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  • How is the Stock Market regulated in India?

    stock

    The Supreme Court asked the Securities and Exchange Board of India (SEBI) and the government to produce the existing regulatory framework in place to protect investors from stock market volatility.

    Central idea

    • After short-seller Hindenburg Research published a report accusing the Adani Group of stock market manipulation and accounting fraud, its shares plummeted.
    • Investors were reported to have lost lakhs of crores.

    Laws governing the Indian Stock Market

    • The securities market in India is regulated by four key laws —
    1. Securities and Exchange Board of India Act, 1992 (SEBI Act)
    2. Securities Contracts (Regulation) Act, 1956 (SCRA) and
    3. Depositories Act, 1996
    4. Companies Act, 2013
    • The framing of these laws reflect the evolution and development of the capital market in India.

    Brief explanation of each acts-

    (1) Securities and Exchange Board of India Act, 1992 (SEBI Act)

    (2) Securities Contracts (Regulation) Act, 1956 (SCRA)

    • The SCRA empowers SEBI to recognise (and derecognise) stock exchanges, prescribe rules and bye laws for their functioning, and regulate trading, clearing and settlement on stock exchanges.

    (3) Depositories Act, 1996

    • As part of the development of the securities market, Parliament passed the Depositories Act and SEBI made regulations to enforce the provisions.
    • This Act introduced and legitimised the concept of dematerialised securities being held in an electronic form.
    • Today almost all the listed securities are held in dematerialised form.

    (4) Companies Act, 2013

    • It is an Act of the Parliament on Indian company law that regulates incorporation of a company, responsibilities of a company, directors, and dissolution of a company.
    • It stipulates the type of Companies that can be formed such as- Public Ltd., Pt. Ltd., One Person Company ex.

    Key role-player: SEBI

    • SEBI set up the infrastructure for doing this by registering depositories and depository participants.
    • The depository regulations empower SEBI to regulate functioning of depositories and depository participants by prescribing eligibility conditions, periodic inspections and powers to impose penalties including suspending or cancelling the registration as well as monetary penalties.

    You should know this!

    Shares and stocks both represent ownership in a company, but they are not the same thing

    • A share is a unit of ownership in a company. It represents a portion of the company’s capital, and the shareholder is entitled to a corresponding portion of the company’s profits or losses.
    • A company can issue different types of shares with varying rights, such as voting rights or dividend payments.
    • Stock, on the other hand, is a broader term that refers to the total capital raised by a company through the issuance of shares.
    • It represents the ownership of a company as a whole, rather than an individual unit of ownership.
    • So, shares are a component of stock, and owning shares of a company means owning a portion of the company’s stock. Stock represents the aggregate value of a company and includes all its shares.

    Can SEBI step in to curb market volatility?

    • No direct meddling: While SEBI does not interfere to prevent market volatility, exchanges have circuit filters — upper and lower — to prevent excessive volatility.
    • Issue directions: SEBI can issue directions to those who are associated with the market, and has powers to regulate trading and settlement on stock exchanges. Using these powers, SEBI can direct stock exchanges to stop trading, totally or selectively.
    • Instant regulation: It can also prohibit entities or persons from buying, selling or dealing in securities, from raising funds from the market and being associated with intermediaries or listed companies.

    What about stock exchanges?

    • The SCRA has empowered SEBI to recognise and regulate stock exchanges and later commodity exchanges in India; this was earlier done by the Union government.
    • In fact, the term “securities” is defined in the SCRA and powers to declare an instrument as a security remain vested in SEBI.
    • The rules and regulations made by SEBI under the SCRA relate to listing of securities like equity shares, the functioning of stock exchanges including control over their management and administration.
    • These include powers to determine the manner in which a settlement is done on stock exchanges (and to keep them with the times for e.g. T+1) etc.
    • It seeks to protect the interests of investors by creating an Investor Protection Fund for each stock exchange.

    Safeguards against fraud

    • Fraud undermines regulation and prevents a market from being fair and transparent. To prevent the two key forms of fraud, market manipulation, and insider trading, SEBI notified-
    1. Prohibition of Fraudulent and Unfair Trade Practices Regulations, 1995
    2. Prohibition of Insider Trading Regulations, 1992
    • These regulations, read with provisions of the SEBI Act, define species of fraud, who is an insider and prohibit such fraudulent activity and provide for penalties including disgorgement of ill-gotten gains.
    • It must be noted that violation of these regulations are predicate offences that can lead to a deemed violation of the Prevention of Money Laundering Act.

