THE INDIAN POLITY AND GOVERNANCE

1. CONCLUSION OF WINTER SESSION 2021

THE CONTEXT: The winter session of Parliament ended the same way it started on November 29,2021 — on an acrimonious note. Both Houses have adjourned sine die a day ahead of schedule.

THE EXPLANATION:

• According to the Ministry of Parliamentary Affairs, that the productivity of the Lok Sabha was around 82% and that of the Rajya Sabha around 48%.
• During the session, 13 Bills (12 in the Lok Sabha and one in the Rajya Sabha) were introduced, while 11 Bills were passed by both Houses of Parliament.
• Also, the government had referred six Bills to parliamentary committees for closer scrutiny, including the Prohibition of Child Marriage (Amendment) Bill that seeks to override personal laws of different religions to increase the legal age of marriage for women from 18 to 21 years.

Sessions of Parliament

Summoning of the Parliament is specified in Article 85 of the constitution.

The power to convene a session of Parliament rests with the government. The decision is taken by the Cabinet Committee on Parliamentary Affairs. The decision of the Committee is formalized by the President, in whose name MPs are summoned to meet for a session.

There are usually three sessions in a year, viz,

• the Budget Session (February to May);
• the Monsoon Session (July to September); and
• the Winter Session (November to December).

 Also, every year the session starts with the Presidential address.

Adjournment:

• Adjournment refers to postponing the further transaction of the business for a specified time. Adjournment terminates the sitting of the House which meets again at the time appointed for the next sitting.

Adjournment sine die:

Adjournment sine die refers to the termination of a sitting of the House without any definite date being fixed for the next sitting.

Prorogation:

• The termination of a session of Rajya Sabha by an order made by the President under article 85(2) (a) of the Constitution is called Prorogation. A prorogation puts an end to a session and not Lok Sabha itself.

Dissolution:

• Dissolution may take place either by end of the 5-year term of Lok Sabha or the end of term as extended by emergency or by an order of President as mentioned in article 85 (2).
• Dissolution puts an end to the Lok Sabha and fresh elections must be held.

2. KARNATAKA’S ANTI-CONVERSION LEGISLATION

THE CONTEXT: The Karnataka Protection of Right to Freedom of Religion Bill, 2021 introduced in the Karnataka Assembly aims to prohibit conversion by misrepresentation, force, fraud, the allurement of marriage, coercion and undue influence.

THE PROVISIONS OF THE BILL:

• According to the Bill, any person intending to convert will have to inform the district magistrate at least thirty days in advance, following which an inquiry will be conducted.
• After getting converted, the person has to again inform the district magistrate within 30 days and must appear before the district magistrate to confirm his/her identity. Not informing the district magistrate will lead to the conversion being declared null and void.
• The offence of conversion will attract a jail term of three to five years and a fine of ₹25,000 for people found violating the law and a jail term of three to 10 years, and a fine of ₹50,000 for people converting minors, women and persons from the SC and ST communities.

About conversion, the Bill claims that “allurement” includes any offer of any temptation in the form of:

• Any gift, gratification, easy money, or material benefit either in cash or kind;
• Employment, free education in school or college run by any religious body;
• Promise to marry;
• A better lifestyle, divine displeasure or otherwise;
• Portraying practice, rituals and ceremonies or any integral part of a religion in a detrimental way vis-a-vis another religion; or
• Glorifying one religion against another religion.

How has Parliament handled anti-conversion bills?

• In post-Independent India, the first Indian Conversion (Regulation and Registration) Bill was introduced in 1954, which sought to enforce “licensing of missionaries and the registration of conversion with government officials.” This bill was rejected.
• This was followed by the introduction of the Backward Communities (Religious Protection) Bill in 1960, “which aimed at checking conversion of Hindus to ‘non-Indian religions’ which, as per the definition in the Bill, included Islam, Christianity, Judaism and Zoroastrianism,” and the Freedom of Religion Bill in 1979, which sought “official curbs on inter-religious conversion.”
• These bills fell through for want of majority approval.
• Research indicates that in the 1980s, the focus of anti-conversion laws was Muslims seeking to convert non- Muslims, while Christianity has received its share of attention since the 1990s.

3. 15 YEARS OF FOREST RIGHTS ACTS

THE CONTEXT: According to the Monthly Progress Report on Forest Rights Acts, published by the Ministry of Tribal Affairs (MoTA), Government of India, only 14.75% of the minimum potential forest areas for forest rights in India has been recognized since the Act came into force.

