💥Join UPSC 2027,2028 Mentorship (August Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

Search results for: “”

  • Report on Abuse of UAPA

    The People’s Union for Civil Liberties (PUCL) has released a report titled “UAPA: criminalizing dissent and state terror” on the alleged abuse of the legislation between 2009 and 2022, and demanded that the law be repealed.

    What is Unlawful (Activities) Prevention Act (UAPA)?

    • The UAPA is aimed at effective prevention of unlawful activities associations in India.
    • Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
    • It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
    • It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
    • Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.

    What are Unlawful Activities and Associations?

    • The UAPA lays down the definitions and rules for designating an organisation as an “unlawful association” if it is engaged in certain types of activities.
    • Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”.
    • The government can then issue a notification designating such an organisation as a terrorist organisation, if it believes that the organisation is part of “terrorist activities.”

    (1) Unlawful Activites

    • Under section 2(o) of the UAPA, an unlawful activity in relation to an individual or association means – Any action taken by such an individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), –
    1. Works for the Cession of a part of the territory of India or the secession of a part of the territory of India from the Union
    2. Disclaims, questions, disrupts or is intended to Disrupt the sovereignty and territorial integrity of India; or
    3. which causes or is intended to cause Disaffection against India;
    • Related and ancillary acts, including financing, support or promotion of any such activities are also “unlawful activity”.

    (2) Unlawful Association

    The UAPA also defines an “Unlawful Association” under section 2(p) as meaning any association,–

    1. which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity or
    2. which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity

    Reported abuse of UAPA

    • The PUCL report studied data from the National Crime Records Bureau (NCRB) from 2015 to 2020.
    • It has found per-case conviction rate under the UAPA was 27.57% compared with 49.67% in Indian Penal Code (IPC) cases.
    • The per-arrestee conviction rate was just 2.8% against 22.19% in IPC cases.
    • This is far less to figure of the success of having UAPA.

    Cases registered under UAPA

    • During the check period, 5,924 cases were registered and 8,371 persons arrested.
    • The National Investigation Agency, on its website, had listed 456 cases of which 78% involved UAPA charges.

    Issues with UAPA

    • Burden of proof: With such high barriers of proof, it is now impossible for an accused to obtain bail, and is in fact a convenient tool to put a person behind bars indefinitely.
    • No interim bail: As a consequence of UAPA being applied, the accused cannot even get bail.
    • Traitor branding: This is being abused by the government, police and prosecution liberally: now, all dissenters are routinely implicated under charges of sedition or criminal conspiracy and under the UAPA.
    • Fake and framed cases: In multiple instances, evidence is untenable, sometimes even arguably planted, and generally weak overall.

    Key recommendations of the report

    • The report has sought:
    1. Repeal of the NIA Act and disbanding of the agency
    2. Release of all political prisoners (also who are on bail) and
    3. Action to provide reparations for those wrongfully accused and released by Courts

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • How Tokenization will change your online purchase?

    token

    The RBI’s deadline for tokenization of cards used in online payments passed on 30 September.

    What is Tokenization?

    • Tokenisation refers to the replacement of credit and debit card details with an alternative code called a ‘token’.
    • This token is unique for a combination of card, token requestor (the entity that accepts a request from the customer for tokenization of a card and passes it on to the card network to issue a token) and the device.

    How does it work?

    • Tokenizing credit and debit cards is a way to reduce the number of places where your card data can be found.
    • For instance, payments on Uber showed a warning that your card data will be saved with payment gateways such as Visa and Mastercard.
    • What it is saying is that a merchant like Uber will have to work with payment networks like Visa to convert the card details into a digital token, which is then used to validate transactions.
    • As a result, the card details you enter on the Uber app, or any online platform, are not stored on the company’s cloud servers, and are hence more secure.

    What is the digital token being used?

    • The digital token is a randomized string, usually alphanumeric. So, a 16-digit card number gets converted to something like 8f9%yf57ljTa.
    • It is generated by computer programmes, and the card network tags the token to your actual card details, and relays the token to the merchant.
    • When payments are to be requested, the merchant sends this token to the card network, which matches it against the saved details and validates the transaction.
    • A third party accessing the token won’t have use for it, since tokens will be unique across combinations of card, token requestor and merchants.

