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Type: Bills/Act/Laws

  • Real Estate Industry

    RERA

    Bills/Act/Laws | Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: RERA

    Mains level: Real Estate issues

    The Supreme Court has asked the Chief Secretaries of the States to respond to queries raised by the Centre on the implementation of rules framed under the Real Estate (Regulation and Development) (RERA) Act, 2016 in their respective jurisdictions.

    What is RERA, 2016?

    • The Real Estate (Regulation and Development) Act, 2016 seeks to protect home-buyers as well as help boost investments in the real estate industry.
    • It establishes a Real Estate Regulatory Authority- RERA in each state for regulation of the real estate sector and also acts as an adjudicating body for speedy dispute resolution.
    • It was enacted under Entry 6 and 7 (dealing with contracts and the transfer of property) of the Concurrent List.
    • It is followed by the principle “buyer is the king and builders will have to ensure compliances to avoid punishment”.
    • Its main objective is to reduce delay in the work or timely delivery of the project without compromising the quality.

    Objectives of this Act

    It has the following objectives:

    • To protect the interest of the allottees and ensure their responsibility
    • To maintain transparency and reduce the chances of fraud
    • To implement Pan-India standardization and bring about professionalism
    • To enhance the flow of correct information between the home buyers and the sellers
    • To impose greater responsibilities on both the builders and the investors
    • To enhance the reliability of the sector and thereby increase confidence amongst the investors

    Key Provisions of RERA Act

    • Compulsory registration: According to the central act, every real estate project (where the total area to be developed exceeds 500 sq mtrs or more than 8 apartments is proposed to be developed in any phase), must be registered with its respective state’s RERA.
    • Establishment of state level regulatory authorities: It provides for State governments to establish more than one regulatory authority such as RERA to:
    1. Register and maintain a database of real estate projects; publish it on its website for public viewing
    2. Protection of interest of promoters, buyers and real estate agents
    3. Development of sustainable and affordable housing
    4. Render advice to the government and ensuring compliance with its Regulations and the Act
    • Establishment of Real Estate Appellate Tribunal: Decisions of RERAs can be appealed in these tribunals.
    • Mandatory Registration: All projects with plot size of a minimum 500 sq.mt or eight apartments need to be registered with Regulatory Authorities.
    • Deposits: Developers needs to keep 70% of the money collected from a buyer in a temporary pass through account held by a third party (escrow account) to meet the construction cost of the project.
    • Liability of the developer: A developer’s liability to repair structural defects would be for 5 years.
    • Cap on Advance Payments: A promoter cannot accept more than 10% of the cost of the plot, apartment or building as an advance payment or an application fee from a person without first entering into an agreement for sale
    • Carpet Area over super built-up: Clearly defines Carpet Area as net usable floor area of flat. Buyers will be charged for the carpet area and not super built-up area.
    • Punishment for non-compliance: Imprisonment of up to three years for developers and up to one year in case of agents and buyers for violation of orders of Appellate Tribunals and Regulatory Authorities.

    Which projects can get RERA approval?

    • Commercial and residential projects including plotted development.
    • Projects measuring more than 500 sq mts or 8 units.
    • Projects without Completion Certificate, before the commencement of the Act.
    • The project is only for the purpose of renovation/repair / re-development which does not involve re-allotment and marketing, advertising, selling or new allotment of any apartments, plot or building in the real estate project, will not come under RERA.
    • Each phase is to be treated as standalone real estate project requiring fresh registration.

    Benefits offered by the RERA Act

    Industry

    Developer

    Buyer

    Agents
    • Governance and transparency
    • Project efficiency and robust project delivery
    • Standardization and quality
    • Enhance the confidence of investors
    • Attract higher investments and PE funding
    • Regulated Environment
    • Common and best practices
    • Increase efficiency
    • Consolidation of sector
    • Corporate branding
    • Higher investment
    • Increase in organized funding
    • Significant buyers protection
    • Quality products and timely delivery
    • Balanced agreements and treatment
    • Transparency – sale based on carpet area
    • Safety of money and transparency on utilization
    • Consolidation of the sector (due to mandatory state registration)
    • Increased transparency
    • Increased efficiency
    • Minimum litigation by adopting best practices

     

     

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  • Nuclear Diplomacy and Disarmament

    Amending the Weapons of Mass Destruction Act

    Bills/Act/LawsIOCR | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: WMD Bill

    Mains level: WMD terrorism

    Recently the Weapons of Mass Destruction (WMD) and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022 was passed in the Lok Sabha.

    What is the WMD Bill?

    • The Bill amends the WMD and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 which prohibits the unlawful manufacture, transport, or transfer of WMD (chemical, biological and nuclear weapons) and their means of delivery.
    • It is popularly referred to as the WMD Act.
    • The recent amendment extends the scope of banned activities to include financing of already prohibited activities.
    • The WMD and their Delivery Systems (Prohibition of Unlawful Activities) Act came into being in July 2005.

