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  • Nikaalo Prelims Spotlight || Species In News

    Dear Aspirants,

    This Spotlight is a part of our Mission Nikaalo Prelims-2023.

    You can check the broad timetable of Nikaalo Prelims here

    Session Details

    YouTube LIVE with Parth sir – 1 PM  – Prelims Spotlight Session

    Evening 04 PM  – Daily Mini Tests

    Telegram LIVE with Sukanya ma’am – 06 PM  – Current Affairs Session

    Join our Official telegram channel for Study material and Daily Sessions Here

    22nd Mar 2023

    Species In News

    Indian Bullfrogs

    • The Indian Bullfrog Hoplobatrachus Tigerinus (native to
      the Indian subcontinent) has rapidly invaded the Andaman
      islands after it was introduced there in the early 2000s.
    • In human-dominated areas, it now shares space with other
      native (and often endemic) frog species.
    •  The bullfrogs are prolific breeders: they have short breeding
      seasons, and each egg clutch can contain up to 5,750 eggs.
    • Its tadpoles are carnivorous and eat other tadpoles (including their own species).
    • The proportion of bullfrog tadpoles surviving was greater
      in the presence of both endemic frog tadpoles.
    • This is worrying because other native frog species – many
      of which are only being described – could also be affected

    Balsams of Eastern Himalayas

    • Consisting of both annual and perennial herbs, balsams
      are succulent plants with high endemism.
    • Because of their bright beautiful flowers, these groups of
      plants are of prized horticultural significance.
    • The details of the new species, including several new
      records, have been highlighted in the book, recently published by the Botanical Survey of India.
    • Of the 83 species described, 45 are from Arunachal Pradesh,
      24 from Sikkim and 16 species common to both states.

    Threats:

    • Prior to 2010, specimens of Impatiens that had potential
      of being identified as new species would be collected but
      the dried-up specimens looked identical to the species
      discovered earlier and their effort yielded no results.
    • Other than high endemism, what sets Impatiens apart is
      their sensitivity to climate change.
    • Most of the species of Impatiens cannot endure persistent
      drought or extended exposure to direct sunlight.
    • As a result Impatiens species are typically confined
      to stream margins, moist roadsides, waterside boulders, near waterfalls and wet forests.

    Miracle Plant Arogyapacha

    • This ‘miracle plant’ is known for its traditional use by the
      Kani tribal community to combat fatigue.
    • Studies have also proved its varied spectrum of pharmacological properties such as anti-oxidant, aphrodisiac, anti-microbial, anti-inflammatory, immunomodulatory, anti-tumour, anti-ulcer, anti-hyperlipidemic, hepatoprotective and anti-diabetic.

    Dracaena Cambodiana: India’s first dragon blood-oozing tree

    • A group of researchers has discovered Dracaena cambodiana, a dragon tree species in the Dongka Sarpo area of West Karbi Anglong, Assam.
    •  This is the first time that a dragon tree species has been
      reported from India.
    • In India, the Dracaena genus belonging to the family Asparagaceae is represented by nine species and two varieties in the Himalayan region, the northeast and Andaman and Nicobar Islands.
    • But Dracaena cambodiana is the only true dragon tree species.
    • The Dracaena seeds are usually dispersed by birds. But due
      to the large fruit size, only a few species of birds are able
      to swallow the fruits, thus limiting the scope of its nature
      conservation.

    7 New Species Of Insects That Can Walk On Water Discovered

    • The newly described species belong to the genus Mesovelia
      whose size ranges from 1.5 mm to 4.5 mm and are equipped
      with hydrophobic setae (bristles) on their legs.
    • The combination of hydrophobic setae and water surface
      tension prevents them from sinking.
    • The insects are pale green with silver-white wings with
      black veins on the basal half which make them stand out
      over the green mat of aquatic weeds.
    • Among the new discoveries, Mesovelia andamana is from
      Andaman Islands, bispinosa and M. isiasi are from Meghalaya, M. occulta and M. tenuia from Tamil Nadu and M.brevia and M. dilatata live both in Meghalaya and Tamil Nadu.

    Evolution

    •  These bugs are hemimetabolous insects without having
      larval stage i.e., they go from egg to nymph to adult.
    • They are found on freshwater bodies such as ponds, lakes,
      pools, streams, rocks with moss and sometimes on estuaries.
    • These bugs serve as predators and scavengers (feed on
      midges, water fleas, feed on dead and dying mosquitoes),
      thereby removing organic waste and also providing a natural sanitation service.
    • The females of Mesovelia are larger than males and dig
      several holes on plants and insert eggs in plant tissues with
      a specially adapted long serrated ovipositor (genital organ).

    Emperor Penguin Colony In Antarctica Vanishes

    • The emperor penguin (Aptenodytes forsteri) is the tallest
      and heaviest of all living penguin species and is endemic
      to Antarctica.
    • Like all penguins, it is flightless, with a streamlined body,
      and wings stiffened and flattened into flippers for a marine habitat.
    • Its diet consists primarily of fish, but also includes crustaceans, such as krill, and cephalopods, such as squid.
    • The only penguin species that breeds during the Antarctic winter, emperor penguins trek 50–120 km over the ice to breeding colonies which can contain up to several thousand individuals.
    • In 2012 the emperor penguin was uplisted from a species of least concern to near threatened by the IUCN.

