Category: Governance

According to the 2022 prison census published by the Committee to Protect Journalists, the number of journalists imprisoned worldwide for exercising their profession has reached a record high, with 363 reporters being deprived of their freedom as of December 1, 2022. (CPJ).

Committee to Protect Journalists (CPJ)

• The CPJ is a worldwide network of correspondents for the American independent non-profit, non-governmental organisation with headquarters in New York City, New York.
• CPJ upholds journalists’ rights while promoting freedom of the press.
• The “Red Cross of Journalism” is another name for it.
• The organisation has been issuing an annual census of journalists who have been slain or imprisoned as a result of their work since the late 1980s.

Key highlights

• The top five countries imprisoning journalists this year were Iran, China, Myanmar, Turkey, and Belarus, in that order.
• Press freedom restrictions include new “fake news” regulations, criminal defamation, and abuse of the judicial system.
• The top five countries imprisoning journalists this year were Iran, China, Myanmar, Turkey, and Belarus, in that order.
• These governments sought to quell simmering unrest in a world shaken by COVID-19 and the economic repercussions of Russia’s assault on Ukraine.
• In China, too, another ‘worst offender’, many imprisoned journalists were Uighurs from Xinjiang.

What was said towards India?

• India still receives criticism for how it handles the media, particularly for using the Jammu and Kashmir Public Safety Act, the Preventive Detention Law, and the Terrorism-Related Unlawful Activities (Prevention) Act to investigate and charge journalists with crimes after they had been granted court-ordered bail in separate cases.

Why does this report matter?

• In the World Press Freedom Index earlier this year, India dropped further from its 142nd rank out of 180 countries to 150th place.
• In the Indian media environment, journalists’ safety is of the utmost importance.

@the-end

• The time is now to think carefully about the country’s urgently required media ecosystem reforms.
• The urgent actions required are to establish plurality in ownership, improve legal protections for journalists, and take measures to lessen the influence of vested interest organisations in media operations.

The Digital Personal Data Protection Bill, 2022, the fourth iteration of the data privacy legislation, was published by the government on November 18. (Bill).

Background

• The Right to Privacy Bill, 2011, which was the subject of debates started the process of creating data protection legislation in 2011.
• The K. Puttuswamy ruling from 2017 gave the data protection case a significant boost by concluding that the “Right to privacy” is a basic right protected by Article 21—the right to life and personal liberty.
• The government created B.N. Srikrishna committee to design a law for data protection and privacy in the wake of the Puttaswamy decision. The Justice B.N. Srikrishna Committee’s report on this was the catalyst for the 2019 Personal Data Protection Bill.

What other areas of this bill require attention?

• Only the nature and seriousness of the breach are still in focus: Although the Bill is generally comprehensive. It is necessary to elaborate on Section 25 and Schedule I, which deal with fines. According to Section 25, a person found guilty of non-compliance in detail-related concerns shall pay a certain amount of money as a financial penalty. Only the nature and seriousness of the offence are still in focus. The financial standing of a firm is not taken into account when imposing penalties under the proposed legislation.
• The company’s financial standing must be taken into account while drafting the bill. For the Bill to be effective, fines cannot cause businesses to go bankrupt. Instead, they must be commensurate to the size and operations of the organisation.
• One can learn from laws like the General Data Protection Regulation (GDPR) of the European Union, which assesses fines based on a company’s entire annual revenue, among other comparable laws.

What makes this bill distinct and comprehensive?

• Cooperation: The Bill protects personal data while also encouraging communication and collaboration between data fiduciaries and the government.
• It has been written in a way that is specifically tailored to India’s requirements, while drawing on the best practises of other foreign jurisdictions, including Australia and Europe.
• Exemptions have limitations: Even the exclusions provided to the Centre are very stringent and in line with earlier legal rulings and Article 19(2) of the Constitution.
• Change in how laws are drafted that is major: The Bill represents a change in how laws are drafted that is significant. Understanding a piece of legislation in India has typically been similar to belonging to an elite club where only politicians, policy experts, and a small number of legal professionals are qualified to do so.
• Ensures accessibility and simplification for common people: It recognises that it is in our best interests to make sure that all laws, particularly those that have a significant impact on citizens, are made accessible to all individuals regardless of their professional or educational standing. This Bill thus represents a transition from legalese to legal simplification.

