1. HABITAT RIGHTS
TAG: GS 2: POLITY, GS 3: ECOLOGY AND ENVIRONMENT
THE CONTEXT: The Baiga tribe, a particularly vulnerable tribal group (PVTG) in Chhattisgarh, was awarded habitat rights under the Forest Rights Act 2006.
EXPLANATION:
- The Baiga Particularly Vulnerable Tribal Group (PVTG) became the second to get habitat rights in Chhattisgarh, after the Kamar PVTG.
- There are seven PVTGs in Chhattisgarh, who live in 17 of the state’s 33 districts.
- These are Kamar, Baiga, Pahadi Korba, Abujhmadiya, Birhor, Pando and Bhujia.
- A total of 19 Baiga villages with a population of 6,483 people (2,085 families) have been given the habitat rights.
WHAT ARE HABITAT RIGHTS?
- Habitat rights recognition provides the community concerned rights over their customary territory of habitation, economic and livelihood means, intellectual knowledge of biodiversity and ecology etc.
- Habitat rights safeguard and promote traditional livelihood and ecological knowledge passed down through generations.
- They also help converge different government schemes and initiatives from various departments to empower PVTG communities to develop their habitats.
LEGAL STATUS OF THE HABITAT RIGHTS:
- Habitat rights are given to PVTGs under section 3(1) (e) of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 also known as the Forest Rights Act (FRA).
- According to Section 2(h) of FRA, “Habitat includes the area comprising the customary habitat and such other habitats in reserved forests.
- It also includes protected forests of primitive tribal groups and pre-agricultural communities and other forest dwelling Scheduled Tribes.”
CAN HABITAT RIGHTS BE USED TO STOP ACTIVITIES LIKE MINING?
- The habitat rights will help the PVTG protect their habitat from developmental activities harmful to them.
- Forest Rights have legal protection under the Forest Conservation Act, the Land Acquisition law of 2013, and even the SC/ST Prevention of Atrocities.
- If any kind of development activity is hampering their habitat rights, the tribal group concerned can take up the matter with the administration under the Forest Rights Act, and if not resolved, the matter can be taken to court.
WHICH TRIBES ARE TERMED PVTGs?
- According to the ministry of tribal affairs (MoTA), the following tribals will be declared as PVTG:
- tribal communities who are technologically backward,
- who have stagnant or declining population growth,
- extremely low level of literacy, and
- a subsistence level of economy.
- PVTGs have low health indices and largely reside in isolated, remote, and difficult areas in small and scattered hamlets/habitats.
- The ministry has identified 75 PVGTs in 18 states and one Union Territory.
- In 2019, the MoTA started a scheme for their protection and improvement in terms of social indicators like livelihood, health, nutrition and education to decrease their vulnerability.
- Out of 75 PVTG in India, only three have habitat rights.
- The Bharia PVTG in Madhya Pradesh was the first, followed by the Kamar tribe and now the Baiga tribe in Chhattisgarh.
GOVERNMENT SCHEME(S) FOR PVTGs:
- Ministry of Tribal Affairs implements a scheme in the name of ‘Development of Particularly Vulnerable Tribal Groups (PVTGs)’.
- It is a Centrally Sponsored Scheme having a provision of 100% Central assistance to 18 states and Union territory of Andaman & Nicobar Islands.
- The scheme of Development of PVTGs aims at socio-economic development of PVTGs in a comprehensive manner, while retaining their culture and heritage.
- As a part of the scheme, State Governments undertakes projects that are tailored to cater to sectors like education, health and livelihood schemes for the PVTGs.
2. GI TAG FOR GOA CASHEW
TAG: GS 3: ECOLOGY AND ENVIRONMENT
THE CONTEXT: Goa cashew has been granted the Geographical Indication (GI) tag, ensuring recognition and safeguarding for local cashew farmers.
EXPLANATION:
- The GI tag is a positive development for the local cashew industry in Goa.
- It will help to protect the interests of local farmers and promote the unique identity of Goa cashew.
- It will also help to promote Goa cashew in new markets and increase demand for the product.
- The GI tag is a boon for local cashew farmers, who will now be able to get a better price for their produce.
