Current Affairs 24 June 2024

CONTENTS

1. Criminal Justice System
2. Prevention of Money Laundering Act
3. Official Visit of Bangladesh’s Prime Minister to India
4. Sensorineural deafness
5. Study on Methane Release from Nord Stream Pipelines
6. State of Global Air (SoGA) Report

 Criminal Justice System

Context:

Recently, a fabricated rape accusation and sunsequent imprisonment revealed a range of systemic shortcomings in our law enforcement machinery and social complexities that demand urgent attention.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Overview of the Criminal Justice System (CJS) in India
2. Challenges in the Indian Criminal Justice System
3. Reforming the Criminal Justice System (CJS) in India

Overview of the Criminal Justice System (CJS) in India

• Definition and Purpose:
  • The CJS of any state comprises agencies and processes established by the government to manage criminal justice, control crime, and impose punishment on law violators.
• Foundations:
  • India’s CJS is based on the Indian Penal Code (IPC), enacted in 1860.
  • Article 246 of the Constitution places police, public order, courts, prisons, reformatories, and other related institutions in the State List.
• Structure and Components:
  • The basic organs of the CJS include the Police, Judiciary, and Correctional Institutes.
  • The system consists of four main pillars.
    • Legal Provisions:
      • Section 161 of the Criminal Procedure Code, 1973, allows investigation officers to question anyone knowledgeable about a case and record their statement.
      • Prosecutors charge accused individuals with crimes and seek to prove their guilt in court.
      • Courts use discretion in sentencing, considering various factors such as the offender’s background and potential for reform.
    • Imprisonment Objectives:
      • Imprisonment in India focuses on the reformation and rehabilitation of prisoners through education, labor, vocational training, and practices like yoga and meditation.

Challenges in the Indian Criminal Justice System

• Case Backlog:
  • As of July 2023, over 5 crore cases were pending in Indian courts.
  • 87.4% of these are in subordinate courts, 12.4% in High Courts, with 1,82,000 cases pending for over 30 years. The Supreme Court had 78,400 pending cases.
• Judicial Delays:
  • India has only 21 judges per million people, against the target of 50 judges per million, contributing to significant delays.
• Fast-Track Courts:
  • The performance of fast-track courts has been suboptimal.
  • New courts with proper infrastructure and dedicated judges for fast-tracking cases are not established, and existing courts often handle fast-track cases along with their regular caseloads.
• Police Issues:
  • Accusations against the police include unwarranted arrests, unlawful imprisonment, wrongful searches, harassment, and custodial violence.
  • Police are acquiring more power under prevention laws.
• Complexity and Accessibility:
  • Current justice mechanisms are complex and often inaccessible to marginalized people.
  • Institutional focus over capacity-building marginalizes vulnerable sections of society.
• Perceived Biases:
  • Adivasis, Christians, Dalits, Muslims, and Sikhs are disproportionately represented in prisons compared to their population percentages.
• Use of Force and Torture:
  • Authorities sometimes use physical force to extract confessions and investigate crimes.
  • Women face torture, including custodial rape, molestation, and other forms of sexual abuse.

Reforming the Criminal Justice System (CJS) in India

• Judicial Principle on Bail:
  • The Supreme Court, in the landmark judgment of State of Rajasthan v. Balchand alias Baliya in 1978, established the principle: “Bail is rule and jail is an exception.”
• Law Commission’s Recommendations:
  • The 268th Report of the Law Commission of India emphasized the need for urgent measures to reduce the length of detention and recommended revisiting the bail laws to prevent excessive detention.
• Expeditious Case Disposal:
  • Long-pending sessions cases should be disposed of quickly to make these courts “truly fast-track.”
• Capacity Building:
  • Training, mentoring, and building the capacities of young professionals are essential for improving the quality of socio-legal services and enhancing the effectiveness of the CJS.
• Addressing Judicial Vacancies:
  • Filling judicial vacancies is crucial for maintaining a functional and fair judicial system. The All India Judicial Service (AIJS) can be explored for recruiting judges at the additional district judge and district judge levels.
• Artificial Intelligence (AI) in Judiciary:
  • AI can assist judges in making decisions regarding bail, sentencing, and parole.
  • AI can also be used to assess the risk of recidivism among offenders, aiding in more informed decision-making.