    Arctic Kelp Forests

    • Kelp is a type of large brown seaweed that grows in shal-low, nutrient-rich saltwater, near coastal fronts around the world.
    • They occur on rocky coasts throughout the Arctic.
    • Kelp is a type of large brown seaweed that grows in shallow, nutrient-rich saltwater, near coastal fronts around the world.
    • They occur on rocky coasts throughout the Arctic.
    • The longest kelp recorded in the Arctic in Canada was 15 metres, and the deepest was found at 60-metre depth (Disko Bay, Greenland).
    • Kelps function underwater in the same way trees do on land. They create habitat and modify the physical environment by shading light and softening waves.
    • The underwater forests that Kelps create are used by many animals for shelter and food.More than 350 different species – up to 100,000 small invertebrates – can live on a single kelp plant, and many fish, birds and mammals depend on the whole forest.
    • Kelp forests also help protect coastlines by decreasing the power of waves during storms and reducing coastal erosion.

    Neelakurinji Blossom

    • Kurinji or Neelakurinji (Strobilanthes kunthianus) is a shrub that is found in the shola forests of the Western Ghats in South India
    • Nilgiri Hills, which literally means the blue mountains, got their name from the purplish-blue flowers of Neelakurinji that blossoms only once in 12 years.
    • It is the most rigorously demonstrated, with documented bloomings in 1838, 1850, 1862, 1874, 1886, 1898, 1910, 1922, 1934, 1946, 1958, 1970, 1982, 1994, 2006 and 2018
    • Some Kurinji flowers bloom once every seven years, and then die. Their seeds subsequently sprout and continue the cycle of life and death.

    Kashmir Stag (Hangul)

    • Hangul, the state animal of Jammu & Kashmir, is restricted to the Dachigam National Park some 15 km north-west of Jammu & Kashmir summer capital Srinagar.
    • The Hangul is placed under Schedule I of the Indian Wildlife (Protection) Act, 1972 and the J&K Wildlife Protection Act, 1978.
    • The Hangul was once widely distributed in the mountains of Kashmir and parts of Chamba district in neighbouring Himachal Pradesh.
    • The IUCN’s Red List has classified it as Critically Endan-gered and is similarly listed under the Species Recovery Programme of the Wildlife Institute of India (WII) and the Environmental Information System (ENVIS) of the MoEFCC.
    • From a population of 5,000 in the early 1900s, the Hangul’s numbers have constantly declined over the decades.
    • The Hangul is considered equally significant to the state of Jammu & Kashmir as the tiger is to the whole of India.
    • The Paliyan tribal people living in Tamil Nadu used it as a reference to calculate their age.
    • It is the only Asiatic survivor or subspecies of the European red deer.
    • But the state animal’s decreasing population remains a big concern.
    • According to the latest survey in 2017, the population of Hangul is 182 in Dachigam and adjoining areas. Earlier population estimates suggest that there were 197 deer in 2004 and 186 in 2015. T
    • The IUCN Red Data Book — which contains lists of species at risk of extinction — has declared the Hangul as one of three species that were critically endangered in J&K.
    • The other two are the Markhor — the world’s largest species of wild goat found in Kashmir and several regions of central Asia — and the Tibetan antelope or ‘Chiru’.

    Great Indian Bustard

    • The Great Indian Bustard (GIB) is one of the few species that the Government of India has included in its ‘recovery programme for critically endangered species’.
    • With less than 200 GIBs remaining in the world, most of them were found in Rajasthan’s ‘Desert National Park’. We are on the brink of forever losing a majestic bird species, which was once a strong contender to be declared as India’s National Bird.
    • Habitat: Arid and semi-arid grasslands, open country with thorn scrub, tall grass interspersed with cultivation.
    • It avoids irrigated areas. It is endemic to Indian Sub-continent. found in central India, westem India and eastern Pakistan.
    • Currently, it is found in only six states in the country Madhya Pradesh, Gujarat, Maharashtra, Andhra Pradesh, Rajasthan and Karnataka. Protection: Listed in Schedule I of the Wildlife (Protection) Act, 1972 and Critically Endangered on the IUCN Red List.
    • It is also listed in Appendix I of CITES and covered under CMS or Bonn Convention.
    • Bustard Species Found in India: Great Indian Bustard, the Lesser Florican and the Bengal Florican; Houbara also belong to Bustard family but it’s a migratory species.
    • Importance to Ecosystem: GIB is an indicator species for grassland habitats and its gradual disappearance from such environments shows their deterioration. Once the species is lost. there will be no other species to replace it, and that will destabilise the ecosystem of the grassland and affect critical bio-diversities, as well as blackbucks and wolves, who share their habitat with the GIB.
    • Conservation Steps: Great Indian Bustard, popularly known as ‘Godawan is Rajasthan’s state bird. The state government has started “Project Godawan” for its conservation at Desert National Park (DNP) in Jaisalmer. It’s one of the Spades for The Recovery Programme under the Integrated Development of  Wildlife Habitats of the Ministry of Environment and Forests.

    Tasmanian Tiger

    • The Tasmanian tiger or thylacine (a dog headed pouched dog) was an exclusively carnivorous marsupial that is considered to be extinct.
    • It has resemblance to a dog, with its distinguishing features being the dark stripes beginning at the rear of its body and extending into its tail, its stiff tail and abdominal pouch.
    • The last known thylacine died in captivity over 80 years ago, in Tasmania’s Hobart Zoo in 1936.
    • It may also be the only mammal to have become extinct in Tasmania since the European settlement.

    Adratiklit boulahfa

    • Named Adratiklit boulahfa, it is also the first stegosaurus to be found in North Africa.
    • Its remains were discovered in the Middle Atlas Mountains of Morocco.
    • The scientists believe it is not only a new species but also belongs to a new genus.
    • The name is derived from the words used by the Berber (an ethnic group indigenous to North Africa) for mountains (Adras), lizard (tiklit) and and the area where the specimen was found. (Boulahfa).

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  • The Global Security Initiative (GSI) : China’s Sincere Effort or a Mere Counter-Narrative?

