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  • Governments ignoring court orders: CJI

    The CJI pointed to how courts had to deal with the new problem of ā€œcontempt petitionsā€ triggered by the ā€œdeliberate inactionā€ of governments that chose to ignore judgments and orders.

    What did the CJI say?

    • The contempt petitions are a new category of burden on the courts, which is a direct result of the defiance by the governments.
    • Such actions show sheer defiance of governments towards judicial pronouncements.
    • There is visible inclination to pass off the responsibility of decision-making to courts.
    • The legislature’s work show ambiguity, lack of foresight and public consultation before making laws have led to docket explosion.

    What is Contempt of the Court?

    • Contempt of court is the offense of being disobedient to or disrespectful toward a court of law and its officers in the form of behaviour that opposes or defies the authority, justice, and dignity of the court.
    • There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or wilfully failing to obey a court order.

    How did the concept came into being?

    • The concept of contempt of court is several centuries old.
    • In England, it is a common law principle that seeks to protect the judicial power of the king, initially exercised by him, and later by a panel of judges who acted in his name.
    • Violation of the judges’ orders was considered an affront to the king himself.
    • Over time, any kind of disobedience to judges, or obstruction of the implementation of their directives, or comments and actions that showed disrespect towards them came to be punishable.

    What is the statutory basis for contempt of court?

    • There were pre-Independence laws of contempt in India. Besides the early High Courts, the courts of some princely states also had such laws.
    • When the Constitution was adopted, contempt of court was made one of the restrictions on freedom of speech and expression.
    • Separately, Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of itself.
    • Article 215 conferred a corresponding power on the High Courts.
    • The Contempt of Courts Act, 1971, gives statutory backing to the idea.

    What are the kinds of contempt of court?

    The law codifying contempt classifies it as civil and criminal.

    • Civil contempt is fairly simple. It is committed when someone wilfully disobeys a court order or wilfully breaches an undertaking given to the court.
    • However, Criminal contempt is more complex.
    • It consists of three forms: (a) words, written or spoken, signs and actions that ā€œscandaliseā€ or ā€œtend to scandaliseā€ or ā€œlowerā€ or ā€œtends to lowerā€ the authority of any court (b) prejudices or interferes with any judicial proceeding and (c) interferes with or obstructs the administration of justice.
    • The rationale for this provision is that courts must be protected from tendentious attacks that lower its authority, defame its public image and make the public lose faith in its impartiality.
    • The punishment for contempt of court is simple imprisonment for a term up to six months and/or a fine of up to ₹. 2,000.

    What does not account to contempt?

    • Fair and accurate reporting of judicial proceedings will not amount to contempt of court.
    • Nor is any fair criticism on the merits of a judicial order after a case is heard and disposed of.

    Is truth a defence against a contempt charge?

    • For many years, the truth was seldom considered a defence against a charge of contempt.
    • There was an impression that the judiciary tended to hide any misconduct among its individual members in the name of protecting the image of the institution.
    • The Act was amended in 2006 to introduce truth as a valid defence if it was in the public interest and was invoked in a bonafide.

     

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  • Why are Electric Vehicles Catching Fire?

    The Union government has constituted an expert panel to probe the recent series of battery explosions in electric vehicles (EVs).

    Why is the world poised to transition to electric vehicles?

    • The growing concern over climate change has led to global efforts to electrify the transportation sector.
    • In parallel, cost of Li-ion (Lithium-ion) battery technology has decreased by a staggering order of magnitude in the past decade.
    • The convergence of these two factors has resulted in a unique time in our history where we are at the cusp of a dramatic transition in the transportation sector.
    • There are multiple trade-offs in this complex ecosystem: engineering higher safety often results in higher costs and lower driving range.
    • In this competitive landscape where companies are vying for market share, a race to the bottom can compromise safety.

