Category: Governance

The decennial census has been delayed until at least September, after the government informed states that the date for freezing administrative boundaries had been extended until June 30.

What is the Indian Census?

• As of 2021, India’s decennial census has been conducted 16 times.
• While it has been done every ten years since 1872 under British Viceroy Lord Mayo, the first full census was taken in 1881.
• Since 1949, it has been carried out by the Registrar General and Census Commissioner of India, who works for the Ministry of Home Affairs.
• Since 1951, all censuses in India have been conducted in accordance with the Census of India Act of 1948.
• The most recent census was in 2011, with the next scheduled for 2021. However, due to the COVID-19 pandemic, it has been postponed.

What is the census’s purpose?

• To collect information for the Central and State Governments’ policy planning and formulation.
• The census reveals who we are and where we are headed as a country.
• It assists the federal government in determining how to distribute funds and assistance to states and municipalities.
• Census data is widely used by national and international agencies, scholars, business owners, and industrialists, among others.

What is the significance of the census?

• Important data for governance: In a modern economy, the census is the foundational database for official statistics and policymaking. Because survey data does not provide such high resolution, outdated census data makes block and district-level planning particularly difficult.
• Information on Demography, Economic Activity, Literacy and Education, Housing & Household Amenities, Urbanisation, Fertility and Mortality, SCs and STs, Language, Religion, Migration, Disability, and many other socio-cultural and demographic data are provided.
• Constituency delimitation: Parliamentary/Assembly/Panchayats and other Local Bodies are also done on the basis of demographic data derived from the Census.
• Administration: The census is the foundation for reviewing the country’s progress over the last decade and monitoring the government’s ongoing schemes.
• It provides pathways for planning, resolving problems, and correcting deficiencies. The government analyses census data and develop policies for the future in response.
• Detailed accounts: Even the best sample surveys find it impossible to beat a census because it promises to count every Indian. A census is when the state connects to every individual and finds it difficult to hide or avoid the data.
• Welfare schemes: Identifying actual beneficiaries, Census is the key to creating and affirming identity over time. Census data allow for precise intertemporal comparison.

Impact of delay in census 2021

(1) Discrepancies in PDS beneficiary identification

• According to the National Food Security Act of 2013, 75% of the rural population and 50% of the rural population are entitled to government-subsidized food grains through the targeted public distribution system (PDS).
• According to the 2011 Census, India’s population was approximately 121 crore, so PDS covered approximately 80 crore people.
• With a projected population of 137 crores, the current Census data delay would continue to deprive more than 10 crore people of subsidized food entitlements, with the biggest gaps in Uttar Pradesh and Bihar, with 2.8 crore and 1.8 crore projected exclusions, respectively.

(2) Poor targeting of beneficiaries for welfare schemes

• Although the government intended to use SECC data, budgetary allocation for the projected expansion was not made.
• Although census data is not used to calculate the beneficiaries of most schemes, it is essential for policy planning, budgeting, and administration.
• To assess effectiveness as demographics change over time, a number of schemes must use disaggregated age and fertility indicators.

(3) Identifying migration data

• The COVID19 lockdowns revealed that the numbers, causes, and patterns of migration could not be answered using the out-of-date 2011 Census data.
• The D-tables on migration from the 2011 Census was only released in 2019, so they were out of date at the time.
• Aside from the One Nation, One Ration card scheme, which now allows for the portability of food subsidy entitlements, migration data is not widely used in economic policy and planning.

Why is there a Census delay?

• Administrative boundary demarcation: According to norms, a census can be conducted only three months after the boundary limits of administrative units such as districts, sub-districts, tehsils, talukas, and so on have been frozen.
• COVID-19 The pandemic is being cited as the official reason for the delay, but it is a weak excuse. Pandemic-related restrictions were long removed.
• NRC, CAA The Union government stated that the 2021 census would be used to compile an all-India NRC. The rules for the Citizenship Amendment Act have yet to be developed by the Centre (CAA).
• Lack of Political Will: The Union government has demonstrated no urgency in resuming census operations. When questioned about the delay, the government refuses to say when the census will take place.

