1. Master the technique of choosing wisely READ MORE
2. Listen With Compassion READ MORE
3. MANAGING SELF is KEY TO SUCCESS IN LIFE READ MORE

1. Himalayan challenge: Vehicular emissions are causing Ladakh glaciers to melt and retreat at an alarming rate READ MORE
2. No one-size-fits-all approach to human-crocodilian conflict globally: Delegates at IUCN meet READ MORE

1. The population question: India will soon be the world’s most populous country. This, however, calls for a reasoned response READ MORE
2. Women suffer violence silently across the world READ MORE
3. What’s missing in govt’s plan to secure ‘accessibility’ for persons with disabilities READ MORE
4. Inequalities in School Education READ MORE

1. A trust deficit in Parliament READ MORE
2. India’s judiciary wants a new bail law – but wouldn’t be implementing existing rules do the job anyway? READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. IIT-M ranked India’s top higher education institute READ MORE
2. FM: Public capex key to India’s long-term growth READ MORE
3. Why indigenous HPV vaccine has the potential to drastically bring down the incidence & deaths caused by cervical cancer in India? READ MORE
4. Monsoon revives: Kharif crop area rises, but rice, arhar remain concern READ MORE
5. Arunachal Pradesh, Assam sign pact to resolve border dispute READ MORE
6. Govt launches “Jagriti” mascot for empowering consumers and generating awareness towards their rights READ MORE
7. Kerala becomes first state to have own internet service READ MORE
8. Rajnath Singh launches Project 17A stealth frigate ‘Dunagiri’ READ MORE

Main Exam

GS Paper- 1

1. The population question: India will soon be the world’s most populous country. This, however, calls for a reasoned response READ MORE
2. Women suffer violence silently across the world READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. A trust deficit in Parliament READ MORE
2. India’s judiciary wants a new bail law – but wouldn’t be implementing existing rules do the job anyway? READ MORE

SOCIAL ISSUES

1. What’s missing in govt’s plan to secure ‘accessibility’ for persons with disabilities READ MORE
2. Inequalities in School Education READ MORE

INTERNATIONAL ISSUES

1. The Ukraine war and the return to Euro-centrism READ MORE
2. I2U2 and the Middle power great game: the US is key to West Asian Quad but India, Israel, UAE have their own plays too READ MORE
3. I2U2 reflects new geopolitical realities for all four nations READ MORE

 GS Paper- 3

ECONOMIC DEVELOPMENT

1. Deficit doubts: Fretting about current account deficit is warranted; fiscal space must be reassessed READ MORE
2. Govt betrayal over MSP fuelling farmers’ anger READ MORE

ENVIRONMENT AND ECOLOGY

1. Himalayan challenge: Vehicular emissions are causing Ladakh glaciers to melt and retreat at an alarming rate READ MORE
2. No one-size-fits-all approach to human-crocodilian conflict globally: Delegates at IUCN meet READ MORE

SCIENCE AND TECHNOLOGY

1. Time for vigilance: Increased testing and building awareness, not stigmatisation, can stop the spread of monkeypox READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. Master the technique of choosing wisely READ MORE
2. Listen With Compassion READ MORE
3. MANAGING SELF is KEY TO SUCCESS IN LIFE READ MORE

Questions for the MAIN exam

1. ‘In the current era of more flexible partnerships, I2U2 could emerge as a platform for shaping responses to global challenges’. Critically examine.
2. With the help of the relevant examples, discuss how India shed its Cold War mindset of non-alignment in recent times?

QUOTATIONS AND CAPTIONS

• Here is my first principle of foreign policy: good government at home.
• The online trolling of the judiciary is a new low, highlighting a sustained and organised campaign of intimidation.
• The National Achievement Survey shows that students from disadvantaged social groups lag behind.
• Holding the executive and judiciary accountable for illegal arrests will go a long way in ensuring compliance with the law.
• To understand why the world’s only Jewish state would be keen on ties with a Sunni Muslim theocratic kingdom is important to make sense of US diplomacy in the region.
• With the sustained spread and a few cases already detected in women, the possibility of spreading into the general community cannot be dismissed. Increased testing, contact tracing, building awareness, and not stigmatising infected people can stop the spread.
• The key message from the European narratives about the Ukraine war is that European states would want to see their wars and conflicts as threatening international stability and the ‘rules-based’ global order.

ESSAY TOPIC

• Truth is beyond the rational mind.
• The best way to address challenges is through cooperation and dialogue

50 WORD TALK

• The Centre must ensure a legal guarantee of MSP, and a Bill in this regard should be tabled in Parliament during the coming Monsoon Session. Buying farm produce at a rate less than MSP should be punishable by law. MSP calculations should be made per the C2 formula and the committee’s recommendations headed by MS Swaminathan. The lack of accountability over MSP is painful.
• The emergence of the I2U2 grouping is clearly an outcome of the Abraham Accords of Aug 2020 and the possibilities that they have created for Israel and the UAE to be on the same platform as India and the US. As President Biden moves to Saudi Arabia for the second leg of his visit to West Asia, we are likely to see a push towards integrating Israel through trade, technology, direct flights and people-to-people contact, even with countries where full diplomatic ties may take some time to mature.

Things to Remember:

• For prelims-related news, try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
• Whenever any international place is in the news, you should do map work (marking those areas on maps and exploring other geographical locations nearby, including mountains, rivers, etc.) applies to the national places.)
• For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
• For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
• Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

THE INDIAN POLITY AND GOVERNANCE

1.THE ROAD TO ROLLING OUT LABOUR CODES

THE CONTEXT:The Code on Wages (passed in Parliament in August 2019), the Industrial Relations Code, the Code on Social Security, and the Code on Occupational Safety, Health and Working Conditions (all passed on September 22 and 23, 2020 in the Lok Sabha and the Rajya Sabha) have not yet been implemented.

