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  • [Burning Issue] Groundwater Depletion in India

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    Context

    The theme of this year’s World Water Day was ‘Groundwater: Making the Invisible Visible’. The primary focus is to draw attention to the role of groundwater in water and sanitation systems, agriculture, industry, ecosystems, and climate change adaptation. Groundwater helps reduce the risk of temporary water shortage and caters to the needs of arid and semiarid regions, but its value has not been fully recognized in policymaking. Due to its high storage capacity, groundwater is more resilient to the effects of climate change than surface water. The international conference on ‘Groundwater, Key to the Sustainable Development Goals’ and the UN­Water Summit on Groundwater are part of global initiatives to highlight the significance of groundwater in sustainable development.

    Important Facts

    • Estimates: 85% of the rural and 50% of the urban population in India is dependent on groundwater for fulfilling their needs.
    • With an annual groundwater extraction of 248.69 billion cubic meters (2017), India is among the largest users of groundwater in the world.
    • Almost 89% of the groundwater extracted is used for irrigation and the rest for domestic and industrial use (9% and 2%).
    • High water stress: India is one of 17 countries facing extremely high water stress, according to a report by the World Resources Institute.
      • According to the Fifth Minor Irrigation Census, the groundwater level in India has declined by 61 percent between 2007 and 2017. It was further observed that more than 1,000 blocks in India have become water-stressed.
    • Composite Water Management Index (CWMI), 2018 by NITI Aayog: The water demand will exceed the supply by 2050. Groundwater in India depleted at 10-25 mm per year between 2002 and 2016.
      • 54 percent of India’s groundwater wells are declining.
      • It added that about 40% of India’s population possibly would have no access to drinking water by 2030.
    • Extraction value: According to the Central Ground Water Board, the annual groundwater withdrawal is considered to be safe when the extraction rate is limited to below 70% of the annual replenishable recharge.
      • Available data indicate that the level of extraction for the country in 2017 was 63%, from 58% in 2004.
    • Variation across regions: However, the level varied across regions. Punjab, Rajasthan, Haryana, Delhi, Chandigarh, Himachal Pradesh, Tamil Nadu, and Puducherry have crossed the 70% mark.
      • Of 534 districts in 22 States/UTs, 202 districts had stage of extraction ranging from 71% to 385%. NITI Aayog has set the 70% extraction value as the target to be achieved by 2030.
      • Recent studies suggest that groundwater levels are declining in several parts of northern India, especially in regions of high population densities.
    • Quality concern: A quantity­wise safe district may be vulnerable due to deterioration of water quality. Fluoride, iron, salinity, nitrate, and arsenic contamination are major problems.
      • As many as 335 districts reported nitrate pollution compared to 109 in 2006. A high level of nitrate affects human health.
      • Sources of nitrates are mainly anthropogenic and depend on local actions.
      • Biological contamination has also been reported from different parts of the country.

    Reasons for Depletion

    • Increased demand for water for domestic, industrial and agricultural needs and limited surface water resources lead to the over-exploitation of groundwater resources.
    • Limited storage facilities owing to the hard rock terrain, along with the added disadvantage of lack of rainfall, especially in central Indian states.
    • Green Revolution enabled water-intensive crops to be grown in drought-prone/ water deficit regions, leading to over-extraction of groundwater.
    • Frequent pumping of water from the ground without waiting for its replenishment leads to quick depletion.
    • Subsidies on electricity and high MSP for water-intensive crops is also leading reasons for depletion.
    • Water contamination as in the case of pollution by landfills, septic tanks, leaky underground gas tanks, and overuse of fertilizers and pesticides leads to damage and depletion of groundwater resources.
    • Inadequate regulation of groundwater laws encourages the exhaustion of groundwater resources without any penalty.
    • Deforestation, unscientific methods of agriculture, chemical effluents from industries, and lack of sanitation also lead to pollution of groundwater, making it unusable.
    • Natural causes include uneven rainfall and climate change that are hindering the process of groundwater recharge.