    Central Idea

    • The Global Security Initiative (GSI), a China-led framework aiming to restore stability and security in Asia, appears to be more of a counter-narrative to U.S. leadership rather than a genuine attempt to establish a sustainable security order.

    What is GSI?

    • The GSI was introduced by Chinese Minister of Foreign Affairs Qin Gang at the Lanting Forum in Beijing.
    • The initiative is based on five pillars: mutual respect, openness and inclusion, multilateralism, mutual benefit, and a holistic approach.

    Analysis: China’s track record shows a different picture than what the GSI envisions

    1. Mutual Respect and Adherence to International Law:
    • China’s relations with neighbors like India and Southeast Asian countries demonstrate a lack of respect for their sovereignty and territorial integrity.
    • China’s assertive manoeuvres in the South China Sea, rejection of UNCLOS, and undermining of India’s territorial integrity are at odds with the GSI’s first principle.
    1. Openness and Inclusion:
    • Despite advocating for openness and inclusion, China engages in exclusionary policies in the East and South China Seas, rejecting freedom of navigation and consolidating its sphere of influence.
    1. Multilateralism and Security Cooperation:
    • China’s involvement in multilateral institutions often involves asymmetric power relations, as seen in its dealings with ASEAN members.
    • Its delay in establishing a Code of Conduct for the South China Sea and ongoing militarization in the region undermine this principle.
    1. Mutual Benefit:
    • China’s Belt and Road Initiative (BRI) has the potential to benefit all parties involved. However, its funding of unsustainable projects for countries with low credit ratings creates debt burdens and destabilizes international macroeconomic stability.
    • China’s insistence on a larger share in joint resource exploration with the Philippines is another example of disregarding mutual benefit.
    1. Holistic Approach:
    • China’s rise in a transitioning multipolar international system has led to power competitions with established and rising powers, such as the U.S. and India.
    • Its engagements with these powers indicate a narrowly defined goal for its power interests. Furthermore, China’s involvement in non-traditional security threats, such as the COVID-19 pandemic and arming terror groups, shows a lack of holistic approach.

    Conclusion

    • China’s rise in a transitioning multipolar international system has led to power competitions with established and rising powers, and its involvement in non-traditional security threats shows a lack of holistic approach. It’s Global Security Initiative, which is a vision of a future security order, is vastly different from China’s recent track record of external engagement.

    Mains Question

    Q. What is China’s Global Security Initiative (GSI)? It is said that China’s GSI is vastly different from China’s recent track record of external engagement. Discuss

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  • IAS Toppers’ strategy for Current Affairs | LIVE session on How to actually cover current affairs for UPSC 2023-24? and FIVE point agenda | Sajal sir, Dimple ma’am & Dinesh sir | Get FREE Samachar Manthan Module | Register FREE

    IAS Toppers’ strategy for Current Affairs | LIVE session on How to actually cover current affairs for UPSC 2023-24? and FIVE point agenda | Sajal sir, Dimple ma’am & Dinesh sir | Get FREE Samachar Manthan Module | Register FREE

    The three most important figures in UPSC current affairs space will discuss the most important aspect of your prep. (Click here for details)

    Register for Recorded Video

    Current Affairs RTC FREE Recorded Video (Register) | Get Samachar Manthan module for Current Week + Mentorship call

    Preparing for UPSC Current Affairs is akin to being tossed into a turbulent sea of information, leaving most aspirants disoriented and unsure where to focus their attention. The struggle to navigate through the endless news cycle and discern what’s essential for the UPSC exam is real.

    But fret not, for that we already have the Samachar Manthan, Civilsdaily’s flagship program for current affairs, helmed by the illustrious Sajal Sir. Packed with fresh perspectives and exciting features, it’s designed to make your current affairs preparation journey smoother and more enjoyable than ever before.

    But today we have something special to announce.

    Coming Thursday, the Triumvirate of Samachar Manthan, Sajal sir, Dimple ma’am, and Dinesh sir will be LIVE for a detailed Round table level Conference where they will discuss everything that is important for UPSC Current Affairs.

    This is open to all and is an online meeting, we will share the Zoom link with you after registration for this event.

    What is Current Affairs RTC?

    Senior IAS mentors like Sajal sir, Dinesh sir, and Dimple ma’am will be LIVE for detailed session on UPSC current affairs

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    Guaranteed results

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  • SC to examine if Electoral Bond pleas need to be referred to Constitution Bench

    bond

    The Supreme Court will examine whether petitions challenging the validity of the electoral bonds scheme need to be referred to a Constitution Bench.

    What is a Constitution Bench?

    • The constitution bench is the name given to the benches of the Supreme Court of India.
    • The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.

    Constitution benches are set up when the following circumstances exist:

    1. Interpretation of the Constitution: Article 145(3) provides for the constitution of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
    2. President of India seeking SC’s opinion: When the President has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for Advisory jurisdiction to the SC. As per the provision, the President has the power to address questions to the apex Court, which he deems important for public welfare.
    3. Conflicting Judgments: When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.
    • The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.
    • Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as:
    1. K. Gopalan v. State of Madras (Preventive detention)
    2. Kesavananda Bharati v. State of Kerala (Basic structure doctrine) and
    3. Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.

     

    What are Electoral Bonds?

    • Electoral bonds are banking instruments that can be purchased by any citizen or company to make donations to political parties, without the donor’s identity being disclosed.
    • It is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of State Bank of India.
    • The citizen or corporate can then donate the same to any eligible political party of his/her choice.
    • An individual or party will be allowed to purchase these bonds digitally or through cheque.

