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Foreign Policy Watch: United Nations

G4 countries call for UNSC reforms

Note4Students

From UPSC perspective, the following things are important :

Prelims level: G4, Coffee Club, UNSC

Mains level: UNSC reforms

g4

The G4 nations have said that the Intergovernmental Negotiations on UN Security Council reform are constrained by a lack of openness and transparency.

Who are the G4 Countries?

  • The G4 nations, comprising Brazil, Germany, India, and Japan are four countries which support each other’s bids for permanent seats on the United Nations Security Council.
  • Their primary aim is the permanent member seats on the Security Council.
  • Each of these four countries have figured among the elected non-permanent members of the council since the UN’s establishment.
  • Their economic and political influence has grown significantly in the last decades, reaching a scope comparable to the permanent members (P5).

Deterrent in their cause

  • The UK and France have backed the G4’s bid for permanent seats.
  • All the permanent members of P5 have supported India’s bids for permanent seat.
  • However, China has previously implied that it is only ready to support India if it does not associate its bid with Japan.
  • The US has sent strong indications to Brazil that it is willing to support its membership; albeit, without a veto.

What holds them back?

  • There has been discontent among the present permanent members regarding the inclusion of controversial nations or countries not supported by them.
  • For instance, Japan’s bid is heavily opposed by China, North Korea, Russia and South Korea who think that Japan needs to make sincere reparations for war crimes committed during World War II.
  • Under the leadership of Italy, countries that strongly oppose the G4 countries’ bids have formed the Uniting for Consensus movement, also called as Coffee Club.
  • In Asia, Pakistan opposes India’s bid.

Why India deserves a permanent seat?

  • India has been part of UN since inception.
  • It has the world’s second-largest population and is the world’s largest democracy suited to represent South Asia.
  • It has contributed maximum peacekeepers to UN so far.

Why reform UNSC?

  • Non-representative nature: UNSC in current form is not representative of developing world and global needs, with primacy of policy being political tool in hands of P5, is well recognised globally.
  • Contention over Veto and Technical Holds: Veto power with P5 enables any one of them to prevent the adoption of any “substantive” draft Council resolution, regardless of its level of international support.
  • Divided institution: UNSC has become an organisation, which can pass strong resolutions against weak countries, weak resolutions against strong countries and no resolution against P5 countries.

Conclusion

  • There is a possibility that if UN doesn’t reform itself, it may lose relevance and alternate global and regional groupings may assume greater importance.
  • More global pressure from middle powers like G4 may force an expansion of UNSC as a possibility, but abolition of veto power in current set up is unlikely

Back2Basics: United Nations Security Council (UNSC)

  • The UNSC is one of the six principal organs of the United Nations and is charged with the maintenance of international peace and security.
  • Its powers include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of military action through Security Council resolutions.
  • It is the only UN body with the authority to issue binding resolutions to member states.
  • The Security Council consists of fifteen members. Russia, the United Kingdom, France, China, and the United States—serve as the body’s five permanent members.
  • These permanent members can veto any substantive Security Council resolution, including those on the admission of new member states or candidates for Secretary-General.
  • The Security Council also has 10 non-permanent members, elected on a regional basis to serve two-year terms. The body’s presidency rotates monthly among its members.

 

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Climate Change Impact on India and World – International Reports, Key Observations, etc.

What is International Argo Program?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Argo

Mains level: Not Much

argo

The International Argo Program system to observe carbon concentration in the world’s oceans is extremely inadequate to meet the growing and urgent need for information on oceanic carbon, says a report.

What is Argo?

  • Argo is an international program that uses profiling floats to observe temperature, salinity, currents, and, recently, bio-optical properties in the Earth’s oceans; it has been operational since the early 2000s.
  • The real-time data it provides is used in climate and oceanographic research.
  • A special research interest is to quantify the ocean heat content (OHC).
  • Each instrument (float) spends almost all its life below the surface.
  • The name Argo was chosen because the array of floats works in partnership with the Jason earth observing satellites that measure the shape of the ocean surface.
  • In Greek mythology Jason sailed on his ship the Argo in search of the Golden Fleece.

What are its aims?

  • The data that Argo collects describes the temperature and salinity of the water and some of the floats measure other properties that describe the biology/chemistry of the ocean.
  • The main reason for collecting these data is to help us understand the oceans’ role in earth’s climate.
  • For example, the changes in sea level (once the tides are averaged out) depend partly on the melting of icecaps and partly on the amount of heat stored in the oceans.
  • Argo’s temperature measurements allow us to calculate how much heat is stored and to monitor from year to year how the distribution of heat changes with depth and from area to area.
  • As ocean heat content increases, sea level rises, just like the mercury in a thermometer.

How does it work?

  • Each Argo float (costing between $20,000 and $150,000 depending on the individual float’s technical specification) is launched from a ship.
  • The float’s weight is carefully adjusted so that, as it sinks, it eventually stabilizes at a pre-set level, usually 1 km.
  • Ten days later, an internal battery-driven pump transfers oil between a reservoir inside the float and an external bladder.
  • This makes the float first descend to 2km and then return to the surface measuring ocean properties as it rises.
  • The data and the float position are relayed to satellites and then on to receiving stations on shore.
  • The float then sinks again to repeat the 10 day cycle until its batteries are exhausted.

 

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Tourism Sector

What is Ambedkar Tourist Circuit?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Ambedkar Tourist Circuit

Mains level: Not Much

The Central government has announced a special tourist circuit encompassing five key sites associated with Dr. B.R. Ambedkar.

Why in news?

  • Activists have urged that Mahad, located in Raigad District of Maharashtra, famous for Mahad Lake Satyagraha should also be included in the proposed circuit.

Ambedkar Circuit

  • The five cities in the tourist circuit as announced are Mhow (his birthplace), London (where he resided and studied), Nagpur (also studied here), Delhi (where he passed away) and finally Mumbai (where he was cremated).
  • With a special AC train, the government is looking to trace the footsteps of Ambedkar in India by giving better connectivity to four of these spots.
  • The idea is to attract tourists beyond the Dalit community, who mostly visit these places as a pilgrimage.
  • The journey will include meals, ground transportation, and entry to the sites.

About the sites

  1. Janma Bhoomi– Ambedkar’s birthplace in Madhya Pradesh’s Mhow
  2. Shiksha Bhoomi– the place in London where he stayed while studying in the UK
  3. Deeksha Bhoomi– the place in Nagpur where he embraced Buddhism
  4. Mahaparinirvan Bhoomi- the place of his demise in Delhi and
  5. Chaitya Bhoomi- the place of his cremation in Mumbai

Back2Basics: Tourism Circuits

  • The government had identified 15 tourist circuits under the Swadesh Darshan Scheme in 2014-15.
  • Besides the Ramayana and Buddhist Circuits, others include Coastal Circuit, Desert Circuit, Eco Circuit, Heritage, North East, Himalayan, Sufi, Krishna, Rural, Tribal, and Tirthankar Circuits.
  • In terms of train collaboration, the Ramayana, Buddhist, and North East Circuits are already active, while Ambedkar will be fourth.

 

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Electoral Reforms In India

Intra party elections

Note4Students

From UPSC perspective, the following things are important :

Prelims level: election commission of india

Mains level: electoral reforms

Intra party electionContext

  • Congress party has issued a notification for the party’s presidential election hinting towards intra party election.
  • As per the official notification, party leaders can file nominations from 24 September to 30 September. The voting will be held on 17 October and the results will be declared on 19 October.

What are the elections?

  • An election is a way people can choose their representatives of their preferences in a representative democracy. Elections enable people to judge the performance of the government.

Why they are important?

  • Elections give people a chance to evaluate their leaders, chance to change the government.
  • Elections help the people in the selection of their representatives and it provides law making power directly to the people.
  • Elections make a fundamental contribution to democratic governance.

Intra party electionWhat is mean by Intra party elections?

  • It is a mechanism to choose the candidates for various posts of the political through a democratic process, it’s a mandate given by the members of the party itself.
  • The intra-party election is a fundamental indicator to explore the authenticity of democratization and decentralization of political parties.

Why elections are necessary within the political parties?

  • Internal debates: During intra party elections there would be contests between leaders. There will be debate, discussions some criticism, and differences of opinion. There should be a dialogue between the leaders, members and volunteers
  • Democratic culture: Political parties don’t have to be homogeneous in terms of both ideas and leadership. Political parties are aggregations of interests yet Party workers should not feel they are being ignored, that their efforts are not appreciated or not going in vain under the shadow of a leader came from the family lines.
  • Political career: Having these internal elections, meetings and contests of ideas is important.  Internal election is a key for upward mobility. It gives better understanding of the party’s idea, culture and the work process.
  • High command culture: High command culture is what we are witnessing today in India and South Asia is problematic for democracy, where all political parties are centralized. The few members at the helm are controlling even the smallest decisions about what party should do. Members are not able to express freely their personal views.
  • Feudalism: They are family-controlled parties, and dynastic politics has become a norm. Won’t be able to name more than three or four political parties which have survived 30 years in Indian politics and are today not controlled by apolitical family.
  • Favoritism: where you can only rise up the ranks in the system depending on the relationship you share with the first family of that party. Irrespective of difference of opinions with the top leaders of the party, the upward mobility majorly depends on the relationship.

Intra party electionWhat is a Legal framework for election?

There is no law for intra-party elections as of now.

  • Seshan effect: When T.N. Seshan was at the helm of the Election Commission of India (ECI); by an executive order political parties were ordered to conduct intra party elections. And because Seshan was a much respected and feared person, political parties complied with it. Since then, elections are held periodically in every recognized party.
  • What Constitution says: Article 324 says free and fair elections to parliament, state assemblies, president and vice-president. It doesn’t say anything about political party or election within.
  • What Courts argue: The courts have made an observation that nothing in Article 324 of the Constitution, or Section 29A of the Representation of the People Act, 1951 tells us that the ECI can actually regulate internal structures, organizations or elections of the party. Which is why parties, on the left or right, have not been conducting internal elections as we want them to conduct them

Worldwide practice

  • USA: In the U.S. election, the selection of the candidate to be the presidential nominee is done via debate, in which the contenders condemn and criticize each other.
  • UK: In the U.K. Democracy should be at every level, and political parties are an essential pillar of democracy. Intra party election happens to choose the leader of party.

What is state funding of election?

  • It is an idea where state or Government of India provides funding to political parties according to their electoral performance.
  • As of today, state does provide land at concessional rate, free air time on national television but today political parties do not come under RTI. Hence some suggest state funding of elections to regulate the behavior of political parties.

What is the Role of Election Commission in organizational election of political parties?

