1. NARI ADALAT
TAG: GS 2: JUDICIARY
THE CONTEXT: The Centre is launching a unique initiative of setting up women-only courts at the village level as an alternate dispute resolution forum for issues like domestic violence, property rights and countering the patriarchal system.
EXPLANATION:
- The scheme would be launched on a pilot basis in 50 villages each in Assam and Jammu and Kashmir from August and would be extended to the rest of the country over the next six months.
- The Nari Adalat though does not hold any legal status.
- This platform leverages their potential as advisers and leaders within their communities, functioning as a pressure group.
- The Nari Adalat of each village would have 7-9 members, half of which would be the elected members of the gram panchayat and the other half women like teachers, doctors and social workers would be nominated by the villagers.
- It will cater to individual cases of all women and girls who require assistance or have grievances within the local community.
- Its main functions include raising awareness about the government schemes and legal rights and entitlements of women and resolving cases falling within its jurisdiction.
- The services provided will include alternate dispute resolution and grievance redressal, counselling, evidence-based decision making, pressure group tactics, negotiation, mediation among others.
- Additionally, the platform will engage with citizens, promoting awareness about women’s rights, legal opinions, various schemes and collecting public feedback.
- Members known as Nyaya Sakhis or legal friends will be nominated or selected by the gram panchayat. The head of Nari Adalat called the Mukhya Nyaya Sakhi or chief legal friend will be chosen among the Nyay Sakhis. The tenure of the head will be generally six months after which a new one will be selected.
- The scheme would be run by the Ministry of Women and Child Development under the Sambal sub-scheme of Mission Shakti, which is dedicated to strengthening women’s safety, security and empowerment.
- The implementation process will be done in collaboration with the Ministry of Panchayati Raj, the Ministry of Rural Development and Common Service Centers operated by the Ministry of Electronics and Information technology.
- The matters redressed through these Lok Adalats are related to family affairs, matrimonial disputes, bigamy, succession, and motor vehicle accident disputes related to labour.
Alternative Dispute Resolution (ADR):
- The concept of Alternative Dispute Resolution (ADR) mechanism is capable of providing a substitute to the conventional methods of resolving disputes.
- ADR offers to resolve all type of matters including civil, commercial, industrial and family etc., where people are not being able to start any type of negotiation and reach the settlement.
- Generally, ADR uses neutral third party who helps the parties to communicate, discuss the differences and resolve the dispute.
- It is a method which enables individuals and group to maintain co-operation, social order and provides opportunity to reduce hostility.
Few important provisions related to ADR:
- The Acts which deals with Alternative Dispute Resolution are Arbitration and Conciliation Act, 1996 and, The Legal Services Authority Act, 1987
- Section 89 of the Civil Procedure Code, 1908 provides elements of settlement outside the court and refers to methods as : Arbitration, Conciliation, Mediation or Lok Adalat.
Lok Adalat:
- Lok Adalat is called ‘People’s Court’ presided over by a sitting or retired judicial officer, social activists or members of Legal profession as the chairman.
- National Legal Service Authority(NALSA) along with other Legal Services Institutions conducts Lok Adalats on regular intervals for exercising such jurisdiction.
- Any case pending in regular court or any dispute which has not been brought before any court of law can be referred to Lok Adalat.
- There is no court fees and rigid procedure followed, which makes the process fast.
Arbitration and Conciliation Act, 1996: This Act unites and manages the laws associated with domestic arbitration, international business arbitration, and the enforcement of foreign arbitral awards. It also defines the law related to conciliation
The Legal Services Authority Act, 1987: The Act envisions that no one will be denied access to justice because of disability or economic reasons, and aims to educate the public about the law, offer free legal aid, and establish Lok Adalats.
2. OUTCOMES OF THE RECENT GST COUNCIL MEETING
TAG: GS 3: ECONOMY; GS 2: POLITY
THE CONTEXT: Recently, 50th meeting of GST council took place in which decision to levy a uniform 28 per cent tax on full face value for online gaming, casinos and horse-racing among others were taken.
EXPLANATION:
Highlights of the meeting:
- Decision taken to levy a uniform 28% tax on full face value for online gaming, casinos and horse-racing to align it with the regulation of the Ministry of Electronics and Information Technology (MeitY).
