Afternoon edition
Daily current affairs for UPSC, BPSC, State PCS and PSC exams.
Why in news?
The Kerala High Court has directed the state to ensure that special courts established under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), have adequate facilities as per the Act's guidelines.
Key points
- Most POCSO special courts lack adequate facilities.
- The High Court directed the State to comply with POCSO Act guidelines.
- The State must disclose the number of additional courts required based on Supreme Court directives.
- Union government is responsible for funding these courts, including staff appointments.
- Training for Special Public Prosecutors, including child psychology and behaviour, is mandated.
Background & context
The POCSO Act, 2012, aims to protect children from sexual offences and provides for the establishment of special courts. The Supreme Court has directed the setup of these courts in districts with over 100 registered cases. The Union government is mandated to fund their operation.
★ Prelims fact capsule
The POCSO Act was enacted in 2012.
✎ Mains relevance
GS Paper II: Governance, Social Justice, Judiciary. Issues related to child protection, functioning of special courts, implementation of laws, and judicial directives.
Why in news?
A petition seeks to disqualify MLA Mani C. Kappan, but he argues that the High Court lacks jurisdiction and the matter should be handled by the Governor based on the Election Commission's opinion, as per constitutional provisions.
Key points
- Mani C. Kappan challenges the Kerala High Court's jurisdiction over his disqualification.
- He argues that the Constitution provides a specific mechanism for MLA disqualification, involving the Governor and Election Commission.
- The petition against him is based on a conviction in cheque-bounce cases.
- Kappan asserts that courts cannot direct the Governor to exercise this power.
- He claims he is not currently serving the sentence and disputes the duration of the sentences imposed.
Background & context
Article 191(1)(e) of the Indian Constitution, read with Section 62 of the Representation of the People Act, 1951, outlines grounds for disqualification of members of the legislature. Article 192 specifies the procedure for disqualification, where the President (or Governor in the case of State Legislatures) decides after obtaining the opinion of the Election Commission.
★ Prelims fact capsule
The Governor obtains the opinion of the Election Commission before deciding on the disqualification of an MLA.
✎ Mains relevance
GS Paper II: Polity, Constitution, Governance. Electoral laws, constitutional provisions related to disqualification of legislators, judicial review of legislative/executive actions.
Why in news?
Actor Lakshmipriya has been booked under Section 356(2) of the Bharatiya Nyaya Sanhita for alleged criminal defamation against fellow actor Ansiba Hassan, following a Judicial Magistrate's order.
Key points
- Actor Lakshmipriya booked for allegedly defaming Ansiba Hassan.
- Case registered based on an order from the Judicial First Class Magistrate Court.
- Allegations stem from comments made in an online channel interview.
- The charge is criminal defamation under Section 356(2) of the Bharatiya Nyaya Sanhita.
- The Bharatiya Nyaya Sanhita replaces the Indian Penal Code, 1860.
Background & context
The Bharatiya Nyaya Sanhita (BNS) is one of the three new criminal laws that replaced the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act. Section 356 of the BNS deals with defamation, and subsection (2) likely codifies criminal defamation, which was present under Section 499 of the IPC.
★ Prelims fact capsule
The Bharatiya Nyaya Sanhita is the new law that replaced the Indian Penal Code.
✎ Mains relevance
GS Paper II: Polity, Governance, Social Issues. Law and order, amendments to criminal laws, defamation and freedom of speech implications.