1. Can civil servants express their views on law, governance? READ MORE
2. Memories & Imagination READ MORE

1. La Nina’s rare ‘triple dip’ likely to affect weather patterns globally READ MORE
2. Greenhouse gas, sea levels reached record highs in 2021: NOAA Report READ MORE
3. Climate Change for Us READ MORE
4. Live storage in India’s reservoirs increases by 1% READ MORE

1. A revert to the mean: Increase in violent crimes, suicides in 2021 points to indirect consequences of pandemic READ MORE
2. Debate: Care Work Support is Essential to Bring Women into Paid Work READ MORE
3. How the rural employment guarantee scheme is a double-edged sword for women READ MORE   

1. Set up an independent body to dissect poll promises READ MORE
2. Towering corruption: Time to punish guilty READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. To China’s fury, UN accuses Beijing of Uyghur rights abuses READ MORE
2. New PMO project gets green clearance READ MORE
3. Vostok-2022 commences in Russia with India, China participating READ MORE
4. Tech innovations for accessibility awarded READ MORE
5. IMF-Sri Lanka reach staff level agreement, Fund provisionally agrees on $2.9 billion loan READ MORE
6. What’s on the menu for India’s most endangered canid? READ MORE
7. La Nina’s rare ‘triple dip’ likely to affect weather patterns globally READ MORE
8. Greenhouse gas, sea levels reached record highs in 2021: NOAA Report READ MORE

Main Exam

GS Paper- 1

1. A revert to the mean: Increase in violent crimes, suicides in 2021 points to indirect consequences of pandemic READ MORE
2. Debate: Care Work Support is Essential to Bring Women into Paid Work READ MORE
3. How the rural employment guarantee scheme is a double-edged sword for women READ MORE   

GS Paper- 2

POLITY AND GOVERNANCE

1. Set up an independent body to dissect poll promises READ MORE
2. Towering corruption: Time to punish guilty READ MORE

SOCIAL ISSUES

1. NCRB data shows COVID-19 pandemic made children more vulnerable to crime READ MORE

INTERNATIONAL ISSUES

1. The big-picture takeaways from China’s Taiwan drills: The PLA has still to cover some gaps before it gains the confidence and warfare proficiency in any planned invasion READ MORE
2. INDIA MUST DEVELOP A NARRATIVE FOR WORLD READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. On freebies: We are asking the wrong questions READ MORE
2. Slow improvement: Fiscal authorities should spur consumption and investment to aid faster recovery READ MORE
3. Gati Shakti will ramp up logistics efficiency READ MORE
4. What is the state of the Indian economy today? READ MORE
5. Sole emphasis on GDP growth is misguided policy READ MORE

ENVIRONMENT AND ECOLOGY

1. Climate Change for Us READ MORE
2. Live storage in India’s reservoirs increases by 1% READ MORE

DISASTER MANAGEMENT

1. Community radio helps fight disasters READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. Can civil servants express their views on law, governance? READ MORE
2. Memories & Imagination READ MORE

Questions for the MAIN exam

1. ‘Some Indian states, heavily burdened with high fiscal deficit and debt levels, have performing better on developmental outcomes’. In the light of the statement discuss whether the states should be allowed to make their own decisions on welfare and freebies?
2. How far do you agree with this view that the New Criminal Identification Act will Create a Surveillance State? Analyse your view.

QUOTATIONS AND CAPTIONS

• Where there is an open mind, there will always be a frontier.
• Fiscal authorities should spur consumption and investment to aid faster recovery.
• The PLA has still to cover some gaps before it gains the confidence and warfare proficiency in any planned invasion.
• Increase in violent crimes, suicides in 2021 points to indirect consequences of pandemic.
• Maintaining momentum next year could be more challenging, with global growth slowing and lagged impact of monetary tightening in economy.
• It aims to seamlessly integrate data and logistics projects across the nation, to achieve greater global competitiveness.
• It is not extremely divergent from India’s stated targets at multilateral forums. It can always tweak the priority areas to make them more relevant for the evolving geopolitical order.
• Animal and climate justice groups pointed out that almost 60 per cent of the menu at the Conference was made up of high-carbon, meat and dairy products.
• While demand-side changes, such as the creation of job opportunities, are certainly needed to increase female participation in the labour force, there is an equivalent need to share the care work burden that is disproportionately thrust on women.

