THE HINDU (SUNDAY) - APRIL 3, 2022

 

THE HINDU NEWS (SUNDAY) - APRIL 3, 2022

 

New Criminal Bill How does the new Criminal Procedure (Identification) Bill, 2022 propose to collect sensitive data? VIJAITA SINGH The story so far: On March 28, Minister of State for Home Ajay Kumar Mishra introduced The Criminal Procedure (Identification) Bill, 2022 in Lok Sabha. If passed, it will allow police and prison authorities to collect, store and analyse physical and biological samples including retina and iris scans of convicted, arrested and detained persons. At the introduction stage, Opposition members opposed. At the introduction stage, Opposition members opposed the Bill terming it “unconstitutional” and an attack on privacy. What is the legislation about? -The Bill seeks to repeal The Identification of Prisoners Act, 1920. The over 100-year-old Act’s scope was limited to capturing of finger impression, foot-print impressions and photographs of convicted prisoners and certain category of arrested and non-convicted persons on the order of a Magistrate. The Statement of Objects and Reasons of the 2022 Bill said that new “measurement” techniques being used in advanced countries are giving credible and reliable results and are recognized the world over. It said that the 1920 Act does not provide for taking these body measurements as many of the techniques and technologies had not been developed then. What are the major changes proposed? -It proposes four major changes. First, it would define “measurements” to include “signature, handwriting, iris and retina scan, physical, biological samples and their analysis, etc.” It does not specify what analysis means, implying that it may also include storing DNA samples. The “etc.” mentioned in the text of the Bill could give unfettered powers to law enforcement agencies to interpret the law as their convenience, sometimes to the disadvantage of the accused.     Second, it empowers the National Crime Records Bureau of India (NCRB), under the Union Home Ministry, to collect, store and preserve the record of measurements for at least 75 years. The NCRB will be able to share the data with other law enforcement agencies as well. Police is a State subject and NCRB works under the Union government, and experts contend this provision may impinge on federalism.     Third, it empowers a Magistrate to direct any person to give vital details, which till now was reserved for convicts and those involved in heinous crimes. Fourth, it empowers police or prison officers up to the rank of a Head Constable to take details of any person who resists or refuses to do so. What are some other changes? -The Bill also seeks to apply to persons detained under any preventive detention law. The Bill also authorizes taking vital details of “other persons” for identification and investigation in criminal matters. It doesn’t define the “other persons”, implying its ambit extends beyond convicts, arrested persons, or detainees. The Bill’s stated objective is it provides legal sanction for taking such details and will make the investigation of crime more efficient and expeditious, and help in increasing the conviction rate. Congress member Manish Tewari pointed out in the Lok Sabha that Article 20(3) of the Constitution stats that “no person accused of any offence shall be compelled to be a witness against himself.” BSP member Ritesh Pandey opposed the Bill saying it proposes to collect samples even from those engaged in political protests. Is there a precedent? -The Karnataka Assembly passed The Identification of Prisoners (Karnataka Amendment) Bill in 2021, to amend the 1920 Act for application in the State. The Bill expands the collection to include blood samples, DNA, voice and iris scans “for effective surveillance and prevention of breach of peace and crime.” It empowers the Superintendent of Police or Deputy Commissioner of Police to order collection in addition to a magistrate to avoid delays and reduce the workload on the Judiciary. As the provisions of the Bill were repugnant with the 1920 Act, a Central Government’s Act, Governor Thawar Chand Gehlot reserved the Bill for consideration of the President of the India. Under the process, the Bill is sent for inter-ministerial consultation. The Bill is yet to be cleared by the MHA. Now, the Government has introduced a fresh legislation to replace the 1920 Act that will be applicable across the country. The States have been empowered to notify rules under the Act to specify the manner in which details could be recorded, preserved, disseminated and destructed and “any other matter which is to be prescribed, or in respect of which provision is to be made.”     Tamil Nadu introduced and notified The Identification of Prisoners (Tamil Nadu Amendments) Act in 2010. The act allows the police the draw “blood samples” other than the specified measurements from the limited categories of suspects and convicts defined in the 1920 Act. Though President’s assent is awaited for the Karnataka Bill, the Tamil Nadu Act has been in practice for more than a decade after it received the assent of the Governor.

