HUMAN SMUGGLING AND THE NEED FOR STRONGER LAWS IN INDIA
TOPIC: (GS2) INDIAN POLITY: THE HINDU
Recently, planeloads of Indians deported from the United States arrived in India, highlighting the issue of human smuggling. Many illegal migrants from India face inhumane conditions, and some have even been stranded in war zones like Iraq.
What is Human Smuggling?
- Human smuggling, also known as kabootarbazi, refers to the illegal transportation of people across borders in exchange for money.
- It is a highly profitable but dangerous trade, often run by criminal networks with no regard for human life.
- Victims of human smuggling risk their lives by traveling through unsafe routes, often ending up in forced labour or exploitation.
Causes of Human Smuggling
- Lack of Employment Opportunities: Many young Indians, especially from Punjab, Haryana, Himachal Pradesh, Kerala, and Gujarat, seek better economic prospects abroad.
- Unregulated Travel Agents and Agents: Unscrupulous agents lure individuals with false promises of jobs and a better life in foreign countries.
- Weak Laws and Enforcement: India’s Emigration Act, 1983 does not define or address human smuggling effectively. Poor implementation of state laws makes it easy for traffickers to operate.
- High Demand for Cheap Labor: Many developed countries have a demand for illegal migrant labour, which fuels this illegal trade.
Dangers Faced by Victims
- Risk of Death: Many migrants suffocate in containers, drown at sea, or perish in deserts while attempting to cross borders.
- Exploitation: Some end up working in slave-like conditions, including dangerous jobs in conflict zones like Iraq.
- Inhumane Treatment: Many migrants are shackled, starved, beaten, or abandoned with no way to return home.
- Financial Ruin: Families often sell their land or take loans to pay smugglers, only to be left helpless when their loved ones are deported or stranded.
Existing Laws and Their Limitations
Emigration Act, 1983
- Regulates legal emigration but does not explicitly cover human smuggling.
- Focuses on licensed recruitment agencies, leaving room for illegal agents to exploit loopholes.
Punjab Travel Professionals Regulation Act, 2012
- Aims to regulate travel agents to prevent fraud and illegal migration.
- Defines human smuggling and includes penal provisions for offenders.
- However, poor enforcement has limited its effectiveness.
Why a National Law is Needed?
- State-level laws are insufficient and apply only within their respective territories.
- A comprehensive national law is required to regulate borders and prevent illegal migration at the source.
- Strong punishments and strict monitoring are needed to discourage traffickers.
- Inter-agency cooperation between police, immigration authorities, and foreign governments is crucial.
Way Forward
- Enact a Strong National Law: A dedicated law should be framed to define human smuggling, impose harsh penalties, and establish special enforcement agencies.
- Strict Regulation of Travel Agents: Licensing and monitoring of recruiting and travel agents should be strengthened.
- Increase Awareness: Educate rural youth about legal migration routes and the dangers of illegal immigration.
- International Cooperation: Work with foreign governments to crack down on human smuggling networks.
Conclusion
Human smuggling is a serious issue that exposes migrants to exploitation, abuse, and even death. While state laws like Punjab’s attempt to regulate travel agents, only a strong national law can address the problem effectively.
Prelims Practice Question:
- Which of the following statements regarding Article 23 and Article 24 of the Indian Constitution is/are correct?
- Article 23 prohibits both forced labour and human trafficking in any form.
- Article 24 prohibits employment of children below 14 years in any industry, including agriculture.
- Violation of Article 23 is punishable under The Bonded Labour System (Abolition) Act, 1976.
Select the correct answer using the codes below:
A) 1 and 2 only
B) 2 and 3 only
C) 1 and 3 only
D) 1, 2, and 3
Answer: C
Explanation:
- Article 23 prohibits human trafficking, forced labour, and beggar in any form.
- Article 24 prohibits employment of children below 14 years only in hazardous industries, not in all industries (such as agriculture).
- Violation of Article 23 is punishable under The Bonded Labour System (Abolition) Act, 1976 and other laws like the Immoral Traffic (Prevention) Act, 1956.