THE ANALYSIS OF THE FOREST RIGHTS ACT

• A 2015 report by the Rights and Resources Initiative, Vasundhara and Natural Resources Management Consultants pointed out the FRA has the potential to restore the rights of forest dwellers over at least 40 million hectares or 100 million acres of forest land in 170,000 villages, i.e. one-fourth of the villages across the country. Importantly, at least 150 million people, including 90 million tribal people, are estimated to benefit from the recognition of forest rights under the FRA.
• Even within this lower recognition rate, there is uneven implementation of FRA across states. For example, Andhra Pradesh has recognized 23% of 29,64,000 acres of its minimum potential forest claim, while Jharkhand, with 52,36,400 acres of minimum potential forest area, has recognized only 5%.
• A similar phenomenon is at work within states, where some districts have performed better than others. For example, within a high performing state like Odisha, a district like Nabarangapur has a 100% IFR recognition rate, but in Sambalpur, it is at 41.34%
• The MoTA’s monthly FRA progress report reveals that since 2016, the total FRA claims received have declined. Advocates of the Act argue that this is not because of a delay in claim filing, but rather that state administrations have done too little to facilitate the claim process. A perennial challenge in the enforcement of the FRA at the state level, regardless of the political party in power, is the lack of political and administrative support to implement the Act.

IFR = Individual Forest Rights and CFR = Community Forest Rights 

Enforcement challenges

• The biggest challenge throughout the country has been a lack of coordination between tribal, forest and revenue departments at the local level. Equally pathetic is the sedentary attitude of the state-level monitoring committee to supervise the activities of the DLC and SDLC.
• Claims are arbitrarily rejected without any written explanation to the claimants. Invariably, the claimed forest area for IFR and CFR is not recognized. Lesser forest area against the claimed area is recognized without giving justification.
• Wherever rights are recognized, little or no attempt is made to enhance the title holders’ livelihood and increase the productivity of the recognized land. Recognition of claims in protected and tiger reserve areas is very low or rejected by misinterpreting the law.
• It is probably no mere coincidence that over the past few years, as several forest rights claims have been pending and rejected, the Union government has diverted more than 20,000 hectares of forest areas for developmental activities across the country.

MYTHS ABOUT FRA

• Degradation of forests: The FRA is hardly the primary factor contributing to a decline in forest cover. According to another report, there is no correlation between FRA implementation and forest cover decline. While isolated examples of encroachment by the local community can surely be uncovered, there are countless studies and a lot of evidence to illustrate how forest-dwellers across the country have sustainably managed their surrounding forest. The campaign against the FRA may be a function of parties that have little to do with forest conservation and more to do with vested interests of tourism and corporate business.
• The disappearance of tigers: The implementation of FRA in tiger reserve areas has not caused the disappearance of tigers. In fact, the number of tigers has gone up after the FRA came into the picture and the number of animals has increased in reserves where the Act has been implemented. For example, after giving forest titles to the Soliga tribal community in the BRT Hills of Karnataka, a 2013 government estimate shows tiger density to be 11.3 tiger/100 sq km, making it second only to Kaziranga.

Way forward

• It is essential to ensure that the potential of FRA is maximized. Several steps can be taken to achieve the law’s goal. Each state’s intervention strategies need to be different given the distinctive nature of forest history and landscape. To this effect, concerted political and administrative interventions to strengthen the enforcement of the law at the grassroots level would help ensure that forest-dwellers get their statutory rights. The intervention strategies of Maharashtra and Chhattisgarh to upscale the implementation of FRA is worth emulating.
• As gram sabhas struggle to file their claims, it will be critically important for the state machinery to create a climate that enables them to exercise rights recognized under the FRA.
• It is essential to build a consistent, uniform and transparent database across states and build a fair understanding of lacunas in implementation over the years.
• Policies that aim to support the post-recognition phase would also help the titleholders improve their livelihood and land productivity.

THE BACKGROUND:

About Forest Rights Act 2006:

• The symbiotic relationship between forests and forest-dwelling communities found recognition in the National Forest Policy, 1988.
• The policy called for the need to associate tribal people in the protection, regeneration and development of forests.
• The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, was enacted to protect the marginalized socio-economic class of citizens and balance the right to the environment with their right to life and livelihood.

Provisions of the 2006 Act

• The Act recognizes that tribal and other traditional forest-dwelling communities would be hard put to provide documentary evidence for their claims.
• Rule 13 of the Act, therefore, stipulates that the gram sabhas should consider more than one evidence in determining forest rights.
• The rule sanctions a wide range of evidence, including “statements by village elders”, “community rights” and “physical attributes such as houses, huts and permanent improvements made to lands such as leveling, bunds and check dams”.

Features of the Act

• The act recognizes and vests the forest rights and occupation in Forest land in forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD)who have been residing in such forests for generations.
• The act also establishes the responsibilities and authority for sustainable use, conservation of biodiversity and maintenance of the ecological balance of FDST and OTFD.
• It strengthens the conservation regime of the forests while ensuring the livelihood and food security of the FDST and OTFD.
• It seeks to rectify colonial injustice to the FDST and OTFD who are integral to the very survival and sustainability of the forest ecosystem.

The act identifies four types of rights:

Title rights

• It gives FDST and OTFD the right to ownership to land farmed by tribals or forest dwellers subject to a maximum of 4 hectares.
• Ownership is only for land that is actually being cultivated by the concerned family and no new lands will be granted.

Use rights

• The rights of the dwellers extend to extracting Minor Forest Produce, grazing areas, to pastoralist routes, etc.

Relief and development rights

• To rehabilitation in case of illegal eviction or forced displacement and to basic amenities, subject to restrictions for forest protection

Forest management rights

• It includes the right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use.