    What was the purpose of the original WMD Act?

    • Its primary objective was to provide an integrated and overarching legislation on prohibiting unlawful activities in relation to all three types of WMD, their delivery systems and related materials, equipment and technologies.
    • It instituted penalties for contravention of these provisions such as imprisonment for a term not less than five years (extendable for life) as well as fines.
    • The Act was passed to meet an international obligation enforced by the UN Security Council Resolution (UNSCR) 1540 of 2004.

    What is the UNSCR 1540?

    • In April 2004 the UN Security Council adopted resolution 1540 to address the growing threat of non-state actors gaining access to WMD material, equipment or technology to undertake acts of terrorism.
    • In order to address this challenge to international peace and security, UNSCR 1540 established binding obligations on all UN member states under Chapter VII of the UN Charter.
    • Nations were mandated to take and enforce effective measures against proliferation of WMD, their means of delivery and related materials to non-state actors.
    • It was to punish the unlawful and unauthorised manufacture, acquisition, possession, development and transport of WMD became necessary.

    UNSCR 1540 enforced three primary obligations upon nation states —

    1. To not provide any form of support to non-state actors seeking to acquire WMD, related materials, or their means of delivery;
    2. To adopt and enforce laws criminalising the possession and acquisition of such items by non-state actors;
    3. To adopt and enforce domestic controls over relevant materials, in order to prevent their proliferation.

    What has the Amendment added to the existing Act?

    • The Amendment expands the scope to include prohibition of financing of any activity related to WMD and their delivery systems.
    • To prevent such financing, the Central government shall have the power to freeze, seize or attach funds, financial assets, or economic resources of suspected individuals (whether owned, held, or controlled directly or indirectly).
    • It also prohibits persons from making finances or related services available for other persons indulging in such activity.

    Why was this Amendment necessary?

    • India echoes these developments for having made the Amendment necessary.
    • Two specific gaps are being addressed-
    1. As the relevant organisations at the international level, such as the Financial Action Task Force have expanded the scope of targeted financial sanctions and India’s own legislation has been harmonised to align with international benchmarks.
    2. With advancements in technologies, new kinds of threats have emerged that were not sufficiently catered for in the existing legislation.
    • These notably include developments in the field of drones or unauthorised work in biomedical labs that could maliciously be used for terrorist activity.
    • Therefore, the Amendment keeps pace with evolving threats.

    What more should India do?

    • India’s responsible behaviour and actions on non-proliferation are well recognised.
    • It has a strong statutory national export control system and is committed to preventing proliferation of WMD.
    • This includes transit and trans-shipment controls, retransfer control, technology transfer controls, brokering controls and end-use based controls.
    • Every time India takes additional steps to fulfil new obligations, it must showcase its legislative, regulatory and enforcement frameworks to the international community.
    • It is also necessary that India keeps WMD security in international focus.

    Setting up a precedence

    • There is no room for complacency.
    • Even countries which do not have WMD technology have to be sensitised to their role in the control framework to prevent weak links in the global control system.
    • India can offer help to other countries on developing national legislation, institutions and regulatory framework through the IAEA (International Atomic Energy Agency) or on bilateral basis.

    Could the Amendment become troublesome to people on account of mistaken identity?

    • In the discussion on the Bill in Parliament, some members expressed concern on whether the new legislation could make existing business entities or people in the specific sector susceptible to a case of mistaken identity.
    • The External Affairs Minister, however, assured the House that such chances were minimal since identification of concerned individuals/entities would be based on a long list of specifics.

    What is the international significance of these legislation?

    • Preventing acts of terrorism that involve WMD or their delivery systems requires building a network of national and international measures in which all nation states are equally invested.
    • Such actions are necessary to strengthen global enforcement of standards relating to the export of sensitive items and to prohibit even the financing of such activities.

    Way forward

    • Sharing of best practices on legislations and their implementation can enable harmonization of global WMD controls.
    • India initially had reservations on enacting laws mandated by the UNSCR.
    • This is not seen by India as an appropriate body for making such a demand.
    • However, given the danger of WMD terrorism that India faces in view of the difficult neighbourhood that it inhabits, the country supported the Resolution and has fulfilled its requirements.

    Conclusion

    • It is in India’s interest to facilitate highest controls at the international level and adopt them at the domestic level.
    • Having now updated its own legislation, India can demand the same of others, especially from those in its neighbourhood that have a history of proliferation and of supporting terrorist organisations.

     

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  • Nuclear Diplomacy and Disarmament

    What are Weapons of Mass Destruction (WMD)?

    Bills/Act/Laws | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: WMD

    Mains level: Nuclear Non-Proliferation

    The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022 has been unanimously passed in Lok Sabha.

