Context: 

Recently the Cambodian Government evicted people living around the Angkor Wat Temple Complex.

About Angkor Wat Temple

• History: It was built by King Suryavarman II in the 12th century.
  • Suryavarman II was the king of the Khmer (Cambodian) empire renowned as a religious reformer and temple builder.
• Location: Angkor Wat, temple complex at Angkor, Cambodia.
• Religious Site: It was first a Hindu temple dedicated to Vishnu but later transformed into a Buddhist temple. 
  • The intricate carvings on its walls tell stories from Hindu and Buddhist myths.
  • The temple remains an active religious site, attracting Buddhist monks and devotees who come to pay their respects and engage in prayer and meditation.
• 8th Wonder of the World: Angkor Wat, in the heart of Cambodia, has beaten Pompeii in Italy to become the eighth Wonder of the World. 

Historical Importance Of Angkor Wat Temple

• Buddhism: The carvings in the temple, which show scenes from both Buddhist and Hindu mythology, represent the change from Hinduism to Buddhism.
• Neighboring Structures: Angkor Wat is a component of a larger complex that also contains the sculpturally decorated Bayon Temple at Angkor Thom.
• Archaeological Significance: Covering 400 square kilometers, the site contains ruins of several Khmer Empire capitals from the ninth to the fifteenth centuries, making it one of Southeast Asia’s most important archaeological sites.

Important characteristics Of Angkor Wat Temple

• Architecture: The sandstone block construction of Angkor Wat, a 15-foot-tall wall enclosing the city, temple, and people, and a broad moat providing defense are examples of the temple’s architectural magnificence.
• Bas-Reliefs: The walls of the temple are covered in numerous bas-reliefs that depict Hindu and Buddhist deities and stories.
• Symbolism: The five lotus-shaped towers in the center of the temple complex symbolize Mount Meru, the mythological home of the gods in Buddhist and Hindu mythology. The symmetry and accuracy of these towers are striking.

News Source: The Hindu

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The Defence Minister is set to inaugurate several infrastructure projects at the Indian Navy‘s strategically located base in Karnataka’s Karwar. 

• These projects, developed under Project ‘Seabird,’ aim to enhance India’s long-term security interests in the Indian Ocean region.

Overview of Project Seabird:

• The Project Seabird at the Karwar Naval Base is the biggest naval project in India.
• Objective: Its goal is to offer assistance to fleets and maintain warships.
• Location: located near Karwar in Karnataka

Phase I of Project Seabird:

• Completion year: The initial phase of Project Seabird was completed in 2005. 
  • The first phase of the naval base was called Operation Seabird. 
• Objective: It aimed to provide facilities for 10 ships.
• Essential infrastructures: It included various essential infrastructures such as a breakwater, a pier capable of accommodating 10 ships, a ship lift capable of lifting 10,000 tons, and a dry berth.

Phase IIA of Project Seabird:

• The second phase of the naval base started in 2011.
• The Cabinet Committee on Security approved Phase IIA, aiming to accommodate 32 ships and submarines, along with 23 Yardcraft.
• Phase IIA focuses on constructing buildings and structures adhering to environmental guidelines set by the Ministry of Environment, Forest & Climate Change (MOEF) and the Indian Green Building Council (IGBC).

News Source: PIB

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As a component of the Sanchar Saathi portal, the Department of Telecommunications introduced Chakshu and the Digital Intelligence Platform.

What is a Digital Intelligence Platform?

• The Digital Intelligence Platform is an inter-agency initiative that facilitates the exchange of cybercriminal data among many parties, including banks, social media sites, and wallet providers.

About Chakshu

• Reporting of Fraud: Citizens can report suspected fraudulent communication by using Chakshu, which allows users to report messages, numbers, and phishing attempts.
• Method of reporting: Users can fill out a form with information about the fraud communication method, such as an SMS, call, or WhatsApp, by logging into the built-in Chakshu window on the Sanchar Saathi portal.
• Specification: After that, users must specify which category the message falls into, including impersonation, phony KYC, sextortion, and bogus customer helplines.

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Recently, the Prime Minister witnessed the start of core loading for India’s indigenous 500 Mwe Prototype Fast Breeder Reactor (PFBR) in the nuclear plant at Kalpakkam, Chennai.

