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For equal treatment: On upholding rights of the disabled

Mains Paper 2: Governance 
Prelims level: Rights of the persons with disabilities Act 2016
Mains level: Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections

Context: 

• Supreme Court held that people suffering from disability are entitled to the same benefits and relaxations as candidates belonging to the Scheduled Castes. 
• Supreme Court has recognised the travailsof the disabled in accessing education or employment, regardless of their social status. 
•  Rights of the persons with disabilities Act 2016:
• Even though drawn from all sections of society, those suffering from the several categories of disability recognised by law have always been an under-privileged and under-represented section, a fact noticed in official studies in the past. 
• SC ruled that the Delhi High Court had correctly decided in 2012 that “people suffering from disabilities are also socially backward, and are therefore, at the very least, entitled to the same benefits as given to the SC/ST candidates”. 
• Therefore, it took the view that when SC/ST candidates get a relaxation of a certain percentage of marks to qualify for admission, the same relaxation shall apply to disabled candidates too. 
• In the 2012 case before the High Court, a university had allowed a 10% concession in the minimum eligibility requirement for SC/ST candidates, and 5% concession for disabled applicants. 
• The High Court ruled against this differential treatment, terming it discriminatory. 
• The larger principle behind this was that without imparting proper education to those suffering from disabilities, “there cannot be any meaningful enforcement of their rights”.
• It can only be more applicable, now that a fresh law that aims for a greater transformative effect, the Rights of Persons with Disabilities Act, 2016, is in place.

 Counterpoint:

• A counterpoint to the idea of eliminatingthe distinction between the disabled and the SC and ST may arise. 
• Questions can be raised to equate physical or mental disability with the social disability and experience of untouchability suffered by marginalisedsections for centuries. 
• For instance, the social background of disabled persons from a traditionally privileged community may gave them an advantage over those suffering from historical social disability. However, this may not always be the case. 
• The Delhi High Court had cited the abysmallylow literacy and employment rates among persons with disabilities. 
• Educational indicators captured in the 2001 Census showed that illiteracy among the disabled was much higher than the general population figure. 
• The share of disabled children out of school was quite higher than other major social categories. 
• The 2001 Census put the illiteracy rate among the disabled at 51%. 
• There was similar evidence of their inadequate representation in employment too. 
• The 2016 law sought to address this by raising the quota for the disabled from 3% to 5% and envisaging incentives for the private sector to hire them too. 

Conclusion:

• It is vital that this is fully given effect to so that this significant segment of the population is not left out of social and economic advancement.

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Prelims Questions:

Q.1). With reference to the Labour laws, consider the following statements:

1. UP has suspended the application of almost all labour laws in the state for the next three years including the Minimum Wages Act.
2. The subject of ‘Labour’ falls in the State list.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: 

Testing times: On university exams

Mains Paper 2:National 
Prelims level: University Grants Commission
Mains level: - Issues relating to development and management of Social Sector/Services relating to Education

Context: 

• The Centre’s insistence, based on new University Grants Commission (UGC) guidelines, that final year examinations in all universities and institutions be held is a needless complication in the national pandemic response. 
• To expect large numbers of students to take a pen-and-paper test, or an online examination, or a combination of the two, as suggested by the UGC, is counterproductive. 

Leaving it to local areas:

• There is growing concern worldwide that the coronavirus infection is not always mild among young people, and more importantly, youth with mild symptoms might pass it on to older family members who could become seriously ill. 
• The point, therefore, is not that the Centre is legally empowered to order the conduct of examinations by September-end, because higher education is in the concurrent list, but the likely harm that might follow. 
• Also, in the unlock phase, States have been empowered to add restrictions to the Home Ministry’s orders on public activity, taking the local situation into account. 
• Many large universities have shown commendable alacrityin devising alternatives to evaluate students in the present circumstances, including some academically rigorous technical universities. 
• They have done away with a final examination and chosen a formula that uses best past performance of students. 
• Given the incalculable risks involved, States such as Punjab, Maharashtra, Odisha, West Bengal and later Delhi decided against holding final year examinations.

Surge in cases:

• As the country with the third highest number of cases in the world — more than 1 million as of July 16 — the situation on COVID-19 in India is worrying. 
• Any move to ram through a final examination scheme could endangerlives. 
• The Centre must take its own advice, of restricting public movement and gatherings during the pandemic, seriously, and leave it to the States to determine the best course. 
• In its defence, the Department of Higher Education has gathered data to show that 454 out of 640 universities had either conducted examinations or planned to do so, and the rest should fall in line because of the legal position. 
• Such a hardline approach does not cohere with the imperative of a consensus pandemic response. 
• It is relevant to point out that in the most-affected nation, the U.S., major universities are placing health and safety first and academic enterprise next. 

