Daily Current Affairs for UPSC CSE
Topics Covered
- Hit and Run cases under Bharatiya Nyaya Sanhita (BNS)
- Citizenship (Amendment) Act, 2019
- Free Movement Regime
- Facts for Prelims
1 . Hit and Run cases under Bharatiya Nyaya Sanhita (BNS)
Context: Truckers strike: Home Ministry seeks to pacify truckers protesting new hit-and-run law.
What does the new law on hit-and-run cases say?
- Bharatiya Nyay Sanhita introduces stringent penalties for hit-and-run incidents in India. The law specifies that an individual causing a fatal crash and fleeing the scene without reporting to authorities could face imprisonment for up to 10 years along with a substantial fine.
- This marks a significant departure from the previous Indian Penal Code (IPC), where the punishment for such offenses was limited to a two-year imprisonment.
Two Categories Under “Causing Death by Negligence”
- Rash or Negligent Act Not Amounting to Culpable Homicide: Offenders falling under this category may face imprisonment for up to five years and a fine.
- Rash and Negligent Driving Not Amounting to Culpable Homicide: Individuals escaping without promptly reporting the incident may be subjected to up to 10 years of imprisonment and a fine.
Earlier Hit-and-Run Law
- Prior to the Bharatiya Nyay Sanhita, individuals accused in hit-and-run cases were tried under Section 304A of the Indian Penal Code, facing penalties of up to two years in jail upon identification.
- The introduction of the new law indicates a significant move towards stricter penalties for hit-and-run offenses in India.
Issues and Concerns
- Despite the law’s intentions, experts highlight the need for greater clarity on how an accused or driver should inform authorities, considering the potential risk of facing public anger at accident scenes.
- Additionally, safeguards are required to prevent potential misuse of this provision.
Road Accident Statistics
- The Ministry of Road Transport and Highways reported a disturbing 12% increase in road accidents in India in 2022, resulting in the tragic death of 19 individuals every hour.
- The report indicated a total of 4,61,312 road accidents, claiming 1,68,491 lives and causing injuries to 4,43,366 persons.
2 . Citizenship (Amendment) Act, 2019 (CAA)
Context: CAA rules may be notified before Lok Sabha election.
CAA
- The Citizenship (Amendment) Act, 2019 (CAA) was passed by the Parliament of India on 11 December 2019.
- It amended the Citizenship Act, 1955 by providing an accelerated pathway to Indian citizenship for persecuted religious minorities from Afghanistan, Bangladesh and Pakistan who are Hindus, Sikhs, Buddhists, Jains, Parsis or Christians, and arrived in India before the end of December 2014.
About citizenship Amendment Act 2019
- The Citizenship Act, 1955 regulates who may acquire Indian citizenship and on what grounds. A person may become an Indian citizen if they are born in India or have Indian parentage or have resided in the country for a period of time, etc. However, illegal migrants are prohibited from acquiring Indian citizenship. An illegal migrant is a foreigner who: (i) enters the country without valid travel documents, like a passport and visa, or (ii) enters with valid documents, but stays beyond the permitted time period.
- Illegal migrants may be imprisoned or deported under the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920. The 1946 and the 1920 Acts empower the central government to regulate the entry, exit and residence of foreigners within India.
- The 2019 Bill seeks to make illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, eligible for citizenship. It exempts certain areas in the North-East from this provision. The Bill also makes amendments to provisions related to OCI cardholders. A foreigner may register as an OCI under the 1955 Act if they are of Indian origin (e.g., former citizen of India or their descendants) or the spouse of a person of Indian origin. This will entitle them to benefits such as the right to travel to India, and to work and study in the country. The Bill amends the Act to allow cancellation of OCI registration if the person has violated any law notified by the central government.
What are the key features of the Act?
- Definition of illegal migrants: According the Act that the Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who entered India on or before December 31, 2014, will not be treated as illegal migrants. In order to get this benefit, they must have also been exempted from the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920 by the central government. The 1920 Act mandates foreigners to carry passport, while the1946 Act regulates the entry and departure of foreigners in India.
- Citizenship by registration or naturalisation: The Act allows a person to apply for citizenship by registration or naturalisation, if the person meets certain qualifications. For instance, if a person resides in India for a year and if one of his parents is a former Indian citizen, he may apply for citizenship by registration.
- To obtain citizenship by naturalisation, one of the qualifications is that the person must have resided in India or have been in service of the central government for at least 11 years before applying for citizenship.
- CAA Act 2019 creates an exception for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, with regard to this qualification. For these groups of persons, the 11 years’ requirement will be reduced to five years.
- On acquiring citizenship: (i) such persons will be deemed to be citizens of India from the date of their entry into India, and (ii) all legal proceedings against them in respect of their illegal migration or citizenship will be closed.
