THE INDIAN POLITY AND GOVERNANCE

1.UN GENERAL ASSEMBLY DECLARES ACCESS TO CLEAN AND HEALTHY ENVIRONMENT A UNIVERSAL HUMAN RIGHT

THE CONTEXT: The United Nations General Assembly declared that everyone on the planet has a right to a healthy environment, a move backers say is an important step in countering the alarming decline of the natural world.

THE EXPLANATION:

• In a resolution passed at UN headquarters in New York City, the General Assembly said climate change and environmental degradation were some of the most pressing threats to humanity’s future. It called on states to step up efforts to ensure their people have access to a “clean, healthy and sustainable environment.”
• The resolution is not legally binding on the 193 UN Member States. But advocates are hopeful it will have a trickle-down effect, prompting countries to enshrine the right to a healthy environment in national constitutions and regional treaties, and encouraging states to implement those laws. Supporters say that would give environmental campaigners more ammunition to challenge ecologically destructive policies and projects.

In 2019, following a lawsuit by an environmental group, the Netherland’s top court ordered the Dutch Government to do more to cut carbon emissions, saying climate change was a direct threat to human rights.

More recently, Brazil’s supreme court declared the Paris climate change agreement a human rights treaty, saying the pact should supersede national law. Backers are hopeful the latest General Assembly resolution will eventually lead to more decisions like those.

Environment as a basic right: Background

• The concept of human rights in general emerged after the Second World War, but the right to a healthy environment, as one of those human rights, was never a priority. Today, this right is an emerging concept that is being hotly debated in the human rights arena.
• A healthy environment is an essential aspect of the right to life, not only for human beings but also for other animals on the planet. Violation, therefore, of the right to healthy environment is potentially a violation of the basic right to life.
• Environmental deterioration could eventually endanger life of present and future generations. Therefore, the right to life has been used in a diversified manner in India. It includes, inter alia, the right to survive as a species, quality of life, the right to live with dignity and the right to livelihood. In India, this has been expressly recognised as a constitutional right.
• Article 21 of the Indian Constitution states: ‘No person shall be deprived of his life or personal liberty except according to procedures established by law.’ The Supreme Court expanded this negative right in two ways. Firstly, any law affecting personal liberty should be reasonable, fair and just. Secondly, the Court recognised several unarticulated liberties that were implied by article 21. It is by this second method that the Supreme Court interpreted the right to life and personal liberty to include the right to a clean environment.

2.SUSPENSION OF MPS: THE RULES, AND THE POWERS OF PRESIDING OFFICERS

THE CONTEXT: Recently, the two Houses of Parliament have suspended 27 MPs from various political and independent MP from Rajya Sabha and Lok Sabha.

THE EXPLANATION:

• The two Houses suspended these MPs because they disrupted proceedings, demanding a debate on rising prices and increasing GST rates on essential commodities. The suspended MPs have started a fifty-hour dharna on the Parliament complex, and Opposition parties are demanding the revocation of the suspensions.

Why do MPs disrupt Parliament?

• Over the years, the presiding officers of legislatures and political leaders have discussed and identified four broad reasons leading to disorder in legislatures. One reason is the lack of time available to MPs for raising important matters; a second is the “unresponsive attitude of the government and retaliatory posture by Treasury benches”.
• The other two reasons are deliberate disruption by parties for political or publicity purposes, and the absence of prompt action against MPs disrupting parliamentary proceedings.

What has Parliament done to address these issues?

The government and not Parliament decides the parliamentary calendar. Therefore, the decision about the time available with Parliament for discussions rests with the government. Parliamentary procedure also prioritises government business over other debates that take place in the legislature.

Who can suspend MPs, and for how long?

• Rules for ensuring the smooth functioning of Parliament have been unchanged since 1952. First, the presiding officers can direct an MP to withdraw from the House for any disorderly conduct. If the MP continues disrupting the House, the presiding officer can “name” the legislator.
• After that, the House can move a motion to suspend the MP until the end of the session. These powers are common to the presiding officers of both Houses.
• In 2001, during Speaker G M C Balayogi’s term, Lok Sabha changed its rules to give the Speaker more powers to deal with grave and disorderly conduct.
• As per this new rule, the Speaker can “name” an MP, who shall then automatically stand suspended for five days or the remaining part of the session. This rule removes the need for the House to pass a motion for suspension. Rajya Sabha has not incorporated this provision in its procedures.

