• Mahatma Gandhi's idea of secularism was based on the principle of religious tolerance and respect for all faiths. He believed that the state should not favor any particular religion, and that all religions should be treated equally.
• Gandhi's secularism was not based on the separation of church and state. He believed that religion and politics could be intertwined, but that they should be kept separate in order to avoid conflict.
• Gandhi's secularism was also based on the principle of nonviolence. He believed that all religions teach the importance of nonviolence, and that this principle should be applied to the relationship between the state and its citizens.
• Gandhi's idea of secularism was ahead of its time. He believed that all religions were equally valid, and that all people should be free to practice their religion without fear of persecution.
• He also believed that the state should play a role in promoting religious tolerance and understanding.

5. Gandhi's Dharma

In an article in Young India on October 6, 1921, Gandhi described himself as a Sanatani Hindu. This text later became a point of contention for the Dalit Panthers, who vehemently criticised Gandhi. In the beginning of the text, Gandhi states:

2. About spyware

• Spyware is a type of malware that is designed to enter a device without the user's knowledge or consent.
• Once installed, spyware can gather a variety of information from the device, including the user's location, contacts, call history, text messages, and even the contents of their photos and videos.
• Spyware is often used by criminals to steal financial information or other sensitive data.
• It can also be used by governments and law enforcement agencies to track and monitor individuals of interest.

There are four main types of spyware:

• Trojan spyware disguises itself as a legitimate program to trick the user into installing it.
• Adware displays unwanted ads on the user's device. Adware can also collect data about the user's browsing habits.
• Tracking cookies are used to track the user's online activity across different websites.
• System monitors user's activity on their device and collects data about their usage patterns.

3. Spyware used to surveil political opponents 

• Spyware has been used to surveil political opponents in many countries around the world.
• In 2021, the Pegasus Project revealed that the spyware was used to target more than 50,000 phone numbers in 50 countries, including India, Azerbaijan, Bahrain, Hungary, Kazakhstan, Mexico, Morocco, Rwanda, Saudi Arabia, and the UAE.
• The Pegasus spyware was also reportedly used by Saudi Arabia to target journalist Jamal Khashoggi's wife months before his death.

5. Devices targeting with commercial spyware

Devices can be targeted with commercial spyware in a variety of ways, including:

6. Increasing Use of Spyware

• The use of spyware is on the rise, with at least 74 governments contracting with commercial firms to obtain spyware or digital forensics technology between 2011 and 2023.
• Autocratic regimes are particularly inclined to procure commercial spyware, accounting for a significant portion of its usage.
• Backlash and Regulation While there have been efforts to hold spyware firms accountable, including the blacklisting of the NSO Group by the U.S. in 2021, the spyware industry has largely remained resilient.
• Other companies in the domain have continued to provide similar services, bypassing some of the restrictions.

7. Tech Company Responses

• Tech giants such as Meta, Google, and Apple have taken proactive steps to address the issue of commercial spyware exploiting vulnerabilities in their software.
• They have released software updates to fix the bugs exploited by spyware.
• Additionally, Apple introduced a 'Lockdown Mode' in iOS 16, offering enhanced protection for high-risk individuals.
• Meta-owned WhatsApp has gone even further by pursuing legal action against the NSO Group. They allege that the spyware firm accessed WhatsApp's servers without permission, which led to the installation of the Pegasus software on victims' mobile devices.
• The U.S. administration has urged U.S. justices to reject NSO's appeal against the lawsuit.

PARSIS 

• The 10,000 Avestagenome Project is a research project that aims to sequence and analyze the genomes of 10,000 Zoroastrian-Parsi individuals.
• The project is being led by the Avesta Genome Project Consortium, which is a collaboration between scientists from India, the United States, and the United Kingdom
• The project is motivated by the fact that the Zoroastrian-Parsi population is a unique and isolated population with a rich genetic history. The project aims to use genomic data to learn more about the genetic basis of disease in the Zoroastrian-Parsi population, as well as to better understand the population's genetic history
• The 10,000 Avestagenome Project is a significant undertaking, but it has the potential to make important contributions to our understanding of human genetics and disease.
• The project's findings could help to improve the diagnosis and treatment of diseases that are common in the Zoroastrian-Parsi population, and they could also provide insights into the genetic basis of disease in other populations.

