Daily Current Affairs for UPSC CSE
Topics Covered
- Off Budget Borrowing
- Muktijodhas
- Temporary Suspension of Telecom Services (Public Emergency or Public Safety Rules 2017)
- Mandatory Minimum Sentencing
- DNA Technology (Use and Application) Regulation Bill 2019
- New Start Treaty
1 . Off Budget Borrowing
Context : Governments want to restrict their fiscal deficit to a respectable number as it is the most important metric to understand the financial health of any government’s finances. As such, it is keenly watched by rating agencies — both inside and outside the country. That is why most. One of the ways to do this is by resorting to “off-budget borrowings”. Such borrowings are a way for the Centre to finance its expenditures while keeping the debt off the books — so that it is not counted in the calculation of fiscal deficit.
What are off-budget borrowings?
- Off-budget borrowings are loans that are taken not by the Centre directly, but by another public institution which borrows on the directions of the central government.
- Such borrowings are used to fulfil the government’s expenditure needs. But since the liability of the loan is not formally on the Centre, the loan is not included in the national fiscal deficit.
- This helps keep the country’s fiscal deficit within acceptable limits.
- As a result, as a Comptroller and Auditor General report of 2019 points out, this route of financing puts major sources of funds outside the control of Parliament. “Such off-budget financing is not part of the calculation of the fiscal indicators despite fiscal implications,” said the report.
How are off-budget borrowings raised?
- The government can ask an implementing agency to raise the required funds from the market through loans or by issuing bonds.
- For example, food subsidy is one of the major expenditures of the Centre. In the Budget presentation for 2020-21, the government paid only half the amount budgeted for the food subsidy bill to the Food Corporation of India. The shortfall was met through a loan from the National Small Savings Fund. This allowed the Centre to halve its food subsidy bill from Rs 1,51,000 crore to Rs 77,892 crore in 2020-21.
- Other public sector undertakings have also borrowed for the government. For instance, public sector oil marketing companies were asked to pay for subsidised gas cylinders for Pradhan Mantri Ujjwala Yojana beneficiaries in the past.
- Public sector banks are also used to fund off-budget expenses. For example, loans from PSU banks were used to make up for the shortfall in the release of fertiliser subsidy.
If these numbers were included, what would the government fiscal deficit look like?
- If we consider the amount borrowed from the NSSF only for this year, the fiscal deficit will go up by Rs 40,000 to Rs 50,000 crore in absolute terms
- In addition to the borrowings by PSUs, the actual liabilities of the government would include loans taken fr the recapitalisation of banks and capital expenditures of the Ministries of Railways and Power.
- Given the various sources of off-budget borrowing, the true debt is difficult to calculate. For instance, it was widely reported that in July 2019, just three days after the presentation of the Budget, the CAG pegged the actual fiscal deficit for 2017-18 at 5.85% of GDP instead of the government version of 3.46%.
2 . Muktijodhas
Context : As New Delhi and Dhaka celebrate the 50th anniversary of the 1971 Liberation War, a 122-member tri-Service contingent of Bangladesh marched on Rajpath at the Republic Day parade. It had soldiers drawn from the units of that year.
About the contingent
- Soldiers of the Bangladesh Army, sailors of Bangladesh Navy and air warriors of the Bangladesh Air Force are part of the contingent. And they are being led by contingent commander Lt Col Abu Mohammed Shahnoor Shawon and his deputies Lieutenant Farhan Ishraq and Flight Lieutenant Sibat Rahman.
- The leader of the delegation Colonel Mohtashim Hyder Chowdhury, told media persons “We are here to have a better friendship.”
Who are these soldiers?
- The majority of the soldiers in this contingent come from the most distinguished units of the Bangladesh Army — 1, 2, 3, 4, 8, 9, 10 & 11 East Bengal Regiment and 1, 2 and 3 Field Artillery Regiment.
More about these units participating
- These units have the distinct honour of fighting and winning the 1971 Liberation War. And, the contingent from Bangladesh carries with them the legacy of legendary Muktijoddhas of Bangladesh, their fore-fathers had fought against mass atrocities by tyrannical forces, and for the liberty of Bangladesh.