    Who can offer tokenization services?

    • Tokenisation can be performed only by the authorised card network and recovery of original Primary Account Number (PAN) should be feasible for the authorised card network only.
    • Adequate safeguards have to be put in place to ensure that PAN cannot be found out from the token and vice versa, by anyone except the card network.
    • RBI has emphasised that the integrity of the token generation process has to be ensured at all times.

    Benefits of Tokenization

    • Transaction safety: Tokenization reduces the chances of fraud arising from sharing card details.
    • Easy payments: The token is used to perform contactless card transactions at point-of-sale (PoS) terminals and QR code payments.
    • Data storage: Only card networks and card-issuing banks will have access to and can store any card data.

    How were the transactions processed?

    token

    • There are many players involved in processing one card transaction today:
    1. Merchant
    2. Payment aggregator
    3. Issuing bank
    4. Card network
    • When a transaction happens on a merchant platform, the data is sent to the payment aggregator (PA).
    • The PA next sends the details to either the issuing bank or the card network.
    • Then issuing bank sends an OTP and the transaction flows back.

    How will tokenization prevent online fraud?

    • Card details saved on an app are stored in cloud servers, which if hacked, can give the hacker access to information like card numbers, expiry dates, name of holder etc.
    • Though most merchants put special mechanisms to store card details in an obfuscated manner, it’s much more difficult to hack a bank or a Visa than it is to hack websites and apps.

    How does it differ from encryption?

    • The primary difference is that the token cannot lead one to the card details.
    • In encryption, a computer program obfuscates data using an encryption key, and this key can turn the data back to its original form.
    • In tokenization, however, there is no way to know what data a token represents unless one has access to the databases of the actual issuer of that token.
    • In many cases, laws don’t consider tokens as “sensitive data”, and hence, companies don’t have to ensure the same compliance to protect them.

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • ‘Professors of Practice’ for all colleges, universities

    University Grants Commission (UGC) has issued new guidelines under which higher education institutes can create a new teaching position called Professor of Practice to hire experts from various sectors, in line with provisions that already exist in the Indian Institutes of Technology (IITs).

    Professors of Practice

    • If one is a distinguished professional in any field but do not have a formal academic qualification such as a PhD, he/she can still be eligible for appointment as faculty in any college or university in India.
    • To be eligible for appointment, an individual will have to be a “distinguished expert” who has made remarkable contributions in their professions.
    • The post is open to the institutions themselves to decide the sector from which they want to rope in professionals.

    Streams opened for this post

    • A professor of practice can be anyone with a background in a diverse range of areas from technology, science, social sciences, media, literature, armed forces, law, fine arts, etc.
    • However, the position is not open for those in the teaching profession — either serving or retired.

    Minimum qualifications

    • No formal academic qualification is necessary in order to be considered for this position if a person has been an “exemplary” professional in their field of work.
    • Currently, under the UGC’s minimum qualifications needs a PhD to be recruited as a professor or associate professor, and also needs to have cleared the National Eligibility Test (NET).

    Will the professor of practice be a full-time position?

    • It can be either a full-time or a part-time engagement for at least four years.
    • Initially, the hiring will be for one year.
    • Based on performance, extensions may be given.

    How will these appointments be made?

    • Universities and colleges will carry out appointments on a nomination basis.
    • In other words, vice-chancellors or directors have been authorized to invite nominations for filling up posts, which cannot exceed 10 percent of the sanctioned faculty strength of an institute.
    • After nominations are invited, those interested can send their applications with detailed biodata and a brief write-up about the ways they can potentially contribute.
    • The applications will be considered by a selection committee comprising two senior professors from the respective institute, and one “eminent external member”.
    • Based on the recommendations of the committee, the academic council and the executive council of the institutes will take the final call on appointment.

    What about remuneration?

