Headline: Assam Proposes Stringent Law to Criminalise Polygamy Exempts Tribal Communities
1. Preliminary Facts (For Mains Answer Introduction)
- Legislation: The Assam Prohibition of Polygamy Bill, 2025, tabled by Chief Minister Himanta Biswa Sarma.
- Objective: To prohibit polygamy, protect women from hardship, and “streamline the society.”
- Key Provisions:
- Punishment: Up to 7 years in jail and a fine for polygamy; up to 10 years for concealing a prior marriage.
- Scope: Applicable across Assam, but does not apply to Scheduled Tribes and areas under the Sixth Schedule.
- Extra-territorial Jurisdiction: Covers Assam residents who enter polygamous marriages outside the state.
2. Syllabus Mapping (Relevance)
- GS Paper I:
- Indian Society: Salient features of Indian Society; Role of women and women’s organization.
- GS Paper II:
- Polity: Indian Constitution—historical underpinnings, features; Fundamental Rights; Uniform Civil Code.
- Governance: Government policies and interventions for development in various sectors.
3. Deep Dive: Core Issues & Analysis (For Mains Answer Body)
A. The Legal and Constitutional Landscape
- Criminalization of a Civil Matter: The Bill moves beyond the civil consequences of polygamy under existing Muslim personal law (where it is a ground for divorce but not a crime) to make it a criminal offence with severe penalties. This is a significant shift in the state’s approach.
- Extraterritorial Jurisdiction: The provision to punish Assam residents for polygamous marriages solemnized outside the state is a legally complex and potentially contentious measure, testing the boundaries of a state’s legislative power.
- Exemptions and Federalism: The exemption for Scheduled Tribes (STs) and Sixth Schedule areas is a critical feature. It acknowledges the constitutional protection granted to tribal customs and traditions under Article 342 and the Sixth Schedule, which grants autonomy to tribal areas in matters of law and land. This creates a dual legal system within the state.
B. The Social and Political Implications
- Women’s Rights vs. Identity Politics: The government frames the Bill as a progressive measure for gender justice and women’s empowerment, aiming to protect them from the financial and social insecurity of polygamous marriages. However, opposition parties allege it is a move to target the Muslim community for political gains ahead of the 2026 state elections, framing it as majoritarian politics rather than genuine social reform.
- Expanded Scope of Liability: By penalizing qazis, village heads, and parents who facilitate or fail to report such marriages, the Bill creates a network of accountability. This aims to deter the practice at the community level but could also lead to misuse and harassment.
- Disqualifications: Barring convicts from government jobs, subsidies, and contesting elections adds significant social and political consequences, going beyond mere criminal punishment.
C. The Bill in the Context of the Uniform Civil Code (UCC)
- A Step Towards UCC? The Bill is widely seen as a precursor to a state-level Uniform Civil Code, a key electoral promise of the BJP. By legislating on a subject in the Concurrent List (marriage and divorce), Assam is setting a template that other BJP-ruled states may follow.
- Selective Uniformity: The tribal exemption, while constitutionally mandated, highlights the challenge of achieving a truly “uniform” code in a diverse country like India. It raises the question of whether such bills aim for uniformity or selective application to specific communities.
4. Key Terms (For Prelims & Mains)
- Polygamy: The practice of having more than one spouse at the same time. (Polygyny: one man, multiple wives; Polyandry: one woman, multiple husbands).
- Sixth Schedule: Provisions under Article 244 of the Constitution for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram, granting them autonomy to make laws on certain subjects.
- Scheduled Tribes (STs): Communities designated by the President of India under Article 342 who are granted specific protections and rights.
- Uniform Civil Code (UCC): A proposal for a common set of laws governing personal matters like marriage, divorce, inheritance, and adoption for all citizens, irrespective of religion, as envisioned in Article 44 of the Constitution.
5. Mains Question Framing
- GS Paper I (Society): “The Assam Anti-Polygamy Bill brings the debate on gender justice and religious personal laws to the forefront. Critically examine its potential impact on women’s rights and social harmony.”
