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GS Paper: GS1

  • Carbon Pricing: The Way For Decarbonization

    Carbon

    Central Idea

    • Environmental destruction has been a consequence of boosting GDP growth in every country due to the absence of a price for natural resources like air and forests. To combat this, the biggest economies of the G-20 must agree on valuing nature, including by pricing carbon effluents. As president of the G-20 this year, India can take the lead in carbon pricing, which will open unexpected avenues of decarbonization.

    Pricing Carbon at present

    • Three ways of pricing carbon: carbon tax, emissions trading system (ETS), and import tariff on the carbon content
    • GHG emission: 46 countries price carbon, covering only 30% of global greenhouse gas (GHG) emissions
    • IMF’s proposed price: International Monetary Fund (IMF) proposed price floors of $75, $50, and $25 a ton of carbon for the United States, China, and India, respectively
    • Benefits: Economy-wide benefits of carbon pricing in terms of damages avoided generally outweighed the cost it imposed on individual industries in EU, British Columbia, Canada, and Sweden
    • Boost to renewables: Carbon pricing makes investment in renewable energy such as solar and wind more attractive.

    Facts for prelims

    Carbon Pricing Method Description
    Carbon Tax A domestic tax imposed on carbon emissions, directly discouraging the use of fossil fuels and raising revenue for investment in cleaner sources of energy or protection of vulnerable consumers. Example: Korea and Singapore.
    Emissions Trading System (ETS) A system that allows entities with excess emissions allowances to sell them to those that are emitting more than their allotted limit. Example: European Union and China.
    Import Tariff on Carbon Content A tax on imported goods based on the amount of carbon emissions produced during their manufacturing process, designed to discourage importing high-emissions products. Example: Proposed by the European Union.
    Carbon Offsets A voluntary mechanism in which companies or individuals pay for projects that reduce greenhouse gas emissions. These projects may include reforestation, renewable energy, or energy efficiency initiatives. The amount of emissions reduced by the project can then be used to offset the emissions of the buyer.

    Carbon pricing for India

    • Among the three ways of pricing, India could find a carbon tax appealing as it can directly discourage fossil fuels, while raising revenues which can be invested in cleaner sources of energy or used to protect vulnerable consumers
    • IMF proposed $25 a ton as a starting point for India
    • The main obstacle is the argument by industrial firms about losing their competitive advantage to exporters from countries with a lower carbon price
    • All high, middle, and low-income countries should set the same rate within each bracket

    Carbon

    Way ahead: Need for Global Carbon Pricing

    • The first movers will be the most competitive: High enough carbon tax across China, the US, India, Russia, and Japan alone (more than 60% of global effluents), with complementary actions, could have a notable effect on global effluents and warming. The first movers will be the most competitive
    • India’s leadership: India can play a lead role by tabling global carbon pricing in the existential fight against climate change as president of the G-20 summit this September
    • Communication is important: Any type of carbon pricing faces stiff political opposition therefore communicating the idea of wins at the societal level is vital.

    Back to Basics: GHG’s

    Greenhouse Gas

    		 Properties Major Sources

    Impact
    Carbon Dioxide (CO2) -Long-lived in atmosphere.

    -Traps heat from the sun

    		 – Burning of fossil fuels (coal, oil, gas)

    -Deforestation

    		 – Accounts for 76% of global GHG emissions – Primary cause of climate change
    Methane (CH4) – Short-lived in atmosphere

    – Traps more heat than CO2

    		 – Agriculture (livestock digestion, manure management)

    – Energy production

    – Landfills

    		 – Accounts for 16% of global GHG emissions – Contributes to both climate change and air pollution
    Nitrous Oxide (N2O) – Long-lived in atmosphere

    – Traps more heat than CO2

    		 – Agriculture (fertilizer use, manure management)

    – Industrial processes

    – Combustion of fossil fuels

    		 – Accounts for 6% of global GHG emissions

    – Contributes to both climate change and air pollution
    Fluorinated Gases (HFCs, PFCs, SF6) – Can have high global warming potential – Industrial processes (refrigeration, air conditioning)