    • The remuneration will be decided at the level of the institutes and the experts being hired.
    • In some cases, universities can even approach industries for financial support.

    Why such move?

    • India’s higher education institutes are understaffed, with thousands of vacancies across central and state universities.
    • So the UGC is hoping that recruiting industry experts and professionals will help “augment faculty resources” in universities and colleges.
    • The move is aimed at addressing concerns about the quality of graduates being produced by Indian colleges and universities.
    • Around the world, the idea of a professor of practice aims essentially to facilitate and promote the integration of academic scholarship with practical expertise and experience.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • PUC Certificate must to buy fuel in New Delhi

    Motorists will not be able to buy fuel in Delhi without a valid Pollution Under Control (PUC) certificate from October 25.

    What is PUC Certificate?

    • The PUC certificate is a document that any person driving a motor vehicle can be asked to produce by a police officer in uniform authorized by the state government.
    • These issue certificates if a vehicle is found complying with the prescribed emission norms.
    • Since the Motor Vehicles (Amendment) Act, 2019 came into force, PUC certificate has been made mandatory.
    • A PUC certificate contains information such as the vehicle’s license plate number, PUC test reading, date on which the PUC test was conducted and the expiry date.

    Compliance rules

    • According to Central Motor Vehicles Rules, 1989, every motor vehicle is required to carry a valid PUC Certificate after the expiry of period of one year from the date of its first registration.
    • This includes those conforming to BS-I/ BS-II/ BS-III/BS-IV /BS-VI as well as vehicles plying on CNG/LPG.
    • However, the validity of four-wheeled BS-IV compliant vehicles is one year and for other vehicles it is three months.

    How is a pollution control check carried out?

    • The computerized model for pollution check was developed by the Society of Indian Automobile manufacturers.
    • A gas analyzer is connected to a computer, to which a camera and a printer are attached.
    • The gas analyzer records the emission value and sends it to the computer directly, while the camera captures the license plate of the vehicle.
    • Subsequently, a certificate may be issued if the emission values are within the limits.

    Why obtain PUC Certificate?

    • Emissions from automobiles are major contributors to air pollution all over the world.
    • The smoke emitted from vehicles contains the following pollutants:
    1. Hydrocarbons (HC)
    2. Carbon Monoxide (CO)
    3. Oxides of Nitrogen (NOx)
    4. Particulate Matter (PM)
    5. Sulphur Dioxide (SO2)
    6. Carbon Dioxide (CO2)
    7. Nitrous Oxide (N2O)

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • MeFSAT Database for Medicinal Fungi

    mefsat

    An analytical study of medicinal fungi using MeFSAT carried out by researchers from Chennai shows that some chemicals they secrete may find use as novel drugs.

    What is MeFSAT?

    • MeFSAT (Medicinal Fungi Secondary Metabolites and Therapeutics) is a database that compiles information on 184 medicinal fungi, including mushrooms.
    • It is a manually curated database that compiles information on secondary metabolites and reported therapeutic uses of medicinal fungi from published research articles and specialized books on the subject.

    Why in news?

    • Chennai-based researchers analysed the structure of 1,830 secondary metabolites of medicinal fungi.
    • Secondary metabolites are chemical compounds that fungi produce when they are stressed.
    • They enhance the fungus’ ability to survive.

    What are medicinal fungi?

    • Medicinal fungi belongs to two taxonomic divisions namely, basidiomycota and ascomycota.
    • Mushrooms belong to the basidiomycota division. An example is Agaricus bisporus, the button mushroom, which can be consumed.
    • Fungi belonging to the ascomycota division are generally not mushrooms.

    Examples of fungi-based medicines

    • Cordycepin, a secondary metabolite produced by Cordyceps species of fungus, is known to have anti-tumor properties.
    • Not only cordycepin, in general, but several secondary metabolites are also known to be beneficial for humans in terms of both therapy and health.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • 30th September 2022 | Prelims Daily with Previous Year Questions

    30th September 2022 | Prelims Daily with Previous Year Questions

    [WpProQuiz 1126]

    [WpProQuiz_toplist 1126]

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • 29th September 2022| Daily Answer Writing Enhancement(AWE)

    Topics for Today’s questions:

    GS-1          Social empowerment, communalism, regionalism & secularism.

