THE CONTEXT: The Supreme Court has struck down the remission granted to convicts in the Bilkis Bano gangrape case of 2002. The court has ruled that the Gujarat government’s decision to remit their sentences and set them free was illegal.

MORE ON THE NEWS:

• The convicts had been sentenced to life imprisonment by a Sessions Court in Mumbai after the investigation in the ‘Bilkis Bano case’ was shifted from the Gujarat police to the CBI and the trial transferred to Mumbai.
• In August 2022 convicts were released from Godhra sub-jail on remission by Gujarat government. In September, Bilkis Bano approached SC challenging the premature release of the convicts.
• The recent SC verdict is based on the ground that Gujarat did not have any jurisdiction to decide on granting remission to convicts sentenced in Maharashtra.

WHAT IS THE LAW ON REMISSION OF SENTENCES?

• Under Articles 72 and 161 of the Constitution, the President and Governors of states can pardon a convict, and can also suspend, remit, or commute a sentence passed by the courts.
• State governments too have the power to remit sentences under Section 432 of the Code of Criminal Procedure (CrPC) as prisons is a State Subject.
• However, Section 433A of the CrPC puts certain restrictions on these powers of remission. It says: “Where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under Section 433 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment.”

WHAT ARE THE GROUNDS FOR REMISSION?

• States set up a Sentence Review Board to exercise the powers under Section 432 of the CrPC.
• The Supreme Court has held that states cannot exercise the power of remission arbitrarily and must follow due process.
• While the policy varies from state to state, broadly the grounds for remission considered by the Board are the same.
• These factors to be considered while making a decision on granting remission are:

1. seriousness of the crime
2. status of the co-accused
3. conduct in jail

• In ‘Laxman Naskar v. Union of India’ (2000) the SC laid down five grounds on which remission is considered:
  1. Whether the offence is an individual act of crime that does not affect the society?
  2. Whether there is a chance of the crime being repeated in future?
  3. Whether the convict has lost the potentiality to commit crime?
  4. Whether any purpose is being served in keeping the convict in prison?
  5. Socio-economic conditions of the convict’s family
• Jail manuals contain rules that allow certain days of remission in every month for good behaviour of convicts.
• For those serving fixed sentences, the remission days are accounted for while releasing the convict. However, convicts serving life sentences are entitled to seek remission only after serving a minimum of 14 years.

SIGNIFICANCE OF THE VERDICT:

• Restoration of faith in judiciary: The ruling represents a blow for the rule of law and the restoration of faith in the judiciary at a time when there are doubts about the institution’s capacity to hold power to account.
• Timely implementation of remission laws: The judgement is a timely invocation of the core principles that encourages exercise of the power to grant remission as fair and reasonable. It should be based on a set of relevant parameters such as whether the crime involved affected society at large, whether the convict retained the potential for committing similar offences or is capable of reform.

CAN THE CONVICTS APPLY FOR REMISSION AGAIN?

• The criminal justice system has provisions like remission or reduction of sentence, taking into account the fact that a person can reform, and can be set free as a better citizen.
• In its judgment, the Supreme Court said that there are competing interests that of the rights of the victim or her family to justice, and that of a convict’s claim to a second chance.
• The Bench said that in prior judgments, it has expressed scepticism over the latter, particularly if the offence committed is a heinous one.
• The convicts can approach the Maharashtra government for remission in the future. Whether remission is granted will, however, depend on various aspects, including the remission policy of the state.
• The convicts had argued before the Supreme Court that the policy applicable to them would be the one in vogue at the time of their conviction, which was in 2008.

THE CONCLUSION:

In a highly anticipated judgment, the Supreme Court set aside the remission of convicts sentenced to life imprisonment accused of heinous crimes during the 2002 communal riots in Gujarat. Any rational remission policy should encompass humanitarian considerations and the convicts’ scope for reform without violating the rule of law or societal interests.

PREVIOUS YEAR QUESTIONS

Q. Instances of the President’s delay in commuting death sentences has come under public debate as denial of justice. Should there be a time specified for the President to accept/reject such petitions? Analyse. (2014)

MAINS PRACTICE QUESTIONS

Q. The Supreme Court verdict quashing the remission granted to convicts in the Bilkis Bano case of 2002 is an example of restoration of rule of law and faith in judiciary. Comment.