- GS Paper II (Polity): “The Assam Prohibition of Polygamy Bill, 2024, raises important questions about the intersection of personal laws, fundamental rights, and federalism. Discuss.”
6. Linkage to Broader Policy & Initiatives
- Fundamental Rights (Article 14, 15, 21): The debate touches upon the right to equality, non-discrimination, and the right to live with dignity, particularly for women.
- Directive Principles of State Policy (Article 44): The Bill is a step towards implementing the directive principle of a Uniform Civil Code.
- Legal Precedents: The Supreme Court, in cases like Shayara Bano vs Union of India (2017) which outlawed instant triple talaq, has shown a inclination to reform Muslim personal laws on the grounds of gender justice and constitutional morality.
Conclusion & Way Forward
The Assam Anti-Polygamy Bill is a landmark but contentious legislative initiative. It sits at the complex intersection of law, religion, gender justice, and identity politics.
The Way Forward:
- Informed Public Discourse: The Bill should be subjected to rigorous public consultation and debate, involving legal experts, religious leaders, and women’s rights groups, to move beyond political rhetoric.
- Addressing Genuine Concerns: The government must transparently address concerns of communal targeting and ensure the law is implemented without bias.
- Focus on Comprehensive Reform: A piecemeal approach to personal law reform can be problematic. A more holistic approach, perhaps through a well-deliberated UCC that genuinely consults all stakeholders, might be a more sustainable path to legal uniformity and gender justice.
- Judicial Scrutiny: The Bill will almost certainly be challenged in court, and the judiciary’s interpretation of its provisions, especially the extraterritorial jurisdiction and its compatibility with fundamental rights, will be crucial.
This legislation has the potential to redefine social and legal norms in Assam and could become a reference point for one of the most significant socio-legal debates in contemporary India.
HEADLINES:Arunachal Pradesh Sovereignty Dispute: The Shanghai Detention Incident
The detention of an Indian citizen from Arunachal Pradesh at the Shanghai airport highlights the ongoing, sensitive territorial dispute between India and China, extending it from the military boundary to the realm of civilian international travel and sovereignty recognition.
1. Preliminary Facts (For Mains Answer Introduction)
| Fact | Detail |
| Incident | Detention and refusal of transit to an Indian citizen, Prema Wangjom Thongdok, at Shanghai airport. |
| Chinese Claim | Chinese immigration officials deemed her Indian passport invalid because her birthplace, Arunachal Pradesh, is claimed by China as Zangnan (South Tibet). |
| India’s Stance | Ministry of External Affairs (MEA) spokesperson Randhir Jaiswal reiterated that Arunachal Pradesh is an integral and inalienable part of India. |
| Violation Alleged by India | Violation of international conventions governing air travel and China’s own regulations for visa-free transit (up to 24 hours). |
2. Syllabus Mapping (Relevance)
- GS Paper II:
- International Relations: India and its neighborhood relations. Bilateral relations (India-China).
- Polity: Indian Constitution, Sovereignty, and National Security.
- GS Paper III:
- Security: Border disputes and their spillover effects on other sectors (travel, trade).
3. Deep Dive: Core Issues & Analysis (For Mains Answer Body)
A. The Sovereignty Claim and Identity Crisis
- China’s ‘Map Diplomacy’: China consistently publishes maps claiming Arunachal Pradesh as part of its territory (Zangnan/South Tibet). The Shanghai incident is a rare, direct enforcement of this political claim against an Indian civilian holding a valid Indian passport.
- MEA’s Strong Rebuttal: The MEA’s statement that “No amount of denial by the Chinese side is going to change this indisputable reality” is a categorical, high-level diplomatic assertion of India’s unwavering sovereignty over Arunachal Pradesh.
- Impact on Citizens: The incident subjected an Indian citizen to humiliation and harassment, turning a geopolitical dispute into a personal ordeal and directly challenging the validity of Indian travel documents.
B. Violation of International Travel Norms
- International Conventions: India has pointed out that China’s actions violate established conventions governing international air travel (likely referencing ICAO standards) which recognize valid passports issued by sovereign nations.