THE EXPLANATION:

• The Centre claims that the four codes are a major step in the process of labour reforms. The central trade unions (CTUs) have held three general strikes against the codes so far, alleging that the codes will result in taking away whatever little social and economic security is left in the employment sector.
• The farmers’ organisations had also supported the trade unions in their protests. The employers’ associations, too, had mixed feeling towards the codes, but had generally welcomed them.

Where does it stand?

• The government says the delay in implementation is due to the delay in framing rules by the States. As labour is a concurrent subject, both the States and the Centre will have to prepare rules for the codes. The Centre had also offered help to the States so that the codes can be implemented from July 1, 2022.
• Union Minister for Labour recently said that only a few States have not yet framed the rules. According to a recent report, 24 States have so far published draft rules to all four codes.

What is the process?

• The States are publishing draft rules and inviting comments from stakeholders on those draft rules. The Centre had also published draft rules for certain sections of the four codes. The trade unions have been asking the Centre to stop this piecemeal approach and release the complete rules of four codes.
• Since the four labour codes are an amalgamation of 29 Central laws and about 100 State laws that are similar to various Central laws, drafting, publishing and holding consultations with stakeholders is taking considerable time. There are also complaints by the Opposition-ruled States that the codes are “poorly drafted”.
• The Opposition had objected to the way the three codes were passed in Parliament in just two days without much discussion.

What lies ahead?

• The trade unions are warning about more protests if the codes are implemented. They say that the Centre will have to repeal it the way it repealed the three farm laws.
• The Centre, too, is worried about the political fallout of its implementation and thus, this could also be a possible reason for the delay. The employers are worried that further increase in the salary bill will hamper their profits in a recession-hit economy and they expect the government to hold more discussions.

VALUE ADDITION:

About the labour codes:

• The new set of regulations consolidates 44 labour laws under 4 categories of Codes namely, Wage Code; Social Security Code; Occupational Safety, Health & Working Conditions Code; and the Industrial Relations Code.
• The Parliament has already passed all the four Codes and it has also received the President’s assent.

The 4 codes are:

1. The Code on Wages, 2019, applying to all the employees in organized as well as unorganized sector, aims to regulate wage and bonus payments in all employments and aims at providing equal remuneration to employees performing work of a similar nature in every industry, trade, business, or manufacture.
2. The Code on Occupational Safety, Health and Working Conditions, 2020 seeks to regulate the health and safety conditions of workers in establishments with 10 or more workers, and in all mines and docks.
3. The Code on Social Security, 2020 consolidates nine laws related to social security and maternity benefits.
4. The Code on Industrial Relations, 2020 seeks to consolidate three labour laws namely, The Industrial Disputes Act, 1947: The Trade Unions Act, 1926 and The Industrial Employment (Standing Orders) Act, 1946. The Code aims to improve the business environment in the country largely by reducing the labour compliance burden of industries.

 2.NIRF RANKINGS 2022

THE CONTEXT:The Union Education Minister released the National Institutional Ranking Framework (NIRF) Rankings 2022.

THE EXPLANATION:

NIRF India Ranking 2022 has been announced for 11 categories. This includes overall, university, management, college, pharmacy, medical, engineering, architecture, ARIIA (Atal Ranking of Institutions on Innovation Achievements), law and research institutions.

Assessment in five parameters:

• Teaching, Learning and Resources (TLR)
• Research and Professional Practice (RP)
• Graduation Outcomes (GO)
• Outreach and Inclusivity (OI)
• Peer Perception.

Key Highlights of India Rankings 2022

• Indian Institute of Technology Madras retains its 1st position in Overall Category for fourth consecutive year and in Engineering for seventh consecutive year.
• Indian Institute of Science, Bengaluru tops the Universities Category for seventh consecutive year. It stood first in Research Institutions Category for second consecutive year.
• IIM Ahmedabad tops in Management subject retaining its first position for third consecutive year.
• All India Institute of Medical Sciences (AIIMS), New Delhi occupies the top slot in Medical for the fifth consecutive year. Moreover, AIIMS is ranked at 9th position in Overall category for the first time.
• Jamia Hamdard tops the ranking in Pharmacy for fourth consecutive year.
• Miranda House retains the 1st position amongst Colleges for the sixth consecutive year.
• IIT Roorkee stands at 1st position in Architecture subject for second consecutive year.
• National Law School of India University, Bengaluru retains its first position in Law for the fifth consecutive year.
• Colleges in Delhi dominate ranking of colleges with five colleges out of first 10 colleges from Delhi.
• The Saveetha Institute of Medical and Technical Sciences takes the top slot for the first time in Dental Subject displacing Manipal College of Dental Sciences, Manipal.

Increase in Number of Applicants for India Rankings from 2016 to 2022

• A total number of 4,786 unique institutions offered themselves for ranking under “Overall”, category-specific and / or domain-specific rankings for India Rankings 2022. In all, 7,254 applications for ranking were made by these 4,786 unique institutions under various categories / domains including 1,876 in Overall Category, 1,249 in Engineering, and 2,270 in General Degree Colleges.
• A noticeable increase in institutional participation in the rankings exercise this year indicates its recognition amongst institutions of higher education in India as a fair and transparent ranking exercise.