SOURCE: https://www.thehindu.com/opinion/editorial/unlawful-remission-the-hindu-editorial-on-the-bilkis-bano-case/article67719957.ece

THE CONTEXT: The President suggested that an All-India Judicial Service will help make the judiciary diverse by increasing representation from marginalised social groups.

MORE ON THE NEWS

• The President suggested that the creation of an All-India Judicial Service (AIJS) will help diversify the judiciary by allowing bright youngsters from varied backgrounds.
• The idea has been mooted and discussed in the past and has been part of discussions on official policy in the Union government for years.
• However, as the Union Law Minister disclosed last year in the Rajya Sabha, there is no consensus on the proposal.
• Only two High Courts agreed to the idea, while 13 were against it.

ABOUT ALL INDIA JUDICIAL SERVICE(AIJS)

• The idea of AIJS was first proposed by 14th Report of Law Commission titled ‘Report on Reforms on Judicial Administration’ in 1958.
• The All-India Judicial Service is a proposal to create a recruitment of district judges centrally through an all-India examination and allocated to each State along the lines of the All-India Services such as IAS and IPS.
• The current system of recruitment of district judges is through the respective High Courts and other subordinate judicial officers, through public service commissions.
• Article 312 of the Constitution, as amended by the 42nd Amendment, provides for the creation of an AIJS.

VIEWS OF THE PRESIDENT ON THE ALL-INDIA JUDICIAL SERVICE

• The President said that a more varied representation of India’s unique diversity on the Bench and the Bar definitely helps serve the cause of justice better.
  • One way to hasten this diversification process can be the creation of a system in which judges can be recruited from varied backgrounds through a process that is merit-based, competitive and transparent.
• There can be an all-India judicial service which can select brilliant youngsters and nurture and promote their talents from lower levels to higher levels.
• Those who aspire to serve the Bench can be selected from across the country to create a larger pool of talent.
• Such a system can offer opportunities to the less-represented social groups too.
• A national judicial service could be established to identify and cultivate talented young people, promoting them from lower to higher levels.
• Individuals interested in serving on the Bench could be chosen from all over the country, creating a larger pool of talent.
• This system could provide opportunities for underprivileged social groups as well.
• The President said India has been deepening democracy since winning freedom by upholding justice and equality and empowering every citizen.

ISSUES

States unlikely to agree: It is unlikely that all States will agree to one more subject from their domain being consumed by centralisation.

Legal education lacks country-wide uniformity:  However, it cannot be forgotten that legal education lacks country-wide uniformity. After enrolling, lawyers typically consider judicial service based on practical experience rather than academic brilliance.

Unlikely to sit for an NJS recruitment examination: Toppers, especially from the few elite law schools, are unlikely to sit for a national judicial service (NJS) recruitment examination. In comparison, options such as litigation, joining law firms and going into the corporate sector will appear more beneficial.

Lack of certainty: Number of district judges elevated to the High Courts is much lower than those from the Bar, the lack of certainty on career progression may also render a national judicial service unattractive.

WAY FORWARD

• Over the years, some states and high courts have expressed opposition to the formation of an All-India Judicial Service.
• Therefore, before establishing an AIJS, consensus is needed among the central government, states, and the judiciary.
• Efforts should be directed towards implementing more immediate solutions to address the challenges faced by the Indian judiciary.

CONCLUSION:

The establishment of an All-India Judicial Service (AIJS) is a complex and controversial issue that requires careful consideration and consensus-building among all stakeholders. It is essential to address the concerns and ensure that all stakeholders are on board. In the meantime, efforts should focus on implementing other measures to improve the efficiency and effectiveness of the Indian judiciary.

PREVIOUS YEAR QUESTION:

Q) Critically examine the Supreme Court’s judgment on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India. (2017)

MAINS PRACTICE QUESTION:

Q) “Good intentions do not always make for sound policy”. In this context discuss the issues with the implementation of the All-India Judicial Service (AIJS).

SOURCE: A non-starter: The Hindu Editorial on President Droupadi Murmu’s suggestion for an All-India Judicial Service – The Hindu

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.

Source: https://www.thehindu.com/news/national/coming-women-only-courts-for-alternative-dispute-resolution/article67053956.ece

2. OUTCOMES OF THE RECENT GST COUNCIL MEETING

TAG: GS 3: ECONOMY; GS 2: POLITY

THE CONTEXT: Recently, 50^th 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”)

Source: https://indianexpress.com/article/business/gst-council-impose-28-per-cent-tax-online-gaming-firms-8827305/

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.

