TOP 5 TAKKAR NEWS OF THE DAY (11th JANUARY 2023)

1. WHAT IS A COLD WAVE?

TAGS: PRELIMS PERSPECTIVE- GS-I- GEOGRAPHY

THE CONTEXT: In the month of January 2023, Delhi and other parts of northwest India have been reeling under a cold wave.

THE EXPLANATION:

  • Delhi recorded cold wave conditions for five consecutive days so far this (Jan) month, making it the longest such spell in a decade. The lowest minimum temperature recorded this month was 1.9 degrees Celsius on January 8, 2023 the second-lowest minimum temperature in January in 15 years.
  • While lower-than-normal temperatures were recorded over parts of Northwest India from the December 2022 , these conditions intensified in the first week of January. Fog and low cloud coverage brought severe cold day conditions to the region, when temperatures remained below normal over parts of Delhi, Punjab, Haryana, Chandigarh, Himachal Pradesh, Rajasthan, Uttar Pradesh and Madhya Pradesh.

What is a cold wave?

  • The IMD marks a cold wave in terms of minimum temperatures – when the minimum temperature in the plains is 4 degrees or less or when the minimum temperature is less than 10 degrees and 4.5 to 6.4 degrees below the normal.
  • According to scientist, one of the major factors contributing to colder than normal temperatures over north India this month is the large-scale fog cover. “While westerly and north-westerly winds of around 5 to 10 kmph in the afternoon have also been contributing to the dip in temperature, an important factor this month is fog, which has been lasting for longer durations, preventing sunlight from reaching the surface and affecting the radiation balance.
  • There is no heating in the day time, and then there is the impact of the night. Foggy or cloudy nights are usually associated with warmer nights, but if the fog remains for two or three days, cooling begins even at night”.

2. LAND SUBSIDENCE

TAGS: PRELIMS PERSPECTIVE- GS-I- GEOGRAPHY- GEOMORPHOLOGY

THE CONTEXT:The exact reason behind Joshimath land subsidence is still unknown but experts cite unplanned construction, over-population, obstruction of the natural flow of water, and hydel power activities as possible causes.

THE EXPLANATION:

What is Land Subsidence?

  • According to the National Oceanic and Atmospheric Administration(NOAA), subsidence is the sinking of the ground because of underground material movement.
  • It can happen for a host of reasons, man-made or natural, such as the removal of water, oil, or natural resources, along with mining activities. Earthquakes, soil erosion, and soil compaction are also some of the well-known causes of subsidence.
  • The subsidence can happen over very large areas like whole states or provinces, or very small areas like the corner of your yard.

According to the National Oceanic and Atmospheric Administration (NOAA), subsidence is the sinking of the ground because of underground material movement.

Reasons can be manmade or natural:

  • removal of water, oil, or natural resources, along with mining activities
  • Earthquakes
  • Soil erosion and
  • Soil compaction

Reasons behind Joshimath subsidence:

  • unplanned construction,
  • over-population,
  • obstruction of the natural flow of water and hydel power activities.
  • the area is a seismic zone, which makes it prone to frequent earthquakes.
  • the subsidence in Joshimath might have been triggered by the reactivation of a geographic fault —
  • defined as a fracture or zone of fractures between two blocks of rock — where the Indian Plate has pushed under the Eurasian Plate along the Himalayas.

3. OZONE HOLE

TAGS: PRELIMS PERSPECTIVE- GS-III- ENVIRONMENT & ECOLOGY

THE CONTEXT: According to a new assessment says the ozone layer will recover to 1980 values by 2066 over Antarctica; in Artic by 2045. Success of Montreal Protocol is noteworthy, but phasing out greenhouse gases is more difficult.

THE EXPLANATION:

  • The ozone ‘hole’, once considered to be the gravest danger to planetary life, is now expected to be completely repaired by 2066, a scientific assessment has suggested. In fact, it is only the ozone layer over Antarctica — where the hole is the most prominent — which will take a long time to heal completely. Over the rest of the world, the ozone layer is expected to be back to where it was in 1980 by 2040 itself, a UN-backed scientific panel has reported.
  • The recovery of the ozone layer has been made possible by the successful elimination of some harmful industrial chemicals, together referred to as Ozone Depleting Substances or ODSs, through the implementation of the 1989 Montreal Protocol. The assessment has reported that nearly 99 per cent of the substances banned by the Montreal Protocol have now been eliminated from use, resulting in a slow but definite recovery of the ozone layer.