    WMD Bill

    • The Bill seeks to amend The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005.
    • It aims to provide against the financing of proliferation of weapons of mass destruction and their delivery systems in line with India’s international obligations.
    • The 2005 Act prohibited the manufacturing, transport, and transfer of weapons of mass destruction, and their means of delivery.

    Need for the Bill

    • In recent times, regulations relating to proliferation of weapons of mass destruction and their delivery systems by international organisations have expanded.
    • The UNSCs targeted financial sanctions and the recommendations of the Financial Action Task Force have mandated against financing of proliferation of WMD and their their delivery systems.

    Weapons of Mass Destruction

    • The expression “weapon of mass destruction” (WMD) is usually considered to have been used first by the leader of the Church of England, the Archbishop of Canterbury, in 1937.
    • They usually refer to the aerial bombing of civilians in the Basque town of Guernica by German and Italian fascists in support of General Franco during the Spanish Civil War.
    • The expression WMD entered the vocabularies of people and countries around the world in the early 2000s after the US under President George W Bush and the UK under PM Tony Blair justified the invasion of Iraq.
    • They invaded Iraq on the grounds that the government of Saddam Hussain was hiding these weapons in the country. However, no WMDs were ever found.

    What are NBC weapons?

    • While there is no single, authoritative definition of a WMD in international law, the expression is usually understood to cover nuclear, biological, and chemical (NBC) weapons.
    • WMD can be any nuclear, radiological, chemical, biological, or other device that is intended to harm a large number of people.

    India’s 2005 WMD Act defines-

    1. “Biological Weapons” as “microbial or other biological agents, or toxins…of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; and weapons, equipment or delivery systems specially designed to use such agents or toxins for hostile purposes or in armed conflict”; and
    2. “Chemical Weapons” as “toxic chemicals and their precursors” except where used for peaceful, protective, and certain specified military and law enforcement purposes; “munitions and devices specifically designed to cause death or other harm through the toxic properties of those toxic chemicals”; and any equipment specifically designed for use in connection with the employment of these munitions and devices.

    Control over use of WMDs

    • The use of chemical, biological, and nuclear weapons is regulated by a number of international treaties and agreements.
    • Among them are the Geneva Protocol, 1925, that banned the use of chemical and biological weapons; and the Biological Weapons Convention, 1972, and Chemical Weapons Convention, 1992, which put comprehensive bans on the biological and chemical weapons respectively.
    • India has signed and ratified both the 1972 and 1992 treaties.
    • There are very few non-signatory countries to these treaties, even though several countries have been accused of non-compliance.
    • The use and proliferation of nuclear weapons is regulated by treaties such as Nuclear Non-Proliferation Treaty (NPT) and the Comprehensive Test Ban Treaty (CTBT).

    Back2Basics:

    Nuclear Security Contact Group

    • The NSCG was established in 2016.
    • The NSCG or “Contact Group” has been established with the aim of facilitating cooperation and sustaining engagement on nuclear security after the conclusion of the Nuclear Security Summit process.
    • The Contact Group is tasked with:
    1. Convening annually on the margins of the General Conference of the International Atomic Energy Agency (IAEA), and, as may be useful, in connection with other related meetings
    2. Discussing a broad range of nuclear security-related issues, including identifying emerging trends that may require more focused attention

    Nuclear Suppliers Group

    • NSG is a group of nuclear supplier countries that seeks to contribute to the non-proliferation of nuclear weapons through the implementation of guidelines for nuclear exports and nuclear-related exports.
    • The NSG was set up as a response to India’s nuclear tests conducted in 1974.
    • The aim of the NSG is to ensure that nuclear trade for peaceful purposes does not contribute to the proliferation of nuclear weapons.

    Comprehensive Nuclear-Test-Ban Treaty

    • CTBT was negotiated at the Conference on Disarmament in Geneva and adopted by the United Nations General Assembly in 1996.
    • The Treaty intends to ban all nuclear explosions – everywhere, by everyone.
    • It was opened for signature in 1996 and since then 182 countries have signed the Treaty, most recently Ghana has ratified the treaty in 2011.

    Fissile material cut-off treaty

    • FMCT is a proposed international agreement that would prohibit the production of the two main components of nuclear weapons: highly-enriched uranium (HEU) and plutonium.
    • Discussions on this subject have taken place at the UN Conference on Disarmament (CD), a body of 65 member nations established as the sole multilateral negotiating forum on disarmament.
    • The CD operates by consensus and is often stagnant, impeding progress on an FMCT.
    • Those nations that joined the nuclear NPT as non-weapon states are already prohibited from producing or acquiring fissile material for weapons.
    • An FMCT would provide new restrictions for the five recognized nuclear weapon states (NWS—United States, Russia, United Kingdom, France, and China), and for the four nations that are not NPT members (Israel, India, Pakistan, and North Korea).

