[WpProQuiz 682]
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Section 27A of the NDPS Act
Last week, the Tripura High Court, in a significant verdict, discovered an oversight in drafting the 2014 amendments to the Narcotics Drugs and Psychotropic Substances Act, 1985.
What is Section 27A?
- The NDPS had unintentionally rendered a key provision of the Act, Section 27A which provides for punishment of those financing illicit trafficking, inoperable.
- This section has been consistently evoked since a year after the alleged suicide of a notable Bollywood actor after drugs intoxication.
What is the provision?
- The NDPS Act, 1985 is the principal legislation through which the state regulates the operations of narcotic drugs and psychotropic substances.
- It provides a stringent framework for punishing offenses related to illicit traffic in narcotic drugs and psychotropic substances through imprisonments and forfeiture of property.
- Section 27A of the NDPS Act, 1985, prescribes the punishment for financing illicit traffic and harboring offenders.
- The court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.â
So why is this provision inoperable?
- The text of the provision says that offences mentioned under Section 2(viiia) sub-clauses i-v are punishable through Section 27A.
- However, Section 2 (viiia) sub-clauses i-v, which is supposed to be the catalog of offences, does not exist after the 2014 amendment.
- So, if Section 27A penalises a blank list or a non-existent provision, it can be argued that it is virtually inoperable.
What was the 2014 amendment?
- In 2014, a key amendment was made to the NDPS Act to allow for better medical access to narcotic drugs.
- Since the regulation under NDPS was very stringent, despite being a leading manufacturer of morphine, an opioid analgesic used as a painkiller, it was difficult to access the drug even for hospitals.
Exceptions for essential drugs
- The 2014 amendment essentially removed state-barriers in transporting, licensing drugs classified as âessential narcotic drugsâ, and made it centralized.
- This was done by first introducing a provision in Section 2 that defines essential narcotic drugs, and subsequently in Section 9 allowing the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of essential narcotic drugs.
- The amendment to add the definition of essential narcotic drugs re-lettered the old Section 2(viii)a that was the catalog of offences as Section 2(viii)b, and under the Section 2(viii)a, defined essential narcotic drugs.
- However, the drafters missed amending the enabling provision in Section 27A to change Section 2(viii)a to Section 2(viii)b.
How was this error noticed?
- In 2016, an accused sought bail before a special judge in West Tripura in Agartala citing this omission in drafting.
- The accusedâs plea was that since Section 27A penalized a blank list, he could not be charged under the offence.
- The district judge then referred the case to the Tripura High Court.
What did the HC decide?
- The Law Ministry had argued that the court must overlook the omission and read the legislation as a whole. It also told the court that the provision would be amended to rectify the dissonance.
- The Tripura HC agreed with the governmentâs view, but said that it may not be the best solution.
- The amendment is yet to take place. However, criminal laws cannot be amended retrospectively.
- Article 20 of the Constitution guarantees protection against double jeopardy.
- So even if the amendment is brought in, the result of the drafting error could lead to more constitutional questions being raised.
Back2Basics: Article 20 of the Indian Constitution
The Article 20 is one of the pillars of fundamental rights guaranteed by the Constitution of India. It mainly deals with protection of certain rights in case of conviction for offences.
(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) No person accused of any offense shall be compelled to be a witness against himself.
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What is Summer Solstice?
The summer solstice will happen today around 9:02 am on Monday (Indian Standard Time).
What is Summer Solstice?
- Solstice means âsun stands stillâ in Latin.
- The longest day of 2021 for those living north of the Equator is June 21.
- This day is characterized by a greater amount of energy received from the sun.
- In technical terms, this day is referred to as the summer solstice, the longest day of the summer season. It occurs when the sun is directly over the Tropic of Cancer, or more specifically right over 23.5-degree north latitude.
The Southern Hemisphere receives most sunlight on December 21, 22 or 23 when the northern hemisphere has its longest nightsâ or the winter solstice.
Why do we have summer solstice?
- Since Earth rotates on its axis, the Northern Hemisphere gets more direct sunlight between March and September over the course of a day.
