Amidst ongoing efforts by India and Bangladesh to resolve issues that have strained their relationship, the demand for the extradition of Bangladesh’s Prime Minister, Sheikh Hasina, from India remains a contentious and unresolved issue.

Bangladesh’s Demand for Extradition

• Last week, Bangladesh’s interim regime sent a “note verbale” to New Delhi demanding the extradition of Sheikh Hasina to face charges, including corruption and crimes against humanity related to a police crackdown on student protesters.
• The India-Bangladesh Extradition Treaty of 2013, amended in 2016, outlines the procedure for extradition, which requires a more formal representation from Bangladesh to India.
• However, the legalities surrounding the extradition could lead to prolonged negotiations.

Enroll now for UPSC Online Course

India’s Stance on Sheikh Hasina’s Extradition

• Separation of Issues: India believes that Bangladesh should keep the extradition issue separate from other matters such as border and trade issues. 
  • The focus should be on resolving current issues rather than escalating tensions with the extradition request.
• Policy of Providing Refuge: India has long upheld its policy of providing refuge to individuals in need of asylum, as seen in its support for the Dalai Lama in 1959 despite international pressure.
  • Given Sheikh Hasina’s history and her status as a guest in India, it is unlikely that India will accede to Bangladesh’s extradition request.
• Acknowledging Hasina’s Contribution: India believes Bangladesh should acknowledge the sacrifices made by Sheikh Hasina and her family for Bangladesh’s liberation, including the assassination of her father, Sheikh Mujibur Rahman, in 1975.
• Extradition and Legal Responsibility: India maintains that bringing Sheikh Hasina to justice should be the responsibility of a duly elected Bangladeshi government, not an interim regime. 
  • Bangladesh should address the legal issues and pursue accountability through appropriate legal frameworks and political processes.

Way forward

• India must recognize the political implications of Hasina’s statements made from Indian soil, as they could exacerbate tensions between the two countries.
• A careful cost-benefit analysis is needed to evaluate whether allowing such statements aligns with India’s broader diplomatic interests.

Check Out UPSC CSE Books From PW Store

Conclusion

Both India and Bangladesh must approach this issue diplomatically, ensuring that it does not derail their wider strategic and economic cooperation. The extradition matter should be handled in a manner that respects both legal processes and the historical context of their bilateral ties.

DOWNLOAD PDF

Ahead of the February Delhi Assembly elections, the AAP and BJP have accused each other of manipulating voter rolls. The Congress has also raised concerns about voter list alterations in Maharashtra. This raises the question of linking voter IDs to Aadhaar for transparency.

Arguments in Favor of Linking Voter ID with Aadhaar

• Eliminates Duplicate and Bogus Voters: Linking Aadhaar with Voter ID can help identify and remove duplicate or fake entries from electoral rolls, ensuring that each citizen has only one vote.
• Reduces Electoral Fraud: Aadhaar’s biometric authentication can act as a strong deterrent against impersonation and other forms of voter fraud during elections.
• Improves Accuracy of Electoral Rolls: Aadhaar linkage would enable the Election Commission to maintain up-to-date and accurate electoral rolls, reflecting real-time migration or demographic changes.
• Enhances Voter Convenience: Voter lists with Aadhaar linkage could facilitate seamless voter identification, making the voting process smoother and more accessible.
• Cost Efficiency in Election Management: Accurate voter databases can help reduce administrative costs associated with managing and updating electoral rolls and conducting elections.
• Transparency in Electoral Processes: Linking Aadhaar to Voter IDs could bring greater trust in the electoral process, addressing allegations of manipulation or biased practices.

Check Out UPSC Modules From PW Store

Arguments Against Linking Voter ID with Aadhaar

• Risk to Privacy and Data Security: Concerns arise regarding the misuse of personal data if voter databases are linked with Aadhaar, especially given India’s lack of a robust data protection framework.
• Exclusion of Marginalized Groups: Many people, particularly in rural and tribal areas, may not have Aadhaar or face difficulties in linking it with Voter IDs, leading to potential disenfranchisement.
• No Guaranteed Solution to Electoral Fraud: While Aadhaar linkage may address duplicate entries, it does not completely eliminate other forms of electoral malpractices like vote-buying or intimidation.
• Legal and Constitutional Issues: The Supreme Court of India has ruled that Aadhaar should not be made mandatory except for availing subsidies and welfare benefits. Linking it with voting rights could face legal challenges.
• Dependence on Faulty Biometric Systems: The Aadhaar system’s biometric verification is not foolproof and has been known to fail for individuals with worn-out fingerprints or other biometric inconsistencies.
• Potential for Political Misuse: There are fears that linking Aadhaar with voter IDs could lead to voter profiling and targeted political exploitation, undermining free and fair elections.

