Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Criticism of AFSPA
Context
The Centre on Thursday significantly reduced the footprint of the Armed Forces Special Powers Act (AFSPA), 1958 in the Northeast, withdrawing it entirely from 23 districts in Assam; and partially from seven districts in Nagaland, six districts in Manipur, and one district in Assam.
Background of AFSPA
- AFSPA was adopted in 1958 during the early days of the Naga uprising to apply to what was then the state of Assam and the union territory of Manipur.
- The counterinsurgency campaigns against the Nagas were counterproductive.
- In the following decades, as new states were formed in Northeast India, AFSPA was amended to accommodate the names of those states.
Provision under AFSPA, 1958
- AFSPA allows civilian authorities to call on the armed forces to come to the assistance of civil powers.
- Sweeping powers to armed forces: Once a state — or a part of a state — is declared “disturbed” under this law, the armed forces can make preventive arrests, search premises without warrants, and even shoot and kill civilians.
- Approval of central government for legal action: Legal action against those abusing these powers requires the prior approval of the central government — a feature that functions as de facto immunity from prosecution.
Issues with AFSPA
- Critics charge that it effectively suspends fundamental freedoms and creates a de facto emergency regime.
- In 2012, a petition was filed in the Supreme Court to investigate as many as 1,528 cases of fake encounters that allegedly occurred in the state between 1979 and 2012.
- Supreme Court appointed a three-member commission to inquire into the first six of the 1,528 cases in the petition.
- Its interim judgment of July 2016 said that “there is some truth in the allegations, calling for a deeper probe”.
- In the court’s view, AFSPA clearly provided the context for these killings.
Demand for changes and repeal
- When the Supreme Court pronounced AFSPA constitutional in 1997, it also recommended some changes.
- Among them was the stipulation that a “disturbed area” designation be subjected to review every six months.
- In some parts of Northeast India, AFSPA is now routinely extended every six months. But there is little evidence that any meaningful review occurs at those times.
- In 2004, the then central government set up a five-member committee under former Supreme Court Justice Jeevan Reddy, which submitted its report in 2005 recommending the repeal of AFSPA, calling it “highly undesirable”, and saying it had become a symbol of oppression.
- Subsequently, the Second Administrative Reforms Commission, headed by Veeerapa Moily, endorsed these recommendations.
Conclusion
One must welcome the government’s announcement to reduce the number of such areas. But not to consider the repeal of this law, which is now almost as old as the Republic, is a missed opportunity to reflect on why this law has or has not been successful, and to learn from this history and strengthen the foundation of our democracy.
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From UPSC perspective, the following things are important :
Prelims level: ETCA
Mains level: India-Australia relations
India and Australia signed an Economic Cooperation and Trade Agreement (ECTA) in the presence of PM Narendra Modi and his counterpart in Canberra Scott Morrison.
India-Australia ECTA
- It is the first trade agreement of India with a developed country after more than a decade.
- The Agreement encompasses cooperation across the entire gamut of bilateral economic and commercial relations between the two friendly countries.
- It covers areas like Trade in Goods, Rules of Origin, Trade in Services, Technical Barriers to Trade (TBT), Sanitary and Phytosanitary (SPS) measures, Dispute Settlement, Movement of Natural Persons, Telecom, Customs Procedures, Pharmaceutical products, and Cooperation in other Areas.
- Eight subject specific side letters covering various aspects of bilateral economic cooperation were also concluded as part of the Agreement.
Background of the ECTA
- The negotiations for India-Australia ECTA were formally re-launched on 30 September 2021 and concluded on a fast-track basis by the end of March 2022.
- India and Australia enjoy excellent bilateral relations that have undergone transformative evolution in recent years, developing along a positive track, into a friendly partnership.
- Growing India-Australia economic and commercial relations contribute to the stability and strength of a
- Australia is the 17th largest trading partner of India and India is Australia’s 9th largest trading partner.
Features of the agreement
- The ECTA between India and Australia covers almost all the tariff lines dealt in by India and Australia respectively.
- India will benefit from preferential market access provided by Australia on 100% of its tariff lines.
- This includes all the labour-intensive sectors of export interest to India such as Gems and Jewellery, Textiles, leather, footwear, furniture, food, and agricultural products, engineering products, medical devices, and Automobiles.
- India will be offering preferential access to Australia on over 70% of its tariff lines, including lines of export interest to Australia which are primarily raw materials and intermediaries such as coal, mineral ores and wines etc.
- As regards trade in services, Australia has offered wide ranging commitments in around 135 sub sectors and Most Favoured Nation (MFN) in 120 sub sectors which cover key areas of India’s interest like IT, ITES, Business services, Health, Education, and Audio visual.
- Both sides have also agreed to a separate Annex on Pharmaceutical products under this agreement, which will enable fast track approval for patented, generic and biosimilar medicines.
Way ahead
- The India-Australia ECTA will further cement the already deep, close and strategic relations between the two countries.
- It will significantly enhance bilateral trade in goods and services, create new employment opportunities, raise living standards, and improve the general welfare of the peoples of the two countries.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Bifurcation of Punjab
Mains level: Read the attached story
The newly elected Punjab Legislative Assembly passed a resolution, moved by the Chief Minister himself, on April 1 in a special session seeking the transfer of Chandigarh to Punjab.
With this, the ‘Chandigarh question’ has resurfaced, but this time it occupies the national spotlight.
Establishment of Chandigarh
- Chandigarh is described as a ‘planned city’ emblematic of ‘Nehruvian modernity’.
- It is a greenfield city, which was commissioned by the government in independent India to replace Lahore, which went to Pakistan after Partition, as the capital of Punjab.
- Designed by Le Corbusier in association with Pierre Jeanneret, it is located on the foothills of the Shivalik Himalayas on village land acquired from what was then the Kharar tehsil of Ambala district.
- It was the capital of undivided Punjab from its inauguration in 1953 till 1966.
Bifurcation of Punjab and Common Capital
- Under the Punjab Reorganisation Act, 1966 following the Punjabi Suba movement, Haryana was carved out of the Hindi-speaking regions as a separate State.
- The hill regions of Punjab were merged with what was then the Union Territory (UT) of Himachal Pradesh.
- Chandigarh was made a UT and has remained the joint capital of Haryana and Punjab with State assets divided between Punjab and Haryana in a ratio of 60:40.
What is the Chandigarh issue?
- Since 1966, the lack of full rights to its capital has remained a vexed issue in Punjab politics.
- All the governments and most political parties of Punjab have regularly raised the demand for Chandigarh.
- It has featured in all major developments, whether it is the 1973 Anandpur Sahib resolution, Dharam Yudh Morcha (then separatist movement) and the 1985 Rajiv-Longowal Accord.
- Since 1966, the Punjab Assembly has passed at least six such resolutions with the last being in 2014 under the Shiromani Akali Dal-Bharatiya Janata Party (SAD-BJP) government.
- The Centres’ opposition to the latest Assembly resolution is the first time a political party has taken a contrarian stand.
What is different this time?
- The immediate provocation this time has been two recent decisions of the Central government: breaking allies with erstwhile govt and withdrawal of farm laws.
- The Centre also amended the rules governing the functioning of the Bhakra Beas Management Board (BBMB), constituted under the 1966 Act.
- It changed the eligibility criteria for the two full-time members of the Board which have, though technically open to all Indian officials, by convention gone to officials from Punjab and Haryana.
- These moves are widely interpreted as a continuation of the Centre’s contentious relationship with the other political parties.
- It gives an affront blow to Punjab’s claim over Chandigarh.
What has been the position of the Union government on the city?