- Visa-Free Transit Rule: China’s refusal to grant the individual the standard 24-hour visa-free transit—a rule applicable to nationals of all countries—is a clear breach of its own, publicly stated immigration policy, indicating the decision was driven purely by the political territorial dispute.
C. Spillover into Bilateral Relations
- Air Connectivity Context: The incident occurs shortly after China Eastern Airlines resumed the Shanghai-Delhi service after a five-year gap. Such actions by Chinese authorities can severely undermine confidence and trust, potentially jeopardizing the revival of people-to-people contact and trade through this route.
- Official Response: The issuance of a “strong demarche” signifies the serious nature of the diplomatic protest lodged by India, demanding an immediate and credible explanation for the unauthorized detention and harassment.
- Chinese Justification: China’s defense, claiming that officials acted “as per laws and regulations” and “fully protected the lawful rights,” is disingenuous, as the “law” in question appears to be the unilateral, non-recognized claim over Indian territory.
4. Key Terms (For Prelims & Mains)
- Inalienable Part: A legal and diplomatic term emphasizing that a territory cannot be transferred or separated from the main country.
- Demarche: A formal diplomatic representation of one government’s official position, views, or wishes on a given matter to another government.
- Zangnan (South Tibet): The name used by China to claim the territory of Arunachal Pradesh.
- Visa-Free Transit: A policy allowing international travelers to pass through a country’s airport without a visa for a short period (typically 24 to 72 hours).
5. Mains Question Framing
- GS Paper II (International Relations): “The detention of an Indian citizen in Shanghai over the Arunachal Pradesh birthplace issue brings the India-China border dispute into the civilian domain. Discuss the diplomatic, legal, and bilateral implications of China’s ‘Map Diplomacy’ in such actions.”
- GS Paper II (Polity/Security): “The MEA’s strong reiteration of Arunachal Pradesh as an ‘inalienable part of India’ underscores the non-negotiable nature of India’s sovereignty. Analyse the challenges this incident poses to international travel norms and India’s strategy for protecting its citizens’ identity.”
6. Conclusion & Way Forward
The Shanghai incident is a stark reminder that the India-China dispute extends beyond the Line of Actual Control (LAC). While China seeks to use its immigration policies to enforce its political claims, India must continue to be firm and consistent in its diplomatic engagement.
- Diplomatic Reciprocity: India must maintain a firm stand, ensuring that Chinese authorities are held accountable for violating international travel norms.
- Protecting Citizen Identity: The government must explore mechanisms to prevent such incidents, potentially including a coordinated international response or advisory to travelers with China connections.
- Maintaining People-to-People Contact: While addressing the political dispute, care must be taken to ensure that newly revived connectivity, like the Delhi-Shanghai flight, is not hampered, maintaining channels for non-political engagement.
Headline: Indian Rupee Becomes Asia’s Worst-Performing Currency in 2025
1. Preliminary Facts (For Mains Answer Introduction)
- Current Status: The Indian Rupee (INR) is the worst-performing currency in Asia in 2025, depreciating by 4.3% against the US Dollar (USD) year-to-date.
- Recent Low: The INR touched a record low of 89.66 against the USD on November 21, 2025.
- Key Concern: Analysts warn that without a trade deal with the U.S., the rupee could slide further to 90 against the dollar.
- Primary Drivers: The depreciation is attributed more to global factors and capital outflows than domestic fundamentals.
2. Syllabus Mapping (Relevance)
- GS Paper III:
- Indian Economy: Issues related to growth, mobilization of resources, and external sector; Effects of liberalization on the economy.
3. Deep Dive: Core Issues & Analysis (For Mains Answer Body)
A. Primary Causes of the Rupee’s Depreciation
The weakness of the rupee is a result of a combination of external shocks and domestic vulnerabilities:
- Global Dollar Strength: The US dollar has appreciated by 3.6% over the last two months, putting pressure on most global currencies, including the INR. This is the dominant factor, as the rupee’s trajectory now “hinges on global dollar strength more than domestic fundamentals.”
- Impact of US Tariffs: The Trump administration’s imposition of 50% tariffs on Indian exports has severely hurt India’s trade. This led to a record merchandise trade deficit of $41.7 billion in October 2025, creating a massive demand for dollars to pay for imports and servicing the trade gap.