• The Parsis originally came from Persia to India in the 7th century CE, fleeing religious persecution in their homeland after the Muslim conquest of Persia.
• They settled primarily in the western Indian state of Gujarat and, later, in other parts of India, such as Mumbai (formerly Bombay)
• Parsis follow the Zoroastrian faith, which emphasizes the worship of one God (Ahura Mazda) and the practice of good thoughts, good words, and good deeds.
• They maintain Zoroastrian religious practices, including fire worship in temples known as "fire temples."
• Parsis traditionally spoke Gujarati, but over time, they adopted other languages such as English and Hindi. However, they continue to use a special form of Gujarati known as "Parsi Gujarati" in religious and community contexts
• Parsis have made significant contributions to Indian society in various fields, including business, industry, science, and the arts. Prominent Parsi figures include industrialist Jamsetji Tata, nuclear physicist Homi Bhabha, and musician Zubin Mehta
• Parsis have unique cultural practices and traditions, including the celebration of Navroze (New Year), the practice of rituals involving the sacred fire, and ceremonies related to life events such as birth, marriage, and death
• The Parsi community is relatively small, with a declining population due to low birth rates and emigration. Efforts are being made to encourage Parsis to marry within the community and adopt measures to stabilize and grow their population.

• The scheme seeks to encourage Parsi youth to get married and raise families. It provides financial incentives and support to young Parsi couples who wish to marry and start families
• "Jiyo Parsi" offers counseling and medical assistance to couples facing fertility issues. It also supports family planning services to help couples with family planning decisions.
• The scheme conducts awareness campaigns and outreach programs to educate Parsi community members about the importance of family life, fertility, and raising children
• "Jiyo Parsi" collaborates with research institutions to gather data and conduct research on demographic trends and issues affecting the Parsi community.

VIENNA CONVENTION

 

1. Context

The Afghan Embassy said it was taking this step in the best interest of the people of Afghanistan. In accordance with Article 45 of the Vienna Convention on Diplomatic Relations (1961), all property and facilities of the Embassy will be transferred to the custodial authority of the host country, it said.

 

 

2. Vienna Convention

The Vienna Convention refers to a series of international treaties and conventions that were negotiated and adopted in Vienna, Austria, and cover various aspects of diplomatic relations, treaties, and international law.

One of the most well-known and important Vienna Conventions is the Vienna Convention on Diplomatic Relations, which was adopted in 1961.

3. Significance of the Vienna Convention

Vienna Convention on Diplomatic Relations (1961):

• The Vienna Convention on Diplomatic Relations is a treaty that sets out the framework for diplomatic relations between sovereign states.
• It was adopted on April 18, 1961, and entered into force on April 24, 1964.
• The convention codifies customary international law and establishes the rights and privileges of diplomats, diplomatic missions (embassies), and the host country.
• Key provisions include immunity of diplomats from arrest or prosecution, inviolability of diplomatic premises, the duty of the host country to protect diplomatic missions, and the freedom of communication between diplomats and their governments.
• The Vienna Convention on Diplomatic Relations has been ratified by a large majority of countries and is considered a cornerstone of modern diplomatic practice.

Vienna Convention on Consular Relations (1963):

• In addition to the diplomatic convention, there is also a Vienna Convention on Consular Relations, which was adopted in 1963.
• This convention addresses consular relations between countries, focusing on the rights and functions of consular officers, the protection of nationals in a foreign country, and access to and communication with nationals in detention

 

4. Way forward

Apart from the conventions mentioned above, there are other Vienna Conventions that cover various aspects of international law, such as treaties, the law of treaties between states and international organizations, and the law of treaties between states and international organizations or between international organizations

The Vienna Conventions are significant because they provide a comprehensive framework for diplomatic and consular relations, as well as the formation and interpretation of treaties. They have helped to codify and standardize international law in these areas, contributing to greater clarity and predictability in international relations.

