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  • Red Sanders falls back in IUCN’s ‘endangered’ category

    Red Sanders (Red Sandalwood) has fallen back into the ‘endangered’ category in the International Union for Conservation of Nature’s (IUCN) Red List.

    A recently released and trending Telugu movie plot provides a fictional account of red sandal smuggling.

    About Red Sanders

    • The species, Pterocarpus santalinus, is an Indian endemic tree species, with a restricted geographical range in the Eastern Ghats.
    • It is endemic to a distinct tract of forests in Andhra Pradesh.
    • It is mainly found in Chittoor, Kadapa, Nandhyal, Nellore, Prakasam districts of Andhra Pradesh.
    • It was classified as ‘near threatened’ in 2018 and has now joined the ‘endangered’ list once again in 2021.
    • It is listed under Appendix II of CITES and is banned from international trade.

    Status of legal protection in India

    • The Union Environment Ministry had decided to keep Red Sanders (red sandalwood) OUT of the Schedule VI of Wild Life Protection Act, 1972, arguing that this would discourage the cultivation of the rare plant species.
    • Schedule VI regulates and restricts the cultivation, possession, and sale of a rare plant species.

    Significance of listing

    • It was a moment of celebration when the species was lifted off from the endangered category for the first time since 1997.
    • Over the last three generations, the species has experienced a population decline of 50-80 percent.
    • It is also scheduled in appendix II of the CITES and Wildlife Protection Act.

    Threats to this species

    • Red Sanders are known for their rich hue and therapeutic properties, are high in demand across Asia, particularly in China and Japan.
    • They are used in cosmetics and medicinal products as well as for making furniture, woodcraft and musical instruments.
    • Its popularity can be gauged from the fact that a tonne of Red Sanders costs anything between Rs 50 lakh to Rs 1 crore in the international market.

    Try this question from CSP 2016:

    Q.With reference to ‘Red Sanders’, sometimes seen in the news, consider the following statements:

    1. It is a tree species found in a part of South India.
    2. It is one of the most important trees in the tropical rain forest areas of South India.

    Which of the above statements is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

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    Back2Basics: Red List Categories of IUCN

    Species are classified by the IUCN Red List into nine groups specified through criteria such as rate of decline, population size, area of geographic distribution, and degree of population and distribution fragmentation. They are:

    • Extinct (EX) – beyond reasonable doubt that the species is no longer extant.
    • Extinct in the wild (EW) – survives only in captivity, cultivation and/or outside native range, as presumed after exhaustive surveys.
    • Critically endangered (CR) – in a particularly and extremely critical state.
    • Endangered (EN) – very high risk of extinction in the wild, meets any of criteria A to E for Endangered.
    • Vulnerable (VU) – meets one of the 5 red list criteria and thus considered to be at high risk of unnatural (human-caused) extinction without further human intervention.
    • Near threatened (NT) – close to being at high risk of extinction in the near future.
    • Least concern (LC) – unlikely to become extinct in the near future.
    • Data deficient (DD)
    • Not evaluated (NE)

     

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  • National Ambient Air Quality Standards (NAAQS)

    Delhi and most of the other non-attainment cities under the National Clean Air Programme (NCAP) have shown only a marginal improvement, said a new analysis released.

    About NCAP

    • The NCAP was implemented across India in 2019 to reduce particulate matter levels in 132 cities by 20-30% in 2024.
    • Cities are declared non-attainment if they consistently fail to meet the National Ambient Air Quality Standards (NAAQS) over a five-year period.

    What are NAAQ standards?

    • The mandate provided to the Central Pollution Control Board (CPCB) under the Air (Prevention and Control of Pollution) Act empowers it to set standards for the quality of air.
    • Hence the current National Ambient Air Quality Standards were notified in November 2009 by the CPCB.
    • Prior to this, India had set Air Quality standards in 1994, and this was later revised in 1998.
    • The 2009 standards further lowered the maximum permissible limits for pollutants and made the standards uniform across the nation.
    • Earlier, less stringent standards were prescribed for industrial zones as compared to residential areas.

    Pollutants covered:

    • Sulphur Dioxide (SO2)
    • Nitrogen Dioxide (NO2),
    • Particulate Matter (size less than 10 µm) or PM 10
    • Particulate Matter (size less than 2.5 µm) or PM2.5
    • Ozone (O3)
    • Carbon Monoxide (CO)
    • Ammonia (NH3)

    (Air Pollutants that most of us NEVER heard of:)

    • Lead
    • Benzene (C6H6)
    • Benzo(a)Pyrene (BaP)
    • Arsenic(As)
    • Nickel (Ni)

    Source: Arthpaedia

     

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  • [Burning Issue] Gig Economy in India

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    The surge in demand for gig workers, particularly in the shared services and logistics segments, in the aftermath of the Covid-19 pandemic led to mushrooming of job discovery platforms.