Background of India’s Nuclear Energy Programme

• Atomic Energy Commission: The Atomic Energy Commission (AEC), set up in 1948 under the leadership of Homi J. Bhabha, marked the beginning of India’s nuclear program.
• Atomic Energy Establishment: In 1954, the Atomic Energy Establishment, Trombay (AEET), was founded, which later became the Bhabha Atomic Research Centre (BARC).
• Nuclear Power: India’s first nuclear power plant was commissioned in 1969 at Tarapur, Maharashtra, which marked a significant step in the country’s nuclear power generation.
• Pokhran Tests: India demonstrated its nuclear capabilities to the world with the peaceful nuclear explosion at Pokhran in 1974, and later in 1998.
• Indigenous Development: Post the Pokhran tests, India faced international embargos which led to the development of indigenous technology for both power generation and strategic purposes.

What is India’s 3 Stage Nuclear Program:

• The goal of the three-stage nuclear programme is to use India’s enormous uranium deposits, which make up around 25% of the global total. 
  • In addition, India only possesses 2% of the world’s uranium deposits, making them scarce.

• Stage I: Pressurized Heavy Water Reactors (PHWRs):

  • Pressurized heavy water reactors (PHWRs) are used in the first phase of India’s three-stage nuclear power development.
  • These reactors create plutonium-239 as a byproduct in addition to power.
  • PHWRs were selected for the first phase because of their effective reactor design, which maximizes the use of uranium.
  • Utilization and Operation of Uranium:
    • Use of Natural Uranium: PHWRs burn natural uranium, which is primarily composed of uranium-238.
    • Production of Plutonium: In a reactor, uranium-238 can be transformed into plutonium-239.
    • Heavy Water Usage: In PHWRs, heavy water, or deuterium oxide, or D2O, is used as a coolant and moderator.
  • PHWR Series: Based on the original Canadian CANDU reactors, India has built a series of PHWRs known as the IPHWR series.
    • Reactor designs with capacities of 220 MWe, 540 MWe, and 700 MWe are part of the IPHWR series.
  • Installed Capacity: First-stage PHWRs from the IPHWR series make up the majority of India’s current nuclear power capacity.
  • Upcoming Developments: In order to augment PHWRs, India is developing reactors based on Pressurised Water Reactor technology, such as the IPWR-900 reactor platform.

• Stage II: Fast  Breeder Reactor (FBR): 

  • Fast breeder reactors (FBRs) are used in the second phase of India’s three-stage nuclear power development.
  • Composition and Type of Fuel:
    • Type of Fuel:  FBRs use a mixed oxide (MOX) fuel composed of plutonium-239 recovered from spent fuel from the first stage and natural uranium.
    • Fission Process: In order to produce energy in FBRs, plutonium-239 undergoes fission.
    • Breeding Fuel: FBRs are able to “breed” more fuel than they consume because uranium-238 in the mixed oxide fuel transmutes to more plutonium-239.
  • Change to Thorium:
    • When there is enough plutonium-239 in stock, thorium can be added to the reactor as a blanket material.

• Stage III: Thorium-Based Reactors:

• • In the third stage of India’s three-phase nuclear power programme, self-sustaining reactors powered by uranium-233 and thorium-232 will be deployed.
  • Features of Reactors:
    • Refueling: Reactors classified as thermal breeder reactors are able to be refuelled with naturally occurring thorium following the initial fuel charge.
    • Fuel Composition: The main fuel used in the reactor is thorium-232, which is converted to uranium-233 to provide energy.
  • Implementation Plan:
    • Capacity Growth: By using PHWRs and FBRs, the third stage is expected to help India’s nuclear energy sector grow beyond 10 GW.
    • Timeline: It is anticipated that full thorium reserve exploitation in India would take place three to four decades after fast breeder reactors begin commercial operations.
  • Other Methods:
    • Indian Accelerator Driven Systems (IADS): To exploit thorium, innovative accelerator-driven systems are being developed in partnership with Fermilab, a US laboratory.
    • Advanced Heavy Water Reactor (AHWR): The Advanced Heavy Water Reactor (AHWR) is a reactor design that is ready for deployment and runs on fuel composed of uranium-thorium MOX and plutonium-thorium MOX. It can use thorium to produce a sizable amount of its electricity.
    • Molten Salt Reactor: An experiment to determine whether molten salt technology can be used to produce thorium is being conducted with the Indian Molten Salt Breeder Reactor (IMSBR).

Prototype Fast Breeder Reactor

• Beginning of Stage II: The country’s three-stage nuclear power programme begins with PFBR, the second stage, where the spent fuel from the first stage will be “reprocessed and used as fuel.”
• Feature: This sodium-cooled PFBR’s ability to create more fuel than it consumes makes it special and contributes to future fast reactors’ ability to become self-sufficient in their fuel supply.
• Design and Construction: The nation’s first fast breeder reactor, the PFBR was created by the Indira Gandhi Centre for Atomic Research (IGCAR).
• Responsibility: The Department of Atomic Energy’s (DAE) public sector enterprise Bharatiya Nabhikiya Vidyut Nigam Ltd (Bhavini) is in charge of constructing fast breeder reactors in India.