Damage to the ozone layer

  • The depletion of the ozone layer, first noticed in the early 1980s, used to be the biggest environmental threat before climate change came along. Ozone (chemically, a molecule having three Oxygen atoms, or O3) is found mainly in the upper atmosphere, an area called stratosphere, between 10 and 50 km from the Earth’s surface. It is critical for planetary life, since it absorbs ultraviolet rays coming from the Sun.
  • UV rays are known to cause skin cancer and many other diseases and deformities in plants and animals.
  • Though the problem is commonly referred to as the emergence of a ‘hole’ in the ozone layer, it is actually just a reduction in concentration of the ozone molecules. Even in the normal state, ozone is present in extremely low concentrations in the stratosphere. Where the ‘layer’ is supposed to be the thickest, there are no more than a few molecules of ozone for every million air molecules.

Improvement in the situation

  • The ozone hole has been steadily improving since 2000, thanks to the effective implementation of the Montreal Protocol.
  • The latest scientific assessment has said that if current policies continued to be implemented, the ozone layer was expected to recover to 1980 values by 2066 over Antarctica, by 2045 over the Arctic, and by 2040 for the rest of the world.
  • The elimination of ozone-depleting substances has an important climate change co-benefit as well. These substances also happen to be powerful greenhouse gases, several of them hundreds or even thousands of times more dangerous than carbon dioxide, the most abundant greenhouse gas and the main driver of global warming.

Connect the dots:

  • Montreal Protocol
  • Paris Agreement
  • Ozone Depleting Substances or ODS’s.

4. SC DEMONETISATION VERDICT: WHAT IS DELEGATED LEGISLATION

TAGS:GS-II- POLITY

THE CONTEXT:In upholding the Centre’s 2016 decision on demonetisation, one of the key questions to decide for the Supreme Court was whether Parliament gave excessive powers to the Centre under the law to demonetise currency.

THE EXPLANATION:

While the majority ruling upheld the validity of the delegated legislation, the dissenting verdict noted that excessive delegation of power is arbitrary.

What is delegated legislation?

Parliament routinely delegates certain functions to authorities established by law since every aspect cannot be dealt with directly by the law makers themselves. This delegation of powers is noted in statutes, which are commonly referred to as delegated legislations.

  • The delegated legislation would specify operational details, giving power to those executing the details. Regulations and by-laws under legislations are classic examples of delegated legislation.
  • A 1973 Supreme Court ruling explains the concept as: “The practice of empowering the Executive to make subordinate legislation within a prescribed sphere has evolved out of practical necessity and pragmatic needs of a modern welfare State.
  • At the same time it has to be borne in mind that our Constitution-makers have entrusted the power of legislation to the representatives of the people, so that the said power may be exercised not only in the name of the people but also by the people speaking through their representatives. The role against excessive delegation of legislative authority flows from and is a necessary postulate of the sovereignty of the people.”

What was the delegation of power in the demonetisation case?

  • Section 26(2) of the Reserve Bank of India Act, 1934 essentially gives powers to the Centre to notify that a particular denomination of currency ceases to be legal tender.
  • The provision reads: “On recommendation of the Central Board the Central Government may, by notification in the Gazette of India, declare that, with effect from such date as may be specified in the notification, any series of bank notes of any denomination shall cease to be legal tender.”

Why is excessive delegation power an issue?

  • A 1959 landmark ruling in Hamdard Dawakhana v Union of India, the Supreme Court had struck down delegation of powers on the grounds that it was vague. A Constitution Bench considered the validity of certain provisions of the Drug and Magic Remedies (Objectionable Advertisements) Act that prohibited advertisements of certain drugs for treatment of certain diseases and dealt with the powers of search, seizure and entry.
  • The Court held that the central government’s power of specifying diseases and conditions as given in Section 3(d) is ‘uncanalised’, ‘uncontrolled’, and going beyond the permissible boundaries of valid delegation. Hence, the same was deemed unconstitutional.

5. INDIAN BLACKBUCK

TAGS: PRELIMS PERSPECTIVE-ENVIRONMENT & ECOLOGY

THE CONTEXT:A new study conducted by the Indian Institute of Science (IISc) has shed light on how blackbuck in India have fared in the face of natural and human-induced challenges to their survival.

