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  • Species in news: Dugong

    India’s first Dugong conservation reserve will be built in Tamil Nadu for the conservation of Dugong, a marine mammal.

    Dugong Conservation Reserve

    • The reserve will spread over an area of 500 km in Palk Bay on the southeast coast of Tamil Nadu.
    • Palk Bay is a semi-enclosed shallow water body with a water depth maximum of 13 meters.
    • Located between India and Sri Lanka along the Tamil Nadu coast, the dugong is a flagship species in the region.

    Dugong: The sea cow

    • Dugong or the sea cow is the State animal of Andaman & Nicobar Islands.
    • This endangered marine species survive on seagrass and other aquatic vegetation found in the area.
    • It is the only herbivorous mammal that is strictly marine and is the only extant species in the family Dugongidae.
    • Dugongs are usually about three-meter long and weigh about 400 kg.
    • Dugongs have an expanded head and trunk-like upper lip.
    • Elephants are considered to be their closest relatives. However, unlike dolphins and other cetaceans, sea cows have two nostrils and no dorsal fin.

    Their habitat

    • Distributed in shallow tropical waters in the Indo-Pacific region, in India, they are found in the Gulf of Kutch, Gulf of Mannar, Palk Bay, and Andaman & Nicobar Islands.
    • Dugongs are long-living animals, that have a low reproductive rate, long generation time, and high investment in each offspring.
    • The female dugongs do not bear their first calf until they are at least 10 and up to 17 years old.
    • A dugong population is unlikely to increase more than 5% per year. They take a long time to recover due to the slow breeding rate.

    Causes of extinction

    • Having being declared vulnerable, the marine animal calls for conserving efforts.
    • Studies have suggested the reasons for the extinction of the animal such as slow breeding rate, fishing, and the loss of habitat.
    • They are also known to suffer due to accidental entanglement and drowning in gill-nets.

    Conservation in India

    • The conservation reserve can promote growth and save vulnerable species from the verge of extinction.
    • Dugongs are protected in India under Schedule 1 of the Indian Wildlife Act 1972 which bans the killing and purchasing of dugong meat.
    • IUCN status: Vulnerable

    Try answering this PYQ:

    Q. With reference to ‘dugong’, a mammal found in India, which of the following statements is/are correct?

    1. It is a herbivorous marine animal.
    2. It is found along the entire coast of India.
    3. It is given legal protection under Schedule I of the Wildlife (Protection) Act, 1974.

    Select the correct answer using the code given below:

    (a) 1 and 2 only

    (b) 2 only

    (c) 1 and 3 only

    (d) 3 only

     

     

    [wpdiscuz-feedback id=”np1li6ujy1″ question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • New approach for India’s food systems

    Context

    The country faces the dual challenge of achieving nutrition security, as well as addressing declining land productivity, land degradation and loss of ecological services with change in land use. Not surprisingly, widespread concerns about poverty, malnutrition and the need for a second Green Revolution are being made in tandem.

     

    Challenges for India

    • Macro- and micronutrient malnutrition is widespread in India.
    • 18.7% of women and 16.2% of men are unable to access enough food to meet basic nutritional needs.
    • Over 32% of children below five years are still underweight as per the recently released fifth National Family Health Survey (2019-2021) phase 2 compendium.
    • India is ranked 101 out of 116 countries in the Global Hunger Index, 2021.
    • Although India is now self-sufficient in food grains production in the macro sense, it has about a quarter of the world’s food insecure people, a pointer to the amount of food necessary to allow all income groups to reach the caloric target (2,400 kcal in rural and 2,100 kcal in the urban set-up). 