    A race to nowhere

    • The world has taken note of this moment with governments providing incentives to usher in the transition and private industry ramping up plans for capturing the market.
    • There is a worldwide race emerging, with vehicle companies, battery manufacturers, and material suppliers vying with each other for market share.
    • However, Li-ion batteries are complex devices requiring a level of sophistication that can takes years to perfect.
    • Hurrying the development of this complex technology without careful safeguards are leading to increasing safety incidents, as evidenced recently on Indian roads.

    What goes into a Li-ion battery?

    • Every Li-ion battery consists of three active components:
    1. Anode: typically graphite
    2. Cathode: based on a nickel, cobalt, and manganese-based oxide; and
    3. Electrolyte: A salt of lithium in an inorganic solvent
    • Battery cells are assembled into modules and then further assembled into packs.
    • Li-ion batteries require tight control on the state of charge and the temperature of operation to enhance safety and increase usable life, achieved by adding multiple sensors.
    • Packs are designed to ensure uniform temperature profile with minimal thermal variation during operation.

    What is the level of precision involved?

    • Battery manufacturing is a complex operation involving forming sheets of the anode and cathode and assembling them into a sandwich structure held apart by a thin separator.
    • Separators, about 15 microns in thickness — about a fifth of the thickness of the human hair — perform the critical function of preventing the anode and cathode from shorting.
    • Accidental shorting of the electrodes is a known cause of fires in Li-ion cells.
    • It is important that the various layers are assembled with high precision with tight tolerances maintained throughout the manufacturing process.
    • Safety features, such as thermal switches that turn off if the battery overheats, are added as the sandwich is packaged into a battery cell.

    What causes battery fires?

    • Battery fires, like other fires, occur due to the convergence of three parts of the ā€œfire triangleā€: heat, oxygen, and fuel.
    • If an adverse event such as a short circuit occurs in the battery, the internal temperature can raise as the anode and cathode release their energy through the short.
    • This, in turn, can lead to a series of reactions from the battery materials, especially the cathode, that release heat in an uncontrolled manner, along with oxygen.
    • Such events also rupture the sealed battery further exposing the components to outside air and the second part of the fire triangle, namely, oxygen.
    • The final component of the triangle is the liquid electrolyte, which is highly flammable and serves as a fuel.
    • The combination leads to a catastrophic failure of the battery resulting in smoke, heat, and fire, released instantaneously and explosively.

    What triggers battery fire?

    • The trigger for such events can be a result of internal shorts (like a manufacturing defect that results in sharp objects penetrating the separator).
    • The external events may be accident leading to puncture of the cell and shorting of the electrodes, overcharging the battery.
    • Any of these triggers may cascade into a significant safety incident.

    Are battery fires inevitable?

    • Over the past three decades, Li-ion batteries have proved to be extremely safe, with the industry increasing controls as safety incidents have surfaced.
    • Safety is a must and is an important consideration that battery and vehicle manufacturers can design for at multiple levels from the choice of battery material to designs at the cell, pack, and vehicle level.
    • Protecting the cell with robust thermal management is critical, especially in India where ambient temperatures are high.
    • Finally, battery packs need to be protected from external penetration.
    • Any large-scale manufacturing process inevitably has a certain percentage of defects; therefore, such steps are needed to minimise the number of adverse events.

    Why battery safety matters?

    • Safety remains a concern for Li-ion manufacturers worldwide especially as cell sizes become larger for applications such as solar-connected storage.
    • There is a need to remove the threat of battery fires as the roll out of mass electrification takes place.

     

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  • Recent woes of the jute industry in West Bengal

    Member of Parliament (MP) from Barrackpore constituency in West Bengal met the Union Textile about issues concerning jute farmers, workers and the overall jute industry.

    What is the news?

    • The Barrackpore MP had earlier written to West Bengal CM, seeking her intervention into the ā€œarbitrary decisionā€ of capping the price for procuring raw jute from the mills.
    • He was referring to the Office of the Jute Commissioner (JCO)’s September 30 notification mandating that no entity would be allowed to purchase or sell raw jute at a price exceeding ₹6,500 per quintal.

    What is Jute?

