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Industrial Sector Updates – Industrial Policy, Ease of Doing Business, etc.

C295 and India’s aircraft industry

Note4Students

From UPSC perspective, the following things are important :

Prelims level: C-295

Mains level: Aerospace industry in India

c295

Recently, PM laid the foundation stone for the C-295 transport aircraft manufacturing facility in Vadodara to be set up by Airbus Defence and Space and Tata Advanced Systems Limited (TASL).

Why is it making headlines?

  • This is the first time a private sector company would be manufacturing a full aircraft in the country.
  • This is a huge step forward for India in the global aircraft manufacturing domain.

What is the C-295MW transporter?

  • The C-295MW is a transport aircraft of 5-10 tonne capacity which will replace the legacy Avro aircraft in the Indian Air Force (IAF) procured in the 1960s.
  • It was originally produced by a Spanish aircraft manufacturer.
  • This company is now part of Airbus and the aircraft’s manufacturing takes place at Airbus’s plant in Spain.

Why c-295MW?

  • The C-295 has very good fuel efficiency and can take off and land from short as well as unprepared runways.
  • As a tactical transport aircraft, the C295 can carry troops and logistical supplies from main airfields to forward operating airfields of the country.
  • It can operate from short airstrips just 2,200 feet long and can fly low-level operations for tactical missions flying at a low speed of 110 knots.
  • The aircraft can additionally be used for casualty or medical evacuation, performing special missions, disaster response and maritime patrol duties.

A boost to domestic aircraft manufacturing

  • Over the last two decades, Indian companies, both public and private, have steadily expanded their footprint in the global supply chains of major defence and aerospace manufacturers.
  • They do supply a range of components, systems and sub-systems.

India’s collaboration with top firm

  • Boeing’s sourcing from India stands at $1 billion annually, of which over 60% is in manufacturing, through a growing network of 300+ supplier partners of which over 25% are MSME.
  • Tata in a joint venture (JV) with Boeing, manufactures aero-structures for its AH-64 Apache helicopter, including fuselages, etc.
  • It also makes Crown and Tail-cones for Boeing’s CH-47 Chinook helicopters.
  • Similarly, Lockheed Martin has joint ventures with TASL in Hyderabad which has manufactured crucial components for the C-130J Super Hercules transport aircraft.

How this has become possible?

  • The US is simplifying its export regulations for India, through a series of measures.
  • As US and India together pursue the Indo-Pacific strategy and are enhancing technology prowess.

Boost to India’s civil aviation sector

  • India has a much bigger footprint in civil aviation manufacturing than defence, in addition to being a major market itself.
  • Both Airbus and Boeing do significant sourcing from India for their civil programmes.
  • According to Airbus every commercial aircraft manufactured by them today is partly designed and made in India.
  • India now has world’s fastest-growing aviation sector and it is about to reach the top three countries in the world in terms of air traffic.
  • Another major growing area is Maintenance, Repair and Overhaul (MRO) for which India can emerge as the regional hub.

Conclusion

  • The private defence sector is still nascent and a conducive and stable regulatory and policy environment will be an important enabler.

 

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Fertilizer Sector reforms – NBS, bio-fertilizers, Neem coating, etc.

Centre restricts use of common weedicide Glyphosate

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Glyphosate

Mains level: Not Much

Glyphosate

The Union Ministry of Agriculture and Farmers Welfare has restricted the use of glyphosate, a widely used herbicide, citing health hazards for humans and animals.

What is Glyphosate?

  • Glyphosate is an herbicide. It is applied to the leaves of plants to kill both broadleaf plants and grasses.
  • The sodium salt form of glyphosate is used to regulate plant growth and ripen specific crops.
  • Glyphosate is one of the most widely used herbicide.
  • In India, glyphosate has been approved for use only in tea plantations and non-plantation areas accompanying the tea crop.
  • Use of the substance anywhere else is illegal.

How does glyphosate work?

  • Glyphosate is a non-selective herbicide, meaning it will kill most plants.
  • It prevents the plants from making certain proteins that are needed for plant growth.
  • Glyphosate stops a specific enzyme pathway, the shikimic acid
  • The shikimic acid pathway is necessary for plants and some microorganisms.

What is the recent ban?

  • Only authorized Pest Control Operators are allowed to use it.
  • Earlier, state governments of Maharashtra, Telangana, Punjab and Andhra Pradesh have tried similar steps but failed.
  • The ban notification was based on a 2019 report by the Government of Kerala on prohibiting the distribution, sale and use of glyphosate and its derivatives.

Is it banned elsewhere?

  • Some 35 countries have banned or restricted the use of glyphosate.
  • These include Sri Lanka, Netherlands, France, Colombia, Canada, Israel and Argentina.

Hazards of Glyphosate

  • Health impacts of glyphosate range from cancer, and reproductive and developmental toxicity to neurotoxicity and immune toxicity.
  • Symptoms include irritation, swelling, burning of the skin, oral and nasal discomfort, unpleasant taste and blurred vision.

 

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GI(Geographical Indicator) Tags

GI tag in news: Kashmir Saffron

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Kashmir Saffron

Mains level: Not Much

saffron

The Directorate of Tourism, Kashmir has organised a saffron festival in the Karewa of Pampore.

Saffron

  • Saffron is a spice derived from the flower of Crocus sativus, commonly known as the “saffron crocus”.
  • The vivid crimson stigma and styles, called threads, are collected and dried for use mainly as a seasoning and colouring agent in food.

Kashmir Saffron

  • It is cultivated and harvested in the Karewa (highlands) in some regions of Kashmir, including Pulwama, Budgam, Kishtwar and Srinagar.
  • It has been associated with traditional Kashmiri cuisine and represents the rich cultural heritage of the region.
  • Its cultivation is believed to have been introduced in Kashmir by Central Asian immigrants around 1st Century BCE. In ancient Sanskrit literature, saffron is referred to as ‘bahukam’.
  • In 2020, the Centre issued a certificate of Geographical Indication (GI) registration for Saffron grown in the Kashmir Valley.

Major types

The saffron available in Kashmir is of three types —

  • ‘Lachha Saffron’, with stigmas just separated from the flowers and dried without further processing;
  • ‘Mongra Saffron’, in which stigmas are detached from the flower, dried in the sun and processed traditionally; and
  • ‘Guchhi Saffron’, which is the same as Lachha, except that the latter’s dried stigmas are packed loosely in air-tight containers while the former has stigmas joined together in a bundle tied with a cloth thread

Whats’ so special about Kashmir Saffron?

  • The unique characteristics of Kashmir saffron are its longer and thicker stigmas, natural deep-red colour, high aroma, bitter flavour, chemical-free processing, and high quantity of crocin (colouring strength), safranal (flavour) and picrocrocin (bitterness).
  • It is the only saffron in the world grown at an altitude of 1,600 m to 1,800 m AMSL (above mean sea level), which adds to its uniqueness and differentiates it from other saffron varieties available the world over.

Policy moves

  • The National Saffron Mission (launched as a part of Rashtriya Krishi Vikas Yojana) was sanctioned by the central government in the year 2010 in order to extend support for creation of irrigation facilities.
  • It seeks to facilitate farmers with tube wells and sprinkler sets which would help in production of better crops in the area of saffron production.
  • North East Centre for Technology Application and Reach (NECTAR) under Saffron Bowl Project has identified few locations in Arunachal Pradesh and Meghalaya for saffron cultivation.

 

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Citizenship and Related Issues

Case of Citizenship to Stateless Indian origin Tamils

Note4Students

From UPSC perspective, the following things are important :

Prelims level: CAA

Mains level: Indian origin tamils, Debate over granting citizenship

CitizenshipContext

  • The Supreme Court of India has now posted the 232 petitions challenging the Citizenship (Amendment) Act (CAA) to be heard on December 6, 2022. However, there is another issue linked to the subject, i.e., the unresolved status of Indian origin Tamils who repatriated from Sri Lanka.

Present status of Sri Lankan refugees in India

  • For over four decades, Indian origin Tamils have been classified as stateless persons, based on technicalities. Nations High Commission for Refugees, “Comprehensive Solutions Strategy for Sri Lankan Refugees”, there are around 29,500 Indian origin Tamils currently living in India.

CitizenshipHistorical background of citizenship to Indian origin Tamils

  • As Indentured plantation workers: Indian origin Tamils were brought in as indentured labourers to work in plantations. They remained mostly legally undocumented and socially isolated from the native Sri Lankan Tamil and Sinhalese communities due to the policies of the British.
  • Denied citizenship led to stateless population: After 1947, Sri Lanka witnessed rising Sinhalese nationalism, leaving no room for their political and civil participation. They were denied citizenship rights and existed as a ‘stateless’ population, numbering close to 10 lakhs by 1960.
  • Bilateral pacts granted citizenship: As an ethnolinguistic minority without voting rights, this resulted in a double disadvantage till the two national governments addressed this issue. Subsequently, under the bilateral Sirimavo-Shastri Pact (1964) and the Sirimavo-Gandhi Pact (1974), six lakh people along with their natural increase would be granted Indian citizenship upon their repatriation.
  • Civil wars forcing to seek asylum in India: The Sri Lankan civil war resulted in a spike in Sri Lankan Tamils and Indian origin Tamils together seeking asylum in India. This resulted in a Union Ministry of Home Affairs directive to stop the grant of citizenship to those who arrived in India after July 1983.
  • Focus on Refugee welfare and rehabilitation: The focus of the Indian and Tamil Nadu governments shifted to refugee welfare and rehabilitation. The legal destiny of Indian origin Tamils has been largely intertwined with that of Sri Lankan Tamil refugees, and both cohorts have been relegated to ‘refugee’ status.
  • Classified as Illegal migrants as per the CAA 2003: Indian origin Tamils who arrived after 1983 came through unauthorized channels or without proper documentation and came to be classified as ‘illegal migrants’ as per the CAA 2003. This classification has resulted in their statelessness and blocking of potential legal pathways to citizenship.