- It will also help to preserve the traditional cashew farming practices of Goa.
Here are some of the specific benefits that the GI tag will bring to local cashew farmers in Goa:
- Higher prices:
- The GI tag will help to increase the demand for Goa cashew, which will lead to higher prices for farmers.
- Improved market access:
- The GI tag will help to promote Goa cashew in new markets, which will give farmers a wider reach for their produce.
- Preservation of traditional practices:
- The GI tag will help to preserve the traditional cashew farming practices of Goa, which are unique to the region.
- Increased employment opportunities:
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- The cashew industry in Goa is a major source of employment for local people.
- The GI tag is expected to boost the cashew industry, which will lead to increased employment opportunities for farmers and other workers in the sector.
DIFFERENT VARIETIES OF CASHEW GROWN IN GOA:
- Balli-2:
- It is a variety developed and released in 1999 from the ICAR Research Complex in Goa.
- This is the first cashew variety released from Goa.
- The average yield of Balli-2 is 7.0 kg/tree with a nut weight of about 7.6 g and the shelling percentage of 30.0%.
- Goa-1:
- This is a high-yielding variety that was developed by the Indian Council of Agricultural Research (ICAR).
- It is one of the most popular varieties grown in Goa today.
- B-7:
- This is another high-yielding variety that was developed by the ICAR.
- It is known for its large nuts and good taste.
- Vengurla-4:
- This variety is known for its early ripening and high yield. It is also a good source of vitamins and minerals.
- Vengurla-7:
-
- This variety is known for its large nuts and good taste. It is also resistant to pests and diseases.
CLIMATE AND SOIL:
- It is hardy tropical plant and does not exact a very specific climate.
- It can come up in places situated within 35° latitude on either side of the equator and also in the hill ranges up to 700 m MSL.
- It can grow well in places receiving rainfall from 50 cm to 250cm and tolerates a temperature range of 25°-49°c .
- It requires a bright weather and does not tolerate excessive shade.
- Cashew is cultivated on a wide variety of soils in India like laterite, red and coastal sandy soil.
- To a limited extent, it is also grown on black soils.
- It can be also grown in hill slopes in virgin organic matter rich soils.
- They do not prefer waterlogged or saline soils.
UNIQUE QUALITIES OF GOA CASHEW:
- Taste:
- Goa cashew is known for its sweet, buttery flavours.
- The nuts are also slightly crunchy and have a pleasant, nutty aroma.
- Texture:
- Goa cashew is large, plump, and has a creamy white colour.
- The nuts have a slightly crunchy texture.
- Aroma:
- Goa cashew has a pleasant, nutty aroma.
- Nutritional value:
-
- Goa cashew is a good source of vitamins, minerals, and healthy fats.
- The nuts are a good source of fiber, protein, and iron.
- The nuts also contain essential vitamins such as vitamin E, vitamin B6, and vitamin K.
- The nuts are also a good source of healthy fats such as monounsaturated and polyunsaturated fats.
GI TAG:
- The Geographical Indication (GI) tag is a special sign that is granted to products that have a specific geographical origin and possess distinct qualities or characteristics that are attributable to that origin.
- The GI tag is a valuable form of intellectual property protection that can help to promote and preserve the unique identity of a product.
3. ROYALTY RATES FOR THE STRATEGICALLY SIGNIFICANT MINERALS
TAG: GS 3: ECOLOGY AND ENVIRONMENT
THE CONTEXT: The Centre has specified competitive royalty rates for the mining of three strategically significant minerals lithium, niobium, and rare earth elements (REEs).
EXPLANATION:
- The approval of the Union Cabinet of specification of rate of royalty will enable the Central Government to auction blocks for Lithium, Niobium and REEs for the first time in the country.
- Royalty rate on minerals is an important financial consideration for the bidders in auction of blocks.
- Further, manner for calculation of Average Sale Price (ASP) of these minerals has also been prepared by the Ministry of Mines which will enable determination of bid parameters.
- The Union Cabinet approved amendment of Second Schedule of the Mines and Minerals (Development and Regulation) Act, 1957 (‘MMDR Act’).