    • Jute is the only crop where earnings begin to trickle in way before the final harvest.
    • The seeds are planted between April and May and harvested between July and August.
    • The leaves can be sold in vegetable markets for nearly two months of the four-month jute crop cycle.
    • The tall, hardy grass shoots up to 2.5 metres and each part of it has several uses.
    • The outer layer of the stem produces the fibre that goes into making jute products.
    • But the leaves can be cooked, the inner woody stems can be used to manufacture paper and the roots, which are left in the ground after harvest, improve the yield of subsequent crops.
    • A ā€˜Golden Fibre Revolution’ has long been called for by various committees, but the jute industry is in dire need of basic reforms.

    Jute production in India

    • India is the world’s biggest producer of jute , followed by Bangladesh.
    • Jute is primarily grown in West Bengal, Odisha, Assam, Meghalaya, Tripura and Andhra Pradesh.
    • The jute industry in India is 150 years old.
    • There are about 70 jute mills in the country, of which about 60 are in West Bengal along both the banks of river Hooghly.
    • Jute production is a labour-intensive industry. It employs about two lakh workers in the West Bengal alone and 4 lakh workers across the country.

    Significance of Jute

    • Compared to rice, jute requires very little water and fertiliser.
    • It is largely pest-resistant, and its rapid growth spurt ensures that weeds don’t stand a chance.
    • Jute is the second most abundant natural fibre in the world.
    • It has high tensile strength, acoustic and thermal insulation, breathability, low extensibility, ease of blending with both synthetic and natural fibres, and antistatic properties.
    • Jute can be used: for insulation (replacing glass wool), geotextiles, activated carbon powder, wall coverings, flooring, garments, rugs, ropes, gunny bags, handicrafts, curtains, carpet backings, paper, sandals, carry bags, and furniture.

    Why in news now?

    • Mills are now procuring raw jute at prices higher than what they are selling them at after processing.
    • The government has a fixed Minimum Support Price (MSP) for raw jute procurement from farmers, which is ₹4,750 per quintal for the 2022-23 season.
    • However, as the executive stated, this reached his mill at ₹7,200 per quintal, that is, ₹700 more than the ₹6,500 per quintal cap for the final product.
    • Though the Union government has come up with several schemes to prevent de-hoarding, the executive believes the mechanism requires a certain ā€œsystematic regulationā€.

    What happened to supply?

    • What made the situation particularly worrisome recently was the occurrence of Cyclone Amphan in May 2020 and the subsequent rains in major jute producing States.
    • These events led to lower acreage, which in turn led to lower production and yield compared to previous years.
    • Additionally, as the Commission for Agricultural Costs and Prices (CACP) stated in its report, this led to production of a lower quality of jute fibre in 2020-21 as water-logging in large fields resulted in farmers harvesting the crop prematurely.
    • Acreage issues were accompanied by hoarding at all levels – right from the farmers to the traders.

    Where does India stand in comparison to Bangladesh?

    • As per the Food and Agriculture Organisation (FAO), India is the largest producer of jute followed by Bangladesh and China.
    • However, in terms of acreage and trade, Bangladesh takes the lead accounting for three-fourth of the global jute exports in comparison to India’s 7%.
    • This can be attributed to the fact that India lags behind Bangladesh in producing superior quality jute fibre due to infrastructural constraints and varieties suitable for the country’s agro-climate.
    • Further, as the CACP report stated, Bangladesh provides cash subsidies for varied semi-finished and finished jute products.
    • Hence, the competitiveness emerges as a challenge for India to explore export options in order to compensate for the domestic scenario.

    What is at stake?

    • The jute sector provides direct employment to 3.70 lakh workers in the country.
    • It supports the livelihood of around 40 lakh farm families, closure of the mills is a direct blow to workers and indirectly, to the farmers whose production is used in the mills.
    • West Bengal, Bihar and Assam account for almost 99% of India’s total production.

     

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  • What is the Delhi Dual Governance Conundrum?

    New Delhi has been at the flashpoint of innumerable power struggles these days.

    Why in news?

