Day: March 29, 2024

Why in news:

The Union Home Ministry (MHA) on Thursday extended the Armed Forces (Special Powers) Act (AFSPA) in Nagaland and parts of Arunachal Pradesh for another six months.

According to the notification, AFSPA has been extended to 21 police stations across eight districts of Nagaland and five other districts. In Arunachal Pradesh, it has been extended to areas under the jurisdiction of three districts and three police stations of Namsai district.

Armed Forces (Special Powers) Act (AFSPA)

Armed Forces (Special Powers) Act (AFSPA), enacted in 1958, is a law passed by the Parliament of India that provides special powers to the Indian Armed Forces in regions designated as “disturbed areas.” This act was initially applied to the Naga Hills, part of Assam at the time, on September 11, 1958, marking the beginning of its implementation. Over the years, AFSPA’s jurisdiction expanded to encompass the other states in India’s Northeast, known collectively as the Seven Sister States.

Similar acts were also enacted in other parts of India. In 1983, AFSPA was extended to Punjab and Chandigarh but was later withdrawn in 1997, about 14 years after its implementation. Another version of the act was introduced in Jammu and Kashmir in 1990 and remains in effect.

History

Origin: Armed Forces Special Powers Ordinance of 1942

Context: This ordinance, introduced by the British colonial government on 15 August 1942 to suppress the Quit India Movement, was the precursor to AFSPA. Its objective was to reduce the pace of the movement by providing special powers to the armed forces.

Post-independence adaptation: Following the partition of India in 1947, the Government of India adopted and promulgated four ordinances to manage the resulting internal security situation in various areas, including Bengal, Assam, East Bengal and the United Provinces. These ordinances laid the groundwork for the subsequent AFSPA law.

Armed Forces Special Powers (Assam and Manipur) Act, 1958

The Naga National Council’s declaration of independence in 1951 and the subsequent boycotts and rebellions required a strong response from the Assam government, leading to the deployment of the Assam Rifles and the enactment of the Assam Disturbed Areas Act in 1955.

Act: Facing intense insurgency, the Armed Forces (Assam and Manipur) Special Powers Ordinance was promulgated by President Dr. Rajendra Prasad on May 22, 1958 and later on September 11, 1958, the Armed Forces (Assam and Manipur) Special Was replaced by the Powers Act.

Provisions and Scope: The Act authorized state governors and administrators of union territories to declare areas as ‘disturbed’ to facilitate the deployment of armed forces. It was expanded to cover all seven states of the North-East, emphasizing the role of the central government under Article 355 of the Constitution to maintain order.

Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983

This Act was introduced on October 6, 1983 specifically for the State of Punjab and the Union Territory of Chandigarh, providing additional powers to the armed forces, including the power to stop, search and seize vehicles and if necessary So the right to break open locks was included. ,

Repeal and consequences: Withdrawn in 1997, the Act remained in force for 14 years. However, the Disturbed Areas Act remained in effect in Chandigarh until it was struck down by the High Court in 2012.

Armed Forces (Jammu and Kashmir) Special Powers Act, 1990

Enacted in September 1990, this version of the AFSPA was tailored for the Union Territory of Jammu and Kashmir, allowing it to be implemented if the Governor or the Central Government considered any part of the territory to be in a disturbed and dangerous situation.

What are the ground rules of the act?

Use of force with warning: The Act authorizes security forces to use force, including firing, but says such force can be used only after giving prior warning to the suspect. The purpose of this provision is to ensure that the use of deadly force is a measure of last resort.

Detention and handover procedure: Suspects detained by the armed forces under the provisions of AFSPA are required to be handed over to the nearest police station within 24 hours. This rule is designed to ensure that civilian law enforcement agencies can take appropriate legal action against detained persons.

Cooperation with civil administration: The Act provides that the armed forces should work closely with the district administration. This ensures that military actions are coordinated with civilian governance structures and that no unilateral military actions take place without oversight from civilian authorities.