- This also means people living in the Northern Hemisphere experience summer during this time.
- The rest of the year, the Southern Hemisphere gets more sunlight.
- During the solstice, the Earthâs axis â around which the planet spins, completing one turn each day â is tilted in a way that the North Pole is tipped towards the sun and the South Pole is away from it.
Answer this PYQ in the comment box:
Q.On 21st June, the Sun (CSP 2019):
(a) Does not set below the horizon at the Arctic Circle
(b) Does not set below the horizon at Antarctic Circle
(c) Shines vertically overhead at noon on the Equator
(d) Shines vertically overhead at the Tropic of Capricorn
Some other facts
- Summer solstice does not mean the earliest sunrise or latest sunset.
- Although June 21 will be the longest day in 2021, it does not necessarily mean that it brings the earliest sunrise or latest sunset.
- It depends on the latitudinal location of the country.
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What is Gain-of-Function Research?
With the re-emergence of the Wuhan lab-leak origin theory, questions are also being raised on what gain-of-function research is, and whether the benefits of conducting such research outweigh the risks of pathogens escaping from labs.
What is gain-of-function research?
- In virology, gain-of-function research involves deliberately altering an organism in the lab, altering a gene, or introducing a mutation in a pathogen to study its transmissibility, virulence and immunogenicity.
- It is believed that this allows researchers to study potential therapies, vaccine possibilities and ways to control the disease better in future.
- Gain-of-function research involves manipulations that make certain pathogenic microbes more deadly or more transmissible.
- This is done by genetically engineering the virus and by allowing them to grow in different growth mediums, a technique called as serial passage.
Antithesis to this theory
- There is also âloss-of-functionâ research, which involves inactivating mutations, resulting in a significant loss of original function, or no function to the pathogen.
- When mutations occur, they alter the structure of the virus that is being studied, resulting in altered functions. Some of these significant mutations might weaken the virus or enhance its function.
Associated risks
- Some forms of gain-of-function research reportedly carry inherent biosafety and biosecurity risks and are thus referred to as âdual-use research of concernâ (DURC).
- This indicates that while the research may result in benefits for humanity, there is also the potential to cause harm â accidental or deliberate escape of these altered pathogens from labs may cause even pandemics.
Essential component of vaccine development
- The current medical countermeasures are often insufficient largely because of resistance mechanisms that lead to âescape mutantsâ, i.e., drug-resistant strains.
- There is, hence, a continual need to develop new antiviral drugs and additional options, such as immunotherapy, based on neutralizing monoclonal antibodies.
- Ultimately, gain-of-function studies, which enhance viral yield and immunogenicity, are required for vaccine development.
What is the situation in India?
- In India, all activities related to genetically engineered organisms or cells and hazardous microorganisms and products are regulated as per the âManufacture, Use, Import, Export and Storage of Hazardous Microorganisms/Genetically Engineered Organisms or Cells Rules, 1989â.
- Last year, the Department of Biotechnology issued guidelines for the establishment of containment facilities, called âBiosafety labsâ, at levels two and three.
- The notification provides operational guidance on the containment of biohazards and levels of biosafety that all institutions involved in research, development and handling of these microorganisms must comply with.
Should research continue?
- Scientists have differing opinions on the issue, particularly since the emergence of the COVID-19 pandemic.
- While those on the side of gain-of-function research say that it makes science and governments battle-ready for future pandemics, there have been a rising number of calls to suspend such research.
- Proponents of gain-of-function research believe that ânature is the ultimate bioterrorist and we need to do all we can to stay one step aheadâ.
- Some researchers thinks it is time to stop such research.
- Science policymakers âmust wrestle with defining the rare instances in which the benefits of experiments that enhance a virusâs capacity to survive and flourish in human hosts outweigh any risks.
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Species in news: Rare Black Softshell Turtle (Nilssonia nigricans)
A major temple in Assam has signed a MoU with NGOs, the Assam State Zoo-cum-Botanical Garden and the Kamrup district administration for the long-term conservation of the rare freshwater black softshell turtle or the Nilssonia nigricans.