     

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  • Promoting Science and Technology – Missions,Policies & Schemes

    Indian Antarctic Bill Introduced in Lok Sabha

    Bills/Act/Laws | Science Tech | Mains Paper 3: Awareness in various sc and tech fields

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Antarctic Treaty

    Mains level: Indian Antarctic Bill, 2022

    The government has introduced the ‘Antarctica Bill, 2022’ in the Lok Sabha that envisages regulating visits and activities to Antarctica as well potential disputes that may arise among those present on the continent.

    Indian Antarctic Bill, 2022

    Aims and objectives:

    • To provide for national measures to protect the Antarctic environment and associated ecosystems and to give effect to the Antarctic Treaty
    • To provide a harmonious policy framework for India’s Antarctic activities through a well-established legal mechanism
    • Facilitate activities of the Indian Antarctic programme, including management of Antarctic tourism and sustainable development of fisheries
    • To prohibit Indian expedition to Antarctica or carrying of certain activities in Antarctica without a permit or the written authorisation of another party to the protocol
    • To provide for inspection in India by an officer designated by the Central government as an Inspector and to constitute an inspection team to carry out inspections in Antarctica

    Key feature: Committee on Antarctic governance

    • It will empower the government to establish a committee on Antarctic governance and environmental protection to monitor, implement and ensure compliance with the relevant international laws, emissions standards and rules of protection.
    • The panel is to be headed by the secretary of the Ministry of Earth Sciences, as ex officio chairperson.
    • Among other roles, he has also been the vice-president of the Scientific Committee on Antarctic Research of the International Science Council since 2018.
    • The committee will have ten members from various ministries, departments and organizations of the Union government, plus two experts on the Antarctic environment or other relevant areas.

    About Antarctica Treaty

    • Antarctica has a geographical area of 14 million sq. km and has had no indigenous population (i.e. “Antarcticans” don’t exist).
    • However, a few thousand people reside there, in some 40 research stations spread across the continent, throughout the year.
    • In 1959, 12 countries – Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the USSR, the UK and the US signed the ‘Antarctic Treaty’.
    • Their aim was to prevent the continent from being militarised and to establish it as a centre of peaceful activities.
    • Later, more countries, including India, have become party to the treaty, and today it counts more than 54 members.
    • The treaty requires each party to take appropriate measures within its competence, including the adoption of laws and regulations, administrative actions and enforcement measures, to ensure compliance with the protocol.
    • Countries also signed the ‘Protocol on Environmental Protection’ to the Antarctic Treaty in 1991, which designates Antarctica as a “natural reserve, devoted to peace and science”.

    Need for the Antarctic Legislation

    • The growing presence of Indian scientists in Antarctica and the commitment to Antarctic research and protection prompted the government to adopt domestic legislation consistent with its obligations as a member of the Antarctic Treaty system.
    • These laws will enable India’s courts to deal with disputes or crimes committed in parts of Antarctica, and help build credibility vis-à-vis India’s participation.

    India at the Poles

    • India maintains two research stations on the continent: ‘Maitri’ (commissioned in 1989) at Schirmacher Hills and ‘Bharati’ (2012) at Larsemann Hills.
    • It has also launched 41 scientific expeditions every year thus far.
    • Together with the ‘Himadri’ station in Svalbard, above the Arctic circle, India is among an elite group of countries with multiple research in the polar regions.

     

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  • Armed Forces (Special Powers) Act

    Areas under AFSPA regime reduced: Home Ministry

    Bills/Act/Laws | Security Issues | Mains Paper 3: Various Security Forces, Agencies & Their Mandates

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: AFSPA

    Mains level: Issues over AFSPA disturbed areas

    The Union Home Ministry has considerably reduced the “disturbed areas” under the Armed Forces (Special) Powers Act (AFSPA) in Assam, Manipur and Nagaland.

    AFSPA: A Backgrounder

    • The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
    • It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
    • It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.

    Armed Forces (Special Powers) Act, 1958

    • Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in “disturbed areas.”
    • AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
    • The Act further provides that if “reasonable suspicion exists”, the armed forces can also arrest a person without warrant; enter or search premises without a warrant; and ban the possession of firearms.

    What are the Special Powers?

    The ‘special powers’ which are spelt out under Section 4 provide that:

    (a) Power to use force, including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;

    (b) Power to destroy structures used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;

    (c) Power to arrest without warrant and to use force for the purpose;

    (d) Power to enter and search premises without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.

    What are the Disturbed Areas?

    • A disturbed area is one that is declared by notification under Section 3 of the AFSPA.
    • As per Section 3, it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.

    Who can declare/notify such areas?