The way forward

• Complete Pre-census work: List your house and other related activities as soon as possible.
• Digital census: Using a mobile app to collect data will reduce the overall time required to process the census data and publish the results on time.
• Allowing households to self-enumerate is a new initiative, but it is unclear how successful it will be in terms of data quality and coverage.

@the end

• The Indian Census must be saved from unnecessary disruptions and inexplicable delays.
• The integrity of the census data will be jeopardized unless it is shielded from day-to-day politics.
• The world’s largest democracy deserves accurate and truthful data.

Source: https://indianexpress.com/article/india/census-delayed-again-deadline-for-freezing-of-boundaries-extended-to-june-30-8364829/#:~:text=The%20Census%20enumeration%20scheduled%20to,boundaries%20to%20June%2030%2C%202023.

The University Grants Commission (UGC) has released draught regulations for the ‘Establishment and Operation of Campuses of Foreign Higher Educational Institutions in India’.

The Search for Foreign Universities in India: A Recap

• The government drafted the Foreign Education Bill in 1995, but it was shelved.
• Another attempt was made in 2006, but the draught law was rejected by the Cabinet.
• Then, in 2010, the UPA-2 government introduced the Foreign Educational Institutions Bill, which was defeated in Parliament.
• The bill expired in 2014 when the UPA lost power.
• Foreign university campuses may be established in India under the New Education Policy 2020.

Procedures for Universities Visiting India

• In the beginning, the approval process for establishing a campus in India will be entirely online. Interested institutions must apply through the UGC portal and pay a non-refundable fee before submitting documents.
• After the applications are received, the Commission will form a committee to review them based on the following criteria:
• The institution’s credibility
• Programs that the institution will offer
• Their potential to improve educational opportunities in India

Proposed infrastructure

• UGC (Regulations for the Establishment and Operation of Campuses of Foreign Higher Educational Institutions in India) 2023: Key Questions Answered
• UGC approval is required: All foreign universities that wish to establish a campus in India must first obtain permission from the UGC.
• Known institutions: To establish a campus in India, foreign universities must be either in the top 500 or “highly reputed” in their respective countries (if the varsity does not participate in global rankings). If their overall ranking is between 500 and 100, but their subject-wise ranking is higher, the institutions will be allowed to establish campuses only for those ranked subjects.
• Furthermore, the UGC will reserve the right to inspect these Indian campuses of foreign HEIs at any time, and they will not be exempt from anti-ragging and other criminal laws.
• Offline classes only: All foreign universities that open branches in India will be allowed to conduct offline classes only, which means that foreign universities can only offer full-time programs in physical mode.
• Freedom to select admission process, fee, and faculty: All foreign universities will be free to design their own admission process. The universities must, however, ensure that the “quality of education imparted at their Indian campuses is on par with their main campus.”
• Admission to all: Foreign higher education institutions will be able to enroll both Indian and international students on their Indian campuses.
• International funds transfer: To avoid chaos in funds transfers, all funding matters will be governed by the Foreign Exchange Management Act of 1999.
• Students’ interests must be protected: FHEI may not discontinue any course or program or close the campus without the commission’s prior approval. If a course or program is interrupted or discontinued, the parent entity is responsible for providing an alternative to the affected students.
• Equivalence with degrees conferred by Indian HEIs: The qualifications conferred on students at the Indian campus must be recognized and treated as equivalent to the corresponding qualifications conferred by the FEHI at the main campus in the country of origin.
• Securing India’s national interest: FEHIs shall not offer any program or course that jeopardizes India’s national interest or higher education standards in India. The operation of FEHIs shall not be incompatible with India’s sovereignty and integrity, the state’s security, friendly relations with foreign states, public order, decency, or morality.

Why such move?