    India needs to adopt ‘food systems’ for ‘sustainability’ and ‘better nutrition’

    • The UN Food Systems Summit called for action by governments in five areas: nourish all people; boost nature-based solutions; advance equitable livelihoods, decent work and empowered communities; build resilience to vulnerabilities, shocks and stresses; and accelerate the means of implementation.
    • Wholistic policy approach: In the context of the intensifying economic, environmental and climate challenges and crisis, the need of the hour is a good theory of transition encompassing the spatial, social and scientific dimensions, supported by policy incentives and mechanisms for achieving a sustainable, resilient and food secure agriculture.
    • Agro-climatic approach: An agro-climatic approach to agricultural development is important for sustainability and better nutrition.
    • Potential for crop diversification: Data compiled in the agro-climatic zones reports of the Indian Council of Agricultural Research and the erstwhile Planning Commission of India reveal enormous potential for crop diversification and precision for enhanced crop productivity based on soil type, climate (temperature and rainfall), and captive water resources.
    • The focus should be on improving farmers’ competitiveness, supporting business growth in the rural economy, and incentivising farmers to improve the environment.
    • Review of agro-climatic zones: It is assumed that a meticulous review of agro-climatic zones could make smallholders farming a profitable business, enhancing agricultural efficiency and socio-economic development, as well as sustainability.
    • Strengthening and shortening food supply chains, reinforcing regional food systems, food processing, agricultural resilience and sustainability in a climate-changing world will require prioritising research and investments along these lines.
    • A stress status of the natural resource base — soil and water in different agro-climatic zones — will help understand the micro as well as meso-level interventions needed with regard to technologies, extension activities and policies.
    • Infrastructure: Lastly, infrastructure and institutions supporting producers, agri-preneurs and agri micro, small and medium enterprises (MSMEs) in their production value chain are central to the transition.
    • Alignment with national and State policies: This should be aligned to the national and State policy priorities such as the National Policy guidelines 2012 of the Ministry of Agriculture for the promotion of farmer producer organisations, and the National Resource Efficiency Policy of 2019 of the Ministry of Environment, Forest and Climate Change.

    Conclusion

    Clearly, science, society and policy have a lot to gain from an effective interface encompassing the range of actors and institutions in the food value-chain and a multidisciplinary and holistic approach, along with a greater emphasis on policy design, management and behavioural change.

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  • Budget falls short on green ambitions

    Context

    One can analyse the budget from three standpoints: Direct allocations for the environment sector, allocations for environment in non-environment sectors, and allocations for other sectors with environmental impacts.

    Analysing the Budget from an environmental standpoint

    1] Allocation for MoEFCC

    • There is a slight increase in the budget of the Ministry for Environment, Forests and Climate Change (MoEFCC) from 2021-22’s revised estimate of Rs 2,870 crore to Rs 3,030 crore.
    • This is a meagre 0.08 per cent of the total budgetary outlay.
    • While some sectors like forestry and wildlife have seen a healthy rise in allocation, the outlay for others like the National River Conservation Plan has declined.

    2] Focus on natural and organic farming

    • There is a welcome stated focus on natural and organic farming, and on promoting millets.
    • No details on allocation: There are no details on the allocations, including for linkages necessary to make such farming viable, such as manure and markets.
    • Also, given the major push for food processing in the budget, without making reservations for community-run businesses, there is a danger of big corporations capturing the organic space.
    • Missing focus on rainfed farming: Completely missing is a focus on rainfed farming that involves 60 per cent of the farming population and is ecologically more sustainable than artificially irrigated agriculture.
    • The FM announced the government’s support to “chemical-free farming throughout the country,” but she has also allocated a massive chemical fertiliser subsidy of Rs 1,05,222 crore.
    • A recent announcement that palm plantations are proposed in Northeast India and the Andaman Islands, both ecologically fragile, makes this a worrying prospect.

    3] Positive provisions on the climate front

    • On the climate front, there are several positive provisions — use of biomass for power stations, boost to batteries, energy-efficiency measures in large commercial buildings, and sovereign green bonds.
    • Renewable and “clean” energy has received substantially higher allocations.
    • But the focus remains on mega-parks in solar/wind energy, nuclear power, and large hydro that have serious ecological impacts. 
    • The additional budget for farm-level solar pumps and rooftop solar generation is welcome, but it’s minuscule compared to mega-projects.
    • Missed opportunity for decentralised renewable energy: Another chance to shift towards decentralised renewable energy with less ecological impacts and greater community access has been missed.
    • The budget does promise greater support for public transport, something demanded by citizens’ groups for decades.
    • Unfortunately, most of the allocation in this will go to metros that are extremely carbon-intensive in terms of construction.
    • The National Climate Action Plan gets an abysmally inadequate Rs 30 crore — the same as in 2021-22.
    • And there is no focus on a “just transition” that could help workers in fossil fuel sectors, like coal, to transition to jobs in cleaner, greener sectors.