DOWNLOAD PDF

The issue of filling government vacancies in India is often overlooked despite its significant impact on both governance and the economy. 

• Addressing this concern could drastically improve productivity, enhance service delivery, and contribute to smoother governance. 

Vacancy Crisis and Shortage Challenges:

1. India’s Justice System

• Backlog of Cases:
  • Over 5.8 million cases — some 4.26 million civil matters and almost 1.6 million criminal cases —  are pending in high courts, with more than 45 million cases in subordinate courts.
  • Over 62,000 cases have been pending for 30+ years.
• Acute Shortage of Judges:                                                               
  • Many High courts operate with less than 50% of their sanctioned strength.
  • As of January 2024, 331 out of 1,114 high court judge vacancies remain unfilled.
  • Over 5,000 vacancies exist in subordinate courts.

Enroll now for UPSC Online Classes

2. Regulatory Bodies and Tribunals

• National Company Law Tribunal:        
  • 43 members against a sanctioned strength of 63, contributing to 716 days for insolvency resolution (well beyond the stipulated 330 days).
• Debt Recovery Tribunal: Faces paralysis due to lack of presiding officers.

3. Executive Branch

• Significant vacancies in state police departments (estimated 20% of sanctioned strength).
• Bureau of Police Research and Development and other agencies facing personnel shortages.

4. Lower-Level Bureaucracy

• Indian Railways: Hundreds of thousands of unfilled posts, even not enough to ensure safety functions.
• Government Hospitals and Schools: Frequent headlines about staff shortages affecting public services.
• Vacancies Across All Government Departments: Departments struggle to maintain full staffing due to administrative delays, policy inefficiencies, and resource constraints.     

Reasons Behind Unfilled Vacancies

• Inefficiency and Bureaucratic Hurdles: Recruitment exams are often cancelled or postponed due to issues like question paper leaks.
• Budgetary Constraints: Governments delay hiring when revenues are lackluster or due to concerns about future pension liabilities.
• Automation and Digitization Concerns: Fears of technology reducing manpower needs lead to hesitation in filling vacancies, though many areas require human resource inputs.

Check Out UPSC NCERT Textbooks From PW Store

Way Forward

• Fill Vacancies Urgently: The government must take immediate action to fill vacancies in critical sectors such as the judiciary, police, healthcare, and education, which are not affected by automation. 
  • This will ensure that essential services are not delayed and improve overall governance.
• Update Sanctioned Strength: The sanctioned strength of various government departments should be regularly reviewed and updated to reflect the current needs, considering the population growth and evolving demands of modern governance.  

Conclusion

Vacancy-related delays negatively affect India’s governance, leading to inefficiencies and economic losses.The Indian government must take decisive action to fill existing vacancies and address the underlying causes of this issue, ensuring smoother operations in courts, hospitals, police, and other key sectors for the betterment of the economy and society.

DOWNLOAD PDF

On December 16, 2024, Indore’s district collector banned giving alms to beggars under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) as part of the Union government’s SMILE scheme which aims to support marginalized individuals.

Support for Marginalized Individuals for Livelihood and Enterprise (SMILE) scheme

• SMILE scheme is a government initiative in India that aims to rehabilitate people who beg by providing them with education, medical care, and skills training: 
• The scheme’s goal is to make India “beggar-free” by 2026.

Enroll now for UPSC Online Course

Idea of Beggar-Free City

• In preparation for the 2010 Commonwealth Games, Delhi aimed to create a “world-class city” by removing beggars. 
• Consequently, the government declared “zero-tolerance zones” for “beggars.” 
  • Mobile courts and enforcement vans arrested the poor and homeless, along with slum dwellers and street vendors, who were deemed incompatible with the image of a “world-class city.”
• Lessons for SMILE: Delhi’s approach offers lessons for the SMILE scheme, showing how attempts to create “beggar-free” cities can harm the poor. 
  • To understand this, we need to question the definition of a “beggar” and recognize the state’s colonial-era attitudes toward poverty.