THE ECON0OMIC DEVELOPMENT

4. MINIMUM SUPPORT PRICE (MSP) FOR COPRA FOR 2022 SEASON

THE CONTEXT: The Cabinet Committee on Economic Affairs chaired by the Prime Minister has given its approval for the Minimum Support Prices (MSPs) for copra for the 2022 season.

THE EXPLANATION:

According to the statement released by the Government,

• The MSP for Fair Average Quality (FAQ) of milling copra has been increased to Rs10,590/- per quintal for the 2022 season from Rs.10,335/- per quintal in 2021 and the MSP for ball copra has been increased to Rs.11,000/- per quintal for 2022 season from Rs.10,600/- per quintal in 2021. This is to ensure a return of 51.85 percent for milling copra and 57.73 percent for ball copra over the all-India weighted average cost of production. The increase in MSP for copra for the 2022 season is in line with the principle of fixing the MSP at a level of at least 1.5 times the all India weighted average cost of production as announced by the Government in the Budget 2018-19.
• It assures a minimum of 50 percent as a margin of profit as one of the important and progressive steps towards making possible doubling of farmers’ incomes by 2022.
• The National Agricultural Cooperative Marketing Federation of India Limited and National Cooperative Consumer Federation of India Limited will continue to act as Central Nodal Agencies to undertake price support operations at the MSP in the coconut growing States.

VALUE ADDITION:

What is the Minimum Support Price:

• Minimum Support Price (MSP) is a form of market intervention by the Government of India to insure agricultural producers against any sharp fall in farm prices.
• The minimum support prices are announced by the Government of India at the beginning of the sowing season for certain crops on the basis of the recommendations of the Commission for Agricultural Costs and Prices (CACP).
• MSP is price fixed by the Government of India to protect the producer – farmers – against excessive falls in price during bumper production years. The minimum support prices are a guaranteed price for their produce from the Government

Commission for Agricultural Costs and Prices (CACP)

• CACP is an expert body that recommends minimum support prices (MSPs) to the Government (CCEA) by taking into account the cost of production, trends in domestic and international prices.
• It is a statutory panel under the Ministry of Agriculture, established in January 1965.
• It makes recommendations for MSPs for 23 Kharif and rabi crops
• However, its suggestions are not binding on the government.

NAFED

• National Agricultural Cooperative Marketing Federation of India Ltd. (NAFED), established in 1958, is registered under the Multi-State Co-operative Societies Act.
• NAFED was set up with the object to promote Cooperative marketing of Agricultural Produce to benefit the farmers.
• The objectives of the NAFED shall be to organize, promote and develop marketing, processing and storage of agricultural, horticultural and forest produce, distribution of agricultural machinery, implements and other inputs, undertake inter-state, import and export trade etc.

5. DEMAND TO EXTEND TOKENIZATION DEADLINE

THE CONTEXT: Digital payment firms and merchant bodies have petitioned the Reserve Bank of India to extend the deadline for implementation of the new credit and debit card data storage norms, or card-on-file tokenization (CoF). The RBI mandate on tokenization kicks in from January 1, 2022.

THE EXPLANATION:

WHAT IS TOKENISATION?

• Tokenization refers to the replacement of actual credit and debit card details with an alternate code called the “token”, which will be unique for a combination of card, token requestor and device.
• A tokenized card transaction is considered safer as the actual card details are not shared with the merchant during transaction processing. Customers who do not have the tokenization facility will have to key in their name, 16-digit card number, expiry date and CVV each time they order something online.

Challenges with the process

• If implemented in the present state of readiness, the new RBI mandate could cause major disruptions and loss of revenue, especially for merchants.
• According to the Digital payment firms and merchant bodies, “the disruptions of this nature erode trust in digital payments and reverses consumer habits back towards cash-based payments.
• They have voiced their concerns over industry readiness on the RBI directive on card-on-file tokenization and urged the central bank for an extension of the December 31 deadline for implementation of card data storage norms.
• An estimated 5 million customers, who have stored their card details for online transactions on various platforms, could be impacted if the online players and merchants are not able to implement the changes at their backend.

E-commerce platforms, online service providers and small merchants

• could be especially hit. Equated monthly installments and subscription-based transactions that are paid through stored cards will also have to adhere.

Significance:

• “India has an estimated 98.5 crore cards, which are used for about 1.5 crore daily transactions worth Rs 4000 crore. The value of the Indian digital payments industry in 2020-21, as per RBI’s annual report, was Rs 14,14,85,173 crore. Digital payments have triggered and sustained economic growth, especially through the trying times of the pandemic…While RBI’s intent is to protect consumer interest, the challenge on ground pertains to implementation.
• In September 2021 the RBI prohibited merchants from storing customer card details on their servers with effect from January 1 and mandated adoption of CoF tokenization as an alternative to card storage.

THE ENVIRONMENT AND ECOLOGY

6. ADVERSE EFFECTS OF CLIMATE CHANGE

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

THE PRELIM PRACTICE QUESTION

1. Consider the following statements:

1. Summoning of parliamentary session is done by the President.
2. Prorogation of parliamentary session is done by the Presiding officer of the Houses.