- Surge in Gold Imports: A sharp spike in global gold prices triggered a massive 200% increase in investment demand for gold in India. The gold import bill skyrocketed to $14.72 billion in October, further widening the current account deficit and putting downward pressure on the rupee.
- Capital Outflows: Unlike in the past, the pressure is not from the current account alone (which was previously benign) but from capital outflows. This suggests that foreign investors may be pulling money out of Indian markets due to global risk aversion or seeking higher returns in the US.
B. Comparative Analysis with Other Asian Currencies
- Weaker than Peers: The INR has depreciated more (4.3%) than other regional currencies with current account deficits, such as the Indonesian Rupiah (2.9%) and the Philippine Peso (1.3%).
- Intervention by Other Central Banks: The better performance of other Asian currencies, particularly the Chinese Yuan (CNY), is attributed to aggressive intervention and signaling by their central banks (like China’s PBOC). This highlights a potential difference in the Reserve Bank of India’s (RBI) approach, which may be allowing a more market-determined exchange rate to absorb external shocks.
C. Implications and the Role of the RBI
- Implications:
- Inflation: A weaker rupee makes imports (like crude oil, electronics, and chemicals) more expensive, contributing to imported inflation.
- External Debt: The cost of servicing India’s external debt increases for both the government and corporates.
- Foreign Investment: While it can boost exports, sustained volatility can deter foreign investment.
- RBI’s Stance: The RBI was defending the rupee at the 88.8 level, but the breach of this level indicates the immense pressure. The RBI faces a dilemma: using foreign exchange reserves to defend the currency or allowing depreciation to act as an automatic stabilizer for the trade deficit.
4. Key Terms (For Prelims & Mains)
- Currency Depreciation: A decrease in the value of one currency relative to another. Here, the INR is depreciating against the USD.
- Trade Deficit: The amount by which the value of a country’s imports exceeds the value of its exports.
- Current Account Deficit (CAD): A broader measure of trade that includes the trade deficit plus net income from abroad and net current transfers.
- Capital Outflows: The movement of capital (money) out of a country, often due to perceived better opportunities or lower risk elsewhere.
- Forex Intervention: Actions by a central bank to influence the value of its currency, typically by buying or selling its own currency in the forex market.
5. Mains Question Framing
- GS Paper III (Economy): “The Indian Rupee has emerged as the worst-performing currency in Asia in 2025. Analyze the key factors behind this depreciation and its likely impact on the Indian economy.”
- GS Paper III (Economy): “A nation’s exchange rate is a critical indicator of its economic health. In light of the recent depreciation of the Indian Rupee, discuss the challenges it poses for macroeconomic management.”
6. Linkage to Broader Policy & Initiatives
- External Sector Vulnerability: The situation highlights India’s vulnerability to global geopolitical and economic shifts, such as US trade policies.
- Atmanirbhar Bharat (Self-Reliant India): A weaker rupee underscores the need to boost domestic manufacturing and reduce dependency on non-essential imports to control the trade deficit.
- Foreign Exchange Reserves Management: The episode tests the RBI’s strategy of building and deploying its foreign exchange reserves to manage volatility.
- Trade Diplomacy: The importance of securing trade deals, like the pending one with the U.S., is amplified as they can stabilize currency expectations and improve export prospects.
Conclusion & Way Forward
The rupee’s sharp depreciation is a symptom of multiple external shocks converging simultaneously. While a slightly weaker currency can aid exports, the current pace and reasons for the decline are a cause for concern, primarily due to the inflationary impact and the risk of triggering further capital flight.
The Way Forward:
- Diversifying Exports: India needs to aggressively diversify its export basket and find new markets to reduce dependency on the US and mitigate the impact of such tariff shocks.
- Managing Gold Imports: Policy measures to disincentivize speculative gold imports, perhaps through fiscal tools, are needed to prevent the current account from spiraling.
- Attracting Stable Flows: Focus on attracting stable foreign direct investment (FDI) rather than volatile portfolio flows to finance the current account deficit.