How to overcome the problem of statelessness?

  • While constitutional courts have not had an occasion to deal with the question of statelessness, there have been two recent judgments (Madurai Bench of the Madras High Court, Justice G.R. Swaminathan), taking these issues head on.
  • Judgment on P. Ulaganathan vs Government of India (2019): The status of citizenship of Indian origin Tamils at the Kottapattu and Mandapam camps came up for consideration. The court recognized the distinction between Indian origin Tamils and Sri Lankan Tamils and held that a continuous period of statelessness of Indian origin Tamils offends their fundamental right under Article 21 of the Constitution of India. The court further held that the Union Government has implied powers to grant relaxation in conferring citizenship and prescribed that a humanitarian approach, shorn of the rigors of law, should be adopted.
  • Abirami S. vs The Union of India 2022: Statelessness is something to be avoided. The court further held that the principles of the CAA, 2019, which relaxes the conditions for citizenship for Hindus from Afghanistan, Pakistan and Bangladesh, would also apply to Sri Lankan Tamil refugees. As such, these judgments have provided categorial judicial guidance to the Union of India on how to utilize an expanded and liberal interpretation of the CAA, 2019 to overcome statelessness.
  • Supreme Court (Committee for C.R. of C.A.P. and Ors. vs State of Arunachal Pradesh 2015): An undertaking made by the Government of India with respect to grant of citizenship inheres a right in the stateless or refugee population. As such, India has made repeated undertakings, through the 1964 and 1974 pacts, which have created a legitimate expectation among the Indian origin Tamils and would entitle them to be granted citizenship.
  • Obligatory International customary law: The situation of statelessness of Indian origin Tamils is ‘de jure’, created from the failure in implementing the 1964 and 1974 pacts. De jure statelessness is recognized in international customary law. Therefore, India has an obligation to remedy the situation.

How other nations deals with statelessness situation?

  • United States: Remedying statelessness is not a novel process in law. While dealing with a similar situation, in 1994, the United States enacted the Immigration and the Nationality Technical Corrections Act to retroactively grant citizenship to all children born to an alien father and citizen mother.
  • Brazil: Through the Constitutional Amendment No. 54 of 2007 retroactively, Brazil granted citizenship to children under jus sanguinis, which was earlier stripped by an earlier amendment, i.e., Constitutional Amendment No. 3 of 1994.

Citizenship

What India can do?

  • Any corrective legislative action by the Government of India to eliminate statelessness should necessarily include retroactive citizenship for Indian origin Tamils.

Conclusion

  • India has provided the one of largest refuge to people in the world including Tibetan, Sri Lankan, Pakistani, and Bangladeshi. Despite not being a signatory to UN refugee convention. any decision of granting citizenship has to be based on national interest rather than emotional connect.

Mains Question

Q. What are rules for granting the citizenship to foreigner in India? What are the hurdles in Tamil Sri Lankan getting their citizenship? How can Sri Lankan Tamil get citizenship by applying the rule of intelligible differentia under article 14?

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Social Media: Prospect and Challenges

The Amendments To The IT Rules, 2021

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: freedom of speech and Issues associated with regulating social media platforms

IT rulesContext

  • The Ministry of Electronics and IT (MeitY) has notified amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) on October 28. In June 2022, MeitY had put out a draft of the amendments and solicited feedback from the relevant stakeholders. The draft generated considerable discussion and comment on the regulation of social media in India.

What are the IT rules 2021?

  • Regulating SMI’s: World over, governments are grappling with the issue of regulating social media intermediaries (SMIs).
  • Addressing the issues of SMI controlling the free speech: Given the multitudinous nature of the problem the centrality of SMIs in shaping public discourse, the impact of their governance on the right to freedom of speech and expression, the magnitude of information they host and the constant technological innovations that impact their governance it is important for governments to update their regulatory framework to face emergent challenges.
  • Placing obligations on SMI: In a bid to keep up with these issues, India in 2021, replaced its decade old regulations on SMIs with the IT Rules, 2021 that were primarily aimed at placing obligations on SMIs to ensure an open, safe and trusted internet.

IT rules What are the proposed amendments?

  • Draft amendments in June 2022, the stated objectives of the amendments were threefold.
  1. Protecting the constitutional rights: there was a need to ensure that the interests and constitutional rights of netizens are not being contravened by big tech platforms,
  2. Grievance redressal: to strengthen the grievance redressal framework in the Rules,
  3. To avoid the dominance: that compliance with these should not impact early-stage Indian start-ups.
  • This translated into a set of proposed amendments that can be broadly classified into two categories.
  1. Additional obligation on SMI: The first category involved placing additional obligations on the SMIs to ensure better protection of user interests.
  2. Appellate mechanism: The second category involved the institution of an appellate mechanism for grievance redressal.

IT rules

What are the additional obligations placed on social media intermediaries?

  • Users need to comply with rules of platforms(intermediaries): The original IT Rules, 2021 obligated the SMIs to merely inform its users of the “rules and regulations, privacy policy and user agreement” that governed its platforms along with the categories of content that users are prohibited from hosting, displaying, sharing etc. on the platform. This obligation on the SMIs has now been extended to ensuring that its users are in compliance with the relevant rules of the platform.
  • Prevent the prohibited content: Further, SMIs are required to “make reasonable” efforts to prevent prohibited content being hosted on its platform by the users.
  • SMIs have to respects rights under constitution: Second, a similar concern arises with the other newly introduced obligation on SMIs to “respect all the rights accorded to the citizens under the Constitution, including in the articles 14, 19 and 21”. Given the importance of SMIs in public discourse and the implications of their actions on the fundamental rights of citizens, the horizontal application of fundamental rights is laudable.
  • Remove the content within 72 hours: SMIs are now obligated to remove information or a communication link in relation to the six prohibited categories of content as and when a complaint arises. They have to remove such information within 72 hours of the complaint being made. Given the virality with which content spreads, this is an important step to contain the spread of the content.
  • Ensuring the accessibility of services: SMIs have been obligated to “take all reasonable measures to ensure accessibility of its services to users along with reasonable expectation of due diligence, privacy and transparency”.
  • Provide content in all scheduled language: In this context, the amendments also mandate that “rules and regulations, privacy policy and user agreement” of the platform should be made available in all languages listed in the eighth schedule of the Constitution.

IT rulesWhat is the grievance appellate committee (GAC)?

  • Composition of GAC: The government has instituted Grievance Appellate Committees (GAC). The committee is styled as a three-member council out of which one member will be a government officer (holding the post ex officio) while the other two members will be independent representatives.
  • Complaint within 30 days: Users can file a complaint against the order of the grievance officer within 30 days.
  • Online dispute resolution: The GAC is required to adopt an online dispute resolution mechanism which will make it more accessible to the users.

What are the concerns associated with GAC?

  • Confusion over GAC and High courts: It is unclear whether this is a compulsory tier of appeal or not, that is will the user have to approach the grievance appellate committee before approaching the court. The confusion arises from the fact that the press notes expressly stated that the institution of the GAC would not bar the user from approaching the court directly against the order of the grievance officer. However, the final amendments provide no such indication.
  • Apprehensions about appointment by central government: While this makes the inhouse grievance redressal more accountable and appellate mechanism more accessible to users, appointments being made by the central government could lead to apprehensions of bias in content moderation.
  • GAC doesn’t have enforcement power: Further, the IT Rules, 2021 do not provide any explicit power to the GAC to enforce its orders.
  • Overlapping jurisdiction of courts and appellate: if users can approach both the courts and the GAC parallelly, it could lead to conflicting decisions often undermining the impartiality and merit of one institution or the other.

Conclusion

  • Across the world, social media regulation is need of an hour. Fake news, protests, riots are fuelled by social media outrage on petty things. However, government should not usurp the unaccountable power of in the name social regulation. Power of government should also be scrutinized by parliamentary committee.

Mains Question

Q. How social media can disrupt the law-and-order situation? Social media intermediaries have become the master regulators of free speech. Explain. critically analyze the new draft recommendations of IT rules 2021.

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Genetically Modified (GM) crops – cotton, mustards, etc.

Green Signal to GM Mustard

Note4Students

From UPSC perspective, the following things are important :

Prelims level: GM Mustard

Mains level: GM crops, advantages and risks associated with it

MustardContext

  • The recent clearance by the government for the release of GM Mustard Hybrid DMH 11 based on the recommendations of GEAC under the Ministry of Environment, Forests and Climate Change is a bold decision in the best interest of our farmers and the nation.