-Source: The Hindu

Prevention of Money Laundering Act

Context:

Explore the stringent bail conditions under Section 45 of the PMLA for money laundering cases.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Prevention of Money Laundering Act (PMLA), 2002
2. Section 45 of the PMLA
3. Legal Challenges to the Twin Test
4. Current Position

Prevention of Money Laundering Act (PMLA), 2002

• According to the Prevention of Money Laundering Act (PMLA) 2002, Money laundering is concealing or disguising the identity of illegally obtained proceeds so that they appear to have originated from legitimate sources.
  •  It is frequently a component of other, much more serious, crimes such as drug trafficking, robbery or extortion.
• Money laundering is punishable with rigorous imprisonment for a minimum of 3 years and a maximum of 7 years and Fine under the PMLA.
• The Enforcement Directorate (ED) is responsible for investigating offences under the PMLA.
• The Financial Intelligence Unit – India (FIU-IND) is the national agency that receives, processes, analyses and disseminates information related to suspect financial transactions.
• After hearing the application, a special court (designated under the Prevention of Money Laundering Act PMLA, 2002) may declare an individual as a fugitive economic offender and also confiscate properties which are proceeds of crime, Benami properties and any other property, in India or abroad.
• The authorities under the PMLA, 2002 will exercise powers given to them under the Fugitive Economic Offenders Act.
  • These powers will be similar to those of a civil court, including the search of persons in possession of records or proceeds of crime, the search of premises on the belief that a person is an FEO and seizure of documents.

Section 45 of the PMLA

• Overview:
  • Section 45 of the Prevention of Money Laundering Act (PMLA) sets stringent conditions for granting bail.
  • Bail cannot be granted unless:
    • The Public Prosecutor is given a chance to oppose the bail application.
    • The court, upon opposition, is convinced that:
      • The accused is not guilty of the offence.
      • The accused is unlikely to commit any offence while on bail.
• Conditions for Bail:
  • The accused must prove prima facie innocence in court.
  • The accused must convince the judge that no offence will be committed while on bail.
  • The burden of proof lies heavily on the accused, making it difficult to secure bail under the PMLA.
• Analysis:
  • The language of Section 45 indicates that bail is an exception, not the rule.
  • It mandates that the Public Prosecutor be heard in all bail applications, enforcing a twin test.
  • Similar stringent provisions exist in other laws dealing with serious offences:
    • Section 36AC of The Drugs and Cosmetics Act, 1940.
    • Section 37 of The Narcotic Drugs and Psychotropic Substances Act, 1985.
    • Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967.

Legal Challenges to the Twin Test

• Initial Challenge:
  • The first major challenge to the twin test’s constitutionality under the PMLA came in the 2017 case Nikesh Tarachand Shah v Union of India.
  • A two-judge Bench struck down the twin bail provision, declaring it unconstitutional for failing the ‘reasonable classification’ test.
• Reintroduction and Further Challenges:
  • Despite the ruling, Parliament reinstated the twin test provisions through the Finance Act, 2018.
  • This move led to further legal challenges in various High Courts, culminating in a batch of petitions before the Supreme Court.
• Supreme Court Ruling (2022):
  • In 2022, the Supreme Court revisited the issue in Vijay Madanlal Choudhary v Union of India.
  • Petitioners argued that the reasoning in the Nikesh Tarachand Shah case still held, even with the law’s reinstatement by Parliament.
  • However, a three-judge Bench rejected the earlier ruling, emphasizing the seriousness of money-laundering and its threat to national sovereignty and integrity.
• Criticisms from Legal Experts:
  • Legal experts have criticized equating money laundering with stringent anti-terror and narcotics laws.
  • They pointed out that the maximum sentence for money laundering is seven years, or ten years if narcotics are involved.
• Government’s Stance:
  • The government argued that money launderers are often influential, intelligent, and resourceful.
  • The premeditated nature of the crime makes it challenging for investigators to detect and trace evidence.
  • The government defended the strict bail conditions, highlighting the advanced technology used to conceal transactions.

Current Position

• Money Bill Route:
  • A significant challenge to the amendment on bail in the Vijay Madanlal Choudhary ruling concerns whether these amendments can pass through the Money Bill route.
  • A larger Bench of the Supreme Court is set to review if laws like the Aadhaar Act and service conditions for Tribunal members can be passed this way, though the Bench is yet to be constituted.
• Supreme Court Review:
  • The Supreme Court has agreed to review its ruling in the Vijay Madanlal Choudhary case, but the decision remains valid as no stay has been issued.
  • The ruling requires strict application of the twin test by all courts, including special and constitutional courts, for both regular and anticipatory bail.
• Eligibility for Bail under Section 436A (CrPC):
  • Despite the ruling, an accused can still be eligible for bail under Section 436A of the Code of Criminal Procedure (CrPC).
  • This provision allows for the release of those who have served half of their maximum sentence.
  • For instance, in money laundering cases with a seven-year sentence, an accused can seek bail after three-and-a-half years, regardless of the twin test.

-Source: The Hindu

Official Visit of Bangladesh’s Prime Minister to India

Context:

Bangladesh’s Prime Minister Sheikh Hasina was on a two-day official visit to India. During her visit, she held bilateral talks with Prime Minister Narendra Modi in New Delhi.

