, a demand or request for sexual favours, making sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. 
• Under the Act, all women employees, irrespective of their type of employment i.e. regular, temporary, contractual, ad hoc or daily wage workers can seek redressal to sexual harassment in the workplace.
• The law also applies to all public and private sector organisations throughout India.
• The PoSH Act mandates that employers with more than 10 employees must constitute an Internal Complaints Committee (ICC) which can be approached by the women employees to file a formal sexual harassment complaint.
  • Composition of Internal Complaints Committee (ICC):
    • ICC usually consists of four members.
    • Headed by a woman.
    • Two members amongst the employees.
    • One member from a third party such as an NGO worker with five years of experience and familiarity with the challenges of sexual harassment. 
    • At least one-half of the total Members shall be women.
• The PoSH Act also requires every district in the country to set up a Local Complaints Committee (LCC) to receive complaints from women employed in firms with less than 10 employees, informal sector, domestic workers, home-based workers, social workers, etc.
  • The District Officer must designate one nodal officer in every block, taluka, & tehsil in the rural or tribal area and ward or municipality in the urban area to receive complaints and forward the same to the Committee within seven days.

Read more – Prevention of Sexual Harassment At Work Place

Key hurdles to the implementation of the PoSH Act

• The Supreme Court has flagged lacunae in the establishment of ICCs.
  • The SC cited a newspaper report according to which 16 out of the 30 national sports federations in the country had not established an ICC to date. 
• The court also noted an improper establishment of ICCs in cases where they were established.
  • Such ICCs had an inadequate number of members or lacked a mandatory external member. 
• Also, there have been concerns that the law does not address the accountability aspect as it does not mention:
  • Who is in charge of ensuring that workplaces comply with the law and
  • Who must be held responsible if the provisions are not followed
• Experts have also pointed out that the law is largely inaccessible to women employed in the informal sector. 
• Experts have also observed that sexual harassment cases at workplaces are largely underreported.
• The Act was formulated with a view that complaints can be more effectively handled within the workplaces so that women did not have to go through the daunting criminal justice processes. 
  • However, the inefficient functioning and the lack of clarity with respect to the conduct of such inquiries have made it difficult for women.
  • Furthermore, possible repercussions also have forced women to not file complaints.

Way forward

• The apex court has directed both the Central and State governments to examine whether various Ministries, Departments, organisations, institutions, etc. have set up ICCs, LCCs and Internal Committees (ICs) as per the Act. 
• Additionally, these bodies have been ordered to publish the details of their respective committees on their websites.

Nut graf: The Supreme Court of India has flagged serious lapses with respect to the implementation of the PoSH Act. The hurdles affecting the effective implementation of the law must be immediately addressed in order to ensure a safe, secure and enabling environment for women employees.

B. GS 2 Related

Nothing here for today!!!

2. A Court recall that impacts the rights of the accused

Syllabus: GS-2, Judiciary and Constitutional Rights.

Mains: Default Bail.

Prelims: Default bail.

Context: Supreme Court of India has recalled its decision on the Ritu Chhabaria vs Union of India case.

Introduction:

• On 1st May 2023, Supreme Court (SC) recalled its decision on the Ritu Chhabaria vs Union of India case.
• It was insisted by the Solicitor General of India that central investigation agencies were ‘facing difficulties’.
• On 12th May 2023, SC issued an interim order clarifying that courts could grant default bail independent of and without relying on the Ritu Chhabaria judgment.
• It is argued that the Court’s decision to suspend the rights of defendants in criminal cases might result in further erosion of the constitutional rights of the accused. It will also be against the fundamental principles of criminal procedure.

Right to Default Bail:

• The right to statutory bail also called default bail, is available to the accused in instances when the investigating agency cannot complete its investigation within the time limit.
• According to Section 167(2) of the Code of Criminal Procedure (CrPC), the maximum time available to investigators is 60 or 90 days.
• If the investigation is not completed within this time period, the accused can apply for default bail under the first proviso to Section 167(2) of the CrPC.
• This provision is designed to prevent long-term detention of the accused.
• In multiple instances, the court has reiterated that it is an indefeasible right that flows from Article 21 of the Constitution. For example,
  • In the Achpal vs State of Rajasthan (2018) case, the court ruled that an investigation report by an unauthorized officer could not bar the accused from availing of this right.
  • Similarly, in S. Kasi vs State (2020), it was ruled that the pandemic could not be used as the reason for the additional detention of the accused.

Historical Background:

• In the earlier version of CrPC, accused persons could be detained for a maximum of 15 days.
• The Law Commission in its 41st report recommended default bail due to abuse of the provision by the police that extended the custody of the accused.
• In 1978, CrPC was amended to add statutory bail and ensure that the accused is not detained for extended periods.

Associated Concerns:

• The investigating authorities bypass the default bail provisions by filing incomplete or supplementary charge sheets within the 60/90-day period.
• In Ritu Chhabaria’s case, SC delegitimized the incomplete charge sheets from applying for default bail. 
• Moreover, the case did not lay down any additional hurdles in the investigation.
• The court’s order to recall judgment has not only raised concerns but also deferred decisions on default bail for accused persons across the country.

Also read: Bail in India

Nut Graf: The court’s order to recall its judgment in the Ritu Chhabaria vs Union of India case has raised concerns over the right to default bail and its implication on the constitutional rights of the accused. Moreover, it would cause deviation from fundamental principles of criminal procedure.

2. Defence Ministry’s iDEX reaches milestone

• The Innovations for Defence Excellence (iDEX), which is a flagship initiative of the Ministry of Defence has reached a milestone with the signing of the 250th contract.
• The latest contract is the first one under the Mission DefSpace, and the 100th SPRINT (Navy) contract.
• The first iDEX contract of Mission DefSpace was exchanged between the Additional Secretary (Defence Production), the CEO of the Defence Innovation Organisation (DIO) and the CEO of InspeCity.
  • InspeCity is developing a gas-based (compact micropropulsion system) system. The technology can be integrated with other satellites such as the cubesat swarm being developed under Mission DefSpace.
  • Mission DefSpace, with 75 Defence Space Challenges to be addressed by the private sector, was launched during DefExpo at Gandhinagar in October 2022.
• The 100th SPRINT (Navy) contract was exchanged with Siliconia Technologies Private Limited. 
  • A prototype of a lightweight ASIC (Application-Specific Integrated Circuit) based communication system using software-defined antenna for Low Earth Orbit, Medium Earth Orbit and Geostationary satellite communication will be developed.
  • As part of the SPRINT initiative, 75 challenge statements for the Indian industry were revealed in July 2022, and the initiative aims at inducting 75 technologies and products into the Navy by August 2023.

Also read – Sansad TV Perspective: India’s Defence Prowess

CNA 16 May 2023:- Download PDF Here