Kozhikode-City of Literature and Gwalior- City of Music, Unemployment and Indian Economy, 16th Finance Commission (FC) and Cities

(General Studies II – Structure, Organization and Functioning of the Executive and the Judiciary—Ministries and Departments of the Government)

• On July 1, 2024, India overhauled its criminal justice system by introducing three new laws: the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Abhiyan (BSA).
• These replace the colonial-era Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act, aiming to modernize the justice system with a focus on contemporary societal needs and technological advancements in police investigations and court procedures.

Key Changes and New Provisions –

Bharatiya Nyaya Sanhita (BNS):

• Clause 69: Penalizes sexual intercourse obtained through deceitful means, including false promises of employment, inducement, or marriage after suppressing identity, with up to 10 years of imprisonment.
• Organized Crime and Terror: Incorporates offences from the Unlawful Activities Prevention Act (UAPA), covering activities like kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offences, and cyber-crimes.

Bharatiya Nagarik Suraksha Sanhita (BNSS):

• Extended Police Custody: Increases the detention period from the previous 15-day limit to up to 90 days.
• Victim-Centric Approach: Ensures victims of crimes punishable by seven years or more are heard before the withdrawal of the case by the government.
• Trials in Absentia: Allows for the trial and conviction of an accused person in their absence.
• Statutory Bail Removal: Removes the provision for statutory bail if an accused has multiple offences against their name.

Bharatiya Sakshya Abhiyan (BSA):

• Expanded Definition of Document: Recognizes digital and electronic records as primary evidence with the same legal effect as other documents.
• Expanded Scope of Secondary Evidence: Includes additional categories such as oral admissions and written submissions.
• Confessional Admissions: Modifies the need for confessional admissions, making confessions by an accused person irrelevant in criminal proceedings.

Positive Impacts:

• Reformative Justice: Emphasizes community service as an alternative to imprisonment.
• Modernization: Updates the outdated IPC of 1860 to reflect modern criminal jurisprudence.
• Protection for Minor Wives: Defines sexual intercourse with a minor wife as rape.
• Inclusion of Mob-Lynching Offences: Acknowledges and criminalizes hate crimes such as mob lynching.
• Exclusion of Section 377: Omits the contentious section of the IPC that criminalized “carnal intercourse against the order of nature.”
• Technological Integration: Emphasizes video conferencing for trials and sets timelines for speedy trials to improve justice delivery.

Limitations and Concerns:

• Hasty Implementation: The laws were passed quickly, with limited consultation and debate, particularly during the pandemic.
• Overlapping Legislation: Some provisions overlap with existing special laws such as the Food Safety & Security Act and the Motor Vehicles Act, necessitating rationalization.
• Reintroduction of Sedition: Although the government claimed to abolish sedition, the BNS reintroduces it with a broader definition.
• Gender-Neutrality in Rape Laws: Laws do not address the need for gender-neutral rape laws, leaving male victims of sexual assault without recourse.
• Police Empowerment: Provisions like extended police custody may empower the police at the citizen’s disadvantage.

Way Forward:

• Deliberation and Discussion: More inclusive discussions involving various stakeholders are necessary.
• Gender-Neutral Laws: Updating laws to be inclusive and gender-neutral is essential.
• Rationalizing Overlapping Laws: Address and harmonize laws that overlap with the new criminal codes.
• Comprehensive Training: Adequate training for police, legal fraternity, and judiciary to adapt to the new laws.
• Continued Reform: Ongoing reforms to address contemporary challenges and uphold principles of justice, equity, and human rights.

The introduction of the BNS, BNSS, and BSA marks a significant shift towards modernizing India’s criminal justice system. While the new laws promise to bring about a more justice-focused approach, their success will largely depend on effective implementation and continuous refinement. The journey towards a more equitable and efficient justice system is ongoing, and these reforms are a crucial step in that direction.

UNESCO Creative Cities Network (UCCN)

• CCN was created in 2004 by UNESCO.
• Aims to “promote cooperation among cities that recognise creativity as a strategic factor in urban development”
• Supports Sustainable Development Goal 11: Sustainable Cities and Communities
• Creative Cities’ status to cities globally based on their cultural contributions and traditions in design, film, literature, music, and folk-art categories.
• Jaipur: Crafts and Folk Arts (2015), Varanasi: Music (2015), Chennai: Music (2017), Mumbai: Film (2019), Hyderabad: Gastronomy (2019), Srinagar: Crafts and Folk Arts (2021)