    What is the gig economy?

    • In a gig economy, temporary, flexible jobs are commonplace and companies tend toward hiring independent contractors and freelancers instead of full-time employees.
    • A gig economy undermines the traditional economy of full-time workers who rarely change positions and instead focus on a lifetime career. e.g Employee models of Uber, Ola, Swiggy etc
    • In this economy, tech-enabled platforms connect the consumer to the gig worker to hire services on a short-term basis. Gig workers include self-employed, freelancers, independent contributors and part-time workers.
    • This project-based gig economy allows the service adopter to cut overhead costs, and the gig worker to get paid for a specific task performed instead of receiving a fixed salary.
    • The gig economy can benefit workers, businesses, and consumers by making work more adaptable to the needs of the moment and demand for flexible lifestyles.
    • At the same time, the gig economy can have downsides due to the erosion of traditional economic relationships between workers, businesses, and clients.
    • Sectors such as media, real estate, legal, hospitality, technology-help, management, medicine, allied and education are already operating in gig culture.

    Is Gig economy a new concept?

    • The ‘Gig concept’ is very common in advanced countries like the US, Europe, who hire part time workers.
    • With freelancing evolving into the Gig Economy, the concept is attracting a lot of people in India as well.
    • Gig economy is remunerative and gives a wide range of choices but it also leads to casualization of the labor.

    Trends in Gig Economy 

    • The digital gig economy generated a gross volume of approximately $204 bn from worldwide customers in 2018. Transportation-based services contributed to over 50% of this value.
    • The size of the gig economy is projected to grow by a 17% CAGR and generate a gross volume of ~$455 bn by 2023.
    • Digital platforms have emerged as enablers for employment creation with the power to easily discover job seekers and job providers in the absence of middlemen.
    • Due to the rapid developments in technology, the transaction cost for outsourcing non-core activities is reducing and facilitating an increase in the number of tasks which can be performed by each worker.
    • Thus, firms are shrinking in size and we are witnessing a rise in start-ups which are outsourcing many activities to expert service providers on a contractual basis.
    • While the gig economy is popular amongst the blue-collar workers in India, there is now huge potential for the white-collar workers as well, due to increasing demand in industries – project-specific consultants, logo/content design, web design etc.
    • The gig economy is expanding from less skilled services to more skilled jobs.

    Gig Economy in India

    • The COVID-19 pandemic-induced remote working has blurred the age-old skepticism over the efficiency and dependability of contractual or part-time employees, with companies increasingly looking to hire gig workers.
    • As per a report by ASSOCHAM, India’s gig sector is expected to increase to US$455 billion at a CAGR of 17% by 2024 and has the potential to expand at least 2x the pre-pandemic estimates.
    • India has emerged as the 5th largest country for flexi-staffing after US, China, Brazil and Japan. 
    • Haryana, Madhya Pradesh, Andhra Pradesh, Gujarat and Telangana have most opportunities in terms of growth for the flexi-workers.
    • In another estimate, India is likely to have 350 million gig jobs by 2025, presenting a huge opportunity for job seekers to capitalize and adapt to the changing work dynamics.
    • At present, India has a pool of ~15 million freelance workers staffed in projects across IT, HR and designing. In addition, India’s workforce is growing by ~4 million people annually.
    • And as most of them are young millennials, they are showing an increasing preference for gig contracts. This trend is expected to significantly impact gig economy in the near future.

    Key Drivers for Gig Economy

    (1) Unconventional work approach by millennials

    • Hectic lifestyles of employees in private sectors have created a negative perception of full-time employment among millennials.
    • Factors such as growth opportunities, flexibility, better work-life balance and option to not acquire a college degree are encouraging millennials to opt for freelancing opportunities as opposed to corporate work culture.

    (2) Emergence of a start-up culture

    • The start-up ecosystem in India has been developing rapidly. For start-ups, hiring full-time employees leads to high fixed costs and therefore, contractual freelancers are hired for non-core activities.
    • Start-ups are also looking at hiring skilled technology freelancers (on a per project basis) in areas such as engineering, product, data science and ML to bolster their tech platforms.