  • The ECI does insist on organizational elections, but only gently. They do go through the process.
  • Election can happen only if there are two or more candidates in the fray. Getting elected unopposed is also a valid election. It is not just within the political parties, we have

Seen it in panchayat elections and sometimes even in Lok Sabha and State Assembly elections that candidates have got elected unopposed.

Intra party electionHow to fix the accountability of the political parties?

  • ECI re-interpreting the existing laws, as happened in the 1990s. ECI has to imagine its role as a regulator of these political parties and in some ways. They have to try out milder options.
  • Political parties are required to hold organizational elections regularly. The parties are required to inform the ECI about changes in their office-bearers.
  • They are required to submit a document of expenditure incurred during elections and in the non-election periods. But there is no cost attached to non-compliance.
  • Expert suggests state funding of election would ensure the accountability of parties as it will bring parties under ambit of RTI and voters can seek the expenditure report from parties. Election commission can also penalize party for non-compliance.

Conclusion

  • Election for a gram panchayat or presidential it is always a booster for democracy. Intraparty elections are beneficial for party, contesting individual and country at large, it culminates into emergence of quality leadership which in turn a boon for good governance.

Mains Question

Q. Intra party elections are essential feature of healthy democracy. Discuss the role of election commission, the courts and the political parties for the healthy functioning of intra party democracy.

Do follow

Internal democracy in political parties

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Issues related to CBI

Note4Students

From UPSC perspective, the following things are important :

Prelims level: CBI and ED

Mains level: governance and transparency

CBIContext  

  • Despite several observations made by the Supreme Court of India (SC) against the inefficient functioning of the CBI nothing has happened to improve the situation.
  • The Enforcement Directorate (ED) is in the news now and often.

Central Bureau of Investigation (CBI)

  • The Bureau of Investigation traces its origins to the Delhi Special Police Establishment, a Central Government Police force, which was set up in 1941 by the Government of India.
  • It then aimed to investigate bribery and corruption in transactions with the War and Supply Department of India.
  • It then had its headquarters in Lahore.
  • After the end of the war, there was a continued need for a central governmental agency to investigate bribery and corruption by central-government employees.
  • The DSPE acquired its popular current name, Central Bureau of Investigation (CBI), through a Home Ministry resolution dated in 1963.

Mandate of the CBI

  • The CBI is the main investigating agency of the GoI.
  • It is not a statutory body; it derives its powers from the Delhi Special Police Establishment Act, 1946.
  • Its important role is to prevent corruption and maintain integrity in administration.
  • It works under the supervision of the CVC (Central Vigilance Commission) in matters pertaining to the Prevention of Corruption Act, 1988.
  • The CBI is also India’s official representative with the INTERPOL.

CBICases to investigate

  • Cases connected to infringement of economic and fiscal laws
  • Crimes of a serious nature that have national and international ramifications
  • Coordination with the activities of the various state police forces and anti-corruption agencies.
  • It can also take up any case of public importance and investigate it
  • Maintaining crime statistics and disseminating criminal information.

Notable cases cracked by CBI

  • Bhanwri Devi missing case: Jat leader and former Rajasthan minister Mahipal Maderna, Congress MLA Malkhan Singh and Bhanwari’s husband Amarchand were all part of the conspiracy to abduct and eliminate Bhanwari. Bhanwari had threatened to expose Malkhan’s relationship with her at the Bishnoi mahapanchayat.  Maderna, Malkhan, the three kidnappers and Sahiram along with Amarchand were arrested by the CBI.
  • Noida double murder case: In May 2008, the nation was shocked with the sensational double murders in Noida. The victims were Arushi Talwar and Hemraj Banjade. Initially, there was no clarity about the motive or the perpetrator of this ghastly crime. After a lengthy investigation which spanned close to 6 years, the CBI based on circumstantial evidence established that the parents of Aarushi Talwar, Rajesh Talwar and Nupur Talwar were the perpetrators of this crime.
  • The Satyam Case:  B Ramalinga Raju, the disgraced chairman of Satyam Computers Services Ltd, along with 13 individuals and entities including Chintalapati Srinivasa Raju of iLabs, made Rs 2,000 crore in illegal wealth in the Satyam scam. The CBI constituted a Multi-Disciplinary Investigation Team (MDIT) to investigate the case. The team worked hard, burnt midnight oil and achieved success in a record time of 45 days when it filed its first chargesheet against the accused for offences of criminal conspiracy, cheating, forgery and falsification of accounts.

Issues with CBI

  • Caged parrot: The Supreme Court has criticized the CBI by calling it a “caged parrot speaking in its master’s voice”.
  • Political interference: It has often been used by the government of the day to cover up wrongdoing, keep coalition allies in line and political opponents at bay.
  • Investigation delay: It has been accused of enormous delays in concluding investigations due to political inertia.
  • Loss of Credibility: CBI has been criticised for its mismanagement of several cases involving prominent politicians and mishandling of several sensitive cases like Bofors scandal, Bhopal gas tragedy.
  • Lack of Accountability: CBI is exempted from the provisions of the Right to Information Act, thus, lacking public accountability.
  • Acute shortage of personnel: A major cause of the shortfall is the government’s sheer mismanagement of CBI’s workforce.
  • Limited Powers: The powers and jurisdiction of members of the CBI for investigation are subject to the consent of the State Govt., thus limiting the extent of investigation by CBI.
  • Restricted Access: Prior approval of Central Government to conduct inquiry or investigation on the employees of the Central Government is a big obstacle in combating corruption at higher levels of bureaucracy.

Why was it called caged carrot by the Supreme Court?

  • Politicisation of the Central Bureau of Investigation (CBI) has been a work in progress for years.
  • Corruption and Politically biased nature, This was highlighted in Supreme Court criticism for being a caged parrot speaking in its master’s voice.
  • CBI has been accused of becoming ‘handmaiden’ to the party in power; as a result high profile cases are not treated seriously.
  • Since CBI is run by central police officials on deputation hence chances of getting influenced by government was visible in the hope of better future postings.

Suggestions for the improvement of the functioning of the CBI under the supervision of the CVC

  1. One, the CVC Act should be amended, providing for a five/seven member Central Vigilance Commission, which could broadly assume the role visualised for the Lokpal. The selection process of the CVC members should be more broad based to prevent favouritism or from controversial persons being appointed.
  2. Two, the CVC should constitute an advisory committee of at least 11 members drawn from criminologists and forensic science experts. This will augment the professional input in its functioning. Further, to reduce the burden on the CVC, it should be given the power to go to any expert or professional to assist it in screening complaints.
  3. Three, the jurisdiction of CVC, which presently covers all employees of the central government and the CPSUs, should remain unchanged. There is already an administrative arrangement to delegate the vigilance administration over class II and lower formations to the ministries/departments concerned. However, if the lower formations are involved with the class I officers in a composite case, the CVC exercises a natural jurisdiction over all of them. To make this arrangement more effective, it would be important that the CVC exercises complete control over the selection, appointment and functioning of the CVOs.
  4. Four, the CVC should have an adequately experienced team to technically examine and assess the gravity of a complaint, which can then be assigned to the CBI for investigation or can be investigated by this team. After assessing a complaint by this broad-based CVC, there should be no need to seek prior permission from the government.
  5. Five, in the cases assigned to it by the CVC, the CBI should be made functionally and financially independent of the controls of any government ministry/department. The professional supervision over the investigations of the CBI should rest only with the CVC.
  6. Six, the manner of the appointment of the CBI Director should be broad based as in the case of the CVC members, whereas the other inductions/appointments in the CBI should be brought under the overarching supervision of the CVC.
  7. Seven, to achieve better synergy between anti-corruption laws and grievance handling, the laws relating to the whistle blowers and grievance redressal should be placed within the jurisdiction of the CVC.
  8. Eight, effective administration of anti-corruption laws at the grass roots is the key to responsible governance. The state and their anti-corruption agencies would, therefore, need to be equally insulated from the state government’s interference on similar lines.

Reforming CBI

  • Need for autonomy:   As long as the government of the day has the power to transfer and post officials of its choice in the CBI, the investigating agency will not enjoy autonomy and will be unable to investigate cases freely.
  • Selection of director/ Officers: To ensure that the CBI is a robust, independent and credible investigation agency, there is an urgent need to work out a much more transparent mechanism for selection and induction of officers on deputation.
  • Lokpal scrutiny: The Lokpal Act already calls for a three-member committee made up of the PM, the leader of the opposition and the CJI to select the director.
  • Bifurcation of Cadre: CBI should be bifurcated into an Anti-Corruption Body and a National Crime Bureau.
  • Develop own cadre: One of the demands that have been before Supreme Court, and in line with international best practices, is for the CBI to develop its own dedicated cadre of officers.
  • Annual social audit should be carried out by ten reputed, knowledgeable persons with background of law, justice, public affairs and administration and the audit report should be placed before the parliament.

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.

CBIFrom 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.

CBIWhat 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.

CBIWhat 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.

Allegations against ED

  • Huge discretions: The ED is the only Central agency in the country that does not require permission from the government to summon or prosecute politicians or government functionaries for committing economic offences like money laundering.
  • Used for petty crimes: PMLA is pulled into the investigation of even “ordinary” crimes and assets of genuine victims have been attached.
  • Actual purpose denigrated: PMLA was a comprehensive penal statute to counter the threat of money laundering, specifically stemming from the trade in narcotics.
  • Violations of Rights: PMLA was enacted in response to India’s global commitment to combat the menace of money laundering. Instead, rights have been “cribbed, cabined and confined”.
  • Functional opacity: There is also a lack of clarity about ED’s selection of cases to investigate. We often see ED raiding houses of opposition parties suddenly.
  • Poor rate of conviction: We have hardly read the conclusion of cases by ED. Meantime media-trial tears off the accused person’s credibility which is the most desired intent.
  • Under-trials and slower prosecution: ED has been focusing on keeping the accused in custody rather than actually proving the charges against them.

Challenges to ED

  • ED being dragged to court: The petitions against the ED had the effect of slowing down the investigations, as officers have to defend themselves in court.
  • Foul crying politicians: There are attempts to cover up unexplained, high-value transactions that fall within the PMLA’s ambit
  • Investigation of foreign transactions: Getting information on accounts and money stashed abroad to establish a trail is the biggest challenge they face.

Way forward

  • The fight against corruption is intimately linked with the reform of the investigations.
  • Therefore the adjudicating authorities must work in cooperation and ensure the highest standards of transparency and fairness.
  • ED has been walking a tightrope to safeguard its integrity by speeding up investigations and court procedures.
  • The need of the hour could be systemic fixes—and not shrill calls to throw the baby out with the bathwater.
  • It is unlikely that corruption can be substantially reduced without modifying the way government agencies operate.