Which of the given statements is/are correct?

      a) 1 only

b) 2 only

c) Both 1 and 2

d) Neither 1 nor 2

FOR 22TH DECEMBER 2021 PRELIMS PRACTICE QUESTIONS

Answer: c)

Explanation:

• Statement 1 is correct: is published annually by Reporters Without Borders

Statement 1 is correct: In 2021, India was ranked 142nd out of 180 countries, placed in ‘bad category.

1. The Harm Principle: Explaining one of J.S. Mill’s most concise and relevant principles READ MORE
2. Jesus says centring happens through struggle READ MORE

1. Coal, Glasgow, and the future of the Great Indian Bustard READ MORE  
2. How to climate-proof Indian agriculture through innovation – from fertiliser to farmer networks READ MORE

1. Address poverty, education to curb child marriage READ MORE
2. One nation, one ration card holds promise READ MORE
3. The children who quietly dropped out of school READ MORE

1. Electoral reform is welcome, but shouldn’t be selective READ MORE
2. Delimitation’s limit: J&K Commission needs to address Kashmiri fears. India needs to rethink 2026 plan READ MORE
3. Why the separation of the judiciary and executive is essential in a democracy READ MORE
4. LINKING voter ID AND Aadhaar A bad IDEA READ MORE
5. Human Fallibility in Justice System Is Why Capital Punishment Must Be Abolished READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. Heated winter session of Parliament concludes a day early READ MORE
2. Life expectancy reduced in 2020 after steady increase for 15 years: Study READ MORE
3. Cabinet approves Minimum Support Price (MSP) for Copra for 2022 season READ MORE
4. RBI intervention prevents Rupee slide READ MORE
5. Climate crisis has cost India 5 million hectares of crop in 2021 READ MORE

Main Exam  

GS Paper- 1

1. Address poverty, education to curb child marriage READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. Electoral reform is welcome, but shouldn’t be selective READ MORE
2. Delimitation’s limit: J&K Commission needs to address Kashmiri fears. India needs to rethink 2026 plan READ MORE
3. Why the separation of the judiciary and executive is essential in a democracy READ MORE
4. LINKING voter ID AND Aadhaar A bad IDEA READ MORE
5. Human Fallibility in Justice System Is Why Capital Punishment Must Be Abolished READ MORE

SOCIAL ISSUES AND SOCIAL JUSTICE

1. One nation, one ration card holds promise READ MORE
2. The children who quietly dropped out of school READ MORE

INTERNATIONAL ISSUES

1. As a regional leader, not a victim of circumstance READ MORE
2. Troubled waters: On Indian fishermen in Sri Lankan custody READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. India not ready for cryptos, for now READ MORE
2. The politics and economics of fuel prices READ MORE
3. Lasting solution: WTO ruling is an opportunity to reform the sugar sector READ MORE

ENVIRONMENT AND ECOLOGY

1. Coal, Glasgow, and the future of the Great Indian Bustard READ MORE  
2. How to climate-proof Indian agriculture through innovation – from fertiliser to farmer networks READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. The Harm Principle: Explaining one of J.S. Mill’s most concise and relevant principles READ MORE
2. Jesus says centring happens through struggle READ MORE

Questions for the MAIN exam

1. ‘The One nation, one ration card scheme is not only timely but is also necessary to overcome the ravages of the pandemic in a sustainable manner’. Substantiate.
2. ‘Violence and instability in the Northeast have important implications for national security and territorial integrity’. In the light of the statement, suggest the way forward for India to address the security and instability issues in the northeast.

QUOTATIONS AND CAPTIONS

• Those who ‘abjure’ violence can do so only because others are committing violence on their behalf.
• The Constitution mandates ECI to function as an independent entity, apolitical in its character, but also appear to be so, because in the public domain “truth is not the truth, perception is the truth.” PMO’s recent invite to ECI shatters public trust in the latter.
• India must respond to neighbourhood challenges by making it clear that it is an arbiter of its destiny and the region’s.
• Government must take up all pending electoral reform proposals, instead of only going for politically motivated reforms like simultaneous elections and electoral bonds.
• A delimitation exercise represents a shift in political power. As the population is the main basis of seat allocation, an inherent problem is it dilutes the political clout of states and regions that have done well in realising the goal of population control.
• The ONORC scheme is not only timely but is also necessary to overcome the ravages of the pandemic in a sustainable manner.
• When laws restricting personal liberty are passed without debate, or under the cover of finance bills, the impact is felt by the citizens.
• Banning crypto should not detract from its underlying technology. Blockchain technology can be used even then.
• Facing the challenges posed by climate change, not just in terms of rising temperatures but also the growing need to better manage natural resources, promote resilient farming methods, and provide safe and nutritious food, many of India’s farmers are already making progress.
• With a population soon expected to become the world’s largest, agricultural innovations in India will help to not only ensure that more people can be fed, but also that the impact of farming upon the environment is minimised, and its resilience to climate change bolstered.
• The decision to award capital punishment is a question of life and death, which puts too much at stake for human institutions, such as the judiciary, to decide.