THE EXPLANATION:

  • The blackbuck is found only on the Indian subcontinent. While males have corkscrew-shaped horns and black-to-dark brown coats, the females are fawn-coloured. The animals are mainly seen in three broad clusters across India that pertain to the northern, the southern, and the eastern regions.
  • This geographic separation as well as dense human habitation between the clusters would be expected to make it difficult for them to move from one location to another.

Genetic profiling

  • The researchers tracked the animals on foot and in vehicles from a distance to collect the samples. In the lab, they extracted and sequenced the DNA from the faecal samples to study the genetic makeup of blackbuck, and deployed computational tools to map the geographic locations with the genetic data. The team also used simulations to trace how the three present-day clusters may have evolved from their common ancestor.
  • What they found was that an ancestral blackbuck population first split into two groups: the northern and the southern cluster. The eastern cluster seems to have emerged from the southern cluster.
  • Next, the team found that despite all odds, male blackbuck appear to disperse more than expected, thus contributing to gene flow in this species. Females, on the other hand, appear to stay largely within their native population ranges, which the researchers inferred from unique mitochondrial signatures in each population. The data also showed an increasing trend in blackbuck population numbers as compared to the recent past.

VALUE ADDITION:

  • Indian Blackbuck (Antilope cervicapra) is an antelope and is the only living species of the genus Antilope.
  • It is considered to be the fastest animal in the world next to Cheetah.
  • The horns of the blackbuck are ringed with one to four spiral turns and the female is usually hornless.
  • Habitat: 
    • Blackbuck inhabits grassy plains and slightly forested areas.
    • Due to its regular need of water, it prefers areas where water is perennially available.
    • It is found in Central- Western India (MP, Rajasthan, Gujarat, Punjab, Haryana, Maharashtra and Odisha) and Southern India (Karnataka, Andhra Pradesh, and Tamil Nadu).
  • Protection Status: 
    • Hunting of blackbuck is prohibited under Schedule I of the Wildlife Protection Act of 1972.
    • It has been categorised least concerned in IUCN Red Data Book.
  • The Bishnoi community of Rajasthan is known worldwide for their conservation efforts to blackbuck and Chinkara.



Ethics Through Current Development (11-01-2023)

  1. Courage to take independent and firm decisions READ MORE
  2. Well-being and ill-being READ MORE
  3. Let’s rediscover Vivekananda READ MORE



Today’s Important Articles for Geography (11-01-2023)

  1. What is a cold wave, why northwest India is shivering READ MORE
  2. Ozone hole, filling up now READ MORE
  3. A mountain reeling under human aggression READ MORE



Today’s Important Articles for Sociology (11-01-2023)

Tracking learning outcomes: ASER’s work through the pandemic READ MORE




Today’s Important Articles for Pub Ad (11-01-2023)

  1. Bad and ugly: On the Tamil Nadu Governor’s walkout from the Assembly READ MORE
  2. Indian campuses of foreign universities are a win-win for students and institutes READ MORE
  3. Why we need to look beyond GST while regulating online gaming READ MORE
  4. The guvs are off: Governors in some opposition-ruled states are keeping bills pending for long, violating constitutional spirit READ MORE
  5. An opportunity to redesign draft data protection law READ MORE
  6. Joshimath a policy disaster: Bigger projects being allowed with little regard for  environmental fallout READ MORE



WSDP Bulletin (11-01-2023)

(Newspapers, PIB and other important sources)

Prelim and Main

  1. New PLI scheme for IT server, hardware to offer more sops for IP designed in India READ MORE  
  2. Supreme Court Collegium recommends judicial appointments to five High Courts READ MORE
  3. Minimal improvement in air quality in cities under National Clean Air Programme READ MORE
  4. U.S. fund to help restore Paigah Tombs in Hyderabad READ MORE
  5. SC to decide validity of Section 6A of Citizenship Act READ MORE
  6. Micro-seismic observatories to be set up in Joshimath this week: Union minister Jitendra Singh READ MORE
  7. New reactor powered by sun can convert plastic, CO2 into fuel READ MORE
  8. SC demonetisation verdict: What is delegated legislation READ MORE

Main Exam

GS Paper- 1

  1. What is a cold wave, why northwest India is shivering READ MORE
  2. Ozone hole, filling up now READ MORE
  3. A mountain reeling under human aggression READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