    (3) MNCs are hiring contractual employees

    • MNCs are adopting flexi-hiring options, especially for niche projects, to reduce operational expenses after the pandemic. This trend is significantly contributing to the gig culture in India.

    (4) Rise in freelancing platforms

    • Rise in freelancing platforms has also aided in the development of the gig economy. Many home-grown platforms such as Upwork, Truelancer and Guru provide access to high-skilled freelancers.
    • The number of freelancing platforms has significantly increased—from 80 in 2009 to 330 in 2021. These platforms boast of a clientele comprising not only start-ups, but also Fortune 500 companies.

    (5) Business Models

    • Gig employees work on various compensation models such as fixed-fee (decided during contract initiation), time & effort, actual unit of work delivered and quality of outcome.
    • The fixed-fee model is the most prevalent; however, time & effort model comes a close second.

    (6) Impact of Covid-19

    • According to the survey, India stands to lose ~135 million jobs because of the pandemic and this is likely to push the full-time workforce towards the gig economy.
    • Moreover, many laid-off employees are focusing on developing skills to avail freelance job opportunities and become a part of this burgeoning economy.

    Why is Gig Economy preferred by workers?

    • One can work on freelancing as well as work full-time somewhere else. Hence it is profitable to the worker as he can hit two targets together and multitask.
    • It is very beneficial for women who work on this concept when they cannot continue their work or take a break from career due to marriage or child birth.
    • Retired people can stay active after retirement as this will keep them engaged away from loneliness and depression and can earn as well on their own rather than depending on their children or pensions.
    • It offers flexibility and diversity to the workers. It offers flexibility when workers can work according to their convenience and schedule rather than routine like in full-time jobs.
    • The travel costs and energy to travel to the workplace is reduced.

    Why is Gig Economy preferred by Employers?

    • The efficiency, efficacy and productivity of workers in gig economy are much more than that of a stable full-time job.
    • More Economical for employers – When employment givers can’t afford to hire full-time workers, they hire people for specific projects and pay them.
    • Start-up companies and entrepreneurs – who do not have big financial space – can grow only if they can leverage the services of contract employees or freelancers.
    • In a gig economy, businesses save resources in terms of benefits, office space and training. (Reference – Whatis)
    • Competition and efficiency among workers improved.

    Challenges faced in Gig economy

    • There are no labour welfare emoluments like pension, gratuity, etc. for the workers.
    • Gig workers may face unfair termination. They may also attain minimum wages and less paid leave.
    • Workers do not have the bargaining power to negotiate a fair deal with their employers.
    • Unionization of workers will be difficult.
    • Confidentiality of documents etc of the workplace is not guaranteed
    • The gig economy is not accessible for people in many rural areas where internet connectivity and electricity is unavailable.
    • The social welfare objectives can be neglected if business and profitable avenues of freelancing are prioritized.

    What are the major impacts of the gig economy?

    • Gig economy companies had introduced innovative systems and methods to the labour market. These methods are offering workers flexibility and the freedom to choose how and when they work.
    • But this chaotic and amoebic environment has helped create an environment of exploitation where workers get minimal protection and low wages.
    • A government study in the UK recently established that a quarter of the people working in the country’s gig economy are being paid below the national minimum wage.
    • As most of the gig economy companies act as an aggregator and digital companies, their interaction with the labourers and customers is minimal.

    Gig Economy and the women empowerment

    • The women are considerably placed in a victimised position in the workplace. The flexibility that the gig economy offers women help to come out of the shackles of the male domination.
    • The financial independence is often considered as the first step towards the women empowerment. The labour of the women will be valued and paid worth for.
    • Rise and participation of the women in the job market would help in improving the indicators where women participation is considered the least and they will occupy roles as the decision makers.
    • But women due to lack of certain options are forced to perform the dual responsibility of work and home.
    • Dual exploitation faced as they are sandwiched between the familial and professional responsibilities where they have to forego their professional lives.

    Code on Social Security 2019

    • To aid gig workers, the govt passed the ‘Code on Social Security’, which will provide workers with life and disability cover, accidental insurance, health & maternity benefits old age protection and others.
    • Under this code, the central and state governments will primarily fund social security measures, with a nominal contribution (1-2% of their annual turnover) by the aggregator.
    • Also, the contribution made by the aggregator/platform will not exceed 5% of the amount payable to gig and platform workers.
    • In addition, the code proposed to establish a ‘National Social Security Board’, which will supervise and formulate schemes for the well-being of gig and platform workers.