@the-end

The Bill protects personal information while encouraging collaboration between data fiduciaries and the government. Even though it incorporates best practises from other countries, it was written specifically to meet India’s needs. The Centre has been granted a number of severely limiting exemptions.

In the space of 12 hours, three students killed themselves in Kota, Rajasthan, which is known as India’s centre for coaching and education. Kota, which is well-known for producing IITians, physicians, and engineers, has been in the news for the past few years due to the number of student suicides and depression cases.

Suicide

• Suicide is the deliberate act of bringing about one’s own death.
• Risk factors include mental and physical illnesses, substance abuse, anxiety, and depression.
• Some suicides are impulsive acts brought on by stress, such as pressures from work or school, relationship issues, such as breakups or divorces, or bullying and harassment.
• Despite being completely avoidable, suicide is claiming more lives in India.

Accidental Deaths and Suicide in India: A National Crime Records Bureau Report, 2021

• According to the statistics issued this year, the number of student suicide deaths increased by 4.5% in 2021.
• With 1,834 fatalities, Maharashtra had the greatest death toll, followed by Madhya Pradesh (1,308) and Tamil Nadu (1,246).
• The survey claims that over the past five years, student suicides have been progressively increasing.
• Young people aged 15 to 29 in India have the greatest suicide rates, according to a 2012 Lancet investigation.
• The National Crime Record Bureau (NCRB) estimates that in 2020, one student committed suicide every 42 minutes, or more than 34 students committed suicide per day.

What are the causes of these concerning student suicide statistics in India?

• Education in India has always been seen as a path to job and a means of subsistence rather than as a means of acquiring knowledge.
• Pressure to enter the highly-paid private sector or the government: Many students and their families long for the desired “sarkari naukri” (government job), which would free them from the precarious social, caste, and class situations they currently face.
• Limited educational infrastructure: Because the Union government was unable to upgrade the nation’s educational infrastructure, exam-focused coaching had grown to be the standard.
• For many students, coaching facilities serve as prisons: Coaching centres became one of the leading industries in the education sector by capitalising on people’s “desire for a brighter future.” For the numerous children who enrol in them, these centres are now being viewed as prisons where their bodies, souls, and dreams are subdued.
• There are several things that exclude pupils who are already vulnerable: The lack of English-medium education, expensive private schools, subpar instruction at government-run schools and institutions, rising economic inequality, graduates lacking the necessary skills to find employment, and caste discrimination are just a few of the factors that further isolate students from marginalised groups.
• Neoliberalism’s emergence as a dominant economic and social philosophy has led young people to place the burden for not landing their “dream job” squarely on their own shoulders, while the government continues to abdicate its fundamental duties.
• Neoliberal strategy for failure and success is flawed because it maintains promoting the idea that success can be found if one works hard enough, normalising the idea that young people should take responsibility for their own “failures.”

What different options have been put forth?

• It’s also important to dispel the misconception that Indian families are nurturing since, as the main societal institution, families determine young people’s goals and dreams. Families should truly support one another.
• In order to replace temporary fixes, more in-depth reflection is required: The necessity of the hour is for deeper reflection on structural elements of the educational system. Instead, we take satisfaction in creating Jugaad (improvised solutions) to handle matters peripherally without addressing the core issue.
• Reducing the students’ stress: Others have made recommendations similar to those made by the Andhra Pradesh Board of Intermediate Education in 2017 to lessen the burden on pupils, including yoga and physical education sessions and maintaining a healthy student-teacher ratio.
• Recognising current conditions and implementing improvements It is painfully obvious that the bigger problem of a punitive educational system that is just not meant to support young brains or equip them for today’s economic realities is still not being addressed.
• Individual accountability: Family is not the only important factor in a student’s life; society also has a considerable impact. As a culture, we should recognise the genuine meaning of life and stop classifying students as successful or unsuccessful. Instead, assist them in reaching their full potential by being sympathetic.

