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Distribution: yearly

  • Disqualification of a MP over Criminal Charges

    disqualification

    Central idea: A politician has been sentenced to two years in jail by a Surat court in a 2019 defamation case filed against him for his remarks about the surname of a community. This conviction could lead to his disqualification.

    Disqualification of a Lawmaker

    Disqualification of a lawmaker is prescribed in three situations-

    1. Constitutional provisions: First is through Articles 102(1) and 191(1) for disqualification of a member of Parliament and a member of the Legislative Assembly respectively. The grounds here include holding an office of profit, being of unsound mind or insolvent or not having valid citizenship.
    2. Defection: It is in the Tenth Schedule of the Constitution, which provides for the disqualification of the members on grounds of defection.
    3. Representation of The People Act (RPA), 1951: It provides for disqualification for conviction in criminal cases.

    Disqualification under RPA, 1951

    • It provides for disqualification for conviction in criminal cases.
    • Section 8 of the RPA deals with disqualification for conviction of offences.
    • The provision is aimed at “preventing the criminalisation of politics” and keeping ‘tainted’ lawmakers from contesting elections.

    Section 8(3) states: “A person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.”

    Appeal and stay of disqualification

    • The disqualification can be reversed if a higher court grants a stay on the conviction or decides the appeal in favour of the convicted lawmaker.
    • In a 2018 decision in ‘Lok Prahari v Union of India’, the Supreme Court clarified that the disqualification “will not operate from the date of the stay of conviction by the appellate court.”
    • This means that Gandhi’s first appeal would be before the Surat Sessions Court and then before the Gujarat High Court.

    Changes in the Law

    • Under the RPA, Section 8(4) stated that the disqualification takes effect only “after three months have elapsed” from the date of conviction.
    • Within that period, lawmakers could file an appeal against the sentence before the High Court.
    • However, in the landmark 2013 ruling in ‘Lily Thomas v Union of India’, the Supreme Court struck down Section 8(4) of the RPA as unconstitutional.

    Lily Thomas Verdict

    • The Lily Thomas verdict was a landmark judgment delivered by the Supreme Court of India in 2013.
    • The verdict struck down a provision in the Representation of the People Act (RPA), which allowed convicted lawmakers to continue in office if they filed an appeal within three months of their conviction.
    • The provision, which was part of Section 8(4) of the RPA, had been criticized for allowing convicted politicians to continue to hold public office while their appeals were pending in higher courts, and for contributing to the criminalization of politics in India.The verdict was seen as a major step towards cleaning up Indian politics and ensuring that convicted criminals do not get to occupy public offices.

     

     

  • Rajasthan becomes first state to guarantee Right to Health

    health

    The Rajasthan Assembly passed the Right to Health (RTH), even as doctors continued their protest against the Bill, demanding its complete withdrawal.

    Right to Health (RTH): A conceptual insight

    • RTH is a fundamental human right that guarantees everyone the right to enjoy the highest attainable standard of physical and mental health.
    • It is recognized as a crucial element of the right to an adequate standard of living and is enshrined in international human rights law.

    Scope of RTH

    • RTH covers various health-related issues, including-
    1. Access to healthcare services, clean water and sanitation, adequate nutrition, healthy living and working conditions, health education, and disease prevention.
    2. Accessible, affordable, and quality healthcare services,
    3. Eliminating barriers to healthcare access
    4. Informed consent to medical treatment and accessing information about their health.

    What is the Rajasthan Right to Health Bill?

    • Free treatment: RTH gives every resident of the state the right to avail free Out Patient Department (OPD) services and In Patient Department (IPD) services at all public health facilities and select private facilities.
    • Wider scope of healthcare: Free healthcare services will include consultation, drugs, diagnostics, emergency transport, procedures, and emergency care. However, there are conditions specified in the rules that will be formulated.
    • Free emergency treatment: Residents are entitled to emergency treatment and care without prepayment of fees or charges.
    • No delay in treatment: Hospitals cannot delay treatment on grounds of police clearance in medico-legal cases.
    • State reimbursement of charges: After emergency care and stabilisation, if patients do not pay requisite charges, healthcare providers can receive proper reimbursement from the state government.