    Way Forward

    • The gig economy has been on the rise and is expected to beat the pre-pandemic estimates due the expected influx of gig workers transitioning from full-time employment.
    • While the government has taken the initial steps to ensure social security of gig workers, the ‘Code on Social Security’ needs to be fine-tuned.
    • Further, all platform workers should be offered mandatory coverage under the Bharat Pradhan Mantri Jan Arogya Yojana, Pradhan Mantri Suraksha Bima Yojana and Pradhan Mantri Jeevan Jyoti Bima Yojana.
      • This can be facilitated through the employer companies and will ensure employee protection; thus, guaranteeing a sustainable gig economy.
    • There should be revamped of employee policy assessments and evaluations. An effective evaluation process is required to ensure consistent and quality work, where customized assessment procedures need to be developed.
    • India should learn from developed countries like the US and basic training and courses on freelancing, etc. should be provided to people.
    • Career Avenues, choices, counselling should be available to students and workers on gig economy.
    • Companies will also need a human resource department that can manage a diverse workforce and imbue the company’s culture into gig workers.

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  • The Bilateral Investment Treaties (BITs) to review

    Context

    The report of the Standing Committee on External Affairs on ‘India and bilateral investment treaties (BITs)’ was presented to Parliament last month.

    Factor’s that necessitated the review of India’s BITs

    • Investor’s started suing India frequently: Since 2011, when India lost its first investment treaty claim in White Industries v. India, foreign investors have sued India around 20 times for alleged BIT breaches.
    • This made India the 10th most frequent respondent-state globally in terms of investor-state dispute settlement (ISDS) claims from 1987 to 2019 (UNCTAD).
    • Adoption of new Model BIT: India adopted a new Model BIT in 2016, which marked a significant departure from its previous treaty practice.
    • Negotiating new BITs: India is in the process of negotiating new investment deals (separately or as part of free trade agreements) with important countries such as Australia and the U.K.

    Recommendations of the Committee

    • 1] Speed of the existing negotiations: India has signed very few investment treaties after the adoption of the Model BIT.
    • It recommends that India expedite the existing negotiations and conclude the agreements at the earliest because a delay might adversely impact foreign investment.
    •  2] Sign more BIT’s in core sector: The committee recommends that India should sign more BITs in core or priority sectors to attract FDI.
    • Generally, BITs are not signed for specific sectors.
    •  It will require an overhauling of India’s extant treaty practice that focuses on safeguarding certain kinds of regulatory measures from ISDS claims rather than limiting BITs to specific sectors.
    • 3] Fine-tune Model BIT: Model BIT gives precedence to the state’s regulatory interests over the rights of foreign investors.
    • The Model BIT should be recalibrated keeping two factors in mind:
    • a) tightening the language of the existing provisions to circumscribe the discretion of ISDS arbitral tribunals.
    • b) striking a balance between the goals of investment protection and the state’s right to adopt bonafide regulatory measures for public welfare.
    • 4] Improve the capacity of government officials: The committee recommends bolstering the capacity of government officials in the area of investment treaty arbitration.
    •  While the government has taken some steps in this direction through a few training workshops, more needs to be done.
    • What is needed is an institutionalised mechanism for capacity-building through the involvement of public and private universities.
    • The government should also consider establishing chairs in universities to foster research and teaching activities in international investment law.

    Need to improve poor governance

    • A very large proportion of ISDS claims against India is due to poor governance.
    • This includes changing laws retroactively which led to Vodafone and Cairn suing India.
    • Annulling agreement in the wake of imagined scam which resulted in taking away S-band satellite spectrum from Devas.
    • The judiciary’s fragility in getting its act together (sitting on the White Industries case for enforcement of its commercial award for years).

    Suggestions

    • The Committee could have emphasised on greater regulatory coherence, policy stability, and robust governance structures to avoid ISDS claims.
    • The government should promptly assemble an expert team to review the Model BIT.

    Consider the question “India is one of the most frequent respondent-state globally in terms of investor-state dispute settlement (ISDS) claims. In context of this, examine the reasons for such frequent disputes and suggest the way forward.” 

    Conclusion

    The committee’s report on India’s BITs have novel suggestions, but it is lacking in several aspects.

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    Back2Basics: ISDS mechanism

    • Investor-state dispute settlement (ISDS) is a mechanism in a free trade agreement (FTA) or investment treaty that provides foreign investors, with the right to access an international tribunal to resolve investment disputes.
    •  ISDS promotes investor confidence and can protect against sovereign or political risk.
    • If a country does not uphold its investment obligations, an investor can have their claim determined by an independent arbitral tribunal, usually comprising three arbitrators.
  • Punishing Online Abusers of Women

    Taking cognizance of multiple complaints that photographs of women had been posted on a mobile app (with a very informal slang name) for fake auctions, the police in Delhi and Mumbai have registered cases.

