List of Current Affairs

Why in News?

• Recently, the Rajasthan Assembly passed “The Rajasthan Honour of Dead Body Bill, 2023,” which penalizes protests with a dead body.
• This Bill contains provisions to provide honour to the dead body and uphold its basic human rights.
• This is probably the first of its kind among the Indian States.

Background

Due to the following reasons, the Rajasthan Government came up with this bill:

• There has been an increase in cases where the family sits with a dead body and demands compensation.
• In 2014-18 there were 82 incidents of ‘demonstration and dharna’ after holding the dead body on streets or outside the police stations, and this figure rose to 306 during 2019-23, though 91 cases were registered in the police stations.
• There are about 3016 unclaimed bodies so far in the State of Rajasthan.
• Since the incidents of remonstration for unjustified demands are increasing in Rajasthan and in this matter, there are no adequate provisions in the existing law, likewise, to keep a record of unclaimed bodies, protection of genetic data information through DNA profiling and digitization and confidentiality of information are need of the hour.

Legal Provisions

The Rajasthan Honour of Dead Body Bill, 2023.

• The proposed Bill’s main objective is to provide dignity to the dead.

Right to last rites

• This Bill gives a dead person “Right to last rites” and has provisions for storage, maintenance of dataset and disposal of unclaimed dead bodies.

Discourages Remonstrations

• This Bill serves as a deterrent on the rising trend of remonstrations and also works towards protection of data relating to unclaimed bodies.

Dead body to be claimed by the family of the deceased

• The Bill binds the deceased person’s family to claim the dead body at the earliest and empowers the district administration to seize the body and conduct the last rites.
• In cases of protest with the dead body, there are provisions for imprisonment for up to five years.

Offences and Punishments

• According to the Offences and Punishment laid down in the new bill, any family member who does not take possession of the dead body shall be punished with imprisonment for a term which may extend to one year or with fine or with both.
• Any family member who uses the dead body for remonstration or gives consent to any other person for using the body for remonstration, shall be punished with imprisonment for a term, which may extend to two years and with fine.
• For any person, other than family members, who uses the dead body for remonstration, shall be punished with imprisonment for a term, which shall not be less than six months, but which may extend to five years and with fine.
• If any authorized person or persons, discloses any kind of Genetic Data Information and Confidentiality of Information, shall be punished with imprisonment for a term, which shall not be less than three years, but which may extend to ten years and with fine.
• Whoever attempts or conspires to commit an offence under this Act shall be punished in the same manner as if he had himself committed that offence.

Safeguards

• The bill will provide protection to the religions, traditions and sentiments of all communities and tribal people and there would be a nodal officer to solve the immediate problems of the kin of the deceased.

Case Laws:

Adhikar Abhiyan v. Union of India (2002), in this the Supreme Court issued directions for decent burial or cremation of the unclaimed dead bodies. The court further said that the human dignity with which living human beings are expected to be treated, should also be extended to a person, who is dead and the right to accord decent burial or cremation to the dead body of a person, should be taken to be a part of the right to such dignity.

Why in News?

• The Apex Court of the country acting as the guardian of the Constitution took moto cognizance of video showing two women in Manipur being paraded naked.
  • The women were subjected to sexual violence amidst the internal violence in the State.
• The Court by expressing deep condolence asked Centre and the State Government to inform it of the steps taken to bring the perpetrators into law.

Background

• A viral video that is circulating on social media, showing two Kuki women being paraded naked by a mob on May 4 became a national concern.
• The incident occurred in B Phainom village in Kangpokpi district on May 4.
• A Zero FIR was filed by the Saikul police, in Kangpokpi district, on May 18. It was forwarded to the Nongpok Sekmai police station.
• The Zero FIR contained charges of rape and murder against “unknown miscreants”.
• High Court’s directive to the Manipur government triggered the violence between the Meiteis and the Kukis in Manipur.
• A single judge bench of acting Chief Justice M.V. Muralidaran of the Manipur High Court, through its impugned order, had directed that the State shall consider the inclusion of Meitei community in the Scheduled Tribes list.

Court’s Observations

• The court observed that using women as instrument in an area of communal strife to inflict gender violence is deeply disturbing. This is the grossest of human rights violations.
• The court warned the governments stating that “we will give a little time for government to take action otherwise we will step in”.

Zero FIR

• Section 154 of the Code of Criminal Procedure, 1973 (Cr.P.C.), governs the First Information Report (FIR) in cognizable cases. Zero FIR also falls under Section 154 of Cr,P,C.
• A zero FIR can be lodged in any police station irrespective of the jurisdiction of cause of action.
• The concept of zero FIR was mainly propounded to be inserted in the Criminal Law Amendment by Justice Verma’s Committee after the incident of the Mukesh & Anr. v. State for NCT of Delhi & Ors. (2017).
• The Apex court in Lalita Kumari v. Government of U.P. (2003) observed that it is mandatory to register a FIR under Section 154 of IPC, 1860 if the complaint is related to a cognizable offence.
• It was held in the case of Kirti Vashisht v. State & Ors. (2019), that even if the information to be registered as FIR where the incident took place which is out of the jurisdictional area of the police station, it is still mandatory for police to register the information as zero FIR and thereafter, transfer to the police station having jurisdiction.