    Existing schemes in Rajasthan

    • The flagship Chiranjeevi Health Insurance Scheme provides free treatment up to Rs 10 lakh, which has been increased to Rs 25 lakh in the latest budget.
    • The Rajasthan Government Health Scheme covers government employees, ministers, current and former MLAs, etc.
    • The Nishulk Nirogi Rajasthan scheme provides free OPD and IPD services in government hospitals and covers about 1,600 medicines, 928 surgicals, and 185 sutures.
    • The Free Test scheme provides up to 90 free tests in government hospitals and has benefited 2.93 crore persons between March-December 2022.

    Need for the RTH Scheme

    • The state prioritizes healthcare and wants Rajasthan to be a great example of good health.
    • The Health Minister has received many complaints about private hospitals asking for money from patients who have the Chiranjeevi card.
    • So, they are bringing in a new law to stop this.
    • The new law will make sure that future governments follow it and provide free healthcare to everyone.

    Controversy with the RTH Law: Emergency Care Provisions

    • Emergency care was a contentious issue in the RTH.
    • The clause states that people have the right to emergency treatment and care for accidental emergency, emergency due to snake bite/animal bite and any other emergency decided by the State Health Authority under prescribed emergency circumstances.
    • Emergency treatment and care can be availed without prepayment of requisite fee or charges.
    • Public or private health institutions qualified to provide such care or treatment according to their level of health care can offer emergency care.

    Issues raised by healthcare professionals

    • Existing burden of schemes: Doctors are protesting against the RTH because they question the need for it when there are already schemes like Chiranjeevi that cover most of the population.
    • Specialization concerns: They are also objecting to certain clauses, such as defining “emergency” and being compelled to treat patients outside their specialty as part of an emergency.
    • Unnecessary obligations: The Bill empowers patients to choose the source of obtaining medicines or tests at all healthcare establishments, which means that hospitals cannot insist on in-house medicines or tests.

    Way forward

    • Given the contentious nature of the Bill, it is important for all stakeholders to come to the table and engage in constructive dialogue to resolve the issues at hand.
    • It should involve liaison between government, doctors, patient advocacy groups, and other relevant stakeholders to discuss the concerns raised by all parties and identify potential solutions.
    • This could be followed by a revision of the Bill, incorporating feedback and suggestions from all stakeholders, and a renewed effort to build consensus and support for the legislation.
    • Additionally, greater efforts could be made to improve transparency and accountability in the healthcare system, with a focus on educating patients about their rights.

     

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  • Back in news: Criminalization of Marital Rape

    rape

    The Supreme Court has agreed to hear a series of petitions seeking to criminalise marital rape.

    What is Marital Rape?

    • Marital rape is the act of sexual intercourse with one’s spouse without her consent.
    • It is no different manifestation of domestic violence and sexual abuse.
    • It is often a chronic form of violence for the victim which takes place within abusive relations.

    Status in India

    rape

    • Historically considered as right of the spouses, this is now widely classified as rape by many societies around the world.
    • In India, marital rape is not a criminal offense (as protected under IPC section 375).
    • India is one of fifty countries that have not yet outlawed marital rape.

    Recent observations by Delhi HC

    • Spousal intimacy: In a marriage, conjugal expectation is a two-way street, where “consent is given as a part of spousal intimacy although the will to engage may be absent”.
    • Need for written agreement: If every such case is treated as marital rape, then the only way partners in a marriage may survive would be by drawing up a detailed written agreement.
    • Burden of evidentiary record: This would lead to creating a detailed evidentiary record of every act of intimacy and/or by inviting a third party to act as a witness.
    • Defying marital obligations: The HC said that marriage was accompanied by obligations that the partners had to bear, including conjugal expectations, financial obligations and, finally, duty towards progeny.
    • Sexual liberty of spouses: The bench also underlined the signs of injury on a partner need not necessarily mean there had been non-consensual sex as “in the age of sexual liberation”, injuries could be a sign of “passion”.
    • Cruelty not rape: Forced sexual intercourse between a husband and wife cannot be treated as rape. At worst, it can be treated as sexual abuse found in Section 3 of the Domestic Violence Act.
    • Clash of ego: A wife cannot prescribe a particular punishment that can be imposed on the husband ‘to satisfy her ego’,” the HC said.