Source: https://www.thehindu.com/news/international/india-registers-remarkable-reduction-in-poverty-with-415-million-people-coming-out-of-it-in-15-years-united-nations/article67066698.ece

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:

1. 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.
2. 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.
3. 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.
4. 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.

Source: https://www.thehindu.com/news/national/sc-holds-piecemeal-extensions-given-to-ed-director-illegal-invalid-in-law/article67067194.ece

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.

Source: https://www.thehindu.com/opinion/editorial/green-washing-the-hindu-editorial-on-amendments-and-the-forest-conservation-amendment-bill-2023/article67067924.ece

1. NYAYA VIKAS PORTAL

TAG: GS 2: JUDICIARY

THE CONTEXT: Ministry of Law and Justice bringing some new significant changes along with improvising many schemes for the Judicial services. It has also facilitated justice to common man through a plethora of initiatives like nyaya vikas portal.

EXPLANATION:

Nyaya Vikas Portal:

• This portal has been created for monitoring the implementation of this Nyaya Vikas Scheme.
• This portal provides stakeholders with convenient access to information regarding funding, documentation, project monitoring, and approval.
• Nyaya Vikas Portal created for monitoring the implementation of Centrally Sponsored Schemes for Development of Infrastructure for Judiciary.
• Nyaya Vikas Portal allows four efficient ways of logging into the portal, thereby empowering stakeholders with seamless access to information pertaining to funding, documentation, project monitoring and approval.

About Nyaya Vikas Scheme:

• The Department of Justice has been implementing the Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Districts and Subordinate Judiciary since 1993-94.
• Under the Scheme,  central assistance is provided to the State Government / UT Administrations for construction of court halls and residential units for Judicial Officers / Judges of District and Subordinate Courts.
• With further extension of the scheme beyond 31.03.2021, some new features like Lawyers Hall, Toilet complexes and Digital computer rooms have been added to the scheme for the convenience of lawyers and litigants, besides court halls and residential units.
• The funds sharing pattern under the Scheme for Center and State is 60:40 in respect of States other than North Eastern and Himalayan States.
• The funds sharing pattern is 90:10 in respect of North Eastern and Himalayan States; and 100% in respect of Union Territories.
• The Nyaya Vikas Program adopts a multi-faceted approach to achieve its objectives. Some of the strategies employed include targeted welfare schemes tailored to the needs of marginalized communities, capacity building through training and support, leveraging technology and digital connectivity to bridge the digital divide, and forging partnerships and collaborations with non-governmental organizations, private sector entities, and civil society.

2. DRAFT PANDEMIC TREATY AND ANTIMICROBIAL RESISTANCE

TAG: GS 2: HEALTH ISSUES

THE CONTEXT: Since the beginning of negotiations on the Pandemic Instrument, there have been calls from civil society and leading experts to include antimicrobial resistance. In the latest version of the draft Pandemic Instrument, also referred to as the “pandemic treaty,” was shared with Member States at the World Health Assembly. The text was made available online via Health Policy Watch and it quickly became apparent that all mentions of addressing antimicrobial resistance in the Pandemic Instrument were at risk of removal.

EXPLANATION:

Zero Draft of the Pandemic Treaty:

• Work on the Pandemic Instrument began in December 2021 after the World Health Assembly agreed to a global process to draft and negotiate an international instrument under the Constitution of the World Health Organization (WHO) to protect nations and communities from future pandemic emergencies.
• Zero Draft of the treaty, known as the Zero Draft of WHO CA+, was published on 1 February 2023, and discussed at the Intergovernmental Negotiating Body’s fourth meeting between 27 February 2023 and 3 March 2023.
• Because the Zero Draft is the starting point for negotiations, the substantive provisions and content of the treaty could change. But the general structure and broad issues the treaty is likely to address are more likely to remain.
• The main goal of this treaty would be to foster an all of government and all of society approach, strengthening national, regional and global capacities and resilience to future pandemics. This includes greatly enhancing international co-operation to improve, for example, alert systems, data-sharing, research and local, regional and global production and distribution of medical and public health counter-measures such as vaccines, medicines, diagnostics and personal protective equipment.
• Currently, the parties are negotiating on issues such as:
• The definition, means, and procedure for declaring a pandemic, and what this actually means in practice for states.
• How the treaty would work alongside the International Health Regulations.
• Key international principles that will guide the treaty, such as human rights, sovereignty, equity, solidarity, transparency, accountability and more.
• How to achieve equity in the global supply chain for pandemic-related products, and access to relevant technologies.
• Strengthening the resilience and responsiveness of health systems.
• How states and the WHO should be coordinating and cooperating in pandemic preparedness and response.
• How to finance pandemic preparedness and response initiatives.
• Setting up a new Governing Body for the treaty – a COP or Conference of the Parties.
• Other general legal issues relating to the treaty, such as amendments, withdrawal, and dispute settlement.