    • In the absence of statehood for Delhi, there has been a prolonged confrontation on the relative powers of the territorial administration and the Union government.

    Dilemmas of Dual Governance

    • Article 239AA of the Constitution of India granted Special Status to Delhi among Union Territories (UTs) in the year 1991 through the 69th constitutional amendment.
    • It provided a Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers.
    • That’s when Delhi was named as the National Capital Region (NCT) of Delhi.
    • As per this article – Public Order, Police & Land in NCT of Delhi fall within the domain and control of Central Government which shall have the power to make laws on these matters.
    • For remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have the power to make laws for NCT of Delhi

    [a] Centre-State Dispute

    • Delhi was given a fully elected legislative assembly and a responsible government through an amendment in the constitution in 1991.
    • Since 1991, Delhi had been made a UT with an assembly with ā€œlimited legislative powersā€.
    • Cordial relations have prevailed between the Central and Delhi governments since 1996 and all differences have been resolved through discussions – with a few exceptions.

    [b] Lt. Governor vs the CM

    • The Article 239AA while conferring on the assembly the power to legislate on all matters in the state list as well as the concurrent list except land, police and public order – contained one sore point.
    • It said that in case of a difference between the L-G and the council of ministers, the matter shall be referred to the president by the LG for his decision and pending such decision the LG can take any action on the matter as he thinks fit.
    • It is this issue that the constitution bench of the Supreme Court resolved in 2018, when it saidĀ that the government does not have to seek the concurrence of the L-G on its decisions.
    • Any differences between them should be resolved to keep in view the constitutional primacy of representative government and co-operative federalism.

    It is after this judgement, the Centre brought up this Bill.

    [c] NCT of Delhi (Amendment) Bill, 2021

    • Among the major proposed amendments, one makes it explicitly clear that the term ā€œgovernmentā€ in any law made by the Legislative Assembly shall mean the L-G.
    • This, essentially, gives effect to the former L-G 2015 assertion that ā€œGovernment means the Lieutenant Governor of the NCT of Delhi appointed by the President under Article 239 and designated as such under Article 239 AA of the Constitutionā€.
    • The Bill adds that the L-G’s opinion shall be obtained before the government takes any executive action based on decisions taken by the Cabinet or any individual minister.

     

    [d]Ā 

    Delhi Municipal Corporation (Amendment) Bill, 2022

     

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  • Making the most of the diplomatic attention

    Context

    India has witnessed a flurry of diplomatic activity during the past week with a long line of ministers, senior military officers and diplomats from a number of countries visiting Delhi and engaging with their Indian counterparts.

    Highlights of this year’s Raisina Dialogue

    • The senior-most official and inaugural speaker was Ursula von der Leyen, President of the European Commission.
    • The European presence was prominent.
    • China and Russia were absent from among official delegates, which is a pity.
    • The European presence was prominent. China and Russia were absent from among official delegates.
    • The focus narrowed down to the Ukraine war and, more specifically, India’s posture on Russia’s increasingly brutal assault on the hapless people of Ukraine.
    • It fell to the external affairs minister to deflect the expectations of India on this score.

    What should be India’s approach toward West?

    • India will need the West more than it has in the recent past, whether in building up its deterrent capabilities or accelerating its own economic and technological transformation.
    • India’s Quad partners the US, Japan, Australia, its partners in Europe and severalĀ ASEANĀ countries, see India as an anchor that could help stabilise the international situation.
    • They have a stake in India emerging as an influential power and are willing to contribute to that end.
    • The temptation to indulge in criticising each other should be avoided.

    Why India should recalibrate its ties with Russia?