    About the scheme

    • A citizen of India or a body incorporated in India will be eligible to purchase the bond
    • Such bonds can be purchased for any value in multiples of ₹1,000, ₹10,000, ₹10 lakh, and ₹1 crore from any of the specified branches of the State Bank of India
    • The purchaser will be allowed to buy electoral bonds only on due fulfillment of all the extant KYC norms and by making payment from a bank account
    • The bonds will have a life of 15 days (15 days time has been prescribed for the bonds to ensure that they do not become a parallel currency).
    • Donors who contribute less than ₹20,000 to political parties through purchase of electoral bonds need not provide their identity details, such as Permanent Account Number (PAN).

    Objective of the scheme

    • Transparency in political funding: To ensure that the funds being collected by the political parties is accounted money or clean money.

    Who can redeem such bonds?

    • The Electoral Bonds shall be encashed by an eligible Political Party only through a Bank account with the Authorized Bank.
    • Only the Political Parties registered under Section 29A of the Representation of the People Act, 1951 (43 of 1951) and which secured not less than one per cent of the votes polled in the last General Election to the Lok Sabha or the State Legislative Assembly, shall be eligible to receive the Electoral Bonds.

    Restrictions that are done away

    • Earlier, no foreign company could donate to any political party under the Companies Act
    • A firm could donate a maximum of 7.5 per cent of its average three year net profit as political donations according to Section 182 of the Companies Act.
    • As per the same section of the Act, companies had to disclose details of their political donations in their annual statement of accounts.
    • The government moved an amendment in the Finance Bill to ensure that this proviso would not be applicable to companies in case of electoral bonds.
    • Thus, Indian, foreign and even shell companies can now donate to political parties without having to inform anyone of the contribution.

    Issues with the Scheme

    • Opaque funding: While the identity of the donor is captured, it is not revealed to the party or public. So transparency is not enhanced for the voter.
    • No IT break: Also income tax breaks may not be available for donations through electoral bonds. This pushes the donor to choose between remaining anonymous and saving on taxes.
    • No anonymity for donors: The privacy of the donor is compromised as the bank will know their identity.
    • Differential benefits: These bonds will help any party that is in power because the government can know who donated what money and to whom.
    • Unlimited donations: The electoral bonds scheme and amendments in the Finance Act of 2017 allows for “unlimited donations from individuals and foreign companies to political parties without any record of the sources of funding”.

    Way ahead

    • The worries over the electoral bond scheme, however, go beyond its patent unconstitutionality.
    • The concern about the possibility of misuse of funds is very pertinent.
    • The EC has been demanding that a law be passed to make political parties liable to get their accounts audited by an auditor from a panel suggested by the CAG or EC. This should get prominence.
    • Another feasible option is to establish a National Election Fund to which all donations could be directed.
    • This would take care of the imaginary fear of political reprisal of the donors.
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  • [Burning Issue] Same-Sex Marriages In India

    marriage

    Context

    • Recently, the Supreme Court referred a batch of petitions seeking the legal recognition of same-sex marriages to a Constitution Bench.
    • The Union government has opposed the petitions. Law Minister Kiren said that marriage is a matter of policy to be decided by Parliament and the executive alone.
    • In this context, this edition of the Burning Issue will explain this issue and the arguments around it.

    What is the issue?

    • The Supreme Court had issued notice to the Centre Govt on a plea by two gay couples seeking recognition of same-sex marriage under the Special Marriage Act, 1954 in November 2022, asking for its stand on same-sex marriage.
    • In response to this notice, the Union Government has recently filed an affidavit clarifying its stance on same-sex marriages.

    What is meant by Same-sex marriage?

    • Same-sex marriage is the legal recognition of a marriage between two individuals of the same sex.
    • It grants same-sex couples the same legal and social recognition, rights, and privileges that are traditionally associated with marriage, including property rights, inheritance rights, and the ability to make decisions for each other in medical emergencies.
    • The recognition of same-sex marriage varies around the world, with some countries legalizing it while others do not.
    • The issue has been the subject of much debate and controversy, with arguments for and against same-sex marriage based on religious, cultural, social, and legal considerations.

    Same-sex marriage in India

    • Same-sex marriage is currently not legally recognized in India.
    • Section 377 of the Indian Penal Code, which criminalized homosexuality, was struck down by the Supreme Court of India in 2018, which was a landmark decision for LGBTQ+ rights in the country.
    • However, there is still no law that allows same-sex couples to legally marry or have any legal recognition of their relationships.

    What is the Judicial basis for same-sex marriage?

    Decriminalization of IPC section 377 in the Navtej Singh Johar & Ors. V. Union of India(2018)

    • In this landmark verdict, the Supreme Court today scrapped the controversial Section 377– a 158-year-old colonial law on consensual gay sex.
    • Section 377, which is part of an IPC 1861, banned “carnal intercourse against the order of nature with any man, woman or animal” — which was interpreted to refer to homosexual sex.
    • The Supreme Court reversed its own decision and said Section 377 is irrational and arbitrary.
    • The judgment was delivered by a Bench of Chief Justice of India Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.

    What does the Government affidavit say?

    The main points of the Government affidavit are:

    • Heterosexual marriage has been the norm throughout history and is “foundational to both the existence and continuance of the state.”
    • Marriage in India is regarded as a “holy union,” a “sacrament,” and a “sanskar,” and is dependent on customs, rituals, practices, cultural ethos, and societal values.
    • Any “deviation” from the “statutorily, religiously and socially” accepted norm in “human relationships” can only happen through the legislature and not the Supreme Court.
    • In its affidavit to the Supreme Court, the government argued that the traditional concept of marriage, consisting of a biological man, woman and child, cannot be disrupted.
    • It claimed that recognizing same-sex marriages could cause havoc in the system of personal laws.
    • As different from many liberal democracies, in India, aspects of marriage, succession and adoption are governed by religious personal laws.

