1. NEW BILL TO REPLACE CrPC
TAG: GS 2: GOVERNANCE
THE CONTEXT: The Bharatiya Nagarik Suraksha Sanhita, 2023 proposes several important changes to the Criminal Procedure Code (CrPC) which guides the criminal justice system.
EXPLANATION:
- From technological changes to allow trials via video-conferencing to allowing handcuffs for the arrest of persons in some cases including murder, rape, and counterfeit currency these are some of the main changes proposed in the CrPC.
Greater use of technology
- The Bill states that Trials, appeal proceedings, recording of depositions including those of public servants and police officers, may be held in electronic mode.
- The statement of the accused too can be recorded through video-conferencing. Summons, warrants, documents, police reports, statements of evidence can be done in electronic form.
- The search and seizure of articles and properties, the visit to a crime scene by a forensic expert, and the recording of the victim’s statement shall be audio-videographed, preferably on a mobile phone.
- The name and address of an arrested accused and the nature of the offence will be maintained by a designated officer in each police station and district.
- It shall be “prominently displayed” including in digital mode in every police station and district headquarters.
- Information to police too can be sent electronically, and it shall be taken on record on being signed by the person sending it, within three days.
Communication devices
- The Bill adds electronic communication including “communication devices” to the provision on summons to produce a document.
- On the directions of a court or police officer, a person is required to produce any document and now devices that is likely to contain digital evidence for the purpose of an inquiry.
- Electronic communication is defined as “the communication of any written, verbal, pictorial information or video content transmitted (whether from one person to another, from one device to another or from a person to a device or from a device to a person).”
Use of handcuffs
- A police officer may be permitted to use handcuffs while arresting a person if he is a habitual, repeat offender who escaped from custody, or has committed an organised crime, terrorist act, drug-related crime, illegal possession of arms, murder, rape, acid attack, counterfeit currency, human trafficking, sexual offence against children or offences against the state.
Specific safeguards
- Section 41A of CrPC which has a prominent safeguard against arrests will get a new number, Section 35.
- It has an additional provision: no person can be arrested without prior permission of an officer, not below the rank of a deputy SP, in cases where the offence is punishable with less than three years, or if the person is infirm above 60 years of age.
- On receiving information in cognizable cases where the offence attracts 3-7 years, the police officer will conduct a preliminary inquiry to ascertain whether there exists a prima facie case to proceed within 14 days.
Mercy petitions
- There is a provision on procedures for the timeframe to file mercy petitions in death sentence cases.
- After being informed by jail authorities about the disposal of the petition of a convict sentenced to death, he, or his legal heir or relative can submit a mercy petition within 30 days to the Governor.
- If rejected, the person can petition the President within 60 days. No appeal against the order of the President shall lie in any court.
Sanction to prosecute
- A decision to grant or reject sanction to prosecute a public servant must be reached by the government within 120 days of receiving a request.
- If the government fails to do so, the sanction will be deemed to have been accorded. No sanction is required in cases including sexual offences, trafficking, etc.
Arms in procession
- Section 144A of the CrPC gives the district magistrate the power to prohibit the carrying of arms in any procession, mass drill or mass training, to preserve the public peace.
- While the provisions granting powers to the DM to pass orders in urgent cases of nuisance or apprehended danger remain as they are in Section 144 of the CrPC, the provision to prohibit carrying arms does not find a mention.
Samples without arrest
- The Bill has provisions for the magistrate to order any person to give samples of his signature, handwriting, voice or finger impressions for the purpose of investigation without being arrested.
Detention by police
- There are provisions for police to detain or remove any person resisting, refusing or ignoring, or disregarding directions given as part of preventive action.
2. EG.5 VARIANT OF COVID-19
TAG: GS 3: SCIENCE AND TECHNOLOGY
THE CONTEXT: EG.5, a descendent of the Omicron lineage of XBB.1.9.2, was designated a variant of interest (VOI) after risk evaluation by the World Health Organization. It was previously designated a variant under monitoring.
EXPLANATION:
- The WHO said EG.5 may spread globally and contribute to a surge in case incidence. However, at present, there is no evidence of an increase in disease severity directly associated with EG.5.
- 5 was first reported on February 17, 2023. So far, EG.5 has been reported from a total of 48 countries and in India, one EG.5.1 was detected in Maharashtra in May, 2023.
- Though not as extensively done as in 2021, global genome sequencing databases indicate the remarkable rise of the new sublineage.
- 5.1 is taking off everywhere. It is definitely out-competing its predecessors in the XBB lineage that were dominating most of 2023.
