10 FEBRAURY 2024

Standing Committee Report On Judicial Processes and their Reforms

Syllabus: GS2/Structure, organisation and functioning of the Judiciary

Context

• In an effort to bring greater transparency to the Indian judiciary, the Union government is considering the establishment of rules for judges to declare their assets annually. 

About

• This is in response to the ‘action-taken report’ from the Parliamentary Standing Committee (PSC) on Personnel, Public Grievances, Law, and Justice. 

Major Recommendations of PSC’s 133rd Report

On declaration of assets of Judges: 

• The PSC recommended legislation mandating judges of the higher judiciary (Supreme Court and High Courts) to submit property returns annually.
  • This will bring more trust and credibility into the system.
• Currently, no Supreme Court judge has disclosed their asset details on the official website.

Increase Retirement age for Judges:  

• The committee recommended that while considering an increase in the retirement age, judges’ performance should be reassessed based on health conditions, quality of judgments, and other criteria. 
• However, the Department of Justice cautioned against linking performance evaluation to retirement age, suggesting it may lead to undue favoritism and put a strain on limited resources. 

On Social Diversity:

• Focus should be on diversity, it will enhance the representation of women, minorities etc in the higher Judiciary.

Vacations in the Supreme Court and High Courts:

• The Committee noted that the entire court going on vacation at once leads to the higher judiciary shutting down for a couple of months per year. It observed that the demand to eliminate vacations in Courts stems from: (i) pendency of cases, and (ii) the  inconvenience faced by litigants. 

On Regional Benches:

• The Committee stated that the demand for establishing regional benches of the Supreme Court is based on the fundamental right of access to justice.
  • As per Article 130 of the Constitution, the Supreme Court will sit in Delhi or in such other place or places as the Chief Justice of India, with the approval of the President, may appoint.

Annual reports of High Courts: 

• The Committee likened the publication of an annual report to an assessment of the institution’s performance over the past year. Presently, the Supreme Court publishes its annual report, which also depicts work done by all High Courts.

Indian Judicial System

• The Indian judicial system is a single, integrated system with three tiers:

Other Challenges in Indian Judiciary

• Pendency of cases: As of October 2023, the ‘State of the Judiciary’ report points out that there are over five crore pending cases across all higher and subordinate courts in India.
  • To handle them, however, there are only 20,580 judges working in the Supreme Court, the high courts and district courts.
• Access to justice: Many people in India cannot afford legal representation or are unaware of their legal rights.
• Infrastructure: Many courts lack basic infrastructure and technology, which can hinder their efficiency.
  • As per the National Judicial Data Grid, 19.7% of district courts did not have separate toilets for women as of September 25, 2023.
• Judicial vacancies: There are a large number of vacancies in the judiciary, which can contribute to delays in cases being heard.
  • As on October 1, 2023, against the sanctioned strength of 1,114 judges in the high courts across the country, as many as 347 positions are vacant.
  • Similarly, in the district judiciary, out of the total sanctioned strength of 25,081 judges, as many as 5,300 district judges’ positions are vacant. 
• Issues in appointment: The appointment of judges through the collegium system is drawing criticism for lacking transparency.
  • Also, even after a batch of names is recommended by the collegium at one time, the government segregates it and makes selective appointments.
• Inclusivity: India’s highest court presently has only three female judges (9.3%) out of its working strength of 32 judges, as of October 1, 2023.
  • In high courts, out of 767 permanent and additional judges in the high courts across India, only 103 are female judges (i.e 13.42%).
  • The district judiciary, however, shows considerable improvement with the strength of 36.33% female judges.

Measures/Recommendations

• To clear mounting pendency: In 1987, the Law Commission of India, in its report on ‘Manpower Planning in Judiciary: A Blueprint’ recommended the use of the ratio of judges’ strength per million population as the criterion to plan the judicial staffing.
• Judicial appointments: Ensuring an independent and transparent process for appointing judges.
• Infrastructure and technology: Upgrading court infrastructure and adopting advanced technologies for efficient case management.
• Judicial performance evaluation: Implementing a fair and transparent system for evaluation.
• Enhancing Accountability: Increasing transparency through live streaming or recordings of hearings or open court proceedings.

Recent steps taken

• Leveraging Information and Communication Technology (ICT):
  • The Electronic Supreme Court Reports (e-SCR) project is an initiative to provide the digital version of the apex court’s judgments.
  • Virtual court system: The regular court proceedings are being carried out virtually via videoconferencing. 
  • eCourts portal: It is a one-stop solution for all stakeholders like the litigants, advocates, government agencies, police, and common citizens.  
  • E-filing: E-filing, also known as electronic filing, is a facility that provides filing of cases through the internet. 
  • National Judicial Data Grid (NJDG): The statistics of cases pending at the national, state, district and individual court level are now made accessible to the general public, researchers, academicians and the society at large.