• At the 16th annual UNESCO Creative Cities Network (UCCN) conference in Braga, Portugal, Kozhikode was awarded the title of “City of Literature” and Gwalior the title of “City of Music,” both cities will present their traditions and cultures.
• The annual conference provides member cities with a platform to share knowledge, experiences, and best practices for building sustainable communities.
• Kozhikode and Gwalior are now among the 350 UNESCO Creative Cities worldwide.
• The conference’s theme is “Bringing Youth to the Table for the Next Decade.”
• Kozhikode:
• Kozhikode is the first city in India to receive this honour.
• The city has produced notable talents across various cultural spheres with contributions from renowned writers and two Jnanpith winners playing a significant role in achieving this prestigious status.
• Kozhikode’s achievement, surpassing Kolkata’s richer literary tradition, was made possible by the local administration’s effective planning and preparation.
• The Anakkulam Cultural Centre will serve as the ‘City of Literature Centre.’
• Gwalior:
• Gwalior is renowned for its strong commitment to culture and creativity since the time of the Mughal dynasty.
• The Gwalior Gharana is known as the melodic heart of India.
• It has produced legends such as Ramtanu Pandey (Mian Tansen), Ustad Nathan Pir Baksh, Ustad Nathu Khan, and Bhaiya Ganpatrao Shinde, a pioneer of solo harmonium playing.
• As the epicentre of a distinctive music style, Gwalior has achieved high prestige. However, the journey to becoming the city of music is ongoing.

Dig Deeper: Read about the World Crafts Council.

• The Kerala government informed the Kerala High Court that the Governor, the Chancellor of universities, has no power to unilaterally constitute search-cum-selection committees for appointment of Vice-Chancellors for six State-run universities.
• State public universities are established through laws passed by state legislatures.

• Governor’s discretion in his capacity as Chancellor
• In 1997, the Supreme Court held that the Governor was not bound by the aid and advice of the Council of Ministers while discharging duties of a separate statutory office such as the Chancellor. 
• The Sarkaria and Punchi Commission concurred that while discharging statutory functions, the Governor is not legally bound by the aid and advice of the Council of Ministers.
• Appointment of Vice Chancellors of state universities as per UGC Regulations, 2018:
• Appointees must have the highest level of competence, integrity, morality, and institutional commitment.
• Selection should involve a Search Committee identifying a panel of 3-5 candidates through public notification, nomination, or a talent search process, or a combination thereof.
• The Search Committee’s composition should align with the relevant university’s laws/statutes.
• The Chancellor appoints the Vice-Chancellor from the Search Committee’s recommended panel.
• Candidates should be distinguished academics with at least ten years of experience as a professor or in an equivalent position in a renowned research/academic administrative organization.
• In case of conflict between the State University Act and UGC Regulations, 2018, the UGC Regulations shall prevail as per Article 254(1) of the Indian Constitution.

Dig Deeper: Read about the discretionary powers of the Governor under the Constitution.

• Despite an 8% GDP growth last year, it has not proportionally translated into job creation.
• Although the unemployment rate for people aged 15 and above dropped from 4.2% in 2021 to 3.1% in 2023, Wealth inequality has worsened, with 1% of the population owning 40% of the wealth, creating a “K-shaped” economy.
• GDP growth in 2023-24 was 8.2%, up from 7% in 2022-23, achieved through a significant budget deficit for capital expenditure rather than structural investments in key sectors.
• In agriculture, 92% of jobs are in the unorganized sector, and in industry and services, 73% of jobs are in the small- and medium-informal sectors.
• The government and formal private sector account for only 27% of jobs.
• A cohesive majority in Parliament and effective economic leadership are essential for future growth.

Dig Deeper: Read about the latest quarterly PLFS report for unemployment data.

• The 16^th Finance Commission has begun its work under Article 280 of the Indian Constitution, focusing on the devolution of the consolidated fund.
• Since the 73rd and 74th constitutional amendments, local bodies have gained significant recognition, mandating the FC to recommend measures to augment state-consolidated funds for supporting panchayats and municipalities.
• Importance of Cities:
• The National Commission on Urbanisation described cities as “engines of growth,” contributing around 66% of India’s GDP and 90% of total government revenues.
• Despite this, financial devolution to cities remains inadequate, with the World Bank estimating $840 billion needed for urban infrastructure in the next decade.
• Intergovernmental transfers (IGTs) to Urban Local Bodies (ULBs) in India are about 0.5% of GDP, much lower than other developing nations (e.g., South Africa 2.6%, Mexico 1.6%, Philippines 2.5%, Brazil 5.1%).
• IGTs, making up about 40% of ULBs’ total revenue, face issues regarding predictability, earmarking for vulnerable groups, and horizontal equity.
• The introduction of the Goods and Services Tax (GST) has reduced ULBs’ tax revenue (excluding property tax) from about 23% in 2012-13 to around 9% in 2017-18.

Dig Deeper: Read about the terms of reference of the 16^th Finance Commission and its constitutional mandate.