    Reasons for rebuttal of this concept

    • The reluctance to define non-consensual sex between married couples as a crime and to prosecute has been attributed to:
    1. Traditional views of marriage
    2. Interpretations of religious doctrines
    3. Ideas about male and female sexuality
    4. Cultural expectations of subordination of a wife to her husband
    • It is widely held that a husband cannot be guilty of any sexual act committed by himself upon his lawful wife their on account of their mutual matrimonial consent.

    Why it must be a crime?

    • Associated physical violence: Rape by a spouse, partner or ex-partner is more often associated with physical violence.
    • Mental harassment: There is research showing that marital rape can be more emotionally and physically damaging than rape by a stranger.
    • Compulsive relationship: Marital rape may occur as part of an abusive relationship.
    • Revengeful nature: Furthermore, marital rape is rarely a one-time event, but a repeated if not frequent occurrence.
    • Obligation on women: In the case of marital rape the victim often has no choice but to continue living with their spouse.

    Violation of fundamental rights

    • Marital rape is considered as a violation of FR guaranteed under Article 14 of the Indian constitution which guarantees the equal protection of laws to all persons.
    • By depriving married women of an effective penal remedy against forced sexual intercourse, it violates their right to privacy and bodily integrity, aspects of the right to life and personal liberty under Article 21.

    Problems in prosecuting marital rape

    • Lack of awareness: A lack of public awareness, as well as reluctance or outright refusal of authorities to prosecute is common globally.
    • Gender norms: Additionally, gender norms that place wives in subservient positions to their husbands, make it more difficult for women to recognize such rape.
    • Acceptability of the concept: Another problem results from prevailing social norms that exist.

    Present regulations in India

    • Indian Penal Code criminalizes rape in most cases, although marital rape is not illegal when the woman is over the age of 18.
    • However, until 2017, men married to those between 15 and 18 could not be convicted of rape.
    • Marital rape of an adult wife, who is unofficially or officially separated, is a criminal offence punishable by 2 to 7 year in prison; it is not dealt by normal rape laws which stipulate the possibility of a death sentence.
    • According to the Protection of Women From Domestic Violence Act (2005), other married women subject to such crime by their husband may demand for financial compensation.
    • They also have the right to continue to live in their marital household if they wish, or may approach shelter or aid homes.

    However, marital rape is still not a criminal offence in this case and is only a misdemeanour.

    Arguments against criminalization

    • Subjective: It is very subjective and intricate to determine whether consent was acquired or not.
    • Prone to Misuse: If marital rape is criminalized without adequate safeguards it could be misused like the current dowry law by the dissatisfied wives to harass and torture their Husbands.
    • Burden on Judiciary: It will increase the burden of judiciary which otherwise may serve other more important causes.

    Way forward

    • Sanctioning marital rape is an acknowledgement of the woman’s right to self-determination (i.e., control) of all matters relating to her body.
    • In the absence of any concrete law, the judiciary always finds it difficult to decide the matter of domestic rape in the absence of solid evidence.
    • The main purpose of marriage is procreation, and sometimes divorce is sought on the ground of non-consummation of marriage.
    • Before giving a final interpretation, the judiciary must balance the rights and duties of both partners.

     

  • Chinese firm to build Solomon Islands Port Project

    solomon

    A Chinese state-backed company has won a contract to develop Honiara, a key port in the Solomon Islands. This is a major victory for China, which is seeking to gain a strategic foothold in the South Pacific.

    Why discuss this?

    • The Solomon Islands have become a focal point in the diplomatic tussle between China and the US, following the signing of a secret security pact between the Solomons and Beijing in 2022.
    • This has raised concerns that China may be establishing a permanent naval base in the country.

