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  • What are Orans?

    Oran Bachao Yatras are taking place in Rajasthan for the protection of orans or sacred groves facing the threat of destruction due to the land being allotted for renewable energy infrastructure and high-tension power lines.

    What are Orans?

    • Orans are Community Conserved Areas protected for their sacred values.
    • They include woodlots, pastures, orchards, sacred groves, and habitats usually centered around sources of water such as natural springs, rivulets, or artificially constructed ponds.
    • Additionally, there is usually a shrine dedicated to a local deity at the heart of an Oran.
    • Their traditional boundaries are based on landmarks or geographical milestones established by indigenous and agro-pastoral communities associated with them.
    • Orans are usually defined by a strong community-territory relationship and a well-functioning governance system.

    Reasons for the Yatra

    • Named after local deities and medieval warriors, orans hold religious and social significance as small forest patches in the middle of the mighty Thar desert.
    • Orans also form the natural habitat for India’s most critically endangered bird, the Great Indian Bustard (GIB), a protected species under the Wildlife Protection Act, which is also the State bird of Rajasthan.
    • GIBs have died during the last few years because of collision with power lines, making this the most significant threat to the majestic birds.

    Back2Basics: Sacred Grooves

    • Sacred groves of India are forest fragments of varying sizes, which are communally protected, and which usually have a significant religious connotation for the protecting community.
    • It usually consists of a dense cover of vegetation including climbers, herbs, shrubs and trees, with the presence of a village deity and is mostly situated near a perennial water source.
    • Sacred groves are considered to be symbols of the primitive practice of nature worship and support nature conservation to a great extent.
    • The introduction of the protected area category community reserves under the Wild Life (Protection) Amendment Act, 2002 has introduced legislation for providing government protection to community-held lands, which could include sacred groves.

    Historical references

    • Indian sacred groves are often associated with temples, monasteries, shrines, pilgrimage sites, or with burial grounds.
    • Historically, sacred groves find their mentions in Hindu, Jain and Buddhist texts, from sacred tree groves in Hinduism to sacred deer parks in Buddhism for example.
    • Sacred groves may be loosely used to refer to natural habitat protected on religious grounds.
    • Other historical references to sacred groves can be obtained in Vrukshayurveda an ancient treatise, ancient classics such as Kalidasa’s Vikramuurvashiiya.
    • There has been a growing interest in creating green patches such as Nakshatravana

    Regulation of activities in Sacred Grooves

    • Hunting and logging are usually strictly prohibited within these patches.
    • Other forms of forest usage like honey collection and deadwood collection are sometimes allowed on a sustainable basis.
    • NGOs work with local villagers to protect such groves.
    • Traditionally, and in some cases even today, members of the community take turns to protect the grove.

    Threats to such grooves

    • Threats to the groves include urbanization, and over-exploitation of resources.
    • While many of the groves are looked upon as abode of Hindu deities, in the recent past a number of them have been partially cleared for construction of shrines and temples.

    Total grooves in India

    • Around 14,000 sacred groves have been reported from all over India, which act as reservoirs of rare fauna, and more often rare flora, amid rural and even urban settings.
    • Experts believe that the total number of sacred groves could be as high as 100,000.
    • They are called by different names in different states:
    1. Sarna in Bihar
    2. Dev Van in Himachal Pradesh
    3. Devarakadu in Karnataka
    4. Kavu in Kerala
    5. Dev in Madhya Pradesh
    6. Devarahati or Devarai in Maharashtra
    7. Lai Umang in Maharashtra
    8. Law Kyntang or Asong Khosi in Meghalaya
    9. Kovil Kadu or Sarpa Kavu in Tamil Nadu

     

     

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  • What is Purse Seine Fishing?

    seine

    The Centre has told the Supreme Court that a ban imposed by certain coastal States on purse seine fishing, which is known to disadvantage endangered species, is not justified.

     Purse seine fishing

    • It uses a large vertical net to surround dense shoals of pelagic or midwater fish in the open ocean, and then draws in the edges like tightening the cords of a drawstring purse.
    • A vertical net ‘curtain’ is used to surround the school of fish, the bottom of which is then drawn together to enclose the fish, rather like tightening the cords of a drawstring purse.
    • It is deployed widely on India’s western coasts,

    What is the issue?