Can courts intervene in a matter of suspension of MPs?

• Article 122 of the Constitution says parliamentary proceedings cannot be questioned before a court: “No officer or Member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers”.
• In some cases, however, courts have intervened in the procedural functioning of legislatures. For example, the Maharashtra Legislative Assembly passed a resolution in its 2021 Monsoon Session suspending 12 NDA MLAs for a year. The matter came before the Supreme Court, which held that the resolution was ineffective in law beyond the remainder of the Monsoon Session.

3.LOK SABHA PASSES BILL TO CREATE STATUTORY FRAMEWORK FOR DOPING WATCHDOG

THE CONTEXT: The Lok Sabha passed the National anti-doping bill, to provide a statutory framework in the form of legislation for prohibition of doping in sports in the country.

THE EXPLANATION:

The National Anti-Doping Bill, 2021, was first introduced in Lok Sabha in December. It was then scrutinised by a standing committee comprising members of both Lok Sabha and Rajya Sabha.

What is Doping?

• Doping is the practice of using banned performance enhancing drugs (PEDs) by athletes.
• The aim of doping, as the name implies, is to increase one’s ability to perform at an event. In broad terms, this is achieved through enhancing muscle mass, getting an artificial boost in energy ahead of a sporting event, reducing recovery time, and concealing the effects of other drugs.
• The first official case of doping was reported during the 1904 Olympics, and has, since then, plagued the world of sports.

What is the Anti-Doping Bill All About?

• The bill aims to grant greater powers to the National Anti-Doping Agency to conduct investigations, searches, and seizures, and ensure the proper functioning of the National Dope Testing Laboratory (NDTL).
• In official terms, the NADA will have the power of “levying sanctions for anti-doping rule violations, the disciplinary procedures to be adopted and the powers of inspection, sample collection and sharing and free flow of information.”
• Currently, the NADA does not have the power to conduct raids if it suspects or has proof of doping activities ongoing in any premises, including national camps.
• These provisions gain prominence amid a rising concern with regard to doping in India over the years.
• The country was placed at the third position among nations with the most doping violations, as per a 2019 report by the World Anti-Doping Agency. Russia and Italy are the only two countries that surpassed India in this regard.

THE ENVIRONMENT, ECOLOGY AND CLIMATE CHANGE

4.SOME 85% DISTRICTS IN INDIA NOW FACE ARID CONDITIONS

THE CONTEXT: According to the Aridity Anomaly Outlook Index for July 2022, issued by India Meteorological Department (IMD), which states that at least 85 per cent of districts face arid conditions across India.

THE EXPLANATION:

HIGHLIGHTS OF THE INDEX:

• Only 63 of 756 districts were non-arid, while 660 were facing different degrees of aridity — mild, moderate and severe. This, even as the kharif crop season is underway and the southwest monsoon is towards the end of its second month.
• The index monitors agricultural drought, a situation when rainfall and soil moisture are inadequate to support healthy crop growth till maturity, causing crop stress.
• An anomaly from the normal value would thus signify a water shortage in these districts that could directly impact agricultural activity.
• Some 196 districts are in the grip of a ‘severe’ degree of dryness and 65 of these are in Uttar Pradesh. The state had reported the highest rainfall deficit of 54 per cent from the beginning of the monsoon till July 25.
• Bihar had the second highest number of districts (33) experiencing arid conditions. The state also has a high rainfall deficit of 45 per cent.
• Other districts facing ‘severe arid’ conditions are Jharkhand, Haryana, Madhya Pradesh, Delhi, Telangana, Maharashtra, Andhra Pradesh, Jammu and Kashmir, Punjab, West Bengal, Rajasthan, Karnataka and Tamil Nadu.

According to the Drought Early Warning System (DEWS), a real-time drought monitoring platform managed by the Indian Institute of Technology, Gandhinagar (IIT-G), the area under drought had increased marginally compared to a week before.