- Tax on online gaming companies would be imposed without making any differentiation based on whether the games required skill or were based on chance.
- There will be an amendment to Schedule III of the GST Act and bringing in online gaming into the actionable claim list. However, betting, gambling and lottery are already in it and online gaming and horse racing will be included also into it.
- Decision was taken to reduce the rate for uncooked/ unfried snack pellets and imitation zari thread.
- The GST Council exempted GST on import of cancer drug Dinutuximab, and food used in Food for Special Medical Purposes (FSMP), along with satellite launch services provided by private operators.
- Food and beverages consumed in cinema halls will attract a GST of 5 per cent, equivalent to the levy charged in hotels and restaurants, instead of 18 per cent which was being charged by many cinema halls for composite food packages.
- The Council also recommended setting up of mechanism for appellate tribunals .
- Demands for state-wise benches were presented by various states, and the Council approved setting up of as many as 40 benches in phases.
- The definition of utility vehicles has been tweaked to allow the levy of 22 per cent cess over and above the 28 per cent GST rate.
GST Council
- GST council was established under Article 279A of the Indian Constitution.
- It serves as the apex committee responsible for recommending modifications, reconciliations, and exemptions related to GST.
Objectives of GST Council
- To ensure a smooth implementation of the GST, regulate the goods and services tax regime in India.
- To harmonize tax laws across states, to simplify the tax structure, eliminate cascading taxes, and reduce compliance costs.
- To monitor all the taxation processes to avoid fraudulent processes.
Regulation of Online gaming in India:
IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023) enacted for online gaming regulations:
- It mark an important milestone for the Indian online gaming industry.
- It contains rules for safeguarding Indian gamers and their funds against online scams and frauds,.
- It aims to encourage responsible gaming, and protect young and vulnerable users against online abuse and indecency.
- It has introduced the following concepts:
- Permissible online game: This includes permissible online real money games and all other online games which are not real money games.
- Permissible online real money game: This includes only such games which have been verified by a self-regulatory body (“SRB”)
3. MULTIDIMENSIONAL POVERTY INDEX (MPI)
TAG: GS 1: SOCIETY; GS 2: SOCIAL JUSTICE
THE CONTEXT: As per UNDP Multidimensional Poverty Index (MPI), 415 million Indians came out of multidimensional poverty in 15 years. The UN report noted that deprivation in all indicators declined in India.
EXPLANATION:
Highlights of the index:
- The UN report noted that deprivation in all indicators declined in India and “the poorest States and groups, including children and people in disadvantaged caste groups, had the fastest absolute progress.
- A total of 415 million people moved out of poverty in India within just 15 years from 2005-2006 to 2019-2021 highlighting the remarkable achievement by the world’s most populous nation.
- It said that 25 countries, including India, successfully halved their global MPI values within 15 years, showing that rapid progress is attainable. These countries include Cambodia, China, Congo, Honduras, India, Indonesia, Morocco, Serbia, and Vietnam.
- According to the report, people who are multidimensionally poor and deprived under the nutrition indicator in India declined from 44.3% in 2005/2006 to 11.8% in 2019/2021, and child mortality fell from 4.5% to 1.5%.
- Those who are poor and deprived of cooking fuel fell from 52.9% to 13.9% and those deprived of sanitation fell from 50.4% in 2005/2006 to 11.3% in 2019/2021.
- In the drinking water indicator, the percentage of people who are multidimensionally poor and deprived fell from 16.4 to 2.7 during the period, electricity (from 29% to 2.1%) and housing from 44.9% to 13.6%.
- According to the 2023 release, 1.1 billion out of 6.1 billion people (just more than 18%) live in acute multidimensional poverty across 110 countries. Sub-Saharan Africa (534 million) and South Asia (389 million) are home to approximately five out of every six poor people.
- Nearly two-thirds of all poor people (730 million people) live in middle-income countries, making action in these countries vital for reducing global poverty. Although low-income countries constitute only 10% of the population included in the MPI, these are where 35% of all poor people reside.
