Why are Custodial Deaths & Police Torture not an important topic in India?

We totally ignore many important topics of the society in our daily life but slowly this avoidance/ignorance turns in to acceptance and looks very normal. 

As nowdays movies which are showing police torture are actually successful and liked by most public.  According to a report, if a lead character performs any violent activity or any fake encounter usually viewers encourages that act According to the point of view of an average bollywood viewer police is just not to maintain law and order they think their work is to just punish and kill the villains. In this article we are going to cover many important topics Like Prevention Of Torture Bill, in what stage it is in our parliament second topic is, what are the rights available for an arrested person in India and lastly we will know about what steps Supreme court has taken in this matter.

After the death of George Floyd in US and the custodial death of Jeyraj and Fenix at Sathankulam Police Station raised a lot of concerns about the matter. and again it has given air to have a new debate around police 3rd degree torture The death of George Floyd in US resulted in heavy protest and as a result of protest Congress has decided to pass a police reform bill and along with this it is discussed to maintain a National database which will register all police misconducts. Will this bill turn into a law, time will tell us. Anti Torture Bill was discussed in India also it was 10 years before, it is been discussed in parliament so many times but not passed yet Globally it was discussed first time by United Nations in 1975. India also is a  member of UN, so if any law of UN has to be applied in India, then we have to make a law by the parliament So making UN Convention Against Torture 1975 a law , a bill was presented Lok sabha in 2010 named Prevention Of Torture Bill 2010 so according to this bill if any public servant commits a torture then punishment has prescribed against him This bill explains the word "Torture" very broadly and simply and says that if any public servant tortures any individual for deriving any information or his confession if he hurts that individual grievously or tortures his life, limb, mentally or physically then all these things will be considered as torture and against this act there is a punishment of 10 years After being passed by Lok Sabha it comes to Rajya Sabha and for further consideration the bill was passed to Rajya Sabha Select Committee, giving some suggestions for the bill and says the points like the definition of torture should be expanded secondly if any woman or child has been tortured then the punishment should be more strict and thirdly they suggested to setup an Independent Authority which can investigate all the activities and provide all the needed compensations to the victims.

and after including all these suggestions this bill was presented repeated times in Rajya Sabha but till date this bill has not been passed in Rajya Sabha. yet In 2017 Law Commission said that they are seriously considering about the bill but before passing the bill there should be changes done in Indian Penal Code, Indian Evidence act and Criminal Procedure Act which seems like a tough work

In 2019 there were 1700 Custodial Deaths. now lets know what are the major judgments given by  Supreme Court against the police torture and violence and in the last judgment we will get to know about the guidelines which every police officer has to follow while arresting someone.

first case is Rudul Shah Vs State of Bihar 1983 in this case petitioner Rudul Shah was kept illegally in jail for 14 years. habeas corpus writ was file and his immediate release was demanded this case is important because in this case for the very first time Supreme Court realized that if by any state any individuals constitutional rights is been violated, then the individual will get compensation

2nd case is Saheli vs Commissioner of Police 1989 in this case police along with zameendar misbehaves with the rented mother and his 9 year old child.

due to which the 9 year old child dies and Supreme Court compensated the mother by awarding 75000 Rs

this case is important because in this case Supreme Court gave option to Delhi administration to recover the amount by the police officer who is responsible for the incident

3rd case is Nilabati Behera Vs 1993 of Orissa in this case Suman Behera was arrested by police and the very next day her body was found on railway track with multiple injuries in this case petitioner was awarded by a compensation of Rs 1 lakh 55 thousand.

so in last 2 cases we got to know that while awarding compensation supreme court doesn't follow any specific criteria according to the situation of the case, the compensation is decided but in this case Supreme court said that it is a state's responsibility to give compensation not police officer's 

Next case is Joginder singh vs State of UP 1994 in this case Supreme Court said that if any arrest is done without any justification then it will be an illegal act Supreme court said that police officers has the power to arrest but just for using this power they cant arrest there must be a reasonable justification for arresting someone. and now the most important case of Custodial violence.

D.k. Basu vs State of West Bengal 1997: In this case Supreme court recognized custodial violence and police torture and said custodial violence is an attack on human dignity in this case court said after having many recommendations and policies still the cases of torture and deaths in police custody are increasing so in this case total 11 guidelines were given which every police officer has to follow while arresting someone these guidelines and rights is available to every arrested person in the country so now quickly we will look at the guidelines So what are the guidelines which police officers has to follow while arresting someone

 

1st is which ever police person is handling the interrogation or arrest they should clearly carry their name tag in which their name and designation must be seen clearly and police has to maintain a register of those officials who are handling the case or interrogation.

2nd is arrest memo if any police officer is arresting someone they has to maintain an arrest memo in which all the details related to arrest should be there like the signature of any witness person , time, date and place of arrest.

3rd guideline is that the arrested persons relative or friends must be informed about the arrest of that person and where he has been detained this also should be informed and they have to maintain an official diary in which all the records has to be mentioned like which officer is handling the case who has been informed, like this things should be mentioned in that diary.

