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  • Terrorism and Challenges Related To It

    An Overview : UAPA and The Concerns

    18 February 2023 | op-ed snap | Internal Security
    Mains Paper 3

    UAPA

    Central Idea

    • India’s anti-terror law, the Unlawful Activities (Prevention) Act (UAPA), has been misused and turned into a tool of terror. There are two examples of this misuse in recent times. In 2021, Muhammad Manan Dar, a young Kashmiri photojournalist, was arrested and imprisoned for documenting the daily lives of common Kashmiris with his camera. A year earlier, another journalist, Sidheeque Kappan, was charged with participating in a plot to ignite rioting in Hathras, Uttar Pradesh.

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    Unlawful (Activities) Prevention Act (UAPA)

    • Background: The Unlawful Activities (Prevention) Act is an anti-terrorism law in India that was first introduced in 1967.
    • Purpose: The purpose of UAPA is to prevent unlawful activities that threaten the sovereignty and integrity of India.
    • Amendments: UAPA has undergone several revisions since its introduction, with each revision making the law more stringent. 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.
    • Provisions: UAPA provides for the designation of individuals and organizations as “terrorists” and allows for their arrest and detention without trial for up to 180 days.
    • Criticisms: UAPA has been criticized for being used to stifle dissent and suppress political opposition. Critics argue that the law is vague and overbroad, allowing for its misuse and abuse.

    What is Terrorist and Disruptive Activities (Prevention) Act (TADA)?

    • Overview: TADA was an anti-terrorism law in India and enacted in 1985 and was in force until 1995. It was enacted to strengthen the legal framework to deal with terrorist activities in India.
    • Provisions: TADA provided for the detention of suspects without trial for up to 180 days. It also allowed the setting up of special courts to conduct trials in cases related to terrorism and provided for the admissibility of confession made to a police officer. TADA also made certain activities punishable as terrorist acts, including illegal arms trade, financing terrorism, and disrupting the sovereignty of India.
    • Criticism: TADA was also criticized for its vague and broad definition of terrorism, which allowed for the targeting of political dissidents.
    • Repeal: TADA was allowed to lapse in 1995 after it was deemed to be incompatible with the Indian Constitution and the principles of democracy and the rule of law. The law was replaced with the Prevention of Terrorism Act (POTA) in 2002, which was also criticized for its draconian provisions and misuse by law enforcement agencies.

    What is Prevention of Terrorism Act 2004 (POTA)?

    • Objective: To provide the government with legal tools to combat terrorism and punish those who support or engage in terrorist activities.
    • Key Provisions: Broad powers to investigate and prosecute individuals suspected of terrorism-related activities. Power to detain suspects for up to 180 days without charge. Use of confessions made to police officers as evidence in court
    • Criticism: Potential for misuse and infringement on civil liberties. Could be used to target religious and ethnic minorities. Could be used to silence political dissent
    • Repealed: 2004 by the United Progressive Alliance government, citing concerns about misuse and potential for human rights abuses.
    • Replacement: Some provisions of POTA were incorporated into the Unlawful Activities Prevention Act (UAPA), which remains in force in India today.

    Worrying statistics

    • UAPA has one of the worst records for prosecution success.
    • According to a PUCL report in 2022, less than 3 per cent of arrests made under the UAPA resulted in convictions between 2015 and 2020.
    • Only 1,080 of the 4,690 people detained under the UAPA between 2018 and 2020 received bail, according to the report.
    • Unlike TADA and POTA, UAPA has never been constitutionally reviewed. Its repeated abuse is a blot on our democracy.

    UAPA

    Some of the key concerns regarding the UAPA

    • Misuse: The UAPA has been criticized for being misused by authorities to target human rights defenders, activists, and dissenters. Critics argue that the act has been used to stifle free speech and to quell any form of peaceful protests.
    • Lack of accountability: The UAPA allows for the designation of an individual or organization as a terrorist entity, without providing adequate means for challenge or appeal, which many argue is against the principles of natural justice.
    • Vagueness: The definitions of “terrorist acts” under the UAPA are broad and vague, and can be interpreted in a way that infringes on the freedom of speech and assembly, leading to the potential for misuse.
    • Restrictions on bail: The UAPA has provisions that make it difficult for people charged under the act to obtain bail, as it requires that the accused show that they are not guilty, shifting the burden of proof from the prosecution to the accused.
    • Excessive punishment: The UAPA provides for harsh punishments, including life imprisonment and the death penalty, for offenses related to terrorism, which many argue are disproportionate and infringe on human rights.

    Why UAPA is necessary?