    Do you know?

    • SEBI has been given the powers of a civil court to summon persons, seize documents and records, attach bank accounts and property, and to carry out investigations.
    • Using these powers, SEBI has acted against entities and individuals like Satyam, Sahara India, Ketan Parekh and Vijay Mallya.

     

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  • Underwater noise emissions pose threat to Indian Marine species: Study

    noise

    Central idea: The rising man-made (anthropogenic) underwater noise emissions (UNE) from ships in the Indian waters are posing a threat to the life of marine mammals like Bottlenose Dolphin, Manatees, Pilot Whale, Seal, and Sperm Whale.

    What is Underwater Noise Emissions (UNE)?

    • Underwater noise emissions (UNE) refer to sounds that are produced underwater as a result of various human activities such as shipping, oil and gas exploration, military sonar, and construction.
    • UNE can have a significant impact on marine life, as many marine animals rely on sound for communication, navigation, and foraging.
    • Excessive underwater noise can interfere with these activities, and can even cause physical harm to marine animals in some cases.
    • As a result, there is growing concerned about the potential impact of UNE on marine ecosystems, and efforts are being made to better understand and mitigate these impacts.

    UNE and marine life

    • Impacts behavioural aspects: The main form of energy for multiple behavioural activities of marine mammals, which include mating, communal interaction, feeding, cluster cohesion and foraging, is based on sound.
    • Threats posed by UNE: The sound that radiates from ships on a long-term basis affects them and results in internal injuries, loss of hearing ability, change in behavioural responses, masking, and stress.

    Key findings about Indian waters

    • Continuous shipping movement is identified to be a major contributor to the increase in the global ocean noise level.
    • The UNE or underwater sound pressure levels in the Indian waters are 102-115 decibels, relative to one microPascal (dB re 1µ Pa).
    • The East Coast level is slightly higher than that of the West, where there is an increase by a significant value of about 20 dB re 1µPa.
    • “The frequencies of ships’ underwater self-noise and machinery vibration levels are overlapping the marine species’ communication frequencies in the low-frequency range of less than 500 Hz.
    • This is called masking, which could have led to a change in the migration route of the marine species to the shallow regions and also making it difficult for them to go back to the deeper water.

     

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  • Diyodar meteorite in 2022 was India’s first Aubrite in 170 years

    meteorite

    Central idea: A rare and unique meteorite, known as the Diyodar meteorite, was discovered in Banaskantha, Gujarat in December 2022. It is significant because it is the first aubrite to be found in India in 170 years.

    What are Aubrites?

    • Aubrites are a type of meteorite that are believed to have formed on a different planet in the early solar system.
    • They are known for their unusual mineralogy and composition and are believed to have originated from a differentiated parent body, such as an asteroid or a planetesimal.
    • They are primarily composed of a mineral called enstatite, which is a magnesium-rich silicate. They also contain other minerals such as nickel-iron, troilite, and chromite.
    • Aubrites are relatively rare, comprising only about 0.1% of all known meteorites.
    • They are believed to have formed under highly reducing conditions, with very little oxygen present.

    Meteorite found in Diyodar, Gujarat

    • The Diyodar meteorite is thought to be around 4.5 billion years old, and it is believed to have originated from the asteroid belt between Mars and Jupiter.
    • Its discovery provides scientists with an opportunity to study the composition and structure of these unique meteorites.
    • This, in turn, can help researchers to better understand the early solar system and the processes that led to the formation of planets.

    Its composition

    • Around 90% of the meteorite was composed of orthopyroxene.
    • Pyroxenes are silicates consisting of single chains of silica tetrahedra (SiO 4); orthopyroxenes are pyroxenes with a certain structure.
    • Pyroxenes such as diopside and jadeite have been used as gems. Spodumene was historically used as lithium ore.
    • Rocks with pyroxene have also been used to make a crushed stone that is used in construction.

     

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  • The question in the minds of students: How to be future-ready?

    students

    Central Idea

    • Intelligent Machines are revealing glimpses of a future envisaged long ago in science fiction as they steadily morph from human-assist systems to systems-as-human. The currently indispensable face obsolescence. The question in the minds of students entering college is this: How to be future-ready?

