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TOPIC : GS 2

What is the news?

  • Recently, while hearing an application filed by the People’s Union for Civil Liberties (PUCL), the SupremeCourt expressed shock
  • Despiteits declaration of Section 66A of theInformation Technology (IT) Act,2000 as being unconstitutional sixyears ago Shreya Singhal vs. Unionof India, criminal cases are still being registered by the police underthis Section.

Evidentiary Documents

  • The PUCL said that 1,307cases had been registered since 2015across States and therefore the Courtmust issue guidelines against the registering of FIRs by the police underthis head.

Fundamental Rights v/s Laws

  • In 2015, the Supreme Court haddeclared Section 66A of the IT Act,which made online posting of information considered as “grossly offensive”
  • It is a crime punishable by jail, asbeing violative of Article 19(1)(a) ofthe Constitution and not saved underthe ambit of reasonable restrictionsdefined in Article 19(2).
  • It had alsosaid that the expressions used in Section 66A were open-ended, undefined and therefore arbitrary.
  • In 1983, the Court had struckdown Section 303 of the Indian PenalCode (IPC), which provided capitalpunishment for murder by a personserving a life term in another case, asbeing unconstitutional
  • In Mithu v.State of Punjab, it held that the punishment was not based on rationalprinciple as no judicial discretionwas available to a life convict.

Case laws

  • In 2018Navtej Singh Johar v. Union of India, the Court read down Section377 of the IPC criminalizing “unnatural sex” as being

 

 

 

  • Similarly, in Joseph Shine v. Union ofIndia (2018), the Court held adultery as defined under Section 497 of theIPC as being manifestly arbitrary, discriminatory and violative of the dignity of a woman and therefore,unconstitutional

Better Convergence in Governance

  • The best way to avoid registration ofoffences under sections held unconstitutional is to educate police officers of all ranks about such provisionsin basic training institutes.
  • As the Attorney General of India, K.K.Venugopal, had suggested, therecould be a mention in brackets nearthe provision that the provision hasbeen struck down, so that FIRs arenot registered under those sections.
  • Unconstitutional sections ofthe IPC can be disabled in the Crimeand Criminal Tracking Network andSystems (CCTNS).
  • Most States register FIRs in the CCTNS either on a realtime basis or in offline mode and synchronise this data with the State DataCentre as soon as connectivity is restored.
  • In case police stations don’thave connectivity, the data (i.e., FIRin electronic format) are taken to thenearest police station that has connectivity and uploaded.
  • The CCTNScame in handy when the SupremeCourt directed the States in 2016 toupload FIRs on official websites within 24 to 72 hours of registration.
  • InChhattisgarh, have disabled theseSections in the system. Other Statescould follow suit.

Way Forward

The police must ensure that no FIRis registered under unconstitutionalsections and no one is harassed forthe negligent actions of SHOs

Mains Question

What are the Several steps can be taken by government  to ensure that peoplenot booked under laws held unconstitutional ?

 

 

 

Sources :https://www.thehindu.com/opinion/op-ed/disable-unconstitutional-sections/article35309107.ece

PRELIMS PUNCHERS

  1. A ‘two plus two dialogue’

It  is a term  adopted in foreign parleys used for installation of a dialogue mechanism between two countries’ defence and external affairs ministries. To put it simply, ‘two plus two dialogues’ is an expression used to indicate that two appointed ministers from each country, the ministers of defence and external affairs in this case, will meet up to discuss the two countries’ strategic and security interests. The goal is to establish a diplomatic, yet fruitful, conversation between the two countries’ respective heads of defence and external affairs.Japan is known to draw from the format ‘two plus two dialogue’ has to offer for years now.

India, Russia to hold 2+2 ministerial dialogue ahead of summit meeting.India and the USA have concluded the 3rd India-USA 2+2 dialogue in New Delhi.India  holds such talks with Australia, Japan and the USA.

Sources :https://www.thehindu.com/news/national/india-russia-to-hold-22-ministerial-dialogue-ahead-of-summit-meeting/article35321094.ece

  1. Keeladi

Located south-east to the present-day Madurai,Tamil Nadu. It is on the banks of River Vaigai. Excavations is conducted by Tamil Naduarchaeology department.

Discoveries

  • Pottery with Tamil Brahmi inscriptions, goldcoins, beads, iron tools, jewelry and charcoal.
  • Urban civilization existed in Tamil Nadu.
  • Recovered artefacts could be dated -6th centuryBCE and 1st centurySecond urbanization happened in Vaigai plains ofTamil Nadu around 6th century BCE.

