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Archives: News

  • Article 21 and the right of non-refoulement

    Significance of Manipur High Court judgement

    • The High Court of Manipur on Monday allowed seven Myanmar nationals, to travel to New Delhi to seek protection from the United Nations High Commissioner for Refugees (UNHCR).
    • “The far-reaching and myriad protection afforded by Article 21 of our Constitution, as interpreted and adumbrated by our Supreme Court time and again, would indubitably encompass the right of non-refoulement,” the court said.

    What is the principle of non-refoulemennt

    • Non-refoulement is the principle under international law that a person fleeing from persecution from his own country should not be forced to return.
    • Though India is not a party to the UN Refugee Conventions, the court observed that the country is a party to the Universal Declaration of Human Rights of 1948 and the International Covenant on Civil and Political Rights of 1966.

  • A ‘One Health’ approach that targets people, animals

    The article highlights the need for a holistic approach to animal and human health as more than two-thirds of existing and emerging infectious diseases are zoonotic.

    Need to document the link between environment animal and human health

    • Studies indicate that more than two-thirds of existing and emerging infectious diseases are zoonotic, or can be transferred between animals and humans, and vice versa.
    • Another category of diseases, anthropozoonotic infections, gets transferred from humans to animals.
    • The transboundary impact of viral outbreaks in recent years such as the Nipah virus, Ebola, Severe Acute Respiratory Syndrome (SARS), Middle East Respiratory Syndrome (MERS) has reinforced the need for us to consistently document the linkages between the environment, animals, and human health.

    India’s ‘One Health’ vision

    • India’s ‘One Health’ vision derives its blueprint from the agreement between the tripartite-plus alliance.
    • The alliance comprises the Food and Agriculture Organization of the United Nations (FAO), the World Organisation for Animal Health (OIE), the World Health Organization (WHO) and the United Nations Environment Programme (UNEP) — a global initiative supported by the United Nations Children’s Fund (UNICEF) and the World Bank under the overarching goal of contributing to ‘One World, One Health’.
    • In keeping with the long-term objectives, India established a National Standing Committee on Zoonoses as far back as the 1980s.
    • This year, funds were sanctioned for setting up a ‘Centre for One Health’ at Nagpur.
    • Further, the Department of Animal Husbandry and Dairying (DAHD) has launched several schemes to mitigate the prevalence of animal diseases since 2015.
    • Hence, under the National Animal Disease Control Programme, â‚č13,343 crore have been sanctioned for Foot and Mouth disease and Brucellosis control.
    • In addition, DAHD will soon establish a ‘One Health’ unit within the Ministry.
    • Additionally, the government is working to revamp programmes that focus on capacity building for veterinarians such as  Assistance to States for Control of Animal Diseases (ASCAD).
    • There is increased focus on vaccination against livestock diseases and backyard poultry.
    •  DAHD has partnered with the Ministry of Health and Family Welfare in the National Action Plan for Eliminating Dog Mediated Rabies.

    Need for coordination

    •  There are more than 1.7 million viruses circulating in wildlife, and many of them are likely to be zoonotic.
    • Therefore, unless there is timely detection, India risks facing many more pandemics in times to come.
    • There is need to address challenges pertaining to veterinary manpower shortages, the lack of information sharing between human and animal health institutions, and inadequate coordination on food safety at slaughter.
    • These issues can be remedied by consolidating existing animal health and disease surveillance systems — e.g., the Information Network for Animal Productivity and Health, and the National Animal Disease Reporting System.

    Conclusion

    As we battle yet another wave of a deadly zoonotic disease (COVID-19), awareness generation, and increased investments toward meeting ‘One Health’ targets is the need of the hour.

  • India-UK Relations

    The article highlights the factors that make building sustainable partnership with Britain hard for India and suggests the ways to find fresh basis for bilateral relationship.