    – Semiconductors

    – Electrical transmission equipment

    		 – Accounts for less than 3% of global GHG emissions

    – Can have very high global warming potential
    Ozone (O3) – Not a GHG, but plays a role in climate change – Human-made chemicals that release ozone into the atmosphere – Contributes to climate change by trapping heat
    Chlorofluorocarbons (CFCs) – Human-made chemicals that destroy ozone in the atmosphere – Used in refrigeration, air conditioning, and aerosol sprays – Contributes to climate change by destroying ozone, which leads to greater heat-trapping

    Carbon

    Conclusion

    • India can take the lead in carbon pricing as president of the G-20 this year. By pricing carbon effluents, India can promote investment in renewable energy, protect vulnerable consumers, and contribute to the global fight against climate change. However, there is a need for effective communication to ensure that the idea of carbon pricing is understood at the societal level, and any type of carbon pricing faces stiff political opposition.

  • Arctic scientists race to preserve ‘Ice Memory’

    snap

    Scientists from Italy, France, and Norway have set up camp in Norway’s Svalbard archipelago to extract samples of ancient ice for analysis before the frozen layers melt away due to climate change.

    ‘Ice Memory’ Project

    • Scientists will drill a series of tubes as far as 125 meters (137 yards) below the surface, which contains frozen geochemical traces dating back three centuries.
    • The scientists will work for three weeks in temperatures as low as -25 degrees Celsius (-13 Fahrenheit) to extract ice.
    • The Ice Memory foundation is running the operation.
    • The ice cores will provide scientists with valuable data about past environmental conditions.

    Analysis and storage

    • One set of ice tubes will be used for immediate analysis, while a second set will be sent to Antarctica for storage in an “ice memory sanctuary” under the snow.
    • The samples will be preserved for future generations of scientists.

    Reason for drilling

    • The Arctic is warming between two and four times faster than the global average, and water from melting ice is altering the geochemical records preserved in ancient ice beneath.
    • Hence, scientists are in a race against time to preserve crucial ice records before it disappears forever from the surface of the planet.

  • ICJ and Climate Justice

    Central idea: On March 29, the United Nations General Assembly passed a resolution that requested an advisory opinion from the International Court of Justice (ICJ) regarding the obligations countries have towards climate change reduction.

    Facts for prelims: International Court of Justice (ICJ)

    • The ICJ is the principal judicial organ of the United Nations (UN).
    • It was established in June 1945 by the Charter of the United Nations and began work in April 1946.
    • The court is the successor to the Permanent Court of International Justice (PCIJ), which was brought into being through, and by, the League of Nations.
    • It held its inaugural sitting at the Peace Palace in The Hague, Netherlands, in February 1922.
    • After World War II, the League of Nations and PCIJ were replaced by the United Nations and ICJ respectively.
    • The PCIJ was formally dissolved in April 1946, and its last president, Judge JosĂ© Gustavo Guerrero of El Salvador, became the first president of the ICJ.
    • Four Indians have been members of the ICJ so far.
    • Justice Dalveer Bhandari, former judge of the Supreme Court, has been serving at the ICJ since 2012.

     

    Vanuatu seeks climate reparations

    • The resolution, which was passed by consensus, was pushed through by the Pacific Island of Vanuatu, which was devastated by Cyclone Pam in 2015.
    • This resolution is significant because it invokes article 96 of the U.N. Charter and seeks to clarify the legal obligations of states to protect the climate system.

    Resolution A/77/L.58: What does it seek?

    The draft resolution (A/77/L.58) asks the ICJ to deliberate on two questions:

    1. Obligations of states: Under international law to ensure the protection of the climate system for present and future generations
    2. Legal consequences: For states that have caused significant harm to the climate system, particularly for Small Island Developing States (SIDS) and for people who are harmed?

    Frameworks invoked by Vanuatu

    The resolution refers to several international protocols, including the-

    1. Paris Agreement
    2. United Nations Convention on the Law of the Sea and
    3. Universal Declaration of Human Rights

    What do sponsors of the resolution want?