Advantages of Fast Breeder Reactors

• Efficient Utilization of Resources: FBRs can utilize uranium more efficiently by converting non-fissile uranium (U-238) into fissile plutonium (Pu-239). An example of this is the Prototype Fast Breeder Reactor (PFBR) at Kalpakkam.
• Reducing Nuclear Waste: FBRs can help in reducing the amount of nuclear waste due to their ability to burn actinides, which are major contributors to long-term radiotoxicity of nuclear waste.
• Energy Security: FBRs are vital for long-term energy security in India, which has limited reserves of uranium but abundant reserves of thorium. This thorium can be converted into fissile uranium-233 in FBRs.

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The Great Lakes ecosystem have for the second consecutive year recorded a  below average ice cover as per the National Oceanic & Atmospheric Administration (NOAA).

About The Great Lakes

• Location:  They are a series of large interconnected freshwater lakes in the east-central interior of North America  on or near the Canada–United States border 
  • It connects to the  Atlantic Ocean via the Saint Lawrence River.
  • The lakes are divided among the jurisdictions of the Canadian province of Ontario and the U.S. states of Michigan, Wisconsin, Minnesota, Illinois, Indiana, Ohio, Pennsylvania, and New York.
• Comprise of: It comprise of 5 major lakes namely,
  • Lake Superior
  • Lake Michigan: It is the largest freshwater lake that is entirely situated within one country i.e. USA
  • Lake Huron
  • Lake Erie 
  • Lake Ontario 
• The Freshwater Source: The Great Lakes are the largest group of freshwater ecosystem on Earth by total area and are second-largest by total volume, containing 21% of the world’s surface fresh water by volume.
• Characteristics: It has sea-like characteristics, such as rolling waves, sustained winds, strong currents, great depths, and distant horizons therefore also called the inland seas.

Ice Cover on the Great Lakes:

• Historical Ice Cover: The Great Lakes are covered with a thick layer of ice in late February or early March usually. 
  • That is when the ice cover reaches its peak. But that has not been the case during the winter of 2023-24.

• Recent Trends:

• • Winter of 2023-24:
    • The total ice coverage across all lakes till feb 11 measured just 2.7%. 
    • Lakes Erie and Ontario basically both remained essentially ice-free this season.
  • Declining Ice coverage: The maximum basin-wide annual ice coverage has been 53 per cent since reliable satellite data collection began in 1973, but the amount of ice has seen a 5 % drop every decade, amounting to a  total 25 per cent decrease
  • The Ice season: It has shortened in duration by approximately 27 days on average over the last 5 decades.

The Changing Winters:

• The Great Lakes are among the fastest-warming lakes in the world with recent years witnessing Decembers exhibiting above-average temperatures according to the Fifth National Climate Assessment
• Reasons for Decreased Ice Cover on the Great Lakes:
  • Global warming induced climate change is responsible for the lack of ice this winter
    • 2023 has already been declared as the hottest year on record and January 2024 the hottest January on record
  • El Nino: The warming is  exacerbated by the active phase of  El Nino, (the warmer phase of the El Nino-Southern Oscillation) since mid 2023
  • Warmer Winters: The delayed formation of ice due to the lack of cold air early in the season makes ice concentration harder to achieve
  • Weakening Arctic cold winds: Fewer and generally shorter intrusion of blasts of cold air from the Arctic exacerbates the situation and results in diminishing ice cover.

Significance of an Icy Great Lakes:

• Ecosystem balancing: Ice is a natural part of the yearly cycle of the Great Lakes, upon which many animal species, ranging from microbial to larger fauna, rely on for protecting their young and harboring eggs.
• Coastal resilience: The ice sheets along the shore act as an important buffer against the  (storms and large wave events during the colder months of jan to march) protecting the coast from erosion and damage to shoreline infrastructure. 
• Economy: The lack of ice is also affecting tourism and recreational activities of the region
  • The John Beargrease Sled Dog marathon was cancelled last month due to lack of snow. It is one of the most beloved dog sled competitions in the Midwest.

News source: DTE

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India’s first National Dolphin Research Centre (NDRC) has opened in Patna, Bihar to help protect the Gangetic river dolphin.

