1. A cure for insecurity READ MORE
2. Just realise that we all are born initiated READ MORE
3. Think less to live longer READ MORE

1. El Nino 2023: Warming this year last seen in 2009; may cause global marine devastation; here’s how READ MORE
2. Why melting glaciers are causing both drought and floods in the Himalayas READ MORE

1. An unfinished task of social justice politics READ MORE
2. Don’t drop disability questions from NFHS-6. It will create an information gap READ MORE

1. A letter to India’s elected representatives READ MORE
2. Classification under SC, ST categories: Recognition needs to go beyond govern-analytics READ MORE
3. Why the Law Fails to Ensure Politicians Don’t Ask for Votes in the Name of Religion READ MORE
4. Govts must heed SC on frivolous cases READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. Unfazed by sanctions, Iran unveils new ‘hypersonic missile’ that can cover 1,400 km READ MORE  
2. Frontline dam blown up in Kherson; Russia, Ukraine blame each other READ MORE
3. Will the WHO’s ‘pandemic treaty’ leave out antimicrobial resistance? READ MORE
4. Why is there trouble in Kosovo again? READ MORE
5. NCB arrests six after huge haul of LSD and marijuana READ MORE
6. Government increases MSP of kharif crops READ MORE
7. What is KFON, Kerala’s scheme for internet connectivity for all households READ MORE
8. Deposit insurance cover for PPIs: How will customers benefit? READ MORE
9. A Shocking Number of Birds Are in Trouble READ MORE

Main Exam

GS Paper- 1

1. El Nino 2023: Warming this year last seen in 2009; may cause global marine devastation; here’s how READ MORE
2. Why melting glaciers are causing both drought and floods in the Himalayas READ MORE
3. An unfinished task of social justice politics READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. A letter to India’s elected representatives READ MORE
2. Classification under SC, ST categories: Recognition needs to go beyond govern-analytics READ MORE
3. Why the Law Fails to Ensure Politicians Don’t Ask for Votes in the Name of Religion READ MORE
4. Govts must heed SC on frivolous cases READ MORE

SOCIAL ISSUES AND SOCIAL JUSTICE

1. Don’t drop disability questions from NFHS-6. It will create an information gap READ MORE

INTERNATIONAL ISSUES

1. Why Iran reopening its embassy in Saudi Arabia is a big deal READ MORE
2. C Raja Mohan writes on Shangri La Dialogue: Modi and Biden’s New Asia READ MORE
3. Indo-US defence ties: Closer cooperation needed to counter China READ MORE
4. Managing diplomatic contradictions: Decision to hold the upcoming SCO summit in the virtual mode is intriguing READ MORE
5. Economic cooperation in the neighborhood READ MORE
6. Virtual SCO summit plan sends the right signals READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. Latest GDP estimates: Recovery is partial and uneven, scars remain READ MORE
2. The great India stack story the world is following READ MORE
3. Easier banking: RBI panel proposals a boost for customer care READ MORE
4. Monetary Policy | Shall we pause for a moment? READ MORE
5. Is AI a boon or bane for Indian IT companies? READ MORE

ENVIRONMENT AND ECOLOGY

1. Holistic approach makes agrarian systems more climate-resilient: Study READ MORE

SCIENCE AND TECHNOLOGY

1. Is India missing the graphene bus? READ MORE

DISASTER MANAGEMENT

1. Preventing landslips: NHAI initiates action on Parwanoo-Solan stretch READ MORE

SECURITY

1. Tackling cyber crime READ MORE
2. Cracking down on fraud in cyberspace READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. A cure for insecurity READ MORE
2. Just realise that we all are born initiated READ MORE
3. Think less to live longer READ MORE

Questions for the MAIN exam

1. Democratic values are enshrined by the functioning of constitutional and legal institutions. Comment.
2. ‘An accurate estimate of India’s disabled population would help strengthen their case in Parliament and local elected bodies such as Panchayats’. Discuss the statement in light of government’s decision to drop disability-related questions from the National Family Health Survey-6.
3. Decentralising power and empowering local governments can enhance accountability and promote citizen participation in matters of national importance. Justify the statement.