Relevance:

GS II: International Relations

Dimensions of the Article:

1. Background Information
2. News Overview
3. Highlights from the Bilateral Meeting

Background Information

• Event: On June 21-22, 2024, Prime Minister Sheikh Hasina of Bangladesh visited India at the invitation of Prime Minister Narendra Modi.
• Purpose: The visit focused on strengthening the historical, cultural, linguistic, and economic ties between India and Bangladesh.
• Historical Context: The relationship between the two countries has flourished over the last decade, driven by shared history and mutual aspirations for the 21st century.

News Overview

• Economic Partnership Agreement: Both nations agreed to initiate negotiations on a Comprehensive Economic Partnership Agreement (CEPA).
• Trade Relations: Bangladesh is India’s largest trade partner in South Asia, while India is the second largest trade partner for Bangladesh in Asia.
• Export Data: In FY 2022-23, Bangladesh exported goods worth approximately $2 billion to India.
• Future Discussions: The talks are expected to explore balanced trade and new investment opportunities.
• Significance: This marks the first state visit by a foreign leader after the new Indian government took office following the Lok Sabha elections.

Highlights from the Bilateral Meeting

Shared Vision

• Themes: The leaders presented a vision for peace, prosperity, and development, emphasizing connectivity, commerce, and collaboration.
• Future-Oriented Partnership: Emphasis was placed on aligning with “Viksit Bharat 2047” and “Smart Bangladesh Vision 2041”.

Economic and Trade Initiatives

• Geographical Proximity: Plans to utilize geographical closeness for economic benefits through multi-modal transport and cross-border trade.
• Transit Facilities: India will provide transit facilities for Bangladeshi goods to Nepal and Bhutan, and implement the BBIN Motor Vehicle Agreement.
• Electricity Trade: Focus on intra-regional electricity trade, including clean energy from India, Nepal, and Bhutan, and building high-capacity grid interconnections.

Technological and Environmental Collaboration

• Digital and Green Technologies: Joint efforts to promote economic growth, sustainable development, and the launch of a small satellite for Bangladesh.
• Water Sharing Agreements: Renewing the Ganges Water Sharing Treaty and managing the Teesta River.

Defence and Development Cooperation

• Military Engagements: Strengthening defence ties through industrial cooperation and multi-faceted military engagements to modernize the Bangladesh Armed Forces.
• Civil Services Development: Capacity building for civil services, judicial officers, police, and specialized services.

Cultural and Educational Exchange

• Scholar and Student Exchanges: Programs to support Muktijoddhas and their families with medical and educational initiatives.
• e-Medical Visa: Extending e-Medical Visa facilities to Bangladeshi citizens and opening an Assistant High Commission in Rangpur.

Economic and Social Initiatives

• Trade and Investment: Strengthening trade and investment links, including early negotiations for CEPA and Special Economic Zones in Bangladesh.
• Essential Commodities: India will support Bangladesh with essential commodities, depending on availability.
• Youth and Innovation: Partnerships in education, skills development, technology, sports, and creative industries to meet the aspirations of young people.

Regional and Global Cooperation

• Indo-Pacific Region: Commitment to a free, open, inclusive, and secure Indo-Pacific, co-leading the ‘Disaster Risk Reduction and Management’ pillar of the Indo-Pacific Oceans Initiative (IPOI).
• Regional Integration: Strengthening India-Bangladesh relations as a key element for regional integration under BIMSTEC, SAARC, and IORA, and promoting common interests on global platforms, particularly for the Global South.

-Source: Indian Express

Sensorineural Deafness

Context:

Recently, bollywood playback singer Alka Yagnik has been diagnosed with Sensorineural deafness.

Relevance:

Facts for Prelims

Understanding Sensorineural Deafness

Definition and Causes

• Sensorineural deafness is a type of hearing loss resulting from damage to the inner ear or the nerve pathways that relay sound from the ear to the brain.
• Although it is often a natural part of aging (sensorineural hearing loss or SNHL), exposure to very loud music can also cause permanent damage to the inner ear or auditory nerve.
• Within the inner ear, the cochlea—a spiral-shaped organ—contains tiny hairs called stereocilia. These hairs convert sound wave vibrations into neural signals, which are then transmitted to the brain by the auditory nerve.

Causes of Sensorineural Deafness

• Congenital Factors: Genetic predispositions or complications during pregnancy or childbirth.
• Noise Exposure: Prolonged exposure to loud noises can damage the inner ear hair cells, leading to noise-induced hearing loss.
• Aging: The natural aging process can damage or destroy hair cells in the inner ear.
• Infections and Diseases: Conditions like meningitis, mumps, measles, and autoimmune diseases such as Meniere’s disease.
• Trauma: Injuries to the head or inner ear trauma.
• Ototoxic Medications: Certain antibiotics and chemotherapy drugs can damage the inner ear.