Anti Microbial Resistance:

• Since the beginning of negotiations on the Pandemic Instrument, there have been calls to include the so-called “silent” pandemic of antimicrobial resistance in the instrument as not all pandemics in the past have been caused by viruses and not all pandemics in the future will be caused by viruses. Devastating past pandemics of bacterial diseases have included plague and cholera. The next pandemic could be caused by bacteria or other microbes.
• Antimicrobial resistance (AMR) is the process by which infections caused by microbes become resistant to the medicines developed to treat them. Microbes include bacteria, fungi, viruses and parasites. Bacterial infections alone cause one in eight deaths globally.
• AMR is fueling the rise of drug-resistant infections, including drug-resistant tuberculosis, drug-resistant pneumonia and drug-resistant Staph infections such as methicillin-resistant Staphylococcus aureus (MRSA).
• Even if the world faces another viral pandemic, secondary bacterial infections will be a serious issue. During the COVID-19 pandemic for instance, large percentages of those hospitalized with COVID-19 required treatment for secondary bacterial infections.
• The exclusion of these measures would hinder efforts to protect people from future pandemics, and appears to be part of a broader shift to water-down the language in the Pandemic Instrument, making it easier for countries to opt-out of taking recommended actions to prevent future pandemics.

3. FOURTEEN FIXED-DOSE COMBINATION (FDC) MEDICINES

TAG: GS 2: HEALTH ISSUES

THE CONTEXT: Fourteen fixed-dose combination (FDC) medicines found to lack therapeutic relevance have been banned by the Central Government through a gazette notification. While industry experts claim that some of these combinations aren’t available in the market currently, the banned combinations include medicines used for cough, fever and infections, and are sold over the counter.

EXPLANATION:

• These banned drugs included those used for treating common infections, cough and fever combinations such as: Nimesulide Paracetamol dispersible tablets, Chlopheniramine Maleate Codeine Syrup, Pholcodine Promethazine, Amoxicillin Bromhexine and Bromhexine Dextromethorphan Ammonium Chloride Menthol, Paracetamol Bromhexine Phenylephrine Chlorpheniramine Guaiphenesin and Salbutamol Bromhexine.
• The expert committee said that there is “no therapeutic justification for this FDC (fixed dose combination) and the FDC may involve risk to human beings.
• Hence, in the larger public interest, it is necessary to prohibit the manufacture, sale or distribution of this FDC under section 26 A of the Drugs and Cosmetics Act, 1940.

Fixed-Dose Combination (FDC) medicines:

• According to the Central Drugs Standard Control Organisation (CDSCO), FDCs refer to products containing one or more active ingredients used for a particular indication(s).
• FDCs can be divided into the following groups and data required for approval for marketing is described below:
• The first group of FDCs includes those in which one or more of the active ingredients is a new drug. For such FDCs to be approved for marketing data to be submitted will be similar to data required for any new drug (including clinical trials).
• The second group FDCs includes those in which active ingredients already approved/marketed individually are combined for the first time, for a particular claim and where the ingredients are likely to have significant interaction of a pharmacodynamic or pharmacokinetic nature.
• The third group of FDCs includes those which are already marketed, but in which it is proposed either to change the ratio of active ingredients or to make a new therapeutic claim. For such FDCs, the appropriate rationale including published reports should be submitted to obtain marketing permission. Permission will be granted depending upon the nature of the claim and data submitted.
• The fourth group of FDC includes those whose individual active ingredients (or drugs from the same class) have been widely used in a particular indication(s) for years, their concomitant use is often necessary and no claim is proposed to be made other than convenience. It will have to be demonstrated that the proposed dosage form is stable and the ingredients are unlikely to have significant interaction of a pharmacodynamic or pharmacokinetic nature. No additional animal or human data are generally required for these FDCs, and marketing permission may be granted if the FDC has an acceptable rationale.