First urbanization -Indus Valley Civilization. Many potteries with Tamil Brahmi inscriptionswere recovered. Attained literacy or learned the artof writing as early as 6th century BCE. Recovered skeletal fragments of cow/ox, buffalo,sheep, goat and wild boar – agrarian societyexisted in Keeladi. Recovered materials associated with thetraditional weaving -spindle whorls and copperneedle excavated from this place.Remains of long walls, well-laid floors and rooftiles – high standard of living.

Sources :https://timesofindia.indiatimes.com/city/chennai/keeladi-excavations-one-more-potsherd-with-name-inscribed-on-it-unearthed/articleshow/83461603.cms

  1. Cassini spacecraft

It is the Mission to Saturn – ambitious planetary explorationmissions ever organised. It was Launched in the year 1997.Cooperation between NASA, the European Space Agencyand the Italian Space Agency. It is the Unmanned spacecraft – fourth space probe to visitSaturn and the first to enter Saturn’s orbit

It’s design includes a Saturn orbiter and a landerfor the moon Titan.9 Lander named Huygens landed on Titan in2005.The main objective is to thoroughly study the Saturnsystem . The study includes the study on Saturn, its ring system,the magnetosphere, the icy moons and Titan.The main  Mission aims to determine the composition ofthe satellite surfaces and the geologicalhistory of each object around Saturn.Cassini spacecraft confirmed that portionsof the moon are geologically active.Study published in the journal NatureAstronomy as analyzed data collected by Cassinithat there might be microbial activity inEnceladus

Sources :https://www.thehindu.com/sci-tech/science/cassini-nasas-eye-on-saturn/article17814157.ece

  1. National Commission for Backward Classes

It is a constitutional body 123rd constitutional amendment bill 2017 and 102nd amendment 2018 in constitution to make it constitutional body. Article 338B of the Indian Constitution under India’s Ministry of Social Justice and Empowerment established on 14 August 1993. It was constituted pursuant to the provisions of the National Commission for Backward Classes Act, 1993

The commission was the outcome of Indra Sawhney & Others v. Union of India.According to Article 338B.  Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.  The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.  The Commission shall have the power to regulate its own procedure.

Sources:  https://www.thehindu.com/opinion/op-ed/a-solution-in-search-of-a-problem/article18230098.ece

PRELIMS QUESTIONS

  1. ` Consider the following statement regarding Keeladi
  2. It is on the banks of River Kaveri in Tamil Nadu
  3. Pottery with Sanskrit- Brahmi inscriptions, gold coins, beads, iron tools, jewelry and charcoal

Select the correct statement from the above

  1. A only
  2. B only
  3. Both the statement
  4. None of the above

Answer: D

Located south-east to the present-day Madurai, Tamil Nadu. It is on the banks of River Vaigai. Excavations is conducted by Tamil Naduarchaeology department.

Discoveries

  • Pottery with Tamil Brahmi inscriptions, gold coins, beads, iron tools, jewelry and charcoal.
  • Urban civilization existed in Tamil Nadu.
  • Recovered artefacts could be dated -6th centuryBCE and 1st centurySecond urbanization happened in Vaigai plains of Tamil Nadu around 6th century BCE.

First urbanization -Indus Valley Civilization. Many potteries with Tamil Brahmi inscriptionswere recovered. Attained literacy or learned the art of writing as early as 6th century BCE. Recovered skeletal fragments of cow/ox, buffalo,sheep, goat and wild boar – agrarian society existed in Keeladi. Recovered materials associated with thetraditional weaving -spindle whorls and copper needle excavated from this place. Remains of long walls, well-laid floors and rooftiles – high standard of living.

  1. Cassini spacecraft is the for which of the statement is correct
  2. It is the Mission to Saturn – ambitious planetary exploration
  3. Cooperation between NASA, the European Space Agency and the ISRO

Select the correct statement from the above

  1. A only
  2. B only
  3. Both the statement
  4. None of the above

Answer : A

It is the Mission to Saturn – ambitious planetary explorationmissions ever organised. It was Launched in the year 1997.Cooperation between NASA, the European Space Agency and the Italian Space Agency. It is the Unmanned spacecraft – fourth space probe to visitSaturn and the first to enter Saturn’s orbit

It’s design includes a Saturn orbiter and a landerfor the moon Titan.9 Lander named Huygens landed on Titan in 2005.The main objective is to thoroughly study the Saturnsystem . The study includes the study on Saturn, its ring system, the magnetosphere, the icy moons and Titan.The main  Mission aims to determine the composition ofthe satellite surfaces and the geologicalhistory of each object around Saturn.Cassini spacecraft confirmed that portions of the moon are geologically active.Study published in the journal NatureAstronomy as analyzed data collected by Cassinithat there might be microbial activity inEnceladus