Symptoms

• Difficulty understanding speech.
• Muffled or distorted sounds.
• Ringing, buzzing, or hissing in the ears.
• Difficulty hearing high-pitched sounds.
• Balance issues.

-Source: India Today

Study on Methane Release from Nord Stream Pipelines

Context:

Researchers from the University of Gothenburg have found that a significant portion of the methane gas released from the ruptured Nord Stream pipelines in the Baltic Sea last September never reached the atmosphere.

Relevance:

GS III: Environment and Ecology

Dimensions of the Article:

1. Methane Overview
2. Key Facts about the Baltic Sea

Methane Overview

Primary Component and Impact

• Methane is the main component of natural gas and contributes significantly to global warming, accounting for about one-third of the warming we experience today.

Characteristics

• Methane is a colorless and odorless gas, which is flammable and insoluble in water.
• Also known as marsh gas or methyl hydride.
• Easily ignites, and its vapors, being lighter than air, can cause containers to rupture violently and rocket when exposed to prolonged fire or intense heat.
• Methane is a potent but short-lived greenhouse gas, with a lifetime of about a decade and a Global Warming Potential (GWP) about 80 times greater than that of carbon dioxide (CO2) over a 20-year period after its release into the atmosphere.

Sources

• Major sources of methane include agriculture, fossil fuels, and the decomposition of landfill waste.

Impacts

• Methane emissions harm human and ecosystem health.
• They lead to ground-level ozone pollution, causing approximately a million premature deaths annually worldwide, reducing crop productivity, and damaging ecosystems.

Key Facts about the Baltic Sea

Location and Geography

• The Baltic Sea is a semi-enclosed inland sea situated in Northern Europe.
• It extends from the North Atlantic Ocean, stretching northward from the southern latitude of Denmark almost to the Arctic Circle, separating the Scandinavian Peninsula from the rest of continental Europe.

Countries Sharing the Coastline

• The coastline of the Baltic Sea is shared by Sweden, Poland, Lithuania, Latvia, Finland, Estonia, Germany, Denmark, and Russia.

Connections

• The Baltic Sea connects to the White Sea via the White Sea Canal and to the North Sea’s German Bight via the Kiel Canal.
• It connects to the Atlantic Ocean through the Danish Straits.

Gulfs

• It includes three major gulfs: the Gulf of Bothnia to the north, the Gulf of Finland to the east, and the Gulf of Riga slightly to the south.

-Source: India Today

State of Global Air (SoGA) Report

Context:

Air pollution is having an increasing impact on human health, becoming the second leading global risk factor for death, according to the fifth edition of the State of Global Air (SoGA) report.

Relevance:

Facts for Prelims

State of Global Air (SoGA) Report Overview

Releasing Organization

• The State of Global Air (SoGA) Report is published by the Health Effects Institute (HEI), a U.S.-based independent nonprofit research organization, in collaboration with UNICEF.

Purpose and Scope

• The report analyzes air quality data and its health impacts globally, defining air pollution as a complex mix of particles and gases with varying sources and compositions over time and space.

Key Findings from the 2024 Report

• Global Risk Factor
  • Air pollution is the second-leading global risk factor for death, overtaking tobacco and diabetes, but still trailing hypertension.
• Disease Burden
  • Non-communicable diseases such as heart disease, stroke, diabetes, lung cancer, and chronic obstructive pulmonary disease (COPD) account for nearly 90% of the disease burden from air pollution.
• PM2.5 Impact
  • Six out of ten deaths attributed to air pollution are due to the tiny PM2.5 particles. Ozone and household air pollution account for 38% and 6% of deaths, respectively.
• Global Mortality
  • Air pollution-related diseases caused 8.1 million deaths worldwide in 2021, with India responsible for one in four of these deaths.
• Regional Impact
  • India and China together represented 54% of the global disease burden due to air pollution in 2021. India accounted for 21 lakh (2.1 million) deaths, and China for 23 lakh (2.3 million) deaths.
• Child Mortality
  • Over 700,000 deaths in children under five years were linked to air pollution, representing 15% of all global deaths in this age group.
  • Lower respiratory infections (LRIs) are the leading cause of death among children under five.
  • India recorded the highest number of deaths among children under five due to air pollution worldwide in 2021, with 169,400 deaths, meaning around 464 children died every day in India that year due to air pollution-related diseases.
• Ozone-related COPD Deaths
  • In 2021, nearly 50% (237,000) of all ozone-related COPD deaths occurred in India, followed by China with 125,600 deaths, and Bangladesh with 15,000 deaths.

-Source: India Today