DAILY CURRENT AFFAIRS (DECEMBER 22, 2021)

THE INDIAN POLITY AND GOVERNANCE

1. NAGALAND CREATES THREE NEW DISTRICTS

THE CONTEXT: Nagaland government has created three new districts in the state, taking the total number of districts to 15.

THE EXPLANATION:

  • The Nagaland government established three new districts on Saturday, raising the state’s total number of administrative entities to 15. The new three districts are named- Tseminyu, Nuland, and Chumukedima.
  • Nuland and Chumukedima have been formed out of Dimapur district, while the Tseminyu is the sub-division of the Kohima district which has been promoted to a district. Despite requests for new districts from at least 11 tribes, the Cabinet could only consider three of them because some districts are home to only one tribe and cannot be separated.

How are new districts carved?

The power to create new districts or alter or abolish existing districts rests with the State governments. This can either be done through an executive order or by passing a law in the State Assembly. The many States prefer the executive route by simply issuing a notification in the official gazette.

How does it help?

States argue that smaller districts lead to better administration and governance. For example, in 2016, the Assam government issued a notification to upgrade the Majuli sub-division to Majuli district for “administrative expediency”.bdivision under Kohima district, Nagaland,” read a notification issued by the Nagaland government.

Does the Central government have a role to play here?

The Centre has no role to play in the alteration of districts or the creation of new ones. States are free to decide. The Home Ministry comes into the picture when a State wants to change the name of a district or a railway station. The State government’s request is sent to other departments and agencies such as the Ministry of Earth Sciences, Intelligence Bureau, Department of Posts, Geographical Survey of India Sciences and the Railway Ministry seeking clearance. A no-objection certificate may be issued after examining their replies.

What has been the trend?

According to the 2011 Census, there were 593 districts in the country. The Census results showed that between 2001-2011, as many as 46 districts were created by States. Though the 2021 Census is yet to happen, Know India, a website run by the Government of India, says currently there are 718 districts in the country. The surge in number is also due to the bifurcation of Andhra Pradesh into A.P and Telangana in 2014. Telangana at present has 33 districts and A.P has 13 districts.

THE INTERNATIONAL RELATIONS

2. DECADE-OLD CONFLICT IN SYRIA

THE CONTEXT: Underlining that the humanitarian crisis in Syria has not seen significant improvement in recent months, India has called for a nationwide comprehensive ceasefire, saying doing so will help to expand crossline humanitarian aid operations in the country.

THE EXPLANATION: 

  • At a United Nations Security Council briefing about Syria, India said decade-long conflict and involvement of external players has adversely affected the sovereignty and territorial integrity of Syria.
  • “India has been reiterating since the beginning of the conflict that imposing external solutions cannot help in the resolution of the conflict
  • On its part, India has continued to extend developmental assistance and human resource development support to Syria through grants and lines of credits for developmental projects, supply of medicine and food, artificial limb fitment camps and capacity building training programs.
  • On the security front, India remains concerned with the overall situation in Syria, including the increasing incidents of ceasefire violations in North-West Syria.
  • Also, India pointed out, Since the beginning of the conflict, India has always stood by the Syrian people. Reaffirming India’s commitment to a Syrian-led and Syrian-owned UN-facilitated political process in line with UN Security Council Resolution 2254″.

THE BACKGROUND

Syria is a west Asian Country bordering Lebanon, Turkey, Iraq, Jordan, and Israel. The civil war in Syria is regarded as the most brutal conflict in the world which started off in 2011.

The conflict between Shia Islam and Sunni Islam

The root of this conflict can be traced to sectarian conflicts in the region existing there for centuries. Shia Islam and Sunni Islam are the two major denominations of Islam Religion. With Saudi Arabia regarding itself as the leader of Sunni Muslims and Iran as the protector of Shia Muslims, the West Asian region is divided under these two leaders. Saudi and Iran started playing an important role in the geopolitical conflicts in the region.

What caused the uprising?

While lack of freedoms and economic woes drove resentment of the Syrian government, the harsh crackdown on protesters inflamed public anger.

  • Arab Spring: In 2011, successful uprisings – that became known as the Arab Spring – toppled Tunisia‘s and Egypt‘s presidents. This gave hope to Syrian pro-democracy activists.
  • That March, peaceful protests erupted in Syria as well, after 15 boys were detained and tortured for writing graffiti in support of the Arab Spring. One of the boys, a 13-year-old, was killed after having been brutally tortured.
  • The Syrian government, led by President Bashar al-Assad, responded to the protests by killing hundreds of demonstrators and imprisoning many more.
  • In July 2011, defectors from the military announced the formation of the Free Syrian Army, a rebel group aiming to overthrow the government, and Syria began to slide into war.
  • While the protests in 2011 were mostly non-sectarian, the armed conflict surfaced starker sectarian divisions. Most Syrians are Sunni Muslims, but Syria’s security establishment has long been dominated by members of the Alawi sect, of which Assad is a member.
  • In 1982, Bashar’s father ordered a military crackdown on the Muslim Brotherhood in Hama, killing tens of thousands of people and flattening much of the city.
  • Even global warming is said to have played a role in sparking the 2011 uprising. Severe drought plagued Syria from 2007-10, causing as many as 1.5 million people to migrate from the countryside into cities, exacerbating poverty and social unrest.

Who are Kurds?

  • The Kurds are the world’s largest stateless ethnic group. There are an estimated 25 million to 35 million of them.
  • They live in the highlands of southern and eastern Turkey, northern Iraq, northeastern Syria, northwestern Iran, and parts of south Armenia, and are a minority in each of these countries.
  • Kurdish nationalists claim a history going back 2,500 years, but they became identifiable as a distinct community only in the 7th century, when most tribes in the area adopted Islam.
  • The Treaty of Sèvres (1920), which partitioned the old Ottoman dominions, marked out a much smaller territory as Kurdistan. However, Turkey negotiated with the Allied powers and, in 1923, the Treaty of Lausanne overtook the Treaty of Sèvres and ended the idea of a self-governing Kurdistan.
  • Over the decades, the Kurds made repeated attempts at establishing a Kurdistan with defined national borders (within the territory of Turkey), and in this process, Turkey retaliated with massive repression of Kurds.

Why is Turkey invading Syria?

By invading northern Syria, Turkey seeks to create a peace zone, where it can deport Syrian refugees that fled the country during the Civil war in Syria.

However, experts believe in the name of the creation of a peace zone, Turkey wants to land grab the strategic area.

  • Geopolitical Importance of northern Syria.
  • It holds 30% of Syrian oil & gas.
  • This area harbors fertile agricultural land.
  • Also, the region is drained by water from the river Euphrates.
  • Apart from this, the area is under the control of Kurds, which Turkey recognizes as a threat to its territorial integrity.