    Reasons behind the center’s opposition

    • Legal revamp required: The registration of marriage of same-sex persons also results in a violation of existing personal as well as codified law provisions — such as ‘degrees of prohibited relationship’; ‘conditions of marriage’; ‘ceremonial and ritual requirements’ under the personal laws governing the individuals”.
    • Definition of spouse: In a same-sex marriage, it is neither possible nor feasible to term one as ‘husband’ and the other as ‘wife’ in the context of the legislative scheme of various personal laws.
    • Against cultural norms:  The social order in our Country is a religion based which views procreation as an obligation for the execution of various religious ceremonies.
    • Property and other civil rights: Property rights post-marriage is a much-contested issue in India. Same-sex marriage will not create any immunity for the law but increase complex interpretations.
    • Navtej case did not mention marriages: The 2018 Navtej Singh Johar judgment decriminalized homosexuality, but it did not mention/legitimize same-sex marriage.
    • Not comparable to the heterosexual couple: Same-sex marriage cannot be compared to a man and woman living as a family with children born out of the union.
    • Violation of existing personal laws: Registration of same-sex marriage would result in a violation of existing personal as well as codified law provisions.
    • In the interest of society: There is a “compelling interest” for society and the state to limit recognition to heterosexual marriages only.

    What stand do petitioners have?

    Same-sex marriage as a matter of rights

    • Any social policy is liable to judicial interference if rights are violated.
    • The petitioners rely on the rights to equality and non-discrimination as laid out in Articles 14 and 15.
    • The Constitution prohibits the state from discriminating based on sex.
    • Sex has been interpreted by the Supreme Court in Navtej Singh Johar (2018) to include sexual orientation. Granting the right to marry heterosexual couples and not to homosexual couples discriminates on the basis of their sexual orientation.

    Same-sex marriage is a matter of privacy

    • Right to privacy: Supreme Court recognized this right to be part of the right to life and liberty under Article 21 of the Constitution in the celebrated Puttaswamy (2017) verdict.
    • What the court said on privacy: Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation.
    • The state currently denies this right: The right to privacy entails the right of the citizens to make decisions about their family life and marriage. The state currently denies same-sex couples this right.
    • The Special Marriage Act: The Special Marriage Act is a secular law that works alongside religious personal laws. Same-sex marriages can be recognized under the Special Marriage Act. The Act already speaks of marriages between any two persons which are solemnized under it. Any two persons can include two persons of the same sex.

    Special Marriage Act

    • The Special Marriage Act is a law in India that allows individuals of different religions or nationalities to marry each other.
    • It was enacted in 1954 and came into effect in 1955.
    • The Special Marriage Act allows for inter-caste and inter-religious marriages, and couples who register under this act are not required to change their religion or follow any religious rites or rituals. However, the act does not recognise same-sex marriages.
    • The act also provides for divorce on certain grounds and maintenance to the spouse and children.

    Issues with such marriages

    • Morality: This has brought with it a change in social attitudes so that the stigma attached to homosexuality has to a greater extent disappeared.
    • Rising activism: Campaigns for lesbian and gay rights have taken on an increasingly radical character, arguing for an end to all forms of discrimination against homosexuality.
    • Religious sanctions: Same-sex acts are punishable by death in Arab countries. No religion openly embraces same-sex marriage. More or less, they are considered unnatural everywhere.
    • Social stigma:  Apart from the harsh legal scenario, homosexuals face social stigma as well. Same-sex marriages are still unimaginable as any instance of sexual relations between a couple of the same sex draws hatred and disgust.  
    • Patriarchy: It must not be forgotten that Indian society is patriarchal in nature and the fact that certain women and men have different choices, which is not sanctioned by the ‘order’, frightens them in a way.
    • Burden of collectivity: Our society is very community oriented and individualism is not encouraged in the least, any expression of homosexuality is seen as an attempt to renounce tradition and promote individualism.

    Arguments in favor of such marriages

    • Pursuit of happiness: Homosexuality is not an offense, it is just a way of the pursuit of happiness, a way to achieve sexual happiness or desire.
    • Right to privacy: The fundamental right to liberty (under Article-21) prohibits the state from interfering with the private personal activities of the individual.
    • Arbitrariness: Infringement of, the right to equal protection before the law requires the determination of whether there is a rational and objective basis to the classification introduced.
    • Issues with the definition: Section-377 assumes that a natural sexual act is that which is performed for procreation. Hence, it thereby labels all forms of the non-procreative sexual act as unnatural.
    • Discrimination: Section-377 discriminates based on sexual orientation which is forbidden under Article-15 of the Constitution. Article-15 prohibits discrimination on several grounds, which includes Sex.
    • Human rights: The universal law of Human Rights states that social norms, tradition, custom or culture cannot be used to curb a person from asserting his fundamental and constitutional rights.
    • Many countries recognizing: According to global think tank Council of Foreign Relations, same-sex marriages are legal in at least 30 countries, including the United States, Australia, Canada and France.

    Parallels in west

    • In Obergefell v Hodges (2015), the Supreme Court of the United States held that same-sex couples have a constitutional right to marriage.
    • Thirty-one out of the 50 states in the United States have marriage laws that define marriage as between a man and a woman.
    • In May 1996, South Africa became the first country to constitutionally prohibit discrimination based on sexual orientation.
    • The United Kingdom passed the “Alan Turing law” in 2017 which ‘granted amnesty and pardon to the men who were cautioned or convicted under historical legislation that outlawed homosexual acts’.

