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  • Extension for PM Krishi Sinchai Yojana

    The Cabinet has given its approval to extend its umbrella scheme Pradhan Mantri Krishi Sinchayee Yojana for irrigation, water supply, groundwater and watershed development projects for another five years till 2026.

    PM Krishi Sinchai Yojana

    • The PMKSY was launched on 1st July, 2015 with the motto of “Har Khet Ko Paani”.
    • It is being implemented to expand cultivated area with assured irrigation, reduce wastage of water and improve water use efficiency.

    The scheme has basically combined three active projects under various ministries which is as follows:

    1. Accelerated Irrigation Benefit Program (Ministry of Water Resources)
    2. Integrated Watershed Management Program (Ministry of Rural Development)
    3. Farm Water Management Project of the National Mission on Sustainable Agriculture

    Components of PMKSY

    PMKSY seeks to provide a complete solution to farm level irrigation and assured irrigation for every farm

    • It aims to integrate irrigation with the latest technological practices and cover more cultivable areas under assured irrigation
    • Increase the implementation of water-saving technologies and precision irrigation which in other words can be said as More Crop Per Drop.
    • PMKSY also targets the promotion of micro-irrigation in the form of sprinklers, rain-guns, drips, etc.

    Advantages of Micro Irrigation

    • Higher Profits
    • Water Saving & Water Use Efficiency (WUE)
    • Less Energy Costs
    • Higher fertilizer-use efficiency (FUE)
    • Reduced Labour Costs
    • Reduce Soli Loss
    • Marginal Solis & Water
    • Efficient & Flexible
    • Improved Crop Quality
    • Higher Yields

    Implementation of PMKSY

    • Everything from planning and execution of plans is regionalized in PMKSY.
    • District Irrigation Plans (DIPs) will identify the areas that require improved facilities in irrigation at block levels and district levels.
    • State Irrigation Plan consolidates all the DIPs and it oversees the agricultural plans developed under the Rashtriya Krishi Vikas Yojana.

    Funding pattern

    • Funds will be allocated by the centre only if the state has prepared the district irrigation plans and the state irrigation plans.
    • The state government’s share under PMKSY is 25% and rest is borne by the centre, with an exception for north-eastern states where contribution by the state government is 10%.

     

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  • WTO rules against India’s Sugar Subsidies

    A World Trade Organization panel ruled that India violated international trade rules when it offered excessive subsidies for the production and export of sugar and sugarcane.

    What did WTO say?

    • Under WTO rules, India’s sugar subsidies are capped at a de minimis limit of 10% of the value of production.
    • India’s policies were inconsistent with WTO rules that govern the levels at which nations can subsidize domestic agricultural production.
    • WTO has asked it to withdraw its prohibited subsidies under the Production Assistance, the Buffer Stock, and the Marketing and Transportation Schemes within 120 days.

    What was the complaint against India?

    Australia, Brazil, and Guatemala said India’s domestic support and export subsidy measures appeared to be inconsistent with various articles against WTO’s:

    1. Agreement on Agriculture
    2. Agreement on Subsidies and Countervailing Measures (SCM)
    3. Article XVI (which concerns subsidies) of the General Agreement on Trade and Tariffs (GATT)
    • Domestic Support: All three countries complained that India provides domestic support to sugarcane producers that exceed the de minimis level of 10% of the total value of sugarcane production.
    • Various subsidies: They also raised the issue of India’s alleged export subsidies, subsidies under the production assistance and buffer stock schemes, and the marketing and transportation scheme.
    • Notifying support: Australia accused India of “failing” to notify its annual domestic support for sugarcane and sugar subsequent to 1995-96, and its export subsidies since 2009-10.

    India’s reply to WTO panel

    • India rejected the panel’s findings as “erroneous”, “unreasoned”, and “not supported by the WTO rules”.
    • It argued that the requirements of Article 3 of the SCM Agreement are not yet applicable to India.
    • It has a phase-out period of 8 years to eliminate export subsidies under the agreement.
    • India also argued that its mandatory minimum prices are not paid by the governments but by sugar mills, and hence do not constitute market price support.