Conclusion

  • It is for the nation to demand that the country’s premier investigating agencies like the CBI, income tax authorities and the ED are not used as instruments of blackmail and intimidation by the government of the day. Rather they should work with complete objectivity and in the interest of the nation.

Mains question

Q. CBI and ED was called caged carrot by the Supreme Court. Do you agree with this? What issues are being faced by these premier agencies? Suggest some dynamic solutions to overcome these issues.

Do follow

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

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Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

Census in India

Note4Students

From UPSC perspective, the following things are important :

Prelims level: particulars of census data

Mains level: Population issues

censusContext

  • As there is no official reassurance that India will not skip its decadal Census, we can declare that we have a case of the missing census.
  • The census is a very important source of statistics on various indicators.
  • The ability to hold a census peacefully, and not coercively, has been the hallmark of a civilized state and state of affairs.

What is a census?

  • Census is nothing but a process of collecting, compiling, analyzing, evaluating, publishing and disseminating statistical data regarding the population.
  • It covers demographic, social and economic data and is provided as of a particular date.

What is the purpose of the census?

  • To collect the information for planning and formulation policies for Central and the State Governments.
  • The census tells us who we are and where we are going as a nation.
  • It helps the government decide how to distribute funds and assistance to states and localities.
  • The census data is widely used by National and International Agencies, scholars, business people, industrialists, and many more.

censusWhy is the census important?

  • Provides most credible source of information: information on Demography (Population characteristics), Economic Activity, Literacy and Education, Housing & Household Amenities, Urbanisation, Fertility and Mortality, Scheduled Castes and Scheduled Tribes, Language, Religion, Migration, Disability and many other socio-cultural and demographic data.
  • The delimitation/reservation of Constituencies: Parliamentary/Assembly/Panchayats and other Local Bodies are also done on the basis of the demographic data thrown up by the Census.
  • Administration: Census is the basis for reviewing the country’s progress in the past decade, monitoring the ongoing Schemes of the Government.
  • Planning the future: It provides pathways for planning and resolving problems, and fixing deficiencies. Government goes through analysis over the census data and formulates policies for the future accordingly.
  • Detailed accounts: The best of sample surveys find it impossible to beat a census as It carries the promise of counting each and every Indian. A census is when the state connects to every individual and it will find it hard to hide or duck from the data.
  • Welfare schemes: Identifying the actual beneficiaries, Census is the key to creating identity and affirming it over time .Census data enable neat, inter-temporal comparability.

Censuses in India so far

  • Census operations started in India long back during the period of the Maurya dynasty.
  • It was systematized during the years 1865 to 1872, though it has been conducted uninterruptedly from the year 1881 being a trustworthy resource of information.
  • India has held its decadal censuses regularly from 1881 to 2011, despite diseases, world wars, Partition and other instances of turmoil only COVID-19 as an exception.
  • Census 2011 is the 15th National Census of the Country.
  • The Census established that the Total Fertility Rate (TFR) is coming down at a very rapid pace and is well on its way to stabilization.
  • The 2011 Census also dispelled the notion of divorce rate differentials between city and rural India. The urban divorce rate (0.89%) is almost equal to the rural rate (0.82%).

censusWhy census 2021 has been postponed indefinitely?

  • The Ministry of Home Affairs told the Lok Sabha in August, 2021 that the massive, decennial exercise came to a grinding halt due to the advent of Coid-19 pandemic.

What was the original timeline of the Census and how is it being delayed?

  • Gazette notification: The Centre’s intent to conduct Census 2021 was notified in the Gazette of India on March 28, 2019. The exercise was to have been conducted in two phases, with the housing Census from April to September 2020 and population enumeration from February 9, 2021.but it did not take place due to the spread of COVID-19.
  • Alternative timeline post-covid-19: In March 2021, the Home Ministry gave a Parliamentary panel a tentative alternative timeline. The fieldwork for the first phase, which would provide data on housing conditions, household amenities and assets possessed by households, is expected during 2021-22, while the fieldwork to count the population and provide data on demography, religion, Scheduled Castes and Tribes (SC/ST), language, literacy and education, economic activity, migration and fertility would be done in 2023-24, it said.
  • Said Provisional data: The Ministry added that provisional data would be released in 2023-24 before the next general elections. Usually, more detailed tables providing village-level data on specific indicators will continue to be released for several years after the key information.

censusImpact of delay in census 2021

  • Public distribution system:
  • The National Food Security Act, 2013, says that 75% of the rural population and 50% of the rural population are entitled to receive subsidised food grains from the government under the targeted public distribution system (PDS).
  • Under the 2011 Census, India’s population was about 121 crore, hence PDS covered approximately 80 crore people.
  • If we apply projected population of 137crore ,current delay in Census data would continue to deprive more than 10 crore people of subsidised food entitlements, with the biggest gaps in Uttar Pradesh and Bihar, with 2.8 crore and 1.8 crore projected exclusions respectively.
  • welfare schemes:
  • Although the Government’s intent to use SECC data but failed at budgetary allocation for the projected expansion.
  • Census data may not be used to calculate the beneficiaries of most schemes, but it is critical to policy planning, budgeting and administration.
  • A number of schemes need to use the disaggregated age and fertility indicators to assess effectiveness as demographics change over time.
  • Huge lag in Migration data:
  • From the COVID19 lockdowns it is realized that the Numbers, causes and patterns of migration, which could not be answered using outdated 2011 Census data.
  • The D-tables on migration from the 2011 Census were only released in 2019, so it’s outdated by the time it came out.
  • Apart from the One Nation, One Ration card scheme which now allows for portability of food subsidy entitlements, the migration data is actually not used too much in broader economic policy and planning.

Why there is a demand for caste census in India?

  • India’s population has since increased three-fold to 1.21 billion in 2011.
  • Experts believe the economic status of the dominant OBC castes have improved in the past 80 years and certain castes have not benefited as much.
  • So, the new caste census is required to measure the economic and social well-being of all castes.

Other related information Key findings of 2011 census

  • Population:
  • India’s population grew by 17.7 per cent during 2001-11, against 21.5 per cent in the previous decade.
  • India’s total population stands at 1.21 billion, which is 17.7 per cent more than the last decade, and growth of females was higher than that of males.
  • The growth rate of females was 18.3 per cent which is higher than males — 17.1 per cent.
  • Among the major states, highest decadal growth in population has been recorded in Bihar (25.4 per cent) while 14 states and Union Territories have recorded population growth above 20 per cent.
  • Rural and urban population:
  • Urban proportion has gone up from 17.3 per cent in 1951 to 31.2 per cent in 2011.
  • Highest proportion of urban population is in NCT Delhi (97.5 per cent).
  • Top five states in share of urban population are Goa (62.2 per cent), Mizoram (52.1 per cent), Tamil Nadu (48.4 per cent), Kerala (47.7 per cent) and Maharashtra (45.2 per cent).
  • Literacy:
  • Literacy rate in India in 2011 has increased by 8 per cent to 73 per cent in comparison to 64.8 per cent in 2001.
  • Male literacy rate stands at 80.9 per cent, which is 5.6 per cent more than the previous census whereas the female literacy rate stands at 64.6 per cent, increase of 10.9 per cent than 2001.
  • The highest increase took place in Dadra and Nagar Haveli by 18.6 points (from 57.6 per cent to 76.2 per cent), while in Bihar by 14.8 points (from 47.0 per cent to 61.8 per cent), Tripura by 14.0 points (from 73.2 per cent to 87.2 per cent)
  • Density:
  • The density of population in the country has also increased from 325 in 2001 to 382 in 2011 in per sq km.
  • Among the major states, Bihar occupies the first position with a density of 1106, surpassing West Bengal which occupied the first position during 2001.
  • Delhi (11,320) turns out to be the most densely inhabited followed by Chandigarh (9,258), among all states and UT’s, both in 2001 and 2011 Census.
  • The minimum population density works out in Arunachal Pradesh (17) for both 2001 and 2011 Census.
  • Sex ratio:
  • The sex ratio of population in the country in 2011 stands at 940 female against 1000 males, which is 10 per cent more than the last census when the number female per thousand male stood at 933.
  • The number of females per 1000 males in Haryana in 2011 stands at 879 followed by Jammu and Kashmir (889 female) and Punjab (895 females).
  • The other two worst-performing states in terms of skewed sex ration are Uttar Pradesh (912 females) and Bihar (918 females).
  • Five top performing states in terms of sex ratio were Kerala (1,084 females), Tamil Nadu (996), Andhra Pradesh (993), Chhattisgarh (991),Odisha (979).
  • Child population:
  • Child population in the age of 0 to 6 years has seen an increase of 0.4 per cent.
  • There has been a decline of 8 per cent in the sex ratio of 0-6 age group. In 2011, the child sex ratio (0-6) stands at 919 female against 1000 male in comparison to 927 females in 2001.
  • Male child (0-6) population has increased whereas female child population has decreased during 2001-11.
  • The worst performing states in regard to sex ration in the age group of 0 to 6 years are Haryana (834 females), Punjab (846), Jammu and Kashmir (862), Rajasthan (888) and Gujarat (890).
  • The best performing states are Chhattisgarh (969), Kerala (964), Assam (962), West Bengal (956) Jharkhand (948) and Karnataka (948).
  • SC/ST data:
  • According to the Census, Scheduled Castes are notified in 31 states and UTs and Scheduled Tribes in 30 states. There are altogether 1,241 individual ethnic groups notified as SC’s .The number of individual ethnic groups, notified as ST’s is 705.
  • There have been some changes in the list of SC’s/ST’s in states and UT’s during the last decade.
  • The SC population in India now stands at 201.4 million, which is 20 per cent more than the last census. The ST population stands at 104.3 million in 2011 – 23.7 per cent more than 2001.
  • Religious demographics:
  • The religious data on India Census 2011 was released by the Government of India on 25 August 2015.
  • Hindus are 79.8% (966.3 million), while Muslims are 14.23% (172.2 million) in India.
  • For the first time, a “No religion” category was added in the 2011 census. 2.87 million Were classified as people belonging to “No Religion” in India in the 2011 census. – 0.24% of India’s population of 1.21 billion.
  • Median marriage age:
  • The median age increased for men – from 22.6 (2001) to 23.5 (2011) and for women – from 18.2 (2001) to 19.2 (2011).

Conclusion

  • The census is vital and precious as it is a repository of complete data about the country which is gathered openly, voluntarily, and with the use of public money, making it a social good.
  • The new Census is likely to capture the extent of the observed movement in migration trends towards smaller two-tier towns apart from the large metropolitan centre.
  • It could help answer questions of what kind of healthcare and social services are most needed and where.
  • The Census is about many things. But, fundamentally, it is a way in which the state, by knocking at all doors, displays its desire to connect with the people who ultimately comprise the nation.

