Governance
Q1. “Retaining the sedition law is necessary to safeguard the unity and integrity of India”. Critically Discuss (15M)
Introduction
According to the Section 124A of IPC, Sedition is an act that brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India by words, either spoken or written, or by signs, or by visible representation, or otherwise. Drafted by TB Macaulay and included in the IPC in 1870, Colonial administrators used sedition to lock up people who criticised the British policies.
Recently, the 279th report of Law Commission of India has recommended the retention of the 153-year-old colonial law on sedition in India.
Body:
Sedition law retention is not necessary:
- Against democratic norms: It stifles the democratic and fundamental right (Article 19(1)(a)) of people to criticize the government. It leads to a sort of unauthorised self-censorship, for it produces a chilling effect on free speech.
- It suppresses what every citizen ought to do in a democracy — raise questions, debate, disagree and challenge the government’s decisions.
- Sedition systematically destroys the soul of Gandhi’s philosophy that is, right to dissent.
- Inadequate capacity of State Machinery: The police might not have the “requisite” training to understand the consequences of imposing such a “stringent” provision.
- Possibility of Misuse: It has been used arbitrarily to curb dissent. In many cases the main targets have been writers, journalists, activists who question government policy and projects, and political dissenters. E.g. Vinod Dua v Union of India
- Low conviction: Charge sheets were filed only in a tiny percentage of cases and not more than a handful ended in conviction upheld by the higher courts.
- Strong deterrent effect on dissent: The draconian nature of this law as the crime is non-bailable, non-cognisable and punishment can extend for life—it has a strong deterrent effect on dissent even if it is not used.
- Used to gag press: The press should be protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government.
Retention of Sedition law is necessary to safeguard unity and integrity of India:
- Not really a draconian law: Now after the Supreme Court directions, its jurisdiction has been narrowed down. It can be applied only on grounds laid down by the court.
- Application is a part of reasonable restrictions: It is provided under the Article 19 (2).
- Does not really curb free speech: One can use any kind of strong language in criticism of the government without inviting sedition. However, such dissent should not be turned into some kind of persuasion to break the country.
- Threats to unity and integrity of nation due to presence of anti- national elements and divisive Forces such as naxals, separatists who are receiving support from inside and outside the country.
- Mere misuse cannot be a ground of repeal, rather provisions should be made where such misuse is eliminated.
- Jurisdictions like the US, UK, etc., have actually merged their sedition law with counter-terror legislations.
Views by Supreme Court:
- In 1962, the Supreme Court decided on the constitutionality of Section 124A in Kedar Nath Singh v State of Bihar.
- It upheld the constitutionality of sedition, but limited its application to “acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence”.
- It distinguished these from “very strong speech” or the use of “vigorous words” strongly critical of the government.
- In 1995, the Supreme Court, in Balwant Singh v State of Punjab, held that mere sloganeering which evoked no public response did not amount to sedition.
Conclusion
The guidelines of the SC must be incorporated in Section 124A as well by amendment to IPC so that any ambiguity must be removed. The state police must be sufficiently guided as to where the section must be imposed and where it must not. Need to include provisions where the government can be penalized, if it misuses the section. This will ensure that section 124 A of IPC strikes a balance between security and smooth functioning of state with the fundamental right of freedom of speech and expression
Q2. How does the Rights of Persons with Disabilities Act, 2016 ensure empowerment and inclusion. Also, write a brief note on Harmonised Guidelines and Space Standards for Universal Accessibility in India-2021. Does it contribute to the concept of universal accessibility? (15M)
Introduction
In India, the population with disabilities is around 26.8 million, constituting 2.21% of India’s total population, if one goes by the 2011 population census data.
The Rights of Persons with Disabilities Act, 2016, in short, the RPD Act empowers persons with disability to enjoy the right to equality, and life with dignity, in other words, full and effective participation and inclusion in society.
Body:
Rights of Persons with Disabilities Act, 2016 ensure empowerment and inclusion:
- Broad Definition of Disabilities: Disability has been defined based on an evolving and dynamic concept. The types of disabilities have been increased from 7 to 21. In addition, the Government has been authorized to notify any other category of specified disability.
- Non-Discrimination and Equality: The Act prohibits discrimination against persons with disabilities in various aspects of life, including education, employment, healthcare, and public transportation.
- It promotes equal opportunities and ensures that persons with disabilities have the same rights and entitlements as others.
- Special provision for child: Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education. Government funded educational institutions as well as the government recognized institutions will have to provide inclusive education.
- Reservation in Education and Employment: It increases the quantum of reservation for people suffering from disabilities from 3% to 4% in government jobs and from 3% to 5% in higher education institutes.
