GS Paper 1

Source: Indian Express

 Context: Vijay Diwas or Victory Day is commemorated on December 16, marking the end of the 1971 Indo-Pak War and the liberation of Bangladesh. India declared victory on this day 51 years ago after Pakistan signed the Instrument of Surrender.

 What led to the 1971 Indo-Pak War?

After the partition of India following the end of British rule in 1947, two independent countries were formed – India and Pakistan. The latter consisted of East Pakistan (now Bangladesh) and West Pakistan (present-day Pakistan).

 Issues within Pakistan:

• Geographical disconnect between them.
• Cultural conflict. For instance, when Urdu, used in West Pakistan, was made the official language of the country, it was seen as an imposition on the culture of the people in the East (Bengali-speaking majority).

 Background of the war:

• In the first-ever free and fair elections in Pakistan in 1970, Awami League, led by Sheikh Mujibur Rahman from East Pakistan came to power. However, Military General Yahya Khan did not accept the result and started “Operation Searchlight”, committing genocide to cleanse the land of Bengali and Hindu populations and political distracters.
• China gave its support to Pakistan against India, while the US believed a victory for India would be considered an expansion of Soviet hegemony in South Asia.
• In the background of large-scale genocide, looming refugee crisis, and threat to internal security. India felt strategically isolated. Therefore, India and the Soviet Union inked the Indo-Soviet Treaty of Peace, Friendship and Cooperation to neutralize the emerging US-China–Pakistan axis and defend their vital geopolitical interests.

India’s role in the 1971 War

• Launched Operation Jackpot, an operation to recruit, train, arm, equip, supply and advise Mukti Bahini fighters engaged in guerrilla warfare against the Pakistan military.
• When the Pakistan Air Force launched pre-emptive strikes towards Western India (including Amritsar, Pathankot, Srinagar, Avantipura, Ambala, Sirsa and Agra), India formally declared war on December
• An important figure in this war was India’s Field Marshal Sam Manekshaw, who is often evoked in relation to it. His planning and strategy helped secure one of the quickest victories in recent military history.

Shimla Agreement:

• The Agreement was a peace treaty signed between India and Pakistan on 2 July 1972 in Shimla, the capital city of the Indian state of Himachal Pradesh
• The agreement converted the cease-fire line of 17 December 1971 into the Line of Control (LOC) between India and Pakistan and it was agreed that “neither side shall seek to alter it unilaterally, irrespective of mutual differences and legal interpretations”.

Insta Links:

Vijay Diwas 2020

Mains Link: UPSC 2013

Q. Critically examine the compulsions which prompted India to play a decisive role in the emergence of Bangladesh.

GS Paper 2

Syllabus: Structure, Organization and Functioning of the Judiciary

Source: IE

 Direction: The article covers the issue of vacations in SC, its need, criticism, suggestions to reform the system and how SCs of other countries perform.

 Context: The Chief Justice of India (CJI) recently said that no Vacation Benches will be available in the SC during the winter break.

Background:

• The announcement came a day after the Union Law Minister criticised the long vacations of the court and the inconvenience it caused to litigants.
• According to an SC’s earlier circular, a senior SC Registry official is specially deputed as a ‘Vacation Officer,’ who could be approached in matters seeking urgent relief and in such instances, a Bench would be constituted if required.

What are court vacations?

• The SC has 193 working days a year for its judicial functioning, while the HCs function for approximately 210 days and trial courts for 245 days.
• The SC breaks for its annual summer vacation which is typically for seven weeks (May-July), a week-long break each for Dussehra and Diwali and two weeks at the end of December.

The fate of the important cases during court vacations:

• The Supreme Court Rules, 2013, provides that the CJI may appoint one or more Judges to hear during vacation (vacation benches) all matters of an urgent nature (bail, eviction, etc) and s/he may likewise appoint a Division Court for the hearing of urgent cases.
• For example, in 2015, a five-judge Bench of the SC heard the challenge to the constitutional amendment setting up the NJAC during the summer vacation.

Criticism of the court vacations:

• The colonial origins: the European judges of the Federal Court of India found Indian summers too hot and took the winter break for Christmas.
• Mounting pendency of cases: the court’s pendency as on December 1 is 69,598
• The calendar for the year 2023 shows the court would not be fully functional for nearly 180 days.

