Defection: An Enemy of Political Stability in India, Juvenile Justice System, Neurorights

(General Studies II – Polity Section – Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.

– Structure, Organization and Functioning of the Executive and the Judiciary—Ministries and Departments of the Government; Pressure Groups and Formal/Informal Associations and their Role in the Polity.)

• Defection refers to switching political allegiance, particularly when a member of a political party leaves the party and joins another party or becomes independent.
• In subsequent elections, many defectors not only won, but also got ministerial berth, hence it becomes necessary to question the effectiveness of Anti-Defection Law.
  

Effects of Defection on Governance –

• Disruption of Government Functioning: defection has led to governmental instability, as seen in the era of the “Aaya Ram, Gaya Ram” slogan, where frequent party-switching hindered effective governance.
• Encouraging Unethical Practices: Defection fosters unethical practices like horse-trading, where legislators are traded or bribed to switch sides, undermining the democratic process. Ex. Infamous Maharashtra Assembly
• Policy Paralysis: instability in politics hampers effective policies and decision making. It is evident in the Indian politics during 1990s.
• Rampant corruption: Defection fosters opportune politics and short sightedness of politicians compels officers to extort money from businesses and general public. Ex Sachin vaje case in Mumbai.
• Erodes Accountability in Governance: Defection bypasses accountability in governance, this reduces trust of public offices.
  

Measures taken to curb Defection –

• Anti-Defection Law was enacted as Tenth Schedule of the Constitution via 52^nd Amendment Act, 1985. It contains provisions related to the disqualification of Members of Parliament (MPs) and Members of State Legislatures (MLAs) on the grounds of defection.
• 91^st Constitutional Amendment Act, 2003 which says “A member of either House of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister”.

These measures were taken to curb the defection and foster Stability in politics, effective and accountable governance and embolden the faith in democratic electoral politics. However, it has gained little or no success and proved to be ineffective over the decades.

Ineffectiveness of measures taken –

• This law fails to distinguish between dissent and defection. This, in turn, has the effect of curbing the legislator’s right to dissent and freedom of conscience.
• It bans individual defection but allows group defection through a merger. This distinction seems irrational.
• It does not provide for the expulsion of a legislator from his/her party for his/her activities outside the legislature.
• Its discrimination between an independent member and a nominated member is illogical. If the former joins a party, he/she is disqualified while the latter is allowed to do the same.
• Its vesting of decision-making authority in the Presiding Officer is criticized on the following two grounds:
• He/she may not exercise this authority in an impartial and objective manner due to political exigencies.
• He/she might lack the legal knowledge and experience to adjudicate the cases.
  

Way Forward –

• Clarify Legal Framework: Amend the anti-defection law to include clear definitions and guidelines for handling intra-party dissent and factional splits.
• Time-Bound Resolution: Establish specific timelines within the law for adjudicators to resolve anti-defection cases.
• Strengthen Inner-Party Democracy: Encourage political parties to enhance internal democratic processes to prevent defections driven by dissatisfaction within party ranks.
• Training for Adjudicators: Provide training and guidance to Speakers and other adjudicators tasked with interpreting and applying the anti-defection law.
• Public Discourse and Awareness: Foster public discourse and awareness regarding the implications of defection on democratic principles and governance that can help create pressure for reforms and hold elected representatives accountable for their actions.
  

Indian Constitution aims for democratic stability by curbing political defections. Despite its importance, challenges such as restricting legislators’ freedom and procedural issues underscore the necessity for reforms. Inspired by international experiences, proposed steps aim to balance stability and accountability. The law must evolve to remain relevant in India’s dynamic political landscape, ensuring a robust democracy.

• Play is universal, transcending national, cultural, and socio-economic boundaries.
• According to UNICEF, play is vital for children to build social connections, develop physical and mental health, and enhance creativity.
• Article 31 of the United Nations Convention on the Rights of the Child says, the right to play underscores its significance for a child’s well-being and development.
• Recognizing its importance, the United Nations declared June 11, 2024, as the International Day of Play.
• The ‘Value of Play’ report by The Real Play Coalition reveals that globally, one in five children lacks time to play, and one in ten gets no outdoor play.
• UNICEF’s Children’s Climate Risk Index (CCRI) 2021 ranks India 26th out of 163 countries for children most at climate risk.
  