About National Dolphin Research Centre (NDRC)

• National Dolphin Research Centre (NDRC) has been set up on the premises of Patna University.
  • It is located Near Ganga. 
• This centre is stretched around 4,400 square meters. 
• Its strategic location is very helpful for researchers to examine dolphins in their natural habitat. 
  • It will study how dolphins behave, what they eat, and why they die. 
  • The center will also teach fishermen how to keep dolphins safe while fishing.

• Significance of setting up NDRC

• • Conservation of Endangered Gangetic Dolphins
  • Collecting important Data about the dolphin population.
  • Creation of conservation plans.
  • Maintenance of Ecological Balance
  • Awareness and Education of significance of this species 

About Gangetic River Dolphins.

• National Aquatic Animal: The Gangetic River dolphin is India’s national aquatic animal.
• Other Name: “Tiger of the Ganges.”
• It was officially discovered in 1801.
• Special Among Freshwater Dolphins: It’s one of only four types of freshwater dolphins in the world.
  • The others were found in the Yangtze river in China (but now extinct), the Indus river in Pakistan, and the Amazon river in South America.
• Features: These are essentially blind. 

• • Echolocation: They navigate and find food in river waters using echolocation.
  • Live alone or in group: Gangetic river dolphins are often spotted either alone or in small groups.
    • These groups usually consist of a mother dolphin and her calf.
• Habitat: 
  • These dolphins live in the river systems of India, Bangladesh, and Nepal.
  • They prefer water that’s around five to eight feet deep and often are found in turbulent waters,where there’s lots of fish.
  • They like places where there’s not much current, so they don’t have to use too much energy.
    • The dolphins move from areas with little or no water flow to the river’s edges to find food. After hunting for fish, they swim back to their original spot.
• Indicators: Gangetic dolphins are like messengers, They tell about the health of the rivers.

• Protection Status:

  • Wild Life (Protection) Act of 1972: Schedule I.
  • International Union for Conservation of Nature (IUCN): Endangered
  • Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES): Appendix I
  • Convention on Migratory Species (CMS): Appendix I

Major threats to Gangetic Dolphins

• Unintentional killing in fishing gear.
• Poaching for dolphin oil.
• Habitat destruction due to development and pollution.

News Source: Downtoearth

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Recently, the Centre ordered that the status quo be maintained on the Shanan hydropower project, over which Punjab and Himachal Pradesh have made competing claims.

About Shanan Power Project

• The 110 MW Shanan power project was envisaged by Col. Battye, the then Chief Engineer of the Government of Punjab, in 1922
• On Lease: It was leased to Punjab in 1925 for 99-years. 
  • The first stage (48 MW) of the project was commissioned in 1932. 
• Signed by: The lease agreement was signed in 1925 between the then ruler of Mandi, Raja Joginder Bahadur, and Col BC Batty.
• Utilisation: According to the agreement, water for the project was to be utilised from Uhl River, a tributary of Beas River, in lieu of which the state would receive 500kW free electricity.
• Location: It is situated at Jogindernagar in Mandi district, Himachal Pradesh.

Issues Over Shanan Power Project

• Lease agreement Termination: 

  • On March 2, 2024 after a period of 99-lease years. 

• Punjab’s Claims:

• • Legal Control: During the reorganisation of states in 1966, the hydel project was given to Punjab, as Himachal Pradesh was then a Union Territory. 
    • It was allocated to the state by a central notification issued on May 1, 1967 by the Union ministry of irrigation and power. 
  • Assets Control: Punjab has contended, with all assets currently under formative control of the state government through the Punjab State Power Corporation Ltd (PSPCL).
    • Punjab claimed that the Project has been in possession, control and management of the Project since its inception in 1932.

• Himachal Pradesh’s Allegation: 

  • The Shanan Power House is situated in Himachal’s territory, hence the state should has full rights on this project.
  • The Himachal government has alleged that the project is in a poor condition as Punjab is not repairing or maintaining it.

• Centre’s Interim Measures: 

  • An Interim Measure: The issuance of this order is entirely in the nature of the interim measure and shall not be treated as a basis of any claim or interest.
  • Legal Framework: Both parties are expected to proceed with all matters concerning the settlement of the dispute in such manner as they may deem fit and within such legal framework as may be appropriate.
  • Public Interest: Such a measure or a step by way of removal of difficulties would be the maintenance of the status quo so as not to disrupt the functioning of Shanan Power House.

• Legal Action: 

• • The Supreme Court will on April 8 take up the application by Punjab government seeking to restrain the Himachal Pradesh government from taking possession of 110-MW Shanan hydel on expiry of its 99-lease period.

News Source: The Indian Express

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Recently, at Gurugram restaurant, diners were mistakenly served ‘dry ice’ leading to severe health consequences.