• Domestic enrollment growth: India has over 1000 universities and 42,000 colleges. Despite having one of the world’s largest higher education systems, India’s Gross Enrollment Ratio (GER) in higher education is 27.1%, ranking among the lowest in the world.
• Education quality improvement: The QS World University Rankings 2022 reflect the lack of quality in Indian education. With a ranking of 177, IIT Bombay was the highest-ranking Indian institute on the list. Only eight Indian universities made the top 400 list.
• Preliminary discussions have begun with the GIFT City authorities and the regulator to establish facilities at the GIFT International Financial Services Centre, with London Business School, King’s College in London, the University of Cambridge, and New York University.

Advantages of the relocation

• Generation of human capital: This move would complement efforts to provide high-quality human capital to India’s financial services industry.
• Reduced overseas spending: Indian students’ overseas spending is expected to increase from $28 billion in 2016 to $80 billion in 2024.
• Reduce FOREX spending: In addition to encouraging quality competition, international branch campuses can help to reduce foreign exchange outflow.
• Education attracts opportunities, which prevents brain drain. The Atmanirbhar Bharat initiative will help to retain domestic talent. Over the last seven years, over eight lakh Indians have given up their citizenship.
• Increase India’s soft power: Allowing foreign universities into the country can boost India’s soft power by providing additional impetus to the government’s Study in India program, which aims to attract foreign students.

Challenges

• Regulatory issues: The following factors may discourage foreign higher education institutions from investing in India.
• A multi-tiered regulatory framework governs various aspects of higher education.
• There is no single regulatory body overseeing collaborations and investments, and multiple approvals are required to operate in India.
• Issues with implementation: While the NEP has taken the necessary steps to strengthen the education sector and pave the way for a globally compatible education system, its implementation has been slow and unclear.
• Increased likelihood of brain drain: The GoI faces a policy challenge in facilitating such collaborations in such a way that Indian talent chooses and is incentivized to stay in India, and Indian educational infrastructure is developed to meet global standards.

@the end

• The provisions in the NEP demonstrate the GoI’s intent with regard to international universities establishing campuses in India.
• However, much clarity is required before proper implementation can take place.

Source: https://www.hindustantimes.com/india-news/ugcsets-ball-rolling-for-foreign-varsities-in-india-101672985964926.html#:~:text=Defining%20the%20eligibility%20criteria%2C%20the,institutions%20in%20their%20home%20jurisdictions.

The Ministry of Electronics and Information Technology proposed an amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to include online gaming.

Regulating Online Gaming

The following draft amendments to the IT Act are being placed in the public for comments, feedback till January 17:

• Due diligence: Online gaming intermediaries must exercise due diligence to ensure that gambling and betting are not permitted in online games.
• Withdrawals or refunds: Online gaming intermediaries must inform users of their policy for deposit withdrawal or refund, distribution of winnings, and applicable fees.
• Self-Regulatory Organization: The SRO will decide what constitutes prohibited gambling.
• Self-regulatory organizations will be registered with the MeitY. Online games: Self-regulatory organizations may register online games of members who meet prescribed criteria.
• Resolving complaints: Self-regulatory bodies will resolve complaints using a grievance redressal mechanism.

What is online gaming?

• Online gaming can refer to any type of game that can be accessed via the Internet or a computer network.
• Most of the time, it refers to video games played over the Internet, where multiple players are in different locations across the world.
• Online gaming can also refer to the act of gambling over the Internet, such as at an online casino or poker room.

Types of gaming

• Online gaming categories include:
• E-sports (well-organized electronic sports which include professional players) (well-organized electronic sports which include professional players) Consider chess.
• Fantasy sports (picking real-life athletes and earning points based on their performance) MPL cricket, for example.
• Skill-based (mental skill) (mental skill) as in Archery Gamble (based on random activity) Playing Cards, for example, Rummy

Why is the online gaming industry booming in India?