    4] Concerns with focus on infrastructure in Budget

    • As highlighted by the FM, this is predominantly an “infrastructure budget”.
    • While investments in infrastructure for small towns and villages are urgently needed, much of what is proposed are mega-projects.
    • The proposed 25,000 km increase in highways will further fragment forests, wetlands, mountains, grasslands, agricultural lands and bypass most villages.
    • A shift in paradigm to decentralised, sustainable, and community-oriented infrastructure is missing.
    • Several specific allocations are of further concern. For instance, the Ken-Betwa river-linking project, given over Rs 40,000 crore, will submerge valuable tiger habitat.
    • The Deep Ocean Mission and the Blue Revolution allocations are oriented towards commercial exploitation rather than conservation and sustainable use. 

    5] Missed opportunity on green jobs

    •  The budget misses out on a major shift to “green jobs”.
    • This includes support to decentralised (including handmade) production of textiles, footwear, and other products.
    • Even the MGNREGS, which could have been used for regenerating two-thirds of India’s landmass that is ecologically degraded, has got reduced allocation.

    Conclusion

    Another chance to turn the economy towards real sustainability and equity — a real “Amrit Kaal” as India heads to a centenary of Independence — has been missed.

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  • Cyber warfare

    Alongside the missiles and bombs slamming down in Ukraine, the country has also been hit by a wave of cyber-attacks targeting critical infrastructure companies.

    What is Cyberwarfare?

    • Cyberwarfare has emerged as a new form of retaliation or passive aggression deployed by nations that do not want to go to actual war but want to send a tough message to their opponents.
    • In June 2020, security experts from Cyfirma uncovered a conspiracy by Gothic Panda and Stone Panda, two China-based hacker groups, to target media and critical infra companies in India.
    • They led large-scale attacks amid the border stand-off between India and China in Ladakh.
    • For many countries, cyberwarfare is a never-ending battle as it allows them to constantly harass and weaken geopolitical rivals.

    What has happened in Ukraine so far?

    • Ukraine  has  been  one  of  the  primary targets of Russia since 2020.
    • The recent spate of attacks started in mid-January and knocked out websites of the ministry of foreign affairs and the ministry of education.
    • Government websites and a number of banks have been hit by another mass distributed denial of service (DDoS) attacks.
    • DDoS attacks disrupt online services by overwhelming websites with more traffic than their server can handle.

    Which countries are behind state-backed cyberattacks?

    • Russia is one of the top perpetrators of state-backed cyberattacks.
    • According to an October 2021 report by Microsoft Corp., Russia accounted for 58% of state-backed attacks worldwide, followed by North Korea (23%), Iran (11%), and China (8%).
    • North Korea is said to have built a cyber-army of 7,000 hackers.

    Which companies are targeted and why?

    • State-backed cyberattacks are usually carried out to steal state secrets, trade deals and weapons blueprint, or target large multinationals to steal their intellectual property (IP) and use it to build local industry.
    • Cryptos are also on the radar now. North Korean hackers reportedly stole cryptos worth $400 million in 2021.
    • However, when states launch cyberattacks on other states as a result of worsening of geopolitical relations, the target is usually critical infrastructure firms to disrupt economic activity.

    How often is India targeted?

    • Such cyberattacks rose 100% between 2017 and 2021, according to a global study by Hewlett-Packard and the University of Surrey.
    • In 2019, the administrative network of the Kudankulam Nuclear Power Plant was hit by a malware attack by North Korea-backed Lazarus Group.
    • China-backed hackers were believed to be behind a power outage in Mumbai in 2020.
    • According to Black Lotus Labs, Pakistan-based hackers targeted power firms and one government organization in India in early 2021 using Remote Access Trojans.

     

     

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  • Fire Ready Formula by UNEP

    The United Nations Environment Programme (UNEP) has called on global governments to adopt a new ‘Fire Ready Formula,’ as it warned that incidences of wildfires would rise in the future.

    What is the Fire Ready Formula?