Two years back, one species from our newscard: Species in news: Hump-backed Mahseer made it into the CSP 2019. The âPuntius Sanctusâ fish in the newscard creates such a vibe yet again.
A stand-alone species being mentioned in the news for the first time (and that too from Southern India) find their way into the prelims. Make special note here.
Q.Consider the following pairs
Wildlife Naturally found in 1. Blue-finned Mahseer Cauvery River 2. Irrawaddy Dolphin Chambal River 3. Rusty-spotted Cat Eastern Ghats Which of the pairs given correctly matched? (CSP 2019)
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Nilssonia nigricans
- Until sightings along the Brahmaputraâs drainage in Assam, the black softshell turtle was thought to be âextinct in the wildâ.
- It was confined only to ponds of temples in northeastern India and Bangladesh.
- The International Union for Conservation of Nature had in 2021 listed the turtle as âcritically endangeredâ.
- But it does not enjoy legal protection under the Indian Wildlife (Protection) Act of 1972, although it has traditionally been hunted for its meat and cartilage, traded in regional and international markets.
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[pib] Flag Satyagraha
The Minister of State (IC) for Culture and Tourism has organized to observe the Flag Satyagraha in Jabalpur to commemorate the Jhanda Satyagraha of the year 1923.
Flag Satyagraha
- Flag satyagrahas were one of the most common acts of defiance during the nationalist rebellions led by Gandhi and the Indian National Congress throughout the struggle.
- It is a campaign of peaceful civil disobedience during the Indian independence movement.
- It was against the defiance of laws prohibiting the hoisting of nationalist flags and restricting civil freedoms.
- Flag Satyagrahas were conducted most notably in the city of Jabalpur and Nagpur in 1923 but also in many other parts of India.
Answer this PYQ in the comment box:
Q.The âSwadeshiâ and âBoycottâ adopted as methods of struggle for the first time during the:
(a) Agitation against the Partition of Bengal
(b) Home Rule Movement
(c) Non-Cooperation Movement
(d) Visit of the Simon Commission to India
Course of the movement
- The arrest of nationalist protestors demanding the right to hoist the flag caused an outcry across India especially as Gandhi had recently been arrested.
- Nationalist leaders such as Sardar Vallabhbhai Patel, Jamnalal Bajaj, Chakravarthi Rajagopalachari, Dr. Rajendra Prasad, and Vinoba Bhave organized the revolt.
- Thousands of people from different regions including as far south as the Princely state of Travancore traveled to Nagpur and other parts of the Central Provinces to participate in civil disobedience.
- In the end, the British negotiated an agreement with Patel and other Congress leaders permitting the protestors to conduct their march unhindered and obtaining the release of all those arrested.
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Green Hydrogen
India is all set to host a two-day summit on Green Hydrogen initiatives involving the BRICS nations.
What is Green Hydrogen?
- Hydrogen, when produced by electrolysis using renewable energy is known as Green Hydrogen which has no carbon footprint.
- This gives hydrogen the edge over other fuels to unlock various avenues of green usage.
- However, challenges lie in terms of technology, efficiency, financial viability, and scaling up which the summit will aim to address.
Answer this PYQ in the comment box:
Q.With reference to âfuel cellsâ in which hydrogen-rich fuel and oxygen are used to generate electricity, consider the following statements:
- If pure hydrogen is used as a fuel, the fuel cell emits heat and water as by products.
- Fuel cells can be used for powering buildings and not for small devices like laptop computers.
- Fuel cells produce electricity in the form of Alternating Current (AC).
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Applications of green hydrogen
- Green hydrogen has innumerable applications.
- Green Chemicals like ammonia and methanol can directly be utilized in existing applications like fertilizers, mobility, power, chemicals, shipping among others.
- Green Hydrogen blending up to 10 percent may be adopted in CGD networks to gain widespread acceptance.
- Further scaling up with greening of hard to abate sectors like steel and cement through hydrogen is to be explored.
- Many countries have brought out their strategies and defined targets and roadmaps based on their resources and strengths.
