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The Delhi police has informed the Delhi High Court that it has registered 83 cases under the anti-terror law Unlawful Activities (Prevention) Act (UAPA) since 2005.
Of the total 83 cases, 40 have since been decided, another 29 is pending trial while the remaining 14 is pending investigation.
The Delhi police, in a status report filed in the High Court, stated that though a total of 98 cases were lodged under the UAPA, 15 of them were transferred to the National Investigation Agency (NIA).
In October, the High Court, which is seized of multiple cases pertaining to the UAPA, had ordered the police to give data on how many chargesheets, under the UAPA, were filed within 90 days.
The court had also sought data on the number of cases where extension of time was sought, and the period of extension granted.
Responding to the High Court’s query, the city police stated that chargesheets were filed in 40 cases within 90 days, while an extension was sought in 20 cases. Of the 14 cases where an investigation is pending, no arrest has been made in 12 cases. In two cases, arrests have been made but the initial 90 days are not completed.
The High Court is seized of five separate cases where the accused has challenged Section 43 D (2) of the UAPA which permits the court concerned to extend by another 90 days the remand of the accused beyond the 90-day period on being satisfied with the report of the public prosecutor indicating the progress of the investigation.
A Bench of Justice Mukta Gupta and Justice Anish Dayal has decided to consider three questions of law involved in such cases. Firstly, whether at the time of extension of time for a further period beyond 90 days’ remand by the court, the report furnished by the public prosecutor is required to be supplied to the accused.
On the second issue, the High Court will decide whether at the time of extension of the remand for a further period beyond 90 days based on the public prosecutor’s report the court should satisfy three requirements - what is the progress of the investigation carried out, whether any further investigation is required to be done, and whether continued detention of the accused for further investigation is necessary.
Thirdly, the High Court will see whether the court can grant extension of remand of further 90 days beyond an initial period in one go or the said remand should be granted as per the requirement of investigation in a truncated manner so as to oversee the progress in investigation.
One of the petitioners before the High Court has contended the test for granting an extension is that of “impossibility of completion of investigation within 90 days”, which was materially different from inability or the mere fact of non-completion of examination of call records or other related investigation.
New crab species found in T.N. (Page no. 5)
(GS Paper 3, Environment)
Researchers have discovered a new species of estuarine crab at the mangroves of Parangipettai near the Vellar River estuary in Cuddalore district.
The species has been named Pseudohelice annamalai in recognition of Annamalai University’s 100 years of service in education and research.
The discovery has been published in the latest issue of Zoological Studies by research scholar M. Prema and associate professor S. Ravichandran of the Centre of Advanced Studies (CAS) in Marine Biology, Annamalai University, in collaboration with Professor Hsi-Te-Shih and Jhih-Wei Hsu of National Chung Hsing University, Taiwan.
This is the first ever record of this genus, Pseudohelice, collected from high intertidal areas in front of the CAS. So far, only two species — Pseudohelice subquadrata and Pseudohelice latreilli — have been confirmed within this genus.
The species discovered is distributed around the Indian subcontinent and the eastern Indian Ocean,” says S. Ravichandran, Associate Professor, CAS.
Specimens of Pseudohelice annamalai were collected from the high intertidal areas of the Vellar River estuary, Parangipettai, with sediments composed of mud and sand.
The mangroves in the habitats were artificially planted on five hectares along the northern bank of the river, with two distinct zones — Rhizophora spp. towards the estuary and Avicennia spp. towards the land in the intertidal area.
Pseudohelice annamalai is distinguished by dark purple to dark grey colouring, with irregular light brown, yellowish brown, or white patches on the posterior carapace with light brown chelipeds. The new species is small and has a maximum width of up to 20 mm.
“The species inhabits muddy banks of mangroves, and the burrows were located near the pneumatophores of Avicennia mangroves.
Burrows have a depth of 25-30 cm and are branched, with larger pellets around the entrance. This species is not aggressive and can move fast like other intertidal crabs. As many as 17 species of intertidal crabs have been recorded in the same region,” Mr. Ravichandran added.
