9 PM Daily Current Affairs Brief – February 18th, 2023

Mains Oriented Articles

GS PAPER - 2

EC Needs A Smart Focus – Cooling-off periods are impractical in social media age

Source: The post is based on the article “EC Needs A Smart Focus – Cooling-off periods are impractical in social media age” published in The Times of India on 18th February 2023.

Syllabus: GS 2 – Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Relevance: About cooling-off periods before polls.

News: The Election Commission has issued notices to representatives of political parties for their controversial tweets during the polling day and the day before the Tripura assembly election.

What is the reason behind the Election Commission’s notice?

The EC notice says that the tweets violate parts of Section 126 of the Representation of the People Act, 1951. The Act prohibits electioneering 48 hours ahead of polling. The aim is to allow voters to decide without being “prejudiced” by last-minute appeals.

What are the challenges in enforcing cooling-off periods before polls?

The restriction on electioneering before polls are impossible to enforce in the age of social media and rapidly evolving communications technology.

EC fEC Needs A Smart Focus – Cooling-off periods are impractical in social media ageed a committee four years ago to look into the issue. But the committee’s suggestions were largely in the nature of exhortations.

Note: Australia has a similar provision called the blackout period. Australia also has issues in enforcing the blackout period and different media platforms are mentioning the blackout period as unfair. 

Read more: Election Commission’s initiative to enfranchise migrant voters is a step in the right direction

What should be done to address the challenges in cooling-off periods before polls?

EC’s credibility lies in conducting complex multiphase elections in the world’s largest democracy. In such a scenario, retaining the cooling-off period may end up undermining EC’s credibility.

Hence, Parliament needs to trust the maturity of voters and should get rid of the cooling-off period. This will help EC to focus on its core responsibility of conducting elections.

Read more: How to cement the Election Commission’s credibility

A Bigger Idea Of India – Why Indians already command economic heft of $5 trillion and how we can leverage this

Source: The post is based on the article “A Bigger Idea Of India – Why Indians already command economic heft of $5 trillion and how we can leverage this” published in The Times of India on 18th February 2023.

Syllabus: GS 2 – Indian diaspora.

Relevance: About the Indian diaspora’s wealth.

News: Indian expatriates and persons of Indian origin overseas at present amount to around 3. 2 crores. They are highly skilled and successful, and they also have an emotional attachment to any Indian cultural events occurring overseas. It is time for India to leverage this strength.

About the Indian diaspora’s economic wealth

In several countries, Indians are among the top earners. A 2012 estimate of the diaspora’s wealth was $1 trillion. At present, this wealth has increased manyfold.

The collective economic heft of Indians abroad to India’s GDP will be around $ 3. 5 trillion at the end of March. Indians already generate an economic value of well over $5 trillion.

It means that geographical India will likely have a GDP of $5 trillion by 2025. But the other India (which includes persons abroad and invested in India) is already a $5 trillion-plus powerhouse.

Read more: Indian Diaspora in US and its Impacts on India- US Relations

What are the advantages of the Indian diaspora’s wealth?

A country’s top income earners are pivotal to the country’s economic progress. For instance, they invest, they innovate, they take risks, they back new technology and also they create jobs.

Indian diaspora already sends $100 billion in remittances to India annually. This is the highest remittance figure in the world.

What should be done to completely utilise the Indian diaspora’s wealth?

In business, network effects kick in when the value of a product is intrinsically tied to the increase in the number of users. The network effect of high-earning, high-performing Indians abroad should be entirely invested in the idea of India’s progress.

In the ET Global Business Summit, PM highlighted the immense value of the Indian diaspora. It is time for business leaders and policymakers to integrate the diaspora’s economic dynamism.

Read more: The role played by Indian diaspora in India’s growth story and diplomatic efforts

Going off-course: On the rural jobs scheme and the Centre’s bid to change its funding

Source: The post is based on the article “Going off-course: On the rural jobs scheme and the Centre’s bid to change its funding” published in The Hindu on 18th February 2023.

Syllabus: GS 2 – Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes.

Relevance: About the performance of MGNREGS.

News: The government has slashed the budget for the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS).

What is Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS)?

Read here: Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS)

What is the rationale behind the reduction in funds for MGNREGA?

Read here: What could be the govt’s calculations behind the slashing of the MGNREGA budget and Cut in MGNREGS outlay is not a concern: Somanathan

What are the positive impacts of MGNREGS?