• Digital India boom in the gaming industry
• Narrowing of the digital divide
• IT boom
• Other factors promoting the boom
• Growing younger population
• Higher disposable income
• Inexpensive internet data
• Introduction of new gaming genres, and
• Increasing number of smartphone and tablet users

The Future of Online Gaming

• State List Subject: Under Entry No. 34 of List II (State List) of the Seventh Schedule, state legislators have the sole authority to enact laws governing betting and gambling.
• Legal distinction: Most Indian states regulate gaming on the basis of a distinction in law between ‘games of skill’ and ‘games of chance’.
• As such, a ‘dominant element’ test is used to determine whether chance or skill is the more important factor in determining the outcome of the game.
• Economic activity that is linked: Staking money or property on the outcome of a “game of chance” is illegal and punishable by criminal prosecution.
• ‘Game of Skill’ controversy: Placing any bets on the outcome of a “game of skill” is not necessarily illegal and may be permitted. It is worth noting that the Supreme Court acknowledged that no game is purely a “game of skill,” and that almost all games contain an element of chance.

Need for regulation

• There is currently no comprehensive legislation in India regarding the legality of online gaming or boundaries that specify applicable tax rates within the betting and gambling industry.
• Ambiguity in the industry: The gaming industry is still in its infancy and evolving, and many states are enacting legislation to bring some order to the online gaming industry.
• Subject of the state list: Online gaming in India is allowed in most parts of the country. However, different states have different laws regarding whether or not online gaming is permitted.
• Economic benefit: Well-regulated online gaming has its own set of benefits, such as economic growth and job creation.

Issues with online gaming

• Gaming addiction: Many people are becoming addicted to online gaming. This is destroying lives and wreaking havoc on families.
• Compulsive gaming: Children’s gaming is affecting their academic performance as well as their social lives and relationships with family members. Consider PUBG.
• Impact on psychological health: Following incidents of violence and suicide, online games such as PUBG and the Blue Whale Challenge were banned.
• Data privacy risk: Inadvertently sharing personal information can result in cases of cheating, privacy violations, abuse, and bullying.
• Betting and gambling: Online games based on the traditional ludo, arguably India’s most popular online game, have sparked debate and accusations of betting and gambling.

Why hasn’t a comprehensive law been enacted yet?

• Previously, states such as Tamil Nadu, Telangana, Andhra Pradesh, and Karnataka passed laws prohibiting the use of online games.
• They were, however, overturned by state High Courts on the grounds that an outright ban was unjust to skill-based games:
• Violation of fundamental rights to trade and commerce, liberty and privacy, speech and expression; law that was manifestly arbitrary and irrational insofar as it did not differentiate between two types of games, namely games of skill and games of chance;
• State legislatures lack the legislative authority to enact laws governing online skill-based games.

Way ahead

• Censorship: Minors should be allowed to proceed only with their parents’ permission — OTP verification on Aadhaar could help with this.
• Awareness: Gaming companies should educate users about potential risks and how to spot potential situations of cheating and abuse.
• A central government Gaming Authority should be established as a regulatory mechanism.
• Accountability of the gaming company: It could be held accountable for the online gaming industry, monitoring its operations, preventing societal issues, classifying games of skill or chance appropriately, overseeing consumer protection, and combating illegality and crime.
• Comprehensive legislation: The Centre should develop an overarching regulatory framework for online skill games. To compete in the global gaming industry, India must move beyond debates about skill versus chance.

Source: https://www.livemint.com/news/india/govt-proposes-amendment-to-it-rules-to-regulate-online-gaming-11672684752831.html

Lieutenant-Governor (L-G) Vinay Kumar Saxena has directed the Delhi Development Authority (DDA) to allocate 1.6 lakh square meters of land to Delhi’s prison department for the construction of a district prison complex in Narela.