    • Legal tools to investigate: The UAPA provides the government with legal tools to investigate and prosecute individuals and organizations involved in terrorist activities.
    • Special courts to conduct trials: It allows for the setting up of special courts to conduct trials in cases related to terrorism and provides for stringent punishment for offenses related to terrorism. It also allows the government to designate individuals or organizations as terrorist entities and freeze their assets.
    • Necessary measure to maintain sovereignty and integrity: The act is aimed at countering not just terrorism but also other forms of unlawful activities, such as organized crime, money laundering, and trafficking. It is considered to be a necessary measure to maintain the sovereignty and integrity of the nation, and to protect the lives and property of its citizens.
    • To balance national security and civil liberties: It is necessary to strike a balance between national security and protection of civil liberties. The act can be an effective tool in the fight against terrorism, as long as it is implemented in a fair and just manner and its provisions are not misused to stifle legitimate forms of dissent or activism.

    Conclusion

    • Concerns over the UAPA highlight the need for a balanced approach in the fight against terrorism, one that protects national security while also ensuring the protection of fundamental rights and freedoms.

    Mains question

    Q. UAPA is continuously in the headlines from the time of its inception. Discuss the concerns and necessity of such Act.

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  • Judicial Reforms

    Supreme Court says NO to Sealed Cover suggestions

    18 February 2023 | | Polity
    Mains Paper 2: Executive & Judiciary

    seal

    Central idea: The Supreme Court has said it did not want to accept in a “sealed cover” the Centre’s suggestions on who could be the members of a committee the court had proposed to assess the market regulatory framework and recommend measures, if any, to strengthen it in the wake of the Adani-Hindenburg affair.

    What is the news?

    • The article is about a public interest petition filed in the Supreme Court that calls for the establishment of an expert panel to strengthen regulatory mechanisms related to the Adani Group.
    • The petitioners argue that the Adani Group has been able to bypass regulatory hurdles through its influence on government officials and agencies.

    What is Sealed Cover Jurisprudence?

    • It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.
    • A specific law does not define the doctrine of sealed cover.
    • The Supreme Court derives its power to use it from Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.

    Need for sealed cover jurisprudence

    There are several reasons why sealed cover jurisprudence is used-

    • National security: For example, in cases involving sensitive information related to defense or intelligence agencies, the disclosure of such information in open court proceedings could compromise national security.
    • Individual privacy: It is also used to protect the privacy in cases involving sensitive personal information. In such cases, the court may allow the submission of such information in a sealed cover to protect the privacy of the individual concerned.
    • Protect commercial or trade secrets: In cases involving disputes between companies, the disclosure of confidential information related to their business operations could harm their commercial interests.

    Nature of the power: Upholding Secrecy

    • If the Chief Justice or court directs certain information to be kept under sealed cover or considers it of confidential nature, no party would be allowed access to the contents of such information.
    • There is an exception to this if the Chief Justice himself orders that the opposite party be allowed to access it.
    • It also mentions that information can be kept confidential if its publication is not considered to be in the interest of the public.
    • As for the Evidence Act, official unpublished documents relating to state affairs are protected and a public officer cannot be compelled to disclose such documents.

    Grounds of such secrecy

    Other instances where information may be sought in secrecy or confidence is when its publication:

    1. Impedes an ongoing investigation of cases related to national security
    2. Details that are part of the police’s case diary or
    3. Breaches the privacy of an individual

    Prominent cases of sealed jurisprudence

    Sealed cover jurisprudence has been frequently employed by courts in the recent past.

    (1) Rafale Deal

    • In the case pertaining to the controversial Rafale fighter jet deal, a Bench headed by CJI Ranjan Gogoi in 2018, had asked the Centre to submit details related to deal’s decision making and pricing in a sealed cover.
    • This was done as the Centre had contended that such details were subject to the Official Secrets Act and Secrecy clauses in the deal.

    (2) Bhima Koregaon Case

    • In the Bhima Koregaon case, in which activists were arrested under the Unlawful Activities Prevention Act.
    • The Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover.

    Issues with such jurisprudence

    • Undermines open justice: This practice appears to be unfavorable to the principles of transparency and accountability of the Indian justice system.
    • Erodes public faith: It stands in contrast to the idea of an open court, where decisions can be subjected to public scrutiny.
    • Increases arbitrariness: It is also said to enlarge the scope for arbitrariness in court decisions, as judges are supposed to lay down the reasoning for their decisions.
    • Unfair trials: Besides, it is argued that not providing access to such documents to the accused parties obstructs their passage to a fair trial and adjudication.