  • Idlib is the last stronghold of the rebels and jihadist groups in Syria and has witnessed eight years of bloody fighting with the Syrian government. The province of northwestern Syria has now become the epicenter of gross human rights violations, regular air bombardments and a space where profound superpower rivalries play out.
  • Idlib’s importance can be corroborated by two factors. One, that it essentially determines the faith and future of the Syrian civil war. Second, that it is currently the biggest contention point between Syria and its neighbour Turkey. Syria-Turkey relations are very important for the geopolitical stability of the region.

The Way ahead:

The outside powers that are involved in Syria’s civil war through proxy means need to reconsider their decision. Their role in converting a peaceful democratic movement into full-fledged war should be condemned. They should stop financing the extremist groups to avoid further conflicts in the region.

Considering the large-scale devastation which happened in Syria, rebuilding its human and social capital will be an insurmountable task for the govt. Therefore, the international community should come forward with a helping hand to bring the war-torn nation into normalcy. India can also play a constructive humanitarian role to establish peace and stability in the region.

THE SCIENCE AND TECHNOLOGY

3. PROHIBITION ON USE OF TB ANTIBIOTICS ON CROPS

THE CONTEXT: The Union Ministry of Agriculture and Farmers Welfare notified the draft order on ‘Prohibition of Streptomycin + Tetracycline in agriculture’, which prohibits import, manufacture or formulation of Streptomycin and Tetracycline for use in agriculture from February 1, 2022.

THE EXPLANATION:

  • The draft order comes growing concerns over antimicrobial resistance observed in various crops, particularly to streptomycin, which is used in the treatment of tuberculosis (TB). Tetracycline antibiotics find application in the treatment of bacterial infections.
  • Streptomycin is a critically important antimicrobial while tetracycline belongs to the class of highly important antimicrobials, according to the World Health Organization.
  • The order ensures a complete ban on the use of the two antibiotics in agriculture from January 1, 2024, onwards. It directed every state government to take all such steps necessary for executing the order in their state.
  • The draft order is the fallout of the deliberations within the Central Insecticides Board and Registration Committee (CIBRC), where the registration committee (RC) in August 2021 had approved the recommendation for phasing out the use of streptomycin and tetracycline amid growing concerns over antimicrobial resistance (AMR).

Empirical data

  • Delhi-based non-profit Centre for Science and Environment (CSE) in 2019 highlighted the practices of antibiotic misuse in the crop sector in India. It showed how streptomycin (90:10 combinations of streptomycin and tetracycline) was being misused along the banks of the Yamuna in national capital Delhi, Hisar (Haryana) and Fazilka (Punjab).
  • It found that farmers there routinely and indiscriminately used high doses of streptomycin on crops, including on the ones for which they had not received any approval.
  • CSE had recommended these antibiotics should not be used as pesticides, and that they are used under expert supervision only after a bacterial disease has been diagnosed in a crop. It said so underlining the importance of streptomycin use in humans for “previously treated tuberculosis” and for treating multidrug-resistant TB and certain cases of TB meningitis.
  • It added that all other antibiotics should be phased out. Since then CSE has been continuously advocating about the issue on various platforms.

What is antimicrobial resistance?

  • Antimicrobial Resistance (AMR) occurs when bacteria, viruses, fungi and parasites change over time and no longer respond to medicines making infections harder to treat and increasing the risk of disease spread, severe illness and death.
  • As a result of drug resistance, antibiotics and other antimicrobial medicines become ineffective and infections become increasingly difficult or impossible to treat.

For example:

Colistin is the only last resort treatment for life-threatening infections caused by carbapenem-resistant Enterobacteriaceae (i.e. E.coli, Klebsiella, etc). Bacteria resistant to colistin have also been detected in several countries and regions, causing infections for which there is no effective antibiotic treatment at present.

KEY FACTS

  • Antimicrobial resistance (AMR) is a global health and development threat. It requires urgent multisectoral action to achieve the Sustainable Development Goals (SDGs).
  • WHO has declared that AMR is one of the top 10 global public health threats facing humanity.
  • Misuse and overuse of antimicrobials are the main drivers in the development of drug-resistant pathogens.
  • Lack of clean water and sanitation and inadequate infection prevention and control promotes the spread of microbes, some of which can be resistant to antimicrobial treatment.
  • Without effective antimicrobials, the success of modern medicine in treating infections, including during major surgery and cancer chemotherapy, would be at increased risk.

THE ENVIRONMENT AND ECOLOGY

4. A RARE TURTLE SPECIES FOUND IN SIRNAPALLY FOREST IN TELANGANA

THE CONTEXT: Forest officials from Sirnapalli forest in Telangana spotted a rare Albino flap shell species, researchers later suggested they were traced only twice before in 2020 — once in Odisha and then in West Bengal,

THE EXPLANATION:

About Indian Flapshell turtle 

  • It is a freshwater species of turtle found in South Asia.
  • The “flap-shelled” name stems from the presence of femoral flaps located on the plastron. These flaps of skin cover the limbs when they retract into the shell. It is unclear what protection the flaps offer against predators.
  • It is morphologically an evolutionary link between the softshell and hardshell aquatic turtles.
  • Habitat: The Indian flap shell turtle is found in Pakistan, India (common in lakes and rivers), Sri Lanka, Nepal, Bangladesh (Indus and Gange’s drainages), and Myanmar (Irrawaddy and Salween Rivers). It has been introduced to the Andaman and Nicobar Islands. It is also found in the desert ponds of Rajasthan, where hundreds are killed every year during the dry summers.
  • In 2020 a farmer found a yellow flap shell turtle, believed to be an albino version of the species.

Threat: Exploitation on for-profit and habitat change are threats to their survival.

  • Conservation status:
  • Appendix- I of CITES
  • IUCN – Vulnerable

Add to your Knowledge:

SC: Possession of ‘Indian Flap Shell Turtle’ not an offense under the Wildlife Protection Act

SC said that the Turtle which has been seized is not that which is included in Part II of Schedule I. It stated that the Veterinary Surgeon has identified the Turtle as ‘Indian Flap Shell (Lissemy’s Punctata)’ whereas the Turtle which is included in Part II of Schedule I of the Act, 1972 is “Indian Soft-shelled Turtle (Lissemys punctate).”

THE GOVERNMENT SCHEMES/INITIATIVES IN NEWS

5. THE PROBLEMS WITHIN THE UDAN SCHEME

THE CONTEXT: Prime Minister launched the UDAN scheme nearly five years back with the aim to take flying to the masses. While over 400 routes have been launched by airlines, some of them have been discontinued.

THE EXPLANATION: 

  • The MoS stated that this was because of the failure to set up airports due to lack of availability of land, airlines finding the routes difficult to sustain, and the adverse impact of the COVID-19 pandemic.
  • The poor financial health of much smaller, regional carriers has been a bane for the scheme.