    GS-2          Bilateral, regional and global groupings and agreements involving India and/or affecting  India’s interests.

    GS-3          Indian Economy; Changes in industrial policy and their effects on industrial growth. 

    GS-4         Public/Civil service values and Ethics in Public administration: Status and problems; ethical concerns and dilemmas in government and private institutions;

    Question 1)

     

    Q.1 Cultural pluralism of the society is a manifestation of diverse religious issues. However, it is secular values that sustains it. (10 Marks)

     

    Question 2)

    Q.2 In the recent past, the India Japan relationship has transformed to a partnership of great substance and purpose. Discuss. (10 Marks)

    Question 3)

    Q.3 The Dharamshala Declaration aims to recognise India’s potential in supporting global tourism and also promote domestic tourism. Highlighting the importance of tourism sector in India, mention some government efforts to give it a boost. (15 Marks)

    Question 4)  

    Q.4 The moral fibre and ethical conduct of public officials not only influence the standard of governance but also their own interests and performance. Elaborate. (10 Marks)

     

    HOW TO ATTEMPT ANSWERS IN DAILY ANSWER WRITING ENHANCEMENT(AWE)?

    1. Daily 4 questions from General studies 1, 2, 3, and 4 will be provided to you.

    2. A Mentor’s Comment will be available for all answers. This can be used as a guidance tool but we encourage you to write original answers.

    3. You can write your answer on an A4 sheet and scan/click pictures of the same.

    4.  Upload the scanned answer in the comment section of the same question.

    5. Along with the scanned answer, please share your Razor payment ID, so that paid members are given priority.

    6. If you upload the answer on the same day like the answer of 11th  February is uploaded on 11th February then your answer will be checked within 72 hours. Also, reviews will be in the order of submission- First come first serve basis

    7. If you are writing answers late, for example, 11th February is uploaded on 13th February , then these answers will be evaluated as per the mentor’s schedule.

    8. We encourage you to write answers on the same day. However, if you are uploading an answer late then tag the mentor like @Staff so that the mentor is notified about your answer.

    *In case your answer is not reviewed, reply to your answer saying *NOT CHECKED*. 

    1. For the philosophy of AWE and payment: 
    CLICK HERE To join Daily AWE

  • All women have Right to Legal and Safe Abortion: Supreme Court

    The Supreme Court has held that all women, irrespective of their marital status, are entitled to safe and legal abortion till 24 weeks of pregnancy under the Medical Termination of Pregnancy (MTP) Act.

    A case for safe abortion

    • A Bench led by Justice D.Y. Chandrachud was hearing the appeal of a woman who wanted to abort her 24-week pregnancy after her relationship failed and her partner left her.
    • The lower court had taken an “unduly restrictive view” that her plea for a safe abortion was not covered under the Medical Termination of Pregnancy Act.
    • This was since the pregnancy arose from a consensual relationship outside wedlock.

    What was the last amendment?

    • The court noted that an amendment to the Act in 2021 had substituted the term ‘husband’ with ‘partner’, a clear signal that the law covered unmarried women within its ambit.

    Reiterating the live-in recognition

    • Chastising the lower court, the Bench said live-in relationships had already been recognised by the Supreme Court.
    • There were a significant number of people in social mainstream who see no wrong in engaging in pre-marital sex.
    • The law could not be used to quench “notions of social morality” and unduly interfere in their personal autonomy and bodily integrity.

    About Medical Termination of Pregnancy (MTP) Act

    • Abortion in India has been a legal right under various circumstances for the last 50 years since the introduction of the Medical Termination of Pregnancy (MTP) Act in 1971.
    • The Act was amended in 2003 to enable women’s access to safe and legal abortion services.
    • Abortion is covered 100% by the government’s public national health insurance funds, Ayushman Bharat and Employees’ State Insurance with the package rate for surgical abortion.

