3 APRIL, THE HINDU EDITORIAL, (SUNDAY)

1. THE HINDU NEWS (SUNDAY) - APRIL 3, 2022
New Criminal Bill
How does the new Criminal
Procedure (Identification)
Bill, 2022 propose to collect
sensitive data?
VIJAITA SINGH
The story so far: On March 28,
Minister of State for Home
Ajay Kumar Mishra introduced
The Criminal Procedure
(Identification) Bill, 2022 in Lok
Sabha. If passed, it will allow
police and prison authorities
to collect, store and analyse
physical and biological
samples including retina and
iris scans of convicted,
arrested and detained
persons. At the introduction
stage, Opposition members
opposed. At the introduction
stage, Opposition members
opposed the Bill terming it
“unconstitutional” and an
attack on privacy.
What is the legislation about?
-The Bill seeks to repeal The
Identification of Prisoners Act,
1920. The over 100-year-old
Act’s scope was limited to
capturing of finger impression,
foot-print impressions and
photographs of convicted
prisoners and certain category
of arrested and non-convicted
persons on the order of a
Magistrate. The Statement of
Objects and Reasons of the
2022 Bill said that new
“measurement” techniques
being used in advanced
countries are giving credible
and reliable results and are
recognized the world over. It
said that the 1920 Act does
not provide for taking these
body measurements as many
of the techniques and
Why is Sri Lanka under a state of
Emergency?
What has brought on the economic crisis is the island nation? How are
India and other countries helping?
MEERA SRINIVASAN
The story so far: On Friday night, a day after angry citizens converged in front of
President Gotabaya Rajapaksa’s Colombo residence, demanding he step down
immediately, he declared a state of Emergency in Sri Lanka. An extraordinary
gazette notification said the Emergency, coming into immediate effect, was “in
the interest of public security, the protection of public order and the
maintenance of supplies and services essential to the life of the community.” On
Saturday, the government imposed an all-island curfew, restricting movement
until Monday morning. Sri Lanka is in the midst of a sharp economic downturn
that has led to severe food shortages and growing public resentment.
What triggered the crisis?
-Sri Lanka’s economic crisis can be traced to two key developments in the
immediate past – the Easter Sunday bombings of 2019 that deterred tourists and
the pandemic since early 2020 that stalled recovery and further drained the
economy. As it grappled with an unprecedented challenge, the Rajapaksa regime
made policy choices that are now proving to be costly. It cut the government’s
tax revenue substantially and rushed into an ‘organic only’ agricultural policy that
will likely slash this year’s harvest by half. The weak and debt-ridden economy
with the lingering strain of the pandemic and ill-advised policies accelerated the
downward spiral.
What were the economic indicators?
-COVID-19 hit Sri Lanka’s key foreign revenue earning sectors hard. Earnings from
tourism, exports, and worker remittances fell sharply in the last two years. But
the country could not stop importing essentials, and its dollar account began
dwindling. Fast draining foreign reserves, a glaring trade deficit, and a related
Balance of Payments problem came as crucial signals. Colombo’s huge foreign
loan obligations and the drop in domestic production compounded the economic
strain.
When did things begin to worsen?
-The long-simmering crisis made its first big announcement during last August’s
food emergency, when supplies were badly affected. It was soon followed by
fears of a sovereign default in late 2021, which Sri Lanka averted. But without
enough dollars to pay for the country’s high import bill, the island continued
facing severe shortage of essentials – from fuel, cooking gas, and staple
foodgrains to medicines.
How did the crisis manifest itself on the ground?
-Consumers could not find the most basic things such as petrol, LPG cylinders,
kerosene, or milk in the market. They spent hours waiting in long queues outside
fuel stations or shops. Supermarket shelves were either empty or had products
with high price tags that most could not afford. For instance, the price of one kg
of milk powder, a staple item in dairy-deficient Sri Lanka, suddenly shot up to
nearly LKR 2000 in March.
Be it cooking gas, oils, ice, pulses, vegetables, fish, meat, consumers found

2. technologies had not been
developed then.
What are the major changes
proposed?