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    Learn quickly to swim through these rapidly evolving times

    • Work at the edges of disciplines: Now, one not only needs to be competent in a major area but also learn new topics quickly and deeply and be able to work at the edges of disciplines, while innovating constantly.
    • Skills are new oil: Capability is judged not only by grades, but also by skills demonstrated in complex situations.
    • Rapidly changing times: Worth will also be measured vis-a-vis Artificial Intelligence. Critical and original thinking, quality communication, IQ-EQ balance, and ethics will remain important strengths for swimming through these rapidly evolving times.
    • Change is already in the air: Students and institutions are evolving, the former much faster, to assimilate advancements and prepare for the times ahead.
    • Colleges must enable students to follow flexible pathways: There are options for dual degrees, minors, specialisations across disciplines in their home institutions as well as certifications from worldwide venues. External experiences like internships in industry, academia, research institutions and start-ups add value to a candidate’s capability repertoire.

    students

    What is needed to prepare for entering the world?

    1. Move across disciplines
    • A combination of core and transdisciplinary professional competence: To be prepared for the future, one needs to learn new things quickly and thoroughly, constantly sharpening one’s cutting edge. This attitude needs to be ingrained at this stage.
    • Average performance and shallow knowledge are a recipe for disaster: It is also necessary to demonstrate personal excellence in a few relevant areas. Completing tasks well is really important.
    1. Learn to add value to machine intelligence
    • Grasp and utilise Automation effectively: Automation is not only relieving us of mundane work but slowly and steadily encroaching upon tasks meant for so-called intelligent humans and doing them better. One must effectively grasp and utilise it rather than fear and shy away.
    • For instance, learn from open sources: Many students are building amazingly smart systems using open-source platforms and off-the-shelf components with ambitions to take on giants.
    • Using Artificial Intelligence with consciously: Learning to add value to machine intelligence for solving complex problems better is the mantra here. For this, one needs to understand how it works, what are its current limitations and pitfalls, develop deeper insights and innovate. Blind usage of Artificial Intelligence could be dangerous.
    1. Learn to collaborate
    • Ability to work both alone as well as in a group: The next proficiency to develop is to be able to work both alone as well as in a group, to creatively ideate, lead and collaborate towards success. Often, people who work alone find it difficult working in a team and vice versa. Now both aptitudes are required.
    • Entrepreneurial spirit of sprinting is must: One requires a special bonding of steadiness with speed, constant ideation with dogged persistence. Such an entrepreneurial spirit of sprinting a long-distance race steadily, sometimes in a team, sometimes alone will be needed at every stage of a career, whether at the peak of success or in the trenches of failure.
    1. Remain human
    • Intellectual-emotional balance: Technology has an interesting way of transforming human beings into automatons without the victim being aware. With extensive usage, people begin to think and behave the way machines work. Therefore, a critical aspect to nurture is to remain human.
    • Learn to replenish the mind and body regularly: It is vital to nourish a soulful side through sports, arts, culture, philosophy and humanitarian work, not just as part of a curriculum, but as a passion where one can be blissfully immersed, forgetting everything else for some time.

    students

    Conclusion

    • In the rapidly-evolving world, the key to success is to be future-ready by developing a unique combination of skills that set us apart from machines. Colleges and universities must enable students to follow flexible pathways, combining core and transdisciplinary professional competence, completing tasks well, and developing personal excellence in relevant areas. By embracing these ideas and staying ahead of the curve, we can be confident in our ability to thrive in an increasingly automated and technology-driven world.

    Main question

    Q. The future of society is not as much dependent on whether machines will become human-like but more on whether humans will become machines. Discuss

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  • An Overview : UAPA and The Concerns

    UAPA

    Central Idea

    • India’s anti-terror law, the Unlawful Activities (Prevention) Act (UAPA), has been misused and turned into a tool of terror. There are two examples of this misuse in recent times. In 2021, Muhammad Manan Dar, a young Kashmiri photojournalist, was arrested and imprisoned for documenting the daily lives of common Kashmiris with his camera. A year earlier, another journalist, Sidheeque Kappan, was charged with participating in a plot to ignite rioting in Hathras, Uttar Pradesh.

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    Unlawful (Activities) Prevention Act (UAPA)

    • Background: The Unlawful Activities (Prevention) Act is an anti-terrorism law in India that was first introduced in 1967.
    • Purpose: The purpose of UAPA is to prevent unlawful activities that threaten the sovereignty and integrity of India.
    • Amendments: UAPA has undergone several revisions since its introduction, with each revision making the law more stringent. Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, terrorist act was added to the list of offences.
    • Provisions: UAPA provides for the designation of individuals and organizations as “terrorists” and allows for their arrest and detention without trial for up to 180 days.
    • Criticisms: UAPA has been criticized for being used to stifle dissent and suppress political opposition. Critics argue that the law is vague and overbroad, allowing for its misuse and abuse.