4th Inspection Memo, if the arrestee has any major or minor injuries then it should be noted down Inspection memo would be signed by both officer and arrestee. Arrestee will get a copy of inspection memo.

5th is Medical Examination, after the arrest of the person he should be medically examined in every 48 hours after this all these documents - medical report, inspection memo, arrest memo the copy all these documents will sent to the magistrate for their records and while at the time of  interrogation arrested person can meet to his lawyer and there should be a Police control room in every district and state head quarter in which every information related to the arrest they would receive within 12 hours of the arrest and Police Control Room board will display all these information.

Sheela barse Vs State of Maharashtra and D.K basu Vs State of West Bengal were the major cases after which the guidelines were given on. still the cases of Custodial Voilence still rises. I hope strict laws will come into force in future to curb these type of activities by police authorities.

A Travesty of Justice: Animal ‘RIGHTS’, not 'WRONGS'

“I am in favor of animal rights as well as human rights. That is the way of a whole human being.”                                    

                                                                                                    Abraham Lincoln

  

   INTRODUCTION

Ever since the COVID-19 pandemic, which consequently resulted in a complete lockdown for three months, humans have experienced depression. Critically, it is also time to reflect on what the caged animals in zoos and circuses go through having lived most of their lives. Here in India we often come up with the cases of violation of human rights.so it seems very difficult to ensure the rights of innocent animals. In spite having laws on animal cruelty, these cases of animal abuse are very common. A wildlife news has been in the public spotlight recently, centering around the tragic death of a pregnant elephant, which ate a pineapple allegedly stuffed with a firecracker. Subsequently, this elephant stood in the middle of a river and died. Few days after Pregnant cow's jaw was blown off by explosive in Himachal. All these incidents make us ponder towards few problems; Are animals life not really important to the people, Are we not scared of laws made to ensure rights of animals, or whether laws made are too weak to guarantee the conviction of these people showing Inhuman behavior to animals. India is home to several religious traditions advocating non-violence and compassion towards animals and has passed number of animal welfare reforms since 1960, still India is also one of the world's leading producers of animal products. Enough of laws now what we need is conscience.                                                                                                                     

                                                                                                         BACKGROUND

Ancient India

The Vedas, the first scriptures of Hinduism, teach ahinsa or nonviolence towards all living beings. In Hinduism, killing an animal is regarded as a violation of ahinsa and causes bad karma, leading many Hindus to practice vegetarianism, however allowed animal sacrifice in religious ceremonies.

In Jainism, ahinsa is its central teaching. Due to their belief in the sanctity of all life, Jains practice strict vegetarianism and many go to great lengths even to avoid harming insects

Buddhism was the third major religion to emerge in India, and its teachings also include ahinsa. Buddhism teaches vegetarianism, and many Buddhists practice life release in which animals destined for slaughter are purchased and released to the wild. Despite the influence of Hinduism, Jainism, and Buddhism, meat-eating was still common in ancient India.

 British India

Colesworthey Grant founded the first Indian Society for the Prevention of Cruelty to Animals (SPCA) in 1861 in Calcutta. The Indian SPCAs successfully lobbied for anti-cruelty legislation in the 1860s, which was extended to all of India in 1890–91. The Cow Protection movement also arose in the late 1800s in northern India. Cow Protection was a movement of native Hindus. It was largely an expression of Hindu nationalism rather than part of a larger native Indian animal welfare movement.

Post-independence India

India's first national animal welfare law, the Prevention of Cruelty to Animals Act (1960), criminalizes cruelty to animals, though exceptions are made for the treatment of animals used for food and scientific experiments. The 1960 law also created the Animal Welfare Board of India to ensure the anti-cruelty provisions were enforced and promote the cause of animal welfare.

The International framework

The Universal Declaration on Animal Welfare (UDAW) is a proposed inter-governmental agreement to recognize that animals are sentient, to prevent cruelty and reduce suffering, and to promote standards on the welfare of animals. The principles were designed to encourage and enable national governments to introduce and improve animal protection legislation and initiatives.

People for the Ethical Treatment of Animals (PETA) is an American animal rights organization led by Ingrid Newkirk, its international president. The nonprofit corporation claims 6.5 million supporters. Its slogan is "Animals are not ours to experiment on, eat, wear, use for entertainment, or abuse in any other way." Here in India, the organization is actively working to reduce cruelty towards animals & raising concerned issues.

The United Nations Environment Programme (UNEP) hosts the Convention on International Trade in Endangered Species of Wildlife Fauna and Flora, known as CITES, which regulates trade in roughly 5,800 species of animals and 35,000 species of plants to prevent overexploitation.

Legislation in India

We in India are lucky to have one of the most comprehensive set of animal protection laws in the world. Enshrined in the Indian constitution, Article 51 (G) states the following

"It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures."