    • The sponsors of the resolution expect an advisory opinion from the ICJ to bolster the efforts under the global climate pledge.
    • The opinion is also expected to clarify more contentious issues, such as-
    1. Climate reparations by the developed world,
    2. Legal culpability for countries that don’t achieve their NDC promises
    3. Climate support to the most vulnerable parts of the world

    Where does India stand over this?

    • India has been silent about the resolution, although it is generally supportive of climate justice and holding the developed world accountable for global warming.
    • India did not co-sponsor the draft resolution, unlike its neighbors Bangladesh, Maldives, Nepal, and Sri Lanka.

    If ICJ intervenes, what would change?

    • Only advisory opinion: The ICJ is being asked for an advisory opinion, which would not be legally binding as an ICJ judgment.
    • Puts moral obligation: The ICJ carries “legal weight and moral authority”.
    • Symbolic significance: ICJ’s clarification of international environmental laws would make the process more streamlined, particularly as the COP process looks at various issues like climate finance, climate justice, and the most recently agreed to “loss and damages” etc.

    Conclusion

    • The resolution passed by the UNGA requesting an advisory opinion from the ICJ is a step in the right direction towards clarifying the legal obligations of states to mitigate climate change and protect the environment for future generations.
    • To ensure the success of this effort, countries need to continue to engage in diplomatic efforts and work towards shared goals.
    • Countries should also actively participate in the ICJ process and respect the advisory opinion it delivers.

  • UN allows Deep Sea Mining operations from July

    mining

    Central idea: The International Seabed Authority has announced that it will start accepting applications from companies for deep sea mining from July.

    Why in news?

    • This decision was made in the absence of a mining code that has not been put in place yet.

    What is Deep Sea Mining?

    • Deep-sea mining is the process of extracting minerals from the deep ocean floor.
    • The minerals that are extracted can include valuable metals such as copper, gold, nickel, and manganese, as well as rare earth metals that are used in high-tech devices such as smartphones, computers, and electric vehicles.
    • The minerals are found in the form of polymetallic nodules that are located on the ocean floor at depths of around 4 to 6 kilometers.
    • Deep-sea mining involves the use of specially designed equipment that can withstand the extreme pressure and temperature conditions found at these depths.

    About International Seabed Authority

    • The International Seabed Authority is a Jamaica-based organization established under the United Nations Convention on the Law of the Sea.
    • The authority holds jurisdiction over the ocean floors outside of the Exclusive Economic Zones of its 167 member states.

    Reasons behind undersea mining

    • The mining is aimed at extracting cobalt, copper, nickel, and manganese from the ocean’s floor.
    • The undersea mining will extract key battery materials from polymetallic nodules found at depths of 4 kilometers to 6 kilometers.
    • These nodules are potato-sized rocks containing cobalt, copper, nickel, and manganese.

    Key concern: Mining code missing

    • Despite 10 years of discussion, there is no mining code in place.
    • The governing council of ISA is uncertain about the process it should adopt for reviewing applications for mining contracts.

    Issues with deep-sea mining

    • Deep-sea mining is a controversial issue that has raised concerns among non-governmental organizations, experts, and some countries.
    • One major concern is the potential damage to the seabed and the essential function of deep-sea ecosystems in regulating the climate.
    • Mining activities can also have wider impacts on fish populations, marine mammals, and other ocean life.

    Tap to read more about

    India’s Deep Ocean Mission

  • In news: Formation story of Rajasthan

    rajasthan

    Rajasthan Day is celebrated on March 30, marking the day the state was created by unifying 22 princely states and chiefships. Rajasthan’s story of foundation is intriguing.

    Formation of Rajasthan

    • At the time of Independence, Rajasthan was almost wholly contained in the Rajputana Agency, a political office of the British Indian Empire.
    • The Rajputana Agency consisted of 22 princely states and estates.
    • Less than 22 months after Independence, all 22 had assimilated to form what would become India’s largest state.
    • However, modifications were made to the boundaries after the State Reorganisation Act (1956), giving Rajasthan its present shape.