    • This mode of fishing is prohibited by Tamil Nadu, Kerala, Puducherry, Odisha, Dadra and Nagar Haveli and Daman and Diu Andaman and Nicobar Islands in their respective territorial waters of up to 12 nautical miles.
    • However, states like Gujarat, Andhra Pradesh, Goa, Karnataka, and West Bengal have not imposed any such ban on purse seine fishing.

    Why states are divided over this?

    • In some States, it is linked to concerns about the decreasing stock of small, pelagic shoaling fish such as sardines, mackerel, anchovies and trevally on the western coasts.
    • The scientific community argues that climatic conditions, including the El Nino phenomenon, are responsible for the declining catch of such fish in the last ten years.
    • Fishermen using traditional methods have placed the blame squarely on the rise of purse seine fishing.
    • They fear a further fall in the availability of these small fish if the ban is lifted.

    How does the Centre see this plan?

    • The Fisheries Department of the Union government has recommended the lifting of the ban on purse seine fishing.
    • The expert panel has said that this mode of fishing has “per se has not resulted in any serious resource depletion so far, given the available evidence”.
    • It recommended purse seiners to fish in territorial waters and the Indian Exclusive Indian Exclusive Economic Zone (EEZ) subject to certain conditions.

    Way ahead

    • There should be a national management plan on purse seine fisheries.
    • Partial ban in some states may put fishermen at disadvantage in other states.

     

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  • Appointment of Judges: A case of confrontation between the Centre and judiciary

    Appointment

    Context

    • Recently, there has been confrontation between the Centre and judiciary on the interpretation of Article 124 (2) and 217 (1) of the Constitution.

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    Provisions related to the appointment of judges to the supreme court and high court

    • Article 124 (2): It highlights that every judge of the Supreme Court will be appointed by the president after consultation with such of the judges (in particular, the chief justice) of the Supreme Court and of the high courts in the states as necessary.
    • Article 217 (1): Similarly, for high courts, Article 217 (1) highlights that every judge of a high court will be appointed by the president after consultation with the Chief Justice of India, the governor of the state, and the chief justice of the high court.
    • Judicial independence and Collegium system: Judicial interpretation in SP Gupta vs Union of India (1981), The Supreme Court Advocates-on Record Association vs Union of India (Second Judges case) (1993) and Article 143(1) vs Unknown (Third Judges Opinion) (1998) has further evolved the principle of judicial independence and led to a collegium system for recommending judges.
    • Role of central government: Currently, the Centre can accept or reject recommendations made by the collegium system however, if a recommendation was reiterated, the government was obliged to accept it.

    Appointment

    What the ongoing tussle is all about?

    • More recently established consensus has given way to a stalemate, as the Centre stalls recommendations reiterated by the Collegium.
    • The Supreme Court pulled up the government for not following timelines laid down in the Second Judges Case.
    • The Standing Parliamentary Committee on Law and Personnel has also highlighted its disagreement with the Department of Justice that the time for filling vacancies cannot be indicated.

    Appointment

    What will be the impact of this tussle?

    • Decline in the capacity of India’s judicial system: The net effect of this historic tussle between the independent judiciary and overweening Centre has been a decline in the capacity of India’s judicial system
    • Vacancies in higher judiciary: There were approximately three vacancies (of 34) in the Supreme Court, along with about 381 (of 1,108) vacancies for judges in the high courts.
    • In lower judiciary: The lower judiciary had about 5,342 (of 24,631) seats vacant, accounting for 20 per cent of its capacity.
    • Impact on judicial efficiency: Such vacancies, particularly in the high courts of Bombay, Punjab & Haryana, Calcutta, Patna and Rajasthan are bound to have an impact on judicial efficiency (with about four crore cases pending, as of August 2022)

    Appointment

    A study: Process of appointment of judges in other countries and by political institutions