Back2Basics: BRICS Countries
- BRICS is an acronym for the grouping of the worldâs leading emerging economies, namely Brazil, Russia, India, China and South Africa.
- To be clear, BRICS was not invented by any of its members.
- In 2001, Goldman Sachsâ Jim OâNeill authored a paper called âBuilding Better Global Economic BRICsâ, pointing out that future GDP growth in the world would come from China, India, Russia and Brazil.
- Significantly, the paper didnât recommend a separate grouping for them, but made the case that the G-7 grouping, made up of the worldâs most industrialized, and essentially Western countries, should include them.
- OâNeill also suggested that the G-7 group needed revamping after the introduction of a common currency for Europe, the euro, in 1999.
- In 2003, Goldman Sachs wrote another paper, âDreaming with BRICs: Path to 2050â, predicting that the global map would significantly change due to these four emerging economies.
- In 2006, leaders of the BRIC countries met on the margins of a G-8 (now called G-7) summit in St. Petersburg, Russia, and BRIC was formalized that year.
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Do Not FEAR Inconsistency, FIGHT It!
Read on if you often find yourself trapped in inconsistency. We have got a proven formula to get you out of it.
âIf a child doesnât fall, would it ever learn to walk?
Does the child fear falling? No.
Does the child give up? No.
Does the child get back up and try again? Yes. Does the child succeed? Yes.
So can you!â
The concept of getting back up and trying again is inherent in everyone. None of us are machines that can all the time. As humans, inconsistency is part of our nature. But the difference between people who succeed and those who donât is that successful people do not fear inconsistency. They know it, understand it, get back up, and fight it.
Hereâs the thing: You are not alone! Every aspirant feels the fear of inconsistency. But thereâs a simple way to beat it.
After speaking with 10000+ aspirants we realised that there are 3 basic reasons for inconsistency among the aspirants. We were able to understand these reasons. Find practical solutions that help students become calmer, consistent, and turn their fear into focus.
A) Overwhelmed by the syllabus – Most of the students start studying with full force. But as they get deeper into the course material, they start feeling overwhelmed by the sheer volume of the syllabus. Itâs exactly like diving into an open ocean without a life jacket for support. What should I study? Which books should I complete? Where do I find relevant course material? Did I miss something? What if I am reading the wrong things? Oh, my god! What should I do?
This feeling can create panic and make you lose focus. This makes you inconsistent in your approach. But what if you had a guide who spoke to you and helped you define the course structure? What if you had a mentor who guided you and told you whatâs important and whatâs not? What if there was a person who understood your fear and created a personal schedule for you to get back on track? Believe it or not, having such a person for support makes all the difference in the world.
And this is what our mentors do, help you swim when you feel like you are drowning.
B) Fatigue – You have been studying long and hard. You have written essays, answers, and practiced MCQs. You are reading many newspapers and about a thousand different topics in a day. The entire cycle continues for 365 long days. It is natural to feel fatigued. It is human to feel tired. It is necessary to take a break. BUT it is a ‘must’ to get back again.
This is where your mentor comes to your rescue. Your mentor helps you cope with the syllabus. They tell you how much effort you should spend on which topics. They help create a study pattern around your strengths so that your efforts are not wasted. So, you do not feel tired. You get proven practical tips to crack the exam without burdening you with irrelevant information. They help you create a smart balance that ensures you keep going strong for as long as it takes!
The mentors wonât make you super-human, they make you smarter-human!
C) No support structure – Ask any person who has succeeded in this exam and theyâll tell you that a support structure is the most important thing in cracking this exam. Having someone you can speak to openly can make a world of difference. Imagine having someone you speak to about the things that scare you. The things that make you inconsistent. The things that are holding you back. Imagine having someone who does not see you as a machine but as a human and helps support you when you are down. Imagine having someone who has your back, no matter what!
Yes, a mentor is that friend and guide who knows what you are going through and also how to help you. A mentor helps identify the cause of your inconsistency and solves it for you so that you can focus on your study. Finally, a mentor is someone who guides you both emotionally and intellectually to remove your fear and replace it with the will to fight!
