Custodial death: SC raps Maharashtra police (GS-2) (Page-6) In a message to the Maharashtra police, the Supreme Court on Tuesday observed that the police should realise that in a democracy the means to achieve crime control is as important as the end itself. "With great power comes great responsibility," the top court wrote in bold letters at the head of its 35-page judgment. A Bench of Justices N.V. Ramana and Mohan M. Shantanagoudar said it was time for the police force to realise and accept what it calls the 'concept of democratic policing The Bench increased the prison sentence of the accused Maharashtra police officers from three years to seven years in a case of custodial torture where a man died in a police station cell in 1993. The court reminded the police that "be you ever so high, the law is always above you." It reminded the Maharashtra police that their motto is 'Sadrakshn ya Khalan ghrahan ya (Sanskrit for "To protect good and to punish evil"), which needs to be respected.
. "Those who are called upon to administer the criminal law, must bear in mind that they have a duty not merely to the individual accused before them, but also to the state and to the community at large," Justice Ramana wrote for the Bench. The case concerns the death of an innocent man, Joinus, in police custody. He was suspected of looting. A posse barged into his house in the middle of the night, tied him to a nearby post and beat him with sticks. Then they took him and his family from place to place, until he was finally locked up in the local police station. He was found dead in the cell the next day. "The motive to falsely implicate Joinus for a crime he was alien to was not befitting the police officers investigating crimes. The manner in which Joinus was taken during late night from his house for investigation ignores the basic rights this country has guaranteed its citizen," the Supreme Court condemned the accused police officers for the crime.
What is the issue? Two decades after signing the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, India is yet to ratify it. Why India need to ratify early? .In recent times there is a fresh note of urgency attached to the need for early ratification, as the country has pending requests for the extradition of its nationals from other countries. .For, as pointed out by the Supreme Court, the absence of a stand-alone law prohibiting torture may prevent many countries from agreeing to India's extradition requests. .The court also noted that India was subjected to close questioning during the Universal Periodic Review of its human rights obligations at the UN Human Rights Council in Geneva. .It cannot be forgotten that an extradition request relating to Purulia arms drop case suspect Kim Davy failed owing to the apprehension that he may be ill-treated in India. In an era of increasing international cooperation on criminal matters, India will be better served if it is seen as adhering to international treaties, especially its obligations under the Convention against Torture, which it signed in 1997.
Does India have the provision already? Provisions relating to causing hurt or grievous hurt, especially with a view to extracting a confession, criminal intimidation and wrongful confinement already exist in the Indian Penal Code. However, the idea of a stand-alone law ought to be ultimately seen as a more tangible way of .A concrete step towards enacting a law was made when the Prevention of Torture Bill, 2010, was xPrenscirete stem toweards enactingianiawrwrs made when the Prevention of Torture Bi,2010, was commitment to eliminating torture passed by the Lok Sabha in 2010, but it was referred to a Select Committee in the Rajya Sabha. In its report submitted in the same year, the committee recommended exhaustive amendments to the Bill to make it consistent with the language and intent of the Convention. Thereafter the Bill lapsed. The government says it has referred the matter to the Law Commission for an authoritative view. What should be done? Given the pervasive nature of custodial violence and its complex policing requirements, the present legislative and administrative framework is obviously inadequate to prevent torture in a country of India's size. It is imperative that a strong law that criminalises torture, imposes stringent punishment for it and contains liberal provisions for those suffering torture to complain against their perpetrators, prosecute them and be compensated and rehabilitated, is passed at the earliest.
GM mustard trials may get nod soon (GS-3) (Page-7) * The environment ministry is set to convene this month a "special meeting" of the Genetic Engineering Appraisal Committee (GEAC) to decide on field-trial approvals for the controversial transgenic mustard developed by the University of Delhi's Centre for Genetic Manipulation of Crop Plants (CGMCP), according to a person familiar with the developments. * The CGMCP had earlier applied to grow transgenic mustard (DMH-11) in plots in Delhi and Punjab to test the plant's effects on honeybees after the GEAC, which had initially cleared the GM crop for "commercial cultivation", backtracked and demanded more tests and additional data on honeybees and other pollinators and on soil microbial diversity. * The GEAC, the country's apex regulator of transgenic products, had in July put a decision on the proposed field trials on hold after some members objected to the use of "unapproved pesticides/herbicides" in the project proposal, according to a record of the meeting made public this week * The CGMCP team had proposed to use endosulfan a banned pesticide as part of their experiment, according to the person, who was present at the July meeting and didn't want to be identified. The trial protocols had also been submitted just three days before the GEAC meeting and some members had voiced objections over the lack of time to examine the field safety protocol. The field safety protocol specifies what measures can be undertaken in case there's a pest attack on the mustard being tested.