    Must read:

    Sugarcane Pricing in India

     

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  • [pib] Chalcolithic sites in news: Eran and Tewar

    The Chalcolithic cultures of Central India are adequately investigated and studied informed the Ministry of Culture in particular reference to the sites of Eran and Tewar.

    Major sites in Central India

    [1] Eran (Dist. Sagar, MP )

    • Eran (ancient Airikina) is situated on the left bank of the Bina (ancient Venva) river and surrounded by it on three sides.
    • The recent excavation has unearthed a variety of antiquities including a copper coin, an iron arrowhead, terracotta bead, stone beads along with copper coins, stone celt, beads of steatite and jasper, etc.
    • The occurrence of few specimens of plain, thin grey ware is noteworthy.
    • The use of iron was evidenced by few metallic objects at the site.

    [2] Tewar (Dist. Jabalpur, MP)

    • Tewar (Tripuri) village is located 12 km west of Jabalpur district on Jabalpur – Bhopal highway.
    • This excavation did not reach the natural soil and revealed four folds of cultural sequences i.e. Kushana, Shunga, Satvahana, and Kalachuri.
    • Antiquarian remains in this excavation include viz remains of sculptures, hopscotch, terracotta balls, Iron nails, copper coins, terracotta beads, implements of Iron and terracotta figurine, ceramics red ware etc.
    • It also revealed structural remains consist of brick wall and structure of sandstone columns.

    Back2Basics: Chalcolithic Culture in India

    • A completely different kind of culture known as Chalcolithic Culture was developed in central India and Deccan region by the end of the Neolithic period.
    • It is characterized by the use of both stone and bronze implements.

    Major Chalcolithic complexes in India

    1. Ahar culture c. 2,800-1,500 B.C.
    2. Kayatha culture c. 2,450-700 B.C.
    3. Malwa culture c. 1,900-1,400 B.C.
    4. Savalda culture c. 2,300-2,000 B.C.
    5. Jorwe culture c. 1,500 -900 B.C.
    6. Prabhas culture c. 2,000-1,400 B.C.
    7. Rangpur culture c. 1,700-1,400 B.C.

    Important features

    • The people of Chalcolithic culture had used unique painted earthenware usually black-on-red.
    • The use of copper and bronze tools also evidenced on a limited scale.
    • The economy was largely based on subsistence agriculture, stock-raising, hunting, and fishing.
    • They, however, never reached the level of urbanization in spite they were using metal.
    • They were contemporary of the Harappan culture, but some other were of later Harappan age.

    Their locations

    • The centers of Chalcolithic cultures flourished in semi-arid regions of Rajasthan, Madhya Pradesh, Gujarat, and Maharashtra.
    • The settlements of Kayatha culture were mostly located on the Chambal River and its tributaries.
    • The settlements of Malwa culture are mostly located on the Narmada and its tributaries.
    • The three best known settlements of Malwa culture are at Navdatoli, Eran, and Nagada.
    • Navdatoli was one of the largest Chalcolithic settlements in the country spread in almost 10 hectares.
    • The settlements of Rangpur culture are located mostly on Ghelo and Kalubhar rivers in Gujarat.
    • More than 200 settlements of Jorwe culture are known. Greater numbers of these settlements are found in Maharashtra.
    • The best known settlements of Jorwe culture are Prakash, Daimabad, and Inamgaon. Daimabad was the largest one that measured almost 20 hectares.

    Development of Agriculture

    • They cultivated both Kharif and Rabi crops in rotation and also raised cattle with it.
    • They cultivated wheat and barley in Malwa region. Rice was cultivated in Inamgaon and Ahar.
    • They also cultivated jowar, bajra, kulth, ragi, green peas, lentil, and green and black grams.
    • Largely, the Chalcolithic cultures flourished in the black cotton soil zone.