 

Mains Question

Q. Apart from being used to demarcate constituencies, updated decadal census data is vital to administration. How will the indefinite postponement of census impact the policy formation for the future? Critically Analyse.

 Do follow this link 

Census 2011 | The basics and summary of important findings

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Terrorism and Challenges Related To It

Left wing extremism

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Maoism, Leninism and Marxism

Mains level: LWE in India

mao

The Maoist movement is on the ebb on the Andhra Pradesh-Odisha boundary, with its cadre and militia strength heavily depleted.

Who are the Maoists?

  • Maoism is a form of communism developed by Mao Zedong.
  • It is a doctrine to capture State power through a combination of armed insurgency, mass mobilization and strategic alliances.
  • The Maoists also use propaganda and disinformation against State institutions as other components of their insurgency doctrine.

Maoists and Maoism in India

  • The Communist Party of India (Maoist) is a Marxist–Leninist–Maoist banned communist political party and militant organization in India.
  • It aims to overthrow the “semi-colonial and semi-feudal Indian state” through people’s war.

Confused between Maoists and Naxalities?

  • Usually, people confuse themselves over Maoists and Naxalities and cannot exactly trace the difference between the two terminologies.
  • Media seems to be confused with the terms and uses Maoists and Naxalities quite inter-changeably.
  • This creates confusion in the readers’ minds over the actual meaning of individual terms.

The actual difference between the terms is as follows:

  • The difference between Maoists struggle and the Naxalite movement is that both trace their origin to the Naxalbari uprising of 1967.
  • But while the Naxalite movement thrives on the original spirit of Naxalbari; the Maoist struggle is an outcome of the 1967 uprising.
  • Maoists work with an agenda and use weapons to achieve their aims.
  • Naxalism focuses on mass organisations while the Maoism relies mainly on arms.

History and evolution

  • Russian Revolution: Naxalism in India, like any other leftist movement around the globe draws its ideological basis from the Russian revolution.
  • Overthrowing Tsarist Regime: Lenin successfully fought against the Czarist Rule through a combination of peasant movement and an armed struggle.
  • Marxian ideology of class struggle: The prime intent was to bestow power in the hands of the exploited and marginalized and enforce societal control over governance and nation building.
  • Neo-Marxism: After the success of the Lenin-led revolution in Russia, the intellectual class in many countries got inspired. Prominent amongst them were Fidel Castro and Mao Zedong.

Root cause of origin in India

  • Corporate exploitation: Since Eastern India is rich in natural resources including forests, minerals and mines, tribal face exploitation and harassment from government and corporate bodies targeting to extract those resources.
  • Tribal alienation: Tribal communities have been systematically alienated from their traditional rights over natural resources after independence.
  • Livelihood losses: Tribal livelihood is at stake due to depletion of natural resource base.
  • Forceful displacement: Forceful displacement from their homeland destroys their traditional governance system.
  • Absence of governance: In such exploited areas, the absence of governance becomes a self-fulfilling prophecy since the delivery systems are extinguished through killings and intimidation.
  • Foreign provocations: Many of LWE outfits are supported by external forces inimical to India and the Maoists consider such alliances as strategic assets.

Other factors:

  1. Oppression and HR violations by Security Forces e.g. AFSPA
  2. Violation of Constitutional Protections under PESA and FRA
  3. Prevalence of Acute Poverty

Impact of LWE

  • Romanticism without a cause: Some sections of the society, especially the younger generation, have romantic illusions about the Maoists, arising out of an incomplete understanding of their ideology of Class –Struggle.
  • Extreme violence: Their doctrine glorifies violence as the primary means to overwhelm the existing socio-economic and political structures.
  • Destruction of governance mechanism: LWEs aims at creating a vacuum at the grassroots level of the existing governance structures by killing lower-level government officials, police personnel of the local police stations and the people’s representatives of the PRIs.
  • Radicalization of youths: After creating a political and governance vacuum, they coerce the local population to join the movement.
  • Urban-Maoism: Many extremists have facilitated mass-mobilization in semi-urban and urban areas through ostensibly democratic means often led by well-educated intellectuals.

Outcomes of perpetrating LWE

The Leftist organizations skilfully use state structures and legal processes to further the Maoist agenda and weaken the enforcement regime through:

  1. Recruitment of ‘professional revolutionaries’
  2. Raising funds for the insurgency
  3. Creating urban shelters for underground cadres
  4. Providing legal assistance to arrested cadres and
  5. Mass- mobilization by agitating over issues of relevance/ convenience

Govt initiatives for LWE-affected areas

  • Aspirational Districts: The MHA has been tasked with the monitoring of the Aspirational districts programme in 35 LWE affected districts.
  • HRD measures: Building of schools under the Eklavya model.
  • Road Connectivity Project for LWE affected areas (RRP-II): This aims for improving road connectivity in LWE affected States. Under this, 9279 km of roads and 392 bridges are sanctioned.
  • Naxal Surrender Policy: It aims to wean away misguided youth and hardcore naxalites who have strayed into the fold of the naxal movement and cannot find a way back.
  • National Policy Action Plan: To address Left Wing Extremism approved in 2015, has development as one of the most important component.

SAMADHAN doctrine: It encompasses the entire strategy of government from short-term policy to long-term policy formulated at different levels. SAMADHAN stands for-

  • S- Smart Leadership
  • A- Aggressive Strategy
  • M- Motivation and Training
  • A- Actionable Intelligence
  • D- Dashboard Based KPIs (Key Performance Indicators) and KRAs (Key Result Areas)
  • H- Harnessing Technology
  • A- Action plan for each Theatre
  • N- No access to Financing

Way forward

  • Indian counterinsurgency has to work with a dual objective of defeating the insurgents militarily and fully quell the insurgent impulses.
  • This will need institutional overhauls.
  • States must do more to synergize their efforts by launching coordinated operations, thereby denying Maoists any space for manoeuvrability.
  • On parallel grounds, it is also important to segregate the population from the insurgents both operationally and ideologically.
  • The conflict over the distribution of resources can be mended with economic development.

 

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Russian Invasion of Ukraine: Global Implications

Kyrgyzstan-Tajikistan Conflict

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Batken Region

Mains level: Not Much

conflict

Nearly 100 people have been killed and scores injured in violent border clashes between Kyrgyzstan and Tajikistan over the last week.

What is the Kyrgyzstan-Tajikistan Conflict?

  • The clashes are replaying old pre- and post-Soviet era legacies.
  • The borders of the two republics were demarcated under Joseph Stalin’s leadership.
  • Historically, the Kyrgyz and Tajik populations enjoyed common rights over natural resources.
  • The issue of the delimitation of the border is a relic of the Soviet era.
  • While regular talks have tried to resolve the issue, one of the crucial points of disagreement remains over the map which should be used for demarcation purposes.
  • Almost half of its close to a 1000 km border is disputed.

Genesis of the dispute

  • The creation of the Soviet Union saw the large-scale redistribution of livestock to collective and state farms, which upset the existing status quo.
  • Unfortunately, there was only so much land to go around.
  • The Tajik territory of Batken saw their livestock increase, and with scarce grazing land, agreements were signed between the two populations over the utilisation of Kyrgyz territory by the Tajiks’ livestock.

What is happening now at the border?

  • The last few weeks have seen constant shelling, violent confrontations by local communities, and active engagement by security forces on either side.
  • The Batken region of Kyrgyzstan is seeing families being moved out and getting relocated.
  • According to Kyrgyzstan, close to 1,50,000 people out of the 5,50,000 odd population of the Batken region have either fled the area or have been relocated by the state.
  • The situation in Osh, Kyrgyzstan, is no different. The highly militarised borders also add to tensions.

Significance of Batken

  • The Batken region, bordering Tajikistan and Uzbekistan in the south of the country, is one of the seven regions of Kyrgyzstan with its natural underground and water resources, natural beauty, smooth transit routes and a population of around 500,000.
  • Located 750 kilometers (466.02 miles) from Bishkek, the capital of Kyrgyzstan, and in the southwest of the country, the Batken region is located on the edge of the famous Fergana Valley in Central Asia.
  • Fergana Valley includes Fergana, Namangan, Andijan in Uzbekistan, Hocand in Tajikistan, Osh, Jalalabad and Batken in Kyrgyzstan.
  • The Batken region borders the Republic of Uzbekistan in the northeast and the Republic of Tajikistan in the southwest and north.
  • Covering 8.5% of Kyrgyzstan’s land, the region has agricultural, underground, water and energy resources, as well as oil and natural gas resources, albeit small.

What led to the current flare-up?

  • The ideological basis of the current set of clashes is reinforced by developmental issues, thus providing a fertile ground for the entire geopolitical space to become a hotbed of multiple minor conflicts and clashes.
  • The groups from either side planted trees in disputed areas and engaged in a physical confrontation using agricultural equipment as weapons.

Why are the clashes occurring now?

  • The collapse of the Soviet Union and the subsequent dissolution of the then-existing water and land agreements saw the creation of multiple smaller independent farms.
  • This has led to a marked increase in water consumption patterns among the farmers.
  • Both countries share multiple water channels with undulating trajectories and flow, which upset equitable access to water on both sides.
  • As a result, small-scale conflicts occur practically every year during the crucial irrigation period.

What is the road ahead?

  • The path to resolution of the conflict will require groups to agree upon a common map.
  • Russia often brokers between the two.
  • The international community will have to make efforts to solve the dispute by involving elders in the communities, as historically, elders have been used to resolve conflicts.
  • The informal small-scale governance mechanisms would also have to be further strengthened through a concerted effort by the respective countries to stabilize the geopolitical dynamics.

 

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Telecom and Postal Sector – Spectrum Allocation, Call Drops, Predatory Pricing, etc

Draft Telecom Bill 2022

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Indian Telecommunication Bill, 2022

Mains level: Read the attached story

telecom

In a bid to do away with British-era laws governing the telecom sector, the Department of Telecommunications (DoT) issued the draft Indian Telecommunication Bill, 2022.

Indian Telecommunication Bill, 2022

  • The proposed Bill aims to bring in sweeping changes to how the telecom sector is governed, primarily by giving the Centre more powers in several areas to do so.
  • The draft Bill consolidates three separate acts that govern the telecommunications sector:
  1. Indian Telegraph Act 1885
  2. Indian Wireless Telegraphy Act 1933, and
  3. The Telegraph Wires, (Unlawful Protection) Act 1950

Why has the government issued a draft Telecommunication Bill?

  • Through the bill, the Centre aims to consolidate and amend the existing laws governing the provision, development, expansion and operation of telecom services, networks and infrastructure.