• National Mission for Justice Delivery and Legal Reforms (2011):  It was launched with the objectives of increasing access by reducing delays and arrears in the system.
• Alternative Dispute Resolution(ADR): Lok Adalats, Gram Nyayalayas, Online Dispute Resolution, etc., are used to ensure timely justice. 
• Commercial Courts Act 2015 stipulates mandatory pre-institution mediation and settlement of commercial disputes.
• Fast Track courts: Fast track courts are being set up to expedite the justice delivery and reduce the pendency of cases involving heinous crimes, senior citizens, women, children, etc.

Way Ahead

• Balancing reforms with judicial independence is crucial.
• Achieving consensus on contentious issues requires political will and stakeholder involvement.
• Further, implementing reforms effectively requires sustained commitment and resource allocation.

Source: PRS

Self-Reporting of Mental Illness in India

Syllabus:GS2/Health

Context

• A study conducted by the Indian Institute of Technology (IIT) Jodhpur revealed that self-reporting of mental illness was less than 1% in India.

What is Mental Healthcare?

• Mental health care refers to the range of services and treatments provided to individuals who are experiencing mental health challenges or disorders. 
• Mental health care can take many different forms, including therapy, medication, support groups, hospitalization, and other interventions.

The findings of the study

• Low Self-Reporting: Self-reporting of mental disorders in India is considerably lower than the actual burden of the disease indicating a significant gap in identifying and addressing mental health issues.
• Socioeconomic Disparities: The study revealed a socioeconomic divide, with self-reporting of mental disorders being 1.73 times higher among the richest income group population compared to the poorest in India.
• Dominance of the Private Sector: With 66.1% of outpatient care and 59.2% of inpatient care, the private sector emerged as a major provider of mental health services.
• Limited Health Insurance Coverage: About 23% of individuals hospitalized for mental disorders had health insurance coverage at the national level.
• High Out-of-Pocket Expenditure: The average out-of-pocket expenditures for both hospitalization and outpatient care were significantly higher in the private sector as compared t1o the public sector.

Mental Healthcare in India

• National Tele Mental Health Programme: It was launched in 2022 to improve access to quality mental health counseling and care services in the country. 
• National Mental Health Programme (NMHP): It provides affordable and accessible mental healthcare facilities in the country.
• National Suicide Prevention Strategy: The strategy aims to reduce suicide mortality by 10% in the country by 2030.
• Rights of Persons with Disabilities Act, 2017: The Act acknowledges mental illness as a disability and seeks to enhance the Rights and Entitlements of the Disabled.
• Mental Healthcare Act, 2017: It is aimed at safeguarding the rights of people with mental illness and ensuring that they receive proper mental healthcare services.
  • Rights of Persons with Mental Illness: The act recognizes the rights of persons with mental illness, including the right to access mental health care and treatment without discrimination, the right to confidentiality, the right to access legal services, etc.
  • Advance Directives: It allows individuals to make advance directives specifying how they wish to be treated in the event of a mental health crisis.
  • Prohibition of Electroconvulsive Therapy (ECT): The act prohibits the use of electroconvulsive therapy without the use of muscle relaxants and anesthesia.
  • The act decriminalised suicide attempts in India. 
• Manodarpan Initiative: An initiative under Atmanirbhar Bharat Abhiyan, aims to provide psycho-social support to students for their mental health and well-being.
• Ayushman Arogya Mandirs: Mental health services have been added in the package of services Ayushman Bharat – Health and Wellness Centres (HWC) Scheme.
• Online capacity building of health workers by NIMHANS in providing psychosocial support and training through (iGOT)-Diksha platform.

Way Ahead

• Promote Awareness and Reduce Stigma: Public awareness campaigns should be conducted to increase understanding and reduce stigma surrounding mental illness. 
• Early Intervention: Emphasis should be placed on preventive measures like screening programs, counseling services and promotion of mental well-being through lifestyle interventions to address mental health issues before they escalate.
• Community-Based Interventions: Community-based mental health programs should be developed to provide psychosocial support, rehabilitation, and social inclusion for individuals with mental illness. 
• Research and Data Collection: Robust data collection systems should be established to monitor the prevalence of mental disorders, treatment outcomes, and service utilization patterns.

Source: TH

Pradhan Mantri Matsya Kisan Samridhi Sah-Yojana

Syllabus: GS3/Economy, Fisheries Sector 

In Context

• The Union Cabinet approved the Pradhan Mantri Matsya Kisan Samridhi Sah-Yojana (PM-MKSSY).

About

•  It is a sub scheme under the Pradhan Mantri Matsya Sampada Yojana, for the micro and small enterprises operating in the fisheries sector with an expected investment of ₹6,000 crore in the next four years.
• The sub-scheme PM-MKSSY is with 50% public finance, including the World Bank and the Agence Française de Développement (AFD) external financing, and the rest 50% investment from the private sector leverage. 
• It will be implemented for four years from 2023-24 to 2026-27 across all the States and union territories.
• Significance: Fishers, aquaculture farmers, fish workers and fish vendors are expected to benefit from the scheme.
  • It is aimed at gradual formalisation of the fisheries sector and enhanced access to institutional credit.