What is UDAN Scheme:

  • The scheme is aimed at enhancing connectivity to remote and regional areas of the country and making air travel affordable.
  • It is a key component of the Centre’s National Civil Aviation Policy in 2016.
  • Under the scheme, nearly half of the seats in Udan flights are offered at subsidized fares, and the participating carriers are provided a certain amount of viability gap funding (VGF) – an amount shared between the Centre and the concerned states.
  • The scheme will be jointly funded by the central government and state governments.
  • The scheme will run for 10 years and can be extended thereafter

What is the status of the scheme?

  • A total of nine rounds of bidding have taken place since January 2017. The Ministry of Civil Aviation has set a target of operationalizing as many as 100 unserved and underserved airports and starting at least 1,000 RCS routes by 2024.
  • So far, the Airports Authority of India (AAI) has awarded 948 routes under UDAN, of which 403 routes have taken off that connect 65 airports, which include eight heliports. Out of the total 28 seaplane routes connecting 14 water aerodromes, only two have commenced.
  • While the Ministry of Civil Aviation undertook interesting initiatives within the scheme to provide improved connectivity to hilly regions and islands through helicopters and seaplanes, as well as linking Assam with certain international destinations in South Asia and Southeast Asia, these mostly remain on paper.

What have been the challenges?

  • The poor financial health of much smaller, regional carriers has been a bane for the scheme. Financial crunch for maintenance.
  • According to Government, they also have problems with the availability of pilots and are forced to hire foreign pilots which costs them a lot of money and makes the business unviable. So far, only those routes that have been bagged by bigger domestic players such as IndiGo and SpiceJet have seen a better success rate”.
  • Similarly, the only seaplane flight launched remains suspended. SpiceJet’s seaplane flight from Statue of Unity in Kevadiya to Sabarmati Riverfront in Ahmedabad was launched in October 2020, by the Prime Minister and saw a few flights till April but has since been suspended “due to rise in COVID cases, travel restrictions and keeping passenger safety in mind”.

What lies ahead for the scheme?

The Government offers subsidies for a route for a period of three years and expects the airline to develop the route during this time so that it becomes self-sufficient.

THE PRELIM PRACTICE QUESTION

1. Consider the following statements about World Press Freedom Index:

  1. It is published annually by Reporters Without Borders.
  2. In 2021, India was ranked 142nd out of 180 countries.

 Which of the statements given above is/are correct?

a) 1 only

b) 2 only

c) Both 1 and 2

d) Neither 1 nor 2




DAILY CURRENT AFFAIRS (DECEMBER 21, 2021)

THE INDIAN POLITY AND GOVERNANCE

1. JAMMU & KASHMIR: DELIMITATION DRAFT

THE CONTEXT: The number of Assembly constituencies in Jammu will increase by six and in Kashmir by one, according to the draft paper of the Delimitation Commission.  For the first time, the commission proposed reserving nine seats for Scheduled Tribes on the basis of population. Seven seats are proposed for the Scheduled Caste community. An additional 24 seats are proposed to be reserved for Pakistan-occupied Kashmir.

THE EXPLANATION:

  • The Delimitation Commission chaired by Justice (Retd.) Ranjana Prakash Desai, with the proposed addition, the total Assembly constituencies in Jammu and Kashmir have risen to 90 — in Jammu, the number of seats has gone up to 43 from 37, and in Kashmir, by one seat to 47. An additional 24 seats are proposed to be reserved for Pakistan-occupied Kashmir (PoK).

  • Of the seven additional Assembly constituencies in the Union Territory, one each has been proposed in the districts of Kathua, Samba, Rajouri, Reasi, Doda and Kishtwar in the Jammu division, and Kupwara in the Kashmir valley. In a statement, the Commission said it has proposed carving out an additional constituency in some districts to balance the representation for geographical areas with inadequate communication and lack of public conveniences given their excessive remoteness or inhospitable conditions on the international border.

What is Delimitation?

  • Delimitation is the act of redrawing boundaries of Lok Sabha and Assembly constituencies to represent changes in population and is done on the basis of the preceding Census.
  • This exercise is carried out by a Delimitation Commission, whose orders have the force of law and can not be questioned before any court.

Aim: The key aim is to have equal representation to equal segments of the population in order to ensure a fair division of geographical areas so that all political parties or candidates contesting elections have a level playing field in terms of the number of voters.

Constitutional provisions:

  • Article 82: This provides the Parliament with the authority to enact a Delimitation Act after every Census.
  • Article 170: This provides for the States to get divided into territorial constituencies as per the Delimitation Act after every Census.
  • The Union government sets up a Delimitation Commission once the Act is in force.
  • Objective: To provide equal representation for equal population segments and a fair division of geographical areas so that no political party has an advantage

Delimitation Commission

  • It is appointed by the President of India and works in collaboration with the Election Commission of India.
  • Its members are a serving or retired Supreme Court judge, Chief Election Commissioner or an Election Commissioner nominated by CEC and Election Commissioners of the respective state.
  • Its function is to determine the number and boundaries of constituencies, to identify seats reserved for SC/ST.
  • It is a high-power body whose orders have the force of law and cannot be called in question before any court.
  • Delimitation Commissions have been set up four times — 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002.

THE INTERNATIONAL RELATIONS

2. PANEX­ 21

THE CONTEXT: Recently, PANEX-21was held in Pune for Humanitarian Assistance and Disaster Relief Exercise is to be held among the BIMSTEC countries: Bhutan, Bangladesh, Nepal, Myanmar, Sri Lanka, India and Thailand. The main aim of the exercise is to build regional cooperation in responding to natural disasters.

About PANEX-21:

  • It is a multinational disaster relief exercise.
  • The exercise is to be held among the BIMSTEC countries: Bhutan, Bangladesh, Nepal, Myanmar, Sri Lanka, India and Thailand.
  • The main aim of the exercise is to build regional cooperation in responding to natural disasters.

How will the exercise be conducted?

  • The participants of the exercise will be divided into eight syndicates. One syndicate from the participating countries and two from India.
  • It will analyse the capabilities of member states in responding to a natural disaster. The countries will share their best practices.
  • The exercise will review the procedures of preparedness and response. It will then recommend the evolution of organized structure.
  • During the exercise, the countries will discuss military–to–military cooperation protocol.

Why is the exercise important?

  • Recently, the cyclones in the Bay of Bengal are becoming more disastrous. This is mainly due to climate change. The increase in surface sea temperature is making cyclones more powerful. The increase in sea–surface temperature increases the wind speeds of the cyclones. The devastation caused by Cyclone Amphan was 13 billion USD.
  • The unplanned development in Ecological Sensitive Zones fails to address the risks posed by the increasing intense cyclones.
  • For these reasons, it is essential to remain prepared. Therefore, there is a need for international cooperation among the coastal countries.