HUMAN-WILDLIFE CONFLICT IN KERALA
TOPIC: (GS3) ENVIRONMENT: THE HINDU
Recent wildlife attacks on humans in Kerala, including fatalities inside forests and villages, have intensified concerns over rising human-wildlife conflicts. The issue has social, environmental, and political dimensions, with debates over wildlife population control measures.
Key Concerns
Rising Human Casualties
- Fatalities due to wildlife encounters have reduced from 146 in 2018 to 57 in 2023.
- Snakebites account for 75% of deaths, decreasing from 113 (2012) to 34 (2023).
- Elephant attacks caused 18% of deaths, but their population has dropped by 7%.
- Tribal communities—historically skilled in wildlife coexistence—are now frequently affected.
Causes of Human-Wildlife Conflict
Habitat Destruction & Encroachments
- Deforestation and urban expansion in elephant corridors (e.g., Aralam Farm & Chinnakkanal) force animals into human areas.
- Industrial plantations (eucalyptus, acacia) have replaced natural forests, disrupting wildlife habitats.
- Invasive species (e.g., Senna spectabilis) impact food availability for wild animals.
Human Activities Near Forests
- Unregulated tourism, cattle grazing, and food waste dumping near forest edges attract wild animals.
- Climate change and dry spells push animals into human settlements for food and water.
Government Measures & Challenges
Wildlife Management Initiatives
- 2022: Local bodies empowered to eliminate feral wild boars damaging farms.
- 2023: Kerala classified human-wildlife conflict as a State-Specific Disaster, allowing disaster management intervention.
- Restoration efforts:
- 5,031 hectares of natural forests restored.
- Ponds & check dams built to provide water for wildlife.
Challenges in Implementation
- Industrial plantations dominate forests, making restoration difficult.
- Solar fencing has been effective, but ₹52 crore elephant-proof wall at Aralam remains incomplete.
- Coordination among multiple departments (Forest, Agriculture, Disaster Management, etc.) is necessary but lacking.
Way Forward
- Strengthening participatory forest management involving local communities.
- Fast-tracking completion of protective infrastructure (walls, fences, water sources).
- Improving inter-departmental collaboration for a comprehensive response.
- Using traditional tribal knowledge for better wildlife conflict mitigation.
Conclusion
Human-wildlife conflict in Kerala requires scientific, community-driven, and policy-based solutions to ensure both human safety and wildlife conservation.
AI AND ITS ENVIRONMENTAL CHALLENGES
TOPIC: (GS3) SCIENCE AND TECHNOLOGY: THE HINDU
The rapid expansion of Artificial Intelligence (AI) has led to growing concerns over its environmental impact, particularly energy consumption and carbon emissions. Global discussions, including at COP29, highlight the need for sustainable AI practices.
Environmental Impact of AI
Energy Consumption and Carbon Emissions
- AI models require immense computing power, increasing electricity demand.
- Data centres, the backbone of AI, contribute to 1% of global carbon emissions (IEA).
- Electricity demand for data centres is expected to double by 2026.
- Training large AI models like GPT-3 emits up to 552 tonnes of CO₂, equivalent to the emissions from multiple cars annually.
Hardware Production and E-Waste
- Expansion of AI infrastructure increases demand for graphic processing units (GPUs) and specialized chips.
- Short hardware lifecycles lead to e-waste accumulation, worsening the environmental impact.
Software and AI Model Lifecycle
- AI data collection, training, and validation processes generate emissions.
- Advanced models require 10-100 times more computing power than older versions, adding to the environmental strain.
Global Efforts and Challenges
- At COP29, the International Telecommunication Union stressed the need for greener AI technologies.
- 190+ countries have adopted ethical AI recommendations, addressing environmental concerns.
- The EU and U.S. have introduced AI regulations, but sustainability aspects remain limited and non-binding.
- Many national AI strategies overlook environmental responsibility.
- The private sector’s role in reducing emissions is often neglected in policymaking.
Solutions for Sustainable AI
- Companies should power AI infrastructure using renewable sources.
- Locating data centres in renewable energy-rich regions can reduce carbon emissions.