Increase in Number of Institutions Ranked in India Rankings from 2016 to 2022

• While 100 institutions are ranked in Overall, Universities and Colleges categories, number of institutions that are being ranked in Engineering has been increased to 200 from 2019 onwards. Moreover, number of institutions ranked in Management and Pharmacy are being increased from 75 to100 each from this year onwards.
• However, number of institutions ranked are restricted between 30 and 50 in subject domains namely Architecture, Law, Medical, Dental as well as in Research Institutions. Additional rankings are suitably bunched in Rank Bands of 101-150 and 151-200 in case of Overall, Universities and Colleges, 201-250 and 251-300 in case of Engineering and 101-125 in case of Pharmacy and Management.

VALUE ADDITION:

Related Initiatives:

• Institutes of Eminence: It is a government’s scheme to provide the regulatory architecture for setting up or upgrading 20 Institutions (10 from the public sector and 10 from the private sector) as world-class teaching and research institutions called ‘Institutions of Eminence’.
• Impacting Research Innovation and Technology (IMPRINT): It is a first-of-its-kind Pan-IIT and IISc joint initiative to develop a new education policy and a roadmap for research to solve major engineering and technology challenges that India must address and champion to enable, empower and embolden the nation for inclusive growth and self-reliance.
• Uchhatar Avishkar Yojana (UAY): It was announced to promote innovation of a higher order that directly impacts the needs of the Industry and thereby improves the competitive edge of Indian manufacturing.

 THE HEALTH ISSUES

3.NEW RESEARCH: PLAYING WIND INSTRUMENTS CAN SPREAD RESPIRATORY PARTICLES

THE CONTEXT:According to a study from Colorado State University (CSU), Just like coughing, sneezing, talking and singing, playing wind instruments — particularly brass ones — can spread respiratory particles that may carry the virus that causes Covid-19.

THE EXPLANATION:

• Early in the pandemic, CSU engineers teamed up with musicians and performers to try and quantify respiratory particle emissions from various activities like singing and music-playing.
• The researchers have now published the results of their measurements of particle emissions from wind instrument-playing, including brass and woodwinds, in the journal Scientific Reports.
• They used a cutting-edge aerosol measurement chamber and recruited volunteers to perform in the chamber while aerosol emissions from themselves — or their instruments — were analysed. For the instruments study, they had 81 volunteer performers who played wind instruments including the bassoon, clarinet, French horn, oboe, piccolo, saxophone, trombone, trumpet and tuba.
• Brass instruments, on average, produced 191 per cent more aerosols than woodwinds, according to the report. Being male was associated with a 70 per cent increase in emissions from instrument-playing, probably due to lung size and capacity, the researchers think. Louder playing of brass instruments was associated with higher particle counts, but louder playing of woodwinds didn’t increase emissions.
• The researchers also took measurements with performers using bell covers in an attempt to mitigate the particle spread, which seemed to work. The use of bell covers reduced emissions from trombone, tuba and trumpet players, with average reductions of 53-73 per cent, but not for oboe or clarinet.
• A single-exit instrument like a trumpet is easier to control with protective measures.
• According to the release, the study reconfirms that at the start of the pandemic, shutting down performing arts in the name of safety likely saved lives.

VALUE ADDITION:

According to the Centre for disease control and Prevention,the principal mode by which people are infected with SARS-CoV-2 (the virus that causes COVID-19) is through exposure to respiratory fluids carrying infectious virus. Exposure occurs in three principal ways:

1. inhalation of very fine respiratory droplets and aerosol particles,
2. deposition of respiratory droplets and particles on exposed mucous membranes in the mouth, nose, or eye by direct splashes and sprays, and
3. touching mucous membranes with hands that have been soiled either directly by virus-containing respiratory fluids or indirectly by touching surfaces with virus on them.

PRECAUTIONARY MEASURES

• To decrease the spread of COVID-19, it is important to investigate the transmission routes of SARS-CoV-2. Although SARS-CoV-2 has been detected in the stool specimen of patients, faecal–oral transmission of the virus has not been confirmed. Currently, SARS-CoV-2 is considered to be mainly transmitted via respiratory droplets.
• Generally, respiratory droplets are defined as large respiratory particles that are >5–10 μm in diameter. SARS-CoV-2 can be transmitted via droplets when people are in close contact (within one meter) or owing to fomite transmission in the immediate environment.

THE INTERNATIONAL RELATIONS

4.INDIA GETS ELECTED TO THE INTERGOVERNMENTAL COMMITTEE OF UNESCO’S 2003 CONVENTION

THE CONTEXT:India has been elected as a member of the Intergovernmental Committee of UNESCO’s 2003 Convention for the Safeguarding of the Intangible Cultural Heritage for the 2022-2026 cycle.

THE EXPLANATION:

• The Intergovernmental Committee of the 2003 Convention consists of 24 members and is elected in the General Assembly of the Convention according to the principles of equitable geographical representation and rotation. States Members to the Committee are elected for a term of four years.
• Some of the core functions of the Intergovernmental Committee include promoting the objectives of the Convention, providing guidance on best practices, and making recommendations on measures for the safeguarding of intangible cultural heritage. The Committee also examines requests submitted by States Parties for the inscription of intangible heritage on the Lists as well as proposals for programmes and projects.
• In the past, India has served two terms as a member of the Intergovernmental Committee of this Convention. For its 2022-2026 term, India has formulated a clear vision for the protection and promotion of the intangible cultural heritage of humanity. Some of the priority areas that India will focus upon include fostering community participation, strengthening international cooperation through intangible heritage, promoting academic research on intangible cultural heritage, and aligning the work of the Convention with the UN Sustainable Development Goals.
• India ratified the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage in September 2005. As one of the earliest State Parties to ratify the Convention, India has shown great commitment towards matters related to intangible heritage and has actively encouraged other State Parties to ratify it. With 14 inscriptions on the Representative List of Intangible Cultural Heritage of Humanity, India also ranks high in the listing of intangible cultural heritage. After the inscription of Durga Puja in 2021, India submitted the nomination for Garba of Gujarat to be discussed in 2023.