    Challenges of Princely States

    (1) Rajputana Agency

    • The Rajputana Agency spanned roughly 330,330 sq. km, with an agent under the Governor-General in charge, residing at Mount Abu.
    • All the princely states and estates in the agency (22 in total) were ruled by Hindu rulers with the exception of Tonk (which had a Muslim ruler).

    (2) The Matsya Union

    • The States Ministry believed that four princely states – Alwar, Bharatpur, Dholpur, and Karauli – at the eastern edge of the erstwhile Rajputana Agency had “natural, racial and economic affinities” with each other.
    • Thus, the Matsya Union was inaugurated on March 18, 1948.

    (3) Rajasthan Union in South-East Rajputana

    • Ten princely states, with Udaipur (also known as Mewar) being the largest, wanted to form a union.
    • An idea to merge these into Madhya Bharat was also floated but did not go through.
    • Another idea to merge these states into the much larger Udaipur was proposed by the Maharana of Udaipur, Bhupal Singh Bahadur.
    • However, this was not agreeable to the other princely states. Hence, on March 25, 1948, the nine other states came together to form the Rajasthan Union.
    • Within three days after its formation, Udaipur decided to join this union.

    (4) Greater Rajasthan

    • The four largest princely states – Jaipur, Jodhpur, Bikaner, and Jaisalmer – still remained independent.
    • The alternative, backed by Patel, was to merge all four states into the newly formed Rajasthan Union.
    • Greater Rajasthan was officially inaugurated by Patel on March 30, 1949 – the date still celebrated as Rajasthan Day.

    Modifications by the State Reorganisation Commission

    • The State Reorganisation Commission (SRC) was formed in 1953 to recommend new state boundaries to the government, in response to demands for states based on linguistic lines.
    • The SRC’s recommendations, with some modifications, were implemented in the State Reorganisation Act of November 1, 1956.
    • For Rajasthan, this brought some minor changes, including the integration of Ajmer as a district within Rajasthan, given its linguistic, cultural, and geographical links to the state.
    • Abu Road Taluk, a taluk of the Sirohi district of southern Rajasthan, was also integrated into Rajasthan after being sliced and included in the Bombay State.
    • The enclave of Sunel in Rajasthan’s southeastern edge was received from Madhya Pradesh in exchange for the enclave of Sironj, due to administrative reasons.

    Conclusion

    • Overall, the state of Rajasthan was created through a complex process of merger and integration of various princely states and chiefships.
    • Today, Rajasthan is the largest state in India in terms of land area, covering 342,239 square kilometers, and is known for its rich cultural heritage, majestic forts and palaces, vibrant festivals, and diverse cuisine that attract visitors from all over the world.

     

  • Climate Justice and Accountability: Can Countries be Sued for Failing to Avert Climate Emergencies

    Central Idea

    • The UN General Assembly has asked the International Court of Justice to weigh in on whether countries can be sued under international law for failing to avert climate emergencies, reflecting the frustration of the international community with global climate agencies and the need for more effective climate action.

    Background

    • Resolution by Vanuatu: The resolution, sponsored by the small Pacific island nation of Vanuatu, was adopted unanimously, indicating global consensus on the climate crisis.
    • Delay climate action: Frustration with the procedures of global climate agencies, particularly the United Nations Framework Convention on Climate Change (UNFCCC), stems from their deliberations often ending in compromises that delay climate action.
    • ICJ’s decision carries moral weight: The Hague-based court’s opinion will not be binding but carries moral weight, potentially setting the stage for countries to incorporate climate justice in their legal frameworks.

    Role of ICJ and its jurisdiction

    1. Contentious: Contentious jurisdiction refers to the ICJ’s authority to resolve legal disputes between consenting states. Decisions made under contentious jurisdiction are binding
    2. Advisory:
    • Advisory jurisdiction allows the UN General Assembly (UNGA), the Security Council (SC), and other specialized bodies of the organization to request the ICJ’s opinion on a legal question.
    • The ICJ’s advisory opinions are non-binding. However, they hold significant normative weight and serve to clarify international law on relevant issues.
    • The ICJ’s advisory opinion on climate change can be useful in climate-related litigation at the national level.