- At the time of the 1966 Act, the Union government with Indira Gandhi as Prime Minister indicated that the UT status to Chandigarh was temporary and that it would be transferred to Punjab.
- This decision was formalised in 1970 with Mrs Gandhi promising Haryana funds for building its own capital.
- According to the 1985 Rajiv-Longowal Accord, Chandigarh was to be handed over to Punjab on January 26, 1986 but this never fructified after the assassination of Longowal and the long period of militancy.
- The recent developments could thus indicate a shift in the Central government’s position.
What about Haryana?
- As in Punjab, all parties in Haryana present a common position asserting its claim to the city.
- It has objected to any move which associates Chandigarh solely with Punjab.
Is there a distinctive Chandigarh position?
- Employees and unions of the Chandigarh administration have mostly welcomed the change in service rules since the Central provisions carry more benefits and perks.
- After decades of existence as a UT, Chandigarh has developed a distinctive cultural character.
- Given its geographical location it has the presence of many educational institutions, medical establishments and the Army and Air Force.
- It has developed a unique cosmopolitanism and become a magnet for the youth across the north western region.
- They city residents thus favour the status quo.
Way forward
- While this time the issue has attracted more attention than usual.
- Its Punjab mandate indicates massive expectations from the electorate including better service conditions from government employees but it has inherited a debt-ridden government.
- The new govt will have to balance these contending claims in deciding further action.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Emergency Provisions
Mains level: Economic crisis in Sri Lanka
A day after angry mob converged in front of President Gotabaya Rajapaksa’s Colombo residence, demanding he step down immediately, he declared a state of Emergency in Sri Lanka.
Sri Lankan Crisis: A backgrounder
- Sri Lanka’s economic crisis can be traced to two key developments— the Easter Sunday bombings of 2019 that deterred tourists, and the pandemic since early 2020.
- These events stalled recovery and further drained the economy.
- As it grappled with an unprecedented challenge, the Rajapaksa regime made policy choices that are now proving to be costly.
- It cut the government’s tax revenue substantially and rushed into an ‘organic only’ agricultural policy that will likely slash this year’s harvest by half.
- The weak and debt-ridden economy with the lingering strain of the pandemic, and ill-advised policies accelerated the downward spiral.
What were the economic indicators?
- COVID-19 hit Sri Lanka’s key foreign revenue earning sectors hard.
- Earnings from tourism, exports, and worker remittances fell sharply in the last two years.
- But the country could not stop importing essentials, and its dollar account began dwindling.
- Fast draining foreign reserves, a glaring trade deficit, and a related Balance of Payments problem came as crucial signals.
- Colombo’s huge foreign loan obligations and the drop in domestic production compounded the economic strain.
When did things begin to worsen?
- The long-simmering crisis made its first big announcement during last August’s food emergency, when supplies were badly affected.
- It was soon followed by fears of a sovereign default in late 2021, which Sri Lanka averted.
- But without enough dollars to pay for the country’s high import bill, the island continued facing severe shortage of essentials — from fuel, cooking gas, and staple foodgrains to medicines.
How did the crisis manifest itself on the ground?
- Consumers could not find the most basic things such as petrol, LPG cylinders, kerosene, or milk in the market.
- They spent hours waiting in long queues outside fuel stations or shops.
- Supermarket shelves were either empty or had products with high price tags that most could not afford.
- For instance, the price of one kg of milk powder, a staple item in dairy-deficient Sri Lanka, suddenly shot up to nearly LKR 2000 in March.
- Be it cooking gas, oils, rice, pulses, vegetables, fish, meat, consumers found themselves paying substantially more, or simply had to forego the item.
- The fuel shortage has led to long blackouts — up to 13 hours — across the island.
What is the situation now?
- The value of the Sri Lankan rupee has dropped to 300 against a U.S. dollar (and even more than 400 in the black market), putting importers in a difficult spot.
- The government is unable to pay for its import shipments, forcing consignments to leave the Colombo port.
- For the average citizen contending with COVID-induced salary cuts and job losses, the soaring living costs have brought more agony.
How did India help mitigate the crisis?
- India has extended $2.4 billion this year.
- China, that is considering a fresh request from Colombo for $2.5 billion assistance, in addition to the $2.8 billion it has extended since the pandemic broke out.
- The government has decided to negotiate an International Monetary Fund programme, while seeking support from other multilateral and bilateral sources.
- But even with all this help, Sri Lanka can barely manage.
How has it affected the people?
- Sri Lankans are seething with anger, going by public demonstrations and protests.
- They want the President to step down immediately and the ruling clan to leave the country’s helm.
- They have been agitating in different parts of the country, including near the President’s home.
- Former military man Gotabaya Rajapaksa, who came to power on a huge mandate in 2019, is Sri Lanka’s most unpopular leader today.
- Following the protests near his home, Mr. Rajapaksa said “extremists” were plotting an ‘Arab Spring’ and hence he declared a state of Emergency.
Back2Basics: Financial Emergency in India
- The President of India can declare the Financial Emergency on the aid and advise of the Council of Ministers.
- She/ He has to be satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.
- Article 360 gives authority to the President of India to declare a financial emergency.
- However, the 44th Constitutional Amendment Act of 1978 says that the President’s ‘satisfaction’ is not beyond judicial review.
- It means the Supreme Court can review the declaration of a Financial Emergency.
Parliamentary Approval and Duration
- A proclamation of financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue.
- A resolution approving the proclamation of financial emergency can be passed by either House of Parliament (Lok Sabha or Rajya Sabha) only by a simple majority.
- Once approved by both the Houses of Parliament, the Financial Emergency continues indefinitely till it is revoked.
- It may be revoked by the President anytime without any Parliamentary approval (but with the usual aid and advice).
Effects of Financial Emergency
- During the financial emergency, the executive authority of the Center expands and it can give financial orders to any state according to its own.
- All money bills or other financial bills, that come up for the President’s consideration after being passed by the state legislature, can be reserved.
- Salaries and allowances of all or any class of persons serving in the state can be reduced.
- The President may issue directions for the reduction of salaries and allowances of: (i) All or any class of persons serving the Union and the judges of the Supreme Court and the High Court.
Try this PYQ:
Q. With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?
(a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
(b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
(c) In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.
(d) State Legislatures cannot make laws on certain matters without the concurrence of the Union Legislature.
Post your answers here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Near Field Communication (NFC)
Mains level: Not Much
Google Pay has recently launched a new feature in India, ‘Tap to pay for UPI’, in collaboration with Pine Labs. The feature makes use of Near Field Communication (NFC) technology.
What is Near Field Communication (NFC)?
- NFC is a short-range wireless connectivity technology that allows NFC-enabled devices to communicate with each other and transfer information quickly and easily with a single touch.
- It makes possible to pay bills, exchange business cards, download coupons, or share a document.
How does it work?
- NFC transmits data through electromagnetic radio fields, to enable communication between two devices. Both devices must contain NFC chips, as transactions take place within a very short distance.
- NFC-enabled devices must be either physically touching or within a few centimetres from each other for data transfer to occur.
When did NFC tech start?
- In 2004, consumer electronics companies, Nokia, Philips and Sony together formed the NFC Forum, which outlined the architecture for NFC technology to create powerful new consumer-driven products.
- Nokia released the first NFC-enabled phone in 2007.
How will this technology work with the recently launched feature, ‘Tap to pay for UPI’?
- Google Pay has been the first among UPI apps to bring the Tap to Pay feature working on POS terminals.
- It will allow users with UPI accounts configured on Google Pay to make payments just by tapping their NFC-enabled Android smartphones on any Pine Labs Android POS terminal.
- Once users tap their phones on the POS terminal, it will automatically open the Google pay app with the payment amount pre-filled.