Arguments in favour of court vacations:

• The judges do not take leave of absence (family tragedies, and health are rare exceptions) like other working professionals when the court is in session.
• In a profession that demands intellectual rigour and long working hours, vacations are needed for rejuvenation.
• The judges utilise the vacation to write judgments.
• Cutting the vacation period would be a solution to pendency that is not backed by data.
• The issue of pendency relates largely to legacy cases that need to be tackled systemically.

Reforms were undertaken: In 2014 when the SC reduced the period of summer vacation from 10 to 7 weeks.

 Suggestions:

• The Justice Malimath Committee: vacation period should be reduced by 21 days and the SC work for 206 days and HCs for 231 days every year.
• The Law Commission of India: Vacations in the higher judiciary are to be curtailed by at least 10 to 15 days and the working hours should be extended by at least half an hour.
• Former CJI R M Lodha:
  • Keep the SC, HCs and trial courts open around the year.
  • The schedules of individual judges should be sought at the beginning of the year, and the calendar should be planned accordingly.

Compared with other countries:

• Indian SC: It has the highest caseload among the apex courts around the world and also works the most. For example, with 34 judges in 2021, 29,739 cases came before the SC and 24,586 cases were disposed of in the same year.
• US SC: Hears approximately 100-150 cases a year, and sits for oral arguments for five days a month.
• In the UK, High Courts and Courts of Appeals sit for 185-190 days a year.

Insta Links:

Reforms brought by CJI Lalit in SC

GS Paper 2

Syllabus: Mechanisms, Laws, Institutions and Bodies constituted for the Protection and Betterment of these Vulnerable Sections

Source: IE

 Direction: The article discusses the heinous crime of acid attacks and success and shortcomings of laws to prevent them and the way ahead

 Context: A 17-year-old girl was recently attacked with an acid-like substance in Delhi while she was on her way to school.

Background:

• According to National Crime Records Bureau (NCRB) data, there were 150 such cases recorded in 2019, 105 in 2020 and 102 in 2021.
• West Bengal and UP generally account for nearly 50% of all cases in the country year on year.
• The charge sheeting rate of acid attacks stood at 89% and the conviction rate at 20% in 2021.
• In 2015, the Ministry of Home Affairs (MHA) issued an advisory to all states to ensure speedy justice in cases of acid attacks by expediting prosecution.

The law on acid attacks:

• Until 2013, acid attacks were not treated as separate crimes.
• However, acid attacks were put under a separate section (326A) of the IPC and made punishable with a minimum imprisonment of 10 years which is extendable to life along with a fine.
• The law also has provisions for punishment for denial of treatment to victims or police officers refusing to register an FIR.
• Denial of treatment can lead to imprisonment of up to one year and dereliction of duty by a police officer is punishable by imprisonment of up to two years.

The law on the regulation of acid sales:

• In 2013, the SC took cognizance of acid attacks and passed an order on the regulation of sales of corrosive substances.
• As a result, the MHA issued an advisory to all states on how to regulate acid sales and framed the Model Poisons Possession and Sale Rules, 2013 under The Poisons Act, 1919.
• According to the MHA’s directions and the model rules,
  • Over-the-counter sale of acid is not allowed unless the seller maintains a logbook/register.
  • The sale is also to be made only when the buyer produces a photo ID, to prove that s/he is above 18 years of age.
  • Sellers are also required to declare all stocks of acid with the concerned SDM and the SDM can confiscate the stock and impose a fine of Rs 50,000 for a breach of directions.
  • Educational institutions, research laboratories, hospitals, etc, are required to keep and store acid, to maintain a register of usage of acid.
• The MHA asked states to frame their own rules based on model rules, as the matter fell under the purview of states.

Victim compensation and care:

• Based on SC directions, the MHA asked states –
  • To make sure acid attack victims are paid compensation of at least Rs. 3 lakhs (Rs 1 lakh within 15 days and Rs 2 lakh within 2 months thereafter) by the concerned State Government/UT.
  • To provide free treatment to acid attack victims in any hospital, public or private.
  • To earmark 1-2 beds in private hospitals for the treatment of underprivileged victims of acid attacks.
  • To extend social integration programs to the victims for which NGOs could be funded to look after their rehabilitative requirements.