Why is Sri Lanka under a state of Emergency? What has brought on the economic crisis is the island nation? How are India and other countries helping? MEERA SRINIVASAN The story so far: On Friday night, a day after angry citizens converged in front of President Gotabaya Rajapaksa’s Colombo residence, demanding he step down immediately, he declared a state of Emergency in Sri Lanka. An extraordinary gazette notification said the Emergency, coming into immediate effect, was “in the interest of public security, the protection of public order and the maintenance of supplies and services essential to the life of the community.” On Saturday, the government imposed an all-island curfew, restricting movement until Monday morning. Sri Lanka is in the midst of a sharp economic downturn that has led to severe food shortages and growing public resentment. What triggered the crisis? -Sri Lanka’s economic crisis can be traced to two key developments in the immediate past – the Easter Sunday bombings of 2019 that deterred tourists and the pandemic since early 2020 that stalled recovery and further drained the economy. As it grappled with an unprecedented challenge, the Rajapaksa regime made policy choices that are now proving to be costly. It cut the government’s tax revenue substantially and rushed into an ‘organic only’ agricultural policy that will likely slash this year’s harvest by half. The weak and debt-ridden economy with the lingering strain of the pandemic and ill-advised policies accelerated the downward spiral. What were the economic indicators? -COVID-19 hit Sri Lanka’s key foreign revenue earning sectors hard. Earnings from tourism, exports, and worker remittances fell sharply in the last two years. But the country could not stop importing essentials, and its dollar account began dwindling. Fast draining foreign reserves, a glaring trade deficit, and a related Balance of Payments problem came as crucial signals. Colombo’s huge foreign loan obligations and the drop in domestic production compounded the economic strain. When did things begin to worsen? -The long-simmering crisis made its first big announcement during last August’s food emergency, when supplies were badly affected. It was soon followed by fears of a sovereign default in late 2021, which Sri Lanka averted. But without enough dollars to pay for the country’s high import bill, the island continued facing severe shortage of essentials – from fuel, cooking gas, and staple foodgrains to medicines. How did the crisis manifest itself on the ground? -Consumers could not find the most basic things such as petrol, LPG cylinders, kerosene, or milk in the market. They spent hours waiting in long queues outside fuel stations or shops. Supermarket shelves were either empty or had products with high price tags that most could not afford. For instance, the price of one kg of milk powder, a staple item in dairy-deficient Sri Lanka, suddenly shot up to nearly LKR 2000 in March.    Be it cooking gas, oils, ice, pulses, vegetables, fish, meat, consumers found themselves paying substantially more, or simply had to forego the item. The fuel shortage has led to long blackouts – up to 13 hours the island. What is the situation now? -The value of the Sri Lankan rupee has dropped to 300 against a U.S. dollar (and even more than 400 in the black market), putting importers in a difficult spot.     The government is unable to pay for its import shipments, forcing consignments to leave the Colombo port. For the average citizen contending with COVID-induced salary cuts and job losses, the soaring living costs have brought more agony. Has the government sought help? -Yes, including from India which has extended $2.4 billion this year, and China, that is considering a fresh request from Colombo for $2.5billion assistance, in addition to the $2.8 billion it has extended since the pandemic broke out. The government has decided to negotiate an International Monetary Fund programme, while seeking support from other multilateral and bilateral sources. But even with all this help, Sri Lanka can barely manage. Recovery will neither be fast nor easy, say experts. How has it affected the people? -Sri Lankans are seething with anger, going by public demonstrations and protests. They want the President to step down immediately and the ruling clan to leave the country’s helm. They have been agitating in different parts of the country, including near the President’s home. Former military man Gotabaya Rajapaksa, who came to power on a huge mandate in 2019, is Sri Lanka’s most unpopular leader today. In a televised address on March 16, he promised “tough decisions to find solutions to the inconveniences that people are experiencing.” Following the protests near his home, Mr. Rajapaksa said “extremists” were plotting an “Arab Spring and on Friday night, he declared a state of Emergency.                                              Roubles for fuel, defence deals with Russia How is India circumventing the sanctions route to ensure supplies are not stopped? What is in the pipeline? DINANKAR PERI The story so far: The last two weeks saw a flurry of visits by senior officials from the West to convince India not to undermine sanctions on Russia by opting for payments in national currencies as also not to increase purchase of discounted oil from Russia. On Friday, Russia Foreign Minister Sergey Lavrov was in New Delhi, the first high-level visit since the start of the Russian offensive in Ukraine. What is the status of oil purchases from Russia? -“We have started buying Russian oil and have bought at least three to four days of supply,” Finance Minister Nirmala Sitharaman said on Friday. Mr. Lavrov reiterated that Russia is moving ahead with the use of national currencies in lieu of dollar payments with both India and China and these efforts would be “intensified”.     “I have no doubt that a way would be found to bypass the artificial impediments which illegal unilateral sanctions by the West create. This relates also to the area of military and technical cooperation. We have no doubt that the solution would be found and respective ministries are working, “ Mr. Lavrov said, addressing a press conference after bilateral talks with his Indian counterpart S. Jaishankar.      The developments came a day after the U.S. Deputy National Security Adviser for international Economics Daleep Singh warned of “consequences” to countries that actively attempt to circumvent or backfill the sanctions.      In sharp comments on Thursday during a conversation with visiting U.K. Foreign Secretary Liz Truss, Mr. Jaishankar termed it a “campaign” against India for buying Russian oil at discounted prices while European countries remain the biggest buyers of oil and gas from Russia despite their announcements to scale it down.     