Central Drugs Standard Control Organisation (CDSCO):

• It is under Directorate General of Health Services,Ministry of Health & Family Welfare,Government of India.
• Its headquarter is located at FDA Bhawan, Kotla Road, New Delhi and also has six zonal offices,four sub zonal offices,thirteen Port offices and seven laboratories spread across the country.
• The Drugs & Cosmetics Act,1940 and rules 1945 have entrusted various responsibilities to central & state regulators for regulation of drugs & cosmetics.
• It envisages uniform implementation of the provisions of the Act & Rules made there under for ensuring the safety, rights and well being of the patients by regulating the drugs and cosmetics.
• Under the Drugs and Cosmetics Act, CDSCO is responsible for approval of Drugs, Conduct of Clinical Trials, laying down the standards for Drugs, control over the quality of imported Drugs in the country and coordination of the activities of State Drug Control Organizations by providing expert advice with a view of bring about the uniformity in the enforcement of the Drugs and Cosmetics Act.
• Further CDSCO along with state regulators, is jointly responsible for grant of licenses of certain specialized categories of critical Drugs such as blood and blood products, I. V. Fluids, Vaccine and Sera.
• The Central Drugs Standard Control Organization (CDSCO) is the primary regulatory body for medical devices in India. It is responsible for overseeing the import, manufacture, sale, and distribution of medical devices in the country.

4. THE DECADE-LONG SEARCH FOR A RARE HIGGS BOSON DECAY

TAG: GS 3: SCIENCE AND TECHNOLOGY

THE CONTEXT: Recently, physicists working with the Large Hadron Collider (LHC) particle-smasher at CERN, in Europe, reported that they had detected a Higgs boson decaying into a Z boson particle and a photon. This is a very rare decay process that tells us important things about the Higgs boson as well as about our universe.

EXPLANATION:

• The Higgs boson is a type of boson, a force-carrying subatomic particle.
• It carries the force that a particle experiences when it moves through an energy field, called the Higgs field, that is believed to be present throughout the universe.
• For example, when an electron interacts with the Higgs field, the effects it experiences are said to be due to its interaction with Higgs bosons
• The stronger a particle’s interaction with the Higgs boson, the more mass it has. This is why electrons have a certain mass, protons have more of it, and neutrons have just a little bit more than protons, and so on.
• A Higgs boson can also interact with another Higgs boson: this is how we know that its mass is greater than that of protons or neutrons.
• Photons, the particles of light, have no mass because they don’t interact with Higgs bosons

How did a Higgs boson decay to a Z boson and a photon if it doesn’t interact with photons and what are virtual particles?

• According to quantum field theory, which is the theory physicists use to study these interactions, space at the subatomic level is not empty. It is filled with virtual particles, which are particles that quickly pop in and out of existence. They can’t be detected directly, but according to physicists their effects sometimes linger.
• The LHC creates a Higgs boson by accelerating billions of highly energetic protons into a head-on collision, releasing a tremendous amount of energy that condenses into different particles.
• When a Higgs boson is created in this hot soup, it has a fleeting interaction with virtual particles that creates a Z boson and a photon.

What is the new result?

• Higgs boson is an unstable particle because it is so heavy, that decays into lighter particles.
• For example, this theory, called the Standard Model, says that a Higgs boson will decay to a Z boson and a photon 0.1% of the time. This means the LHC needed to have created at least 1,000 Higgs bosons to have been able to spot one of them decaying to a Z boson and a photon.
• As it happens, the Z boson is also unstable. Z bosons decay to two muons some 3% of the time. If the detectors at the LHC were looking for a pair of muons plus a photon created at the same time, the LHC would have had to create at least 30,000 Higgs bosons to observe the decay just once.
• The two detectors that announced the new measurement, called ATLAS and CMS, had in fact looked for and found the decay before as well (in 2018 and 2020). On this occasion, however, the two teams combined their data, collected “between 2015 and 2018”, and as a result “significantly increased the statistical precision and reach of their searches,” according to a CERN statement.

What is the Standard Model?