    Impact

    • Lowering of the water table: Groundwater depletion may lower the water table leading to difficulty in extracting groundwater for usage.
    • Reduction of water in streams and lakes: A substantial amount of the water flowing in rivers comes from seepage of groundwater into the streambed. Depletion of groundwater levels may reduce water flow in such streams.
    • Subsidence of land: Groundwater often provides support to the soil. When this balance is altered by taking out the water, the soil collapses, compacts, and drops leading to subsidence of land.
    • Increased cost for water extraction: As the depleting groundwater levels lower the water table, the user has to delve deep to extract water. This will increase the cost of water extraction.
    • Contamination of groundwater: Groundwater that is deep within the ground often intermingles with saltwater that we shouldn’t drink.
    • Constraints in food supply: If groundwater availability faces difficulties then there will be hindrances in agricultural production leading to a shortage of food.
    • Limitations to biodiversity and creation of sinkholes: Water table plays a major role in sustaining biodiversity. Often, sinkholes are created when the water table lowers. These sinkholes are dangerous for buildings and towers.

    Policy challenges

    • Estimation of groundwater resources: There is a lack of data available for estimation of groundwater sources and even if they are available, they are indicative and not representative.
    • Crop pricing and water-intensive crops: Decisions such as cropping pattern and cropping intensity are taken independent of the groundwater availability in most areas.
      • Minimum Support Price (MSP) is also available for water-intensive crops leading to widespread cultivation of such crops.
    • Energy subsidies: The challenge is to find a balance between the needs of farmers and the need to ensure the sustainable use of groundwater.
    • Inadequate regulation: Lack of proper regulations and their further implementation has been one of the major challenges in managing groundwater levels in India.
    • Lack of local management: There is a lack of local management of groundwater resources. Local communities have an important role to play in groundwater management and there is a need for devolution of power for local management of such resources.

    Government initiatives

    (1) National Water Policy (2012) by Department of Water Resources, River Development & Ganga Rejuvenation. The policy advocates –

    • Rainwater harvesting and conservation of water.
    • Highlights the need for augmenting the availability of water through direct use of rainfall.
    • Conservation of river, river bodies and infrastructure in a scientifically planned manner through community participation.

    (2) Creation of a new Ministry of Jal Shakti for dealing with all matters relating to water at one place in an integrated manner.

    (3) Atal Bhujal Yojana (Atal Jal): It is a Central Sector Scheme, for sustainable management of groundwater resources with community participation in water-stressed blocks.

    (4) Mass awareness programs (Training, Seminars, Workshops, Exhibitions, Trade Fares and Painting Competitions, etc.) are conducted from time to time each year under the Information, Education & Communication (IEC) Scheme.

     (5) Encouraging farmers to adopt micro-irrigation techniques such as drip irrigation and micro-sprinklers.

    • The government has initiated schemes like the DRIP program, more drop per crop, Krishi Sinchai Yojana to ensure economical water use practices in agriculture.

    (6) Use of tensiometer: The tensiometer gives visual information about the availability of soil moisture conditions. Irrigating the field based on this information will help conserve groundwater.

    Way Forward

    • Routine survey at regular intervals: There should be regular assessment of groundwater levels to ensure that adequate data is available for formulating policies and devising new techniques.
    • Assessment of land use pattern: Studies should be carried out to assess land use and the proportion of agricultural land falling under overt-exploited units.
      • This will help in determining suitable crop patterns in water-stressed areas.
    • Changes in farming methods: To improve the water table in those areas where it is being overused, on-farm water management techniques and improved irrigation methods should be adopted.
      • Methods for artificial recharge of groundwater are also welcome.
      • Bottom-up approach by empowering the local community to become active participants in managing groundwater.
      • Creating regulatory options at the community level such as panchayat is also one among the feasible solutions.
      • Traditional methods of water conservation should be encouraged to minimize the depletion of water resources.
    • Reforms in power supply subsidies for agriculture: The agricultural power-pricing structure needs to be revamped as the flat rate of electricity adversely affects the use of groundwater.
    • Monitoring groundwater extraction: There should be a policy in place to monitor the excessive exploitation of groundwater resources to ensure long-term sustainability.
      • Water meters could be installed to monitor overuse.
      • There should be restrictions to cut off the access to groundwater in areas identified as “critical” and “dark zones”, where the water table is overused or very low.
      • There is a need to treat water as a common resource rather than private property to prevent its overexploitation
    • Preventing groundwater pollution – Steps to minimize and control the dumping of industrial waste into surface water and underground aquifers should also be taken to prevent groundwater from getting polluted.
      • Problems and issues such as waterlogging, salinity, agricultural toxins, and industrial effluents, all need to be properly looked into.
    • The synergy between Central, State and Local governments – Steps need to be taken to achieve optimum benefits of groundwater conservation schemes.
      • This can be done by ensuring coordination between all the ministries and departments of government at the Central, State, and Local levels.
    • Water to be brought under Concurrent List – If water is brought under the Concurrent List of the Indian Constitution, this can help in the development of a comprehensive action plan.
      • Consensus between the centre and states will result in better conservation, development and management of water, including groundwater.
    • Surface water body management: Restoration of ponds, lakes and other traditional water resource structures should be an integral part of the development projects of urban and rural areas and it will substantially develop groundwater potential.
    • Wastewater management: Dual sewage system for grey water and black water and promoting reuse of the recycled water in agriculture and horticulture.
      • Industries should also be encouraged to increase water use efficiency, effluent treatment, reuse of used water, zero liquid discharge, etc.
    • Implementing Mihir Shah Committee (2016) recommendations: Central Water Commission and the Central Ground Water Board could be united and a national water framework with an integrated perspective developed.
      • There is also a need to work out local­level plans covering water resources in all their forms: rainwater, surface water, soil water and groundwater and the resource use sectors.