    The idea of terminating your pregnancy cannot originate by choice and is purely circumstantial. There are four situations under which a legal abortion is performed:

    1. If continuation of the pregnancy poses any risks to the life of the mother or mental health
    2. If the foetus has any severe abnormalities
    3. If pregnancy occurred as a result of failure of contraception (but this is only applicable to married women)
    4. If pregnancy is a result of sexual assault or rape

    The pregnancy can be terminated upto 24 weeks of gestational age after the opinion of two registered medical practitioners under these conditions —

    • If the woman is ​​either a survivor of sexual assault or rape or incest
    • If she is a minor
    • If her marital status has changed during the ongoing pregnancy (i.e. either widowhood or divorce)
    • If she has major physical disabilities or is mentally ill
    • On the grounds of foetal malformation incompatible with life or if the child is born, it would be seriously handicapped
    • If the woman is in humanitarian settings or disaster, or emergency situations as declared by the government

    These are the key changes that the Medical Termination of Pregnancy (Amendment) Act, 2021, has brought in:

    1. The gestation limit for abortions has been raised from the earlier ceiling of 20 weeks to 24 weeks, but only for special categories of pregnant women such as rape or incest survivors. But this termination would need the approval of two registered doctors.
    2. All pregnancies up to 20 weeks require one doctor’s approval. The earlier law, the MTP Act 1971, required one doctor’s approval for pregnancies upto 12 weeks and two doctors’ for pregnancies between 12 and 20 weeks.
    3. Women can now terminate unwanted pregnancies caused by contraceptive failure, regardless of their marital status. Earlier the law specified that only a “married woman and her husband” could do this.
    4. There is also no upper gestation limit for abortion in case of foetal disability if so decided by a medical board of specialist doctors, which state governments and union territories’ administrations would set up.

    Criticism of Abortion

    • Foetuses feel the pain: If the foetus is beyond 20 weeks of gestation, gynaecs assume that there will be pain caused to the foetus.
    • Abortions cause psychological damage: Young adult women who undergo abortion may be at increased risk for subsequent depression.
    • Abortions reduce the number of adoptable babies: Instead of having the option to abort, women should give their unwanted babies to people who cannot conceive. Single parenthood is also gaining popularity in the US.
    • Cases of selective abortion: Such cases based on physical and genetic abnormalities (eugenic termination) is overt discrimination.
    • Abortion as a form of contraception: It is immoral to kill an unborn child for convenience. Many women are using abortion as a contraceptive method.
    • Morality put to question: If women become pregnant, they should accept the responsibility that comes with producing a child. People need to take responsibility for their actions and accept the consequences.
    • Abortion promotes throwaway culture: The legalization of abortion sends a message that human life has little value and promotes the throwaway culture.

    Arguments in favour for Abortion Rights

    • Upholding individual conscience and decision-making:  The US Supreme Court has declared abortion to be a fundamental right guaranteed by the US Constitution.
    • Reproductive choice empowers women: The choice over when and whether to have children is central to a woman’s independence and ability to determine her future.
    • Foetal viability occurs post-birth:  Personhood begins after a foetus becomes “viable” (able to survive outside the womb) or after birth, not at conception. Abortion is the termination of a pregnancy, not a baby.
    • No proof of foetal pain: Most neuroscientists believe that the cortex is necessary for pain perception. The cortex does not become functional until at least the 26th week of a foetus’ development.
    • Preventing illegal abortions: Access to legal, professionally-performed abortions reduces maternal injury and death caused by unsafe, illegal abortions.
    • Mother’s health: Modern abortion procedures are safe and do not cause lasting health issues such as cancer and infertility.
    • Child’s health: Abortion gives pregnant women the option to choose not to bring fetuses with profound abnormalities to full term.
    • Prevents women’s exclusion: Women who are denied abortions are more likely to become unemployed, to be on public welfare, to be below the poverty line, and to become victims of domestic violence.
    • Reproductive choice protects women from financial disadvantage: Many women who choose abortion don’t have the financial resources to support a child.
    • Justified means of population control: Many defends abortion as a way to curb overpopulation. Malnutrition, starvation, poverty, lack of medical and educational services, pollution, underdevelopment, and conflict over resources are all consequences of overpopulation.

