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Hindu Handwritten Notes 18/06/21 Handwritten Notes 18-JUNE-21 Instagram- makeme_ias For Downloading Daily Hindu Analysis- Visit @ Website- www.makemeias.com Follow us @ Instagram- makeme_ias Contents SNo. Topics Analysis Pg. - court 's student freed as police Gs -3 rejects Internal 1. stand security 1 A to a draconian judicial pushback Legal as -3 IR 2. 6 Regime as -2 Polity " " "" " "" " " """" " " 3. " science $ tech India's Health sector as -2 Healthcare Should India Accept Islamic state Gsg 4. Returnees . takes more than Reforms as -3 5. Recovery 7 Economy Rules cable Tv Network as -2 6. 8 am mendedRegulating polity as -2 7. { !intervention centres " centdtme① Contents SNo. Topics Analysis Pg. Birth Death up in 2019 as-1 8. Registrations 10 Demography we must use the available vaccines 652 10 9. to the most vulnerable protect . Gov policy CII F-3 - lakh stimulus 953 10. urges % 11. 12. 13. µ14. Background: The Delhi High Court granted bail to three students of Jawaharlal Nehru University and Jamia Millia Islamia arrested under the Unlawful Activities (Prevention) Act (UAPA) in connection with the northeast Delhi riots in 2020. Details: • A Delhi court has issued the release warrant for the student activists. • The High Court also ruled that no offence under the UAPA was made out against any of the three students. • The Delhi Police have moved the Supreme Court challenging the High Court verdict granting regular bail to the three students. Details: • The court criticised the Delhi Police for casually invoking provisions of UAPA against the three accused noting that the line between the constitutionally guaranteed “right to protest” and “terrorist activity” had been blurred. ◦The three accused students were protesting against the enactment of the Citizenship Amendment Act (CAA). Website-www.makemeias.com Instagram- makeme_ias • The court remarked that, in spite of the fact that the definition of ‘terrorist act’ in UAPA is wide and somewhat vague, the phrase ‘terrorist act’ cannot be permitted to be casually applied to criminal acts that fall squarely within the definition of conventional offences. • The court cautioned that imposing extremely grave and serious penal provisions engrafted in sections 15, 17 and 18 of the UAPA upon people would undermine the intent and purpose of the law. • The court remarked that, in spite of the fact that the definition of ‘terrorist act’ in UAPA is wide and somewhat vague, the phrase ‘terrorist act’ cannot be permitted to be casually applied to criminal acts that fall squarely within the definition of conventional offences. • The court cautioned that imposing extremely grave and serious penal provisions engrafted in sections 15, 17 and 18 of the UAPA upon people would undermine the intent and purpose of the law. UAPA’s origin: • The ‘terrorist act’, including conspiracy and act preparatory to the commission of a terrorist act, were brought within the purview of UAPA by an amendment made in 2004 when the Prevention of Terrorism Act (POTA) was repealed. • POTA’s precursor, the Terrorist & Disruptive Activities (Prevention) Act (TADA) was repealed in 1995. Defining ‘terrorism’: • To understand the concept and construction of ‘terrorism‘, the High Court referred to various Supreme Court (SC) judgments where the issue has already been dealt with. • In Hitendra Vishnu Thakur versus State of Maharashtra case, SC said: ◦“A ‘terrorist’ activity does not merely arise by causing disturbance of law and order or of public order. The fallout of the intended activity must be such that it travels beyond the capacity of the ordinary law enforcement agencies to tackle it under the ordinary penal law. ◦“Every terrorist may be a criminal but every criminal cannot be given the label of a ‘terrorist’ only to set in motion the more stringent provisions of TADA.” Website-www.makemeias.com Instagram- makeme_ias Background of Unlawful Activities (Prevention) Amendment Act The UAPA – an enhancement on the TADA (Terrorist and Disruptive Activities (Prevention) Act), which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004 — was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi. Eventually, amendments were brought in under the successive United Progressive Alliance (UPA) governments in 2004, 2008 and 2013. At present, the National Investigation Agency (NIA) is functioning as the Central Counter-Terrorism Law Enforcement Agency in India established under NIA Act 2008. The image below outlines the timeline of the UAPA Act. Salient Features of the UAPA Act • The Act gives special procedures to handle terrorist activities, among other things. It aims at