    Trade and Commerce

    • The Chalcolithic communities traded and exchanged materials with other contemporary communities.
    • A large settlement serves as the major centers of trade and exchange.
    • Some of them were Ahar, Gilund, Nagada, Navdatoli, Eran, Prabhas, Rangpur, Prakash, Daimabad, and Inamgaon.
    • The Ahar people settled close to the copper source and were used to supply copper tools and objects to other contemporary communities in Malwa and Gujarat.
    • Identical marks embedded on most of the copper axes found in Malwa, Jorwe, and Prabhas cultures that might indicate that it may be the trademarks of the smiths who made them.
    • It is found that Conch shell for bangles was traded from the Saurashtra coast to various other parts of the Chalcolithic regions.
    • Gold and ivory come to Jorwe people from Tekkalkotta in Karnataka and semiprecious stones may have been traded to various parts from Rajpipla in Gujarat.
    • Wheeled bullock carts were used for long distance trade, besides the river transport. The drawings of wheeled bullock carts have been found on pots.

    Try this PYQ from CSP 2019. It is dicey, but you cannot escape such questions.

    Q. Which one of the following is not a Harappan site?

    (a) Chanhudaro

    (b) Kot Diji

    (c) Sohgaura

    (d) Desalpur

     

    [wpdiscuz-feedback id=”meqr233gpf” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Conflation between duties and rights

    Context

    There has been growing advocacy for the integration of duty with rights. On Constitution Day last month, many Union Ministers used the occasion to underline this proposal.

    What do rights come with duty mean?

    • It is a basic proposition that all rights come with duties.
    • But those duties are quite distinct from the meaning ascribed to them in the popular discourse.
    • When a person holds a right, she is owed an obligation by a duty-bearer.
    • For example, when citizens are promised a right against discrimination, the government is obliged to ensure that it treats everybody with equal care and concern.
    • Similarly, the guarantee of a right to freedom of speech enjoins the state to refrain from interfering with that liberty.

    Integrating rights with duties

    • Proponents of integration of duty with rights aim to treat otherwise non-binding obligations — the “fundamental duties” as Article 51A describes them on a par with, if not superior to, the various fundamental rights that the Constitution guarantees.
    • In an inversion of the well-known dictum, they see duties, and not rights, as trumps.
    • On Constitution Day last month, many Union Ministers used the occasion to underline this proposal.
    • The government puts forward an idea that our rights ought to be made conditional on the performance of a set of extraneous obligations.

    Issues with the proposal

    • This suggestion is plainly in the teeth of the Constitution’s text, language, and history.
    • To the framers of the Constitution, the very idea of deliberating over whether these rights ought to be provisional, and on whether these rights ought to be made subject to the performance of some alien duty, was against the republic’s vision.
    • Imposing duties a legislative prerogative: The Constitution’s framers saw the placing of mandates on individual responsibilities as nothing more than a legislative prerogative.
    • For example, the legislature could impose a duty on individuals to pay a tax on their income, and this duty could be enforced in a variety of ways.
    • If the tax imposed and the sanctions prescribed were reasonable, the obligations placed on the citizen will be constitutionally valid.
    • In this manner, Parliament and the State legislatures have imposed a plethora of duties — duties to care for the elderly and for children; duties to pay tolls and levies; duties against causing harm to others; duties to treat the environment with care, the list is endless.
    • Against Constitution: What is critical, though, is that these laws cannot make a person’s fundamental right contingent on the performance of a duty that they impose.
    • A legislation that does so will violate the Constitution.

    Background

    • The fundamental duties that are now contained in Article 51A were introduced through the 42nd constitutional amendment.
    • The Swaran Singh Committee, which was set up during the Emergency, and which recommended the insertion of the clause, also suggested that a failure to comply with a duty ought to result in punishment.
    • Ultimately, the amendment was introduced after the binding nature of the clause was removed.
    • In its finally adopted form, Article 51A encouraged citizens to perform several duties.

