TOP 5 TAKKAR NEWS OF THE DAY (5th OCTOBER 2023)

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1. DIRECTORATE OF ENFORCEMENT (ED)

TAG: GS 2: POLITY AND GOVERNANCE

THE CONTEXT: In Pankaj Bansal v. Union of India Case 2023, the Supreme Court has held that the Directorate of Enforcement (ED) must furnish the reasons of arrest to the accused.

EXPLANATION:

• The judgement came on a plea by Pankaj Bansal and Basant Bansal, Directors of M3M real estate group.
• They challenged an order of the Punjab and Haryana High Court which declined to set aside their arrest by the ED under the Prevention of Money Laundering Act (PMLA).
• the Supreme Court ruled on 3^rd October 2023 that it is necessary a copy of the grounds of arrest to the arrested person as a matter of course and without exception.
• The arrest was held illegal by the bench, as arrest does not fulfil the mandate of Article 22 (1) of Constitution and Section 19 (1) of the PMLA.
• It underlined that the Enforcement Directorate (ED) is not expected to be vindictive in its conduct.

SUPREME COURT RULINGS:

• In recent years, the ED has been under increasing scrutiny from the Supreme Court.
• The court has issued a number of rulings that have limited the ED’s powers and strengthened the rights of the accused.

Vijay Madanlal Choudhary & Ors v. Union of India 2022:

• • The Supreme Court court dealt with confiscation proceedings under Section 8 of the Prevention of Money Laundering Act, 2002 [PMLA].
  • It limited the application of Section 8(4) of PMLA concerning interim possession by authorities before conclusion of the final trial to exceptional cases.
  • The Supreme Court in 2022 upheld the Enforcement Directorate’s (ED) right to make arrests and seize assets, while rejecting multiple challenges to the Prevention of Money Laundering Act (PMLA).
  • A bench led by Justice A.M. Khanwilkar said ED should put more information in the public domain.
  • It said the lack of judicial officers dealing with PMLA cases is a serious issue, asking the government to address the problem.
  • Confiscation of the property based on the provisional order as mentioned under Section 8(4) should be an exception and not a rule.

In Pankaj Bansal v. Union of India Case 2023:

• The Supreme Court has held that the Directorate of Enforcement (ED) must furnish the reasons of arrest to the accused.
• Mere non-cooperation of a witness in response to the summons issued under Section 50 of the (PMLA) Act of 2002 would not be enough to render him/her liable to be arrested under Section 19.

ENFORCEMENT DIRECTORATE (ED):

• ED is a Multi-Disciplinary Organisation under the Department of Revenue, Ministry of Finance.
• It is 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.
• 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.

CRITICISM OF THE FUNCTIONING OF THE ENFORCEMENT DIRECTORATE:

• 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 the alleged violation of PMLA.
• 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.
• 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.
• Unlike the CrPC which provides for a proper procedure to commence an investigation, in the PMLA there is no procedure prescribed.
• This is a direct violation of Art 20(3) which protects individuals from self-incrimination.
• 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.

SOURCE: https://www.livelaw.in/supreme-court/why-ed-must-furnish-grounds-of-arrest-to-accused-in-writing-supreme-court-explains-239308

2. PM STREET VENDOR’S ATMANIRBHAR NIDHI (PM SVANidhi) SCHEME

TAG: GS 2: SOCIAL JUSTICE, GS 1: SOCIETY

THE CONTEXT: Onboarding of 50 lakh beneficiaries of PM SVANidhi Scheme.

EXPLANATION:

• As per Govt. of India PM SVANidhi has not only made the lives of street vendors easier but has also given them an opportunity to live with dignity.

PM STREET VENDOR’S ATMANIRBHAR NIDHI (PM SVANidhi) SCHEME:

• The PM Street Vendor’s AtmaNirbhar Nidhi (PM SVANidhi) was launched by the Ministry of Housing and Urban Affairs on June 01, 2020.
• It aims to for provide affordable Working Capital loan to street vendors to resume their livelihoods that have been adversely affected due to Covid-19 lockdown.
• The duration of the scheme initially was until March 2022.
• It has been extended till December 2024.
• It has enhanced the focus on collateral free affordable loan corpus, increased adoption of digital transactions and holistic socio-economic development of the Street Vendors and their families.
• Small Industries Development Bank of India (SIDBI) is the implementing agency of the scheme.

TARGET BENEFICIARIES:

• This scheme targets to benefit over 50 lakh Street Vendors.
• A vendor, according to the scheme guidelines is any person engaged in vending of articles, goods, wares, food items or merchandise of daily use or offering services to the public in a street, footpath, pavement etc., from a temporary built-up structure or by moving from place to place.
• The goods supplied by them include vegetables, fruits, ready-to-eat street food, tea, pakodas, breads, eggs, textile, apparel, artisan products, books/ stationary etc.
• The services include barber shops, cobblers, pan shops, laundry services etc.