    About Solomon Islands

    • The Solomon Islands is a sovereign country consisting of six major islands and over 900 smaller islands in Oceania, to the east of Papua New Guinea and northwest of Vanuatu.
    • Its capital, Honiara, is located on the largest island, Guadalcanal.
    • It is part of the ethnically Melanesian group of islands in the Pacific and lies between Papua New Guinea and Vanuatu.
    • The country takes its name from the Solomon Islands archipelago, which is a collection of Melanesian islands that also includes the North Solomon Islands (a part of Papua New Guinea).
    • It excludes outlying islands, such as the Santa Cruz Islands and Rennell and Bellona.

    Quick recap of its past

    • The islands, which were initially controlled by the British Empire during the colonial era, went through the hands of Germany and Japan.
    • It then went back to the UK after the Americans took over the islands from the Japanese during World War II.
    • The islands became independent in 1978 to become a constitutional monarchy under the British Crown, with a parliamentary system of government.
    • Nevertheless, its inability to manage domestic ethnic conflicts led to close security relations with Australia, which is the traditional first responder to any crisis in the South Pacific.

    How did China enter the picture?

    • Earlier this year, the Solomon Islands established a security agreement with China, saying it needed Beijing’s assistance with its domestic security situation.
    • But the announcement had rattled the west, esp. the US, Australia and others in the Indo-Pacific region.
    • The concerns were that the agreement could potentially lead to a Chinese military base on the island nation and a gain in power-projection capabilities.
    • At that time, following intense scrutiny, the Solomon Islands had denied that the agreement would allow China to establish a naval base.

    What is the Solomon Islands’ stance?

    • The government has asked all partner countries with plans to conduct naval visits or patrols to put them on hold until a revised national mechanism is in place.
    • The revised national mechanism applied to all foreign vessels seeking access to the country’s ports.
    • The nation wanted to build up its own naval capacity.
    • It has some unfortunate experiences of foreign naval vessels entering its waters without any diplomatic clearance.

    What is behind China’s growing influence in the region?

    • There is no dispute that China has been rapidly increasing its presence and influence in the region for over three decades, particularly in the South Pacific.
    • Certainly Beijing views the Pacific Island region as an important component of its Belt and Road Initiative (BRI).
    • Specifically, it sees the region as a critical air freight hub in its so-called Air Silk Road, which connects Asia with Central and South America.

    Concerns of the West

    • The port project could open the door to a Chinese naval base, which would significantly extend China’s military reach in the South Pacific.”
    • It is likely that this security agreement between China and the Solomon Islands has been driven by, what the CFR calls, Beijing’s “sense of vulnerability” in the region.

    What is the rationale for the Solomon Islands’ increasing proximity to China?

    • The Solomon Islands had cultivated strong ties with Taiwan, which ended with the emergence of the current government in Honiara.
    • In 2019, the regime change switched Taiwan for China.
    • This was supposedly after Beijing offered half a billion US dollars in financial aid, roughly five times what Taiwan spent on the islands in the past two decades.
    • It has been alleged by the pro-Taiwan Opposition that the incumbent government has been bribed by China.

    Why is China interested in the Solomon Islands?

    • Isolating Taiwan: The Solomon Islands was one among the six Pacific island states which had official bilateral relations with Taiwan.
    • Supporter in UN: The small Pacific island states act as potential vote banks for mobilising support for the great powers in international fora like the United Nations.
    • Larger EEZ: These states have disproportionately large maritime Exclusive Economic Zones when compared to their small sizes.
    • Natural resources: Solomon Islands, in particular, have significant reserves of timber and mineral resources, along with fisheries.
    • Countering US: But more importantly, they are strategically located for China to insert itself between America’s military bases in the Pacific islands and Australia.

    What does this mean for the established geopolitical configuration in the region?

    • Diminishing western influence: The Pacific islands, in the post-World War II scenario, were exclusively under the spheres of influence of the Western powers, in particular, the US, UK, France and Australia and New Zealand.
    • Inserting into western hegemony: All of them have territorial possessions in the region, with the three nuclear powers among them having used the region as a nuclear weapons testing ground.
    • Shifting of dependencies: The smaller island nations of the region are heavily dependent on them, especially Australia as it is a resident power.
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  • Places in news: Sharda Peeth

    sharda

    Home Minister said that the government will move forward to open Sharda Peeth on the lines of the Kartarpur corridor.