 50-WORD TALK

• Even though the IMF’s agreed to bail out economically-devastated Sri Lanka, the country’s far from safe harbour. The IMF requires that foreign creditors agree to restructure Lanka’s debts. Big-lender China, though, is reluctant to share the burden. The IMF’s also demanded tough fiscal and policy reforms. Testing times lie ahead.
• The path of zero growth and degrowth is more valid for highly industrialised countries which have gone through overgrowth, leading to global environmental degradation. The developing countries still need some growth to meet the basic needs of millions of its poor people, but that growth must be environmentally informed and equitable in nature. Sustainable and equitable development must replace the prevalent obsession with maximising economic growth.

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 will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same 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 HEALTH ISSUES

1. INDIA’S FIRST INDIGENOUSLY DEVELOPED QHPV AGAINST CERVICAL CANCER

THE CONTEXT: Recently Serum Institute of India (SII) and Department of Biotechnology (DBT) launched indigenously developed quadrivalent Human Papilloma Virus (HPV) vaccine for prevention of cervical cancer.
THE EXPLANATION:
• The Drug Controller General of India (DCGI) last month granted market authorization to Serum Institute of India (SII) for the production of this indigenously developed vaccine against cervical cancer.
• It will be the first Quadrivalent Human Papillomavirus vaccine (qHPV) in India, to prevent cervical cancer.
• After the launch of this vaccine, the government will soon run a national immunization program for girls in the age group of 9-14 years.
• In 85 percent to 90 percent of cervical cancer cases, it has been seen that the cancer used to grow in the absence of a vaccine, but now it will not happen. If we give this vaccine to young children and daughters in advance, then they will be safe from infection and it is possible that they may not get cervical cancer after 30 years.
Cervical cancer in India
Cervical cancer is the second most common cancers among women in India, even though it is preventable. This cancer is commonly diagnosed among women aged 15 to 44 years of age. According to Globocan 2020, cervical cancer stood at 9.4% of all cancers and 18.3% of new cancer cases in 2020. During 1990-2016, cervical cancer was the second main factor of cancer deaths for women across 12 Indian states.
National Cancer Control Programme (NCCP)
National Cancer Control Programme was first started in India in 1975. Under the programme, priorities were given to equip existing cancer hospital and institutions. Central assistance of Rs 2.50 lakhs was provided to each cancer institution, in a bid to purchase cobalt machines for radiotherapy.

VALUE ADDITION:
Human Papilloma Virus (HPV) :
Types: HPV is a type of virus, of which there are more than 100 types.
Transmission: More than 40 types of HPV are spread through direct sexual contact.
Symptoms:
• Most people do not develop any symptoms.
• The virus can sometimes take years before it causes any symptoms.
Impacts:
• Out of these 40, two cause genital warts, while about a dozen of HPV cause different types of cancer including cervical, anal, oropharyngeal, penile, vulvar and vaginal.
• India is home to 16-17 percent of the world’s population, globally 27 per cent of total cervical cancer cases are from here.
• In India, about 77 percent cases of cervical cancer are caused by HPV 16 and 18.
HPV Vaccines:
• Quadrivalent vaccine (Gardasil) – Protects against four types of HPV (HPV 16, 18, 6 and 11).
• Bivalent vaccine (Cervarix)- Protects against HPV 16 and 18 only.
• Non valent vaccine (Gardasil 9) – Protects against nine strains of HPV.
HPV vaccination in India:
• In India, bivalent and quadrivalent HPV vaccines were licensed in 2008 and a non valent vaccine was licensed in 2018.
• HPV vaccines are given as a two-dose regimen, six months apart for girls below the age of 14 years.
• For those who are 15 and older, the vaccine is given in a three-dose regimen.