-It proposes four major
changes. First, it would define
“measurements” to include
“signature, handwriting, iris
and retina scan, physical,
biological samples and their
analysis, etc.” It does not
specify what analysis means,
implying that it may also
include storing DNA samples.
The “etc.” mentioned in the
text of the Bill could give
unfettered powers to law
enforcement agencies to
interpret the law as their
convenience, sometimes to
the disadvantage of the
accused.
Second, it empowers the
National Crime Records
Bureau of India (NCRB), under
the Union Home Ministry, to
collect, store and preserve the
record of measurements for at
least 75 years. The NCRB will
be able to share the data with
other law enforcement
agencies as well. Police is a
State subject and NCRB works
under the Union government,
and experts contend this
provision may impinge on
federalism.
Third, it empowers a
Magistrate to direct any
person to give vital details,
which till now was reserved
for convicts and those
involved in heinous crimes.
Fourth, it empowers police or
prison officers up to the rank
of a Head Constable to take
details of any person who
resists or refuses to do so.
What are some other
changes?
-The Bill also seeks to apply to
persons detained under any
themselves paying substantially more, or simply had to forego the item. The fuel
shortage has led to long blackouts – up to 13 hours the island.
What is the situation now?
-The value of the Sri Lankan rupee has dropped to 300 against a U.S. dollar (and
even more than 400 in the black market), putting importers in a difficult spot.
The government is unable to pay for its import shipments, forcing
consignments to leave the Colombo port. For the average citizen contending
with COVID-induced salary cuts and job losses, the soaring living costs have
brought more agony.
Has the government sought help?
-Yes, including from India which has extended $2.4 billion this year, and China,
that is considering a fresh request from Colombo for $2.5billion assistance, in
addition to the $2.8 billion it has extended since the pandemic broke out. The
government has decided to negotiate an International Monetary Fund
programme, while seeking support from other multilateral and bilateral sources.
But even with all this help, Sri Lanka can barely manage. Recovery will neither be
fast nor easy, say experts.
How has it affected the people?
-Sri Lankans are seething with anger, going by public demonstrations and
protests. They want the President to step down immediately and the ruling clan
to leave the country’s helm. They have been agitating in different parts of the
country, including near the President’s home. Former military man Gotabaya
Rajapaksa, who came to power on a huge mandate in 2019, is Sri Lanka’s most
unpopular leader today. In a televised address on March 16, he promised “tough
decisions to find solutions to the inconveniences that people are experiencing.”
Following the protests near his home, Mr. Rajapaksa said “extremists” were
plotting an “Arab Spring and on Friday night, he declared a state of Emergency.
Roubles for fuel, defence deals with Russia
How is India circumventing the sanctions route to ensure supplies are not
stopped? What is in the pipeline?
DINANKAR PERI
The story so far: The last two weeks saw a flurry of visits by senior officials from
the West to convince India not to undermine sanctions on Russia by opting for
payments in national currencies as also not to increase purchase of discounted
oil from Russia. On Friday, Russia Foreign Minister Sergey Lavrov was in New
Delhi, the first high-level visit since the start of the Russian offensive in Ukraine.
What is the status of oil purchases from Russia?
-“We have started buying Russian oil and have bought at least three to four days
of supply,” Finance Minister Nirmala Sitharaman said on Friday. Mr. Lavrov
reiterated that Russia is moving ahead with the use of national currencies in lieu
of dollar payments with both India and China and these efforts would be
“intensified”.
“I have no doubt that a way would be found to bypass the artificial
impediments which illegal unilateral sanctions by the West create. This relates
also to the area of military and technical cooperation. We have no doubt that the
solution would be found and respective ministries are working, “ Mr. Lavrov said,
addressing a press conference after bilateral talks with his Indian counterpart S.
Jaishankar.
The developments came a day after the U.S. Deputy National Security Adviser
for international Economics Daleep Singh warned of “consequences” to countries

3. preventive detention law. The
Bill also authorizes taking vital
details of “other persons” for
identification and investigation
in criminal matters. It doesn’t
define the “other persons”,
implying its ambit extends
beyond convicts, arrested
persons, or detainees. The
Bill’s stated objective is it
provides legal sanction for
taking such details and will
make the investigation of
crime more efficient and
expeditious, and help in
increasing the conviction rate.