Declaration of Disturbed Areas: The Governor of a State or the Central Government has the authority to declare any area within the State as a “disturbed area”. Such declarations may be made if deemed necessary to prevent terrorist activities or any other activities which threaten the sovereignty and national integrity of India, or insult the national flag, anthem or Constitution.

Notification and Period: According to Section 3 of AFSPA, if the Governor of a State issues an official notification in the Gazette of India, it signifies the authorization of the Central Government to deploy armed forces to assist the civil authorities. Once an area is declared “disturbed”, the designation must be maintained for a minimum period of three months, as mandated by the Disturbed Areas (Special Courts) Act of 1976.

Opposition to AFSPA

Sweeping powers to the armed forces: Critics argue that the AFSPA provides overly broad powers to the armed forces, including the power to use lethal force, arrest without warrant based on “reasonable suspicion”, and conduct searches without warrant. Due to this, the Act has been described as harsh by various human rights organizations, activists and sections of the public.

Potential for abuses and human rights violations: The provision that allows security forces to open fire under certain conditions, potentially resulting in death, has been particularly controversial. There are numerous reports and allegations that this power is being misused in the form of extrajudicial killings, also known as “fake encounters”, and ill-treatment of civilians.

Legal immunity for security personnel: AFSPA provides a significant level of immunity to security personnel, stipulating that no prosecution, suit or any legal proceedings can be initiated against them without the prior permission of the Central Government. Critics argue that this broad immunity has led to a lack of accountability for human rights abuses committed under the cover of the Act.

Arguments in favor of AFSPA

Necessity in insurgency-affected areas: Proponents of the AFSPA argue that the Act is necessary in areas where normal laws are inadequate to deal with extremism and terrorism. It is seen as an important tool for the armed forces in areas that often face acts of terror and violence perpetrated by insurgents with the support of external entities.

Protection against proxy wars: Insurgency movements in some parts of India are viewed as proxy wars waged by external forces. AFSPA provides the necessary legal framework and protection to the armed forces to effectively counter such threats and protect national sovereignty.

Operational efficiency of the armed forces: The Army has consistently maintained that AFSPA is critical to its operations in disturbed areas, arguing that the special powers granted by the Act are essential to effectively deal with domestic terrorists and external threats.

The controversy surrounding AFSPA is rooted in the tension between national security interests and the protection of human rights. While the government and security forces argue that the Act is essential for combating insurgency and terrorism, human rights advocates call for its repeal or amendment, citing concerns over abuse, lack of accountability, and the overarching impact on the civilian populations of disturbed areas.

Supreme Court’s stance on AFSPA

In the landmark judgment Naga People’s Movement of Human Rights v. Union of India (1998), the Supreme Court of India upheld the constitutionality of AFSPA. The Court recognized the necessity of the Act in certain circumstances but stressed the importance of its responsible application. Key points of the decision include:

• The Central Government can declare areas as ‘disturbed’ but it is advisable to consult the State Government.
• Declarations under AFSPA should be of limited duration and subject to periodic review every six months.
• The armed forces are mandated to use the minimum force necessary to achieve their objectives.
• The decision highlighted the need for a balance between ensuring national security and protecting human rights.

Recommendations for AFSPA repeal and reform

Jeevan Reddy Committee

In November 2004, the Central government appointed a committee headed by Justice B.P. Jeevan Reddy to review AFSPA’s provisions, especially in the northeastern states. The committee’s findings were stark, labeling AFSPA as a “symbol of hate, oppression, and instrument of high-handedness”. Recommendations included:

• Repeal of AFSPA and incorporate necessary provisions in the Unlawful Activities (Prevention) Act, 1967 to ensure clarity on the powers of the armed forces.
• To amend the Unlawful Activities (Prevention) Act to specify the powers of the armed forces and paramilitary forces.
• Establishing complaint cells in every district where armed forces are deployed.