QUOTATIONS AND CAPTIONS

• The principle of give and take is the principle of diplomacy — give one and take ten.
• Parliament has lost its effectiveness as an instrument of oversight and there is a declining process of scrutiny, debate and dissent.
• US initiatives in Indo-Pacific are paying dividends as many Asian nations are developing the political will to confront China.
• The India-Nepal ties are bound to improve after Prachanda’s recent visit, in which seven agreements have been signed at the risk of irritating the dragon.
• An accurate estimate of India’s disabled population would help strengthen their case in Parliament and local elected bodies such as Panchayats.
• Democratic values are enshrined by the functioning of constitutional and legal institutions.
• To ensure that people of high ethical values are elected as representatives of the people of India, the RPA has laid down certain rules of electoral morality and prohibited certain acts which denigrate the purity of the elections.
• It is time we revive our political morality to uphold conventional and constitutional values.
• Many democratic countries, including the UK, have removed sedition as an offence from the statute book. India should follow that. Hopefully the Supreme Court will stick to the right view.
• The Supreme Court’s criticism of the tendency of governments to engage in litigation on the most unnecessary grounds and contribute to the backlog of cases in courts must be paid heed to.
• Governments should review all cases pending before the courts and withdraw all vexatious and unnecessary cases. Such a spring cleaning will be in the interest of justice and governance.
• AI might not impact the revenues and profitability of IT companies if they are proactive in using AI and adapt to the latest developments.
• Developed countries should extend adequate financial and technical assistance to the developing countries to fight climate change.

50-WORD TALK

• US allowing transfer of defence technology for critical systems to India is an indicator of how far bilateral relations between the two countries have travelled from the extreme cynicism of the 1960s. Ignore the rhetoric of de-dollarisation and multilateralism. The bottomline is that India and US are closer than ever.
• Kerala High Court’s order quashing criminal charges against a woman for posting a video of her children painting her semi-nude body is bold, progressive. Nudity and obscenity aren’t synonymous, it said, reaffirming a woman’s right over her body. The POCSO charge was absurd. The court’s right to expose this narrow-mindedness.

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.

1. DEPOSIT INSURANCE COVER FOR PREPAID PAYMENT INSTRUMENT (PPIs)

TAG: GS 3: ECONOMY

THE CONTEXT: An RBI-appointed committee has recommended that the central bank should examine the extension of Deposit Insurance and Credit Guarantee Corporation (DICGC) cover to PPIs, which, at present, is available only to bank deposits.

EXPLANATION:

• The committee said the RBI has authorised a number of banks and non-banks entities to issue PPIs in the country recently. The money kept in wallets is in the nature of deposits. However, currently, the DICGC cover extends only to bank deposits.
• Prepaid Payment Instrument (PPI) holders may soon get protection for their money against any fraud or unauthorised payment transactions.

What are PPIs?

• PPIs are instruments that facilitate the purchase of goods and services, conduct of financial services and enable remittance facilities, among others, against the money stored in them. PPIs can be issued as cards or wallets.
• There are two types of PPIs – small PPIs and full-KYC (know your customer) PPIs. Further, small PPIs are categorized as – PPIs up to Rs 10,000 (with cash loading facility) and PPIs up to Rs 10,000 (with no cash loading facility).
• PPIs can be loaded/reloaded by cash, debit to a bank account, or credit and debit cards. The cash loading of PPIs is limited to Rs 50,000 per month subject to the overall limit of the PPI.

Who can issue PPI instruments?

• PPIs can be issued by banks and non-banks after obtaining approval from the RBI. As in November, 2022, over 58 banks including Airtel Payments Bank, Axis Bank, Bank of Baroda, Jio Payments Bank, Kotak Mahindra Bank, Standard Chartered Bank, UCO Bank and Union Bank have been permitted to issue and operate prepaid payment instruments.
• There are 33 non-bank PPI issuers. Some of the non-bank PPI issuers are Amazon Pay (India), Bajaj Finance, Delhi Metro Rail Corporation Ltd, Manappuram Finance Ltd, Ola Financial Services, Razorpay Technologies and Sodexo SVC India Pvt.

What is Deposit Insurance and Credit Guarantee Corporation (DICGC)?

