29 Oct 2022: UPSC Exam Comprehensive News Analysis

B. GS 2 Related

Category: GOVERNANCE

1. UAPA gave an impetus to fight terror: PM Modi

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

Prelims: Salient provisions of the Unlawful Activities (Prevention) Act 

Mains: Critical evaluation of the Unlawful Activities (Prevention) Act

Context

The Prime Minister of India has held that various Central laws like the Unlawful Activities (Prevention) Act (UAPA) have provided momentum to the system to fight against terrorism.

Details

• While the Prime Minister has highlighted the significance of UAPA in combating terrorism, critics and opposition have accused the government of misusing the acts such as UAPA to silence its political opponents.
• According to critics, about 4,690 people were arrested under the UAPA in 2018-20 but only 3% of them were convicted.
• Critics further claim that UAPA has given the government absolute power to prosecute anyone without accountability.

Prime Minister’s views on disinformation

• In the wake of an increase in the instances of disinformation online, the PM urged the citizens of the country to not just rely on social media as the only source of information. 
• The PM pointed out how a single piece of fake news can transform into a snowball and become an issue of national concern and emphasised the need to inform the public about analysing and verifying information before forwarding or spreading it.
• The PM further said that India’s progress on the global stage can pose various challenges such as: 
  • Attempts can be made to belittle India’s achievements
  • Rival countries will target India in a competition mode
  • Several existing world powers would not like to see India’s progress in their markets of expertise which causes enmity.
• The PM added that innovative technological solutions must be designed to tackle fake news and also the police must be equipped to not only combat those who hold guns but also those who wield a pen and mislead the youth by exploiting their emotions. 

Nut graf: At a time when the Supreme Court is examining a petition challenging the validity of UAPA, the Prime Minister’s comments on the anti-terror legislation and its importance in tackling crimes that have become inter-state and international have gained significance.

E. Editorials

Category: JUDICIARY

1. Death Penalty and Criminal Justice

Syllabus: GS2 – Judiciary

Syllabus: Government Policies and Interventions

Mains: Capital Punishment in India

Context: The Supreme Court in September 2022 referred to a five-judge constitution bench a suo motu plea on framing guidelines on imposing capital sentence. 

Introduction: 

• The Supreme Court referred to a five-judge constitution bench a suo motu plea on framing guidelines on how and when potential mitigating circumstances should be considered by courts during a trial in cases which entail the death penalty as the maximum punishment.
• The case was titled “Framing Guidelines Regarding Potential Mitigating Circumstances to be Considered While Imposing Death Sentences”.
• The three-judge bench hearing the suo moto plea noted that there were “conflicting judgments” regarding the grant of hearing to an accused before imposing the death penalty.
• The bench observed that “A death sentence is irreversible and every opportunity should be given to the accused for consideration of mitigating circumstances so that the court concludes that capital punishment is not warranted.”

Validity of Capital Punishment:

• In 1980, the Supreme Court upheld the constitutionality of capital punishment in ‘Bachan Singh v State of Punjab’ on the condition that the punishment will be awarded in the “rarest of the rare” cases.
  • The ruling also stressed that a separate sentencing hearing would be held, where a judge would be persuaded on why the death sentence need not be awarded.

What are the Issues?

• According to Section 235 of the Code of Criminal Procedure (CrPC), a court must hear the accused after a conviction regarding the issue of sentencing before imposing the appropriate punishment.
• As per Section 354(3) of CrPC, when there is death punishment or imprisonment for life, the judgement will have to state the reasons why the sentence was awarded.
  • There are differing judgments regarding when and how the sentencing hearing must take place, particularly regarding whether it is necessary to have the hearing on a day other than the day of the conviction.
• This position was reiterated in several subsequent rulings of the court, including in ‘Mithu v State of Punjab’, a 1982 ruling by a five-judge Bench that struck down the mandatory death sentence as it falls foul of the right of an accused to be heard before sentencing.
  • However, there are conflicting rulings on when that separate hearing is supposed to take place.
  • At least three smaller Bench rulings have held that while a separate sentencing hearing is inviolable, they can be allowed on the same day as the conviction. 
• The Supreme Court through its various judgments had held that “sufficient time must be given to the accused on the question of sentence”. 
• The common thread that runs through all these decisions is the express acknowledgement that meaningful, real and effective hearing must be afforded to the accused, with the opportunity to adduce material relevant to the question of sentencing. 

What does this ruling imply?

• The decision stands out because of the thrust on the trial court’s death sentencing policies and the practice and desire to elicit, from a larger Bench, directions to ensure some kind of uniformity in the matter. 
• The 5 judge Constitution Bench may lay down comprehensive guidelines on the manner in which sentencing decisions can be arrived at.
• This constitutes another step in the direction of death penalty sentencing justice reform such as the legislative limitation flowing from Section 354(3) in the CrPC, judicial limitation flowing from the ‘rarest of rare’ case and ‘oral hearing’ after all the remedies to the condemned are exhausted. 
• An extensive study on psychological aspects by experts may mean that trial courts will be better informed than now, when only basic data such as educational and economic status are ascertained before a sentence is imposed.
• This has made a positive mark to humanise criminal justice in India.

Way Forward:

• These steps by the Supreme Court are a reflection of the transition of the principles of jurisprudence from retributive to reformative.
  • This offers a check on the trial courts and prevents them from handing down death penalties as a rule.
• It is suggested by the experts that the mitigating circumstances shall be considered at the trial stage. 
• Therefore, death penalties shall be awarded to a convict as an exception on the grounds of constitutional validity.

Read more on Capital Punishment

Nut Graf: The Supreme Court of India referred to a  Constitution bench a suo motu plea on framing of guidelines on the death penalty to have clarity and uniform approach. The intervention is seen as a major step in plugging gaps in the way in which trial courts award the death sentence.

G. Tidbits

1. Anger in Himachal Pradesh over ST notification for Hattis

• The recent Union Government’s announcement to bring the Hatti community under the Scheduled Tribes (ST) list in the Sirmaur district of Himachal Pradesh has resulted in dissatisfaction among other sections such as Gujjars (only ST community in the district) and other Scheduled Caste groups.
  • As per the 2011 Census reports, about 5.71% of the State’s population is ST and 25.19% of the population is classified as SC.
• According to Gujjar community leaders, the district at present has five Assembly seats namely Pachhad, Nahan, Renukaji, Paonta Sahib and Shillai out of which Pachhad and Renukaji are reserved for SCs.
• Since most of the members of the Gujjar community live in the Nahan constituency area and their population in the entire district is merely 10,000-11,000, the inclusion of 1.6 lakh odd Hatti members in the ST list would result in the loss of their share in the reserved jobs.
• Gujjar community leaders also feel that since the people of Hatti community are generally better-off than Gujjars as most of them are still nomadic, their share of benefits must be protected.
• Further, the move has also led to resentment among the SC communities in the region as Dalit villagers fear that atrocities and discrimination against them would increase if the Hatti community, which mostly consists of Bhats, Khash, and Kanaits, who are traditionally considered upper-caste is notified as an ST.

I. UPSC Mains Practice Questions

1. The process of including a tribe in the Scheduled Tribe list leaves a lot to the discretion of the ruling government. Do you agree? Critically analyze. (250 words; 15 marks) (GS II – Polity)
2. The global fight against climate change is slowing down not because of a lack of finances but because of a lack of willingness. Elaborate. (250 words; 15 marks) (GS III – Environment)

Read the previous CNA here.