Why is BIMSTEC important for India?

As the region’s largest economy, India has a lot at stake.

  • BIMSTEC connects not only South and Southeast Asia, but also the ecologies of the Great Himalayas and the Bay of Bengal.
  • For India, it is a natural platform to fulfill our key foreign policy priorities of ‘Neighborhood First’ and ‘Act East.
  • For New Delhi, one key reason for engagement is the vast potential that is unlocked with stronger connectivity. Almost 300 million people, or roughly one-quarter of India’s population, live in the four coastal states adjacent to the Bay of Bengal (Andhra Pradesh, Orissa, Tamil Nadu, and West Bengal).
  • From the strategic perspective, the Bay of Bengal, a funnel to the Malacca straits, has emerged as a key theatre for an increasingly assertive China in maintaining its access route to the Indian Ocean.
  • As China mounts assertive activities in the Bay of Bengal region, with increased submarine movement and ship visits in the Indian Ocean, it is in India’s interest to consolidate its internal engagement among the BIMSTEC countries.

THE ENVIRONMENT AND ECOLOGY

3. THE ADVERSE EFFECTS OF AIR POLLUTION

THE CONTEXT: According to the new report, India recorded 867,000 deaths in 2017 due to exposure to fine particulate matter (PM2.5) — the second highest in the world.

THE EXPLANATION:

  • The study Global Burden of Disease from Major Air Pollution Sources: A Global Approach by Health Effects Institute (HEI), an independent, non-profit research institute was published December 15, 2021. It analysed data on air pollution and mortality from 1970-2017.
  • China topped the list with 1,387,000 deaths. Indonesia came third, recording 94,000 deaths, followed by Egypt 88,000, Pakistan 86,000, Russian Federation 68,000, Bangladesh 64,000, Nigeria 51,000 and the United States 47.
  • In India, the top four of the 200 areas with the highest PM2.5 concentrations — Singrauli, Kanpur, Sitapur and Ahmedabad — all experienced increase in population-weighted mean (PWM) for PM2.5 mass between 1970 and 2017 (the study period). The PWM for these places was 14-16 times the annual average advocated in World Health Organization guidelines.

Major Pollutants:

  • Fossil fuels are a major source of PM2.5 emissions that are trapped in the atmosphere due to various atmospheric factors, past studies have established.
  • Of the fossil fuels, coal contributed the most to global deaths associated with particulate matter emissions, the study found. “In India, coal accounted for 16 percent deaths linked to air pollution in 2015 and 17.1 percent in 2017.”  
  • Globally, the number of deaths associated with outdoor PM2.5 exposure was 2.07 million in 2017 and increased marginally to 09 million in 2019, the HEI study found.
  • The burning of fossil fuels contributed to nearly 1.05 million deaths in 2017 worldwide, 800,000 of which were in South Asia or East Asia (32.5 percent of air pollution-related deaths in those regions), according to a new study.
  • Coal combustion alone was responsible for half of those deaths, while natural gas and oil combustion were responsible for the other half, the study found.
  • Other dominant global sources included residential, industrial and energy sectors, according to the report.
  • Regions with large anthropogenic contributions generally had the highest attributable deaths, the findings showed.
  • Complete elimination of coal in China and India could reduce the global PM2.5 disease burden by nearly 20 percent, the study suggested.

Value Addition:

What is PM 2.5 and PM 10?

  • PM is also called Particulate Matter or particle pollution, which is a mixture of solid particles and liquid droplets present in the atmosphere. The particles present in the air are so minute that you cannot even view them through naked eyes. Some particles are so small that they can only be detected by using an electron microscope. Particle pollution consists of PM2.5 and PM10 which are very dangerous.
  • 5 refers to the atmospheric particulate matter that has a diameter of fewer than 2.5 micrometers, which is about 3% of the diameter of human hair.

Sources of Particulate Matter

  • Particulate Matter is of different sizes, and it can be due to both human and natural sources. Sources can be primary and secondary.
  • The primary source includes automobile emissions, dust and cooking smoke. The secondary source of pollution can be due to complex reactions of chemicals like Sulphur dioxide and nitrogen oxide.
  • These particles are mixed in the air and pollute it. Apart from these, forest fires, wood-burning stoves, agricultural burning, the smoke of the industry, dust occurring from various construction sites also causes air pollution etc.

What are the health effects of PM2.5 and PM10?

  • Problem in breathing
  • Irritation in eyes, nose, and throat
  • Tightness of the chest
  • Lungs do not work properly
  • Severe Respiratory diseases
  • Irregular heartbeat etc.

Government Measurements:

  • Introduction of cleaner gaseous fuels like CNG, LPG etc and ethanol blending.
  • Banning of the burning of biomass.
  • Promotion of public transport network.
  • Pollution Under Control Certificate.
  • Issuance of directions under Air (Prevention and Control of Pollution) Act, 1981.
  • Installation of online continuous (24×7) monitoring devices by 17 highly polluting industrial sectors.
  • Regulating the bursting of pollution-emitting crackers.
  • Notification of graded response action plan for Delhi identifying source-wise actions for various levels of air pollution, etc.
  • Leapfrogging from BS-IV to BS-VI standards for vehicles by 1st April 2020.

4. THE EXPANSION OF THE THAR DESERT

THE CONTEXT: The study was undertaken as part of an assessment of the environmentally sensitive areas within the framework of the UN Convention to Combat Desertification (UNCCD). The scientists associated with the project studied the climate and vegetation in Thar, which is the world’s ninth-largest hot subtropical desert, to understand the desertification process.

THE EXPLANATION:

  • With these findings, a study on desertification of the Thar region conducted by the Central University of Rajasthan has predicted that the sandstorms from the desert will travel as far as the National Capital Region (NCR) in the years to come. The sandstorms will become intense with the erosion of the Aravali hills, which act as a ‘natural green wall’ between the desert and the plains.
  • Along with the gradual destruction of the Aravali ranges, the mighty Thar desert in western Rajasthan is expanding fast because of the migration of people, changes in the rainfall pattern, spread of sand dunes and unscientific plantation drives. The degradation of land is posing a threat to the desert ecology, while climate change has contributed to the spread of arid regions.

LOSS OF ARAVALI’S

  • According to the scientists, the loss of Aravali hills because of unchecked mining activities would result in sandstorms traveling to NCR and Delhi. “The suspended particles from the arid region are contributing to air pollution in NCR. The sandstorms will hit this area because of the desert expanding in the eastern direction”.