    What is Terrorist and Disruptive Activities (Prevention) Act (TADA)?

    • Overview: TADA was an anti-terrorism law in India and enacted in 1985 and was in force until 1995. It was enacted to strengthen the legal framework to deal with terrorist activities in India.
    • Provisions: TADA provided for the detention of suspects without trial for up to 180 days. It also allowed the setting up of special courts to conduct trials in cases related to terrorism and provided for the admissibility of confession made to a police officer. TADA also made certain activities punishable as terrorist acts, including illegal arms trade, financing terrorism, and disrupting the sovereignty of India.
    • Criticism: TADA was also criticized for its vague and broad definition of terrorism, which allowed for the targeting of political dissidents.
    • Repeal: TADA was allowed to lapse in 1995 after it was deemed to be incompatible with the Indian Constitution and the principles of democracy and the rule of law. The law was replaced with the Prevention of Terrorism Act (POTA) in 2002, which was also criticized for its draconian provisions and misuse by law enforcement agencies.

    What is Prevention of Terrorism Act 2004 (POTA)?

    • Objective: To provide the government with legal tools to combat terrorism and punish those who support or engage in terrorist activities.
    • Key Provisions: Broad powers to investigate and prosecute individuals suspected of terrorism-related activities. Power to detain suspects for up to 180 days without charge. Use of confessions made to police officers as evidence in court
    • Criticism: Potential for misuse and infringement on civil liberties. Could be used to target religious and ethnic minorities. Could be used to silence political dissent
    • Repealed: 2004 by the United Progressive Alliance government, citing concerns about misuse and potential for human rights abuses.
    • Replacement: Some provisions of POTA were incorporated into the Unlawful Activities Prevention Act (UAPA), which remains in force in India today.

    Worrying statistics

    • UAPA has one of the worst records for prosecution success.
    • According to a PUCL report in 2022, less than 3 per cent of arrests made under the UAPA resulted in convictions between 2015 and 2020.
    • Only 1,080 of the 4,690 people detained under the UAPA between 2018 and 2020 received bail, according to the report.
    • Unlike TADA and POTA, UAPA has never been constitutionally reviewed. Its repeated abuse is a blot on our democracy.

    UAPA

    Some of the key concerns regarding the UAPA

    • Misuse: The UAPA has been criticized for being misused by authorities to target human rights defenders, activists, and dissenters. Critics argue that the act has been used to stifle free speech and to quell any form of peaceful protests.
    • Lack of accountability: The UAPA allows for the designation of an individual or organization as a terrorist entity, without providing adequate means for challenge or appeal, which many argue is against the principles of natural justice.
    • Vagueness: The definitions of “terrorist acts” under the UAPA are broad and vague, and can be interpreted in a way that infringes on the freedom of speech and assembly, leading to the potential for misuse.
    • Restrictions on bail: The UAPA has provisions that make it difficult for people charged under the act to obtain bail, as it requires that the accused show that they are not guilty, shifting the burden of proof from the prosecution to the accused.
    • Excessive punishment: The UAPA provides for harsh punishments, including life imprisonment and the death penalty, for offenses related to terrorism, which many argue are disproportionate and infringe on human rights.

    Why UAPA is necessary?

    • Legal tools to investigate: The UAPA provides the government with legal tools to investigate and prosecute individuals and organizations involved in terrorist activities.
    • Special courts to conduct trials: It allows for the setting up of special courts to conduct trials in cases related to terrorism and provides for stringent punishment for offenses related to terrorism. It also allows the government to designate individuals or organizations as terrorist entities and freeze their assets.
    • Necessary measure to maintain sovereignty and integrity: The act is aimed at countering not just terrorism but also other forms of unlawful activities, such as organized crime, money laundering, and trafficking. It is considered to be a necessary measure to maintain the sovereignty and integrity of the nation, and to protect the lives and property of its citizens.
    • To balance national security and civil liberties: It is necessary to strike a balance between national security and protection of civil liberties. The act can be an effective tool in the fight against terrorism, as long as it is implemented in a fair and just manner and its provisions are not misused to stifle legitimate forms of dissent or activism.