 Conclusion:

• Any decision to reopen institutions and conduct examinations requires careful assessment of local conditions, and is best left to the States.

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Prelims Questions:

Q.1). With reference to the Essential Commodities Act, 1955, consider the following statements:

1. The Union Cabinet has approved an ordinance to amend The Essential Commodities Act, 1955, to deregulate commodities such as cereals, pulses, oilseeds, edible oils, onion and potatoes.
2. The ordinance has introduced a new subsection (1A) in Section 3 of the Act.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: C

A Force for the Future

Mains Paper 2:Governance 
Prelims level: 
Mains level: Important aspects of governance, transparency and accountability

Context: 

• The custodial deaths in Thoothukudi and the killing of eight policemen in an ambush in Uttar Pradesh has brought the country’s police force under scrutiny. The story of Vikas Dubey and his “encounter” killing almost sounds like a Bollywood film plot. 
• The police’s narrative — the car overturning, Dubey snatching the service pistol and attempting to run — does not seem convincing.

Resemblance to Colonial era: 

• The killing of George Floyd in Minneapolis led to a series of protests against police atrocities in the US, culminating into the Black Lives Matter campaign. 
• No such outrage has been felt in India. Some people justify police violence in Kashmir and the Northeast as the only solution to the insurgency.
• People, in fact, rarely object when they see policemen slapping people or asking them to do sit-ups.
• The maintenance of law and order is primarily the responsibility of the states — Delhi being an exception. 
• However, police departments are headed by an IPS officer providing the system an anchor at the Central level. 
• These officers are trained at the Lal Bahadur Shastri National Academy for Administration, Mussorie and Sardar Vallabhbhai Patel National Police Academy (NPA) at Hyderabad. 
• Lower-level officials and constables are trained at different state police academies. 
• There are also two police universities in the country and the home ministry has recently approved the creation of a national police university. 
• However, at the lower rungs, much of the force uses strong arm tactics that date back to the colonial era.

Lack of Proper Training: 

• One needs to be a graduate to become an IPS officer. But for recruitment at the lower levels of the force, only the physical agility of the candidate is tested. 
• An IPS officer is trained for about two years, an inspector-level officer receives an year’s training and a constable is trained for nine months. 
• The quality of training varies according to state. 
• But, by and large, officials at the lower rungs only receive basic training for field challenges — human rights issues are not an essential part of their training. 
• This is probably why a remark in dissent by Jeyaraj in Thoothukudi led to the gruesomepolice violence against him.
• While “depolicing society” is often discussed in the media and the issue often comes up in political rhetoric, conversations on its nature and scope lack academic rigour. 
• The Bureau for Police Research and Development was established in 1970 for the “modernisation” of police. 
• The institution has rarely engaged with human rights issues. 

Infrastructural and organisational issues:

• Only a few states have in-service training for lower level officers and the constabulary. 
• Police officials work 10 to 16 hours, seven days a week, which takes a toll on the health of several officers. 
• The “Status of Policing in India Report 2019” points out that 70 police stations across 20 states do not have wireless facilities and 214 police stations do not have a telephone. 
• More than 40 per cent of police stations in the country cannot avail the help of forensic technology. 
• All this is bound to affect the functioning of the police and reflect in the ways they engage with the public.
• It is high time that we address the infrastructural and organisational issues and concerns related to the police. 
• Moreover, there is a need to evolve a National Curriculum Framework (NCF) for police education and training, like that for teachers, and medical and engineering services. 
• The curriculum must be informed by discussions at different levels — universities, NPA and the society itself. 

Conclusion:

• A progressive and democratic society and an aspiring economic superpower cannot be policed by a regressivesystem. 
• An NCF can help the police act according to its motto, “With you, For you, Always”.

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Prelims Questions:

Q.1). With reference to the Aryabhatta Research Institute of Observational Sciences (ARIES), consider the following statements:

1. It is an autonomous body under the Department of Science and Technology (DST), Government of India.
2. It is situated at Manora Peak, in Nainital, Uttarakhand.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: C

Mains Questions:

Q.1). Highlights the recent incident associated with police personnel of the country. Why the phenomenon of high casualties among them? What are the concerns linked to it? What is the significance of National Curriculum Framework for police education and training?