 

 

 

Previous Year Questions   1.Which one of the following is the main objective of Vienna Convention and Montreal Protocol? (UPSC CAPF 2019) A.Combat desertification B.Formulate sustainable developmental goals C.Protection of ozone layer D.Combat climate change   Answer (C) 2.Vienna Convention is related to the: (OSSC WEO 2022) A.Reduction of persistent organic pollutants B.Reduction of Mercury Contamination C.Protection of Ozone Layer D.Reduction of Greenhouse Gases Answer (C)

 

Source: indianexpress

PRISON DEATHS

1. Context 

Recently, the Supreme Court Committee on Prison Reforms found that suicide is the leading cause of death among Indian prisoners, with Uttar Pradesh recording the highest number of suicides between 2017 and 2021. 

2. Classification of Prison Deaths

Prison deaths in India are categorized as either 'natural' or 'unnatural' based on the annual Prison Statistics India report by the National Crime Records Bureau (NCRB). This classification provides critical insights into the challenges within the prison system.

2.1. Natural Deaths

• The majority, nearly 90%, of prison deaths are categorized as 'natural.'
• These are attributed to factors such as ageing and illnesses, subcategorized by specific diseases or conditions such as heart-related issues, HIV, tuberculosis, and cancer.
• Notably, as the prison population grows, the number of natural deaths has seen an upward trend, increasing from 1,424 in 2016 to 1,879 in 2021.

2.2. Unnatural Deaths

'Unnatural' deaths within prisons encompass a diverse range of causes, including:

1. Suicide (resulting from methods like hanging, poisoning, self-inflicted injuries, drug overdose, electrocution, etc.)
2. Death due to incidents involving other inmates
3. Death resulting from assaults by individuals outside the prison
4. Deaths due to firearms
5. Deaths attributed to negligence or excessive actions
6. Accidental deaths can occur due to natural calamities like earthquakes, snakebites, drowning, accidental falls, burn injuries, and drug/alcohol consumption.

• The suicide rate among inmates is a matter of particular concern, with the Commonwealth Human Rights Initiative (CHRI) report revealing that it is more than twice that of the general population.
• Following suicides, the most common causes of unnatural deaths are categorized as "other" reasons or murders committed by fellow inmates.
• The NCRB data also sheds light on the socio-economic background of the inmate population.
• Notably, one in every three undertrial prisoners comes from a Scheduled Caste or Scheduled Tribe, and many lack the necessary education and financial means to secure bail.
• However, the caste or religious profile of individuals who died in custody remains undisclosed.

 

 

3. About NCRB

 

NCRB was set up under the Ministry of Home Affairs in 1986 to collect and analyse the data as defined by the Indian Penal Code (IPC) and Special and Local Laws (SLL). NCRB is headquartered in Delhi, it was set up under the recommendations of the National Police Commission and Task Force which is Under the Ministry of Home Affairs.

4. Issues with the Classification of Prison Deaths

• In a significant Supreme Court judgment, Justice M.B. Lokur raised concerns about the NCRB's unclear distinction between natural and unnatural deaths.
• This ambiguity becomes problematic when prisoners die due to a lack of proper medical attention, blurring the line between natural deaths due to illness and unnatural deaths due to negligence.
• During the pandemic, deaths due to COVID-19 were classified as 'natural' despite overcrowded prisons, inadequate medical staff, and insufficient care.
• Justice Lokur and others have highlighted that the issue of custodial deaths is intertwined with prison congestion, access to medical help, staff availability, and training.

4.1. Underutilization of Funds

• Only 5% of expenditure is allocated to medical facilities, per the PSI 2021 report.
• Between 2016 and 2021, allocated funds for inmate welfare were consistently underutilized.
• In states like Rajasthan, Madhya Pradesh, Punjab, and Maharashtra, less than ₹20,000 was spent per prison inmate in 2019-20.

In 2012, Pratap Kute died a month after entering jail due to tuberculosis. The lack of evidence regarding medical visits or health screenings at admission raises serious concerns. The refusal to transfer him to a hospital further reflects a lack of concern for his well-being.