    • In Italy: Here, appointments to the Constitutional Court are made by the president, the legislature and the Supreme Court, with each entity allowed to nominate five judges.
    • In US: Supreme Court justices are nominated (for life) by the president and then approved by Senate via a majority vote. Whereas, the state governor appoints state judges based on recommendations provided by a merit commission.
    • In Germany: The German Constitutional Court is appointed by the Parliament (each House gets four appointments in each of the Court Senates) with a supermajority vote (2/3). Naturally, this can lead to a partisan judiciary.
    • In Iraq: All judges are graduates of a Judicial Institute, with all applicants undergoing written and oral tests, along with an interview with a panel of judges.
    • In Japan: The Supreme Court Secretariat controls lower-level judicial appointments, along with their training and promotions.
    • Judicial elections to enhance the accountability of judiciary: Judicial elections have also been utilised to enhance the accountability of the judiciary a variety of states in the US using elections for judicial appointments to the State Supreme Courts.
    • Judicial councils: Other countries have experimented with judicial councils (often comprising of existing judges, representatives of the Ministry of Justice, members of the bar association, laymen etc)

    Appointment

    Appointments through Judicial Commission

    • Centres push Judicial Commission: for Recently, the Centre pushed for judicial appointments to be conducted via a Judicial Commission (National Judicial Appointments Commission Bill, 2014).
    • Supreme court says collegium system open to greater transparency: The Supreme Court struck down the NJAC Act (2014) with a 4:1 majority, while highlighting that it was open to greater transparency in the collegium system in particular, making the collegium more transparent, fixing eligibility criteria for appointing judges and debating whether an empowered secretariat was required to appoint judges.

    In this scenario what are suggested reforms?

    • Empower secretariat to select and recommend candidates: The Collegium system can continue; however, a secretariat may be empowered to select and recommend candidates, with the Executive continuing to hold power to appoint judges.
    • Greater representation of our society in the judiciary: The secretariat could be staffed with current judges, members of the bar association, representatives of the law ministry and laymen and should push for greater representation of our society in the judiciary. There were only three women and two SC judges in the Supreme Court.
    • New Court of appeal: Beyond judicial appointments, there is a clear need for having a new Court of Appeal (refer PIL by V Vasanthakumar). The Supreme Court was never intended to be a regular court of appeal against orders in high courts (Bihar Legal Society vs Chief Justice of India, 1986) the Supreme Court should not be hearing bail applications.
    • Federal court of Appeal: Instead, as recommended by the Law Commission, we need to have a Federal Court of Appeal, with branches in major metros.
    • Transform Supreme court into constitutional court: The Supreme Court should be transformed into a Constitutional Court (via a constitutional amendment) doing this would mean fewer cases (about 50, anecdotally) being kept pending at the highest level.
    • Defined retirement age for all judges: There need a push for a defined retirement age, say 65, for all judges, whether at a high court or Supreme Court level post retirement, there should also be a mandatory cooling off period for judges to be nominated to roles in government.

    Conclusion

    • Judicial independence continues to be important for the health of India’s democracy. A credible and impartial system of appointing judges is necessary to achieve judicial independence. Any appointment must ensure judicial accountability, fostering a judiciary which, at an individual and systemic level, is independent from other branches of government.

    Mains Question

    Q. What is the process of appointment of Supreme Court and High Court Judges? What is the Government’s position on the appointment of judges? What measures are suggested for judicial appointments?

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  • Divyang Friendly Physical and Digital Interface of buildings

    Friendly

    Context

    • Among the various disadvantages we poorly equipped to support people with disabilities about access to parliament. It is time to make the physical and digital interface of parliament and other buildings more disabled-friendly.

    What are the common suggestions about disabled friendly parliament?

    • Accessibility Committee: To attend to the access needs of the disabled.
    • Providing sign language: For interpretation for Parliamentary proceedings.
    • Audit of website: Ordering an accessibility audit of Parliament’s websites.

    Friendly

    What is the accessible India campaign?

    • Disable friendly facilities: In December 2015, the Government of India launched the Accessible India Campaign (AIC) to make the built environment, ICT ecosystem and transport facilities more disabled-friendly.
    • Lack of enforcement: A strong enforcement mechanism is unfortunately absent in the AIC, led by people with disabilities and accessibility professionals, to ensure that ambitious milestones are set and pursued to their meaningful conclusion.