  • The study, which focused on Barmer, Jaisalmer, Bikaner and Jodhpur districts covering more than 50% of Thar desert, found that Jodhpur, situated near the Aravali hills, had witnessed a slow speed of desertification. It also found that the vegetation cover and water bodies had increased in the area in the last 46 years and the complex sand region had decreased by 4.98%.
  • According to CAZRI,(Central Arid Zone Research Institute), the biggest reason contributing to desertification turned out to be water erosion. Our report suggested that 64.69% of the mapped area is facing wind erosion. For instance, 10% of land degradation in districts like Barmer, Jaisalmer and Jodhpur is due to water erosion.

About the Thar Desert:

The Thar Desert is about 4.56% of the total geographic area of India. More than 60% of the desert lies in the Indian state of Rajasthan; the portion in India also extends into Gujarat, Punjab, and Haryana.

UN Convention to Combat Desertification (UNCCD):

  • Established in 1994, the UNCCD is the only legally binding international agreement linking environment and development issues to the land agenda.
  • Focus area:It addresses specifically the arid, semi-arid and dry sub-humid areas, known as the drylands, where some of the most vulnerable ecosystems and peoples can be found.
  • 2006 was declared “International Year of Deserts and Desertification”.
  • Its secretariat has been located in Bonn, Germany.

COP14

  • The 14th edition of the Conference of Parties (COP-14) to the UN Convention to Combat Desertification (UNCCD) 2019. Held in Greater Noida, this was the first time that India hosted an edition of the UNCCD COP.
  • The theme of the Conference was ‘Restore land, Sustain future’.
  • India is the global host for COP 14 has taken over the COP Presidency from China for the next two years till 2021.
  • India is among the select few countries to have hosted the COP of all three Rio conventions on climate change, biodiversity and land.

OUTCOMES:

Delhi Declaration: Commitment for a range of issues, including gender and health, ecosystem restoration, taking action on climate change, private sector engagement, Peace Forest Initiative and recovery of five million hectares of degraded land in India.

The country parties have agreed to make the Sustainable Development Goal target of achieving land degradation neutrality by 2030, a national target for action.

Peace Forest Initiative: It is an initiative of South Korea to use ecological restoration as a peace-building process. It aims at addressing the issue of land degradation in conflict-torn border areas and would go a long way in alleviating tensions and building trust between communities living there and between enemy countries in particular.

The Bonn Challenge is a global effort to bring 150 million hectares of the world’s deforested and degraded land under restoration by 2020, and 350 million hectares by 2030.

5. EXCESS RAIN AFFECTS BIRD MIGRATION TO KARNATAKA

THE CONTEXT: Heavy rains across Karnataka during October and November 2021 have affected the winter migration of birds that otherwise used to flock in large numbers and roost in the water bodies of the State before flying out again during the onset of summer.

THE EXPLANATION:

  • According to ornithologists, they are witnessing a dispersal of bird population and the groups have scattered to different places in search of a more suitable habitat mainly marshy lands. Hence the bird count is low in the lakes that are full to the brim during this season”.

  • The bar-headed Geese, which flies across the Himalayas from southern China and Mongolia, are yet to be sighted in large numbers either in Hadinaru near Nanjangud or Sira in Tumakuru.
  • These birds tend to have a stopover in the wetlands around Vijayapura and the backwaters of Ghataprabha before heading towards the southern parts of Karnataka. Teals, pin-tailed ducks, Gargini, Coot, Sandpipers, common pochards are a few other species that roost in the State during winter.
  • A majority of the winter migratory birds are waders and prefer the shallow and stagnant waters of a lake with hydrophytes or vegetation that draw insects and facilitate larvae formation.
  • A stagnant and shallow pool provides a rich source of food for wading birds. But heavy rains and continuous inflow of water into lakes do not allow for their formation and this will benefit only the fish-eating birds, according to the bird watchers.
  • Another scenario common across the State was the so-called lake development projects and use of excavators during desilting exercises which were forcing the birds to abandon such habitats.

6. INDIAN DESERT CAT SPOTTED IN PANNA TIGER RESERVE

THE CONTEXT: An Indian desert cat has been spotted for the first time in Madhya Pradesh’s Panna Tiger Reserve (PTR).

THE EXPLANATION:

  • As the name suggests, this cat is found in deserts and can survive without water. The toes of the species have cushion-like hair which helps them balance the fluctuating desert temperatures.
  • According to forest officials, the presence of this wild cat was not reported in the PTR’s records earlier.

About Indian Desert Cat

  • It is a species of wild cat found in ‘Western India’. It is commonly seen in Rajasthan, Gujarat, Maharashtra and Madhya Pradesh. It lives in desert-shrub areas. It is also known as ‘Asian wild cat’.
  • Their ears are large so that they can hear even low sounds. Their toes have hair-like cushions that allow it to adapt to the temperature fluctuations of the desert. This species can survive even without water.
  • Their color is such that they can easily hide in the desert sand. They rest during the day and hunt small animals and birds during the night.

Threats and Conservation:

  • Habitat destruction, breeding with domestic cats and poaching are major threats.
  • This is protected under Schedule-I of the Indian Wildlife Protection Act, 1972 and included in the category of ‘Least Concern’ in the Red List of IUCN.

About Panna Tiger Reserve

  • The Panna ‘National Park’ was initially set up in It only received the status of a tiger reserve in the early 1990s under “Project Tiger.”
  • Once it had been converted into a tiger reserve, the population of tigers started to bloom.
  • Panna Tiger Reserve spans 576 kilometers in the Panna and Chhatarpur districts of Madhya Pradesh.
  • The Ministry of Environment, Forest and Climate Change (MoEFCC) declared Panna Tiger Reserve as a Biosphere Reserve in 2011.
  • The thick deciduous forest of the Panna National Reserve is the natural habitat of sloth, Indian wolf, Bear Pangolin, Leopard, Gharial, Indian fox and a lot more. While visiting the park, tourists also get to witness stone carvings that date back to the Neolithic era.
  • A report by the All-India Tiger Estimation made Madhya Pradesh the state with the highest number of tigers.
  • The state had a total of 526 big cats according to the 2018 census. After Madhya Pradesh, Karnataka and Uttarakhand have the highest number of tigers.

UNESCO on Panna Biosphere Reserve

  • UNESCO’s recognition mentioned Panna Tiger Reserve as a critical tiger habitat.
  • It stated that the area has undergone substantial ecosystem restoration in the buffer zone.
  • With only three urban centers and over 300 villages, agriculture is the main source of income here, together with horticulture, forestry and cultural and eco-tourism.

THE PRELIM PRACTICE QUESTION

Q1. Consider the following statements about OIC:

  1. It was established in September 1969.
  2. Its headquarter is in Riyadh, Saudi Arabia.
  3. India is not a member of OIC.