Key amendments introduced

  • Inclusion of messengers: One of the key changes is inclusion of new-age over-the-top communication services like WhatsApp, Signal and Telegram in the definition of telecommunication services.
  • Licensing of telecom services: As per the draft law, providers of telecom services will be covered under the licensing regime, and will be subjected to similar rules as other telecom operators.
  • Covering OTT services: This issue has been under contention for several years now with telecom service providers seeking a level-playing field with OTT apps over communication services such as voice calls, messages, etc. Operators had to incur high costs of licences and spectrum, while OTT players rode on their infrastructure to offer free services.

Other focus areas

  • The Centre is also looking to amend the Telecom Regulatory Authority of India Act (TRAI Act) to dilute the sectoral watchdog’s function of being a recommendatory body.
  • The current TRAI Act mandates the telecom department to seek the regulator’s views before issuing a new licence to a service provider.
  • The proposed Bill does away with this provision.
  • It has also removed the provision that empowered TRAI to request the government to furnish information or documents necessary to make this recommendation.
  • Additionally, the new Bill also proposes to remove the provision where if the DoT cannot accept TRAI’s recommendations or needs modification, it had to refer back the recommendation for reconsideration by TRAI.

Addressing the concerns of telecom industry

(1) Insolvency of Telecoms

  • The DoT has also proposed that if a telecom entity in possession of spectrum goes through bankruptcy or insolvency, the assigned spectrum will revert to the control of the Centre.
  • So far, in insolvency proceedings, there has been a lack of clarity on whether the spectrum owned by a defaulting operator belongs to the Centre, or whether banks can take control of it.

(2) Granting relief

  • The draft Bill also accords the Centre powers to defer, convert into equity, write off or grant relief to any licensee under extraordinary circumstances, including financial stress, consumer interest, and maintaining competition, among other things.

(3) Replacing USOF

  • It also proposes to replace the Universal Service Obligation Fund (USOF) with the Telecommunication Development Fund (TDF).
  • USOF is the pool of funds generated by the 5 per cent Universal Service Levy that is charged upon all telecom fund operators on their Adjusted Gross Revenue.
  • The USOF has largely been used to aid rural connectivity.
  • However, with the TDF, the objective is also to boost connectivity in underserved urban areas, R&D, skill development, etc.

Back2Basics: Universal Service Obligation Fund (USOF)

  • The Universal Service Obligation Fund (USOF) was formed by an Act of Parliament, was established in April 2002 under the Indian Telegraph (Amendment) Act 2003.
  • It aims to provide financial support for the provision of telecom services in commercially unviable rural and remote areas of the country.
  • It is an attached office of the Department of Telecom, and is headed by the administrator, who is appointed by the central government.

 

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Capital Markets: Challenges and Developments

New Account Settlement System for Stock Trading

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Account settlement, T+1

Mains level: NA

Beginning October 1, the new account settlement system for the stock broking industry will kick in under the new guidelines issued by the Securities and Exchange Board of India (SEBI).

What is Settlement of Accounts?

  • The SEBI mandates stockbrokers to settle i.e., transfer the available credit balance from trading account to bank account, at least once in a quarter (90 days) or 30 days.
  • The process of transferring the unutilised funds back into the bank account is called ‘Running Account Settlement’ or ‘Quarterly Settlement of Funds’.
  • The funds are transferred back to the primary bank account of the customer that is linked to the trading account.
  • As per the latest guidelines, the settlement will now be done on the first Friday of the quarter or the month depending upon the option selected by the customer.

What are SEBI’s new settlement guidelines?

  • On July 27, SEBI issued new guidelines on running accounts of client funds and securities lying with the broker.
  • As per the new guidelines, with effect from October 1, 2022, the settlement of running account of clients’ funds will be done by the trading members after considering the end of the day (EOD) obligation of funds.
  • In cases where the client has opted for a monthly settlement process, then the running account shall be settled on the first Friday of every month.

How will it impact investors and traders?

  • Changes in settlement brought in by SEBI over the last few years have had the aim of protecting the investor and preventing the misuse as money lying in trading accounts of investors for long periods.
  • SEBI’s move will give certainty to investors and trading members.
  • It will help brokers develop a system just like banks, which credit interest in the accounts of their customers at the end of the quarter.
  • Another advantage would be that if a customer has more than one demat account with different brokers, having one settlement date for the entire industry will make it easier for her to keep track of her funds.

Back2Basics: Securities and Exchange Board of India (SEBI)

  • The SEBI is the regulatory body for securities and commodity market in India under the jurisdiction of Ministry of Finance Government of India.
  • It was established on 12 April 1988 and given Statutory Powers on 30 January 1992 through the SEBI Act, 1992.

Jurisdiction of SEBI

  • SEBI has to be responsive to the needs of three groups, which constitute the market:
  1. Issuers of securities
  2. Investors
  3. Market intermediaries

SEBI has three powers rolled into one body: quasi-legislative, quasi-judicial and quasi-executive.

  • It drafts regulations in its legislative capacity, it conducts investigation and enforcement action in its executive function and it passes rulings and orders in its judicial capacity.
  • Though this makes it very powerful, there is an appeal process to create accountability.
  • There is a Securities Appellate Tribunal which is a three-member tribunal and is currently headed by Justice Tarun Agarwala, former Chief Justice of the Meghalaya High Court.
  • A second appeal lies directly to the Supreme Court.

 

Also read:

SEBI introduces T+1 Settlement System

 

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International Space Agencies – Missions and Discoveries

NASA’s DART mission prepares for an asteroid Dimorphos collision

Note4Students

From UPSC perspective, the following things are important :

Prelims level: DART Mission, Didymos, Dimorphos

Mains level: Not Much

dart

In the first-of-its kind NASA’s DART Mission is about to hit a small, harmless asteroid millions of miles away.

What is DART Mission?

  • The main aim of the mission is to test the newly developed technology that would allow a spacecraft to crash into an asteroid and change its course.
  • It is a suicide mission and the spacecraft will be completely destroyed.
  • The target of the spacecraft is a small moonlet called Dimorphos (Greek for “two forms”).
  • It is about 160-metre in diameter and the spacecraft is expected to collide when it is 11 million kilometres away from Earth.
  • Dimorphos orbits a larger asteroid named Didymos (Greek for “twin”) which has a diameter of 780 metres.

Why Dimorphos?

  • Didymos is a perfect system for the test mission because it is an eclipsing binary which means it has a moonlet that regularly orbits the asteroid.
  • It is observable when it passes in front of the main asteroid.
  • Earth-based telescopes can study this variation in brightness to understand how long it takes Dimorphos to orbit Didymos.

Collision course

  • At the time of impact, Didymos and Dimorphos will be relatively close to Earth – within 6.8 million miles (11 million kilometers).
  • The spacecraft will accelerate at about 24,140 kilometers per hour when it collides with Dimorphos.
  • It aims to crash into Dimorphos to change the asteroid’s motion in space.
  • This collision will be recorded by LICIACube, or Light Italian CubeSat for Imaging of Asteroids, a companion cube satellite provided by the Italian Space Agency.
  • Three minutes after impact, the CubeSat will fly by Dimorphos to capture images and video.

Why such mission?

  • Dimorphos was chosen for this mission because its size is relative to asteroids that could pose a threat to Earth.
  • The spacecraft is about 100 times smaller than Dimorphos, so it won’t obliterate the asteroid.
  • The fast impact will only change Dimorphos’ speed as it orbits Didymos by 1%, which doesn’t sound like a lot — but it will change the moon’s orbital period.

 

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Innovations in Sciences, IT, Computers, Robotics and Nanotechnology

Dvorak Technique of Weather Forecasting

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Dvorak Technique

Mains level: Weather forecasting

Recently, the American meteorologist Vernon Dvorak passed away at the age of 100 who pioneered the widely used Dvorak Technique.

Who was Vernon Dvorak?

  • Dvorak was an American meteorologist best credited for developing the Dvorak (read as Do-rak) technique in the early 1970s.
  • The technique helps forecast the tropical storm.
  • His technique has saved the lives of millions of people across the world and will continue to do so.

What is the Dvorak technique?

  • The Dvorak technique was first developed in 1969 and tested for observing storms in the northwest Pacific Ocean.
  • Forecasters used the available satellite images obtained from polar orbiting satellites to examine the features of the developing tropical storms (hurricanes, cyclones and typhoons).
  • During day time, images in the visible spectrum were used while at night, the ocean would be observed using infrared images.
  • It was a cloud pattern recognition technique based on a concept model of the development and decay of the tropical cyclone.

Why is technique still widely in use?

  • Unlike land, ocean observations in the 1970s were sparse.
  • Today, there continues to be an improved network of land-based meteorological observations, either in the form of taking manual observations, installing automatic weather stations or automatic rain gauges.
  • On the other hand, ocean observations still remain limited.
  • There are many vast regions across the four oceans that have not been fully examined with meteorological instruments.
  • Ocean observations are mostly taken by deploying buoys or dedicated ships, but the number of observations from the seas is still not sufficient across the world.
  • That is why meteorologists have had to depend more on satellite-based imageries, and combine it with the available ocean-data at the time of forecasting the intensity and wind speed of the tropical cyclones.

 

 

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Coal and Mining Sector

Fly ash generation and Disposal

Note4Students

From UPSC perspective, the following things are important :

Prelims level: composition of fly ash

Mains level: environmental pollution

fly ashContext

  • India depends heavily on coal for power generation. This creates the problem of fly-ash generation and its proper disposal, usage.
  • The National Green Tribunal (NGT) noted September 19, 2022 that there was an urgent need to augment the utilisation and disposal of fly ash in Chhattisgarh.

What is fly ash?