SCHEME BENEFITS:

• Vendors can avail a working capital loan of up to Rs. 10,000, which is repayable in monthly instalments in the tenure of one year.
• On timely/ early repayment of the loan, an interest subsidy @ 7% per annum will be credited to the bank accounts of beneficiaries through Direct Benefit Transfer on quarterly basis.
• There will be no penalty on early repayment of loan.
• The scheme promotes digital transactions through cash back incentives up to an amount of Rs. 100 per month.
• The vendors can avail the facility of escalation of the credit limit on timely/ early repayment of loan.

SOURCE: https://pib.gov.in/PressReleasePage.aspx?PRID=1964005

3. NOBEL PRIZE 2023 IN CHEMISTRY

TAG: GS 3: SCIENCE AND TECHNOLOGY

THE CONTEXT: The 2023 Nobel Prize in Chemistry has been awarded to Moungi G. Bawendi, Louis E. Brus and Alexei I. Ekimov for the discovery and synthesis of quantum dots.

BACKGROUND:

• Physicists had long known that in theory size-dependent quantum effects could arise in nanoparticles.
• But at that time it was almost impossible to sculpt in nanodimensions.
• Few people believed that this knowledge would be put to practical use.
• In the early 1980s, Alexei Ekimov succeeded in creating size-dependent quantum effects in coloured glass.
• The colour came from nanoparticles of copper chloride and Ekimov demonstrated that the particle size affected the colour of the glass via quantum effects.
• A few years later, Louis Brus was the first scientist in the world to prove size-dependent quantum effects in particles floating freely in a fluid.
• In 1993, Moungi Bawendi revolutionised the chemical production of quantum dots, resulting in almost perfect particles.
• This high quality was necessary for them to be utilised in applications.

QUANTUM DOTS AND ITS APPLICATIONS:

• Quantum dots have unique properties and spread their light from television screens and LED lamps.
• They catalyse chemical reactions, and their clear light can illuminate tumour tissue for a surgeon.
• Quantum dots have primarily been utilised to create coloured light.
• It is believed that in the future quantum dots can contribute to flexible electronics, miniscule sensors, slimmer solar cells and perhaps encrypted quantum communication.
• Today quantum dots are an important part of nanotechnology’s toolbox. The 2023 Nobel Prize laureates in chemistry have all been pioneers in the exploration of the nanoworld.
• Quantum dots now illuminate computer monitors and television screens based on QLED technology.
• They also add nuance to the light of some LED lamps, and biochemists and doctors use them to map biological tissue.
• Quantum dots are thus bringing the greatest benefit to humankind.
• Researchers believe that in the future they could contribute to flexible electronics, tiny sensors, thinner solar cells and encrypted quantum communication – so we have just started exploring the potential of these tiny particles.

NOBEL PRIZES:

• Alfred Nobel was an inventor, entrepreneur, scientist and businessman who also wrote poetry and drama.
• His varied interests are reflected in the prize he established and which he lay the foundation for in 1895 when he wrote his last will, leaving much of his wealth to the establishment of the prize.
• Since 1901, the Nobel Prize has been honoring men and women from around the world for outstanding achievements in physics, chemistry, physiology or medicine, literature and for work in peace.
• The prizes consist of a gold medal, a diploma, and a monetary award.
• In 1968, Sveriges Riksbank (Sweden’s central bank) established the Prize in Economic Sciences in Memory of Alfred Nobel, founder of the Nobel Prize.
• The prize is based on a donation received by the Nobel Foundation in 1968 from Sveriges Riksbank on the occasion of the bank’s 300th anniversary.
• The first prize in economic sciences was awarded to Ragnar Frisch and Jan Tinbergen in 1969.
• The prize in economic sciences is awarded by the Royal Swedish Academy of Sciences, Stockholm, Sweden, according to the same principles as for the Nobel Prizes that have been awarded since 1901.

SOURCE: https://www.thehindu.com/sci-tech/science/2023-nobel-prize-chemistry/article67377618.ece

4. GLACIAL LAKE OUTBURST FLOOD (GLOF)

TAG: GS 3: ECOLOGY AND ENVIRONMENT

THE CONTEXT: The South Lhonak Lake burst, causing recent flash floods in north Sikkim.

EXPLANATION:

• Ten casualties have been confirmed, and many more are missing due to the Teesta River’s rising flood level and nonstop rain.
• The South Lhonak Lake had drawn criticism for its quick growth and vulnerability to GLOFs (Glacial Lake Outburst Floods).

WHAT IS GLACIAL LAKE OUTBURST FLOOD (GLOF)?

• Glacial lakes, like South Lhonak Lake, form in front of, on, or beneath melting glaciers.
• As they grow, they become more dangerous, often dammed by unstable ice or sediment.
• If the dam breaks, massive volumes of water rush downstream, causing floods known as GLOF.
• GLOF can be triggered by earthquakes, heavy rains, ice avalanches, or landslides.

HOW DID SOUTH LHONAK LAKE BECOME SUSCEPTIBLE TO GLOF?

