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GS Paper: GS2

  • SC upholds powers of arrest raid under PMLA for ED

    The Supreme Court upheld the core amendments made to the Prevention of Money Laundering Act (PMLA), which gives the government and the Enforcement Directorate (ED) virtually unbridled powers of summons, arrest, and raids, and makes bail nearly impossible while shifting the burden of proof of innocence on to the accused rather than the prosecution.

    Did the judgement say?

    • The Supreme Court called the PMLA a law against the “scourge of money laundering” and not a hatchet wielded against rival politicians and dissenters.
    • Money laundering is an offence against the sovereignty and integrity of the country. It is no less a heinous offence than the offence of terrorism, the court noted.

    Why in news?

    • The verdict came on an extensive challenge raised against the amendments introduced in 2002 Act by way of Finance Acts.
    • The three-judge Bench said the method of introduction of the amendments through Money Bills would be separately examined by a larger Bench of the top court.

    What were the petitions?

    • Petitions were filed against the amendments, which the challengers claimed would violate personal liberty, procedures of law and the constitutional mandate.
    • The petitioners included many veteran politicians who all claimed that the “process itself was the punishment”.
    • There were submissions that the accused’s right against self-incrimination suffered when the ED summoned them and made them sign statements on threats of arrest.
    • But the court said these statements were recorded as part of an “inquiry” into the proceeds of crime.
    • A person cannot claim right against self-incrimination at a summons stage.

    About Enforcement Directorate (ED)

    • It goes back to May 1, 1956, when an ‘Enforcement Unit’ was formed in the Department of Economic Affairs.
    • It then aimed for handling Exchange Control Laws violations under the Foreign Exchange Regulation Act (FERA).
    • The ED today is a multi-dimensional organisation investigating economic offences under the Prevention of Money Laundering Act (PMLA), Fugitive Economic Offenders Act, Foreign Exchange Management Act and FERA.

    From where does the ED get its powers?

    • When proceeds of crime (property/money) are generated, the best way to save that money is by parking it somewhere, so one is not answerable to anyone in the country.
    • Therefore, there was a need to control and prevent the laundering of money.
    • The PMLA was brought in for this exact reason in 2002, but was enacted only in 2005.
    • The objective was to prevent parking of the money outside India and to trace out the layering and the trail of money.
    • So as per the Act, the ED got its power to investigate under Sections 48 (authorities under act) and 49 (appointment and powers of authorities and other officers).

    At what stage does the ED step in when a crime is committed?

    • Whenever any offence is registered by a local police station, which has generated proceeds of crime over and above ₹1 crore, the investigating police officer forwards the details to the ED.
    • Alternately, if the offence comes under the knowledge of the Central agency, they can then call for the First Information Report (FIR) or the chargesheet if it has been filed directly by police officials.
    • This will be done to find out if any laundering has taken place.

    What differentiates the probe between the local police and officers of the ED?

    Case study:

    • If a theft has been committed in a nationalised bank, the local police station will first investigate the crime.
    • If it is learnt that the founder of the bank took all the money and kept it in his house, without being spent or used, then the crime is only theft and the ED won’t interfere because the amount has already been seized.
    • But if the amount which has been stolen is used after four years to purchase some properties, then the ill-gotten money is brought back in the market.
    • Or if the money is given to someone else to buy properties in different parts of the country, then there is ‘laundering’ of money.
    • Hence the ED will need to step in and look into the layering and attachment of properties to recover the money.
    • If jewellery costing ₹1 crore is stolen, police officers will investigate the theft. The ED, however, will attach assets of the accused to recover the amount of ₹1 crore.

    What are the other roles and functions of the ED?

    • The ED carries out search (property) and seizure (money/documents) after it has decided that the money has been laundered, under Section 16 (power of survey) and Section 17 (search and seizure) of the PMLA.
    • On the basis of that, the authorities will decide if arrest is needed as per Section 19 (power of arrest).
    • Under Section 50, the ED can also directly carry out search and seizure without calling the person for questioning.
    • It is not necessary to summon the person first and then start with the search and seizure.
    • If the person is arrested, the ED gets 60 days to file the prosecution complaint (chargesheet) as the punishment under PMLA doesn’t go beyond seven years.
    • If no one is arrested and only the property is attached, then the prosecution complaint along with attachment order is to be submitted before the adjudicating authority within 60 days.

    Can the ED investigate cases of money laundering retrospectively?