Background

• President of India’s Speech: President Draupadi Murmu shared a glimpse of her journey with the audience at the Supreme Court’s Constitution Day celebrations in November 2022.
• Prisoners are unaware of their rights: She reflected on her visits to Indian prisons and the circumstances of those imprisoned. She emphasized that these people were frequently unaware of their fundamental rights and had been imprisoned for lengthy periods for minor offenses, while their impoverished families were unable to bail them out.
• All state organs must collaborate: President Murmu emphasized the importance of collaboration between the judiciary, executive, and legislature in order to assist them, and concluded by poignantly asking: How can we claim that we are progressing as a nation if we are still building prisons to address the issue of overcrowding?

What is the Prison’s problematic architecture?

• Delhi’s maximum security prison: In phase 1, which is expected to be completed by April 2024, a high-security jail with a capacity of 250 high-risk prisoners will be built in the complex.
• The prison administration has incorporated stringent security measures into the design, such as constructing high walls between cells to prevent inmates from viewing and interacting with one another, as well as building office spaces between cells to facilitate surveillance.
• Torture with intent: Prison architecture is frequently used to monitor, torture, and break the souls of inmates.
• Physical and mental health of prisoners: The Delhi prison administration is essentially creating solitary confinement with this prison design, which will have a severe negative impact on prisoners’ mental health.

Present condition of prisons in India

• Prisons in India are still governed by the Prisons Act, 1894, a colonial legislation that treats prisoners as second-class citizens and provides the legal basis for retributive, rather than rehabilitative, punishment.
• Laws with caste biases: These laws are also heavily casteist and have remained largely unchanged since they were drafted by the British. Some jail manuals, for example, continue to emphasize purity as prescribed by the caste system and assign work in prison based on the prisoner’s caste identity.
• Colonial mindset in prison governance: Organizations like the Vidhi Centre of Legal Policy have gone a step further in identifying colonial legal continuities that India must shred and how she can do so.
• The SC/ST community suffers the most: Furthermore, Dalits and Adivasis have a disproportionate representation in Indian prisons. The report ‘Criminal Justice in the Shadow of Caste’ by the National Dalit Movement for Justice and the National Centre for Dalit Human Rights explains the social, systemic, legal, and political barriers that contribute to this. Police can target them for reported crimes under legislation such as the Habitual Offenders Act and Beggary Laws.

Way ahead

• Preventive measures are required: We must take preventive measures before we realize we have gone too far down this road, subjecting several people to unnecessary trauma and confinement.
• Prison reforms, not more prisons: With the warning signs blaring, we must amplify President Murmu’s message about the need to incarcerate and stop building new prisons, so that the L-G takes appropriate steps in that direction.

@the end

Many prisoners in India continue to suffer minor offenses due to a lack of education and legal assistance. More than 70% of them are economically disadvantaged. Before building more prisons, the government must address police misconduct and judicial delays.

Source: https://www.thehindu.com/opinion/op-ed/towards-reducing-indias-prison-footprint/article66329746.ece

• The National Commission for Women (NCW) has asked all states to ensure that the sexual harassment at work law (POSH Act, 2013) is strictly enforced by coaching centers and educational institutes.

Why in the news?

• NCW is concerned about reports of sexual harassment at coaching facilities.
• It seeks to issue directives to all coaching institutes in order to ensure that effective steps are taken to prevent sexual harassment of female students.

POSH Act

• In 2013, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act became law.
• It defined sexual harassment, outlined the procedures for filing a complaint and conducting an investigation, and specified the appropriate action.
• The Vishaka Guidelines, which were already in place, were expanded.

What exactly are Vishakha Guidelines?

• The Supreme Court established the Vishakha guidelines in a 1997 decision. This was in a case brought by women’s rights organizations, one of which was Vishakha.
• She had prevented the marriage of a one-year-old girl in 1992, prompting the alleged gangrape as an act of retaliation.

Guidelines and the law

• The legally binding Vishakha guidelines defined sexual harassment and imposed three key obligations on institutions:
• Prohibition
• Prevention
• Redress
• The Supreme Court ordered that a Complaints Committee be formed to investigate allegations of sexual harassment of women in the workplace.

