Note4Students
From UPSC perspective, the following things are important :
Prelims level: Undemarcated Protected Forests
Mains level: Not Much
The Union Ministry of Environment, Forest and Climate Change has objected to the transfer of thousands of hectares of land without following due process by Chhattisgarh from its Forest to the Revenue Department for setting up industries and for building road, rail, and other infrastructure.
What is the news?
- The Union Environment Ministry has warned that the land in question is “undemarcated protected forests”, which cannot be used for non-forest purposes without clearance under the Forest Conservation (FC) Act, 1980.
‘Types of Forests’ in Law
- Broadly, state Forest Departments have jurisdiction over two types of forests notified under the Indian Forest (IF) Act, 1927:
- Reserve Forests (RF): where no rights are allowed unless specified and
- Protected Forests (PF): where no rights are barred unless specified
- Certain forests, such as village or nagarpalika forests, are managed by state Revenue Departments.
- The FC Act, 1980, applies to all kinds of forests, whether under the control of the Forest or the Revenue Department.
- It requires statutory clearance before forests can be used for any non-forest purpose such as industry, mining, or construction.
- In 1976, forests were included in List III (Concurrent List) under the Seventh Schedule of the Constitution.
Chhattisgarh case
- The recorded forest area in Chhattisgarh covers 44.21% of its geography.
- The state government says it is constrained by the limited availability of land, particularly in the tribal regions, for development works.
- Therefore, in May 2021, it sought a field survey to identify non-forest land — parcels smaller than 10 hectares with less than 200 trees per hectare.
Orange, a grey area
- It sought that the forests had been included by mistake in Orange Areas under the Forest Department.
- This year, it announced that over 300 sq km of “Orange” area in the Bastar region had been handed over to the Revenue Department.
- Under the zamindari system, villagers used local malguzari (livelihood concessions) forests for firewood, grazing, etc.
- When zamindari was abolished in 1951, malguzari forests came under the Revenue Department.
- In 1958, the government of undivided Madhya Pradesh notified all these areas as Protected Forest (PFs) under the Forest Department.
- Through the 1960s, ground surveys and demarcations of these PFs continued — either to form blocks of suitable patches to be declared as Reserve Forests, or to denotify and return to the Revenue Department.
- For this purpose, Madhya Pradesh amended the IF Act, 1927, in 1965 — when forests figured in the State List — to allow denotification of PFs.
- The areas yet to be surveyed — undemarcated PFs — were marked in orange on the map.
Policy jam
- Since 2003, a case has been pending in the Supreme Court on rationalising these orange areas that have remained a bone of contention between the two Departments.
- The transfer of PFs to the Revenue Department continued until 1976, when reports of illicit felling in Revenue areas prompted Madhya Pradesh to seek a fresh survey to shift quality forest patches.
- But before this survey could be undertaken, the new government that came to power in the state in 1978 switched the focus to settling encroachments.
- The FC Act came in 1980, and required central clearance for non-forest use of forest land.
- This led to a situation where the rights of lakhs of villagers, including those settled by the government through pattas, remained restricted.
After MP was split
- Carved out of Madhya Pradesh in 2000, Chhattisgarh inherited its share of ‘orange’ areas.
- Ranked second after Orissa in implementing the Forest Rights Act, 2006, the state has settled over 26,000 claims since 2019.
- The logical next step, say officials who declined to be quoted, was to find land for the economic development of the tribal belt.
- Chhattisgarh did not seek central clearance to transfer over 300 sq km to Revenue, they claim, because it did not have to.
New definition of forests
- In December 1996, the SC defined ‘forest’ after its dictionary meaning, irrespective of the status of the land it stands on.
- It also defined forestland as any land thus notified on any government record irrespective of what actually stands on that land.
- To meet this broad definition, Madhya Pradesh in 1997 framed a “practical yardstick” — an area no smaller than 10 hectares with at least 200 trees per hectare — to identify forests in Revenue areas for handing over to the Forest Department.
- These non-forest areas, they claim, are now being identified and returned to the Revenue.
Issues with such Un-forestation
- The nature of vegetation changes over time.
- After so many years, a visual survey cannot determine if a particular piece of land did not meet the definition of forest.
- Once brought under the Forest Department, whether mistakenly or otherwise, an area gets the status of forestland as per the 1996 SC order, and hence comes under the FC Act, 1980.
Options available for CG
- Chhattisgarh, thanks to the 1965 amendment to the IF Act, can still denotify PFs unilaterally.
- It may also vest management of any land with any department since the state owns all land within its boundaries.
- But if the stated purpose is non-forest use — building industries and infrastructure — the state will anyway require central clearance under the FC Act, 1980.
What lies ahead?
- Clearance for non-forest use of forestland under the FC Act requires giving back twice the area for compensatory afforestation (CA) from Revenue to Forest.
- That would defeat the very purpose of the state government’s action.
- However, conversion of Forest to Revenue land has been exempted from CA under exceptional circumstances in the past.
- For example, when enclaves were moved out of forests, the SC allowed those to be resettled at the edge of the forests, in the absence of suitable Revenue land, as revenue villages.
- It will be a stretch, though, for such considerations to apply to thousands of hectares meant for industries.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ozone, Ozone Hole
Mains level: Ozone recovery
The concentration of ozone-depleting substances in the atmosphere has reduced to reach a significant milestone this year.
What is Ozone and Ozone Layer?
- An ozone molecule consists of three oxygen atoms instead of the usual two (the oxygen we breathe, O2, makes up 21% of the atmosphere).
- It only exists in the atmosphere in trace quantities (less than 0.001%), but its effects are very important.
- Ozone molecules are created by the interaction of ultra-violet (UV) radiation from the Sun with O2 molecules.
- Because UV radiation is more intense at higher altitudes where the air is thinner, it is in the stratosphere where most of the ozone is produced, giving rise to what is called the ‘ozone layer’.
- The ozone layer, containing over 90% of all atmospheric ozone, extends between about 10 and 40km altitude, peaking at about 25km in Stratosphere.
Why need Ozone Layer?
- The ozone layer is very important for life on Earth because it has the property of absorbing the most damaging form of UV radiation, UV-B radiation which has a wavelength of between 280 and 315 nanometres.
- As UV radiation is absorbed by ozone in the stratosphere, it heats up the surrounding air to produce the stratospheric temperature inversion.
What is Ozone Hole?
- Each year for the past few decades during the Southern Hemisphere spring, chemical reactions involving chlorine and bromine cause ozone in the southern polar region to be destroyed rapidly and severely.
- The Dobson Unit (DU) is the unit of measure for total ozone.
- The chemicals involved ozone depletion are chlorofluorocarbons (CFCs for short), halons, and carbon tetrachloride.
- They are used for a wide range of applications, including refrigeration, air conditioning, foam packaging, and making aerosol spray cans.
- The ozone-depleted region is known as the “ozone hole”.
Tropical Ozone Hole
- According to the study, the ozone hole is located at altitudes of 10-25 km over the tropics.
- This hole is about seven times larger than Antarctica, the study suggested.
- It also appears across all seasons, unlike that of Antarctica, which is visible only in the spring.
- The hole has become significant since the 1980s. But it was not discovered until this study.
What caused an ozone hole in the tropics?
- Studies suggested another mechanism of ozone depletion: Cosmic rays.
- Chlorofluorocarbon’s (CFC) role in depleting the ozone layer is well-documented.
- The tropical stratosphere recorded a low temperature of 190-200 Kelvin (K).
- This can explain why the tropical ozone hole is constantly formed over the seasons.
Significance of the finding
- The tropical ozone hole, which makes up 50 percent of Earth’s surface, could cause a global concern due to the risks associated with it.
- It is likely to cause skin cancer, cataracts and other negative effects on the health and ecosystems in tropical regions.
Try this PYQ
Q.Consider the following statements:
Chlorofluorocarbons, known as ozone-depleting substances are used:
- In the production of plastic foams
- In the production of tubeless tyres
- In cleaning certain electronic components
- As pressurizing agents in aerosol cans
Which of the statements given above is/are correct?