Better laid plans

Mains Paper 3:Economy 
Prelims level: Compressive privatisation programme
Mains level: Indian Economy and issues relating to planning, mobilisation of resources, growth, development and employment

Context: 

• The slowdown in economic activities has taken an increasing tollon government finances. 
• The central government’s gross tax collections were down 37 per cent in May, after contracting by 44 per cent in April.
• While the pace of contraction in revenue collection appears to be slowing down, the Centre will face a huge shortfall in both direct and indirect tax collections this year. 
• With non-tax revenue also likely to be under pressure this year, revenue accruing from both dividends and telecom fee is unlikely to meet budget expectations. 
• Indications are that the government is exploring other options of raising resources, including the sale of its stakes in various public sector companies, are welcome.

Compressive privatisation programme:

• This year the government had originally budgeted for an ambitious disinvestment target of Rs 2.1 lakh crore, with the sale of stake in companies such as Air India and LIC on the agenda. 
• However, without proper preparation and planning, achieving this target in the current economic environment will be difficult.
• In the previous financial year as well, as opposed to an original target of Rs 1.05 lakh crore, later revised downwards to Rs 65,000 crore, disinvestment proceeds ended up at only Rs 50,304 crore. 
• In fact, proceeds from disinvestment have remained almost stagnant at 0.3 per cent of GDP over the past five years. 
• Achieving the ambitious target this year, and generating more revenue consistently, through this avenue, requires a comprehensive privatisation programme.

Privatisation:

• According to the broad contoursof the policy presented then, a list of strategic sectors would be notified, which require the presence of public sector enterprises. 
• The private sector would be allowed in these areas, but at least one enterprise would remain with the public sector. 
• In all other sectors, public sector firms would be privatised. This was a bold announcement. 
• In addition to the efficiency gains that are likely to materialise from privatisation, doing so at this juncture will help the government raise the much-needed resources. 
• The resources raised through this avenue could be ring fenced and used to ramp up spending in infrastructure, especially in the health sector, to aid the economic recovery.

Loss in PSU’s:

• The delay in announcing the details of such a policy is perplexing.
• The costs of continuing with loss-making public sector entities, especially those in highly competitive sectors such as aviation and telecom, where no public purpose is served, are too high for the exchequer to bear. 
• The government’s privatisation programme requires a more considered, thought out process, and better laid plans.

Conclusion:

• The approach of viewing it solely as a means of pluggingthe revenue gap, especially towards the end of the financial year, needs to be discarded. 
• The government would benefit from drawing up a medium-term road map, listing out the potential candidates, and indicating the period of disinvestment to provide more clarity to investors.
• Government should prepare a comprehensive policy on privatisation, and a medium-term roadmap.

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Prelims Questions:

Q.1). With reference to the Light Detection and Ranging (LiDAR), consider the following statements:

1. It is a remote sensing method that uses light in the form of a pulsed laser to measure ranges (variable distances) to the Earth. 
2. Airplanes and helicopters are the most commonly used platforms for acquiring lidar data over broad areas. 

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: C

Mains Questions:

Q.1) What is the status of central government’s gross tax collections and non-tax revenues? Do you think the compressive privatisation programme is the only solution to boosts up the economic activities? Comment. 