    • Assumptions about Russia-China ties: A key assumption in India’s Russia policy has been that as a great power, Moscow would be unlikely to accept a junior partnership with China.
    • It was also assumed that in the long run, Russian and Chinese interests would not be aligned and, therefore, India should maintain a close relationship with Moscow.
    • Even if the Ukraine war had not erupted, the February 4 Sino-Russian Joint Declaration should have led India to question the continuing validity of these assumptions.
    • There are valid legacy reasons for maintaining positive ties with Russia just as some European countries have had to do.
    • The reality is that India-Russia relations are not a continuation of the old Indo-Soviet ties.
    • That strategic partnership that helped India cope with the Cold War and the Chinese and Pakistani threats evaporated with the end of that war and the collapse of the Soviet Union.
    • Moscow no longer saw Beijing as its main security challenge but for India, China became a bigger challenge.
    • Marginal economic and trade relations: India’s economic and trade relationship with Russia has become increasingly marginal.
    • Defence relationship diminishing progressively: Even the defence hardware relationship has diminished progressively as India has rightly tried to diversify its sources of supply.
    • The legacy in this respect, too, is of diminishing relevance.
    • Ā India may have its issues with the existing order but what is envisaged in the Joint Declaration is not the alternative which would enhance India’s interests.

    Way forward for India

    • Remain engaged with Russia and China: In a shifting geopolitical landscape, it is in India’s interest to remain engaged with Russia and China as two leading powers in the world.
    • Such engagement is important to gauge how these powers are themselves adjusting to the changing geopolitical equations across the world.
    • The US has shaken off the taint of its chaotic withdrawal from Afghanistan but its domestic politics is unpredictable and this calls for caution.
    • Europe will likely emerge as a more coherent and cohesive entity, anchored in German power, and playing a role more independent of the US than hitherto.
    • Deepen partnership with Europe: All the more reason why India must deepen its all-round partnership with Europe, build a shared vision of an altered geopolitical landscape and encourage Europe to play a greater role in the Indo-Pacific.

    Conclusion

    The attention being paid to India is substantive.Ā A rare but perishable opportunity has presented itself to significantly advance India’s long-term prospects. It must be grasped with single-minded tenacity.

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  • Loudspeaker Crackdown: Court orders and Govt directives

    Illegal and unauthorized loudspeakers had been taken down across the Uttar Pradesh and their loudness had been capped, under ā€œan existing government order of 2018, and set rules for sound decibel limits and court directionsā€.

    What is the news?

    • The UP state authorities have taken action since the loudspeaker crackdown began in our country.
    • Notices were served to alleged violators by local police stations citing the order of Allahabad High Court of 2017, and centre’s the Noise Pollution Rules, 2000.
    • The recent UP order asked officials to remove illegal loudspeakers after dialogue and coordination with religious leaders, and to ensure that decibel levels are kept within laid down limits.

    Legal basis of loudspeaker crackdowns

    (a) Orders of 2022, 2018

    • The April 23 order said that two earlier orders passed by the government in 2018 were not being followed, and the situation needed to be rectified.
    • Those earlier orders had been passed to ensure implementation of The Noise Pollution (Regulation and Control) Rules, 2000.
    • However, it had come to knowledge that many religious institutions are violating the standard decibel norms and are using loudspeakers in large numbers.

    (b) The Noise Pollution Rules, 2000

    • The 2000 Rules define ā€œAmbient Air Quality Standards in Respect of Noiseā€, i.e., Industrial, Commercial, Residential, and Silence Zones.
    • It asked officials to demarcate these areas and to ensure that the correct norms were followed.
    • Each police station has been asked to prepare a list of religious institutions using loudspeakers under their jurisdiction.

    What is noise pollution?

    • Noise is defined as unwanted sound. A sound might be unwanted because it is loud, distracting, or annoying.
    • Noise pollution is manmade sound in the environment that may be harmful to humans or animals.