(a) 1, 2 and 3 only
(b) 4 only
(c) 1, 3 and 4 only
(d) 1, 2, 3 and 4
Post your answers here
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Vishnugadh Project
Mains level: Not Much
An independent panel of the World Bank is considering a plea by residents of some village to investigate environmental damage from the under-construction Vishnugad Pipalkoti Hydro Electric Project (VPHEP).
Vishnugadh Project
- The 444-MW VPHEP is being built by the Tehri Hydropower Development Corporation (THDC), a partially State-owned enterprise.
- It is being constructed on Dhauliganga River in Chamoli District of Uttarakhand.
- The project is primarily funded by the World Bank and was sanctioned in 2011. It is proposed to be completed in June 2023.
- About 40% of the funds for the $792 million project (₹64,000 crore approx.) has already been disbursed.
Why in news now?
- Residents in their complaint have said muck dumping from the dam threatens the local Lakshmi Narayan Temple, which is deemed to be of historical and cultural importance.
- They also complained about the limited availability of water, saying that 70 of the 92 households received water only for two hours daily.
- Before the project construction, they had ready access to water.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Digital health id
Mains level: National digital health mission
Context
- The covid-19 pandemic has presented a watershed moment, bringing the world’s healthcare systems to a halt, forcing us to rethink existing healthcare delivery models and embrace the digital health transformation of the sector.
Definition of digital health care
- Digital health is a discipline that includes digital care programs, technologies with health, healthcare, living, and society to enhance the efficiency of healthcare delivery and to make medicine more personalized and precise.
Digital Health: A Backgrounder
- The National Health Policy 2017 had envisaged creation of a digital health technology eco-system aiming at developing an integrated health information system.
- A Digital Health ID was proposed to reduce the risk of preventable medical errors and significantly increase the quality of care.
- It recognised the need to establish a specialised ecosystem, called the National Digital Health Mission (NDHM).
The National Digital Health Mission
- The NDHM is a digital health ecosystem under which every Indian citizen will now have unique health IDs, digitized health records with identifiers for doctors and health facilities.
- The mission will significantly improve the efficiency, effectiveness, and transparency of health service delivery and will be a major step towards the achievement of the UN Sustainable Development Goal 3.8 of Universal Health Coverage, including financial risk protection.
Significance of digital health
- Prioritizing patients: Say, mortality from Covid-19 is significantly increased by comorbidities or the presence of other underlying conditions like hypertension or diabetes.With digital health records, doctors can prioritise patients based on their test results.
- Portability of health records: Portability of records fairly eases in a patient with the first hospital visit, or her/his most frequently visited hospital. If she/he wishes to change a healthcare provider for cost or quality reasons, she can access her health records without carrying pieces of paper prescriptions and test reports. People will able to access their lab reports, x-rays and prescriptions irrespective of where they were generated, and share them with doctors or family members — with consent.
- Easy facilitation: This initiative will allow patients to access healthcare facilities remotely through e-pharmacies, online appointments, teleconsultation, and other health benefits. Besides, as all the medical history of the patient is recorded in the Health ID card, it will help the doctor to understand the case better, and improved medication can be offered.
- Technology impetus in policymaking: Meanwhile, it is also not just individuals who could emerge beneficiaries of the scheme. With large swathes of data being made available, the government too can form policies based on geographical, demographical, and risk-factor based monitoring of health.
Critical point to remember
In the case of lung cancer, only 18.5 % of patients survive five or more years once diagnosed. These are threats that data-led technology will help address.
- Informed Consent:The citizen’s consent is vital for all access. A beneficiary’s consent is vital to ensure that information is released.
- Data leakages issue:Personalised data collected at multiple levels are a “sitting gold mine” for insurance companies, international researchers, and pharma companies.
- Digital divide:Other experts add that lack of access to technology, poverty, and lack of understanding of the language in a vast and diverse country like India are problems that need to be looked into.
- Data Migration:The data migration and inter-State transfer are still faced with multiple errors and shortcomings in addition to concerns of data security.
Other challenges
- Existing digitalization is yet incomplete:India has been unable to standardise the coverage and quality of the existing digital cards like One Nation One Ration card, PM-JAY card, Aadhaar card, etc., for accessibility of services and entitlements.
- Lack of healthcare facilities:The defence of data security by expressed informed consent doesn’t work in a country that is plagued by the acute shortage of healthcare professionals to inform the client fully.
- Lack of finance:With the minuscule spending of 1.3% of the GDP on the healthcare sector, India will be unable to ensure the quality and uniform access to healthcare that it hoped to bring about.
Conclusion
- With an enabling ecosystem, supported by effective policies for digital healthcare and increased innovation, the promise of digital solutions in healthcare is immense. It’s not long before precision healthcare becomes central to the health and well-being of every citizen.
Mains question
Q. The covid-19 pandemic has presented a watershed moment, bringing the world’s healthcare systems to a halt, forcing us to rethink existing healthcare delivery models. In this context discuss challenges and opportunities of digital health ecosystem in India.
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From UPSC perspective, the following things are important :
Prelims level: Office of Profit
Mains level: Read the attached story
Jharkhand CM’s chair remains uncertain as the Election Commission (EC) is understood to have conveyed its decision in an office-of-profit complaint against him to the Governor.
Why in news?
- Under Section 9A of the Representation of the People Act, 1951, the CM could face disqualification for entering into a government contract.
- The Constitution of India does not define the Office of Profit. It has only mentioned it under Article 102 (1) and Article 191 (1).
What is Office of Profit?
- MPs and MLAs, as members of the legislature, hold the government accountable for its work.
- The essence of disqualification is if legislators hold an ‘office of profit’ under the government, they might be susceptible to government influence, and may not discharge their constitutional mandate fairly.
- The intent is that there should be no conflict between the duties and interests of an elected member.
- Hence, the office of profit law simply seeks to enforce a basic feature of the Constitution- the principle of separation of power between the legislature and the executive.
What governs the term?
- At present, the Parliament (Prevention of Disqualification) Act, 1959, bars an MP, MLA or an MLC from holding any office of profit under the central or state government unless it is exempted.
- However, it does not clearly define what constitutes an office of profit.
- Legislators can face disqualification for holding such positions, which bring them financial or other benefits.
- Under the provisions of Article 102 (1) and Article 191 (1) of the Constitution, an MP or an MLA (or an MLC) is barred from holding any office of profit under the Central or State government.
An undefined term
- The officials of the law ministry are of the view that defining an office of profit could lead to the filing of a number of cases with the Election Commission and the courts.
- Also, once the definition is changed, one will also have to amend various provisions in the Constitution including Article 102 (1) (a) and Article 109 (1) (a) that deal with the office of profit.
- It will have an overarching effect on all the other sections of the Constitution.
Factors constituting an ‘office of profit’
- The 1959 law does not clearly define what constitutes an office of profit but the definition has evolved over the years with interpretations made in various court judgments.
- An office of profit has been interpreted to be a position that brings to the office-holder some financial gain, or advantage, or benefit. The amount of such profit is immaterial.
- In 1964, the Supreme Court ruled that the test for determining whether a person holds an office of profit is the test of appointment.
What is the ‘test of appointment’?
Several factors are considered in this determination including factors such as:
- whether the government is the appointing authority,
- whether the government has the power to terminate the appointment,
- whether the government determines the remuneration,
- what is the source of remuneration, and
- the power that comes with the position.
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From UPSC perspective, the following things are important :
Prelims level: Arth Ganga Model
Mains level: Not Much
The Director General of the National Mission for Clean Ganga, spoke about the Arth Ganga Model during his virtual keynote address to the Stockholm World Water Week 2022.
What is Arth Ganga Model?
- PM Modi first introduced the concept during the first National Ganga Council meeting in Kanpur in 2019.
- He urged for a shift from Namami Gange, the Union Government’s flagship project to clean the Ganga, to the model of Arth Ganga.
- The latter focuses on the sustainable development of the Ganga and its surrounding areas, by focusing on economic activities related to the river.
- At its core, the Arth Ganga model seeks to use economics to bridge people with the river.
- It strives to contribute at least 3% of the GDP from the Ganga Basin itself.
- The Arth Ganga project’s interventions are in accordance with India’s commitments towards the UN sustainable development goals.