    What is the controversy?

    • Hundreds of women in India including journalists, social workers, and other prominent personalities found their images and derogatory content about them on a new app.
    • The app was created on hosting platform Github, offered an online “auction” of women (esp from a particular community).
    • This controversy is part of the routine harassment women faced on social media in an increasingly polarized communal environment.

    Online Abuse of Women

    • Online abuse includes a diversity of tactics and malicious behaviors ranging from:
    1. Sharing embarrassing and cruel content about a person to impersonation
    2. Stalking and electronic surveillance
    3. Nonconsensual use of photography
    4. Violent threats and hate speech
    5. Defamation
    6. Flaming- use of vitriolic and hostile messages including threats, insults
    7. Trolling
    • The online harassment of women, sometimes called Cybersexism or cybermisogyny, is specifically gendered abuse targeted at women and girls online.
    • It incorporates sexism, racism and religious prejudice.

    Recent controversy: A critical case of abuse

    • The app is clearly an example of online trolling where the dignity and modesty of a woman is highly downgraded.
    • This has not been the very first time. Earlier, no arrests were ever made showing Police inaction.
    • The authorities were using the Mutual Legal Assistance Treaty (MLAT) to obtain information about the creators of such apps from California-based GitHub.

    Legal provisions against such Crimes

    For making arrests, the police have invoked Sections 153A, 153B, 295A, 354D, 500 and 509 of the Indian Penal Code (IPC) and Section 67 of the Information Technology Act.

    • Section 153A pertains to the offence of promoting enmity between different groups on grounds of religion, etc., and doing acts prejudicial to the maintenance of harmony
    • Section 153B relates to imputations, assertions prejudicial to national-integration
    • Section 295A provides punishment for deliberate and malicious acts intended to outrage religious feelings
    • Section 354D provides that any man who monitors the use by a woman of the internet, email or any other form of electronic communication with malintent, commits the offence of stalking.
    • Section 500 defines the punishment for defamation
    • Section 509 addresses the offence of word, gesture or act intended insulting the modesty of a woman
    • Section 67 of the IT Act lays down the punishment for publishing or transmitting obscene material in electronic form

    Penalty for such crime

    • The first conviction attracts imprisonment up to three years and fine up to ₹5 lakh and the second or subsequent conviction may lead to imprisonment up to five years and fine that may extend to ₹10 lakh.

    What are the other provisions related to cybercrimes?

    • Section 66E of the IT Act prescribes punishment for violation of privacy.
    • Also, sections 354A (sexual harassment and punishment for sexual harassment) and 354C (voyeurism) of the IPC were introduced along with sections 354B and 354D in 2013.
    • These may also be applied in conjunction with the relevant IT Act provisions, based on the nature of the offence.

    What are the responsibilities of intermediaries like social media platforms?

    • As of now, the intermediaries are not liable for any third-party data or communication link hosted or stored by them.
    • They are required to retain the requisite data for duration as prescribed by the Government and supply the same to the authorities concerned, as and when sought.
    • Any contravention attracts punishment as prescribed under the IT Act.

    Additional steps been taken

    • The Ministry of Electronics and Information Technology notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
    • Its provision —“Due diligence by intermediaries and grievance redressal mechanism” —requires them to inform their users not to host, display, upload, modify, publish, transmit, store, update or share any illegal information.
    • They include contents that are defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, etc.
    • The intermediaries, on the direction of the court or appropriate government agency, are prohibited from hosting, storing or publishing any information declared unlawful.
    • Within 24 hours from the receipt of a complaint from, or on behalf of, an individual about any offensive content, they are required to take all reasonable and practicable measures to remove or disable access to it.

    Way forward

    • The government can take action beyond passing and enforcing platform regulations.
    • It can promote digital education to recognize and report inappropriate online conduct and to communicate respectfully online.
    • Social media companies have the primary responsibility to prevent the amplification of online abuse and disinformation.

    Conclusion

    • Gender-based harassment is marked by the intent of the harasser to denigrate the target on the basis of sex.
    • But this proliferation of online harassment of women has now incorporated religious polarization.
    • This is very harmful for the existing communal harmony of the nation in the long run.