- RBI’s Cautious Intervention: The RBI should continue to intervene to curb volatility but avoid defending a specific level, which can lead to a rapid depletion of forex reserves.
The management of the exchange rate in the coming months will be a critical test of India’s macroeconomic resilience in an increasingly uncertain global environment.
Headline: Study Reveals Toxic Air is a Year-Round Crisis in 60% of Indian Districts
1. Preliminary Facts (For Mains Answer Introduction)
- Source: Analysis by the Centre for Research on Energy and Clean Air (CREA).
- Key Finding: Nearly 60% of India’s districts (447 out of 749) experience dangerous levels of air pollution throughout the year, not just in winter.
- Pollutant in Focus: PM2.5 (fine particulate matter).
- Standard Breached: These districts exceed the National Ambient Air Quality Standard (NAAQS) annual safe limit of 40 µg/m³.
- Global Comparison: No Indian district meets the stricter WHO guideline of 5 µg/m³.
2. Syllabus Mapping (Relevance)
- GS Paper III:
- Environment & Ecology: Conservation, environmental pollution and degradation; Environmental Impact Assessment.
- GS Paper II:
- Governance: Government policies and interventions for development in various sectors.
3. Deep Dive: Core Issues & Analysis (For Mains Answer Body)
A. The Pervasive and Pan-Indian Nature of the Crisis
- Beyond a “Winter Problem”: The study shatters the common perception that air pollution is a seasonal issue confined to post-monsoon months in North India. It reveals that for a majority of the population, exposure to toxic air is a chronic, year-long public health emergency.
- National Standards vs. Global Health Benchmarks: The fact that no district meets the WHO’s safe guideline, while 60% breach India’s own more lenient standard, highlights a significant gap between regulatory targets and what is required for safeguarding public health. This underscores the need for more stringent and health-centric air quality goals.
B. Regional Disparities and Hotspots
The analysis identifies a clear geographical divide in air pollution levels:
- Highly Polluted Regions (Northern and Eastern India):
- Delhi and Assam are the worst-affected, with 11 districts each in the top 50.
- Bihar and Haryana follow with 7 districts each, and Uttar Pradesh, Tripura, Rajasthan, and West Bengal also have significant numbers.
- This pattern points to common regional drivers like stubble burning in the Indo-Gangetic plains, industrial and vehicular emissions, geographical factors (inversion during winter), and possibly the use of solid fuels for cooking.
- Relatively Cleaner Regions (Southern and Coastal India):
- The majority of districts in Andhra Pradesh, Telangana, Kerala, Karnataka, Tamil Nadu, Goa, and Sikkim comply with the NAAQS.
- This can be attributed to coastal winds that aid dispersion, different agricultural practices, and potentially better enforcement of environmental regulations.
C. Seasonal Variations and Underlying Causes
- Winter (Dec-Feb): The most polluted season, with 82% of districts (616) breaching standards. This is due to a combination of increased emissions (e.g., from heating) and meteorological factors (temperature inversion, low wind speed) that trap pollutants close to the ground.
- Monsoon (Jun-Sep): The cleanest season, with 90% of districts (675) within safe limits. The rains effectively wash out (scavenge) particulate matter from the atmosphere, providing temporary respite.
4. Key Terms (For Prelims & Mains)
- PM2.5: Fine inhalable particles, with diameters that are generally 2.5 micrometers and smaller. They pose the greatest health risk as they can penetrate deep into the lungs and enter the bloodstream.
- National Ambient Air Quality Standards (NAAQS): Standards set by the Central Pollution Control Board (CPCB) for ambient air quality with respect to various identified pollutants.
- WHO Air Quality Guidelines: International guidelines providing recommended concentrations for key air pollutants to protect public health.
- Temperature Inversion: A meteorological phenomenon where a layer of warm air traps cooler air and pollutants near the surface, preventing their dispersion.
5. Mains Question Framing
- GS Paper III (Environment): “Air pollution in India is no longer a seasonal or regional problem but a national public health crisis. Critically examine this statement in the context of recent findings and suggest a multi-pronged mitigation strategy.”