Fisheries Sector of India

• India is the 3rd largest fish producing and 2nd largest aquaculture producing nation in the world. 
• India is the 4th largest exporter of fish and fisheries products with a growth in exports of 26.73% in terms of quantity between FY 2021-22 and FY 2022-23. 
• In terms of employment, the sunrise sector supports the livelihood of over 30 Mn people in India. 
• The Department of Fisheries, Ministry of Fisheries, Animal Husbandry and Dairying has implemented a flagship scheme “Pradhan Mantri Matsya Sampada Yojana (PMMSY)- to bring about Blue Revolution through sustainable and responsible development of the fisheries sector in India.

Challenges of the Fisheries Sector in India

• Overfishing: Overexploitation of fish stocks due to excessive fishing pressure is a significant challenge. 
• Illegal, Unreported, and Unregulated (IUU) Fishing: IUU fishing undermines efforts to manage and conserve fish stocks.
  • It includes activities such as fishing without proper authorization, disregarding catch limits, and using banned fishing gear. 
• Lack of Infrastructure and Technology: Inadequate infrastructure and outdated fishing technology hinder the efficiency and productivity of the fisheries sector.
  • Poor storage and transportation facilities lead to post-harvest losses, while outdated fishing vessels and gear limit the ability of fishers to catch fish sustainably.
• Poor Fisheries Management: Limited enforcement of regulations, lack of comprehensive data on fish stocks, and inadequate monitoring and control measures exacerbate the problem of overfishing and IUU fishing.
• Pollution and Habitat Destruction: Pollution from industrial activities, coastal development, and agricultural runoff poses a threat to marine and freshwater habitats.
  • Similarly, habitat destruction through activities such as coastal reclamation, mangrove deforestation, and dredging further exacerbates the loss of valuable fish habitats.
• Climate Change: Climate change is altering oceanic and freshwater environments, affecting fish distribution, migration patterns, and reproductive cycles.
  • Rising sea temperatures, ocean acidification, and extreme weather events can disrupt fish populations and destabilize fisheries ecosystems.
• Socio-economic Issues: Poverty, lack of alternative livelihood options, and unequal distribution of resources contribute to the vulnerability of fishing communities.
  • Many small-scale fishers face challenges accessing credit, markets, and social services, exacerbating their socio-economic marginalization.

Government Initiatives for the Growth of the Sector

• National Fisheries Development Board (NFDB): Established in 2006, NFDB serves as the apex body for the planning and promotion of fisheries development in India.
  • It implements various schemes and programs aimed at enhancing fish production, improving infrastructure, and providing support to fishers and fish farmers.
• Pradhan Mantri Matsya Sampada Yojana (PMMSY): Launched in 2020, PMMSY is a flagship scheme aimed at boosting fish production and doubling farmers’ income.
  • It focuses on modernizing fisheries infrastructure, promoting sustainable aquaculture practices, improving post-harvest management, and enhancing the livelihoods of fishers and fish farmers.
• Blue Revolution: Launched in 2015, the Blue Revolution aims to promote sustainable development and management of the fisheries sector.
  • It focuses on increasing fish production and productivity through the adoption of modern technologies, enhancing infrastructure facilities, promoting entrepreneurship, and strengthening fisheries governance.
• Sagarmala Programme: The Sagarmala Programme, launched in 2015, aims to promote port-led development and unlock the potential of India’s maritime sector.
  • It includes initiatives to develop fishing harbors, cold chain infrastructure, and fish processing facilities to support the growth of the fisheries sector.
• National Fisheries Policy: The Government of India formulated the National Fisheries Policy in 2020 to provide a comprehensive framework for the sustainable development of the fisheries sector.
  • The policy focuses on promoting responsible fisheries management, conserving aquatic biodiversity, enhancing fish production, and improving the socio-economic status of fishers and fish farmers.
• Fish Farmers Development Agencies (FFDAs): The Government has established FFDAs at the district level to provide technical guidance, training, and extension services to fish farmers.
  • These agencies play a crucial role in disseminating knowledge about modern aquaculture practices, facilitating access to credit and inputs, and promoting entrepreneurship in the fisheries sector.
• Coastal Aquaculture Authority (CAA): The CAA regulates and promotes coastal aquaculture activities to ensure sustainable development and environmental conservation.
  • It formulates guidelines for shrimp farming, regulates the use of coastal land for aquaculture purposes, and monitors compliance with environmental norms to prevent adverse impacts on coastal ecosystems.

Way Ahead

• Addressing the challenges requires coordinated efforts from government agencies, fishery stakeholders, civil society organizations, and the private sector. 
• Implementing sustainable fisheries management practices, investing in infrastructure and technology, strengthening governance frameworks, promoting community-based approaches, and mitigating the impacts of climate change are essential steps towards ensuring the long-term viability and resilience of India’s fisheries sector.

Source: TH