    Recommendations of report by the Vidhi Centre for Legal Policy

    • Make every building accessible: A report by the Vidhi Centre for Legal Policy, titled “Beyond Reasonable Accommodation” points out, the requirement to make every new building accessible before it is granted an Occupancy Certificate.
    • Integration of laws: The relevant provisions of the Harmonised Guidelines and Standards for Universal Accessibility in India, 2021 must be integrated into local bye-laws and state planning laws.
    • Sensitivity about compliance: Municipal authorities must have the know-how and sensitivity to gauge compliance with the norms to make the built environment accessible and access to competent accessibility professionals who can provide appropriate inputs at every stage.
    • Professions to enforce compliance: The list of empanelled professionals maintained by municipal authorities must also consist of accessibility professionals, and this requirement must be codified in model building bye-laws and the National Building Code.

    Digital

    What parliament can do?

    • Accessibility committee: Parliament must set up an accessibility committee urgently that must be tasked with delivering recommendations in a time-bound fashion on making every aspect of the Parliamentary process more disabled-friendly.
    • Taking cue from supreme court: The constitution of an Accessibility Committee by the Supreme Court recently may be a good reference point for Parliament.

    What can centre and states do?

    • Accessibility criteria in procurement: Central and state level procurement laws and policies must incorporate accessibility criteria in public procurement of physical, digital and transport infrastructure.
    • Accessible tenders and documents: These must be replicated in agreements between procurement agencies and bidders/contractors. In addition, tender documents must set out applicable accessibility standards.

    Conclusion

    • Disable people suffers from structural disadvantage at every stage of governance including building infrastructure. Parliament should start from itself to give larger message of about sensitivity towards disabled friendly buildings.

    Mains Question

    Q. Explain the limitations of accessible India campaign? Suggest the way towards more disable friendly buildings in India.

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  • Latest round of commander-level talks at Line of Actual control (LAC)

    talks

    Context

    • A week after the clash in Tawang in Arunachal Pradesh, convening of the 17th round of India-China corps commander-level talks at the Chushul-Moldo border meeting point in eastern Ladakh is a positive development. But unfortunately, it does not inspire confidence about Chinese intentions vis a vis the Line of Actual Control.

     Background

    • Disengagement at Gogra Hot springs in last round of talks: The last round of talks was held in July, and in September, the government announced that the two sides had finished disengaging at Gogra Hot Springs, as had been agreed in the 16th round.
    • Beijing reluctant for further rounds of talks: Beijing appeared reluctant to accede to Delhi’s push for another round,
    • No return to the status quo: China signals that there is nothing more to discuss about the situation in eastern Ladakh, and certainly not a return to the status quo that existed before its incursions in April-May 2020.

    What is outcome of the latest round of talks and the current status?

    • No mutually acceptable resolution on remaining issues: A joint statement that the two sides agreed to keep talking through military and diplomatic channels toward a mutually acceptable resolution of the remaining issues at the earliest suggests that there was no outcome from this round. It is also not clear if the remaining issues have been agreed upon by both sides.
    • India facing an altered status quo: Apart from the fact that India now faces an altered status quo and that the PLA is rapidly building war-like infrastructure on its side, for India, the remaining issues are the presence of Chinese troops in the Depsang plains, and intrusions in the Demchok area.
    • Tensions seems manageable but situation is unpredictable: The sector-wise compartmentalisation makes the tensions seem manageable, but the reality appears to be that there is no predicting which part of the 3,500 km of the line will flare up suddenly, as it did recently.
    • Situation is very serious: Minister of External Affairs S Jaishankar flagged the seriousness of the situation when he told Parliament that the Indian deployment at the LAC is at its highest level.
    • Despite the advanced surveillance, no clarity on Army’s preparedness: From the short statement by Defence Minister Rajnath Singh, it is unclear how prepared the Army was for the transgression at Tawang, despite the advanced Intelligence Surveillance and Reconnaissance devices that have reportedly been installed in that area.

    talks

    Why China has opened new front in Tawang?

    • Status quo along the boundary not only limited to the Western Sector: China has traditionally been active in areas close to Ladakh given the significance of the Xinjiang-Tibet region in its domestic narrative. However, with its sights on an ageing Dalai Lama, and the issue of his succession, Beijing will want to bring into focus its claims on Tawang, and the rest of Arunachal Pradesh.
    • Huge investment in infrastructure in eastern sector: China has invested in infrastructure in the Eastern Sector over many years. This includes rail, road, and air connectivity, better telecommunications, as well as improved capacity to station and supply troops and artillery.
    • Centrality of the boundary issue in the India-China relationship: External Affairs Minister S Jaishankar has repeatedly asserted that it is no longer possible to separate the boundary question from the overall relationship and that peace and tranquillity on the LAC is the key to restoring relations. However, China is likely to keep up the pressure on the ground along the LAC, even as they continue to suggest that the two countries look beyond the differences, much like Chinese Foreign Minister Wang Yi’s comments during his March 2022 visit when he claimed that the two sides need to “inject more positive energy” into the relationship.