- These provisions on citizenship for illegal migrants will not apply to the tribal areas of Assam, Meghalaya, Mizoram, and Tripura, included in the Sixth Schedule to the Constitution.
- These tribal areas include Karbi Anglong (in Assam), Garo Hills (in Meghalaya), Chakma District (in Mizoram), and Tripura Tribal Areas District.
- Further, it will not apply to the “Inner Line” areas notified under the Bengal Eastern Frontier Regulation, 1873. In these areas, visits by Indians are regulated through the Inner Line Permit. Currently, this permit system is applicable to Arunachal Pradesh, Mizoram, and Nagaland.
- Cancellation of registration of OCIs: The Act provides that the central government may cancel registration of OCIs on certain grounds. These include: (i) if the OCI has registered through fraud, or (ii) if within five years of registration, the OCI has been sentenced to imprisonment for two years or more, or (iii) if it becomes necessary in the interest of sovereignty and security of India. The Bill adds one more ground for cancelling registration, that is, if the OCI has violated the provisions of the Act or of any other law as notified by the central government. The orders for cancellation of OCI should not be passed till the OCI cardholder is given an opportunity to be heard
3 . Free Movement Regime
Context: Free Movement Regime to end at Myanmar border.
About the news
- The Union government is all set to scrap the Free Movement Regime (FMR) along the Myanmar border.
- People living in border areas, who could cross over to India, will soon require visa.
- The Centre has decided to start the tendering for an advanced smart fencing system for the entire India-Myanmar border.
About the Free Movement Regime
- The FMR is a mutually agreed arrangement between the two countries that allows tribes living along the border to travel up to 16 km inside the other country without a visa.
- Under the FMR, every member of the hill tribes, who is either a citizen of India or a citizen of Myanmar and who is resident of any area within 16 km on either side of the border can cross over on production of a border pass with one-year validity and can stay up to two weeks.
- The FMR was implemented in 2018 as part of the government’s Act East policy at a time when diplomatic relations between India and Myanmar were on the upswing.
Importance of FMR
- The border between India and Myanmar was demarcated by the British in 1826, without seeking the opinion of the people living in the region. The border effectively divided people of the same ethnicity and culture into two nations without their consent. The current border reflects the line the British drew.
- People in the region have strong ethnic and familial ties across the border. In Manipur’s Moreh region, there are villages where some homes are in Myanmar. In Nagaland’s Mon district, the border actually passes through the house of the chief of Longwa village, splitting his home into two.
- Apart from facilitating people-to-people contact, the FMR was supposed to provide impetus to local trade and business. The region has a long history of trans-border commerce through customs and border haats. Given the low-income economy, such exchanges are vital for the sustenance of local livelihoods. For border people in Myanmar too, Indian towns are closer for business, education, and healthcare than those in their own country.
Need for removal
- FMR has been criticised for unintentionally aiding illegal immigration, drug trafficking, and gun running.
- According to a paper published by Anuradha Oinam of the Centre for Land Warfare Studies (CLAWS), several insurgent groups such as the United National Liberation Front (UNLF), People’s Liberation Army (PLA), the United Liberation Front of Assam (ULFA), National Socialist Council of Nagaland (NSCN), and small groups of Kukis and Zomis have built camps in Sagaing Division, Kachin State, and Chin State (in Myanmar).
- Data from the Manipur Chief Minister’s Office show that 500 cases were registered and 625 individuals were arrested under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in Manipur in 2022. A large quantity of narcotics, including heroin, opium, brown sugar, and ganja, crystal meth and yaba (methamphetamine and caffeine), and prescription drugs such as the stimulant pseudoephedrine and analgesic spasmoproxyvon, were seized, several thousand acres of poppy were destroyed during the same period. The value of the drugs seized or destroyed is estimated to have been more than Rs 1,227 crore in the international market.
4 . Facts for Prelims
Sweet Sokol Variant
- It is a Russian oil variant.
- Crude oil comes in hundreds of different varieties or “grades.” These grades are valued differently by refiners based on their crude qualities.
- It contains 0.27 Sulfur.
Kavach
- The KAVACH is an indigenously developed Automatic Train Protection (ATP) system by the Research Design and Standards Organisation (RDSO) in collaboration with the Indian industry.
- It is a state-of-the-art electronic system with Safety Integrity Level-4 (SIL-4) standards.
- It is meant to provide protection by preventing trains to pass the signal at Red (which marks danger) and avoid collision.
- It activates the train’s braking system automatically if the driver fails to control the train as per speed restrictions.
- It prevents the collision between two locomotives equipped with functional Kavach systems.