    • If an ill-gotten property is acquired before the year 2005 (when the law was brought in) and disposed off, then there is no case under PMLA.
    • But if proceeds of the crime were possessed before 2005, kept in storage, and used after 2005 by buying properties, the colour of the money is still black and the person is liable to be prosecuted under PMLA.

    Under Section 3 of PMLA, a person shall be guilty of money-laundering, if such person is found to have directly or indirectly attempted to indulge or knowingly assist a party involved in one or more of the following activities:

    • Concealment; possession; acquisition; use; or projecting as untainted property; or claiming as untainted property in any manner etc.

     

    Also read:

    [Burning Issue] Enforcement Directorate (ED): Dreaded nightmare of Indian Politicians & Businessmen

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  • UN panel tells Hong Kong to repeal National Security Law

    Hong Kong’s controversial national security law should be repealed, experts on the UN Human Rights Committee said, amid concerns the legislation is being used to crack down on free speech and dissent in the former British colony.

    Why in news?

    • Chinese and Hong Kong officials have repeatedly used the NSL imposed by Beijing in 2020 to restore stability after the city was rocked for months by sometimes violent anti-government and anti-China protests in 2019.
    • The committee, which monitors the implementation of the International Covenant on Civil and Political Rights (ICCPR) by state parties, released its findings on Hong Kong following a periodic review.
    • The Hong Kong Special Administrative Region is a signatory to the ICCPR but China is not.

    About Hong Kong

    • A former British Colony and Autonomous Territory: Hong Kong is an autonomous territory, and a former British colony, in south-eastern China.
    • It became a colony of the British Empire at the end of the First Opium War in 1842.
    • Sovereignty over the territory was returned to China in 1997.
    • Special Administrative Region (SAR): As a SAR, Hong Kong maintains governing power and economic systems that are separate from those of mainland China.
    • The 1984 Sino-British Joint Declaration guarantees the Basic Law for 50 years after the transfer of sovereignty.
    • It does not specify how Hong Kong will be governed after 2047.
    • Thus, the central government’s role in determining the territory’s future system of government is the subject of political debate and speculation in Hong kong.

    What is this law all about?

    • Hong Kong was always meant to have a security law, but could never pass one because it was so unpopular.
    • So this is about China stepping in to ensure the city has a legal framework to deal with what it sees as serious challenges to its authority.
    • The details of the law’s 66 articles were kept secret until after it was passed. It criminalises any act of:
    1. Secession – breaking away from the country
    2. Subversion – undermining the power or authority of the central government
    3. Terrorism – using violence or intimidation against people
    4. Collusion–  with foreign or external forces

    What provisions do fall under the law?

    • The law came into effect at 23:00 local time on 30 June 2020, an hour before the 23rd anniversary of the city’s handover to China from British rule.
    • It gives Beijing power to shape life in Hong Kong it has never had before.
    • Its key provisions include:
    1. Crimes of secession, subversion, terrorism and collusion with foreign forces are punishable by a maximum sentence of life in prison
    2. Damaging public transport facilities can be considered terrorism
    3. Those found guilty will not be allowed to stand for public office
    4. Companies can be fined if convicted under the law
    5. This office can send some cases to be tried in mainland China – but Beijing has said it will only have that power over a “tiny number” of cases
    6. In addition, Hong Kong will have to establish its own national security commission to enforce the laws, with a Beijing-appointed adviser
    7. Hong Kong’s chief executive will have the power to appoint judges to hear national security cases, raising fears about judicial autonomy
    8. Importantly, Beijing will have power over how the law should be interpreted, not any Hong Kong judicial or policy body. If the law conflicts with any Hong Kong law, the Beijing law takes priority
    9. Some trials will be heard behind closed doors.
    10. People suspected of breaking the law can be wire-tapped and put under surveillance
    11. Management of foreign non-governmental organizations and news agencies will be strengthened
    12. The law will also apply to non-permanent residents and people “from outside [Hong Kong]… who are not permanent residents of Hong Kong“.

    What has changed in Hong Kong since the law was introduced?

    • Hundreds of protestors, activists and former opposition lawmakers have been arrested since the law came into force.
    • The arrests are an ominous sign that its crackdown on Hong Kong is only going to escalate.
    • Beijing has said the law is needed to bring stability to the city, but critics say it is designed to squash dissent.

    Why did China do this?

    • Hong Kong was handed back to China from British control in 1997.
    • But under a unique agreement – a mini-constitution called the Basic Law and a so-called “one country, two systems” principle.
    • They are supposed to protect certain freedoms for Hong Kong: freedom of assembly and speech, an independent judiciary and some democratic rights – freedoms that no other part of mainland China has.
    • Under the same agreement, Hong Kong had to enact its own national security law – this was set out in Article 23 of the Basic Law – but it never happened because of its unpopularity.