     

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  • What is Inner Line Permit System (ILPS)?

    A petition has been filed in the Supreme Court opposing the implementation of the Inner Line Permit System (ILPS) in Manipur.

    What is Inner Line Permit?

    • A concept drawn by colonial rulers, the Inner Line separated the tribal-populated hill areas in the Northeast from the plains.
    • The concept originates from the Bengal Eastern Frontier Regulation Act (BEFR), 1873.
    • To enter and stay for any period in these areas, Indian citizens from other areas need an Inner Line Permit (ILP).
    • Arunachal Pradesh, Nagaland and Mizoram are protected by the Inner Line, and lately, Manipur was added (in December last year).

    Its’ Inception

    • The policy of exclusion first came about as a response to the reckless expansion of British entrepreneurs into new lands which threatened British political relations with the hill tribes.
    • The BEFR prohibits an outsider’s — “British subject or foreign citizen” — entry into the are beyond the Inner Line without a pass and his purchase of land there.
    • On the other hand, the Inner Line also protects the commercial interests of the British from the tribal communities.
    • After Independence, the Indian government replaced “British subjects” with “Citizen of India”.
    • Today, the main aim of the ILP system is to prevent settlement of other Indian nationals in the States where the ILP regime is prevalent, in order to protect the indigenous/tribal population.

    Why need ILP?

    • Despite the fact that the ILP was originally created by the British to safeguard their commercial interests, it continues to be used in India.
    • It aims to protect tribal cultures in northeastern India.
    • There are different kinds of ILP’s, one for tourists and others for people who intend to stay for long-term periods, often for employment purposes.
    • ILP’s valid for tourism purposes are granted as a matter of routine.

    Issues with ILP

    • It has been extensively used to restrict the entry of tribals.

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  • Draft Regional Plan 2041 for NCR

    Many environment analysts and activists has offered objections to the Draft Regional Plan-2041 for National Capital Region (NCR).

    Draft Regional Plan 2041

    • The National Capital Region Planning Board had sought objections and suggestions to the Draft RP-2041 from public.
    • Under the NCRPB plan, Delhi, two districts of Rajasthan, eight districts of Uttar Pradesh and 14 districts of Haryana are covered. In all, it covers an area of around 55,083 square kilometres.
    • The plan paves the way for a future-ready and slum-free NCR comprising of facilities like air ambulance, high-speed connectivity by means of rail, road, Heli taxis, and inland waterways.

    Key provisions

    • This plan puts special impetus on 30-minute connectivity by means of super-fast trains within major cities of NCR.
    • It also proposes to explore feasibility of 30-minute Mass Transit Rail System (MTRS) from boundaries of NCR to Delhi.
    • The plan seeks to make NCR a smart connected region by improving connectivity using bullet trains, smart roads, and helitaxi services.
    • It will evolve the region into an economically prosperous region comprising of citizen centric harmonious infrastructure.
    • It laid emphasis on circular economy of water & air quality improvements, improving environment conservation.

    Need for the plan

    • There was a need to ease out traffic congestions and create more integrated, accessible, user-centric and affordable transportation system.

    Various objections with the Plan

     

    • The plan excludes the terms “Aravalli” and “forest areas” from the Natural Conservation Zone (NCZ).
    • The Aravallis were an integral part of the NCZ in the current Regional Plan-2021.
    • This has left Aravallis open to unlimited real estate construction.
    • Similarly, the phrase “forest areas” has been deleted from the NCZ also. This will drastically reduce the forest cover that is eligible for NCZ zoning protection.

    Why Aravallis matters?

     

    • The Aravallis are home to over 400 species of native trees, shrubs and herbs, more than 200 native and migratory bird species, and wildlife that includes leopards, jackals, hyenas, mongoose and civet cats.
    • They are crucial to groundwater recharge, which is significant given the water scarcity the region faces during harsh summer months.
    • The thick forest cover helps to naturally purify air in a region plagued by high levels of vehicular and industrial pollution through the year.

    Back2Basics:  Aravali Range

    • The Aravali is a mountain range in Northwestern India, running approximately 670 km in a southwest direction, starting near Delhi, passing through southern Haryana and Rajasthan, and ending in Gujarat.
    • The highest peak is Guru Shikhar at 1,722 meters.
    • The Aravalli Range, an eroded stub of ancient mountains, is the oldest range of fold mountains in India.
    • The natural history of the Aravalli Range dates back to times when the Indian Plate was separated from the Eurasian Plate by an ocean.
    • Three major rivers and their tributaries flow from the Aravalli, namely Banas and Sahibi rivers which are tributaries of Yamuna, as well as Luni River which flows into the Rann of Kutch.