ESSAY TOPIC

• Truth is not the truth; perception is the truth.

50-WORD TALK

• When prices crash, economists blame it on supply-demand disequilibrium but fail to see the human suffering it unleashes. Not only in India but globally too, the volatility of the markets has destroyed livelihoods and increasingly forced farmers to abandon farming, sell off their lands and migrate to the cities looking for menial jobs. This is no less than mayhem. Take the case of America, where farm gate prices have been on a steady decline, gradually pushing farmers out of agriculture.

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.

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.

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.

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

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

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

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

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

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

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

(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.

[WpProQuiz 119]

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 75^th 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.

1. No tolerance for crime in faith’s name READ MORE
2. All About Your Attitude READ MORE

1. Himalayan glaciers melting at ‘exceptional rate’ READ MORE
2. Climate crisis in North East India: How geography, rainfall variations define calamity course READ MORE

1. Amid vaccine booster talk, context matters a lot READ MORE
2. Law seeks to give dam safety a new thrust READ MORE
3. Power politics: Violence in politics is gaining a dynamic of its own READ MORE
4. Like Patel, Bose, Nehru, Indian MPs & MLAs must start at the bottom: in civic, panchayat bodies READ MORE
5. From checks and balances to compliance: How the judiciary has responded to government pressure READ MORE

1. Raising marriage age won’t lead to women’s empowerment READ MORE
2. HUMAN TRAFFICKING BILL: A RAY OF HOPE READ MORE
3. Secularism inherent in the Indian ethos READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. Delimitation Commission proposes six additional seats for Jammu, one for Kashmir valley READ MORE
2. SEBI suspends futures trading in key farm crops READ MORE
3. Samagra Shiksha Abhiyan READ MORE
4. Nai Manzil Scheme READ MORE
5. Deaths linked to PM2.5 2nd highest in India: Study READ MORE

Main Exam

GS Paper- 1

1. Himalayan glaciers melting at ‘exceptional rate’ READ MORE
2. Climate crisis in North East India: How geography, rainfall variations define calamity course READ MORE
3. Raising marriage age won’t lead to women’s empowerment READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. Amid vaccine booster talk, context matters a lot READ MORE
2. Law seeks to give dam safety a new thrust READ MORE
3. Power politics: Violence in politics is gaining a dynamic of its own READ MORE
4. Like Patel, Bose, Nehru, Indian MPs & MLAs must start at the bottom: in civic, panchayat bodies READ MORE
5. From checks and balances to compliance: How the judiciary has responded to government pressure READ MORE

SOCIAL ISSUES AND SOCIAL JUSTICE

1. HUMAN TRAFFICKING BILL: A RAY OF HOPE READ MORE
2. Secularism inherent in the Indian ethos READ MORE

INTERNATIONAL ISSUES

1. A strategic bulwark: India must redouble efforts towards Central Asia to counter the ‘Great Game’ rivalries READ MORE
2. Why the Russia-West equation matters to India READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. Need a new, decentralised look at agriculture READ MORE
2. Fiscal correction: Govt should not delay the consolidation process READ MORE
3. India’s FTA ambitions in perspective READ MORE

ENVIRONMENT AND ECOLOGY

1. In Punjab, sacred forests are shrinking due to encroachments and invasive species READ MORE  

TECHNOLOGY

1. Strengthening the technology ecosystem for agriculture in India READ MORE

SECURITY

1. Another drug haul: Kutch emerging as a favourite transit point for smugglers READ MORE
2. Terror in the Valley: Centre needs to move towards a practical strategy to restore normalcy in J&K READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. No tolerance for crime in faith’s name READ MORE
2. All About Your Attitude READ MORE

Questions for the MAIN exam

1. ‘When democracy has come to mean much more than free and fair elections, the public monitoring and restraint of arbitrary exercises of power by bodies such as independent courts is vital for the freedom, equality, and well- being of citizens’. Comment.
2. ‘As Courts are dependent on governments for the implementation of their orders, the impacts of their ruling sometimes remains invisible on ground realities’. In the light of the statement, how far do you think that counts role should be increased in the implementation of their orders? Analyse your view with relevant examples.

QUOTATIONS AND CAPTIONS

• Wanton killing innocent civilians is terrorism, not a war against terrorism.
• After Independence, ministers with a vastly different set of values and perspectives came to wield authority. Civil servants realised that circumspection rather than pure efficiency was needed to make things work.
• Tensions between the executive and judiciary are to be expected and welcomed in a democracy where those who exercise power.
• When democracy has come to mean much more than free and fair elections, the public monitoring and restraint of arbitrary exercises of power by bodies such as independent courts is vital for the freedom, equality, and well-being of citizens.
• If institutional checks and balances are intended to keep the executive and the judiciary on their toes and to prevent arbitrary exercises of power, tensions between the two should serve democracy in good stead.
• Resistance to decentralisation does not come much from All-India Service officers but from state-level political leaders who know their powers of patronage will be curtailed.
• Large municipal corporations and Zilla panchayats, aided by a complement of IAS, IPS, and IFS officers along with their counterparts from the state services, can provide governance and development interventions at the district level, and also raise necessary resources for carrying out the services.
• The country should rather begin a new discussion on agriculture and crops, creating diverse food grain habits and sustaining ecology.