What is Dry Ice?

• Definition: It is the solid form of carbon dioxide, commonly used as a cooling agent for food products like ice cream, frozen desserts etc.
• Dry Ice Formula: CO2

• Properties of Dry Ice:

  • Extreme Cold: It remains at extremely low temperatures, around -78.5 degrees Celsius (-109.3 degrees Fahrenheit). 
  • Sublimation: which enables it to transition straight from a solid to a gas without going through a liquid phase unlike regular ice.
  • It is frequently used for food items that are needed to be cold or frozen, without the use of mechanical cooling. 

• Uses of Dry Ice: 

• • Food Industry: 
    • It’s employed for freezing at ultra-low temperatures, preserving food without water, and extending shelf life. 
    • Ex: in environments like aircraft lacking refrigeration systems, Popular in Restaurant & Bars.
  • Medical and Pharmaceutical Applications: It is crucial in transporting and storing biological samples and medicines. 
    • Ideal for preserving pharmaceuticals like vaccines, maintaining their potency. .
  • Transportation and Storage: Keep moisture-sensitive goods free from water during transportation and storage, as dry ice does not melt.
  • Special Effects in other Fields: 
    • In Entertainment Photography, film, and theater leverage dry ice for special effects, utilizing its sublimation for visual impact. 
    • Fog and smoke machines enhance ambiance at parties or create eerie atmospheres for events like Halloween.

Safety Concerns and Risks 

• Respiratory Issues: The accumulation of carbon dioxide in poorly ventilated areas can lead to oxygen deficiency, and increasing the risk of asphyxiation.
• Skin Hazards: The low temperature of dry ice may cause frostbite or cold burns if it comes into close contact with the skin.

Also Read: Global Initiative On Digital Health (GIDH)

News Source: DTE

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Recently the Reserve Bank of India (RBI), for quicker settlement of funds for merchants, has asked NPCI Bharat BillPay Ltd. (NBBL) to implement an interoperable system for Internet Banking.

• Current Mechanism: According to the current mechanism, banks are required to separately integrate with each payment aggregator (PA) of different online merchants.
• Integration: Given the multiple PAs, each PA needs to be integrated with each of the banks. 

What is Interoperability of Payment systems?

• Interoperability refers to the capacity of different payment systems to work together, enabling customers and providers to conduct transactions between systems without requiring complicated integration or multiple accounts.

Features of Interoperability

• Technical Standards and Protocols: Technical standards and protocols are the foundation of interoperability, allowing disparate systems to comprehend and process information from one another. Data and transactions can be sent without mistakes or interruptions because of this compatibility.
• Smooth Transactions: Interoperability allows consumers to perform transactions across many payment systems smoothly.
  •  For example, it enables a user of one bank’s payment app to send money to another bank’s payment app with no hassle.
• Enhances Efficiency: Interoperability improves efficiency by eliminating the need for duplicate efforts and middlemen. It improves processes and simplifies interactions for both service providers and end users.

News Source: The Hindu

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Recently, the Union Minister for Steel and Civil Aviation inaugurated India’s first Green Hydrogen Plant in the Stainless Steel Sector at Jindal Stainless Limited (JSL), Hisar, Haryana.

• The green hydrogen will be used by JSL in stainless steel manufacturing processes at the Hisar unit.
• India’s progress in the steel sector, evolving from a net importer to a net exporter and aiming to become the world’s largest producer of crude steel was highlighted.

What is Green Hydrogen?

Green Hydrogen is produced using electrolysis of water with electricity generated by renewable energy. 

About First Green Hydrogen Plant in India

• It will be the world’s first green hydrogen plant with rooftop & floating solar equipment.
• Aim: To reduce carbon emissions by around 2,700 metric tonnes per annum and 54,000 tonnes of CO2 emission over 20 years.
• Location: Hisar, Haryana.
• Collaboration: between Jindal Stainless Ltd and Hygenco. 
• BOO Model: Hygenco is operating the plant under the Build-Own-Operate (BOO) model.

• Significance: 

• • Decarbonization in Steel Production: Green hydrogen serves as a cleaner alternative to traditional methods.
  • Reducing Carbon Emissions: Reduce the carbon footprint but also diversify the energy mix and enhance energy security.
    Green Hydrogen can reduce carbon emissions in blast furnaces by almost 20%.
  • Enhanced Energy Efficiency: can revolutionise the steel sector in India and set a benchmark for sustainable practices across the globe.
  • Green Jobs: It will promote “green growth” and “green jobs” to achieve the target of net zero carbon emission by 2070.