     

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  • Veer Baal Diwas to be observed on December 26

    Prime Minister has declared that December 26 shall henceforth be marked as Veer Baal Diwas to pay homage to the courage of the Sahibzades, four sons of Guru Gobind Singh, the last Sikh guru.

    What is the legend of Sahibzades?

    • The word “Sahibzada” means “son” in Punjabi and is a term commonly used to refer to the 4 sons of Guru Gobind Singh, the tenth Sikh Guru.
    • The week of 21 to 27 December is celebrated as the Sacrificial Week in memory of the four Sahibzadas who made sacrifices for the protection of Sikhism and Hinduism.
    • Sahibzada Ajit Singh, Jujhar Singh, Zorawar Singh and Fateh Singh got martyrdom while saving their religious faiths against forceful conversion.

    Their martyrdom: A backgrounder story

    • After the establishment of the Khalsa Panth, Guru Gobind Singh left the fort of Sri Anandpur Sahib with his family on 20-21 December 1704 to fight the invasion by Aurgangzeb.
    • The elder sahibzade Ajit Singh, Jujhar Singh stayed with Guru ji, while the younger sons Zorawar Singh and Fateh Singh were with Mata Gujri ji.
    • Subedar Wazir Khan of Sirhind arrested the two Sahibzades subsequently and lured them for religious conversion.
    • In the end, it was announced to get them elected in the living walls.
    • The rest two sahibzades got assassinated in the battle of Chamkaur (1705).

    Implications of their martyrdom

    • When the news of this reached Guruji, he wrote a zafarnama (letter of victory) to Aurangzeb, in which he warned Aurangzeb that the Khalsa Panth was ready to destroy your empire.
    • Baba Banda Singh Bahadur took revenge for the martyrdom of Guruji’s Sahibzadas.
    • He punished Wazir Khan for his deeds in Sirhind and established Sikh hegemony over the entire area.
    • The result of this sacrifice was that later a large Sikh empire emerged under the leadership of Maharaja Ranjit Singh.

    A historic event in Indian History

    • This event is an important part of Indian history and the occasion of their martyrdom is remembered and commemorated both with great vigor and sorrow.
    • The names of Sahibzades are reverently preserved and are recalled every time Ardas (prayer) of supplication is recited at a congregation or privately by an individual.

     

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  • Places in news: Orang National Park

    The Assam government has recently issued a preliminary notification for adding 200.32 sq. km to the 78.82 sq. km Orang National Park, the State’s oldest reserve, about 110 km northeast of Guwahati.

    The government had in September 21 dropped the ‘Rajiv Gandhi’ prefix to Orang given by the government in 1992.

    Orang National Park

    • Orang NP is located on the northern bank of the Brahmaputra River in the Darrang and Sonitpur districts of Assam.
    • It was established as a sanctuary in 1985 and declared a national park in 1999.
    • It has a rich flora and fauna, including great Indian rhinoceros, pygmy hog, Asian elephant, wild water buffalo and Bengal tiger.
    • Orang, on the northern bank of the river, is strategic to the Kaziranga Orang Riverine Landscape.
    • Tigers and rhinos are known to use the islands in this riverine landscape, about 180 km long, to hop between Orang and Kaziranga.

    Why in news?

    • The Assam government is pursuing a policy for the reintroduction of the gharial that became locally extinct more than six decades ago.
    • With better protection, the stretch of the Kaziranga-Orang landscape is ideal for sustaining the gharials.

    Back2Basics: National Park

    • Even before the Indian independence, sanctuaries had been created in the form of shooting blocks, game reserves or hunting reserves by the provisional governments or by the native rulers in their respective areas.
    • In 1936, the first National Park in India was created and named as the Hailey National Park, now called the Corbett National Park, in Uttaranchal.
    • The Wildlife Protection Act 1972 provides for the declaration of five types of protected areas viz. National Parks, Wildlife Sanctuaries, Community Reserves, Conservation Reserves and Tiger Reserves.
    • A National Park is defined by state government via notification under the WPA.
    • The state government can fix and alter boundaries of the National Parks with prior consultation and approval with National Board of Wildlife.
    • There is no need to pass an act for alternation of boundaries of National Parks.
    • No human activities are permitted in a National Park.

     

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  • The Mediation Bill, 2021

    Context

    The Mediation Bill, 2021 was introduced in Parliament in December 2021. It seeks to ‘promote mediation (including online), and provide for enforcement of settlement agreements resulting from mediation’.