the effective prevention of unlawful activities associations in India. Unlawful activity refers to any action taken by an individual or association intended to disrupt the territorial integrity and sovereignty of India. • Who may commit terrorism: According to the Act, the union government may proclaim or designate an organisation as a terrorist organisation if it: (i) commits or participates in acts of terrorism, (ii) prepares for terrorism, (iii) promotes terrorism, or (iv) is otherwise involved in terrorism. The Bill also empowers the government to designate individuals as terrorists on the same grounds. Website-www.makemeias.com Instagram- makeme_ias • UAPA has the death penalty and life imprisonment as the highest punishments. The Act assigns absolute power to the central government, by way of which if the Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so. • Under UAPA, both Indian and foreign nationals can be charged. The offenders will be charged in the same manner whether the act is performed in a foreign land, outside India. • Approval for property seizure by National Investigation Agency (NIA): As per the Act, an investigating officer is required to obtain the prior approval of the Director-General of Police to seize properties that may be connected with terrorism. The Bill adds that if the investigation is conducted by an officer of the National Investigation Agency (NIA), the approval of the Director-General of NIA would be required for seizure of such property. • The investigation by the National Investigation Agency (NIA): Under the provisions of the Act, investigation of cases can be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above. The Bill additionally empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases. • Insertion to the schedule of treaties: The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act. The Schedule lists nine treaties, comprising of the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979). The Bill adds another treaty to this list namely, the International Convention for Suppression of Acts of Nuclear Terrorism (2005). Website-www.makemeias.com Instagram- makeme_ias • In light of the Delhi High Court granting bail to those accused in the 2020 Delhi riots case under the Unlawful Activities (Prevention) Act (“UAPA”) provisions, the article analyzes the shortcomings in the UAPA and its misuse. The article argues for a more balanced approach between civil rights and the imperatives of anti-terror laws in this regard and examines the responsibility of the judiciary in checking the misuse of the UAPA. • This issue has been dealt with previously in the first article. Website-www.makemeias.com Instagram- makeme_ias Context: • In the light of the health crisis brought out by the COVID-19 pandemic, the article discusses the relevance of disruptive technology and its applications in the medical sector. Website-www.makemeias.com Instagram- makeme_ias Blockchain technology: • The term ‘Blockchain’ denotes a shared immutable record of a chain of transactions, each comprising one block, with the blocks being held together by cryptographic keys. These keys or signatures are stored in shared ledgers, joined by a mesh of nodes, or processes that connect them. Each node has a copy of the whole chain, being constantly synchronized and kept up to date. • The advantages of blockchain technology include its tamper-resistant nature, the decentralized nature of the digital ledgers, and the impossibility of changing a published transaction subsequently within the user community that shares the ledger. This technology is also called digital ledger technology (DLT). Medical blockchain: • The health blockchain would contain a complete indexed history of all medical data, including formal medical records and health data from mobile applications and wearable sensors that can be stored in a secure network and authenticated. Application in healthcare: • Blockchains in healthcare can be envisaged in the following areas: Securing patient data: • Keeping important medical data safe and secure is the most popular blockchain healthcare application at the moment, given that data breach of patient records has been a major challenge. • Blockchain technology can help conceal the identity of any individual with complex and secure codes that can protect the sensitivity of medical data. Website-www.makemeias.com Instagram- makeme_ias Streamline medical care: • The time-consuming process of obtaining access to a patient’s medical records exhausts staff resources and delays patient care. Blockchain-based medical records offer a cure for these ills. •
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