THE INTERNATIONAL RELATIONS

2. INDIA-NEPAL MOU ON BIODIVERSITY CONSERVATION

THE CONTEXT: Recently, the Union Cabinet has approved a Memorandum of Understanding with the Government of Nepal on Biodiversity Conservation proposed by the Ministry of Environment, Forest and Climate Change.
THE EXPLANATION:
• This MoU has been signed to strengthen and enhance coordination and cooperation between the two countries in the fields of forestry, biodiversity conservation and climate change.
• It will also help in restoration of corridors and connecting regions and sharing of knowledge and best practices between the two countries.
• The shared Indo-Nepal border of over 1,850 km touches five Indian states – Sikkim, West Bengal, Bihar, Uttar Pradesh and Uttarakhand. India and Nepal are already cooperating on a number of wildlife-related issues, but this will strengthen bilateral cooperation and strengthen the management of important cross-border wildlife habitats.
The joint border of India and Nepal includes many border wildlife habitats. For example, the Valmiki Tiger Reserve in Bihar connects to the Chitwan National Park and Parsa Wildlife Sanctuary in Nepal. Similarly, Dudhwa Tiger Reserve in Uttar Pradesh shares its boundary with Shukla Phanta National Park in Nepal. Thus, this MoU is expected to have a significant focus on the management of the marginal landscape.
VALUE ADDITION:
Kunming Biodiversity fund
The funding issue for the Kunming Biodiversity Fund will be taken up in January 2022 at negotiations in Geneva. China’s pledge is below the $4 billion committed by Britain for conservation projects across the world as well as France’s commitment to spend 30 percent of its climate finance on protection of biodiversity.

UN Convention on Biological Diversity
This convention has been ratified by 195 countries and the European Union. However, United States is not ratified it even though it has been world’s biggest polluter historically.

3. SPIKE IN HAND, FOOT, AND MOUTH DISEASE

THE CONTEXT: Recently there has been a spike in cases of Hand, Foot, and Mouth Disease (HFMD) in Mumbai. As per data provided by the state’s public health department, till August 28, Maharashtra has reported 250 cases of hand-foot-and-mouth disease. Of the total cases reported in the state, all but one were from Mumbai circle.
THE EXPLANATION:
What is Hand, Foot, and Mouth Disease, and how does it spread?
• Hand, Foot, and Mouth Disease is common in children under the age of 5, but anyone can get it. It is most commonly caused by a coxsackievirus, which belongs to a group of viruses called nonpolio enteroviruses. The illness is usually not serious, but is very contagious. It spreads quickly at schools and daycare centers.

Are children with HFMD requiring hospitalisation?
• A majority of children have recovered at home and rarely require hospitalisation. As it is a self-limited illness, the symptoms last up to 7-10 days and fade away.
• However, doctors also cautioned to keep a close eye on children with weak immunity or who haven’t improved even after 10 days. “Some children may develop complications due to dehydration because of poor oral intake. Also, they may develop viral meningitis, encephalitis, paralysis and loss of nails”.
• The child may need admission only if there is a severely reduced oral intake or persistent high fever.

What are symptoms, treatment for Hand, Foot, and Mouth Disease?
• Patients usually develop fever, sore throat, painful blister-like lesions on the tongue, gums and inside of the cheeks. “The children may develop ulcers inside their mouths. Also, rashes are noticed on the palms, soles and sometimes the buttocks”.
• Children are mostly treated with anti-allergic medicines and ointments. The lesions usually disappear in five to six days. “Drink enough liquids. Mouth sores can make it painful to swallow, so your child may not want to drink much. Make sure they drink enough to stay hydrated,” stated the Centre for Disease Control and Prevention (CDC).
Reye’s syndrome
In Reye’s syndrome, a child’s blood sugar level typically drops while the levels of ammonia and acidity in his or her blood rise. At the same time, the liver may swell and develop fatty deposits. Swelling may also occur in the brain, which can cause seizures, convulsions or loss of consciousness