    Conclusion

    • Concerns over the UAPA highlight the need for a balanced approach in the fight against terrorism, one that protects national security while also ensuring the protection of fundamental rights and freedoms.

    Mains question

    Q. UAPA is continuously in the headlines from the time of its inception. Discuss the concerns and necessity of such Act.

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  • What is Special Marriage Act, 1954?

    marriage

    Central idea: An actress recently held her interfaith-marriage under the Special Marriage Act, 1954.

    What is the Special Marriage Act?

    • The Special Marriage Act of 1954 (SMA) was passed by the Parliament on October 9, 1954.
    • It governs a civil marriage where the state sanctions the marriage rather than the religion.
    • The minimum age to get married under the SMA is 21 years for males and 18 years for females.

    Why was it enacted?

    Ans. Interfaith/ Inter-caste Marriages

    • Issues of personal law such as marriage, divorce, adoption are governed by religious laws that are codified.
    • These laws, such as the Muslim Marriage Act, 1954, and the Hindu Marriage Act, 1955, require either spouse to convert to the religion of the other before marriage.
    • However, the SMA enables marriage between inter-faith or inter-caste couples without them giving up their religious identity or resorting to conversion.

    Why is it ‘Special’?

    • Detachment from the family: Once married as per the secular law, under Section 19 of the Act, any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jain religion shall be deemed to affect their severance from the family.
    • Losing inherited property: This would affect rights, including the right to inheritance, of the persons choosing to marry under the SMA.

    Who can get married under the Special Marriage Act?

    • The applicability of the Act extends to the people of all faiths, including Hindus, Muslims, Sikhs, Christians, Sikhs, Jains, and Buddhists, across India.
    • Some customary restrictions such as parties not being within degrees of a prohibited relationship still apply to couples under SMA.
    • In 1952, when the Bill was proposed, the requirement of monogamy was considered radical.
    • Section 4 of the SMA requires that at the time of marriage, “neither party has a spouse living” or is “incapable of giving a valid consent to it in consequence of unsoundness of mind”.

    What is the procedure for a civil marriage?

    • As per Section 5 of the Act, the parties to the marriage are required to give a notice, in writing, to a “Marriage Officer” of the district in which at least one of the parties has resided for at least 30 days immediately preceding the notice.
    • Before the marriage is solemnized, the parties and three witnesses are required to sign a declaration form before the Marriage Officer.
    • Once the declaration is accepted, the parties will be given a “Certificate of marriage” which is essentially proof of the marriage.

    Furore over such marriages

    Ans. Religious conversion has emerged as the practical way to cohabit as a couple, in a country where neither the inter-faith, inter-caste nor the live-in couples can earn societal approval.

    • As per some Personal laws, in order to get married conversion of religion to get equalized is the only way.
    • There are cases of being allegedly lured and honey-trapped by men and those girls now seeking their help to free themselves.
    • Interfaith marriages these days are believed to be a forced conversion of the women spouses.
    • Fundamentalists’ claims that men of a particular religion are trained on the intricacies of religious doctrine to allure other religion women for marriage in an attempt to finish off her religion.

     

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  • Nominated members cannot vote in Delhi Mayor Poll: Supreme Court

    Central idea: The Supreme Court ordered the Lieutenant Governor of Delhi to notify the first meeting of the Municipal Corporation of Delhi to elect a Mayor within 24 hours and held that nominated members cannot vote in these polls.

    What is the issue?

    • The issue at hand is whether the nominated members of the Municipal Corporation of Delhi should be allowed to vote in the mayoral polls.
    • A Party had challenged the eligibility of the nominated members to vote, arguing that they were appointed by the Delhi government and were therefore not neutral.
    • The Supreme Court of India has now ruled that the nominated members cannot vote in the mayoral polls.

    What has the Supreme Court ruled?

    • The Bench did not agree with the L-G’s contention that nominated members could vote in the first meeting.
    • The court pointed out that Article 243R of the Constitution did not distinguish between the first and regular meetings.

    Who is a Mayor?

    • In India, the mayor is the head of a municipal corporation, which is responsible for providing essential services and infrastructure to the residents of a city or town.
    • The mayor is usually elected by the members of the municipal corporation or council, and serves as the ceremonial head of the local government.