- Google’s DeepMind uses AI to optimize wind energy forecasting, improving clean energy integration.
- Using optimized AI models can cut energy use by 100 to 1,000 times (Google-Berkeley study).
- Domain-specific models require less processing power, reducing environmental impact.
- Regular maintenance and energy-efficient chips help minimize emissions.
- Instead of building AI models from scratch, pre-trained models can be adapted for new tasks.
- This reduces resource consumption and energy costs.
Way Forward
- Governments must integrate sustainability into AI policies, ensuring accountability.
- Public-private partnerships should focus on developing eco-friendly AI technologies.
- Sustainable AI practices will help balance technological advancement with environmental responsibility.
Conclusion
AI has the potential to drive economic progress, but without sustainable practices, it poses serious environmental risks. A greener AI ecosystem is essential for long-term growth and global sustainability.
INDIA’S INTERNET SHUTDOWNS OVER COMMUNAL UNREST (2023-24)
TOPIC: (GS2) INDIAN POLITY: THE HINDU
A report by Access Now, a digital rights group, revealed that India was the only country to impose Internet shutdowns due to communal violence in 2023 and 2024. Manipur, Bihar, and Haryana witnessed the most shutdowns, raising concerns over digital rights and freedom of speech.

Extent of Internet Shutdowns in India
India’s Global Share in Shutdowns
- In 2023 and 2024, India was the only country to impose Internet shutdowns due to communal violence.
- Since 2018, India has accounted for 95% of all such global shutdowns.
- In 2024, India imposed 57% of global shutdowns due to protests, the highest for any nation.
State-wise Distribution of Shutdowns
- Manipur had the highest number of Internet shutdowns (54 instances).
- Other states affected:
- Bihar (9 shutdowns)
- Haryana (7 shutdowns)
- Jammu & Kashmir, Punjab, Rajasthan, and Maharashtra also experienced shutdowns due to protests.
Reasons for Internet Shutdowns
- Communal Violence: In 2023, more than 50% of shutdowns were due to communal clashes. Most incidents were reported in Manipur, Bihar, and Haryana.
- Protests and Political Unrest: In 2024, over 50% of Internet shutdowns were linked to protests. Manipur, Haryana, and Punjab saw the highest number of shutdowns due to demonstrations. In 2021 and 2022, shutdowns were mainly due to political instability.
Types and Impact of Internet Shutdowns
Types of Shutdowns
- Complete shutdown: Entire access to the Internet is blocked.
- Partial restrictions: Specific services like social media are blocked while allowing basic connectivity.
- Shutdowns may be imposed at state, district, or local levels.
Impact on Governance and Society
- Affects fundamental rights: Disrupts freedom of speech and access to information.
- Economic losses: Businesses and digital services suffer during prolonged shutdowns.
- Disrupts education and healthcare: Online learning and telemedicine services are interrupted.
- Concerns over transparency: Critics argue that frequent shutdowns restrict democratic discourse.
Way Forward
- The Supreme Court has emphasized that Internet shutdowns should be proportionate and necessary.
- Stronger legal safeguards are needed to prevent misuse of shutdowns.
- Governments should explore alternative ways to control unrest without restricting digital access.
- Improved policing and community engagement can help manage conflicts without resorting to shutdowns.
- Countries like Germany and the U.K. focus on cyber monitoring instead of outright shutdowns.
- India could adopt similar policies to balance security needs with digital rights.
Conclusion
While Internet shutdowns are used to maintain law and order, their frequent use raises human rights concerns. A balanced approach is needed to ensure security while upholding digital freedoms.
Prelims practice question:
- Consider the following statements regarding Internet shutdowns and Fundamental Rights in India:
- The Supreme Court of India has ruled that access to the Internet is a fundamental right under Article 19 of the Constitution.
- Internet shutdowns can be imposed only after approval from the Parliament of India.
- The right to access the Internet is linked to the right to freedom of speech and expression.
Which of the statements given above is/are correct?