    Why in news?

    • Activists request that the Sharda Peeth corridor should be made operational on the lines of Nankana Sahib Gurudwaras and the Kartarpur corridor in Pakistan.

    Sharda Peeth

    • Sharda Peeth is a Hindu temple located in the Neelam Valley in Pakistan-occupied Kashmir.
    • It is considered one of the 18 Maha Shakti Peethas, or major shrines, of the Hindu goddess Shakti.
    • The temple is an important pilgrimage site for Hindus, particularly those from the Kashmir Valley.

    History and Significance

    • The temple is believed to have been established in the 6th century CE by Adi Shankaracharya, a famous Hindu philosopher and saint.
    • Sharda Peeth became an important center of learning and scholarship during the medieval period, attracting scholars from all over India and even from as far as Central Asia.
    • The temple was destroyed several times by invading armies and underwent major renovations and restorations under various rulers over the centuries.
    • The temple’s importance declined during the colonial period and it fell into disrepair in the years following India’s partition in 1947.

    Current rundown state and Controversy

    • Sharda Peeth is now located in a remote and inaccessible part of Pakistan-administered Kashmir and has become a subject of political and religious controversy.
    • The Indian government has long sought to open a pilgrimage corridor to Sharda Peeth for Hindu devotees, but this has been complicated by the ongoing conflict and tension between India and Pakistan over Kashmir.
    • In recent years, there have been calls for the temple to be handed over to India or for it to be converted into a museum that can be visited by people from both sides of the border.

    Significance in Kashmiri Identity

    • Sharda Peeth is an important part of Kashmiri Hindu identity and culture, and its restoration and revival have been a longstanding demand of the community.
    • Some Kashmiri Pandits view the temple as a symbol of their lost homeland and argue that its restoration would be a step towards reclaiming their cultural and religious heritage.
    • Others, however, caution against politicizing the temple and argue that it should be seen as a shared heritage of all Kashmiris, regardless of their religious or political affiliations.

     

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  • Abel Prize for Maths

    abel

    The Abel Prize for mathematics for 2023 was awarded to Argentine-American Luis Caffarelli, an expert in “partial differential equations” which can explain phenomena ranging from how water flows to population growth.

    Abel Prize

    • The Abel Prize is a prize awarded annually by the King of Norway to one or more outstanding mathematicians.
    • It is named after Norwegian mathematician Niels Henrik Abel (1802–1829) and directly modeled after the Nobel Prizes.
    • It comes with a monetary award of 7.5 million Norwegian kroner (NOK) (increased from 6 million NOK in 2019).
    • Its establishment was proposed by the Norwegian mathematician Sophus Lie when he learned that Alfred Nobel’s plans for annual prizes would not include a prize in mathematics.
    • The laureates are selected by the Abel Committee, the members of which are appointed by the Norwegian Academy of Science and Letters.

    Has any Indian ever won this prestigious prize?

    • Srinivasa Varadhan, an Indian-American citizen won the Abel Prize in the year 2007 for his valuable contribution in “probability theory and in particular for creating a unified theory of large deviation”.

     

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  • Call Before u Dig Application

    dig

    Prime Minister has launched the ‘Call Before u Dig’ (CBuD) app, to facilitate coordination between excavation agencies and underground utility owners to prevent damage to utilities due to digging.

    Call Before u Dig (CBUD)

    • The app is an initiative of the Department of Telecommunications, Ministry of Communications.
    • Uncoordinated digging and excavation causes damage to underlying assets like optical fibre cables, leading to losses of about Rs 3,000 crore every year.
    • The app aims to prevent damage to utilities due to digging.
    • It will save potential business loss and minimise discomfort to citizens due to reduced disruption in essential services like road, telecom, water, gas and electricity.

    How does the app work?