Keeping constitutional provision in view, important animal protection laws that have been enacted include:

·       Prevention of Cruelty to Animals Act: enacted in 1960 to prevent the infliction of unnecessary pain or suffering on animals and to amend the laws relating to the prevention of cruelty to animals.

·       The Wildlife Protection Act:  the objective is to effectively protect the wildlife of this country and to control poaching, smuggling and illegal trade in wildlife and its derivatives. The Act was amended in January 2003 and punishment and penalty for offences under the Act have been made more stringent

If the killing or cruelty is enacted upon an animal not owned by the offender, refer to Section 428/429 of the Indian Penal code and The Prevention of Cruelty to Animals Act (1960).

If the killing or cruelty is enacted upon an animal owned by the offender, refer to The Prevention of Cruelty to Animals Act (1960).

If the animal is a wild animal not defined as "vermin" by the state, or if the person is killing or injuring an animal defined as a vermin in an illegal/inhumane way, refer to The Wildlife Protection Act (1972) and the Prevention of Cruelty to Animals cruelty act.

PROOF OF THE CLAIM

Recently there was a case in Delhi where an Activist working for animal rescue was attacked by a mob just because she was trying to aid the dogs. Today most people actually don’t care about the lives of animals and even creating problems for one who are helping, Which make us believe that Humans are losing humanity. Every year, millions of animals are killed in India either to feed the non-vegetarian population or in laboratories for medical experiments. Cruelty against animals is a cognizable offence under Section 428 and Section 429 of the Indian penal code. There are Rising instances of animal cruelty in India, land where they are worshipped. A couple of cases of cruelty towards animals have come to light in the past few months which have enraged many Indian. More than a decade since the Supreme Court issued a directive for states to set up an Animal Welfare Board, states across India are still either yet to form a State Animal Welfare Board or, where formed, yet to support its functioning with staff and budget availability.

There is an urgent need to implement effectively the laws made for the protection of animals. In India, it is a common sight to see crudely castrated bulls pulling carts full of huge loads and being whipped repeatedly if it stops on the way. People pelting stones at dogs and cats out of fun and how to forget, all the ‘taming’ contests, fights, and cart races where animals like bulls, cows and hens are treated as if they are just playful objects. In this world of modernization and development people are slowly losing their ethos and morals not only towards each other but towards these innocent animals as well.

 Few of the major orders which either mitigated or put an end to the suffering of animals are :

·      Animal Welfare Board of India vs. A Nagaraja and Others: Bulls cannot be performing animals. Jallikattu and other animal races and fights are prohibited: Supreme Court

·       Nair, N.R. and Ors. Vs. Union of India and Ors: Bears, monkeys, tigers, panthers, and lions shall not be trained or exhibited as performing animals: Kerala High Court

·      Gauri Maulekhi Vs. Union of India and Ors: Strict implementation of prohibition of cattle smuggling across the border for Gadhimai animal sacrifice in Nepal.

·       State of Gujarat vs. Mirzapur Moti Kureshi Kassab Jamat: Seven judge supreme court constitutional bench observed that the protection of cow progeny was “needed in the interest of the nation’s economy’

 CONCLUSION

Although a lot of very elaborate and specific animal protection laws have been passed in India, they are often not properly implemented. It is so because concerned citizens and NGOs do not often emphasize on taking the legal pathway to accomplish results. Still The laws can be made more stringent and all-encompassing so that animals of all kinds, be it street animals, wild animals and animals residing in all types of habitat are protected and preserved.

Few recommendations to enhance the framework is to set up and strengthen the Society for Prevention of Cruelty to Animal, NGO that can work in each state independently with no impedance of the state. There is a serious need to ensure that the State Animal Welfare Board runs appropriately, in light of the fact that in many states there is no such board and where there is one it hasn't met for a considerable length of time. These little changes by various gatherings and partners can change the situation for animals in India, and no mercilessness of any kind would be available in our public.

BIBLIOGRAPHY

 

1.     https://www.strawindia.org/laws-that-protect-animals-in-india.aspx

2.    https://www.tribuneindia.com/news/ludhiana/animals-too-have-the-right-to-live-without-pain-42939

3.   http://www.legalserviceindia.com/legal/article-1203-rights-of-animals-under-the-indian-legal-system-justifiable-amendable-curative-reformative.html

4. http://www.legalservicesindia.com/article/2320/Cruelty-and-Inhumanity-towards-Animals-in-India.html

    https://www.newindianexpress.com/nation/2020/jun/19/humans-losing-humanity-rising-instances-of-animal-cruelty-in-india-land-where-they-are-worshipped-2158506.html

6.   https://www.indiatoday.in/education-today/gk-current-affairs/story/rules-for-animal-welfare-967061-      2017-03-22

7.https://blog.ipleaders.in/whether-ban-cow-slaughter-constitutionally-valid/

8.  https://www.thebetterindia.com/52075/animal-welfare-cruelty-law-court-judgements/

9.https://scroll.in/article/956247/despite-a-decade-old-supreme-court-order-nobody-is-really-looking-      after-indias-stray-animals

10. https://timesofindia.indiatimes.com/world/us/not-humans-but-dogs-protest

11.  The constitution of India, 1950

12.  The Indian penal code, 1860

13.  Animal Welfare Board of India vs. A Nagaraja and Others civil appeal no. 5387(2014)

Nair, N.R. and Ors. Vs. Union of India and Ors AIR 2000 Ker 340

What are the True Sources of The Constitution of India ?