Features
Under Arth Ganga, the government is working on six verticals.
- Zero Budget Natural Farming that includes chemical-free farming for 10 kms on either side of the river, generating “more income, per drop”, ‘Gobar Dhan’ for farmers,
- Monetization and Reuse of Sludge &Wastewater that envisages reuse of treated water for irrigation; industrial purposes and revenue generation for ULBs,
- Livelihood Opportunities Generation such as ‘Ghat Mein Haat’, promotion of local products, Ayurveda, medicinal plants, capacity building of volunteers like Ganga Praharis,
- Public Participation to ensure increased synergies between stakeholders,
- Cultural Heritage &Tourism that looks to introduce boat tourism through community jettis, promotion of yoga, adventure tourism etc. and Ganga Artis and
- Institutional Building by enhancing the local capacities for better decentralized water governance.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: sports bodies
Mains level: sport governance transparency
Context
- The judicial push for reforms in sport governance of various sporting bodies, football, hockey, table tennis and the Indian Olympic Association has understandably received mixed reactions.
Why in news?
- The national sports federation’s usual governance practices do not place either the sport or the athlete front and centre; that space is reserved for official egos, whims and political clout.
What is sport governance?
- Sport governance refers to the power a government has over institutions and allows their decisions to be made with due consideration to their influence, authority, and organizational structure.
- Physical activity is fundamental to human beings: The report states that having a fundamental right to literacy would mean identifying the intrinsic value of physical activity to human living.
- Part of elementary education: It would mean not seeing physical activity as an end in itself, and the establishment of physical activity/ physical education as a core component of the education curriculum.
- Supportive to other FRs: A fundamental right to physical literacy would actualise and enhance the enjoyment of other fundamental rights. It would go a long way in enhancing the opportunities and freedom to express oneself.
- Enhancing life quality: A physically literate individual would have a more fulfilling life of higher quality than one who is not. Physical literacy, as a building block, would go a long way in the promotion and realisation of the right to health and the right to education.
Issues with the Current Sports governance
- Lack of check and balance: The biggest concern regarding these bodies so far has been a complete lack of checks and balances.
- Excessive autonomy: In the pretext of autonomy, they have been allowed to function in any manner.
- Less people centric approach: The federations have generally fallen short of public expressions and have failed to carry out their jobs. It has been largely attributed to the way they are governed.
- Accountability: The current sports model faces accountability issues such as that of having unlimited discretionary powers and also there is no transparency in the decision-making.
Sport governance in India is administered by
- Ministry of Youth Affairs and Sports (MYAS)
- National Sports Federation (NSF)
- Indian Olympic Association (IOA)
- State Olympic Association (SOA)
- Sports Authority of India (SAI)
Positive Suggestions
- Legislation: There must be presence of powerful and defined sports legislation in India covering all the nuances of sports and giving no arbiter powers to any authority.
- Transparency-: To maintain transparency with expenditure and fund utilization, Information like a board of members, administrative officials, and remuneration information must be in public domain.
- Women Representation: It is very important to have sufficient women representation in sports as well as in the administrative bodies, and it is the responsibility of these admin bodies to ensure sufficient representation from women in the board too, to maintain the diversity within the board.
- Plans: There should be fix timelines disclosed which are to be adopted by sports bodies for the purpose of growth and development of sports in future, which is to be achieved in a given specific period of time. These kinds of timelines and plans would be motivational for players and bodies to. Goals to be targeted in future must be predecided, which can be well monitored and regulated by the authorities. Effective implementation would bring positive results in future.
- Committees: To set up specific committees for specific activities relating to sports activities, like for planning, financing, research and development purposes. These committees would look after the particular task, which would bring transparency in work and achieving the common objective.
- Rules and Regulations: like other fields, sports also have conflicts regarding disciplinary, administrative and management issues, to solve this issues governing bodies must set up a common judicial system (tribunal) to deal with sports-related conflicts.
Conclusion
- There is a close association of sports with national pride and the kind of influence it has on the psyche of the nation, a role for the State is urgent in sports reforms.
Mains question
Q. The national sports federation’s usual governance practices do not place either the sport or the athlete front and centre; that space is reserved for official egos what do you think on this ? Explain the term sport governance with some dynamic changes needed in it.
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From UPSC perspective, the following things are important :
Prelims level: Manusmriti
Mains level: Not Much
The Vice Chancellor of a renowned university recently criticized the Manusmriti, the ancient Sanskrit text, over its gender bias.
What is the news?
- The VC said that the Manusmriti has categorised all women as shudras, which is extraordinarily regressive.
What is Manusmriti?
- The Mānavadharmaśāstra, also known as Manusmriti or the Laws of Manu, is a Sanskrit text belonging to the Dharmaśāstra literary tradition of Hinduism.
- Composed sometime between the 2nd century BCE and 3rd century CE, the Manusmriti is written in sloka verses, containing two non-rhyming lines of 16 syllabus each.
- The text is attributed to the mythical figure of Manu, considered to be ancestor of the human race in Hinduism.
- There has been considerable debate between scholars on the authorship of the text.
- Many have argued that it was compiled by many Brahmin scholars over a period of time.
- However, Indologist Patrick Olivelle argues that Manusmṛiti’s “unique and symmetrical structure,” means that it was composed by a “single gifted individual,” or by a “strong chairman of a committee” with the aid of others.
What is the text about?
(A) Social aspects
- The Manusmriti is encyclopaedic in scope, covering subjects such as the social obligations and duties of the various castes and of individuals in different stages of life.
- It seeks to govern the suitable social and sexual relations of men and women of different castes, on taxes, the rules for kingship, on maintaining marital harmony and the procedures for settling everyday disputes.
- At its core, the Manusmriti discusses life in the world, how it is lived in reality, as well as how it ought to be.
(B) Political aspects
- They argue that the text is about dharma, which means duty, religion, law and practice.
- It also discusses aspects of the Arthashashtra, such as issues relating to statecraft and legal procedures.
- The aim of the text is to present a blueprint for a properly ordered society under the sovereignty of the king and the guidance of Brahmins.
- It was meant to be read by the priestly caste and Olivelle argues that it would likely have been part of the curriculum for young Brahmin scholars at colleges.
What is its significance?
- By the early centuries of the Common Era, Manu had become, and remained, the standard source of authority in the orthodox tradition for that centrepiece of Hinduism, varṇāśrama-dharma (social and religious duties tied to class and stage of life)”.
- Indologists argue that it was a very significant text for Brahmin scholars — it attracted 9 commentaries by other writers of the tradition, and was cited by other ancient Indian texts far more frequently than other dharmaśāstra.
How did colonists consider this text?
- European Orientalists considered the Manusmṛiti to be of great historical and religious significance as well. It was the first Sanskrit text to be translated into a European language, by the British philologist Sir William Jones in 1794.
- Subsequently, it was translated into French, German, Portuguese and Russian, before being included in Max Muller’s edited volume, Sacred Books of the East in 1886.
- For colonial officials in British India, the translation of the book served a practical purpose.
- In 1772, Governor-General Warren Hastings decided to implement laws of Hindus and Muslims that they believed to be “continued, unchanged from remotest antiquity.
- For Hindus, the dharmasastras were to play a crucial role, as they were seen by the British as ‘laws,’ whether or not it was even used that way in India.
Why is it controversial?
- The ancient text has 4 major divisions: 1) Creation of the world. 2) Sources of dharma. 3) The dharma of the four social classes. 4) Law of karma, rebirth, and final liberation.
- The third section is the longest and most important section.
- The text is deeply concerned with maintaining the hierarchy of the four-fold varna system and the rules that each caste has to follow.
- Then, the Brahmin is assumed to be the perfect representative of the human race.
- While Shudras, who are relegated to the bottom of the order, are given the sole duty of serving the ‘upper’ castes.
- Some verses also contain highly prejudicial sentiments against women on the basis of their birth.
- There are many verses in the text that are considered highly controversial.
Dr. Ambedkar and Manusmriti
- On December 25, 1927, Dr B R Ambedkar had famously burned the Manusmṛiti, which he saw as a source of gender and caste oppression.
