Why a 2014 Arunachal Pradesh law is facing opposition, legal challenge

 

The APUAPA was notified in 2014 “to provide for more effective prevention of certain unlawful activities of individuals and associations.”

A legislation enacted in Arunachal Pradesh in 2014, the Arunachal Pradesh Unlawful Activities (Prevention) Act (APUAPA), is currently under the scanner, with civil society organisations demanding its repeal and a petition challenging it before the Itanagar bench of the Gauhati High Court.

What is the APUAPA?

The APUAPA was notified in 2014 “to provide for more effective prevention of certain unlawful activities of individuals and associations.” It enables the state government or any official not below the rank of a Secretary to the State Government or a District Magistrate to make on order for detaining certain categories of people to prevent them from “acting in any manner prejudicial to the security of the State, or maintenance of public order or maintenance of daily supplies and services essential to the public”.

These categories of people include “any person who is bootlegger, habitual depredator of environment, habitual drug offender, property grabber, dangerous persons, unlawful persons associated with unlawful activities”

The Act defines public order as having been affected adversely as “directly or indirectly causing or is likely to cause any harm, danger or alarm or feeling of insecurity among the general public or any section thereof or a grave or widespread danger to life, property or public health.”

Within three weeks of detention, the matter is to be placed before an advisory board which will give its opinion on whether there is sufficient cause for detention of an individual. If its opinion is that there is sufficient cause, a person can be detained for up to six months under the act.

What prompted the current focus on this Act?

The Act suddenly drew attention last month when 41 people were booked and detained under it after a call was issued for a 72-hour bandh in various districts of the state from May 10 to 12. These included prominent anti-corruption activist Sol Dodum, Aam Aadmi Party’s Arunachal Pradesh convener Tana TamThe bandh call had been issued in protest against the 2022 Arunachal Pradesh Public Service Commission paper leak case in which 42 government employees have been arrested so far. The protest call was to demand the implementation of 13-point charter of demands, including declaring all examinations conducted by the APPSC where anomalies were found as “null and void”. Thirty people had been detained under the APUAPA on May 9 and 10 even before the bandh commenced. Eighteen of them were released on May 29, while the remaining were released last week.ar Tara, and Chairman of Pro-Dam Movement of Arunachal Pradesh Taw Paul.

Was this the first time the APUAPA was invoked?

According to lawyer Ebo Milli, while the Act has been invoked in the past, the mass detentions under it in this case drew the attention of a population among which awareness on this Act had been limited so far.

“They did use APUAPA earlier too but not on such a scale. The reason there has been a huge outcry this time is that those detained were vocal about a fair probe into the APSC fiasco. Many people became aware of the APUAPA only after the current detentions,” Milli said. What are the grounds on which it is being opposed?

Activist Gyadi Paying has filed a petition challenging the constitutional validity of the Act and seeking its abolition. Among the grounds on which this is being sought is that it does not allow a detainee legal representation before the advisory board deliberating on their case, which, the petition states, is a violation of fundamental rights.

The petition also points to a clause of the Act in which if the officer making the detention order has reason to believe that the person for whom the order has been made is absconding, they may apply provisions of the CrPC attaching the person’s property. This, the petition states, amounts to “illegal encroachment beyond the jurisdiction of a district magistrate”.

The Arunachal Law Students’ Union has also demanded its repeal, calling it draconian and arbitrary.“This Act talks about violation of environmental issues, drugs smugglers, property destruction, obstruction of daily necessities, etc. which are already covered under IPC and other laws. Why does the government need extra power when these violators can be booked under given laws?” said Mill

Written by Sukrita Baruah

Source: Indian Express, 14/06/23

Quote of the Day June 13, 2023

 

“It is not length of life, but depth of life, which is important.”
Ralph Waldo Emerson

“लम्बी आयु का महत्त्व नहीं है जितना महत्त्व इसकी गहनता है।”
राल्फ वाल्डो एमर्सन

Current Affairs- June 11, 2023

 

INDIA

• G-20 development ministers’ meet begins in Varanasi.
• Odisha Police destroy 2.2 lakh kg of marijuana in the state, after a special drive.
• Centre sets up panel in Manipur to further peace-making process.
• Indian Navy showcases twin-carrier operations in a major upgrade to maritime security.
• CAG to host SAI20 Summit under India’s G20 Presidency in Goa.

ECONOMY & CORPORATE

• Power ministry has asked Central Electricity Regulatory Authority (CERC) to initiate the process of coupling multiple power exchanges.
• Centre announces four important initiatives to strengthen over 1,500 Urban Co-operative Banks

WORLD

• The four Indigenous children lost for 40 days in Colombian Amazon were found.
• Pakistan proposes Budget, with funds to fight climate change.
• China plans to restrict use of mobile file-sharing services AirDrops and Bluetooth.