    Need to tap potential for bilateral strategic cooperation

    • The long-scheduled summit between Prime Ministers of India and UK will take place with a digital conversation scheduled for Tuesday.
    • India and the UK must tap into the enormous potential for bilateral strategic cooperation in the health sector and contributions to the global war on the virus.
    • Foreign ministers of India, Japan and Australia would also join this meeting to set the stage for the “Group of Seven Plus Three” physical summit next month hosted by the British Prime Minister.

    Challenges in forming a sustainable partnership with Britain

    • Few Western powers are as deeply connected to India as Britain.
    • While India’s relations with countries as different as the US and France have dramatically improved in recent years, ties with Britain have lagged.
    • One reason for this failure has been the colonial prism that has distorted mutual perceptions.
    • The bitter legacies of the Partition and Britain’s perceived tilt to Pakistan have long complicated the engagement between Delhi and London.
    • Also, the large South Asian diaspora in the UK transmits the internal and intra-regional conflicts in the subcontinent into Britain’s domestic politics.

    Finding fresh basis for bilateral relationship

    • The two leaders are expected to announce a 10-year roadmap to transform the bilateral relationship that will cover a range of areas.
    • Both countries are on the rebound from their respective regional blocs.
    • Britain has walked out of the European Union and India has refused to join the China-centred Regional Comprehensive Economic Partnership.
    • Although both will continue to trade with their regional partners, they are eager to build new global economic partnerships.
    • While remaining a security actor in Europe, Britain is tilting to the Indo-Pacific, where India is a natural ally.
    • India needs as wide a coalition as possible to restore a semblance of regional balance.
    • Britain could also contribute to the strengthening of India’s domestic defence industrial base.
    • The two sides could also expand India’s regional reach through sharing of logistical facilities.
    • Both countries are said to be exploring an agreement on “migration and mobility” to facilitate the legal movement of Indians into Britain.
    • Both sides are committed to finding common ground on climate change.

    Consder the question “What are the factors that introduce friction in the sustainability of India’s bilateral relations with the Britain? Identify the areas in which both the countries can find fresh basis for the bilateral relations?”

    Conclusion

    If leaders of both the countries succeed in laying down mutually beneficial terms of endearment, future governments might be less tempted to undermine the partnership.

  • [pib] India-UK Virtual Summit

    India-UK Virtual Summit

    • Prime Minister Shri Narendra Modi and The Rt Hon’ble Boris Johnson, Prime Minister of the United Kingdom held a Virtual Summit today.
    • An ambitious ‘Roadmap 2030’ was adopted at the Summit to elevate bilateral ties to a ‘Comprehensive Strategic Partnership’.
    • The two Prime Ministers launched an ‘Enhanced Trade Partnership’ (ETP) by setting an ambitious target of more than doubling bilateral trade by 2030.
    • As part of the ETP, India and the UK agreed on a roadmap to negotiate a comprehensive and balanced FTA, including consideration of an Interim Trade Agreement for delivering early gains.
    • The enhanced trade partnership between India and UK will generate several thousands of direct and indirect jobs in both the countries.

    Collaboration and partnerships

    • The UK is India’s second-largest partner in research and innovation collaborations.
    • A new India-UK ‘Global Innovation Partnership’ was announced at the Virtual Summit that aims to support the transfer of inclusive Indian innovations to select developing countries, starting with Africa.
    • Both sides agreed to enhance cooperation on new and emerging technologies, including Digital and ICT products, and work on supply chain resilience.
    • They also agreed to strengthen defence and security ties, including in the maritime, counter-terrorism and cyberspace domains.

  • [pib] First supply of UCO-based Biodiesel flagged off

    Eco-system for collection and conversion of UCO into Biodiesel

    • Minister of Petroleum & Natural Gas flagged off the first supply of UCO (Used Cooking Oil) based Biodiesel blended Diesel under the EOI Scheme.
    • To create an eco-system for collection and conversion of UCO, Expressions of Interest had been initiated for “Procurement of Bio-diesel produced from Used Cooking Oil” on the occasion of World Biofuel Day on 10th August 2019.
    • Under this initiative, Oil Marketing Companies (OMC) offer periodically incremental price guarantees for five years and extend off-take guarantees for ten years to prospective entrepreneurs.