    Way forward

    • Conduct an independent and thorough investigation: Inquire into the allegations raised in the petition, and take appropriate legal action against the Adani Group if they are found to have violated environmental regulations.
    • Establish an expert panel as suggested by the petitioners: To review the regulatory framework and suggest measures to strengthen it. The panel should include experts from various fields, including environmental science, law, and economics.
    • Ensure transparency and accountability in the regulatory process: Foster a culture of environmental awareness and responsibility among businesses by promoting sustainable and eco-friendly practices. This could involve providing incentives and support to companies that adopt such practices.
    • Review the use of sealed cover jurisprudence: Ensure that it is used judiciously and only in cases where it is necessary to protect sensitive or confidential information.

     

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  • Electoral Reforms In India

    How did Election Commission decide who gets Party Symbol?

    18 February 2023 | | Polity
    Mains Paper 2: Representation Of People’s Act

    Central idea: A faction within a political party led by the Maharashtra CM has been officially recognized as the legitimate group by the Election Commission of India. The faction has been allotted the “bow and arrow” symbol and the original name for use in future elections.

    Why discuss this?

    • The allotment of election symbols can have a significant impact on the electoral fortunes of political parties and that the current system of allotment may need to be reviewed to ensure greater transparency and fairness.

    EC’s powers in Election Symbol Dispute

    • The question of a split in a political party outside the legislature is dealt by Para 15 of the Symbols Order, 1968.
    • It states that the Election Commission of India’s (ECI) may take into account all the available facts and circumstances and undertake a test of majority.
    • The decision of the ECI shall be binding on all such rival sections or groups emerged after the split.
    • This applies to disputes in recognized national and state parties.
    • For splits in registered but unrecognized parties, the EC usually advises the warring factions to resolve their differences internally or to approach the court.

    How did the EC deal with such matters before the Symbols Order came into effect?

    • Before 1968, the EC issued notifications and executive orders under the Conduct of Election Rules, 1961.
    • The most high-profile split of a party before 1968 was that of the CPI in 1964.
    • A breakaway group approached the ECI in December 1964 urging it to recognize them as CPI(Marxist). They provided a list of MPs and MLAs of Andhra Pradesh, Kerala and West Bengal who supported them.
    • The ECI recognized the faction as CPI (M) after it found that the votes secured by the MPs and MLAs supporting the breakaway group added up to more than 4% in the 3 states.

    Options for ECI

    • The ECI in all likelihood can freeze the symbol so that neither of the two sides is able to use it until a final decision is made.
    • EC hearings are long and detailed and may take at least six months.

    What was the first case decided under Para 15 of the 1968 Order?

    • It was the first split in the Indian National Congress in 1969.
    • Indira Gandhi’s tensions with a rival group within the party came to a head with the death of President Dr Zakir Hussain on May 3, 1969.

    Is there a way other than the test of the majority to resolve a dispute over election symbols?

    • In almost all disputes decided by the EC so far, a clear majority of party delegates/office bearers, MPs and MLAs have supported one of the factions.
    • Whenever the EC could not test the strength of rival groups based on support within the party organization (because of disputes regarding the list of office bearers), it fell back on testing the majority only among elected MPs and MLAs.

    What happens to the group that doesn’t get the parent party’s symbol?

    • The EC in 1997 did not recognize the new parties as either state or national parties.
    • It felt that merely having MPs and MLAs is not enough, as the elected representatives had fought and won polls on tickets of their parent (undivided) parties.
    • The EC introduced a new rule under which the splinter group of the party — other than the group that got the party symbol — had to register itself as a separate party.
    • It could lay claim to national or state party status only on the basis of its performance in the state or central elections after registration.

     

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

    What is Special Marriage Act, 1954?

    18 February 2023 | | Indian Society
    Mains Paper 1: Salient features of Indian Society

    marriage

    Central idea: An actress recently held her interfaith-marriage under the Special Marriage Act, 1954.

    What is the Special Marriage Act?

    • The Special Marriage Act of 1954 (SMA) was passed by the Parliament on October 9, 1954.
    • It governs a civil marriage where the state sanctions the marriage rather than the religion.
    • The minimum age to get married under the SMA is 21 years for males and 18 years for females.

    Why was it enacted?

    Ans. Interfaith/ Inter-caste Marriages

    • Issues of personal law such as marriage, divorce, adoption are governed by religious laws that are codified.
    • These laws, such as the Muslim Marriage Act, 1954, and the Hindu Marriage Act, 1955, require either spouse to convert to the religion of the other before marriage.
    • However, the SMA enables marriage between inter-faith or inter-caste couples without them giving up their religious identity or resorting to conversion.

    Why is it ‘Special’?

    • Detachment from the family: Once married as per the secular law, under Section 19 of the Act, any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jain religion shall be deemed to affect their severance from the family.
    • Losing inherited property: This would affect rights, including the right to inheritance, of the persons choosing to marry under the SMA.

    Who can get married under the Special Marriage Act?