@the-end

It’s time for civil society to start seeing student suicides as a sign of a serious crisis in the nation’s educational system, including the institutional structure, curriculum, and other factors. Scholars have long connected farmer suicides to India’s agrarian crisis. An economic environment with fewer prospects and a sizable population of young people have combined to create a public health issue that needs to be addressed right away.

The CM breakfast programme in Tamil Nadu is advocated for replication in other states in this newscard.

The Breakfast Plan of CM

• Around 1.14 lakh pupils are covered by the programme in 1,545 schools, including 728 taluk and village panchayat-level schools and 417 municipal corporation schools.
• The launch of the programme represents a significant turning point in the State’s history of offering free meals to students.

Evolution of the idea

(a) Pre-independence

• A proposal for supplying tiffin to pupils at a Corporation School in Thousand Lights at a cost of no more than one anna per student per day was approved by the Madras Corporation Council in November 1920.
• Theagaraya Chetty, the corporation’s then president and a leader in the Justice Party, claimed that the school’s male students’ poverty had a “greatly” negative impact on the institution’s strength.
• The program, which was expanded to four additional schools, made it easier for students to enroll.

(b) Post-independence

• When the then-CM K. Kamaraj decided to offer free lunch to underprivileged children in all elementary schools throughout the State, the idea received widespread application.
• A plan to provide pupils with lunch for 200 days a year was included in the budget for 1956–1957. At first, 65,000 students were served at 1,300 feeding facilities.
• The task of expanding the programme to include children in the 2–5 age range in Anganwadis and those in the 5–9 age range in rural primary schools fell to the then-CM MG Ramachandran in July 1982.
• The program—now known as the Puratchi Thalaivar MGR Nutritious Meal Programme—was subsequently expanded to include metropolitan areas.
• Since September 1984, students of standards VI to X have been covered under the scheme.

Beneficiaries of the programme

• Currently, there are 43,190 centres serving wholesome meals to over 7 lakh clients.
• This includes about 3,500 youngsters attending special schools run by the National Child Labour Project (NCLP).
• Additionally, around 15.8 lakh kids between the ages of 2 and 5 receive nutritious meals as a result of the Integrated Child Development Scheme (ICDS) and the nutritious meal programme being implemented in tandem.

Impact

• Increase in enrollment: From July to September 1982, the Gross Enrollment Ratio (GER) at primary level (standards I to V) increased by 10% over the same period in 1981 following the implementation of the midday meal scheme’s upgraded version in 1982.
• Females’ enrollment: According to a report released by the Tamil Nadu government to mark the start of the Scheme, enrollment among boys increased by 12% while that among girls increased by 7%.
• Attendance increase: Similarly, attendance increased from July through September 1982 by 33% compared to the same period the previous year.

Focus areas

• According to the 2019–21 National Family Health Survey (NFHS)–5 report, anaemia is a significant public health issue in Tamil Nadu, particularly for women and children.
• The prevalence of anaemia in children has increased to 57% from 50% during the 2015–16 NFHS-4 period.
• The departments of School Education, Public Health, Social Welfare, and Women Empowerment can work together to address this health concern as well as numerous others.
• Additionally, a sustained review of the scheme’s and the food program’s progress should be conducted in a constant and thorough manner.

Conclusion

• In other words, the government can offer significant benefits to the children for a relatively tiny additional cost.
• All of the state’s schools must be included in the programme.

Additionally, it would be wise to replicate the programme in other Indian states

For around 800 million people, the National Food Security Act (NFSA), 2013, and the Public Distribution System (PDS) offer a critical safety net. Even PDS detractors acknowledged the PDS’s assistance during the COVID-19 shutdown.

