State Of India’s Undertrial Prisoners

GS 2: Polity and Governance: Undertrial Prisoners

Why is it in the news?

• Union Home Minister Amit Shah has emphasized the release of undertrial prisoners who have spent more than one-third of the maximum sentence for their alleged crimes before Constitution Day (November 26).
• Highlighting relaxed bail provisions under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Shah stated the government’s intent to ensure justice for those who have been detained disproportionately long. His remarks underline the aim of preventing the undue incarceration of undertrial prisoners.

Undertrial Prisoners

• An undertrial refers to an individual who is either currently on trial, imprisoned on remand while awaiting trial, or undergoing legal proceedings in a court of law.
• The 78th Report of the Law Commission further expands this definition to include individuals in judicial custody on remand during the investigation phase.

State of Undertrial Prisoners in India

• The National Crime Records Bureau’s Prison Statistics India 2022 reveals that 75.8% of India’s incarcerated population comprises undertrial prisoners, amounting to 4,34,302 individuals out of a total of 5,73,220 prisoners. Among the 23,772 women in prisons, 18,146 (76.33%) are undertrials.
• Additionally, 8.6% of all undertrial prisoners have been detained for over three years, though the report does not specify how many of these are first-time offenders. These statistics highlight the urgent need for reforms to address prolonged pre-trial detentions.

Section 479 of the BNSS

• Section 479 of the BNSS specifies the maximum detention period for undertrial prisoners, mandating their release on bail if they have served half the maximum sentence for the alleged offence.
• For first-time offenders, the provision is further relaxed, requiring their release after one-third of the maximum sentence, provided they have no prior convictions.
• However, exceptions exist for cases with pending investigations or multiple charges against the accused. This provision mirrors Section 436A of the CrPC but incorporates additional leniency for first-time offenders.

Supreme Court’s Interpretation

• The Supreme Court has played an active role in addressing the plight of undertrial prisoners. In the case In re: Inhuman conditions in 1382 prisons, initiated in 2013, the court examined issues like prison overcrowding and inadequate staff.
• In August 2024, the court acknowledged Section 479 of the BNSS as a more beneficial provision and ruled for its retrospective application, extending its benefits to cases registered before its enforcement on July 1, 2024.
• State governments and Union Territories were directed to provide data on eligible undertrials and their release status.

Challenges in Implementation

• Despite the Supreme Court’s directives, implementation has been slow. By October 22, only 19 of the 36 states and Union Territories had filed compliance responses.
• On November 19, the court reiterated its order, asking jail superintendents to identify eligible undertrial prisoners, particularly women, for bail consideration.
• Jail superintendents are also mandated under Section 479 to proactively apply for bail on behalf of prisoners once the stipulated period of detention has elapsed.

Russia’s Updated Nuclear Doctrine: Key Changes and Implications

GS 2: International Relations: Russia-Ukraine war

Why is it in the news?

• President Vladimir Putin has revised Russia’s nuclear weapons policy, emphasizing its role as a deterrent and detailing scenarios for potential use.
• The updated doctrine, last revised in 2020, was published the same day Ukraine deployed US-supplied ATACMS missiles against Russian targets for the first time during the ongoing conflict.

Implications for the Ukraine War

• The new doctrine states that aggression against Russia by a non-nuclear state, if supported or carried out with the participation of a nuclear state, would be considered a joint attack.
• It also includes scenarios for a nuclear response, such as reliable intelligence about massive cross-border air attacks involving planes, missiles, or drones. This is relevant as Ukraine frequently conducts air strikes, including those supported by Western weapons, to weaken Russia’s military capabilities.

Key Changes in the Doctrine

While much of the language remains unchanged from 2020, there are notable updates that effectively lower the threshold for nuclear use:

• Belarus Under Nuclear Umbrella: Russia has explicitly extended its nuclear deterrence to Belarus. It may now respond with nuclear weapons to conventional attacks on either Russia or Belarus if such actions threaten their sovereignty or territorial integrity. Previously, the threshold was limited to threats to the state’s very existence.
• Expanded Scope of Deterrence: The deterrent now includes countries that host foreign military infrastructure or allow their territory to be used for aggression against Russia.

Additional Scenarios for Nuclear Response

• The updated doctrine lists new risks and situations that could prompt a nuclear response, including:

1) Formation of new military coalitions or expansion of existing ones near Russia’s borders.

2) Movement of enemy military infrastructure closer to Russia.

3) Large-scale military exercises conducted near Russia’s territory.

ICC: Arrest Warrants Issued Against Netanyahu and Gallant

GS 2: International Relations: Arrest Warrant against Israel PM

Why is it in the news?