    Way forward

    • Dissociating from religion: Such marriages are forbidden in almost every religion. Hence no single religion should be considered a hindrance in creating a legal sanction.
    • Doing away with discrimination: The same-sex community needs an anti-discrimination law that empowers them to build productive lives and relationships irrespective of gender identity.   
    • Letting the society evolve: Society has to imbibe the doctrine of progressive realization of rights and it cannot be forcibly convinced by law.
    • Creating awareness: Certainly, this is not an overnight phenomenon. We are a society where the practice of Sati and Nikah halala was considered a religious order.
    • Widen the scope of article 15 to include gender too: Article 15 secures the citizens from every sort of discrimination by the state, on the grounds of religion, race, caste, sex or place of birth or any of them. The grounds of non-discrimination should be expanded by including gender and sexual orientation.
    • Sensitise the general public and officials: Justice Rohinton F. Nariman had directed in Navtej Singh Johar & Ors., the Government to sensitize the general public and officials, to reduce and finally eliminate the stigma associated with the LGBTQ+ community through the mass media and the official channels.
    • Sensitise students: School and university students too should be sensitized about the diversity of sexuality to deconstruct the myth of heteronormativity. Heteronormativity is the root cause of hetero-sexism and homophobia.

    Conclusion

    • The debate on the legal recognition of same-sex marriages in India continues to be a contentious issue, with the government and petitioners presenting opposing views.
    • However, given the complex social, cultural, and legal considerations, any decision regarding same-sex marriage should be carefully evaluated to ensure that it is inclusive and respects individual rights.
    • Ultimately, it is important to arrive at a balanced and just solution that upholds the principles of equality and non-discrimination for all individuals, regardless of their sexual orientation.

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  • Why do so many Waste-to-Energy Plants fail?

    waste

    The Kerala government has announced its first waste-to-energy project in Kozhikode, which is expected to be built in two years and generate about 6 MW of power.

    What are Waste-to-Energy Plants?

    • Waste-to-energy plants are facilities that use non-recyclable dry waste to generate electricity.
    • The process involves combusting the non-recyclable dry waste, which generates heat that is then converted into electricity.
    • These plants are used to increase a state’s power generation capacity while also easing the burden of solid waste management.

    Feasibility of such plants

    • Waste-to-energy plants consume a portion of the non-recyclable dry waste generated in urban local bodies (ULBs) nearby.
    • These plants can be a good way to deal with the mountains of waste that Indian cities produce but require the unwavering support of the municipality, its residents, and the State to succeed.

    Operational status in India

    • In India, solid waste is generally composed of 55-60% biodegradable organic waste, 25-30% non-biodegradable dry waste, and around 15% silt, stones, and drain waste.
    • However, despite there being around 100 waste-to-energy projects around the country, only a handful of them are operational, thanks to various production and operation challenges.

    Why do such projects often fail?

    • Waste-to-energy projects often fail because of improper assessments, high expectations, improper characterisation studies, and other on-ground conditions.
    • They faces several challenges, such as-
    1. Low calorific value of solid waste in India due to improper segregation
    2. High costs of energy production, and
    3. Variable quantity of waste generated by cities due to multiple factors.

    Various challenges

    • Improper segregation: The calorific value of mixed Indian waste is about 1,500 kcal/kg, which is not suitable for power generation. Waste-to-energy plants require segregated and dried non-recyclable dry waste, which has a calorific value of 2,800-3,000 kcal/kg. However, segregation of waste is often not done properly, which can lead to low-quality feedstock and reduced power generation.
    • High costs: The cost of generating power from waste is around Rs 7-8/unit, while the cost at which the States’ electricity boards buy power from coal, hydroelectric, and solar power plants is around Rs 3-4/unit. This high cost of energy production can make waste-to-energy projects less attractive compared to other sources of energy.
    • Low efficiency: Such projects have low efficiency due to the low calorific value of mixed waste, which reduces the amount of energy that can be generated. This can make it difficult to generate sufficient power to make the project financially viable.
    • Operational challenges: Such projects are often subject to operational challenges, such as improper assessments, high expectations, improper characterisation studies, and other on-ground conditions. The quantity of waste generated by cities varies due to multiple factors, including season, rainfall, and the floating population, which can make it difficult to get a consistent supply of feedstock.
    • Environmental concerns: Such plants can generate emissions, such as nitrogen oxides, sulfur dioxide, and particulate matter, which can be harmful to the environment and human health. Therefore, it is important to ensure that these plants operate with proper environmental controls in place.

    Way forward

    • Proper segregation: To overcome these challenges, the municipality must ensure that only non-biodegradable dry waste is sent to the plant and separately manage the other kinds of waste.
    • Public awareness: The full support of the municipality, the State, and the people is crucial for the success of the project.
    • Extensive field studies: It is also necessary to conduct field studies and learn from the experience of other projects.
    • All-stakeholders collaboration: There should be a tripartite agreement between the municipality, the plant operator, and the power distribution agency to optimise cost per unit of power.

     

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  • SC asks govt. for data on Death by Hanging

    death

    The Supreme Court has asked the Centre to provide data which may point to a more dignified, less painful and socially acceptable method of executing prisoners other than death by hanging.

    Central idea

    • The Supreme Court is hearing a petition challenging the constitutionality of death by hanging as a mode of execution.
    • The petition argued that there is a need to evolve a “humane, quick and decent alternative” to hanging, which he termed as “cruel and barbarous” compared to lethal injection used in the United States.

    Quest for painless execution

    • Justice Narasimha noted that there was literature suggesting that “hanging is closest to painless”.
    • In 2018, the Centre filed an affidavit supporting death by hanging and stated that it had found the method of firing squads and lethal injections as “barbaric, inhuman and cruel”.
    • The government traced statistics of “botched-up” administration of lethal injections to condemned prisoners in the United States for 110 years to prove its point.