THE ENVIRONMENT, ECOLOGY AND CLIMATE CHANGE

4. EXPLAINED: WHAT IS ‘ZOMBIE ICE’, HOW IT THREATENS TO RAISE GLOBAL SEA LEVELS BY OVER 10 INCHES

THE CONTEXT: According to a study published in the journal Nature Climate Change where scientists for the first time calculated minimum ice loss in Greenland, and the corresponding rise in global sea level.
THE EXPLANATION:
The melting of the Greenland ice sheet will unavoidably raise the global sea levels by at least 10.6 inches or 27 centimetres, no matter what climate action the world decides to take right now. This is because of ‘zombie ice’, which is certain to melt away from the ice cap and blend into the ocean.

What is ‘zombie ice’?
• Also referred to as dead or doomed ice, zombie ice is one that is not accumulating fresh snow even while continuing to be part of the parent ice sheet. Such ice is “committed” to melting away and increasing sea levels.
• Experts noted that “This ice has been consigned to the ocean, regardless of what climate scenario we take now….more like a foot in the grave”.

What has led to this?
According to researchers, this is on account of warming that has already happened. The research points to an equilibrium state where snowfall from the higher reaches of the Greenland ice cap flows down to recharge edges of the glaciers, and thicken them. It says that over the last several decades there has been more melting and less replenishment.

What happens next, and by when?
• By calculating minimum committed ice loss based on the ratio of recharge to loss, the scientists have projected that 3.3% of Greenland’s total ice volume will melt, and this will happen even if the global temperature is stabilized at the current level. But given that global warming is predicted to get worse, the melting and the corresponding rise in sea level could be much worse. The study says it could reach as much as 30 inches (78 centimetres) if Greenland’s record melt year (2012) becomes a routine phenomenon.
• However, the research team has not given a timeline. All that it mentions is that this committed melting is likely “within this century”.
• But while some have questioned the timeframe being left out as an unknown, others have said the study gives a solid conservative estimate of what is likely to happen.

What does a 10-inch rise in sea-level mean?
• The inevitable sea-level rise that the study predicts is particularly a bad news for millions that live in coastal zones. According to the UN Atlas of the Oceans, 8 of the world’s 10 largest cities are near a coast. Rising sea levels will make flooding, high tides and storms more frequent and worse as their impact will reach more inland. This, in turn, means a threat to local economies and infrastructure. Also, low lying coastal areas will take a harder hit.
• The World Economic Forum’s 2019 Global Risks Report noted that “already an estimated 800 million people in more than 570 coastal cities are vulnerable to a sea-level rise of 0.5 metres by 2050”.