News Source: AIR

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This Article is based on the news “Reform bail law, but make the right diagnosis first” which was published in the Hindu. Lawyers from the Fair Trial Programme, an undertrial legal aid initiative, at National Law University Delhi highlight the issues persisting with Bail laws in India.

Need For Reforming Bail Laws In India: Supreme Court

• Apex Court Acknowledment: The Supreme Court of India recently acknowledged, in Satender Kumar Antil vs CBI, the ineffectiveness of India’s bail system and its contribution to this crisis.
• Apex Court Observation: The court noted that despite repeated guidelines on bail law, things have not changed much on the ground.

Bail Provisions in India: Sections, and Types 

• What is Bail: 

  • It is the temporary and conditional release of a defendant with the promise to appear in court when required.

• Accompanied by: 

  • A security deposit to secure the release of the accused.

• Types of Bail in India: 

  • There are three types of Bail in India

    • Regular Bail

      • A regular bail is simply the release of an accused from jail to ensure his attendance at the trial.
      • Section 437 and 439 of the CrPC: The accused has the right to be freed from such confinement under section 437 and section 439 of the CrPC.

    • Interim Bail

      • It is issued for a short period. Interim bail is granted to an accused before the hearing for regular or anticipatory bail.

    • Anticipatory Bail

      • Advance Bail: It is similar to obtaining advance bail under Section 438 of the CrPC.
      • Section 438: A bail under Section 438 may be bail before arrest, and an individual cannot be arrested by the police if the court has granted anticipatory bail.
      • Application: In recent years, this has become an important problem because corporate competitors and other prominent persons sometimes seek to frame their opponents with fake charges.

Cases in Bailable and Non Bailable Offences

• Bailable Offence: 

  • Section 2 (a) of CrPC 1973 defines bailable offence which has the following characteristics.
    • Bailable offences are considered less serious.
    • As a general rule bailable offence are those in which punishment is less than 3 years or fine or both.
    • In a bailable offence, bail can be claimed as a right.
    • The right of bail is under Section 436 of CrPC.
    • Any Magistrate is empowered to try the cases of bailable offences.

• Bail For Non Bailable Offence:

• • A Non Bailable Offence is one in which bail cannot be granted as a matter of right unless ordered by a competent court which will have the following characteristics
    • Non Bailable Offences are considered more serious.
    • Imprisonment of more than 3 years and fine which may extend to life imprisonment and even death.
    • Bail can’t be claimed as right and the court or the police officer has the discretion to grant bail after considering facts and circumstances as per each case.
    • Provisions of Non Bailable Offences are given in section 437 of CrPC.
    • In case of Non Bailable Offences an anticipatory bail under CrPC can be granted by the court of Session or by the High Court.
    • In such instances, the accused may seek bail under Sections 437 and Section 439 of the CrPC 1973.

Issues With the Bail Laws in India

• Overrepresentation of Undertrails: 

  • Untertrails comprise over 75% of India’s prison population which strongly reflects the systematic inefficiencies in the bail system, further overcrowding in Indian prisons stands at 118%.

• Challenges with the Disadvantage Section of Society: 

  • Arbitrary arrest is vague and it is based on the discretion of the Police. Such vague justifications put migrants, persons without assets, or those with no contact with family at higher risk of arrest because of their socio-economic condition. 
    • Data from the Fair Trial Program in Yerwada and Nagpur central prisons mentions that 18.50% of undertrials are migrants, 93.48% did not own any assets, 62.22% did not have any contact with family, and 10% had a history of previous incarceration.

• Reluctance in the Judicial System: 

  • A growing reluctance among trial judges to grant bail has become a major reason behind increasing bail backlogs.
    • Discretion of Courts: While the law categorizes offenses as bailable or non-bailable, there is still judicial discretion in granting bail for non-bailable offenses. Concerns exist that trial courts are hesitant to grant bail, especially in sensitive cases, leading to overcrowding in jails. 

• Challenge in Bail Compliance: 

  • A large number of undertrials continue to remain in prison despite being granted bail due to challenges in complying with bail conditions.
    • Lack of Means to Arrange Money/Property: To comply with bail conditions, the undertrial needs to arrange money/property and local sureties as a promise to appear in courts when required.
    • Lack of Residence and Identity Proof: An innocent person awaiting trial can end up spending years in jail simply because they can’t afford bail. According to Data from the Fair Trial Programme (FTP) in Yerwada and Nagpur Central jails:
      • In 14% of cases: Undertrials were unable to comply with bail conditions and remained in prison despite being granted bail.
      • In 35% of cases: It took over a month after obtaining the bail for undertrials to comply with bail conditions and secure their release.