• DICGC is a wholly-owned subsidiary of the RBI and provides deposit insurance. The deposit insurance system plays an important role in maintaining the stability of the financial system, particularly by assuring the small depositors of the protection of their deposits in the event of a bank failure.
• The deposit insurance extended by DICGC covers all commercial banks including local area banks (LABs), payments banks (PBs), small finance banks (SFBs), regional rural banks (RRBs) and co-operative banks, that are licensed by the RBI.

What does the DICGC insure?

• DICGC insures all deposits such as savings, fixed, current and recurring including accrued interest. Each depositor in a bank is insured up to a maximum of Rs 5 lakh for both principal and interest amount held by them as on the date of liquidation or failure of a bank.
• The earlier insurance cover provided by DICGC was Rs one lakh. However, the limit of insurance cover for depositors in insured banks was raised to Rs 5 lakh in 2020.

2. SMART BANDAGE

TAG: GS 3: SCIENCE AND TECHNOLOGY

THE CONTEXT: A wearable, wireless, flexible “smart bandage” as big as a finger can deliver drugs while monitoring the healing status of wounds and transmitting data to a smartphone.

EXPLANATION:

• A normal bandage heals by slowly closing wound as the body repaired it, restoring the skin to nearly its initial condition. It consists of various stages in which different skin cells participate.
• Sometimes, complications from conditions like diabetes, insufficient blood supply, nerve damage, and immune system dysfunction can impair wound healing, resulting in chronic wounds.
• In March 2023, a study was published in Science Advances that offered to help accelerate healing in such cases using a wearable, wireless, mechanically flexible “smart bandage” as big as a finger.

What is a smart bandage and how it works?

• This device is built in Dr. Gao’s lab, is assembled on a soft, stretchable polymer that helps the bandage maintain contact with and stick to the skin. The bioelectronic system consists of biosensors that monitor biomarkers in the wound exudate. (Exudates are the fluids exiting the wound.)
• Data collected by the bandage is passed to a flexible printed circuit board, which relays it wirelessly to a smartphone or tablet for review by a physician. A pair of electrodes control drug release from a hydrogel layer as well as stimulate the wound to encourage tissue regrowth.
• In the new design, the researchers enclosed the sensors in a porous membrane, protecting their parts and increasing their operational stability.
• Biosensors determine the wound status by tracking the chemical composition of the exudates, which changes as the wound heals. Additional sensors monitor the pH and temperature for real-time information about the infection and inflammation.
• The wireless nature of the device sidesteps the problems of existing electrical stimulation devices, which usually require bulky equipment and wired connections, limiting their clinical use.
• The researchers tested the properties of their bandage in vitro. They loaded an antimicrobial substance onto the hydrogel platform, and found it – using the bandage’s features – to be effective against a variety of bacteria commonly associated with chronic wounds. Investigations using skin cells showed that the bandage’s electrical stimulation did enhance tissue regeneration.
• It doesn’t have to be removed frequently to monitor the status and apply antibiotics.

3. COMMISSION OF RAILWAY SAFETY (CRS)

TAG: PRELIMS PERSPECTIVE

THE CONTEXT: Investigation into the recent tragic train accident in Odisha, the deadliest train crash in India in over two decades, is being conducted by the Commissioner of Railway Safety for the south-eastern circle. Rail safety commissioners are part of the Commission of Railway Safety (CRS), a government body that acts as the railway safety authority in the country.

EXPLANATION:

Commission of Railway Safety:

• CRS deals with matters related to safety of rail travel and operations, among some other statutory functions – inspectorial, investigatory, and advisory – as laid down in the Railways Act, 1989.
• Investigating serious train accidents is one of the key responsibilities of the CRS, which is headquartered in Lucknow, Uttar Pradesh.
• However, CRS does not report to the Ministry of Railways of the Railway Board. It is, in fact, under the administrative control of the Ministry of Civil Aviation (MoCA). The reason or principle behind this, put simply, is to keep the CRS insulated from the influence of the country’s railway establishment and prevent conflicts of interest.