Being a member:

• As a member of the intergovernmental committee, India will have the opportunity to closely monitor the implementation of the 2003 Convention. With the aim of strengthening the scope and impact of the Convention, India seeks to mobilize the capacity of different actors worldwide in order to effectively safeguard intangible heritage.
• Also noting the imbalance in the inscriptions on the three lists of the Convention, i.e., Urgent Safeguarding List, Representative List and Register of Good Safeguarding Practices, India shall endeavour to encourage international dialogue within the State Parties to the Convention in order to better showcase the diversity and importance of living heritage.

VALUE ADDITION:

UNESCO: (United Nations Educational, Scientific and Cultural Organization)

• The United Nations Educational, Scientific and Cultural Organization (UNESCO) was born on 16 November 1945.UNESCO has 195 Members and 8 Associate Members and is governed by the General Conference and the Executive Board. The Secretariat, headed by the Director-General, implements the decisions of these two bodies. The Organization has more th 50 field offices around the world and its headquarters are located in Paris.
• UNESCO’s mission is to contribute to the building of a culture of peace, the eradication of poverty, sustainable development and intercultural dialogue through education, the sciences, culture, communication and information.

UNESCO focuses on a set of objectives in the global priority areas “Africa” and “Gender Equality”

And on a number of overarching objectives:

• Attaining quality education for all and lifelong learning
• Mobilizing science knowledge and policy for sustainable development
• Addressing emerging social and ethical challenges
• Fostering cultural diversity, intercultural dialogue and a culture of peace
• Building inclusive knowledge societies through information and communication

THE ECONOMIC DEVELOPMENTS

5.CENTRE EXTENDS RoSCTL SCHEME

THE CONTEXT:The government has approved the continuation of the Scheme for Rebate of State and Central Taxes and Levies (RoSCTL) with the same rates as notified by the Ministry of Textiles for exports of apparel/garments and made ups till March 31, 2024, with a view to boost exports and job creation in the textile sector.

THE EXPLANATION:

• According to experts “RoSCTL is a forward-looking and growth-oriented scheme which has provided a stable and predictable policy regime, helping boost exports and employment. The scheme helped improve cost efficiency and the export competitiveness in the international market. It has also promoted incubation of start-ups & entrepreneurs in the domain and also led to the large number of MSMEs joining the apparel export business.”
• The RoSL (Rebate of State Levies) initiative was superseded by the new RoSCTL (Rebate of State and Central Taxes Levies) scheme in March 2019 following the implementation of GST in 2017. An initiative called the Rebate of State and Central Levies and Taxes (RoSCTL) Scheme aims to reimburse all embedded State and Central Taxes/Levies for exports of manufactured goods and garments. Importer-Exporter Codes (IECs) are necessary in order to apply for the RoSCTL programme. To enhance the productivity of the garment and made-up sectors, it has been established as a successor for the old “Rebate of State Levies (RoSL) Scheme” to rebate all embedded State and Central Taxes and Levies.
• According to sources, “All exporters of garments/Apparels and made-ups manufactured in India are eligible to take benefit under this scheme except entities/ IECs under the Denied Entity List of the DGFT. Further RoSCTL benefit is available subject to the facts that the exporter has not claimed RoDTEP benefits. Such exporter may either be the merchant or manufacturer exporter. However, such goods should have been directly exported by such person.

VALUE ADDITION:

Aim of the RoSCTL scheme

RoSCTL Scheme was launched with the aim of reimbursing all embedded State and Central Taxes or Levies for exports of manufactured goods and garments. Importer-Exporter Codes (IECs) are required to apply for RoSCTL programme. It also seeks to enhance productivity in garment and made-up sectors as it rebates all the embedded State and Central Taxes & Levies. It further aims to compensate State and Central Taxes and Levies apart from the Duty Drawback Scheme on export of apparel or garments and Made-ups.

Rebate of State Taxes and Levies

Rebate of State Taxes and Levies comprises of:

• VAT on fuel used in transportation
• Captive power
• Farm sector
• Mandi tax
• Duty of electricity
• Stamp duty on export documents
• Embedded SGST which are paid on pesticides, fertilizers etc.

THE ENVIRONMENT, ECOLOGY AND CLIMATE CHANGE

6.FOREST ACT: CENTRE TO DECRIMINALISE MINOR OFFENCES

THE CONTEXT:Recently, the Ministry of Environment, Forests and Climate Change has issued a public notice for decriminalisation of Indian Forest Act, 1927.

THE EXPLANATION:

The Ministry is undertaking a review of the Act to decriminalise minor sections of the law, including:

• Carrying timber into the forest,
• Trespassing by cattle,
• Felling a tree,
• Felling or damaging a tree reserved under a special provision of the law,
• Kindling a fire or carrying fire in forest areas.