    talks

    Way ahead

    • Delhi should make a push for talks at the diplomatic level even as it ramps up military preparedness.
    • Whatever the facts on the ground and regardless of how the tensions will unfold, the government would be well advised to take the Opposition parties into confidence at the earliest.
    • A wide political consensus is what the country needs when confronted with tensions at the borders and it is the government’s task and responsibility to build it.

    Conclusion

    • Delhi should make a push for talks at the diplomatic level even as it ramps up military preparedness. Whatever the facts on the ground and regardless of how the tensions will unfold, the government should take the Opposition parties into confidence at the earliest. A wide political consensus is what the country needs when confronted with tensions at the borders

    Mains Question

    Q. China has opened new front in the eastern sector. Even after the commander level talks multiple times, frictions between the two continues at LAC. Discuss.

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  • Reviewing the Age of Consent Under POCSO Act

    Age of Consent

    Context

    • The Chief Justice of India’s recently raised the concerns about the age of consent under the POCSO Act. CJI quested parliament to review the age under POCSO act.

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    What are the issues related to age of consent?

    • Criminalization of romantic relationship: The Madras, Delhi and Meghalaya High Courts have flagged matters concerning criminalisation of romantic relationships between or with an adolescent under POCSO.
    • AK v. State Govt of NCT of Delhi: On November 12, the Delhi High Court in AK v. State Govt of NCT of Delhi (order by Justice Jasmeet Singh) stated that the intention of POCSO was to protect children below the age of 18 years from sexual exploitation and not to criminalise romantic relationships between consenting young adults.
    • Government not in favour of revision of age: The government told Parliament that it does not have any plan to revise the age of consent.
    • Blanket ban on anticipatory bail: The recent criminal law amendment in UP that imposed a blanket ban on granting anticipatory bail to a rape accused rubs salt on the already wounded.

    Age of Consent

    Concerns related to age of consent and POCSO Act

    • Criminalization of sexual act: POCSO conflates exploitative sexual practice and general sexual expression by an adolescent, and criminalises both.
    • Overlooking the voluntary sexual act: Criminal law has become an instrument to silence or regulate a non-exploitative consensual sexual relationship involving a minor girl, which is voluntary.
    • Abuse of POCSO act: The obiter of the court that POCSO has become a tool in the hands of certain sections of society to abuse the process of law is corroborated by other courts too.
    • Victimization of girls: The cumulative victimisation of the “consenting” girl also deserves the lawmakers’ attention.

    Today’s reality of sexual life among adolescent and mismatch in law

    • Increased age of consent: The age of consent has increased from 10 to 12 to 14 to 16 and finally to 18 years by the 2013 amendment, in order to bring it in conformity with the then newly legislated POCSO Act.
    • Consent of minor girl is illegal: The law disregards the likelihood of a minor girl engaging in sexual activity voluntarily it thus desexualises her.
    • Ignoring the social reality: The law that criminalises adolescent sexuality either ignores social reality or pretends to do so.
    • Sexual experience before the age of consent: According to the NFHS-5, for instance, 39 per cent women had their first sexual experience before turning 18. The same survey provides additional evidence of sexual engagement among unmarried adolescent girls by reporting contraception use by 45 per cent of unmarried girls in the age group of 15-19 years.

    Age of Consent

    What should be the way forward?

    • Separate procedure for POCSO Act: Need to evolve a separate procedure for children while dealing with POCSO cases.
    • Victimization should be avoided: Romantic” lovers in a mutually consensual relationship should not be victims of the abuse of the criminal justice system processes.

    Age of Consent

    Conclusion

    • Age of consent is matter of debate and cannot be decided alone by judges and judiciary. Need of an hour is a sexual education in the children and adolescence. We need to fight to taboo about sex and debate on sex.

    Mains Question

    Q. What are the misuse cases under POCSO act? What are the mismatch between todays POCSO act and social reality of adolescent sex life?