Early days of railways in India and safety oversight:

• The first railways in India came into being in the 1800s and were constructed and operated by private companies.
• At the time, the British Indian government appointed ‘consulting engineers’ for effective control and oversight of the developing railway network and operations. Their job was to ensure efficiency, economy, and safety in railway operations in India.
• Later, when the British Indian government undertook construction of railways in the country, the consulting engineers were re-designated as ‘government inspectors’, and in 1883, their position was recognised statutorily.
• In the first decade of the twentieth century, the Railway Inspectorate was placed under the Railway Board, which was established in 1905.
• As per the Indian Railway Board Act, 1905, and a notification by the then Department of Commerce and Industry, the Railway Board was entrusted with powers and functions of the government under various sections of the Railway Act and was also authorised to make rules for railway operations in India. This effectively made the Railway Board the safety controlling authority for railways in India.

Separation of safety supervision function and Railway Board:

• The Government of India Act, 1935 said that functions for securing the safety of railway operations, both for the travelling public and personnel operating the railways, should be performed by an authority independent of the federal railway authority or the Railway Board. These functions included conducting railway accident probes. But due to the outbreak of the Second World War in 1939, the idea did not take off and the Railway Inspectorate continued to function under the control of the Railway Board.
• In 1939, a panel headed by the then chief inspecting officer of the British Railways, A.H.L. Mount, suggested that the separation of the Railway Inspectorate from the Railway Board.

Transfer of Railway Inspectorate from Railway Board’s control

• In 1940, the Central Legislature endorsed the idea and principle of separation of the Railway Inspectorate from the Railway Board, and recommended that the senior government inspectors of the railways should be placed under the administrative control of a different authority under the government.
• Consequently, in May 1941, the Railway Inspectorate was separated from the Railway Board and put under the administrative control of the then Department of Posts and Air.
• Since then, the Inspectorate, which was re-designated as the CRS in 1961, has been under the control of the central ministry exercising control over civil aviation in India.

4. UNIFIED PORTAL FOR ‘GOBARdhan’

TAG: PRELIMS PERSPECTIVE

THE CONTEXT: The union minister for Jal Shakti  launched the unified registration portal for ‘GOBARdhan’ which will act as a one stop repository to assess investment and participation in biogas or compressed biogas (CBG) sector at pan-India level and streamline the process of setting up biogas plants in India.

EXPLANATION:

• Any government, cooperative or private entity operating or intending to setup a biogas, CBG or Bio CNG plant in India can obtain a registration number by enrolling in the unified registration portal.
• The registration number will enable availing of multitude of benefits and support from the ministries and departments of government of India.
• States have been advised to get their CBG/Biogas plant operators registered on the portal on priority to avail existing and upcoming support from the Centre.
• It is an example of cooperative federalism as the stakeholder central ministries, all line departments of centre and states have come together in development and deployment of the portal.

Galvanizing Organic Bio-Agro Resources Dhan (GOBARdhan)

• It is a Jan Andolan on Safe Management of Cattle and other Biodegradable Waste in Rural India.
• It is a umbrella initiative of government of India, based on the whole of government approach and aims to convert waste to wealth towards promoting circular economy.
• Centre intends to build a robust ecosystem for setting up Biogas/Compressed Biogas (CBG)/ Bio-Compressed Natural Gas (CNG) plants to drive sustainable economic growth.
• GOBARdhan scheme is being pursued as a national programme priority under Swachh Bharat Mission Grameen-Phase II.
• Department of Drinking Water and Sanitation is working with Ministry of New and Renewable Energy, Ministry of Petroleum and Natural Gas, Department of Animal Husbandry and Dairying, Department of Agriculture, Cooperation and Farmers Welfare, Department of Agricultural Research and Education, Department of Rural Development, state governments, public and private sector institutions and village communities to give this a shape of “Jan Andolan” so that community collective action on GOBARdhan is achieved. I

Objectives of GOBARdhan:

• To support villages safely manage their cattle and agricultural waste, and make the villages clean
• To support communities in converting cattle and organic waste into wealth using treatment systems.
• To convert organic waste, especially cattle waste, to biogas and organic manure for use in rural areas
• To promote environmental sanitation and curb vector-borne diseases through effective
  disposal of waste in rural areas
• To promote rural employment and income generation opportunities by involving entrepreneurs, SHGs and youth groups in seƫting up, operating and managing GOBARdhan units

