22 July 2023 : The Hindu Editorial Analysis Notes PDF
The Hindu Editorial
- The Hindu Editorial Summary 22 July 2023 | Daily Current Affairs UPSC
1. An Internet ban will not restore peace in Manipur.
Topic: GS3 – Internet shut downs.
Context:
- Violence erupted in Manipur on May 3, 2023, but the rest of India seemed indifferent until July 19 when a video of sexual violence by a mob went viral on social media.
- The Prime Minister of India remained silent for 78 days before addressing the situation.
- An Internet shutdown has been in place in Manipur during this period, which raises questions about its propriety and its role in contributing to national apathy towards the ongoing violence.
Blanket order – no supportive data:
- The Internet shutdown in Manipur, which began on May 3, affects the entire state and is a blanket prohibition, impacting all web traffic and mediums of connectivity.
- The orders issued by the Commissioner (Home) of Manipur use vague language to justify the shutdown, claiming it is to stop the spread of disinformation and false rumors by anti-national and anti-social elements.
- Lack of evidence: There is an absence of specific instances where violence has been prevented due to the Internet shutdown, raising questions about its effectiveness and necessity.
- Challenges faced by citizens: Reports during this period highlight the hardships faced by the people of Manipur, including students running out of money and residents being unable to apply for evacuation to relief camps.
- The Supreme Court verdict: The Supreme Court’s decision in Anuradha Bhasin vs Union of India did not result in the restoration of Internet access, but it required State/competent authorities to review all orders suspending Internet services.
The judiciary’s role:
- The High Court of Manipur issued an order on July 7, directing provisional access for leased lines and wired line services with certain restrictions, but there are no clear definitions for terms like “social media” or a clear examination of the prohibition for Internet usage primarily through smartphones.
- As a result, the ban on Internet access continues in Manipur despite the High Court’s order.
- Supreme Court’s hesitancy: The Supreme Court has avoided adjudicating on the issue, despite having two opportunities to do so, when a petitioner challenged the Internet shutdown and when the State government itself appealed the High Court’s order for partial restoration.
Manipur government’s stand:
- The Manipur government argued that the shutdowns were necessary to block websites with inflammatory material.
- The situation in Manipur could be effectively addressed by restoring stakeholder confidence, engaging civil society actors, isolating extremists, and pursuing a step-by-step approach towards peace and normalcy.
- The continuation of the Internet shutdown, which has been in place for over a month and a half, is not justified given the circumstances and must come to an end.
Supreme Court verdict on internet shutdowns:
- The Supreme Court, in the case of Anuradha Bhasin vs Union of India (2020), held that indefinite suspension of Internet services contravenes the law and violates fundamental rights.
Implications with internet shutdowns:
- Freedom of speech and expression: Internet shutdowns curtail the right to freedom of speech and expression, limiting the flow of information and impeding individuals’ ability to express their opinions and engage in online discussions.
- Access to information: Internet shutdowns restrict access to vital information, including news, educational resources, healthcare information, and government services.
- Economic impact: Internet shutdowns disrupt economic activities, particularly online businesses, e-commerce, and digital services.
- Social and cultural isolation: Lack of internet connectivity cuts people off from social media platforms, communication apps, and online communities.
- Education and learning: Internet shutdowns disrupt online education platforms, e-learning initiatives, and access to educational resources.
- Human rights and activism: Internet shutdowns hinder the ability of human rights activists, journalists, and civil society organizations to communicate, document abuses, and advocate for social justice.
- Emergency services and public safety: Internet shutdowns can impede access to emergency services, disrupt communication between emergency responders, and hinder dissemination of critical information during times of crisis or natural disasters.
Model question: Discuss the impact and implications of internet shutdowns on society and governance in India. Examine the reasons behind the increasing instances of internet shutdowns and suggest measures to strike a balance between national security concerns and safeguarding citizens’ rights.
2. Bail should not be denied merely because police object to it strongly
Topic: GS2.
Context:
- Supreme Court of India granted regular bail to activist Teesta Setalvad, rejecting the Gujarat police’s stand to deny bail based on the gravity of the alleged offence.
- The case against Setalvad depends mainly on documentary evidence, which is already part of the charge sheet.
- Setalvad had already undergone custodial interrogation during police remand, and there was no need for her to be in judicial custody during the trial.
- The Court questioned the Gujarat police’s swift arrest of Setalvad after a riot victim’s plea was rejected by the Supreme Court, asking about the justification for such hasty action.
What is bail?
- Bail is the temporary release of a person arrested or charged with a crime until their trial.
- It allows the accused to be free by providing a financial guarantee to return for trial.
- Bail is granted based on factors like the seriousness of the crime and the risk of flight. It ensures individuals aren’t held in custody for extended periods before trial. However, bail may be denied in serious cases or if the accused is considered a flight risk or threat to society.
Circumstances under which bail can be granted:
Under Indian law, bail can be granted under certain circumstances, primarily governed by the provisions of the Code of Criminal Procedure (CrPC). Bail can be granted:
- Bailable Offenses: Bail can be granted immediately upon arrest for offenses classified as bailable under the law.
- Non-Bailable Offenses: Bail can be granted for non-bailable offenses if specific conditions are met, such as incomplete investigation within a certain period, failure to submit charge sheet on time, reasonable grounds for innocence, or valid medical reasons.
- Anticipatory Bail: Pre-arrest bail can be sought to prevent apprehended arrest in non-bailable offenses.
- Bail in Special Laws: Some laws have specific provisions for granting bail, and courts consider those provisions.
- Bail during Trial: Bail can be granted during the trial if the court is satisfied that the accused will cooperate and attend court proceedings.
- Discretion of Court: Bail is granted at the discretion of the court, considering factors like offense seriousness, evidence, criminal record, and risk of absconding or tampering with evidence.
Model question:
What are the circumstances under which bail can be granted as per Indian law, and how does the bail system impact the administration of justice in the country?
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