    History of Mayor’s elections in India

    • Municipal corporation mechanisms in India was introduced during British Rule with formation of municipal corporation in Madras (Chennai) in 1688, later followed by municipal corporations in Bombay (Mumbai) and Calcutta (Kolkata) by 1762.
    • However the process of introduction for an elected President in the municipalities was made in Lord Mayo’s Resolution of 1870.
    • Since then the current form and structure of municipal bodies followed is similar to Lord Ripon’s Resolution adopted in 1882 on local self-governance.
    • The 74th Constitutional Amendment Act of 1992 was introduced providing for the transfer of 18 different powers to urban local bodies, including the election of a mayor and to recognise them which included Municipal Corporations, Nagar Panchayats, and Municipal Councils.

    Elections and tenure

    • The method of electing mayor and their tenure varies for each city in India.
    • In Bengaluru (Karnataka) the election process is indirect with a tenure being for one year, in Mumbai (Maharashtra) it follows indirect elections with tenure for 2.5 years and Bhopal (Madhya Pradesh) follows a directly elected mayor with a term for 5 years.

    Roles and Responsibilities

    • Governs the local civic body.
    • Fixed tenure varying in different towns.
    • First citizen of city.
    • Has two varied roles — Representation and upholding of the dignity of the city during ceremonial times and a presiding over discussions of the civic house with elected representatives in functional capacity.
    • The Mayor’s role is confined to the corporation hall of presiding authority at various meetings relating to corporation.
    • The Mayor’s role extends much beyond the local city and country as the presiding authority at corporation meetings during visits of a foreign dignitary to the city as he is invited by the state government to receive and represent the citizens to the guest of honour.
    • At government, civic and other social functions he is given prominence.

     

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  • Species in news: Pangolins

    pangolin

    The World Pangolin Day was observed on February 18.

    Why in news?

    • A not-for-profit organization working on the international trade of animals and plants, has brought out a fact sheet reporting that 1,203 pangolins have been found in illegal wildlife trade in India from 2018 to 2022.

    Pangolins

    IUCN status: Endangered

    • India is home to two species of pangolin.
    • While the Chinese Pangolin (Manis pentadactyla) is found in northeastern India, the Indian Pangolin is distributed in other parts of the country as well as Sri Lanka, Bangladesh and Pakistan.
    • Both these species are protected and are listed under the Schedule I Part I of the Wild Life (Protection) Act, 1972 and under Appendix I of the Convention on International Trade in Endangered Species (CITES).
    • Commonly known as ‘scaly anteaters’, the toothless animals are unique, a result of millions of years of evolution.
    • Pangolins evolved scales as a means of protection. When threatened by big carnivores like lions or tigers they usually curl into a ball.
    • The scales defend them against dental attacks from the predators.

    Why protect Pangolins?

    • Pangolins are currently the most trafficked wildlife species in the world.
    • These Scales has now become the main cause of the pangolin’s disappearance.
    • The scales are in high demand in China, where they are used in traditional Chinese medicine.
    • Pangolin meat is also in high demand in China and Southeast Asia.
    • Consequently, pangolins have seen a rapid reduction in population globally. The projected population declines range from 50 per cent to 80 per cent across the genus.

     

    Try this PYQ:

    Consider the following animals:

    1. Hedgehog
    2. Marmot
    3. Pangolin

    To reduce the chance of being captured by predators which of the above organisms rolls up/roll up and protects/protect its/their vulnerable parts?

    (a) 1 and 2

    (b) 2 only

    (c) 3 only

    (d) 1 and 3

     

    [wpdiscuz-feedback id=”k95x3s7c8y” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Purse Seine Fishing Gear: A Questionable Fishing Method

    Fishing

    Central Idea

    • The Supreme Court of India has allowed purse seine fishing gear to be used for fishing beyond territorial waters (12 nautical miles) and within the Exclusive Economic Zone (EEZ) (200 nautical miles) of Tamil Nadu, subject to certain restrictions. However, the interim order is primarily concerned with regulating fishing through administrative and transparency measures rather than addressing conservation measures and obligations mandated by the UNCLOS. The use of purse seine fishing gear poses a threat to traditional fishermen and endangers the livelihoods of these fishermen.

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    Fishing

    What is Seine fishing gear?

    • Seine fishing gear is a type of fishing equipment used to catch fish in large quantities.
    • It consists of a long net that is suspended vertically in the water with the help of floats and weights. The net is then hauled through the water by two boats, which are called seine boats. The boats move towards each other, pulling the net between them and trapping fish in the process.
    • Seine fishing can be done in various ways, including purse seining, beach seining, and boat seining, among others.
    • The type of seine fishing gear used depends on the size of the fish being targeted and the location of the fishing activity.

