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    1. Public Finance Management System (PFMS) for All Central Sector Schemes



In News



Key Highlights



About PFMS



Benefits



    1. Sampoorna Bima Gram Yojna



In News



Key Highlights



About Postal Life Insurance (PLI)



    1. CVC To Launch New 'Integrity Index'



In News



Key Highlights



    1. Supreme Court Frames Guidelines To Designate Lawyers As Senior Advocates



In News



Key Highlights



Issues With The Current System



    1. Life Term For Government Officials Indulging In Torture



Key Highlights




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Conclusion



  • The problem of pollution and the larger problem of climate change are very serious matters. Such knee-jerk reactions reduce the gravity of original problem while aggravating the cultural sentiments of people.

  • Regulating the bursting of crackers along with steps to sensitize people about the environmental problems could have been a better solution. Coercion will not yield the desired results.

    1. Commission to Examine Sub Categorization of Other Backward Classes



In News



  • The President has appointed a five-member Commission headed by Delhi High Court's former Chief Justice G Rohini to examine the sub-categorisation of Other Backward Classes (OBCs) under Article 340 of the Constitution.

  • Sub categorization of the OBCs will ensure that the more backward among the OBC communities can also access the benefits of reservation for educational institutions and government jobs.

Key Highlights



  • The commission will examine the extent of inequitable distribution of benefits of reservation among the castes or communities included in the broad category of OBCs with reference to such classes included in the Central List.

  • It will also work out the mechanism, criteria, norms, and parameters in a scientific approach for sub-categorisation within such OBCs and will take up the exercise of identifying the respective castes or communities or sub-castes or synonyms in the Central List of OBCs and classifying them into their respective sub-categories.

Article 340:



  • It allows the president to appoint a commission to investigate the condition of socially and economically backward classes and table the report in the parliament.

Rationale behind Sub-categorisation of OBCs:



  • There are inequalities and then there are inequalities within unequal entities. That reservation in jobs and education did address socio-economic disparities in India to some degree is true. But, equally, the benefits of reservation have not been distributed equitably, and large segments of the weaker sections and backward classes continue to have no access to quality education or meaningful employment.

  • The introduction of the concept of ‘creamy layer’ to isolate the well-off among those eligible for reservation was initially perceived as an attempt to limit the benefits of reservation, and to politically divide the beneficiaries of reservation.

  • However, it was not implemented properly and large sections of the creamy layer are taking advantage of the quota system to the detriment of the poorer sections among their own caste groups.

  • Sub-categorisation will ensure equitable distribution of benefits.

Background:



  • The Supreme Court of India in

    IndraSawhney vs. Union of India

    case (1992) had observed that there is no constitutional or legal bar on states for categorizing OBCs as backward or more backward.

  • It had also observed that it is not impermissible in law if state chooses to do sub-categorization.

  • So far, 11 states/UTs viz. Karnataka, Haryana, Andhra Pradesh, Jharkhand, Puducherry, Telangana, West Bengal, Bihar, Maharashtra, Tamil Nadu and Jammu region of Jammu & Kashmir have carried out sub-categorization of OBCs.

  • However, there was no sub categorisation in central list of OBCs.

Central Vigilance Commission (CVC)



  • The Central Vigilance Commission was set up by the Government in February, 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam, to advise and guide Central Government agencies in the field of vigilance.

  • It got statutory status in 1998 by promulgation of an Ordinance by the President. In 2003, the Central Vigilance Commission Act came into effect.

  • CVC is conceived to be the apex vigilance institution, free of control from any executive authority, monitoring all vigilance activity under the Central Government and advising various authorities in Central Government organizations in planning, executing, reviewing and reforming their vigilance work.

  • The CVC is headed by a Central Vigilance Commissioner and has two Vigilance Commissioners.

Difference Between Senior Advocate And Other Advocate



  • Senior advocate has to follow a separate code of conduct. It is different from other lawyers.

  • The status of senior lawyer is designated to them by the Supreme Court or High Court on the basis of merit and seniority.

  • Senior advocates are prohibited from doing some kind of legal work like drafting, etc while junior advocates have no such prohibition.

  • A senior advocate is not permitted to appear without an Advocate-on-record or without any junior.

  • A senior advocate cannot accept directly from a client any brief or instructions to appear in any Court or Tribunal in India.

Why India Need A Law Against Torture



  • Provisions relating to causing hurt or grievous hurt, especially with a view to extracting a confession, criminal intimidation and wrongful confinement already exist in the Indian Penal Code. However, the idea of a stand-alone law ought to be ultimately seen as a more tangible way of expressing commitment to eliminating torture.

  • Given the pervasive nature of custodial violence and its complex policing requirements, the present legislative and administrative framework is obviously inadequate to prevent torture in a country of India’s size.

  • According to the National Human Rights Commission, 2,318 cases of death in police custody and 716 fake encounters have been registered with it since 1993. Such numbers are merely indicative.

  • The absence of a stand-alone law prohibiting torture may prevent many countries from agreeing to India’s extradition requests. Such a law may be in the national interest.

  • An extradition request relating to Purulia arms drop case suspect Kim Davy failed owing to the apprehension that he may be ill-treated in India.

  • India was subjected to close questioning during the Universal Periodic Review of its human rights obligations at the UN Human Rights Council in Geneva. At a time when India is aspiring for more global roles, such reviews are creating a negative image for India.

  • In an era of increasing international cooperation on criminal matters, India will be better served if it is seen as adhering to international treaties, especially its obligations under the Convention Against Torture, which it signed in 1997.

UN Convention Against Torture



  • United Nations Convention against Torture (UNCAT) is an international treaty, under the review of the United Nations, that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment in member countries.

  • This treaty came into force on June 26, 1987.

  • As per the terms of this treaty, signatory countries are required to take effective measures to prevent torture in any territory under its jurisdiction.

  • The treaty also forbids signatory countries to transport people to any other country where they may be tortured.
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