• Glacial lakes are common in steep, mountainous regions, making them vulnerable to landslides or ice avalanches that displace water.
• The impact of climate change leads to rapid glacier melting, resulting in the formation and expansion of glacial lakes.
• In Sikkim Himalayan, rising temperatures have caused glacier melt, leading to the proliferation of glacial lakes, including the South Lhonak Lake.
• There are over 300 glacial lakes in Sikkim Himalayan, with 10 identified as vulnerable to GLOF.
• South Lhonak Lake had shown significant growth over the past five decades.
• An earthquake in 1991 and another in 2011, along with future seismic events, were identified as potential triggers for GLOF.
• Government authorities had been monitoring the lake’s expansion and susceptibility to GLOF.

WHAT ARE THE STEPS TAKEN BY THE SIKKIM GOVERNMENT TO TACKLE THE EXPANDING SOUTH LHONAK LAKE?

• In 2016, authorities, including the Sikkim State Disaster Management Authority and Sikkim’s Department of Science and Technology and Climate Change, initiated measures to address the expanding South Lhonak Lake.
• Innovator Sonam Wangchuk supervised the implementation of a technique involving the syphoning off of lake water.
• Three eight-inch wide and 130-140 meters long High-Density Polyethylene (HDPE) pipes were installed in the lake to remove water at a rate of 150 liters per second.

LHONAK LAKE:

• Lhonak Lake is a glacial lake situated in the pristine landscapes of North Sikkim, at a staggering altitude of approximately 17,000 feet above sea level.
• Its formation is attributed to the melting glaciers of the region, a process accelerated by rising global temperatures.
• South Lhonak Lake is a glacial-moraine-dammed lake, located in Sikkim’s far northwestern region.
• It is one of the fastest expanding lakes in the Sikkim Himalaya region, and one of the 14 potentially dangerous lakes susceptible to Glacial lake outburst flood (GLOFs).
• It plays a role in the hydrological cycle, releasing water downstream, ultimately benefiting the Teesta River basin.

WAY FORWARD: MITIGATION

• Regular lake monitoring is necessary to evaluate changes in water levels and the strength of natural dams in glacial lakes.
• Implementing early warning systems that can identify and alert areas downstream of potential GLOFs.
• Building protective infrastructure to control floodwaters, such as dams or diversion channels.
• Implementing zoning and land-use planning to prevent construction in high-risk locations.

SOURCE: https://indianexpress.com/article/explained/explained-climate/glacial-lake-outburst-flood-glof-sikkim-8968562/

5. DYNAMIC INJUNCTION

TAG: GS 2: POLITY

THE CONTEXT: The Delhi HC has passed dynamic injunction against illegal ICC World Cup broadcasting.

EXPLANATION:

• A plea has been filed by Star India which stated that given the exclusive rights they had acquired from ICC, they enjoyed broadcast reproduction rights.
• But these rights are contemplated under Section 37 of the 1957 Copyright Act.
• Recently, the Delhi High Court restrained nine websites from illegally broadcasting the ICC Men’s Cricket World Cup 2023 matches.

WHAT IS SECTION 37 OF THE COPYRIGHT ACT?

• Section 37 deals with a “special right” extended to every broadcasting organisation.
• Section 37 (2) proceeds to enlist what constitutes an infringement of this right.
• It states that “during the continuance of a broadcast reproduction right” any person who:
  • without the licence of the right’s owner engages in re-broadcasting the broadcast; or
  • causes the broadcast to be heard or seen by the public on payment of charges; or
  • makes any sound or visual recording of the broadcast; or
  • makes any reproduction of such sound or visual recording where the initial recording was done without licence or was licensed, for any purpose not envisaged by the licence; or
  • sells or hires to the public, or
  • offers for such sale or hire, any such sound recording or visual recording,

will be deemed to have infringed this right, subject to the provisions of Section 39.

• Section 39 provides exceptions when the reproduction of such content can be considered as ‘fair dealing; and not copyright infringement.

WHAT IS A DYNAMIC INJUNCTION?

• A dynamic injunction is passed to protect copyrighted works even before they are publicly released, distributed, or created.
  • An injunction is an official order given by a law court, usually to stop someone from doing something.
• It ensures that no irreparable loss is caused to its authors and owner.
• It restricts the imminent possibility of works being uploaded on rogue websites or their newer versions immediately after their creation or release, given the challenges posed by online piracy.
• In August, the court has observed that given the nature of the illegalities that rogue websites indulge in.
• It concluded that there is a need to pass injunctions which are also dynamic as once a film or series is released, it might be immediately uploaded on the rogue websites, causing severe and instant monetary loss to its creators.

What are the other cases where such injunctions have been passed?

• Star India Pvt. Ltd. said that since 2021, the Delhi HC had granted similar dynamic injunctions against several such rogue websites in Star India’s favour, which led to them ultimately being taken down.
• The Delhi HC in its 2019 ruling in “UTV vs. 1337x.to” introduced the concept of dynamic injunctions for the first time.
• Star India had come across almost all major sporting events being illegally communicated and disseminated on the internet, Star approached the court seeking an injunction restraining the defendant websites.

SOURCE: https://indianexpress.com/article/explained/explained-law/delhi-hc-what-is-dynamic-injunction-8968692/