THE ECONOMIC DEVELOPMENTS

5. NSO DATA ON INDIA’S GDP RATE IN Q1

THE CONTEXT: Recently, the National Statistical Office (NSO), Ministry of Statistics and Program Implementation released the estimates of Gross Domestic Product (GDP) at constant (2022-23) and current prices for the first quarter (April-June) of 2022-23.
THE EXPLANATION:
• In the first quarter (April-June) of the current financial year, the country’s economy has registered a growth of 13.5 percent. However, this growth has been around 3 per cent lower than the estimate expressed by the RBI earlier this month.
• The GDP growth rate in the April-June quarter of the last financial year (2021-22) was 20.1 per cent.
• At the same time, real GDP at constant prices (2011-12) is estimated at Rs 36.85 lakh crore in the first quarter of 2022-23. It was Rs 32.46 lakh crore in the same quarter last year.
• Gross Value Added (GVA) refers to the total value of goods and services in a country’s territory over a given period of time.Gross value added (GVA) grew 12 per cent to Rs 34.41 lakh crore in the April-June quarter this year.
• The growth rate of GVA in the agriculture sector stood at 4.5 per cent in Q1 as against 2.2 per cent in the same quarter a year ago. However, the growth rate of GVA in the manufacturing sector declined to 4.8 per cent from 49 per cent in the same quarter a year ago.
• According to the data, GVA growth in the mining sector stood at 6.5 per cent from 18 per cent in the April-June quarter of 2021-22 a year ago. The growth rate of GVA in the construction sector declined to 16.8 per cent in the quarter ended June 2022 from 71.3 per cent in the same quarter a year ago.
• On the other hand, in services sectors such as trade, hotels, transport, communication and broadcasting, it has a GVA growth rate of 25.7 per cent in the first quarter of the current fiscal.
• Eight infrastructure sectors which include coal, crude oil, natural gas, refinery products, fertilisers, steel, cement and electricity. In this, the production growth rate in April-July in the current financial year was 11.5 percent, which was 21.4 percent a year ago.
National Statistical Office (NSO)
• NSO as an agency that was formed on the recommendation of the Rangarajan Commission. The office was set up to implement and maintain the statistical standards and coordinate the statistical activities of Central and State agencies in accordance with the National Statistical Commission (NSC).
• The Rangarajan Commission had also recommended to set up the NSC. NSC is headed by a person having a “Minister of State-Level designation”. NSC will serve as a nodal body for all core statistical activities in India. NSO was formed after merging the National Sample Survey Office (NSSO) and Central Statistics Office (CSO) under the Ministry of Statistics and Programme Implementation (MoSPI).

THE GOVERNMENT SCHEMES IN NEWS

6. RASHTRIYA POSHAN MAAH 2022

THE CONTEXT: The Ministry of Women and Child Development is celebrating 5th Rashtriya Poshan Maah 2022 from 1st to 30th September 2022. This year, with the main focus on “Mahila aur Swasthya” and “Bacha aur Shiksha”,PoshanMaah is to be started as Poshan Panchayat through Gram Panchayats.
THE EXPLANATION:
• Pregnant and lactating women, children below six years of age and adolescent girls will be given special attention in this month-long Poshan Maah. Along with this, they will be made aware about the importance of nutrition through sensitization campaigns, outreach programs, and camps.
• Awareness activities will be conducted at the Panchayat level by the concerned District Panchayati Raj Officers, CDPOs, local officials.
• This time a national level toy manufacturing workshop will also be organized to promote the use of indigenous and local toys for teaching children in Anganwadi centers.
• Under this program, the importance of rainwater harvesting will be emphasized among women at Anganwadi centers as well as information related to traditional food items for healthy mother and child in tribal areas will be provided.
• Under the state level activities, ‘Amma ki Rasoi’ of traditional nutritious dishes will also be operated. Also, extensive efforts will be made to integrate traditional foods with local festivals during Poshan Maah.
About POSHAN Abhiyaan
POSHAN Abhiyaan is the flagship programme of government of India to improve nutritional outcomes for pregnant women, lactating mother, children and adolescent Girls. This mission was launched by Prime Minister on the occasion of International Women’s Day on March 8, 2018. POSHAN stands for “Prime Minister’s Overarching Scheme for Holistic Nutrition” Abhiyaan. This mission was announced in Budget 2021-2022.
Aim of the Mission
POSHAN Abhiyaan divert the attention of country towards the problem of malnutrition and address it in a mission-mode. This mission focuses on the aims of POSHAN Abhiyaan, Mission Poshan 2.0. it seeks to strengthen nutritional content, delivery, outreach and outcomes in order to develop practices that nurture health, wellness and immunity on disease as well as malnutrition.
Jan Andolan
POSHAN Abhiyaan is a Jan Andolan or People’s Movement. It incorporates inclusive participation of public representatives of local bodies, government department from States or UTs, Public & Private sector and social organizations.