    How can China do this?

    • Many might ask how China can do this if the city was supposed to have freedoms guaranteed under the handover agreement.
    • The Basic Law says Chinese laws can’t be applied in Hong Kong unless they are listed in a section called Annex III – there are already a few listed there, mostly uncontroversial and around foreign policy.
    • These laws can be introduced by decree – which means they bypass the city’s parliament.
    • Critics say the introduction of the law this way amounts to a breach of the “one country, two systems” principle, which is so important to Hong Kong – but clearly, it is technically possible to do this.

    Must read:

    [Burning Issue] National Security Law debate in Hong Kong

     

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  • Money Bill verdict holds the key: SC

    The court has left it open for a seven-judge Bench to decide whether the amendments to the PMLA could have been made to the PMLA through the Money Bill route.

    What was the case about Money Bill?

    • In November 2019, a five-judge Bench led by then CJI Ranjan Gogoi had referred to a larger Bench the issue and question posed in the Roger Mathew vs South Indian Bank Ltd. Case.
    • It inquired to whether amendments like these can be passed as a Money Bill in violation of Article 110 of the Constitution.
    • The petitioners had questioned the legality of the PMLA amendments which were introduced via Finance Acts/Money Bills.

    Correlation Money Bill

    • A Money Bill is deemed to contain only provisions dealing with all or any of the matters under clauses (a) to (g) of Article 110(1), largely including the appropriation of money from the Consolidated Fund of India and taxation.
    • In other words, a Money Bill is restricted only to the specified matters and cannot include within its ambit any other matter.

    What is a Money Bill?

    • A money bill is defined by Article 110 of the Constitution, as a draft law that contains only provisions that deal with all or any of the matters listed therein.
    • These comprise a set of seven features, broadly including items such as-
    1. Imposition, abolition, remission, alteration or regulation of any tax
    2. Regulation of the borrowing of money by the GOI
    3. Custody of the Consolidated Fund of India (CFI) or the Contingency Fund of India, the payment of money into or the withdrawal of money from any such fund
    4. Appropriation of money out of the CFI
    5. Declaration of any expenditure charged on the CFI or increasing the amount of any such expenditure
    6. Receipt of money on account of the CFI or the public account of India or the custody or issue of such money, or the audit of the accounts of the Union or of a state
    7. Any matter incidental to any of the matters specified above.

    Who controls such bills?

    • In the event proposed legislation contains other features, ones that are not merely incidental to the items specifically outlined, such a draft law cannot be classified as a money bill.
    • Article 110 further clarifies that in cases where a dispute arises over whether a bill is a money bill or not, the Lok Sabha Speaker’s decision on the issue shall be considered final.

    Difference between money and finance bill

    • While all Money Bills are Financial Bills, all Financial Bills are not Money Bills.
    • For example, the Finance Bill which only contains provisions related to tax proposals would be a Money Bill.
    • However, a Bill that contains some provisions related to taxation or expenditure, but also covers other matters would be considered a Financial Bill.
    • Again, the procedure for the passage of the two bills varies significantly.

    Issues with notifying a bill as Money Bill

    • The Rajya Sabha (where the ruling party might not have the majority) has no power to reject or amend a Money Bill.
    • However, a Financial Bill must be passed by both Houses of Parliament.
    • The Speaker (nonetheless, a member of the ruling party) certifies a Bill as a Money Bill, and the Speaker’s decision is final.
    • Also, the Constitution states that parliamentary proceedings, as well as officers responsible for the conduct of business (such as the Speaker), may not be questioned by any Court.

     

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  • India’s role in UN Peacekeeping Missions

    Two BSF personnel recently got martyrdom who were part of the UN Peacekeeping Mission in the Democratic Republic of the Congo (DRC).

    Why in news?

    • A total 175 Indian peacekeepers have so far died while serving with the United Nations.
    • India has lost more peacekeepers than any other UN Member State.

    What is United Nations Peacekeeping?

    • UN Peacekeeping helps countries navigate the difficult path from conflict to peace.
    • UN peacekeepers are often referred to as Blue Berets or Blue Helmets because of their light blue berets or helmets) can include soldiers, police officers, and civilian personnel.