    Previous attempts to address climate change in non-environmental forums

    • Global warming on agenda: Global warming has been part of the UN Security Council’s agenda since 2007, with the UNSC attempting to frame the issue from a security standpoint, rather than solely from developmental or environmental perspectives.
    • Securitization of climate change: Developing countries, including India and China, have rightly resisted the securitization of climate change, arguing that it could lead to the imposition of sanctions and other coercive measures.
    • Rights and justice: The use of rights and justice vocabulary has given the Vanuatu-sponsored proposal more traction and global support.

    Rights and justice vocabulary and recent developments

    • Climate justice: The Vanuatu-sponsored proposal emphasizes the importance of climate justice in addressing the issue.
    • Right to reparations: Countries have started asserting their right to reparations after climate emergencies, such as Pakistan after the devastating floods in 2020 and the recent discussions on loss and damage during the COP26 conference in Glasgow.
    • Rising climate litigation cases worldwide: The rise of climate litigation cases worldwide, where citizens and organizations sue governments and corporations for their failure to act on climate change, highlights the growing demand for climate justice.

    Challenges in holding countries accountable

    • Holding individual accountable: Holding individual countries or governments accountable for their climate inaction has been a major stumbling block at several climate meets.
    • Compensation issue: The Paris Agreement contains a clause specifying that the pact does not involve or provide a basis for any liability or compensation, inserted under pressure from US diplomats.
    • Adamant stance: American support for the UNGA resolution was reportedly reluctant, indicating that powerful countries might resist being held accountable for their climate inaction.

    Conclusion

    • The UNGA’s intervention should not detract from the task of reforming the UNFCCC. Institutions of the umbrella climate agency need to be more equity-sensitive and justice-oriented. Engaging with the ICJ could push it in that direction, but wealthier members of the UNFCCC must show more initiative. The growing demand for climate justice and the increasing number of climate litigation cases highlight the importance of addressing the issue in a just and equitable manner.

  • Vaikom: A Symbol of Social Justice and Eradication of Caste Barriers

    Vaikom

    Central Idea

    • Vaikom is a town in Kerala, India, that became a symbol of social justice due to the temple entry movement launched in 1924, aiming to end the prohibition imposed on backward communities in using the roads around the Vaikom Mahadeva temple. The Kerala government has organized various cultural events to commemorate the movement and its significance in the state’s history. Tamil Nadu also observes the occasion, as announced by Chief Minister M.K. Stalin, recognizing the role of Tamil leaders like Periyar E.V. Ramasamy in the movement’s success.

    Vaikom

    All you need to know about Vaikom Satyagraha

    1. Objective:
    • The primary goal was to end the prohibition on backward communities from using the roads surrounding the Vaikom Mahadeva temple, which symbolized the caste-based discrimination prevalent in society.
    • The movement sought to create a more inclusive society where people from all castes could access public spaces and religious sites without discrimination.
    1. Leaders:
    • Kerala:K. Madhavan, K.P. Kesava Menon, and George Joseph were prominent leaders from Kerala who initiated and guided the movement.
    • Tamilnadu: Periyar E.V. Ramasamy, then president of the Tamil Nadu Congress, played a crucial role in sustaining the movement and leading it to success.
    • Mahatma Gandhi: Mahatma Gandhi advised the movement leaders and helped in negotiating between the government, protesters, and orthodox Hindus.
    1. Significance:
    • Social equality and justice: The Vaikom Satyagraha was a groundbreaking non-violent protest that fought for social equality and justice, challenging the caste system in India.
    • Temple entry: The movement’s success paved the way for the temple entry proclamation of Kerala in 1936, which granted lower caste individuals the right to enter temples.
    • Fight against caste barriers: The Vaikom Satyagraha remains a symbol of the fight against caste barriers in India and the struggle for social justice.
    1. Challenges and Hurdles:
    • The movement faced repressive action from the government and the administration, with many protesters and leaders arrested during the course of the protest.
    • Orthodox Hindu traditionalists organized counter rallies marked by violence, aiming to suppress the movement and maintain the status quo.
    1. Outcome and Legacy:
    • The movement spanned 603 days, witnessing many significant events.
    • The Travancore princely state government eventually granted access to three of the four streets around the Vaikom temple, signaling the end of the protest.
    • The Vaikom Satyagraha continues to inspire the fight for equality and justice in India, serving as a reminder of the importance of challenging caste-based discrimination.