- According to WHO, the global proportion of EG.5 relative to other circulating variants showed a notable increase, rising from 7.6 per cent to 17.5%.
- However it has a low-individual risk for mortality, but if it happens to sweep through vulnerable segments of a large population, the total number of deaths will be considerable.
- Although initial symptoms tend to be mild, people should not take COVID lightly as we do not want infection to happen on a large scale.
- The recent VOI classification of EG.5 suggests that due to changes in the receptor binding domain of the spike protein, the variant escapes neutralization by antibodies generated from previous infections or vaccinations, the Centers for Disease Control and Prevention says.
- 5 carries an additional amino acid mutation in the spike protein compared to the parent XBB.1.9.2 subvariant and XBB.1.5.
- Waning immunity and frequent mutations are commonly cited reasons for the continued circulation of the SARS-CoV-2 virus.
- While concurrent increases in the proportion of EG.5 and COVID-19 hospitalizations (lower than previous waves) have been observed in countries such as Japan and the Republic of Korea, no associations have been made between these hospitalizations and EG.5.
- However, due to its growth advantage and immune escape characteristics, EG.5 may cause a rise in case incidence and become dominant in some countries or even globally.
Variant under monitoring
- A Variant Being Monitored is a strain that has developed specific genetic markers associated with changes that reduce the effectiveness of antibodies generated against previous infection or vaccination, reduce efficacy of treatments, or increase transmission or disease severity.
Variant of interest (VOI)
- Variants designated as VOI include variants that have: changes to receptor binding domain (RBD). reduced neutralization by antibodies generated against previous infection or vaccination. reduced efficacy of treatments, or tests.
3. CAG FLAGS IRREGULARITIES IN BHARATMALA PROJECT TENDERS
TAG: GS 2: GOVERNANCE; GS 3: ECONOMY
THE CONTEXT: The Comptroller and Auditor General (CAG) of India has found instances of irregularities in award of projects by agencies implementing central government funded highway projects.
EXPLANATION:
- In its report on implementation of Phase-I of Bharatmala Pariyojana, the auditor has also found deficiencies in the appraisal and approval mechanism proposed to the Cabinet Committee on Economic Affairs (CCEA).
- CAG said that the implementing agencies violated the tendering processes in many of the high cost Engineering Procurement and Construction (EPC) projects.
- The violations include successful bidder not fulfilling tender conditions or bidder selected on the basis of falsified documents and award of works without approved Detailed Project Reports (DPRs) or faulty reports.
- The implementing agencies were awarding projects without ensuring availability of required land and forest clearance, which are resulting in delayed commencement and completion of projects.
- The National Highways Authority of India (NHAI) and National Highways and Infrastructure Development Corporation Ltd (NHIDCL) are the implementing agencies.
- It added that even the appraisal and approval mechanism decided by CCEA was not strictly followed. The CAG has also flagged that the DPRs prepared by consultants were not appraised with due diligence before their approval.
- Instances of adoption of different specifications by contractors or concessionaires at the time of execution of projects highlighted the fact that specifications of detailed project reports were not found suitable as per site conditions.
- On the fund management, the auditor also found that only 75.6% of Cabinet approved length has been awarded while 158% of approved financial outlay had been sanctioned till this March 2023.
- In another report, the CAG found that NHAI continued to collect user fee in three toll plazas (namely Nathavalasa, Chalageri, Hebbalu in Southern India) during delayed period of construction.
- This was in violation of rules stating that no user fee shall be levied for the delayed period, leading to higher toll collection from commuters, the business daily reported.
Bharatmala Pariyojana
- Bharatmala Pariyojana is an umbrella program for the highways sector that focuses on optimizing efficiency of freight and passenger movement across the country by bridging critical infrastructure gaps through effective interventions.
- It focuses on areas as development of Economic Corridors, Inter Corridors and Feeder Routes, National Corridor Efficiency Improvement, Border and International connectivity roads, Coastal and Port connectivity roads and Green-field expressways.
- All key aspects of the scheme is managed by the Road Transport and Highways Ministry of the country.
Highlights of Bharatmala Pariyojana
- Improvement in efficiency of existing corridors through development of Multimodal Logistics Parks and elimination of choke point
- Enhance focus on improving connectivity in North East and leveraging synergies with Inland Waterways
- Emphasis on use of technology & scientific planning for Project Preparation and Asset Monitoring
- Improving connectivity in the North East.