India and Russia have been working on streamlining payments through the rupee-rouble mechanism circumventing the SWIFT systems and the dollar route. Towards this, earlier in the week, a team from Russia’s central bank met officials from the Reserve Bank of India to iron out issues and identify banks that have no exposure to the Western sanctions through which payments can be made. Mr. Jaishankar informed Parliament recently that a special inter-ministerial group led by the Finance Ministry has been tasked with resolving payment issues for trade with Russia.     According to Reuters, India bought at least 13 million barrels of Russian oil since the Ukraine war began on February 24, a steep rise from last year, when India bought 16 million barrels of Russian oil in all of 2021. What about defence deals? -The defence Ministry and the Services have carried out assessments and are closely monitoring the impact the sanctions can have on timely deliveries and supplies from Russia as several major deals are also underway. Officials have stated that while some shipping delays were possible, there would not be any dent in the Army’s operational preparedness along the borders especially the Line of Actual control.     In addition, the armed forces have also made significant emergency procurements in the last two years since the standoff in eastern Ladakh and have stocked up on spares and ammunition. So, there shouldn’t be any immediate urgency for spares and other requirements, officials noted.     For the two countries, payment by a rupee-rouble arrangement is not new. For instance, for the $5.43 billion deal for S-400 air defence systems signed in October 2018, with the looming threat of U.S. sanctions under CAATSA (Countering America’s Adversaries Though Sanctions Act), the two sides had worked out payments through the rupee-rouble exchange. In fact, the delivery schedule got slightly delayed as the payment details were being worked out. Last December, India began taking deliveries and the first unit has been deployed on the western border. The second unit is scheduled to arrive shortly, officials stated.      In addition, several new deals are in the pipeline including 12 Su-30MKI aircraft and 21 MiG-29 fighter jets for the Indian Air Force. However, the Defence Ministry is carrying out a review of all direct import deals and some of them including those from Russia are expected to be dropped as part of the push towards domestic manufacturing.     According to a recent report from Stockholm International Peace Research Institute (SIPRI), India’s defence imports reduced by 21% between 2012-16 and 2017-21 and while Russia continues to remain the largest arms supplier, the percentage has dropped. “Russia was the largest supplier of major arms to India in both 2012-16 and 2017-21, but India’s imports of Russia arms dropped by 47% between the two periods as several large programmes for Russians arms wound down,” the report said.     How has BIMSTEC finetuned its agenda? What are the aims and functions of the multilateral grouping in handling challenges in the Bay of Bengal region? KOLLOR BHATTARCHERJEE The story so far: Amid the financial crisis of 1997, leading Southeast Asian and South Asian nations came together to form the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC). The underlying factor behind the grouping was that if connected together, the economic powerhouses of South Asia and Southeast Asia could deal with the challenges of pursuing free market economies in the limits imposed by local political and economic factors. In its 25th year, and at its fifth summit held in hybrid format in Colombo, the organization adopted a charter which aims at providing greater coordination among the seven members – Bangladesh, Bhutan, India, Nepal, Sri Lanka, and Myanmar and Thailand. Why is there a need to revitalize the multilateral grouping? -The new charter comes at a time when the need for an alternative regional-global organization is increasingly being felt because of the moribund nature of SAARC which has not met since November 2014. For long, BIMSTEC existed as a platform for policy dialogue but the global churning over sanctions on Russia after the war in Ukraine appears to have contributed towards finetuning the focus of the grouping. It wants to be an organization which can find autonomous space away from bigger trade and defence groupings and wok for the development of the region around of Bay of Bengal. What does BIMSTEC’s connectivity vision aim to achieve? -The BIMSTEC Master Plan for Transport Connectivity seeks to connect several major transport projects in India, Bangladesh, Myanmar and Thailand and establish a shipping network across the Bay of Bengal that will benefit the littoral states as well as the Bay of Bengal dependent states like Nepal and Bhutan. The BBIN connectivity project of Bangladesh, Bhutan, India and Nepal is expected to be merged with the port and infrastructure projects like the Sittwe port of Myanmar and Payra port of Bangladesh and Colombo of Sri Lanka. Is the Free Trade Agreement plan feasible? -A framework agreement for a Free Trade Agreement among the members of BIMSTEC was signed in 2004, and has been revived again. The idea is to create stronger trade relations among players in the Bay of Bengal region but negotiations on finalizing legal instruments for coastal shipping, typing up road transport and other issues will take time to be shorted out. What is the security pillar aiming to achieve? -The Bay of Bengal has enormous significance from the security point of view. It borders the Strait of Malacca which is the main energy lane for the eastern and Southeast Asian nation. That apart, Indonesia, Thailand, Sri Lanka and Bangladesh have often suffered from terrorism. The security relevance of BIMSTEC, therefore, has been growing especially after the Easter Sunday bombings in Sri Lanka in 2019. India will steer the security pillar of BIMSTEC and is expected to coordinate regionwide security cooperation on jointly agreed issues. Will it mediate in bilateral issues? -BIMSTC members like Myanmar and Bangladesh have challenges like the Rohingya crisis that both sides have been dealing with since 2017. The tense relations between the two countries had hampered smooth working of the BIMSTEC for some time. But as of now the grouping, by including Myanmar in the summit in Colombo, has indicated that it will not interfere in domestic political problems and nor will it allow any member to be sidelined within the organization. SAARC has been weighed down by bilateral problems between India and Pakistan and a lesson probably has been learnt to keep bilateral troubles away from a regional grouping for better coordination among the members.