    Vaikom

    Periyar’s Role and the Movement’s Progress

    • Periyar E.V. Ramasamy played a significant role in leading the protest, earning him the title Vaikom Veerar (Hero of Vaikom).
    • The movement was marked by day-to-day protests, arrests, inquiries, jail terms, and agitations.
    • People from various communities participated in the movement, including the Akalis from Punjab, who traveled to Vaikom to supply food to the protesters.

    Vaikom

    Facts for prelims: Vaikom Satyagraha

    Aspect Details
    Time Period March 30, 1924 – November 23, 1925
    Objective End caste-based discrimination; Allow backward communities access to roads around Vaikom Mahadeva temple
    Key Leaders T.K. Madhavan, K.P. Kesava Menon, George Joseph, Periyar E.V. Ramasamy, Mahatma Gandhi
    Significance Paved the way for temple entry proclamation of Kerala in 1936; Symbol of fight against caste barriers
    Challenges and Hurdles Repressive action from government and administration; Opposition from orthodox Hindu traditionalists
    Outcome and Legacy Access granted to three of the four streets around the Vaikom temple; Inspired continued fight for equality
    Commemoration Cultural events organized by the Kerala government; Observations in Tamil Nadu to recognize Tamil leaders’ role

     Conclusion

    • Vaikom is not just a name of a town but a symbol of social justice and the eradication of caste barriers. It is a significant part of the history of the social justice movement in India and continues to inspire the fight for equality and justice.

  • Dalai Lama’s Succession and Chinese Intervention

    dalai lama

    The Dalai Lama has named a US-born Mongolian boy as the tenth Khalkha Jetsun Dhampa, the head of the Janang tradition of Tibetan Buddhism and the Buddhist spiritual head of Mongolia.

    Do you know?

    “Rinpoche” is a title used in Tibetan Buddhism, which is given to a highly respected teacher or lama. It literally means “precious one” and is used to indicate respect and reverence for the person. The title is often given to senior lamas or to those who are considered to be reincarnations of past masters.

    Who is the Dalai Lama?

    • The Dalai Lama (a title) is the spiritual leader of Tibetan Buddhism.
    • He is believed to be the reincarnation of the previous Dalai Lama and is regarded as an important figure not only in Tibet but also around the world.
    • The Dalai Lama is traditionally both the political and spiritual leader of Tibet, but after China’s occupation of Tibet in 1950, he went into exile in India and since then has been primarily a spiritual leader.
    • The current and 14th Dalai Lama is Tenzin Gyatso, who was born in Tibet in 1935 and has been in exile in India since 1959.

    Brief Outline of Tibetan Buddhism

    • Tibetan Buddhism became the predominant religion in Tibet by the 9th century AD, evolving from the Mahayana and Vajrayana traditions of Buddhism and incorporating many tantric and shamanic practices.
    • It has four major schools: Nyingma, Kagyu, Sakya, and Gelug, with the Janang school being one of the smaller schools that grew as an offshoot of the Sakya School.
    • Since 1640, the Gelug School has been the predominant school of Tibetan Buddhism, and the Dalai Lama belongs to this school.

    Hierarchy and Reincarnation in the Tibetan Buddhist Tradition

    • The cycle of birth, death, and rebirth is one of Buddhism’s key beliefs.
    • Tibet’s hierarchical system seemingly emerged in the 13th century, and it was around this time that the first instances of “formally recognizing the reincarnations of lamas” can be found.
    • The Gelug School developed a strong hierarchy and instituted the tradition of succession through reincarnation, with the fifth Grand Lama of the school being conferred the title of Dalai Lama.
    • Several procedures/tests are followed to recognize Tulkus (recognized reincarnations).