SPORTS

• Olympic medallist Sakshi Malik said that the wrestlers will participate in the upcoming Asian Games only if their ongoing issues are resolved.
• Hockey: India records 1-0 win over host Japan and entered the final of the Women’s Junior Asia Cup.
• Ravindra Jadeja surpassed Bishan Singh Bedi to become the country’s most successful left-arm spinner in Tests.
• Rohit Sharma has become the third Indian opener to cross 13,000 runs across formats.

Ignoring Red Lines: Violence Against Health Care in Conflict 2022

 A report titled “Ignoring Red Lines: Violence Against Health Care in Conflict 2022” was released recently by the Safeguarding Health in Conflict Coalition (SHCC). It revealed that the incidence of violence against healthcare workers in Mali increased by more than two-fold in 2022 in comparison to the previous year, 2021. A staggering total of 46 such incidents were identified, highlighting the heightened risks faced by those on the front lines of medical services.

lobal Insights: A Wider Perspective on Violence in Conflict Zones

The SHCC’s report extended beyond Mali, documenting 1,989 attacks and threats against healthcare facilities and personnel across 32 countries and territories plagued by armed conflict and political instability in 2022. Among these nations, Ukraine and Myanmar reported the highest number of attacks on healthcare infrastructure and personnel, underscoring the dire situation faced by healthcare workers worldwide.

Trends and Challenges: Understanding the Impact

According to the report, there was an overall increase in reported incidents of violence against healthcare in conflict zones in 2022 compared to 2021. While violence decreased in some regions like the Central African Republic, Ethiopia, and Syria, it rose in countries across West and Central Africa, including Mali. This highlights the complex challenges faced by healthcare workers in regions grappling with ongoing conflicts and instability.

Mali’s Troubled Regions: Kidnappings and Looting

The Mopti region in Mali witnessed a distressing number of health worker kidnappings, with at least 26 healthcare professionals abducted in 11 incidents while traveling to or from work, non-profit bases, or remote areas to provide vital healthcare services. Additionally, regions such as Gao, Mopti, Sikasso, and Tombouctou experienced frequent looting of essential medicine supplies and equipment. Armed groups targeted health centers and communities, exacerbating the limited availability of healthcare services in these areas.

Consequences on Research and Activities

The impact of violence against health workers extends beyond immediate risks and physical harm. The SHCC report highlighted how international non-profit organizations suspended planned activities, including crucial research and health surveys aimed at identifying disease prevalence. The difficulties in conducting research and surveys due to violence not only hinder public health policies but also impede the provision of targeted healthcare services to vulnerable populations.

District Good Governance Index (DGGI) of Arunachal Pradesh

 The District Good Governance Index (DGGI) has emerged as a significant tool in assessing and benchmarking governance at the district level in India. Arunachal Pradesh, a state in the northeast region, has implemented this innovative approach to evaluate the effectiveness of governance in its 25 districts

DGGI: A Path to Next-Generation Administrative Reforms

The District Good Governance Index, is a comprehensive assessment developed jointly by the Department of Administrative Reforms and Public Grievances (DARPG) and the Government of Arunachal Pradesh. This index signifies a leap towards next-generation administrative reforms by providing a standardized framework for evaluating governance practices.

Arunachal Pradesh’s Leading Role

Arunachal Pradesh has taken the lead in embracing the DGGI as the first state in the northeast region to implement this initiative. The index benchmarks governance across the state’s 25 districts, covering various sectors and indicators, with a total of 65 indicators used to assess the districts’ performance.

Ranking and Divisions

The districts of Arunachal Pradesh have been categorized into three divisions: East, West, and Central. This division-wise ranking enables a better understanding of the governance landscape within the state and facilitates targeted interventions to address specific challenges and gaps.

Promoting Effective Governance

The District Good Governance Index serves as a valuable tool for providing guidance to the state government and district administration in addressing existing gaps and formulating strategies for improvement. By promoting healthy competition among districts, the index fosters a citizen-centric approach to administration and encourages good governance practices.

Enhancing Decision-Making

The DGGI’s comprehensive assessment enables decision-makers to make informed choices by analyzing the performance of districts across multiple sectors. It facilitates evidence-based decision-making, aiding policymakers in developing effective strategies and interventions to bridge gaps and improve governance outcomes.

Current Affairs-June 12, 2023

 

INDIA

• Indian Railways conducts first trail run of Patna-Ranchi Vande Bharat Express train.
• A celt, belonging to the neolithic period, was discovered in Poothinatham village in Dharmapuri, Tamil Nadu.
• Indian Air Force (IAF) and Army carry out joint exercise in the central sector.
• Prime Minister Narendra Modi inaugurated the first National Training Conclave in New Delhi
• Nitin Agarwal, a 1989-batch IPS officer of Kerala cadre, was appointed the new Director-General of the Border Security Force (BSF).
• Two-day national conference of tribal writers held in Jammu and Kashmir.