    Way forward

    • Know the precise nature of duties the rights create: The philosopher Onora O’Neill has argued with some force that we would do well to discuss the precise nature of duties that rights create.
    • Unless we do so, our charters of human rights may not by themselves be enough.
    • For example, we may want to ask ourselves if the promise of a right to free expression imposes on the state something more than a duty to forebear from making an unwarranted restriction on that liberty.
    •  Does it require the state to also work towards creating an equal society where each person finds herself in a position to express herself freely?

    Consider the question “How fundamental duties are related to the fundamental rights in the context of the Indian Constitution? What are the issues with making the enforcement of rights contingent on adhering to the duties?”

    Conclusion

    When we speak about the importance of obligations, it is these questions that must animate our discussions. Should we instead allow the language of fundamental duties to subsume our political debates, we would only be placing in jeopardy the moral principles at the heart of India’s republic.

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  • Cabinet clears push to raise marriage age of women from 18 to 21

    The proposal to raise the minimum age of marriage for women from 18 to 21 was cleared by the Union Cabinet based on the recommendations of a task force headed by Jaya Jaitley.

    Minimum Age for Marriage in India

    • Personal laws of various religions that deal with marriage have their own standards, often reflecting custom.
    • For Hindus, The Hindu Marriage Act, 1955 sets 18 years as the minimum age for the bride and 21 years as the minimum age for the groom.
    • In Islam, the marriage of a minor who has attained puberty is considered valid.
    • Now, the govt will have to amend the Prohibition of Child Marriage Act, 2006, the Special Marriage Act and personal laws such as the Hindu Marriage Act, 1955.

    Reasons behind the decision

    • Gender-neutrality: With this decision, the government will be bringing the age of marriage for both men and women at par.
    • Motherhood complexities: An early age of marriage, and consequent early pregnancies, also have impacts on nutritional levels of mothers and their children, and their overall health and mental wellbeing.
    • Mother and Child Mortality: It also has an impact on Infant Mortality Rate and Maternal Mortality Rate.
    • Women empowerment: The decision would empower women who are cut off from access to education and livelihood due to an early marriage.
    • Protection from abuse: This will essentially outlaw premature girls marriages and prevent the abuse of minors.

    What is the Jaya Jaitly Committee?

    • In June 2020, the Ministry of WCD set up a task force to look into the correlation between the age of marriage with issues of women’s nutrition, prevalence of anemia, IMR, MMR and other social indices.
    • The committee was to look at the feasibility of increasing the age of marriage and its implication on women and child health, as well as how to increase access to education for women.

    Key recommendations

    • The committee has recommended the age of marriage be increased to 21 years, on the basis of feedback they received from young adults from 16 universities across the country.
    • The committee also asked the government to look into increasing access to schools and colleges for girls, including their transportation to these institutes from far-flung areas.
    • Skill and business training has also been recommended, as has sex education in schools.
    • The committee said these deliveries must come first, as, unless they are implemented and women are empowered, the law will not be as effective.

    Criticism of the move

    • Illegal marriages: Such legislation would push a large portion of the population into illegal marriages leading to non-institutional births.
    • Ineffectiveness of existing laws: Decrease in child marriages has not been because of the existing law but because of an increase in girls’ education and employment opportunities.
    • Unnecessary coercion: The law would end up being coercive, and in particular negatively impact marginalized communities, such as the Scheduled Caste and Scheduled Tribes, making them law-breakers.

     

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  • Zero Budget Natural Farming

    Zero budget natural farming (ZBNF) is back on top of the Government’s agricultural agenda, with PM set to highlight it at a national conclave.