There are 448 Articles in our Indian constitution But when you see the last Article of our constitution,  it is Article no. 395, How is this possible?

Before answering this question, Its important to understand the present structure of our Indian Constitution

26 November 1949 was the date when our constitution was fully made and ready. That time there were total 395 Articles, 22 Parts and 8 Schedules.

But Since 1949, Total 104 new amendments are introduced in our Constitution till present

So after all this changes, now our Constitution consists of 448 ARTICLES, 25 PARTS and 12 SCHEDULES

To maintain the original numbering of the Articles present in our constitution, Whenever any new Amendment or any laws are introduced, They are introduced in Alphabetic manner

For example we look 86th Amendment, this act has given us a new fundamental right-Right to Education, and this act was introduced in our constitution as article 21A. so that's why, after having so many amendments the last article of our constitution is Article 395.

Now what are the Parts and Schedules in our constitution, lets understand this also-

The Articles present in our constitution are made up of  topic wise specifically/. If you see from Article 12 to Article 35, it tells all about our fundamental rights. This specific topic wise arrangement is known as Parts

Like PART 3 describes about Fundamental Rights, PART 4 describes about  Directive Principles of State Policy. Like this only each Part states about specific Articles

Next is SCHEDULES,  These are the provisions which are given in the Articles, All the Additional Details and the Lists are introduced as Schedules.

Like SCHEDULE 1  Tells about the names of all States and Union Territories

SCHEDULE 2 describes about the Salary and SCHEDULE 8 tells that which languages are the official languages.

The question must come in your mind that like we included the Articles in to the Constitution, why we hadn't introduced Schedule in the Constitution?

Its Because already our Constitution was so lengthy, if we would add more Schedule then it could have become more complicated. 

That's why for the simplicity, Constitution has been divided in Articles, Parts and Schedules.

In our Indian Constitution till now 125 amendments are proposed and from that 104 amendments act are passed.

The very latest amendment act is 104rd Amendment Act which was passed in January 2019 Which talks about Reservation of Seats for SC & ST for another 10 years.

It was needed because the reservation policy which was adopted before was going to expire this year. so There was a need to Extend it for another 10 years till year 2030

Now lets go to  1946-47

When the Constituent Assembly of India began to make our constitution for the first time. At that time we mainly relied on following 11 sources for making our constitution

Along with this we will see that which important features we have inserted from these sources:

1. The Government of India Act of 1935,

The Constitution of Independent India came to force in 26 January 1950. But before this In British India The law of The Land was The Government of India Act 1935, That's why, when we were making our Constitution the act of 1935 was the best preference and source.

We have took three important features from this act that are Emergency Provisions, Public Service Commission and System of Judiciary

Means the Structure of Supreme Court, High Court and Subordinate Court was also taken from here only

Along with this Federal Scheme of government and Office of Governer is taken from here only

2. The US Constitution

From here the most important thing we took was the Fundamental Rights and judicial review

In government of India Act there were no provisions regarding Fundamental rights and fundamental duties So from 1950 only Indians have got their fundamental rights

 Judicial Review which we adopted ensured that there should be no law that violates the Fundamental rights.

Apart from this the removal procedure of  President which is called as Impeachment and the removal procedure of the judges of Supreme Court and High Court is also taken from US constitution.

also Preamble of our Constitution and Independence of Judiciary is also taken from US constitution

3. British Constitution

from here we have taken very core and important features of Constitution like Writs, Right to Constitutional Remedies, the provision is given [Article 32 & 226]

Parliamentary Form of government, single citizenship, Parliamentary privileges and Rule of Law are also from British Constitution

Rule of Law states that, in any country government is not the Supreme only Law and constitution are supreme

4. Irish Constitution

From here the important thing we have taken is Directive Principles of State Policy found in Part VI Article 36-51,

It is like a guide line about how to run a state government and what policies and laws should be made for a state. Along with this we have taken Method of Election of the president (Article 55) And Members nomination to the Rajya Sabha by the President (Part V Article 80)

5. The Constitution of Germany (WEIMAR)

The important thing taken from here is Suspension of Fundamental Rights during Emergency Article 356

6. South African Constitution 

From here we have taken Amendment of the Constitution Part XX  Article 368 Election of members of the Rajya Sabha.

7. The Constitution of SOVIET UNION (USSR)

From here we have taken Fundamental duties Part IV A Article 51A, which is like a moral obligations on citizens and for patriotism. Along with this we have taken The ideals of justice (social, economic and political), expressed in the Preamble.