Which of the above statements is/are correct?

            a) 1 only

b) 2 and 3 only

c) 1 and 3 only

d) All of them

FOR 19TH DECEMBER 2021 PRELIMS PRACTICE QUESTIONS

Answer: A)

Explanation:

  • Please refer to the given map




Today’s Important Articles for Sociology (22-12-2021)

  1. Measures of social security for a wife READ MORE
  2. Why raising marriage age of women won’t achieve its stated goal READ MORE
  3. Enforcing equality barely gives hope READ MORE



Today’s Important Articles for Pub Ad (22-12-2021)

  1. Thinking before linking: Despite progressive aspects, linking electoral rolls with Aadhaar raises apprehensions READ MORE
  2. Electoral reforms: Linking of Aadhaar with poll rolls faces challenges READ MORE
  3. Electoral bonds have been a mixed bag READ MORE



Today’s Important Articles for Geography (22-12-2021)

  1. Ken-Betwa project can ravage Bundelkhand READ MORE
  2. India must step up efforts to reduce deforestation READ MORE
  3. A people-centric agenda for clean air READ MORE
  4.  Labour losses due to rising heat: India among the most affected, finds study READ MORE



Ethics Through Current Developments (22-12-2021)

  1. Global human solidarity is the only way forward READ MORE
  2. Increase your concentration READ MORE




WSDP Bulletin (22-12-2021)

(Newspapers, PIB and other important sources)

Prelim and Main

  1. SVAMITVA Scheme READ MORE
  2. The problems within the UDAN scheme READ MORE
  3. A chance encounter with rare species READ MORE
  4. Union agriculture ministry prohibits the use of TB antibiotics on crops READ MORE
  5. Parliament passes Bill to link electoral rolls with Aadhaar READ MORE
  6. Nagaland Creates Three New Districts – Tseminyu, Niuland, And Chumukedima READ MORE

Main Exam  

GS Paper- 1

  1. Ken-Betwa project can ravage Bundelkhand READ MORE
  2. India must step up efforts to reduce deforestation READ MORE
  3. Measures of social security for a wife READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

  1. Thinking before linking: Despite progressive aspects, linking electoral rolls with Aadhaar raises apprehensions READ MORE
  2. Electoral reforms: Linking of Aadhaar with poll rolls faces challenges READ MORE
  3. Electoral bonds have been a mixed bag READ MORE

SOCIAL ISSUES AND SOCIAL JUSTICE

  1. Why raising marriage age of women won’t achieve its stated goal READ MORE
  2. Enforcing equality barely gives hope READ MORE

INTERNATIONAL ISSUES

  1. India is keeping an eye on Central Asia READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

  1. Energy: The Risks of Success- Costs are going up for rival sources of energy and renewables retain their price advantage READ MORE
  2. The limits of unicorns: Start-ups cannot be a growth engine for the Indian economy READ MORE

ENVIRONMENT AND ECOLOGY

  1. A people-centric agenda for clean air READ MORE
  2.  Labour losses due to rising heat: India among the most affected, finds study READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

  1. Global human solidarity is the only way forward READ MORE
  2. Increase your concentration READ MORE

Questions for the MAIN exam

  1. ‘Forest conservation needs to be prioritized above short term economic gains from diamond mines, development projects and tiger safaris’. Comment.
  2. Give an account of the current status and the targets to be achieved pertaining to renewable energy sources in the country. Discuss in brief the importance of the National Hydrogen Energy Mission.

QUOTATIONS AND CAPTIONS

  • May your choices reflect your hopes, not your fears.
  • There are indeed complaints that some electors may be registered in more than one constituency and that non-citizens have been enrolled, but these can be addressed by other identification processes.
  • Immunity is a spectrum ranging from protection from severe disease and death to preventing even the mildest disease, to preventing infection itself.
  • The Republic Day invitation to leaders of five republics from the Middle-East region is a recognition of its new geopolitical significance, signalling a change in Delhi’s stance.
  • India needs to work on an intricate network of relationships with the regional states while remaining mindful of the “big picture”.
  • Jaishankar’s call for coordination between Russia, India and China over Afghan issues is a call to energise the RIC format. India’s regional strategies must be anchored on a non-aligned, independent foreign policy.
  • Women’s empowerment, given as the rationale behind the move, requires removing structural inequalities, not just a waving of the legislative wand.
  • To truly empower them while respecting their reproductive rights, the government must invest far more in addressing issues of equity.
  • Emerging powers such as India are important pillars of multilateralism and have tried to influence and reform the institutions and rules of the game towards more equity and public good decisions.
  • Liberty does include the freedom to perform as much good karma as one can.
  • Electoral bonds can be considered an improvement over the previous system as it has helped formalise that part of the election funding hitherto made through cash. But the absence of a provision to disclose donor details flies in the face of complete transparency.
  • Start-ups’ great year is worth celebrating. But India must look for its growth engine elsewhere.

50-WORD TALK

  • The project is based on the premise that Ken, the smaller of the two rivers, has surplus water that can be transferred to the bigger Betwa river. But the hydrological data that is claimed to support that premise is not in the public domain and has never been put to scrutiny by any independent, credible agency. Ground realities and available facts show that the hydrological basis of the project is a secret exercise in manipulation.
  • In attending the meeting of PMO, the CEC and his colleagues have contravened the legislative intent and endangered the constitutionally ordained independent status of the EC. It is the bounden duty of the Chief Election Commissioner and other Election Commissioners to restore the independence of the Election Commission so badly compromised by their own actions.

Things to Remember:

  • For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
  • Whenever any international place will be in news, you should do map work (marking those areas in maps and also exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
  • For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
  • For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
  • Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.



Day-109 | Daily MCQs | UPSC Prelims | CURRENT DEVELOPMENT

[WpProQuiz 119]




ACCESS TO JUSTICE UNDER LEGAL SERVICES AUTHORITY ACT- PROBLEMS AND PROSPECTS

CONTEXT: Despite more than three decades after the Legal Services Authority Act 1987(LSA) came to effect, access to justice for millions of poor still remains a distant dream. This has been aptly described by Justice D Y Chandrachud in a recently concluded outreach and awareness program organised by National Legal Services Authority (NALSA). In this background, this write-up analyses the mandate of LSA, the problems in access to justice, and the way forward.

WHAT IS ACCESS TO JUSTICE MEAN?

Access to justice is more than improving an individual’s access to courts or guaranteeing legal representation. Access to justice is defined as the ability of people to seek and obtain a remedy through formal or informal institutions of justice for grievance in compliance with human rights standards. There is no access to justice where citizens (especially marginalized groups) fear the system, see it as alien, and do not access it; where the justice system is financially inaccessible; where individuals have no lawyers; where they do not have information or knowledge of rights; or where there is a weak justice system. Access to justice involves legal protection, legal awareness, legal aid and counsel, adjudication, enforcement, and civil society oversight. Access to justice supports sustainable peace by affording the population a more attractive alternative to violence in resolving personal and political disputes.