    • The new formula envisages that 66 per cent of spending be devoted to planning, prevention, preparedness and recovery.
    • The remaining 34 per cent can be spent on response.

    New “Fire Ready Formula” focuses on Planning and Prevention  

    Serial No Budget item Percentage share of the total on  wildfire management  recommended
    1 Planning 1 %
    2 Prevention 32 %
    3 Preparedness 13 %
    4 Response 34 %
    5 Recovery 20 %

    Why need such a formula?

    • The UNEP report projected that the number of wildfires is likely to increase by up to 14 per cent by 2030.
    • Integrated wildfire management was key to adapting to current and future changes in global wildfire risk, the UNEP.
    • There is a need to invest more in fire risk reduction, work with local communities and strengthen global commitment to fight climate change.
    • Achieving and sustaining adaptive land and fire management requires a combination of policies, a legal framework and incentives that encourage appropriate land and fire use.

    Back2Basics: United Nations Environment Programme (UNEP)

    • UNEP is responsible for coordinating responses to environmental issues within the United Nations system.
    • It was established by Maurice Strong, its first director, after the United Nations Conference on the Human Environment in Stockholm in June 1972.
    • Its mandate is to provide leadership, deliver science and develop solutions on a wide range of issues, including climate change, the management of marine and terrestrial ecosystems, and green economic development.
    • UNEP hosts the secretariats of several multilateral environmental agreements and research bodies, including:

    1.      Convention on Biological Diversity (CBD),

    2.      Minamata Convention on Mercury,

    3.      Convention on Migratory Species and

    4.      Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

    • In 1988, the World Meteorological Organization and UNEP established the Intergovernmental Panel on Climate Change (IPCC).
    • UNEP is also one of several Implementing Agencies for the Global Environment Facility (GEF) and the Multilateral Fund for the Implementation of the Montreal Protocol.

     

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  • NASA to decommission the International Space Station

    The National Aeronautics and Space Administration (NASA) has announced plans to retire and decommission the International Space Station (ISS) by 2031.

    What is the ISS?

    • The ISS was launched in 1998 as part of joint efforts by the U.S., Russia, Japan, Canada and Europe.
    • The idea of a space station originated in the 1984 State of the Union address by former U.S. President Ronald Reagan.
    • The space station was assembled over many years, and it operates in low-earth orbit.
    • Since its inception, it has served as a laboratory suspended in space and has aided multiple scientific and technological developments.
    • The ISS was originally built to operate for 15 years.

    Why was ISS launched?

    • A space station permits quantum leaps in research in science, communications, and in metals and lifesaving medicines which could be manufactured only in space.
    • ISS has consistently maintained human presence for the past 21 years, providing astronauts with sophisticated technologies for scientific research.

    Why is NASA planning to decommission the ISS?

    • The space station has already surpassed that checkpoint by being active for 21 years, with plans to continue operations till 2030.
    • The ISS goes through 16 rotations of the earth per day, causing extreme temperature changes on the exterior.
    • The side facing the sun can get heated up to 121°C while the temperature on the opposite, darker side can fall to –157°C, causing intense expansion and contraction of the building material.
    • This orbital thermal cycling, coupled with dynamic loading, affects the longevity of the primary structure of the space station.
    • The technical lifetime is also limited by parts like radiators, modules and truss structures that tend to degrade over time.

    What is the procedure to de-orbit the ISS?

    • NASA plans to remove the ISS from its orbit around the earth and eventually plunge it into the ocean at a point farthest from human civilisation.
    • The space agency will use the dual method of natural orbit decay and a re-entry manoeuvre to bring an end to the ISS as we know it.
    • According to the plan, the earth’s natural atmospheric drag will be used in lowering the altitude of the ISS while setting up the de-orbit.
    • The space station operators will then provide the final push to it to lower the structure to the maximum possible height and ensure safe re-entry into the earth’s atmosphere.
    • It would then lead to Point Nemo over the South Pacific Oceanic Uninhabited Area (SPOUA).
    • Dissembling process would have posed huge logistical and financial challenges.

    How big is it?