Congress member Manish
Tewari pointed out in the Lok
Sabha that Article 20(3) of the
Constitution stats that “no
person accused of any offence
shall be compelled to be a
witness against himself.” BSP
member Ritesh Pandey
opposed the Bill saying it
proposes to collect samples
even from those engaged in
political protests.
Is there a precedent?
-The Karnataka Assembly
passed The Identification of
Prisoners (Karnataka
Amendment) Bill in 2021, to
amend the 1920 Act for
application in the State. The
Bill expands the collection to
include blood samples, DNA,
voice and iris scans “for
effective surveillance and
prevention of breach of peace
and crime.” It empowers the
Superintendent of Police or
Deputy Commissioner of
Police to order collection in
addition to a magistrate to
avoid delays and reduce the
workload on the Judiciary. As
the provisions of the Bill were
repugnant with the 1920 Act, a
Central Government’s Act,
Governor Thawar Chand
Gehlot reserved the Bill for
that actively attempt to circumvent or backfill the sanctions.
In sharp comments on Thursday during a conversation with visiting U.K.
Foreign Secretary Liz Truss, Mr. Jaishankar termed it a “campaign” against India
for buying Russian oil at discounted prices while European countries remain the
biggest buyers of oil and gas from Russia despite their announcements to scale it
down.
India and Russia have been working on streamlining payments through the
rupee-rouble mechanism circumventing the SWIFT systems and the dollar route.
Towards this, earlier in the week, a team from Russia’s central bank met officials
from the Reserve Bank of India to iron out issues and identify banks that have no
exposure to the Western sanctions through which payments can be made. Mr.
Jaishankar informed Parliament recently that a special inter-ministerial group led
by the Finance Ministry has been tasked with resolving payment issues for trade
with Russia.
According to Reuters, India bought at least 13 million barrels of Russian oil
since the Ukraine war began on February 24, a steep rise from last year, when
India bought 16 million barrels of Russian oil in all of 2021.
What about defence deals?
-The defence Ministry and the Services have carried out assessments and are
closely monitoring the impact the sanctions can have on timely deliveries and
supplies from Russia as several major deals are also underway. Officials have
stated that while some shipping delays were possible, there would not be any
dent in the Army’s operational preparedness along the borders especially the
Line of Actual control.
In addition, the armed forces have also made significant emergency
procurements in the last two years since the standoff in eastern Ladakh and have
stocked up on spares and ammunition. So, there shouldn’t be any immediate
urgency for spares and other requirements, officials noted.
For the two countries, payment by a rupee-rouble arrangement is not new. For
instance, for the $5.43 billion deal for S-400 air defence systems signed in
October 2018, with the looming threat of U.S. sanctions under CAATSA
(Countering America’s Adversaries Though Sanctions Act), the two sides had
worked out payments through the rupee-rouble exchange. In fact, the delivery
schedule got slightly delayed as the payment details were being worked out. Last
December, India began taking deliveries and the first unit has been deployed on
the western border. The second unit is scheduled to arrive shortly, officials
stated.
In addition, several new deals are in the pipeline including 12 Su-30MKI
aircraft and 21 MiG-29 fighter jets for the Indian Air Force. However, the Defence
Ministry is carrying out a review of all direct import deals and some of them
including those from Russia are expected to be dropped as part of the push
towards domestic manufacturing.
According to a recent report from Stockholm International Peace Research
Institute (SIPRI), India’s defence imports reduced by 21% between 2012-16 and
2017-21 and while Russia continues to remain the largest arms supplier, the
percentage has dropped. “Russia was the largest supplier of major arms to India
in both 2012-16 and 2017-21, but India’s imports of Russia arms dropped by 47%
between the two periods as several large programmes for Russians arms wound
down,” the report said.
How has BIMSTEC finetuned its agenda?

4. consideration of the President
of the India. Under the
process, the Bill is sent for
inter-ministerial consultation.