Benefits:

• Manages waste: Helps manage the major solid waste in villages, i.e, cattle dung, and promotes environmental sanitation
• Generates organic manure: Helps generate organic manure, which boosts agriculture and farm
  productivity
• Increases employment: Promotes employment and income generation opportunities for SHGs/
  farmers groups
• Improves savings: Promotes household income and savings as the use of biogas as fuel will
  cut down the LPG cost
• Protects health: Substantially reduces the incidence of vector-borne diseases and promotes
  public health

5. KERALA FIBRE OPTICAL NETWORK (KFON)

TAG: PRELIMS PERSPECTIVE

THE CONTEXT: The Kerala government officially launched the Kerala Fibre Optical Network (KFON), one of its flagship projects to ensure high speed broadband internet access to all houses and government offices.

EXPLANATION:

• Through KFON, Kerala, which was the first state to declare the right to internet as a basic right, aims to reduce the digital divide by ensuring high speed broadband internet access to all houses and government offices.
• It is also intended to give a fillip to e-governance and accelerate Kerala’s journey towards being a knowledge-based economy.

What is KFON?

• KFON will act as an infrastructure provider. It is an optical fibre cable network of 30,000 kms, with 375 Points-of-Presence across Kerala.
• The KFON infrastructure will be shared with all service providers, including cable operators. While KFON will do the cable work for government offices, individual beneficiaries will have to depend on private, local internet service providers.
• The KFON infrastructure would also benefit private service providers, as they can use its cable network. Internet connectivity to the households would be provided by local ISP/TSP/cable TV providers.
• KFON promises an internet speed from 10 mbps to 10 Gbps.

Beneficiaries:

• In the first phase, it was aimed to provide Internet connections to 14,000 BPL families, with 100 each from the State’s 140 assembly constituencies.
• The panchayats and the urban local bodies were given the responsibility of choosing the beneficiaries.
• Each household will get 1.5 GB of data per day at 15 Mbps speed.

Who are the stakeholders?

• The KFON project is a joint venture of Kerala State Electricity Board and Kerala State IIT Infrastructure Limited.
• The project implementation was taken up by a consortium led by Central PSU Bharat Electronics Limited. PriceWaterhouseCoopers is the consultant of the project.
• While KSITIL would be responsible for the operations and maintenance of the project, the infrastructure asset shall be owned by KSEBL.
• BEL is the system integrator for the KFON project. BEL has taken the tasks of rolling Optical fibre cable network, setting up network point of presence locations and providing connectivity to government institutions.
• BEL would be in charge of operation and maintenance of the project for seven years. The project is fully funded by Kerala Infrastructure Investment Fund Board (KIIFB), the state government agency for funding infrastructure projects.

What services will it provide?

• The aim of the KFON is to create a core network infrastructure (information highway) with non-discriminatory access to all service providers, and to ensure a reliable, secure and scalable intranet connecting all government of offices and educational institutions.
• Its major services are connectivity to government offices, leasing of dark fibre, internet leased line, fibre to the home, wifi hotspots, colocation of assets under network operating centres and Point-of-Presences, internet protocol television, OTT, and cloud hosting.
• The Union Department of Telecommunications had provided Infrastructure Provider (category one) licence as well as the Internet Service Provider licence (category B) to the KFON.
• The IP licence allowed the KFON to obtain fibre optic lines (dark fibre), towers, duct space, network and other related infrastructure facilities for establishing an optic fibre network.

THE CONTEXT: The Supreme Court recently asked the Union Government to defend the law that allows hanging by the neck as a mode of execution. A bench led by the Chief Justice of India (CJI is essentially contemplating over whether there can be a more humane and dignified way of executing the death penalty. The following article intends to analyse the provisions for the death penalty in India from UPSC perspective.

CAPITAL PUNISHMENT: THE CASE IN QUESTION

• In 2017, an advocate, filed a public interest petition (PIL) seeking a more dignified way to execute the capital punishment. He argued that a convict whose life has to end because of the conviction and the sentence should not be compelled to suffer the pain of hanging.
• The plea in the PIL challenged the constitutional validity of Section 354(5) of the Code of Criminal Procedure (CrPC), 1973. This provision reads: “When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.”
• The SC had agreed to hear the 2017 PIL, and had issued notice to the Centre. Court records show that in January 2018, the Centre filed an affidavit defending the current position of law, but the case had not been listed since then.