Communities

Kuki Community

• The Kuki people are a group in the Northeastern Indian states of Manipur, Nagaland, Assam, Meghalaya, Tripura and Mizoram, as well as neighboring countries of Bangladesh and Myanmar.
• The Kukis have been demanding self-determination for their community for a long time.
• The primary reason behind such is that the Kukis do not share a cordial relationship with the Meiteis and the Nagas.

Meitei Community

• They are the largest and dominant community in Manipur.
• The Meitei ethnic group represents about 53% of Manipur's population.

Legal Provisions

Section 376D of the Indian Penal Code, 1860 – Gang Rape

• Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life, and with fine:
• Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
• Provided further that any fine imposed under this section shall be paid to the victim.

Section 302 of the Indian Penal Code, 1860 – Punishment for Murder

• Whoever commits murder shall be punished with death or [imprisonment for life] and shall also be liable to fine.

Why in News?

Delhi High Court has in the matter of Naresh Sharma v. Union of India & Ors. Said that it will go a long way in ensuring speedy and effective justice system and called for judicial reforms to deal with frivolous litigations.

Background

• In India the judicial system is burdened with case load leading to significant backlog of cases.
• The Delhi High Court has said that the Bar Council of India (BCI) must frame guidelines for establishing an ethical code for self-represented litigants.
• Justice Swarana Kanta Sharma made the observations while dismissing three petitions moved by Naresh Sharma, an alumnus of IIT, alleging that his fundamental right under Article 21 of the Constitution of India was being infringed.
• It was argued that Article 21 includes "right to have public organizations that are not criminally established”.

Court’s Observations

• Observing that while the self-represented litigants may lack legal training, the court said that they are still expected to fulfil certain duties to ensure a fair and efficient judicial process.
• The Court further said “This embargo of absence of ethical conduct needs to be addressed by the Bar Council of India, and some guidelines for establishment of ethical code for self-represented litigants need to be framed. This ethical grounding will play a crucial role in minimizing the flow of frivolous litigation, and thus reduce the burden of Courts”.

Legal Provisions

Frivolous Litigation - It is the use of legal processes with apparent disregard for the merit of one's own arguments. It includes presenting an argument with reason to know that it would certainly fail or acting without a basic level of diligence in researching the relevant law and facts.

Causes for Delay

• The huge backlog in the courts has been a subject of a number of reports and debates in parliament and state legislatures.
• The primary reason pertains to the fact that the institution of cases in the courts far exceeds their disposal.
• There is a considerable increase in the disposal of cases in various courts, the institution of cases has increased more rapidly.
• The existing strength of judges being inadequate, even to dispose of the actual institution, the backlog cannot be wiped out without additional strength, particularly, when the institution of cases is likely to increase and not come down in the coming years.
• Another reason behind the sad state of affairs is that the number of Judges is highly disproportionate to the population.
• The judge to population ratio (judge per million population) with respect to sanctioned strength of judges is 21 as on December 31, 2021. The sanctioned strength of the Apex Court is 34 while it is 1098 for the 25 High Courts.
• Another reason which amounts to delay is no fixed period for disposal: There is no time limit fixed either by any Act or Code within which the cases must be decided.
• The reason for which cases drag on for years together may be summed up as follows:
• Role of Judges:
  • Lack of control over case files and court proceedings.
  • The tendency of some judges to grant adjournments in a liberal manner.
  • Sometimes it may happen that judges come to courts without reading case files which further makes lawyers argue at length explaining the facts of the case and legal point (s) involved therein.
• Role of Lawyers:
  • Lawyers are not precise sometimes regarding the case details.
  • Lawyers are known to take adjournments on frivolous grounds, the reason may range from death of a party or a relative or any other alike reason.
  • It often happens that lawyers are busy in another court as they have to handle multiple court proceedings during the day.
  • It may sometimes happen that lawyers do not prepare their cases. A better preparation of the brief is bound to increase the efficiency of the system.
  • It is seen that lawyers often resort to strikes.

Bar Council of India

• Bar Council of India (BCI) is a statutory body established under the Section 4 of the Advocates Act, 1961 that regulates the legal practice and legal education in India.
• It prescribes standards of professional conduct, etiquette and exercises disciplinary jurisdiction over the bar.
• Section 7 of the Advocates Act, 1961 lays down the Bar Council's regulatory and representative mandate as follows:
  • Lay down standards of professional conduct and etiquette for advocates.
  • Lay down procedure to be followed by disciplinary committees.
  • Safeguard the rights, privileges and interests of advocates.
  • Promote and support law reform.
  • Deal with and dispose of any matter which may be referred to by a State Bar Council.
  • Promote legal education and lay down standards of legal education.
  • Determine universities whose degree in law shall be a qualification for enrollment as an advocate.
  • Conduct seminars on legal topics by eminent jurists and publish journals and papers of legal interest.
  • Organize and provide legal aid to the poor.
  • Recognize foreign qualifications in law obtained outside India for admission as an advocate.
  • Provide for the election of its members who shall run the Bar Council.