    • The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
    • A suitable notification would have to be made in the Official Gazette.

    Presently ‘Disturbed Areas’

    • AFSPA is currently in force in Assam, Nagaland, Manipur, 3 districts of Arunachal Pradesh, and areas falling within the jurisdiction of 8 police stations in Arunachal Pradesh bordering Assam.
    • In Jammu and Kashmir, a separate law Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 has been in force.

    AFSPA: Is it a License to Kill?

    While the operation of the Section has been controversial in itself, it has attracted much criticism when actions have resulted in the death of civilians.

    • Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
    • Protection against prosecution: This power is further bolstered by Section 6 which provides that legal can be instituted against the officer, except with the previous sanction of the Central Government.

    Supreme Court’s Observations over AFSPA

    • These extra-judicial killings became the attention of the Supreme Court in 2016.
    • It clarified that the bar under Section 6 would not grant “total immunity” to the officers against any probe into their alleged excesses.
    • The judgment noted that if any death was unjustified, there is no blanket immunity available to the perpetrator(s) of the offense.
    • The Court further noted that if an offense is committed even by Army personnel, there is no concept of absolute immunity from trial by the criminal court constituted under the CrPC.

    Constitutionality of AFSPA

    • Attempts have been made to examine the constitutionality of the Act on the grounds that it is contravention to the:
    1. Right to Life and Personal Liberty (Article 21) and
    2. Federal structure of the Constitution since law and order is a State subject

    Recommendations to repeal AFSPA

    (1) Justice B.P. Jeevan Reddy Commission

    • The 2004 Committee headed by Justice B.P. Jeevan Reddy, the content of which has never officially been revealed by the Government, recommended that AFSPA be repealed.
    • Additionally, it recommended that appropriate provisions be inserted in the Unlawful Activities Prevention Act, 1967 (UAPA) instead.
    • It also recommended that the UAPA be modified to clearly specify the powers of the armed forces and paramilitary forces and grievance cells should be set up in each district where the armed forces are deployed.

    (2) ARC II

    • The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.
    • It recommended adding a new chapter to be added to the Unlawful Activities Prevention Act, 1967.
    • However, the recommendation was considered first and then rejected.

    Other issues with AFSPA

    (1) Sexual Misconduct by Armed Forces

    • The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012.
    • It observed that- in conflict zones, legal protection for women was neglected.

    (2) Autocracy

    • The reality is that there is no evidence of any action being taken against any officer of the armed forces or paramilitary forces for their excesses.

    Caution given by the Supreme Court

    A July 2016 judgment authored by Justice Madan B. Lokur in Extra Judicial Execution Victim Families Association quoted the “Ten Commandments” issued by the Chief of the Army Staff for operations in disturbed areas:

    1. Definite circumstances: The “power to cause death is relatable to maintenance of public order in a disturbed area and is to be exercised under definite circumstances”.
    2. Declaration preconditions: These preconditions include a declaration by a high-level authority that an area is “disturbed”.
    3. Due warning: The officer concerned decides to use deadly force on the opinion that it is “necessary” to maintain public order. But he has to give “due warning” first.
    4. No arbitrary action: The persons against whom the action was taken by the armed forces should have been “acting in contravention of any law or order for the time being in force in the disturbed area”.
    5. Minimal use of force: The armed forces must use only the “minimal force required for effective action against the person/persons acting in contravention of the prohibitory order.”
    6. Empathy with perpetrators: The court said that: the people you are dealing with are your own countrymen. All your conduct must be dictated by this one significant consideration.
    7. People friendliness: The court underscored how the Commandments insist that “operations must be people-friendly, using minimum force and avoiding collateral damage – restrain must be the key”.
    8. Good intelligence: It added that “good intelligence is the key to success”.
    9. Compassion: It exhorted personnel to “be compassionate, help the people and win their hearts and minds. Employ all resources under your command to improve their living conditions”.
    10. Upholding Dharma (Duty): The judgment ended with the final Commandment to “uphold Dharma and take pride in your country and the Army”.

    Conclusion

    • Despite demands by civil society groups and human rights activities, none of the recommendations have not been implemented to date.

     

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  • Interstate River Water Dispute

    Dam Safety Act can end disputes, says Supreme Court

    Bills/Act/Laws | Governance | Mains Paper 2: Statutory, Regulatory & Various Quasi-Judicial Bodies

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Dam Safety Act

    Mains level: Resolution of Mullaperiyar Dam Row

    The Supreme Court has found in the Dam Safety Act of 2021 a panacea to end the “perennial” legal battle between Tamil Nadu and Kerala over the Mullaperiyar dam.

    What is the Dam Safety Act, 2021?