CAPITAL PUNISHMENT: A HISTORICAL PRACTICE IN INDIA

• The necessity of the death penalty has been beautifully demonstrated by Kalidas. Historical and mythological epics like the Ramayana and Mahabharata have also asserted the need for the death penalty by stating that the king’s highest priority is to keep society safe from threats of all kinds, which can be done by putting the wrongdoer to death. In addition, both Katyayana and Brahaspati supported the death penalty.
• Even during the time of the Buddha, when Ahimsa was the code of conduct, Ashoka did not think that the death penalty was unjust. The fundamental tenets of the Dand Niti in India were deterrence and mental health. The notions of social security and non-correctional philosophy are undeniably prevalent in the Hindu criminal justice system.
• Manu has made excellent notes of both the objective and subjective conditions. Manu Smriti, a famous work of Manu, portrays the crime and the perpetrator’s weakness. Kautilya also discussed the death penalty in his writings because, in his view, it is an essential tool for ensuring public safety.

CAPITAL PUNISHMENT IN INDIA: CONSTITUTIONAL AND LEGAL PROVISIONS

• Article 21 of the Constitution of India guarantees the right to life and personal liberty to every citizen, but it also provides an exception in the case of the death penalty. The article states that a person can be deprived of their life only in accordance with the procedure established by law.
• Section 354(3) of the Code of Criminal Procedure (CrPC) provides a method to execute the death penalty, i.e., “Hanging by the neck until dead.” Also, this provision states that “When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.” Capital punishment, also known as the death penalty, is awarded in the rarest of the rare cases.
• The Indian Penal Code (IPC) provides for the death penalty as a punishment for certain offenses such as murder (section 302), terrorism (section 121), waging war against the Government of India (section 121A), abatement of mutiny (Section 132) and certain acts of piracy (section 364A). The IPC also provides for the death penalty in cases of repeat offenses of rape and other sexual offenses under the Protection of Children from Sexual Offences (POCSO) Act.
• The Commission of Sati (Prevention) Act, 1987: Any person involved in the commission of Sati directly or indirectly is subject to the death penalty under The Commission of Sati (Prevention) Act, 1987.
• Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985: Based on previous convictions, Section 31A of the NDPS Act has introduced the death penalty for providing financial support or taking part in the production or sale of narcotics or psychoactive substances in a predetermined amount (e.g., opium 10 kg, cocaine 500 grammes).
• The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Forging evidence that leads to the conviction and execution of an innocent member of a scheduled caste or tribe is punishable by death under the Act.
• Army Act, 1950; Air Force Act, 1950 and Navy Act, 1957: Various offences committed by members of the military forces under military laws like the Army Act, 1950; Air Force Act, 1950, and Navy Act, 1957, may also be punishable by death.

CATEGORY OF OFFENDERS EXEMPTED FROM CAPITAL PUNISHMENT IN INDIA

• Minors: According to Indian laws, a person who committed a crime while still a minor, that is, before the age of 18, cannot be executed. The lawmakers decided to include minors in the group of offenders exempted from the death penalty because they thought that anyone who hasn’t reached adulthood has room for improvement and might be able to learn from his mistakes by being given the right environment and education.
• Pregnant woman: Pregnant women were added to the list of criminals who are excluded from the death penalty. According to Section 416 of the CrPC, if the high court finds that a woman who has been awarded the death sentence is pregnant then such sentence can be postponed or commuted to life imprisonment.
• Intellectually disabled: According to the law, anyone who is intellectually disabled or challenged may fall under the category of offenders who are exempted from the death penalty. If a person committing a serious crime is unable to comprehend the nature and consequences of their actions, this is sometimes referred to as having an intellectual disability.