  • Fly ash is a by-product of coal combustion. It contains Aluminium Silicate, SiO2, CaO, oxides of iron, magnesium and toxic metals like lead, arsenic, cobalt, and copper.
  • It can travel to far places. India is growing to double its power generation in the next decade and with coal being the biggest source of fuel for power generation, the problem of fly ash is going to increase too.

fly ash Environmental Problems with fly ash

  • A large quantity of fly ash dumped into poorly designed and maintained ash ponds. About a billion tonnes of this toxic ash lie dumped in these ponds, polluting land, air, and water.
  • All the heavy metals found in fly ash—nickel, cadmium, arsenic, chromium, lead, etc—are toxic in nature. They leech into the surrounding soil and can enter food-chains.
  • Fly ash gets easily ingested through respiration, which causes many diseases such as asthma, neurological disorders.
  • Suspended fly ash in the air acts as a global warming agent and heats the earth’s surface.
  • Fly ash settles on leaves and crops and reduces crop productivity.
  • It pollutes the groundwater.
  • There is a reduction in recharging of groundwater due to fly ash filled mine voids.
  • Reduces visibility by creating dense fog in the winter season.

fly ashIssues with fly ash management

  • The government mandates that all coal power plants (CPPs) reach 100% utilization of fly ash.
  • Along with it, CPPs should give a certain amount of fly ash free of cost for MSMEs to manufacture bricks, tiles and rest of the fly ash should be sold to other industries.
  • CPPs will have to maintain fly ash ponds to reduce its suspension in air.
  • But all these steps for utilization areas are problematic as they do little to mitigate these risks.
  • The pricing of fly ash is increasingly becoming a contentious issue that is hampering its gainful utilization.
  • The current approaches to evaluating risks with fly ash disposal are very limited, and they may underestimate the true risks
  • In spite of initiatives taken by the government, several nongovernmental and research and development organizations for fly ash utilization, the level of fly ash utilization in the country is quite low at only 38% which is less than the global standards.
  • Hence, rather than being utilized, fly ash is being stored despite warnings from regulators.
  • Deposition in storage places has negative influences on water and soil because of their mineral composition as well as morphology and filtration properties.
  • Ash-handling units are the biggest consumers of water in CPPs. The government advocates the designed ash-to-water ratios as approximately 1:5 for fly ash, but the observed ratios have been around 1:20.
  • Certain states have discouraged the use of blended cement and fly ash bricks in public works.

fly ashThe above issues can be addressed by

  • Greater regulatory oversight and price control,
  • Revision of cement blending standards,
  • Research in improving fly ash quality,
  • Reducing the cost of transportation,
  • Provisions for overcoming information asymmetries,
  • Incentivising use in brick kilns for producing fly ash bricks,
  • Overall sensitization of key decision-makers on the matter.
  • Instead of dumping it on ash ponds, can be used for construction due to its reuse as pozzolan, and replacement of portland cement by hydraulic cement
  • Due to its grain size distribution, enhanced strength permeability, it can be used to construct embankments at road construction, concrete dams like GHATGHAR DAM
  • Strong penalties for those production units who do not use proper filtration devices
  • Moving to renewable energy production away from coal-based thermal production.

Conclusion

  • Utilization of Fly Ash is not only possible but also essential. In this context “Fly Ash Mission of Government of India” is a slow but steady start, the pace of which needs to be ramped up. An honest effort is required by the concerned stakeholders to improve the perceptions of fly ash-based cement or concrete; increase its use, particularly for government works; and impart scientific knowledge about fly ash, its uses, and possible impacts.

Mains question

Q. What is fly ash? Discuss the environmental challenges it poses. Suggest how to address the situation.

 

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Women empowerment issues – Jobs,Reservation and education

Domestic violence needs to stop for true women empowerment

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: women empowerment

domestic violenceContext

  • Due to prevalence of patriarchy women have been discriminated not only in India but in most parts of the world. According to The United Nations, one out of every three women experience domestic violence. The same UN report suggests that the most dangerous place for women is their home. Gender equality and women’s empowerment are essential for the development and well-being of families, communities and nations.

How UN women defines Violence against women and girls

  • Any act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women and girls, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.

Why Women are the victim?

  • Domestic violence is one of the most common forms of violence experienced by women globally.
  • Women are usually the victim of domestic violence that derives from unequal power relationships between men and women.

domestic violenceWhy there is recent spike in violence against women?

  • According to UN, Violence against women and girls is one of the world’s most prevalent human rights violations, taking place every day, many times over, in every corner of the world.
  • Conditions created by the pandemic – including lockdowns, reduced mobility, heightened isolation, stress and economic uncertainty have led to an alarming spike in domestic violence and have further exposed women and girls to other forms of violence, from child marriage to sexual harassment online.

What is Domestic violence?

  • Domestic violence is any pattern of behavior that is used to gain or maintain power and control over an intimate partner. It encompasses all physical, sexual, emotional, economic and psychological actions or threats of actions that influence another person.
  • Domestic violence can include the following.
    • Psychological violence: Psychological violence involves causing fear, threatening physical harm or forcing isolation from friends, family, school or work.
    • Economic violence: Making or attempting to make a person financially dependent by maintaining total control over financial resources.
  • Emotional violence: Undermining a person’s sense of self-worth through constant criticism; belittling one’s abilities; verbal abuse.
  • Physical violence: Use of Physical force or hurting or trying to hurt a partner .it also includes denying medical care.
  • Sexual violence: Forcing a partner to take part in a sex act when the partner does not consent

What is the current Status in India?

  • Nearly one-third of women in India have experienced physical or sexual violence
  • The most common type of spousal violence is physical violence (28%), followed by emotional violence and sexual violence
  • While domestic violence against women has declined from 31.2% to 29.3% in the country, 30% women between the age of 18 and 49 have experienced physical violence since the age of 15 years, while 6% have experienced sexual violence in their lifetime,.
  • Only 14% of women who have experienced physical or sexual violence by anyone have brought the issue up.
  • 32% of married women (18-49 years) have experienced physical, sexual, or emotional spousal violence.

Recent findings from National Family health Survey Report-5

  • Status: Domestic violence against women is highest in Karnataka at 48%, followed by Bihar, Telangana, Manipur and Tamil Nadu. Lakshawdeep has the least domestic violence at 2.1%.
  • Ruralurban difference: Physical violence is more common among women in rural areas (32%) as compared to their urban areas (24%).
  • Impact of schooling and education: 40% women with no schooling are subject to physical violence compared to 18% who completed their schooling.
  • Impact of employment and wealth: The experience of physical violence ranges between 39% among women in the lowest wealth quintile and 17% in the highest wealth quintile.

 Why women left behind as compared to men in India?

  • Patriarchal structure: Patriarchal structures and ideologies and the mindset lead to women subordination and gender inequalities
  • Low sex ratio: Sex ratios for women in India Is not good comparatively. It was even bad at the time of independence.
  • Life expectancy: Women’s life expectancy, health, nutritional levels are significantly lower than that of men.
  • Education: low investment on girl education, Girl children are kept out of schools, or made drop out of school at early age, girl is considered as burden on family in many societies.
  • Employment: even if they are educated they are not allowed to work by their families Discrimination at the workplaces, lower wages for the work of equal value.
  • Decision making: The have little say in the families, socio economic, legal and political rules and policy formulations. Very limited or no decision making power.
  • Political participation: The participation of women in political and social decision making power is abysmally low. Their number in parliament has never exceeded more than 10%.

What can be done for empowering women?

  • Recognition: Recognition of women as productive, vital agents of family and environment should be a precondition for addressing their social needs. We need to change the way they are perceived.
  • Treatment: They must not be only treated only as objects of welfare but needed to be treated as those who are contributing to the economy.
  • Health: To provide quality and affordable healthcare and must be easily accessible.
  • Education: Education of women is the most important component for women’s empowerment.
  • Safe and secure environment: providing safety and security is the precondition for empowerment and social justice.
  • Economic Independence: Helping women to stand on their legs, become independent and also to earn for their family is necessary to empowering women and to raise their hand in decision making process of family, society and nation

domestic violenceWoman as the foundation stone of every family, society and nation

  • India has an ancient woman worship tradition.
  • In India we see woman as a mother goddess. There are no of evidences to support this idea
  • For instance the Sanskrit text “Yatra naryastu pujyante ramante tatra Devata”which means where women are honored, there gods resides.
  • Which means there is a overall development if the women of the family is happy.

domestic violenceConclusion

  • Domestic violence against women is major obstacle on progress on achieving development targets. Without addressing it, anybody have little chance of meeting millennium development. Recognition of women as productive, vital agents of family and environment should be a precondition for addressing their social needs. Gender equality and women’s empowerment are essential for the development and well-being of families, communities and nations.

Mains Question

Q. Empowering women on every front is the pre-condition for the overall development of the nation. Discuss.

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Foreign Policy Watch: India-China

Why the India China Border situation is still risky?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: border security

india china borderContext

  • According to the consensus reached in the 16th round of India China Corps Commander Level Meeting, the Indian and Chinese troops in the area of Gogra-Hotsprings (PP-15) have begun to disengage in a coordinated and planned way. With disengagement at PP 15 India China border, forces of the two countries have disengaged at all friction points in the region which included the North and South banks of the Pangong Tso, PP 14, PP 15 and PP 17A.

India china borderWhy the India-China Border situation is still risky?

The tentative conciliatory steps between two nuclear-armed rivals are important; but they also carry risks, especially for India. The risks are as follows:

  • Uneasy peace: Despite the latest round of disengagement, the LAC remains deeply unsettled. Observers have pointed out that the buffer zones produced by the crisis inhibit India’s ability to patrol its own territory.
  • Un-resolve areas: India and China have tacitly agreed to postpone settlement at two other confrontation sites, particularly tactically valuable area known as Depsangand Charding Nala regions.
  • Persisting threat: The reinforcements that each side deployed since 2020 have not returned to garrison. Even if future rounds of talks continue “disengagement and de-escalation,” and reduce those forces, returning to the status quo ante is now impossible.
  • Border infrastructure: Both sides on India China border are racing towards building permanent military infrastructure near the border, to help them surge forces to the border. Unsurprisingly, China seems to have outpaced India in building these roads, helipads, and communications nodes.
  • Possibility of conflict: The increasing capabilities and mobility on both sides of the border means that a crisis can more quickly escalate to a large military stand-off anywhere on the LAC, and possibly even trigger a conflict

india china borderWhat are the Strategic implications?

  • Changing priorities: India has reassigned one of three originally Pakistan-facing Strike Corps to the China front. It has deployed its newest artillery, jets, and drones to the China border.
  • Unattended Indian Ocean: India has not yet improved its capabilities or posture in the Indian Ocean region significantly.
  • Diversion from real threat: With the border crisis, China seems to have successfully fixed India’s gaze to the land border, at the expense of that more consequential competition over the Indian Ocean.
  • Loss of grazing: Ladakh’s elected representatives said the disengagement has caused loss of huge grazing land as it would now be converted into no man’s land.

india china borderSteps taken by India

  • Increasing capability: from cruise missile-equipped fighter jets and U.S.-origin naval helicopters to a brand-new indigenously-built aircraft carrier.
  • Atmanirbhar Bharat: India undertook several structural economic reforms for strengthening domestic capability and reducing the economic parity between two nations. Defence ministry has decided to increase CAB (capital acquisition budget), around 64% of modernization fund around 70000 cr. has been allocated for purchasing from domestic market. Atma Nirbhar Bharat and Make in India mission will also include Defence sector, we can see the local or private companies can also participate in procurement of defence equipment
  • Defence India Start-up Challenge (DISC): Started by the defence ministry and over 1200 MSMEs participated in the fourth edition of the DISC in 2020. The government has prepared a negative list, it include light combat helicopters, artillery guns; these items will not be imported by anyone thus encouraging self-reliant India.
  • The SRIJAN portal: Launched to facilitate the two initiatives, Atmanirbhar Bharat and make in India
  • Sagarmala project: The sagarmala project has been started to revamp port Infrastructure which is a welcome step in modernization.