    Status of death penalty in India

    • Section 354 (5) of the Code of Criminal Procedure mandates that a person sentenced to death shall “be hanged by the neck till he is dead”.
    • In India, The Air Force Act, 1950, The Army Act 1950, and The Navy Act 1957 say that execution has to be carried out either by hanging by the neck until death or by being shot to death.

    Why in news now?

    • The court clarified that it was not questioning the constitutionality of the death penalty, which was well-settled in Deena versus Union of India judgment and the Bachan Singh case reported in 1980.
    • The government argued that the mode of execution is a “matter of legislative policy” and the death penalty is awarded only in the rarest of rare cases, with only three executions between 2012 and 2015.

    Debate over Death Penalty

    Arguments in favor:

    • Forfeiture of life: Supporters of the death penalty believe that those who commit murder, because they have taken the life of another, have forfeited their own right to life.
    • Moral indignation of the victim: It is a just form of retribution, expressing and reinforcing the moral indignation not only of the victim’s relatives but of law-abiding citizens in general.
    • Highest form of Justice: For heinous crimes such as the Nirbhaya Gangrape Case, no other punishment could have deterred the will of the convicts.
    • Deterrent against crime: Capital punishment is often justified with the argument that by executing convicted murderers, we will deter would-be murderers from killing people.
    • Proportional punishment: The guilty people deserve to be punished in proportion to the severity of their crime.
    • Prevailing lawlessness: The crimes we are now witnessing cannot be addressed by simple punishments. We are seeing horrific attacks on women, young girls, minority communities and Dalits etc.
    • Prevention of crime is non-existent: Despite of stringent regulations, it is certainly visible that some crimes can never be prevented in our society.

    Arguments against:

    • Eye for an eye: Reformative justice is more productive, that innocent people are often killed in the search for retribution, and that “an eye for an eye makes the whole world blind.
    • Deterrence is a myth: Death penalty is not a deterrent to capital crimes state that there is no evidence to support the claim that the penalty is a deterrent.
    • Political tool of suppression: The authorities in some countries, for example Iran and Sudan, use the death penalty to punish political opponents.
    • Reverence for life’ principle: Death penalty is an immoral punishment since humans should not kill other humans, no matter the reasons, because killing is killing.
    • Stigma against killing: With the introduction of lethal injection as execution method, medical professionals participate in executions. Many professionals have now refused to administer such deaths.
    • Skewed justice systems: In many cases recorded by Amnesty International, people were executed after being convicted in grossly unfair trials, on the basis of torture-tainted evidence and with inadequate legal representation.
    • Discriminatory nature: The weight of the death penalty is disproportionally carried by those with less advantaged socio-economic backgrounds or belonging to a racial, ethnic or religious minority.
    • Penalizing the innocents: The risk of executing the innocent precludes the use of the death penalty. Our colonial history has witnessed many such executions.

    Other issues with such executions

    (a) Socio-Economic Factors

    • The recent statistics shows that the death row prisoners in India are more from the backward classes of the society.
    • The death row prisoners belong to backward classes and religious minorities and the majority of convicts’ families are living in adjunct poverty.
    • These people who are backward both in economic and social respects, are not in a position to here expensive lawyers and get proper representation in the Court.

    (b) Delayed Execution

    • The law provides for a long process before the execution of the convicts actually takes place.
    • The unexplained delay in execution can be a ground for commutation of death penalty, and an inmate, his or her kin, or even a public-spirited citizen could file a writ petition seeking such commutation.
    • Their trials are often cruelly forced to endure long periods of uncertainty about their fate.

    Way forward: Law Commission recommendations on death penalty

    The Law Commission of India in its 262nd Report (August 2015) recommended that:

    • Death penalty be abolished for all crimes other than terrorism-related offences and waging war.
    • Measures such as police reforms, witness protection scheme and victim compensation scheme should be taken up expeditiously by the government.
    • It felt that time has come for India to move towards abolition of the death penalty. However the concern is often raised that abolition of death penalty for terrorism-related offences and waging war, will affect national security.

     

  • Key takeaway of the IPCC Synthesis Report

    ipcc

    The IPCC Synthesis Report warns that the world is on track to breach the 1.5-degree Celsius global warming limit by the 2030s, which would cause irrevocable damage to the planet’s ecosystem and severely impact humans and other living beings.

    What is IPCC Synthesis Report?

    • The IPCC Synthesis Report is a summary report produced by the Intergovernmental Panel on Climate Change (IPCC) that presents key findings and policy recommendations from the group’s previous assessment reports.
    • It aims to provide policymakers with a concise overview of the current state of knowledge on climate change, its impacts, and options for mitigation and adaptation.
    • The Synthesis Report is released at the end of each assessment cycle, which typically takes six to seven years, and is approved by representatives from the IPCC’s member governments.

    Intergovernmental Panel on Climate Change (IPCC)

    • The IPCC, an intergovernmental body was established in 1988 by the World Meteorological Organization (WMO) and the United Nations Environment Programme (UNEP).
    • It was later endorsed by the UN General Assembly. Membership is open to all members of the WMO and UN.
    • The IPCC produces reports that contribute to the work of the UN Framework Convention on Climate Change (UNFCCC), the main international treaty on climate change.

     

    Key highlights of the synthesis report

    • Climate extremes on rise: Due to the current global warming levels, almost every region across the planet is already experiencing climate extremes, an uptick in deaths due to heatwaves, reduced food and water security, and damage to ecosystems, causing mass extinction of species on land and in the ocean.
    • High vulnerability: More than three billion people live in areas that are “highly vulnerable” to climate change.
    • Boost up climate finance: The largest gaps in climate finance are in the developing world, but so too are the largest opportunities.