- Also, there are members of the Bangladesh Navy and Air force who had played a very critical role in the liberation of Bangladesh. “`Operation Jackpot’ and `Kilo’ flight of the Bangladesh Navy and Air-force respectively was the demonstration of their courage, determination and resolve to fight against oppression.”
Importance
- Presence of Bangladesh defence forces for the first time coincide with the joint celebration of 50 years of Liberation of Bangladesh. Forces of both countries laid down their lives for liberation from Pakistan. It signifies joint march of both countries for the progress and prosperity of both people.”
- It also signifies both countries comradeship in all hurdles to combat. Unique friendship of two countries is a model for all countries of the world
3 . Temporary Suspension of Telecom Services (Public Emergency or Public Safety Rules 2017)
Context : As farmers’ protest turned violent in parts of Delhi on Republic Day, the Ministry of Home Affairs (MHA) issued orders to temporarily suspend Internet in some areas under a rarely used provision of a British era Act. The order issued under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety Rules 2017) of the Indian Telegraph Act, 1885 had been issued only twice- in Delhi on December 19 and 20, 2019, at the height of the CAA (Citizenship [Amendment] Act/National Register of Citizens (NRC) protests.
About Temporary Suspension of Telecom Services (Public Emergency or Public Safety Rules 2017)
- The rules framed in 2017, issued under the Indian Telegraph Act, 1885, stipulate that only the Home Secretary of the Union or a state can pass an order, and that the order must include the reasons for the decision.
- The order should be forwarded to a review committee the day after it is issued, and must be reviewed by the committee within five days to assess its compliance with Section 5(2) of The Telegraph Act, under which the government has the power to block the transmission of messages during a public emergency or for public safety.
- In the case of the central government, the review committee comprises the Cabinet Secretary and the Secretaries of the Departments of Legal Affairs and Telecommunications.
- In the case of states, the committee comprises the Chief Secretary, Secretary, Law or Legal Remembrancer In-Charge, Legal Affairs, and a Secretary to the state government (other than the Home Secretary).
- In “unavoidable circumstances”, the order can be issued by an officer of the rank of Joint Secretary or above, authorised by the Centre or the state Home Secretary.
- Telecom service providers must designate nodal officers to handle such requests.
What laws governed this area before the 2017 Rules were notified?
- Internet shutdowns were ordered under Section 144 of the Code of Criminal Procedure, which gives District Magistrates broad powers during dangerous situations. Even after 2017, many local shutdowns are issued under this law.
- Section 69(A) of the IT (Amendment) Act, 2008 gives the government powers to block particular websites, not the Internet as a whole.
4 . Mandatory Minimum Sentencing
Context : Bombay High Court has acquitted a man of sexual assault charges under the Prevention of Children from Sexual Offences (POCSO) Act for groping a child, and instead convicted him under the Indian Penal Code (IPC) for a lesser offence. The ruling, which drew criticism for its restricted interpretation of the offence, spotlights the concept of mandatory minimum sentencing in legislation, including POCSO
What was this case about?
- The Nagpur Bench of the Bombay High Court reversed the decision of a sessions court which had convicted 39-year-old Bandu Ragde under Section 8 of the POCSO Act, and sentenced him to three years in jail. Section 8 prescribes the punishment for the offence of sexual assault defined in Section 7 of the Act.
- The convict was accused of luring the 12-year old prosecutrix to his house on the pretext of giving her a guava, and pressing her breast and attempting to remove her salwar.
- The High Court upheld the conviction under sections that carry a lesser minimum sentence of one year under the Indian Penal Code, including outraging the modesty of a woman.
Why did the High Court acquit the man of charges under the POSCO Act?
- The court reasoned that since the offence under POCSO carried a higher punishment, a conviction would require a higher standard of proof, and allegations that were more serious.
- Section 7 of the Act says “Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person or does any other act with sexual intent…”
- The court said that since the convict groped the prosecutrix over her clothes, this indirect contact would not constitute sexual assault.
Is such a reading of the law unusual?
- Such restrictive reading is not uncommon, especially in POCSO cases.