    Zero Budget Natural Farming (ZBNF)

    • ZBNF is a set of farming methods, and also a grassroots peasant movement, which has spread to various states in India.
    • Subhash Palekar perfected it during the 1990s at his farm in Amravati district in Maharashtra’s drought-prone Vidarbha region.
    • According to the “zero budget” concept, farmers won’t have to spend any money on fertilisers and other agricultural inputs.
    • Over 98% of the nutrients that crops require — carbon dioxide, nitrogen, water, solar energy — are already present in nature.
    • The remaining 1.5-2% are taken from the soil, after microorganisms convert them from “non-

    Four Wheels of ZBNF

    The “four wheels” of ZBNF are ‘Jiwamrita’, ‘Bijamrita’, ‘Mulching’ and ‘Waaphasa’.

    • Jiwamrita is a fermented mixture of cow dung and urine (of desi breeds), jaggery, pulses flour, water and soil from the farm bund.
    • This isn’t a fertilizer, but just a source of some 500 crore micro-organisms that can convert all the necessary “non-available” nutrients into “available” form.
    • Bijamrita is a mix of desi cow dung and urine, water, bund soil and lime that is used as a seed treatment solution prior to sowing.
    • Mulching, or covering the plants with a layer of dried straw or fallen leaves, is meant to conserve soil moisture and keep the temperature around the roots at 25-32 degrees Celsius, which allows the microorganisms to do their job.
    • Waaphasa, or providing water to maintain the required moisture-air balance, also achieves the same objective.

    Astra’s of ZBNF against pest attacks

    • ZBNF advocates the use of special ‘Agniastra’, ‘Bramhastra’, and ‘Neemastra’ concoctions.
    • They are based on cow urine and dung, plus pulp from leaves of neem, white datura, papaya, guava, and pomegranates — for controlling pest and disease attacks.

    Is it organic farming?

    • ZBNF uses farmyard manure or vermicompost.

    Issues with ZBNF

    • Cost of labor: The cost of labor for the collection of dung and urine, apart from the other inputs used in the preparation of Jiwamrita, Neemastra or Bramhastra is quit higher.
    • Bovine cost: Keeping cows is also a cost that has to be accounted for. Farmers cannot afford to keep desi cows that yield very little milk.
    • Vulnerability to pest attacks:  ZBNF is scarcely practiced.  The crop grown would be vulnerable to attacks by insects and pests have already become pest-immune.

     

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  • Historical episodes that PM spoke about in Kashi

    In his speech at Kashi, PM has referred to several historical episodes including the battle between Salar Masud and Raja Suhaldev and the conflict between Governor-general Warren Hastings and Raja Chait Singh.

    He also mentioned the contributions of historical figures like Rani Bhabani from Bengal.

    Note: UPSC is known to ask contemporaries.

    [1] Salar Masud and Raja Suhaldev

    • The story of Salar Masud, also known as Ghazi Mian, and Suhaldev is a mix of history and myth.
    • Ghazi Mian is believed to have acquired popularity as a warrior in the 12th century.
    • He was the nephew of the 11th-century Turkik invader, Mahmud of Ghazni, whose invasion of India is known as the moment when Islam entered large parts of the subcontinent.
    • Interestingly, his tomb at Bahraich in Uttar Pradesh stands as a place of pilgrimage for a large number of Muslims as well as Hindus.
    • The most comprehensive source of information about Ghazi Mian is the Mirat-e-Masaud (Mirror of Masaud), a 17th-century Persian hagiography written by Abdur Rahman Chisti, a Sufi saint.
    • He asserted that Masud was the disciple of Sheikh Moinuddin Chisti, the founder of the Chistiya order of Sunni mysticism.

    His conquest and Suheldev

    • Masud arrived in Multan as a 17-year old head of the Afghan army and after having subjugated it made for Delhi where he spent almost half a year.
    • Advancing his aggressive campaigns, Masud on the way destroyed several temples and converted many to Islam.
    • It was at Bahraich, where in the course of a battle in 1034 CE between Masud and a local king by the name Suhaldev that the former was wounded by an arrow and succumbed.
    • Suheldev is believed to have been the eldest son of the king of the Bhar community, from which emerged the Pasi community, a Dalit caste group of the region.