    • The applicability of the Act extends to the people of all faiths, including Hindus, Muslims, Sikhs, Christians, Sikhs, Jains, and Buddhists, across India.
    • Some customary restrictions such as parties not being within degrees of a prohibited relationship still apply to couples under SMA.
    • In 1952, when the Bill was proposed, the requirement of monogamy was considered radical.
    • Section 4 of the SMA requires that at the time of marriage, “neither party has a spouse living” or is “incapable of giving a valid consent to it in consequence of unsoundness of mind”.

    What is the procedure for a civil marriage?

    • As per Section 5 of the Act, the parties to the marriage are required to give a notice, in writing, to a “Marriage Officer” of the district in which at least one of the parties has resided for at least 30 days immediately preceding the notice.
    • Before the marriage is solemnized, the parties and three witnesses are required to sign a declaration form before the Marriage Officer.
    • Once the declaration is accepted, the parties will be given a “Certificate of marriage” which is essentially proof of the marriage.

    Furore over such marriages

    Ans. Religious conversion has emerged as the practical way to cohabit as a couple, in a country where neither the inter-faith, inter-caste nor the live-in couples can earn societal approval.

    • As per some Personal laws, in order to get married conversion of religion to get equalized is the only way.
    • There are cases of being allegedly lured and honey-trapped by men and those girls now seeking their help to free themselves.
    • Interfaith marriages these days are believed to be a forced conversion of the women spouses.
    • Fundamentalists’ claims that men of a particular religion are trained on the intricacies of religious doctrine to allure other religion women for marriage in an attempt to finish off her religion.

     

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  • Delhi Full Statehood Issue

    Nominated members cannot vote in Delhi Mayor Poll: Supreme Court

    18 February 2023 | Prelims Only | Polity
    Mains Paper 2: Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions and basic structure

    Central idea: The Supreme Court ordered the Lieutenant Governor of Delhi to notify the first meeting of the Municipal Corporation of Delhi to elect a Mayor within 24 hours and held that nominated members cannot vote in these polls.

    What is the issue?

    • The issue at hand is whether the nominated members of the Municipal Corporation of Delhi should be allowed to vote in the mayoral polls.
    • A Party had challenged the eligibility of the nominated members to vote, arguing that they were appointed by the Delhi government and were therefore not neutral.
    • The Supreme Court of India has now ruled that the nominated members cannot vote in the mayoral polls.

    What has the Supreme Court ruled?

    • The Bench did not agree with the L-G’s contention that nominated members could vote in the first meeting.
    • The court pointed out that Article 243R of the Constitution did not distinguish between the first and regular meetings.

    Who is a Mayor?

    • In India, the mayor is the head of a municipal corporation, which is responsible for providing essential services and infrastructure to the residents of a city or town.
    • The mayor is usually elected by the members of the municipal corporation or council, and serves as the ceremonial head of the local government.

    History of Mayor’s elections in India

    • Municipal corporation mechanisms in India was introduced during British Rule with formation of municipal corporation in Madras (Chennai) in 1688, later followed by municipal corporations in Bombay (Mumbai) and Calcutta (Kolkata) by 1762.
    • However the process of introduction for an elected President in the municipalities was made in Lord Mayo’s Resolution of 1870.
    • Since then the current form and structure of municipal bodies followed is similar to Lord Ripon’s Resolution adopted in 1882 on local self-governance.
    • The 74th Constitutional Amendment Act of 1992 was introduced providing for the transfer of 18 different powers to urban local bodies, including the election of a mayor and to recognise them which included Municipal Corporations, Nagar Panchayats, and Municipal Councils.

    Elections and tenure

    • The method of electing mayor and their tenure varies for each city in India.
    • In Bengaluru (Karnataka) the election process is indirect with a tenure being for one year, in Mumbai (Maharashtra) it follows indirect elections with tenure for 2.5 years and Bhopal (Madhya Pradesh) follows a directly elected mayor with a term for 5 years.

    Roles and Responsibilities

    • Governs the local civic body.
    • Fixed tenure varying in different towns.
    • First citizen of city.
    • Has two varied roles — Representation and upholding of the dignity of the city during ceremonial times and a presiding over discussions of the civic house with elected representatives in functional capacity.
    • The Mayor’s role is confined to the corporation hall of presiding authority at various meetings relating to corporation.
    • The Mayor’s role extends much beyond the local city and country as the presiding authority at corporation meetings during visits of a foreign dignitary to the city as he is invited by the state government to receive and represent the citizens to the guest of honour.
    • At government, civic and other social functions he is given prominence.

     

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  • Russian Invasion of Ukraine: Global Implications

    What is Munich Security Conference?

    18 February 2023 | IOCR | International Relations
    Mains Paper 2: Important International Institutions

    Central idea: The article is about the controversy surrounding billionaire philanthropist and political activist George Soros and his alleged statements on India and the Indian PM at the Munich Security Conference.