    Need to popularise mediation

    • The Chief Justice of India (CJI), N.V. Ramana, had said that mediation should be made mandatory as a first step in dispute resolution and that a law should be framed in this regard.
    • He emphasised the point that a movement needs to be launched to popularise mediation as it was a cheaper and faster dispute resolution mechanism.
    • He said that courts should be the last resort for dispute resolution; therefore, one should explore the options of alternate dispute resolution.
    • The Tamil Nadu Mediation and Conciliation Centre, an initiative of the Madras High Court and India’s first court-annexed facility with a mediation centre in every district, has significantly reduced the pendency of referred cases.

    Which laws in India allow mediation?

    • Mediation finds legitimacy in some specific laws such as:
    • The Code of Civil Procedure, 1908, the Arbitration and Conciliation Act, 1996,
    • The Companies Act, 2013,
    • The Commercial Courts Act, 2015,
    • The Consumer Protection Act, 2019,
    • However, there is no standalone legislation as yet.

    How the provisions of Mediation Bill 2021 will help in improving the law and order situation

    • The bill seeks to promote mediation (including online), and provide for enforcement of settlement agreements resulting from mediation’.
    • In case of civil or commercial disputes, a person must try to settle the dispute by mediation before approaching a court or tribunal.
    • Improving the law and order situation: There are certain provisions in the Bill which may help in improving the law and order situation in a locality and/or encourage compounding of criminal offences.
    • First, Section 7 of the Bill says that courts will be competent to refer any dispute to mediation relating to compoundable offences or matrimonial offences connected with or arising out of civil proceedings between the parties.
    • Second, Section 44 of the Bill provides for ‘any dispute likely to affect peace, harmony and tranquillity amongst the residents or families of any area or locality, to be settled through community mediation.
    •  Third, the provisions of the Act shall not have the overriding effect, inter alia, on the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
    • Promote friendliness: Section 320 in the Code Of Criminal Procedure (CrPC) provides for the compounding of certain criminal offences which shall have the effect of acquittal of the accused.
    • Here, the policy of the law is to promote friendliness between the parties so that peace between them is restored.
    • Relieving the pressure on the police: Many criminal offences are a result of the fact that civil or commercial disputes could not be resolved amicably and in time.
    • The police at times take minor cases lightly or reduce the seriousness of crime by converting a cognisable offence into a non-cognisable one.
    • Therefore, the proposed law of mediation, that has the mechanism of not only preventing the breakdown of law and order through community intervention but also the competence to smoothen the route to compounding of certain criminal offences, may ultimately relieve some of the pressure on the police also.

    Some laws are left out of the scope of Mediation Bill 2021

    • Law to prevent sexual harassment of women at workplace: The law to prevent the sexual harassment of women at the workplace has probably been kept out of its scope so that an internal or local complaint committee is able to take up conciliation and close the case locally without involving a third party and detailed procedure.
    • Law on welfare of parents and senior citizens: The law on the maintenance and the welfare of parents and senior citizens has also been kept out of its scope as offences under it are cognisable offences.

    Way forward

    • The Supreme Court’s view: The Supreme Court of India has held that if there is a composition of an offence during investigation, the parties can either approach the court or the police.
    • Increasing the compoundable offences: The number of offences that can be compounded may also be increased — particularly property offences.
    • Keeping in view the recommendations of the Law Commission in its 243rd report, Section 498A of the Indian Penal Code, relating to cruelty by the husband or his relatives, can also be made compoundable.
    • It may have far-reaching consequences in resolving matrimonial disputes.

    Consider the question “What are the provisions of the Mediation Bill 2021 that could help relieve some of the pressure on law enforcement agencies?”

    Conclusion

    Though the proposed law primarily intends to resolve civil and commercial disputes through mediation, it has ample scope to relieve some of the pressure on law enforcement agencies.

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    Back2Basics: What is a Compoundable and Non Compoundable offence in India

    • Compoundable offences are those offences where, the complainant (one who has filed the case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped against the accused.
    • However, such a compromise should be a “Bonafide,” and not for any consideration to which the complainant is not entitled to.
    • Compoundable offences are less serious criminal offences and are of two different types mentioned in tables in Section 320 of the Criminal Procedure Code, as follows:
    • Court permission is not required: These are the offences, compounding of which do not require prior permission of the court.
    •  Court permission is required: These are the offences, compounding of which require prior permission of the court.