THE DATA POINT

[WpProQuiz 323]

THE CONTEXT: The Supreme Court, in July 2022,in Satender Kumar Antil vs Central Bureau of Investigation, recommended the Union Government introduce a special enactment like a “Bail Act” to streamline the grant of bail. The court also gave other directions for making the process of granting bail efficient and effective.  This article analyses these developments from the UPSC perspective.

AN OVERVIEW OF THE JUDGMENT OF THE SUPREME COURT

A BAIL ACT

• The Government of India may consider the introduction of a separate enactment in the nature of a Bail Act so as to streamline the grant of bails.

COMPLIANCE WITH CrPC

• The investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41A of the CrPC and the directions issued by this Court in Arnesh Kumar.
• Any dereliction on their part has to be brought to the notice of the higher authorities by the court.
• The courts will have to satisfy themselves on the compliance of Section 41 and 41A of the Code. Any non-compliance would entitle the accused for a grant of bail

FORMULATION OF STANDING ORDERS

• All the State Governments and the Union Territories are directed to facilitate standing orders for the procedure to be followed under Sections 41 and 41A of the Code

ARREST AS A LAST RESORT

• There needs to be strict compliance with the mandate laid down in the judgment of this court in Siddharth(in which it was held that investigating officers need not arrest each and every accused at the time of filing the charge sheet).

CREATION OF SPECIAL COURTS

• The State and Central Governments will have to comply with the directions issued by this Court from time to time with respect to the constitution of special courts. The High Court in consultation with the State Governments will have to undertake an exercise on the need for special courts. The vacancies in the position of Presiding Officers of the special courts will have to be filled up expeditiously.

RELEASE OF UNDERTRIALS

• The High Courts are directed to undertake the exercise of finding out the undertrial prisoners who are not able to comply with the bail conditions. After doing so, appropriate action will have to be taken in light of Section 440 of the Code, facilitating the release.
• An exercise will have to be done in a similar manner to comply with the mandate of Section 436A of the Code both at the district judiciary level and the High Court as earlier directed by this Court in Bhim Singh.

TIME-BOUND DISPOSAL OF BAIL APPLICATION

• Bail applications ought to be disposed of within a period of two weeks and applications for anticipatory bail are expected to be disposed of within a period of six weeks.

REPORT ON CONFORMITY

• All State Governments, Union Territories and High Courts are directed to file affidavits/ status reports within a period of four months.

WHAT IS A BAIL AND WHAT ARE ITS TYPES?

A Bail denotes the provisional release of an accused in a criminal case in which court the trial is pending and the Court is yet to announce judgement. The term ‘bail’ means the security that is deposited in order to secure the release of the accused. There are 3 types of bail Regular, Interim and Anticipatory.

1. Regular bail- A regular bail is generally granted to a person who has been arrested or is in police custody. 2005 amendment to the CrPC abolished sureties in the case of indigent(poor)  people.

1. Interim bail- This type of bail is granted for a short period of time and it is granted before the hearing for the grant of regular bail or anticipatory bail.
2. Anticipatory bail- Anticipatory bail is granted under section 438 of CrPC either by session court or High Court. An application for the grant of anticipatory bail can be filed by the person who discerns that he may be arrested by the police for a non-bailable offence.

THE PRISON STATISTICS INDIA–2020- NATIONAL CRIME RECORDS BUREAU (NCRB).

• The increase in the share of under-trials in prisons was at an all-time high. PSI 2020 puts the percentage at 76% in December 2020: An increase from the earlier 69% in December 2019. The people who are undertrials are those yet to be found guilty of the crimes they have been accused of.  In 17 states, on average, prison populations rose by 23% from 2019 to 2021, as opposed to 2-4% in previous years.
• The appalling figures come from states such as Uttar Pradesh, Sikkim, and Uttarakhand,which had tragic occupancy rates of 177%, 174%, and 169%, respectively (December 2020).
• Only Kerala(110% to 83%), Punjab (103% to 78%), Haryana (106% to 95%) Karnataka (101% to 98%), Arunachal Pradesh (106% to 76%) and Mizoram (106% to 65%) could reduce their occupancy of prisons below 100%.