Dig Deeper: Read about International Labour Organisation’s conventions related to child rights like 138, 182 etc.

• In May 2024, a speeding car driven by a teenager killed two young techies in Pune.
• The Bombay High Court directed the release of the accused teenager, citing due procedure under the Juvenile Justice (Care and Protection of Children) Act, 2015.

• The Juvenile Justice Act allows adolescents above 16 to be tried as adults for “heinous” offences (minimum punishment of seven years or more).
• Drunken driving-related offences like culpable homicide and causing death by negligence are not classified as “heinous” as they lack a minimum punishment.
• The Juvenile Justice Board conducts preliminary assessments for adolescents accused of “heinous” offences to decide if they should be tried as adults.
• The 2021 amendment categorises offences with no minimum sentence but a maximum of more than seven years as “serious,” not warranting transfer to the adult criminal justice system.
• Juvenile Justice Board
• The Juvenile Justice Board (JJB), established under the Juvenile Justice (Care and Protection of Children) Act, 2015 in India, addresses cases involving juveniles (under 18 years) who commit offences.
• Comprising a Metropolitan or Judicial Magistrate and two social workers, including a woman.
• It follows a child-centric, non-penal approach, emphasizing education, vocational training, and counselling.
• Juveniles have the right to legal representation, and probation or child welfare officers assist in their rehabilitation.
• It maintains confidential records to protect juveniles’ identities.
• Collaboration with NGOs and Child Welfare Committees.

Dig Deeper: What are children in conflict with law and children in need of care and protection?

• It protects individuals’ mental privacy and integrity.
• Chile was the first to legally recognize neurorights in 2021, followed by Colorado in 2024.
• Neuroethics addresses the ethical use of neurotechnologies, balancing benefits and minimizing harm.
• Institutions and funding agencies have developed ethical principles for neuro-research.
• Gray Matters: Topics at the Intersection of Neuroscience, Ethics, and Society of the Bioethics Commission’s response related to the Brain Research through Advancing Innovative Neurotechnologies (BRAIN) Initiative and OECD’s nine principles are key frameworks.
• Developing neuroethical standards is challenging due to rapidly evolving technologies and diverse cultural contexts.
• UNESCO is working on a global framework for neurotechnology ethics, expected by 2025.

Dig Deeper: Read about the Brain-Computer Interface of Neuralink.

• Eight children died of suspected Chandipura virus infection in Gujarat. The number of infected persons has risen to 15.

• Cases have been reported from multiple districts of Gujarat along with Madhya Pradesh and Rajasthan.
• Chandipura virus disease is a viral infection caused by the Chandipura virus, primarily transmitted through sandflies.
• The disease is characterized by a high mortality rate, especially in children.
• Symptoms include sudden high fever, seizures, vomiting, and altered mental status.
• Due to its rapid progression, timely medical intervention is crucial.
• The Health Department advises intensive surveillance and prompt treatment to manage and control the spread of the virus.

Dig Deeper: Read about Leishmaniasis and Kala-azar-like diseases spread by Sandflies.

• The “e-mobility R&D Roadmap for India” report released by the Automotive Research Association of India (ARAI) commissioned by the Office of the Principal Scientific Adviser (PSA) to the Government of India.
• A strategic investment of ₹1,151 crore over five years could significantly advance India’s lead in battery technology for electric vehicles.
• The report outlines steps to develop advanced capabilities in four key areas:
• Energy storage cells
• Electric vehicle aggregates
• Materials and recycling
• Charging and refuelling
• The roadmap assesses risks from ‘nil’ to ‘high’ and lists potential technical institutions for project components.
• Currently, India’s electric vehicle fleet relies heavily on imported lithium batteries.
• The roadmap aims to reduce this dependency and position India as a key player in battery technology.

Dig Deeper: Which are ‘Lithium Triangle’ countries?