    • The Act comprehensively postulates for surveillance, inspection, operation and maintenance of dams to prevent disasters.
    • Its key features are as follows:
    1. National Committee on Dam Safety (NCDS): It will be constituted and will be chaired by the chairperson, Central Water Commission. Its’ functions will include formulating policies and regulations regarding dam safety standards and prevention of dam failures, analyzing the causes of major dam failures, and suggesting changes in dam safety practices.
    2. National Dam Safety Authority (NDSA): It will be headed by an officer, not below the rank of an Additional Secretary, to be appointed by the central government. The main task of this authority includes implementing the policies formulated by the NCD, resolving issues between State Dam Safety Organisations (SDSOs), or between an SDSO and any dam owner in that state, specifying regulations for inspection and investigation of dams.
    3. State Dam Safety Organisation (SDSO): Its functions will be to keep perpetual surveillance, inspection, monitoring the operation and maintenance of dams, keeping a database of all dams, and recommending safety measures to owners of dams.
    4. Dam Safety Unit: The owners of the specified dams are required to provide a dam safety unit in each dam. This unit will inspect the dams before and after the monsoon session, and during and after any calamity or sign of distress.
    5. Emergency Action Plan: Dam owners will be required to prepare an emergency action plan, and carry out risk assessment studies for each dam at specified regular intervals.
    6. Certain offences: The act provides for two types of offences – obstructing a person in the discharge of his functions, and refusing to comply with directions issued under the proposed law.

    Why in news?

    • Kerala and Tamil Nadu have been trading charges against each other over the safety, operation and maintenance of the Mullaperiyar dam.
    • While Kerala claims the 126-year-old dam is unsafe, badly maintained and a threat to thousands of people living downstream, Tamil Nadu denies it.
    • Kerala is pitching for a new dam in place of the existing one, while Tamil Nadu, which operates and maintains the reservoir, argues that the dam is well-preserved and so strong that the height water level could even be increased to 152 feet.

    What did the SC say?

    • A few days ago, the Supreme Court was in search of an answer to the “perennial problem” between the two neighbours over the dam.
    • It had mooted the idea of extending the powers of its own supervisory committee to take over charge of the safety and maintenance of the structure and its site.
    • The Bench even wondered whether the supervisory committee should now continue as the 2021 Act has made it redundant.
    • However, Kerala said the Centre was yet to appoint specialists to the NDSA.

     

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  • Police Reforms – SC directives, NPC, other committees reports

    Criminal Procedure (Identification) Bill, 2022

    Bills/Act/Laws | Governance | Mains Paper 2: Laws, Institutions & Bodies Constituted For The Vulnerable Sections

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Criminal Procedure (Identification) Bill, 2022

    Mains level: Criminal Procedure (Identification) Bill, 2022

    The bill that would allow the police and prison authorities to collect, store and analyse physical and biological samples, including retina and iris scans, was introduced in the Lok Sabha.

    Criminal Procedure (Identification) Bill

    • It authorises law enforcement agencies to collect, store and analyse physical and biological samples of convicts and other persons for the purposes of identification and investigation in criminal matters.
    • It seeks to repeal the Identification of Prisoners Act 1920 which provided for the collection of only fingerprints and footprints.
    • The said Act, in its present form, provides access to a limited category of persons whose body measurements can be taken.
    • As per the Bill, any state government OR Union Territory administration may notify an appropriate agency to collect, preserve and share the measurements of a person of interest in their respective jurisdictions.

    Why need such law?

    • The world has undergone technological and scientific changes, crime and its trend have increased.
    • Advanced countries across the globe are relying on new “measurement” techniques for reliable results.
    • It was felt necessary to expand the “ambit of persons” whose measurements can be taken as this will help investigating agencies gather sufficient legally admissible evidence and establish the crime of the accused person.
    • The Bill will not only help our investigation agencies but also increase prosecution.
    • There is also a chance of an increase in conviction rates in courts through this.

    Key features of the Bill

    The Bill seeks to:

    • Define “measurements”: To include finger impressions, palm-print and foot-print impressions, photographs, iris and retina scan, physical, biological samples and their analysis, etc.;
    • Empower the National Crime Records Bureau (NCRB): To collect, store and preserve the record of measurements and for sharing, dissemination, destruction and disposal of records;
    • Empower a Magistrate: To direct any person to give measurements; a Magistrate can also direct law enforcement officials to collect fingerprints, footprint impressions and photographs in the case of a specified category of convicted and non-convicted persons;
    • Empower police or prison officers: To take measurements of any person who resists or refuses to give measurements
    • Authorises police to record signatures, handwriting or other behavioural attributes: Referred to in section 53 or section 53A of the Code of Criminal Procedure, 1973, for the purposes of analysis.