Second Administrative Reforms Commission (ARC)

The 5th Report on Public Order by the 2nd ARC stressed the need to repeal the AFSPA, highlighting the controversial nature of the Act and the imperative of reforms that better balance security and human rights.

Supreme Court decision on accountability (2016)

In a significant 2016 judgment, the Supreme Court declared that the armed forces cannot claim immunity from investigation of alleged excesses in ‘disturbed areas’, making it clear that the legal protection under AFSPA is not absolute. The judgment underlines the judiciary’s stance on accountability and the importance of protecting human rights even in conflict zones.

Way forward

Addressing Human Rights Concerns: Documented data shows a pattern of human rights violations (extrajudicial killings, arbitrary arrests) under AFSPA.

Urges government engagement with affected communities for reforms and accountability.

Getting local support: Conflict resolution data suggest military operations with local support achieve greater success.

Emphasizes the need for transparency, accountability, and community development for trust-building.

Collaborative Development Efforts: Data indicates that development projects involving state bureaucracy, armed forces, and civil society lead to better social and economic outcomes.

Proposes using AFSPA as part of a broader peace and development strategy.

Case-by-Case Application of AFSPA: Supports a targeted application of AFSPA, informed by detailed security analyses of specific districts.

Aims to reduce unnecessary impact on civilian life by focusing on high-intensity conflict zones.

Compliance to legal and ethical guidelines: Stresses compliance with Supreme Court guidelines, Jeevan Reddy Commission recommendations, and NHRC directives.

Calls for legal and ethical safeguards against abuse, ensuring accountability and review.

Conclusion

A data-driven approach to reforming the AFSPA includes addressing human rights concerns through engagement with affected communities, building local support for counter-insurgency efforts, promoting collaborative development projects, implementing the Act on a more targeted basis and strictly following established legal and ethical guidelines. Such an approach aims to balance national security imperatives with the need to protect and promote human rights, thereby leading to a more durable and just resolution of conflicts in AFSPA-designated areas.

Why in news: BSE and NSE commenced trading in T+0 rolling settlement cycle in the equity segment on an alternative basis. The beta version of the optional T+0 settlement cycle, or same-day settlement, was launched for a set of 25 stocks and with a limited set of brokers.

Introduction:

The Securities and Exchange Board of India (SEBI) recently released operational guidelines for initiating a shortened settlement cycle known as T+0, where trades will be settled on the same day they are executed, following the close of the T+0 market session.

What is the T+0 trading settlement cycle?

• In December last year, capital markets regulator SEBI announced plans to introduce a same-day clearing and settlement facility, known as the T+0 settlement along with the existing T+1 cycle.
• This initiative allows an alternative, instant settlement process where financial transactions for buying and selling shares can be completed on the same day the trade is made.
• This means that sellers receive payment and buyers get possession of their purchased shares in their demat accounts on the trading day itself.
• SEBI also indicated plans to introduce an alternative instant settlement mechanism in the future.

What are the benefits of T+0 trade settlement?

• The T+0 trade settlement cycle is anticipated to offer several advantages, such as improving the efficiency of both costs and time, increasing transparency regarding investor charges, and enhancing the risk management frameworks of clearing corporations as well as the entire securities market infrastructure.
• This more rapid settlement cycle is designed to offer sellers quicker access to funds from their sold securities and buyers expedited receipt of securities for their paid funds, granting investors more immediate control over their financial assets.
• Furthermore, by shortening the settlement period, the T+0 cycle will help to release capital more swiftly within the securities market, thereby boosting overall market functioning.
• It also aims to improve the risk management practices of Clearing Corporations by ensuring trades are supported by immediate availability of funds and securities.

Which securities are available for trading in the T+0 settlement cycle?