The occurrence of Pseudohelice in India links the distribution gap between the western Indian Ocean and the western Pacific Ocean.
The new species provides additional evidence of the geographic isolation of the eastern Indian Ocean for some marine organisms, the researchers said.
First privately developed rocket all set for launch (Page no. 5)
India’s first privately developed rocket, Vikram-S, is poised to create history as it undergoes final preparations at the ISRO (Indian Space Research Organisation) launchpad in Sriharikota for launch between November 12 and 16.
It was developed by the Hyderabad-based Skyroot Aerospace. The mission named ‘Prarambh’ (the beginning) — since it is the first mission for Skyroot — was unveiled by ISRO Chairman S. Somanath in Bengaluru after the technical launch clearance from the space regulator INSPACe.While the launch window has been notified, the final date will depend on the weather.
With this maiden mission, Skyroot is set to become the first private space company in India to launch a rocket into space, heralding a new era for the space sector which was recently opened up to facilitate private sector participation, said CEO and co-founder Pawan Kumar Chandana.
Skyroot, a two-time national award winner, is the first start-up to sign a Memorandum of Understanding (MoU) with ISRO in this regard.
We could build Vikram-S rocket mission-ready in such a short time only because of the invaluable support we received from ISRO and INSPACe.
Editorial
‘No consensus’ is derailing counter-terror diplomacy (Page no. 6)
(GS Paper 3, Internal Security)
India’s decision to host the special session of the United Nations Security Council’s Counter-Terrorism Committee (UNSC-CTC) last month — held in Mumbai and New Delhi, it focused on new and emerging technologies — is one of a number of events planned by the Government to give its counter-terror diplomacy a greater push. Later this month, New Delhi will host the third edition of the “No Money For Terror” (NMFT) conference that will look at tackling future modes of terror financing.
And in December, when India takes over the United Nations Security Council Presidency for the last time before its two-year term in the Council ends, India will chair a special briefing on the “Global Counter Terrorism Architecture”.
While the focus is on the future of the fight against terrorism, it is important to look at some of the challenges that already exist, especially when the world’s attention is consumed by the war in Europe, dealing with the aftermath of COVID-19, and global economic recession.
The first challenge is that the “Global War On Terrorism” (GWOT), as it was conceived by a post-9/11 United States is over with the last chapter written last year, as the United States negotiated with the Taliban, and then withdrew from Afghanistan. GWOT itself was built on an unequal campaign — when India had asked for similar help to deal with the IC-814 hijacking (December 1999) less than two years prior to the 9/11 attacks (with evidence now clear that those who the Atal Bihari Vajpayee government was forced to release were all terrorists who went on to help with planning, funding or providing safe havens to the al-Qaeda leadership), its pleas fell on deaf ears in the U.S., the United Kingdom, the United Arab Emirates (UAE), and of course, Pakistan, all of whom were hit by the same terrorists in later years.
Even after GWOT was launched, Pakistan’s role as the U.S.’s ally, and China’s “iron friend” ensured that the UNSC designations of those who threatened India the most, including Masood Azhar and Hafiz Saeed, never mentioned their role in attacks in India. The maximum India received in terms of global cooperation was actually from economic strictures that the Financial Action Task Force (FATF)’s grey list placed on Pakistan — Pakistan was cleared from this in October — indicating that the global appetite to punish Pakistan for terrorism has petered out.
In addition, the weak international reaction to the Taliban’s takeover of Kabul, and its persecution of women and minorities in the country, demonstrate rising fatigue levels in dealing with “another country’s problems”.
The hard reality for India is that the future of counter-terrorism cooperation is going to be less cooperative, and counter-terror regimes such as the UNSC Resolutions 1267, 1373, etc. rendered outdated and toothless.
Next, the growing global polarisation over the Russia-Ukraine war is not only shifting the focus from terrorism but is also blurring the lines on what constitutes terrorism.
After the dust, a clearer picture of Agnipath’s direction (Page no. 6)
(GS Paper 3, Defence)
The cloud of dust that rose following the announcement of the Agnipath scheme has now settled. Under this plan, around 50,000 soldiers, or ‘Agniveers’, will be recruited annually, with most leaving the service in four years.