- In State v Bijender (2014), a Delhi court acquitted a man under the POCSO Act and instead convicted him of IPC offences. A seven-year-old girl had testified that the convict took her into the bathroom by force, slapped her, and tore her jeans. The Special Court held that the act of tearing the clothes of the victim did not constitute physical contact even if sexual intent was present.
- This was despite the recognition of “any other act with sexual intent which involves physical contact without penetration” to be sexual assault under Section 7 of POCSO. The judge reasoned that since the accused did not touch the vagina, anus or breasts of the child, the latter part of the section could not be invoked. The court restrictively interpreted the lack of physical contact with sexual organs to mean that there was no physical contact.
What is a mandatory minimum sentence?
- Section 8 of the POCSO Act carries a sentence of rigorous imprisonment of three to five years. However, imposing the minimum sentence is mandatory. Where a statute has prescribed a minimum sentence, courts do not have the discretion to pass lighter sentences irrespective of any specific circumstances that the case or the convict might present.
- Minimum sentences have been prescribed for all sexual offences under the POCSO Act barring the offence of sexual harassment.
- In a 2001 ruling, the Supreme Court held that where the mandate of the law is clear and unambiguous, the court has no option but to pass the sentence upon conviction as provided under the statute. “The mitigating circumstances in a case, if established, would authorise the court to pass such sentence of imprisonment or fine which may be deemed to be reasonable but not less than the minimum prescribed under an enactment,” the court said in State of J&K v Vinay Nanda.
Why do some legislation prescribe a mandatory minimum sentence?
- A mandatory sentence is prescribed to underline the seriousness of the offence, and is often claimed to act as a deterrent to crime. In 2013, criminal law reforms introduced in the aftermath of the 2012 Delhi gangrape prescribed mandatory minimum sentences for criminal use of force and outraging the modesty of a woman, among other charges.
- Mandatory minimum sentences are also prescribed in some cases to remove the scope for arbitrariness by judges using their discretion. For example, the punishment for a crime under IPC Section 124A (Sedition) is “imprisonment for life, to which fine may be added, or…imprisonment which may extend to three years, to which fine may be added, or…fine”, which leaves room for vast discretion with judges.
Criticisms of mandatory sentencing?
- Studies have shown that mandatory sentencing in laws lead to fewer convictions, because when judges perceive that the punishment for the offence is harsh, they might prefer to acquit the accused instead.
- After conviction, a separate hearing is conducted to award sentence, in which aspects such as the accused being a first-time offender with potential for reformation or being the sole breadwinner of the family, or the accused’s age and social background, or the seriousness of the offence, etc., are considered. The absence of the opportunity to consider such factors, and instead prescribe a mandatory sentence, pushes judges in some cases towards acquitting the accused.
- A 2016 report on the ‘Study on the Working of Special Courts under the POCSO Act in Delhi’ by the Centre for Child Law at the National Law School of India University, Bengaluru, has highlighted the reluctance of courts in convicting under sections that carry a mandatory minimum sentence. The study noted: “Some within the legal fraternity were of the view that minimum sentences under the POCSO Act are very high.
So what is the way forward?
- Legal experts have argued that mandatory sentences are counterproductive to the aim of reducing crime or acting as a deterrent.
- Instead of harsher punishment, they recommend judicial reform that makes the sentencing process more accountable and transparent.
- This would include holding transparent proceedings for sentencing, recording specific reasons for punishment in rulings, etc.
5 . DNA Technology (Use and Application) Regulation Bill 2019
Context : AIMIM (All India Majlis-e-Ittehad-ul-Muslimeen) president Asaddudin Owaisi and CPI leader Binoy Viswam have filed dissent notes to the Parliamentary Standing Committee’s report on DNA Technology (Use and Application) Regulation Bill 2019, claiming that it does not take into account their concerns over privacy violations and targets Dalit, Muslims and Adivasis by way of DNA sample collection and indefinite storage as per the new legislation.
About the Bill
- The Bill regulates the use of DNA technology for establishing the identity of persons in respect of matters listed in a Schedule. These include criminal matters (such as offences under the Indian Penal Code, 1860), and civil matters such as parentage disputes, emigration or immigration, and transplantation of human organs.