Mines and Minerals (Development and Regulation) (MMDR) Amendment act, 2023:
- It was passed by the Parliament, which has come into force from 17th August, 2023.
- The Amendment, among other things, delisted six minerals, including Lithium and Niobium, from the list of atomic minerals.
- It will allow grant of concessions for these minerals to private sector through auction.
- Further, the amendment provided that mining lease and composite license of 24 critical and strategic minerals shall be auctioned by the Central Government.
- It is listed in Part D of the First Schedule of the Act, including Lithium, Niobium and REEs (not containing Uranium and Thorium).
ROYALTY RATES:
- The Second Schedule of the MMDR Act provides royalty rates for various minerals.
- Item No.55 of the Second Schedule provides that royalty rate for the minerals whose royalty rate is not specifically provided therein shall be 12% of the Average Sale Price (ASP).
- Thus, if the royalty rate for Lithium, Niobium and REE is not specifically provided, then their default royalty rate would be 12% of ASP, which is considerably high as compared to other critical and strategic minerals.
- Also, this royalty rate of 12% is not comparable with other mineral producing countries.
- Thus, it is decided to specify a reasonable royalty rate of Lithium, Niobium and REE as below:
-
- Lithium – 3% of London Metal Exchange price,
- Niobium –3% of Average Sale Price (both for primary and secondary sources),
- REE- 1% of Average Sale Price of Rare Earth Oxide
IMPORTANCE OF CRITICAL MINERALS:
- Critical minerals have become essential for economic development and national security in the country.
- Critical minerals such as Lithium and REEs have gained significance in view of India’s commitment towards energy transition and achieving net-zero emission by 2070.
- Lithium, Niobium and REEs have also emerged as strategic elements due their usages and geo-political scenario.
- Encouraging indigenous mining would lead to reduction in imports and setting up of related industries and infrastructure projects.
- The proposal is also expected to increase generation of employment in the mining sector.
WAY FORWARD:
- Geological Survey of India (GSI) has recently handed over the exploration report of REE and Lithium blocks.
- Further, GSI and other exploration agencies are conducting exploration for critical and strategic minerals in the country.
- The Central Government is working to launch the first tranche of the auction of critical and strategic minerals such as Lithium, REE, Nickel, Platinum Group of Elements, Potash, Glauconite, Phosphorite, Graphite, Molybdenum, etc. shortly.
4. THE CONSTITUTION BENCH HEARINGS
TAG: GS 2: POLITY
THE CONTEXT: A Bench led by Chief Justice of India (CJI) will hear four long-standing nine-judge Constitution Bench matters on October 12, for issuing procedural directions like the appointment of a nodal counsel and allocation of time for the compilation of written submissions before the onset of final hearings.
EXPLANATION:
- Some of these cases have been pending for more than two decades now and involve crucial questions of law.
- Let’s discuss all the four cases one by one:
PROPERTY OWNERS’ ASSOCIATION V. STATE OF MAHARASHTRA:
- Issue:
- Whether the phrase ‘material resources of the community’ under Article 39(b) of the Constitution includes privately owned resources?
- Background:
-
- Taking note of the crumbling residential structures in the city of Bombay, the State government in 1986 amended the Maharashtra Housing and Area Development Act, 1976.
- It included Chapter VIII-A, which empowered the Mumbai Building Repair and Reconstruction Board (MBRRB) to acquire cessed properties with the consent of 70% of the residents for restoration purposes.
- Section 1A of the Act stipulated that the legislation aimed to give effect to the policy of the State towards securing the Directive Principle of State Policy specified in Article 39(b) of the Constitution.
- Aggrieved by the power conferred upon the MBRRB to forcibly take possession of such residential complexes, the Property Owners’ Association, a body representing over 20,000 landowners in Mumbai, filed this lawsuit.
MINERAL AREA DEVELOPMENT V. M/S STEEL AUTHORITY OF INDIA & ORS 1999:
- Issue:
- It questions whether ‘royalty’ under the Mines and Minerals (Development and Regulation) Act, 1957 is in the nature of a ‘tax’?
- Background:
-
- The case pertains to a challenge to the Bihar Coal Mining Area Development Authority (Amendment) Act, 1992 and the rules framed thereunder.