- 1 and 3 only
- 2 and 3 only
- 1, 2, and 3
- 1 only
Answer: C
Explanation:
- In the Anuradha Bhasin v. Union of India (2020) case, the Supreme Court ruled that access to the Internet is a fundamental right under Article 19(1)(a) (freedom of speech and expression) and Article 19(1)(g) (freedom to practice any profession, or to carry on any occupation, trade, or business).
- Internet shutdowns do not require Parliament’s approval; they are imposed by state or central authorities under the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.
- The right to Internet access is directly linked to freedom of speech and expression (Article 19) and is essential for education, business, and information access.
SHOULD A THIRD LANGUAGE BE MADE COMPULSORY?
TOPIC: (GS2) INDIAN POLITY: THE HINDU
The Centre and Tamil Nadu are in conflict over the three-language policy under the New Education Policy (NEP) 2020.
- The Union government has linked the release of Samagra Shiksha Abhiyan funds to the adoption of the three-language formula, while Tamil Nadu insists on continuing its two-language policy (Tamil and English).
Constitutional Provisions on Language
- Hindi is the official language of India, as per the Constitution.
- English was initially meant to be used for 15 years (until 1965) but continues due to the Official Languages Act, 1963.
- States can choose their official language(s) for governance.
- The Union government has the duty to promote Hindi as a medium of communication.
Understanding the Three-Language Policy
- First introduced in NEP 1968, making Hindi mandatory in non-Hindi states.
- Tamil Nadu opposed this, adopting a two-language policy (Tamil and English).
- The NEP 2020 retains the three-language formula but does not impose any particular language on states.
- It allows states, regions, and students to decide which languages to study, ensuring that at least two are Indian languages.
Challenges of Implementing a Third Language
Poor Learning Outcomes
- ASER 2022 report shows that 60% of Class V students struggle to read a Class II text.
- ASER 2023 data: 25% of youth (14-18 years) cannot read Class II level text in their mother tongue.
- 40% of youth cannot read simple English sentences.
- Basic skills like subtraction and division are weak.
Financial Constraints
- In 2019-20, total elementary education expenditure was ₹3.03 lakh crore.
- States contribute 85% of education funding, while the Centre provides 15%.
- India spends only 4-4.5% of GDP on education, below the 6% target set by NEP 2020.
Limited Effectiveness of Third-Language Learning
- Even in private schools, where a third language is taught until Class VIII, most students do not achieve proficiency.
Key Observations on Multilingualism in India
- 2011 Census:
- 26% of Indians are bilingual, and 7% are trilingual.
- In urban areas: 44% bilingual, 15% trilingual.
- In rural areas: 22% bilingual, 5% trilingual.
- With urbanization and migration, these numbers are expected to rise in the upcoming Census 2021.
Way Forward
- Prioritize improving education quality in mother tongues, English, and basic numeracy skills.
- Avoid compulsory language policies and allow students to learn extra languages based on need and interest.
- Tamil Nadu and the Centre must engage in dialogue to ensure that funding delays do not impact education.
- States should have more autonomy in deciding their school education policies, considering regional diversity and financial responsibilities.
MADRAS HC RULING ON ARREST OF WOMEN AT NIGHT
TOPIC: (GS2) INDIAN POLITY: INDIAN EXPRESS
The Madurai Bench of the Madras High Court ruled that restrictions on arresting women at night (after sunset and before sunrise) under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 are not mandatory but directory.
- The ruling was given in the Deepa vs. S. Vijayalakshmi case, where a woman was arrested at 8 PM.
Legal Safeguards for Arresting Women at Night
- Section 43(5) of BNSS (earlier Section 46(4) of CrPC) provides safeguards:
- No woman should be arrested at night (after sunset and before sunrise) except in exceptional circumstances.
- If arrest is necessary, prior permission must be obtained from the jurisdictional magistrate through a written request by a woman police officer.
- The law does not define ‘exceptional circumstances’, leaving it open to interpretation.
What Did the Madras High Court Rule?
- The law does not specify penalties for violating the restriction on nighttime arrests.
- If the provision were mandatory, the law would have outlined consequences for non-compliance.
- Police officers have a public duty to enforce law and order.