- Users can then verify the amount and merchant name and authenticate the payment, using their UPI PIN.
- The process is much faster compared to scanning a QR code or entering the UPI-linked mobile number which has been the conventional way till now.
What are the other applications of NFC technology?
- NFC tech has a wide range of applications besides driving payment services.
- It is used in contactless banking cards to perform money transactions or to generate contact-less tickets for public transport.
- Contactless cards and readers use NFC in several applications from securing networks and buildings to monitoring inventory and sales, preventing auto theft, keeping tabs on library books,
- NFC is behind the cards that we wave over card readers in subway turnstiles and on buses to check tickets.
- It is present in speakers, household appliances, and other electronic devices that we monitor and control through our smartphones.
- With just a touch, NFC can also set up WiFi and Bluetooth devices in our homes, investopedia noted.
- It also has an application in healthcare, to monitor patient stats through NFC-enabled wristbands.
- NFC is used in wireless charging too.
How safe is this technology?
- NFC technology is designed for an operation between devices within a few centimetres from each other.
- This makes it difficult for attackers to record the communication between the devices compared to other wireless technologies which have a working distance of several metres, according to the NFC forum, a non-profit industry association.
- The user of the NFC-enabled device determines by the touch gesture which entity the NFC communication should take place with, making it more difficult for the attacker to get connected.
- The security level of the NFC communication is by default higher compared to other wireless communication protocols.
Where does it stand in comparison to other wireless technologies?
- There are other wireless technologies available which are replacing cable-based connections.
- The IrDa technology is a short range (a few metres) connection based on the exchange of data over infrared light where the two communication devices must be positioned within a line of sight.
- Today, this technology is mainly used for remote control devices. For larger data communication with computer devices this technology was replaced by Bluetooth or WiFi connections.
- However, for these technologies’ receiver devices need their own power supply due to the larger working distance.
- Therefore, the receiving device cannot be powered by the radiofrequency (RF) field like in NFC, the NFC forum highlighted.
- Another consequence of the larger working distance is the need for the user to configure their device and to pair them together for communication.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Wheat
Mains level: Indias export of agricultural commodities
Russia and Ukraine account for about 25% of the world’s wheat exports. However, Russia’s invasion of Ukraine and the subsequent Western sanctions against Moscow have curtailed wheat supplies drastically.
India eyeing the global wheat basket
- As a result of War, many countries which were sourcing wheat mainly from these two nations are now in a dire need of alternatives.
- India, the largest wheat producer after China, is reported to be eyeing the void.
- The government plans to allow increased exports to cash in on the higher price of wheat in the international market.
- With harvesting season (March to May) coinciding with the supply crunch, a bumper crop is also expected again this year.
Global wheat scenario
- While Russia and Ukraine exported 183 million tonnes (MT) and 91 MT of wheat, respectively, between 2017 and 2021, India exported just a fraction of its output, or just 12.6 MT, in the period.
- Five other countries accounted for the bulk of wheat exports in this period, including the European Union (157 MT), the U.S. (125 MT), Canada (112 MT) and Australia (83 MT).
- India, which had the second-highest wheat supply (including production, existing stocks and imports) in this period at 613 million tonnes, exported only 2% of this, with about 80% used for domestic consumption, and the rest stored.
Impact of the war
- Many countries in Africa, West Asia and Southeast Asia rely heavily on Russian and Ukrainian wheat.
- Egypt, the biggest importer of wheat, sources 93% of its needs from the East European neighbors. Indonesia, the second-largest importer, has a 30% dependence on these two nations.
- African nations such as Sudan (60% reliance), Tanzania (64%), Libya (53%), Tunisia (52%), and West Asian countries including Lebanon (77% dependency), Yemen (50%) and the UAE (42%) are also highly dependent on supplies from the two neighbors now at war.
India’s focus markets
- India is now focussing on exporting wheat to many nations such as Egypt, Turkey, Nigeria, Algeria, West Asia, Indonesia, Vietnam, Sri Lanka, Bangladesh, Thailand, the Philippines, Morocco and Tanzania.
- To give impetus to the export promotion of wheat as well as to bring focus on the challenges and bottlenecks faced in production and export, APEDA has created a task group.
Legal hurdles over Wheat Exports
- If India decides to export wheat from its stocks, some developed nations may raise objections at the World Trade Organisation.
- Already, in March, India was accused of exporting rice from its stocks.
- India had replied that its rice exports were not from stocks set aside under the public stockholding programs.
India’s consideration
- The Supreme Court in the Right to Food case, observed that the peace clause adopted in WTO’s Bali Ministerial in 2014 does not prevent India from exporting foodgrains.
- With the buffer stocks at hand, India should increase its wheat exports in order to stabilise global prices to the extent that it can.
- It is also important because the countries that were dependent on Russia and Ukraine for their wheat are looking for an alternative source.
Way ahead
- There is a need to prioritise local prices and ensure adequate supplies for domestic consumption before deciding on the quantum of exports.
- Ensuring the stability of prices in India and availability of grain for internal consumption should be of utmost priority to the Indian government
- The government should plan this move in such a way that it does not impact local consumption.
- A bumper crop of wheat is expected, so the government can procure enough for its distribution and buffer needs.
- Further, as of now, there are no export restrictions, so farmers can also get the advantage of higher prices by selling the surplus to private traders for exports.
Try this PYQ from CSP 2019:
Q. Among the agricultural commodities imported by India, which one of the following accounts for the highest imports in terms of value in the last five years?
(a) Spices
(b) Fresh fruits
(c) Pulses
(d) Vegetable oils
Answer is subjective to the year. But still you can give it a try.
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From UPSC perspective, the following things are important :
Prelims level: Raja Ravi Varma
Mains level: Not Much
Raja Rai Varma’s Draupadi Vastraharan is expected to fetch between Rs 15 and Rs 20 crore at an auction.
Who was Raja Ravi Varma?
- Raja Ravi Varma was born in April 1848 in Kilimanoor, Kerala, to a family which was very close to the royals of Travancore.
- Often referred to as the father of modern Indian art, he is widely known for his realistic portrayal of Indian gods and goddesses.
- While he majorly painted for the royalty, he is also credited for taking art to the masses with his prints and oleographs.
- At a young age, he would draw animals and everyday scenes on the walls in indigenous colours made from natural materials such as leaves, flowers and soil.
- His uncle, Raja Raja Varma, noticed this and encouraged his talent.
- Patronised by Ayilyam Thirunal, the then ruler of Travancore, he learnt watercolour painting from the royal painter Ramaswamy Naidu, and later trained in oil painting from Dutch artist Theodore Jensen.
How he became an artist of the royals?
- Varma became a much sought-after artist for the aristocrats and was commissioned several portraits in late 19th century.
- Arguably, at one point, he became so popular that the Kilimanoor Palace in Kerala opened a post office due to the sheer number of painting requests that would come in for him.
- He travelled across India extensively, for work and inspiration.
Fame as a notable painter
- Following a portrait of Maharaja Sayajirao of Baroda, he was commissioned 14 Puranic paintings for the Durbar Hall of the new Lakshmi Vilas Palace at Baroda.
- Depicting Indian culture, Varma borrowed from episodes of Mahabharata and Ramayana for the same.
- He also received patronage from numerous other rulers, including the Maharaja of Mysore and Maharaja of Udaipur.
- As his popularity soared, the artist won an award for an exhibition of his paintings at Vienna in 1873.
- He was also awarded three gold medals at the World’s Columbian Exposition in Chicago in 1893.
Nature of his artforms
- Much of his celebrated art also borrows heavily from Indian mythology.
- In fact, he is often credited with defining the images of Indian gods and goddesses through his relatable and more realistic portrayals often painted with humans as models.
