Daily News Digest 26 March 2024

Table of content

• Malawi
• On campaigning in the name of religion
• District election management plan
• World Tuberculosis (TB) Day
• Digital financial frauds in India: a call for improved investigation strategies

Malawi

Time to Read :🕑 5 Mins

Why in news?

Malawi has declared a state of disaster due to drought caused by El Niño.

About Malawi

• The southern African nation of Malawi has declared a state of disaster over drought in 23 of its 28 districts.
• Its president has also said Malawi urgently needs more than $200 million in humanitarian assistance, less than a month after neighbouring Zambia also appealed for help.

On campaigning in the name of religion

Time to Read :🕑 11 Mins

Why in news?

RP Act, section 123 defines, to vote or refrain from voting on the ground of his religion is a corrupt electoral practice.

Background

• It is pertinent to note that before 1961, Section 123(3) of the RP Act provided that ‘systemic’ appeal by a candidate on the grounds of religion, race, caste or community would amount to a corrupt electoral practice.
  • However, in order to curb communal, fissiparous and separatist tendencies, the word ‘systemic’ was omitted through an amendment in 1961.
  • This meant that even a stray appeal for success in the elections on the ground of one’s religion or narrow communal affiliation would be viewed with disfavour by the law.
• There have been innumerable instances in the past where various parties and its leaders have blatantly appealed for votes in the name of religion.
  • There are leaders across political parties against whom cases have been registered under the RP Act and the Indian Penal Code in this regard.
  • However, the only notable leader who was convicted by the Supreme Court for this corrupt electoral practice was Bal Thackeray of Shiv Sena in the year 1995.
  • The ECI on such occasions at best bars leaders from campaigning, for violation of the MCC, for a short period of two to three days.

About Law

• Section 123(3) of the Representation of the People Act, 1951 (RP Act) provides that appeals by a candidate, or any other person with the consent of a candidate, to vote or refrain from voting on the ground of his religion, race, caste, community or language is a corrupt electoral practice.
• Section 123(3A) denounces any attempt by a candidate to promote feelings of enmity or hatred among citizens on these grounds during elections.
  • The RP Act further provides that anyone found guilty of corrupt electoral practice can be debarred from contesting elections for a maximum period of up to six years.

MCC

• The Model Code of Conduct (MCC) for the guidance of political parties and candidates is a set of norms which has evolved with the consensus of political parties.
  • They have consented to abide by the principles embodied in the said code.
    • It binds them to respect and observe it in its letter and spirit.
• This code, which began to be implemented strictly in the 1990s, provides that no party or candidate shall indulge in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes, religious or linguistic communities.
  • It also provides that there shall be no appeal to caste or communal feelings for securing votes.
• Mosques, churches, temples or other places of worship shall not be used as a forum for election propaganda.
• Though the MCC does not have any statutory backing, it has come to acquire strength in the past three decades because of its strict enforcement by the ECI.

Supreme Court ruled

• In Abhiram Singh versus C. D. Commachen (2017) a seven-judge Bench by a majority of 4:3 held that candidates shall not appeal for votes on the basis of not just his/her religion but also that of the voters.
• The majority view provided a ‘purposive interpretation’ to Section 123(3) rather than just a literal one thereby rendering any appeal in the name of religion of even the voters as a corrupt electoral practice.
  • The elections to Parliament or State legislatures are a secular exercise.
  • Constitutional ethos forbids the mixing of religious considerations with the secular functions of the State.
  • Religion should remain a matter of personal faith.

Way forward

• Political parties and candidates are likely to raise legitimate concerns of citizens faced by them on the basis of traits having origin in religion, caste, community or language in a democratic election process. However, it should be to only address their grievances through appropriate policies without jeopardising the secular fabric and fraternity of the country.
  • Any appeal in the name of religion only results in the further polarisation of our multi-religious society.
• Places of worship have always been used overtly and covertly as a forum for canvass. Religious leaders have thrown their weight behind candidates of various parties.
  • These practices should ideally be avoided in order to ensure that politics and religion are not mixed up. However, the primary responsibility lies with political party leaders and candidates. Their campaigns on the basis of religion not only disturbs the secular fabric of our polity but is also a clear violation of law.
• The ECI and courts should devise mechanisms for swift action against those violating the law in this regard.