- However, he widely acknowledged that Manusmriti is NOT a religious decree but a social doctrine, manipulated since centuries to normalize oppression of the population.
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From UPSC perspective, the following things are important :
Prelims level: National Action Plan on Forest Fires
Mains level: environment conservation
Context
- Forest fires are becoming more common and wildfires are destroying nearly twice as much tree cover globally as they did in 2001.
Why in news?
- Climate change is driving more intense and widespread forest fire by fuelling more extreme heat and deepening drought, which dries out forests.
- A wildfire, forest fire, bushfire, wildland fire or rural fire is an unplanned, uncontrolled and unpredictable fire in an area of combustible vegetation starting in rural and urban areas.
What causes forest fires?
- Human activities: Forest fires can be caused by a number of natural causes, but officials say many major fires in India are triggered mainly by human activities.
- Climate change: Emerging studies link climate change to rising instances of fires globally, especially the massive fires of the Amazon forests in Brazil and in Australia in the last two years. Fires of longer duration, increasing intensity, higher frequency and highly inflammable nature are all being linked to climate change.
- Season: In India, wildfires are most commonly reported during March and April, when the ground has large quantities of dry wood, logs, dead leaves, stumps, dry grass and weeds that can make forests easily go up in flames if there is a trigger.
- Natural reasons: Under natural circumstances, extreme heat and dryness, friction created by rubbing of branches with each other also have been known to initiate fire.
Key fact
7.4 million acres of forest are getting burnt annually now an area roughly the size of Belgium.
What factors make forest fires a concern?
- Carbon emission: They act as a sink, reservoir and source of carbon.
- Livelihood loss: In India, with 1.70 lakh villages in close proximity to forests (Census 2011), the livelihood of several crores of people is dependent on fuelwood, bamboo, fodder, and small timber.
- Destruction of animals’ habitat: Heat generated during the fire destroys animal habitats. Soil quality decreases with the alteration in their compositions.
- Soil degradation: Soil moisture and fertility, too, is affected. Thus forests can shrink in size. The trees that survive fire often remain stunted and growth is severely affected.
Measures to curb Forest fires
1) National Action Plan on wild fires
- The MoEFCC has prepared a National Action Plan on wild fire in 2018 after several rounds of consultation with all states and UTs.
- The objective of this plan is to minimize forest fires by informing, enabling and empowering forest fringe communities and incentivizing them to work in tandem with the State Forest Departments.
- The plan also intends to substantially reduce the vulnerability of forests across diverse forest ecosystems in the country against fire hazards, enhance capabilities of forest personnel and institutions in fighting fires and swift recovery subsequent to fire incidents.
2) Forest Fire Prevention and Management scheme
- The MoEFCC provides wildfire prevention and management measures under the Centrally Sponsored Forest Fire Prevention and Management (FPM) scheme.
- The FPM is the only centrally funded program specifically dedicated to assist the states in dealing with forest fires.
- The FPM replaced the Intensification of Forest Management Scheme (IFMS) in 2017. By revamping the IFMS, the FPM has increased the amount dedicated for forest fire work.
- Funds allocated under the FPM are according to the 90:10 ratio of central to state funding in the Northeast and Western Himalayan regions and 60:40 ratio for all other states.
- Nodal officers for forest fire prevention and control have been appointed in each state.
Way forward
- Awareness should be created among the villagers residing near the forests with respect to the long-term ill effects of forest fires.
- Measures to prevent wildfires have to be taken before summer season when fires are prevalent.
- Local people should be given skills to use online portals or mobile apps in order to monitor the forests for fires and inform forest authorities regarding the same.
Mains question
Q. Climate change is driving more intense and widespread forest fires by fueling more extreme heat and deepening drought. Why forest fires are cause of concern? Discuss our preparedness level for the same in the above context.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: mullaperiyar dam
Mains level: dam safety bill ,DRIP.
Context
- Integrated risk assessment of dam safety required to prevent human-made disasters: Experts
Why in news?
- The recent floods in the Mahanadi basin in Odisha have brought to the fore, the faulty management of dam safety, which were built to mitigate floods and not be the cause of them.
What is a dam?
- A dam is a barrier that stops the flow of water and results in the creation of a reservoir. Dams are mainly built in order to produce electricity by using water. This form of electricity is known as hydroelectricity.
- Reservoirs created by dams not only suppress floods but also provide water for activities such as irrigation, human consumption, industrial use, aquaculture, and navigability.
Key facts
India has 5,745 large dams according to the National Register of Large Dams, 2019, prepared by the Central Water Commission. Some 5,334 of them are operational and the remaining 411 are under construction.
- The Act comprehensively postulates for surveillance, inspection, operation and maintenance of dams to prevent disasters.
Features
- National Committee on Dam Safety (NCDS): It will be constituted and will be chaired by the chairperson, Central Water Commission. Its’ functions will include formulating policies and regulations regarding dam safety standards and prevention of dam failures, analyzing the causes of major dam failures, and suggesting changes in dam safety practices.
- National Dam Safety Authority (NDSA): It will be headed by an officer, not below the rank of an Additional Secretary, to be appointed by the central government. The main task of this authority includes implementing the policies formulated by the NCD, resolving issues between State Dam Safety Organisations (SDSOs), or between an SDSO and any dam owner in that state, specifying regulations for inspection and investigation of dams.
- State Dam Safety Organisation (SDSO): Its functions will be to keep perpetual surveillance, inspection, monitoring the operation and maintenance of dams, keeping a database of all dams, and recommending safety measures to owners of dams.
- Dam Safety Unit: The owners of the specified dams are required to provide a dam safety unit in each dam. This unit will inspect the dams before and after the monsoon session, and during and after any calamity or sign of distress.
- Emergency Action Plan: Dam owners will be required to prepare an emergency action plan, and carry out risk assessment studies for each dam at specified regular intervals.
- Certain offences: The act provides for two types of offences – obstructing a person in the discharge of his functions, and refusing to comply with directions issued under the proposed law.
Dam rehabilitation and improvement programme DRIP
- Government of India, with financial assistance from the World Bank initiated Dam Rehabilitation and Improvement Project (DRIP) in April 2012 with an objective to improve the safety and operational performance of selected existing dams along with dam safety institutional strengthening with system wide management approach. It was a State Sector Scheme with Central component.
Do you know?
Four dams — Mullaperiyar, Parambikulam, Thunakkadavu and Peruvaripallam — located in Kerala but owned, operated and maintained by the Tamil Nadu Government.
Conclusion
- The bill aims to help all States and Union Territories to adopt uniform dam safety procedures which will ensure safety of dams and safeguard benefits from such dams. In order to iron out the differences and issues in the bill, central government should take the state governments into consideration and hold talks with all the stakeholders. This will go a long way in ensuring the safety of dams in India, which ranks third in the world in terms of number of large dams.
Mains question
Q. India, which ranks third in the world in terms of number of large dams. Ageing dams poses several challenges for India. In this context discuss the importance of dam safety bill 2021.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: James Webb Space Telescope, Jupiter
Mains level: Not Much
The James Webb Space Telescope, NASA’s latest and most powerful telescope, has captured new images of our solar system’s largest planet, Jupiter, presenting it in a never before seen light.
What is so special about snapping Jupiter?
- The photographs have captured a new view of the planet, presenting in detail its massive storms, colourful auroras, faint rings and two small moons — Amalthea and Adrastea.
- While most of us are familiar with the yellow and reddish-brown gas giant.
- The JSWT’s Near-Infrared Camera, with its specialized infrared filters, has shown Jupiter encompassed in blue, green, white, yellow and orange hues.
- Jupiter’s famous Great Red Spot, a storm so big that it could swallow Earth, appeared bright white in the image, since it was reflecting a lot of sunlight.
- The brightness here indicates high altitude — so the Great Red Spot has high-altitude hazes, as does the equatorial region.
- The numerous bright white ‘spots’ and ‘streaks’ are likely very high-altitude cloud tops of condensed convective storms.
About James Webb Space Telescope
- JWST is a space telescope jointly developed by NASA, the European Space Agency (ESA), and the Canadian Space Agency (CSA).
