Q.1) Match-fixing law in India would demonstrate that sporting manipulation is not a ‘simple’ breach of sporting rules, but also an offence against the public in a broader sense. Comment (15 marks - 250 words)
Why this question? - Match-fixing is not an independent offence in India.
Intro - Define match-fixing - Instances where an individual player or group of players received money individually/collectively to underperform.
- First tell how match-fixing offences are dealt in India and issues faced.
- Need for an independent match-fixing law.
- Attempts made.
Conclusion - Urgent need for an independent match-fixing law.
Q.2) Discuss the pros and cons of opening of Indian Railways for private players. (15 marks - 150 words)
Why this question? - Indian Railways has launched the process of opening up train operations to private entities on 109 origin destination(OD) pairs of routes using 151 modern trains.
Intro - A brief about Indian railways - its operations and network. Link it with the Railway boards decision to open up train operations for private entities.
- First discuss the problems faced by Indian railways.
- Then tell the pros and cons of opening IR for private players.
Way ahead - Highlight the recommendation of an Expert panel led by Bibek Debroy.
Conclusion - Private rail operations can thus be seen as a government-led pilot plan, not a full programme for privatizing the monolithic Indian Railways, opening the more attractive parts for private exploitation.
Q.3) As a good international citizen, the country has accepted the tribunal’s award.In the light of this judgement, discuss the concerns and precedents which this judgement of ITLOS has set.
Why in news:
- An international arbitration court has ruled that the Italian Marines accused of killing two fishermen off the coast of Kerala in 2012 enjoy immunity and are outside the jurisdiction of Indian courts as they were acting on behalf of a state.
- Introduce with ITLOS judgement and India’s acceptance
- Calling the verdict an invasion into the rights and dignity of fishers, Fishermen associations say this will set a bad precedent since the shooting happened on the fringes of the territorial waters.
- India’s stand that UNCLOS is not concerned with issues relating to immunity was strong.
- Immunity of state officials has to be governed by specific multilateral or bilateral treaties or agreements.
- It should not be tangentially brought in to settle issues of jurisdiction.
- Besides, even if Italian marines are considered as state officials, they were deployed on an Italian commercial vessel.
- Italy did so unilaterally without the cover of any multilateral or bilateral arrangement.
- There is no convention that such persons as the marines in such cases are immune from local criminal jurisdiction; only heads of states, heads of governments and foreign ministers customarily enjoy immunity abroad.
- Countries may now be tempted to enact specific laws to give immunity to their military and paramilitary personnel and others by declaring them state officials and thereafter place them on different kinds of commercial craft and use them for adventurous purposes.
Conclusion: The takeaway for India should be the lessons, in the legal and diplomatic domains, that can be drawn from the experience.
Q.4) “Statistics are a minor detail, but they do help”. Discuss the above statement in the light of the COVID-19 pandemic and its adverse impacts.
Why this question?
Mahalanobis is perhaps more relevant today when the accuracy of different sorts of data — from economic data to COVID-19 data — is under the scanner.
Unprecedented threat of COVID-19 and vulnerability of certain sections of society
- Need for accurate data related to the impact of COVID-19
- On hardships of women, Children, Migrant Labourers etc
- How will this data help in improving the conditions of the nation?
- Suggestions for improving data collection and it’s accuracy
- Use of tech.
- Cross-checking by an independent set of agent
- System of data-based policymaking etc
Mention that these steps will determine the extent of human welfare and national development.
Q.5) The Ministry of Home Affairs has constituted Dr. Ranbir Singh Committee to revamp the obsolete laws in the country. Comment 15 marks (250 words).
Why this question:
The Ministry of Home affairs has constituted a 5 member committee headed by Dr. Ranbir Singh for reforming the provisions of Indian Penal Code and other procedural laws.
Tell the major code i.e IPC was enacted in 1860 by the britishers and is in dire need of changes.
Why is there a need for such a committee?
- Earlier laws were made by Colonial Masters
- Modern Technology and advancement has altered the thought process in India
- Some laws unnecessary cause delays or some subdue the rights of individuals.
Tell some recent proactive changes:
- Decriminalising S 377 of IPC i.e Homosexuality.
- Decriminalising S-497 of IPC i.e Adultery.
- Recognising Passive Euthanasia in Common Cause V. Union of India case in 2018.
Issues which needs to looked by committee:
- Making Rape a Gender Neutral offence
- Allowing Active Euthanasia
- Revamping S-124A ( Sedition) of IPC
- Taking a call on Death Penalty
- Determining whether sexual and reproductive rights can be extended to decriminalise miscarriage
Suggestions of committee should be based on balancing the right of victim and accused along with curbing the tyranny of state in prosecution.