District election management plan

Time to Read :🕑 7 Mins

Why in news?

As per the Election Commission of India, the DEMP (Draft Electoral Roll Publication) must be prepared at least six months before the anticipated election date.

When is the DEMP prepared?

• As per the Election Commission of India, the DEMP is to be prepared at least six months before the tentative poll day.
• However, many things become clearer as the election is notified, so it becomes necessary to revise/update the plan occasionally.
• Executing the DEMP requires a collaborative effort involving election officials, administrative authorities, law enforcement agencies etc.
• Regular interactions with political parties and media are also planned to brief them on electoral rules.

What are the elements of DEMP?

• The plan starts with a district profile that serves as the foundation of the electoral strategy.
  • This includes a political map outlining constituencies, key demographic and infrastructure statistics, a brief on the district’s administrative setup and socio-economic features.
• The plan encompasses detailed strategies for improving the availability and accessibility of polling stations, ensuring that all stations have essential facilities like ramps, electricity, lighting, drinking water, toilets, and internet connectivity.
  • Special attention is given to voters with disabilities (PwD) and senior citizens through help desks, 24/7 control rooms, home voting options, and advanced postal ballot voting for essential service personnel.
  • Another critical component of the DEMP is the Systematic Voters’ Education and Electoral Participation (SVEEP) plan, which focuses on increasing electoral participation.
  • It involves analysing voter turnout data to identify polling stations with below-average or significantly low turnout and tailoring activities to address these issues.
  • Activities under the SVEEP plan include the use of social media, engagement with various community and youth organisations, and organising events leading up to the poll day to increase awareness and participation.
• Additionally, DEMP outlines a comprehensive strategy for the planning, training, welfare, and deployment of election personnel.
  • It highlights the importance of creating a poll personnel database, categorising available personnel by cadre and group while assessing their requirement and strategies to address gaps in personnel needs across various election roles.
  • The force deployment plan requires detailed planning in coordination with the district police, including vulnerability mapping of polling stations based on past disturbances and voter turnout.
  • The plan also includes training district-level teams to enforce the Model Code of Conduct (MCC) and providing a training program for all election personnel to ensure they have the necessary skills and knowledge.

EVMs and Essential items

• Material management is a crucial component of the DEMP involving procuring 61 essential items, including indelible ink, seals, stamps, stationary and statutory forms.
• These items are categorised based on the level at which they are to be procured (State/U.T. or district level), with timelines ranging from two-to-three weeks to four months before the election.
• Similarly, Electronic Voting Machines (EVMs) management is crucial for maintaining the integrity of the electoral process, with plans necessary for secure storage and availability of EVMs and Voter Verifiable Paper Audit Trails (VVPATs), including plans for their transportation and maintenance.

Conclusion

The DEMP enhances the voting experience by making it more organised and accessible for everyone. Beyond elections, its approach of meticulous planning, collaboration and transparency offers lessons for broader governance. It emphasises the importance of advanced planning, data-driven decisions, and stakeholder collaboration to tackle challenges effectively.

World Tuberculosis (TB) Day

Time to Read :🕑 7 Mins

Why in news?

World Tuberculosis (TB) Day is celebrated on March 24 annually to spread awareness around the deadly disease.

About Tuberculosis

• Tuberculosis, an infectious disease that mainly affects lungs, is one of the leading killer diseases that led to 1.3 million deaths in 2022.
• Caused by a type of bacteria called Mycobacterium tuberculosis, the disease spreads through the air when infected people cough, sneeze or spit.
• Tuberculosis is preventable and can be treated with a combination of antibacterial medications for a period of six to 12 months.
• TB bacteria is also capable of attacking other parts of the body be it kidney, spine, or brain. However, not all people infected with tuberculosis end up developing symptoms and many people have latent TB infection (LTBI) and TB disease. If not treated properly, TB disease can be fatal.