Conclusion

  • For china Deception is diplomacy. Time and again China tries a deception strategy from its Confucius doctrine to defeat its enemy. From 1962 to 2022 India has made a lot of progress in military and economic sphere but China is way ahead than us. Strategic competition between two Asian giants will continue foreseeable future. So as long as India doesn’t gain domestic capabilities it would be prudent step to undertake strategic balancing.

Mains Question

Q. India has decided to maintain a strategic balance with china rather than being subsidiary to china. Discuss.

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Judicial Reforms

Live Streaming of SC proceedings: the rationale and the concerns

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Live streaming of courts proceedings

From September 27 onward, all proceedings of Supreme Court Constitution Benches will be live-streamed, a full court meeting of the top court has decided.

Background of the move

  • History was made on August 26 (2022) when the proceedings from the Chief Justice’s Court in the Supreme Court (SC) were live streamed.
  • In the ‘Swapnil Tripathi’ judgment, in September 2018, the SC had cleared the deck for live streaming of cases of national and constitutional importance.

Immediate triggers for live streaming

  • They had agreed to hear a public interest litigation seeking live streaming of judicial proceedings on matters of constitutional and national importance.
  • Prime considerations cited are:
  1. De-congestion of courts and
  2. Improving physical access to courts for litigants who have to otherwise travel long distances

Recommended by A-G

  • The Supreme Court approved a set of guidelines suggested by the A-G, which included allowing transcripts and archiving the proceedings.
  • However, the A-G suggested that the court must retain the power to withhold broadcasting, and to also NOT permit it in cases involving:
  1. Matrimonial matters,
  2. Matters involving interests of juveniles or the protection and safety of the private life of the young offenders,
  3. Matters of National security,
  4. To ensure that victims, witnesses or defendants can depose truthfully and without any fear.
  5. To protect confidential or sensitive information, including all matters relating to sexual assault and rape,
  6. Matters where publicity would be antithetical to the administration of justice, and
  7. Cases which may provoke sentiments and arouse passion and provoke enmity among communities.

Live streaming in HCs

  • Following the SC’s decision, Gujarat High Court began live streaming its proceedings in July 2021.
  • Currently, the Jharkhand, Karnataka, Madhya Pradesh, Orissa, and Patna High Courts live stream their proceedings.
  • Allahabad High Court is learnt to be considering doing the same.

Global examples of live streaming

  • United States of America: While the US Supreme Court has rejected pleas for broadcast of its proceedings, it has since 1955 allowed audio recording and transcripts of oral arguments.
  • United Kingdom: In 2005, the law was amended to remove contempt of court charges for recording proceedings of the Supreme Court.

Why need live streaming of court?

  • Improved accountability: Live-streaming of court proceedings would serve as an instrument for greater accountability and formed part of the Code of Criminal Procedure, 1973.
  • Living up the expectation of Constitution: Live Streaming of Court proceedings is manifested in public interest. Public interest has always been preserved through the Constitution article 19 and 21
  • Empowering the masses: It will enable the legal system to deliver on its promise of empowering the masses.
  • More transparency: It will encourage the principle of open court and reduce dependence on second-hand views. It will effectuate the public’s right to know.
  • This would inspire confidence in the functioning of the judiciary as an institution and help maintain the respect that it deserved as a co-equal organ of the state.
  • Academic help: Live streaming may also be a help for academic purposes.

Concerns around live streaming

  • Contempt of court: Video clips of proceedings from Indian courts are already on YouTube and other social media platforms with sensational titles and little context, such as “HIGH COURT super angry on army officer”.
  • Disinformation and sensationalism: There are fears that irresponsible or motivated use of content could spread disinformation among the public.
  • Unnecessary activism: With the advent of social media, every citizen became a potential journalist. Study shows that justices behave like politicians when given free television time, they act to maximize their individual exposure.

Issues to judicial functioning

  • Decency of questions: During hearings judges may not ask questions or make comments that could be perceived as unpopular.
  • Triggers for oral observations: There is an increasing trend of oral observations of the court, which are not binding on parties replacing reasoned judgment and orders that are consequential.
  • Dignity of court may be compromised: Similarly, lawyers, aware of their new audience, may choose to grandstand and play to the gallery, especially in a case they expect to lose.

Way forward

  • Selective broadcast: The solution may lie in carefully determining how the live streaming proceeds.
  • Careful selection of cases: Not uploading archived stream on the SC website until it is legally/technologically possible to ensure that such videos cannot be spliced.
  • Understanding public perception and sentiments: Other similar measures that reflect an understanding of how the public consumes (dis)information will ensure that live streaming enriches constitutionalism across the country.

Conclusion

  • A hasty and wholesale introduction on the other hand is likely to land the SC right in the middle of the majoritarian and toxic information swamp that prevails in the country.

 

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Police Reforms – SC directives, NPC, other committees reports

Rules for Identifying Criminals now notified

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Read the attached story

On September 19, the Ministry of Home Affairs (MHA) notified the rules governing The Criminal Procedure (Identification) Act, 2022. The Act was passed in March by the Parliament.

Why in news?

Rules for Identifying Criminals now notified - Civilsdaily

  • Until rules are notified, an Act cannot be implemented or come into force.
  • The legislation would enable police and central investigating agencies to collect, store and analyse physical and biological samples including retina and iris scan of arrested persons.

What is the Criminal Procedure (Identification) Act, 2022?

Ans. It is about critical measurements of Criminals.

  • This act provides legal sanction to law enforcement agencies for taking measurements of convicts and other persons for the purposes of identification and investigation of criminal matters.
  • The Minister of Home Affairs has observed that with advancements in forensics, there was a need to recognise more kinds of “measurements” that can be used by law enforcement agencies for investigation.

What is the use of identification details in criminal trials?

  • Measurements and photographs for identification have three main purposes:
  1. To establish the identity of the culprit against the person being arrested
  2. To identify suspected repetition of similar offences by the same person and third
  3. To establish a previous conviction

What was the previous Identification of Prisoners Act, 1920 about?

  • Even though the police has powers of arrest, mere arrest does not give Police the right to search a person.
  • The police requires legal sanction to search the person and collect evidence.
  • These legal sanctions are designed so as to maintain a balance between the rights of an individual and the interests of society in prosecution and prevention of offences.
  • The Identification of Prisoners Act, 1920 became a necessity when the recording of newer forms of evidence such as fingerprints, footprints and measurements started becoming more accurate and reliable.

What was the need to replace this Act?

Ans. Changing nature of Crime

  • Over the years, the need to amend/update the Identification of Prisoners Act, 1920 has been voiced several times.
  • In 1980, the 87th Report of the Law Commission of India undertook a review of this legislation and recommended several amendments.
  • This was done in the backdrop of the State of UP vs. Ram Babu Misra case, where the Supreme Court had highlighted the need for amending this law.
  • The first set of recommendations laid out the need to amend the Act to expand the scope of measurements to include “palm impressions”, “specimen of signature or writing” and “specimen of voice”.
  • The second set of recommendations raised the need of allowing measurements to be taken for proceedings other than those under the Code of Criminal Procedure (CrPC).

What are the main highlights and differences in both the legislations?

  • Both provide legal sanction: Like the 1920 Law, the new Criminal Procedure (Identification) Act, 2022 provides for legal sanction to law enforcement agencies for the collection of measurements.
  • Creating usable database of evidences: The purpose is to create a useable database of these measurements.
  • Notifying designated state agencies: At the State level, each State is required to notify an appropriate agency to collect and preserve this database of measurements.
  • NCRB at centre stage: At the national level, the National Crime Records Bureau (NCRB) is the designated agency to manage, process, share and disseminate the records collected at the State level.

What are some of the concerns with the present legislation?

  • Striking a balance: The new legislation has raised some concerns related to the protection of fundamental rights.
  • Unresolved right to Privacy debate: The legislation comes in the backdrop of the right to privacy being recognised as a fundamental right.
  • Notion of physical privacy: A fundamental facet of the right to privacy is protection from the invasion of one’s physical privacy.
  • Justifying necessity: As per the Puttaswamy judgment, there is a need for the measure to be taken in pursuance of a legitimate aim of the state, be backed by the law and be “necessary and proportionate” to the aim being sought to be achieved.

(1) Various tests behind

  • In this case, while the first two tests are satisfied, as:
  1. prevention and investigation of crime” is a legitimate aim of the state
  2. measurements” are being taken under a valid legislation,
  • Satisfaction of the third test of “necessity and proportionality” has been challenged on multiple counts.

(2) A probable police state in making

  • Analysis and measurement of behavioural attributes have raised concerns that data processing may go beyond recording of core “measurements”.
  • That is some of these measurements could be processed for predictive policing.

(3) Includes petty offences

  • The current law allows for “measurements” to be taken if a person has been convicted/arrested for any offence, including petty offences.
  • The necessity of taking measurements of such persons for investigation of offences is unclear, and such discretion is likely to result in abuse of the law at lower levels.
  • This would definitely overburden the systems used for collection and storage of these measurements.

(4) Period of storage of data

  • Given that these records will be stored for 75 years from the time of collection, the law has been criticised as being disproportionate.

(5) Surveillance state

  • Such collection can also result in mass surveillance, with the database under this law being combined with other databases such as those of the Crime and Criminal Tracking Network and Systems (CCTNS).

(6) Promotes self-incrimination

  • Concerns are being raised that the present law violates the right against self-incrimination enshrined in Article 20(3) of the Constitution of India.
  • However, this argument is nebulous since the Supreme Court has already settled this point.
  • In the State of Bombay vs Kathi Kalu Oghad, the Supreme Court had conclusively held that “non-communicative” evidence i.e. evidence which does not convey information within the personal knowledge of the accused cannot be understood to be leading to self-incrimination.
  • Therefore, no challenge lies to the law on this ground.

Way forward

  • Extensive pre-legislative consultation is must for any sensitive law as such.
  • Privacy and data protection-related concerns must be addressed in the Rules formulated under the legislation and through model Prison Manuals that States can refer to.

 

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Prime Minister’s Office : Important Updates

Ratan Tata, KT Thomas appointed trustees of PM CARES

Note4Students

From UPSC perspective, the following things are important :

Prelims level: PM CARES

Mains level: Issues with PM CARES

The Union government has appointed veteran industrialist Ratan Tata, former Supreme Court judge K.T. Thomas, and former Lok Sabha Deputy Speaker Kariya Munda as trustees of the PM CARES Fund.