    UNPKF in operation

    • Since 1948, UN Peacekeepers have undertaken 71 Field Missions.
    • There are approximately 81,820 personnel serving on 13 peace operations led by UNDPO, in four continents currently.
    • This represents a nine-fold increase since 1999.
    • A total of 119 countries have contributed military and police personnel to UN peacekeeping.
    • Currently, 72,930 of those serving are troops and military observers, and about 8,890 are police personnel.

    India’s contribution to UN Peacekeeping

    • India has a long history of service in UN Peacekeeping, having contributed more personnel than any other country.
    • To date, more than 2,53,000 Indians have served in 49 of the 71 UN Peacekeeping missions established around the world since 1948.
    • Currently, there are around 5,500 troops and police from India who have been deployed to UN Peacekeeping missions, the fifth highest amongst troop-contributing countries.
    • India has also provided and continues to provide, eminent Force Commanders for UN Missions.
    • India is the fifth largest troop contributor (TCC) with 5,323 personnel deployed in 8 out of 13 active UN Peacekeeping Missions, of which 166 are police personnel.

    History of India’s contribution

    • India’s contribution to UN Peacekeeping began with its participation in the UN operation in Korea in the 1950s.
    • This is where India’s mediatory role in resolving the stalemate over prisoners of war in Korea led to the signing of the armistice that ended the Korean War.
    • India chaired the five-member Neutral Nations Repatriation Commission, while the Indian Custodian Force supervised the process of interviews and repatriation that followed.
    • The UN entrusted the Indian armed forces with subsequent peace missions in the Middle East, Cyprus, and the Congo (since 1971, Zaire).
    • India also served as Chair of the three international commissions for supervision and control for Vietnam, Cambodia, and Laos established by the 1954 Geneva Accords on Indochina.

    Role of women in Indian Peacekeeping

    • India has been sending women personnel on UN Peacekeeping Missions.
    • In 2007, India became the first country to deploy an all-women contingent to a UN Peacekeeping Mission.
    • The Formed Police Unit in Liberia provided 24-hour guard duty and conducted night patrols in the capital Monrovia, and helped to build the capacity of the Liberian police.
    • These women officers not only played a role in restoring security in the West African nation but also contributed to an increase in the number of women in Liberia’s security sector.

    Medical care as part of India’s Missions

    • In addition to their security role, the members of the Indian Formed Police Unit also organized medical camps for Liberians, many of whom have limited access to health care services.
    • Medical care is among the many services Indian Peacekeepers provide to the communities in which they serve on behalf of the Organization.
    • They also perform specialized tasks such as veterinary support and engineering services.

    India’s views on UN Peacekeeping

    • India is of the view that the international community must grasp the rapid changes that are underway in the nature and role of contemporary peacekeeping operations.
    • The Security Council’s mandates to UN Peacekeeping operations need to be rooted in ground realities, and co-related with the resources provided for the peacekeeping operation.
    • It is critical that troop and police contributing countries should be fully involved at all stages and in all aspects of mission planning.
    • There should be greater financial and human resources for peace-building in post-conflict societies, where UNPKOs have been mandated, according to officials.

     

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  • From freebies to welfare

    Context

    In a recent address, the prime minister shared his anguish on what he called the “revdi” or the freebies culture.

    Populist policies and its impact over the states’ finances

    • What are freebies? N K Singh defined freebies as “something that is given to you without having to pay for them, especially as a way of attracting your support for or interest in something.”
    • A recent report of the RBI on states’ finances highlighted the perilous condition of states’ finances and enhanced debt stress on account of flawed policies.
    •  Nothing undercuts more irresponsibly India’s abiding international and national commitments than the perils of this reckless populism.

    Factors that need to be considered in devising welfare policies

    1] Quest for sustainable development

    • The initiatives undertaken at COP21 in Paris, the International Solar Alliance and subsequently at the COP26 in Glasgow represent India’s national consensus to forge a path of growth geared towards intergenerational equity and to exponentially increase development.
    • Our ability to adhere to this commitment depends on two other commitments.
    • 1] An increase in the percentage of renewable energy in our energy consumption.
    • While subsidies are being promised in one form or the other by way of free electricity, the deteriorating health of state distribution companies seriously undercuts their financial viability.
    • Lowering the price for some consumers, offset through overcharging industrial and commercial contracts, reduces competitiveness, ushers slower growth both in incomes and employment.
    • 2] The inability of discoms to actively encourage solar power is stymied by their financial condition and the inability to evolve tariff structures.
    •  Regulatory capture, a fixation on unrealistic tariffs and cross-subsidy in energy utilisation prevent a credible coal plan, which is central to our energy planning.