    Notable feature: Maintenance of Record

    • The National Crime Records Bureau (NCRB) will be the repository of physical and biological samples, signature and handwriting data that can be preserved for at least 75 years.
    • The record of these measurements will be retained in digital or electronic form for a period of seventy-five years from the date of collection.
    • The court or Magistrate, for reasons to be recorded in writing, can direct agencies to maintain the records.
    • The records are to be destroyed in the case of any person who has not been previously convicted of an offence punishable under any law with imprisonment for any term.

    Refusal to Comply

    • Resistance to or refusal to allow the taking of measurements under this Act shall be deemed to be an offence under section 186 of the Indian Penal Code (IPC);
    • No suit or any other proceeding shall lie against any person for anything done, or intended to be done in good faith under this Act or any rule made thereunder;
    • Central government or state government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act;
    • Manner of collection, storing, preservation of measurements and sharing, dissemination, destruction and disposal of records under sub-section (1) of section 4;

    Issues with the Bill

    • Un-constitutionality: The proposed law will be debated against Article 20(3) of the Constitution, which is a fundamental right that guarantees the right against self-incrimination.
    • Violation of Article 21: The Bill also seeks to apply these provisions to persons held under any preventive detention law.
    • Legislative competence of Centre: The Bill was beyond the legislative competence of Parliament as it violated fundamental rights of citizens, including the right to privacy.
    • Contentious provisions: The Bill proposes to collect samples even from protesters engaged in political protests.
    • Lack of clarity: Several provisions are not defined in the Bill itself.. For instance, the statement of objects says it provides for collection of measurements for “convicts and other persons” but the expression “other persons” is not defined.
    • Other: While the jurisprudence around the right to be forgotten is still in an early stage in India, the Puttaswamy judgment discusses it as a facet of the fundamental right to privacy.

     

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  • Interstate River Water Dispute

    Dam Safety Bill, 2021 introduced in RS

    Bills/Act/Laws | Governance | Mains Paper 2: Federalism

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Features of the Dam Safety Bill

    Mains level: Dame Safety

    The Dam Safety Bill 2021 was moved in the Rajya Sabha but the debate could not be held because of disruptions from the Opposition parties.

    Dam Safety Bill, 2021

    • The Bill provides for surveillance, inspection, operation and maintenance of dams to prevent disasters, and institutional mechanisms to ensure safety.
    • It applies to over 5,000 dams across the country, many of which are currently in poor conditions.
    • It has been met with significant opposition, particularly from several states that claim the bill oversteps the Centre’s mandate.

    Which dams are covered?

    • All dams in India with a height above 15 metres come under the purview of the bill.
    • Dams between 10 to 15 metres of height are also covered but only if they meet certain other specifications in terms of design and structural conditions.

    National Committee on Dam Safety

    • The Bill provides for the constitution of a National Committee on Dam Safety (NCDS) which is to be chaired by the Central Water Commissioner (CWC).
    • The other members of the NCDS will be nominated by the Centre and will include up to 10 representatives of the Centre, 7 state government representatives, and 3 experts on dam safety.
    • The NCDS is to formulate policies for dam safety and to prevent dam failures.
    • In the event of a dam failure, the NCDS will analyse why the failure occurred, and suggest changes in dam safety practices to ensure there aren’t any repetitions.

    National Dam Safety Authority (NDSA)

    • The bill provides for the formation of a NDSA which will be responsible for implementing the policies of the NCDS, and will resolve issues between State Dam Safety Organisations (or SDSOs) and dam owners.
    • The NDSA will also specify regulations for the inspection of dams and will provide accreditation to the various agencies working on the structure of dams and their alteration.

    State Dam Safety Organisations (SDSOs)

    • The bill will also result in the establishment of SDSOs, and State Committees on Dam Safety (SCDSs).
    • The jurisdiction of the SDSOs will extend to all dams in that specific state.

    Cross jurisdictions

    • The NDSA will, in some cases, possess this jurisdiction, for example, if a dam owned by one state is situated in another or crosses multiple states, or if a dam is owned by a central public sector undertaking.
    • SDSOs will be in charge of scrutinizing dams under their jurisdiction and maintaining a database of the same.
    • The SCDS will review the work of the SDSO, and will also have to assess the impact of dam-related projects on upstream and downstream states.
    • The bill gives the Central government the power to amend the functions of any of the above bodies through a notification, whenever it is deemed necessary to do so.

    How does Bill change the functioning of dams?

    • If the bill is made into a law, then dam owners will have to provide a dam safety unit in each dam.
    • The dam safety unit will be required to inspect the dam before and after the monsoon session, and also during and after natural disasters such as earthquakes and floods.
    • The bill requires dam owners to prepare emergency action plans. Risk-assessment studies will also have to be undertaken by owners, regularly.
    • At specified, regular intervals, and in the event of either a modification to the dam’s structure or a natural event that may impact the structure, dam owners will have to produce a comprehensive safety evaluation by experts.