The POSH Act broadened these guidelines:

• It required employers to form an Internal Complaints Committee (ICC) at each office or branch with ten or more employees.
• It lay down procedures and defined various aspects of sexual harassment, including the aggrieved victim, who could be a woman “of any age whether employed or not”, who “alleges to have been subjected to any act of sexual harassment”.
• This meant that the Act protected the rights of all women working or visiting any work in any capacity.

Definition of Sexual Harassment

Sexual harassment, according to the 2013 law, includes “any one or more” of the following “unwelcome acts or behavior” committed directly or indirectly:

• Advancement and physical contact
• A request or demand for sexual favors
• Remarks of a sexual nature
• Displaying pornography
• Any other unwanted sexual physical, verbal, or nonverbal conduct.

The Ministry of Women and Child Development has published a Handbook on Sexual Harassment of Women in the Workplace, which contains more detailed examples of workplace sexual harassment behavior. These are, in general:

• Sexually suggestive remarks or innuendos; serious or repeated offensive remarks; inappropriate questions or remarks about a person’s sex life
• Threats, intimidation, or blackmail in relation to sexual favors; also, threats, intimidation, or retaliation against an employee who speaks up about these Unwelcome social invitations with sexual overtones, commonly interpreted as flirting Unwelcome sexual advances.

Unwelcome behavior

• According to the Handbook, “unwelcome behavior” occurs when the victim feels bad or powerless; it causes anger/sadness or low self-esteem.
• It adds unwelcome behavior is one which is “illegal, demeaning, invading, one-sided and power based”.

Source: https://www.thehindu.com/news/national/ncw-writes-to-states-to-ensure-sexual-harassment-law-implementation-by-coaching-institutes/article66321025.ece

The Centre launched the City Finance Rankings 2022 and City Beauty Competition to incentivize urban local governments to improve and strengthen cities’ public infrastructure based on key financial parameters.

About City Finance Rankings

• Its goal is to evaluate, recognize, and reward urban local governments based on their financial strength across key financial parameters.
• The goal of the City Finance Rankings is to encourage city and state officials and decision-makers to implement municipal finance reforms.
• Participating urban local governments will be graded on 15 indicators spanning three key municipal finance assessment parameters: resource mobilization, expenditure performance, and fiscal governance.

The cities will be ranked at the national level based on their scores in any of the four population categories listed below:

• Above 40 lakh
• Between 10-40 lakh
• 1 lakh to 10 lakh and
• Less than one lakh

The top three cities in each population category will be recognized and rewarded at the national level as well as within each state and state cluster

About City Beauty Competition

• Wards and public spaces in cities would be evaluated based on five broad criteria: (i) accessibility, (ii) amenities, (iii) activities, (iv) aesthetics, and (v) ecology.
• It would honor the most beautiful wards and public spaces in the city.
• It seeks to encourage and recognize the transformative efforts of Indian cities and wards in creating beautiful, innovative, and inclusive public spaces.

Source: https://pib.gov.in/PressReleasePage.aspx?PRID=1887067

• The Union Government introduced the Jan Vishwas Bill, 2022, (Bill) in Parliament last week with the goal of “decriminalizing” 183 offenses across 42 statutes and improving the ease of living and doing business in India.
• The Jan Vishwas (Amendment of Provisions) Bill, 2022 sought to amend 42 Acts in order to reduce the compliance burden on individuals and businesses while also ensuring ease of doing business.
• The Bill amends several Acts, including the Indian Post Office Act of 1898, the Environment (Protection) Act of 1986, the Public Liability Insurance Act of 1991, and the Information Technology Act of 2000.