8. Constitution of CANADA ,

You will see there are two governments in India one is Central Government and other is State Government But Central Government has more powers, Its because Federalism which is taken from Canada

Next we have taken is Advisory jurisdiction of the supreme court (Article 143)

Centre appoints the Governors of the states (Art.155, 157), Residuary powers vest with the Centre (Article 248) and Entry 97 of the Union List

9. Constitution of Australia 

From where we have taken  Concurrent List which is in Seventh Schedule, Freedom of trade and commerce (Part XIII, Article 301- 307) and Joint sitting of the two Houses of Parliament (Article 108)

10. France Constitution

Ideas of liberty, equality, fraternity and republic is taken from french Constitution.

These all 4 important words you will get in our Preamble

10.  Japanese Constitution

 From here we have taken Procedure established by law. A key feature of the Constitution of India

Crux of New Education Policy 2020

New National Education Policy 2020 has finally been approved by the Cabinet. which provides for major reforms in higher education, Increased focus on non- academic skills. From School Education to Higher Education, the NEP envisions to provide a new structure to the education sector of the country.  It will provide several structural changes in the early as well as the higher education system, has been developed after consultations for nearly five years with stakeholders and the general public. The new policy aims to achieve 100% youth and adult literacy in India.

NEP 2020: School Education key Highlights-

1. Early Childhood Care & Education: The 10+2 structure of school curricula is to be replaced by a 5+3+3+4 curricular structure corresponding to ages 3-8, 8-11, 11-14, and 14-18 years respectively. This will bring the uncovered age group of 3-6 years under school curriculum, which has been recognised globally as the crucial stage for the development of mental faculties of a child.   

2. Attaining Foundational Literacy and Numeracy: A National Mission on Foundational Literacy and Numeracy will be set up by the MHRD. States will prepare an implementation plan for attaining universal foundational literacy and numeracy in all primary schools for all learners by grade 3 by 2025. 

3. Reforms in School Curricula and Pedagogy:  Students will have increased flexibility and choice of subjects. There will be no rigid separations between arts and sciences, between curricular and extra-curricular activities, between vocational and academic streams.

4. Multilingualism and the Power of Language: The NEP 2020 advocates for mother tongue/local language/regional language as the medium of instruction at least till Grade 5, but preferably till Grade 8 and beyond.

5. Assessment Reforms:  shift from summative assessment to a more competency-based regular assessment which tests analysis, critical thinking and conceptual clarity. boards for class 10 and 12 can be conducted 2 times in a year

6. Equitable and Inclusive Education:Children with disabilities will be enabled to fully participate in the regular schooling process from the foundational stage to higher education, with support of educators with cross-disability training, resource centres 

Highlights for Higher Education:

1. Increase GER to 50% by 2035: NEP 2020 aims to increase the Gross Enrolment Ratio in higher education including vocational education from 26.3 per cent (2018) to 50 per cent by 2035 .

2. Holistic Multidisciplinary Education: Introduction of vocational education and multiple entry and exit points with appropriate certification. UG education can be of 3 or 4 years with multiple exit options and appropriate certification within this period. For example, certificate after 1 year, advanced diploma after 2 years, Bachelor’s degree after 3 years and Bachelor’s with research after 4 years.

An Academic Bank of Credit is to be established for digitally storing academic credits earned from different institutes so that these can be transferred and counted towards final degree earned. 

3. Regulation: Higher Education Commission of India (HECI) will be set up as a single overarching umbrella body the for entire higher education, excluding medical and legal education.   

4. Financial support for students: Efforts will be made to incentivise the merit of students belonging to SC, ST, OBC, and other SEDGs. The National Scholarship Portal will be expanded to support, foster, and track the progress of students receiving scholarships. 

5. Online and Digital Education: A dedicated unit for the building of digital infrastructure, digital content and capacity building will be created in the MHRD to look after the e-education needs of both school and higher education.

6. Technology in Education: An autonomous body, the National Educational Technology Forum (NETF), will be created to provide a platform for the free exchange of ideas on the use of technology to enhance learning

Anti-Defection Law: Is it time for Reconsideration?

For a very long time, the Indian political system was impacted by political defections by members of the legislature. This situation brought about greater instability and chaos in the political system.

Thus, in 1985, to curb the evil of political defections, the 52nd constitution amendment act on anti-defection was passed and the 10th Schedule was added in the Indian Constitution.

However, the recent examples of defection in the Rajasthan Assembly show that the law needs a relook in order to plug the loopholes and achieve a balance between the rights of legislators and interests of legislative stability.

Issues Associated With the Defection

Subversion of electoral mandates: Defection is the subversion of electoral mandates by legislators who get elected on the ticket of one party but then find it convenient to shift to another, due to the lure of ministerial berths or financial gains.

Affects the normal functioning of government: The infamous “Aaya Ram, Gaya Ram” slogan was coined against the background of continuous defections by the legislators in the 1960s. The defection leads to instability in the government and affects the administration.