CAPITAL PUNISHMENT: KEY FACTS

• After independence, Godse was the first person to be executed in India by the death penalty in the case of Mahatma Gandhi. India’s Supreme Court suggested the death penalty should only be imposed on the rarest of rare cases in India.
• As per the “Death Penalty in India: Annual Statistics 2022” report of Project 39A of National Law University (NLU):
  • Even as the Supreme Court called for reforming death penalty sentencing, the year 2022 saw 165 death sentences handed out by trial courts, the highest in over two decades.
  • Among the 165 death sentences handed out in 2022, 51.28% of cases involved crimes related to sexual violence.
• At the end of 2021, more than two thirds of the world’s countries had abolished the death penalty in law or practice. 108 countries, a majority of the world’s states, had abolished the death penalty in law for all crimes.

CAPITAL PUNISHMENT: SOME LANDMARK JUDGEMENTS

• Jagmohan Singh V/s State of UP (1973):
  • The Supreme Court held that according to Article 21, deprivation of life is constitutionally permissible if that is done according to the procedure established by law.
• Bachan Singh v/s. State of Punjab (1980):
  • This Case may be a corner judgment given by 5 judges Bench of the Hon’ble Supreme Court. In this case Supreme Court pointed out some important limitations on the prosecution by setting the rarest of the rare doctrine. The Supreme Court said:
  • A real and abiding concern for the quality of mortal life presuppositions resistance to taking a life through law’s machinery. That ought not to be done except in rarest or the rare cases where the choice opinion is clearly foreclosed.
• Machhi Singh V/s State of Punjab (1983):
  • The Supreme Court outlined certain factors that determine whether a case should be considered rarest of rare. The Supreme Court listed the two questions that need to be answered prior to the imposition of the death sentence on individual cases.
  • Firstly, is the offence committed so exceptional that there is no scope for awarding any other sentence.
  • Secondly, even when weightage is accorded to the mitigating circumstances does the circumstances still warrant the death penalty.
• Shatrughan Chauhan & Anr v. Union of India (2014):
  • The Supreme Court while commuting the death sentence of all 15 convicts into life imprisonment held that undue, inordinate and unreasonable delay in disposing of the mercy petition is in itself a sufficient ground to entitle the convict to pray for commutation. The delay in rejecting the mercy plea by the President amounts to torture and is a clear violation of Article 21 of the convicts’ rights.
• Shabnam v/s State of Uttar Pradesh (2015):
  • This case is a historical case because Shabnam will be the first women after independence who has got the punishment of death penalty.
  • Shabnam and Saleem, both in their 20s also, were condemned of killing seven members of Shabnam’s family. With all of them gone, she’d have been the sole inheritor to the family property. They were arrested five days latterly. At that point, Shabnam was 7 weeks pregnant. In December that time, she gave birth to a son, Mohammad Taj. He’s presently living with Shabnam’s council inferior Usman Saifi and his woman.
• Mukesh and Anr v/s NCT Delhi (2017):
  • On 5 May 2017, the Supreme Court rejected the convicts appeal and saying that they had committed a barbaric crime that had shaken society’s heart, the court upheld the death judgment of the four who had been charged with the murder. The verdict was well entered by the family of the victim and the civil society.

CAPITAL PUNISHMENT: ARGUMENTS FOR AND AGAINST

ARGUMENTS IN FAVOUR

• Deterrence: One of the main arguments in favour of the death penalty is that it serves as a deterrent to would-be offenders. Proponents of capital punishment argue that the fear of being executed can deter individuals from committing serious crimes such as murder, terrorism, and treason.
• Retribution: Another argument in favour of the death penalty is that it serves as a form of retribution as it provides a sense of closure and justice for the victim’s family.
  • The supporters sometimes mention that “an eye for an eye” is appropriate, the punishment should match the crime, and the penalty should be a moral response to the crime.
• Article 21 of the Indian Constitution adds that no person shall be deprived of his life or personal liberty except according to procedure established by law.
  • This has been legally construed to mean if there is a procedure, which is fair and valid, then the state by framing a law can deprive a person of his life.
• Justice: Supporters of capital punishment believe that the death penalty is a just punishment for heinous crimes such as murder, terrorism, and treason.
• Cost-effective: Proponents of the death penalty argue that it is a cost-effective way of dealing with serious crimes. They argue that keeping offenders in prison for life is more expensive than carrying out an execution.
  • This can be seen in debates surrounding the hanging of 26/11 terrorist Ajmal Kasab.
• Public opinion: Death penalty is supported by a majority of the Indian population, and that it reflects the collective will of the people. Abolishing the death penalty would go against the wishes of the people.
  • This was visible during Nirbhaya and Hyderabad rape cases. Also, a nation-wide survey conducted for public opinion in 2017 had 70% votes in favour of capital punishment.
• According to Amnesty International, 55 countries around the world have the death sentence on the books. While death by hanging is still the most prevalent form of execution, other modes are followed in some countries.