17 years since the implementation of the MGNREGS studies have asserted its net positive impact in rural areas. These include, a) reducing poverty through providing off-season employment, b) improving household consumption among the invariably poor citizens who avail the scheme, c) acting as insurance during monsoon deficient seasons, and d) allowing greater food security through increased productivity by the works generated.

During the pandemic, the scheme acted as a lifeline for migrant workers from urban areas. Overall, the Scheme functioned as a robust welfare tool.

What are the challenges associated with the performance of MGNREGS?

-The scheme has still not reached the level of creating more useful assets beyond roads and irrigation canals. The scheme requires more inclusiveness and better implementation.

-There are also wage delays and underfunding in many areas.

-Aadhaar-based payments have neither reduced corruption nor reduced wage payment delays. Instead, they create hurdles for officials and workers during the implementation.

-The Union Rural Development Minister also suggested amending the Act to change the contribution of funds from 100% by the government to a 60-40 split between the Centre and the States in order to make States “more vigilant regarding corruption”. But this will only lead to further complications in funding as States’ share of taxes is diminishing following GST and the financial stresses.

What are the challenges associated with the inadequate allocation of funds and the demand for MGNREGS?

Read here: The demand for MGNREGS work is unmet

What should be done to improve the performance of MGNREGS?

MGNREGS is salient, especially in poorer States. Hence, the Centre must ensure its robust funding instead of putting the onus on individual States. The government must change its approach towards the MGNREGS by recognising its potential in catering to the poor’s right to work.

[Yojana February 2023 Summary] Youth and Health – Explained, pointwise

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Introduction

The youth constitute nearly half of India’s population. Youth contribute to the economic growth of the country as it is the most productive age group being employed. Much of the economic growth potential of India is derived from the vibrant and highly skilled youth population in the country. Youth face a lot of health issues because of their physiological state, behaviours, diet, work and other factors, many of which are related to their behavioural habits.

Youth Health Issues

Mental Health: Clinical depression has been one of the leading causes of illness and disability among young adults and adolescents, followed by suicide. The reasons include poor scholastic or workplace performance, violence, poverty and unemployment, stigma, marginalisation and discrimination, peer pressure etc. Challenges like non-availability of mental health services as well as not recognising mental health issue as a reason to seek healthcare worsen the situation.

Alcohol and Drug Use: Alcohol and drug use is largely associated with various high risk behaviours that can cause communicable and non-communicable diseases like HIV/AIDS, hypertension, cardiovascular diseases and liver diseases, etc. Also, mental health is compromised in such individuals as well their family members due to financial burden that follows.

Tobacco Use: Majority of the individuals who use tobacco in any form (smoking or chewing) begin doing so in their adolescence. This is usually combined with alcohol dependence, increasing the risk of various illnesses significantly. Tobacco can cause cancer of oral cavity, throat, oesophagus and lungs and many other health issues. In addition, tobacco consumption increases the risk of hypertension, diabetes mellitus, heart diseases, stroke, vascular diseases etc.

Physical Inactivity: It has been estimated that only 20% of the young adults are known to exercise adequately or be involved in sports activities (longer than 30 minutes per day and 5 days a week). Less physical activity causes increase in risk factors and diseases including obesity, hypertension, diabetes mellitus, heart diseases and other chronic diseases. Physical inactivity can impact mental health adversely.

Diabetes and Hypertension: Diabetes is becoming potentially epidemic, with 1 in every 10 adult having diabetes. 1 in every 5 adults in India have hypertension. In both cases, majority are not aware that they have diabetes or hypertension. Recent years have seen more and more young people developing diabetes at earlier age. The major reasons for this is reduced physical activity and unhealthy diet.

Other Health Problems: These include injuries in the form of accidents, self-harm, workplace accidents etc.  The violence in the form of interpersonal violence, domestic violence, workplace violence, bullying ragging, sexual violence can take place.

These health problems that have early onset during youth can have long bearing effects at older age, specially the chronic diseases. Early onset can reduce longevity, quality of life, increase expenses and can lead to early complications during older age.

Improving Health of the Youth

There are three secrets of healthy life: Balanced Diet, Regular Physical Activity and Sufficient Sleep. The youth often lack on one or more of these aspects. Though there has been a series of Government initiatives- from both health sector as well as other sectors, however, those are yet to catch the full attention of youth. The Ayushman Bharat programme with health and wellness centre component has focus on nirogi or preventing illness by adoption of healthier lifestyle. ‘FIT India‘ initiative is aimed at increasing exercise habits of people including youth.