Promote horse-trading: Defection also promotes horse-trading of legislators which clearly go against the mandate of a democratic setup.

Role of 91st Constitution Amendment Act-2003

• It aimed at limiting the size of the Council of Ministers to debar defectors from holding public offices, and to strengthen the anti-defection law.
• Earlier, a defection by one-third of the elected members of a political party was considered a ‘merger’. The amendment changed it to at least two-thirds.

Challenges of Anti-Defection Law

1. Against the true spirit of representative democracy: The anti-defection law seeks to provide a stable government by ensuring the legislators do not switch sides.

• However, this law also enforces a restriction on legislators from voting in line with their conscience, judgement and interests of his electorate.

      2. Impedes legislative control on government: The anti-defection law impedes the oversight function of the legislature over the government, by ensuring that members vote based on the decisions taken by the party leadership.

• In short, if legislators are not able to vote on laws independently, they would not act as an effective check on the government.
• The Anti-Defection Law, in effect, dilutes the separation of powers between the Executive and the Legislature – and centralizes power in the hands of the executives.

      3. Role of presiding officer of the house: The law lays down that legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.

• However, there are many instances when presiding officers play a part with the vested interests of a political party/government in power.
• Also, the law does not specify a time period for the Presiding Officer to decide on a disqualification plea.
• The decision thus is sometimes based on the whims and fancies of the presiding officer.

      3. Affects the debate and discussion: The Anti-Defection Law has created a democracy of parties and numbers in India, rather than a democracy of debate and discussion.

• In this way, it does not make a differentiation between dissent and defection and weaken the Parliamentary deliberations on any law.

Steps To Be Taken

   1. Rational use of the anti-defection law: Several experts have suggested that the law should be valid only for those votes that determine the stability of the government. e.g. passage of the annual budget or no-confidence motions.

   2. Advice of Election Commission: Various commissions including National Commission to review the working of the constitution (NCRWC) have recommended that rather than the Presiding Officer, the decision to disqualify a member should be made by the President (in case of MPs) or the Governor (in case of MLAs) on the advice of the Election Commission.

   3. Independent authority to deal with disqualification: Justice Verma in Hollohan judgment said that tenure of the Speaker is dependent on the continuous support of the majority in the House and therefore, he does not satisfy the requirement of such independent adjudicatory authority.

• Also, his choice as the sole arbiter in the matter violates an essential attribute of the basic feature.
• Thus, the need for an independent authority to deal with the cases of defection.

   4. Promoting the principle of intra-party democracy: 170th Law Commission report underscored the importance of intra-party democracy by arguing that a political party cannot be a dictatorship internally and democratic in its functioning outside.

• Thus, the parties should listen to the opinions of the members and have discussions on the same. This would give the freedom of speech and expression to its members and promote inner-party democracy.

Conclusion:

Though due to anti-defection law, political instability caused by the frequent and unholy change of allegiance on the part of the legislators of our country has been contained to a very great extent, yet there is a need for a more rationalised version of anti-defection laws which will help establish a truly representative democracy.

Why is Assam in News every year for Floods?

The recent flood in Assam has led to heavy casualties, displacement of peoples and animals and destruction of property and environment.

It has also led to inundation of 80% of the area of Kaziranga National Park.

Reason behind Floods:

1. Ill-maintained or poorly constructed river embankments are the main reason behind the flooding.

• One major feature of flood management in Assam is total dependence on embankments.
• Assam began constructing embankments in the 1960s and most of them have outlived their utility. Many of these started breaching or collapsing from the 1990s, more seriously from the 2000s.

2. Massive deforestation in catchment areas of rivers or release of waters by dams upstream.

3. Climate change is also a factor behind floods.

Floods in Kaziranga’s Ecosystem:

1. Experts believe that floods are necessary for Kaziranga by virtue of its riverine ecosystem. The system won’t survive without water.

• Kaziranga National Park and Tiger Reserve (KNPTR) is sandwiched between the Brahmaputra river and the Karbi Anglong Hills. The entire area is formed by alluvial deposits from the Brahmaputra and its tributaries.

2. The regenerative nature of floods helps replenish Kaziranga’s water bodies and maintain its landscape, which is a mix of wetlands, grasslands and semi-evergreen deciduous forests.

3. The floodwaters function as a breeding ground for fish, which are carried away by the receding waters into the Brahmaputra. i.e the Kaziranga’s floods replenishes the Brahmaputra’s stock of fish.

4. The waters also help get rid of unwanted plants such as water hyacinth which collect in huge masses in the landscape.

Issues Involved:

1. Frequent Floods: Earlier, a big flood would come once in ten years, now they come every other year.

2. NH-37: When the flood water hits a certain level, the animal moves towards safer, higher ground in the Karbi Anglong hills. However, they have to cross NH-37 which cuts across the park, which leads to the killing of animals in road accidents.