  1. Bad and ugly: On the Tamil Nadu Governor’s walkout from the Assembly READ MORE
  2. Indian campuses of foreign universities are a win-win for students and institutes READ MORE
  3. Why we need to look beyond GST while regulating online gaming READ MORE
  4. The guvs are off: Governors in some opposition-ruled states are keeping bills pending for long, violating constitutional spirit READ MORE
  5. An opportunity to redesign draft data protection law READ MORE

SOCIAL ISSUES

  1. Tracking learning outcomes: ASER’s work through the pandemic READ MORE

INTERNATIONAL ISSUES

  1. Lessons from Russia’s Ukraine war READ MORE
  2. India’s G20 — Focus must be on emerging as a bridge between the developing and developed world READ MORE
  3. Time to rebuild relations with Egypt READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

  1. How inflation surge could help Govt balance its fiscal math READ MORE
  2. It is wrong to penalise CCI appeals READ MORE
  3. Green hydrogen mission: A boost for clean energy READ MORE

ENVIRONMENT AND ECOLOGY

  1. Draconian, Toothless~II READ MORE
  2. How increasing tourism in Antarctica threatens its unique ecosystems READ MORE

SECURITY

  1. China cyberwar: Beijing’s dominance in IoT & smart technology & vulnerabilities for India READ MORE

DISASTER MANAGEMENT

  1. Joshimath and the need to regulate economic activity in hills more sensibly READ MORE
  2. BL Explainer: What led to the sinking of Joshimath READ MORE
  3. Joshimath a policy disaster: Bigger projects being allowed with little regard for  environmental fallout READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

  1. Courage to take independent and firm decisions READ MORE
  2. Well-being and ill-being READ MORE
  3. Let’s rediscover Vivekananda READ MORE

Questions for the MAIN exam

  1. ‘Hosting G20 summit is an opportunity for India to be emerged as a bridge between the developing and developed world’. Critically examine.
  2. ‘A flawed process led to erroneous policy which is counterproductive and which resulted in not only damage to democracy but to huge adverse impact on the public, especially the poor’. Critically analyse the statement in the light of recent judgement on demonetization.

QUOTATIONS AND CAPTIONS

  • The first law of ecology is that everything is related to everything else.
  • The Census alone can provide population data for every village and town, data for the delimitation of constituencies and for determining the quantum of reservation, and validate or reject estimates.
  • The first Census after 2026 would be used for delimitation of parliamentary and Assembly constituencies and for apportionment of parliamentary seats among the States. Due to the disparity in growth rates between the States, there could be changes in the distribution of seats in Parliament.
  • Anti-microbial resistance is an impending health catastrophe and requires a multi-disciplinary approach and investment in R&D.
  • India’s fundamentals continue to remain strong even in times when the world is facing economic turbulence caused by a devastating public health crisis and geopolitical complexities.
  • Data localisation calls for building a demanding infrastructure, rather than mandating a requirement to store data locally.
  • A nation that wants to emerge as an economic power and a political force on the world stage ought to have a more responsive and imaginative administration.
  • The industry, with the motive of cashing in on its profits the maximum, wants the Government to bear the expenses that it should ideally have done itself
  • A lot of challenges might make diversity a difficult task to include in clinical trials, but there are many ways through which diversity can be promoted and provide benefits to all sections of society.
  • Diversity is necessary for clinical research, because it secures the results that constitute all the groups of people in the world. The generalisation of the result is important, and ethical, and should be able to find the different ways in which treatment might affect the people of all groups.
  • Greater ambition in terms of fiscal consolidation will pay dividends in the medium-term future. It will reduce inflationary pressure, increase the space for private investment, and induce economic growth dynamism. Policymakers in the finance ministry should not miss this opportunity.
  • Global efforts must counter such regressive trends in policy framework and implementation process by involving multiple actors from community leaders and civil society to governments.
  • Even as democratic Europe confronts the strategic fallout and human distress caused by Russia’s warmongering, it should step up its economic contribution to the well-being of Asia – and the rest of the developing world.
  • A flawed process led to erroneous policy which is counterproductive and which resulted in not only damage to democracy but to huge adverse impact on the public, especially the poor.

50-WORD TALK

  • Bombay HC’s sharp words against CBI for flouting criminal procedural law in arresting Chanda Kochhar is a reminder to probe agencies to desist from arbitrary detentions and arrests. Investigations mustn’t become a tool for harassment. Judiciary guarding personal liberty is laudable. It must punish investigators showing wanton disregard for it.
  • Tamil Nadu governor RN Ravi is showing an uncanny penchant for controversies. Proclaiming himself Tamizhaga governor, dropping state emblem from Pongal invitations and changing government-approved assembly speech were unwarranted and provocative. Raj Bhawans in non-NDA-ruled states have made a charade of PM Modi’s cooperative federalism talks. Blame is on him.