    About United Nations Convention on the Law of the Sea (UNCLOS)

    • Law of the Sea treaty: UNCLOS is sometimes referred to as the Law of the Sea Convention or the Law of the Sea treaty. It came into operation and became effective from 16th November 1982.
    • Defines rights and responsibilities with respect to oceans: It defines the rights and responsibilities of nations with respect to their use of the world’s oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources.
    • It has created three new institutions on the international scene: International Tribunal for the Law of the Sea, 2. International Seabed Authority, 3. Commission on the Limits of the Continental Shelf

    Fishing

    Conservation and conventions

    • Sovereign rights of coastal states: Under Articles 56.1(a) and 56.1(b)(iii) of UNCLOS, coastal states have sovereign rights to ensure that the living and non-living resources of the EEZ are used, conserved and managed, and not subject to overexploitation.
    • Coastal states discretion: Access to the zone by foreign fleets is also solely within the coastal state’s discretion and subject to its laws and regulations.
    • Total allowable catch in EEZ: In order to prevent overexploitation, coastal States must determine the total allowable catch (TAC) in the EEZ (Articles 61(1) and (2) of UNCLOS) in light of the best scientific evidence available.
    • Conservation of Southern Bluefin Tuna (SBT) 1993: The crux of the SBT is TAC and distribution of allocations among the parties to the SBT, which are very relevant from the angle of conservation of general fishery.

    Did you know?

    • The rise in occurrence of jellyfish indicates rising ocean water temperature.
    • Presence of jellyfish in the area indicates the reduction in the fish population.

    Fishing

    What are the concerns over the move?

    • Regulation is not sufficient: Merely restricting the purse seiner to fish on two days Monday and Thursday from 8 a.m. to 6 p.m. (in the Court order) is not sufficient without regulating the fishing methods used.
    • Insufficient catch for traditional fishermen: International legal efforts are gradually moving in the direction of abandoning the use of large-scale pelagic nets. The huge size of the purse seine nets (2,000 metres in length and 200 m in depth) allows maximum catch for the purse seiners, in turn leaving behind insufficient catch for traditional fishermen.
    • Efforts under TAC might face scientific uncertainty: TAC and the catch quotas are aimed at putting sustainable use into practice among fishermen and maintaining maximum sustainable yield (MSY). The efforts to implement TAC and catch quota might face scientific uncertainty relating to safe limits to ensure MSY.

    Way ahead

    • The Court’s final judgment needs to look into non-selective fishing methods by purse seiners resulting in the by-catch of other marine living species (which could include, many a times, endangered species) a potential ground for trade embargo.
    • The top court should seek guidance from the obligations arising from the multilateral and regional conventions which are meant to bring in sustainable fishing practices over a certain period of time, thereby allowing a common resource such as fish to be naturally replenished.

    Conclusion

    • Despite the best conservation measures and regulation of fishing methods adopted by the authorities, it will be a challenge in dealing with the limitless character of the seas which renders a common resource such as fish available for exploitation by all. The theory of Garrett Hardin, ‘The Tragedy of the Commons’, which says ‘Freedom in a commons brings ruin to all’ should convince all “fishermen, especially the purse seiners of Tamil Nadu, that they must cooperate in complying with conservation measures.

    Mains question

    Q. The Supreme Court of India has allowed purse seine fishing gear to be used for fishing beyond territorial waters. In this backdrop Discuss what is purse seine fishing gear its advantages and the concerns.

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  • Parliamentary Constituencies (PCs) and The Data Gap

    Central Idea

    • India’s parliamentary constituencies (PCs) serve a dual role as geographical and administrative policy units headed by democratically elected Members of Parliament (MPs), The PCs require timely and available data on critical issues related to population health and socioeconomic well-being. The lack of such data at the PC level hinders MPs from effectively engaging with their constituents to fulfil their needs and aspirations.

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    Parliamentary constituencies (PCs)

    • PCs are geographic areas or districts. Each parliamentary constituency is represented by a Member of Parliament (MP), who is elected by the people of that constituency in a general election.
    • The number of seats allocated to each state is based on its population
    • The MP is responsible for representing the interests and concerns of their constituents in the Parliament, and for taking up issues related to their development and well-being.

    Who generates data on parliamentary constituencies?