1. Amplify the view that our penal law does not recognise insanity that affects our emotions which prompt our actions, and the will by which our actions are performed. (93/II/ 5b/ 20)
2. Examine the criminal liability of A in the following: (96/II/2b(i)/15)  A, with a known background of sleep- walking, got up from sleep one night,  walked to the garage while asleep and drove away in his car in that condition for quite some distance. He halted the car at his brother-in-law’s place, entered the room where his brother-in-law was asleep and gave a hard blow to him, thereby severely injuring-him. In a prosecution for attempt to commit murder A’s lawyer pleads nonsense automatism, on the basis of which he seeks an acquittal. Decide. Do you think that this case should be dealt with under section 84 of the Indian Penal Code?
3. “Under the Indian Penal Code there is no right of private defence in which there is time to have recourse to the protection of public authorities.” Examine. (97/II/1a/20)
4. On what grounds can a person committing any harm on a consenting individual be not punished? Is there any limit to the harm or can it be a harm to any extent? (98/II/1c/20)
5. “Mere medical insanity is not a valid defence under the Indian Penal Code but legal insanity is.” Discuss.  (0l/II/1b/20)
6. “Nothing is an offence which is done by a person who is bound by law to do it.” Discuss. (0l/II/1a/20)
7. Critically examine the statement with reasons and examples - The defence of irresistable impulse has frequently been rejected in charges of murder. (02/II/1b/20)
8. Referring to relevant legal provisions, and decided cases, point out what offence, if any, has been committed in the following case: A sees B commit what appears to A to be a murder. A in good faith seizes B in order to bring B before the proper authorities. Later on,  it turns out that B was acting in self- defence. (04/II/2b/10) 
9. Referring to relevant legal provisions, and decided cases, point out what offence, if any, has been committed in the following case: A soldier A fires on a mob by the order of his superior officer in conformity with the commandments of law. (04/II/2a/10)
10. Discuss the law renting to commencement and continuance of the right of private defence of property. When does the right of private defence of property extend to the causing of death? (04/II/3a/30)
11. Under what conditions may the defence of insanity be pleased on behalf of an accused? (05/II/1a/20)
12. A with the intention in good faith of saving human life and property, in a great fire, pulls down houses in order to prevent the conflagration from spreading it. A pleads that the harm to be prevented was of such a nature and so imminent as to justify or excuse his act. Decide, whether A has committed any offence? (07/II/ 2b/ 30)
13. “Right of private defence can be  (Main) Law—Topic Wise Paper 54 exercised only against the offender.” Explain and discuss also the circumstances when even death can be caused of the accused in exercise of right of private defence of property. (08/lI/2a/30)
14. “It is not the hindsight of a fool, it is the foresight of a reasonable man which alone can determine the liability.” Discuss. A threw a lighted cracker in a crowded market. It fell on B’s shop. C was standing nearby. To save himself and B’s shop too, C threw the cracker away. It then fell on D’s shop. D in his turn, threw it away which then fell on E who became blind. Decide, who is liable to E? (08/II/3a/30)
15. ‘Necessity knows no law’. Comment giving illustrations. (09/II/1b/20)
16. Right of private defence is available only against offences.” Discuss.  (10/II/1b/20)
17. “Fake police encounters are nothing but murders and police officers committing it without any protection of law to them deserve death penalty as the cases fall into rarer of the rarest category.” Comment. (13/II/1b/10)

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1. The accused picked up a revolver and believing it to be loaded pulled the trigger with the criminal intention of shooting B dead. Fortunately for B, the revolver was not loaded and he escaped unhurt. What offence, if any, has the accused committed? Is it open to the accused to contend in his defence that when the intended offence was physically impossible of being accomplished on the facts as they turned  53 (Main) Law—Topic Wise Paper out to be ultimately, he is entitled to a verdict of acquittal?  (99/II/ la/20)
2. Discuss the law relating to criminal intimidation. Refer to case law. In what way is extortion different from criminal intimidation? (10 + 10 = 20)

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1. “It is now a settled law in India that death sentence can be imposed only in the rarest to the rare cases.” Examine the above statement with the help of important decided cases clearly identifying as to what are rarest of rare cases. (97/II/2a/30)
2. What test has the Supreme Court prescribed to understand ‘the rarest of the rare cases’ while inflicting capital punishment? Can one argue that capital punishment in any case is against human right jurisprudence?  (98/II/1d/20)
3. Describe the kinds of punishments to which offenders may be punished under the provision of Indian Penal Code, 1960. (07/II/ la/ 20)
4. What test has the Supreme Court prescribed to understand ‘the rarest of the rare cases theory’ while inflicting Capital Punishment? Can one argue that Capital Punishment in any case is against society? (10/II/3a/20)

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Printed Study Material for IAS PRE cum Mains General Studies