- GS Paper II (Governance): “The effectiveness of environmental governance in India is often challenged by federal complexities and implementation gaps. Analyze this in light of the persistent problem of air pollution across Indian states.”
6. Linkage to Broader Policy & Initiatives
- National Clean Air Programme (NCAP): The study provides a critical baseline for assessing the NCAP’s performance. It shows that the problem is more widespread than the currently identified 132 non-attainment cities, necessitating a district-level approach.
- Commission for Air Quality Management (CAQM) for NCR: The severe pollution in Delhi and its adjoining regions validates the need for such a dedicated, empowered body, and suggests that similar regional approaches might be needed for other hotspots like Assam and Bihar.
- Sustainable Development Goals (SDG): Directly links to SDG 3 (Good Health and Well-being) and SDG 11 (Sustainable Cities and Communities).
- National Health Mission: The public health burden of chronic air pollution exposure (respiratory, cardiovascular diseases) puts immense strain on the public health system.
Conclusion & Way Forward
The CREA study is a stark reminder that India’s air pollution challenge is deep, widespread, and a constant threat to human health and economic productivity. A business-as-usual approach is insufficient.
The Way Forward:
- Expand the Geographical Focus of NCAP: The program should be expanded to include all the 447 identified districts, with tailored action plans based on local emission sources.
- Strengthen Data and Monitoring: Enhance the real-time air quality monitoring network, especially in non-urban and eastern Indian districts, to improve data reliability and public awareness.
- Address Regional Source Apportionment: Conduct detailed studies to identify the specific sources of pollution in states like Assam and Tripura, which are not part of the traditional Indo-Gangetic plain narrative.
- Cross-State Collaboration: Foster stronger collaboration between states, especially in the Indo-Gangetic plain, to address trans-boundary pollution from stubble burning and industrial emissions.
- Public Health as a Central Driver: Frame clean air primarily as a public health imperative to galvanize public support and policy action, moving beyond viewing it merely as an environmental issue.
Tackling this crisis requires a sustained, nationally coordinated effort that is as relentless as the pollution itself.
Headline: SC Raps Centre States for Non-Compliance with Mandatory CCTVs in Police Stations
1. Preliminary Facts (For Mains Answer Introduction)
- Judicial Body: Supreme Court of India (Bench of Justices Vikram Nath and Sandeep Mehta).
- Context: A suo motu hearing to re-examine compliance with its 2020 judgment in Paramvir Singh Saini vs. Baljit Singh.
- Mandate: The 2020 judgment made it mandatory to install and maintain functional CCTV cameras in all police stations and offices of central investigative agencies (CBI, ED, NIA) to prevent custodial torture.
- Current Status: Widespread non-compliance. Only 11 States/UTs filed reports; the Centre filed none. The court expressed shock over 11 custodial deaths in 8 months in Rajasthan.
2. Syllabus Mapping (Relevance)
- GS Paper II:
- Polity: Indian Constitution—Fundamental Rights; Structure, organization, and functioning of the Judiciary.
- Governance: Government policies and interventions; Transparency & accountability.
- GS Paper IV (Ethics):
- Human Values: Lessons from the lives and teachings of great leaders, reformers, and administrators.
3. Deep Dive: Core Issues & Analysis (For Mains Answer Body)
A. The Core Conflict: Judicial Directive vs. Executive Inaction
- Upholding Fundamental Rights: The 2020 judgment was a landmark step to operationalize Article 21 (Right to Life and Personal Liberty), which includes the right to live with dignity and the right against torture. CCTVs act as a crucial safeguard against the abuse of power in the opaque environment of police custody.
- Accountability and Deterrence: The Court’s directive was aimed at bringing transparency and accountability to law enforcement. Functional cameras deter custodial violence and provide objective evidence in case of allegations, protecting both the citizen and the honest police officer.
- Contempt for the Rule of Law: The court’s sharp question—”Is the Union of India taking the court very lightly?”—highlights a serious issue of executive non-compliance with judicial orders. This strikes at the heart of the separation of powers and the rule of law, where a mandate from the highest court is being ignored.