 

5. Investigation of Custodial Deaths

• Investigating custodial deaths is critical for ensuring justice and accountability within the prison system.
• The National Crime Records Bureau (NCRB) has been mandated to report custodial deaths within 24 hours since 1993.
• However, disciplinary actions against erring officials are rare, with only one case reported between 2021-22.
• The National Human Rights Commission (NHRC) weakened the requirement for a judicial magistrate inquiry in cases of custodial deaths, impacting transparency and accountability.
• Scholars emphasize the importance of clear and reliable documentation, enhanced transparency, and accountability in the investigation process to differentiate between pre-existing conditions and those exacerbated by prison conditions.

6. Government Initiatives and Recommendations

• Recognizing their social obligation, the Supreme Court, in a 1996 judgment, outlined inmates' rights to healthcare.
• The Model Prison Manual of 2016 and the Mental Healthcare Act of 2017 emphasized the need for investment in healthcare facilities, mental health units, and training for officers.
• Recommendations include filling critical positions such as Prison Welfare Officers, Probation Officers, Psychologists, and Medical Staff.
• Staff shortages, with a lack of evenly distributed personnel, remain a concern.
• Recommendations also extend to providing inmates with telephones, access to reading materials, and strict checks on items to prevent suicides.

7. Conclusion

• Addressing prison deaths in India demands not only policy and procedural changes but also a shift in public and official mindsets towards prisoners.
• Recognizing prisoners' entitlement to humane treatment, healthcare, and protection is essential.
• Their well-being reflects society's commitment to justice and human rights.
• Urgent and sustained efforts are needed to minimize custodial deaths, ensure transparent investigations, and implement reforms that uphold the dignity and rights of those in custody.

For Prelims: National Crime Records Bureau, Model Prison Manual of 2016, Mental Healthcare Act of 2017, rights to healthcare, National Human Rights Commission, COVID-19, Commonwealth Human Rights Initiative,  For Mains:  1. Discuss the importance of transparent investigations and reforms in addressing custodial deaths in India. What measures can be taken to ensure accountability and justice within the prison system? (250 Words)

 

 

Previous Year Questions   1. With reference to India, consider the following statements: (UPSC CSE 2021)  1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right. 2. State Governments have their own Prisoners Release on Parole Rules. which of the statements given above is/are correct? A.1 only               B. 2 only        C. Both 1 and 2           D. Neither 1 nor 2   Answer: B   2. The National Human Rights Commission has: (UPSC CAPF 2015) 1. A chairperson who has been a Chief justice of Supreme Court or a High Court of India 2. one Member who is or has been a Judge of Supreme Court 3. one Member who is, or has been the Chief Justice of a High Court 4. two Members to be appointed from amongst persons having knowledge of or practical experience in matters relating to human rights Select the correct answer using the code given below: A. 1, 2, 3 and 4        B. 1, 2 and 3 only       C. 1 and 4 only          D. 2, 3 and 4 only   Answer: D   3. The Headquarter of the Commonwealth Human Rights Initiative (CHRI) is located at ______. (UP Police constable 2018)  A. London         B. Accra           C.  New Delhi            D.  Sydney   Answer: C

 

Source: The Hindu 

EMBASSIES AND HIGH COMMISSION

 

 

1. Context:

OVER TWO years after the Taliban captured Afghanistan and the Ashraf Ghani government collapsed the Afghanistan Embassy in New Delhi has said that it is ceasing its operations from Sunday (October 1), citing “lack of support from the host government”, failure to “meet expectations… to serve the best interests of Afghanistan”, and paucity of resources and personnel.