- The Bill establishes a National DNA Data Bank and Regional DNA Data Banks. Every Data Bank will maintain the following indices: (i) crime scene index, (ii) suspects’ or undertrials’ index, (iii) offenders’ index, (iv) missing persons’ index, and (v) unknown deceased persons’ index.
- The Bill establishes a DNA Regulatory Board. Every DNA laboratory that analyses a DNA sample to establish the identity of an individual, has to be accredited by the Board.
- Written consent by individuals is required to collect DNA samples from them. Consent is not required for offences with punishment of more than seven years of imprisonment or death.
- The Bill provides for the removal of DNA profiles of suspects on filing of a police report or court order, and of undertrials on the basis of a court order. Profiles in the crime scene and missing persons’ index will be removed on a written request.
Process
- According to the provisions of the proposed law, police can ask for DNA samples of the person accused of an offence to facilitate their investigation. But unless the offence is of a very serious nature, punishable by death or by imprisonment for at least seven years, the DNA sample can be obtained only on the written consent of the accused. It can be also be obtained if an authorised magistrate is satisfied that a DNA test is absolutely necessary for investigation of the crime.
- People who are witness to a crime, or want to locate their missing relatives, or in similar other circumstances, can volunteer to give their DNA samples, again through written consent.
- The samples, collected by an authorised technician or medical practitioner, would have to be sent to an accredited laboratory for tests and analysis. The information generated from these tests would have to be mandatorily shared with the nearest DNA data bank, which in turn, would be required to share it with the national data bank.
- Under the provisions, the data banks are required to store the information under one of the five indices — a crime scene index, a suspect or undertrial index, an offenders’ index, a missing persons’ index, and an unknown deceased persons’ index.
- People whose DNA samples have been collected, either from the crime scene, or through voluntary written consent, can also request the removal of their information from the index. DNA samples of people who are not suspects or undertrials cannot be matched with already stored information in the suspects/undertrial index or the offenders’ index.
Benefits
- The Bill will add value in empowering the criminal justice delivery system by enabling the application of DNA evidence, which is considered the gold standard in crime investigations.
Concerns
- The main debate over the proposed law has been around three issues — whether the DNA technology is foolproof, whether the provisions adequately address the possibility of abuse of DNA information, and whether the privacy of the individual is protected.
- DNA information can be extremely revelatory. It can not only establish a person’s identity but also reveal a lot about physical and biological attributes of the person like eye, hair or skin colour, susceptibility to diseases, possible medical history, and possible clues to biological relatives.
- For years, critics of the Bill have been claiming that collecting and storing such intrusive information could lead to abuse, besides being violative of a person’s privacy.
6 . New Start Treaty
Context : Russian lawmakers approved the extension of the last remaining nuclear Russia-U.S. arms control treaty, a fast-track action that comes just days before it’s due to expire.
About New START
- New START (Strategic Arms Reduction Treaty) is a nuclear arms reduction treaty between the United States and the Russian Federation with the formal name of Measures for the Further Reduction and Limitation of Strategic Offensive Arms. It was signed on 8 April 2010 in Prague and, after ratification entered into force on 5 February 2011. It is expected to last at least until 2021.
- New START replaced the Treaty of Moscow (SORT), which was due to expire in December 2012. Its name is a follow-up to the START I treaty, which expired in December 2009, the proposed START II treaty, which never entered into force, and the START III treaty, for which negotiations were never concluded.
- Terms of Treaty
- Under terms of the treaty, the number of strategic nuclear missile launchers will be reduced by half.
- The treaty limits the number of deployed strategic nuclear warheads to 1,550
- It will also limit the number of deployed and non-deployed inter-continental ballistic missile (ICBM) launchers, submarine-launched ballistic missile (SLBM) launchers, and heavy bombers equipped for nuclear armaments
- A new inspection and verification regime will be established, replacing the SORT mechanism.
- It does not limit the number of operationally inactive stockpiled nuclear warheads that remain in the high thousands in both the Russian and American inventories