What are Genetically modified organisms (GMO)

  • Changes in genetic material: GMOs can be defined as organisms (i.e., plants, animals or microorganisms) in which the genetic material (DNA) has been altered in a way that does not occur naturally by mating and/or natural recombination
  • Transfers of genes: It allows selected individual genes to be transferred from one organism into another, also between nonrelated species.
  • GM foods: Foods produced from or using GM organisms are often referred to as GM foods
  • GM Mustard: GM mustard crop was introduced, which was later withdrawn. There is a raging debate going on advantages and disadvantages of GMOs. For a long time, further study was requested by farmers, environmentalist on GMO crops.

MustardAdvantages of GM mustard?

  • Benefits to producers and consumers: GM foods are developed and marketed because there is some perceived advantage either to the producer or consumer of these foods. This is meant to translate into a product with a lower price, greater benefit (in terms of durability or nutritional value) or both. Initially GM seed developers wanted their products to be accepted by producers and have concentrated on innovations that bring direct benefit to farmers (and food industry generally)
  • Improves crop protection: One of the objectives for developing plants based on GM organisms is to improve crop protection.
  • Insect Resistance: Some GMO foods have been modified to make them more resistant to insects and other pests. This means the amount of pesticide chemicals used on the plants are reduced, so their exposure to dangerous pesticides is also reduced
  • Develops stronger Crop: Another benefit that GM technology is believed to bring about is that crops can be engineered to withstand weather extremes and fluctuations, this means that there will be good quality and sufficient yields even under a poor or severe weather condition
  • Provides Environment Protection: GM crops often requires less time, tools and chemicals, and may help with reducing greenhouse gas emissions, soil erosion and environmental pollution
  • More Nutritious Foods: According to the UN Food and Agricultural Organization (FAO), some GM foods have been engineered to become more nutritious in terms of vitamin or mineral content.
  • More economic benefits: Larger production leading to increased farm income, reduced poverty, low food prices and thus reduced hunger and malnutrition. Besides new food products are also included, diversifying food varieties

What is the risk associated with GMO?

  • Contamination of genes: GMOs contaminate forever. GMOs cross pollinate and their seeds can travel far and wide.
  • Irreversible changes in gene pool: It is impossible to fully clean up our contaminated gene pool.
  • More herbicides in our food: Genetic engineering allows plants to survive high doses of weed killers, resulting in higher herbicide residues in our food.
  • Super weeds and super bugs: GMO crops are creating ‘super weeds’ and ‘super bugs,’ which can only be killed with more toxic poisons.

MustardWhy there was necessity to grant approval for GM Mustard?

  • To meet our current challenges: Over-exploitation of natural resources (soil, water, biodiversity), declining factor productivity, urgency to achieve sustainable development goals, especially ending poverty and hunger, and addressing timely the adverse effects of climate change the best option is scientific innovations and their scaling.
  • The adoption of GM food crops is in our broader national interest: Genetically modified maize, soybean, cotton, tomato and canola are grown across the world and the area currently under GM crops is about 200 m ha. Besides India, these have been grown for many years in the US, Brazil, Argentina, Canada, Australia, Philippines, Pakistan, Bangladesh, and China.
  • To meet the existing deficit in edible oils: India is currently importing around 13 million tonnes at a cost of Rs 1.17 lakh crore to the exchequer. Interestingly, of this, 2.0-2.5 mt soybean oil and 1.0-1.5 mt canola oil is already GM. Hence, we are consuming GM oil already, besides, the 1.5 mt of GM cotton oil produced domestically.
  • Associated health benefits: It is scientifically proven that the consumption of refined oil does not allow any protein to enter the human system. Thus, the consumption of GM oil is completely safe from a health point of view.
  • High yields to farmers: A major concern of our farmers is that yields of mustard are low and have stagnated for a long time at around 1,260 kg/ha, much lower than the global average of 2,000 kg/ha. Yields of canola in Canada, China and Australia are almost three times higher than in India since they use GM hybrid technology. Mustard is a very important oilseed crop, grown in 6.0 -7.0 million hectares, mostly in Rajasthan, Haryana, Punjab and Madhya Pradesh. Thus, the government’s decision to allow the production of GM Mustard hybrids will go a long way in increasing our yields, while reducing the use of pesticides.

MustardWhat else needs to be done?

  • Providing enabling environment: The Department of Agriculture (DoA) and ICAR need to move forward fast and provide an enabling environment to test the available seed of Hybrid DMH 11 in the current rabi season.
  • Encourage public-private partnership: This needs to happen on several farmers’ fields in the mustard belt. It must also encourage public-private partnerships to produce quality seeds to cover more area next year.
  • Encouraging further innovation: Also, scientists at ICAR institutes must be encouraged to develop new GM Mustard hybrids on a mission mode. Allowing the production of GM Soybean and GM Maize going forward will also be a positive step, increasing both the productivity and profitability of these crops and doubling farmers’ income.

Conclusion

  • The decision to remove the unscientific ban on GM crops reflects the determination of the government to move towards Atmanirbhar Bharat. It also meets the aspirations of our scientific community and farmers can derive the benefits of innovative technology.

Mains Question

Q. How GM mustard crop are different from conventional crops? What are the benefits and risks of adopting the GM mustard crop?

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Freedom of Speech – Defamation, Sedition, etc.

SC admits plea challenging first amendment to Constitution

Note4Students

From UPSC perspective, the following things are important :

Prelims level: 1st Constitutional Amendment

Mains level: Sedition law and Free speech

The Supreme Court has agreed to examine a PIL challenging changes made to the right to freedom of speech and expression by the first amendment to the Constitution in 1951.

Why in news?

  • The fresh petition argues that the 1st Constitutional Amendment damages the basic structure doctrine.

What was the first amendment?

  • The Constitution (First Amendment) Act, 1951 made several changes to the Fundamental Rights provisions of the Indian constitution.
  • It provided means to:
  1. Restrict freedom of speech and expression,
  2. Validation of zamindari abolition laws, and
  3. Clarified that the right to equality does not bar the enactment of laws which provide “special consideration” for weaker sections of society
  • This Amendment set the precedent of amending the Constitution to overcome judicial judgements impeding fulfilment of the government’s perceived responsibilities.

Why in news now?

  • In his plea, the petitioner said Section 3(1) of the 1951 Amending Act substituted original Clause (2) of Article 19.
  • This clause 19(2) deals with reasonable restrictions on the freedom of speech and expression guaranteed under Article 19(1)(a).

(a) Objectionable insertions

  • It which contained two objectionable insertions allowing restrictions also:
  1. In the interest of public order and
  2. In relation to incitement to an offence

(b) Crucial omissions

  • The new Clause (2) also omitted the expression “tends to overthrow the State” as appearing in the original Clause (2).
  • Section 3 (2) of the amending Act effected validation of certain laws even if they took away or abridged the right to freedom of speech and expression, the petitioner said.

Issues created by Clause (2) of Article 19

Ans. It protects certain arbitrary sections of IPC from constitutionality check

  • The petition contended that these two insertions protect certain IPC sections such as from the vice of unconstitutionality –
  1. Sections 124A: Sedition
  2. Section 153A: Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. prejudicial to maintenance of harmony
  3. Section 295A: Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs and
  4. Section 505: Statements conducing to public mischief
  • The questionable expressions inserted unduly abridge the fundamental right under Article 19 (1)(a) { freedom of speech and expression}.

How it sought to trivialize national security?

  • The amendment also neglects national security by dropping the expression ‘tends to overthrow the State’.
  • The omission of this expression raises grave concern in the context of the dangers posed to the concept of secular democratic republic by radicalism, terrorism and religious fundamentalism.
  • This could either be radicalism or right-wing extremism.

How did the petition invoke basic structure doctrine here?

  • The petition argued that undue abridgement does not advance or sub serve any constitutional objectives.
  • They appear more to damages inter alia democracy and republicanism and supremacy of the Constitution.

 

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Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

Why the SC slammed the two-finger test on rape and sexual assault victims?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Regressive laws for rape victims

finger

The Supreme Court has declared that any person conducting the invasive ‘two-finger’ or ‘three-finger’ vaginal test on rape or sexual assault survivors will be found guilty of misconduct.

What is the two-finger test?

  • The test is conducted to check whether the victim has had recent sexual intercourse.
  • It includes an inspection of the hymen.
  • The hymen is inspected as it can be torn only if the woman has had any sexual intercourse.
  • This test was performed on rape or sexual assault survivors.

What did the Verma Committee say on the two-finger test?

  • The committee under former Chief Justice JS Verma, formed soon after the 2012 Nirbhaya Gangrape case had recommended tougher laws for such cases and ban of the two-finger test.
  • This test has no bearing on a case of sexual assault.
  • On the basis of this test observations/ conclusions such as ‘habituated to sexual intercourse’ should not be made and this is forbidden by law.
  • Yet, the test continues to be conducted in India and other countries despite rape test kits are being provided by the government to all medical institutions after the committee recommendations.

Is the two-finger test scientifically accepted?

  • Of course NOT.
  • According to medical experts, science has proved that the hymen is not a reliable source of proving vaginal penetration.
  • The hymen, which is a thin membrane in the vagina, can rupture not just during sexual activity but also during day-to-day work or any physical activity, including playing sports.

What has the Supreme Court said previously?

  • Violation of privacy: In May 2013, the Supreme Court banned the two-finger test on rape victims on the grounds that it violated their right to privacy.
  • Alternative procedures: The court asked the government to provide better medical procedures in order to confirm sexual assault.
  • Painful for women: The test is medically unnecessary, often times painful, humiliating and a traumatic practice that must end.