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 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.



TOPIC : A CRITICAL EXAMINATION OF THE BAN ON THE POPULAR FRONT OF INDIA IN THE LIGHT OF NATIONAL SECURITY

THE CONTEXT: In September 2022, the Ministry of Home Affairs (MHA) declared the Popular Front of India (PFI) and its front organisations as an “unlawful association” under the Unlawful Activities (Prevention) Act (UAPA) and banned the organisation and eight other organisations for five years. Against this backdrop, we analyse the procedure of declaring any association or organisation as unlawful, its impact on constitutional freedoms and the effectiveness of banning.

ABOUT POPULAR FRONT OF INDIA (PFI)

The PFI projects itself as an organisation that fights for the rights of minorities, Dalits, and marginalised communities. It was created in 2007 through the merger of three organisations: The National Democratic Front in Kerala; The Karnataka Forum for Dignity and The Manitha Needhi Pasarai in Tamil Nadu. In 2009, a political outfit named Social Democratic Party of India (SDPI) evolved out of the PFI, with the stated goal of “advancement and uniform development of all the citizenry including Muslims, Dalits, Backward Classes and Adivasis” and to “share power fairly among all the citizens”.

Instances when PFI was at odds with the law:

  • The court convicted the association members for the attack on a college professor in Kerala in 2010 for the alleged derogatory questions asked by the professor about the Prophet Muhammad.
  • More recently, members from the group were also linked to the beheading of a Hindu man in the western state of Rajasthan in June 2022.
  • In Karnataka, the government has often cited murders of workers of right-wing groups by alleged PFI cadre to seek a ban on the PFI. However, in more than 310 cases registered against the PFI in Karnataka since 2007, there have been convictions in only five.
  • In Feb 2018, the then state government in Jharkhand banned PFI alleging that some of its members were internally influenced by ISIS. The state government imposed the ban under Section 16 of the Criminal Law Amendment Act 1908. But in August 2018, the Jharkhand High Court revoked the ban, noting that the State had not followed due procedure before announcing the ban.

REASONS CITED BY THE CENTRE FOR THE CURRENT BAN

The Union government has listed reasons to ban the group, such as:

  1. The PFI and its cadre repeatedly engage in violent and subversive acts, including involvement in several criminal and terror cases, disrespect towards constitutional authority, receiving funds from abroad through hawala and using them in suspicious ways, and posing a major threat to national security.
  2. Having linkages with ISIS and the Jamat-ul-Mujahideen Bangladesh.
  3. Not functioning according to its stated objectives, and its sources of funds were not supported by the financial profile of account holders; and
  4. States of Uttar Pradesh, Karnataka, and Gujarat had recommended a ban on the PFI.

LEGAL PROVISIONS UNDER UAPA FOR DECLARING ANY ASSOCIATION AS UNLAWFUL

According to legal scholars, the declaration of an outfit/association as unlawful can be made in two ways under the UAPA:

  1. Under section 3 of the UAPA: declaring the organisation “unlawful” via an official notification in The Gazette of India.
  2. Under section 35 of the UAPA: by amending the act and adding the organization to a list of 42 terrorist organizations.

The PFI ban came under the first method, with the Ministry of Home Affairs issuing a notification declaring PFI unlawful in September 2022

  • The ban extends to other associated bodies as well, including the Rehab India Foundation (RIF), Campus Front of India (CFI), All India Imams Council (AIIC), National Confederation of Human Rights Organization (NCHRO), National Women’s Front, Junior Front, Empower India Foundation and Rehab Foundation, Kerala.
  • The political arm of the PFI, the Socialist Democratic Party of India (SPPI), has not been included in the list of banned outfits.