    • The ISS is a huge structure — almost the size of a football field — and it was not designed to be disassembled easily in space.
    • The station currently operates in low-earth orbit above 400 km in altitude, at a point where it still experiences atmospheric drag and requires re-boosts to continue in its orbit.
    • The station also has a mass of over 4,30,000 kg.
    • Existing propulsion systems do not have the capacity to raise the station’s altitude to a high target and escape low-earth orbit.
    • The random re-entry method was discarded since it carries a huge risk for the human population on the ground.

    What is the future of space stations?

    • As the ISS plans to end operations in space, new players are already lining up to replace it.
    • In January 2022, China announced that its space station will be ready for operations this year.
    • Blue Origin, the aerospace company founded by Jeff Bezos, has also announced its plans to build Orbital Reef, a commercially developed, owned, and operated space station in low-earth orbit.
    • Blue Origin is working alongside Sierra Space on the project.

     

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  • [pib] Quantum Key Distribution

    A joint team of scientists from DRDO and IIT Delhi, for the first time in the country successfully demonstrated Quantum Key Distribution (QKD) link between Prayagraj and Vindhyachal in Uttar Pradesh, a distance of more than 100 kilometers.

    What is QKD Technology?

    • Quantum key distribution (QKD) is a secure communication method that implements a cryptographic protocol involving components of quantum mechanics.
    • It enables two parties to produce a shared random secret key known only to them, which can then be used to encrypt and decrypt messages.
    • It gives the ability of the two communicating users to detect the presence of any third party trying to gain knowledge of the key.
    • This is a result of a fundamental aspect of quantum mechanics: the process of measuring a quantum system, in general, disturbs the system.
    • By using quantum superposition or quantum entanglement and transmitting information in quantum states, a communication system can be implemented that detects data leak.

    How does it work?

    • QKD works by transmitting many light particles, or photons, over fiber optic cables between parties.
    • Each photon has a random quantum state, and collectively, the photons sent make up a stream of ones and zeros.
    • This stream of quantum states that make up ones and zeros are called qubits — the equivalent of bits in a binary system.
    • When a photon reaches its receiving end, it will travel through a beam splitter, which forces the photon to randomly take one path or another into a photon collector.
    • The receiver will then respond to the original sender with data regarding the sequence of the photons sent, and the sender will then compare that with the emitter, which would have sent each photon.

    Benefits offered

    • It allows the detection of data leak or hacking because it can detect any such attempt.
    • It also allows the process of setting the error level between the intercepted data in dependence.

     

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  • India risks being left out of TRIPS waiver

    Context

    When the Covid-19 pandemic pounded the globe, India, with South Africa, piloted a proposal to waive key provisions of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement on Covid-19 vaccines.

    Significance of TRIPS waiver for Covid-19 related  medical products

    • The TRIPS agreement is part of the international legal order on trade enshrined in the World Trade Organization (WTO).
    •  The core idea behind the proposal is that intellectual property (IP) rights such as patents should not become a barrier in scaling up the production of medical products like vaccines, diagnostics and therapeutics essential to combat Covid-19.
    •  However, the WTO has failed to adopt a TRIPS waiver to date.
    • Geographically limited waiver: The developed world is talking of a TRIPS waiver that would be geographically limited and exclude India.
    • This is a failure of India’s economic diplomacy.
    • There are also attempts at limiting the waiver to vaccines alone, leaving out diagnostics and therapeutics.

    Domestic factors that affected India’s global campaign for TRIPS waiver

    1] India failed to use provisions under Indian Patent Act

    • During the entire pandemic, India rarely made use of the existing flexibilities under the Indian Patent Act, such as compulsory licences (CL), which are consistent with the TRIPS agreement, to increase the supply of Covid-19 medical products despite being nudged by the judiciary to do so.
    • On the contrary, during the peak of the second Covid wave, the central government filed an affidavit in the Supreme Court stating that the main constraint in boosting the production of key drugs is the unavailability of raw materials, not IP-related legal hurdles.
    • .This stand completely contradicted India’s argument internationally that views IP as an obstacle to augmenting the supply of Covid-19 medical products.

    2] Lack of national strategy

    • India did not proactively develop a national strategy to implement the TRIPS waiver as and when it is adopted.
    • In other words, a TRIPS waiver at the WTO would only be an enabling framework.
    • It would then require member countries to amend their domestic IP laws to implement the waiver.