    [2] Warren Hastings and Maharaja Chait Singh

    • Another historical episode cited by Modi in his Kashi speech was about the first governor-general of Bengal Warren Hastings fleeing the city in 1781.
    • By the late 18th century, Benaras had declared independence from the Nawab of Awadh.
    • In 1771, Maharaja Chait Singh succeeded to the throne of Banaras with the help of British authorities.
    • Two years later, the Maharaja transferred the domain to the East India Company under the control of Hastings.

    Issues over Mysore war

    • When faced with the need for resources to fight the Mysore War against Hyder Ali, Hastings pressed Maharaja Chait Singh to make additional revenue payments and supply troops in 1778 and 1779.
    • When Singh failed to comply, Hastings marched to Benaras with his troops to confront the king.
    • A skirmish erupted between the British troops on the one hand and the Raja’s forces and his large number of supporters on the other.
    • As they fought, the Raja managed to escape from the fort through a window facing the Ganges.

    An embarrassing defeat for Hastings

    • Several of Hastings’ men were killed in the conflict and, left with no other option, the governor-general was forced to retreat.
    • Popular narrative goes that he left hurriedly at night for the nearby Chunar Fort riding an elephant.
    • The incident is believed to have given rise to the popular saying in Banaras: “Ghode par haudah, hathi par jeen, Kashi se bhaga Warren Hastings”.

    [3] Rani Bhabani

    • Bhabani was married to Raja Ramkanta Ray, the zamindar of the Natore estate in Rajshahi (present day Bangladesh).
    • After the death of her husband in 1748, the zamindari passed on to the hands of Bhabani, making her one among the very few women zamindars of the time.
    • For the next four decades, Bhabani is said to have managed the estate of Natore with utmost efficiency.
    • Bhabani is remembered most for her philanthropic efforts. She is known to have built several schools across Rajshahi district and offered a number of scholarships.
    • She is also known to have built the Durga Kund Mandir in Varanasi.
    • She also desired to build a Kashi in Bengal and, consequently in 1755 a complex consisting of a dozen temples was built in Baronagar in Murshidabad by her.

     

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  • [pib] Durga Puja gets UNESCO Intangible Cultural Heritage tag

    UNESCO has inscribed ‘Durga Puja in Kolkata’ on the Representative List of Intangible Cultural Heritage of Humanity.

    What is Intangible Cultural Heritage (ICH)?

    • ICH means the practices, representations, expressions, knowledge, skills – as well as the instruments, objects, artefacts and cultural spaces associated with them that communities, groups and, in some cases, individuals recognize as a part of their cultural heritage.
    • Furthermore, its importance is not in the cultural manifestation itself, but in the wealth of knowledge, know-how and skills that are transmitted from one generation to the next.

    About Durga Puja

    • Durga Puja, also known as Durgotsava or Sharodotsava, is an annual Hindu festival that reveres and pays homage to the goddess Durga.
    • It is an important festival in the Shaktism tradition of Hinduism.
    • It is celebrated because of Durga’s victory over Mahishasur.
    • It is particularly popular and traditionally celebrated in the Indian states of West Bengal, Bihar, Jharkhand, and Odisha among other states.
    • It is a ten-day festival, of which the last five are of the most significance.

    Citation for the UNESCO tag

    • The UNESCO Committee commended its initiatives to involve marginalized groups, and individuals as well as women in their participation in safeguarding the element.
    • The festival is also marked by scripture recitations, performance arts, revelry, gift-giving, family visits, feasting, and public processions.
    • Durga Puja not only is a celebration of the feminine divinity but is a consummate expression of dance, music, crafts, rituals, practices culinary and cultural aspects.
    • The festival transcends the boundaries of caste, creed and economic classes and joins the people together in its celebration.

