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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.

     

    Post your answers here.


     

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  • HDI: Addressing India’s Subnational Human Development

    Central Idea

    • India is now one of the fastest-growing economies globally. However, this growth has not resulted in a corresponding increase in its Human Development Index (HDI). According to the Human Development Report of 2021-22, India ranks 132 out of 191 countries, behind Bangladesh (129) and Sri Lanka (73).

    Facts for Prelims: Human Development Index (HDI)

    • Composite statistical measure by UNDP: The HDI is a composite statistical measure created by the United Nations Development Programme to evaluate and compare the level of human development in different regions around the world.
    • As an alternative with broader aspects: It was introduced in 1990 as an alternative to conventional economic measures such as Gross Domestic Product (GDP), which do not consider the broader aspects of human development.
    • Aspects: The HDI assesses a country’s average accomplishment in three aspects 1. A long and healthy life, 2, knowledge, and 3. A decent standard of living.
    • India ranks 132 out of 191 countries in the HDI 2021.

    The subnational HDI: A new index

    • Given India’s large size and population, it’s critical to address subnational or state-wise disparities in human development.
    • A new index has developed by using the methodology suggested by the UNDP and the National Statistical Office (NSO), which measures human development on a subnational level for 2019-20.

    HDI Calculation

    • The HDI is calculated using four indicators: life expectancy at birth, mean years of schooling, expected years of schooling, and Gross National Income (GNI) per capita.
    • The subnational HDI uses GSDP per capita as a proxy indicator for GNI since GNI per capita estimates are unavailable at the subnational level.
    • The methodology involves calculating the geometric mean of the normalised indices for the three dimensions of human development while applying the maximum and minimum values recommended by the UNDP and NSO.

    Subnational HDI Findings

    • The subnational HDI shows that while some states have made considerable progress, others continue to struggle. Delhi occupies the top spot and Bihar occupies the bottom spot.
    • The five states with the highest HDI scores are Delhi, Goa, Kerala, Sikkim, and Chandigarh. Nineteen states, including Kerala, Maharashtra, Tamil Nadu, Haryana, Punjab, Telangana, Gujarat, and Andhra Pradesh, have scores ranging between 0.7 and 0.799 and are classified as high human development states.
    • The bottom five states are Bihar, Uttar Pradesh, Madhya Pradesh, Jharkhand, and Assam, with medium levels of human development.

    Reasons for Discrepancies

    1. The economic growth has been unevenly distributed, with the top 10% of the Indian population holding over 77% of the wealth. This has resulted in significant disparities in access to basic amenities, healthcare, and education.
    2. While India has made significant progress in reducing poverty and increasing access to healthcare and education, the quality of such services remains a concern.

    Conclusion

    • The government needs to prioritize human development alongside economic growth to ensure that the benefits of growth are more evenly distributed, and it requires a multi-faceted approach to address various issues such as income inequality, gender inequality, access to quality social services, environmental challenges, and social infrastructure investment. India must prioritize investments in human development and job creation, particularly for its youth, to realize its demographic dividend.

    Mains Question

    Q. Analyze the performance of different states in terms of their Human Development Index (HDI) and suggest measures that could be taken to address the disparities in human development in the country


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  • Nikaalo Prelims Spotlight || National Parks, Biosphere Reserves, Wildlife Sanctuaries in India