• Flawed Assumptions: 

• • Fair Trail Program criticizes the Indian bail system for relying on flawed assumptions
    • Assumption 1: Every arrested person is propertied or has access to prophesied social connections. This ignores the socio-economic realities of a large portion of the population who might lack the financial resources to secure bail.
    • Assumption 2: Financial loss is the only way to ensure the presence of the accused in court. This overlooks alternative measures like robust witness protection programs or electronic monitoring systems.
  • Bail Not Jail: These assumptions, render the principle of “bail not jail” meaningless for many undertrial individuals who remain incarcerated simply because they lack the financial means to secure bail.

• Lack of Safeguard: 

  • The Supreme Court asserted that effective enforcement against arbitrary arrest would eliminate the need to seek bail from courts.

Way Ahead to Bail Laws In India

• Financial Alternatives: Exploring alternatives to cash bail, like unsecured bonds, community supervision programs, or allowing property deposits instead of cash.
• Need For a Separate Law for Bail: Currently CrPC governs the procedures for granting bail in India. It retains a structure inherited from the colonial era.
  • A separate law specifically focusing on granting bail in India should be made similar to the United Kingdom Act of 1976 which prescribes the procedure for granting bail.
• Addressing Trial Delays: Establishing fast-track courts for specific offenses to expedite trials and reduce pre-trial detention times. Utilizing technology for virtual hearings and case management to streamline the judicial process.
  • Judicial Training: Provide training to judges on the principles of “bail not jail” and fair application of bail discretion.
• Community Bail Programs: Exploring community-based bail programs where community organizations vouch for the accused and ensure their court appearances.
• Legal Aid: Strengthen legal aid programs to ensure everyone has access to legal representation during bail hearings. This can help navigate the legal complexities and present a compelling case for bail.
  • Directions to States: All the state governments and Union Territories have been directed by the Supreme Court to facilitate standing orders and avoid indiscriminate arrests.=

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This Article is based on the news “JMM bribes for votes ruling: How Supreme Court interpreted privilege for lawmakers” which was published in the Indian Express. Recently, a seven judge Constitution Bench of the Supreme Court held that legislators do not enjoy immunity from criminal prosecution for bribery charges in connection with their speech and votes made in Parliament and Legislative Assemblies.

No Immunity For MPs/MLAs Taking Bribe For Vote/Speech In Legislature: Supreme Court

• The Supreme Court overturned the 1998 PV Narasimha Rao judgment.
• The bench said the 1998 judgment has wide ramifications on public interest, probity in public life and parliamentary democracy and there is grave danger of this court allowing an error to be perpetrated.

Background of the Supreme Court On Bribe For Vote Case

• Allegation Against Sita Soren Case: 

  • Allegation against Jharkhand Mukti Morcha (JMM) MLA Sita Soren for accepting a bribe from an Independent candidate in the 2012 Rajya Sabha elections. 

• Judicial Approach: 

• • High Court: She moved the Jharkhand High Court for quashing the criminal proceedings against her, citing provisions of Article 194 (2). But the HC declined to do so. 
  • Appeal to the Supreme Court (2014): She then approached the SC, where a two-judge Bench in September 2014 opined that since the issue was “substantial and of general public importance”, it should be placed before a larger bench of three judges.
  • Referral to Larger Bench (2019): A bench of three judges took up the appeal and noted that the HC judgment dealt with the 1998 verdict, and hence should be referred to a larger bench, and it was ultimately referred to the seven-judge bench.

Key Highlights of the Supreme Court On Bribe For Vote Case

• No Immunity on Bribery: 

  • Members of the House cannot claim immunity for actions such as accepting bribery, damaging public property, committing violence, etc.

• Bribery not Immune: 

  • Bribery is not protected under Article 105(2) and Article 194, even if it’s unrelated to the casting of votes or decision making.

• No Violation of the Doctrine of Stare decisis: 

  • The Supreme Court said that it can change prior rulings, such as in the P.V. Narasimha Rao case, if it has wide ramifications on public interest, probity in public life and parliamentary democracy.
    • The doctrine of stare decisis: It is a legal principle that obligates judges to adhere to prior verdicts while ruling on a similar case.

• Need for Necessity Test or Two-Fold Test: 

  • The Supreme Court said, the individual rights of Parliamentary privileges, has to pass a “necessity test or two-fold test”.
    • Essentiality: It means that for a member to exercise a privilege, the privilege must be such that without it “they could not discharge their functions.” 
    • Need to Discharge Duties: Whether the privilege claimed is necessary to the discharge of the essential duties of a legislator.
      • Naturally, accepting bribes cannot be said to be necessary to discharge one’s functions as a lawmaker, unlike, for example, having the right to free speech.