This is why our mentorship program produces results day-in and day-out. For our mentors, you are not machines. You are students who will have periods of inconsistency but our mentors will not let that kill your dreams. They will lift you up in your worst times and they will guide you well in your best times.
So, come, speak to us. Join and experience our one on one mentorship program. Tell us what makes you inconsistent, and our mentors will find a way to beat it. Replace fear with a will to fight. You work on your studies, leave the rest to us. Connect with us, thereâs no harm in giving it a shot!
-
Do Not FEAR Inconsistency, FIGHT It!
Read on if you often find yourself trapped in inconsistency. We have got a proven formula to get you out of it.
âIf a child doesnât fall, would it ever learn to walk?
Does the child fear falling? No.
Does the child give up? No.
Does the child get back up and try again? Yes. Does the child succeed? Yes.
So can you!â
The concept of getting back up and trying again is inherent in everyone. None of us are machines that can all the time. As humans, inconsistency is part of our nature. But the difference between people who succeed and those who donât is that successful people do not fear inconsistency. They know it, understand it, get back up, and fight it.
Hereâs the thing: You are not alone! Every aspirant feels the fear of inconsistency. But thereâs a simple way to beat it.
After speaking with 10000+ aspirants we realised that there are 3 basic reasons for inconsistency among the aspirants. We were able to understand these reasons. Find practical solutions that help students become calmer, consistent, and turn their fear into focus.
A) Overwhelmed by the syllabus – Most of the students start studying with full force. But as they get deeper into the course material, they start feeling overwhelmed by the sheer volume of the syllabus. Itâs exactly like diving into an open ocean without a life jacket for support. What should I study? Which books should I complete? Where do I find relevant course material? Did I miss something? What if I am reading the wrong things? Oh, my god! What should I do?
This feeling can create panic and make you lose focus. This makes you inconsistent in your approach. But what if you had a guide who spoke to you and helped you define the course structure? What if you had a mentor who guided you and told you whatâs important and whatâs not? What if there was a person who understood your fear and created a personal schedule for you to get back on track? Believe it or not, having such a person for support makes all the difference in the world.
And this is what our mentors do, help you swim when you feel like you are drowning.
B) Fatigue – You have been studying long and hard. You have written essays, answers, and practiced MCQs. You are reading many newspapers and about a thousand different topics in a day. The entire cycle continues for 365 long days. It is natural to feel fatigued. It is human to feel tired. It is necessary to take a break. BUT it is a ‘must’ to get back again.
This is where your mentor comes to your rescue. Your mentor helps you cope with the syllabus. They tell you how much effort you should spend on which topics. They help create a study pattern around your strengths so that your efforts are not wasted. So, you do not feel tired. You get proven practical tips to crack the exam without burdening you with irrelevant information. They help you create a smart balance that ensures you keep going strong for as long as it takes!
The mentors wonât make you super-human, they make you smarter-human!
C) No support structure – Ask any person who has succeeded in this exam and theyâll tell you that a support structure is the most important thing in cracking this exam. Having someone you can speak to openly can make a world of difference. Imagine having someone you speak to about the things that scare you. The things that make you inconsistent. The things that are holding you back. Imagine having someone who does not see you as a machine but as a human and helps support you when you are down. Imagine having someone who has your back, no matter what!
Yes, a mentor is that friend and guide who knows what you are going through and also how to help you. A mentor helps identify the cause of your inconsistency and solves it for you so that you can focus on your study. Finally, a mentor is someone who guides you both emotionally and intellectually to remove your fear and replace it with the will to fight!
This is why our mentorship program produces results day-in and day-out. For our mentors, you are not machines. You are students who will have periods of inconsistency but our mentors will not let that kill your dreams. They will lift you up in your worst times and they will guide you well in your best times.
So, come, speak to us. Join and experience our one on one mentorship program. Tell us what makes you inconsistent, and our mentors will find a way to beat it. Replace fear with a will to fight. You work on your studies, leave the rest to us. Connect with us, thereâs no harm in giving it a shot!