    • The CBuD app connects excavators and asset owners through SMS/Email notifications and click-to-call.
    • It ensures planned excavations in the country while ensuring the safety of underground assets.
    • Excavating companies can inquire about existing subsurface utilities before starting excavation work.
    • Utility owners can find out about impending work at the location.

     

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  • Why do so many Waste-to-Energy Plants fail?

    waste

    The Kerala government has announced its first waste-to-energy project in Kozhikode, which is expected to be built in two years and generate about 6 MW of power.

    What are Waste-to-Energy Plants?

    • Waste-to-energy plants are facilities that use non-recyclable dry waste to generate electricity.
    • The process involves combusting the non-recyclable dry waste, which generates heat that is then converted into electricity.
    • These plants are used to increase a state’s power generation capacity while also easing the burden of solid waste management.

    Feasibility of such plants

    • Waste-to-energy plants consume a portion of the non-recyclable dry waste generated in urban local bodies (ULBs) nearby.
    • These plants can be a good way to deal with the mountains of waste that Indian cities produce but require the unwavering support of the municipality, its residents, and the State to succeed.

    Operational status in India

    • In India, solid waste is generally composed of 55-60% biodegradable organic waste, 25-30% non-biodegradable dry waste, and around 15% silt, stones, and drain waste.
    • However, despite there being around 100 waste-to-energy projects around the country, only a handful of them are operational, thanks to various production and operation challenges.

    Why do such projects often fail?

    • Waste-to-energy projects often fail because of improper assessments, high expectations, improper characterisation studies, and other on-ground conditions.
    • They faces several challenges, such as-
    1. Low calorific value of solid waste in India due to improper segregation
    2. High costs of energy production, and
    3. Variable quantity of waste generated by cities due to multiple factors.

    Various challenges

    • Improper segregation: The calorific value of mixed Indian waste is about 1,500 kcal/kg, which is not suitable for power generation. Waste-to-energy plants require segregated and dried non-recyclable dry waste, which has a calorific value of 2,800-3,000 kcal/kg. However, segregation of waste is often not done properly, which can lead to low-quality feedstock and reduced power generation.
    • High costs: The cost of generating power from waste is around Rs 7-8/unit, while the cost at which the States’ electricity boards buy power from coal, hydroelectric, and solar power plants is around Rs 3-4/unit. This high cost of energy production can make waste-to-energy projects less attractive compared to other sources of energy.
    • Low efficiency: Such projects have low efficiency due to the low calorific value of mixed waste, which reduces the amount of energy that can be generated. This can make it difficult to generate sufficient power to make the project financially viable.
    • Operational challenges: Such projects are often subject to operational challenges, such as improper assessments, high expectations, improper characterisation studies, and other on-ground conditions. The quantity of waste generated by cities varies due to multiple factors, including season, rainfall, and the floating population, which can make it difficult to get a consistent supply of feedstock.
    • Environmental concerns: Such plants can generate emissions, such as nitrogen oxides, sulfur dioxide, and particulate matter, which can be harmful to the environment and human health. Therefore, it is important to ensure that these plants operate with proper environmental controls in place.

    Way forward

    • Proper segregation: To overcome these challenges, the municipality must ensure that only non-biodegradable dry waste is sent to the plant and separately manage the other kinds of waste.
    • Public awareness: The full support of the municipality, the State, and the people is crucial for the success of the project.
    • Extensive field studies: It is also necessary to conduct field studies and learn from the experience of other projects.
    • All-stakeholders collaboration: There should be a tripartite agreement between the municipality, the plant operator, and the power distribution agency to optimise cost per unit of power.

     

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  • Key takeaway of the IPCC Synthesis Report

    ipcc

    The IPCC Synthesis Report warns that the world is on track to breach the 1.5-degree Celsius global warming limit by the 2030s, which would cause irrevocable damage to the planet’s ecosystem and severely impact humans and other living beings.

    What is IPCC Synthesis Report?

    • The IPCC Synthesis Report is a summary report produced by the Intergovernmental Panel on Climate Change (IPCC) that presents key findings and policy recommendations from the group’s previous assessment reports.
    • It aims to provide policymakers with a concise overview of the current state of knowledge on climate change, its impacts, and options for mitigation and adaptation.
    • The Synthesis Report is released at the end of each assessment cycle, which typically takes six to seven years, and is approved by representatives from the IPCC’s member governments.

