DAILY CURRENT AFFAIRS IAS | UPSC Prelims and Mains Exam – 8th May 2023
Archives (PRELIMS & MAINS Focus) Shoot-at-sight orders Syllabus Prelims –Polity Context: Recently, the Manipur government authorised all District Magistrates to issue “shoot at sight orders” in “extreme cases”. About Shoot at-sight orders:- IMAGE SOURCE: Manipur in India Map. Manipur Map Vector Illustration Stock Vector – Illustration of the graphic, country: 176108947 (dreamstime.com) A shoot-at-sight or firing order may be passed in terms of the statutory powers relating to the arrest or prevention of offences or for disbanding unlawful assemblies under the CrPC, 1973. (UPSC PRELIMS: Criminal Procedure (Identification) Act, 2022) Section 144 of the CrPC enables the use of wide powers while dealing with urgent cases of “apprehended danger” or nuisance through the issuance of orders. Section 46 (2) of the CrPC enables the use of force in the course of arresting a person. If a person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest. Section 46(3) places a limit on this executive power. The provision does not give a right “to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.” Exceptions:- It also places a limit on this executive power. The provision does not give a right to cause the death of a person not accused of an offence punishable with death or imprisonment for life. (UPSC CSE: Committee for Reforms in Criminal Law) Section 3(a) Oof the Armed Forces Special Powers Act, of 1958 empowers the armed forces to use force in disturbed areas. disturbed areas: a notification in the Official Gazette declaring an area as “disturbed” may be passed by the Governor of the State or the Administrator of that Union Territory or the Central Government. Provisions in the Indian Penal Code,1860:- Section 81 says that “Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm if it is done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.” Section 76 exempts such acts, if done by a person “who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it.” Section 76 IPC goes so far as to say that if a soldier “fires on a mob by the order of his superior officer, in conformity with the commands of the law”, he has committed no offence. Related Judicial Judgements:- Jayantilal case:- Gujarat High Court declared the shoot-at-sight orders imposed for breaking a curfew “void”. The Gujarat High Court’s 1974 ruling in “Jayantilal Mohanlal Patel vs Eric Renison And Anr.” Held that the “law and order forces of the State of Gujarat have no authority to shoot at anyone for a mere breach of the curfew order.” In the 1974 ruling, Justice SH Seth also observed that any threat issued by the executive to the life of a citizen without the authority of law must be viewed very seriously. In 1981 the Supreme Court ruling, given by Justice YV Chandrachud led Bench, in the case of “State Of West Bengal vs Shew Mangal Singh & Ors” which dealt with the conflict between the executive’s power of extreme coercive action and an individual’s right to liberty. MUST READ: Section 153A of the Indian Penal Code (IPC) SOURCE: THE INDIAN EXPRESS PREVIOUS YEAR QUESTIONS Q.1) With reference to India, consider the following statements: (2022) Government law officers and legal firms are recognized as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges. Which of the statements given above is/are correct? 1 only 2 only Both 1 and 2 Neither 1 nor 2 Q.2) With reference to India, consider the following statements: (2022) When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right. State Governments have their own Prisoners Release on Parole Rules. Which of the statements given above is/are correct? 1 only 2 only Both 1 and 2 Neither 1 nor 2 River-Cities Alliance Syllabus Prelims –Governance Context: Recently, National Mission For Clean Ganga Organizes River-Cities Alliance Global Seminar. About River-Cities Alliance:- River Cities Alliance (RCA) was launched in 2021. (UPSC PRELIMS: River Cities Alliance) It is organized by National Mission for Clean Ganga (NMCG) in association with the National Institute of Urban Affairs (NIUA). It is a joint initiative of the Department of Water Resources, River Development & Ganga Rejuvenation under the Ministry of Jal Shakti (MoJS) & the Ministry of Housing and Urban Affairs (MoHUA). Objective: to provide a platform for officials of member cities and international stakeholders to discuss and learn good practices for managing urban rivers. Vision: to connect river cities and focus on sustainable river-centric development. Membership: Beginning with 30 member cities in November 2021, the Alliance has expanded to 109 river cities across India and one international member city from Denmark(the city of Aarhus from Denmark). It is a dedicated platform for river cities across India to discuss & exchange information for sustainable management of urban rivers. It includes cities from both the Ganga basin and non-Ganga basin states.(UPSC CSE: Linking Rivers) The RCA Global Seminar witnessed participation from Embassies/High Commissions of select countries along with funding agencies like the World Bank, ADB, JICA & KfW. In it was noted that the theme of RCA resonated in the UN Water Conference 2023 held in New York in March 2023. ‘ DHARA 2023 The first annual meeting of the RCA – DHARA 2023 (Driving Holistic Action for Urban Rivers) was held in 2023, in Pune. It featured key sessions on international best practices and examples for urban
DAILY CURRENT AFFAIRS IAS | UPSC Prelims and Mains Exam – 8th May 2023 Read More »