Initiatives by Government for Improving Health of the Youth

Source: Kurukshetra February 2023

Making Health of Youth a Mass Movement

This requires optimal utilisation of every possible avenue for improving health of this age group. It requires interventions at schools, colleges and workplaces amongst other. It demands that the school health services are strengthened and work as early intervention centres for dealing with the rising incidence of various disease. There is no structured and focused programme to promote health among college students. This is the age group which has queries and concerns mostly unanswered regarding the mental health, sexual health, drug as well as personal health concerns.

The workplace health has to be promoted by installing weighing scales in bathroom, exercise time and equipment in large offices as well as encouraging healthy food in cafeteria menu. The official policies on timely care seeking when not feeling well and reducing stress in workplace should be promoted. There is a need for improving health seeking behaviour of youth who often resort to self-remedies. There is a need for improving family and community participation in improving health of youth in India.

Healthy Lifestyle

There is a lot of stigma associated with mental health issues. This is a reason people do not seek health care. However, mental illnesses are very similar to any physical illness. With right advice from trained doctors and with medications, both physical and mental illnesses can be treated. It is time to start talking about mental health issues. There is need to destigmatise mental health.

Regular physical activity is zero-cost effort, which one can do for good health. According to WHO and other health agencies, people should engage in at least 150 minutes of moderate intensity aerobic physical activity per week or at least 75-150 minutes of vigorous-intensity aerobic physical activity. India has been ranked 8th among countries with the lowest physical activity globally.

Reports have shown that 3 out of 4 adolescents and young people are not physically active enough as per the given recommendations. A study showed that barriers to low physical activity are personal attributes, perceived negative consequences, sociocultural environment, lack of time etc. Identification of these barriers and steps to overcome these are required.

Regular and at least six to eight hours of sleep boosts immunity, reduces stress and keeps us away from many health Therefore, making one’s sleep cycle regular and ensuring that enough sleep on daily as well as weekly basis has to be an approach of every person.

Sports, Health and Youth

The leading health body, the World Health Organization has established a Sports and Health programme to capitalise the potential of people to lead healthy lives through promoting participation in sports and working with the sports community. It has been established that physical activity through various sports can boost confidence, improve social life, lead to psychosocial and personal development and help in prevention of substance abuse.

Conclusion

Youth constitute around half of India’s population and are the foundation of country’s economic growth and development. Though, otherwise healthy population, the youth face a host of problems due to their age, behaviour and other factors which can have long-term effect during old age. Prevention of ill health effects in youth can have long-term benefits individually, at family level and at national level. The policies aimed at youth should be targeted at healthier lifestyle, adoption of regular physical activity and health prevention and promotion measures. Healthy youth today will make healthy nation tomorrow.

Source: Yojana February 2023

Missing link in UGC’s foreign university plans to set up campuses in India

Source– The post is based on the article “Missing link in UGC’s foreign university plans to set up campuses in India” published in the Business Standard on 18th February 2023.

Syllabus: GS2- Issues related to development and management of education

Relevance: Higher education

News- Recently, UGC unveiled draft norms for allowing foreign universities to set up campuses in India with autonomy to decide the admission procedure and fee structure.

What are arguments against foreign university campuses in India?

Students and teachers believe that foreign campuses will not be enough to stop educational emigration.

A report by OECD re­cen­tly pointed out that Indians studying in economically developed countries were the most likely to stay back in their host country and join the local workforce.

The UGC’s move assumes that stud­e­n­ts will be satisfied with the tag of a prestigious global institution. But that is hardly the central motivation.

University campu­ses in the US not only offer a vibrant community of international scholarship, but also an ecosystem of internships, apprenticeships, skill development and vocational training courses.

Fore­ign varsities that offer their curricula in In­dia can only provide a part of the experien­ce enjoyed by students who study abroad.

The courses offered in foreign institutes have strong interdisci­plinary components that branch into skill-development and vocational trai­ning. Indian students who wish to bring their skills on a par with global in­d­ustry re­quirements, would prefer to go to a university’s home campus.

What are arguments in favour of foreign university campuses in India?

Indian students who want to study abroad will be more than a million in the near fut­u­re. Campuses of foreign universities in In­dia can admit only a fraction of the students going abroad.

The students who do not plan to emigrate may choose to study in the campuses of foreign higher education institutions in India.