• Stock exchanges have identified a list of 25 stocks eligible for the T+0 settlement cycle.
• This list includes major companies such as Ambuja Cements Ltd, Ashok Leyland Ltd, Bajaj Auto Ltd, and Bank of Baroda, among others, spanning various sectors from cement and automotive to banking and pharmaceuticals.
• Other notable companies in this selection are Bharat Petroleum Corporation Ltd, Birlasoft Ltd, Cipla Ltd, and more, to enhance trading flexibility and efficiency. Additionally, the list encompasses firms like LTIMindtree Ltd, Samvardhana Motherson International Ltd, MRF Ltd, and Nestle India, extending to a wide range of industries including technology, automotive components, tire manufacturing, and food processing.
• This move is geared towards facilitating faster transactions, allowing both sellers to receive funds and buyers to obtain shares on the day of the trade, thus streamlining the investment process and potentially reducing market risk.

Who can participate in the T+0 settlement cycle?

• All investors have the opportunity to engage in the T+0 trade settlement cycle, provided they can adhere to the specific timelines, processes, and risk mandates established by Market Infrastructure Institutions (MIIs).
• The trading schedule for the T+0 settlement cycle will consist of a single continuous session from 09:15 AM to 1:30 PM. Subsequently, the clearing and settlement of both funds and securities are set to be concluded by 4:30 PM on the same day.
• Regarding price fluctuations, the T+0 segment will maintain a price band set at +100 basis points relative to the prevailing price in the regular T+1 market.
• This band will undergo adjustments following every 50 basis points shift observed in the T+1 market, ensuring a dynamic and responsive trading environment.

Securities and Exchange Board of India (SEBI)

Establishment and Purpose

• Formed under the Securities and Exchange Board of India Act, 1992.
• Began operations on April 12, 1992.
• Aims to protect investors’ interests in securities markets and ensure the markets function smoothly and orderly.

Historical Context

Predecessor: Controller of Capital Issues, under the Capital Issues (Control) Act of 1947.

SEBI was initially established as a non-statutory body in April 1988 by a Government resolution.

Statutory Powers

• Transitioned from non-statutory to statutory status with the SEBI Act in 1992.
• Granted autonomy and regulatory authority over the securities market.
• Headquarters in Mumbai, India’s financial capital.
• Regional offices in Ahmedabad, Kolkata, Chennai, and Delhi.

Structure of SEBI

• The Securities and Exchange Board of India (SEBI) has a structured governance structure consisting of a Chairman as well as a number of full-time and part-time members to oversee its operations.
• Additionally, SEBI forms various committees to address specific concerns or issues as they arise.
• Key to SEBI’s structure is the Securities Appellate Tribunal (SAT), which has been set up to hear complaints against SEBI decisions. The SAT is headed by a Presiding Officer and consists of two other members.
• It has the same legal authority as a civil court, which enables it to decide cases effectively. Parties dissatisfied with SAT decisions have the option to take their appeal to the Supreme Court.

Powers and Functions of SEBI: SEBI acts as a quasi-legislative body, able to draft its own rules, and a quasi-judicial body, with the ability to investigate, issue judgments, and impose penalties.

Its operations cater to three main groups within the securities market:

Issuers: SEBI facilitates a favorable market environment for issuers to raise financial capital.

Investors: It ensures the protection of investor interests through the dissemination of accurate and reliable market information.

Intermediaries: The organization promotes a competitive environment for market intermediaries while maintaining fair market practices.

Following the Securities Laws (Amendment) Act of 2014, SEBI’s regulatory domain was expanded to include monitoring of any collective investment scheme aggregating funds exceeding Rs. Rs 100 crore with additional power to attach property in case of non-compliance.

The Chairman of SEBI has the authority to conduct “search and seizure operations” and the Board has the prerogative to request data such as telephone records related to any securities investigation.

Additionally, SEBI is entrusted with the registration and regulatory oversight of venture capital funds and collective investment schemes, including mutual funds. It plays an important role in supporting and regulating self-regulatory organizations, and it enforces rules against fraudulent and unfair trading practices within the securities markets.

Why in news: According to the India TB Report 2024 released by the Union Health Ministry, the gap between the estimated number of tuberculosis (TB) and actual cases is narrowing. This is an important marker because “missing cases” are believed to be those who have not received treatment, thereby spreading the infection to others.