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  • [Burning Issue] CBD’s Kunming-Montreal Global Biodiversity Framework (GBF)

    biodiversity

    Context

    • The United Nations Biodiversity Conference (COP15) ended in Montreal, Canada, on 19 December 2022 with a landmark agreement to guide global action on nature through to 2030.
    • Chaired by China and hosted by Canada, COP 15 resulted in the adoption of the Kunming-Montreal Global Biodiversity Framework (GBF) on the last day of negotiations. 
    • In this context, this edition of the burning issue will tell about the agreement in detail.

    About Convention on Biodiversity (CBD)

    • The CBD known informally as the Biodiversity Convention is a multilateral treaty having its origin at the Rio Earth Summit in 1992.
    • The convention has three main goals: the conservation of biodiversity, the sustainable use of its components, the fair and equitable sharing of benefits arising from genetic resources.
    • Its objective is to develop national strategies for the conservation and sustainable use of biological diversity, and it is often seen as the key document regarding sustainable development.
    • It has two supplementary agreements, the Cartagena Protocol and Nagoya Protocol.

    The Kunming-Montreal Global Biodiversity Framework (GBF)

    Need of the Agreement

    • Dangerous decline in nature: The stakes could not be higher: the planet is experiencing a dangerous decline in nature as a result of human activity. It is experiencing its largest loss of lives since dinosaurs. One million plant and animal species are now threatened with extinction, many within decades.
    • Failure of Aichi targets: The targets are ambitious, considering that biodiversity is in a poor state. In 2020, the world failed to meet the last set of targets, the Aichi Targets. Countries would need to ensure success this time around.

    Aim

    • The GBF aims to: Address biodiversity loss, restore ecosystems and protect indigenous rights. The plan includes concrete measures to halt and reverse nature loss, including putting 30 per cent of the planet and 30 per cent of degraded ecosystems under protection by 2030. It also contains proposals to increase finance to developing countries – a major sticking point during talks.

    Goals

    • The GBF consists of four overarching global goals: to protect nature, including halting human-induced extinction of threatened species and reducing the rate of extinction of all species tenfold by 2050; sustainable use and management of biodiversity to ensure that nature’s contributions to people are valued, maintained and enhanced; fair sharing of the benefits from the utilization of genetic resources, and digital sequence information on genetic resources; and that adequate means of implementing the GBF be accessible to all Parties, particularly Least Developed Countries and Small Island Developing States.
    biodiversity

    Targets

    The GBF also features 23 targets to achieve by 2030, including:

    • Effective conservation and management of at least 30 per cent of the world’s land, coastal areas and oceans. Currently, 17 percent of land and *8 per cent of marine areas are under protection.
    • Restoration of 30 per cent of terrestrial and marine ecosystems
    • Reduce to near zero the loss of areas of high biodiversity importance and high ecological integrity
    • Halving global food waste
    • Phasing out or reforming subsidies that harm biodiversity by at least $500 billion per year, while scaling up positive incentives for biodiversity conservation and sustainable use
    • Mobilizing at least $200 billion per year from public and private sources for biodiversity-related funding
    • Raising international financial flows from developed to developing countries to at least US$ 30 billion per year
    • Requiring transnational companies and financial institutions to monitor, assess, and transparently disclose risks and impacts on biodiversity through their operations, portfolios, supply and value chains

    Reporting of the Outcomes

    • The countries will monitor and report every five years or less on a large set of indicators related to progress. The CBD will combine national information submitted by late February 2026 and late June 2029 into global trends and progress reports.

    Creation of a dedicated fund

    • The Global Environment Facility has been requested to establish a Special Trust Fund to support the implementation of the Global Biodiversity Framework (“GBF Fund”). This is to ensure successful implementation.
    • Delegates have agreed to establish within the GBF a multilateral fund for the equitable sharing of benefits between providers and users of digital sequence information on genetic resources (DSI), to be finalized at COP16 in Türkiye in 2024.

    Key outcomes of the Agreement

    [A] 30×30 Target

    • Delegates committed to protecting 30% of land and 30% of coastal and marine areas by 2030, fulfilling the deal’s highest-profile goal, known as 30-by-30.
    • Currently, 17% of terrestrial and 10% of marine areas are protected.
    • Indigenous and traditional territories will also count toward this goal, as many countries and campaigners pushed for during the talks.
    • The deal also aspires to restore 30% of degraded lands and waters throughout the decade, up from an earlier aim of 20%.
    • And the world will strive to prevent destroying intact landscapes and areas with a lot of species, bringing those losses “close to zero by 2030”.