    Key issue: Chinese interference

    • The announcement of the boy’s reincarnation has brought attention back to the larger question of the 14th Dalai Lama’s own reincarnation.
    • The issue of his reincarnation has deep ramifications on international politics, with China seeking to control the succession and take control over Tibet in the cultural sphere.

    What lies ahead?

    • The question of the Dalai Lama’s reincarnation is set to continue for the foreseeable future.
    • The Dalai Lama himself has not provided a definitive answer regarding what will happen, although he has suggested that there may be no Dalai Lama after him.
    • The question of his reincarnation continues to hold great political implications due to his symbolic authority and importance to millions of Tibetans across the world.

  • What is Bilkis Bano Case?

    bilkis bano

    The Supreme Court has indicated it will primarily focus on the question of Gujarat’s jurisdiction to prematurely release 11 men sentenced to life for the gang rape of Bilkis Bano and the murder of her family during the 2002 riots.

    Central idea

    • The Bilkis Bano case is a landmark case of gangrape and mass murder that occurred during the 2002 Gujarat riots in India.
    • Bilkis Bano, then a 21-year-old pregnant woman, was raped and her family members were murdered during the riots that followed the Godhra train burning incident.
    • The case was initially left unnoticed, but after persistent efforts by Bano and her supporters, the case was reopened and the perpetrators were brought to justice.

    Initial investigation and cover-up

    • No proper investigation: Despite the gravity of the crime, the initial investigation was not conducted properly.
    • Evidence tampered: The medical examination of Bano was conducted after several days, by which time crucial evidence had been lost.
    • No FIR registered: The police refused to file a First Information Report (FIR) initially, and when they did, they left out crucial details of the incident.

    Reopening of the case

    • Bano and her supporters continued to fight for justice, and in 2004, the case was transferred to the Central Bureau of Investigation (CBI) on the order of the Supreme Court.
    • The CBI conducted a thorough investigation and filed a charge sheet against 19 accused persons, including police officers and doctors who had tried to cover up the crime.
    • In 2008, the trial began in a Mumbai court.

    Conviction and sentencing

    • In 2017, after a long legal battle, a Mumbai court convicted 11 accused persons, including one police officer, for gang rape and murders.
    • The police officer, who was the main accused, was sentenced to life imprisonment, while the others were given seven years’ imprisonment.
    • The court also acquitted seven other accused persons due to lack of evidence.

    Key issue: Release of convicts

    • In February 2021, the Bombay High Court acquitted five of the convicted persons, citing lack of evidence.
    • The court also upheld the life imprisonment of the police officer and reduced the sentence of the other convicts to three years.
    • The convicts were released from prison after serving their sentence.

    What are the laws on remissions?

    • Prisoners are often granted remission of sentences and released on important occasions such as birth and death anniversaries of prominent leaders.
    • The President and the Governors have the power to pardon, suspend, remit, or commute a sentence passed by the courts under Articles 72 and 161 of the Constitution.
    • Under Section 432 of the Code of Criminal Procedure (CrPC), the state governments also have the power to remit sentences as prisons are a state subject.
    • However, the powers of remission of the state government are restricted by Section 433A of the CrPC.
    • It mandates a person serving a life imprisonment sentence for an offence where death is a punishment or where a death sentence has been commuted, cannot be released until they have served at least 14 years in prison.

    Critical reception of the judgement

    • Justice vindicated: Bano and her family members expressed disappointment with the decision of the court to acquit some of the convicts, and they plan to challenge the verdict in the Supreme Court.
    • Communal angle to the release: Bano has been a symbol of courage and determination for survivors of sexual violence in India, and her case has highlighted the need for justice and accountability for crimes committed during communal riots.