    Advantages

    • This is a landmark in India’s pursuance of Biofuels and will have a positive impact on the environment.
    • This initiative will garner substantial economic benefits for the nation by shoring up indigenous Biodiesel supply, reducing import dependence, and generating rural employment.

  • Climate change causing a shift in Earth’s axis, finds new study

    About the study

    • A study is published in Geophysical Research Letters of the American Geophysical Union (AGU).
    • The study has added yet another impact of climate change on the earth – marked shifts in the axis along which the Earth rotates.
    • It says that due to the significant melting of glaciers because of global temperature rise, our planet’s axis of rotation has been moving more than usual since the 1990s.

    How the earth’s axis shifts

    • The Earth’s axis of rotation is the line along which it spins around itself as it revolves around the Sun.
    • The points on which the axis intersects the planet’s surface are the geographical north and south poles.
    • The location of the poles is not fixed, however, as the axis moves due to changes in how the Earth’s mass is distributed around the planet.
    • Thus, the poles move when the axis moves, and the movement is called “polar motion”.
    • Generally, polar motion is caused by changes in the hydrosphere, atmosphere, oceans, or solid Earth.
    • But now, climate change is adding to the degree with which the poles wander.

    What the study says

    • As per the study, the north pole has shifted in a new eastward direction since the 1990s, because of changes in the hydrosphere (meaning the way in which water is stored on Earth).
    • From 1995 to 2020, the average speed of drift was 17 times faster than from 1981 to 1995.
    • The faster ice melting under global warming was the most likely cause of the directional change of the polar drift in the 1990s, the study says.
    • The other possible causes are terrestrial water storage change in non‐glacial regions due to climate change and unsustainable consumption of groundwater.

  • G7 to consider mechanism to counter misinformation

    G7 considering rapid response mechanism

    • The G7 members are Britain, the United States, Canada, France, Germany, Italy and Japan and their combined gross domestic product is about $40 trillion – a little less than half of the global economy.
    • G7 will look at a proposal to build a rapid response mechanism to counter Russian propaganda and disinformation.
    • Speaking ahead of a G7 foreign ministers’ meeting in London British Foreign Secretary said the United Kingdom was getting the G7 to come together with a rapid rebuttal mechanism to counter Russian misinformation.
    • Britain has identified Russia as the biggest threat to its security though it views China as its greatest long-term challenge, militarily, economically and technologically.

    Britain to engage more in Indo-Pacific

    • Britain has invited India, Australia and South Korea to attend this week’s meeting and the full leaders’ summit in June.
    • There was no concrete proposal as yet about Britain joining Quad.
    • Britain has been looking at ways to engage more in the Indo-Pacific.

  • RBI to strengthen risk-based supervision (RBS) of banks, NBFCs

    About RBS model

    • The RBI uses the Risk-Based Supervision (RBS) model, including both qualitative and quantitative elements, to supervise banks, urban cooperatives banks, non-banking financial companies and all India financial institutions.

    Decision to review the model

    • The Reserve Bank has decided to review and strengthen the Risk-Based Supervision (RBS) of the banking sector with a view to enable financial sector players to address the emerging challenges.
    • The review process will help make the extant RBS model more robust and capable of addressing emerging challenges, while removing inconsistencies if any.
    •  Annual financial inspection of UCBs and NBFCs is largely based on CAMELS model (Capital Adequacy, Asset Quality, Management, Earnings, Liquidity, and Systems & Control).
    • It is intended to review the existing supervisory rating models under CAMELS approach for improved risk capture in a forward-looking manner and for harmonising the supervisory approach across all Supervised Entities.