- It is planned to succeed the Hubble Space Telescope as NASA’s flagship astrophysics mission.
- It will conduct a broad range of investigations across the fields of astronomy and cosmology, including:
- Observing some of the most distant events and objects in the universe such as the formation of the first galaxies
- Detailed atmospheric characterization of potentially habitable exoplanets
How is it different from other telescopes?
- JWST is much more powerful and has the ability to look in the infrared spectrum, which will allow it to peer through much deeper into the universe, and see through obstructions such as gas clouds.
- As electromagnetic waves travel for long distances, they lose energy, resulting in an increase in their wavelength.
- An ultraviolet wave, for example, can slowly move into the visible light spectrum and the infrared spectrum, and further weaken to microwaves or radio waves, as it loses energy.
- Hubble was designed to look mainly into the ultraviolet and visible regions of the electromagnetic spectrum.
- JWST is primarily an infrared telescope, the first of its kind.
Special features of JWST
(1) Time machine in space
- Powerful space telescopes, like JWST or the Hubble Telescope, are often called time machines because of their ability to view very faraway objects.
- The light coming from those objects, stars or galaxies, which is captured by these telescopes, began its journey millions of years earlier.
- Essentially, what these telescopes see are images of these stars or galaxies as they were millions of years ago.
- The more distant the planet or star, the farther back in time are the telescopes able to see.
(2) Farthest from Earth
- JWST will also be positioned much deeper into space, about a million miles from Earth, at a spot known as L2.
- It is one of the five points, known as Lagrange’s points, in any revolving two-body system like Earth and Sun, where the gravitational forces of the two large bodies cancel each other out.
- Objects placed at these positions are relatively stable and require minimal external energy to keep them there. L2 is a position directly behind Earth in the line joining the Sun and the Earth.
- It would be shielded from the Sun by the Earth as it goes around the Sun, in sync with the Earth.
(3) Engineering marvel
- JWST has one large mirror, with a diameter of 21 feet (the height of a typical two-storey building), that will capture the infra-red light coming in from the deep universe while facing away from the Sun.
- It will be shielded by a five-layer, tennis court-sized, kite-shaped sunscreen that is designed to block the heat from Sun and ensure the extremely cool temperatures that the instruments are built to operate at.
- Temperatures on the sun-facing side can get as high as 110°C, while the other side would be maintained at –200° to –230°C.
- The extremely cold temperatures are needed to detect the extremely faint heat signals from distant galaxies.
- The mirror as well as the sunscreen is so large they could not have fit into any rocket. They have been built as foldable items and would be unravelled in space.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Automatic Number Plate Reader (ANPR)
Mains level: Toll collection models in India
In light of congestion at toll plazas, the Road Transport and Highways Ministry is now moving ahead with a plan to replace toll plazas with cameras that could read number plates, also known as Automatic Number Plate Reader (ANPR) cameras.
ANPR cameras
- The plan is to remove toll plazas on national highways and instead rely on ANPR cameras, which will read vehicle number plates and automatically deduct toll from the linked bank accounts of vehicle owners.
- The model is simple: Entry and exit of toll roads will have cameras capable of reading number plates, and toll will be deducted based on these cameras.
Can all number plates be read by the cameras?
- Not all number plates in India can be read, and only those that have come after 2019 will be registered by the cameras.
- The government, in 2019, had come up with a rule mandating passenger vehicles to have company-fitted number plates, and only these number plates can be read by cameras.
- The government plans to come up with a scheme to replace older number plates.
- A pilot of this scheme is underway and legal amendments to facilitate this transition are also being moved to penalise vehicle owners who skip toll plazas and do not pay.
Current model for toll collection: FASTags
- Currently, about 97 per cent of the total toll collection of nearly Rs 40,000 crore happens though FASTags — the remaining 3 per cent pay higher than normal toll rates for not using FASTags.
- With FASTags, it takes about 47 seconds per vehicle to cross a toll plaza.
- There’s a marked throughput enhancement – more than 260 vehicles can be processed per hour via electronic toll collection lane as compared to 112 vehicles per hour via manual toll collection lane, according to government data.
- While FASTags have eased traffic at toll plazas across the country, congestion is still reported as there are toll gates that need to be crossed after authentication.
Why such move?
- Congestion at toll plazas on national highways continues to impact commuters despite 97 per cent of tolling happening through FASTags.
- Apart from ANPR helping to ease congestion, the government is also looking at GPS technology as one of the options for toll collection.
Are there issues with ANPR?
- The success of ANPR cameras will depend on creating an ecosystem that is in sync with the requirements of the camera.
- The biggest problem being faced during the trials is when things are written on number plates, beyond the nine digit registration number, such as ‘Govt of India/Delhi’ etc.
- Another problem that ANPR cameras face is in reading number plates on trucks, as most of the time they are hidden or soiled etc.
- A pilot on a key expressway has found that about 10 per cent of vehicles with such number plates are being missed by the ANPR cameras.
Back2Basics: What is ‘FASTag’?
- As per Central Motor Vehicles Rules, 1989, since 1st December 2017, the FASTag had been made mandatory for all registered new four-wheelers and is being supplied by the Vehicle Manufacturer or their dealers.
- It has been mandated that the renewal of fitness certificate will be done only after the fitment of FASTag.
- For National Permit Vehicles, the fitment of FASTag was mandated since 1st October 2019.
- FASTags are stickers that are affixed to the windscreen of vehicles and use Radio Frequency Identification (RFID) technology to enable digital, contactless payment of tolls without having to stop at toll gates.
- The tags are linked to bank accounts and other payment methods.
- As a car crosses a toll plaza, the amount is automatically deducted, and a notification is sent to the registered mobile phone number.
How does it work?
- The device employs Radio Frequency Identification (RFID) technology for payments directly from the prepaid or savings account linked to it.
- It is affixed on the windscreen, so the vehicle can drive through plazas without stopping.
- RFID technology is similar to that used in transport access-control systems, like Metro smart card.
- If the tag is linked to a prepaid account like a wallet or a debit/credit card, then owners need to recharge/top up the tag.
- If it is linked to a savings account, then money will get deducted automatically after the balance goes below a pre-defined threshold.
- Once a vehicle crosses the toll, the owner will get an SMS alert on the deduction. In that, it is like a prepaid e-wallet.
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From UPSC perspective, the following things are important :
Prelims level: Floor Test
Mains level: Not Much
Bihar Chief Minister has won the floor test in the Assembly.
What is a floor test?
- A floor test is a measure to check whether the executive is enjoying the confidence of the legislature.
- It is a constitutional mechanism under which a Chief Minister appointed by the Governor can be asked to prove majority on the floor of the Legislative Assembly of the state.
How is it conducted?
- As per the Constitution, the Chief Minister is appointed by the Governor of the state.
- When a single party secures the majority of the seats in the house, the Governor appoints the leader of the party as the Chief Minister.
- In case the majority is questioned, the leader of the party which claims majority has to move a vote of confidence and prove majority among those present and voting.
- The Chief Minister has to resign if they fail to prove their majority in the house.
- This happens both in the parliament and the state legislative assemblies.
- In situations when there are differences within a coalition government, the Governor can ask the Chief Minister to prove majority in the house.
Can a floor test be postponed?
- The Supreme Court recently had given some respite to some rebel leaders in Maharashtra to respond to the disqualification notice issued by the Speaker.
- Citing this as the reason, the original party leaders and loyalists have stated that it is ‘unlawful’ to initiate a floor test when the disqualification decision of the rebel leaders is pending.
- However, the previous judgments of the Supreme Court had ruled that the floor test needs not to be deferred even if the decision to disqualify the members is pending.
- In the 2020 Shivraj Singh Chouhan v/s Speaker case, the court had clarified the same.
- Additionally, the top court had allowed the rebel leaders to skip the floor test during the political crisis in Karnataka in 2019.
What is composite floor test?
- There is another test, Composite Floor Test, which is conducted only when more than one person stakes claim to form the government.
- When the majority is not clear, the governor might call for a special session to see who has the majority.
- The majority is counted based on those present and voting. This can also be done through a voice vote where the member can respond orally or through division voting.