    Who is George Soros?

    • George Soros, the 92 YO billionaire philanthropist and political activist, has been at the center of several controversies over the years.
    • Some of the key controversies associated with Soros include:
    1. Currency manipulation: Soros became famous in the 1990s for his role in the “Black Wednesday” financial crisis in the UK, where he was accused of profiting from the devaluation of the pound sterling by short-selling it.
    2. Insider trading: Soros has also been accused of insider trading in several instances, including the case of the French bank Societe Generale.
    3. Political meddling: Soros has been accused of using his vast wealth to influence political campaigns and events around the world, including in countries like Hungary, Ukraine, and the United States.
    4. Anti-Semitic accusations: Soros has been the subject of numerous conspiracy theories and accusations of anti-Semitism, with some critics alleging that he is part of a secret globalist agenda to control world governments and economies.

    About Munich Security Conference (MSC)

    • The MSC was founded by a German official and publisher Ewald-Heinrich von Kleist at the peak of the Cold War (1947-1991).
    • Starting in 1963, the conference initially only focused on military issues and was mainly attended by western countries and their high-profile officials, who “came together to display a united front in their struggle with Soviet communism”.
    • After the end of the Cold War, the conference expanded its agenda that went beyond defense and security matters to include issues such as climate change and migration.
    • It also started to invite leaders from eastern nations, including Russia, India and China.

    What will be the focus of this year’s MSC?

    • This year’s edition might entail a refocus on its goal- the security order in Europe, in the backdrop of the Russia-Ukraine war that began just days after the MSC 2022 was concluded.
    • The conference might also serve as a platform for diffusing tensions between the United States and China, especially after the former shot down an alleged spy balloon.
    • Another theme on the agenda is to focus on diverse perspectives from the Global South, which included some of the poorest and least industrialized countries in the world.

     

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  • Wildlife Conservation Efforts

    Species in news: Pangolins

    18 February 2023 | Prelims Only | Environment
    Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    pangolin

    The World Pangolin Day was observed on February 18.

    Why in news?

    • A not-for-profit organization working on the international trade of animals and plants, has brought out a fact sheet reporting that 1,203 pangolins have been found in illegal wildlife trade in India from 2018 to 2022.

    Pangolins

    IUCN status: Endangered

    • India is home to two species of pangolin.
    • While the Chinese Pangolin (Manis pentadactyla) is found in northeastern India, the Indian Pangolin is distributed in other parts of the country as well as Sri Lanka, Bangladesh and Pakistan.
    • Both these species are protected and are listed under the Schedule I Part I of the Wild Life (Protection) Act, 1972 and under Appendix I of the Convention on International Trade in Endangered Species (CITES).
    • Commonly known as ‘scaly anteaters’, the toothless animals are unique, a result of millions of years of evolution.
    • Pangolins evolved scales as a means of protection. When threatened by big carnivores like lions or tigers they usually curl into a ball.
    • The scales defend them against dental attacks from the predators.

    Why protect Pangolins?

    • Pangolins are currently the most trafficked wildlife species in the world.
    • These Scales has now become the main cause of the pangolin’s disappearance.
    • The scales are in high demand in China, where they are used in traditional Chinese medicine.
    • Pangolin meat is also in high demand in China and Southeast Asia.
    • Consequently, pangolins have seen a rapid reduction in population globally. The projected population declines range from 50 per cent to 80 per cent across the genus.

     

    Try this PYQ:

    Consider the following animals:

    1. Hedgehog
    2. Marmot
    3. Pangolin

    To reduce the chance of being captured by predators which of the above organisms rolls up/roll up and protects/protect its/their vulnerable parts?

    (a) 1 and 2

    (b) 2 only

    (c) 3 only

    (d) 1 and 3

     

    Post your answers here.

     

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  • Animal Husbandry, Dairy & Fisheries Sector – Pashudhan Sanjivani, E- Pashudhan Haat, etc

    Purse Seine Fishing Gear: A Questionable Fishing Method

    17 February 2023 | op-ed snap | Environment
    Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    Fishing

    Central Idea

    • The Supreme Court of India has allowed purse seine fishing gear to be used for fishing beyond territorial waters (12 nautical miles) and within the Exclusive Economic Zone (EEZ) (200 nautical miles) of Tamil Nadu, subject to certain restrictions. However, the interim order is primarily concerned with regulating fishing through administrative and transparency measures rather than addressing conservation measures and obligations mandated by the UNCLOS. The use of purse seine fishing gear poses a threat to traditional fishermen and endangers the livelihoods of these fishermen.

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    Fishing

    What is Seine fishing gear?