- Accessibility: The Act emphasizes the importance of accessibility by mandating that public buildings, transport, and information and communication technologies should be made accessible to persons with disabilities.
- Grievance Redressal: The Act establishes mechanisms for individuals with disabilities to file complaints and seek redressal for violations of their rights. The Chief Commissioner for Persons with Disabilities and the State Commissioners will act as regulatory bodies and Grievance Redressal agencies, monitoring implementation of the Act.
- Provides penalties and imprisonment: for offences against PwDs. it also provides special courts in districts with regard to violations of rights of PwDs.
- Imprisonment up to 6 months and fine up to 10,000.
- Separate fund: A separate National and State Fund be created to provide financial support to the persons with disabilities.
Harmonised Guidelines and Space Standards for Universal Accessibility in India-2021:
- The guidelines are a revision of the Harmonised Guidelines and Space Standards for Barrier-Free Built Environment for Persons with Disabilities and Elderly Persons, 2016.
- Earlier, the guidelines were for creating a barrier-free environment, but now the focus is on universal accessibility.
- The guidelines are not just for Persons with Disabilities (PwDs), but also for those involved in planning projects, from the construction of government buildings to master-planning cities.
- The guidelines cover the standards for items like ramps and grab rails, as well as guidance for issuing tenders and planning projects with accessibility in mind.
- The nodal ministry for the implementation of the guidelines is the Ministry of Housing and Urban Affairs (MoHUA).
Yes, it contributes to the concept of universal accessibility:
- Comprehensive framework: it provides a comprehensive framework for creating an inclusive environment that caters to the needs of all individuals, regardless of their physical abilities.
- By establishing standardized accessibility requirements, the guidelines aim to ensure that public spaces, buildings, transportation systems, and other infrastructural facilities are accessible to everyone, including persons with disabilities, the elderly, and those with limited mobility.
- User-centric approach: The guidelines emphasize the importance of adopting a user-centric approach and involving stakeholders with disabilities in the design and planning process.
- This ensures that accessibility features are effective, practical, and responsive to the needs of the intended beneficiaries.
- Covers diverse aspect: The guidelines provide specific recommendations and technical specifications to ensure that spaces are designed and developed in a manner that accommodates the diverse needs of individuals with disabilities.
Conclusion
Although RPWD Act, 2016 is a rights-based legislation, the success of the statute will largely depend on the proactive measures taken by the respective state governments on its implementation. It is hoped that the proposed new law, a robust rights-based legislation with a strong institutional mechanism, shall ensure enjoyment of rights by persons with disabilities on an equal basis with the non-disabled citizens of India.
Ethics
Syllabus: “Emotional intelligence concepts, and their utilities and application in administration and governance.”
Q3. How can emotions be leveraged to improve the work-culture in an organization; particularly in the context of Indian public organization? Discuss (10M)
Introduction:
In a workplace, positive emotions such as joy and hope can improve productivity and build positive relationships among colleagues. On the other hand, negative emotions like anxiety and anger can lead to conflict and inefficiency.
Body:
Emotions have a great impact on our workplace. Indian public organization can leverage them in following ways to improve work-culture.
- Encouraging work-life balance: For instance, SBI has Holiday homes and guest houses for the employees at major cities and tourist destinations, this can provide a sense of fulfillment among employees.
- Recognizing and appreciating achievements: advancing equity within the department. Promoting work-based incentives, rather than promotion only upon written tests or seniority.
- Curiosity: Sparked by earning, employees may feel intrigued by new concepts, ideas, or technologies. For instance, Indian Oil corporation has Project “Saksham” (Competency Development Programme), Swadhyaya (e-learning platform).
- Counseling Services: After the Balasore train crash, Indian Railways launched counselling for train managers to ensure safety.
- Promoting emotional intelligence: culture through a series of workshops. Focusing on five components of EI self-perception, self-expression, intra-personal, problem solving and stress management.
- Building a sense of purpose: Implementing a “Lives Impacted” board in every public office can serve as a meaningful source of inspiration, fostering a sense of purpose.
- Encouraging teamwork and collaboration: Police administrators along with the “Police Wives Welfare Association” may organize meal-sharing sessions, games, picnics, and the celebration of festivals. This can increase family time cut down by extensive shifts.
- Encouraging feedback and employee involvement: In Railways online feedback from seniors and juniors is mandatory for promotions. In the same way, feedback should be mandatory for matters related to officer’s welfare and growth.
Conclusion:
By the above methods organizations can tap into the emotional well-being of employees, enhancing their job satisfaction and productivity.
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