GS Analyst: Daily Editorial In Brief

Context:

The central government has notified the implementation of three recently enacted criminal laws from July 1, 2024. However, Section 106(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, has been put on hold pending discussions with the All India Motor Transport Congress due to concerns raised by truck drivers regarding its severity.

Concerns Regarding Section 106(2):

• Disproportionate Sentencing: The provision prescribing a maximum of 10 years imprisonment for failing to report a fatal accident without considering medical assistance seems disproportionate compared to other laws.
• Conflict with Fundamental Rights: Section 106(2) might infringe upon Article 20(3) of the Indian Constitution, which prohibits self-incrimination, as individuals may report accidents due to fear of enhanced punishment.

Introduction of 'Petty Organised Crime':

• Definition and Scope: Section 112 of the BNS introduces a new offence termed 'petty organised crime,' encompassing various criminal acts committed by groups or gangs.
• Lack of Clarity: The inclusion of undefined acts like "unauthorised selling of tickets" and "selling of public examination question papers" raises ambiguity about the scope and severity of the offence.
• Potential Legal Challenges: Without specific sentencing guidelines, the provision may face scrutiny from the Supreme Court for its vague and open-ended nature.

Revisiting Theft Provisions:

• Non-Cognisable Offence for Low-Value Theft: The BNS categorizes theft of property worth less than ?5,000 as a non-cognisable offence, potentially impacting access to justice for economically disadvantaged victims.
• Legal Complications: Failure to return stolen property of low value may lead to imprisonment, raising legal and practical challenges in enforcement and recovery.
• Judicial Discretion: The absence of judicial discretion in sentencing for certain offences, such as trafficking, raises concerns regarding the fairness and constitutionality of the law.

Context:

Despite the introduction of the Voter Verifiable Paper Audit Trail (VVPAT) alongside Electronic Voting Machines (EVMs) and the provision for counting VVPAT tallies from random polling booths, critics continue to raise concerns about the use of EVMs in Indian elections. The Supreme Court of India has listed petitions related to demands for a 100% recount of all VVPATs.

Transparency Enhancement with Machine Audit Trail:

• Proposal: Some suggest maintaining a machine audit trail of all executed commands beyond just recording votes, allowing for an audit to rule out malicious code and enhance transparency.
• System Upgrade: Implementing such a measure could make the electoral system more robust and address concerns about potential tampering with EVMs.
• Need for Audit: Critics argue that a comprehensive audit is necessary to ensure the integrity of the electoral process and instill confidence in the voting system.

Addressing Potential Vulnerabilities Introduced by VVPATs:

• Concerns Raised: The use of VVPATs has introduced potential vulnerabilities that were not present with standalone EVMs, leading to calls for reworking safeguards to ensure security.
• Safeguard Enhancement: By strengthening technical and administrative safeguards, VVPAT-combined systems can be made as secure and foolproof as standalone EVMs.
• Balancing Security and Transparency: Efforts should focus on finding a balance between ensuring the security of the electoral process and maintaining transparency in voting procedures.

Evidence of EVM Reliability and Minimal Discrepancies:

• Lack of Proof for Tampering: Despite concerns, there has been no concrete evidence of tampering with EVMs, and instances of malpractices remain unsubstantiated.
• Minimal Discrepancies: Sample counting of VVPATs in elections has revealed minuscule discrepancies between VVPAT recounts and EVM counts, primarily due to minor errors.
• Solutions for Confidence Building: Enhancing recount samples and implementing targeted recounts in close-margin seats can address concerns and build trust in the electoral process without necessitating a full recount.

Context:

Ahead of the upcoming general elections, the Jan Swasthya Abhiyan has released an 18-point "People’s Health Manifesto," urging all political parties to prioritize healthcare. The manifesto outlines seven interrelated shifts in health policies and systems to address the challenges faced by India's healthcare sector.

Emphasizing Primary Healthcare:

• Public Health Solutions: The manifesto advocates for expanding and enhancing public health facilities, especially at the primary level, to improve healthcare accessibility.
• Successful Models: Examples like Mohalla Clinics in Delhi, upgraded Family Health Centres in Kerala, and the Tamil Nadu Medical Services Corporation model demonstrate effective public health solutions.
• Importance of Rebuilding: Prioritizing primary healthcare over symbolic gestures like renaming health centers is crucial for improving healthcare delivery.

Increased Public Health Financing:

• Urgent Need: The manifesto calls for a substantial increase in public health financing by both central and state governments to support healthcare improvements.
• Financial Expansion: The Union government is urged to raise its public health spending from the current 0.3% of GDP to at least 1%, along with additional financial support to states.
• Impact on Healthcare Access: Enhanced public health financing is expected to reduce out-of-pocket spending, benefiting large sections of the population and preventing financial distress.

Decentralizing Care:

• Importance of Accountability: The manifesto emphasizes the need for systematic social accountability and decentralized management of frontline public health services.
• Successful Examples: Kerala's Panchayat oversight and Maharashtra's "Community-based monitoring and planning" initiative demonstrate effective decentralization efforts.
• Ground-Level Improvement: Devolution of powers and effective decentralization are essential to ensure improved public delivery at the grassroots level.