 

2. Why Afghanistan Embassy Has Closed Its Operations In India?

 

• “It is with profound sadness, regret and disappointment that the Embassy of Afghanistan in New Delhi announces this decision to cease its operations,” the Afghanistan Embassy said in a statement
• It said the decision was taken after careful consideration, taking into account the historic ties and longstanding partnership between Afghanistan and India. Listing the primary reasons for the “unfortunate closure”, it alleged “lack of support from the host government” which, it said, hindered its ability to carry out duties effectively.
• "We acknowledge our shortcomings in meeting the expectations and requirements necessary to serve the best interests of Afghanistan and its citizens due to the lack of diplomatic support in India and the absence of a legitimate functioning government in Kabul"
• The Afghan Embassy said it was taking this step in the best interest of the people of Afghanistan.
• In accordance with Article 45 of the Vienna Convention on Diplomatic Relations (1961), all property and facilities of the Embassy will be transferred to the custodial authority of the host country

 

3. A diplomatic mission or foreign mission

A diplomatic mission or foreign mission is a group of people from a state or organization present in another state to represent the sending state or organization officially in the receiving or host state.

In practice, the phrase usually denotes an embassy or high commission, which is the main office of a country's diplomatic representatives to another country; it is usually, but not necessarily, based in the receiving state's capital city.

Key Aspects:

• The primary role of a diplomatic mission is to represent the sending country's government and its interests in the host country. This representation extends to both the host country's government and its citizens
• Diplomatic missions engage in diplomacy to promote and protect their country's interests. This involves negotiations, discussions, and dialogues with the host country's government to address issues such as trade, security, human rights, and more
• Diplomatic missions serve as a channel for communication between the sending country and the host country. They convey official messages, requests, and information, ensuring that both nations are informed about each other's positions and concerns.
• Diplomatic missions provide consular services to their citizens residing in or visiting the host country.
• This includes issuing passports, visas, and providing assistance in emergencies, such as during natural disasters or accidents.
• Diplomatic missions often work to promote cultural exchanges, trade, and economic cooperation between the sending and host countries. They may organize cultural events, trade missions, and business meetings to foster stronger ties

4.What is Embassy?

An embassy is a specific type of diplomatic mission or foreign mission that serves as the principal representation of one country's government in another sovereign nation. Embassies are established in foreign capitals and are typically the most significant and official diplomatic presence that a country has in a foreign country

Key Features:

Diplomatic Representation: The primary purpose of an embassy is to represent the sending country's government and its interests in the host country. It serves as the official point of contact between the two nations.

Ambassador: An ambassador is the highest-ranking diplomat in an embassy. They are appointed by the sending country's government and serve as the official representative, responsible for managing diplomatic relations and negotiations with the host country.

Consular Services: Embassies provide a range of consular services to their citizens who are living in or visiting the host country. These services may include issuing passports, visas, and providing assistance during emergencies or legal matters

Diplomatic Functions: Embassies engage in diplomatic activities, such as negotiating agreements, treaties, and trade deals, as well as promoting cultural exchanges and cooperation in various fields.

Security: Embassies are responsible for the safety and security of their diplomatic staff and facilities. They work closely with the host country's authorities to ensure the safety of diplomats and their families.

Ceremonial and Protocol Functions: Embassies are involved in various ceremonial functions and protocol activities, including hosting state visits, official receptions, and national day celebrations, to maintain proper diplomatic etiquette.

Conflict Resolution and Negotiation: Diplomats at embassies engage in negotiations to resolve disputes and conflicts diplomatically. They work to find peaceful solutions to disagreements between the two nations.

Reporting to Home Country: Embassy staff regularly report to their home country on developments in the host country, including political changes, economic trends, and significant events. These reports help shape foreign policy decisions

 

5. What is Consulate?

A consulate is a type of diplomatic mission or foreign mission established by a country in a foreign city or region to provide various services to its citizens living in or visiting that area. While consulates are an essential part of a country's diplomatic representation abroad, they differ from embassies in terms of their functions and scope

 

Key features:

Consular Services: The primary function of a consulate is to provide consular services to the citizens of the sending country who are located within its jurisdiction.

These services include issuing passports, visas, and travel documents, as well as providing assistance during emergencies, such as accidents, illnesses, or legal issues. Consulates can also assist with births, deaths, and marriages of their citizens abroad

Visa Issuance: Consulates often handle visa applications and processing for foreigners who wish to visit or travel to the sending country. They assess visa applications, conduct interviews, and issue visas based on the country's immigration policies and regulations

Legal and Judicial Assistance: In some cases, consulates can assist their citizens with legal matters, such as providing information on local legal procedures, facilitating communication with local attorneys, and offering guidance on legal issues.