Way ahead

  • Workshops should be held for health providers to prevent the test from being conducted on rape survivors.
  • The curriculum in medical schools should be revised.
  • The court ordered copies of the judgment to be handed over to the Health Ministry, which should be circulated to the health and home departments of the States.
  • The home departments should circulate the judgment to the Director Generals of Police in the States.

 

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MGNREGA Scheme

Decentralise MGNREGS for better implementation: Govt. Study

Note4Students

From UPSC perspective, the following things are important :

Prelims level: MGNREGS

Mains level: Read the attached story

An internal study commissioned by the Ministry of Rural Development has argued for decentralization of the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), allowing for more “flexibility” at the ground level.

Key recommendations to revamp MGNREGS

  • Work diversification: There should be a greater diversification of permissible works instead of listing the types of permissible works.
  • Broad categories of works may be listed out.
  • Flexibility should be given at ground level to select the type of works as per broad categories.

What is MGNREGS?

  • The MGNREGA stands for Mahatma Gandhi National Rural Employment Guarantee Act of 2005.
  • This is labour law and social security measure that aims to guarantee the ‘Right to Work’.
  • The act was first proposed in 1991 by P.V. Narasimha Rao.

What is so unique about it?

  • MGNREGA is unique in not only ensuring at least 100 days of employment to the willing unskilled workers, but also in ensuring an enforceable commitment on the implementing machinery i.e., the State Governments, and providing a bargaining power to the labourers.
  • The failure of provision for employment within 15 days of the receipt of job application from a prospective household will result in the payment of unemployment allowance to the job seekers.
  • Any Indian citizen above the age of 18 years who resides in rural India can apply for the NREGA scheme. The applicant should have volunteered to do unskilled work.
  • Employment is to be provided within 5 km of an applicant’s residence, and minimum wages are to be paid.
  • Thus, employment under MGNREGA is a legal entitlement.

Why imbibe some changes?

(1) Empowering Gram Sabhas

  • The fund management has been centralised instead of paying the Gram Sabhas.
  • The Gram Sabhas could better decide the work they want to undertake.
  • The Sabhas can take into account the local conditions and the community’s requirement instead of chasing a target set for them.

(2) Prevent delays in fund disbursal

  • The internal study also flagged the frequent delay in fund disbursal, and to deal with it suggested a revolving fund that can be utilised whenever there is a delay in the Central funds.
  • The survey quoted various instances to underline this chronic problem.

(3) Prevent delay in wages

  • In Himachal Pradesh and Gujarat, the delay in wages was by three or four months and the material component by six months.
  • The study also noted that the MGNREGS wages were far below the market rate in many States, defeating the purpose of acting as a safety net.

Answer this PYQ in the comment box:

Q.Among the following who are eligible to benefit from the “Mahatma Gandhi national rural employment guarantee act”?

(a) Adult members of only the scheduled caste and scheduled tribe households.

(b) Adult members of below poverty line (BPL) households.

(c) Adult members of households of all backward communities.

(d) Adult members of any household.

Post your answers here.

 

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Wildlife Conservation Efforts

Species in news: Amur Falcon

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Amur Falcon

Mains level: NA

falcon

The Amur falcons have begun to arrive in Manipur after travelling over 20,000 km.

Amur Falcon

  • The Amur falcon (Falco amurensis) is a small raptor of the falcon family.
  • It breeds in south-eastern Siberia and Northern China before migrating in large flocks across India and over the Arabian Sea to winter in Southern and East Africa.

How it migrates?

  • Locally known as Akhuipuina, the bird arrives mainly in Manipur and Nagaland on its southbound migration from breeding grounds in North China, Eastern Mongolia and far-east Russia.
  • They travel to Manipur en-route to its wintering grounds in South Africa.
  • The one-way journey via India is about 20,000 km long and the birds do this twice a year.
  • They spend three-four weeks in many parts of Manipur to build fat reserves by preying on termites that emerge around this time.

Conservation status

  • It is protected under the Wildlife Protection Act 1972 and included under its Schedule IV.
  • It is listed in the IUCN Red list as Least Concern.
  • Hunting of the birds or possessing its meat is punishable with imprisonment up to three years or a fine up to Rs 5,000.
  • In 2018, the forest department started a conservation programme by radio-tagging the birds to study their migratory route.

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Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

Are there anti-superstition laws in India?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: prevalence of superstitions, associated problems and preventive laws

superstition

Context

  • The brutal murders of two women as part of “ritualistic human sacrifices” in the Pathanamthitta district of Kerala have left the country in shock. Chilling details of the killings have sparked a debate about the prevalence of superstitious beliefs, black magic and sorcery in Kerala. In the absence of a comprehensive law to counter such acts, the call for a strict anti-superstition law has grown louder.

superstition

What is Superstition?

  • Superstition is an irrational belief usually founded on ignorance or fear and characterized by obsessive reverence for omens, charms etc. It is a notion, act or ritual that derives from such belief.

What is Witchcraft?

  • Black magic is also known as Witchcraft is usage of supernatural power for evil and selfish purposes and to perform malicious practices to destroy someone physically or mentally or financially.
  • Black magic makes humans victims of baseless fears, reverses fortunes and confusions.

superstition

What is the status of such killings in India?

  • As per the 2021 report of the National Crime Records Bureau (NCRB), six deaths were linked to human sacrifices, while witchcraft was the motive for 68 killings.
  • In 2020, India saw 88 deaths due to witchcraft and 11 died as part of human sacrifices.
  • The maximum number of witchcraft cases were reported from Chhattisgarh (20), followed by Madhya Pradesh (18) and Telangana (11). Kerala saw two cases of human sacrifice, the NCRB report states.

What are the laws over superstition in India?

  • No central law: In India, there is no central law that exclusively deals with crimes related to witchcraft, superstition, or occult-inspired activities. In the absence of a nationwide legislation, a few States have enacted laws to counter witchcraft and protect women from deadly ‘witch-hunting’.

superstition

Anti-superstition Laws enacted by the states

  • Bihar: Bihar was the first State to enact a law to prevent witchcraft, identification of a woman as a witch and “eliminate torture, humiliation and killing of women.” The Prevention of Witch (Daain) Practices Act came into force in October 1999. Anyone who identifies a person as a “witch” and acts to aid this identification can face a jail term of up to three months, or a fine of ₹1,000, or both.
  • Jharkhand: A similar law was passed in Jharkhand in 2001 the Prevention of Witch (Daain) Practices Act.
  • Chhattisgarh: Even though Chhattisgarh is one of the worst-affected States in terms of witchcraft-related crimes, the State enacted the Chhattisgarh Tonahi (witch) Pratadna Nivaran Act only in 2005. As per the law, a person convicted for identifying someone as a witch can be sentenced to up to three years of rigorous imprisonment with a fine
  • Odisha: Following the directions of the Odisha High Court to frame a law to deal with rising cases of witch-hunting in the State, the Odisha Prevention of Witch-Hunting Bill was passed by the Assembly in 2013. The bill provides penalties for a witch doctor, or a person claiming to be a black magician
  • Maharashtra: In Maharashtra, the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 was passed after the murder of anti-superstition activist Dr. Narendra Dabholkar.
  • Rajasthan: The state of Rajasthan enacted the Rajasthan Prevention of Witch-Hunting Act in 2015 to “provide for effective measures to tackle the menace of witch-hunting and prevent the practice of witchcraft.
  • Assam: The Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015, which received the President’s assent in 2018, prohibits witch hunting completely. The law states, no person shall identify, call, stigmatize, defame or accuse any other person as witch by words, or by signs or indications or by conducts or actions or any other manner or instigate, aid or abet such an act or commit witch hunting.
  • Karnataka: The latest law was passed in Karnataka where the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017 came into effect in January 2020. The law bans several practices related to black magic and superstition, like forcing a person to walk on fire at religious festivals and the practice of piercing rods from one side of the jaw to the other.

Conclusion

  • States governments are doing their best to criminalize the rituals of human sacrifices by enacting stringent laws. There is need to have a concrete nationwide anti-superstition law and as a society every individual should be made a stakeholder in awareness against human sacrifices based on witchcraft and rituals.

Mains Question

Q. What is Superstition? Are there any anti-superstition laws in India that criminalizes the rituals such as human sacrifices and witch-hunting? Discuss.

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President’s Rule

The case of “Governor’s pleasure”

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Constitutional provisions related to the Governor

Mains level: Issues related to office of governor

pleasure

Context

  • A tweet put out recently by the office of the Kerala Governor evoked nationwide attention for all the wrong reasons. It said: “the statements of individual Ministers that lower the dignity of the office of the Governor can invite action including withdrawal of pleasure”. the Governor sent a letter to the Kerala CM asking him to act against the State Finance Minister, who, according to the Governor, had “ceased to enjoy” the Governor’s “pleasure”. The Chief Minister declined to do so.

Who is a Governor?

  • Parallel to President: The Governors of the states of India have similar powers and functions at the state level as those of the President of India at the Central level.
  • Nominal head: The governor acts as the nominal head whereas the real power lies with the Chief Ministers of the states and her/his councils of ministers.
  • Similar offices: Governors exist in the states while Lieutenant Governors or Administrators exist in union territories including National Capital Territory of Delhi.
  • Non-local appointees: Few or no governors are local to the state that they are appointed to govern.