- Some legislators may be absent or choose not to vote.
- In division vote, voting can be done through electronic gadgets, ballots or slips.
- The person who has the majority will form the government. In case of tie, the speaker can also cast his vote.
Governors’ discretion
- When no party gets a clear majority, the governor can use his discretion in the selection of chief ministerial candidate to prove the majority as soon as possible.
Issues with the floor test
- Sometimes ruling party MLAs are lured with rewards, political or otherwise.
- Thus, the “floor test” becomes constitutionally immoral and unjust.
- This will amount to circumventing the Tenth Schedule through engineered defections through the judicial process.
Back2Basics: No Confidence Motion
- The process is explained under rule 198 of the Lok Sabha.
- Though there is no mention of the term ‘No confidence motion’ or ‘floor test’ in the Constitution, Articles 75 and 164 do mention that the executive both at the Centre and state is collectively responsible to their respective legislatures.
- Any member from the Opposition can move the no-confidence motion against the ruling government.
- The motion has to receive the backing of at least 50 members before it is accepted and subsequently.
- A date for the discussion of the motion is announced by the Speaker, which has to be within 10 days from the date of acceptance.
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From UPSC perspective, the following things are important :
Prelims level: Competition Amendment Bill 2022
Mains level: Read the attached story
The long-awaited Bill to amend the Competition Act, 2002, was finally tabled in the Lok Sabha recently.
What is the Indian Competition Act?
- The Indian Competition Act was passed in 2002, but it came into effect only seven years later.
- The Competition Commission primarily pursues three issues of anti-competitive practices in the market: anti-competitive agreements, abuse of dominance and combinations.
- As the dynamics of the market changes rapidly due to technological advancements, AI, and the increasing importance of factors other than price, amendments became necessary to sustain and promote market competition.
- Therefore, a review committee was established in 2019 which proposed several major amendments.
Competition (Amendment) Bill, 2022: Key features
(1) Regulation of combinations based on transaction value
- The Act prohibits any person or enterprise from entering into a combination which may cause an appreciable adverse effect on competition.
- Combinations imply mergers, acquisitions, or amalgamation of enterprises.
- The prohibition applies to transactions where parties involved have: (i) cumulative assets of more than Rs 1,000 crore, or (ii) cumulative turnover of more than Rs 3,000 crore, subject to certain other conditions.
- The Bill expands the definition of combinations to include transactions with a value above Rs 2,000 crore.
(2) Definition of control for classification of combination:
- For classification of combinations, the Act defines control as control over the affairs or management by one or more enterprises over another enterprise or group.
- The Bill modifies the definition of control as the ability to exercise material influence over the management, affairs, or strategic commercial decisions.
(3) Time limit for approval of combinations
- The Act specifies that any combination shall not come into effect until the CCI has passed an order or 210 days have passed from the day when an application for approval was filed, whichever is earlier.
- The Bill reduces the time limit in the latter case to 150 days.
(4) Anti-competitive agreements
- Under the Act, anti-competitive agreements include any agreement related to production, supply, storage, or control of goods or services, which can cause an appreciable adverse effect on competition in India.
- Any agreement between enterprises or persons, engaged in identical or similar businesses, will have such adverse effect on competition if it meets certain criteria.
- These include: (i) directly or indirectly determining purchase or sale prices, (ii) controlling production, supply, markets, or provision of services, or (iii) directly or indirectly leading to collusive bidding.
- The Bill adds that enterprises or persons not engaged in identical or similar businesses shall be presumed to be part of such agreements, if they actively participate in the furtherance of such agreements.
(5) Settlement and Commitment in anti-competitive proceedings
- Under the Act, CCI may initiate proceedings against enterprises on grounds of: (i) entering into anti-competitive agreements, or (ii) abuse of dominant position.
- Abuse of dominant position includes: (i) discriminatory conditions in the purchase or sale of goods or services, (ii) restricting production of goods or services, or (iii) indulging in practices leading to the denial of market access.
- The Bill permits CCI to close inquiry proceedings if the enterprise offers: (i) settlement (may involve payment), or (ii) commitments (may be structural or behavioral in nature).
- The manner and implementation of settlement and commitment may be specified by CCI through regulations.
(6) Relevant product market
- The Act defines relevant product market as products and services which are considered substitutable by the consumer.
- The Bill widens this to include the production or supply of products and services considered substitutable by the suppliers.
(7) Decriminalization of certain offences
- The Bill changes the nature of punishment for certain offences from imposition of fine to penalty.
- These offences include failure to comply with orders of CCI and directions of Director General with regard to anti-competitive agreements and abuse of dominant position.
Most notable amendment on: Merger and acquisition
- Any acquisition, merger or amalgamation may constitute a combination.
- Section 5 currently says parties indulging in merger, acquisition, or amalgamation need to notify the Commission of the combination only on the basis of ‘asset’ or ‘turnover’.
- The new Bill proposes to add a ‘deal value’ threshold.
- It will be mandatory to notify the Competition Commission of any transaction with a deal value in excess of ₹2,000 crore and if either of the parties has ‘substantial business operations in India’.
Key note on gun-jumping
- Parties should not go ahead with a combination prior to its approval.
- If the combining parties close a notified transaction before the approval, or have consummated a reportable transaction without bringing it to the Commission’s knowledge, it is seen as gun-jumping.
- The penalty for gun-jumping was a total of 1% of the asset or turnover.
- This is now proposed to be 1% of the deal value.
What next?
- By implementing these amendments, the Competition Commission should be better equipped to handle certain aspects of the new-age market and transform its functioning to be more robust.
- The proposed amendments are undoubtedly needed; however, these are heavily dependent on regulations that will be notified by the Commission later.
- These regulations will influence the proposals.
- Also, the government needs to recognize that market dynamics change constantly, so it is necessary to update laws regularly.
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From UPSC perspective, the following things are important :
Prelims level: Yakshagana
Mains level: Not Much
This newscard is an excerpt of the original article published in TH.
What is Yakshagana?
- Yakshagana is a traditional theater, developed in Dakshina Kannada, Udupi, Uttara Kannada, Shimoga and western parts of Chikmagalur districts, in the state of Karnataka and in Kasaragod district in Kerala.
- It emerged in the Vijayanagara Empire and was performed by Jakkula Varu.
- It combines dance, music, dialogue, costume, make-up, and stage techniques with a unique style and form.
- Towards the south from Dakshina Kannada to Kasaragod of Tulu Nadu region, the form of Yakshagana is called as ‘Thenku thittu’ and towards north from Udupi up to Uttara Kannada it’s called as ‘Badaga Thittu‘.
- It is sometimes simply called “Aata” or āṭa (meaning “the play”). Yakshagana is traditionally presented from dusk to dawn.
- Its stories are drawn from Ramayana, Mahabharata, Bhagavata and other epics from both Hindu and Jain and other ancient Indic traditions.
Try this question from CSP 2017:
Q.With reference to Manipuri Sankirtana, consider the following statements:
- It is a song and dance performance.
- Cymbals are the only musical instruments used in the performance.
- It is performed to narrate the life and deeds of Lord Krishna.
Which of the statements given above is/are correct?
(a) 1, 2 and 3.
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1 only
Post your answers here.
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From UPSC perspective, the following things are important :
Prelims level: Benami Properties
Mains level: Read the attached story
The Supreme Court has declared as “unconstitutional and manifestly arbitrary” the amendments introduced to the Benami Property Transactions Act, 1988 in 2016, which apply retrospectively and can send a person to prison for three years even as it empowers the Centre to confiscate “any property” subject to a benami transaction.
What is Benami Property?
- Benami in Hindi means without name. So, a property bought by an individual not under his or her name is benami property.
- It can include property held in the name of spouse or child for which the amount is paid out of known sources of income.
- A joint property with brother, sister or other relatives for which the amount is paid out of known sources of income also falls under benami property.
- The transaction involved in the same is called benami transaction.
- The benami transactions include buying assets of any kind — movable, immovable, tangible, intangible, any right or interest, or legal documents.
Why do people indulge in such transactions?
- As a usual practice, to evade taxation, people invest their black money in buying benami property.