Background: COVID-19 lockdown and policy gaps in ensuring food security

• The PDS still excludes far too many people: It became clear that far too many people were still not included in the PDS as a result of the humanitarian situation brought on by the COVID-19 lockdown.
• Government action: The Government promptly took one sane policy decision in response to the humanitarian situation. The 800 million people already enrolled in the PDS had their entitlements increased by twofold (from five kilogrammes per person per month, to 10kg). For people without ration cards, however, that is useless.

National food security Act (NFSA)

• Two-thirds of India’s 1.2 billion people are expected to get subsidised food grains as a result of the NFS Act of 2013.
• Legal rights for current food security initiatives: On September 12, 2013, it became official, going back to July 5, 2013. It transforms into legal entitlements for the Government of India’s ongoing food security programmes.
• Integrating various government initiatives: It consists of the Public Distribution System, Integrated Child Development Services (ICDS) programme, and Midday Meal Program (PDS). While the PDS will reach around two thirds of the population (75% in rural areas and 50% in urban areas), the Midday Meal Scheme and the ICDS are universal in character.
• It acknowledges maternal entitlement: Daily free cereals are available to expectant moms, nursing mothers, and specific categories of youngsters.
• Important clauses: People who live in “qualified households” have a legal entitlement to receive foodgrains at a discounted price under the NFSA. Under the Targeted Public Distribution System, it contains coarse grain at Rs. 1/kg, wheat at Rs. 2/kg, and rice at Rs (TPDS). We refer to these as primary issue prices (CIPs).

Public Distribution System (PDS) coverage

• The NFSA 2013’s Section 3(2) governs PDS coverage.
• According to the statement, qualified households’ entitlements “should extend up to 75% of the rural population and up to 50% of the urban population.”
• The total number of people who must be covered, according to Section 9 of the NFSA, “must be computed on the basis of the population estimates as per the census of which the relevant numbers have been published.”

The exclusion problems

• The exclusion issue may be brought on by the NFSA coverage ratios being too low to begin with or by the “freeze” in coverage in absolute terms (around 800 million).
• Population growth has not been taken into account: Since the 2011 Census, population growth has not been taken into account for calculating the number of ration cards. The 2021 Census could hardly have been predicted to be postponed forever. This demonstrates that not even a decadal update has taken place.
• Lack of understanding of the issue: There is no effort made to comprehend or address the struggles faced by those who lack the PDS’s safety net of food security.
• Observation and advice from the court: The Problems and Misseries of Migrant Laborers case was brought before the Supreme Court of India as a result of government inactivity. The Court acknowledged that the request for more coverage “looks sincere and warranted.” “Come out with a formula and/or appropriate policy/scheme, if any, so that the benefits under NFSA are not restricted as per the census of 2011 and more and more needy persons/citizens obtain the benefit under the National Food Security Act,” it instructed the Union of India. The Court went on to say that the Government may remedy this problem through “projection of population expansion.”
• States being burdened: The government makes several attempts to place the blame on state governments in its reaction. Once the States receive the numbers to be covered by the federal government, they are in charge of identifying individuals for PDS ration cards.

Way forward

• Many State governments have used their own funds, including those of impoverished States like Chhattisgarh and Odisha, to increase coverage over the limits set by the federal government.
• An expansion is only financially feasible with strong procurement trends and a secure position in food stocks.
• The Supreme Court’s directive to account for population growth will result in an increase in coverage of about 10%. (from 800 million to 900 million).
• Any realistic strategy should have a system for annually adjusting coverage to take population growth into account.

@the-end

The Supreme Court should be firm and order the Government to get started allocating the additional coverage of roughly 100 million across States so that the States can begin identifying new ration card beneficiaries, rather than allowing the Government to continue delaying this (the matter has been in court since 2020).

India’s maternal mortality ratio (MMR) decreased from 103 deaths per lakh in 2017–2019 to 97 deaths per lakh in 2018–2020. The most recent data made available by the office of the Registrar General of India shows that this represents a significant improvement above the 130 deaths per lakh in the years 2014 to 2016.

Maternal mortality

Regardless of the length or location of the pregnancy, maternal death is defined by the World Health Organization as the death of a woman while she is pregnant or within 42 days of the termination of her pregnancy from any cause associated with or aggravated by the pregnancy or its management, but not from accidental or incidental causes.