This was a minor technicality [the mention of endosulfan] and we're hoping this can be addressed such that this can be considered in a special meeting this month itself," the person said. Mustard is usually sown in October and typically takes about three months to mature. In March, the GEAC had sought more tests for GM mustard in the wake of a chorus of objections to the transgenic crop and following Union Environment Minister Harsh Vardhan's intervention in the matter Environmentalists, farmer groups and some scientists argue that transgenic mustard poses several environmental and health risks. Included among these is a contention that it contains a foreign gene from another species, that tests so far have failed to show any appreciable gains in yield over traditional varieties and that it could, if commercially approved, make farmers growing the GM mustard dependent on glyphosate a weedicide that has been linked to cancer. Deepak Pental, who leads the mustard project at CGMCP, dismissed the objections voiced at the GEAC meeting as "childish", adding that the protocol section on what insecticides could be used was part of the Indian Council of Agricultural Research protocol. "One of my colleagues had specified 2-3 insecticides in case of an attack by the painted bug [a mustard pest]. Maybe it wasn't updated to reflect that endosulfan is no longer used and it's not even available in the market. So how can anybody use it?" Mr. Pental asked in a phone conversation with The Hindu. "These are just spanners to delay the process
State panels to track hip implant patients (GS-2) (Page-7) Who can apply for compensation? Patients implanted with ASR and no rev surgery performed o recommended to perform - Those implanted with ASR and one revislon surgery performed but no disability with ASR and more than one revision surgery performed and suffering from disability ision Patients implanted with ASR and suffering from any other systemic disorder where the causality is established Clauses: First surgery of ASR must be performed in India on or after 2006 Those implanted with ASR and one revision surgery and suffering from disability Patient must by implanted with ASR within 10 years from the date of first surgery Patlents Implanted Source: Ministry of health and family welfare
* The Ministry of Health and Family Welfare has said that State-level committees consisting of two orthopaedic surgeons or physical medical rehabilitation experts and one radiologist from government hospital, a representative from the Central Drugs Standard Control Organisation (CDSCO) and drug controller of respective States should be formed to identify patients who have received the faulty hip implant by pharmaceutical giant Johnson & Johnson. The notification made public on Tuesday also said States should advertise widely to reach out to the patients. "The committee [of the Ministry which submitted its report recently] has recommended, among other things, the constitution of [a] Central Expert Committee and Regional Expert Committees for determining the exact quantum of compensation after taking into account the minimum amount of Rs. 20 lakh," the notification stated. The compensation amount will be further calculated based on other factors such as the degree of disability and loss of wages. "Patients can now reach out directly to the committees", Drug Controller General of India (DCGI), Dr S. Eswara Reddy told The Hindu, adding that more and more patients should now come forward. J&J's Articular Surface Replacement (ASR) hip implant manufactured by its subsidiary DePuy Orthopaedics was recalled globally in 2010 after reports of it leaching metals and causing severe pain, fluid accumulation, and metal poisoning in patients.
2+2 to address U.S. issues on Iran, Russia (GS-2) (Page-10) New Delhi hopes the U.S. will consider the importance of its relationship with India carefully, while considering any moves to sanction defence purchases from Russia under the new CAATSA, or Countering America's Adversaries Through Sanctions Act, official sources said on Tuesday ahead of the inaugural Indo-U.S. 2+2 dialogue U.S. Secretary of State Mike Pompeo and Secretary of Defence James Mattis will land here on Wednesday and meet External Affairs Minister Sushma Swaraj and Defence Minister Nirmala Sitharaman on Thursday, which officials said would be the "highest-level" dialogue between the two countries this year. * "Our hope is that the U.S. will keep in mind the strategic relationships it enjoys with each country in handling this matter," an official said, indicating that India would adopt a tough posture during the talks when the CAATSA issue comes up. There have been conflicting statements from Washington on whether U.S. President Donald Trump would give India a waiver from the sanctions mandated by U.S. law. India is finalising a plan to purchase the S-400 long-range air-defence systems from Russia, over which there have been specific objections from several U.S. officials
However, officials stressed there was no discussion scheduled specifically on the S-400. "It is not normal practice for India to discuss relations with third countries in our bilateral dialogue," the official said. Oil from Iran * Another sticky issue remains the U.S. demand that India "zero out" its oil imports from Iran by November, and whether the U.S. will give a waiver to India's development of the Chabahar port, when a separate set of sanctions kick in. Conceding that both actions are a major issue in the bilateral discussions, the official said that India hoped to hear from the U.S. on what options it had on procuring oil. "We are heavily energy import reliant. We would like to understand the alternative sources of crude and also the price," indicating that India could consider the U.S. demands if other sources of crude compatible with Indian refineries were made available at a comparable price. * "IThe decision] will not be made by any compulsion that U.S. places or Iran places. Whether we continue to import Iranian crude or not is our decision to make," the source added.
Officials pointed out that India had "independent relations" with all the major powers and sought to dispel any apprehensions that the dialogue would have a negative impact on relations with other counties. *"We expect the ministerial level 2+2 with the U.S. will not have any significant impact on our relations with China and Russia. I think those stand independently," the official stated, dismissing comments by a senior U.S. official who said that "China will be front and centre" of the 2+2 dialogue. * However, the Indo-Pacific policies of both countries, who are engaged in a "Quad" or quadrilateral arrangement with Australia and Japan will be on the agenda, the sources said
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Graduate in Economics. Gold medal in Dissertation, Prepared various documents on Demonetisation and GST, Share-trading and many more