ESSAY TOPIC

• Democracy seeks justice, not vengeance.

50-WORD TALK

• Experts opine that agritech, without doubt, is relooking at the way food has been grown and distributed in the country. But technological innovations are also being triggered by critical factors such as climate change, reduction in water availability, tolerance of pests, decrease in quality of soils and labour shortages. Funding, therefore, specifically for on-farm management and precision agriculture, they suggest, has to be increased.
• The Dam Safety Act is probably the most futuristic and the best dam safety law in the world. It advises dam owners to carry out risk assessment at regular intervals, prepare an emergency action plan to assess the level of disasters that may unfold and makes obstruction or refusal to comply with instructions to ensure dam safety a punishable offence.

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.

THE CONTEXT: The enforcement directorate (ED)is the premier financial crimes investigative agency of the Union Government. Recently, its functioning has been under a cloud of suspicion as they are alleged to be used against the opposition leaders, the media, and the critics of the Central Government. The state governments also allege that the agency violates the federal principles enshrined in the Constitution. This write-up examines these issues in detail.

MANDATE OF THE ENFORCEMENT DIRECTORATE(ED): AN OVERVIEW

• ED is a Multi-Disciplinary Organization under the Department of Revenue, Min of Finance mandated with the task of enforcing the Foreign Exchange Management Act, 1999 (FEMA) and Prevention of Money Laundering Act, 2002 (PMLA)
• The ED headquartered in New Delhi is headed by the Director of Enforcement. There are five Regional offices and other such zonal and subzonal offices in various parts of the country.
• It was formed in 1956 in the Department of Economic Affairs, to investigate cases of foreign exchange-related violations, a civil provision. But in 2002, after the introduction of the PMLA, it started taking up cases of financial fraud and money laundering, which were of criminal nature.
• FEMA 1999 regulates the transactions in currency, import and export of commodities, securities, purchase and sale of any kind etc.
• The main objective of FEMA is to facilitate external trade and payments. In addition to this, FEMA was also formulated to assist the orderly development and maintenance of the Indian forex market.
• Contraventions of FEMA are dealt with by way of adjudication by designated authorities of ED and penalties up to three times the sum involved can be imposed.
• The PMLA provides authority to the ED to investigate offences of money laundering and to take actions of attachment and confiscation of property
• PMLA provides for the prosecution of the persons involved in the offence of money laundering. There are 156 offences under 28 statutes which are Scheduled Offences under PMLA.
• ED also processes cases of fugitive/s from India under the Fugitive Economic Offenders Act, 2018.
• The powers of a survey, search and seizure, a search of persons, retention of property or of records, to issue summons to enforce the attendance of any person and compel him to give evidence or produce records, discovery or inspection, and the power to arrest, etc are conferred by various provisions of PMLA. Render cooperation to foreign countries in matters relating to money laundering etc.

CRITICISM OF THE FUNCTIONING OF THE ENFORCEMENT DIRECTORATE

POLITICISATION: The EDisalleged to be targeting those political leaders who do not belong to the ruling party/parties at the Centre. Even the past cases of these leaders have been reopened in order to pressurize them either to change parties or to curb dissent.
This has happened with a former Home Minister of India, Former CMs of Uttar Pradesh, etc. Recently, the ED has been criticised for putting pressure on an accused in Kerala Gold Smuggling Case for implicating the CM in the case.
One sitting MP from the ruling party at the Centre

TARGETING DISSIDENTS: The PMLA has been misused for targeting dissident voices and thereby preventing free speech and expression. This has become a routine affair especially in the case of NGOs. For instance, all bank accounts of Amnesty International India were completely frozen by the Enforcement Directorate in September 2020 on the charge of an alleged violation of PMLA. The human rights advocacy group had to shut down all its offices and operations and is alleged the action is taken due to Amnesty’s reports on the deteriorating human rights record of India in recent times.

VIOLATING FEDERAL PRINCIPLES: The division of power under the Schedule 7 of the Constitution places the responsibility for police and public order in the State List. But the power of ED to investigate cases without states consent especially in ordinary crimes is against federal principles.

POLICING WITHOUT BEING A POLICE FORCE: ED has been given the power to take the custody/ remand of the offender considering the gravity of the offence in the garb of effective investigation, ignoring completely the fact that ED is not covered under the definition of ‘Police Officer’ under the Police Act, 1861. Thus, it exercises the function of police despite it is not covered under the definition of police.

SELECTIVE APPLICATION OF LAWS: The ED has been accused of selective application of the PMLA provisions and the major money laundering scams are either not investigated or not followed up by ED. For instance, The Rose Valley Chit Fund Scam in Odisha, the NARADA scam in West Bengal etc seem to have missed ED radar. One MP was seen in a video taking bribes, ED summoned him, but nothing was heard after he switched party. For example, Mukul Roy and HimantaBiswaSarma, both accused in the NARADA chit fund scam, are yet to be questioned.