• The International Criminal Court (ICC) has issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, accusing them of “crimes against humanity and war crimes.” Hamas leader Ibrahim Al-Masri, also known as Mohammed Deif, has been named in a separate warrant.
• Gallant was dismissed by Netanyahu in November 2024, reportedly for advocating a ceasefire and a deal to recover Israeli hostages captured by Hamas. Meanwhile, Israel claims Deif was killed in an airstrike, though Hamas has neither confirmed nor denied this.

Understanding the ICC

• The ICC, based in The Hague, Netherlands, was established under the Rome Statute of 1998. Its mandate includes investigating and prosecuting individuals for genocide, war crimes, crimes against humanity, and aggression.
• While 124 countries, including Britain, Japan, Afghanistan, and Germany, are signatories to the Rome Statute, notable non-members include India, China, and the United States.
• The ICC steps in when a country’s legal system is unwilling or unable to address such crimes. Unlike the International Court of Justice (ICJ), which handles inter-state disputes, the ICC prosecutes individuals.
• It has jurisdiction over crimes committed in member states or by nationals of member countries, and it can also act on cases referred by the UN Security Council.

ICC’s Involvement in the Palestine Case

• Palestine referred its situation to the ICC in 2018. Later, in November 2023, countries like South Africa, Bangladesh, Bolivia, Comoros, and Djibouti submitted further referrals.
• In January 2024, Chile and Mexico also referred cases regarding Palestine. These submissions led the ICC to initiate investigations into alleged crimes in the region.

Charges Against Netanyahu and Gallant

• Netanyahu and Gallant are accused of employing starvation as a warfare tactic and committing crimes against humanity, such as murder, persecution, and other inhumane acts.
• According to the ICC, they deliberately deprived Gaza’s civilian population of essential supplies, including food, water, medical resources, and electricity, between October 8, 2023, and May 20, 2024.
• They are also accused of blocking critical medical supplies, causing immense suffering. Additionally, the ICC holds them accountable for actions committed by Israeli forces under their command, including alleged acts of torture, rape, killings, and destruction of property.

Implications of the Arrest Warrants

• While ICC decisions are binding, enforcement depends on cooperation from member states. If Netanyahu or Gallant travels to any of the 124 member nations, those governments are obligated to arrest and extradite them to The Hague.
• This case is similar to the ICC’s earlier arrest warrant against Russian President Vladimir Putin, which curtailed his international mobility. Netanyahu’s case, however, is more complex.
• Key Israeli allies like Germany, France, and the United Kingdom are ICC members but are unlikely to act on the warrant due to their strong ties with Israel.
• The arrest warrant serves as a moral victory for Palestine and amplifies international scrutiny of Israel. It restricts Netanyahu’s travel options, placing diplomatic pressure on nations supporting Israel to navigate a sensitive situation.

Delhi’s Air Pollution Crisis: A Looming Catastrophe

GS 3: Environment and Biodiversity: Delhi’s Air quality

Why is it in the news?

• Delhi is on the verge of becoming an uninhabitable city, if it has not already, due to severe air pollution in winters and unbearable heat waves in summers. Both these issues disproportionately affect the city’s poor.
• This article focuses on the air pollution problem, particularly 5, which dominates Delhi’s Air Quality Index (AQI) and poses serious health risks by penetrating deep into the lungs due to its minuscule size, 30 times thinner than human hair.

An Analysis

Understanding the Air Quality Index (AQI)

• AQI, as defined by the Central Pollution Control Board (CPCB), measures the concentration of eight pollutants: particulate matter (PM10 and PM2.5), nitrogen dioxide (NO2), sulfur dioxide (SO2), carbon monoxide (CO), ozone (O3), ammonia (NH3), and lead (Pb).
• A sub-index is calculated for each pollutant, and the highest among them determines the AQI. This system simplifies complex air quality data into an easily understandable index.

The Severity of Delhi’s Air Quality

Over the past seven years (2017-2023), Delhi’s air quality has been alarming. Data reveals that:

• The city experiences only two days of healthy air annually.
• Over half the year, residents breathe air unfit for inhalation.
• Even during the 2020 lockdown, air quality saw only marginal improvement, indicating systemic issues.

Causes of Delhi’s Air Pollution

1) Stubble Burning

• The government often attributes Delhi’s pollution to stubble burning in Punjab, Haryana, and Uttar Pradesh.
• While stubble burning contributes 15-35% to PM2.5 during its peak in November, its elimination alone wouldn’t improve air quality below the “very poor” AQI benchmark of 300. This indicates deeper systemic problems beyond stubble burning.