    Key concerns raised

    The report highlights the urgent need for-

    • Limiting the use of fossil fuels
    • Increasing finance to climate investments
    • Expanding the clean energy infrastructure,
    • Reducing nitrogen pollution from agriculture, curtail food waste, and
    • Adopting measures to make it easier for people to lead low-carbon lifestyles

    Conclusion

    • The report adds that there is still a chance to avert this mass-scale destruction, but it would require an enormous global effort to slash greenhouse gas emissions in half by 2030 and completely phase them out by 2050.
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  • What is the Interpol, and what is a Red Notice?

    interpol

     

    In a major setback to Indian agencies, Interpol has taken down from its website the Red Notice against a fugitive who is wanted in connection with the ₹13,578-crore Punjab National Bank fraud cases.

    What is the news?

    • The person whom the Union Ministry of Home Affairs has listed as a “terrorist” under the Unlawful Activities (Prevention) Act (UAPA).

    Why has Interpol rejected India’s request?

    • The Interpol has said that India has failed to provide sufficient information to support its case.
    • It criticized the UAPA for being misused to target minority groups and human rights activists without “respecting” their right to due process and a fair trial.
    • While acknowledging the separatists leader, the Interpol has said that his activities have a “clear political dimension”, which cannot be the subject of a Red Corner Notice.

    What is the Interpol?

    • The Interpol, or International Criminal Police Organization, is an inter-governmental organization comprising 195 member countries, which helps police forces in all these countries to better coordinate their actions.
    • It enables member countries to share and access data on crimes and criminals and offers a range of technical and operational support.
    • It is run by a secretary general with its headquarters in Lyon, France, with a global complex for innovation in Singapore, and several satellite offices in different regions.
    • India accepted Interpol membership in June 1956.

    How does it function in member countries?

    • Interpol has a National Central Bureau (NCB) in each member country, which is the central point of contact for both the general secretariat and the other NCBs around the world.
    • Each NCB is run by police officials of that country, and usually sits in the government ministry responsible for policing. (MHA in case of India.)
    • Interpol manages 19 police databases with information on crimes and criminals (from names and fingerprints to stolen passports), accessible in real-time to countries.
    • It also offers investigative support such as forensics, analysis, and assistance in locating fugitives around the world.

    What is a Red Notice?

    • Criminals or suspects often flee to other countries to evade facing justice.
    • A Red Corner Notice, or Red Notice (RN) alerts police forces across the world about fugitives who are wanted internationally.
    • Red Notices are issued for fugitives wanted either for prosecution or to serve a sentence.
    • A Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action.
    • An RN is published by Interpol at the request of a member country.

    Indian fugitives on this RN

    • Among the most popular Indians on this list are jeweller Mehul Choksi and diamantaire Nirav Modi.

    Is an RN a warrant of arrest?

    • An RN is only an international wanted persons’ notice; it is not an international arrest warrant.
    • Interpol itself does not want individuals; they are wanted by a country or an international tribunal.
    • This means the Interpol cannot compel law enforcement authorities in any country to arrest the subject of an RN.
    • It is up to individual member countries to decide what legal value to give to an RN, and the authority of their national law enforcement officers to make arrests.
    • Interpol says that an RN must comply with its constitution and rules.
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  • What is the National Security Act, 1980?

    Punjab Advocate General has confirmed the invocation of National Security Act (NSA) to Amritpal Singh’s case.

    National Security Act, 1980

    • The NSA was passed by the Parliament in 1980 and has been amended several times since then.
    • It empowers the state to detain a person without a formal charge and without trial.
    • It is invoked when a person is taken into custody to prevent them from acting in any manner prejudicial to “the security of the state” or for “maintenance of the public order”.
    • It is an administrative order passed either by the Divisional Commissioner or the District Magistrate.

    Grounds for detention under NSA

    • NSA can be invoked to prevent a person from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India.
    • Among others, it can also be applied to prevent a person from acting in any manner prejudicial to the maintenance of supply and services essential to the community.
    • An individual can be detained without a charge for a maximum period of 12 months.
    • The detained person can be held for 10 to 12 days in special circumstances without being told the charges against them.

    Protection available under the Act

    • One crucial procedural safeguard under the NSA is granted under Article 22(5).
    • All the detained persons have the right to make an effective representation before an independent advisory board.
    • The board is chaired by a member who is, or has been, a judge of a high court.
    • The DM who passes the detention order is protected under the Act and no prosecution or any legal proceeding can be initiated against the official who carries out the orders.

    Cases for misuse

    • The Supreme Court in earlier cases had held that to prevent “misuse of this potentially dangerous power, the law of preventive detention has to be strictly construed”.
    • “Meticulous compliance with the procedural safeguards” has to be ensured.

    Criticism of NSA

    • Human rights groups have said in the past that the Act vitiates Article 22 of the Constitution and various provisions under the CrPC that safeguard the interest of an arrested person.
    • Under the CrPC, the arrested person has to be produced before the nearest Magistrate within 24 hours, but the NSA carves out an exception.
    • Some human rights groups argue that it is often misused by authorities to silence political opponents or those who are critical of the government.
    • There have been calls for the Act to be repealed or amended to prevent its abuse.
    • However, there is an opposing view that the Act cannot be construed to be a draconian law as it protects the larger interest of the state and is therefore likely to stay.

    Try this MCQ:

    Which of the following is a true statement about the National Security Act, 1980?

    A) The Act allows preventive detention only for specific violations of the law.

    B) The detained person has the right to move a bail application before a criminal court.

    C) A person can be detained under the Act only if he/she has been charged with a crime.

    D) The Act can be invoked to prevent a person from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India.

     

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