    Significance of the case

    • The Bilkis Bano case is significant as it highlights the issue of communal violence in India and the failure of the authorities to provide justice to the victims.
    • The case also underscores the need for the protection of the rights of women and minorities in India.
    • The long legal battle fought by Bano and her supporters shows that justice is possible, but it requires persistence, courage and the support of civil society.

     

     

  • India’s Support for Marine Protected Areas in Antarctica

    marine

    Central idea: India has pledged its continued support for the establishment of two Marine Protected Areas (MPAs) in Antarctica, with the aim of protecting marine life and the ecosystem services that it provides.

    What are Marine Protected Areas?

    • An MPA is a defined region that is managed for the long-term conservation of marine resources, ecosystem services, or cultural heritage.
    • They can be established in national and international waters to preserve the biodiversity of the marine environment.

    Criteria used for MPAs declaration

    The International Union for Conservation of Nature (IUCN) has developed a set of criteria for the identification and management of marine protected areas (MPAs). These criteria include:

    • Representativeness: MPAs should include a range of habitats, ecosystems, and species that are representative of the region.
    • Biological diversity: MPAs should conserve a wide range of biodiversity, including species, habitats, and genetic diversity.
    • Rarity: MPAs should protect rare, unique, or endemic species or habitats.
    • Productivity: MPAs should conserve areas of high productivity, such as spawning and nursery grounds.
    • Resilience: MPAs should protect ecosystems that are able to withstand disturbances and recover from damage.
    • Ecological processes: MPAs should conserve important ecological processes, such as nutrient cycling and migration patterns.
    • Connectivity: MPAs should be connected to other protected areas to allow for the movement of species and genetic material.
    • Cultural and social importance: MPAs should consider the cultural and social importance of the area to local communities.

    MPA in focus: Southern Ocean

    • The Southern Ocean, which encircles Antarctica, covers around 10 per cent of the global ocean and is home to nearly 10,000 unique polar species.
    • The ecosystem is an important source of marine resources, including fish and krill, which support commercial fisheries and provide a food source for larger animals.

    Threats to the Southern Ocean and its marine life

    marine

    • Climate change is affecting the Southern Ocean, altering habitats such as sea ice and the sheltered seafloor under ice shelves that are home to a variety of species.
    • Commercial fishing, particularly for krill (shrimp-like crustacean), is also threatening the ecosystem.

    Need for an MPA in Antarctica

    • The Southern Ocean needs protection to prevent the further impact of climate change and commercial exploitation.
    • A new MPA would help limit human activities, including fishing, mining, and drilling, and help conserve the region’s marine resources and unique biodiversity.

    Existing MPAs in the Southern Ocean

    • The Southern Ocean currently has two MPAs:
    1. In the southern shelf of the South Orkney Islands and
    2. In the Ross Sea
    • These MPAs protect only 5 percent of the ocean, with all types of fishing, other than scientific research, prohibited within the southern shelf of the South Orkney Islands MPA.

    Resistance to proposed MPAs  

    • Proposals to establish MPAs in East Antarctica, the Weddell Sea, and the waters surrounding the Antarctic Peninsula have been met with resistance by China and Russia.
    • The two countries have a different view than the rest of the members of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), which is an intergovernmental body set up in 1982 to conserve Antarctic marine life.

    India’s interest in the commercial exploitation of krill

    • India has expressed interest in commercial exploitation of krill in the region.
    • However, increased harvesting of krill threatens animals that feed on them, including fish, whales, seals, penguins, and other seabirds.

    Contribution of proposed MPAs to the United Nations 30×30 Framework

    • If the proposed MPAs take form in Antarctica, they will contribute to the United Nations 30×30 Framework, which aims to protect 30 percent of the world’s land and sea.
    • This agreement was reached at the 15th Conference of Parties to the Convention on Biological Diversity in 2022.

    Conclusion

    • Most countries have agreed in principle to establish MPAs in Antarctica, and it is expected to be discussed further at the next Antarctic Treaty Consultative Meeting.
    • The establishment of MPAs in Antarctica is crucial to preserving the region’s marine resources and unique biodiversity, and for contributing to the global