Foreign universities in India will bridge the gap between the skill-development system and traditional de­gree education by ident­ifying and mitigating bottlenecks in India’s skill development ecosystem.

It will also augment technology transfer, re­search and innovation in the country. This will further lead to the creation of strategic training programmes and a pool of proficient individuals who can leverage emerging global opportunities.

This provides an opportu­nity to tap into the very large pool of NRI educators in universities all over the world and who can bring the best of both local knowledge and international experience and connections.

What is the way forward to improve higher education in India?

The high­er education ecosystem in India needs to be more thoroughly in­tegrated with the job market, in terms of apprenticeships, skill-training workshops, and vocational cou­rses. There is a need for investment in the post-curricular ecosystem.

India should address the skilling needs of its population. For vocational skills, it should look tow­a­rds the German, Swiss, Austrian and Sin­g­a­porean apprentice systems for inspiration.

The gover­nment must first focus on implementing its landmark announcements as the Nat­ional Research Foundation and the alloca­tion of 25% of the defense R&D bud­get for higher education system and the private sector in an effective way.

The protest test in India-Iran ties

Source: The post is based on the article “The protest test in India-Iran ties” published in The Indian Express on 18^th February 2023.

Syllabus: GS 2 – International Relations

Relevance: India and Iran bilateral relations

News: Iran foreign minister Hossein Amir-Abdollahian has recently cancelled his visit to the Raisina meet in India.

This is because the event showed a video of Iranian women cutting their hair during a non-violent protest that began last September in Iran. This event highlights the changing bilateral relations between the two nations.

How has been the relations between India and Iran?

India has been quiet about the protest that happened in Iran.

However, at the UN Human Rights Council session, India did not vote against the resolution for a fact-finding mission on human rights violations committed by Iran to suppress the protests.

Moreover, the event organiser in Delhi refused to pull out the video as demanded by the Iranian Foreign Ministry.

India also ended its energy trade with Iran when the Trump administration reimposed sanctions against it in 2019.

India’s proximity to the US and Iran’s increasing proximity to China have also been a challenge to ties.

Iran was among the Islamic capitals that reacted strongly during the Nupur Sharma blasphemy row.

These all events show that there has a been decline in the bilateral relation of both the countries.

However, both of them have joined hands on issues such as connectivity through Chabahar, terrorism in the region and Afghanistan, etc.

Hence, despite declining bilateral relations between the two nations, these issues will help them to move ahead together.

 

 

Special Marriage Act: What is the Act, how does it work, what is the notice period?

Source: The post is based on the article “Swara Bhasker gets married under Special Marriage Act: What is the Act, how does it work, what is the notice period?” published in The Indian Express on 18^th February 2023.

Syllabus: GS 2 – Governance

Relevance: Special Marriage Act, 1954

News: The article explains the Special Marriage Act, 1954.

What is the Special Marriage Act, 1954?

The Special Marriage Act of 1954 (SMA) governs a civil marriage where the state sanctions the marriage rather than the religion.

The SMA allows marriage between inter-faith or inter-caste couples without giving up religious identity or opting for conversion.

Whereas, personal laws such as the Muslim Marriage Act, 1954, and the Hindu Marriage Act, 1955, require either spouse to convert to the religion of the other before marriage.

Who can get married under the Special Marriage Act?

People of all faiths (Hindus, Muslims, Sikhs, Christians, Sikhs, Jains, and Buddhists) across India are eligible to get married under the SMA.

Some customary restrictions such as parties not being within degrees of a prohibited relationship still apply to couples under SMA.

Further, Section 4 of the SMA requires that both the parties should be capable of giving consent and must be of sound mind.

The minimum age to get married under the SMA is 21 years for males and 18 years for females.

Section 19 of the Act provides that couples belonging to the undivided Hindu, Buddhist, Sikh or Jain religion shall be deemed to end their relationships with their family that might affect their inheritance rights.

What is the procedure for a civil marriage under SMA?

Under Section 5 of the Act, the parties to the marriage are required to give a notice, in writing, to a “Marriage Officer” of the district in which at least one of the parties has resided for at least 30 days immediately preceding the notice.

Under Section 6 of the Act, a copy of the notice is kept under the “Marriage Notice Book” which is opened for inspection at reasonable times.

After receiving the notice, the marriage officer publishes it to invite any objections to the marriage within 30 days.

Section 7 deals with “Objection to marriage”. 

It allows any person, within 30 days of publishing the notice, to object to the marriage on the ground of violation one or more of the conditions specified in Section 4 of the Act.