NO, FOLLOW UP ON INVESTIGATION: The status of high-profile cases remains unknown, as neither the media nor the investigative agencies appear to have followed them up. Moreover, in none of these cases, the agencies have charge-sheeted the leaders of crimes. The fate of these cases hangs in limbo. Though the action against opposition leaders has garnered a lot of attention, one does not know whether the agencies have been able to gather enough evidence against the accused.

POOR PROFESSIONALISM: Until 2017, the ED had just managed two convictions, while as in 2019, the number of convictions stands at nine so far. The overall number is still bleak, with more than 2,400 cases pending trial. Also, the 2G scam case was dismissed by the courts owing to lack of evidence. All these show the poor professionalism of the ED.

VIOLATION OF RULE OF LAW: ED can carry out the pre-trial attachment of property and funds just on basis of reasons to believe of the investigative authority and not concrete facts. So even without an investigation being complete, a persona can be charged, and the property can be attached just because a complaint/investigation exists against him. It effectively means that though a citizen is presumed not guilty, he is deprived of control over his property, when the prosecution believes that it comes from tainted money, effectively destroying lives, families, and businesses, just on the basis of investigators’ reason to believe and not on evidence.

VIOLATES ORIGINAL INTENT: The Act gave expression to India’s commitment to the United Nations to enact domestic legislation to curb the laundering of money linked to drug trafficking. However, a series of subsequent amendments have sought to systematically dilute the cardinal intent of the Act, reducing it to an instrument of arbitrary power in the hands of the ED.

GREY AREAS IN PMLA: A RECIPE FOR ARBITRARINESS BY ED?

Absence of a procedure: Unlike the CrPC which provides for a proper procedure to commence an investigation, in the PMLA there is no procedure prescribed. For instance, Section 154 and 155 of CrPC deal with cognisable and non-cognisable offences but in PMLA no such procedures are prescribed and there is no registration of FIR under the Act. This violates Art 21 of the Constitution.

Enforcement Case Information Report (ECIR): The PMLA has an internal manual where the ED officers record an ECIR- Enforcement Case Information Report. That is something that is kept by the ED to themselves and is not revealed to anybody even to the magistrate. This means an individual can be prosecuted without knowing why he has been proceeded against.

Automatic registration of a case by ED: There are 156 Scheduled Offences and whenever a predicate offence is registered, the ED starts investigation under PMLA. This provides wide latitude and discretion to ED which is often misused. There must be something beyond the FIR under the predicate offence which needs to be established for the ED to commence the investigation.

Article 20(3): Section 50 of the PMLA vests the ED officers with the power of a Civil Court. But while exercising the power of summons to a person by ED, usually no reason is provided for such summons. Neither the person is informed whether s/he is summoned as a witness or an accused nor any information is given on what predicate offence s/he is charged under. Secondly, the person must compulsorily answer the questions put forward by the officers and must sign the disclosure statement which is used as evidence against him in the court.

Ordinary crimes included in scheduled offences: Section 120 B dealing with criminal conspiracy is part of PMLA. The section can be applied to any offence and requires only a mere allegation. There is no threshold for initiating a PMLA case based on 120B. Similarly, murder is also part of PMLA, and it is doubtful why such an isolated act can be a part of PMLA. It is another matter if there is an organised crime activity but on its own, these offences should not be part of PMLA.

2019 amendments: The 2019 amendments have increased the powers of the ED. The offences under the PMLA became standalone crimes, and the offences have been made cognisable and non-bailable. It has expanded the definition of proceeds of crime which means assets not directly related to the proceeds of crime can also be attached.

AN OPTIMISTIC ANALYSIS OF THE FUNCTIONING OF THE ED

Of late, the ED has not just taken up high-profile cases, but has also actively started investigating them, filed charge sheets in many long-pending cases, attached properties in a series of cases worth Rs 58,000 crore, moved applications, and even secured extraditions. In the last 10 years, the ED has attached assets worth Rs 58,333 crore. The highest number of attachments has been made in the Sterling Biotech case, amounting to Rs 14,000 crore. Between 2005 and March 2018, the agency attached assets worth Rs 27,000 crore, of which Rs 14,000 crore, a little over 50 per cent, pertained to cases of bank fraud. Since the PMLA was enacted, more than 2,500 ECIRs have been filed in the ED, and the investigation is pending in over 1,000 cases. The agency sends letters rogatory to different countries to obtain information about individuals and entities offshore. A letter rogatory is a formal communication from a competent court to a foreign court and is processed by the Ministry of External Affairs on behalf of investigative agencies. But most of these letters go unanswered, severely affecting the investigation. In some cases, this can lead to a court dismissing a case due to a lack of evidence. In 90 per cent of cases, the money is laundered and stashed in tax havens abroad, and when ED do not get information from there, the investigation suffers.”

WHAT SHOULD BE THE WAY FORWARD?

Checks and balances on ED’s power: As the guiding principle of our courts “Let a hundred guilty be acquitted, but one innocent should not be convicted” goes, the powers of ED if are not constrained, must at least not be used arbitrarily, else it can easily turn into harassment of innocent citizens. The parliament did not confer upon the ED any powers to attach or freeze assets on mere suspicion. The authorities cannot bypass the legislative intent using the tool of arbitrary discretion but should abide by the legal provisions.