Important Constitutional Provisions related to Governor

  • Article 153: It requires a governor to be appointed for every state in India.
  • Article 154: Vests the executive power of the State in the Governor
  • Article 155: Appointment of the Governor
  • Article 156: Term of Office of Governor
  • Article 157: Qualifications for appointment as Governor

Executive functions of Governor include

  • An important function of the Governor is to appoint the Chief Minister of the State.
  • Other ministers are also appointed by the Governor on the advice of the Chief Minister.
  • The ministers including the Chief Minister hold office during the pleasure of the Governor.
  • The Governor has the constitutional right to know the decisions of the Council of Ministers relating to the administrative affairs of the State and the proposals for legislation.

What are the contradictory issues with Governor’s office?

  • Bound by the principle: The function of the appointed Governor is always subject to the policies of the elected government, and not vice-versa. This is a foundational theory of India’s constitutional democracy.
  • Contradictory Aid and advise and Discretion: Article 163(1) says that the Council of Ministers must aid and advise the Governor. However, according to Article 163(2), the Governor can act in his discretion in certain matters as permitted by the Constitution
  • Discretion still bounds by cabinet decision: Governor is generally bound by the Cabinet decision except when he has a legitimate right to invoke his discretion, say, for example, in deciding on sanction to prosecute a cabinet minister or in his decisions as Administrator of a Union Territory, as per the orders of the President of India, etc.
  • Apparatus of interaction: There are no provisions laid down for the manner in which the Governor and the state must engage publicly when there is a difference of opinion. The management of differences has traditionally been guided by respect for each other’s boundaries.

Pleasure

Issues of “Pleasure” of Governor

  • Constitution Bench judgment of Supreme court in Shamsher Singh vs State of Punjab (1974) case:
  • In Shamsher Singh, for the purpose of comparison, the Supreme Court extracted Dr. B.R. Ambedkar’s introductory statement made on November 4, 1948, in the Constituent Assembly, which said: “The President of the United States is not bound to accept any advice tendered to him by any of his secretaries. The President of the Indian Union will be generally bound by the advice of his Ministers. He can do nothing contrary to their advice nor can he do anything without their advice. The President of the United States can dismiss any Secretary at any time. The President of the Indian Union has no power to do so, so long as his Ministers command a majority in Parliament”.
  • The same principles apply to the Governors as well, since the Union Minister also holds the office “during the pleasure of the President” as in Article 75(2) of the Constitution.
  • “Withdrawal of pleasure”, without advice from the Council of Ministers, as indicated by Raj Bhavan is a misconception.
  • Historical background of Article 264:
  • The draft Constitution, prepared by the Constitutional Adviser in October 1947, contained Article 126, according to which, “Governor’s Ministers shall be chosen and summoned by (the Governor) and shall hold office during his pleasure”.
  • This Article, which was made part of the draft of the erstwhile Article 144, was discussed at length in the Constituent Assembly.
  • The general discretion with the Governor was taken away, and the Cabinet was given the authority to rule. Amendment to the draft Article 144 moved by B.R. Ambedkar resulted in the present constitutional scheme of Articles 163 and 164.
  • According to the Scholar Subhash C. Kashyap:
  • The words ‘during pleasure’ were, always understood to mean that the ‘pleasure’ should not continue when the Ministry had lost the confidence of the majority.
  • the moment the Ministry lost the confidence of the majority, the Governor would use his ‘pleasure’ in dismissing it.

Conclusion

  • During the deliberations in Constituent Assembly Debates,1949, H.V. Kamath asked if there was any guarantee against abuse of power by the Governor. The immediate reaction by P.S. Deshmukh, another prominent member was: “the guarantee is the Governor’s wisdom and the wisdom of the authority that will appoint the Governor”

Mains Question

Q. What is the role of Rajbhavans in the state government’s day to day business. Analyze the constitutional mandate of the governor’s pleasure and accountability of ministers.

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Uniform Civil Code: Triple Talaq debate, Polygamy issue, etc.

Gujarat announces panel to study Uniform Civil Code (UCC)

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Uniform Civil Code

Mains level: Read the attached story

The Gujarat government has moved a proposal to constitute a committee to evaluate all aspects of implementing the Uniform Civil Code (UCC).

What is a Uniform Civil Code (UCC)?

  • A UCC is one that would provide for one personal civil law for the entire country.
  • This would be applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc.

Basis for UCC

  • Article 44, one of the Directive Principles of the Constitution lays down that the state shall endeavour to secure a UCC for the citizens throughout the territory of India.
  • These, as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.

Personal Laws And Uniform Civil Code: Timeline

# British period
During the British Raj, Personal laws were first framed mainly for Hindu and Muslims citizens.

# Start of 20th Century
In the beginning of the twentieth century, the demand for a uniform civil code was first put forward by the women activists. The objective behind this demand was the women’s rights, equality and secularism.

# 1940 – The Idea of Uniform Civil Code is born
The idea of Uniform Civil Code was tabled by the National Planning Commission (NPC) appointed by the Congress. There was a subcommittee who was to examine women’s status and recommends reforms of personal law for gender equality.

# 1947 – Question of UCC as a Fundamental Right
UCC was sought to be enshrined in the Constitution of India as a fundamental right by Minoo Masani, Hansa Mehta, Amrit Kaur and Dr. B.R Ambedkar.

# 1948 – Constitution Assembly debated UCC
Article 44 of the Indian Constitution i.e. Directive Principles of State Policy sets implementation of uniform civil laws which is the duty of the state under Part IV.

# 1950 – Reformist Bill passed
Reformist bills were passed which gave the Hindu women the right to divorce and inherit property. Bigamy and child marriages are outlawed. Such reforms were resisted by Dr. Rajendra Prasad.

# 1951 – Dr. Ambedkar Resigns
Dr. Ambedkar resigned from the cabinet in 1951 when his draft of the Hindu Code Bill was stalled by the Parliament.

# 1985 – Shah Bano Case
In this case, a divorced Muslim woman was brought within the ambit of Section 125 of Code of Criminal Procedure, 1973 by the Supreme Court in which it was declared by the Apex court that she was entitled for maintenance even after the completion ofiddatperiod.

# 1995- Sarla Mudgal v. Union of India
In this case, Justice Kuldip Singh reiterated the need for the Parliament to frame a Uniform Civil Code, which would help the cause of national integration by removing contradictions based on ideologies. Therefore, the responsibility entrusted on the State under Article 44 of the Constitution whereby a Uniform Civil Code must be secured has been urged by the Supreme Court repeatedly as a matter of urgency.

# 2000 – Supreme Court advocates UCC
The case of Lily Thomas v. Union of India (2000),where the Supreme Court said it could not direct the centre to introduce a UCC.

# 2015 – The Debate lives through
The apex court refused to direct the government to take a decision on having a UCC.

# 2016 – Triple Talaq Debate
When PM asked the Law Commission to examine the issue.

# 2017 – Ruling of the Triple Talaq case
Triple Talaq (Talaq -e- biddat) was declared unconstitutional on August 22, 2017.

UCC vs. Right to Freedom of Religion

  1. Article 25 lays down an individual’s fundamental right to religion
  2. Article 26(b) upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”
  3. Article 29 defines the right to conserve distinctive culture

Reasonable restrictions on the Freedom of Religion

  • An individual’s freedom of religion under Article 25 is subject to “public order, health, morality” and other provisions relating to FRs, but a group’s freedom under Article 26 has not been subjected to other FRs.
  • In the Constituent Assembly, there was division on the issue of putting UCC in the fundamental rights chapter. The matter was settled by a vote.
  • By a 5:4 majority, the fundamental rights sub-committee headed by Sardar Patel held that the provision was outside the scope of FRs and therefore the UCC was made less important.

Minority Opinion in the Constituent Assembly

  • Some members sought to immunize Muslim Personal Law from state regulation.
  • Mohammed Ismail, who thrice tried unsuccessfully to get Muslim Personal Law exempted from Article 44, said a secular state should not interfere with the personal law of people.
  • B Pocker Saheb said he had received representations against a common civil code from various organizations, including Hindu organizations.
  • Hussain Imam questioned whether there could ever be uniformity of personal laws in a diverse country like India.
  • B R Ambedkar said “no government can use its provisions in a way that would force the Muslims to revolt”.
  • Alladi Krishnaswami, who was in favour of a UCC, conceded that it would be unwise to enact UCC ignoring strong opposition from any community.
  • Gender justice was never discussed in these debates.

Enacting and Enforcing UCC

  • Fundamental rights are enforceable in a court of law.
  • While Article 44 uses the words “state shall endeavour”, other Articles in the ‘Directive Principles’ chapter use words such as “in particular strive”; “shall in particular direct its policy”; “shall be obligation of the state” etc.
  • Article 43 mentions “state shall endeavour by suitable legislation” while the phrase “by suitable legislation” is absent in Article 44.
  • All this implies that the duty of the state is greater in other directive principles than in Article 44.

What are more important — fundamental rights or directive principles?

  • There is no doubt that fundamental rights are more important.
  • The Supreme Court held in Minerva Mills (1980): Indian Constitution is founded on the bed-rock of the balance between Parts III (Fundamental Rights) and IV (Directive Principles).
  • To give absolute primacy to one over the other is to disturb the harmony of the Constitution.
  • Article 31C inserted by the 42nd Amendment in 1976, however, lays down that if a law is made to implement any directive principle, it cannot be challenged on the ground of being violative of the FRs under Articles 14 and 19.