    • Seine fishing gear is a type of fishing equipment used to catch fish in large quantities.
    • It consists of a long net that is suspended vertically in the water with the help of floats and weights. The net is then hauled through the water by two boats, which are called seine boats. The boats move towards each other, pulling the net between them and trapping fish in the process.
    • Seine fishing can be done in various ways, including purse seining, beach seining, and boat seining, among others.
    • The type of seine fishing gear used depends on the size of the fish being targeted and the location of the fishing activity.

    About United Nations Convention on the Law of the Sea (UNCLOS)

    • Law of the Sea treaty: UNCLOS is sometimes referred to as the Law of the Sea Convention or the Law of the Sea treaty. It came into operation and became effective from 16th November 1982.
    • Defines rights and responsibilities with respect to oceans: It defines the rights and responsibilities of nations with respect to their use of the world’s oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources.
    • It has created three new institutions on the international scene: International Tribunal for the Law of the Sea, 2. International Seabed Authority, 3. Commission on the Limits of the Continental Shelf

    Fishing

    Conservation and conventions

    • Sovereign rights of coastal states: Under Articles 56.1(a) and 56.1(b)(iii) of UNCLOS, coastal states have sovereign rights to ensure that the living and non-living resources of the EEZ are used, conserved and managed, and not subject to overexploitation.
    • Coastal states discretion: Access to the zone by foreign fleets is also solely within the coastal state’s discretion and subject to its laws and regulations.
    • Total allowable catch in EEZ: In order to prevent overexploitation, coastal States must determine the total allowable catch (TAC) in the EEZ (Articles 61(1) and (2) of UNCLOS) in light of the best scientific evidence available.
    • Conservation of Southern Bluefin Tuna (SBT) 1993: The crux of the SBT is TAC and distribution of allocations among the parties to the SBT, which are very relevant from the angle of conservation of general fishery.

    Did you know?

    • The rise in occurrence of jellyfish indicates rising ocean water temperature.
    • Presence of jellyfish in the area indicates the reduction in the fish population.

    Fishing

    What are the concerns over the move?

    • Regulation is not sufficient: Merely restricting the purse seiner to fish on two days Monday and Thursday from 8 a.m. to 6 p.m. (in the Court order) is not sufficient without regulating the fishing methods used.
    • Insufficient catch for traditional fishermen: International legal efforts are gradually moving in the direction of abandoning the use of large-scale pelagic nets. The huge size of the purse seine nets (2,000 metres in length and 200 m in depth) allows maximum catch for the purse seiners, in turn leaving behind insufficient catch for traditional fishermen.
    • Efforts under TAC might face scientific uncertainty: TAC and the catch quotas are aimed at putting sustainable use into practice among fishermen and maintaining maximum sustainable yield (MSY). The efforts to implement TAC and catch quota might face scientific uncertainty relating to safe limits to ensure MSY.

    Way ahead

    • The Court’s final judgment needs to look into non-selective fishing methods by purse seiners resulting in the by-catch of other marine living species (which could include, many a times, endangered species) a potential ground for trade embargo.
    • The top court should seek guidance from the obligations arising from the multilateral and regional conventions which are meant to bring in sustainable fishing practices over a certain period of time, thereby allowing a common resource such as fish to be naturally replenished.

    Conclusion

    • Despite the best conservation measures and regulation of fishing methods adopted by the authorities, it will be a challenge in dealing with the limitless character of the seas which renders a common resource such as fish available for exploitation by all. The theory of Garrett Hardin, ‘The Tragedy of the Commons’, which says ‘Freedom in a commons brings ruin to all’ should convince all “fishermen, especially the purse seiners of Tamil Nadu, that they must cooperate in complying with conservation measures.

    Mains question

    Q. The Supreme Court of India has allowed purse seine fishing gear to be used for fishing beyond territorial waters. In this backdrop Discuss what is purse seine fishing gear its advantages and the concerns.

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  • Parliamentary Constituencies (PCs) and The Data Gap

    17 February 2023 | op-ed snap | Governance
    Mains Paper 2: Government Scheme/Policies, Representation Of People’s Act

    Central Idea

    • India’s parliamentary constituencies (PCs) serve a dual role as geographical and administrative policy units headed by democratically elected Members of Parliament (MPs), The PCs require timely and available data on critical issues related to population health and socioeconomic well-being. The lack of such data at the PC level hinders MPs from effectively engaging with their constituents to fulfil their needs and aspirations.

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    Parliamentary constituencies (PCs)

    • PCs are geographic areas or districts. Each parliamentary constituency is represented by a Member of Parliament (MP), who is elected by the people of that constituency in a general election.
    • The number of seats allocated to each state is based on its population
    • The MP is responsible for representing the interests and concerns of their constituents in the Parliament, and for taking up issues related to their development and well-being.