ECONOMY & CORPORATE

• India leads global digital payments with 89.5 million transactions in 2022
• Foreign investors pump in nearly Rs 10,000 crores into Indian equities markets in 1st two weeks of June.
• Government asks imported coal-based power plants to operate at full capacity till September.

WORLD

• The Union Government releases ₹1.2 trillion as third tranche of tax devolution to states.
• Philippines’ Mayon volcano spews lava down in a mild eruption.
• Iraq approves record USD 153bn budget aimed at creating jobs.
• A magnitude 6.2 earthquake struck Japan’s northernmost main island of Hokkaido in Japan.

SPORTS

• Novak Djokovic created history on Sunday when he won a record-breaking 23rd Grand Slam title.
• Australia secures its ninth ICC title in men’s cricket; Australia is the only team to win an ICC title in all three formats.
• India clinched its maiden Women’s Junior Hockey Asia Cup title.

How technology can help India’s urban centres become disabled friendly

 

Creating a fully inclusive and accessible India will require behavioural changes, capacity building, investments in accessible infrastructure and inclusive and accessible innovations. This will help inform policies and systems for the country's progress towards an equitable urban future.

Persons with disabilities face many challenges in participating fully in urban life. An enabling environment, with inclusive infrastructure, is needed to allow them the same opportunities to enjoy cultural, economic, and social life as non-disabled persons. This includes things many of us take for granted, like the freedom to move independently and access places of work, education and sports.

Take, for instance, Manasi Joshi, a para-badminton player, who underwent a double leg amputation following a road accident at age 22. Her strong will and determination were complemented by an accessible built environment and the availability of assistive technology. These not only helped her overcome obstacles she faced in everyday tasks, but also encouraged her to realise her dream of playing professional badminton, which she now competes in at the highest international level. While everyone cannot be a world champion, removing barriers can give us all the chance to reach our full potential.

Two mega-trends make the need for inclusive cities increasingly urgent. First, India is urbanising rapidly and is projected to add four new megacities by 2030. The country’s urban population is estimated to cross 675 million. According to the 2011 Census, one in three persons with disabilities in India or roughly eight million people already live in cities. Second, the number of persons with recognised disabilities as a share of the population could rise due to disaster and climate risks, demographic changes and broader definitions of disability in line with global norms.

One powerful solution to these challenges lies in innovative technology and ICT. These are key to ensuring an inclusive urban transformation and essential for improving and increasing the quality of life of all citizens. Nowhere is this more evident than in India, where a world-class digital governance system and dynamic tech sector are converging to deliver inclusive prosperity and resilience. This spirit of solidarity and inclusivity is reflected in India’s G20 presidency theme of One Earth, One Family and One Future.

Innovations that promote inclusivity are often perceived as unprofitable by investors. Here, the role of the state becomes critical for promoting an ecosystem for transformative technologies, especially where the return on investment may be difficult to measure.

To enhance the ecosystem for assistive technology and inclusive solutions, the National Institute of Urban Affairs (NIUA) in partnership with the UN in India hosted the first edition of the Smart Solutions Challenge and Inclusive Cities Awards in 2022. It helped in crowd-sourcing tech-based solutions and innovations for addressing city-level accessibility and inclusion challenges.

Smart cities like Bhubaneswar have deployed innovative transport and mobility solutions, showcasing how technology is being leveraged by cities to improve the lives of vulnerable communities. Several solutions and assistive technologies such as Fifth Sense, IncluMaps, AxcessAble and myUDAAN are supporting independent living for persons with disabilities. Initiatives like these and many others have the potential to help cities localise innovations for inclusive urbanisation. Many of these solutions have utilised frontier technologies like AI and machine learning extensively to contextualise solutions.

This is reflected in the Government of India’s development agenda and the globally agreed SDG targets on harnessing and maximising the potential of technological innovations and entrepreneurship. As part of its G20 Presidency, India has initiated the Start-up 20 Engagement Group to provide a global platform to enable the start-up ecosystem across the member nations. The Ministry of Electronics and Information Technology has also launched the G20 Digital Innovation Alliance’ (G20-DIA) to showcase innovative solutions and create an alliance of players in the innovation ecosystem. And ‘Catalysing Digital Urban Futures’, one of the priority themes for Urban-20 Engagement Group under G20, seeks to discuss how data and technology can be best utilised for making city management more effective and inclusive.

Creating an inclusive and accessible India will require behavioural changes, capacity building, investments in accessible infrastructure and inclusive and accessible innovations. This will help inform policies for the country’s progress towards an equitable urban future as envisioned for the Amrit Kaal — an inclusive, accessible, safe, resilient, and sustainable India@2047. Many more people like Manasi Joshi will be empowered to make the country proud, and all of India will benefit from a society that employs its full range of talent.

Written by Shombi Sharp, Hitesh Vaidya

Source: Indian Express, 12/06/23