    Conclusion

    Groundwater depletion is becoming an alarming issue day by day. It is high time that the causes are paid attention to and appropriate measures are taken to prevent a possible water crisis in the future. Leveraging schemes like Atal Bhujal Yojana which seeks to strengthen the institutional framework and bring about behavioral changes at the community level for sustainable groundwater resource management is vital.

    The new paradigm for groundwater management is a socio­ecological challenge, where localism matters. It warrants technical, economic, legal and governance remediation with space for active public participation and community regulatory options to maintain groundwater balance at the village/watershed level.

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    Most of the aspirants don’t think about CSAT preparation until the fag end of UPSC Prelims only because it’s a qualifying paper. You have to get 33% of total marks i.e 66 marks to be clear Prelims. Failure to do so, will prevent you from writing Mains even if you have scored above 100+ marks in the GS Paper.

    Since the last two years, the English Comprehension passages are getting lengthier and the Mathematical questions trickier. Let’s take a look at the 2012 CSAT Paper and compare it with the 2021 CSAT paper.

    2014 CSAT Paper

    Here the questions are asked chapter by chapter and are basic-to-moderate. Questions are direct and straightforward without much combination numerals.

    2021 CSAT Paper

    There is no particular order of questions asked. Immediately after LR questions, we have a question on time and distance. Also the questions are moderate-to-advanced. One cannot find out the answer in first glance itself. There is no one-size fits for all approach or a uniform formula by which you can crack the sequential questions.

    Free Open to All CSAT Session by Civilsdaily Mentor Ravi Sir

    If you have to clear the paper, then you have to attempt atleast 50 questions out of 80. Out of these 50 questions, 27 need to be right. There is also negative marking of 1.5 marks for every wrong answer. Hence, for aspirants from a non-mathematics background the challenge lies in practising for CSAT without reducing time for GS Preparation.

    Do you want to know how you can complete both the lengthy comprehension passages and tricky mathematical questions within the stipulated time? Then it’s time you attended Civilsdaily Mentor Ravi sir’s webinar on Sunday.

    Ravi sir has cleared UPSC Prelims six times and attended the Interview round thrice. As a mentor, Ravi sir is a lifelong UPSC aspirant because he daily reads, checks and evaluates the right study materials for his students. On Monday, he will conduct a session on CSAT which is free for every aspirant to attend. All you have to do is register yourself for the session.

    Key Takeaways in the CSAT Session Conducted by Ravi Sir

    1. Topic-wise live demonstration on how to solve problems.

    2. Examples of easy, moderate and advanced questions to solve.

    3. Variety of questions under each topic.

    4. Previous year question paper analysis from 2013 onwards. How to be ready for the new paper pattern.

    5. Books one can refer for CSAT test series practice and to understand the concepts.

    6. How to practice CSAT without compromising on GS paper studies.

    7. Topic-wise weightage in Quantitative Aptitude.

    8. Ravi sir will solve your doubts in a Q&A discussion towards the end of the session.

    Webinar Details

    If you want to know the secrets of finishing the CSAT paper in 2 hours, then this webinar is for you! We hope this webinar will help all 2022 aspirants implement the suggestions of Ravi sir

    Date: 1st April 2022 (Friday)

    Time: 7 P.M.