Syllabus:

Preliminary Examination: Economic and Social Development

Main Examination: General Studies II: Issues relating to the development and management of Social Sector/Services relating to Health, Education, and Human Resources.

India TB Report 2024 – key takeaways

The India TB Report 2024 presents a comprehensive overview of the current status and progress in the fight against tuberculosis (TB) in India.

Increase in reporting from the private sector: There has been a significant increase in notification of TB cases from the private sector, which reported about 33% (about 8.4 lakh) of the total 25.5 lakh TB cases in 2023. This represents a considerable increase from 1.9 lakh. The cases reported in 2015 reflect the increasing involvement of private health centers in TB control efforts.

Marginal increase in projected incidence: The projected incidence of TB in India increased slightly from 27.4 lakh last year to 27.8 lakh in 2023. Despite the increase, concerted efforts in TB detection and treatment are reflected in the overall management of the disease incidence.

Stable Death Rate: As per the latest data, the death rate due to TB remains stable at 3.2 lakh. This stability in mortality rates has occurred despite a modest increase in estimated TB incidence, indicating improved treatment outcomes and disease management strategies.

Acceptance of new estimation methodology: The report highlights that the new methodology developed by India to estimate TB cases and mortality has been accepted by the World Health Organization (WHO). This method led to a revision of the mortality data, reducing the TB death rate from 4.94 lakh in 2021 to 3.31 lakh in 2022.

High treatment initiation rates: India achieved its target of initiating treatment in 95% of TB patients diagnosed in 2023. This high treatment initiation rate is critical to controlling the spread of the disease and ensuring that patients get the care they need promptly.

Increase in drug resistance testing: The report also indicates improvements in the management of drug-resistant TB, with 58% of diagnosed patients being offered testing for resistance to first-line drugs. This is a significant increase from 25% in 2015, emphasizing the importance of identifying drug-resistant TB cases early and treating them effectively.

The gap of missing cases is narrowing: The gap between the estimated number of TB cases and the actual cases reported is narrowing, with only 2.3 lakh “missing cases” in 2023, compared to 3.2 lakh last year. This reduction in missing cases, partly due to the government’s Ni-Kshaya portal tracking all TB patients, is important to ensure that more individuals receive treatment and reduce the spread of TB.

Tuberculosis (TB)

• Tuberculosis, often called TB, is an infectious disease caused by the bacterium Mycobacterium tuberculosis. Primarily targeting the lungs, it spreads through the air when a person with the active form of the disease coughs or sneezes, releasing droplets containing the bacteria.
• India bears 27% of the global TB burden.
• Through adequate medical treatment and care, individuals suffering from TB can make a complete recovery, which is a significant advancement in the fight against this infectious disease.

Treatment:

• TB is treatable and curable with timely and appropriate treatment, involving a 6-month regimen of four antimicrobial drugs.
• Healthcare professionals or trained volunteers support patients through medication, supervision, and guidance to ensure treatment adherence and manage side effects.
• Despite the effectiveness of traditional anti-TB medicines, drug-resistant TB strains have emerged globally, presenting significant challenges.
• Multidrug-resistant tuberculosis (MDR-TB) is resistant to isoniazid and rifampicin, the two most potent first-line anti-TB drugs.
• MDR-TB can be treated and cured using second-line drugs, including newer medications like Bedaquiline.
• Extensively drug-resistant TB (XDR-TB) shows resistance to both first-line drugs and the most effective second-line treatments, severely limiting treatment options.
• The emergence of drug-resistant TB highlights the necessity for ongoing research and development of new TB therapies, the importance of maintaining treatment adherence to prevent resistance, and the vital role of global health initiatives in the fight against TB.