2) Local Emissions as Major Contributors

• A comprehensive 2023 report by IIT Kanpur, IIT Delhi, TERI, and Airshed Kanpur highlights that even during winters, when external sources peak, half of PM2.5 originates within Delhi.
• Vehicles contribute 58% of this, with 34% from exhaust emissions and 24% from tyre and brake wear. A shift from private vehicles to public transport using cleaner energy is essential for reducing pollution levels.

Why Winters Are Worse

Pollution levels in Delhi worsen in winter due to meteorological factors:

• Temperature Inversion: Cold air traps pollutants near the ground, unlike warmer air, which disperses them upward.
• Low Wind Speeds: Slow-moving winds fail to disperse pollutants effectively.
• Lack of Rain: Rain helps cleanse pollutants like PM2.5 and PM10 but is scarce in winter.
• These factors combine to make Delhi’s air quality deteriorate significantly during October-February, while wind and rainfall improve conditions from March to September.

Health Impacts of Air Pollution

• According to WHO, air pollution affects nearly every organ in the body, with some pollutants entering the bloodstream via the lungs, causing systemic inflammation and carcinogenic effects.
• A Lancet Planet Health study revealed that 1.67 million deaths in India in 2019 were attributable to pollution, with one in 10 caused by ambient particulate matter.
• Delhi’s death rate due to PM pollution is higher than the national average, illustrating the city’s year-round exposure to harmful pollutants. This exposure disproportionately impacts the poor.
• Despite the alarming situation, political will to tackle Delhi’s pollution crisis remains weak. Measures like the odd-even vehicle scheme, red-light engine-off campaigns, water sprinklers, and mask distribution are temporary solutions aimed at public relations rather than addressing root causes.

The Way Forward

• Calling Delhi a “gas chamber” is not an exaggeration. Addressing this crisis requires political will, imagination, and systemic changes, including:

1) Transitioning to clean energy-based public transport with last-mile connectivity.

2) Strict regulations on vehicular emissions and industrial pollutants.

3) Long-term strategies to mitigate pollution instead of seasonal quick fixes.

4) Without these measures, Delhi’s residents, particularly the underprivileged, will continue to lose precious years of life to a problem that is entirely preventable.

G20@ Brazil: Global Alliance Against Hunger and Poverty Launched

GS 2: International Relations: Eradicating Hunger and Poverty

Why is it in the news?

• The Global Alliance Against Hunger and Poverty (the Alliance) was officially launched at the G20 Leaders’ Summit in Rio de Janeiro, Brazil, under Brazil’s G20 presidency in 2024.
• A key initiative championed by Brazil, the Alliance serves as a platform to connect countries in need of assistance with partners offering expertise or financial support to implement public policies aimed at eradicating hunger and poverty.

Urgent Need for Action

• The 2030 Agenda for Sustainable Development, adopted by all 193 UN Member States in 2015, aimed to eliminate poverty and hunger, achieve food security, and improve nutrition by 2030.
• However, progress has been reversed due to the Covid-19 pandemic, which increased extreme poverty and worsened nutrition, particularly in the Global South. The uneven economic recovery, rise in global conflicts, and climate change have further compounded the crisis.
• Current projections indicate that by 2030, 622 million people will live below the extreme poverty line of $2.15 per day, double the target level. Additionally, around 582 million people are expected to face hunger, a figure similar to 2015.
• Recognizing the slow progress toward these goals, Brazil launched the Alliance to address these pressing challenges during its G20 presidency.

Membership and Functioning of the Alliance

• The Alliance has garnered support from 81 countries, including India, along with 26 international organizations, 9 financial institutions, and 31 philanthropic foundations and NGOs.
• It provides a platform for members to exchange proven best practices and identify partners willing to offer technical or financial assistance to develop national models for eradicating hunger and poverty.
• The Alliance’s evidence-based policy basket includes over 50 policy instruments available to member countries.
• It also focuses on six key “Sprints 2030” initiatives targeting vulnerable populations: school meals, cash transfers, support for smallholder and family farming, socio-economic inclusion programs, integrated maternal and early childhood interventions, and water access solutions.

Operational Mechanism and Funding

• Unlike traditional initiatives, the Alliance does not have an exclusive fund. Instead, it acts as a matchmaker, connecting countries in need with donors and technical support.
• Its annual operational budget of $2-3 million will be contributed by member countries and institutions such as the Food and Agriculture Organization (FAO), UNICEF, and the World Bank.
• The Alliance is expected to have its headquarters in Brasilia or another Global South country, along with an office at the FAO headquarters in Rome, ensuring global coordination and implementation.