The Global Multidimensional Poverty Index (MPI)
- It was developed in 2010 by the Oxford Poverty & Human Development Initiative (OPHI) and the United Nations Development Programme .
- The Global MPI is released annually by UNDP and OPHI.
- The MPI is published along with the Human Development Index (HDI) in the Human Development Report.
- It measures poverty uses health, education and standard of living indicators to determine the incidence and intensity of poverty experienced by a population. It has since been used to measure acute poverty across over 100 developing countries.
- The global MPI monitors poverty reduction and informs policy, showing how people experience poverty in different aspects of their daily lives from access to education and health to living standards such as housing, drinking water, sanitation and electricity.
- The MPI as a poverty index can be pictured as a stacked tower of the interlinked deprivations experienced by poor individuals, with the aim of eliminating these deprivations.
4. ENFORCEMENT DIRECTORATE (ED)
TAG: GS 2: POLITY
THE CONTEXT: Supreme Court asks ED chief to quit; but upholds amendments
Bench holds that back-to-back service extensions given to the ED chief in 2021 and 2022 were both invalid and illegal; it however, gave him time till July 31 to quit office for “smooth transition
EXPLANATION:
What is the issue?
- The Supreme Court asked Enforcement Directorate (ED) Director to quit four months before his third extension ends. However, court upheld statutory amendments which facilitate the tenures of Directors of the Central Bureau of Investigation and the ED to be stretched piecemeal.
- CBI and ED chiefs have fixed tenures of two years. However, amendments enacted in 2021 to the Central Vigilance Commission Act, the Delhi Special Police Establishment Act and the Fundamental Rules allow them a maximum three annual extensions.
- Earlier the court had directed the government to stop giving extensions which was overruled by the government through amendments.
- By upholding the 2021 amendments, the court disagreed with the submissions made by its own amicus curiae, which had urged the court to strike down the amendments. As the amendments went against the very principle of insulating the Central investigative agencies from government pressure.
High Level Committees
- 2021 amendments require High Level Committees to recommend the officers for service extensions.
- A five-member panel composed of the Central Vigilance Commissioner and Vigilance Commissioners had to recommend if an ED Director was worthy of an extension in service.
- In case of the CBI Director, a High-Level Committee of the Prime Minister, Opposition Leader and the Chief Justice of India had to recommend.
- Besides, the committees were required to record reasons in writing in support of their recommendations.
- The court further said the 2021 amendments were enacted by the Parliament. They could not be declared unconstitutional lightly.
Enforcement Directorate (ED):
- The Directorate of Enforcement is a multi-disciplinary organization mandated with investigation of offence of money laundering and violations of foreign exchange laws.
- It functions under the Department of Revenue of the Ministry of Finance.
- ED with its headquarters at New Delhi, is headed by the Director of Enforcement.
- The statutory functions of the Directorate include enforcement of following Acts:
- The Prevention of Money Laundering Act, 2002 (PMLA): It is a criminal law enacted to prevent money laundering and to provide for confiscation of property derived from, or involved in, money-laundering. ED has been given the responsibility to enforce the provisions of the PMLA by conducting investigation to trace the assets derived from proceeds of crime.
- The Foreign Exchange Management Act, 1999 (FEMA): It is a civil law enacted to consolidate and amend the laws relating to facilitate external trade and payments and to and maintenance of foreign exchange market in India. ED has been given the responsibility to conduct investigation into suspected contraventions of foreign exchange laws and regulations.
- The Fugitive Economic Offenders Act, 2018 (FEOA): This law was enacted to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts. It is a law whereby Directorate is mandated to attach the properties of the fugitive economic offenders and provide for the confiscation of their properties to the Central Government.
- Sponsoring agency under COFEPOSA: Under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), this Directorate is empowered to sponsor cases of preventive detention with regard to contraventions of FEMA.
Directorate of Enforcement
- Recruitment of the officers is done directly and by drawing officers from other investigation agencies.
- It comprises officers of IRS (Indian Revenue Services), IPS (Indian Police Services) and IAS (Indian Administrative Services) and others.
- The tenure of the Director is fixed for two years, but can be extended from two to five years by giving three annual extensions.