What about Personal Laws?

  • Citizens belonging to different religions and denominations follow different property and matrimonial laws which are an affront to the nation’s unity.
  • If the framers of the Constitution had intended to have a UCC, they would have given exclusive jurisdiction to Parliament in respect of personal laws, by including this subject in the Union List.
  • “Personal Laws” are mentioned in the Concurrent List.

Various customary laws

  • All Hindus of the country are not governed by one law, nor are all Muslims or all Christians.
  • Muslims of Kashmir were governed by a customary law, which in many ways was at variance with Muslim Personal Law in the rest of the country and was, in fact, closer to Hindu law.
  • Even on registration of marriage among Muslims, laws differ from place to place.
  • In the Northeast, there are more than 200 tribes with their own varied customary laws.
  • The Constitution itself protects local customs in Nagaland. Similar protections are enjoyed by Meghalaya and Mizoram.
  • Even reformed Hindu law, in spite of codification, protects customary practices.

 Why need UCC?

  • UCC would provide equal status to all citizens
  • It would promote gender parity in Indian society.
  • UCC would accommodate the aspirations of the young population who imbibe liberal ideology.
  • Its implementation would thus support the national integration.

Hurdles to UCC implementation

  • There are practical difficulties due to religious and cultural diversity in India.
  • The UCC is often perceived by the minorities as an encroachment of religious freedom.
  • It is often regarded as interference of the state in personal matters of the minorities.
  • Experts often argue that the time is not ripe for Indian society to embrace such UCC.

These questions need to be addressed which are being completely ignored in the present din around UCC.

  1. Firstly, how can uniformity in personal laws are brought without disturbing the distinct essence of each and every component of the society.
  2. Secondly, what makes us believe that practices of one community are backward and unjust?
  3. Thirdly, has other uniformities been able to eradicate inequalities which diminish the status of our society as a whole?

Way forward

  • It should be the duty of the religious intelligentia to educate the community about its rights and obligations based on modern liberal interpretations.
  • A good environment for the UCC must be prepared by the government by explaining the contents and significance of Article 44 taking all into confidence.
  • Social reforms are not overnight but gradual phenomenon. They are often vulnerable to media evils such as fake news and disinformation.
  • Social harmony and cultural fabric of our nation must be the priority.

Conclusion

  • The purpose behind UCC is to strengthen the object of “Secular Democratic Republic” as enshrined in the Preamble of the Constitution.
  • This provision is provided to effect the integration of India by bringing communities on a common platform on matters which are at present governed by diverse personal laws.
  • Hence UCC should be enforced taking into confidence all the sections of Indian society.

 

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Parliament – Sessions, Procedures, Motions, Committees etc

What is the Doctrine of Pleasure?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Doctrine of Pleasure

Mains level: Not Much

The Kerala Governor has sought dismissal of a minister from the Cabinet, declaring that he has withdrawn the pleasure of having him in the Council of Ministers.

Doctrine of Pleasure: The concept behind

  • The pleasure doctrine is a concept derived from English common law.
  • It says is that a civil servant of the Crown holds office during the pleasure of the Crown.
  • This means his services can be terminated at any time by the Crown, without assigning any reason.

How is it practised in India?

  • In India, Article 310 of the Constitution says every person in the defence or civil service of the Union holds office during the pleasure of the President.
  • Similarly, every member of the civil service in the States holds office during the pleasure of the Governor.
  • However, Article 311 imposes restrictions on the removal of a civil servant.

How arbitrary is this doctrine?

  • It provides for civil servants being given a reasonable opportunity for a hearing on the charges against them.
  • There is also a provision to dispense with the inquiry if it is not practicable to hold one, or if it is not expedient to do so in the interest of national security.
  • In practical terms, the pleasure of the President referred to here is that of the Union government, and the Governor’s pleasure is that of the State government.

Is the governor entitled to exercise his/her displeasure?

  • Under Article 164, the Chief Minister is appointed by the Governor; and the other Ministers are appointed by the Governor on the CM’s advice.
  • It adds that Ministers hold office during the pleasure of the Governor.
  • In a constitutional scheme in which they are appointed solely on the CM’s advice, the ‘pleasure’ referred to is also taken to mean the right of the CM to dismiss a Minister, and not that of the Governor.

Why in news now?

Ans. Issue over appointment of Vice-Chancellor

  • The latest controversy has arisen after the Governor sought the resignation of several vice-chancellors following a Supreme Court judgment.
  • The V-C’s appointment of a technical university was contrary to the regulations of the University Grants Commission (UGC).
  • The appointment Committee had identified only one candidate and recommended the name to the Chancellor for appointment.
  • However, under UGC regulations, a panel of three to five names should be recommended so that the Chancellor has a number of options to choose from.

How is Governor involved in this?

  • The Governor, in his capacity as Chancellor of universities, responded by directing the V-Cs of nine universities to resign the very next day.
  • He contended that the infirmities pointed out by the Supreme Court in one case also vitiated their appointments.

 

 

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Wildlife Conservation Efforts

Dolphins return to the Ganga

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Gangetic Dolphin

Mains level: Not Much

dolphin

Dolphins have started coming back to the Ganga with improvement in the quality of the river water made possible by the Namami Gange Programme.

About Gangetic Dolphin

  • The Gangetic river system is home to a vast variety of aquatic life, including the Gangetic dolphin (Platanista gangetica).
  • It is one of five species of river dolphin found around the world.
  • It is found mainly in the Indian subcontinent, particularly in Ganga-Brahmaputra-Meghna and Karnaphuli-Sangu river systems.
  • An adult dolphin could weigh between 70 kg and 90 kg. The breeding season of the Gangetic dolphin extends from January to June.
  • They feed on several species of fishes, invertebrates etc.

Threats to Gangetic dolphins

  • The construction of dams and barrages and increasing pollution has led to a decline in the population of aquatic animals in the rivers in general and of dolphins in particular.
  • Aquatic life is an indicator of the health of river ecosystems.
  • As the Gangetic dolphin is at the top of the food chain, protecting the species and its habitat will ensure

How are they conserved?

  • Although efforts to save them were started in the mid-1980s, the estimates suggest the numbers have not risen as a result.
  • The Gangetic dolphin remains listed as Endangered by the IUCN.
  • After the launch of Ganga Action Plan in 1985, the government on November 24, 1986, included Gangetic dolphins in the First Schedule of the Indian Wildlife (Protection), Act 1972.
  • This was aimed at checking hunting and providing conservation facilities such as wildlife sanctuaries.
  • For instance, Vikramshila Ganges Dolphin Sanctuary was established in Bihar under this Act.
  • It has been recognized as National Aquatic Animal of India.

Policy moves for conservation

  • The government had prepared The Conservation Action Plan for the Ganges River Dolphin 2010-2020.
  • The National Mission for Clean Ganga celebrates October 5 as National Ganga River Dolphin Day.
  • There is also Project Dolphin on the lines of Project Tiger, which has helped increase the tiger population.

 

Try this PYQ:

Which one of the following is the national aquatic animal of India?

(a) Saltwater crocodile

(b) Olive ridley turtle

(c) Gangetic dolphin

(d) Gharial

 

Post your answers here.

 

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Innovations in Biotechnology and Medical Sciences

GI in news: Kalanamak Rice

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Kalanamak Rice

Mains level: NA

kalanamak

Kalanamak, a traditional variety of paddy is all set to get a new look and name.

Kalanamak Rice

  • Kalanamak rice is a paddy with black husk and strong fragrance, which is considered a gift from Lord Buddha to the people of Sravasti when he visited the region after enlightenment,
  • It is grown in 11 districts of the Terai region of northeastern Uttar Pradesh and in Nepal.
  • The traditional Kalanamak rice is protected under the Geographical Indication (GI) tag
  • It’s recorded in the GI application that Lord Budhha gifted Kalanamak paddy to the people of Sravasti so that they remembered him by its fragrance.

What is the upgrade?

  • The traditional paddy has been prone to ‘lodging’, a reason for its low yield.
  • Lodging is a condition in which the top of the plant becomes heavy because of grain formation, the stem becomes weak, and the plant falls on the ground.
  • Addressing the problem, the Indian Agriculture Research Institute (IARI) has successfully developed two dwarf varieties of Kalanamak rice.
  • They have been named Pusa Narendra Kalanamak 1638 and Pusa Narendra Kalanamak 1652.

Back2Basics:  Geographical Indication

  • A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
  • Nodal Agency: Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry
  • India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 w.e.f. September 2003.
  • GIs have been defined under Article 22 (1) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
  • GI is granted for a term of 10 years in India. As of today, more than 300 GI tags has been allocated so far in India (*Wikipedia).
  • The tag stands valid for 10 years.

 

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Issues related to Economic growth

Road to Net Zero Goes Via Green Financing

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Green Financing, India's Net Zero 2070 objective

financing

Context

  • Climate finance, or Green Money, remains a critical bottleneck for India in its journey towards the Net Zero 2070 objective and to create a resilient system through climate adaptation and mitigation. The challenge is daunting to make a climate transition for a nation of 1.4 billion people with increasing aggregate national income and individual wealth inequality.