    Conclusion

    • Hence it is now established that the right to abortion is a legal right of all women.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Stressed ecology of Bay of Bengal

    Bay of BengalContext

    • At the fourth BIMSTEC summit, Prime Minister Narendra Modi announced the opening of the Centre for Bay of Bengal Studies (CBS) at Nalanda University. The launch of the CBS has once again demonstrated India’s commitment to advancing constructive agendas by forging connections and setting up platforms for all those with an interest in the of Bay of Benagl.

    Bay of BengalWhy Bay of Bengal is so important?

    • Commerce hub: The Bay has long been a major commerce hub for the Indian Ocean. It created a conduit between the East and the West in terms for trade and culture.
    • Emerging arena of maritime warfare: An Indo-Pacific orientation and the realignment of global economic and military power towards Asia have had a considerable impact on the Bay region.
    • Communication and Energy: The key sea lanes of communication in this area are lifelines for global economic security and are crucial to the energy security that powers the economies of many countries in the region.Further, non-traditional dangers including terrorism and climate change have become more prevalent.
    • Under water resources: The Bay also provides an opportunity for greater regional cooperation in the environmentally friendly exploration of marine and energy resources. The Bay has a biodiverse marine environment.
    • Fresh water resources: It receives the water from some of the world’s largest rivers. It is a partially enclosed sea that has given rise to several geological characteristics.
    • Ecology: It is home to many rare and endangered marine species and mangroves, which are essential to the survival of the ecology and the fishing sector.

    Bay of BengalWhy ecology in the region is under threat?

    The region’s maritime environment has changed as are result of major powers expanding their economic and geopolitical influence.

    • Competition: Political and cultural engagement, together with economic competition, have taken on new dimensions. More crucially, the Bay’s ecosystem is going through an unprecedented crisis brought on by widespread environmental exploitation and geopolitical unrest.
    • Resource exploitation: Species extinction is a result of careless exploitation of the maritime environment, which has severe consequences on biodiversity. Problems such as population growth, altered land use, excessive resource exploitation, salinity, sea level rise, and climate change are exerting significant strain on the Bay’s environment.
    • Water pollution: Operational discharge from small and medium feeder ships, shipping collisions, unintentional oil spills, industrial waste, pollution, and the accumulation of non- biodegradable plastic litter are all contributing to the deterioration of the Bay.
    • Declining ecology: A dead-zone has formed, and the mangrove trees that protect the shore from the fury of nature are under more threat than ever.

    What could be the Solutions?

    For a better knowledge of challenges, and strategies to overcome them for the sustainable development of the region, more focused and inter-disciplinary study is required on these issues.

    • Centre for Bay of Bengal studies: By founding the CBS, Nalanda University has already started its journey and given the nation a unique interdisciplinary research centre devoted to Bay focused teaching, research, and capacity building. Additionally, scholars from many countries and academic streams are already participating in CBS’s first certificate programme on the Bay.
    • Inter-governmental cooperation: It is essential that nautical neighbours develop a partnership and cooperate because of the maritime domain’s interrelated and interdependent nature, transnational character, and cross-jurisdictional engagement of various governments and diverse organisations and enterprises.
    • Maritime connectivity: A few concerns that need immediate attention include expanding cooperation in maritime safety and security, enhancing cooperation on maritime connectivity and the ease of maritime transit, and boosting investment possibilities in the maritime connectivity sector.
    • Illegal activities: The latter subject involves addressing non-traditional threats and fostering group efforts to reduce illicit, unreported, and unregulated fishing.
    • Data sharing: Standardising and harmonising data reporting.
    • Balanced approach: Furthermore regional marine entities should strive to balance opportunities and goals on a national, regional, and international scale.
    • Investment in R&D: Littoral governments need to support and promote skill-building, research, and training.