 

6.What is the difference between Embassies and High Commissions?

 

The main difference between embassies and high commissions is that the term "high commission" is used exclusively within the context of the Commonwealth of Nations, which is an association of countries that were formerly part of the British Empire. In Commonwealth countries, high commissions serve the same diplomatic and representational functions as embassies but have a distinct name to reflect the shared historical and political ties among member states.

 

Embassy	High Commission
An embassy is established by a sovereign state in the capital city of another sovereign state.	A high commission is established by a Commonwealth country (a country that is a member of the Commonwealth of Nations) in another Commonwealth country
It represents the diplomatic presence of one country's government in the capital city of another country	It serves the same function as an embassy but carries a different name due to historical and Commonwealth-related distinctions
The head of an embassy is called an ambassador.	The head of a high commission is called a high commissioner, which is equivalent in function to an ambassador.
Embassies are typically used when two sovereign states with different governments are involved. For example, if the United States establishes a diplomatic mission in France, it would be called the "Embassy of the United States in Paris."	High commissions are used when a Commonwealth country establishes a diplomatic mission in another Commonwealth country. For example, if Canada establishes a diplomatic mission in the United Kingdom, it would be called the "High Commission of Canada in London."

 

7. What are the Key Differences Between a Consulate and an Embassy?

Consulates and embassies are both types of diplomatic missions, but they have distinct differences in terms of their functions, roles, and the services they provide

Consulate	Embassy
An embassy is typically located in the capital city of a foreign country. It serves as the primary diplomatic representation of one country in another.	A consulate is often located in major cities or regions within a foreign country. Consulates have specific jurisdictions, and there may be multiple consulates in one host country, each covering a designated geographic area
The head of an embassy is known as an ambassador. Ambassadors are typically the highest-ranking diplomats and represent the sending country's government at the highest level.	The head of a consulate is referred to as a consul or consul general. While consuls hold important diplomatic roles, they generally have a lower rank than ambassadors and may not have the same level of political influence
Embassies have a broader range of functions. They serve as the primary point of contact for diplomatic relations between countries, engage in negotiations and diplomacy, and often handle political and policy matters.	Consulates primarily focus on providing consular services to the citizens of the sending country who are living in or visiting the host country. This includes issuing passports, visas, and assisting with legal and emergency matters. They also engage in cultural, economic, and trade promotion to a lesser extent
Embassies may handle visa matters in some cases, especially for diplomatic and official visas. However, visa processing is not their primary function.	Consulates are often responsible for visa processing, including handling applications, conducting interviews, and issuing visas for foreign nationals who wish to visit or travel to the sending country.
Embassies play a significant role in gathering information about the host country's political, economic, and social developments and reporting back to their government.	While consulates may report on certain local developments, their primary focus is on consular services and assistance

 

 

8. Vienna Convention

The Vienna Convention refers to a series of international treaties and conventions that were negotiated and adopted in Vienna, Austria, and cover various aspects of diplomatic relations, treaties, and international law. One of the most well-known and important Vienna Conventions is the Vienna Convention on Diplomatic Relations, which was adopted in 1961

The Convention sets out the rights and obligations of sending and receiving states in relation to diplomatic missions.

It covers a wide range of topics, including the establishment of diplomatic relations, the appointment and accreditation of diplomatic agents, the functions and privileges and immunities of diplomatic missions, and the termination of diplomatic relations.

 

 

For Prelims: Current events of national and international importance For Mains: General Studies II: Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora

 

Previous Year Questions   1.Which one of the following is the main objective of Vienna Convention and Montreal Protocol? (UPSC CAPF 2019) A.Combat desertification B.Formulate sustainable developmental goals C.Protection of ozone layer D.Combat climate change   Answer (C) 2.Vienna Convention is related to the: (OSSC WEO 2022) A.Reduction of persistent organic pollutants B.Reduction of Mercury Contamination C.Protection of Ozone Layer D.Reduction of Greenhouse Gases Answer (C)

 

Source: indianexpress