    2] Challenges in providing basic facilities

    • The government seeks to address the challenge of inequity by ensuring access to a wide range of basic facilities.
    • These include banking, electricity, housing, insurance, water and clean cooking fuel, to mention a few.
    • Removing this inequity to access helps boost the productivity of our population.

    3] Issue of access

    • Benefits under various welfare schemes such as PM Awas Yojana, Swachh Bharat Mission and Jal Jeevan Mission have eliminated the biggest barrier for citizens — the exorbitant upfront cost of access.
    • Moreover, they are leading to irreversible empowerment and self-reliance.
    • For instance, a house built under the PM Awas Yojana is a lifelong asset for the beneficiary household that cannot be taken back by any government.

    4] Use of technology in direct benefit transfer

    • Identification of beneficiaries through the SECC and prioritisation based on deprivation criteria has enabled the government to assist those who need it the most.
    • Governments that end up taking the shortcut of universal subsidies or freebies often end up ignoring the poor and transferring public resources to the affluent.

    5] Expenditure prioritisation

    • The next issue that needs to be considered is of expenditure prioritisation being distorted away from growth-enhancing items, leading to intergenerational inequity.
    • Investors, both domestic and foreign, and credit rating agencies look to macro stability in terms of sustainable levels of debt and fiscal deficit.
    • After years of fiscal profligacy, we returned to the path of fiscal rectitude in 2014.
    • The last time such an effort was made was by enacting the first FRBM Act on August 26, 2003.

    6] Impact on future of manufacturing and employment

    • The next factor that need to be considered is the debilitating effect of freebies on the future of manufacturing and employment.
    • Freebies lower the quality and competitiveness of the manufacturing sector by detracting from efficient and competitive infrastructure.
    • They stymie growth and, therefore, gainful employment because there is no substitute for growth if we wish to increase employment.

    Conclusion

    The poor state finance position should serve as a timely reminder to those promising fiscally imprudent and unsustainable subsidies.

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  • China-Pakistan Economic Corridor (CPEC)

    India has severely criticized the reported move by both China and Pakistan for third-party participation in some projects on the China-Pakistan Economic Corridor (CPEC) that passes through Pakistan-occupied Kashmir (PoK).

    China-Pakistan Economic Corridor (CPEC)

    • The CPEC, one of the most ambitious components of Beijing’s Belt and Road Initiative (BRI), was announced to great fanfare in 2015.
    • CPEC is a collection of infrastructure projects that are under construction throughout Pakistan beginning in 2013.
    • Originally valued at $47 billion, the value of CPEC projects is worth $62 billion as of 2020.
    • It is intended to rapidly upgrade Pakistan’s required infrastructure and strengthen its economy by the construction of modern transportation networks, numerous energy projects, and SEZs.
    • On 13 November 2016, CPEC became partly operational when Chinese cargo was transported overland to Gwadar Port for onward maritime shipment to Africa and West Asia.

    Why CPEC?

    • CPEC has consistently been held up as a “gamechanger” for Pakistan’s economy.
    • But the road to completion has proved long and winding. Reports indicate that the pace of CPEC projects has been slowing down in Pakistan in recent years.
    • At the same time, China is the only country that is heavily investing in Pakistan.

    Why in news?

    • The lack of progress has led to numerous reports about CPEC being at a near standstill in the country.
    • Gwadar, despite being the epicenter of multibillion-dollar projects, lacks basic necessities like reliable access to water and electricity, let alone other facilities.
    • The baloch freedom movement is another impediment to the stalled project.
    • There have been sporadic attacks in Gwadar and elsewhere in the province and the country to discourage Chinese investments in the province.
    • China is also seeking to deploy its Army in the CPEC projects, to which Pakistan has contested.

    India’s reservation

    • The GoI, which shares tense relations with Pakistan, objects to the CPEC project as upgrade works to the Karakoram Highway are taking place in Gilgit-Baltistan.
    • This is the territory illicitly occupied by Pakistan in 1947-48.
    • During the visit of Indian PM Modi to China in 2015, the Indian FM, Sushma Swaraj reportedly told the Chinese.
    • India did not object to the Chinese construction of the Karakoram Highway which was built between 1959 and 1979.

     

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  • Generation of Unique Disability IDs ramped up

    The generation of unique disability IDs (UDIDs) had increased from an average of 5,000 a day to an average of 7,000 to 9,000 daily during the 90-day Azadi Se Antodaya Tak campaign.

    Why such a move?