World Tuberculosis (TB) Day Date

• World Tuberculosis (TB) Day is an annual observation.
• It is celebrated to raise awareness around the disease, increase efforts to eradicate the disease, and mobilise support for those affected by TB.

World Tuberculosis (TB) Day Theme

• World Tuberculosis (TB) Day, 24 March 2024, continues with the theme “Yes! We can end TB”. With continued efforts and awareness campaigns, the aim is to eradicate the world's deadliest disease.

World Tuberculosis (TB) Day History

• March 24, 1882 is considered a significant date in the battle against tuberculosis as it is on this day that Dr Robert Koch discovered the bacteria that causes TB. This groundbreaking announcement led to better understanding, diagnosis, and eventual treatment of the disease. It was not before the year 1982, on the centenary of Dr. Koch's discovery that the International Union Against Tuberculosis and Lung Disease (IUATLD) proposed observing March 24 as World TB Day to raise awareness about TB and its global impact. The first World TB Day was officially observed in 1983, and since then, it has become an annual event.

World Tuberculosis (TB) Day Significance

• The day is an annual reminder to continue with the research and investment on treatment strategies, prevention methods and awareness around tuberculosis.
• As per WHO (World Health Organisation), about a quarter of the global population is estimated to have been infected with TB bacteria.
• About 5–10% of people infected with TB will eventually get symptoms and develop TB disease.
• TB disease is usually treated with antibiotics and can be fatal without treatment.
• World Tuberculosis Day aims to unite governments, health organizations, and communities worldwide in their commitment to end the TB epidemic by ensuring access to quality care for all those affected.

Digital financial frauds in India: a call for improved investigation strategies

Time to Read :🕑 11 Mins

Why in news?

A recent report by the Indian Cybercrime Coordination Centre revealed a staggering ₹1.25 lakh crore in digital financial frauds over the past three years.

Cybercrime threat in India

• According to the National Crime Records Bureau (NCRB), cybercrimes in India in 2023 resulted in a staggering loss of ₹66.66 crore, with 4,850 reported cases.
• A recent report by the Indian Cybercrime Coordination Centre (I4C) revealed that digital financial frauds accounted for a staggering ₹1.25 lakh crore over the last three years.
• According to the National Cybercrime Reporting Portal (NCRP), in 2023, at least ₹10,319 crore was reported to be lost by victims of digital financial fraud.
• The Parliamentary standing committee on Finance in its report on “cyber security and rising incidents of cyber/white collar crimes” mentioned that the domestic fraud as reported by the SE (Supervising Entities) in FY’23 was ₹2537.35 crore.
• According to the report, the number of complaints received in 2023 alone was 6.94 lakh.

According to the report, the number of complaints received in 2023 alone was 6.94 lakh.

• Convincing the victim to send money, either by impersonation (fake WhatsApp/FB/Insta, social media profiles) or by giving them a false promise of greater return (investment, crypto, held up custom package etc.)
• By taking credentials such as Unified Payments Interface ID (UPI), Personal Identification Number (PIN), One-Time Password (OTP) or Internet banking ID/password from the victim and then using the same on other apps/websites and transferring money without the knowledge of the victim.
  • For this the customer will either be given a fake link which looks exactly like a UPI app screen/banking website or the victim will be conned into installing a screen sharing app.
  • The scammers can also convince the victims over phone to give out those details. When these details are used on official banking apps this gives the fraudsters access to even the Fixed Deposits/Recurring Deposits which are also siphoned out in most cases.
• By taking card details and convincing the victim to share OTP.