Only 25% will be retained in service for another 15 years, as permanent cadres. With the passage of time, it is now possible to review the scheme in a more mature and pragmatic manner, especially since the first batch of Agniveers are on the way to their training centres. The recruitment rallies conducted for the Agniveers have seen a positive response, both among boys and girls.
Nothing is ever constant and change will always be the order of the day. Therefore, our policies also need to change and be aligned with the future.
To say that we must continue doing what we have been doing traditionally and not review our policies ever is not the correct approach.
The merits or demerits of a particular policy can be debated and feedback given to make it more robust. But to denounce it outright smacks of a ‘status quoist’ attitude.
If we look at the past there have always been changes in the human resources (HR) policies of central government employees.
In 1998, for example, the retirement age for all central government employees including armed forces personnel was increased across the board, by two years. Even then there was a hue and cry that it would lead to stagnation and so on.
There is already talk of raising the age of retirement to 65 years, in keeping with global trends. Similarly, the terms and conditions of service for our soldiers, sailors and airmen have undergone changes from the time to time.
So, to say that the Agnipath scheme is tinkering with settled systems, or falling back on clichés such as “if it ain’t broke don’t fix it”, is self-defeating. The Agniveer rallies which saw a good turnout shows that our youth are motivated and willing to serve the cause of the nation.
Our present system of almost one year of training — and even more for the technical arms — was devised when the standard of education of recruits was low, with an even lower technical threshold; therefore, it required time to drill concepts into them. Nowadays, all our youth are technologically savvy, which includes even those hailing from villages.
Everyone has a smartphone; everyone uses digital payment platforms. To continue with old training methodologies is irrational. Optimising the training duration is very much a possibility.
Given basic training, proficiency can be acquired on the job, and this is how it is done in many armies in the world. Since the Agnipath scheme was under formulation, this was an issue discussed with foreign service chiefs and delegations. In most cases, the training period varied between six to eight months.
When a naval chief was asked about sending his sailors onboard ships with only six months training, his reply was in the affirmative: ‘where else can you learn better than on the high seas?’
Another aspect that has been much discussed is of bonding and esprit de corps, and whether the Agniveers will be able to deliver when the time comes.
Opinion
Content moderation through co-regulation (Page no. 7)
(GS Paper 3, Internal Security)
Social media platforms regularly manage user content on their website. They remove, prioritise or suspend user accounts that violate the terms and conditions of their platforms.
When a user’s post is taken down or their account is suspended, they can challenge such a decision. Similarly, when users see harmful/ illegal content online, they can flag the issue with the platform.
Some platforms have complaint redressal mechanisms for addressing user grievances. For instance, Facebook set up the Oversight Board, an independent body, which scrutinises its ‘content moderation’ practices.
It was voluntary for platforms to establish a grievance redressal mechanism through their terms of service until the government introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
These mandate platforms to establish a grievance redressal mechanism to resolve user complaints within fixed timelines. Recently, the government amended these Rules and established Grievance Appellate Committees (GACs).
Comprising government appointees, GACs will now sit in appeals over the platforms’ grievance redressal decisions. This signifies the government’s tightening control of online speech, much like Section 69A of the IT Act. The IT Act was passed in 2000 and Section 69A was introduced in 2008 when social media barely existed.
In today’s online environment, however, the existing government control on online speech is unsustainable. Social media now has millions of users. Platforms have democratised public participation, and shape public discourse.
As such, large platforms have a substantial bearing on core democratic freedoms. Further, with the increasing reach of the Internet, its potential harms have also increased. There is more illegal and harmful content online today.
Disinformation campaigns on social media during COVID-19 and hate speech against the Rohingya in Myanmar are recent examples. With increased stakes in free speech and with increasing online risks, a modern intermediary law must re-imagine the role of governments.
Under such a law, government orders to remove content must not only be necessary and proportionate, but must also comply with due process.
The recent European Union (EU) Digital Services Act (DSA) is a good reference point. The DSA regulates intermediary liability in the EU. It requires government take-down orders to be proportionate and reasoned.
