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  • Kyrgyzstan-Tajikistan Conflict

    conflict

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

    What is the Kyrgyzstan-Tajikistan Conflict?

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

    Genesis of the dispute

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

    What is happening now at the border?

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

    Significance of Batken

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

    What led to the current flare-up?

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

    Why are the clashes occurring now?

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

    What is the road ahead?

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

     

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  • Draft Telecom Bill 2022

    telecom

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

    Indian Telecommunication Bill, 2022

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

    Why has the government issued a draft Telecommunication Bill?

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

    Key amendments introduced

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

    Other focus areas

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

    Addressing the concerns of telecom industry

    (1) Insolvency of Telecoms

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

    (2) Granting relief

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

    (3) Replacing USOF

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

    Back2Basics: Universal Service Obligation Fund (USOF)

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

     

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  • New Account Settlement System for Stock Trading

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

    What is Settlement of Accounts?

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

    What are SEBI’s new settlement guidelines?

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

    How will it impact investors and traders?

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

    Back2Basics: Securities and Exchange Board of India (SEBI)

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

    Jurisdiction of SEBI

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

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

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

     

    Also read:

    SEBI introduces T+1 Settlement System

     

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  • NASA’s DART mission prepares for an asteroid Dimorphos collision

    dart

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

    What is DART Mission?

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

    Why Dimorphos?

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

    Collision course

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

    Why such mission?

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

     

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  • Dvorak Technique of Weather Forecasting

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

    Who was Vernon Dvorak?

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

    What is the Dvorak technique?

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

    Why is technique still widely in use?

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

     

     

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  • Fly ash generation and Disposal

    fly ashContext

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

    What is fly ash?

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

    fly ash Environmental Problems with fly ash

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

    fly ashIssues with fly ash management

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

    fly ashThe above issues can be addressed by

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

    Conclusion

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

    Mains question

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

     

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  • Domestic violence needs to stop for true women empowerment

    domestic violenceContext

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

    How UN women defines Violence against women and girls

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

    Why Women are the victim?

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

    domestic violenceWhy there is recent spike in violence against women?

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

    What is Domestic violence?

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

    What is the current Status in India?

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

    Recent findings from National Family health Survey Report-5

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

     Why women left behind as compared to men in India?

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

    What can be done for empowering women?

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

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

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

    domestic violenceConclusion

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

    Mains Question

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

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  • Why the India China Border situation is still risky?

    india china borderContext

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

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

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

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

    india china borderWhat are the Strategic implications?

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

    india china borderSteps taken by India

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

    Conclusion

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

    Mains Question

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

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  • Live Streaming of SC proceedings: the rationale and the concerns

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

    Background of the move

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

    Immediate triggers for live streaming

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

    Recommended by A-G

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

    Live streaming in HCs

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

    Global examples of live streaming

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

    Why need live streaming of court?

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

    Concerns around live streaming

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

    Issues to judicial functioning

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

    Way forward

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

    Conclusion

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

     

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  • Rules for Identifying Criminals now notified

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

    Why in news?

    Rules for Identifying Criminals now notified - Civilsdaily

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

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

    Ans. It is about critical measurements of Criminals.

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

    What is the use of identification details in criminal trials?

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

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

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

    What was the need to replace this Act?

    Ans. Changing nature of Crime

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

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

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

    What are some of the concerns with the present legislation?

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

    (1) Various tests behind

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

    (2) A probable police state in making

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

    (3) Includes petty offences

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

    (4) Period of storage of data

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

    (5) Surveillance state

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

    (6) Promotes self-incrimination

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

    Way forward

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

     

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