THE LEGAL SERVICES AUTHORITY ACT: MANDATE AND STRUCTURE

WHAT ARE THE OBJECTIVES?: To constitute legal services authorities. To provide free and competent legal services to the weaker sections of society. To ensure that citizens’ access to justice is not denied due to their deprivations. To organise and promote Lok Adalats as a means of ADR mechanism.

WHO ARE ELIGIBLE?: Women and Children. Members of Scheduled caste or Scheduled Tribes. Industrial Workmen. Persons with Disability. Persons in Custody. Victims of Human trafficking.Victims of Natural Disasters, Ethnic/caste violence, industrial disasters. Persons with an annual income of less than Rs 1,00,000/- Or as notified by the Central/State Governments.

WHERE TO GO FOR AVAILING LEGAL AID?: Civil, Criminal, and Revenue courts, Tribunals, any authority exercising judicial or quasi-judicial functions. Institutions that provide free legal services. Legal Services Authority at National/State/District/Tehsil. Taluka/Sub-divisional Legal Services Committee

WHAT IS NALSA?: NALSA is the Central Authority constituted under the LSA 1987 whose Patron-in-Chief is the Chief Justice of India(CJI). The executive chairman of NALSA is a sitting or retired SC judge and will have such other members determined by the Central government in consultation with the CJI. NALSA is the central implementing authority under the LSA 1987. It also implements various programs related to victim compensation, social action litigation, and conducts/coordinates Lok Adalats.

WHAT IS LOK ADALATS?: The LSA provides for a type of ADR known as Lok Adalat; the people’s court. It can be constituted by the authorities/committees provided under the Act. The Act provides for judicial and non-judicial members whose number and qualifications will be determined by appropriate authorities under the Act. Lok Adalat can be set up for dispute resolution in many areas like civil, family, commercial, utility services etc. But Lok Adalat shall have no jurisdiction in respect of any case relating to an offence not compoundable under any law. The manner of resolving the dispute of the Lok Adalat is through compromise or settlement between the parties. The Lok Adalat will have the power of a Civil Court. Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the award. If no award is made, then the case may be referred back to the Civil Court.

WHAT IS PERMANENT LOK ADALAT?: Under the Act, Permanent Lok Adalats can be established by the Central Authority(NALSA) or the State Authority(SALSA) to deal with disputes regarding “public utilities” (power, transport, post, insurance, hospital, banking, etc). The process of dispute resolution under them is either conciliation or a decision on merit. The Chairperson of Permanent Lok Adalat will be a judicial officer serving or retired in the rank of a District/Additional District Judge. The jurisdiction of the Permanent Lok Adalats is up to Rs. One Crore. Its award will be binding on all the parties and no appeal lies to any court. 

WHAT IS THE NATIONAL LOK ADALAT?: National Lok Adalat is conducted quarterly across all the courts from the SC to the Taluka Courts in a single day. It is organised under the aegis of NALSA. Sep 2021, National Lok Adalats, held in 33 states and union territories, settled over 15 lakh cases and awarded over Rs 2,281 crore to litigants in a day.

THE STATE OF ACCESS TO JUSTICE IN INDIA- AN APPRAISAL

DELAYED JUSTICE: As of Apr 15, 2021, in SC 67279 cases are pending while in High Courts the number is a whopping 57.53 lakh. (National Judicial Data Grid). The Subordinate judiciary (Districts courts and below) has a pendency of 3.81 crore cases as on the same date. (National Judicial Data Grid). These facts themselves reflect the state of justice delivery in India.

UNDERTRIAL PRISONERS: As per the National Crime Records Bureau(NCRB)” Prison Statistic Report 2019”, 69.05% of those behind the bar were under trial. This means neither the survivor/victim nor the accused gets justice in time. The tragic death of an octogenarianunder trial prisoner, Fr Stan Swamy is a case in point. The NCRB report also points out that the number of undertrials dying in the prison is going up.

QUALITY OF LEGAL AIDL: LSA 1987 provides for free and competent legal aid for eligible sections. But as J. Chandrachud observed, “Studies have indicated that advocates empaneled with the state and district legal authorities lack competence or initiative”. This poor quality of legal aid not only delay access to justice but also deter people from accessing justice.

WEALTH AND JUSTICE: It is said that wealth and justice go hand in hand. The legal landscape is structured in such a way that only those having the resources can knock the citadels of the justice system in India. This is empirically proved by the above mentioned NCRB report which mentions that Muslims, Dalits and Scheduled Tribes have disproportionate representation in prison inmates relative to their population.

LEGAL AWARENESS: The legal literacy in India is abysmally poor. One of the significant mandates of NALSA and other authorities is to spread legal awareness not only to the people but also to those in administration, especially in police and prisons. Recently, the SC had to step in to grant bail to 13 people who despite being juveniles had to spend more than two decades in Agra Jail, UP. J. Chandrachud observes that neither jail superintendents are conversant with the basic legal remedies available to the convicts and undertrials nor are they provided adequate legal assistance”.

POOR FUNDING AND REMUNERATION: A research project sponsored by the Indian Council of Social Science. Research (ICSSR) in 2017-19, spanning across 18 states and 36 districts of India, has shown that Legal Services Counsels (LACs) are performing under low honorarium with no recognition accorded. This honorarium is really very nominal indeed. It can be as little as 1,500 rupees in small towns, and at a maximum, it goes up to Rs. 7,500 in certain cities. Such an amount for services rendered doesn’t help attract the best talent with serious intent to work in this space. This, in turn, has a direct bearing on those citizens who depend upon these legal services as their only option and hope for justice. In reality, it defeats the purpose of free legal aid for the underprivileged.

DECREASING BUDGETARY ALLOCATION: In 2018, the NLSA was allocated 150 crores to discharge its functions, it came down to 140 crores the next year and then to just 100 crores in the next two years again. To discharge all these responsibilities and run these programs, the Centre allocates funds to the NLSA, which in turn distributes the money to state authorities and their various agencies

EXTRA JUDICIAL METHODS AND ENCOUNTERS: The abhorrent practice of custodial torture, forced disappearances, encounter killings, etc, does not seem to stop in India. One major reason for their prevalence is the lack of accountability of the police and other officials as the poor victims and their families cannot access the justice system.

WHAT ARE THE IMPLICATIONS OF POOR ACCESS TO JUSTICE?

VIOLATION OF CONSTITUTIONAL PROVISIONS: The Preamble of the Constitution promises socio-political and economic justice to the people of India. This has been given concrete shape under Art 39A of the DPSP. Poor access to justice violates these noble promises of the Constitution.