- In urgent situations, like a serious crime committed by a woman at night, requiring magistrate approval could allow the suspect to escape.
- Rigid enforcement could harm public interest by delaying arrests in urgent cases.
Historical Background of Section 46(4) CrPC
- The 135th Law Commission Report (1989) recommended:
- Women should not be arrested at night, except in urgent cases.
- If needed, prior approval from a superior officer should be obtained.
- If an arrest is unavoidable, the officer must report the reasons to a magistrate.
- The 154th Law Commission Report (1996) reaffirmed these recommendations.
- Section 46(4) of CrPC was added in 2005 with some modifications.
Supreme Court’s View
- The Bombay High Court’s Nagpur Bench had earlier directed that women should not be detained at night unless a lady constable is present.
- The Supreme Court noted that strict compliance may not always be practical and can cause operational challenges.
Impact of the High Court Ruling
- The police cannot ignore the provision, even though it is not mandatory.
- Failure to comply will not make the arrest illegal, but the officer must explain the reason for non-compliance.
- The court has asked the police to issue guidelines defining ‘exceptional circumstances’ for nighttime arrests.
Way Forward
- Clear guidelines should be issued to define when nighttime arrests are justified.
- Proper monitoring of arrests at night to prevent misuse by law enforcement.
- Ensure that women police officers are available during arrests.
- Judicial oversight should be strengthened to prevent harassment or misuse of power by the police.
US POLICY SHIFT ON UKRAINE AND INDIA’S STRATEGIC NEUTRALITY
TOPIC: (GS2) INDIAN POLITY: THE HINDU
The United States recently voted alongside Russia at the United Nations (UN) on Ukraine-related resolutions, signalling a major shift in its foreign policy. Meanwhile, India continued its policy of strategic neutrality by abstaining from both resolutions, maintaining a balanced diplomatic approach.
Setbacks for the US at the UN
- The United States faced diplomatic challenges at the UN General Assembly (UNGA) when its resolution on Ukraine failed to gain widespread support.
- Ukraine’s resolution, calling for Russia’s withdrawal, was passed with 93 votes, but several countries, including the US itself, either abstained or opposed it.
- The US-sponsored resolution, which did not directly condemn Russia, was amended and approved, but the US abstained, reflecting policy uncertainty.
- These developments reveal a widening gap between the US and its European allies, raising concerns about the future of transatlantic cooperation under Donald Trump’s evolving foreign policy.
Shift in US Foreign Policy
- This was the first instance since Russia’s invasion of Ukraine where the US aligned with Russia at the UN, marking a significant policy shift.
- The change reflects Donald Trump’s outreach to Russian President Vladimir Putin, as well as his controversial stance that Ukraine shares the blame for the conflict.
- The US’s new strategy suggests a potential deal with Russia by Easter, shifting focus from security guarantees for Ukraine to gaining access to its resources.
- This shift has weakened the unity between the US and Europe, which had previously remained strongly committed to supporting Ukraine.
India’s Strategic Abstentions
- India maintained its policy of neutrality by abstaining from both UNGA resolutions on Ukraine, continuing its consistent approach at the UNSC, IAEA, and WTO.
- This decision reflects India’s commitment to strategic autonomy, allowing it to balance relationships with both the US and Russia.
- Despite its neutral stance, India has repeatedly emphasized the importance of sovereignty, territorial integrity, and adherence to international law.
- Prime Minister Narendra Modi’s statement that “this is not an era of war” further highlights India’s focus on peaceful conflict resolution.
India’s Diplomatic Adjustments
- India is subtly modifying its diplomatic language to align with changing global power dynamics.
- Instead of referring to “two parties to the conflict”, India now uses the broader term “parties concerned”, which could include the US and other stakeholders.
- This linguistic shift provides India greater diplomatic flexibility, allowing it to engage in dialogue with all sides while safeguarding its strategic interests.
Conclusion
The US policy shift on Ukraine has strained its ties with European allies and led to new geopolitical realignments. India’s decision to abstain reflects its consistent approach of maintaining foreign policy independence while navigating a changing global landscape.