If an objection has been made, the Marriage Officer looks into the matter and marriage is not solemnized until the officer is satisfied against the objection or unless the person making such an objection withdraws it.

What are the problems with the publishing of the notice under the SMA?

This provision is often criticized because it is misused to harass couples.

Moreover, the Delhi High Court in 2009 struck down the practice of posting the notice of intended marriage under the SMA because it violated the right to privacy.

The Allahabad High Court in 2021, ruled that couples seeking to solemnize their marriage under the SMA can choose not to publish the mandatory 30-day notice of their intention to marry.

 

GS PAPER - 3

Social security and the story of two Budgets

Source– The post is based on the article “Social security and the story of two Budgets” published in The Hindu on 18th February 2023.

Syllabus: GS3- Government schemes and interventions

Relevance: Socio-economic Welfare of vulnerable section

News- In Union Budget 2023-24, the finance minister asserted that since 2014, the central government has ensured a better quality of life, and a life of dignity for all its citizens. But Budget figures help distinguish rhetoric from the truth.

What are the issues with social security provisions provided by the central government?

Budgetary provisions– There have been severe cuts in various social security and welfare schemes such as food security and the MGNREGA in the budget.

Elderly and other social security pensioners are not given enough consideration.

Budget for the NSAP has remained constant, at approximately ₹9,000 crore. It is steadily reducing in real terms. This year, the NSAP saw a reduction of ₹16 crore.

Low amount of pension-Failure to index social sector expenditure to inflation has led to the even greater marginalisation of vulnerable people. India’s cumulative inflation rate from 2007 to 2023 is 193.19%. This means that ₹200 in 2007 would have become ₹586.38 in 2023 if indexed.

Since 2007, social security pensions under the National Social Assistance Programme have remained frozen at a low of ₹200 for the elderly and ₹300 per month for widows and persons with disabilities.

Numbers receiving pensions– For selecting beneficiaries, the central government relies on the obsolete Below Poverty Line lists based on Census 2001.

Additionally, the stringent criteria of providing disability pensions only to those with a disability level of 80% or more, has excluded lakhs of the disabled even within the obsolete BPL category.

What Rajasthan seems to be a better model for social security provisions to vulnerable populations?

Rajasthan announced a landmark Minimum Income Guarantee and Pension law in the recent budget.

It provides 125 days of work through the rural or urban employment guarantee, and a minimum social security pension of ₹1,000 per month, with an automatic increase of 15% per Annum.

Today, Rajasthan provides social security pensions to over 90 lakh people. NSAP covers only a small part of the pension of 10 lakh pensioners.

After this Budget announcement in Rajasthan, the total amount spent on pensions is expected to go up to ₹11,500 crore. It is approximately 30% more than the entire national social security pensions budget under NSAP.

In 2013, the Rajasthan government changed its eligibility criteria to expand the coverage of pensioners by making economically vulnerable women above 55, and men above 58 eligible for old-age pension.

It also permitted widows with adult children to receive a widow pension, and included anyone with more than 40% disability to receive a disability pension.

What is NSAP?

NSAP is a centrally sponsored social security scheme. It provides income security to the elderly, widows, and persons with disabilities from “BPL families”.

In addition to the central contribution, State governments are encouraged to match the amount as the central contribution under the NSAP’s guidelines.

Trends across 36 States indicate that a majority of the States are providing several times the suggested amount.

What is the way forward for the central government and other state governments for social security to vulnerable populations?

Other States, and even the Government of India should follow the example of Rajasthan. They should take the necessary steps to change their existing schemes into an Act that provides more credible entitlements, strengthens accountability.

The Central government must recognise that pension is a right for work done by unorganised sector workers, who are contributing seminally to the GDP and economy all their lives.

The vulnerable working people, senior citizens and the disabled, rights-based entitlements provide a measure of dignified living which should be the objective of any democracy.

 

Billionaire Raj: The rise of India’s multi-business conglomerates

Source– The post is based on the article “Billionaire Raj: The rise of India’s multi-business conglomerates” published in the Business Standard on 18th February 2023.

Syllabus: GS3- Indian economy

Relevance: Wealth concentration

News- Recently, two announcements of the past few days grabbed attention. One was Tata-owned Air India’s eye-popping order for 470 passenger planes. The second announcement was an investment commitment of about Rs 3.5 trillion by various business houses

How is the business being dominated by a few large firms in India?