BAILABLE OFFENCE AND NON-BAILABLE OFFENCE

The Criminal Procedure Code, 1973 talks in detail about the bail process and how it has to be obtained. However, it does not define bail. Section 2(a) Cr.P.C. says that a bailable offence means an offence which is shown as bailable in the First Schedule or which is made bailable by any other law for the time being in force, and a non-bailable offence means any other offence. The Code of Criminal Procedure deals with various provisions as to bail and bonds. It lays down when bail is the right of the accused, when bail is the discretion of the Court, in what circumstances said discretion can be exercised, what are the terms and conditions which would be required to be observed by the accused, who has been released on bail and what powers are vested in the Court in the event of accused committing default of bail order etc.

WHY THERE IS A TENDENCY TO DENY BAIL?

Motivated arrest often leads to denial of bail and mechanical remand by the subordinate judiciary. Due to the concept of pecuniary ‘surety’, the archaic Indian law on bail already had a class character wherein, for the rich, bail is the rule and for the poor, invariably, jail. Justice Krishna Iyer in the Moti Ram case where a poor labourer was asked for a surety of Rs 10,000 in 1978 was pained to observe that “the poor are priced out of their liberty in the justice market.” Lately, it would appear that religion is a new class.It has been seen that many times, particularly when either the cases are controversial or delicate or political in nature or where there can be an outburst, the tendency in the lower courts is why should we do it, let the person take it from the high court or Supreme Court.”A tendency among government agencies to hand over documents in sealed covers to courts in “every case” coupled with an inclination among judges to verbatim reproduce their contents as judicial findings also lead to denial of bail. In non-bailable offences, bail is discretionary and there are conditions that the judge may impose which are selectively applied many times. Also, there are special penal laws like the UAPA, PMLA etc where some overzealous SC judges have given a free pass to the executive.

IMPLICATIONS OF DENIAL OF BAIL

• Violation of the principle “bail is the rule, jail is the exception
• The rights of the citizens are unjustifiably curtailed
• Overcrowding of prisons and increase in state expense
• Inefficiency in the criminal justice system
• Scope for rent-seeking, corruption at multiple levels
• Productivity of the individual is lost
• Social stigma and long incarceration
• The process becomes the punishment
• Chances for reformation and rehabilitation reduce.

HOW CAN A SEPARATE BAIL LAW ADDRESS THE SITUATION?

CrPC IS ESSENTIALLY COLONIAL

• Notwithstanding subsequent revisions, the CrPC essentially retains its initial form as drafted by a colonial power over its subjects.
• The Code does not see the arrest as a fundamental liberty concern.

UNIFORMITY AND CERTAINTY

• “The cornerstones of judicial dispensation are uniformity and predictability in court decisions.” Persons accused of the same offence shall not be treated differently by the same court or by separate courts.

INTERNATIONAL EXPERIENCE

• In the United Kingdom and many states in the United States, there are specific laws that lay down guidelines for arrests and grants of bail. There is a “pressing need” for a similar law in India.

DEDICATED LEGAL REGIME

• several previous judgments and guidelines regarding bail and the numerous conditions that need to be complied with while arresting an accused are often not followed.
• So a new bail law will integrate these aspects and provide a cohesive form which can be a shot in the arm for personal liberty.

THE BAIL ACT OF THE UNITED KINGDOM

The Bail Act of the United Kingdom of 1976 governs the process of granting bail. One distinguishing element is that one of the legislation’s goals is to “reduce the size of the convict population.” The statute also includes procedures for defendants to receive legal representation.  The Act recognises a “general right” to bail. Section 4(1) establishes the presumption of bail by declaring that the legislation applies to a person who shall be granted bail unless otherwise provided for in Schedule 1 to the Act.