Global Initiative:

The World Health Organization (WHO), in collaboration with the Global Fund and the Stop TB Partnership, has launched “Find. Treat. All. #EndTB” to strengthen the fight against tuberculosis globally. Additionally, WHO publishes the annual Global Tuberculosis Report, which provides comprehensive data and analysis on the disease situation around the world, helping to formulate strategies to effectively combat TB.

Efforts in India:

• India has prepared a strong framework to eliminate TB through the National Strategic Plan (NSP) for the year 2017 to 2025.
• The Nikshay ecosystem, India’s national TB information system, plays a vital role in monitoring and managing TB patients and treatment.
• To assist patients, Nikshay Poshan Yojana (NPY) was launched in 2018, recognizing the vital role of nutrition in treatment success, to provide financial assistance of Rs 500 per month to each TB patient for their nutritional needs. Provides.
• The “TB Harega Desh Jeetega” campaign exemplifies India’s commitment to TB eradication by raising awareness and taking action across various sectors of society.

In terms of vaccine development, significant progress has been made with two vaccines, VPM1002 and Mycobacterium indicus prani (MIP), currently in phase-3 clinical trials.

These vaccines represent promising advances in tuberculosis prevention, providing hope for more effective TB control and prevention strategies in the future.

Different Issues in Curing TB Burden in India:  

Tackling the burden of tuberculosis (TB) in India involves overcoming many medical and systemic challenges.

Medical and systemic challenges: A significant shortcoming in the fight against TB has been the failure to understand the real-life experiences of individuals affected by TB fully. There is a tendency to ignore the patient’s perspective regarding his needs, difficulties, and expectations.

Medicalization versus recognition of the humanitarian crisis: Approaches to TB are often overly medicalized, thereby neglecting the broader humanitarian crisis it represents, including its gender-specific implications, economic consequences, and broader social and environmental impacts. Are included.

Disproportionate impact on marginalized communities: TB disproportionately impacts marginalized sections of society, including children, the urban poor, prisoners and people living with HIV/AIDS. This reflects not only a health crisis, but also an economic crisis, with significant losses to the country and devastating effects on families and communities.

Drug Resistance: Drug resistance in TB is a significant challenge, which mainly arises due to irregular use of antibiotics and non-adherence to treatment regimens. Poor regulatory mechanisms and adherence issues are major factors behind the high rates of drug resistance.

Screening and diagnosis: Current reliance on symptomatic testing cannot identify all infectious TB cases, suggesting the need for more effective diagnostic methods such as X-ray imaging to find asymptomatic but infectious individuals.

Cost and accessibility of tests: While molecular diagnostic capabilities have increased significantly, the high cost and accessibility issues of these tests limit their usefulness, especially in remote areas.

Co-morbidities such as diabetes mellitus (DM): The presence of DM in TB patients may lead to worse treatment outcomes, highlighting the need for an integrated care approach that addresses both TB and DM.

Steps for Mitigation:

Patient-centered approach: It is important to emphasize the needs and interests of patients and communities within the health care system. This involves incorporating the perspectives of TB survivors into program design and policy-making.

Bridging policy and reality: Efforts should aim to bridge the gap between policy intentions and actual ground reality with targeted interventions to improve access to TB diagnosis and treatment, especially in rural and deprived areas.

Multi-sectoral approach: Addressing the socio-economic determinants of TB requires a multi-sectoral approach, with a focus on poverty alleviation, improving nutritional status, and improving living conditions to reduce risk factors for TB. Be focused.

Technology and Innovation: By leveraging technology such as AI-powered diagnostic tools and digital health solutions, TB care efforts can be enhanced, offering new avenues for diagnosis, treatment adherence, and monitoring.

Comprehensive care model: Strengthening community-based TB care models and empowering frontline health workers to provide comprehensive care can meet not only the medical but also the social, economic, and mental health needs of TB patients.

India’s ambitious goal of eliminating TB by 2025 faces significant challenges, requiring a concerted effort by the government, healthcare professionals, and civil society. Addressing these challenges through a patient-centric, innovative, and multi-disciplinary approach will be critical to achieving this goal.