    [B] Money for nature

    • Signatories aim to ensure $200 billion per year is channeled to conservation initiatives, from public and private sources.
    • Wealthier countries should contribute at least $20 billion of this every year by 2025, and at least $30 billion a year by 2030.

    [C] Big companies report impacts on biodiversity

    • Companies should analyse and report how their operations affect and are affected by biodiversity issues.
    • The parties agreed to large companies and financial institutions being subject to “requirements” to make disclosures regarding their operations, supply chains and portfolios.
    • This reporting is intended to progressively promote biodiversity, reduce the risks posed to businesses by the natural world, and encourage sustainable production.

    [D] Harmful subsidies

    • Countries committed to identifying subsidies that deplete biodiversity by 2025, and then eliminating, phasing out or reforming them.
    • They agreed to slash those incentives by at least $500 billion a year by 2030, and increase incentives that are positive for conservation.

    [E] Pollution and pesticides

    • One of the deal’s more controversial targets sought to reduce the use of pesticides by up to two-thirds.
    • But the final language to emerge focuses on the risks associated with pesticides and highly hazardous chemicals instead, pledging to reduce those threats by “at least half”, and instead focusing on other forms of pest management.
    • Overall, the Kunming-Montreal agreement will focus on reducing the negative impacts of pollution to levels that are not considered harmful to nature, but the text provides no quantifiable target here.

    [F] Monitoring and reporting progress

    • All the agreed aims will be supported by processes to monitor progress in the future, in a bid to prevent this agreement from meeting the same fate as similar targets that were agreed upon in Aichi, Japan, in 2010, and never met.
    • National action plans will be set and reviewed, following a similar format used for greenhouse gas emissions under U.N.-led efforts to curb climate change.
    • Some observers objected to the lack of a deadline for countries to submit these plans.

    India’s presence at the Conference

    • India was represented at the conference by Union Environment Minister Mr. Bhupendra Yadav.
    • India mainly put forward the arguments for supporting the case of developing countries and suggested for the creation of a biodiversity fund to help developing countries successfully implement the global framework.
    • India also called for the application of the ‘Common but Differentiated Responsibilities and Respective Capabilities’ (CBDR) principle while deciding the responsibilities of different countries as the developing countries bear most of the burden of climate change and, therefore, require adequate funding and technology transfer.

    Few concerns with the agreement

    • Activist organization Avaaz has pointed out that Goal A does not contain the 2030 milestones and enough numerical values anymore. This would make it difficult to assess whether or not the GBF leads to positive impacts on ecosystems. 
    • Avaaz also said there was still an imbalance between the amounts pledged in the text and real needs.
    • The framework text has indicated that the resources needed are up to $700 billion per year but the flows will be increased only to $200 billion per year by 2030. Avaaz said the framework should specify how this gap will be closed.  
    • There is now consensus that $200 billion will be made available every year from all sources by 2030. However, it is not clear how this funding would be disbursed. Some Parties favour the establishment of a stand-alone fund outside the existing funding structure while others want to improve the existing funding mechanisms.
    • Also, India’s Environment Minister Bhupender Yadav said that a numerical global target for pesticide reduction in the agriculture sector is unnecessary and must be left for countries to decide. The agriculture sector in India, like other developing countries, is the source of “life, livelihoods, and culture for hundreds of millions,”.
    • There is no 2030 target for increasing species population abundance. Some earlier drafts included details about enlarging the area of natural ecosystems by at least 5% by 2030, and these targets were removed.
    • The term “nature positive”, which scientists had said would be the biodiversity equivalent of “net zero”, did not make the final document. Many will see this as a missed opportunity – a unifying idea similar to keeping global heating to within 1.5C.
    • The main criticism of 30×30 (and other area-based conservation targets) is that implementing them risks violating human rights (original forest dwellers).

    Conclusion

    • This agreement means people around the world can hope for real progress to halt biodiversity loss and protect and restore our lands and seas in a way that safeguards our planet and respects the rights of indigenous peoples and local communities.
  • What is Adjournment Sine Die?