ARGUMENTS AGAINST

• Against reformative theory of justice: It is a perspective that emphasizes the rehabilitation and reform of offenders as the primary goal of the criminal justice system. According to this theory, the primary purpose of punishment is not to inflict retribution on offenders or to deter others from committing crimes but to help offenders change their behaviour and become law-abiding citizens.
• Human rights: Opponents of the death penalty argue that it violates the right to life, which is enshrined in the Indian Constitution and international human rights law.
• Discrimination: Critics of capital punishment argue that it is applied disproportionately to marginalized communities and economically disadvantaged individuals, who may not have access to competent legal representation.
  • According to the national figures, 74.1% of the prisoners sentenced to death in India are economically vulnerable according to their occupation and landholding and most death row prisoners belong to the lower strata of society.
• Ineffectiveness: Opponents of the death penalty argue that it is not an effective deterrent to crime.
  • For example, death has been prescribed in rape cases since 2013 (Sec. 376A of IPC), still, rapes continue to happen and in fact, the brutality of rapes has increased manifold. This compels one to think whether the death penalty is an effective deterrent to crime or not.
• Morality: Some opponents of capital punishment argue that it is morally wrong to take the life of another human being, regardless of the crime they may have committed.
  • Even Gandhiji upheld the idea that “an eye for an eye would make the whole world blind.” He promoted that the crime should be eliminated, not the criminal.

THE WAY FORWARD:

• Views of Supreme Court:
  • In response to concerns about the way courts award the death penalty, the Supreme Court has suo motu started a review of the process. The apex court will consider laying down guidelines for determining mitigating circumstances in death penalty cases.
  • The SC stated that the accused must have a meaningful, real and effective hearing, along with the chance to introduce evidence relevant to the sentence question.
  • Supreme Court also suggested that while delivering judgement in case related to the death penalty, the convict’s social background, age, educational levels should be taken into account, except in cases related to terror activities.
• In 2015, the Law Commission of India recommended the abolition of the death penalty in India, arguing that it has not been shown to have a deterrent effect and that it is prone to errors and can be used arbitrarily.
• India is a signatory to various international treaties such as the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC), which call for the abolition of the death penalty. However, India has not yet abolished the death penalty and retains it as a legal punishment. This should be looked upon for bringing a reformative outlook to the society.
• In its 187th report in 2003, the Law Commission of India recommended that Section 354(5) of the CrPC should be amended by providing an alternative mode of execution of death sentence by “lethal injection until the accused is dead”.
  • In the United States, for example, an intravenous lethal injection is given in every state (27 states and American Samoa) that allows the death penalty. Electrocution is a secondary method in some states. Execution by firing squad is employed in China, and Saudi Arabia uses beheading apart from other methods.
• There is also an ever-increasing demand for reforms in the criminal justice system which is largely based on the colonial ideology and needs. Such reforms should include a more modern and liberal outlook towards issues like the death penalty.
• The government must play an active role in improving the social status (health, education, rights, etc.) of the people that could possibly become a deterrent factor for actions that could lead to capital punishment. For example, a well educated western society rarely sees heinous crimes on women and children.

THE CONCLUSION: Capital punishment or the death penalty have always been a content of contradiction not only in India but also in several advanced countries. In India, the motive for the punishment is rested on two aspects; the primary being that the lawbreaker should suffer for the pain and injury he/ she cast upon the victim and another motive is to discourage others from committing wrongs by sanctioning corrections. However, the court of law must consider the aspect of inherent goodness in human beings. No person becomes a criminal by birth. A careful background check must be ensured before awarding capital punishment so as to distinguish the willful offenders from those who want to be reformed.

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