The DSA also gives intermediaries an opportunity to challenge the government’s decision to block content and defend themselves. These processes will strongly secure free speech of online users.
Most importantly, an intermediary law must devolve crucial social media content moderation decisions at the platform level. Platforms must have the responsibility to regulate content under broad government guidelines.
Explainer
Should the age of consent be changed for adolescents? (Page no. 8)
(GS Paper 2, Polity and Governance)
On November 4, the Dharwad Bench of the Karnataka High Court, while dismissing a case filed under the Protection of Children from Sexual Offences Act, 2012, said the Law Commission of India would have to rethink the age criteria, to take into consideration the ground realities.
The aspect of consent by a girl of 16 years, but who is below 18 years, would have to be considered, it said, if it is indeed an offence under the Indian Penal Code and/or the POCSO Act.
Under the POCSO Act, 2012, and under several provisions of the IPC, whoever commits a penetrative sexual assault on a child — anyone below 18 years of age — can be “imprisoned for a term which is not less than seven years but which may extend to imprisonment for life, and shall also be liable to [a] fine.”
Even if the girl is 16 years old, she is considered a “child” under the POCSO Act and hence her consent does not matter, and any sexual intercourse is treated as rape, thus opening it up to stringent punishment.
There have been several instances in the past few years when the courts have quashed criminal proceedings of rape and kidnapping, after being convinced that the law was being misused to suit one or the other party.
Often, the offender had been booked under Section 366 of the IPC, Section 6 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act, 2006.
In its order, and several other courts have passed similar judgments too, the Karnataka High Court said the effect of such criminal prosecution of a minor girl or boy is causing severe distress to all concerned, including the families.
Sometimes, disgruntled parents file a case to foil a relationship between two adolescents. In 2019, a study, Why Girls Run Away To Marry – Adolescent Realities and Socio-Legal Responses in India, published by Partners for Law in Development, made a case for the age of consent to be lower than the age of marriage to decriminalise sex among older adolescents to protect them from the misuse of law, sometimes by parents who want to control who their daughters or sons want to marry.
The study noted that in many cases, a couple elopes fearing opposition from parents resulting in a situation where families file a case with the police, who then book the boy for rape under the POCSO Act and abduction with the intent to marry under IPC or the Prohibition of Child Marriage Act, 2006.
As tensions mount, some Raj Bhavans are on the war path (Page no. 9)
(GS Paper 2, Polity and Governance)
Recent media reports about the confrontation between the Governors and the State governments, in Maharashtra and Kerala, have turned the spotlight on the rather delicate relationship between the constitutional head of the State and the elected government.
In Maharashtra, for example, the situation was indeed bizarre insomuch as the Governor refusing to accept the date of election of the Speaker recommended by the State government. Consequently, the Assembly could not elect the Speaker.
The situation in Kerala has been no less bizarre. The State Governor having reappointed the Vice Chancellor of Kannur University in accordance with the law, made an allegation against the Kerala government that he was under pressure from the Government to reappoint the Vice Chancellor.
The Governor confessed that he had done the wrong thing by yielding to governmental pressure. He has added that he does not want to remain the Chancellor any more, though he holds this position in an ex-officio capacity which means that he would have to remain the Chancellor as long as he is the Governor. But the Governor remains adamant.
The Governor levelling allegations against his own government is not a first-time development. In West Bengal this has been a regular feature.
Similarly, non-acceptance of the advice of the Council of Ministers too has been witnessed in Rajasthan as well as Maharashtra again.
Of course, there have been differences between Governors and Chief Ministers in the past too, but these have been rare occurrences. But the open confrontations now clearly cross the boundaries of what is constitutionally permissible behaviour.
The relationship between the Governor and Chief Minister has, even at the best of times, not been absolutely simple and tension free. It has something to do with the whole idea of the office of the Governor and its past history.
In the colonial era, the Governor was the absolute ruler of the province who was answerable ultimately to His Majesty, the King. A closer look at the debates in the Constituent Assembly on the Governor would reveal that there were divergent views on the powers to be given to the Governor.