1. “Under the Indian Penal Code an act which is done by one against his will is not his act.” Examine. (95/II/ la/ 20)
2. “Intention and the act both must concur to constitute a crime.” Explain. (02/II/2a/30)
3. Critically examine the statement with reasons and examples - It is not at all in doubt that the proof of existence of guilty intent is an essential element in a crime under common law.  (02/II/1c/20)
4. Critically examine the statement with reasons and examples - A corporation aggregate cannot be fastened with criminal liability. (02/II/1a/20)
5. “An act which is done by one against his will is not his act.” Discuss. (03/II/1b/20) 
6. Discuss the importance of mens era in criminal law. Also explain the role of mens era in statutory offences with the help of relevant case law.  (05/II/2a/30)
7. “Compensation to the victims of crime in India is the vanishing point of criminal jurisprudence.” Comment. Support your answer with the help of legal provisions and decided cases. (06/II/ lb/ 20)
8. “Offence does not happen all of a sudden, it passes through some stages.” Discuss and distinguish between preparation to commit offence and an attempt to commit an offence. Support your answer with the help of legal provisions and decided cases. (08/II/1a/20)
9. ‘Although the requirements of mens era is general throughout the criminal law, there are numerous exceptions to it’.  (Main) Law—Topic Wise Paper 52 Explain with illustrations.  (09/II/1a/20)
10. Discuss the principle of res-ipsa- Loquitur. Refer (10/II/1d/20)
11. ‘A’ and ‘B’ were both security guards posted outside the home of senior army officer, Mr. X. They often used to exchange hot words with each other in context to the other. On the day of Holi festival both of them had a verbal exchange due to the act that both wanted to go to home early for festival, that led to altercation between the two, both of them instantaneously aimed their revolvers at each other respectively. ‘C’ who was also on duty with them intervened and pacified both of them. Both ‘B’ noted that ‘A’ had lowered his revolver, he immediately fired at ‘A’ and killed him. On being tried ‘B’ was awarded death sentence. However, on appeal the High Court acquitted “B’ on the plea of self-defence. The State intends to go in for appeal in the Supreme Court against the decision of the High Court. Advise in the light of the case law on the subject. (10/II/2b/20)
12. Do you find it is necessary to convict the accused both under section 304-B and Section 498-A of penal Code? Refer to recent cases.
13. “The Indian Penal Code gives protection to one who does an act in good faith for the benefit of another.” Discuss.  (11/II/1a/15)
14. “The Indian Penal Code extends protection to acts done by misfortune under certain circumstances.” Discuss. (11/II/1b/15)
15. “The word ‘Voluntary’ as used in the Indian Penal Code is very significant  and it does not mean willingly but knowingly or intentionally.” Explain. (13/II/1a/10)

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Public Administration Mains 2019 : Solved Paper Question Paper-2 (Question-5)

SECTION-B

Q1. “Answer the following in about 150 words each: 10 x 5 = 50 Marks
(a) The evidences suggest that the dream of deliberative democracy could not be realized in practice at the grassroot level. Evaluate the impediments in the functioning of Gram Sabha. 10 Marks

ANSWER: Deliberative democracy or discursive democracy is a form of democracy in which deliberation is central to decision-making. It adopts elements of both consensus decision-making and majority rule. Deliberative democracy differs from traditional democratic theory in that authentic deliberation, not mere voting, is the primary source of legitimacy for the law. While deliberative democracy is generally seen as some form of an amalgam of representative democracy and direct democracy, the actual relationship is usually open to dispute. Some practitioners and theorists use the term to encompass representative bodies whose members authentically and practically deliberate on legislation without unequal distributions of power, while others use the term exclusively to refer to decision-making directly by lay citizens, as in direct democracy.

(b) “The RTI has started its journey, but is far from its destination.” In the view of the statement, examine the present’s status of the RTI movement. 10 Marks

ANSWER: ONLY FOR COURSE MEMBERS

(c) The concept of new localism arrangement may defeat the very purpose of local self-governance. Do you agree? Justify. 10 Marks

ANSWER: ONLY FOR COURSE MEMBERS

(d) Effective ‘Performance Management System’ needs to precede ‘taking deadwood out’ from bureaucracy. Comment. 10 Marks

ANSWER: ONLY FOR COURSE MEMBERS

(e) All weather rural connectivity scheme to even unconnected rural habitations has the potential to transform the rural economy. Do you agree? Justify. 10 Marks

ANSWER: ONLY FOR COURSE MEMBERS

Online Course for Public Administration for IAS Mains

Study Notes for Public Administration Optional Mains - 100% Syllabus Covered

Test Series for Public Administration Optional

    (The Gist of PIB) Regulation of NBFCs by RBI
[AUGUST-2019]

    (The Gist of PIB) Preventive steps taken to check Marine Pollution
[AUGUST-2019]

    (The Gist of PIB) First Bamboo Industrial Park
[AUGUST-2019]

    (The Gist of PIB) Implementation of Krishonnati Yojana
[AUGUST-2019]

    (The Gist of PIB) DE-Linting and Cotton Seed Oil Extraction
[AUGUST-2019]

    (The Gist of PIB) PRE-BID meeting for construction of Light House projects under GHTC-India

    (The Gist of PIB) Parliament passes the Muslim Women (Protection of Rights on Marriage) Bill 2019

    (The Gist of PIB) Seed Bankers for Conserving Native Crops
[AUGUST-2019]