- The depictions include Lakshmi as the goddess of wealth, Saraswati as the goddess of knowledge and wisdom, and Lord Vishnu with his consorts, Maya and Lakshmi.
How he took Indian art to the masses?
- Raja Ravi Varma aspired to take his art to the masses and the intent led him to open a Lithographic Press in Bombay in 1894.
- The idea, reportedly, came from Sir T Madhava Rao, former Dewan of Travancore and later Baroda, in a letter where he pointed out to Varma that since it was impossible for him to meet the large demand for his work, it would be ideal for him to send some of his select works to Europe and have them produced as oleographs.
- Varma, instead, chose to establish a printing press of his own.
- The first picture printed at Varma’s press was reportedly The Birth of Shakuntala, followed by numerous mythological figures and saints such as Adi Shankaracharya.
Try this PYQ:
Q. There are only two known examples of cave paintings of the Gupta period in ancient India. One of these is paintings of Ajanta caves. Where is the other surviving example of Gupta paintings?
(a) Bagh caves
(b) Ellora caves
(c) Lomas Rishi cave
(d) Nasik caves
Post your answers here.
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From UPSC perspective, the following things are important :
Prelims level: BIMSTEC
Mains level: Paper 2- BIMSTEC -challenges and opportunities ahead
Context
The fifth summit of the regional grouping, the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC), held virtually in Colombo on March 30, has advanced the cause of regional cooperation and integration.
Colombo package
- Economic challenges: Representing a fifth of the world’s population that contributes only 4% of the global GDP, can this multilateral grouping trigger accelerated economic development?
- It was clear that BIMSTEC first needed to strengthen itself — by re-defining its purpose and rejuvenating its organs and institutions.
- The eventual result is now seen in the package of decisions and agreements announced at the latest summit.
Achievement of Colombo Summit
- 1] Adoption of Charter: Adopted formally, it presents BIMSTEC as “an inter-governmental organization” with “legal personality.”
- BIMSTEC’s purposes: Defining BIMSTEC’s purposes, it lists 11 items in the first article.
- Among them is acceleration of “the economic growth and social progress in the Bay of Bengal region”, and promotion of “multidimensional connectivity”.
- The grouping now views itself not as a sub-regional organisation but as a regional organisation whose destiny is linked with the area around the Bay of Bengal.
- 2] Reduction in the sectors of cooperation: The second element is the decision to re-constitute and reduce the number of sectors of cooperation from the unwieldy 14 to a more manageable seven.
- Each member-state will serve as a lead for a sector: trade, investment and development (Bangladesh); environment and climate change (Bhutan); security, including energy (India); agriculture and food security (Myanmar); people-to-people contacts (Nepal); science, technology and innovation (Sri Lanka), and connectivity (Thailand).
- 3] Adoption of the Master Plan for Transport Connectivity: the summit participants adopted the Master Plan for Transport Connectivity applicable for 2018-2028.
- It was devised and backed by the Asian Development Bank (ADB).
- It lists 264 projects entailing a total investment of $126 billion.
- Projects worth $55 billion are under implementation. BIMSTEC needs to generate additional funding and push for timely implementation of the projects.
- 4] Signing of three new agreements: Finally, the package also includes three new agreements signed by member states, relating to mutual legal assistance in criminal matters, cooperation between diplomatic academies, and the establishment of a technology transfer facility in Colombo.
Challenges
- The pillar of trade, economic and investment cooperation needs greater strengthening and at a faster pace.
- Absence of FTA: Despite signing a framework agreement for a comprehensive Free Trade Agreement (FTA) in 2004, BIMSTEC stands far away from this goal.
- Lack of legal instruments: The need for expansion of connectivity was stressed by one and all, but when it comes to finalising legal instruments for coastal shipping, road transport and intra-regional energy grid connection, much work remains unfinished.
- There needs to be mention of the speedy success achieved in deepening cooperation in security matters and management of Humanitarian Assistance and Disaster Relief (HADR).
- Focus more on new areas: BIMSTEC should focus more in the future on new areas such as the blue economy, the digital economy, and promotion of exchanges and links among start-ups and Micro, Small and Medium Enterprises (MSMEs).
- Step up the personal engagement of political leadership: The personal engagement of the political leadership should be stepped up.
- The decision taken in Colombo to host a summit every two years is welcome if implemented.
- Greater visibility: BIMSTEC needs greater visibility.
- India’s turn to host the G20 leaders’ summit in 2023 presents a golden opportunity, which can be leveraged optimally. Perhaps all its members should be invited to the G20 summit as the chair’s special guests.
- Simplify the groupings name: The suggestion to simplify the grouping’s name needs urgent attention.
- The present name running into 12 words should be changed to four words only — the Bay of Bengal Community (BOBC).
- It will help the institution immensely. Brevity reflects gravitas.
Conclusion
BIMSTEC is no longer a mere initiative or programme. The question to address is whether it is now capable of tackling the challenges facing the region.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: CBI
Mains level: Paper 2- Reforms in investigative bodies
Context
The image of the institution of police is regrettably tarnished by allegations of corruption, police excesses, lack of impartiality and close nexus with the political class.
Police and investigation agencies need social legitimacy
- The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy.
- Police should work impartially and focus on crime prevention. They should also work in cooperation with the public to ensure law and order.
- The CBI possessed immense trust of the public in its initial phase.
- But with the passage of time, like every other institution of repute, the CBI has also come under deep public scrutiny.
- The need of the hour is to reclaim social legitimacy and public trust.
Issues affecting the system and causing delay in trial
- Lack of infrastructure, lack of sufficient manpower, inhuman conditions, especially at the lowest rung, lack of modern equipment, questionable methods of procuring evidence, officers failing to abide by the rule book and the lack of accountability of erring officers.
- Then there are certain issues that lead to delays in trials.
- They are: Lack of public prosecutors and standing counsels, seeking adjournments, arraying hundreds of witnesses and filing voluminous documents in pending trials, undue imprisonment of undertrials, change in priorities with the change in the political executive, cherry-picking of the evidence, and repeated transfers of officers leading to a change in the direction of the investigation.
Way forward
- Break the nexus with political executive: The first step to reclaim social legitimacy and public trust.is to break the nexus with the political executive.
- Reform of the police system is long overdue in our country.
- The Ministry of Home Affairs has itself recognised the glaring need for the same in the “Status Note on Police Reforms in India”.
- Comprehensive law: Our investigative agencies still do not have the benefit of being guided by a comprehensive law.
- Independent and autonomous investigative agency: The need of the hour is the creation of an independent and autonomous investigative agency.
- Umbrella organisation: There is an immediate requirement for the creation of an independent umbrella institution, so as to bring various agencies like the CBI, SFIO, and ED under one roof.
- This body is required to be created under a statute, clearly defining its powers, functions and jurisdictions.
- Such a law will also lead to much-needed legislative oversight.
- Separation of prosecution and investigation: One additional safeguard that needs to be built into the scheme, is to have separate and autonomous wings for prosecution and investigation, in order to ensure total independence.
- Annual audit of performance: A provision in the proposed law for an annual audit of the performance of the institution by the appointing committee will be a reasonable check and balance.
- Strengthening state investigative agencies: There is no reason why state investigative agencies, which handle most of the investigations, cannot enjoy the same level of credibility as that of the national agency.
- The proposed Central law for the umbrella investigative body can be suitably replicated by the states.
- Ensure women’s representation: An issue that needs addressing at this stage is the representation of women in the criminal justice system.
- Often, women feel deterred in reporting certain offences due to a lack of representation.
- Relations with community: Relations between the community and police also need to be fixed.