Bharatmala project category
- Economic Corridor
- Feeder Route or Inter Corridor
- National Corridor Efficiency Improvement
- Border Road and International Connectivity
- Port Connectivity and Coastal Road
- Green Field Expressway
- Balance National Highways Development Project (NHDP) Works
4. AGRICULTURAL DATA EXCHANGE PLATFORM
TAG: GS 3: ECONOMY
THE CONTEXT: Telangana government has launched India’s first Agricultural Data Exchange (ADeX) and Agricultural Data Management Framework (ADMF) in collaboration World Economic Forum, and the Indian Institute of Science.
EXPLANATION:
- The initiatives aim to boost the data economy specifically for the agricultural sector.
- Both ADeX and ADMF provide the right platform to ensure fair and efficient usage of agricultural data by the industry and startups and provide a big boost to the data economy specifically in the argi sector.
- These initiatives help Telangana lead the country from the front in using innovation and technology to drive food systems transformation and improve the livelihoods of farmers.
Agricultural Data Exchange (ADeX):
- In Phase-I of the project, the ADeX Platform is currently deployed in Khammam district and will be expanded to the entire State over a period.
- The software platform facilitates secure, standards-based exchange of data between agricultural data users such as agri application developers and agricultural data providers (Government Agencies, Private Companies, NGO’s, Universities, etc).
Agricultural Data Management Framework (ADMF):
- ADMF has been developed after extensive public and industry consultations on the crucial aspects of data protection, management, and innovation.
- Informed by domestic laws and regulations and converging global best practices, ADMF is an agile, forward-looking framework, with the objective of facilitating consent-based responsible data sharing, the release said.
- ADMF is applicable to all government departments dealing with agricultural activities as well as all agriculture information users and providers.
5. NATIONAL COMMON MOBILITY CARD
TAG: GS 2: GOVERNANCE; GS 3: SCIENCE AND TECHNOLOGY
THE CONTEXT: Recently, the Government of India asked banks to ensure all the new cards and reissues of old cards have the National Common Mobility Card (NCMC) as a default option.
EXPLANATION:
- National Common Mobility Card was launched by the Ministry of Housing and Urban Affairs in March 2019.
- NCMC is designed to promote cashless transactions and offer a unified payment platform for commuters across the country.
How does NCMC work?
- NCMC is issued in the form of a prepaid, debit or credit RuPay card and has a separate option for offline transit transactions i.e. without directly accessing the user’s bank account.
- Prior to usage, users must load funds onto the card from their bank account or digital wallet. The idea is to eliminate the need for carrying multiple cards by supporting various services on a single card.
- Embedded with a near-field communication (NFC) chip, the card securely stores user information and enables data transfer when tapped on compatible readers.
- To start using the NCMC, users must first link the card to their bank account or digital wallet. Encrypted NFC communication ensures privacy and security during transactions, while real-time updates keep users informed about their expenses and remaining balance.
- The NCMC card relies on the RuPay platform developed by the National Payments Corporation of India.
Foreign variants of common mobility card
- Some prominent foreign counterparts of common mobility cards include the Oyster card in the United Kingdom, Navigo in France, Myki in Australia and CharlieCard in the United States.
- There are also multi-purpose cards like Octopus Card of Hong Kong, Suica and Pasmo cards in Japan and the EZ-Link card in Singapore which can be used for public transit as well as retail purchases.
What is the progress of implementation in India so far?
- While NCMC implementation has begun in certain cities and regions, full interoperability has not been achieved across all cities and states.
- The successful interconnection of NCMC cards relies on the collaboration and coordination between transportation operators and financial institutions in all parts of the country.
- Select transport operators in Delhi NCR, Ahmedabad, Surat, Bengaluru, Kochi, Mumbai, Nagpur, Pune, Chennai, Hyderabad and Kanpur currently accept fare payments via NCMC.
- While many more public transport operators across the country are in various stages of planning/implementation to become NCMC compatible.
Who can issue the cards?
- Commercial banks are the primary issuers of the NCMC. So far 25 Indian banks including the State Bank of India, HDFC Bank, Indian Bank and Paytm Payments Bank can issue NCMC cards.
- Even, global payment giants Mastercard and Visa have expressed interest so that their branded NCMCs can be issued through partner banks.
What are the challenges tied to implementation in India?
- One significant hurdle is the low or no adoption by transport authorities across cities. Metro Rail Corporations across India have smart cards in place along with mobile ticketing through online payment applications, which commuters find very convenient to use.
- Inadequate infrastructure and technological integration have been hindering nationwide implementation