• As of July 26, almost 13.59 per cent of India was facing drought-like conditions, compared to 13.32 per cent as of July 19. The data has not been updated since July 26.
• Out of the 13.59 per cent area, 4.65 per cent was recorded as being ‘severe’ to ‘exceptionally’ dry. These areas belong to Uttar Pradesh, parts of West Bengal, Jammu and Kashmir and Jharkhand.

VALUE ADDITION:

Global Efforts to Prevent Desertification

• DAY To bring 150 million hectares of the world’s deforested and degraded land into restoration by 2020, and 350 million hectares by 2030.
• Goal 15 of Sustainable Development Goals (SDG), 2030: It declares that “we are determined to protect the planet from degradation, including through sustainable consumption and production.”
• United Nations Convention to Combat Desertification (UNCCD): It was established in 1994, the sole legally binding international agreement linking environment and development to sustainable land management.
• The World Day to Combat Desertification and Drought is observed every year on 17th June.
• Great Green Wall: Initiative by Global Environment Facility (GEF), where eleven countries in Sahel-Saharan Africa have focused efforts to fight against land degradation and revive native plant life to the landscape.

5.WORLD TIGER DAY: THE TIGER WAS NOT ENDEMIC TO INDIA; IT CAME HERE FROM CHINA

THE CONTEXT: On July 29, the International Tiger Day is celebrated across the world. It is also known as World Tiger Day. Year 2022 is marking the 12th International Tiger Day. The day is aimed at promoting a global system to protect natural habitats of tigers, raising public awareness on risks and challenges faced by tigers worldwide.

THE EXPLANATION:

History of the day:

• The World Tiger Day was founded in 2010, during Saint Petersburg Tiger Summit 2010.
• During the summit, representatives from 13 countries declared that; tiger-populated countries will start initiatives to double the population of tiger by 2022.

Risks faced by Tigers:

• As per World Wildlife Fund (WWF), number of wild tigers have decreased by over 95% and only 3900 wild tigers are left in the world.
• The number of tigers is decreasing due to cutting down trees and destruction of natural habitat.
• Climate change, poaching, Illicit commerce, and killing are other factors leading to decrease in population.
• Tigers are now counted among those animals, which are on the verge of extinction.
• Thus, the International Tiger Day is celebrated every year, to raise awareness on importance of tiger conservation.

Tigers in India:

Tiger is the national animal of India. The country is home to more than half of world’s wild tigers, with an estimated 2,226 number of Tigers. However, since 2012, India has lost 1,059 tigers. Madhya Pradesh recorded highest number of deaths. Madhya Pradesh is known as ‘tiger state’ of India. As per National Tiger Conservation Authority (NTCA), 75 tigers have lost life so far in 2022.

 THE ECONOMIC DEVELOPMENTS

6.SUPREME COURT UPHOLDS POWERS OF ARREST, RAIDS, SEIZURE UNDER PMLA

THE CONTEXT: Recently, the Supreme Court upheld the core amendments made to the Prevention of Money Laundering Act (PMLA), which gives the government and the Enforcement Directorate (ED) virtually unbridled powers of summons, arrest, and raids, and makes bail nearly impossible while shifting the burden of proof of innocence on to the accused rather than the prosecution.

THE EXPLANATION:

• The apex court called the PMLA a law against the “scourge of money laundering” and not a hatchet wielded against rival politicians and dissenters.
• Also, the court highlighted that “this is a sui generis (unique) legislation… The Parliament enacted the Act as a result of international commitment to sternly deal with the menace of money laundering of proceeds of crime having transnational consequences and on the financial systems of the countries.
• The verdict came on an extensive challenge raised against the amendments introduced to the 2002 Act by way of Finance Acts. The three-judge Bench said the method of introduction of the amendments through Money Bills would be separately examined by a larger Bench of the apex court.

WHAT IS MONEY LAUNDERING?

• Money laundering has been addressed in the UN Vienna 1988 Convention Article 3.1 describing Money Laundering as:
• “the conversion or transfer of property, knowing that such property is derived from any offense(s), for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in such offense(s) to evade the legal consequences of his actions”.
• Money laundering is a process which typically follows three stages to finally release laundered funds into the legal financial system.