What is the Present arrangement of external financing for climate change

  • Estimated cost: Finances for climate change were to be channelized through multi-tiered systems in the form of national, regional, and international bodies. It has been estimated that India will need $15 trillion to finance its Net Zero journey.
  • Concessional loans: In most cases, small amounts flowing now into the developing component of the G20 nations are actually in the form of concessional loans rather than grants.
  • Technological support from developed countries: There is no doubt that India will need international financial commitments and technological support from developed countries, who have been erratic with their promised deliveries so far.

What is green financing?

  • Green finance is a phenomenon that combines the world of finance and business with environment friendly behavior. It may be led by financial incentives, a desire to preserve the planet, or a combination of both.
  • In addition to demonstrating proactive, environment friendly behavior, such as promoting of any business or activity that could be damaging to the environment now or for future generations.

Green financing through domestic market

  • Status of Green Bonds: As for domestic financial sources, according to an RBI Bulletin from January 2021, green finance in India is still at the nascent stage. Green bonds constituted only 0.7% of all the bonds issued in India since 2018, and bank lending to the non-conventional energy constituted about 7.9% of outstanding bank credit to the power sector as of March 2020.
  • Provision of Green loans: The report also mentioned that the development of green financing and funding of environment-friendly sustainable development is not without challenges, which may include false compliance claims, misuse of green loans, and, most importantly, maturity mismatches between long-term green investments and relatively short-term interests of investors.

financing

What are the challenges to green financing?

  • No assessment of climate finance risk: Research report indicates that banks in India, like in many parts of the world, are not prepared to adapt to climate change; and have not yet factored in any climate-related financial risks into their day-to-day decision-making. Some of the criteria used to assess the banks include a commitment to phase out investments in coal, disclosing and verifying direct and indirect emissions, issuing green loans, financing climate mitigation, and Net Zero targets for different types of emissions and their implementation plans.
  • Lack of enthusiasm among bankers: The report is also critical that none of the 34 banks have tested the resilience of their portfolios in the face of climate change. Yet, the bankers’ noise around the green finance topic is euphorically loud, without action.
  • No standard definition of green financing: These banks and financial institutions are also not geared up for financing green transition. India faces the big challenge of “how to define green”, as there is no uniform green definition and green taxonomy.
  • Poor debt market for green finance: The green money is generated through largely debt-based products (green bonds, climate policy performance bonds, debt for climate swaps, etc.), while the fund deployment occurs through debt-based, equity-based, and often, insurance-based instruments, apart from grants and loans. However, the Indian market lacks the depth of its debt markets or the heft of the bond markets.
  • Lack of green data governance: There is an inherent problem with “green data governance” that entails tracking the entire data-chain of a green financing initiative.
  • Unviable green projects: Like many other private sectors funding, the banks look at rates of return that do not really often make financing “public goods” as viable investments. They are even apprehensive about financing projects with long gestation periods with uncertain returns.

financing

What is way forward for green financing?

  • Considering social cost of carbon: An economic return alone might not be sufficient to induce green financing. A more holistic rate of return, considering the social cost of carbon, will be appropriate.
  • Return on green investment should include social returns: A longer time horizon will be needed for the cost-benefit analysis and the estimation of the return on investment. This is because, for climate-related projects, the returns increase over time. The extent to which the particular project could result in CO2 reduction and, eventually reduction in the social cost of carbon need to be assessed. As an example, India intends to reduce 1 billion Tonnes of CO2. The present social cost of CO2 (SCC) is $86/tonne. Therefore, the sheer economic gain is to the tune of $86 billion, or 2.1% of the current Indian GDP. Social cost saving is a public good and is enjoyed by all businesses, including the financial institutions.
  • Applying the green taxation: Hence, for a stronger business case for climate finance, experts propose to include in its Return-on-investment calculations the cost-benefit returns of the project through NPVSCC20 the Net Present Value of Social Cost of Carbon over 25 years of the project, a time period that compares well with tenor of infra and sovereign bonds. As an incentive, the government could introduce taxation sops for using NPVSCC25.

financing

You may want to know about Net Zero

  • Net zero means cutting greenhouse gas emissions to as close to zero as possible, with remaining emissions re-absorbed by oceans/ forests.
  • China, US, EU and India contribute 75% of total GHG emissions
  • However, per capita GHG emissions for US, EU and China are7,3 and 3 times of India
  • India has set target to achieve net zero emissions by 2070.

Conclusion

  • The way India finances its journey to Net Zero 2070 could very well be a framework for other nations, for it would need to have contours of social inclusion, economic flexibility, and sustainable financing, while keeping in mind the political compulsions, as well as serving the demographic requirements of creating and sustaining livelihood in decades to come.

Mains Question

Q. Green financing is the most crucial part of achieving Net zero target. Comment. What are the India’s efforts to finance its climate action goals?

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Death Penalty Abolition Debate

Reframing the Guidelines of Capital Punishment

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Issues over Capital punishment

Capital

Context

  • CJI, Justice Lalit had displayed unique sensitivity to the plight of the condemned ‘death row prisoners’ in Anokhi Lal vs State of M.P. (2019), Irfan vs State of M.P., Manoj and Ors vs State of M.P. (May 2022) and impart corrections in the form of creative directions/guidelines.

What is capital punishment?

  • Capital punishment, sometimes called death penalty, is execution of an offender sentenced to death after conviction by a court of law for a criminal offense.
  • It should be distinguished from extrajudicial executions carried out without due process of law.
  • The term death penalty is sometimes used interchangeably with capital punishment, though imposition of the penalty is not always followed by execution, because of the possibility of commutation to life imprisonment.

Capital

Background of capital punishment

  • Bachan Singh case: In Jagmohan Singh vs State of UP’ (1973), then in ‘Rajendra Prasad vs State of UP’ (1979), and finally in ‘Bachan Singh vs State of Punjab’ (1980) the Supreme Court affirmed the constitutional validity of the death penalty.
  • Punishment according to fair procedure: It said that if capital punishment is provided in the law and the procedure is a fair, just and reasonable one, the death sentence can be awarded to a convict.
  • Rarest of rare case: This will, however, only be in the “rarest of rare” cases, and the courts should render “special reasons” while sending a person to the gallows.

What is “rarest of rare” case?

  • The principles of what would constitute the “rarest of rare” were laid down by the top court in the landmark judgment in ‘Bachan Singh’.
  • Two prime questions, the top court held, may be asked and answered:
  • First: is there something uncommon about the crime which renders the sentence of imprisonment for life inadequate and calls for a death sentence?
  • Second: are there circumstances of the crime such that there is no alternative but to impose the death sentence even after according to maximum weightage to the mitigating circumstances which speak in favor of the offenders?

Why existing guidelines are problematic?

  • Arbitrary sentencing: There has long been a judicial crisis in death penalty sentencing on account of unprincipled sentencing, arbitrariness and worrying levels of subjectivity. The crisis has been acknowledged by the Supreme Court, the Law Commission of India, research scholars and civil society groups.
  • Crime-centric nature: Death penalty sentencing has been, by and large, crime-centric. This approach goes against the requirements imposed on sentencing judges by the Supreme Court in Bachan Singh (1980).
  • Nature of crime a dominant consideration: An important reason for the breakdown is that factors relating to the crime the nature of the crime and its brutality are often dominant considerations, and there is barely any consideration of mitigating factors.
  • Little discussion on mitigating factors: There has been very little discussion on bringing the socioeconomic profile of death row prisoners as a mitigating factor into the courtroom.

capital

What are new guidelines through recent judgement?

  • Considering Potential mitigating circumstances: The focus here is on reframing ‘Framing Guidelines Regarding Potential Mitigating Circumstances to be Considered While Imposing Death Sentences’, a decision authored by the three judge Bench (the current CJI and Justices Ravindra Bhat and Sudhanshu Dhulia, September 19, 2022).
  • Seeking remedies beyond Legislative and judicial limitation: Such a reference to a larger Bench would constitute yet another step in the direction of death penalty sentencing justice reform such as the legislative limitation flowing from Section 354(3) in the Code of Criminal Procedure; judicial limitation flowing from the ‘rarest of rare’ case; and ‘oral hearing’ after all the remedies to the condemned are exhausted.
  • Mitigating factors are important: Justice Ravindra Bhat did not stop at paying lip service to ‘rarest of rare’ case limitation, but also required the sentencing court to take the trouble of balancing the aggravating factors and mitigating factors, as per the full Bench ruling.
  • The following observations of the Court are significant: “It is also a fact that in all cases where imposition of capital sentence is a choice of sentence, aggravating circumstances would always be on record, and would be part of [the] prosecutor’s evidence, leading to conviction, whereas the accused can scarcely be expected to place mitigating circumstances on the record, for the reason that the stage for doing so is after conviction.
  • Granting real and meaningful opportunity: The three judge Bench decision seems to have gone beyond sentencing incongruities when it observes: “This court is of the opinion that it is necessary to have clarity in the matter to ensure a uniform approach on the question of granting real and meaningful opportunity, as opposed to formal hearing to the accused/convict on the issue of sentence.”

Conclusion

  • Free, fair and transparent opportunity has been given to accused while awarding the death sentence. Supreme court of India has rightly laid down the guidelines through judgement for sentencing the capital punishment to prevent the arbitrary use and misuse of capital punishment.

Mains Question

Q. What are the issues with death penalty guidelines in India? What are the new guidelines by SC regarding capital punishment?