    • Election commission is the primary authority: In India, the Election Commission is responsible for providing timely data on PCs. The ECI works in collaboration with various government departments and agencies, as well as local authorities, to collect and verify data on demographics, geography, and other factors that are relevant to the delimitation of constituencies.
    • Periodic delimitation: The process of delimitation, which involves the division of each state into a certain number of constituencies based on population and other criteria, is carried out periodically by the ECI to ensure that representation in the Lok Sabha is fair and equitable.
    • Census and NFHS: In addition to the Election Commission, various government agencies and departments may also be involved in generating data related to PCs, such as the Census of India, NFHS and the Ministry of Home Affairs.

    Issue with timely and accessible data of the PCs

    • Lack of Data Availability at the PC Level: India’s 543 PCs require timely and readily available data on population health and socioeconomic well-being. At present, such data is lacking at the PC level.
    • Limitations of National Data Sharing and Accessibility Policy (NDAP): With the launch of the NDAP in 2012, the Government of India made an effort to make data related to population health and well-being more accessible. However, district-level data, which has emerged as a key input for policy deliberations, does not help the PC have the same data.
    • Inadequate Representation or overlap of PC Boundaries: The district and PC boundaries do not correspond straightforwardly with each other. The districts and PCs overlap, and a district can have parts of or an entirety of multiple PCs intersecting it.
    • For instance: Approximately, only 28 PCs have the same geometry as the districts, and in the remaining PCs, there are various ways in which districts intersect PCs.
    • Misrepresentation hinders MPs in fulfilling responsibilities in their respective PCs: This misrepresents the constituents’ size and composition and hinders MPs from fulfilling their responsibilities towards their constituents effectively.

    Importance of timely and updated district level data

    • Planning and resource allocation: Updated data on districts helps in better planning and allocation of resources, including financial and human resources.
    • For instance: if data shows that a particular district is facing a shortage of doctors, policymakers can allocate more resources to address the issue.
    • Effective implementation of policies: Timely and accurate data helps policymakers to design and implement policies that are better suited to the needs of specific districts.
    • For example: if data shows that a particular district has high levels of malnutrition, policymakers can design and implement a nutrition program that is tailored to that specific district.
    • Monitoring progress: Regularly updated data on districts helps in monitoring progress and assessing the effectiveness of policies and programs implemented in specific districts. If data shows that a particular policy is not producing the desired results, policymakers can make necessary changes or adjustments to the policy.
    • Identifying emerging issues: Timely data on districts can help in identifying emerging issues or challenges. Covid pandemic was good example of district level management of the crisis. This information can help policymakers to take prompt and appropriate action to mitigate the problem.

    What needs to be done?

    • Empowering MPs with Accurate Data:
    1. MPs must be empowered with accurate data that relates to the populations they have been elected to serve.
    2. MPs need to liaise with multiple district administrations effectively to function efficiently and independently.
    • District Coordination and Monitoring Committee:
    1. To improve the synergy between district administration and elected representatives, the Ministry of Rural Development issued an order in 2016 to all states and Union Territories to constitute a District Coordination and Monitoring Committee (DDMC), chaired by district MPs.
    2. The DDMC charged with making the implementation and monitoring of central schemes more efficient. However, the data still pertains to districts and not PCs.
    • Addressing the PC Data Gap with an Interactive PC Data Tracker:
    1. A new interactive PC data tracker developed by the Geographic Insights Lab at Harvard University has for the first time provided data on crucial population, health, and well-being estimates for each of the 543 PCs, including a fact sheet for each PC.
    2. The data underlying the PC dashboard comes from the NFHS-4 and NFHS-5 (2019-2021).
    3. The methodology powering the PC tracker provides a solution to the existing PC data gap.
    4. The tracker uses GPS coordinates to map existing NFHS survey clusters onto PC boundary maps, from which indicator prevalence estimates for each PC are estimated.

    Way Ahead

    • It is necessary to bridge the data gap at the PC level to enable MPs to serve their constituents efficiently and independently.
    • The new interactive PC data tracker is a useful tool for MPs to understand and prioritize the issues most impacting their communities.
    • A more durable solution would entail that all datasets related to population health and socioeconomic well-being be available at the PC level.

    Conclusion

    • In recent years, India’s elected officials have been engaged more extensively in articulating and shaping the policy agenda. Bringing timely and frequent data on issues that matter for population health and well-being to PCs can bring much symmetry and synergy between districts.

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