- This is only possible if police training includes sensitisation workshops and interactions to inspire public confidence.
Consider the question “The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy. In the context of this, examine the challenges faced by the police and the investigative agencies in India and suggest ways to help them gain social legitimacy.”
Conclusion
It is imperative for the police and the public to work together to create a safe society. Ultimately the police must remember that their allegiance must be to the Constitution and the rule of law and not to any person.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Antarctic Treaty
Mains level: Indian Antarctic Bill, 2022
The government has introduced the ‘Antarctica Bill, 2022’ in the Lok Sabha that envisages regulating visits and activities to Antarctica as well potential disputes that may arise among those present on the continent.
Indian Antarctic Bill, 2022
Aims and objectives:
- To provide for national measures to protect the Antarctic environment and associated ecosystems and to give effect to the Antarctic Treaty
- To provide a harmonious policy framework for India’s Antarctic activities through a well-established legal mechanism
- Facilitate activities of the Indian Antarctic programme, including management of Antarctic tourism and sustainable development of fisheries
- To prohibit Indian expedition to Antarctica or carrying of certain activities in Antarctica without a permit or the written authorisation of another party to the protocol
- To provide for inspection in India by an officer designated by the Central government as an Inspector and to constitute an inspection team to carry out inspections in Antarctica
Key feature: Committee on Antarctic governance
- It will empower the government to establish a committee on Antarctic governance and environmental protection to monitor, implement and ensure compliance with the relevant international laws, emissions standards and rules of protection.
- The panel is to be headed by the secretary of the Ministry of Earth Sciences, as ex officio chairperson.
- Among other roles, he has also been the vice-president of the Scientific Committee on Antarctic Research of the International Science Council since 2018.
- The committee will have ten members from various ministries, departments and organizations of the Union government, plus two experts on the Antarctic environment or other relevant areas.
About Antarctica Treaty
- Antarctica has a geographical area of 14 million sq. km and has had no indigenous population (i.e. “Antarcticans” don’t exist).
- However, a few thousand people reside there, in some 40 research stations spread across the continent, throughout the year.
- In 1959, 12 countries – Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the USSR, the UK and the US signed the ‘Antarctic Treaty’.
- Their aim was to prevent the continent from being militarised and to establish it as a centre of peaceful activities.
- Later, more countries, including India, have become party to the treaty, and today it counts more than 54 members.
- The treaty requires each party to take appropriate measures within its competence, including the adoption of laws and regulations, administrative actions and enforcement measures, to ensure compliance with the protocol.
- Countries also signed the ‘Protocol on Environmental Protection’ to the Antarctic Treaty in 1991, which designates Antarctica as a “natural reserve, devoted to peace and science”.
Need for the Antarctic Legislation
- The growing presence of Indian scientists in Antarctica and the commitment to Antarctic research and protection prompted the government to adopt domestic legislation consistent with its obligations as a member of the Antarctic Treaty system.
- These laws will enable India’s courts to deal with disputes or crimes committed in parts of Antarctica, and help build credibility vis-à-vis India’s participation.
India at the Poles
- India maintains two research stations on the continent: ‘Maitri’ (commissioned in 1989) at Schirmacher Hills and ‘Bharati’ (2012) at Larsemann Hills.
- It has also launched 41 scientific expeditions every year thus far.
- Together with the ‘Himadri’ station in Svalbard, above the Arctic circle, India is among an elite group of countries with multiple research in the polar regions.
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From UPSC perspective, the following things are important :
Prelims level: Darlong Tribes
Mains level: Scheduled Tribes and issues
The Lok Sabha recently passed a bill to amend a constitutional order to include Darlong, a tribal clan in Tripura which was among the generic Halam community till now, in the list of Scheduled Tribes (ST).
Who are Darlongs?
- Darlong is a tribal community of 11,000 people.
- Despite its small population, the community has a high prevalence of education, cultural activities and members of the community are serving in different high positions in the local administration.
- Darlongs, despite being Scheduled Tribes, were never given ST certificates.
- Since they were considered a generic tribe under the Kuki community, they were handed their tribal certificates as members of ‘Kuki’ community.
- The subsequent identity crisis among them, especially Darlong youths, who were equipped with modern education, culminated in the demand for a separate statutory identity of their own in 1995.
- The group is a small tribal clan but has produced a high number of educated people proportionate to its population in the state.
- People from the Darlong community, like many other tribal communities, are now serving in high positions in the state administration, academia, and public services.
- Tribal musicologist and Rosem (tribal instrument) maestro Thanga Darlong was conferred the prestigious Padma Shri award a few years back for his contribution to culture.
Why is tribal identity a big issue in Tripura?
- Out of 37 lakh people of Tripura, nearly 30 per cent are tribals, who mostly live in areas under jurisdiction of the Tripura Tribal Areas Autonomous District Council (TTAADC).
- They are spread in patches across all eight districts and covering 70 per cent of the state’s geographical area.
- The state saw tribals become minority in their own state due to arrival of East Pakistani refugees who fled their country.
- Tribal identity is a major issue in Tripura, which is also one of the major subjects dominating the state politics now.
- There is rising demand of Greater Tipraland – a proposed separate state for Tiprasa or Tripuris (tribal and non-tribal) living in the state.
Back2Basics: Tribes of Tripura
- Tripura, the tiny Northeast state of 37 lakh people houses 19 tribal communities.
- These include Tripuri or Debbarma, Reangs or Brus, Jamatia, Noatia, Uchoi, Chakma, Mog, Lushai, Kuki, Munda, Kour, Oram, Santhal, Bhil, Bhutia, Chaimar or Sermai, Garo, Khasi, Lepcha and Halam.
- Many of these communities are further divided into sub-tribes.
- For example, Kukis have nearly 17-18 sub-tribes within the community.
- It is an umbrella tribal community including many smaller clans like Khasi, Lushai, Hmars and other generic clans.
- In course of time, Lushai, Hmar, Garo etc. came out of Kuki as separate communities.
- Halam community also has several sub-tribes such as Rangkhawl, Ranglong, Dab, Chaimar or Sermai, Bong, Korbong, Harbong, Bongcher etc.
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From UPSC perspective, the following things are important :
Prelims level: Look Out Notice, ED
Mains level: Corruption and money laundering
Delhi High Court has sought the Enforcement Directorate’s (ED’s) response on a journalist’s challenge to its action of restraining her from leaving the country. She was stopped in Mumbai on Tuesday evening based on a look out circular (LOC) issued by the ED.
Look out notice: What is it, when is it issued?
- An LOC is issued to make sure that an individual who is absconding or wanted by law enforcement agencies is not able to leave the country.
- It is mostly used at immigration checkpoints at international airports and seaports by the immigration branch.
- In certain cases, the police can approach a court asking for the restriction of a person’s movement outside the country, when that person is a suspect and there is an apprehension that they may not join the investigation at a later stage.
- The subject of an LOC can challenge the circular and get relief from a court.
Who can issue an LOC?
- An LOC can be initiated by a large number of authorised officers, including an officer not below the rank of deputy secretary, an officer not below the rank of joint secretary in the state government, a district magistrate or superintendent of police.
- Also, designated officers of various law enforcing and security agencies, a designated officer of Interpol, an officer not below the rank of additional director in the Serious Fraud Investigation Office, and the Ministry of Corporate Affairs can also issue LOC.
- In 2018, the government also empowered the heads of public sector banks to directly request the authorities to issue an LOC against wilful defaulters to prevent them from leaving the country.
- So now, an officer not below the rank of chairman/managing director/chief executive of any public sector bank can make a request.
- An LOC can be modified/deleted/withdrawn by the Bureau of Immigration only on the specific request of the authorised originator on whose request the LOC was issued.