    Intergovernmental Panel on Climate Change (IPCC)

    • The IPCC, an intergovernmental body was established in 1988 by the World Meteorological Organization (WMO) and the United Nations Environment Programme (UNEP).
    • It was later endorsed by the UN General Assembly. Membership is open to all members of the WMO and UN.
    • The IPCC produces reports that contribute to the work of the UN Framework Convention on Climate Change (UNFCCC), the main international treaty on climate change.

     

    Key highlights of the synthesis report

    • Climate extremes on rise: Due to the current global warming levels, almost every region across the planet is already experiencing climate extremes, an uptick in deaths due to heatwaves, reduced food and water security, and damage to ecosystems, causing mass extinction of species on land and in the ocean.
    • High vulnerability: More than three billion people live in areas that are “highly vulnerable” to climate change.
    • Boost up climate finance: The largest gaps in climate finance are in the developing world, but so too are the largest opportunities.

    Key concerns raised

    The report highlights the urgent need for-

    • Limiting the use of fossil fuels
    • Increasing finance to climate investments
    • Expanding the clean energy infrastructure,
    • Reducing nitrogen pollution from agriculture, curtail food waste, and
    • Adopting measures to make it easier for people to lead low-carbon lifestyles

    Conclusion

    • The report adds that there is still a chance to avert this mass-scale destruction, but it would require an enormous global effort to slash greenhouse gas emissions in half by 2030 and completely phase them out by 2050.
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  • What is the National Security Act, 1980?

    Punjab Advocate General has confirmed the invocation of National Security Act (NSA) to Amritpal Singh’s case.

    National Security Act, 1980

    • The NSA was passed by the Parliament in 1980 and has been amended several times since then.
    • It empowers the state to detain a person without a formal charge and without trial.
    • It is invoked when a person is taken into custody to prevent them from acting in any manner prejudicial to “the security of the state” or for “maintenance of the public order”.
    • It is an administrative order passed either by the Divisional Commissioner or the District Magistrate.

    Grounds for detention under NSA

    • NSA can be invoked to prevent a person from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India.
    • Among others, it can also be applied to prevent a person from acting in any manner prejudicial to the maintenance of supply and services essential to the community.
    • An individual can be detained without a charge for a maximum period of 12 months.
    • The detained person can be held for 10 to 12 days in special circumstances without being told the charges against them.

    Protection available under the Act

    • One crucial procedural safeguard under the NSA is granted under Article 22(5).
    • All the detained persons have the right to make an effective representation before an independent advisory board.
    • The board is chaired by a member who is, or has been, a judge of a high court.
    • The DM who passes the detention order is protected under the Act and no prosecution or any legal proceeding can be initiated against the official who carries out the orders.

    Cases for misuse

    • The Supreme Court in earlier cases had held that to prevent “misuse of this potentially dangerous power, the law of preventive detention has to be strictly construed”.
    • “Meticulous compliance with the procedural safeguards” has to be ensured.

    Criticism of NSA

    • Human rights groups have said in the past that the Act vitiates Article 22 of the Constitution and various provisions under the CrPC that safeguard the interest of an arrested person.
    • Under the CrPC, the arrested person has to be produced before the nearest Magistrate within 24 hours, but the NSA carves out an exception.
    • Some human rights groups argue that it is often misused by authorities to silence political opponents or those who are critical of the government.
    • There have been calls for the Act to be repealed or amended to prevent its abuse.
    • However, there is an opposing view that the Act cannot be construed to be a draconian law as it protects the larger interest of the state and is therefore likely to stay.

    Try this MCQ:

    Which of the following is a true statement about the National Security Act, 1980?

    A) The Act allows preventive detention only for specific violations of the law.

    B) The detained person has the right to move a bail application before a criminal court.

    C) A person can be detained under the Act only if he/she has been charged with a crime.

    D) The Act can be invoked to prevent a person from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India.

     

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