17 August 2023 : The Hindu Editorial Notes PDF
The Hindu Editorial
17-August-2023
Daily Current Affairs For UPSC ,The Hindu Editorial Summary
1. New Bills and a principled course for criminal law reforms
Topic: GS2 – Indian polity
Context:
- The recent introduction of three Bills to reform India’s criminal laws has ignited a spectrum of reactions.
- Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Bill replacing IPC, CrPC, and Indian Evidence Act.
- The Bills hold the potential to shape the future landscape of criminal law.
- The task of testing their sustainability, efficacy, adherence to rule of law, and justice delivery capacity, becomes paramount.
Key Takeaways:
- The Bills exhibit several moderate modifications, including linguistic adjustments for gender inclusivity and replacement of outdated terms such as ‘insanity’ with ‘mental illness’.
- There is also a measured reconfiguration in the punitive degrees for minor and serious offences.
- The integration of ICT applications with the criminal justice process is noteworthy.
- Innovations such as trial in absentia and the introduction of community service are commendable.
- The exclusion of attempted suicide and adultery aligns the the Supreme Court of India’s decisions.
- Notably, the offence of sedition has been judiciously removed to prevent misuse, facilitated by introducing a test for criminal intent.
- Newly created offences such as terrorism, organised crime, mob lynching, and negligent acts adds novel dimensions.
Key Concerns:
- The Bills do not go far enough in addressing the deep-seated challenges besieging India’s criminal justice system.
- The Bills also mark an abundance of missed opportunities.
- There is a need to ensure that the fundamental tenets of criminal jurisprudence are being upheld throughout this process.
- The reforms must adhere to a principled foundation of criminal laws.
- The reforms must strike a delicate equilibrium between state security imperatives and individual freedoms.
- The reforms must be efficient in curtailing any potential misuse by law enforcement agencies.
- The reforms must be equitable and ensure that everyone has equal access to justice.
- The reforms must be aligned with the criminal justice system’s capacity to implement them effectively.
- The reforms must be effective in improving the status of the vulnerable, the victims and the poor.
Conclusion:
- The Bills are a step in the right direction, but they need to be improved further.
- The select committee should allow greater engagement to improve the drafts in terms of both language and substance.
- The space must be utilised to accommodate greater provisions concerning victims’ rights and participation, hate crime, bail, sentencing framework and legal aid.
- The envisioned criminal law reforms must be made in a manner that fosters the rule of law and fortifies the pursuit of justice for aeons to come.
Model question: Â The recent introduction of three Bills to reform India’s criminal laws has ignited a spectrum of reactions. Discuss the key challenges and opportunities in reforming India’s criminal laws.
2. Haphazard development is increasing the impact of weather events.
Topic: GS3 – climate change and adaptive measures.
Context:
- El Niño year was expected to bring sparse monsoon to north India.
- However, the pendulum has swung the other way and north India received record rainfall in July.
- This was due to a surfeit of Western Disturbances (WD).
- WD are tropical storms that originate in the Mediterranean region and normally bring winter rainfall to north India.
- However, this year, WD were erratic and caused floods in Himachal Pradesh and Uttarakhand.
Impact of changes in western disturbances (WD):
- WD are becoming more erratic due to a warming Arctic.
- This causes the polar jet stream, which carries moisture, to deviate from its regular path and bring the disturbances to north India during the monsoon.
- This can lead to extreme weather events such as floods and landslides.
Impact of construction in Himalayas:
- The ongoing Char Dham road building project has led to large-scale altering of the mountains.
- This has made the mountains vulnerable to upheaval.
- Ill-thought construction and haphazard building practices have magnified the risk to residents who live in these regions.
Way forward:
- State governments should give more serious thought to the nature of infrastructure development in the Himalayas.
- Restrictions may need to be imposed in the larger interest of minimising hazards and maintaining stability.
Conclusion:
- The recent floods in Himachal Pradesh and Uttarakhand are a wake-up call for India.
- We need to take climate change seriously and adapt our infrastructure and development plans accordingly.
- We also need to be more careful about construction in the Himalayas, which is a fragile ecosystem.
Model question: Â The recent floods in Himachal Pradesh and Uttarakhand have been attributed to climate change and the impact of infrastructure development in the Himalayas. Discuss the challenges and opportunities in balancing these two factors.
3. Addressing housing shortage in urban areas requires urgent, concerted efforts
Topic: GS2 – Government initiatives.
Context:
- Prime Minister Narendra Modi announces a new scheme to aid urban poor in building houses.
- Previous stance suggested no new housing scheme after extension of Pradhan Mantri Awas Yojana-Urban (PMAY-U) till Dec 2024.
- Despite PMAY-U’s eight-year tenure, only about two-thirds of sanctioned houses (76.25 lakh out of 1.19 crore) completed or handed over.
Issues with urban housing in India:
- Shortage of affordable housing in urban areas.
- Rapid urbanization and population growth.
- High land prices and limited space for expansion.
- Inadequate infrastructure and basic amenities.
- Informal settlements and slums.
- Lack of proper urban planning and regulations.
- Insufficient access to financing for low-income individuals.
- Poor construction quality and unoccupied houses.
- Challenges in securing tenure and property rights.
Way forward:
- Implement comprehensive and flexible housing schemes.
- Focus on inclusive urban planning and smart city development.
- Promote public-private partnerships for housing projects.
- Provide financial incentives for developers to build affordable housing.
- Streamline land acquisition and approval processes.
- Invest in infrastructure development alongside housing projects.
- Promote sustainable and eco-friendly housing solutions.
- Monitor and evaluate the effectiveness of housing programs regularly.
- Parliamentary committee report suggests flexibility in assistance across regions based on topography and other factors.
Government initiatives taken in this regard:
- Pradhan Mantri Awas Yojana (PMAY): A flagship scheme aimed at providing affordable housing to all by 2022.
- Affordable Rental Housing Complexes (ARHC) scheme: Providing affordable rental housing for urban migrants and poor.
- Smart Cities Mission: Developing cities with improved infrastructure and quality of life, including housing.
- AMRUT (Atal Mission for Rejuvenation and Urban Transformation): Focusing on basic infrastructure, including housing, in cities.
- Swachh Bharat Mission (Urban): Improving sanitation and living conditions in urban areas, indirectly impacting housing.
- Housing for All: A component of PMAY targeting affordable housing for all urban households.
Model question: Discuss the key government initiatives aimed at addressing the challenges of urban housing in India. Suggest potential areas of improvement for a more comprehensive urban housing policy.
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