Indian Forest Act (IFA), 1927:

• It provides a legal framework for protection and management of forests, transit of forest produce and timber, and duty that can be levied on forest produce and timber.
• IFA is an umbrella act which provides the basic architecture for the management of forests in the country.
• It also includes providing mechanisms to ensure notification of reserved, protected and village forests, protection of forest resources, forest biodiversity and wildlife of the country

Amendment Proposed:

The exercise is focused on:

• Decriminalisation of relatively minor violations of law,
• Expeditious resolution through compounding of relatively smaller offences,
• Reducing compliance burden on citizens,
• Rationalisation of penalties and
• Preventing harassment of citizens

The ministry seeks to replace the provision of imprisonment for six months and fine, with a fine of 500.

• The penalties will be collected under an environmental relief fund.

Power of Union Government:

• The Union does not have the jurisprudence to carry out amendments in the Act, as it does not fall under the Central government, having been enacted before Parliament was established.
• Instead, the Act is adopted by states as they feel fit.
• Only Haryana, Punjab, MP, Bengal and Bihar actually follow the Act.
• Other states have their own forest Acts.

Significance

• This is being done to ease the difficulties faced in differentiating between major and minor offences, and their punishments be made distinct.
• This will deter habitual offenders from committing more crimes, as at present there is the same level of punishment for both first-time and repeat offenders.

Criticism

• It might go on incentivising offences, especially that of felling trees which is extremely dangerous.
• The proposed amendment further does not clarify or promotes ambiguity whether the Rs 500 fine is the cost of felling one tree, or an entire forest can be felled and considered a single offence.
• The Centre’s move is actually an infringement on the rights of the states.

THE PRELIMS PRACTICE QUESTIONS

QUESTION OF THE DAY

Q.With Reference to the “United Nations Credentials Committee”, consider the following statements: (2022)

1. It is a committee set up by the UN Security Council and works under its supervision.
2. It traditionally meets in March, June and September every year.
3. It assesses the credentials of all UN members before submitting a report to the General Assembly for approval.

Which of the statements given above is/are correct?

a) 3 only

b) 1 and 3

c) 2 and 3

d) 1 and 2

ANSWER FOR 15^TH JULY 2022

ANSWER: C

EXPLANATION:

Both the statements are correct.

•  A zoonotic disease is a disease or infection that can be transmitted naturally from vertebrate animals to humans or from humans to vertebrate animals. More than 60% of human pathogens are zoonotic in origin. This includes a wide variety of bacteria, viruses, fungi, protozoa, parasites, and other pathogens.

THE CONTEXT: The Supreme Court’s order on 11 May 2022, “putting in abeyance” Section 124A of the Indian Penal Code (IPC), 1860, which prescribes punishment for “sedition,” has been greeted with a measure of relief by the various sections. In a brief order delivered in S.G. Vombatkere vs Union of India, a three-judge Bench of the Supreme Court of India effectively suspended the operation of Section 124A of the Indian Penal Code (IPC). This article examines the issue in detail.

THE JUDGEMENT

• In a historic development, the Supreme Court on 11 May 2022 ordered that the 152-year-old sedition law under Section 124A of the Indian Penal Code should be effectively kept in abeyance till the Union Government reconsiders the provision. In an interim order, the Court urged the Centre and the State governments to refrain from registering any FIRs under the said provision while it was under re-consideration. The Court also held that those already booked under Section 124A IPC and are in jail can approach the concerned courts for bail.

THE ANALYSIS OF THE PRESENT STAND OF THE SUPREME COURT

• Direction for reconsideration of sedition law was issued after the Union government filed an affidavit informing the Supreme Court that it had decided to re-examine the law as part of the Prime Minister’s efforts to scrap outdated laws and compliance burdens. The deposition, by itself, offered no firm commitment on whether the government would recommend to Parliament a complete removal of Section 124A. Another pertinent issue is whether the government is serious about re-examining and reconsidering the provisions of Section 124A or was it simply buying time to take the fight to another day? If it was serious, it would have come forward and put all pending cases on hold with an assurance to review them and weed out those that were clearly make-believe. The government was also ambiguous in stating that re-examination and reconsideration would be by the competent forum, namely the Parliament.
• The court’s interim order balances security interests and integrity of the state on one hand, and the civil liberties of citizens on the other. However, it is not the prerogative of the court to strike down any law made by the legislature if it is not in contravention of the Constitution. A constitutional bench in 1962 has already held the  Sedition Law to be Constitutional and we need a larger bench (Five judge bench in Kedar Nath Case) to re-examine the law’s constitutional validity. Though the rights and freedoms under Articles 19 and 21 have been expanded from time to time by the judiciary, it is yet to be ascertained whether the ‘reasonable restrictions’ under Article 19(2) can also be expanded or interpreted in a wider context by the judiciary. If so, then it might have irrevocable implications on the Constitutional scheme of governance. As empirical evidence shows the misuse of the sedition law by the executive, the judiciary has to step in to safeguard the rights of the people and enforce rule of law. But, in order that the judgement to be effective in practice, other limbs of the Criminal Justice System must also internalize the spirit of the judgment in its working.

WHAT IS SEDITION?

• Cambridge Dictionary defines sedition as language or behaviour intended to persuade other people to oppose their government and change it, sometimes by using violence.

 SEDITION LAW IN INDIA SECTION 124A IPC:

• Section 124A defines sedition as any action — “whether by words, signs, or visible representation” — which “brings or attempts to bring into hatred or contempt or excites or attempts to excite disaffection towards the government established by law in India”.

Ø  This means that the law punishes attempts to create “hatred,” “contempt,” or “disaffection” towards the government as “sedition.” The explanation to Section 124A explicitly excludes “disapprobation” of the measures or actions of the government that does not excite or attempt to excite hatred, contempt or disaffection.