  • Register for Free Live Session on  Important Formulas to Ace CSAT – Quantitative Aptitude & Logical Reasioning|| Limited Slots Available, LINK INSIDE

    Register for Free Live Session on Important Formulas to Ace CSAT – Quantitative Aptitude & Logical Reasioning|| Limited Slots Available, LINK INSIDE

    Most of the aspirants don’t think about CSAT preparation until the fag end of UPSC Prelims only because it’s a qualifying paper. You have to get 33% of total marks i.e 66 marks to be clear Prelims. Failure to do so, will prevent you from writing Mains even if you have scored above 100+ marks in the GS Paper.

    Since the last two years, the English Comprehension passages are getting lengthier and the Mathematical questions trickier. Let’s take a look at the 2012 CSAT Paper and compare it with the 2021 CSAT paper.

    2014 CSAT Paper

    Here the questions are asked chapter by chapter and are basic-to-moderate. Questions are direct and straightforward without much combination numerals.

    2021 CSAT Paper

    There is no particular order of questions asked. Immediately after LR questions, we have a question on time and distance. Also the questions are moderate-to-advanced. One cannot find out the answer in first glance itself. There is no one-size fits for all approach or a uniform formula by which you can crack the sequential questions.

    Free Open to All CSAT Session by Civilsdaily Mentor Ravi Sir

    If you have to clear the paper, then you have to attempt atleast 50 questions out of 80. Out of these 50 questions, 27 need to be right. There is also negative marking of 1.5 marks for every wrong answer. Hence, for aspirants from a non-mathematics background the challenge lies in practising for CSAT without reducing time for GS Preparation.

    Do you want to know how you can complete both the lengthy comprehension passages and tricky mathematical questions within the stipulated time? Then it’s time you attended Civilsdaily Mentor Ravi sir’s webinar on Sunday.

    Ravi sir has cleared UPSC Prelims six times and attended the Interview round thrice. As a mentor, Ravi sir is a lifelong UPSC aspirant because he daily reads, checks and evaluates the right study materials for his students. On Monday, he will conduct a session on CSAT which is free for every aspirant to attend. All you have to do is register yourself for the session.

    Key Takeaways in the CSAT Session Conducted by Ravi Sir

    1. Topic-wise live demonstration on how to solve problems.

    2. Examples of easy, moderate and advanced questions to solve.

    3. Variety of questions under each topic.

    4. Previous year question paper analysis from 2013 onwards. How to be ready for the new paper pattern.

    5. Books one can refer for CSAT test series practice and to understand the concepts.

    6. How to practice CSAT without compromising on GS paper studies.

    7. Topic-wise weightage in Quantitative Aptitude.

    8. Ravi sir will solve your doubts in a Q&A discussion towards the end of the session.

    Webinar Details

    If you want to know the secrets of finishing the CSAT paper in 2 hours, then this webinar is for you! We hope this webinar will help all 2022 aspirants implement the suggestions of Ravi sir

    Date: 1st April 2022 (Friday)

    Time: 7 P.M.

  • Crisis and sustainability in the face of climate change

    Context

    The footprint of the Covid-19 pandemic across the sectors of the economy has instilled a new reckoning for resilience and sustainability on the economic, social and environmental (ESG) front.

    IPCC reports suggest adaption for resilience

    • The Intergovernmental Panel on Climate Change (IPCC) published its latest report on climate impacts, vulnerability and adaptation last month.
    • The report suggests that adaptation to climate impacts in the near to medium term can help communities and ecosystems become resilient against the threats from current and future levels of warming.
    •  Ecosystem-based adaptation, for instance, is recommended for taking care of communities and social well-being, while restoring forests, lands and marine ecosystems.
    • The report details the variability in projected climate impacts and the vulnerabilities that can be expected across regions the world over due to differences in the range of warming, geographical location, demographics and the unique biophysical, social and cultural contexts.
    • Cost-effective adaptation: It depends on a host of enablers on which global partnerships need to deliver.
    • Enablers include international cooperation, inclusive technology, financial flows, knowledge sharing and capacity building, with institutions and innovations to support policy development and on-ground implementation.

    Gaps in the literature, acknowledge the uncertainties in climate science

    • The IPCC has been consistently drawing attention to the lack of adequate science from and on developing countries.
    • These countries have in turn been asking for the inclusion of what is broadly termed as “grey literature” or non-peer-reviewed literature in the IPCC process.
    • Good science encompasses the formal and the informal, theory and empiricism, the traditional along with the modern.
    • It relies on evolution through acknowledging the gaps and unknowns, the negatives and positives of past knowledge.
    • The understanding of adaptation finance, adaptation costing, and mapping of climate impacts and adaptation needs of communities in geographically remote locations, for instance, could improve with suitable sourcing of information.