    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


    21st Mar 2023

    National Parks, Biosphere Reserves, Wildlife Sanctuaries in India

    National Parks, Biosphere Reserves, Wildlife Sanctuaries in India

    NATIONAL PARKS STATES
    Papikonda National Park Andhra Pradesh
    Rajiv Gandhi National Park Andhra Pradesh
    Lanjamadugu Wildlife Sanctuary Andhra Pradesh
    Namdapha National Park Arunachal Pradesh
    Dibang Wildlife Sanctuary Arunachal Pradesh
    Manas National Park (UNESCO) Assam
    Nameri National Park Assam
    Rajiv Gandhi Orang National Park Assam
    Kaziranga National Park (UNESCO) Assam
    Dibru Sai Khowa National Park Assam
    Gautam Budha Wildlife Sanctuary Bihar
    Valmild National Park Bihar
    Rajgir Wildlife Sanctuary Bihar
    Indravati National Park Chhattisgarh
    Achanakmar Wildlife Sanctuary Chhattisgarh
    Kanger Valley National Park Chhattisgarh
    Tamor Pingla Wildlife Sanctuary Chhattisgarh
    Guru Ghasi Das (Sanjay) National Park Chhattisgarh
    Gomarda Wildlife Sanctuary Chhattisgarh
    Bhagwan Mahavir National Park Goa
    Vansda National Park Gujarat
    Kutch Desert Wildlife Sanctuary Gujarat
    Indian Wild Ass Sanctuary Gujarat
    Marine National Park (First Marine National Park) Gujarat
    Black Buck National Park Gujarat
    Gir Forest National Park Gujarat
    Kalesar National Park Haryana
    Sultanpur National Park Haryana
    Lippa Asrang Wildlife Sanctuary Himachal Pradesh
    Tundah Wildlife Sanctuary Himachal Pradesh
    Inderkilla National Park Himachal Pradesh
    Great Himalayan National Park Himachal Pradesh
    Pin Valley National Park Himachal Pradesh
    Khirganga National Park Himachal Pradesh
    Simbalbara National Park Himachal Pradesh
    Sechu Tuan Nala Wildlife Sanctuary Himachal Pradesh
    Salim All National Park Jammu & Kashmir
    Kishtwar National Park Jammu & Kashmir
    Hemis National Park (Largest in Area) Jammu & Kashmir
    Changtang Wildlife Sanctuary Jammu & Kashmir
    Dachigam National Park Jammu & Kashmir
    Kara Koram Wildlife Sanctuary Jammu & Kashmir
    Hirpora Wildlife Sanctuary Jammu & Kashmir
    Lachipora Wildlife Sanctuary Jammu & Kashmir
    Betla National Park Jharkhand
    Hazaribagh National Park Jharkhand
    Lawalong Wildlife Sanctuary Jharkhand
    Nagarhole National Park Karnataka
    Cauvery Wildlife Sanctuary Karnataka
    Kudremukh National Park Karnataka
    Bannerghatta National Park Karnataka
    Bandipur National Park Karnataka
    Arabithittu Wildlife Sanctuary Karnataka
    Nugu Wildlife Sanctuary Karnataka
    Pushpagiri Wildlife Sanctuary Karnataka
    Chinnar Wild Life Sanctuary Kerala
    Idukki Wildlife Sanctuary Kerala
    Periyar National Park Kerala
    Silent Valley National Park Kerala
    Eravikulam National Park Kerala
    Parambikulam Wildlife Sanctuary Kerala
    Malabar Wildlife Sanctuary Kerala
    Anamudi Shola National Park Kerala
    Pampadum Shola National Park Kerala
    Pench National Park Madhya Pradesh
    Bandhavgarh National Park (Highest Numbers of Tigers) Madhya Pradesh
    Kanha National Park Madhya Pradesh
    Madhav National Park Madhya Pradesh
    Panna National Park Madhya Pradesh
    Satpura National Park Madhya Pradesh
    Van Vihar National Park Madhya Pradesh
    Gandhi Sagar Sanctuary Madhya Pradesh
    National Chambal Sanctuary Madhya Pradesh
    Mandla Plant Fossils National Park Madhya Pradesh
    Pachmari Wildlife Sanctuary Madhya Pradesh
    Phen Wildlife Sanctuary Madhya Pradesh
    Ratapani Tiger Reserve Madhya Pradesh
    Sanjay National Park Madhya Pradesh