    Who generates data on parliamentary constituencies?

    • Election commission is the primary authority: In India, the Election Commission is responsible for providing timely data on PCs. The ECI works in collaboration with various government departments and agencies, as well as local authorities, to collect and verify data on demographics, geography, and other factors that are relevant to the delimitation of constituencies.
    • Periodic delimitation: The process of delimitation, which involves the division of each state into a certain number of constituencies based on population and other criteria, is carried out periodically by the ECI to ensure that representation in the Lok Sabha is fair and equitable.
    • Census and NFHS: In addition to the Election Commission, various government agencies and departments may also be involved in generating data related to PCs, such as the Census of India, NFHS and the Ministry of Home Affairs.

    Issue with timely and accessible data of the PCs

    • Lack of Data Availability at the PC Level: India’s 543 PCs require timely and readily available data on population health and socioeconomic well-being. At present, such data is lacking at the PC level.
    • Limitations of National Data Sharing and Accessibility Policy (NDAP): With the launch of the NDAP in 2012, the Government of India made an effort to make data related to population health and well-being more accessible. However, district-level data, which has emerged as a key input for policy deliberations, does not help the PC have the same data.
    • Inadequate Representation or overlap of PC Boundaries: The district and PC boundaries do not correspond straightforwardly with each other. The districts and PCs overlap, and a district can have parts of or an entirety of multiple PCs intersecting it.
    • For instance: Approximately, only 28 PCs have the same geometry as the districts, and in the remaining PCs, there are various ways in which districts intersect PCs.
    • Misrepresentation hinders MPs in fulfilling responsibilities in their respective PCs: This misrepresents the constituents’ size and composition and hinders MPs from fulfilling their responsibilities towards their constituents effectively.

    Importance of timely and updated district level data

    • Planning and resource allocation: Updated data on districts helps in better planning and allocation of resources, including financial and human resources.
    • For instance: if data shows that a particular district is facing a shortage of doctors, policymakers can allocate more resources to address the issue.
    • Effective implementation of policies: Timely and accurate data helps policymakers to design and implement policies that are better suited to the needs of specific districts.
    • For example: if data shows that a particular district has high levels of malnutrition, policymakers can design and implement a nutrition program that is tailored to that specific district.
    • Monitoring progress: Regularly updated data on districts helps in monitoring progress and assessing the effectiveness of policies and programs implemented in specific districts. If data shows that a particular policy is not producing the desired results, policymakers can make necessary changes or adjustments to the policy.
    • Identifying emerging issues: Timely data on districts can help in identifying emerging issues or challenges. Covid pandemic was good example of district level management of the crisis. This information can help policymakers to take prompt and appropriate action to mitigate the problem.

    What needs to be done?

    • Empowering MPs with Accurate Data:
    1. MPs must be empowered with accurate data that relates to the populations they have been elected to serve.
    2. MPs need to liaise with multiple district administrations effectively to function efficiently and independently.
    • District Coordination and Monitoring Committee:
    1. To improve the synergy between district administration and elected representatives, the Ministry of Rural Development issued an order in 2016 to all states and Union Territories to constitute a District Coordination and Monitoring Committee (DDMC), chaired by district MPs.
    2. The DDMC charged with making the implementation and monitoring of central schemes more efficient. However, the data still pertains to districts and not PCs.
    • Addressing the PC Data Gap with an Interactive PC Data Tracker:
    1. A new interactive PC data tracker developed by the Geographic Insights Lab at Harvard University has for the first time provided data on crucial population, health, and well-being estimates for each of the 543 PCs, including a fact sheet for each PC.
    2. The data underlying the PC dashboard comes from the NFHS-4 and NFHS-5 (2019-2021).
    3. The methodology powering the PC tracker provides a solution to the existing PC data gap.
    4. The tracker uses GPS coordinates to map existing NFHS survey clusters onto PC boundary maps, from which indicator prevalence estimates for each PC are estimated.

    Way Ahead

    • It is necessary to bridge the data gap at the PC level to enable MPs to serve their constituents efficiently and independently.
    • The new interactive PC data tracker is a useful tool for MPs to understand and prioritize the issues most impacting their communities.
    • A more durable solution would entail that all datasets related to population health and socioeconomic well-being be available at the PC level.

    Conclusion

    • In recent years, India’s elected officials have been engaged more extensively in articulating and shaping the policy agenda. Bringing timely and frequent data on issues that matter for population health and well-being to PCs can bring much symmetry and synergy between districts.

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  • Rural Infrastructure Schemes

    Vibrant Villages Programme Gets An Upgrade

    17 February 2023 | op-ed snap | Economics
    Mains Paper 3: Border Area Security Challenges, Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

    Villages

    Central Idea

    • The Indian government has recently announced a significant allocation of funds to improve infrastructure and living conditions in villages along the Line of Actual Control (LAC) with China. Under a “Vibrant Villages” programme, the government will spend Rs 4,800 crore for infrastructure development and to provide livelihood opportunities in the areas bordering China.