    Way forward

    • Sustainable development, inclusive of climate resilience, calls for an ensemble approach — one that places contextually appropriate emphasis on tackling climate change impacts and development needs in a world with growing challenges.
    • The pathway to be adopted is one of an integrated risk assessment approach, where solutions are interventions that impact the immediate, near and medium-term outcomes for developing economies.
    • Striking the right balance is at any time a choice driven as much by enablers (capabilities, lifestyles and values, financial flows, technical know-how) as by constraints (warming levels, poverty, inequality, lack of health and education).

    Conclusion

    The pandemic highlighted the need for balance in nature-people relationships, even as it tested the ability of the developing world.

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    After beating lakhs of aspirants to be among the top two thousand UPSC candidiates, you might think the final round would be a breezer and requires no prior preparation. For someone who has prepared current affairs intensively for a year, they feel that they can answer the questions in the interview rounds impromptu.

    However, let’s not forget that though the amount of competition decreases substantially in the interview round so much that you have 50% chances of clearing it, the quality of competition increases. You are set up against those aspirants whose average score in Mains is between 900-1000 marks. Most of the candidates fall in this marks bracket. The only way you can create a difference, is by performing exceeding well in the interview.

    To understand how seriously Civilsdaily conducts its UPSC mock interviews, watch this video.

    Why Mock Interviews Are a Better Way to Practice Than By Yourself or With Your Friends?

    Rahul Reddy AIR 218, 2020 tries his best to answer international crisis issues in a diplamtic way

    So, how can you practice for Interview round before you attend it? Does it have to be with friends or in front of the mirror? Remember, the most effective option is the one where you are simulating an actual UPSC interview enviornment. .

    Casual DAF-II filling can cost you a UPSC attempt and thus, you must start your preparation with DAF II curation. The aspirants who have cleared UPSC Mains 2021 can register for our interview support program without any fee (FREE).

    The purpose of mock interviews is to refine your approach, attitude and aptitude to excel in UPSC’s personality test. Mock interviews must support your quest at excelling in the final interview. You must be ready to tackle unexpected questions with your knowledge. You must have a solid opinion backed by data and facts for any issue.

    That’s why Civilsdaily has brought the free mock interview initiative for all Mains-Qualified aspirants. You can practice as many times you would like before you are perfect. If you want to analyse your performance, we will share the video for your reference.

    Here Are the Distinguished Panellists of Civilsdaily Mock Interview 2022

    AIR 268 Nitish Rajora answers questions on Indian Economy with ease

    One of the major advantages of attending the free mock interviews of Civilsdaily is that you will gain exposure to some of the finest bureaucrats retired as well as working, subject matter experts, psychoanalysts and faculty members. Our panellists have direct experience in recruitment and personality analysis.

    1. Mr. Shankar Agarwal (Chairman)– Retired IAS Officer, 1980 Batch, Uttar Pradesh Cadre. Last held position: Joint Secretary for the Government of India.

    2. Dr. SD Singh – Retired IFoS Officer, 1984 Batch, Uttarkhand Cadre

    3. Mr. Virendra Pratap Singh – Serving IRPS Officer of 2008 Batch, IIT Kharagpur Alumni

    4. Dr. Kulbir Singh – Retired Indian Postal Service Officer, 1981 Batch

    5. Mr. Amin Usta – Professor at Jamia Milia Islamia University.

    6. Mr. Noor Mohammed – Electoral Management Expert at Democracy and Election Management (IIIDEM)

    What Will You Learn From the Eminent Panellists?

    AIR 17 Sarthak Agrawal answers questions on the three farm laws

    1. Understand interviewer’s psychology.

    2. Improve your answering style and body language.

    3. Current Affairs update by experts.

    4. Boost your social quotient and emotional quotient.

    5. A video recorded session for critical self-assessment.

    6. Personal discussion with experts after UPSC Interview Guidance Programme for a critical assessment of his/her performance.

    7. Scientific evaluation of strengths and weaknesses of the candidate by experts.

    8. Individual DAF analysis and summary of UPSC interview questions.

    9. Overall balanced feedback by experts on how one can ace the questions asked in UPSC Interview.

    For more details, Contact Pravin, Mentor Head of Civilsdaily.