    Objective of theĀ NPR, 2000: To regulate and control noise producing and generating sources with the objective of maintaining the ambient air quality standards in respect of noise

    Important compliance’s under NPR, 2000

    • What are the restrictions on using loud speaker or musical system at night?
      : A person cannot play a loud speaker, public address system, sound producing instrument, musical instrument or a sound amplifier at night time except in closed premises like auditorium, conference rooms, community halls or banquet halls.
    • What is the noise level for using loudspeakers or the public address?
      : The persons using loudspeakers or public address shall maintain the noise level and restrain it from exceeding 10 dB (A) above the ambient noise standards for the area specified orĀ 75 dB (A) whichever is lower.
    • What is the Noise level for a private sound system?
      : The persons owning a private sound system or a sound producing instrument shall not, exceed the noise above 5 dB (A) the noise standards specified for the area in which it is used.
    • What are the prohibitions on violating the silence zone areas?
      A person shall not do the following acts in silence zone

      1. Playing any music or uses any sound amplifiers,
      2. A drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or soundsĀ  any instrument, or
      3. Playing any musical or other performance of a to attract crowd
      4. Bursting sound-emitting firecrackers
      5. Using a loudspeaker or a public address system.

     

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  • Autism Support Network to give Specialised Care in Rural India

    The Centre for Autism and Other Disabilities Rehabilitation Research and Education (CADRRE), a not-for-profit organization will launch ā€œPay Autention — a different mind is a gifted mindā€, India’s first bridgital autism support network.

    Pay ā€˜Autention’

    • The initiative shall pave the way for small towns and rural India to access specialised care and support and help create an auxiliary network of champions for the differently-abled.
    • This platform shall also enable mentoring, skilling and meaningful livelihoods for people with autism.
    • In the first phase, the initiative will primarily focus on supporting children with autism, and subsequently, in the second stage, it will focus on young adults, empowering them with life skills and career readiness.
    • The content is designed and delivered in collaboration with specialists from CADRRE who have expertise in training children with autism.
    • The project aims to create a network of grassroots champions, enable early identification, first-level care, teach social skills, ways to ease activities of daily living, hold workshops for sensory and motor development.
    • It also focuses on art and craft, dance, music therapy, physical and mental fitness, communication skills and enable support for academics.

    What is Autism?

    • Autism, also called autism spectrum disorder (ASD), is a complicated condition that includes problems with communication and behaviour.
    • It can involve a wide range of symptoms and skills.
    • ASD can be a minor problem or a disability that needs full-time care in a special facility.
    • People with autism have trouble with communication. They have trouble understanding what other people think and feel.
    • This makes it hard for them to express themselves, either with words or through gestures, facial expressions, and touch.
    • People with autism might have problems with learning. Their skills might develop unevenly.
    • For example, they could have trouble communicating but be unusually good at art, music, math, or memory.

    What are the signs of Autism?

    Symptoms of autism usually appear before a child turns 3. Some people show signs from birth. Common symptoms of autism include:

    • A lack of eye contact
    • A narrow range of interests or intense interest in certain topics
    • Doing something over and over, like repeating words or phrases, rocking back and forth, or flipping a lever
    • High sensitivity to sounds, touches, smells, or sights that seem ordinary to other people
    • Not looking at or listening to other people
    • Not looking at things when another person points at them
    • Not wanting to be held or cuddled
    • Problems understanding or using speech, gestures, facial expressions, or tone of voice
    • Talking in a sing-song, flat, or robotic voice
    • Trouble adapting to changes in routine

    What causes Autism?

    • Exactly why autism happens isn’t clear. It could stem from problems in parts of your brain that interpret sensory input and process language.
    • Autism is four times more common in boys than in girls. It can happen in people of any race, ethnicity, or social background.
    • Family income, lifestyle, or educational level doesn’t affect a child’s risk of autism. But there are some risk factors:
    1. Autism runs in families, so certain combinations of genes may increase a child’s risk.
    2. A child with an older parent has a higher risk of autism.
    3. Pregnant women who are exposed to certain drugs or chemicals, like alcohol or anti-seizure medications, are more likely to have autistic children
    4. Other risk factors include maternal metabolic conditions such as diabetes and obesity.

    Prevalence of Autism in India

    • Prevalence and incidence statistics about autism in India is 1 in 500 or 0.20% or more than 2,160,000 people.
    • According to a study, an estimated three million people live with autistic spectrum disorder (ASD) on the Indian subcontinent.

     

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