    3] Failure to involve Indian pharma industry

    • The government failed to get the Indian pharmaceutical industry on board.
    • Pharmaceutical bodies are a divided lot with many Indian companies speaking against the waiver, thus denting India’s global campaign.

    4] Failure to walk the talk on indigenously developed Covaxin

    • India should have unlocked the technical know-how of Covaxin to the world.
    • While technology transfer agreements for Covaxin have been inked with domestic companies, making the vaccine technology available to anyone interested globally, at a minimal price.
    • This would have exhibited India’s resolve to walk the talk on the TRIPS waiver.

    Conclusion

    While India would oppose the attempted exclusion, the lesson is that for economic diplomacy to flourish, it should be backed by concrete actions on the domestic front.

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  • Panel on AFSPA removal misses ‘45-day’ deadline

    A committee constituted by the Union Home Ministry to study the withdrawal of the Armed Forces (Special Powers) Act, or AFSPA, from Nagaland, slated to submit a report within 45 days is yet to conclude its findings.

    AFSPA: A Backgrounder

    • The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
    • It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
    • It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.

    Armed Forces (Special Powers) Act, 1958

    • Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in “disturbed areas.”
    • AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
    • The Act further provides that if “reasonable suspicion exists”, the armed forces can also arrest a person without warrant; enter or search premises without a warrant; and ban the possession of firearms.

    What are the Special Powers?

    The ‘special powers’ which are spelt out under Section 4 provide that:

    (a) Power to use force, including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;

    (b) Power to destroy structures used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;

    (c) Power to arrest without warrant and to use force for the purpose;

    (d) Power to enter and search premises without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.

    What are the Disturbed Areas?

    • A disturbed area is one that is declared by notification under Section 3 of the AFSPA.
    • As per Section 3, it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.

    Who can declare/notify such areas?

    • The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
    • A suitable notification would have to be made in the Official Gazette.

    Presently ‘Disturbed Areas’

    • AFSPA is currently in force in Assam, Nagaland, Manipur, 3 districts of Arunachal Pradesh, and areas falling within the jurisdiction of 8 police stations in Arunachal Pradesh bordering Assam.
    • In Jammu and Kashmir, a separate law Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 has been in force.

     Is it a License to Kill?

    While the operation of the Section has been controversial in itself, it has attracted much criticism when actions have resulted in the death of civilians.

    • Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
    • Protection against prosecution: This power is further bolstered by Section 6 which provides that legal can be instituted against the officer, except with the previous sanction of the Central Government.

    Supreme Court’s Observations over AFSPA

    • These extra-judicial killings became the attention of the Supreme Court in 2016.
    • It clarified that the bar under Section 6 would not grant “total immunity” to the officers against any probe into their alleged excesses.
    • The judgment noted that if any death was unjustified, there is no blanket immunity available to the perpetrator(s) of the offense.
    • The Court further noted that if an offense is committed even by Army personnel, there is no concept of absolute immunity from trial by the criminal court constituted under the CrPC.

    Constitutionality of AFSPA

    • Attempts have been made to examine the constitutionality of the Act on the grounds that it is contravention to the:
    1. Right to Life and Personal Liberty (Article 21) and
    2. Federal structure of the Constitution since law and order is a State subject

    Recommendations to repeal AFSPA

    (1) Justice B.P. Jeevan Reddy Commission

    • The 2004 Committee headed by Justice B.P. Jeevan Reddy, the content of which has never officially been revealed by the Government, recommended that AFSPA be repealed.
    • Additionally, it recommended that appropriate provisions be inserted in the Unlawful Activities Prevention Act, 1967 (UAPA) instead.
    • It also recommended that the UAPA be modified to clearly specify the powers of the armed forces and paramilitary forces and grievance cells should be set up in each district where the armed forces are deployed.

    (2) ARC II

    • The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.
    • It recommended adding a new chapter to be added to the Unlawful Activities Prevention Act, 1967.
    • However, the recommendation was considered first and then rejected.

    Controversies with AFSPA

    (1) Sexual Misconduct by Armed Forces

    • The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012.
    • It observed that- in conflict zones, legal protection for women was neglected.