    • According to the 2011 Census, there were 2.68 crore people with disabilities.

    What is Unique Disability IDs (UDIDs)?

    • “Unique ID for Persons with Disabilities” project is being implemented with a view of creating a National Database for PwDs, and to issue a Unique Disability Identity Card to each person with disabilities.
    • It functions under the Ministry of Social Justice and Empowerment.
    • The project aims only to encourage transparency, efficiency and ease of delivering the government benefits to the person with disabilities, and ensure uniformity.
    • The project will also help in stream-lining the tracking of physical and financial progress of beneficiary at all levels of hierarchy of implementation – from village level, block level, District level , State level and National level.

    Types of disabilities covered

    As per the Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995 – A person with a disability can be defined as one with one or more of disabilities falling under any of the below-mentioned categories :

    • Blindness
    • Leprosy-cured
    • Cerebral Palsy: It means a group of non-progressive conditions of a person characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, peri-natal or infant period of development.
    • Low vision: It means a person with impairment of visual functioning even after treatment of standard refractive correction but who uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device;
    • Locomotor disability: It means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or nay form of cerebral palsy;
    • Mental retardation: It means a conditions of arrested or incomplete development of mind of a person which is specially characterized by sub normality of intelligence;
    • Mental illness: It means any mental disorder other than Mental retardation
    • Hearing Impairment: It means loss of sixty decibels or more in the better ear in the conversational range of frequencies

     

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  • Monkeypox outbreak: It’s time to act, not panic

    Context

    Monkeypox was previously limited to the local spread in central and west Africa, close to tropical rainforests, but has recently been seen in various urban areas and now in more than 50 countries.

    About monkeypox

    • A virus belonging to the poxviruses family causes a rare contagious rash illness known as monkeypox.
    • This zoonotic viral disease (a disease transmitted from animals to humans) has hosts that include rodents and primates.
    • It is a self-limiting disease with symptoms lasting two to four weeks and a case fatality rate of 3-6 per cent.
    • Symptoms: A skin rash on any part of the body could be the only presenting symptom.
    • Swollen lymph nodes are another distinguishing feature. Aside from these, other symptoms of a viral illness include fever, chills, headache, muscle or back aches, and weakness.
    • Mode of transmission: Touching skin lesions, bodily fluids, or clothing or linens that have been in contact with an infected person can result in transmission.
    • It’s also worth noting that monkeypox does not spread from person to person through everyday activities like walking next to or having a casual conversation with an infected person.
    • Treatment: Monkeypox is mostly treated by managing symptoms and preventing complications if it is diagnosed.
    •  In the minor proportion who are immunocompromised, complications can occur; pulmonary failure was the most common complication with a high mortality rate.

    Containment Measures

    • Because symptoms usually appear 5-21 days after exposure, people with rashes, sores in the mouth, rash, eye irritation or redness, or swollen lymph nodes should be monitored.
    • When symptoms appear, it is critical to isolate the infected from other people and pets, cover their lesions, and contact the nearest healthcare provider.
    • It is also critical to avoid close physical contact with others until instructed to do so by our healthcare provider.
    • It is preferable to use home isolation whenever possible.
    •  Priority should be given to educating grassroots workers about symptoms, specimen collection, disease detection, acquiring sample collection equipment, and maintaining cold storage of specimens.
    •  Increased surveillance and detection of monkeypox cases are critical for controlling the disease’s spread and understanding the changing epidemiology of this resurging disease.
    • Preventive health measures, such as avoiding infected animal or human contact and practising good hand hygiene, are the best option.

    Vaccines and drugs

    • In the US, pre exposure vaccination with JYNNEOS® is available to healthcare workers and lab workers exposed to this group of poxviruses.
    • The smallpox vaccine is 85 percent effective against the disease.
    • Another vaccine, ACAM2000, is a live vaccinia virus vaccine that is otherwise recommended for smallpox immunisation and can also be used for high-risk individuals during monkeypox outbreaks.
    • In addition, Tecovirimat, an antiviral drug used to treat smallpox, is recommended for monkeypox.
    • Challenges: Smallpox vaccination programmes have been discontinued for the past 50 years, resulting in a scarcity of effective vaccines.
    • There are approved drugs and vaccines, but they are not widely available to scale up controlling monkeypox.

    Why WHO declared it as international concern?