    Conclusion

    • Countries in the Bay of Bengal need to mobilise investments, manage maritime affairs more effectively. Alternative lifestyle should be explored. The cooperation of all member states, for information gathering, sharing and result oriented actions is crucial in protecting the ecology of Bay of Bengal.

    Mains Question

    Q.Countries in the Indian subcontinent are developing rapidly, putting serious stress on the environment of the Bay of Bengal.Mention the challenges and suggest solutions.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Transboundary Flood Disasters

    Transboundary Flood Disasters

    Context

    • Pakistan experiencing devastation, with a spread of diseases and severe shortage of potable water after intense flooding. In June this year Assam experienced one of its worst floods in which it affected over 30 districts. Assam and Bihar frequently suffer from transboundary flood disasters.

    What is transboundary flood?

    • Floods that are originate in upper riparian state crosses the international boundary and also affects the lower riparian state. For example, river Brahmaputra causes flood both in China and India simultaneously.

    Transboundary Flood DisastersHow the transboundary floods are difficult to manage than normal floods?

    • Flooding is still considered to be a natural phenomenon that cannot be entirely prevented. But it is compounded by the lack of transparency in the sharing of hydrological information and also information relating to activities (such as by one riparian state) that are transboundary in their effect (affecting other riparian states), thus serving as an obstacle in understanding the magnitude of flooding.

    Transboundary Flood DisastersWhat is a riparian state?

    • A riparian state is state (or country) located alongside a river.

    What are the International laws governing transboundary waters?

    There are at two international treaties that governs the transboundary water

    • UNWC:
    • United Nations Convention on the Law of the Non-Navigational Use of International Watercourses (UNWC) 1997.UNWC contains a direct reference to floods, which covers harmful conditions and the emergency situations.
    • Article 27 of the Convention says, Watercourse States shall individually and, where appropriate, jointly, take all appropriate measures to prevent or mitigate conditions that may be harmful to other watercourse States, whether resulting from natural causes or human conduct or desertification.
    • Environmental Impact Assessment:
    • The International Court of Justice (ICJ), in the Pulp Mills on the River Uruguay (Argentina vs Uruguay) case of 2010, upheld that conducting a transboundary environmental impact assessment (TEIA) of a planned measure or projects on the shared water course is part of customary international law.
    • In fact, the ICJ noted that the acting state must notify the affected party of the results of TEIA for assessment of its own damages that are likely to occur.
    • UNECE: United Nations Economic Commission for Europe (UNECE) on the Protection and Use of Transboundary Watercourses and International Lakes 1992 (Water Convention).

    Transboundary Flood DisastersHow India manages transboundary flood?

    • Note:Neither India nor China are signatory to UNWC or UNCEC.
    • River Brahmaputra: India has signed the memorandum of understanding (MoU) with China in 2013 with a view to sharing hydrological information during the flood season (June to September). The MoU does not allow India access to urbanisation and deforestation activities on the Chinese side of the river basin.
    • Rivers Gandak and kosi: Floods are also a recurrent problem in the Kosi and Gandak river basins that are shared by India and Nepal.
    • The India-Nepal Kosi agreement 1954: Agreement aimed at reducing devastating flooding in the river basin. The treaty-based joint bodies have also tried to refine the early warning systems for flood forecasting.

    What are the suggestions?

    • Signing the treaty: Expert suggests, India by becoming a party to either the UNWC and the Water Convention could lay the groundwork for a bilateral treaty on the Brahmaputra but subject to the reservation that it should not insist on the insertion of a dispute settlement mechanism provision.
    • Information exchange: In contravention of procedural customary international law obligation, India considers data on transboundary rivers as classified information, which is one of the key challenges in developing cross-border flood warning systems. India needs to share the hydrological and river information for its own sake.

    Conclusion

    • Climate change has accelerated the frequency and intensity of floods across the world. with Changing climate India should also change its strategy to protect its people, to preserve the soil and to save its resources from the scourge of floods.

    Mains Questions

    Q.Climate change has created a more difficult challenge in flood management. In this context, what measures can be taken to deal with frequent transboundary floods in India. Discuss.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

More posts