The Bill is yet to be cleared by
the MHA. Now, the
Government has introduced a
fresh legislation to replace the
1920 Act that will be
applicable across the country.
The States have been
empowered to notify rules
under the Act to specify the
manner in which details could
be recorded, preserved,
disseminated and destructed
and “any other matter which is
to be prescribed, or in respect
of which provision is to be
made.”
Tamil Nadu introduced and
notified The Identification of
Prisoners (Tamil Nadu
Amendments) Act in 2010. The
act allows the police the draw
“blood samples” other than
the specified measurements
from the limited categories of
suspects and convicts defined
in the 1920 Act. Though
President’s assent is awaited
for the Karnataka Bill, the
Tamil Nadu Act has been in
practice for more than a
decade after it received the
assent of the Governor.
What are the aims and functions of the multilateral grouping in handling
challenges in the Bay of Bengal region?
KOLLOR BHATTARCHERJEE
The story so far: Amid the financial crisis of 1997, leading Southeast Asian and
South Asian nations came together to form the Bay of Bengal Initiative for Multi-
Sectoral Technical and Economic Cooperation (BIMSTEC). The underlying factor
behind the grouping was that if connected together, the economic powerhouses
of South Asia and Southeast Asia could deal with the challenges of pursuing free
market economies in the limits imposed by local political and economic factors.
In its 25th
year, and at its fifth summit held in hybrid format in Colombo, the
organization adopted a charter which aims at providing greater coordination
among the seven members – Bangladesh, Bhutan, India, Nepal, Sri Lanka, and
Myanmar and Thailand.
Why is there a need to revitalize the multilateral grouping?
-The new charter comes at a time when the need for an alternative regional-
global organization is increasingly being felt because of the moribund nature of
SAARC which has not met since November 2014. For long, BIMSTEC existed as a
platform for policy dialogue but the global churning over sanctions on Russia
after the war in Ukraine appears to have contributed towards finetuning the
focus of the grouping. It wants to be an organization which can find autonomous
space away from bigger trade and defence groupings and wok for the
development of the region around of Bay of Bengal.
What does BIMSTEC’s connectivity vision aim to achieve?
-The BIMSTEC Master Plan for Transport Connectivity seeks to connect several
major transport projects in India, Bangladesh, Myanmar and Thailand and
establish a shipping network across the Bay of Bengal that will benefit the littoral
states as well as the Bay of Bengal dependent states like Nepal and Bhutan. The
BBIN connectivity project of Bangladesh, Bhutan, India and Nepal is expected to
be merged with the port and infrastructure projects like the Sittwe port of
Myanmar and Payra port of Bangladesh and Colombo of Sri Lanka.
Is the Free Trade Agreement plan feasible?
-A framework agreement for a Free Trade Agreement among the members of
BIMSTEC was signed in 2004, and has been revived again. The idea is to create
stronger trade relations among players in the Bay of Bengal region but
negotiations on finalizing legal instruments for coastal shipping, typing up road
transport and other issues will take time to be shorted out.
What is the security pillar aiming to achieve?
-The Bay of Bengal has enormous significance from the security point of view. It
borders the Strait of Malacca which is the main energy lane for the eastern and
Southeast Asian nation. That apart, Indonesia, Thailand, Sri Lanka and
Bangladesh have often suffered from terrorism. The security relevance of
BIMSTEC, therefore, has been growing especially after the Easter Sunday
bombings in Sri Lanka in 2019. India will steer the security pillar of BIMSTEC and
is expected to coordinate regionwide security cooperation on jointly agreed
issues.
Will it mediate in bilateral issues?
-BIMSTC members like Myanmar and Bangladesh have challenges like the
Rohingya crisis that both sides have been dealing with since 2017. The tense
relations between the two countries had hampered smooth working of the
BIMSTEC for some time. But as of now the grouping, by including Myanmar in
the summit in Colombo, has indicated that it will not interfere in domestic
political problems and nor will it allow any member to be sidelined within the

5. organization. SAARC has been weighed down by bilateral problems between
India and Pakistan and a lesson probably has been learnt to keep bilateral
troubles away from a regional grouping for better coordination among the
members.