    Also read: National List for Intangible Cultural Heritage (ICH)

    Other ICH in India

    • With the inscription of Durga Puja in Kolkata, India now has 14 intangible cultural heritage elements on the prestigious UNESCO Representative List of ICH of Humanity.
    • In recent years, the ICH elements that saw inscriptions are Kumbh Mela (inscribed 2017), Yoga (inscribed 2016) among others.
    • Also, India is a SIGNATORY of the 2003 UNESCO Convention which aims for the Safeguarding of the Intangible Heritage along with traditions and living expression.

     

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  • Amendment to the NDPS Act

    The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021 was passed by Lok Sabha.

    Must read:

    [Burning Issue] Substance Abuse in India

    About NDPS Act

    • The Narcotic Drugs and Psychotropic Substances Act, commonly referred to as the NDPS Act was promulgated in 1985.
    • It prohibits a person from the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance

    What is the 2021 amendment?

    • The 2021 Bill amends the Narcotic Drugs and Psychotropic Substances Act, 1985 and seeks to rectify a drafting “anomaly” created by a 2014 amendment to the parent legislation.
    • It contains a legislative declaration about what one section refers to.
    • It says Section 2 clause viii(a) corresponds to clause viii(b) in Section 27, since 2014 when the provision was first brought in.
    • Section 27A of the NDPS Act, 1985, prescribes the punishment for financing illicit traffic and harbouring offenders.

    Earlier amendment in 2014

    • In 2014, a substantial amendment was made to the NDPS Act to allow for better medical access to narcotic drugs.
    • It defined “essential drugs”; under Section 9 and allowed the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of essential narcotic drugs.
    • But before the 2014 amendment, a Section 2(viii)a already existed and contained a catalogue of offences for which the punishment is prescribed in Section 27A.

    What is Section 21A?

    • Section 27A reads: Whoever indulges in financing, directly or indirectly or harbours any person engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment.
    • The term shall not be less than ten years and may extend to twenty years.
    • The accused shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.

    What was the drafting “anomaly”?

    • While defining “essential drugs” in 2014, the legislation re-numbered Section 2.
    • The catalogue of offences, originally listed under Section 2(viii)a, was now under Section 2(viii)b.
    • In the amendment, Section 2(viii)a defined essential narcotic drugs.
    • However, the drafters missed amending the enabling provision in Section 27A to change Section 2(viii)a to Section 2(viii)b.

    What was the result of the drafting error?

    • Section 27A punished offences mentioned under Section 2(viiia) sub-clauses i-v.
    • However, Section 2 (viiia) sub-clauses i-v, which were supposed to be the catalogue of offences, does not exist after the 2014 amendment. It is now Section 2(viiib).
    • This error in the text meant since 2014, Section 27A was inoperable.

    When was the error noticed?

    • In June this year, the Tripura High Court, while hearing a reference made by the district court, flagged the drafting error, urging the Centre to bring in an amendment and rectify it.
    • In 2016, an accused had sought bail before a special judge in West Tripura in Agartala, citing this omission in drafting.

    Why can’t it be applied retrospectively?

    • Article 20(1) of the Constitution says that no person shall be convicted of any offence except for violation of the law in force at the time of the commission.
    • The person shall not be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
    • This protection means that a person cannot be prosecuted for an offence that was not a “crime” under the law when it was committed.

    Does the latest amendment make it retrospective?

    • In September, the government brought in an ordinance to rectify the drafting error, which Lok Sabha. “It shall be deemed to have come into force on the 1st day of May 2014,” the Bill reads.
    • Retrospective application is permitted in clarificatory amendments.
    • This 2021 amendment is not a substantive one, that is why the retrospective is allowed.

     

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  • India stands committed to UNCLOS

    India remains committed to promoting a free, open and rules-based order rooted in international law and undaunted by coercion, the Centre informed Parliament while reiterating support for the United Nations Convention on the Law of the Sea (UNCLOS).