    Phone Number: 8668582260

  • Privacy concerns in the Criminal Procedure (Identification) Bill 2022

    Context

    The Union Minister of State for Home Affairs introduced the Criminal Procedure (Identification) Bill 2022.

    Purpose of the introduction of the Bill

    • The Bill aims to replace the Identification of Prisoners Act 1920 that has been in need of amendment for several decades.
    • The criticism and the need for amendment was predominantly in respect of the limited definition of ‘measurements’ as under that Act.
    • Back in the 1980s, the Law Commission of India (in its 87th Report) and the Supreme Court of India in a judgment titled State of U.P. vs Ram Babu Misra had nearly simultaneously suggested the need to amend the statute.

    What are the issues with the provisions in the Bill?

    1] Definition of ‘measurement’ includes analysis of the data

    • The definition of measurements is not restricted to taking measurements, but also their “analysis”.
    • The definition now states “iris and retina scan, physical, biological samples and their analysis, behavio[u]ral attributes including signatures….”
    • It goes beyond the scope of a law that is only designed for taking measurements and could result in indirectly conferring legislative backing for techniques that may involve the collection of data from other sources(For instance, using facial recognition).
    • At present there are extensive facial recognition technology programmes for “smart policing” that are deployed all across the country.
    • Such experimental technologies cause mass surveillance and are prone to bias, impacting the fundamental rights of the most vulnerable in India.

    2] Power of the police and prison officials widened

    • The existing law permits data capture by police and prison officers either from persons convicted or persons arrested for commission of offences punishable with a minimum of one year’s imprisonment.
    • Parallel powers are granted to judges, who can order any person to give measurements where it is in aid of investigation.
    • While the judicial power is left undisturbed, it is the powers of the police and prison officials that are being widened.
    • The law removes the existing — albeit minimal — limitation on persons whose measurements could be taken.
    • It is poised to be expanded to all persons who are placed under arrest in a case.
    • Here, the proposed Bill also contains muddied language stating that a person, “may not be obliged to allow taking of his biological samples”.

    3] Storage and retention of data for a long period

    • The National Crime Records Bureau (NCRB) shall for a period of 75 years from the date of collection maintain a digital record, “in the interest of prevention, detection, investigation and prosecution of any offense”.
    • The provision permits the NCRB to, “share and disseminate such records with any law enforcement agency, in such manner as may be prescribed”.
    • The NCRB already operates a centralised database, namely the Crime and Criminal Tracking Network & Systems (CCTNS), without any clear legislative framework.
    • The existence of such legislative power with a technical framework may permit multiple mirror copies and parallel databases of the “measurements” being stored with law enforcement, beyond a State Police department which will be prosecuting the crime and the NCRB which will store all records centrally.
    • For instance, in response to a Standing Committee of Parliament on police modernisation, Rajasthan has stated that it maintains a ‘RajCop Application’ that integrates with “analytics capabilities in real-time with multiple data sources (inter-department and intra-department)”.
    • Similarly, Punjab has said that the “PAIS (Punjab Artificial Intelligence System) App uses machine learning, deep learning, visual search, and face recognition for the identification of criminals to assist police personnel.
    • Hence, multiple copies of “measurements” will be used by State government policing departments for various purposes and with experimental technologies.
    • This also takes away the benefit of deletion which occurs on acquittal and will suffer from weak enforcement due to the absence of a data protection law.
    •  The end result is a sprawling database in which innocent persons are treated as persons of interest for most of their natural lives.

    Conclusion

    To protect individual autonomy and fulfil our constitutional promises, the Supreme Court of India pronounced the Justice K.S. Puttaswamy judgment, reaffirming its status as a fundamental right. The responsibility to protect it falls to each organ of the government, including the legislature and the union executive.

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  • Areas under AFSPA regime reduced: Home Ministry

    The Union Home Ministry has considerably reduced the “disturbed areas” under the Armed Forces (Special) Powers Act (AFSPA) in Assam, Manipur and Nagaland.

    AFSPA: A Backgrounder

    • The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
    • It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
    • It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.

    Armed Forces (Special Powers) Act, 1958

    • Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in “disturbed areas.”
    • AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
    • The Act further provides that if “reasonable suspicion exists”, the armed forces can also arrest a person without warrant; enter or search premises without a warrant; and ban the possession of firearms.

    What are the Special Powers?

    The ‘special powers’ which are spelt out under Section 4 provide that:

    (a) Power to use force, including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;

    (b) Power to destroy structures used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;

    (c) Power to arrest without warrant and to use force for the purpose;

    (d) Power to enter and search premises without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.