Does an LOC lead to arrest?
- Not necessarily. LOCs can be of several types.
- They can seek to merely stop a person against whom the circular has been issued from travelling outside the country, to prevent a person from entering the country, or inform the concerned investigation agencies.
- The proforma of the LOC also contains a request to detain the individual at the local police/investigation agency, which generally leads to arrest.
Back2Basics: Directorate of Enforcement (ED)
- ED is a law enforcement agency and economic intelligence agency responsible for enforcing economic laws and fighting economic crime (esp Money Laundering) in India.
- It is part of the Department of Revenue of the Ministry of Finance.
- It is composed of officers from the Indian Revenue Service, Indian Police Service and the Indian Administrative Service as well as promoted officers from its own cadre.
- The total strength of the department is less than 2000 officers out of which around 70% of officials came from deputation from other organizations while ED has its own cadre, too.
- The prime objective of the Enforcement Directorate is the enforcement of two key Acts namely, the Foreign Exchange Management Act 1999 (FEMA) and the Prevention of Money Laundering Act 2002 (PMLA)
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From UPSC perspective, the following things are important :
Prelims level: Hindu new year , Gudi Padwa
Mains level: NA
The President of India has sent his greetings to fellow citizens on the eve of Chaitra Sukladi, Ugadi, Gudi Padwa, Cheti Chand, Navreh and Sajibu Cheiraoba.
Gudi Padwa
- Gudi Padwa is a spring-time festival that marks the traditional New Year for Marathi and Konkani Hindus, but is also celebrated by other Hindus as well.
- It is celebrated in and around Maharashtra, Goa, and the union territory of Damaon on the first day of the Chaitra month, to mark the beginning of the New Year according to the luni-solar method of the Hindu calendar.
- Padava or paadvo comes from the Sanskrit word pratipada, which is the first day of a lunar fortnight.
- The spring festival is observed with colourful floor decorations called rangoli, a special Gudhi dvaja (flag garlanded with flowers, mango and neem leaves, topped with upturned silver or copper vessels), street processions, dancing& festive foods.
Significance
- Gudhi Padva signifies the arrival of spring and to the reaping of Rabi crops.
- The festival is linked to the mythical day on which Hindu god Brahma created time and universe.
- To some, it commemorates the coronation of Rama in Ayodhya after his victory over evil Ravana, or alternatively the start of Shalivahan calendar after he defeated the Huns invasion in the 1st century.
State-wide celebrations
- Bihu among the Assamese of Assam.
- Cheti Chand among the Sindhi people
- Navreh among the Kashmiri Pandits in Jammu and Kashmir.
- Pahela Baishakh among the Bengalis in West Bengal and Bangladesh.
- Puthandu among the Tamils in Tamil Nadu.
- Samvatsar Padvo among Hindu Konkanis of Goa and Konkani diaspora in Kerala
- Vaisakhi or Baisakhi among the Punjabis in Punjab.
- Vishu or among the Malayalis in Kerala.
- Ugadi among the south-Indian states of Karnataka, Andhra Pradesh and Telangana.
- Sajibu Cheiraoba in Manipur
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From UPSC perspective, the following things are important :
Prelims level: IPCC
Mains level: Paper 3- Vulnerability to climate change and ways for adaptation
Context
The footprint of the Covid-19 pandemic across the sectors of the economy has instilled a new reckoning for resilience and sustainability on the economic, social and environmental (ESG) front.
IPCC reports suggest adaption for resilience
- The Intergovernmental Panel on Climate Change (IPCC) published its latest report on climate impacts, vulnerability and adaptation last month.
- The report suggests that adaptation to climate impacts in the near to medium term can help communities and ecosystems become resilient against the threats from current and future levels of warming.
- Ecosystem-based adaptation, for instance, is recommended for taking care of communities and social well-being, while restoring forests, lands and marine ecosystems.
- The report details the variability in projected climate impacts and the vulnerabilities that can be expected across regions the world over due to differences in the range of warming, geographical location, demographics and the unique biophysical, social and cultural contexts.
- Cost-effective adaptation: It depends on a host of enablers on which global partnerships need to deliver.
- Enablers include international cooperation, inclusive technology, financial flows, knowledge sharing and capacity building, with institutions and innovations to support policy development and on-ground implementation.
Gaps in the literature, acknowledge the uncertainties in climate science
- The IPCC has been consistently drawing attention to the lack of adequate science from and on developing countries.
- These countries have in turn been asking for the inclusion of what is broadly termed as “grey literature” or non-peer-reviewed literature in the IPCC process.
- Good science encompasses the formal and the informal, theory and empiricism, the traditional along with the modern.
- It relies on evolution through acknowledging the gaps and unknowns, the negatives and positives of past knowledge.
- The understanding of adaptation finance, adaptation costing, and mapping of climate impacts and adaptation needs of communities in geographically remote locations, for instance, could improve with suitable sourcing of information.
Way forward
- Sustainable development, inclusive of climate resilience, calls for an ensemble approach — one that places contextually appropriate emphasis on tackling climate change impacts and development needs in a world with growing challenges.
- The pathway to be adopted is one of an integrated risk assessment approach, where solutions are interventions that impact the immediate, near and medium-term outcomes for developing economies.
- Striking the right balance is at any time a choice driven as much by enablers (capabilities, lifestyles and values, financial flows, technical know-how) as by constraints (warming levels, poverty, inequality, lack of health and education).
Conclusion
The pandemic highlighted the need for balance in nature-people relationships, even as it tested the ability of the developing world.
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From UPSC perspective, the following things are important :
Prelims level: Identification of Prisoners Act 1920
Mains level: Paper 2- Issues with the Criminal Procedure(Identification) Bill
Context
The Union Minister of State for Home Affairs introduced the Criminal Procedure (Identification) Bill 2022.
Purpose of the introduction of the Bill
- The Bill aims to replace the Identification of Prisoners Act 1920 that has been in need of amendment for several decades.
- The criticism and the need for amendment was predominantly in respect of the limited definition of ‘measurements’ as under that Act.
- Back in the 1980s, the Law Commission of India (in its 87th Report) and the Supreme Court of India in a judgment titled State of U.P. vs Ram Babu Misra had nearly simultaneously suggested the need to amend the statute.
What are the issues with the provisions in the Bill?
1] Definition of ‘measurement’ includes analysis of the data
- The definition of measurements is not restricted to taking measurements, but also their “analysis”.
- The definition now states “iris and retina scan, physical, biological samples and their analysis, behavio[u]ral attributes including signatures….”
- It goes beyond the scope of a law that is only designed for taking measurements and could result in indirectly conferring legislative backing for techniques that may involve the collection of data from other sources(For instance, using facial recognition).
- At present there are extensive facial recognition technology programmes for “smart policing” that are deployed all across the country.
- Such experimental technologies cause mass surveillance and are prone to bias, impacting the fundamental rights of the most vulnerable in India.
2] Power of the police and prison officials widened
- The existing law permits data capture by police and prison officers either from persons convicted or persons arrested for commission of offences punishable with a minimum of one year’s imprisonment.
- Parallel powers are granted to judges, who can order any person to give measurements where it is in aid of investigation.
- While the judicial power is left undisturbed, it is the powers of the police and prison officials that are being widened.
- The law removes the existing — albeit minimal — limitation on persons whose measurements could be taken.
- It is poised to be expanded to all persons who are placed under arrest in a case.
- Here, the proposed Bill also contains muddied language stating that a person, “may not be obliged to allow taking of his biological samples”.