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    What is Vibrant Villages Programme?

    • Improve infrastructure in villages along India’s border with China: The Vibrant Villages program is a government initiative aimed at improving infrastructure and creating job opportunities in villages situated along the Line of Actual Control (LAC) with China.
    • Overview: The program involves a significant allocation of funds, i.e., Rs 4,800 crore, to upgrade 633 villages situated in five states, Himachal Pradesh, Uttarakhand, Sikkim, Arunachal Pradesh, and the Union Territory of Ladakh. Under the programme, residential and tourist centres will be constructed.
    • Objectives of the program: The program aims to enhance the living conditions of the people residing in the border areas and improve the security situation along the LAC with China.
    • Expected Benefits: The Vibrant Villages program aims to provide better facilities like schools, 24×7 electricity, and more 4G telecommunication towers in the border areas to match what is available in settlements across the LAC.
    • Strategy to enhance security: The Vibrant Villages program is part of the broader Indian government strategy to enhance security along the border with China. The investment in developing infrastructure and creating job opportunities is a crucial step towards improving the living conditions of the people in the border areas and enhancing the security situation along the LAC with China.
    • Program is modelled after Chinese actions on LAC: The program is modelled after the Chinese military and civilian authorities’ actions on their side of the LAC to build permanent population settlements along the border.

    Villages

    What is the upgraded plan?

    • Over a third of allocation towards road infrastructure in border areas: The plan is to upgrade 633 villages in Himachal Pradesh, Uttarakhand, Sikkim and Arunachal Pradesh and the Union Territory of Ladakh. Over a third of the allocation will go towards road building in the border areas. A new 4.1 km all-weather tunnel will connect Himachal Pradesh to Ladakh making troops movement easier.
    • Sports and tourism for livelihood opportunities: Tourism and sporting activities are being planned in these areas to provide livelihood opportunities for local people.
    • New battalions of ITBP to deploy on border: Further, the government will spend Rs 1,800 crore to raise seven new battalions of the Indo-Tibetan Border Police (ITBP) that means 9,000 personnel chiefly deployed along India’s borders with China alongside the Army.

    What are the concerns for India?

    • National Security: India has long been concerned about China’s territorial claims and military build-up in the region. The development of Chinese villages along the LAC is viewed by India as a part of China’s broader strategy to strengthen its position in the region, which could pose a threat to India’s national security.
    • Military and Strategic Concerns: India is concerned that the villages built by China along the LAC have a dual purpose, i.e., they serve as civilian settlements as well as military outposts. These villages, therefore, give China an edge in terms of strategic advantage and troop deployment in the region.
    • Incursions and Border Disputes: China has been carrying out frequent incursions into Indian territory in the region, leading to increased tensions between the two countries. The development of Chinese villages along the LAC raises concerns that these could be used as bases for future incursions into Indian territory.
    • Environmental and Ecological Concerns: India has expressed concerns over the environmental impact of China’s development of villages along the LAC, as these areas are ecologically sensitive and prone to landslides, flash floods, and earthquakes. The construction of infrastructure such as roads, tunnels, and buildings can have a severe impact on the environment and ecosystem of the region.

    What are the challenges for developing villages along the LAC?

    • Harsh Terrains: The areas along the LAC are characterized by high-altitude terrain, rugged mountains, and harsh weather conditions. These factors pose significant challenges to the construction of infrastructure and provision of services in these regions.
    • Security Concerns: The LAC border region has been the site of numerous border disputes and conflicts between India and China. Developing villages in this region requires addressing security concerns to ensure the safety of local people and government infrastructure.
    • Environmental Impact: The development of infrastructure and facilities in the border regions could have an adverse impact on the environment, including the degradation of natural habitats and the loss of biodiversity. Mitigating these impacts is necessary for sustainable development in these regions.
    • Cooperation from Local Communities: The success of the Vibrant Villages program depends on the cooperation of local communities in the border regions. Building trust and collaboration with these communities is crucial to the program’s success.

    Conclusion

    • China’s incursion in Arunachal Pradesh highlights the present danger that India faces along the LAC with China. India can no longer afford to waste time as the PLA determines when and where to inflict harm on the country. Developing infrastructure and building vibrant villages is an essential step towards enhancing security and better living conditions in the border areas. Steps taken so far in the right direction however, India requires a more comprehensive defence strategy with an all-of-government approach to ensure its territorial integrity.

    Mains question

    Q. What is Vibrant Villages Programme? Discuss the challenges for developing villages along the LAC?

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