Maternal mortality ratio (MMR)

• The primary indicator is the maternal mortality ratio, which is a Kay indicator.
• The number of maternal fatalities during a certain time period per 100,000 live births over the same time period is known as the maternal mortality ratio, or MMR.
• It essentially depicts the risk of death in a single pregnancy or a single live birth and shows the risk of maternal death relative to the number of live births.
• Target 3.1 of the United Nations’ Sustainable Development Goals (SDG) calls for bringing the global maternal death rate down to fewer than 70 per 100,000 live births.

Maternal mortality Ratio (MMR) in India: recent figures

• The MMR in the north-eastern states decreased from 2014 to 2016 when it was at a dangerously high 237 fatalities per one lakh live births. According to data provided on November 28, 2022, this has greatly improved over time, reaching 229 in 2015–2017, 215 in 2016–2018, and 205 in 2017–2019.
• Southern states consistently do better than the national average. From 46 in 2014–2016, 42 in 2015–2017, 43 in 2016–2018, and 30 in 2017–2019, the southern states have nearly always outperformed the nation as a whole.
• Best-performing state remains to be Kerala, which has a low MMR of 19 per one lakh live births.
• Assam has improved over time while maintaining a high MMR at the regional level (195): Assam has improved over time while maintaining a high MMR at the regional level (195).
• States that perform better: Apart from Kerala, the states that perform better are Maharashtra (33), Telangana (43), Andhra Pradesh (45), and Gujarat.
• Other states with high MMR include West Bengal (105) and Rajasthan (113), as well as Madhya Pradesh (173), Uttar Pradesh (167), Chhattisgarh (137), Odisha (119), Bihar (118), and Haryana (110).
• The Empowered Action Group (EAG), a grouping of socioeconomically impoverished regions on which the progress of the nation depends, includes the majority of the states with high MMR.

Maternal Mortality Ratio (MMR) v/s Maternal Mortality Rate

• Maternal Mortality Ratio (MMR): This figure is obtained from the Sample Registration System’s reporting of the number of maternal deaths per 100,000 live births (SRS).
• Maternal Mortality Rate: This figure is determined by taking the number of deaths of mothers among women aged 15 to 49 who were reported to the SRS.

Maternal mortality rate in India

• The maternal mortality rate in India is six.
• Madhya Pradesh (15.3), Uttar Pradesh (14.3), Assam (12.1), Bihar (11) and Chhattisgarh are some of the states with low performance (9.9).
• With a maternal mortality rate of under 0.9, Kerala is the only state to accomplish this feat.
• Other states in the top group are Tamil Nadu (2.4), Telangana (2.3), Andhra Pradesh (2.4), and Maharashtra (1.8). (2.7).
• Similar trends can be seen in the lifetime risk data, with Madhya Pradesh leading the way at 0.53%, followed by Uttar Pradesh (0.50%), Assam (0.42%), Bihar (0.49%), and Chhattisgarh (0.49%). (0.35 per cent).
• The lifetime risk of maternal death is 0.21 percent at the national level.

Conclusion

Despite constantly improving maternal mortality rates as it approaches its national goal of bringing MMR below 100, India continues to fall short of the MMR target set by the UN’s Sustainable Development Goals, which is 70 deaths per 100,000 live births. By 2030, the nation has eight years to reach this goal. There is still much space for improvement, according to several markers of maternal health.

Vote counting is a complex operation that calls for both speed and accuracy in a country like India where each constituency may have thousands of voters.

Where are the Votes counted?

• All votes should ideally be counted in the same place inside the constituency.
• The number of counting centres that are appointed during general elections, when seats are greater and there are more Assembly constituencies, will depend on how many votes need to be counted.
• The Returning Officer (RO) selects the site(s) for voting, with several centres in assembly segments being supervised by the Assistant Returning Officers (ARO).
• All votes should ideally be counted in one large hall with numerous tables at counting centres.
• However, with approval from the Election Commission, more rooms may be added if the RO believes there is a risk of overpopulation (EC).