PROCESS OF BANNING AN ASSOCIATION/ORGANISATION

  1. Before issuing a notification under Section 3 of the UAPA, the government analyses threat perception to peace in the country, secession activities, territorial safety, terrorism etc. The recommendations and complaints by a state government can also be considered based on FIRs filed or incidents in the state.
  2. Section 3 also allows the government to implement an “immediate ban” on an organisation by issuing a Gazette notification and is also required to give reasons and allegations against the organisation and its members.
  3. Within 30 days of the notification, the government has to set up a tribunal, headed by a sitting Judge of a High Court, to consider the evidence and allegations. The tribunal has the power to consider the evidence, hear the objections from the organisation or its members/supporters and then take a decision to confirm or deny the ban. The Tribunal has six months under the law to conduct proceedings and either accept or reject the proposed ban.
  4. If the tribunal upholds the ban, the organisation can also move an appeal before the concerned High Court in case it can show “patent error” or “perversity” in the tribunal order and show that the tribunal ignored vital evidence.

POSSIBLE IMPACT OF DECLARING ANY ASSOCIATION AS UNLAWFUL UNDER UAPA

SECTION 7

  • The Central government can identify people who are in possession of money that is used or handled for the purposes of the unlawful association and serve prohibitory orders on them to stop them from using, managing or handling any funds for the activities of the unlawful association.

SECTION 8

  • The Centre can notify any properties it identifies as being used by or for unlawful associations and initiate action to prohibit gatherings or entry at the property.

SECTION 10

  • Any person who attends the meetings of the PFI, contributes money to the outfit, or solicits contributions for the PFI, can face a prison sentence of up to two years under the UAPA.
    o This will include any members of the PFI, anyone campaigning for funds or even donating/contributing money to the PFI, or anyone assisting with the operations of the outfit.
    o Anyone organizing activities or events and those attending the said events could all face arrest and fines under this provision.
  • Members of the PFI or anyone who voluntarily aids the PFI, who also owns a weapon, explosive, or means of mass destruction, and commits any act that causes significant loss to property or life, or grievous injury, can face a minimum of five years in prison, which can extend to life imprisonment, and a fine.
  • NOTE: Anyone arrested before the notification was issued cannot be charged under these sections of the UAPA for involvement with unlawful associations; however, they can still be charged with terror activities.

SECTION 11

  • Anyone who handles, transfers, or manages the funds of the organisation, including “moneys, securities or credits”, can face up to three years imprisonment and a fine. The Centre can also order recovery of the money/funds from the person.

SECTION 13

  • Anyone who incites, aids, or abets the commission of unlawful activity can face imprisonment of up to seven years.
  • It also provides for up to five years imprisonment for assisting in the commission of any unlawful activities.

EXAMPLES OF BANNED ORGANISATIONS IN INDIA

  • As of October 2022, there are 42 organisations termed as terrorist organisations and are included in the first schedule of UAPA (1967), such as Babbar Khalsa International, Lashkar-E-Taiba, United National Liberation Front, Maoist Communist Centre (MCC), all its formations and Front Organisations etc. however there are over 15 organisations/associations termed as Unlawful Associations under Section 3 Of Unlawful Activities (Prevention) Act, 1967 such as Students Islamic Movement of India (SIMI), United Liberation Front of Asom (ULFA), All Tripura Tiger Force (ATTF) etc.

INTERPLAY BETWEEN THE FREEDOM OF ASSOCIATION AND NATIONAL SECURITY

  • Article 19(1)(c) of the Constitution of India provides all citizens with the right to form associations, unions or co-operatives. It also includes the right to form political parties, societies, clubs, organisations etc. however, these rights are not absolute, and the state can impose reasonable restrictions on the exercise of this right on the grounds of sovereignty and integrity of the country, public order and morality only as mentioned under Article 19(4).
  • Associations/Organisations play a significant part in determining the perception of an individual and persuading him to have a broader vision and a widened approach towards everything happening in society. The Constitution ensures that no citizen residing within the territorial jurisdiction of the country is deprived of this right granted under Art 19(1)(c). But at the same time, the citizens must ensure that in due course of the formation of a particular association as well as during the period of the membership, harmony, discipline, and order continues to persist in the society.
  • The legislature also has powers to make laws for imposing reasonable restrictions; however, the provisions under UAPA are stringent and are prone to be misused by the government, so much so that it allows the government to declare unilaterally any association as unlawful. Such powers contradict constitutional schemes and more so in the context of national security. The opportunity for the association to present their side is given only when the decision is made by the government and the members can only contest that decision in the tribunal, which also goes against the philosophy of natural justice. However, in light of contemporary security challenges, such power given to the government under the UAPA becomes imperative.