    •  The increase in monkeypox cases in a short span of time in many countries necessitated the declaration of public health emergency of international concern  (PHEIC) and additional research studies.
    • It is unclear whether the recent sudden outbreaks in multiple countries result from genotypic mutations that alter virus transmissibility. SARS-CoV-2 and monkeypox virus co-infection can alter infectivity patterns, severity, management, and response to vaccination against either or both diseases.
    • As a result, there is a need to improve diagnostic test efficiency.

    Way forward

    • Plan for pandemic preparedness: This is not the last such difficulty we will face, as the world is still witnessing more such public health crises.
    • Zoonotic diseases are caused by various factors, including unchecked deforestation, climate coupled with a failure to prioritise public health, poverty, and climate change.
    • Instead, a robust plan for pandemic preparedness should be accelerated, guided by a single health agenda.
    •  The world is yet to recognise emerging and re-emerging infectious diseases as a genuine threat.
    • The immediate priority is to strengthen the surveillance infrastructure, including hiring public health professionals and field workers who can participate in outbreak detection and response during many future PHEICs.

    Conclusion

    Without prioritising public health strengthening, the threat of new and re-emerging infectious diseases, as well as the enormous social and economic challenges that accompany them, is real and grave.

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  • A global order caught up in a swirl of chaos

    Context

    Adrift at the end of the 20th century, the world of the 21st century is proving to be highly chaotic.

    Lack of strong European leadership

    • Europe has been undergoing several major changes in recent months
    • Germany, which has steered European politics for almost two wdecades under Angela Merkel, now has a Chancellor (Olaf Scholz) who has hardly any foreign policy experience.
    • Without Germany’s steadying hand, Europe would be virtually adrift in troubled waters.
    • Emmanuel Macron may have been re-elected the President of France, but his wings have been clipped with the Opposition now gaining a majority in the French National Assembly.
    •  The United Kingdom is in deep trouble, if not disarray.
    • Consequently, at a time when actual and moral issues require both deft and firm handling, Europe appears rudderless.
    • Economic impact: Compounding this situation is the negative economic impact of the war in Ukraine.
    • What is evident already is that apart from the spiralling cost of energy, food and fertilizers, quite a few countries confront the spectre of food scarcity given that Ukraine and Russia were generally viewed as the granaries of the world.
    • Apart from this, nations do face several other problems as well, including, in some cases, a foreign exchange crisis.
    • The instruments employed by the West against Russia, such as sanctions, have not had the desired impact as far as the latter is concerned.

    Growing Russia-China closeness and its implications for Indo-Pacific

    • The situation in Europe is still to be decided, but what is also becoming obvious is that outside Europe, the conflict is beginning to take on a different dimension, leading to the emergence of new patchworks of relationships.
    • China’s growing influence in the Pacific region, including in the Indo-Pacific, and further strengthened by the entente with Russia, may hardly be a by-product of the Ukraine-Russia conflict, but it has induced fresh energy into a possible conflict between two rival power blocs.
    • Asia unwilling to take sides: Understanding the changing nature of relationships in Asia, and considering that most Asian nations appear unwilling to take sides in the event of a conflict, is important.
    • No unity of purpose: Unlike the unity and the strength displayed by European nations — there is no evidence of any such unity of purpose in the event that China was to launch a conflict with Taiwan.

    Challenges for India

    • India cannot ignore the situation created by the stronger bonds between Russia and China.
    • Uncertainty about Russia: India will need to determine whether Russia can be expected to play a role as a ‘trusted friend’ of India’s.
    • Again, it would be too much to hope that in dealing with China, India can expect the same kind of support it may need from the Quad.
    • China sidelining India: China, however, seems intent on establishing its dominance and also sidelining India in Asia, which New Delhi would have discerned in the course of the virtual BRICS Summit hosted by China in June.
    • Afghanistan challenge: Apart from China, India also urgently needs to come to terms with a Taliban Afghanistan.
    • Sri Lanka Challenge: At this time, the democratic upsurge in Sri Lanka presents India with a fresh set of problems.
    • In a situation where ‘rage’ and ‘anger’ are the dominant sentiments, there is every reason for concern that even governments that have maintained a ‘hands-off’ relationship could become targets of the new forces emerging in Sri Lanka.