Legal Definition 

• Begging falls within the scope of vagrancy(Homelessness) which is mentioned in the Concurrent List (List III, Entry 15) of the Constitution. 
• This entry grants both the Union and state governments the power to enact laws dealing with vagrancy, as well as with nomadic and migratory tribes. 

Check Out UPSC CSE Books From PW Store

The Historical Context of Begging and Vagrancy

• The legal framing of “beggary” has historical roots, particularly with the association of nomadic tribes and vagrancy during the colonial period. 
• The criminalization of nomadic tribes in colonial India was part of the British colonial policy, which aimed to control and regulate the movement of various groups within the empire.
• Meena Radhakrishna, in her book elaborates that the colonial state enacted the Criminal Tribes Act of 1871 to classify certain nomadic communities as criminal. 
  • This law was driven by both prejudices and economic motives, such as maximizing land revenue and safeguarding private enterprise. 
  • The British sought to sedentarize these groups, compelling them to adopt wage labor and abandon their nomadic lifestyles. 
• The discussion surrounding the framing of “beggars” as lazy and undeserving echoes attitudes from medieval England. 
  • In late medieval England, similar prejudices were institutionalized through the Ordinance of Labourers of 1349, England’s first major vagrancy statute, which was enacted after the Black Plague.
• The Black Plague had a significant impact on England’s economy. The pandemic led to a shortage of laborers, which resulted in an increased demand for higher wages and better working conditions, especially in towns.
  • This shift threatened the feudal order, which relied on a steady supply of cheap serf labor. 
  • In response, the English ruling class framed the poor—especially the non-working poor—as lazy, sinful, and morally inferior.
• William Chambliss, in his paper stated that this portrayal was a tool used to maintain social control over the impoverished. 
  • By labeling them as “lazy,” the law sought to restrict their movement and perpetuate the existing feudal structure.
• Marie-Eve Sylvestre in her essay  observes that Anglo-Saxon legal systems continued this trend, with a series of statutes that portrayed the poor as morally inferior, lazy, and dishonest individuals. 
  • These laws criminalized the poor and often treated them as potential threats to public order.

Post-Colonial Legislation on Begging

• The Bombay Prevention of Begging Act, 1959: The act serves as the legal foundation for current anti-begging statutes, defining “begging” not only as soliciting alms but also as activities like street performance or appearing destitute. 
  • This broad definition targets not just beggars but also nomadic communities.
• Impact on contemporary laws: This categorisation gives the police and district authorities a free hand to round up these groups to “beautify” public spaces, as we saw in the case of Delhi.

Recent Jurisprudence and Shifting Perspectives

• Delhi High Court’s 2018 Judgment: The court struck down several provisions of the Bombay Act, declaring them “manifestly arbitrary” and a violation of Article 21, which guarantees the right to live with dignity. 
  • The court questioned the criminalization of begging without addressing the root causes of poverty.
• Supreme Court’s Stance in 2021: In 2021, the Supreme Court refused to entertain a PIL seeking the removal of beggars from public spaces, reinforcing the idea that begging is a socio-economic issue and not one that should be treated with an elitist view .

The SMILE Scheme: Opportunities and Concerns

• Constructive Approach: While the SMILE scheme provides an opportunity to address urban poverty constructively by offering rehabilitation, medical care, and skill-building, it also risks perpetuating outdated definitions and punitive frameworks.
• Reevaluating the Legal Construction of “Begging”: A key challenge for the SMILE scheme is to rethink the legal and juridical construction of “beggars” and “vagrants.” 
  • The reliance on laws that criminalize begging and associated behaviors could undermine the scheme’s goals and fairness, raising concerns about its efficacy.

Enroll now for UPSC Online Classes

Conclusion

The concept of making cities “beggar-free” must be revisited. A holistic approach to urban poverty, which prioritizes dignity, rehabilitation, and structural change over criminalization, is essential for any scheme to succeed in the long term.

DOWNLOAD PDF