Following Section 65 in letter and spirit: The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply, insofar as they are not inconsistent with the provisions of this Act, to arrest, search and seizure, attachment, confiscation, investigation, prosecution and all other proceedings under this Act.
Section 65[3] of PMLA has been under scrutiny for a long, it being one of the means of exploitation by the authorities. It gives them the opportunity to pick and choose the provisions they want to apply as convenient to them either under CrPC or PMLA. The ED must follow the CrPC in terms of arrest, search etc as no express provisions are provided in PMLA which are contrary to CrPC in these areas.

INTRA ORGANISATIONAL SUPERVISION: The 2019 PMLA Amendment Act empowers the ED to enter any property for purpose of conducting search and seizure. An arrest can be made for an offence under the PMLA even in the absence of a First Information Report (FIR). This calls for necessary supervision over the exploitation by the hands of the enforcement authority.

Transparency in Closing the case: A proviso was inserted to Section 44(1)(b) of the PMLA by the 2019 Amendment Act which talks about submitting a ‘Closure Report’ upon conclusion of investigation before the Special Court if no offence of money laundering can be determined after investigation. It is the duty of the legislature to ensure adequate transparency while submitting this closure report to restrict any kind of misuse of the powers of ED.

CLARIFYING THE INTERPLAY BETWEEN CrPC and PMLA: While section 41 of CrPC the ED can arrest a person on ‘mere suspicion’ however the arrest provisions u/s 14 of PMLA have preliminary requirements that need to be complied with. U/s 14 of the PMLA sufficient evidence to form a “reason to believe” that the person is guilty of the offence of money laundering is required. This requirement is not required to be fulfilled in case an arrest is made u/s 41 of the CrPC. The ED must stringently follow the provisions of PMLA and not selectively pick and choose provisions as per convenience.

PMLA APPELLATE TRIBUNALS: The PMLA Act provides for the establishment of a tribunal but the functioning of the tribunals has been handicapped due to the long-pending vacancies of chairman and members. Proper working of the Tribunal would put pressure on ED to follow rules of law which will increase the efficiency of the ED.

FOCUSING ON ORIGINAL MANDATE: Genesis of PMLA was to check illicit drug trafficking the proceeds of which funded terrorism. But now what has happened is that we have started applying it to ordinary crimes. Thus, necessary changes need to be made so that the ED can focus on the original mandate.

Judicial determination of Finance Act 2019: All these later amendments of 2019 were moved under the Finance Act.  The FA 2019 has been challenged and the SC needs to fast address the same. There are around 200 petitions challenging various provisions of the PMLA and the SC need to decide the same in priority. 
Clarity between Section 25 of the Evidence Act and Section 50: The statement made by the accused in Infront of the police is protected under section 25 of the evidence act. But under section 50 of PMLA, the statement is admissible evidence. This anomaly must be corrected.

Appointment of ED Director: The Central government should appoint a Director of ED in a transparent manner and strictly in accordance with the mandate of Section 25 of the Central Vigilance Commission (CVC) Act, 2003.
Extension of tenure of officers who have attained the age of superannuation should be done in rare and exceptional cases only after recording reasons by the committee constituted under section 25 of the Central Vigilance Commission Act.

Manpower and infrastructure: While the sanctioned staff strength of the ED is 2,300, it has only 1,000 personnel, including investigators, record-keepers and administrators. These human infra requirements must be addressed on priority.

Reformulating the entries in the Schedule: Under section 3 of the PMLA, it is money laundering which is an offence. Legitimizing of the proceeds of crime is the offence and not the proceeds of crime. There is no rationale as to when money laundering will apply and when it will not apply. That is the discretion of the officer. Entries in the Act need to be reformulated in a manner so that they cover the offences which were envisaged to be covered.

PUTTING THE ED MANUAL IN THE PUBLIC DOMAIN: Unlike the crime manual proudly unveiled by the Central Bureau of Investigation, ED’s manual remains an enigma. In the absence of any published manual, ED’s self-proclaimed procedural autonomy may become an alibi for arbitrariness and may threaten the fundamental right to fairness. The ED’s refusal to furnish a copy of the ECIR to the accused by touting it to be an internal document distinct from an FIR continues to jeopardize the legal recourse ordinarily available to an accused.

CONCLUSION:  The enforcement directorate has a significant role to perform in maintaining the economic security of the nation for which it had been given wide-ranging powers. But as the current controversies point out, the time has come to reform the functioning of the ED to bring necessary professionalism. In this regard, political,  legal, administrative and judicial interventions must be undertaken so as to protect the rights of citizens and also equip the ED to effectively counter money laundering.

Questions:

1. “The history of liberty is a history of the limitation of governmental power, not the increase of it”. Examine the statement in the light of the working of the Enforcement Directorate.
2. “Unless the legal ambiguities in the Prevention of Money Laundering Act is addressed, the functioning of the Enforcement Directorate will always remain sub-optimal and ineffective” Discuss.