- The real owner of these properties are hard to trace due to fake names and identities.
What is the Benami Law?
- The first act against benami properties was passed in 1988 as the Prohibition of Benami Property Transactions Act, 1988.
- To block all loopholes, the government in July 2016 decided to amend the original act.
- So after further amendment, Benami Transactions (Prohibition) Amendment Act, 2016 came into force on November 1, 2016.
- The PBPT Act defines benami transactions, prohibits them and further provides that violation of the PBPT Act is punishable with imprisonment and fine.
- The PBPT Act prohibits recovery of the property held benami from benamidar by the real owner.
- Such, properties are liable for confiscation by the Government without payment of compensation.
What amendment is this article talking about?
- The 2016 law amended the original Benami Act of 1988, expanding it to 72 Sections from a mere nine.
- Sections 3(2) and 5 were introduced through the Benami Transactions (Prohibition) Amendment Act, 2016.
- A Bench, led by CJI N.V. Ramana, declared Sections 3(2) and 5 introduced through this amendment as unconstitutional.
Which sections did the Supreme Court declare unconstitutional?
(b) Section 3(2)
- A/c to this, a person can be sent behind bars for a benami transaction entered into 28 years before the Section even came into existence.
- CJI Ramana held that the provision violated Article 20(1) of the Constitution.
- Article 20(1) mandates that no person should be convicted of an offence, which was not in force “at the time of the commission of the act charged as an offence”.
(b) Section 5
- It said that “any benami property shall be liable to be confiscated by the Central Government”.
- The court held that this confiscation provision cannot be applied retrospectively.
- The CJI dismissed the government’s version that forfeiture, acquisition and confiscation of property under the 2016 Act was not in the nature of prosecution and cannot be restricted under Article 20.
What else did the apex court observe?
- The court observed that the 2016 Act condemned not only transactions that were traditionally denominated as benami but also a “new class of fictitious and sham transactions”.
- The court said the intention of Parliament was to condemn property acquired from ill-gotten wealth.
- These proceedings cannot be equated as enforcing civil obligations, the CJI noted.
Why curb benami transactions?
- Inflationary implications: Rather than hoarding the black money in cash, the tax evader invest their accumulated illegal money in buying benami properties.
- Loss of economic activity: The whole process affects the revenue generation of government hampering growth and development of the state.
- Tax evasion: Since the percentage of tax payer in the country is a dismal low, the government fails to successfully implement its policies and schemes due to lack of resources.
- Money laundering: Benami transactions also serves the illicit purpose of money laundering.
Conclusion
- A tough law against benami properties is the need of the hour to check corruption.
- However, due process of law needs to be followed in true letter and spirit.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: India-Iran Ties
Mains level: Read the attached story
After months of what appeared to be a go-slow, the Union government has pushed up its interest in using Iran’s Chabahar port to connect to Afghanistan and Central Asia for trade, with the visit of the Union Minister of Ports, Shipping & Waterways to the port.
Chabahar Port
- In 2016, India signed a deal with Iran entailing $8 billion investment in Chabahar port and industries in Chabahar Special Economic Zone.
- The port is being developed as a transit route to Afghanistan and Central Asia.
- India has already built a 240-km road connecting Afghanistan with Iran.
- All this were expected to bring cargo to Bandar Abbas port and Chabahar port, and free Kabul from its dependence on Pakistan to reach the outer world.
- Completion of this project would give India access to Afghanistan and beyond to Turkmenistan, Uzbekistan, Tajikistan, Kyrgyzstan, Kazakhstan, Russia and Europe via 7,200-km-long multi-modal North-South Transport Corridor (INSTC).
Why is Chabahar back in the news?
- The visit is a chance to strengthen ties and the maritime relationship between the two countries.
- Due to pandemic, there were less number of visits from India to Iran and vice-versa and the pace of the project is also allegedly slower.
- This visit will also highlight the importance of Chabahar as a gateway for Indian trade with Europe, Russia and CIS [Commonwealth of Independent States] countries.
- India is keen in developing the Shahid Beheshti port as a “a transit hub” and link it to the International North South Trade Corridor (INSTC), that also connects to Russia and Europe.
What is India’s strategic vision for Chabahar?
When the first agreement for Chabahar was signed by then PM Atal Bihari Vajpayee in 2003, the plan had a three-fold objective:
- To build India’s first offshore port and to project Indian infrastructure prowess in the Gulf
- To circumvent trade through Pakistan, given the tense ties with India’s neighbour and build a long term, sustainable sea trade route and
- To find an alternative land route to Afghanistan, which India had rebuilt ties with after the defeat of the Taliban in 2001
- Subsequently, PM Manmohan Singh’s government constructed the Zaranj -Delaram Highway in Afghanistan’s South.
- It would help connect the trade route from the border of Iran to the main trade routes to Herat and Kabul, handing it over to the Karzai government in 2009.
- In 2016, PM Modi travelled to Tehran and signed the agreement to develop Chabahar port, as well as the trilateral agreement for trade through Chabahar with Afghanistan’s President Ashraf Ghani.
Commencement of operations
- Since the India Ports Global Chabahar Free Zone (IPGCFZ) authority took over the operations of the port in 2018, it has handled 215 vessels, 16,000 TEUs (Twenty-foot Equivalent Units) and four million tons of bulk and general cargo.
Why is it gaining importance?
- In the last few years, a fourth strategic objective for the Chabahar route has appeared, with China’s Belt and Road Initiative making inroads in the region.
- The government hopes to provide Central Asia with an alternate route to the China-Pakistan Economic Corridor (CPEC) through Iran for future trade.
Why is the Chabahar dream taking so long to realise?
- India’s quest for Chabahar has hit geopolitical road-block after road-block; the biggest issue has been over Iran’s relationship with western countries, especially the United States.
- In years when western sanctions against Iran increased, the Chabahar project has been put on the back-burner.
- However, the nuclear talks resulted in the Joint Comprehensive Plan of Action (JCPOA) in 2015 came into being, the Chabahar port has been easier to work on.
- In 2018, the Trump administration put paid to India’s plans by walking out of the JCPOA and slapping new sanctions on dealing with Iran.
- This led to the Modi government “zeroing out” all its oil imports from Iran, earlier a major supplier to India, causing a strain in ties.
- India also snapped ties with Afghanistan after the Taliban takeover in August 2021, which put an end to the humanitarian aid of wheat and pulses that was being sent to Kabul via Chabahar.
- When India restarted wheat aid this year, it negotiated with Pakistan to use the land route to Afghanistan instead.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: JCPOA
Mains level: US sanctions on Iran, Nuclear deal
Iran has dropped some of its main demands on resurrecting a deal to rein in Tehran’s nuclear programme, including its insistence that international inspectors close some probes of its program, bringing the possibility of an Iran–US agreement closer.
Which agreement is this article referring to?
- It is an alternative name of the Joint Comprehensive Plan of Action (JCPOA).
What demands of Iran are we talking about?
- Iran had already largely relented on its demand that the US lift its designation of the Iran Revolutionary Guard Corps as a foreign terrorist organization (FTO) entity.
- This designation was a more of symbolic move and insulting to Iranian authorities.
- Iran also wanted a guarantee that the International Atomic Energy Agency (IAEA) would close investigations involving unexplained traces of uranium.
- Iran wants guarantees that the IAEA would close all of them.
What is JCPOA?
- The Iran nuclear deal, formally known as the JCPOA is a landmark accord reached between Iran and several world powers, including the United States, in July 2015.
- Under its terms, Iran agreed to dismantle much of its nuclear program and open its facilities to more extensive international inspections in exchange for billions of dollars’ worth of sanctions relief.
Expected outcomes of the deal
- Curb on the nuclear program: Proponents of the deal said that it would help prevent a revival of Iran’s nuclear weapons program.
- Increasing regional engagement: It would thereby reduce the prospects for conflict between Iran and its regional rivals, including Israel and Saudi Arabia.
Background of the JCPOA
- Iran had previously agreed to forgo the development of nuclear weapons as a signatory to the Nuclear Non-proliferation Treaty, which has been in force since 1970.
- However, after the overthrow of the Pahlavi dynasty in 1979, Iranian leaders secretly pursued this technology.