    Both houses of the Parliament were adjourned sine die, six days ahead of their schedule.

    Session of Parliament and Related Terminologies

    • During a session, both the Houses meet almost daily barring holidays to transact business be it to discuss a matter of public matters, frame laws, amend laws, place Standing Committee reports and pass financial bills among others.
    • The Houses are in session thrice a year: Budget Session (February to May); Monsoon Session (July to September); and Winter Session (November to December).

    Terminating the session

    • During a session of Parliament, usually, there are two sittings: morning sitting from 11 am to 1 pm and post-lunch sitting from 2 pm to 6 pm.
    • The sitting of the Parliament in both the Houses can be terminated only by adjournment, adjournment sine die, prorogation and dissolution (not applicable for Rajya Sabha).
    • Technically, a session of the Parliament means the period between the first sitting of a House and its prorogation or dissolution.
    • The period between the prorogation of a House and its reassembly in a new session is called a recess.

    (1) Adjournment sine die

    • Adjournment sine die means terminating a sitting of Parliament for an indefinite period, that is, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die.
    • The power of adjournment sine die lies with the presiding officer of the House.
    • However, the presiding officer of a House can call a sitting of the House before the date or time to which it has been adjourned or at any time after the House has been adjourned sine die.

    (2) Adjournment

    • An adjournment results in the suspension of work in a sitting for a specified time, which may be hours, days or weeks.
    • In this case, the time of reassembly is specified as an adjournment only terminates a sitting and not a session of the House.
    • The power of adjournment lies with the presiding officer of the House.

    (3) Prorogation

    • The term prorogation means the termination of a session of the House by an order made by the President under Article 85(2)(a) of the Constitution.
    • The prorogation terminates both the sitting and session of the House and is usually done within a few days after the House is adjourned sine die by the presiding officer.
    • The President issues a notification for the prorogation of the session. However, the president can also prorogue the House while in session.
    • It must be noted that all pending notices except those for introducing bills lapse.

    (4) Dissolution

    • Whenever a dissolution happens, it ends the very life of the existing House and a new House is constituted after the General Elections.
    • However, only the Lok Sabha is subject to dissolution as the Rajya Sabha, being a permanent House, is not subject to dissolution. The dissolution of the Lok Sabha may take place in two ways:
    1. Automatic dissolution: On the expiry of its tenure: five years or the terms as extended during a national emergency.
    2. Order of President: If the President is authorised by the Council of Ministers, he or she can dissolve Lok Sabha, even before the end of the term. The president may also dissolve Lok Sabha if the Council of Ministers loses confidence and no party is able to form the government. Once the Lok Sabha is dissolved before the completion of its normal tenure, the dissolution is irrevocable.

    Impact on legislation process

    • When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices and petitions that are pending before it or its committees lapse.
    • Summoning: Summoning is the process of calling all members of the Parliament to meet.

    When does a Bill lapse in Indian Parliament? 

    Depending on the status of the pending legislation, and where it originated, there are certain cases in which the Bill lapses on dissolution of Assembly.

    1. Bills originated in Lok Sabha
    • Any Bill that originated in the Lok Sabha, but could not be passed, lapses.
    • A Bill originated and passed by the Lok Sabha but pending in the Rajya Sabha also lapses
    1. Bills originated in Rajya Sabha
    • The Constitution also gives MPs in Rajya Sabha the power to introduce a Bill.
    • Therefore a Bill that originated in Rajya Sabha and was passed by it, but remains pending in Lok Sabha also lapses.
    • A Bill originated in the Rajya Sabha and returned to that House by the Lok Sabha with amendments and still pending in the Rajya Sabha on the date of the dissolution of Lok Sabha lapses.

    When a Bill does not lapse

    1. Not all Bills, which haven’t yet become law, lapse at the end of the Lok Sabha’s term.
    2. A Bill pending in the Rajya Sabha, but not passed by the Lok Sabha, does not lapse.
    3. A Bill passed by both the Houses but pending assent of the President of India, does not lapse.
    4. A Bill passed by both Houses but returned by the President of India for reconsideration of the Parliament does not lapse.
    5. Some pending Bills and all pending assurances that are to be examined by the Committee on Government Assurances also does not lapse on the dissolution of the Lok Sabha.

     

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