Gautam Adani’s companies run some of India’s biggest ports, operate a fifth of its power transmission lines, and accommodate a quarter of its commercial air traffic.

Tata group’s chairman recently mentioned investment plans totalling $90 billion for the next five years.

Mukesh Ambani has made various pronouncements for investments of about Rs 10 trillion. His ambitions include producing a fifth of the country’s renewable energy.

The Rs 30-trillion investment mentioned by just the Big Three equals a tenth of India’s GDP. They account for 20% of the net profits of 3,250 out of India’s listed, non-financial companies.

What can be concluded by increasing wealth concentrations in the hands of a few conglomerates?

The increasing concentration of mega investments is because of their capital-intensive nature and the scale of the country’s ambitions.

The rise of multi-business conglomerates stands in contrast to the earlier rise of focused, single-business enterprises in telecom, IT services, pharmaceuticals, and automobiles.

The experience of South Korea, Japan, and Russia has shown, the conglomerate model often comes with political connections. But such comparisons can be overblown.

The six big groups have revenue equal to about 11% of India’s GDP. Samsung alone accounts for more than that in South Korea.

 

 

Supreme Court must use cases pending against UAPA to examine its scope

Source– The post is based on the article “Supreme Court must use cases pending against UAPA to examine its scope” published in The Indian Express on 17th February 2023.

Syllabus: GS3- Security

Relevance: Measures adopted by government to deal with terrorism

News- In recent times, arbitrary use of India’s omnibus anti-terror law, the Unlawful Activities (Prevention) Act (UAPA), 1967 has drawn attention.

What are the prominent anti-terror laws that have been used by the Indian government against terror activities?

Indian anti-terror laws include the Disruptive Activities (Prevention) Act passed in 1985, and the Prevention of Terrorism Act (POTA) passed in 2002.

In 2004, started using UAPA against the terror activities. The government used UAPA to declare illegal any organization questioning India’s sovereignty.

Since then, the law has undergone three significant revisions — 2008, 2013 and 2019. Each modification has made it more stringent.

What are the problems associated with the legal approach adopted by the Indian government against terrorism?

The government has prosecuted political dissidents under anti-terror laws. But on the global stage, in 2022, India objected to the inclusion of “right-wing extremism” in the definition of terrorism in the UNGA Global Counter-Terrorism Strategy.

There appears to be a significant difference between what India considers to be terrorism and what other democracies like the UK, US do. But Indian anti-terror measures were inspired by legislation from these countries and United Nations Security Council resolutions.

TADA and POTA were known for their lengthy pretrial detention, in-custody torture, false prosecutions, and forced confessions. Minority community members paid a heavy price.

What has been the stand of SC on anti-terror legislations?

The Supreme Court had evolved many safeguards for application of TADA and POTA.

In Shaheen Welfare Association v Union of India, 1996; it categorized TADA detainees into four different brackets to grant bail.

In Kartar Singh v State of Punjab, 1994; SC ordered setting up state and central review committees to prevent the misuse of TADA.

But in the UAPA era, the court has been unable to provide adequate safeguards against arbitrary arrests, malicious prosecutions and long pretrial detentions. The Court’s ruling in NIA v Zahoor Ahmad Shah Watali (2020) has made the grant of bail almost impossible.

What are issues related to UAPA?

Terms like “terrorist act”, “unlawful activity”, “advocacy”, “conspiracy”, “likely to threaten”, and “likely to strike terror” have been framed vaguely. These seem to give agencies arbitrary powers.

There is a lack of standards for prosecution. Instead, the act allows for a blind reliance on police cases. The terms like “terrorist act” are subjective and difficult to define.

UAPA has one of the worst records for prosecution success. According to a PUCL report in 2022, less than 3% of arrests made under the UAPA resulted in convictions between 2015 and 2020. Only 1,080 of the 4,690 people detained under the UAPA between 2018 and 2020 received bail.

What is the way forward for reforming UAPA?

The debate on UAPA needs to be taken beyond the validity of a few select provisions. The law’s purpose and scope need careful examination. The main question is proportionality which is a fundamental principle of our Constitution.

The Court must determine whether the breadth and consequences of UAPA are substantially out of proportion to its declared goals.

There is a need to have a law that effectively combat terrorism and still conform to the imperatives of our Constitution. The ability to identify, neutralize, and bring terrorists to justice should be a priority.

However, the authorities must be subject to stringent, clear controls and impartial oversight.

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