WHETHER THE BAN ON ASSOCIATIONS UNDER UAPA IS AN EFFECTIVE METHOD TO ADDRESS THE ISSUE OF NATIONAL SECURITY

ARGUMENTS IN FAVOUR 

  • The law has a legal mandate as it is enacted by the Parliament after deliberations and discussions and shows the wisdom of the Parliament that after intense discussion and deliberations it came to a conclusion that, banning an association can be an effective method to deal against unlawful associations.
  • There are various examples in the past when the banning of an organisation has helped in curbing the antisocial and secessionist voices.
  • Banning the association is not a knee-jerk reaction. The government has had multiple scrutinises and evaluations over a period of time and then reached the decision.
  • The present case is not a one-off incident in the country. We have seen associations being banned in the past across the globe for various reasons, be it their political ideologies or religious inclinations.

COUNTER ARGUMENTS

  • The banning of an association might not be of much utility against the challenges of radicalisation and national security as the party can reincarnate with a changed form or name. It has also been alleged that the members of the banned SIMI are the founding members of the PFI.
  • Banning an association is superficial as it may not address the underlying issues such as lack of proper implementation of laws, administrative inefficiency, social dissonance among the community members etc.
  • Various scholars have also pointed out that the assertive majoritarian politics have also led to the sprouting of such associations, which also garner social acceptance at times.

NEED FOR REFORMS IN THE PROCEDURES UNDER UAPA TO BAN AN ASSOCIATION

The UAPA is a stringent law and overrides the usual safeguards provided under the Indian Penal Code. Though the statute was brought in with an objective contrary to what we see today, the general perception of the UAPA is that over the years it has degenerated into a lethal weapon to quell dissent, and has been used by successive governments to legitimise sinister motives.
Powers extended to the government under UAPA are also very wide, as the government can unilaterally declare an organisation/association as unlawful without giving an opportunity to the members of the concerned organisation. There is a likelihood of misuse of this power.
The process of setting up a Tribunal and its functioning are also not transparent and it is perceived that its decisions lean towards favouring the government.
In light of the progressive jurisprudence and increasing democratisation of society, it is held that some of the provisions of UAPA are not conforming to the modern liberal democratic principles, and it is imperative to make reforms in the law to make it more relevant to contemporary times.

THE WAY FORWARD:

  1. In contemporary times the threats to national security have multiplied and have also become more complex in the present era of cyber terrorism and narco-terrorism, which makes it imperative to have some extraordinary measures to deal against them and maintain the unity and integrity of the country.
  2. India being a democratic country, makes constitutional provisions for the Fundamental Rights to every citizen, which are also promoted by the government. Still, such unilateral banning of the associations should also maintain the rights of the individuals and the organisation.
  3. As jurists have pointed out, there is a need to review various provisions of UAPA, not only dealing with the provisions concerned with the associations but UAPA as a whole. As per the NCRB data, the conviction rate under the UAPA law is low (2.4 % is 2018, 1.7 % in 2019 and 6% in 2020), hence it is imperative for the government to use the law wisely and sparingly and/or needed reforms in the law shall be made to keep it relevant in contemporary times.
  4. Banning the organisation may help the government in achieving the short-term objectives, but the ideology behind the organisation might stay alive for a longer time as they have roots in socio-economic issues; the more comprehensive and multi pronged approach of Winning Hearts and Minds (WHAM) shall be applied by the government to address these fundamental challenges of national security.
  5. The constitutionality of the UAPA Law is sub judice, and given the nature of the challenge and past criticisms of the legislation, the apex court can read down some of the stringent provisions of the law, even if not scrapping it completely to make it more relevant and in consonance with the modern democratic ethos.

THE CONCLUSION: Although the government is well within its legal and moral mandate to ban the organisation as unlawful and achieve the objective of national security, law and order might not be the only issue underlying national security and dealing with a coercive force. It is essential for the government to maintain a balance between scaring and caring. Scaring or coercive action by the government might not always be the best approach for dealing with the issues. Along with the force of law, the government shall also use a benevolent approach to address the problems of national security and devise a multipronged strategy which cuts across the rule of law, welfare, development and good governance.

Mains Practice Questions:

  1. The important criticism of UAPA is that it is antithetical to constitutional freedoms. Do you agree? Justify your view.
  2. Critically analyse whether merely banning an organisation as “unlawful” will provide an effective firewall against national security challenges?
  3. While the politico-legal action of banning and cracking down on a radical outfit is very much needed to curb violent activities, the solution to radicalism lies in investing at the social level. Analyse the statement.



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