Key provisions

(1) Replacing imprisonment with a monetary penalty

• Under the Bill, several offenses with an imprisonment term in certain Acts are decriminalized by imposing only a monetary penalty. For example, under the Agricultural Produce (Grading and Marking) Act, 1937, counterfeiting grade designation marks is punishable by imprisonment for up to three years and a fine of up to five thousand rupees. The Bill replaces this with an eight lakh rupee fine.
• According to the Information Technology Act of 2000, disclosing personal information in violation of a lawful contract is punishable by up to three years in prison or a fine of up to five lakh rupees, or both. This is replaced by a fine of up to 25 lakh rupees under the Bill.
• A person who sells a falsely represented article as patented in India is subject to a fine of up to one lakh rupees under the Patents Act, 1970. The fine is replaced by a penalty of up to ten lakh rupees under the Bill. In the event of a continuing claim, an additional penalty of one thousand rupees per day will be imposed.

(2) Penalty and fine revision

• The Bill increases the fines and penalties for various offenses under the specified Acts.
• Furthermore, every three years, these fines and penalties will be increased by 10% of the minimum amount.
• It is a positive step that can be interpreted as an attempt to reverse the trend of overcriminalization. However, much work remains to be done in order to institutionalize decriminalization efforts.

Why was this legislation introduced?

• An increase in criminal cases: Scholars of law have long been concerned about the unprincipled expansion of criminal law.
• Political motivations: Criminalization is frequently used by governments to project a strong image rather than to punish wrongdoing.
• Overcriminalization: Governments provide few justifications to support such decisions. Scholars have coined the term “overcriminalisation” to describe this phenomenon.
• Increased judicial burden: According to the National Judicial Data Grid, nearly 3.2 crore of the 4.3 crore pending cases are criminal proceedings.
• Prison overcrowding: Similarly, the increase in the prison population demonstrates this. According to the NCRB’s 2021 Prison Statistics, a total of 5.54 lakh prisoners were confined in prisons, with a capacity of 4.25 lakh.

Scope of the Bill

• Deterrence cannot be created by hefty fines: The Jan Vishwas Bill either eliminates or replaces criminal provisions with fines in legislation. These are primarily regulatory in nature offences.
• Quasi-decriminalization: An examination of the Bill’s provisions reveals that the emphasis has been on the replacement of imprisonment clauses with fines. This can hardly be termed as ‘decriminalization’.
• Decriminalization in the true sense
• Much work is required for decriminalization efforts to bear fruit in any meaningful way.

(1) Fine stigma to create deterrence

• In his seminal essay, ‘Is Criminal Law a Lost Cause?’ Mr. Andrew Ashworth distinguishes between regulatory and penal offenses, exemplified by the functional distinction between a tax and a fine.
• A tax’s primary purpose is regulatory, whereas a fine carries an element of censure and stigma.

(2) Disentangling minor economic offenses from overcriminalization

• Second, according to the Observer Research Foundation’s report Jailed for Doing Business, there are more than 26,134 imprisonment clauses in a total of 843 economic legislations, rules, and regulations in India that seek to regulate businesses and economic activities.
• In this light, the number of offenses deregulated by the Bill appears to be a drop in the ocean of India’s regulatory framework.

(3) Potential ‘ decriminalization’ of regulatory offenses

• This must be prioritized not only for the sake of ease of doing business but also for the sake of the ills that plague our criminal justice system itself.
• Decriminalization of several penal offenses, including sedition, offenses under the NDPS Act and UAPA Acts, triple talaq, and anti-conversion laws, is being debated.
• There is an urgent need to conduct a principled assessment of these offenses.

@the end

• The Bill’s intent is simply to ensure that fines replace imprisonment for as many offenses as possible.
• However, the extent to which it succeeds in ‘decriminalizing’ offenses is debatable.
• If these flaws are to be corrected, a more comprehensive exercise must be conducted, and the government must prioritize the needs and requirements of the criminal justice system.
• Nonetheless, this legislation is a positive step in every way.

Source: https://www.thehindu.com/news/national/goyal-introduces-bill-to-decriminalise-minor-offences-to-promote-ease-of-doing-business/article66292758.ece