3. Animals are also killed by poachers who take advantage of their vulnerability.

4. Human-animal Conflict: Animals also move towards villages in floods, this leads to human-animal conflict.

Steps taken during Floods:

1. The authorities keep a track of updates from the Central Water Commission, and monitor water levels of the Brahmaputra tributaries upstream in Arunachal Pradesh.

2. Camps are organised to create awareness against poaching and harming wild animals that are rendered vulnerable during the floods.”

3. When the floods hit, Section 144 of CrPC is imposed along NH-37, speed limits are enforced and fines levied. Barricades are also placed to help animals cross over to Karbi Anglong.

Way Forward

1. In the absence of long-term alternatives, the government has to invest in strong, durable embankments to ensure that the situation does not deteriorate every year.

2. Kaziranga, with its rich grassland habitats, has a primary role to play in supporting the wildlife populations.

3. Emphasis needs to be put on securing animal corridors and ensuring a safe passage to the Karbi hills.

4. Need for a landscape-scale conservation approach that recognises the value of the Karbi Anglong hills.

• The highlands of Karbi Anglong, where the animals take refuge, are the lifeline of the park during the floods.

Imprisonment, or a Demotion to a life of an animal ?

PRISON REFORMS: A RAY OF HOPE IN DARKNESS

“It is not the prisoners that need reformation. It is the prisons.”

                                                                                            ― Oscar Wilde”

1.     INTRODUCTION

The world celebrates Prisoners Justice Day on Aug. 10 to give message that even life of a prisoner matters & deserves justice in every form, But the reality is very different by what we see from outside world. These prisoners have nothing to celebrate. Conditions in which they are living is inhuman. Here in India, Prison is a state subject and every state have liberty & freedom to make changes in the law. They can make laws on their own and implement them, so sometimes it leads us to more complex situations. It’s very difficult in country like India to look in issues of prison reforms. The one who are making laws in our country are usually interested in the issue of the class which is voting, which results in total ignorance of problems of the prisoners as their right to vote is also taken away with their freedom as they enter jail.

All men are born equal and are endowed by their creator with some basic rights. These rights are mainly right to life and liberty, but if any person doesn't comply with ethics of the society then that person is deprived of these rights with proper punishment. human rights advocates say the state of Indian prisons needs to come into focus again. Most Indian jails fail to meet the minimum United Nations standards for such facilities, including inadequate amounts of food, poor nutrition, and unsanitary conditions.

 

2.     BACKGROUND

The object of punishment during Hindu and Mughal period in India was to deter offenders from repeating crime. The prisoners were ill-treated, tortured and subjected to most inhuman treatment. They were kept under strict control and supervision.

During British rule, they introduced radical changes in the existing prison system. Adequate steps were also taken to eradicate corruption among the prisons staff. Conditions of Prisoners were harsher than animals in India and prisoners were treated with hatred.

There was no uniform civil code to give punishments. But in year 1835, some major refofrmation arose. The second enquiry committee in 1862 expressed concern for the unhygienic conditions in jails, it emphasized the need for proper food and clothing for the prison inmates and medical treatment of ailing prisoners.

 International framework:

International Covenant on Civil and Political Rights

Article 10 of the International Covenant on Civil and Political Rights provides that any person deprived of their liberty shall be treated with humanity and dignity. The article imposes a requirement of separation of prisoners in pre-trial detention from those already convicted of crimes, as well as a specific obligation to separate accused juvenile prisoners from adults and bring them before trial speedily. The article complements article 7 of the Covenant, which bans torture or other cruel, inhumane or degrading treatment, by guaranteeing those deprived of their liberty with the same conditions as that set for free persons

UN Standard Minimum Rules for the Treatment of Prisoners

The United Nations Standard Minimum Rules for the Treatment of Prisoners came into force in 1955. The standards set out by the UN are not legally binding but offer guidelines in international and municipal law with respect to any person held in any form of custody. They are generally regarded as being good principle and practice for the management of custodial facilities. It sets out guidelines for prisoners under sentence which further includes treatment, classification and individualization, privileges, work, educations and recreations, and social relations and after-care.

b.     Legislation in India

The Prisons Act, 1894 is the only consolidated framework with regards to jail management and administration which operates across all parts of India. This is an antediluvian act which operates without any amends to it. This act, however, failed to resolve certain issues. The loopholes in the act were subsequently addressed in the report of the Indian Jail Committee 1919-1920 pertaining to the rehabilitation and reformation of offenders, which were recognized to be as the key objective of prison administrator.