    Background of UNCLOS

    • UNCLOS replaces the older ‘freedom of the seas’ concept, dating from the 17th century.
    • According to this concept, national rights were limited to a specified belt of water extending from a nation’s coastlines, usually 3 nautical miles (5.6 km; 3.5 mi).
    • This was considered according to the ‘cannon shot’ rule developed by the Dutch rulers.

    About UNCLOS

    • 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.
    • 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 :
    1. International Tribunal for the Law of the Sea,
    2. International Seabed Authority
    3. Commission on the Limits of the Continental Shelf

    Note: UNCLOS does not deal with matters of territorial disputes or to resolve issues of sovereignty, as that field is governed by rules of customary international law on the acquisition and loss of territory.

    Major conventions:

    There had been three major conferences of UNCLOS:

    1. UNCLOS I: It resulted in the successful implementation of various conventions regarding Territorial Sea and Contiguous Zones, Continental Shelf, High Seas, Fishing Rights.
    2. UNCLOS II: No agreement was reached over breadth of territorial waters.
    3. UNCLOS III: It introduced a number of provisions. The most significant issues covered were setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of the marine environment, scientific research, and settlement of disputes.

    The convention set the limit of various areas, measured from a carefully defined baseline.

    These terminologies are as follows:

    (1) Baseline

    • The convention set the limit of various areas, measured from a carefully defined baseline.
    • Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented, has fringing islands or is highly unstable, straight baselines may be used.

    (2) Internal waters

    • It covers all water and waterways on the landward side of the baseline.
    • The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters.
    • A vessel in the high seas assumes jurisdiction under the internal laws of its flag State.

    (3) Territorial waters

    • Out to 12 nautical miles (22 km, 14 miles) from the baseline, the coastal state is free to set laws, regulate use, and use any resource.
    • Vessels were given the Right of Innocent Passage through any territorial waters.
    • “Innocent passage” is defined by the convention as passing through waters in an expeditious and continuous manner, which is not “prejudicial to the peace, good order or the security” of the coastal state.
    • Fishing, polluting, weapons practice, and spying are not “innocent”, and submarines and other underwater vehicles are required to navigate on the surface and to show their flag.
    • Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of their security.

    (4) Archipelagic waters

    • The convention set the definition of “Archipelagic States”, which also defines how the state can draw its territorial borders.
    • All waters inside this baseline are designated “Archipelagic Waters”.
    • The state has sovereignty over these waters mostly to the extent it has over internal waters, but subject to existing rights including traditional fishing rights of immediately adjacent states.
    • Foreign vessels have right of innocent passage through archipelagic waters, but archipelagic states may limit innocent passage to designated sea lanes.

    (5) Contiguous zone

    • Beyond the 12-nautical-mile (22 km) limit, there is a further 12 nautical miles (22 km) from the territorial sea baseline limit, the contiguous zone.
    • Here a state can continue to enforce laws in four specific areas (customs, taxation, immigration, and pollution) if the infringement started or is about to occur within the state’s territory or territorial waters.
    • This makes the contiguous zone a hot pursuit area.

    (6) Exclusive economic zones (EEZs)

    • These extend 200 nm from the baseline.
    • Within this area, the coastal nation has sole exploitation rights over all natural resources.
    • In casual use, the term may include the territorial sea and even the continental shelf.

    (7) Continental shelf

    • The continental shelf is defined as the natural prolongation of the land territory to the continental margin’s outer edge, or 200 nautical miles (370 km) from the coastal state’s baseline, whichever is greater.

    India and UNCLOS

    • As a State party to the UNCLOS, India promoted utmost respect for the UNCLOS, which established the international legal order of the seas and oceans.
    • India also supported freedom of navigation and overflight, and unimpeded commerce based on the principles of international law, reflected notably in the UNCLOS 1982.
    • India is committed to safeguarding maritime interests and strengthening security in the Indian Ocean Region (IOR) to ensure a favorable and positive maritime environment.

     

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