    What are the Disturbed Areas?

    • A disturbed area is one that is declared by notification under Section 3 of the AFSPA.
    • As per Section 3, it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.

    Who can declare/notify such areas?

    • The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
    • A suitable notification would have to be made in the Official Gazette.

    Presently ‘Disturbed Areas’

    • AFSPA is currently in force in Assam, Nagaland, Manipur, 3 districts of Arunachal Pradesh, and areas falling within the jurisdiction of 8 police stations in Arunachal Pradesh bordering Assam.
    • In Jammu and Kashmir, a separate law Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 has been in force.

    AFSPA: Is it a License to Kill?

    While the operation of the Section has been controversial in itself, it has attracted much criticism when actions have resulted in the death of civilians.

    • Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
    • Protection against prosecution: This power is further bolstered by Section 6 which provides that legal can be instituted against the officer, except with the previous sanction of the Central Government.

    Supreme Court’s Observations over AFSPA

    • These extra-judicial killings became the attention of the Supreme Court in 2016.
    • It clarified that the bar under Section 6 would not grant “total immunity” to the officers against any probe into their alleged excesses.
    • The judgment noted that if any death was unjustified, there is no blanket immunity available to the perpetrator(s) of the offense.
    • The Court further noted that if an offense is committed even by Army personnel, there is no concept of absolute immunity from trial by the criminal court constituted under the CrPC.

    Constitutionality of AFSPA

    • Attempts have been made to examine the constitutionality of the Act on the grounds that it is contravention to the:
    1. Right to Life and Personal Liberty (Article 21) and
    2. Federal structure of the Constitution since law and order is a State subject

    Recommendations to repeal AFSPA

    (1) Justice B.P. Jeevan Reddy Commission

    • The 2004 Committee headed by Justice B.P. Jeevan Reddy, the content of which has never officially been revealed by the Government, recommended that AFSPA be repealed.
    • Additionally, it recommended that appropriate provisions be inserted in the Unlawful Activities Prevention Act, 1967 (UAPA) instead.
    • It also recommended that the UAPA be modified to clearly specify the powers of the armed forces and paramilitary forces and grievance cells should be set up in each district where the armed forces are deployed.

    (2) ARC II

    • The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.
    • It recommended adding a new chapter to be added to the Unlawful Activities Prevention Act, 1967.
    • However, the recommendation was considered first and then rejected.

    Other issues with AFSPA

    (1) Sexual Misconduct by Armed Forces

    • The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012.
    • It observed that- in conflict zones, legal protection for women was neglected.

    (2) Autocracy

    • The reality is that there is no evidence of any action being taken against any officer of the armed forces or paramilitary forces for their excesses.

    Caution given by the Supreme Court

    A July 2016 judgment authored by Justice Madan B. Lokur in Extra Judicial Execution Victim Families Association quoted the “Ten Commandments” issued by the Chief of the Army Staff for operations in disturbed areas:

    1. Definite circumstances: The “power to cause death is relatable to maintenance of public order in a disturbed area and is to be exercised under definite circumstances”.
    2. Declaration preconditions: These preconditions include a declaration by a high-level authority that an area is “disturbed”.
    3. Due warning: The officer concerned decides to use deadly force on the opinion that it is “necessary” to maintain public order. But he has to give “due warning” first.
    4. No arbitrary action: The persons against whom the action was taken by the armed forces should have been “acting in contravention of any law or order for the time being in force in the disturbed area”.
    5. Minimal use of force: The armed forces must use only the “minimal force required for effective action against the person/persons acting in contravention of the prohibitory order.”
    6. Empathy with perpetrators: The court said that: the people you are dealing with are your own countrymen. All your conduct must be dictated by this one significant consideration.
    7. People friendliness: The court underscored how the Commandments insist that “operations must be people-friendly, using minimum force and avoiding collateral damage – restrain must be the key”.
    8. Good intelligence: It added that “good intelligence is the key to success”.
    9. Compassion: It exhorted personnel to “be compassionate, help the people and win their hearts and minds. Employ all resources under your command to improve their living conditions”.
    10. Upholding Dharma (Duty): The judgment ended with the final Commandment to “uphold Dharma and take pride in your country and the Army”.

    Conclusion

    • Despite demands by civil society groups and human rights activities, none of the recommendations have not been implemented to date.