THREATENS RULE OF LAW: The common man’s faith in the justice system suffers due to a lack of timely justice delivery. This leads to people taking the law into their hands or approaching influential entities likeKhaps, for resolving their disputes often leading to miscarriage of justice. Many revenge killings or riots stem from the perception that delays injustice system will lead to culprits walking scot-free.

VIOLATION OF FUNDAMENTAL RIGHTS: As per SC, the right to a speedy trial is a fundamental right under Art 21. The consequence of delayed justice is injustice. Consider a few examples. In March this year, Vishnu Tiwari was held not guilty of rape by the Allahabad high court after he had spent 20 years in jail. In March, Dipak Jaishi a Nepali citizen was ordered to be released by the Calcutta high court from the Dum Dum Central Correctional Home after spending 40 years in judicial custody as an under-trial prisoner.

POOR ECONOMIC DEVELOPMENT: Without access to justice, the economic reforms and business-friendly initiatives of government remain only on paper and thus become ineffective in achieving their policy goals. Lack of speedy and effective dispute resolutions inhibits economic activities, reduces employment opportunities, and retard economic growth.

SOCIAL DIVISIONS AND INEQUALITY: Access to justice is a prerequisite for social equality. The widening gulf between the rich and the poor, male and female, and between regions, castes, religions, languages, etc, cannot be bridged unless there is equality of opportunity to access justice.

BREACH OF SOCIAL CONTRACT: The people in the “state of nature” entered into the “ social contract” to create a “ state “ for ensuring justice to all. When access to justice is delayed or denied, the social contract between the state and the citizens is breached.

DEHUMANIZING INDIVIDUALS: Justice is the most fundamental virtue of human society. The lack of justice robs individuals of their dignity, self-esteem, and creates such extreme negative emotions often leading to taking one’s own life.

WHAT SHOULD BE DONE TO REALISE THE OBJECTIVES OF THE LSA ACT REAL?

RESOURCE SUPPORT: The budgetary allocation for the NALSA and other authorities needs to be substantially increased to address the problems of resource constraints.

DEMAND GENERATION: The demand for justice delivery needs to be created by awareness and outreach programs like camps, seminars, legal clinics, etc. The Law colleges and universities can be roped in by NALSA for this purpose. The Lok Adalats need to be provided more visibility and public messaging.

PRO BONO LEGAL WORK: Pro bono legal work needs to be encouraged and recognized which will incentivize lawyers as well as improve access to justice to the people. The Bar Councils can take such steps as a mandatory period of pro bono work before renewing their license or persuading their accomplished members to lead by example.

ATTRACTING AND RETAINING TALENT: The lawyers and other functionaries associated with the implementation of the LSA need to be remunerated well. This helps bring fresh and qualified talent into this area thereby increasing willingness and improving the trust of people in “free and competent” legal aid.

CREATION OF SPECIALIST CADRES: NALSA and other agencies need to take steps to create themes-based legal service providers which will create expertise in the relevant area and people can readily tap these pools. An instance of this was seen in 2018 with the rise of the me-too movement where young women lawyers started offering their services free of cost to assist women who had been sexually harassed. This created databases of lawyers who could be approached for specific issues. This would be particularly helpful for sexual minorities, transgenders, survivors of communal riots, sexual assault survivors, etc.

TAPPING TO STRUCTURED ENTITIES: The NALSA can enter into contracts with law firms through the department of justice and the ministry of law, requiring them to spend a certain number of hours delivering pro bono legal aid services. This may be made mandatory similar to corporate social responsibility for companies or may be considered as one of the relevant factors when impaneling law firms for contractual work for the government of India or the PSUs”.

LEVERAGING TECHNOLOGY: Integration of technology with legal administration offers numerous opportunities to use creative means to enable access to justice. One such way would be an AI-based chat box to provide automatic legal advice. This has already been implemented in the USA by the ‘DoNotPay’ platform and other countries such as Russia, China, Mexico and is worth exploring in India.

EFFECTIVE IMPLEMENTATION OF GOVT INITIATIVES: The Tele Law Programme 2017 pre-litigation legal advice and consultation under which a panel of lawyers can be connected to persons in need of legal aid. Similarly, Nyaya Bandhu Programme, a pro bono legal services program where interested lawyers volunteer their services can be connected via a mobile application. One of the missions in the e-committee of the SC is to provide E-Seva Kendra in every one of the 17,000 institutions of the courts across the country. National Mission for Justice Delivery and Legal Reforms, a mission mode project started in 2011 aims at speedy and easier access to people by improving judicial physical and human infrastructure and other measures. All these initiatives need to be executed in greater urgency by taking a stakeholder approach.

CONCLUSION: Free legal aid is not a charity but the right of the people without which the constitutional guarantee of security and liberty cannot be realised. The role of authorities established under the LSA 1987 assumes immense significance in this context. When India is going to celebrate its 75th year of independence, we must restructure and Indianite our legal system so that justice does not remain a luxury but a living reality for the poor. A timely, affordable, and qualitative justice delivery system is the sine qua non for a functioning and vibrant democracy.

Questions:

  1. Despite three decades of the Legal Services Authority Act(LSA) 1987 being in force, access to justice for the poor and the marginalized still remains a distant possibility. Examine.
  2. What do you mean by Lok Adalats? Identify the reasons for their sub-optimal utilisation for dispute resolution in India.
  3. Equality of opportunity for accessing justice delivery institutions demands free and competitive legal aid to the weaker sections. In the light of the statement explain what measures the National Legal Service Authority should take to promote access to justice to the weaker sections.

ADD TO YOUR KNOWLEDGE

NATIONAL MISSION FOR JUSTICE DELIVERY AND LEGAL REFORMS

National Mission for Justice Delivery and Legal Reforms was set up in August 2011 with the twin objectives of increasing access by reducing delays and arrears in the system and enhancing accountability through structural changes and setting performance standards and capacities. The Mission has been pursuing a coordinated approach for phased liquidation of arrears and pendency in judicial administration, which, inter-alia, involves better infrastructure for courts including computerization, increase in strength of subordinate judiciary, policy and legislative measures in the areas prone to excessive litigation, re-engineering of court procedure for quick disposal of cases and emphasis on human resource development. To advise on the goals, objectives, and strategies of the National Mission and the Action Plan and its implementation, an Advisory Council has been set up under the Chairmanship of the Minister of Law and Justice with wide-ranging membership. An action plan of the National Mission was formulated under 5 strategic initiatives which are reviewed by the Advisory Council of the National Mission from time to time. On July 14, 2021, the Union Cabinet has approved the continuation of the Centrally Sponsored Scheme (CSS) for the development of infrastructure facilities for the Judiciary for a further five years from April 1, 2021, to March 30, 2026. A total of Rs.9000 crores has been sanctioned for the scheme. It was also announced that the Gram Nyayalayas Scheme will be implemented in a Mission Mode through National Mission for Justice Delivery and Legal Reforms.