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

Revitalizing India’s Spectrum Policy

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Telecom Spectrum

Mains level: Spectrum policy, auctions, Digital divide, issues and Solutions

Spectrum

Context

  • It is widely acknowledged that spectrum policy in India has had ups and downs, regretfully more downs than ups. Despite the recognized failure, India hosts 800 million internet users and host the second-largest telecommunications network in the world. We wonder what might have been achieved with a more reasonable and transparent spectrum policy.

Background

  • On September 22, the government released the draft Indian Telecommunication Bill, 2022 seeking to replace the colonial era Indian Telegraph Act, 1885.
  • The draft bill compares spectrum to aatma: “In a way, spectrum is similar to aatma, like aatma, spectrum too does not have any physical form, yet it is omnipresent.” And yet there is one immutable difference in this material world. While the value of aatma is inestimable, spectrum has always had a banal price tag associated with it.

Spectrum

What is Draft Indian Telecommunication Bill, 2022?

  • The draft Indian Telecommunication Bill, 2022 is an attempt by the Department of Telecommunications (DoT) to consolidate various legislations presently governing the telecommunication landscape in India.
  • The Bill seeks to replace three laws, the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933 and the Telegraph Wires (Unlawful Possession) Act, 1950.
  • The new regulatory framework is to bring the law at par with technological advancements and remove obsolete provisions from the colonial era laws.

What is mean by Spectrum?

  • In physics, it’s a word that describes the distribution of something, like energy or atomic particles
  • Spectrum refers to the invisible radio frequencies that wireless signals travel over. Devices such as cell phones and wireline telephones require signals to connect from one end to another.
  • These signals are carried on airwaves, which must be sent at designated frequencies to avoid any kind of interference. The frequencies we use for wireless are only a portion of what is called the electromagnetic spectrum.
  • The Union government owns all the publicly available assets within the geographical boundaries of the country, which also include airwaves.
  • With the expansion in the number of cell phones, wireline telephone and internet users, the need to provide more space for the signals arise from time to time.

The status of Spectrum policy in India?

  • Host the second largest telecommunications network despite of failures:
  • It is widely acknowledged that spectrum policy in India has had ups and downs, it has for the most part failed to capitalize on the ubiquity of the electromagnetic spectrum to provide meaningful connectivity to all citizens.
  • Despite the recognized failure, we boast of a billion plus mobile subscribers, 800 million internet users and host the second-largest telecommunications network in the world.
  • Ineffective access widening space of digital divide:
  • The intent of the draft bill is to correct past sins so that the benefits of spectrum and technology are better shared, and the quality of access improved for everybody.
  • In other words, since effective access to spectrum has remained a significant barrier to facilitating meaningful connectivity for Indians.
  • Spectrum’s potential is huge but with technical limitations:
  • The draft bill rightly refers to the spectrum as having the characteristics of a public good. It is also an inexhaustible resource. But while spectrum per se is not depletable, there are technical limitations to its optimum utilization at a given point in time.
  • Consequently, it is viewed as a scarce natural resource and what’s more, expensive auctions have made the spectrum dear and arguably exclusionary.
  • High cost of spectrum acquisition:
  • Since 2010, the government has consistently used auctions for spectrum allocation and in only one of the seven auctions held since then, the government was successful in selling 100 per cent of the available spectrum. One reason for this lukewarm response, barring the 2010 auction, is the high cost of spectrum acquisition.
  • High cost of auctions leading to revenue loss for the government:
  • Due to the high reserve price, the most recent auction witnessed spectrum being sold at the reserve price, effectively rendering the basis of an auction moot.
  • If almost all spectrum was sold at its reserve price, and a significant amount goes unsold, it implies that the price was too high, to begin with. It also implies a loss of revenue for the government for spectrum unsold is spectrum squandered.
  • Finally, it results in areas being underserved or unserved affecting quality and quantity.
  • High network charges by operators impacts compromising equal distribution and quality:
  • According to one estimate, at 7.6 per cent of their aggregate revenue, spectrum cost in India is amongst the most expensive in the world.
  • Since network operators incur a significantly higher cost for spectrum compared to other emerging markets, the ability to invest in network upgradation and infrastructure is severely impacted, resulting in uneven distribution of service and poor quality to boot.

Spectrum

What Could be the fresh approach?

  • Acknowledging and addressing the issues:
  • It must be recognized that the spectrum needs to be combined with other infrastructure to enable service delivery.
  • The cost of deploying other infrastructure in remote areas is nearly twice as much, while revenue opportunities are far lower, damaging if not destroying the prospects of rural businesses. Plugging the digital divide, therefore, needs a fresh approach.
  • Correcting the cost of spectrum and boosting investment:
  • Since licences and spectrum are typically assigned for service areas that are, for the most part, identified by state boundaries.
  • Since operators predominantly cater to urban markets, the spectrum in remote areas remains under- or in places un-utilized due to a lack of investment in allied infrastructure.
  • Reviving the old and executing the fresh provisions enshrined in draft bill for equitable sharing:
  • The draft bill incorporates practical provisions on the spectrum such as use it, share it, or lose it – an awaited policy that, however, needs innovative support to be successful. The idea of “niche operators” providing services including to telecom operators and manufacturers, introduced in 2005, needs revival in this regard.
  • If licensed operators are unable to utilise the assigned spectrum, the same could be given to local entrepreneurs who understand the needs of rural customers and are better placed to develop a more effective business case more quickly than the larger telcos. Active promotion of the idea of niche operators might just jolt operators out of their lethargy towards rural services.
  • Adopting innovative methods:
  • Alternatively, the government may explore innovative methods of spectrum access such as a non-competitive licensing framework for certain specific use cases.
  • Canada, for instance, has initiated consultations on a non-competitive local licensing framework in the 3900-3980 MHz Band and portions of the 26, 28 and 38 GHz bands to inter alia facilitate broadband connectivity in rural areas.
  • Emphasizing on Transparency and enhancing healthy competition:
  • The government should build an ecosystem that inspires trust so that transparency in assignment can be secured at a reasonable price for operators with strict service obligations without the phantasm of auctions.
  • At the same time, there should be no unsold spectrum. Niche operators should be invoked to engender competition, and government could yet collect revenue for itself.

Spectrum

Conclusion

  • The telecom is no longer an end in itself. It exists for user industries much more than ever before. The spill over benefits are far greater than what the sector commands within. Thus, to state the obvious, the vision that is “Digital India” can never be realized if affordable broadband connectivity remains only within the reach of a few.

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Terrorism and Challenges Related To It

UAPA gave an impetus to fight against terror: PM

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Unlawful (Activities) Prevention Act (UAPA)

Mains level: Misuse of UAPA

The Prime Minister has said that Central laws such as the Unlawful Activities (Prevention) Act (UAPA) had given an impetus to the system in a decisive fight against terrorism.

What is Unlawful (Activities) Prevention Act (UAPA)?

  • The UAPA is aimed at effective prevention of unlawful activities associations in India.
  • Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
  • It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
  • It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
  • Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.

What are Unlawful Activities and Associations?

  • The UAPA lays down the definitions and rules for designating an organisation as an “unlawful association” if it is engaged in certain types of activities.
  • Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”.
  • The government can then issue a notification designating such an organisation as a terrorist organisation, if it believes that the organisation is part of “terrorist activities.”

(1) Unlawful Activites

  • Under section 2(o) of the UAPA, an unlawful activity in relation to an individual or association means – Any action taken by such an individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), –
  1. Works for the Cession of a part of the territory of India or the secession of a part of the territory of India from the Union
  2. Disclaims, questions, disrupts or is intended to Disrupt the sovereignty and territorial integrity of India; or
  3. which causes or is intended to cause Disaffection against India;
  • Related and ancillary acts, including financing, support or promotion of any such activities are also “unlawful activity”.

(2) Unlawful Association

The UAPA also defines an “Unlawful Association” under section 2(p) as meaning any association,–

  1. which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity or
  2. which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity

Reported abuse of UAPA

  • The PUCL report studied data from the National Crime Records Bureau (NCRB) from 2015 to 2020.
  • It has found per-case conviction rate under the UAPA was 27.57% compared with 49.67% in Indian Penal Code (IPC) cases.
  • The per-arrestee conviction rate was just 2.8% against 22.19% in IPC cases.
  • This is far less to figure of the success of having UAPA.

Cases registered under UAPA

  • During the check period, 5,924 cases were registered and 8,371 persons arrested.
  • The National Investigation Agency, on its website, had listed 456 cases of which 78% involved UAPA charges.

Other issues with UAPA

  • Burden of proof: With such high barriers of proof, it is now impossible for an accused to obtain bail, and is in fact a convenient tool to put a person behind bars indefinitely.
  • No interim bail: As a consequence of UAPA being applied, the accused cannot even get bail.
  • Traitor branding: This is being abused by the government, police and prosecution liberally: now, all dissenters are routinely implicated under charges of sedition or criminal conspiracy and under the UAPA.
  • Fake and framed cases: In multiple instances, evidence is untenable, sometimes even arguably planted, and generally weak overall.

Way forward

  • Even within the constraints of the UAPA, much can be achieved if a responsive and independent judiciary follows the basic principles of natural justice and due process.
  • The governments need to consider the issue of pendency of cases under UAPA and take steps to address the issues by either repealing certain provisions or ensuring speedy trials.

Conclusion

  • Terrorism is no petty crime.
  • It is sometimes necessary to infringe on due process of a few citizens in order to protect the larger humanity.

 

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