3 Stages of Money Laundering

1.       Placement (i.e. moving the funds from direct association with the crime)

2.       Layering (i.e. disguising the trail to foil pursuit)

3.       Integration (i.e. making the money available to the criminal from what seem to be legitimate sources)

What is the Issue?

• The petitioners had argued that the ED could arrest a person even without informing him of the charges. This power was violative of the right to ‘due process’ enshrined in Article 21 of the Constitution. Besides, Article 22 mandated that no person can be arrested without informing him or her of the grounds of the arrest, they had contended.
• The court rejected the notion that the ED has been given blanket powers of arrest, search of person and property and seizure. The court said there were “in-built safeguards” within the Act, including the recording of reasons in writing while effecting arrest.
• Besides, the Bench noted that the Special Court could verify using its own discretion if the accused need to be further detained or not.
• The court said not showing the Enforcement Case Investigation Report (ECIR) or not supplying the accused with a copy of the document was a violation of constitutional rights.
• “Money laundering is an offence against the sovereignty and integrity of the country,” the court noted. It gave an expansive meaning to the offence of “money laundering” to include “every process and activity”, direct or indirect, dealing with the proceeds of the crime.

VALUE ADDITION:

What is Prevention of Money Laundering Act, 2002 (PMLA)?

• It was enacted to fight against the criminal offence of legalizing the income/profits from an illegal source.
• It enables the Government or the public authority to confiscate the property earned from the illegally gained proceeds.

Objectives:

• Prevent money-laundering.
• Combat/prevent channelising of money into illegal activities and economic crimes.
• Provide for the confiscation of property derived from, or involved/used in, money-laundering.
• Provide for matters connected and incidental to the acts of money laundering

PMLA Amendment 2019:

The amendment further widened the definition an explanation was inserted to this section which states that,

• the term proceeds of crime include not only the property derived from scheduled offence
• but would also include any other property derived or obtained indulging into any criminal activity relate-able or similar to the scheduled offence.
• Addition to section 44:
• sub-section (1) clause (b): makes it obligatory on the part of the authorized authority to file the closure report before the special court that had taken the cognizance of the offence in a situation when no offence is made out after conducting the investigation;
• sub-section (1) clause (d): the court that deals with the offence under this by way trial, investigation or enquiry shall not depend itself upon the orders that the same court shall pass with regard to the scheduled offence.

 THE PRELIMS PRACTICE QUESTIONS

QUESTION OF THE DAY

Q.‘Bhaamaakalaapam’ is related to which of the following classical dance form of India?

a) Kathakali

b) Bharatnatyam

c) Odissi

d) Kuchipudi

ANSWER FOR THE PRACTICE QUESTION

Answer: D

Explanation:

• Kuchipudi is one of the classical styles of Indian dance.
• In 17th century Kuchipudi style of Yakshagaana was conceived by Siddhendra Yogi a talented Vaishnava poet and visionary who had the capacity to give concrete shape to some of his visions.
• It is said that Siddhendra Yogi had a dream in which Lord Krishna asked him to compose a dance-drama based on the myth of the bringing of paarijaata flower for Sathyabhaama, the most beloved queen of Krishna. In compliance with this command Siddhendra Yogi composed the Bhaamaakalaapam which is till now considered the piece-deresistance of the Kuchipudi repertoire. Siddhendra Yogi initiated young Brahmin boys of Kuchipudi village (Andhra Pradesh) to practice and perform his compositions particularly Bhaamaakalaapam.
• It was LakshminarayanShastry (1886-1956) who introduced many new elements including solo dancing and training of female dancers in this dance style.
• To show the dexterity of the dancers in footwork and their control and balance over their bodies, techniques like dancing on the rim of a brass plate and with a pitcher full of water on the head was introduced.
• The music that accompanies the dance is according to the classical school of Carnatic music. The accompanying musicians, besides the vocalist are: a mridangam player to provide percussion music, a violin or veena player or both for providing instrumental melodic music, and a cymbal player who usually conducts the orchestra.

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