- The rules led to the imposition of additional taxes on land revenue incurred from mineral-bearing lands leased out to mining industries.
- The mining industries argued that the State legislature was not competent to impose such taxes exercising their powers under Article 246 of the Constitution.
STATE OF UTTAR PRADESH V. JAI BIR SINGH 2002:
- Issue:
- What is the definition of the term ‘industry’ under Section 2(j) of the Industrial Disputes Act, 1947?
- Background:
-
- In this case, the question under consideration was whether the ‘social forestry’ department of a State would be covered by the definition of ‘Industry’ under Section 2(j) of the Industrial Disputes Act, 1947.
- The definition of the term ‘industry’ holds great significance, since any person who works in such an establishment is entitled to various protections under the Act.
- Protections such as a mandatory notice period before dismissal from service, maximum hours of work, provisions for leave, and fixed compensation.
- In 1978, a seven-judge Bench in Bangalore Water Supply v. R. Rajappa accorded a very broad definition to the term ‘industry,’ including even establishments functioning without a profit motive such as universities and charitable organizations within its ambit.
- Such an expansive definition and the stringent labour standards that this entailed were subsequently opposed by various industry bodies.
- In 1982, the Parliament passed an amendment to the Act creating several exceptions to the definition; however, the amendment never came into force.
STATE OF UP & ORS. V. M/S LALTA PRASAD VAISH 2007:
- Issue:
- Interpretation of Section 18-G of the Industries (Development and Regulation) Act, 1951.
- Background:
-
- In 1999, a notification was issued under the U.P. Licences for the Possession of Denatured Spirit and Specially Denatured Spirit Rules, 1976.
- It imposed a licence fee at 15% ad valorem on the sale made by any wholesale vendor to holders of licence under the U.P. Excise Act, 1910.
- Subsequently, the petitioner challenged the imposed license fee alleging that the State had no power to regulate the manufacture and sale of denatured spirits in view of Section 18-G of the Industries (Development and Regulation) Act, 1951.
- Section 18-G permits the Union government to regulate certain products related to scheduled industries to ensure that they are distributed fairly and are available at reasonable prices.
- At the same time, Entry 33 of List III of the Seventh Schedule of the Constitution confers concurrent powers on both the State and the Union governments to legislate with regard to the product of any industry.
- The Parliament declares that control of such industry by the Union is expedient in the public interest.
CONSTITUTION BENCH:
- A Constitution Bench is constituted whenever a case requires the interpretation of key constitutional provisions or if there is a significant legal question to be decided.
- Article 145(3) of the Constitution, which deals with the rules of the Court, provides for the setting up of Constitution Benches.
- It stipulates that a minimum of five judges need to sit to decide a case involving:
- substantial question of law as to the interpretation of the Constitution, or
- hearing any reference under Article 143, which deals with the power of the President to consult the Supreme Court.
- Constitution Benches wield great power in shaping India’s rule of law framework.
- There is also a great deal of finality attached to the verdicts since the only way to get such a verdict overruled is to:
- first convince a subsequent five-judge bench that the view previously taken was wrong,
- have the matter referred to a larger bench of seven or nine judges, and
- convince the larger bench to overrule the previous judgment of the Constitution Bench.
5. OPERATION AJAY
TAG: GS 2: INTERNATIONAL RELATIONS
THE CONTEXT: Recently, Operation Ajay has been launched to facilitate the return of Indian citizens from Israel as the conflict escalated with Israel retaliating against Hamas’s attack.
EXPLANATION:
- The first batch of registered Indians in Israel were sent emails informing about India’s Operation Ajay which will repatriate Indians willing to be back home.
OPERATION AJAY:
- Operation Ajay is an evacuation (some reports say repatriation) operation.
- Indian Navy ships will be deployed if the need arises.
- There are around 18,000 Indians in Israel including students, professionals and traders.
- Special charter flights and other arrangements are being put in place.
- A 24-hour control room in New Delhi is monitoring the situation in Israel and Palestine.
- The first batch of Indians is expected to be brought back from Israel in a special flight.
- This will be the second evacuation this year, after Operation Kaverithat brought back several thousand Indian citizens from conflict-torn Sudan in April-May.