    Major developments in West Asia

    • The Abraham Accords in 2020, which brought about the entente between the United Arab Emirates and Israel, has been the harbinger of certain new trends in the tangled web of relationships among countries of West Asia.
    • But even as the U.S.’s relations with Arab nations in West Asia appear to weaken, Russia and China are beginning to play key roles, with Iran as the fulcrum for establishing new relationships.
    • China continues to steadily build on its connections with the region, and with Iran in particular.
    • How India is dealing with the situation: India has been making steady progress in enlarging its contacts and influence in West Asia.
    •  While the India-Israel relationship dates back to the 1990s, the India-UAE relationship has blossomed in the past couple of years.
    • India-Iran relations, however, seem to have reached a stalemate of late.
    • Issues with I2U2: India has joined a U.S.-based group, the I2U2, comprising India, Israel the UAE and the U.S.
    • Details of the new arrangements are unclear, but it is evident that the target is Iran, as China is for the Quad, injecting yet another element of uncertainty into an already troubled region.

    Implications for nuclear deterrence

    • The argument being adduced is that a wide gap exists today in regard to China and India’s nuclear deterrent capabilities, and implicitly blames India for its voluntary ban on testing and its ‘no-first-use’ doctrine from making progress in this arena.
    • What is also implied is that India could overcome the lacuna by seeking the assistance of western nations which have such capabilities and knowledge.
    • Way forward for India: It is important for India to guard against such pernicious attempts at this time to undo its carefully negotiated and structured nuclear policy and doctrine, and be inveigled into any anti-China western move on this front.

    Conclusion

    Geopolitical experts in the West confine their findings at present solely to the impact of the Russia-Ukraine conflict, believing that this alone would determine not only war and peace but also other critical aspects as well. Significant developments are also taking place in many other regions of the globe, which will have equal if not more relevance to the future of the international governance system.

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  • Latest guidelines on Arrests and Bail Orders

    On July 11, a division bench of the Supreme Court of India in Satender Kumar Antil vs CBI laid down fresh guidelines on arrests in order to have strict compliance with the provisions of Section 41 and 41A of the Code of Criminal Procedure, 1973.

    Why in news?

    • In recent times, there have been several controversies regarding the arrest and subsequent bail of accused persons.
    • On July 16, even the Chief Justice of India (CJI) cautioned against “hasty and indiscriminate arrests”.
    • He further commented on the delay in bails and the plight of undertrial prisoners.

    What are the guidelines?

    • In the case of Arnesh Kumar (2014), the apex Court had rightly observed that “arrest brings humiliation, curtails freedom and cast scars forever”.
    • With regard to the Satender Kumar Antil case, the Court has issued specific directions and has also called for a compliance report.
    • The Court said that the investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41A and the directions issued.

    How is a person arrested?

    • Arrest in its simplest form is defined as, “when one is taken and restrained from his liberty”.
    • The police has wide powers to arrest under the Code of Criminal Procedure, 1973.
    • In the Joginder Kumar (1994) verdict, the Court had stated that “arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person”.

    What are Sections 41 and 41A of the Code of Criminal Procedure?

    • Section 41 provides for the circumstances in which arrest can be made by the police without a warrant and mandates for reasons to be recorded in writing for every arrest and non-arrest.
    • Section 41A provides for the requirement of a notice to be sent by the investigating agencies before making an arrest in certain conditions prescribed by the Code.

    What did the court comment regarding these articles?

    • The Court stated that any dereliction on the part of the agencies has to be brought to the notice of the higher authorities by the court followed by appropriate action.
    • The Bench further said that the courts will have to satisfy themselves on the compliance of Section 41 and 41A.
    • Any non-compliance would entitle the accused for a grant of bail.

    What are the guidelines with respect to bail?

    Regarding bail, the Court has made a specific observation in the form of an obiter that the:

    • GoI may consider the introduction of a separate enactment, i.e. a Bail Act, so as to streamline the grant of bails.
    • It is clearly stated that there need not be any insistence on a bail application while considering the application under Sections 88, 170, 204 and 209 of the Code.
    • The Court said that there needs to be a strict compliance of the mandate laid down in the judgment of this court in Siddharth” (Siddharth vs State of U.P., 2021).
    • It is a clear direction of the Court that bail applications ought to be disposed of within a period of two weeks except if the provisions mandate otherwise — the exception being an intervening application.
    • The Court also said that applications for anticipatory bail are expected to be disposed of within a period of six weeks with the exception of any intervening application.
    • The High Courts have been directed by the apex court to identify undertrial prisoners who cannot comply with bail conditions.

    Way forward

    • The State and Central governments will have to comply with the directions issued by the Court from time to time with respect to the constitution of special courts.
    • The High Court in consultation with the State governments will have to undertake an exercise on the need for special courts.
    • The vacancies should be filled up in the position of Presiding Officers of the special courts, expeditiously.
    • The CJI has also raised the issue of vacant positions and infrastructural requirements in the judiciary.

     

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