How did the above help in prevention?

• The regulations on acid sales largely help in tracking the accused and not so much in prevention.
• Social attitudes are changing and the focus of the police in dealing with crimes against women is expected to cause deterrence.

Shortcomings: The implementation of the regulations is not very strict and acid is still easily available in many places.

The Shakti Criminal Laws (Maharashtra Amendment) Act, 2021:

• In cases of acid attacks, the punishment has been enhanced to a minimum of 15 years and extended to the remainder of the natural life of the perpetrator along with a fine.
• The bail-in cases of acid attacks, rape and gang rape can be decided only by the sessions court and higher courts.
• Grant of anticipatory bail in such cases has also been prohibited.

Conclusion: These are crimes of passion and in a majority of cases the accused is not even thinking about the consequences. So, the key to solving this problem will always remain in societal awareness.

Insta Links:

HC seeks govt. stand on plea to ban the acid sale

GS Paper 3

Source: Indian Express

Context: Bharti Airtel and Tech Mahindra have announced a strategic partnership under which they have deployed a “5G for Enterprise” Solution i.e., a ‘captive private network’ at Mahindra and Mahindra’s Chakan facility in Maharashtra, making it India’s first 5G- enabled auto manufacturing unit.

• The partnership is in line with Tech Mahindra’s NXT.NOWTM framework, which aims to enhance the “Human Centric Experience”, focuses on investing in emerging technologies and solutions that enable digital transformation and meet the evolving needs of the customer.
• As the industry 4.0 paradigm gathers momentum, reliable data networks will prove to be a key differentiator in factory and manufacturing performances.

About 5G:

• The fifth generation of mobile networks, or 5G, is what comes after the 2G, 3G, and 4G generations. 5G is expected to deliver substantially higher connection speeds.

About private 5G network:

• Also called a captive non-public network (CNPN), it is a network that is set up solely for a firm’s own use. Unlike a public network, it is closed to external communication.
• The network relies on high-frequency, low-wavelength airwaves and is therefore ideal for institutions like factories, manufacturing plants, hospitals, universities etc.

Significance of the move:

• Airtel and Tech Mahindra’s partnership shows the opportunity for collaboration between telcos and private enterprises.

How will the private 5G network work at the Chakan plant?

• Improved speeds for software flashing – a critical operation for all vehicular dispatches – and allow managers to undertake multiple software flashing sessions in parallel, thereby reducing the turn-around time for an operation.

Difference between 4G and 5G:

Opportunities of using 5G:

• High-speed and Digital India
• Better Governance: Better speed and connectivity would reduce red-tapism
• Employment generation: 5G will open greater opportunities for new device manufacturers and application developers.
• Enhanced coverage: Device-to-device communication techniques will further enhance network performance.
• Reduced digital gap: small cell concept used in 5G will have multiple advantages of better cell coverage, maximum data transfer, low power consumption and cloud access network etc.
• Entertainment and multimedia industry: Analysts found that 55% of mobile Internet traffic has been used for video downloads globally in 2015.
• Enhanced Security: 5G wireless technology is one the best solution for security surveillance due to higher bandwidth and unlicensed spectrum.
• Logistics and Shipping: Logistic and shipping industry can make use of smart 5G technology for goods tracking, fleet management etc.
• Boost Smart cities
• Industrial Growth
• Agricultural applications: 5g technology can be used for agriculture and smart farming in future. Using smart RFID sensors and GPS technology.
• Healthcare and mission-critical applications
• Education

Challenges for India:

• Indian operators have far less spectrum in comparison to international operators.
• Indian spectrum is also rather expensive.
• The high investment cost makes telecom companies unsure about Return on Investment.
• The switch from 4G to 5G will be infrastructure intensive and the development of infrastructure for 5G is very expensive.
• The transition experience from one technology generation to another is not very good as one has to buy a whole new phone to start using the latest cellular technology, thereby creating financial liability.

Insta Links:

5G Technology

Mains Link:

Q. Discuss the benefits of 5G technology, its potential and challenges for implementation on a large scale in India.