    Do you know?

    The point of contention are four dams — Mullaperiyar, Parambikulam, Thunakkadavu and Peruvaripallam — located in Kerala but owned, operated and maintained by the Tamil Nadu Government.

    Issues with bill

    • The primary objection to the bill is that is unconstitutional, as water is one of the items on the State List.
    • Tamil Nadu, which currently possesses four dams situated in Kerala, is opposed to the Bill as it would result in the four dams falling under the NDSA.
    • This will be doing away with Tamil Nadu’s rights over the maintenance of the dam.
    • The Bill states that the NCDS will be chaired by the Central Water Commissioner.
    • However the Supreme Court has ruled in the past that such a scenario is prohibited, as it involves the CWC, an advisor, functioning both as a regulator and the head of the NCDS.

     

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  • Civil Aviation Sector – CA Policy 2016, UDAN, Open Skies, etc.

    AERA Bill, 2021

    Bills/Act/Laws | Economics | Mains Paper 3: Effects Of Liberalization On The Economy, Changes In Industrial Policy and their effects on Industrial Growth

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: AERA Act

    In the recent monsoon session, Parliament passed the Airports Economic Regulatory Authority of India (Amendment) Bill, 2021.

    Key features of the AERA Bill, 2021

    • It seeks to amend the Airports Economic Regulatory Authority of India Act, 2008.
    • The 2008 Act established the Airport Economic Regulatory Authority (AERA).
    • AERA regulates tariffs and other charges (such as airport development fees) for aeronautical services rendered at major airports in India.
    • The 2008 Act designates an airport as a major airport if it has an annual passenger traffic of at least 35 lakh.
    • The central government may also designate any airport as a major airport by a notification.
    • The Bill adds that the central government may group airports and notify the group as a major airport.

    Why has the definition of a major airport been amended?

    • The Amendment has changed the definition of a major airport to include “a group of airports” after the words “any other airport”.
    • The government hopes the move will encourage the development of smaller airports and make bidding for airports with less passenger traffic attractive.
    • It plans to club profitable airports with non-profitable ones and offer them as a package for development in public-private partnership mode to expand connectivity.

    Was there a need to amend the AERA Act?

    • The Airports Authority of India (AAI) awarded six airports — Lucknow, Ahmedabad, Jaipur, Mangaluru, Thiruvananthapuram and Guwahati — for operations, management and development in public-private partnership mode in February 2019.
    • In 2020 too, the AAI has approved leasing of another six airports — Bhubaneswar, Varanasi, Amritsar, Raipur, Indore and Tiruchi.
    • The Ministry of Civil Aviation plans to club each of these airports with nearby smaller airports for joint development.
    • The move follows FM’s Budget Speech this year, in which she said the government planned to monetize airports in tier-2 and tier-3 cities.

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  • Parliament – Sessions, Procedures, Motions, Committees etc

    Tribunals Reforms Bill, 2021

    Bills/Act/Laws | Polity | Mains Paper 2: Statutory, Regulatory & Various Quasi-Judicial Bodies

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Tribunals Reforms Bill

    Mains level: Not Much

    The Lok Sabha has hastily passed the Tribunals Reforms Bill, 2021 without any debate.

    Highlights of the Tribunals Reforms Bill, 2021

    The Bill seeks to dissolve certain existing appellate bodies and transfer their functions (such as adjudication of appeals) to other existing judicial bodies:

    Transfer of functions of key appellate bodies as proposed under the Bill:

    Acts

    Appellate Body

    Proposed Entity
    The Cinematograph Act, 1952 Appellate Tribunal High Court
    The Trade Marks Act, 1999 Appellate Board High Court
    The Copyright Act, 1957 Appellate Board Commercial Court or the Commercial Division of a High Court*
    The Customs Act, 1962 Authority for Advance Rulings High Court
    The Patents Act, 1970 Appellate Board High Court
    The Airports Authority of India Act, 1994 Airport Appellate Tribunal
    • Central government, for disputes arising from the disposal of properties left on airport premises by unauthorised occupants.
    • High Court, for appeals against orders of an eviction officer.
    The Control of National Highways (Land and Traffic) Act, 2002 Airport Appellate Tribunal Civil Court#
    The Geographical Indications of Goods (Registration and Protection) Act, 1999 Appellate Board High Court

     

    Amendments to the Finance Act, 2017:

    • The Finance Act, 2017 merged tribunals based on domain.
    • It also empowered the central government to notify rules on: (i) composition of search-cum-selection committees, (ii) qualifications of tribunal members, and (iii) their terms and conditions of service (such as their removal and salaries).
    • The Bill removes these provisions from the Finance Act, 2017.
    • Provisions on the composition of selection committees and term of office have been included in the Bill. Qualification of members and other terms and conditions of service will be notified by the central government.

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