3] Storage and retention of data for a long period
- The National Crime Records Bureau (NCRB) shall for a period of 75 years from the date of collection maintain a digital record, “in the interest of prevention, detection, investigation and prosecution of any offense”.
- The provision permits the NCRB to, “share and disseminate such records with any law enforcement agency, in such manner as may be prescribed”.
- The NCRB already operates a centralised database, namely the Crime and Criminal Tracking Network & Systems (CCTNS), without any clear legislative framework.
- The existence of such legislative power with a technical framework may permit multiple mirror copies and parallel databases of the “measurements” being stored with law enforcement, beyond a State Police department which will be prosecuting the crime and the NCRB which will store all records centrally.
- For instance, in response to a Standing Committee of Parliament on police modernisation, Rajasthan has stated that it maintains a ‘RajCop Application’ that integrates with “analytics capabilities in real-time with multiple data sources (inter-department and intra-department)”.
- Similarly, Punjab has said that the “PAIS (Punjab Artificial Intelligence System) App uses machine learning, deep learning, visual search, and face recognition for the identification of criminals to assist police personnel.
- Hence, multiple copies of “measurements” will be used by State government policing departments for various purposes and with experimental technologies.
- This also takes away the benefit of deletion which occurs on acquittal and will suffer from weak enforcement due to the absence of a data protection law.
- The end result is a sprawling database in which innocent persons are treated as persons of interest for most of their natural lives.
Conclusion
To protect individual autonomy and fulfil our constitutional promises, the Supreme Court of India pronounced the Justice K.S. Puttaswamy judgment, reaffirming its status as a fundamental right. The responsibility to protect it falls to each organ of the government, including the legislature and the union executive.
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From UPSC perspective, the following things are important :
Prelims level: AFSPA
Mains level: Issues over AFSPA disturbed areas
The Union Home Ministry has considerably reduced the “disturbed areas” under the Armed Forces (Special) Powers Act (AFSPA) in Assam, Manipur and Nagaland.
AFSPA: A Backgrounder
- The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
- It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
- It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.
Armed Forces (Special Powers) Act, 1958
- Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in “disturbed areas.”
- AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
- The Act further provides that if “reasonable suspicion exists”, the armed forces can also arrest a person without warrant; enter or search premises without a warrant; and ban the possession of firearms.
What are the Special Powers?
The ‘special powers’ which are spelt out under Section 4 provide that:
(a) Power to use force, including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;
(b) Power to destroy structures used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;
(c) Power to arrest without warrant and to use force for the purpose;
(d) Power to enter and search premises without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.
What are the Disturbed Areas?
- A disturbed area is one that is declared by notification under Section 3 of the AFSPA.
- As per Section 3, it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.
Who can declare/notify such areas?
- The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
- A suitable notification would have to be made in the Official Gazette.
Presently ‘Disturbed Areas’
- AFSPA is currently in force in Assam, Nagaland, Manipur, 3 districts of Arunachal Pradesh, and areas falling within the jurisdiction of 8 police stations in Arunachal Pradesh bordering Assam.
- In Jammu and Kashmir, a separate law Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 has been in force.
AFSPA: Is it a License to Kill?
While the operation of the Section has been controversial in itself, it has attracted much criticism when actions have resulted in the death of civilians.
- Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
- Protection against prosecution: This power is further bolstered by Section 6 which provides that legal can be instituted against the officer, except with the previous sanction of the Central Government.
Supreme Court’s Observations over AFSPA
- These extra-judicial killings became the attention of the Supreme Court in 2016.
- It clarified that the bar under Section 6 would not grant “total immunity” to the officers against any probe into their alleged excesses.
- The judgment noted that if any death was unjustified, there is no blanket immunity available to the perpetrator(s) of the offense.
- The Court further noted that if an offense is committed even by Army personnel, there is no concept of absolute immunity from trial by the criminal court constituted under the CrPC.
Constitutionality of AFSPA
- Attempts have been made to examine the constitutionality of the Act on the grounds that it is contravention to the:
- Right to Life and Personal Liberty (Article 21) and
- Federal structure of the Constitution since law and order is a State subject
Recommendations to repeal AFSPA
(1) Justice B.P. Jeevan Reddy Commission
- The 2004 Committee headed by Justice B.P. Jeevan Reddy, the content of which has never officially been revealed by the Government, recommended that AFSPA be repealed.
- Additionally, it recommended that appropriate provisions be inserted in the Unlawful Activities Prevention Act, 1967 (UAPA) instead.
- It also recommended that the UAPA be modified to clearly specify the powers of the armed forces and paramilitary forces and grievance cells should be set up in each district where the armed forces are deployed.
(2) ARC II
- The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.
- It recommended adding a new chapter to be added to the Unlawful Activities Prevention Act, 1967.
- However, the recommendation was considered first and then rejected.
Other issues with AFSPA
(1) Sexual Misconduct by Armed Forces
- The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012.
- It observed that- in conflict zones, legal protection for women was neglected.
(2) Autocracy
- The reality is that there is no evidence of any action being taken against any officer of the armed forces or paramilitary forces for their excesses.
Caution given by the Supreme Court
A July 2016 judgment authored by Justice Madan B. Lokur in Extra Judicial Execution Victim Families Association quoted the “Ten Commandments” issued by the Chief of the Army Staff for operations in disturbed areas:
- Definite circumstances: The “power to cause death is relatable to maintenance of public order in a disturbed area and is to be exercised under definite circumstances”.
- Declaration preconditions: These preconditions include a declaration by a high-level authority that an area is “disturbed”.
- Due warning: The officer concerned decides to use deadly force on the opinion that it is “necessary” to maintain public order. But he has to give “due warning” first.
- No arbitrary action: The persons against whom the action was taken by the armed forces should have been “acting in contravention of any law or order for the time being in force in the disturbed area”.
- Minimal use of force: The armed forces must use only the “minimal force required for effective action against the person/persons acting in contravention of the prohibitory order.”
- Empathy with perpetrators: The court said that: the people you are dealing with are your own countrymen. All your conduct must be dictated by this one significant consideration.
- People friendliness: The court underscored how the Commandments insist that “operations must be people-friendly, using minimum force and avoiding collateral damage – restrain must be the key”.
- Good intelligence: It added that “good intelligence is the key to success”.
- Compassion: It exhorted personnel to “be compassionate, help the people and win their hearts and minds. Employ all resources under your command to improve their living conditions”.
- Upholding Dharma (Duty): The judgment ended with the final Commandment to “uphold Dharma and take pride in your country and the Army”.
Conclusion
- Despite demands by civil society groups and human rights activities, none of the recommendations have not been implemented to date.
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From UPSC perspective, the following things are important :
Prelims level: Dam Safety Act
Mains level: Resolution of Mullaperiyar Dam Row
The Supreme Court has found in the Dam Safety Act of 2021 a panacea to end the “perennial” legal battle between Tamil Nadu and Kerala over the Mullaperiyar dam.
What is the Dam Safety Act, 2021?
- The Act comprehensively postulates for surveillance, inspection, operation and maintenance of dams to prevent disasters.
- Its key features are as follows:
- National Committee on Dam Safety (NCDS): It will be constituted and will be chaired by the chairperson, Central Water Commission. Its’ functions will include formulating policies and regulations regarding dam safety standards and prevention of dam failures, analyzing the causes of major dam failures, and suggesting changes in dam safety practices.
- National Dam Safety Authority (NDSA): It will be headed by an officer, not below the rank of an Additional Secretary, to be appointed by the central government. The main task of this authority includes implementing the policies formulated by the NCD, resolving issues between State Dam Safety Organisations (SDSOs), or between an SDSO and any dam owner in that state, specifying regulations for inspection and investigation of dams.