• The word “disaffection”, the provision explains, “includes disloyalty and all feelings of enmity”. However, comments without exciting or attempting to excite hatred, contempt or disaffection, will not constitute an offence under this section.

 SEDITION AS A COGNIZABLE OFFENSE:

• In 1962 the Supreme Court of India interpreted the section to apply only if there is, say, “incitement to violence” or “overthrowing a democratically elected government through violent means”.
• Sedition was made a cognizable offence for the first time in history in India during the tenure of Prime Minister Indira Gandhi in 1973, that is, arrest without a warrant was now permissible.

THE HISTORY OF SEDITION

• Sedition laws were enacted around the 17th Century in England in a bid to protect the Crown and the State from any potential uprising. The premise was that people could only have a good opinion of the government, and a bad opinion was detrimental to the functioning of the government and the monarchy. It was subsequently introduced in the Indian Penal Code in 1870.
• Section 124A had been introduced in the Indian Penal Code by the British to punish sedition as an “offence against the state,” and was used to arrest freedom fighters, notably Bal Gangadhar Tilak and M K Gandhi.
• The first known instance of the application of the law was the trial of newspaper editor Jogendra Chandra Bose in 1891.
• Another major case was when Bal Gangadhar Tilak was brought to trial for sedition in 1897 for his lectures and songs at the Shivaji Coronation Ceremony. In 1908, Tilak was again charged with sedition for the publication of a critical article in his magazine Kesari. He was held guilty and sentenced to six years imprisonment by the Bombay High Court, which ruled that no one was permitted to “attribute dishonest or immoral motives to the government.”
• The next landmark sedition case in the pre-independence era was Gandhi’s trial for the offence of sedition for his articles in the Young India magazine. The trial itself was remarkable for his decision to plead guilty to the charge of sedition and Justice Broomfield’s reluctance to sentence him because he did not believe that Gandhi deserved to be charged with sedition in the first place. Mahatma Gandhi had described Section 124A as “the prince among the political sections of the Indian Penal Code designed to suppress the liberty of the citizen”.

CONTEMPORARY DEBATE AND DATA

• The law of sedition has been weaponised by the governments. Cases are filed for strange reasons. For example, the widowed mother of a child and the headmistress of a school was arrested and charged with sedition and school children were subjected to questioning for hours only for participating in a play that contained an “objectionable” line relating to the Citizenship (Amendment) Act. The intention behind the use of the law of sedition is apparently intended to quell dissent and criticism and scare people into submission.
• The offence of sedition has been invoked quite frequently in the recent past. The database of article-14.com called “A Decade of Darkness” is perhaps the only “live” study of sedition cases which informs us that sedition cases filed between 2014 and 2022 doubled as compared to the ones between 2010 and 2014. The number of people adversely affected also doubled— 7,136 versus 3,762. Statistically, the doubling rate is not surprising since the period under consideration also doubled.
• As per the 2020 National Crime Records Bureau (NCRB) report, in 2018, 70 sedition cases were filed; however, not a single person was convicted. Similarly, in 2019, 93 cases were filed, while only two were convicted. Similarly, in 2020, 73 cases were filed and no one was convicted of sedition.
• Manipur filed the highest number of sedition cases (15) in 2020, followed by Assam (12), Karnataka (9), Uttar Pradesh (7), Haryana (6) and Delhi (5).

ARGUMENTS AGAINST THE USE OF SEDITION LAW

LAW TO CURB ALL KINDS OF CRITICISM

• The use of sedition law to curb all kinds of criticisms against the government, and not against incitement to violence against the state alone, has been well-documented over the years.
• Whether it is the first information reports (FIRs) against protestors at Koodankulam or the complaints against Kanhaiya Kumar or Amnesty International, Section 124A has been used by governments of all shades to stifle dissent.
• In its everyday application, sedition is deeply embedded in local politics and in variables such as caste, class, and community. For instance, in Haryana, various marginalised groups experience sedition as a tool for upper-caste domination.

BROAD SCOPE OF SECTION 124-A

• Unfortunately, the broad scope of Section 124-A allows it to be used by the State to go after those who challenge its power.
• Whether it is the JNU students, activists such as Hardik Patel and Binayak Sen, authors such as Arundhati Roy, cartoonists such as Aseem Trivedi, or the villagers of Idinthakarai in Tamil Nadu protesting against the Kudankulam Nuclear Power Plant.
• These examples are demonstrative of the misuse of the provision.

PROCESS ITSELF BECOME PUNISHMENT

• Sedition charges are easily slapped, but seldom stick, but cause immense harassment in the process.
• Even if one is eventually acquitted of sedition, the process of having to undergo the trial itself is the punishment.

COLONIAL LEGACY OF THE LAW

• Since its inception 1870, Section 124A of the Indian Penal Code, which punishes sedition, has been a tool in the hands of the state to curb criticism and dissent though during those times the voices were raised against a foreign rule and in the interest of the nation.
• It has been used by the colonial British government as well as by successive governments of independent India against political dissidents. The colonial intent of the law is part and parcel of what continues to constitute “sedition” in modern-day India.

INTERNATIONAL EXAMPLES

• The global sentiment today is overwhelmingly anti-sedition with different countries either easing the law or simply getting rid of it. Many democratic countries, including the United Kingdom, Ireland, Canada, Ghana, Nigeria and Uganda, have held sedition law as undemocratic, undesirable and unnecessary. Australia (2010) and Singapore (2021) have also repealed the Sedition Law in the recent past.

WHY THE LAW CONTINUE TO REMAIN IN THE STATUTE BOOK?