 Other The important statutes of the Prison laws in India are as follows –

·       The Prisons Act, 1894

·       The Prisons Act, 1900

·       The Identification of Prisoners Act, 1920

·       The Transfer of Prisoners Act, 1950

·       The Representation of People Act, 1951

·       The Prisoners (Attendance in courts) Act, 1955

·       The Probation of Offenders Act, 1958

·       The Mental Health Act, 1987

·       The Juvenile Justice (care & Protection) Act, 2000

·       The Repatriation of Prisoners Act, 2003

·       Model Prison Manual, 2016

 

PROOF OF THE CLAIM

According to the Prison Statistics India 2015 report by the National Crime Records Bureau (NCRB), India’s prisons are overcrowded with an occupancy ratio of 14% more than the capacity. More than two-thirds of the inmates are undertrials. Chhattisgarh and Delhi are among the top three in the list with an occupancy ratio of more than double the capacity. The prisons are overcrowded by 77.9% in Meghalaya, by 68.8% in Uttar Pradesh and by 39.8% in Madhya Pradesh. In absolute numbers, UP had the highest number of undertrials (62,669), followed by Bihar (23,424) and Maharashtra (21,667). In Bihar, 82% of prisoners were undertrials, the highest among states.

Here in India, Prisons have very serious health implications. There are some prisoners who are suffering from various diseases before entering to the prison or they get effected after coming in the prison. Hence there is no healthy atmosphere in the prison. It is overcrowded, there is no fresh air, absence of proper and nutritious food etc. Imprisonment disrupts relationships and weakens social cohesion, since the maintenance of such cohesion is based on long-term relationships. The size of the pre-trial prisoners is higher than that of the convicted prisoner. Pre-trial detention period is the most open period for the abuse of criminal justice process. Although pre-trial detainees should be presumed innocent until found guilty by a court of law, and treated as such, conditions in pre-trial detention are often much worse than those of prisons for convicted prisoners. Recently Supreme Court panel recommends several prison reforms that free calls should be allowed to their families, modern cooking technique should be implemented and video conferencing should be used in trials.

The Supreme Court, in its landmark decision in Ramamurthy v. State of Karnataka (1997)

 identified nine major problems which needed immediate attention for implementing prison reforms:

·       Overcrowding

·       Delay in trial

·       Torture and ill treatment

·       Neglect of health and hygiene

·       Insufficient food and inadequate clothing

·       Deficiency in communication

·       Management of open prisons

Few more important cases are:

Charles Sobaraj v. Supdt Central Jail Tihar

The Hon’ble Supreme Court held that imprisonment does not spell farewell to fundamental rights although by a realistic re-appraisal, courts will refuse to recognize the full panoply of rights enjoyed by the free citizens.

 State of Andhra Pradesh v. ChallaRamkrishna Reddy

The Supreme Court held that right to life is one of the basic human rights, guaranteed to every person by Article 21 and not even the State has authority to violate it. A prisoner does not cease to be a human being even when lodged in jail; he continues to enjoy all his fundamental rights including the right to life

 CONCLUSION

 

Prison system has granted a mission to reform the convicts and take them back to the society. An ideal prison must provide adequate work, vocational training, and basic educational facilities as well as medical and recreational facilities. In India, prison reforms did not emerge out of the social movement but were necessarily an outcome of the worst conditions of treatment faced by the political sufferers in prisons during the period of their imprisonment. The India Judiciary has played a vital role for the improvement of the Prison system in the past and hopefully would help in future also. Recently a good news came where many jails including Tihar of Delhi released thousands of prisoners due to concern of spread of virus in old aged prisoners in jail. It can be said that it is just the beginning of a long journey as well as a small step towards better prison system

In conclusion it must not be overlooked that the issue of prison administration and reformation of prisoners is just a piece of the bigger picture of social recovery. The jail organization alone can’t effectively reform the prisoners. It can just try its modest endeavors to set right the prisoners; however, endeavors will succeed only when our economics, education, social institution and values are appropriately coordinated into a cogent and congenial whole in view of the learning of the human establishment.

                                                               

                                                              

BIBLIOGRAPHY

             https://thewire.in/uncategorised/india-prison-conditions

        https://www.newslaundry.com/2020/03/31/whats-india-doing-to-keep-its-prisoners-safe-from-coronavirus

             https://blog.ipleaders.in/legal-backdrop-prison-reforms/

        https://www.thehindu.com/news/national/supreme-court-panel-recommends-several-prison/reforms/article30746675.ece

             http://www.legalserviceindia.com/article/l174-Prison-Reforms-In-Indian-Prison-System.html

             https://shodhganga.inflibnet.ac.in/bitstream/10603/149011/15/15_chapter%207.pdf

             http://www.penacclaims.com/wp-content/uploads/2018/08/Rishabh-Bhargava.pdf

            https://www.prisonsforum.in/files/Landmark%20Judgements%20About%20Prisoners'%20Rights%20and%20Prison%20Reforms.pdf    

            https://en.wikipedia.org/wiki/Prisoners%27_rights_in_international_law

       Ramamurthy v. State of Karnataka (1997) 2 SCC 642

           Charles Sobaraj v. Supdt Central Jail Tihar, AIR 1978 SC 1514

           State of Andhra Pradesh v. ChallaRamkrishna Reddy, AIR 2000 SC 2083

       The Constitution of India,1950