    Source:

    https://www.financialexpress.com/industry/banking-finance/rbi-to-strengthen-risk-based-supervision-of-banks-nbfcs/2244259/

  • Melting of Glaciers

    Glaciers shrinking faster than before

    • A new study by ETH Zurich and University of Toulouse researchers finds that the world’s glaciers are shrinking at a faster rate than before.
    •  If the trend continues this will put the densely-populated parts of Asia at risk of flood and water shortages.
    • The study found the world’s ice fields lost 298 gigatons of ice per year from 2015 to 2019, a 30% increase in the rate of retreat compared with the previous five years.
    • Glaciers in Alaska, the Alps and Iceland are among those disappearing at the fastest pace.
    • The scientists used images from a special camera aboard NASA’s Terra satellite, which has circled the Earth every 100 minutes since its launch in 1999.

    Impact

    • The situation in the Himalayas is particularly worrying.
    • Swathes of India and Bangladesh could face water stress during dry periods when major rivers like the Ganges and Indus are mainly fed by glacial runoff.
    • Glaciers typically accumulate ice in the winter, but a warming climate means summer melting has outstripped those gains and caused a net loss of ice in mountain regions.
    • The melting in turn contributes to global warming and indirectly accelerates sea level rise, raising the risk of flooding faced by coastal communities.

  • Judicial federalism

    The article discusses the idea of judicial federalism and autonomy of the High Courts.

    Issue of transfer of cases from High Courts to Supreme Court

    • Under Article 139A of the Constitution, the Supreme Court does have the power to transfer cases from the High Courts to itself if cases involve the same questions of law.
    • In Parmanand Katara v. Union of India (1989), the Supreme Court underlined that the right to emergency medical treatment is part of the citizen’s fundamental rights.
    • As such, constitutional courts owe a duty to protect this right.
    • In the face of a de facto COVID-19 health emergency, the High Courts of Delhi, Gujarat, Madras and Bombay, among others, have done exactly that.
    • These High Courts among others have directed the state governments on various issues related to COVID-19 health emergency.
    • However, Supreme Court issued an order asking the State governments and the Union Territories to “show cause why uniform orders” should not be passed by the Supreme Court.
    • Therefore, the Supreme Court indicated the possibility of the transfer of cases to itself.

    Issues with the SC’s move

    • According to the Seventh Schedule of the Constitution, public health and hospitals come under the State List as Item No. 6.
    • There could be related subjects coming under the Union List or Concurrent List.
    • Also, there may be areas of inter-State conflicts.
    • But as of now, the respective High Courts have been dealing with specific challenges at the regional level, the resolution of which does not warrant the top court’s interference.
    • In addition to the geographical reasons, the constitutional scheme of the Indian judiciary is pertinent.
    •  In L. Chandra Kumar v. Union of India (1997), the Supreme Court itself said that the High Courts are “institutions endowed with glorious judicial traditions” since they “had been in existence since the 19th century”.
    • Even otherwise, in a way, the power of the High Court under Article 226 is wider than the Supreme Court’s under Article 32.
    • This position was reiterated by the court soon after its inception in State of Orissa v. Madan Gopal Rungta (1951).
    • Judicial federalism has intrinsic and instrumental benefits which are essentially political.
    • The United States is an illustrative case.
    • The U.S. Supreme Court reviews “only a relative handful of cases from state courts” which ensures “a large measure of autonomy in the application of federal law” for the State courts.
    • The need for a uniform judicial order across India is warranted only when it is unavoidable — for example, in cases of an apparent conflict of laws or judgments on legal interpretation.
    • Otherwise, autonomy, not uniformity, is the rule.
    • Decentralisation, not centrism, is the principle.

    Consider the question “Under Article 139A of the Constitution, the Supreme Court does have the power to transfer cases from the High Courts to itself if cases involve the same questions of law. However, transferring such cases should not impinge on judicial federalism. Comment.”

    Conclusion

    In the COVID-19-related cases, High Courts across the country have acted with an immense sense of judicial responsibility. This is a legal landscape that deserves to be encouraged. To do this, the Supreme Court must simply stay away.