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Type: SC Judgements

  • Wildlife Conservation Efforts

    Reintroduction of African Cheetahs in Indian forests

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Asiatic and African Cheetah

    Mains level: Translocation of Species and its impacts

     

    The Supreme Court lifted its seven-year stay on a proposal to introduce African cheetahs from Namibia into the Indian habitat on an experimental basis. The plan was to revive the Indian cheetah population.

    Asiatic cheetahs in India

    • In 1947, Maharaja Ramanuj Pratap Singh of Deoghar of Koriya, Chhattisgarh — who was infamous for shooting over 1,150 tigers — reportedly killed the last known Asiatic cheetah in India.
    • In that year, a few miles from Ramgarh village in the state, the Maharaja killed three of the animals — brothers — during a night drive.
    • After that, the Maharaja’s kin continued to report the presence of a few stragglers in the forests of Surguja district, including a pregnant female, up until the late 1960s.
    • Some more unconfirmed sightings were reported in 1951 and 1952, from the Orissa-Andhra Pradesh border and Chittoor district.
    • The latter sighting is generally accepted to be the final credible sighting of a cheetah in India. In 1952, the cheetah was officially declared extinct from India.

    African cheetah and Asiatic cheetah

    • Before Namibia, India had approached Iran for Asiatic cheetahs, but had been refused.
    • The Asiatic cheetah is classified as a “critically endangered” species by the IUCN Red List, and is believed to survive only in Iran.
    • From 400 in the 1990s, their numbers are estimated to have plummetted to 50-70 today, because of poaching, hunting of their main prey (gazelles) and encroachment on their habitat.
    • ‘Critically endangered’ means that the species faces an extremely high risk of extinction in the wild.

    Why does NTCA want to reintroduce cheetahs?

    • A section of conservationists has long advocated the reintroduction of the species in the country.
    • Reintroductions of large carnivores have increasingly been recognised as a strategy to conserve threatened species and restore ecosystem functions.
    • The cheetah is the only large carnivore that has been extirpated, mainly by over-hunting in India in historical times.
    • India now has the economic ability to consider restoring its lost natural heritage for ethical as well as ecological reasons.

    Why was the project halted?

    • The court was also worried whether the African cheetahs would find the sanctuary a favourable clime as far as abundance of prey is concerned.
    • Those who challenged the plan argued that the habitat of cheetahs needed to support a genetically viable population.

    What did court say?

    • The Supreme Court made it clear that a proper survey should be done to identify the best possible habitat for the cheetahs.
    • Every effort should be taken to ensure that they adapt to the Indian conditions.
    • The committee would help, advice and monitor the NTCA on these issues. The action of the introduction of the animal would be left to the NTCA’s discretion.
  • J&K – The issues around the state

    Suspension of the Internet: What the Rules say, what the SC underlined

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Relevant sections of the CrPC and the Telegraph Act

    Mains level: Right to internet access and various issues

  • J&K – The issues around the state

    SC order on Internet Shutdowns

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Sec. 144 of CRPC

    Mains level: Internet shutdown as an infringement of FR

    Directing the government to mandatorily publish all orders permitting Internet shutdowns, the Supreme Court has for the first time set the stage for challenging suspension orders before courts.

    What triggered the SC?

    • India tops the list of Internet shutdowns globally. According to Software Freedom Law Center’s tracker, there have been 381 shutdowns since 2012, 106 of which were in 2019.
    • The ongoing shutdown in Kashmir is the longest ever in any democratic country.

    The prime mover for Supreme Court

    • The Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017 issued under the Telegraph Act deals with restricting Internet access.
    • It does not provide for publication or notification of the order suspending Internet, the apex court mandated that such orders must be made available to the public.
    • The court declared that it is a “settled principle of law, and of natural justice” that requires publication of such orders, “particularly one that affects lives, liberty and property of people”.
    • This allows individuals to now challenge the orders before courts in J&K and rest of India.

    Internet suspension orders are subjected to Judicial Review

    • In the wake of protests against the new citizenship law, Internet services were suspended temporarily in parts of Uttar Pradesh, Delhi and Karnataka.
    • There should not be excessive burden on free speech even if complete prohibition is imposed, and the government has to justify imposition of such prohibition and explain why lesser alternatives were inadequate, the bench stated.
    • It ruled that Restrictions are to be imposed in an emergency. Hence they must be proportionate to the concern. Their objective must be legitimate rather than cavalier.
    • Authorities must necessarily consider an alternative and least restrictive mechanism before opting to restrict rights. Every decision to impose restriction should be backed by sufficient material and amenable to judicial review.

    Pacing up with technology

    • The bench also noted that the law needs to keep pace with technological development:
    • We need to note that the law should imbibe the technological development and accordingly mould its rules so as to cater to the needs of society.
    • Non-recognition of technology within the sphere of law is only a disservice to the inevitable.

    Justifying the Kashmir shutdown

    • Lastly, the court mandated that all orders regarding the Kashmir case be made public, and to provide essential services such as e-banking and hospitals immediately.
    • What the centre was arguing in this case was that this is a matter of national security given that it pertains to Kashmir with a history of militancy.