Returning Officer: Role

• The RO is appointed for each constituency by the Election Commission.
• The RO is the highest authority in the district during the election and has a broad range of authorities to conduct elections in a peaceful and impartial manner.
• The following responsibilities of the RO pertain to the counting of votes: designating the counting centres and obtaining Commission approval well in advance; notifying the candidates of the location, date, and time of the counting of votes; hiring and training the counting staff; and counting the votes and announcing the outcome.
• The results are announced after many steps of counting that are not conducted by the ROs themselves.
• When it comes to election vote counting, they are the last arbiter.

Supervision

• Each counting table in a counting room will tally a specific number of postal ballots or electronic voting machines on a round-by-round basis.
• A counting supervisor and up to two assistants perform the actual counting at each table.
• They should be officers who have been gazetted, and the RO appoints them.
• They acquire specialised training for the duties they are required to do.
• For instance, the training for individuals who count postal ballots differs from that given for those who count votes from electronic voting machines.

Observers in the counting process

• At each counting room, the EC assigns observers who are tasked with keeping a record of events and submitting a report.
• They are typically GoI workers who have the responsibility of monitoring the entire operation of the electoral system.
• The counting room is open to all candidates who appeared on the ballot as well as their representatives.
• Each party and candidate sends a counting agent to make sure the votes are counted fairly and in accordance with the rules, and to file any complaints that may arise.

Since the new adoption regulations were made known two months ago, the number of child adoptions still pending has decreased from 905 to 644.

The news

The Juvenile Justice Act’s adoption rules were announced in September of this year.

Adoption Regulations, 2022

• District Magistrates may now issue adoption orders under the new regulations.
• The judges used to exercise this authority.
• The Child Adoption Resource Information and Guidance System (CARINGS) online platform for adoption has also undergone changes.
• Prospective adoptive parents can now choose their home State or region in compliance with the new regulations.
• This is required to make sure that the family and child get along well and share the same sociocultural environment.

Adoption in India

• The Central Adoption Resource Authority was given authority in 2015 by the then-Minister for Women and Child Development, who did this to centralise the entire adoption system (CARA).
• The Ministry of Women and Child Development established the CARA in 2015 as an independent, statutory authority.
• It was given the authority to keep a registry of children and potential adoptive parents in several specialised adoption organisations, as well as to pair them together before adoption.
• As child care facilities and NGOs could immediately give children for adoption after acquiring a no-objection certificate from CARA, this was intended to address rampant corruption and trafficking.

Concerns

• It will be necessary to transfer parents, activists, attorneys, and adoption agencies, and the procedure will need to be restarted.
• If such an order is delayed, a child may frequently be denied entrance to a school because their parents do not yet possess a birth certificate.
• Parents and attorneys claim that the JJ Act modification has caused confusion in the system and delays because neither judges nor DMs are aware of it.
• Civil cases that give a child the right to inherit or succeed to a property are not handled by DMs.
• If these rights are contested when a child turns 18, a court ruling is much more likely to hold up and guarantee the child won’t be denied their rights.

Adoption procedure in India

Adoptions in India are governed by two laws:

• HAMA, the Hindu Adoption and Maintenance Act of 1956: For purposes of succession, inheritance, family name maintenance, and funeral rights, it is a law that prioritises the interests of the parents. Later adoption of daughters was included since kanyadaan is seen as a crucial component of dharma in Hindu tradition.
• 2015 Juvenile Justice Act: It deals with difficulties with children who are in need of care and protection as well as those who are in conflict with the law, and it only offers a brief chapter on adoptions.

For adoptive parents, each law has a different set of requirements.

• A specialised adoption agency conducts a home study report after applicants for the JJ Act have registered on the CARA portal.
• A child who has been deemed legally available for adoption is forwarded to the applicant once it determines that the candidate is eligible for adoption.
• A “dattaka hom” ceremony, an adoption deed, or a court order are all required under HAMA in order to secure irrevocable adoption rights.