     

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  • Dam Safety Act can end disputes, says Supreme Court

    The Supreme Court has found in the Dam Safety Act of 2021 a panacea to end the “perennial” legal battle between Tamil Nadu and Kerala over the Mullaperiyar dam.

    What is the Dam Safety Act, 2021?

    • The Act comprehensively postulates for surveillance, inspection, operation and maintenance of dams to prevent disasters.
    • Its key features are as follows:
    1. National Committee on Dam Safety (NCDS): It will be constituted and will be chaired by the chairperson, Central Water Commission. Its’ functions will include formulating policies and regulations regarding dam safety standards and prevention of dam failures, analyzing the causes of major dam failures, and suggesting changes in dam safety practices.
    2. National Dam Safety Authority (NDSA): It will be headed by an officer, not below the rank of an Additional Secretary, to be appointed by the central government. The main task of this authority includes implementing the policies formulated by the NCD, resolving issues between State Dam Safety Organisations (SDSOs), or between an SDSO and any dam owner in that state, specifying regulations for inspection and investigation of dams.
    3. State Dam Safety Organisation (SDSO): Its functions will be to keep perpetual surveillance, inspection, monitoring the operation and maintenance of dams, keeping a database of all dams, and recommending safety measures to owners of dams.
    4. Dam Safety Unit: The owners of the specified dams are required to provide a dam safety unit in each dam. This unit will inspect the dams before and after the monsoon session, and during and after any calamity or sign of distress.
    5. Emergency Action Plan: Dam owners will be required to prepare an emergency action plan, and carry out risk assessment studies for each dam at specified regular intervals.
    6. Certain offences: The act provides for two types of offences – obstructing a person in the discharge of his functions, and refusing to comply with directions issued under the proposed law.

    Why in news?

    • Kerala and Tamil Nadu have been trading charges against each other over the safety, operation and maintenance of the Mullaperiyar dam.
    • While Kerala claims the 126-year-old dam is unsafe, badly maintained and a threat to thousands of people living downstream, Tamil Nadu denies it.
    • Kerala is pitching for a new dam in place of the existing one, while Tamil Nadu, which operates and maintains the reservoir, argues that the dam is well-preserved and so strong that the height water level could even be increased to 152 feet.

    What did the SC say?

    • A few days ago, the Supreme Court was in search of an answer to the “perennial problem” between the two neighbours over the dam.
    • It had mooted the idea of extending the powers of its own supervisory committee to take over charge of the safety and maintenance of the structure and its site.
    • The Bench even wondered whether the supervisory committee should now continue as the 2021 Act has made it redundant.
    • However, Kerala said the Centre was yet to appoint specialists to the NDSA.

     

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  • India to set up Maritime Rescue Co-ordination Centre (MRCC) in Colombo

    India and Sri Lanka have signed an MoU for the Indian public sector Bharat Electronics Ltd (BEL) to set up a state of the art Maritime Rescue Co-ordination Centre (MRCC) in Colombo.

    What is MRCC?

    • MRCCs are part of an international network under the UN’s International Maritime Organisation.
    • They aim to monitor the sea lanes with the objective of swift response to emergencies, such as vessels in distress, rescue and evacuation of people, and prevention of and containing environmental disasters such as oil spills.
    • Each country is responsible for its own Search and Rescue Region (SRR).
    • The work of MRCCs is co-ordinated by the Navy or Coast Guard in each country.
    • In India, the Coast Guard is the co-ordinating agency. In Sri Lanka, it is the Navy.
    • The MRCC will be established with a grant of $6 million from India.

    Benefits offered

    • MRCC enhances co-operation on maritime security between the two countries in a part of the Indian Ocean region where the India-China rivalry has taken centre stage over the last decade.
    • This engagement will augment interoperability and seamless maritime actions like carrying out anti-smuggling operations in the Indian Ocean Region.

    Why such a move by India?

    • Sri Lanka’s SRR is a wide swathe of 1,778,062. 24 sq kms of the Indian Ocean, and nearly 200 ships pass through these waters every day.
    • The MRCC agreement appears to be part of India’s SAGAR (Security and Growth for all in the Region) initiative in the Indian Ocean.

    Issues with MRCC

    • The MRCC has been controversial in Sri Lanka who see every development by India suspicious.
    • Sri Lanka’s Defence Ministry issued a clarification on the MRCC, as well as on recent agreements with India for a naval floating dock and Dornier aircraft.
    • The clarification has provided more details about the agreements than have been in the public domain so far.

     

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