PM CARES Fund

  • The PM CARES Fund was created on 28 March 2020 following the COVID-19 pandemic in India.
  • The fund will be used for combat, containment and relief efforts against the coronavirus outbreak and similar pandemic like situations in the future.
  • The PM is the chairman of the trust. Members will include the defence, home and finance ministers.
  • The fund will also enable micro-donations. The minimum donation accepted is ₹10 (14¢ US).

Some intriguing facts about PM-CARES fund

  • PM CARES has been created not by law, not by notification, but by the mere creation of a webpage, and set up last year in March to raise funds for those affected by the COVID-19 pandemic.
  • The page lists its structure, functions and duties in an arbitrary manner.
  • The official appeals for funds are made under the national emblem.
  • The most significant lie of this sworn statement is that the Government has no control over the Fund.

The other funds

(1) National Disaster Response Fund (NDRF)

  • The statutorily constituted NDRF was established under the Disaster Management (DM) Act of 2005.
  • The NDRF is mandated to be accountable, and answerable under the RTI Act, being a public authority, and auditable by the Comptroller and Auditor General of India.

(2) Disaster Response Fund

  • The DM Act also provided for a Disaster Response Fund — state and district level funds (besides the national level).
  • It also collects and uses the donations at the local level, with mandatory transparency and audit provisions.

(3) Prime Minister’s National Relief Fund

  • There is the PMNRF operative since the days of Jawaharlal Nehru. It was established with public contributions to assist displaced persons from Pakistan.
  • The resources are now utilised primarily to render immediate relief to families of those killed in natural calamities and to the victims of the major accidents and riots.
  • However, it has the President of India and the Leader of Opposition also as trustees.

Issues over PM-CARES Fund

  • No defined purpose: It is deliberately ignored while a new, controversial, unanswerable, and ‘non-accountable vehicle is created; its character is not spelt out till today.
  • Non-accountable: The government seems to consider statutory provisions for enquiry and information seeking to be embarrassing obstacles.
  • Centralization of donations: It centralises the collection of donations and its utility, which is not only against the federal character but also practically inconvenient. The issue is seeming, the trusteeship of the fund.

Questions and gaps

  • Law/statute: The PM CARES Fund was neither created by the Constitution of India nor by any statute.
  • Authority: If that is the case, under what authority does it use the designation of the Prime Minister, designated symbols of the nation, the tricolour and the official (gov.in) website of the PMO, and grant tax concessions through an ordinance.
  • Collection and dispensation: The amount received by the Fund does not go to the Consolidated Fund of India. If it goes to the CFI, it could have been audited by the CAG.
  • Uncontrolled: The This Trust is neither intended to be or is in fact owned, controlled or substantially financed by any instrumentality of the any govt even being chaired by the PM.

Issue over tax benefits

  • Income tax: An ordinance was promulgated to amend Income Tax Act, 1961 and declare that the donations to the PM CARES Fund “would qualify for 80G benefits for 100% exemption”.
  • CSR Funds: It will also qualify to be counted as Corporate Social Responsibility (CSR) expenditure under the Companies Act, 2013.
  • Foreign donations: It has also got exemption under the FCRA [Foreign Contribution Regulation Act] and a separate account for receiving foreign donations has been opened.

What can be inferred from all these?

  • The Centre now considers it as another obstacle and has created a new trust with the Prime Minister and his Ministers only.
  • The manner in which the PM CARES Fund was set up — with its acronym created to publicise the point that the PM cares for people — shows a bypassing of the statutory obligations of a public authority.

Query and response: Again ironical

  • After initial denials, the Government has conceded it to be a public charitable trust, but still maintains that it is not a ‘public authority’.
  • The point is that the PMO operates the Fund, but says it cannot supply any information about the PM CARES Fund because it is not a public authority.

Severe interpretations: Is it an Office of Profit?

  • If the PM CARES Fund is unconnected with the Government, then the Fund could become an office of profit.

Conclusion

  • In order to uphold transparency, the PM CARES Fund should be declared as a Public Authority under the RTI Act, and all RTI queries answered truthfully.
  • The fund should be designated as a “public authority” under Section 2(h) of the RTI Act.

 

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Electronic System Design and Manufacturing Sector – M-SIPS, National Policy on Electronics, etc.

Government approves 50% incentive of project cost for setting up Semiconductor Units

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Programme for Development of Semiconductors and Display Manufacturing Ecosystem

Mains level: Read the attached story

The Union Cabinet has approved a uniform incentive of 50% of the project cost for setting up semiconductor, display and compound semiconductor fabrication units.

Why in news?

incentive

  • Maharashtra is witnessing a political firestorm.
  • The Vedanta Limited shifted its decision to set up a $20 billion Vedanta-Foxconn semiconductor manufacturing facility in neighbouring Gujarat, despite finalising its location near Pune (Mh).
  • Foxconn is a major chip supplier to Apple. It has suspended its operations in the Chinese tech hub of Shenzhen and is now shifting to India.
  • Bigger companies, such as Intel, TSMC, Samsung, etc., have announced such plans.

Spats between states over the location of critical industries display the grim picture of competitive bidding in India. This portrays India’s negative image as against ease of doing business.

About the Incentive Scheme

  • The scheme has been named the “Programme for Development of Semiconductors and Display Manufacturing Ecosystem.”
  • Previously, the three schemes had an incentive range of 30-50%.
  • While incentives for setting up semiconductor fabrication were based on the size of the chip, for display fabrication and compound semiconductor fabs, the incentives were largely 30% of the total cost of the project.
  • This scheme aims to project India’s position as global hub for electronics manufacturing with semiconductors as the foundational building block.

Why need such an incentive?

  • Huge Investments involved: Semiconductor Fabrication facility requires many expensive devices to function. Complex tools and equipment are required to test quality and move silicon from location to location within the ultra-clean confines of the plant.
  • Economy of scale:   In semiconductor fabrication, a high volume production is required to be maintain so as to meet the increasing demand of the marketplace, at the same time, a strong financial backing as Indian market is very much uncertain about financial fluctuations.
  • Requirement highly skilled labour:   Semiconductor fabrication is a multiple-step sequence of photolithographic and chemical processing steps during which electronic circuits are gradually created on a wafer made of pure semiconducting material. This actually requires high skills.
  • Scarcity of raw materials: From a value-chain perspective, it needs silicon, Germanium & Gallium arsenide and Silicon carbide which are not available in India and needs to be imported.
  • Uncertain Indian market: A semiconductor fabrication facility in India cannot independently rely on Indian customers for their entire sales structure. They have to maintain overseas customer base to balance inflections from Indian market due to market trends, government policies etc.
  • Disposal of hazardous waste: Many toxic materials are used in the fabrication process such as arsenic, antimony, and phosphorus. Hazardous impact on the environment by the industry may act as an impediment to India’s commitment to mitigate climate change.

Other supportive initiatives in India

  • India Semiconductor Mission (ISM): It was announced with the aim to attract large-scale investments for manufacturing facilities in the midst of a global chip crisis.
  • Make in India: This aims to transform India into a global hub for Electronic System Design and Manufacturing (ESDM).
  • PLI scheme: In December 2021 the Centre sanctioned ₹76,000 crore under the production-linked incentive (PLI) scheme to encourage the manufacturing of various semiconductor goods within India.
  • DLI scheme: It offers financial incentives, design infrastructure support across various stages of development and deployment of semiconductor design for Integrated Circuits (ICs), Chipsets, System on Chips (SoCs), Systems & IP Cores and semiconductor linked design.
  • Digital RISC-V (DIR-V) program: It intends to enable the production of microprocessors in India in the upcoming days achieving industry-grade silicon and design wins by December 2023.
  • India Semiconductor Mission (ISM): The vision is to build a vibrant semiconductor and display design and innovation ecosystem to enable India’s emergence as a global hub for electronics manufacturing and design

Way forward

  • Policy framework: As foundry setup is highly Capital intensive, it must be supported with a solid long term plan and financial backing. This backing is required from the entrepreneur & the government both.
  • Fiscal sustenance: In text of Indian Government as tax holiday, subsidy, zero duty, financial investment etc. will play an important role in promoting the Fab along with the semiconductor industry in India; this will put further pressure on already large Fiscal Deficit.
  • Support Infrastructure: World class, sustainable infrastructure, as required by a modern Fab be provided, with swift transportation, large quantity of pure water, uninterrupted electricity, communication, pollutant free environment etc.

 

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Urban Transformation – Smart Cities, AMRUT, etc.

What is the Dharavi Redevelopment Project?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Dharavi

Mains level: Slum rehabilitation

The Maharashtra government gave the go-ahead for fresh tenders in the Dharavi redevelopment project, almost two decades after it was first proposed.

About Dharavi

  • Dharavi, infamous as one of the world’s largest slums, is located in the heart of India’s financial capital – Mumbai.
  • A city within a city, it is one unending stretch of narrow dirty lanes, open sewers and cramped huts.
  • While the land (area of 535 acres) is owned by the government, the houses are maintained by individuals.
  • The Dharavi slum came into being in 1884. It was originally inhibited by fisherfolk when the area was still creeks, swamps.
  • It became attractive to migrant workers from South Mumbai and others when the swamp began to fill in due to natural and artificial causes.
  • The area grew as poor rural Indians migrated to urban Mumbai.
  • Today, an estimated 600,000 to 1 million people live crammed in Dharavi.

Economic significance of Dharavi

  • Dharavi stands near to India’s richest business district, the Bandra-Kurla Complex, where commercial office premiums are among the highest in the country.
  • The slum sprawl, spread over 2.8 sq.km. is home to an informal leather and pottery industry which employs over a lakh people.

What is the Dharavi Redevelopment Project all about?

  • The state had envisaged this sprawl be transformed into a cluster of high-rises with improved urban infrastructure.
  • It entailed resettling 68,000 people, including slum dwellers and those with commercial establishments.
  • The state was to provide 300-sqft houses for free to residents with proof that their slum structure was in existence before January 1, 2000.
  • The project was initially mooted in 2004, but never got off the ground due to various reasons.

When redevelopment was first proposed?

  • In 1999, the government first proposed to redevelop Dharavi.
  • Thereafter, the government of Maharashtra in the year 2003-04 decided to redevelop Dharavi as an integrated planned township.
  • An action plan for redevelopment was approved by issuing a government resolution.
  • It was decided to develop Dharavi by using land as a resource to cross-subsidie the cost of development through a sale component on the basis of the Slum Rehabilitation Scheme.
  • The government also decided to notify the whole of Dharavi as an undeveloped area and to appoint a Special Planning Authority for its development.
  • In 2011, the government cancelled all tenders and drew up a master plan.

 

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