Problems with child adoption in India

• Parent-centrism: The current adoption strategy is mostly focused on the parents, but parents need to make it more child-centered.
• Most parents in India prefer children between the ages of 0 and 2, since they feel that this is when the parent-child link is created.
• Institutional problems: There aren’t enough kids up for adoption because there are disproportionately more abandoned kids than kids in institutions.
• Lineage discrimination: Because they desire their genes, blood, and lineage to be passed down to their children, the majority of Indians have a mistaken perspective of adoption.
• Red tape: Since the adoption regulations of 2017 and the juvenile justice rules of 2016 were implemented, adopting a child is also a difficult undertaking.

When Dera Sacha Sauda founder Gurmeet Ram Rahim Singh, who is currently serving a 20-year prison term for raping two disciples, was photographed in October holding an online “satsang” while out on parole for 40 days, there was a major outrage in the media. S. Nalini, who was sentenced to life in jail for her role in the killing of Rajiv Gandhi, received a number of parole extensions from December 2021 till her release. It is not a good sign for the criminal justice system when parole regulations are inconsistent.

Parole and furlough

• Release from detention for a brief period of time: Both furloughs and parole try to help inmates change their ways by allowing for brief releases from custody.
• Not a Right, but rather a case of Particular Exigence The provision of parole is made in response to a “particular emergency” and is not a legal entitlement.
• Both provisions are dependent on the prisoner’s circumstances, including jail behaviour, the seriousness of the offences, the length of the term, and the public interest.

Provision pertaining to parole and/or furlough

• No particular clause: Neither the Prisoners Act of 1900 nor the Prisons Act of 1894 contained any particular provisions addressing parole or vacation.
• The state has the authority to enact such laws: The Prisons Act grants States the authority to enact regulations, among other things, “for the shortening of sentences” and “for awards for good conduct.”

Parole rules are different for different states and on different case

• Suspension of sentence in Uttar Pradesh: According to the Uttar Pradesh rules, the government may suspend a person’s sentence for a period of time, usually up to one month, without using the terms parole, furlough, or leave. With the Governor’s previous agreement, the suspension period may, however, be extended to even twelve months.
• According to Maharashtra’s laws, a convict may be released on “furlough” for 21 or 28 days, “emergency parole” for 14 days, or “normal parole” for 45 to 60 days, depending on the length of their sentence.
• Haryana’s parole laws have recently been changed, allowing for “normal parole” of up to 10 weeks (in two halves), “furlough” of three to four weeks every year, and “emergency parole” of up to four weeks. Ram Rahim is currently on parole as usual.
• Rules of leaves and their application in the cases of Tamin Nadu and Nalini: Although the 1982 Tamil Nadu guidelines allow for “regular leave” to last between 21 and 40 days, “emergency leave” is only allowed for up to 15 days (to be spread over four spells). The government may, however, extend the duration of emergency leave in extraordinary cases. Due to her mother’s illness, Nalini had been on long-term emergency leave until recently.
• Rules in Andhra Pradesh forbid extension, in contrast to TN: Surprisingly, the Andhra Pradesh regulations expressly forbid this extension (Nalini extension) due to the ongoing illness of a prisoner’s kin. The government may, however, extend parole/emergency leave in exceptional circumstances. They allow “furlough” and parole/emergency leave up to two weeks.
• Similar to other states, Odisha’s laws allow for up to a four-week “furlough,” a 30-day “parole leave,” and a 12-day “special leave.”
• West Bengal: In the event of a “emergency,” a prisoner may be released on “parole” for a maximum of one month and up to five days.
• Kerala: Kerala offers up to 15 days of “emergency leave” at a time and up to 60 days of “regular leave” in four spells.