After scam - Money transaction

• After a fraudster empties a victim’s bank account, the money undergoes a series of circulations in broadly three stages.
  • The first stage is a temporary account into which the fraudsters transfer victims’ money. This account will be used to receive money from various other victims as well. From here, the money is then transferred into a second stage account.
  • The second category of accounts are a group of accounts among which money is circulated. There are a lot of middlemen who are money circulators. Their task is only to receive money from first level bank accounts for a nominal cut. The victim’s money is then split into small parts and then circulated within these accounts, by a person who is sitting in a different corner of the country.
  • After sufficient churning, the money is then transferred into a third stage account which is a sink account. This can be a bank account, an e-wallet etc. Here, the total defrauded amount from a group of victims is re-collected.
• The money is then withdrawn in a large chunk through conventional methods of either ATMs/cheques or e-wallet cash outlets such as an e-wallet payments bank.

How can frauds be prevented - Most frauds can be prevented with some basic technological interventions:

• As a first, just as how Google accounts do not allow logging in from a new device unless permission is granted by the former, financial institutions must be mandated to replicate this feature in their apps. As soon as a UPI ID, password or OTP is entered in a different device, an alert must be generated in a previous device with no further action being allowed until it is approved by the person. 
• Secondly, the screen share facility must be disabled. Banking and financial apps must disable screen-sharing to run on top of them. 
• And finally, in the bank statement, all banks/NBFCs/SEs must be mandated to provide comprehensible data. Currently only partly printed numbers are shown which even knowledgable customers are unable to understand. The transaction description must contain the receiver’s account/mobile or any other identifying number irrespective of it being within the same bank or to an outside bank.
• One of the biggest hindrances law enforcement agencies face is in following the money trail. The siphoned off money hops across bank accounts and wallets within minutes but supervised entities/banks/NBFCs/wallets are not able to give the required details to agencies with the same speed. Most of the crime is reported after 24 hours of the commission. Due to stress and trauma most victims end up deleting much of the evidence from their devices/phones. By the time a money trail is established the money is already withdrawn from the system and there is no way to either identify the person or recover the money.

Speeding up information access - certain basic changes to the form of data provided to enforcement agencies can help in minimising delays:

• The banks/NBFCs/SEs must be mandated to provide data in a predetermined format with all the terms explained. The data must be given in a CSV or XLSX file. For example, the CDR (Call Data Record) shared to enforcement agencies has a fixed format and fixed file types, such as .CSV or .XLSX. Currently the banks give the statement either in a printed hardcopy or in PDF format. This causes huge inconveniences to the investigating officers. Most tech-savvy officers are often held back only because they do not get the data in a usable format. 
• The International Mobile Equipment Identity (IMEI) must be recorded. All banking and financial apps must be mandated to save IMEI details of the device being used. Fraudsters use fake mobile numbers and fake bank accounts which span across different States with the goal of adding layers to increase anonymity and preventing agencies from prosecuting them. Thus, the IMEI becomes crucial evidence in determining the device and its location. Recording IMEI will make for stronger evidence in establishing a device and its connection to fraudsters in a court of law.

Way forward

• The Bharatiya Nagarik Suraksha Sanhita 2023 which is set to replace the Indian Penal Code of 1861, recognises ‘organised crime’ as a “continuous unlawful activity”. Digital financial frauds are very much covered in this definition. Law enforcement agencies face a lot of difficulties in conducting interstate raids and arrests. It requires a large team and coordinated effort. 
• Interstate digital financial fraud networks must be recognised as a serious crime and bail may be restricted by the Courts. 
• Additionally, digital frauds create a considerable amount of black money when seen from a macro-economic perspective. 

Conclusion

Cybercrime being a subset of crime in general can be dealt like conventional offences, albeit with a different set of tools. Instead of a specialised unit, if the fintech and telecom industries are mandated to take certain preventive steps in their technology and provide data in a manner which enables speedier investigation, the prevention, detection, recovery and conviction will be much more effective.  Faster availability of data will make it easier to identify and convict pan-Indian gangs.