• Unity & Integrity: Section 124A of the IPC has its utility in combating anti-national, secessionist and terrorist elements.
• Stability of the state: It protects the elected government from attempts to overthrow the government with violence and illegal means. The continued existence of the government established by law is an essential condition of the stability of the State.
• Contempt of Government: If contempt of court invites penal action, contempt of government should also attract punishment.
• Naxalism and Insurgency: Many districts in different states face maoist insurgency and rebel groups virtually run a parallel administration. These groups openly advocate the overthrow of the state government by revolution. Against this backdrop, the abolition of Section 124A would be ill-advised merely because it has been wrongly invoked in some highly publicized cases.

CONSTITUENT ASSEMBLY DEBATE ON THE CONTROVERSIAL ISSUE OF SEDITION

A COLONIAL LAW MEANT TO SUPPRESS INDIANS

• It is nothing short of a remarkable fete that India’s founding leaders ensured that Section 124A was not and is not part of the Constitution.
• They understood the perils of making sedition ‘a reasonable restriction’ on the freedom of speech and expression under Article 13 of the draft Constitution, but it continues to be a criminal offence.
• And, the Constituent Assembly vigorously debated the offensive nature of this law and the possibility that it will be misused to jail those critical of the government—the only reason the British wove it into the IPC in 1870.

CONSTITUTION WITHOUT ‘SEDITION’

• Congress leader and educationist K.M. Munshi, a key voice in the Constituent Assembly, said that there should be no room for ‘sedition’ in independent India.

He argued: “Now that we have a democratic government a line must be drawn between criticism of government which should be welcome and incitement which would undermine the security or order on which civilized life is based, or which is calculated to overthrow the State. Therefore, the word ‘sedition’ has been omitted. As a matter of fact, the essence of democracy is criticism of Government.”

• While key founding leaders opposed the draconian law, the real credit for sedition not finding a place in the Constitution goes to Sikh leader Bhupinder Singh Mann who represented East Punjab in the Constituent Assembly, made a case for upholding liberty—and appealed to them to vote against embedding sedition into the Constitution.

NEHRU’S VIEW ON THE SUBJECT

• He was not in support of the sedition law and opined that:

“Take again Section 124-A of the Indian Penal Code. Now so far as I am concerned that particular section is highly objectionable and obnoxious and it should have no place both for practical and historical reasons, if you like, in any body of laws that we might pass. The sooner we get rid of it the better.”

JUDICIAL INTERVENTIONS SINCE INDEPENDENCE:

• In 1951, the Punjab High Court ruled Section 124A to be unconstitutional. A similar ruling was passed in 1959 by the Allahabad High Court, which also concluded that it struck at the very root of free speech.
• Kedar Nath Singh v State of Bihar,1962: The Supreme Court has upheld the constitutionality of Section 124-A (sedition) on the basis that this power was required by the state to protect itself. However, it said that every citizen has a right to say or write about the government by way of criticism or comment. A citizen can criticize the government to the extent it does not incite people into violence against the government or with the intention of creating public disorder.
• Alavi vs State of Kerala,1982: The Supreme Court held that sloganeering, criticizing of Parliament or Judicial setup does not amount to sedition.
• Balwant Singh v State of Punjab,1995: The Supreme Court acquitted persons from charges of sedition for shouting slogans such as “Khalistan Zindabad”. The court held that the mere raising of slogans by two individuals alone cannot be said as sedition. Further, it is also not considered an attempt aimed to excite hatred or disaffection against the government.
• Sanskar Marathe vs The State of Maharashtra, 2015: In this case, the Bombay High Court issued certain guidelines police officials must follow before filing a sedition case against anyone. These guidelines include an objective evaluation of the seditious material. By evaluation, the police must form an opinion on whether the words and actions caused disaffection and disloyalty to the government.
• Rajat Sharma v. The Union of India Case, 2021: In this case, the court ruling said that disagreeing with the views and policies of the government will not attract the offence of sedition. So the provision of sedition cannot be invoked to quiet the disquiet (criminalizing the critics).
• More recently, sedition charges against journalists (Vinod Dua, Siddique Kappan), farmers in Sirsa (Haryana), filmmaker Ayesha Sultana (Kerala) and even Ex-UP Governor Dr Aziz Qureshi (for making remarks against the present Chief Minister) are the incidents when Court granted interim relief, giving us hope that the misuse and arbitrary application of law to silence the voice of the people will be stopped.

Understanding Kedar Nath Singh v State of Bihar Case, 1962

The Court noted that the offence occurs in the chapter of the IPC relating to offences against the state (IPC Chapter VI) —not against any individual or political dispensation. The Court then laid down the law in the following words:

“The provisions of the sections along with the explanations make it reasonably clear that the sections aim at rendering penal only such activities as would be intended, or have a tendency, to create disorder or disturbance of public peace by resort to violence… It is only when the words, written or spoken, etc, which have the pernicious tendency or intention of creating public disorder or disturbance of law and order that the law steps in to prevent such activities in the interest of public order.”

Note that the keywords are “against the state,” “violence,” and “public disorder.” Without them, the offence of sedition does not take place.

Justice A P Shah (2017), while delivering the M N Roy Memorial Lecture, explained the Kedar Nath judgment further: The Court upheld the constitutionality of sedition, but limited its application to “acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence.” It distinguished these acts from “very strong speech” or the use of “vigorous words” which were strongly critical of the government.

WHY THE SEDITION LAW SHOULD BE DONE AWAY WITH?