    Chandoli National Park Maharashtra
    Gugamal National Park Maharashtra
    Sanjay Gandhi (Borivilli) National Park Maharashtra
    Koyna Wildlife Sanctuary Maharashtra
    Navegaon National Park Maharashtra
    Tadoba National Park Maharashtra
    Dhakna Kolkaz Wildlife Sanctuary Maharashtra
    Phansad Wildlife Sanctuary Maharashtra
    Wain Ganga Wildlife Sanctuary Maharashtra
    Keibul Lamjao National Park Manipur
    Yagoupokpi Lokchao Wildlife Sanctuary Manipur
    Nokrek National Park Meghalaya
    Nongkhyllem Wildlife Sanctuary Meghalaya
    Balphakram National Park Meghalaya
    Khawnglung Wildlife Sanctuary Mizoram
    Murlen National Park Mizoram
    Ngengpui Wildlife Sanctuary Mizoram
    Phawngpui Blue Mountain National Park Mizoram
    Pulebarze Wildlife Sanctuary Nagaland
    Intanki National Park Nagaland
    Simplipal National Park Orissa
    Chilka Wild Life Sanctuary Orissa
    Baisipalli Wildlife Sanctuary Orissa
    Bhitarkanika National Park Orissa
    Debrigarh Wildlife Sanctuary Orissa
    Kuldiha Wildlife Sanctuary Orissa
    Ranthambore National Park Rajasthan
    Sariska National Park Rajasthan
    First National Park in the world, which was successfully adapted by Royal Bengal Tiger]  
    Darrah National Park Rajasthan
    Desert National Park Rajasthan
    Keoladeo National Park (UNESCO) Rajasthan
    Mount Abu Wildlife Sanctuary Rajasthan
    Jawaharsagar Wildlife Sanctuary Rajasthan
    Phulwari Wildlife Sanctuary Rajasthan
     Keladevi Wildlife Sanctuary Rajasthan
    Fambonglho Wildlife Sanctuary Sikkim
    Khangchendzonga National Park Sikkim
    Kyongnosla Alpine Sanctuary Sikkim
    Pangolakha Wildlife Sanctuary Sikkim
    Shingba Rhododendron Sanctuary Sikkim
    Mukurthi National Park Tamilnadu
    Shenbagathoppu Grizzled Squirrel Wildlife Sanctuary Tamilnadu
    Satyamanglam wild Life Sanctuary Tamilnadu
    Indira Gandhi (Annamalai) National Park Tamilnadu
    Guindy National Park Tamilnadu
    Mudumalai National Park Tamilnadu
    Vettangundi Wildlife Sanctuary Tamilnadu
    Gulf of Mannar Marine National Park Tamilnadu
    Mrugavani National Park Telangana
    Sipahijola Wildlife Sanctuary Tripura
    Bisan (Rajbari) National Park Tripura
    Gumti Wildlife Sanctuary Tripura
    Clouded Leopard National Park Tripura
    Chandra Prabha Wildlife Sanctuary Uttar Pradesh
    Dudhwa National Park Uttar Pradesh
    Ranipur Sanctuary Uttar Pradesh
    Rajaji National Park Uttarakhand
    Gangotri National Park Uttarakhand
    Nanda Devi National Park (UNESCO) Uttarakhand
    Jim Corbett National Park (Oldest Park) Uttarakhand
    Valley of Flowers National Park (UNESCO) Uttarakhand
    Askot Musk Deer Sanctuary Uttarakhand
    Govind Pashu Vihar Uttarakhand
    Kedarnath Wildlife Sanctuary Uttarakhand
    Sundarbans National Park West Bengal
    Gorumara National Park West Bengal
    Buxa National Park West Bengal
    Jaldapara National Park West Bengal
    Neora Valley National Park West Bengal
    Singalila National Park West Bengal
    Mahatma Gandhi Marine National Park Andaman & Nicobar Islands
    Rani Jhansi Marine National Park Andaman & Nicobar Islands
    Saddle Peak National Park Andaman & Nicobar Islands
    Middle Button Island National Park Andaman & Nicobar Islands
    South Button Island National Park Andaman &Nicobar Islands
    Mount Harriet National Park Andaman &Nicobar Islands
    North Button Island National Park Andaman & Nicobar Islands
    Campbell Bay National Park Andaman & Nicobar Islands
    Galathea National Park Andaman & Nicobar Islands

     

     

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