In order to reject bail, the prosecution must demonstrate that there are reasonable grounds to believe the defendant on bail will not surrender to custody, will commit an offence while on bail, will interfere with witnesses, or will otherwise obstruct the course of justice;

WHETHER INDIA NEEDS A SEPARATE BAIL LAW?

LAW COMMISSION REPORT

• When the Department of Legal Affairs asked the Law Commission about the need for a separate bail law in India in 2015, the commission concluded that it wasn’t required.

IMPUNITY FOR OFFICERS STILL EXIST

• The problem is not a lack of guidelines but the fact that there are no consequences for officials who violate them.
• There is a belief that officers can get away with not following the law.
• The authorities follow the procedure “as per their wish”. A new Bail Act is unlikely to change the situation.

DOES NOT ADDRESS THE ROOT CAUSE

• Laws dealing with criminal activity provide high scope for police discretion, especially in cognizable offences. For instance Section 124A of IPC deals
• with sedition(before the SC judgment on sedition) and Section 153A is related to promoting enmity between groups. Also, the vague and overarching terms in laws like UAPA, IT Act
• 2000, etc provide huge scope for abuse of these laws by police. In PUCL Vs. Union of India, 2021, the Supreme Court felt appalled after finding that
• people are still being booked and tried under Section 66A of the Information Technology Act.

THE EXECUTIVE IS AN INTERESTED PARTY

• The judiciary is better placed to deal with issues of bail instead of the government. The law made by “the state may have the potential to introduce caveats on the law of bail,” which in effect create more problems than they purport to solve.

DISCRETION OF THE JUDGES CAN’T BE CODIFIED

• The enormity of the charge, nature of the accusation, severity of punishment on conviction, possibility of the accused absconding if released on bail, the danger of witnesses being tampered with, health, age and sex of the accused etc. are the crucial grounds for deciding the bail which can’t be measured through a straightjacket mathematical formula.
• Discretion will always create a chance for rent-seeking and biased decisions of the judges, even in the presence of bail law.

THE WAY FORWARD:

1. A Bail Act in the line of the developed democracies can be enacted after a wide-ranging consultation although it in itself is not a panacea for the problem of denial of bail.
2. The judicial discretion in granting bail needs to be circumscribed and cannot be used in an arbitrary manner; sound discretion is guided by law and governed by rule and by the whims and fancies of the judge. The subordinate judiciary and the High Courts need to be sensitized and taken to task for rejecting bail on sterile and irrelevant grounds and also for imposing onerous bail conditions.
3. According to 21^st Law Commission, Confinement is detrimental to the person accused of an offence who is kept in custody, imposes an unproductive burden on the state, and can have an adverse impact on future criminal behaviour, and its reformative perspectives will stand diminished.  Hence, the bail should not be denied unless there are compelling circumstances.
4. The problem of delays in deciding bail applications can be reduced by utilizing e-governance, and AI  and also by improving the infrastructure base of the district judiciary through the establishment of a National Judicial Infrastructure Corporation.
5. The process of arrest by the police and other investigative agencies needs to be strictly in accordance with the laws and directions of the SC. Exemplary punishment needs to be awarded for violation
6. Legal education and awareness of the legal system and legal aid is the need of the hour and the Legal Services Authorities need to take concrete steps in this regard.
7. A comprehensive reform in the entire criminal justice system is required to address the root causes and the Malimath Committee report provides a goldmine of suggestions in this regard.

THE CONCLUSION: As per the NCRB data around 76 per cent of inmates in the prison are undertrials who are mainly booked for non-heinous crimes and the major reason for such a state of affairs is the poor bail system in the country. The SC directions and recommendation for a separate bail law have come as a fresh lease of life, but without a comprehensive overhauling of the criminal justice system, these measures may not have the desired impact.

QUESTIONS TO PONDER

1. Critically examine the need for a separate Bail Law in India.
2. What are the implications of the denial of bail in deserving cases? How far do you think that a separate bail law can actually implement the principle “ bail is the rule, jail is the exception” on the ground?