POOR IMPLEMENTATION OF COURT GUIDELINES

• Every time the sedition case was getting quashed, the Judiciary guided the law enforcement agencies regarding its application. But the law enforcement agencies are not following the guidelines in letter and spirit.

INCREASING MISUSE OF SEDITION

• Between 2016 and 2019, the number of cases filed under Section 124-A (sedition) of the Indian Penal Code (IPC) increased by 160% while the rate of conviction dropped to 3.3% in 2019 from 33.3% in 2016, according to the National Crime Records Bureau (NCRB).

RECOMMENDATION OF LAW COMMISSION

• In 2018, the Law Commission of India questioned how far it is justified to retain Section 124A. It even suggested to re-think or repealing Section 124A of the Indian Penal Code.

AGAINST INDIA’S INTERNATIONAL COMMITMENT

• In 1979, India ratified the International Covenant on Civil and Political Rights (ICCPR). It sets forth internationally recognized standards for the protection of freedom of expression. However, misuse of sedition and arbitrary slapping of charges are inconsistent with India’s international commitments.

ABOLITION OF SEDITION IN OTHER PARLIAMENTARY SYSTEMS

• The U.K. abolished the offence of sedition in 2010. Whereas, India is still retaining the law given by the British Empire. Similarly, in Australia also, following the recommendations of the Australian Law Reform Commission (ALRC) the term sedition was removed and replaced with references to ‘urging violence offences’.

OTHER LAWS

• Various Sections of IPC, National Securities Act (NSA) and Unlawful Activities Prevention Act (UAPA) have provisions that penalize “disrupting the public order” or “overthrowing the government with violence and illegal means”. These are sufficient for protecting national integrity. There is no specific need for Section 124A.

SEDITION LAW IN OTHER COUNTRIES

THE UNITED KINGDOM

• The sedition law was officially repealed under Section 73 of the Coroners and Justice Act, 2009, citing a chilling effect on freedom of speech and expression.
• The common law on sedition, which is traced to the Statute of Westminster, 1275, when the King was considered the holder of divine right, was termed “arcane” and “from a bygone era when freedom of expression wasn’t seen as a right it is today.”

THE UNITED STATES

• Sedition is a federal felony under the Federal Criminal Code and was most recently used against rioters involved in the January 6, 2021 attack on the Capitol.
• Despite the First Amendment that forbids any restrictions on free speech, “conspiracy to interfere directly with the operation of the government” and not just speech is considered sedition.

AUSTRALIA

• Repealed its sedition law in 2010.

SINGAPORE

• Repealed the law in 2021 citing that several new legislations can sufficiently address the actual need for sedition law without its chilling effects.

THE WAY FORWARD:

• The Union and the states need to engage in wide-ranging consultations with relevant stakeholders in the spirit of the SC judgment with a view to the eventual satisfactory resolution of this issue.
• The definition of sedition should be narrowed down, to include only the issues pertaining to the territorial integrity of India as well as the sovereignty of the country. India is the largest democracy in the world and the right to free speech and expression is an essential ingredient of democracy. The expression or thought that is not in consonance with the policy of the government of the day should not be considered sedition.
• India’s aspirations to be a world leader will get a boost if we align ourselves with the best examples of the world as most of the democratic countries around the world have either done away with the Sedition Law or diluted it.
• The government shall show some restraint in invoking such a draconian law and shall also educate the Law enforcement authorities to prevent the problem of misuse. The enforcement authorities might be trained regarding the application and non-application in cases of sedition and other criminal defamation suits. It is also imperative to rethink keeping the sedition as a cognizable offence, which gives more scope for its misuse.
• The present-day laws of the modern democratic society must reflect the needs and demands of the society as well as be strong enough to protect the liberty of the citizens. Any change/ amendment to the law shall be made by keeping the public interest at the centre and in line with the international covenants & ethos of “Argumentative Indians.” Over the past few years, the government has already repealed various colonial laws in line with the idea of “Minimum Government and Maximum Governance” but the laws such as Sedition, Blasphemy, Unlawful Assembly etc must also be given a thought to bring a real change.
• The ideals of the Arthashastra (one of the philosophical sources of the Constitution of India), shall be given a thought that the king (Prime Minister) and other machinery of the state shall be benevolent towards its citizens. However, at the same time, it should not relegate its duties of protecting the safety, security, unity and integrity of the state.

It is power and power alone which, only when exercised by the king with impartiality and in proportion to guilt either over his son or his enemy, maintains both this world and the next.

The just and victorious king administers justice in accordance with Dharma (established law), Sanstha (customary law), Nyaya (edicts, announced law) and Vyavahara (evidence, conduct).

— Arthashastra 3.1

THE CONCLUSION: The enforcement or the threat of invocation of sedition constitutes an insidious form of unauthorised self-censorship by producing a chilling effect on the exercise of one’s fundamental right to free speech and expression. That is why the law needs to be repealed. However, it is unlikely that any government will give up this power, and it is therefore left to the courts to re-examine the constitutionality of sedition. It is not enough to expect an acquittal by the courts; we need to stop the misuse of the law to silence dissent by removing the source of the power itself or at least narrowing down its expanse.

MAINS PRACTICE QUESTIONS

• “Laws that can be easily misused should be reconsidered.” Critically analyse the statement in the context of the recent Supreme Court order related to Section 124A IPC.
• Discuss how Section 124A IPC has been misused in post-independence India? Should the law be repealed, if not, suggest measures to restrict its misuse?
• Despite the attempts made by the higher judiciary to restrict the scope of sedition to an act of incitement to violence, its application by the executive narrates a story of its continued misuse. Illustrate and comment.