B. The Arguments and Counter-Arguments
- The Court’s Stance:
- Shock at Custodial Deaths: The statistics from Rajasthan were cited as proof of the continuing problem that the 2020 judgment sought to solve.
- International Precedent: The Bench countered the government’s skepticism by citing the live-streaming of police stations in the United States, indicating that such transparency is a global best practice.
- Strict Ultimatum: By ordering personal appearances of agency directors and home secretaries, the court is using its contempt powers to ensure compliance, moving beyond gentle reminders.
- The Government’s Reluctant Stance (as presented by the Solicitor-General):
- Denial of Disrespect: While verbally assuring compliance, the failure to file an affidavit indicates bureaucratic inertia or a lack of political will.
- Security Concerns: The argument that CCTVs could be “counter-productive” is vague but likely refers to concerns about the confidentiality of investigations and the safety of informants. However, the court’s order pertains to interrogation rooms, not all areas, and protocols can be designed to balance these needs.
- Sarcasm and Deflection: The “private resort-type jails” comment was a deflection that the court rightly called out as sarcastic, indicating a lack of a substantive counter-argument.
C. The Broader Implications
- Custodial Violence as a Systemic Issue: The persistent reports of torture and deaths point to a deep-rooted problem within the policing system, including a culture of impunity and inadequate training.
- Federal Challenge: The non-compliance by states and the Centre alike shows that this is a pan-India governance failure, not limited to one political party or administration.
- Technology as a Tool for Justice: The case underscores the potential of technology (CCTVs) to be a powerful tool for enforcing constitutional rights and reforming governance, provided there is genuine intent to implement it.
4. Key Terms (For Prelims & Mains)
- Suo Motu: Latin for “on its own motion,” referring to the court’s power to initiate legal proceedings independently.
- Custodial Torture: The infliction of severe pain or suffering, whether physical or mental, on a person who is under the custody or control of the accused.
- Article 21: Protects the right to life and personal liberty. The Supreme Court has interpreted this to include the right to live with dignity and free from torture.
- Rule of Law: The principle that all citizens and institutions, including the government, are accountable to the law that is fairly applied and enforced.
5. Mains Question Framing
- GS Paper II (Polity): “The Supreme Court’s directive to install CCTVs in police stations is a critical step towards upholding the Right to Life under Article 21. Discuss the significance of this measure and analyze the challenges in its implementation.”
- GS Paper II (Governance): “Custodial violence remains a grim reality in India, reflecting a failure of governance. Examine the role of technology and judicial intervention in addressing this issue and ensuring police accountability.”
6. Linkage to Broader Policy & Initiatives
- Police Reforms: This case is directly linked to the long-pending agenda of comprehensive police reforms, as recommended by the Supreme Court in the Prakash Singh case (2006).
- Modernization of Police Forces: Installing CCTVs is a part of the broader need to modernize police infrastructure and equip forces with 21st-century tools that aid in transparent and professional policing.
- Law Commission Reports: Various Law Commission reports have recommended measures to curb custodial violence, including making it a separate offense.
Conclusion & Way Forward
The Supreme Court’s frustration is a reflection of the executive’s apathy towards a grave issue of human rights. The continued occurrence of custodial torture and deaths is a stain on India’s democratic credentials.
The Way Forward:
- Strict Compliance and Monitoring: The court must ensure its ultimatum is enforced. Compliance should not be limited to installation but must include mandatory annual audits of camera functionality and data storage.
- Legislative Backing: Parliament should consider enacting a law against custodial torture, as recommended by the Law Commission and the National Human Rights Commission (NHRC), to create a stronger deterrent.
- Sensitization and Training: Police forces must be sensitized on human rights and trained to see CCTVs not as a threat but as a tool that protects them from false allegations and builds public trust.
- Standard Operating Procedures (SOPs): The government must develop clear SOPs addressing legitimate security concerns, such as protocols for when cameras can be temporarily switched off (with mandatory logging and reasons) to balance transparency with operational needs.
The installation of CCTVs is a minimal, non-negotiable first step. A law-abiding state must have nothing to fear from transparency in its own offices of law enforcement.