- In 2007, U.S. intelligence analysts concluded that Iran halted its work on nuclear weapons in 2003 but continued to acquire nuclear technology and expertise.
- Prior to the JCPOA, the P5+1 had been negotiating with Iran for years, offering its government various incentives to halt uranium enrichment.
Issues with the deal
(1) US withdrawal
- The deal has been in jeopardy since President Donald Trump withdrew the US from it in 2018.
- In retaliation for the US, Iran resumed some of its nuclear activities.
(2) Iran’s insistence over sanctions removal
- In 2021, President Joe Biden said the US will return to the deal if Iran comes back into compliance, though Iran’s leaders have insisted that Washington lift sanctions first.
- Iran now has indicated that he will take a harder line than his predecessor in nuclear negotiations.
Who are the participants?
- The JCPOA, which went into effect in January 2016, imposes restrictions on Iran’s civilian nuclear enrichment program.
- At the heart of negotiations with Iran were the five permanent members of the UN Security Council (China, France, Russia, the United Kingdom, and the United States) and Germany—collectively known as the P5+1.
- The European Union also took part. Israel explicitly opposed the agreement, calling it too lenient.
- Some Middle Eastern powers, such as Saudi Arabia, said they should have been consulted or included in the talks because they would be most affected by a nuclear-armed Iran.
What did Iran agree to?
- Nuclear restrictions: Iran agreed not to produce either the highly enriched uranium or the plutonium that could be used in a nuclear weapon.
- Monitoring and verification: Iran agreed to eventually implement a protocol that would allow inspectors from the International Atomic Energy Agency (IAEA), the United Nations’ nuclear watchdog.
What did the other signatories agree to?
- Sanctions relief: The EU, United Nations, and United States all committed to lifting their nuclear-related sanctions on Iran. However, many other U.S. sanctions on Iran, some dating back to the 1979 hostage crisis, remained in effect.
- Weapons embargo: The parties agreed to lift an existing UN ban on Iran’s transfer of conventional weapons and ballistic missiles after five years if the IAEA certifies that Iran is only engaged in civilian nuclear activity.
How has the deal affected Iran’s economy?
- Prior to the JCPOA, Iran’s economy suffered years of recession, currency depreciation, and inflation, largely because of sanctions on its energy sector.
- With the sanctions lifted, inflation slowed, exchange rates stabilized, and exports—especially of oil, agricultural goods, and luxury items—skyrocketed as Iran regained trading partners, particularly in the EU.
- After the JCPOA took effect, Iran began exporting more than 2.1 million barrels per day (approaching pre-2012 levels, when the oil sanctions were originally put in place).
Try this question from CSP 2020:
Q.In India, why are some nuclear reactors kept under “IAEA Safeguards” while others are not?
(a) Some use Uranium and others use thorium.
(b) Some use imported uranium and others use domestic supplies.
(c) Some are operated by foreign enterprises and others are operated by domestic enterprises.
(d) Some are State- owned and others are privately-owned.
Post your answers here.
Back2Basics: International Atomic Energy Agency (IAEA)
- IAEA is an international organization that seeks to promote the peaceful use of nuclear energy and to inhibit its use for any military purpose, including nuclear weapons.
- As the preeminent nuclear watchdog under the UN, the IAEA is entrusted with the task of upholding the principles of the Nuclear Non-Proliferation Treaty of 1970.
- It was established as an autonomous organization on July 29, 1957, at the height of the Cold War between the U.S. and the Soviet Union.
- Though established independently of the UN through its own international treaty, the agency reports to both the UN General Assembly and the UNSC.
What are its safeguards?
- Safeguards are activities by which the IAEA can verify that a State is living up to its international commitments not to use nuclear programs for nuclear weapons purposes.
- Safeguards are based on assessments of the correctness and completeness of a State’s declared nuclear material and nuclear-related activities.
- Verification measures include on-site inspections, visits, and ongoing monitoring and evaluation.
Basically, two sets of measures are carried out in accordance with the type of safeguards agreements in force with a State.
- One set relates to verifying State reports of declared nuclear material and activities.
- Another set enables the IAEA not only to verify the non-diversion of declared nuclear material but also to provide assurances as to the absence of undeclared nuclear material and activities in a State.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Preventive fugitive offences
The Finance Ministry has released the Rules for Foreign Exchange Management (Overseas Investment Rules), 2022 subsuming extant regulations for Overseas Investments and Acquisition and Transfer of Immovable Property outside India Regulations, 2015.
What are the news Overseas Investment Rules?
- With an eye on wilful defaulters, the new rules stipulate that:
- Any Indian resident will have to seek an no objection certificate before making any overseas financial commitment:
- Who has an account appearing as a non-performing asset
- Or is classified as a wilful defaulter by any bank
- Or is under investigation by a financial service regulator or by investigative agencies in India
What are the tweaks in overseas investment norms?
- Any resident in India acquiring equity capital in a foreign entity or overseas direct investment (ODI), will have to submit an Annual Performance Report (APR) for each foreign entity, every year by December 31.
- No such reporting shall be required where a person resident in India is holding less than 10% of the equity capital without control in the foreign entity.
- There is no other financial commitment other than equity capital or a foreign entity is under liquidation.
Ceiling on investment
- Any resident individual can make ODI by way of investment in equity capital or overseas portfolio investment (OPI) subject to the overall ceiling under the Liberalised Remittance Scheme (LRS) of the Reserve Bank.
- Currently, the LRS permits $2,50,000 outward investment by an individual in a year.
- These norms make it easier for domestic corporates to invest abroad.
What are the prohibitions?
- Any Indian resident, who has been classified as a wilful defaulter or is under investigation by the CBI, the ED or the Serious Frauds Investigation Office (SFIO), will have to obtain a no-objection certificate (NOC).
- NOC can be obtained from his or her bank, regulatory body or investigative agency before making any overseas “financial commitment” or disinvestment of overseas assets.
- The rules also provide that if lenders, the concerned regulatory body or investigative agency fail to furnish the NOC within 60 days of receiving an application, it may be presumed that they have no objection to the proposed transaction.
- Additionally, the new rules also prohibit Indian residents from making investments into foreign entities that are engaged in real estate activity, gambling in any form, and dealing with financial products linked to the Indian rupee without the specific approval of the RBI.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: VL-SRSAM
Mains level: Short range missiles development
The Defence Research and Development Organisation (DRDO) and the Indian Navy has successfully flight-tested the indigenously developed Vertical Launch Short Range Surface-to-Air Missile (VL-SRSAM) from the Integrated Test Range (ITR) at Chandipur off the coast of Odisha.
What is Vertical Launch Short Range Surface-to-Air Missile (VLSRSAM) ?
- VL-SRSAM has been designed and developed jointly by three facilities of the DRDO for deployment of Indian Naval warships.
- The missile has the capability of neutralising various aerial threats at close ranges including sea-skimming targets.
- The tactic of sea skimming is used by various anti-ship missiles and some fighter jets to avoid being detected by the radars onboard warships.
- For this, these assets fly as close as possible to sea surface and thus are difficult to detect and neutralise.
Features of VL-SRSAM
- The missile has been designed to strike at the high-speed airborne targets at the range of 40 to 50 km and at an altitude of around 15 km.
- Its design is based on Astra missile which is a Beyond Visual Range Air to Air missile.
- Two key features of the VL-SRSAM are cruciform wings and thrust vectoring.
- The cruciform wings are four small wings arranged like a cross on four sides and give the projective a stable aerodynamic posture.
- The thrust vectoring is an ability to change the direction of the thrust from its engine control the angular velocity and the attitude of the missile.
- VL-SRSAM is a canisterised system, which means it is stored and operated from specially designed compartments.
- In the canister, the inside environment is controlled, thus making its transport and storage easier and improving the shelf life of weapons
Strategic significance of the missile
- The launch was conducted from a vertical launcher against an electronic target at a very low altitude.
- The flight path of the vehicle along with health parameters was monitored using a number of tracking instruments deployed by ITR, Chandipur.
- The successful testing of these systems was crucial for future launches of the missile from Indian Naval Ships.
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