5. GREEN WASHING AND THE FOREST (CONSERVATION) AMENDMENT BILL, 2023
TAG: GS 3: ENVIRONMENT.
THE CONTEXT: Recently proposed Forest (Conservation) Amendment Bill, 2023, is leading to complex challenges of greenwashing as various concerns have been raised by environmentalist against the provisions of the bill.
EXPLANATION:
- Industrialisation inevitably means usurping greater tracts of forest land and ecosystems, the Forest (Conservation) Act, 1980 has been the legislation that has empowered the state to regulate this and impose costs on such industrial exploitation.
- However, India’s forest cover has seen only marginal increases, as biennial reports of the Forest Survey of India illustrate.
- Growth in forest cover inside officially recorded forests is stagnant, or at best incremental. It is tree cover in orchards, plantations and village homesteads that has been on the rise and supplementing India’s claim that 24% of its area is under forest and tree cover.
- India has committed to increasing this number to 33% and adding a carbon sink of 2.5 billion to 3 billion tons of carbon dioxide this way, by 2030, as part of its international climate commitments.
- The existing Forest (Conservation) Act, 1980 was insufficient for these ends, as it did not incentivise private agro-forestry and tree plantation activities.
Provision of the Forest (conservation) Amendment bill, 2023:
- The Bill amends the Forest (Conservation) Act, 1980 to make it applicable to certain types of land. These include land notified as a forest under the Indian Forest Act, 1927 or in government records after the 1980 Act came into effect.
- The Act will not be applicable for land converted to non-forest use before December 12, 1996.
- It also exempts certain types of land from the purview of the Act. These include land within 100 km of India’s border needed for national security projects, small roadside amenities, and public roads leading to a habitation.
- The state government requires prior approval of the central government to assign any forest land to a private entity. The Bill extends this to all entities, and allows the assignment to be made on terms and conditions specified by the central government.
- The Act specifies some activities that can be carried out in forests, such as establishing check posts, fencing, and bridges. The Bill also allows running zoos, safaris and eco-tourism facilities.
- Forest land authorised by States for non-forestry uses between 1980-1996 would not come under the provisions of the Act.
- The amendments effectively mean States can no longer classify unclassified forest land, or patches of trees with forest-like characteristics as ‘forest land’.
- The amendments also allow forest land, up to 100 km near India’s borders, to be appropriated, without central approval, for “strategic and security” purposes.
Need of the bill:
- The aim is to bring clarity to the country’s forest conservation law by increased provisions and guidelines.
- It aims to increase the forest area and to achieve 33% under forest area and adding a carbon sink of 2.5 billion to 3 billion tons of carbon dioxide this way, by 2030,
- Certain exemptions under act can fast-track strategic and security-related projects.
Criticism of the bill:
- There are no specific conditions laid by the environment ministry for outrightly denying permission for deforestation for development projects.
- The amendment Bill, instead of completing the demarcation process on the ground, seeks to limit the applicability of the FC Act only to land recorded as ‘forest’.
- The amendment also proposes to redefine the ambit of “non-forest purpose” exemptions. This allows enumerated activities to be carried out on the forest land without prior approval of the central government.
Green Washing
- It is a term used to describe a false, misleading action or set of claims made by an organization about the positive impact that a company, product or service has on the environment.
- It was first coined in 1986 by environmentalist Jay Westerveld .
- In an era where increasing numbers of consumers as well as governments are interested in taking environmentally responsible actions, there has been a growing emphasis on environmental, social and governance (ESG) initiatives in companies.
- The need to demonstrate ESG efforts has led to many organizations making environmental claims that have turned out to be greenwashing.
How the Bill leads to green washing?
- The Bill removes the mandatory central government approval for diversion of forests in certain cases and a blanket exemption for projects like zoos, eco-tourism facilities, and reconnaissance surveys has been proposed. Such activities will disturb the forest and end up bringing down the total green cover.
- The proposed exemptions leave the Center with a lot of discretionary authority and fewer projects will need to seek forest clearance. It will also assist developers in obtaining necessary forest clerances.
- Therefore, these amendments do not really contribute to regenerating natural forest, but rather incentivise afforestation for commercial ends.