In fact, there were members in the Assembly who wanted the Governor to be as powerful as the colonial-era Governors. Though B.R. Ambedkar was clear that the Governor should only be a constitutional head and the executive power should vest entirely in the elected government, he promoted the idea of vesting certain discretionary powers in the Governor.
In this respect he was guided by the thinking that the State governments are in subordination to the Union government and, therefore, the Governor should be given discretionary powers to ensure that they act so.
News
Chiefs of Indian, French Air Forces join ongoing Garuda-VII air exercise (Page no. 10)
The chiefs of Indian and French Air Forces on Tuesday joined the Air Exercise Garuda-VII in Jodhpur.
While Indian Air Force (IAF) chief Air Chief Marshal (ACM) V.R. Chaudhari flew a sortie on an IAF Rafale fighter, French Air and Space Force (FASF) Chief General Stéphane Mille flew on an IAF Su-30 MK-I fighter.
“Both [Chiefs] participated in the exercise as part of a combined training mission which was flown from Air Force Station Jodhpur.
Ex Garuda-VII is also the first occasion for the light combat aircraft (LCA) Tejas and the recently inducted light combat helicopter (LCH) Prachand to participate in any international exercise.
Speaking to the media after the sortie, ACM Chaudhari said that the Air Exercise Garuda provided a unique opportunity for both Air Forces to learn and imbibe each other’s best practices during operations while also highlighted the growing interoperability between the two Air Forces. The bilateral air exercise has been ongoing since 2003.
The exercise, which is due to culminate on November 12, includes four Rafale fighters and one A-330 multi-role tanker transport aircraft from the French side.
Apart from the LCA and LCH, the IAF contingent consists of Su-30 MK-I, Rafale and Jaguar fighter aircraft, as well as Mi-17 helicopters.
The IAF contingent also includes combat enabling assets such as flight refuelling aircraft, early warning aircraft, and Garud Special Forces, the statement added.
CSIR-NGRI to install early warning system against floods, rockslides, and avalanches in Himalayan States (Page no. 12)
The National Geophysical Research Institute (NGRI) of the Council of Scientific and Industrial Research has begun field studies to put in place an early-warning system in the Himalayan States against major and sudden floods, rockslides, landslips, glacier lake bursts and avalanches and to prevent Chamoli kind of disasters in future.
Right now, we are able to detect the major events through geophysical and seismological observations, but are yet to demonstrate the minimum threshold or the maximum distance from which we can give an early warning of natural disasters, which are 10 times less intense than what happened at Chamoli, with the help of various instruments. Our scientists are working on those systems.
The scientists in the institute have identified a few locations in the higher reaches of Uttarakhand for “densification” of seismometers and river gauges to take the total number to 100 from 60.
The objective is to closely monitor the river flows in specific areas along the catchment to detect any sudden rise in water levels or flooding threshold that can lead to a hazard.
A 5 cm of rainfall or a glacier melt may not be hazardous, but if there is a heavy rockfall or sudden lake burst, there could be massive flooding. What is the minimal level of time required and distance from which an early warning can be given will be assessed after discussions with the various stakeholders.
Scientists have decided to take cognisance of the vibrations or “noise” recorded by the seismometers, which need not be due to earthquakes but can also be because of vehicular traffic, animal movement, rain, river flows and so on.
These instruments are crucial for the safety of large infrastructure projects and hydroelectric power plants in this region. Currently, scientists are able to detect and assess a sudden flow 30-40 km away since the seismic wave is faster than the flow, and hence, the advance warning comes at least half an hour before.
The NGRI has started utilising Machine Learning to detect these observations faster than the normal approach because time becomes crucial during a warning.
The challenge is to sustain these observations in higher altitudes as communication of real data is a problem due to heavy snow cover and lack of mobile towers.
We are working on cost-effective measures. Although our instruments can withstand minus-20 degrees Celsius, they need fuel cells when there is no sunlight. We are going to start in a modest manner in Uttarakhand and parts of Arunachal Pradesh.