‘Custody parole’ provision

• Release from custody after being denied permission to depart for a few hours in the event of an exceptional emergency.
• parole from prison For Haryana: A hardened criminal who is not eligible for parole or furlough may be freed for up to six hours to attend a close relative’s funeral or wedding while being escorted by the police. There is an extensive list of “hardcore” inmates in Haryana who are not eligible for release other than on “custody parole” under specific circumstances.
• Tamil Nadu: A prisoner who is freed on emergency leave and poses a threat to the community is given police escort.
• Kerala: Similar to the situation above, prisoners in Kerala who are not qualified for emergency leave may be allowed to visit under police escort for up to 24 hours.
• States that forbid the release of dangerous to society habitual offenders and convicts under Sections 392 to 402 of the Indian Penal Code include Andhra Pradesh, Maharashtra, Kerala, and West Bengal.

@the-end

Arbitrariness is likely to creep in without a common legal framework in place to regulate the States and prevent abuse, endangering the entire criminal justice system. This task is impractical given that “prisons” is on the State List unless at least half of the States unite to ask the Central Government to pass a common law on parole and furlough for the entire nation.

The northern states of India experience severe winter and summer weather. In winter from extreme cold and in summer from unbearable heat, hundreds of homeless people pass away.

Why is homelessness a problem?

• Absence of records: There are no government records that list deaths brought on by homelessness. In the age of statistics, it casts doubt on the severity of the problem and exposes the complacency of the state.
• Extreme poverty: Since the majority of homeless people are malnourished and extremely poor, homelessness is one of the worst kinds of marginalisation.
• Having a poor health condition: Finding affordable healthcare is another challenge. In many cases, expensive conditions have an impact on mental health.
• Violence vulnerability: In addition, these circumstances also encourage drug and alcohol use. It fosters an environment that is favourable to drug misuse. Such situations make a person more susceptible to violence, particularly in the case of women and children.

Reasons for homelessness

• Extreme poverty,
• Inadequate affordable housing,
• High levels of inequality,
• Discrimination,
• Low wages,
• High rents,
• The soaring cost of living

Homelessness in India: Statistics

• Nearly 17.7 lakh persons were estimated to be homeless in the 2011 census; however, this estimate does not include all homeless people.
• Supreme Court Commissioners: Since censuses are held every ten years, the data is decades outdated. According to the Supreme Court’s commissioners, 37 lakh people—or 1% of the metropolitan population—are homeless.
• In order to determine the number of urban homeless people, the Ministry of Housing and Urban Affairs performed a third-party poll in 2019. It calculates that there are roughly 23.93 lakh homeless persons. The surge in the number of homeless people has been caused by both population growth and the COVID-19 pandemic.

“Shelter for Urban Homeless (SUH)” Scheme

• The plan aims to give homeless urban residents refuge. Under the Deendayal Antyodaya Yojana-National Urban Livelihoods Mission, SUH is a sub-scheme (DAY-NULM). The following provisions are mentioned in the scheme guidelines:
• Permanent all-weather shelters will be accessible round-the-clock.
• Every 1 lakh people need a permanent community centre that can accommodate at least 100 people.
• Depending on the surroundings, each should be able to accommodate 50 to 100 people.

The problems in shelter homes

• Entry-level obstacles: Due to regional problems such shelter location, entry fees, and the need for documentation for verification, homeless people encounter entry-level obstacles when trying to access public shelters.
• Lack of IDs: The majority of homeless people work in the unorganised sector of the economy and lack essential identification documents like voter IDs and Aadhar cards. They become “invisible” to the city government as a result, and their voice is not heard.

Tackling the issue of homelessness

• ULBs are responsible for: The urban local bodies are in charge of reaching out to the homeless population. Surveys must be conducted by the local government to determine the number of homeless people.
• Decentralized funding: State governments must put the 74th Constitutional Amendment into effect in its intended manner. When it is put into practise, ULBs will have more power and be able to teach SMCs to handle local concerns and bring all shelter homes under their purview.
• Providing benefits through ULBs: This can assist them in securing benefits and ensuring the convergence of various government programs, thereby addressing systemic problems like violence and exclusion.

Conclusion

If the needs of the homeless are not met, the goal of providing shelter for everyone will remain a pipe dream. In the whole housing continuum, providing shelter for the homeless is an important link. To ensure the decentralisation of government, state administrations must give municipal entities more authority.