- State Dam Safety Organisation (SDSO): Its functions will be to keep perpetual surveillance, inspection, monitoring the operation and maintenance of dams, keeping a database of all dams, and recommending safety measures to owners of dams.
- Dam Safety Unit: The owners of the specified dams are required to provide a dam safety unit in each dam. This unit will inspect the dams before and after the monsoon session, and during and after any calamity or sign of distress.
- Emergency Action Plan: Dam owners will be required to prepare an emergency action plan, and carry out risk assessment studies for each dam at specified regular intervals.
- Certain offences: The act provides for two types of offences – obstructing a person in the discharge of his functions, and refusing to comply with directions issued under the proposed law.
Why in news?
- Kerala and Tamil Nadu have been trading charges against each other over the safety, operation and maintenance of the Mullaperiyar dam.
- While Kerala claims the 126-year-old dam is unsafe, badly maintained and a threat to thousands of people living downstream, Tamil Nadu denies it.
- Kerala is pitching for a new dam in place of the existing one, while Tamil Nadu, which operates and maintains the reservoir, argues that the dam is well-preserved and so strong that the height water level could even be increased to 152 feet.
What did the SC say?
- A few days ago, the Supreme Court was in search of an answer to the “perennial problem” between the two neighbours over the dam.
- It had mooted the idea of extending the powers of its own supervisory committee to take over charge of the safety and maintenance of the structure and its site.
- The Bench even wondered whether the supervisory committee should now continue as the 2021 Act has made it redundant.
- However, Kerala said the Centre was yet to appoint specialists to the NDSA.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: MRCC
Mains level: India-Sri Lanka ties in recent times
India and Sri Lanka have signed an MoU for the Indian public sector Bharat Electronics Ltd (BEL) to set up a state of the art Maritime Rescue Co-ordination Centre (MRCC) in Colombo.
What is MRCC?
- MRCCs are part of an international network under the UN’s International Maritime Organisation.
- They aim to monitor the sea lanes with the objective of swift response to emergencies, such as vessels in distress, rescue and evacuation of people, and prevention of and containing environmental disasters such as oil spills.
- Each country is responsible for its own Search and Rescue Region (SRR).
- The work of MRCCs is co-ordinated by the Navy or Coast Guard in each country.
- In India, the Coast Guard is the co-ordinating agency. In Sri Lanka, it is the Navy.
- The MRCC will be established with a grant of $6 million from India.
Benefits offered
- MRCC enhances co-operation on maritime security between the two countries in a part of the Indian Ocean region where the India-China rivalry has taken centre stage over the last decade.
- This engagement will augment interoperability and seamless maritime actions like carrying out anti-smuggling operations in the Indian Ocean Region.
Why such a move by India?
- Sri Lanka’s SRR is a wide swathe of 1,778,062. 24 sq kms of the Indian Ocean, and nearly 200 ships pass through these waters every day.
- The MRCC agreement appears to be part of India’s SAGAR (Security and Growth for all in the Region) initiative in the Indian Ocean.
Issues with MRCC
- The MRCC has been controversial in Sri Lanka who see every development by India suspicious.
- Sri Lanka’s Defence Ministry issued a clarification on the MRCC, as well as on recent agreements with India for a naval floating dock and Dornier aircraft.
- The clarification has provided more details about the agreements than have been in the public domain so far.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Defined Pension Benefit Scheme, NPS
Mains level: Issues with NPS
Many states are trying to restore Old Pension Scheme and discontinue the National Pension System (NPS).
What is the Defined Pension Benefit Scheme (old)?
- The scheme assures life-long income, post-retirement.
- Usually the assured amount is equivalent to 50% of the last drawn salary.
- The Government bears the expenditure incurred on the pension.
- The scheme was discontinued in 2004.
What is the National Pension System (NPS)?
- The Union government under PM Vajpayee took a decision in 2003 to discontinue the old pension scheme and introduced the NPS.
- The scheme is applicable to all new recruits joining the Central Government service (except armed forces) from April 1, 2004.
- On the introduction of NPS, the Central Civil Services (Pension) Rules, 1972 was amended.
Features of NPS
- It is a scheme, where employees contribute to their pension corpus from their salaries, with matching contributions from the government.
- The funds are invested in earmarked investment schemes through Pension Fund Managers.
- At retirement, they can withdraw 60% of the corpus, which is tax-free and the remaining 40% is invested in annuities, which is taxed.
- It can have two components — Tier I and II.
- Tier-II is a voluntary savings account that offers flexibility in terms of withdrawal, and one can withdraw at any point of time, unlike Tier I account.
- Private individuals can opt for the scheme.
What were the changes introduced in 2019?
- In 2019, the Finance Ministry said that Central government employees have the option of selecting the Pension Funds (PFs) and Investment Pattern in their Tier-I account.
- The default pension fund managers are the LIC Pension Fund Limited, SBI Pension Funds Pvt. Limited and UTI Retirement Solutions Limited in a predefined proportion.
Who is the regulatory authority?
- The Pension Fund Regulatory and Development Authority (PFRDA) is the regulator for NPS.
- PFRDA was set up through the PFRDA Act in 2013 to promote old age income security by developing pension funds to protect the interest of subscribers to schemes of pension funds.
What is the subscriber base?
- As on February 28, there were 22.74 lakh Central government employees and 55.44 lakh State government employees enrolled under the NPS.
Why in news now?
- In Feb, Rajasthan CM announced restoration of the old pension scheme for the government employees, who joined the service on or after January 1, 2004.
- The announcement meant that the National Pension System (NPS) would be discontinued in the State.
- The center had maintained that restoration of the old system would cause an unnecessary financial burden on the government.
Cons of NPS
- Forfeiture of pension: The NPS scheme was created by the Government of India, in order to stop all the defined pension related benefits that it gave to its employees.
- Withdrawal restrictions: NPS restricts all kinds of withdrawals, before the subscriber reaches the age of 60 years.
- No tax benefits: The NPS corpus, which the subscriber can use for buying annuity or for drawing pensions, is taxable, when the schemes matures.
- Limit on investment: The subscriber cannot invest more than 50% of his or her total investment in the NPS account, towards the equities.
- No guarantee: While NPS is a government scheme, the corpus is created according to the returns, which are generated under the corporate bonds, government securities, and equity.
Try this PYQ:
Q.Who among the following can join the National Pension System (NPS)?
(a) Resident Indian citizens only
(b) Persons of age from 21 to 55 only
(c) All-State Government employees joining the services after the date of notification by the respective State Governments
(d) All Central Governments Employees including those of Armed Forces joining the services on or after 1st April 2004
Post your answers here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: FASTER Platform, SUPACE
Mains level: Speedy disposal of cases
‘FASTER’, an abbreviation of ‘Fast and Secured Transmission of Electronic Records’, a digital platform was formally launched by Chief Justice of India (CJI) N.V. Ramana.
What is FASTER?
- The FASTER system proposes transmission of e-authenticated copies of the interim orders, stay orders, bail orders and record of proceedings to the duty-holders for compliance and due execution, through a secured electronic communication channel.
- These orders may vary from stay of execution of a person to freeze on the demolition of a slum to bail orders for undertrial prisoners.
- The idea stemmed from a case reported about several prisoners in the Agra Jail forced to remain behind bars for three days after the hard copies of the order had not reached the prison officials.
Benefits offered
- FASTER would aid the cause of quick and effortless justice.
- The timely delivery of the court’s orders to the authorities would also prevent unnecessary arrests and custody of people who have already been granted anticipatory bail.
- For smooth transmission of court’s orders and effective implementation of Article 21, Right to Life, such a system was the need of the hour.
Also read:
[RSTV Archive] Judiciary & Artificial Intelligence
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