• On Graft-Vote or Vote of Conscience: 

  • Accepting a bribe is an offence as is, and it does not depend on whether the public servant acted differently.
  • Section 7 of the Prevention of Corruption Act: It deals with ‘offence relating to public servants being bribed’. The mere “obtaining”, “accepting” or “attempting” to obtain an undue advantage with the intention to act or forbear from acting in a certain way is sufficient to complete the offence. 
    • It is not necessary that the act for which the bribe is given be actually performed.

• Legislative Privileges must Conform with Constitutional Parameters: 

  • India’s parliamentary privileges derive from statute and constitutional privilege, subject to judicial review.

• Equality Under Article 14: 

  • The Court said it wo uld bea violation of the right to equality under Article 14 of the Constitution to create an illegitimate class of public servants and such a classification would be manifestly arbitrary.

• Parallel Jurisdiction: 

  • Both the judiciary and Parliament can exercise jurisdiction on the actions of lawmakers in parallel. This is because the purpose of punishment by the House is different from the purpose of a criminal trial.
    • House Jurisdiction: The purpose of the proceedings which a House may conduct is to restore its dignity. Such a proceeding may result in the expulsion from the membership of the House and other consequences which the law envisages
    • Criminal Trial: It differs from contempt of the House as it is fully dressed with procedural safeguards, rules of evidence and the principles of natural justice.
    • Erosion of Democracy: Corruption and bribery of members of the legislature erode the foundation of Indian Parliamentary democracy. 
    • It is destructive of the aspirational and deliberative ideals of the Constitution and creates a polity which deprives citizens of a responsible, responsive and representative democracy.

• Applicability to Rajya Sabha Elections: 

• • The Court clarified that the principles enunciated by the verdict will apply equally to elections to the Rajya Sabha and to appoint the President and Vice-President of India. 
  • Accordingly, it overruled the observations in Kuldip Nayar vs Union of India (2006).
    • Kuldip Nayar vs Union of India (2006): It held that elections to the Rajya Sabha are not proceedings of the legislature but a mere exercise of franchise and therefore fall outside the ambit of parliamentary privileges under Article 194.

Significance of the Supreme Court On Bribe For Vote Case

• Upholding Basic Structure Doctrine: As the judgment upholds the judicial review, one of the souls of Basic Structure Doctrine of the Indian Constitution.
• Combating Corruption: By eliminating the immunity for legislators facing bribery charges.
• Promoting Accountability & Transparency: By clarifying that bribery offences are not immune from prosecution, the judgment would ensure accountability and transparency.
• Strengthening Integrity of the House: It will strengthen the integrity of the house, as accepting bribery to make a speech undermines it.
• Protection of Fundamental Rights: By ensuring equal treatment under the law by eliminating the special privileges for bribery accused legislators. It is in accordance with the right to equality under Article 14 of the Constitution.

Challenges to Address 

• Uncertainty Over Judgments & Laws: Overturning established precedent is one of the major concerns that requires more deep study for symmetrical judgments and rules.
• Impact on Independence of Legislative: Subjecting legislators to criminal prosecution may impact the independence and effectiveness of legislators in fulfilling their duties.
• Challenges in Implementation: The effective implementation may pose logistical and procedural challenges for law enforcement agencies and the judiciary.

About Parliamentary Privileges

• Availability of Special Rights: 

  • Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members.
    • Same is enjoyed by the Legislatures of the States.

• Constitutional Provisions For Parliamentary Privileges

  • Article 105(2) of the Constitution: It states that, no member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Parliament or any committee thereof.
    • As per article, no person also shall be so liable in respect of the publication by or under the authority of a House of Parliament of any report, paper, votes or proceedings.
  • Article 194(2) of the Constitution: It provides identical protections to members of State Assemblies.

• Components of Parliamentary Privilege:

  • House Exercises Collectively: It would include the power to punish for its contempt, the power to conduct its own affairs, among others. 
  • For Individual Rights: It says exercise of free speech by each member. 

• Purpose of Parliamentary Privileges:

• • To Create A Fearless Atmosphere: In a fearless atmosphere, debates, deliberations and exchange of ideas can take place within the Houses of Parliament and the state legislatures.

Conclusion

The Supreme Court’s decision is a significant step towards ensuring transparency and accountability in India’s parliamentary system. It would help in maintaining a delicate balance between upholding legislative independence and combating corruption. 

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