    (2) Autocracy

    • The reality is that there is no evidence of any action being taken against any officer of the armed forces or paramilitary forces for their excesses.

    Caution given by the Supreme Court

    A July 2016 judgment authored by Justice Madan B. Lokur in Extra Judicial Execution Victim Families Association quoted the “Ten Commandments” issued by the Chief of the Army Staff for operations in disturbed areas:

    1. Definite circumstances: The “power to cause death is relatable to maintenance of public order in a disturbed area and is to be exercised under definite circumstances”.
    2. Declaration preconditions: These preconditions include a declaration by a high-level authority that an area is “disturbed”.
    3. Due warning: The officer concerned decides to use deadly force on the opinion that it is “necessary” to maintain public order. But he has to give “due warning” first.
    4. No arbitrary action: The persons against whom the action was taken by the armed forces should have been “acting in contravention of any law or order for the time being in force in the disturbed area”.
    5. Minimal use of force: The armed forces must use only the “minimal force required for effective action against the person/persons acting in contravention of the prohibitory order.”
    6. Empathy with perpetrators: The court said that: the people you are dealing with are your own countrymen. All your conduct must be dictated by this one significant consideration.
    7. People friendliness: The court underscored how the Commandments insist that “operations must be people-friendly, using minimum force and avoiding collateral damage – restrain must be the key”.
    8. Good intelligence: It added that “good intelligence is the key to success”.
    9. Compassion: It exhorted personnel to “be compassionate, help the people and win their hearts and minds. Employ all resources under your command to improve their living conditions”.
    10. Upholding Dharma (Duty): The judgment ended with the final Commandment to “uphold Dharma and take pride in your country and the Army”.

    Conclusion

    • Despite demands by civil society groups and human rights activities, none of the recommendations have not been implemented to date.

     

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  • What are Swiss Banks?

    A whistleblower has leaked information on more than $100 billion held in 30,000 accounts of Zurich-headquartered Credit Suisse, one of the world’s most infamous banks which hold black money.

    What is the news?

    • The investigation refocused attention on Swiss banks and their famous, century-old culture of secrecy.
    • This swiss tradition is under pressure as countries around the world try to get their super-rich to pay legitimate taxes on their wealth.

    Swiss Banks: Defined by Secrecy

    • Since at least the beginning of the 18th century, Geneva had become a favoured destination of French royalty and other European elites seeking discreet havens to stash their wealth.
    • In 1713, Swiss government authorities announced laws prohibiting bankers from giving out information about their customers.
    • Thus began a powerful culture of silence and secrecy that went on to become the defining feature of Swiss banking.
    • In 1934, Switzerland passed the Federal Act on Banks and Savings Banks, commonly known as the Banking Law of 1934 or the Swiss Banking Act.

    What’s behind this upmost secrecy?

    • Article 47 made it a crime to reveal details or information of customers to almost anyone — including the government — without their consent and in the absence of a criminal complaint.
    • Violators can get five years in prison; Article 47 lies at the heart of some of the most stringent banking secrecy laws anywhere.

    Why are they favourite destination to park black money?

    • As wealth became easily mobile across international borders, the safety and stability of Swiss banks, located in a peaceful country presented an irresistible attraction for the super-rich.
    • Switzerland itself is a politically neutral country.
    • Swiss bank accounts are attractive to depositors because they combine low levels of risk with very high levels of privacy.
    • The Swiss economy is extremely stable, and the banks are run at very high levels of professionalism.
    • Almost any adult in the world can open an account in a Swiss bank. Opening an account is not difficult, and requires not much more than basic KYC, including a proof of identity such as a passport.

    Question of ‘black money’

    • “Black money” allegedly stashed away by Indians in Swiss banks is a political issue in India, and parties and political functionaries have often made promises to “bring it back”.
    • Swiss authorities have maintained that they cooperate with the Indian government to fight tax evasion and fraud.

    Indian motives and moves

    • The two countries have had a system of automatic exchange of information in tax matters since 2018.
    • Under this, detailed financial information on all Indian residents with accounts in Swiss financial institutions was provided for the first time to Indian authorities in September 2019.

     

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