• The Standard Model has made many accurate predictions but it can’t explain what dark matter is or, in fact, why the Higgs boson is so heavy. Testing its predictions as precisely as possible is a way for physicists to find whether there are any cracks in the Model – cracks through which they can validate new theories of physics.
• Standard Model predicts that the Higgs boson will take this path 0.1% of the time if its mass is 125 billion eV/c2 (a unit of mass used for subatomic particles).

5. THE ENERGY PROGRESS REPORT 2023

TAG: PRELIMS PERSPECTIVE

THE CONTEXT:  According to the energy progress report 2023, World still off-track from achieving universal energy access to all i.e SDG 7. High inflation, debt distress, policy inactions and lagging financial flows slowing access to electricity, clean cooking in developing economies

EXPLANATION:

Finding of the report:

• SDG 7 includes reaching universal access to electricity and clean cooking, doubling historic levels of efficiency improvements, and substantially increasing the share of renewables in the global energy mix.
• Several major economic factors are impeding the realisation of SDG 7 globally, like uncertain macroeconomic outlook, high levels of inflation, currency fluctuations, debt distress in many countries, lack of financing, supply chain bottlenecks, tighter fiscal circumstances and soaring prices for materials.
• The rate of improvement in energy efficiency (target 7.3) is not on track to double by 2030, with the current trend of 1.8 per cent falling short of the targeted increase of 2.6 per cent each year between 2010-2030.
• Globally, access to electricity grew by an annual average of 0.7 percentage points between 2010 and 2021, rising from 84 per cent of the world’s population to 91 per cent.
• With the ongoing impact of COVID-19 and soaring energy prices, the IEA estimates show 100 million people who recently transitioned to clean cooking may revert to using traditional biomass, the report added.
• In 2020, the share of renewable energy in total final energy consumption stood at just 19.1 per cent (or 12.5 per cent if traditional use of biomass is excluded), not much more than the 16 per cent a decade earlier.

Sustainable Development Goal:

• Sustainable Development Goals are the blueprint to achieve a better and more sustainable future for all.
• They address the global challenges we face, including those related to poverty, inequality, climate change, environmental degradation, peace and justice.
• The 17 Goals are all interconnected, and in order to leave no one behind, it is important that we achieve them all by 2030.

Energy Progress Report:

• IRENA produces the report jointly with the SDG 7 co-custodian agencies: the International Energy Agency (IEA), the United Nations Statistics Division (UNSD), the World Bank, and the World Health Organization (WHO).
• The Energy Progress Report provides the international community with a global dashboard to register progress on the targets of Sustainable Development Goal 7 (SDG7): ensuring universal energy access, doubling progress on energy efficiency and substantially increasing the share of renewable energy.
• It also registers progress towards enhanced international cooperation to facilitate access to clean and renewable energy by 2030, as well as on the expansion of infrastructure and technology upgrade for supplying modern and sustainable energy services for all in developing countries.
• It assesses the progress made by each country on these targets and provides a snapshot of how far we are from achieving SDG7. The 2022 release is the eight edition of this report, which was formerly known as the Global Tracking Framework (GTF).

International Energy Agency:

• It is an international energy forum comprised of 29 industrialized countries under the Organization for Economic Development and Cooperation (OECD).
• The IEA was established in 1974, in the wake of the 1973-1974 oil crisis, to help its members respond to major oil supply disruptions, a role it continues to fulfill today.
• IEA’s mandate has expanded over time to include tracking and analyzing global key energy trends, promoting sound energy policy, and fostering multinational energy technology cooperation.

International Renewable Energy Agency (IRENA):

• It is an intergovernmental organisation that supports countries in their transition to a sustainable energy future, and serves as the principal platform for international cooperation, a centre of excellence, and a repository of policy, technology, resource and financial knowledge on renewable energy.
• IRENA promotes the widespread adoption and sustainable use of all forms of renewable energy, including bioenergy, geothermal, hydropower, ocean, solar and wind energy in the pursuit of sustainable development, energy access, energy security and low-carbon economic growth and prosperity.

1. INDEPENDENCE OF JUDICIARY

TAGS: GS 2: JUDICIARY

THE CONTEXT: The Supreme Court has held that the independence of district judiciary is part of the basic structure of the Constitution and judicial independence from the executive and the legislature requires the judiciary to have a say in matters of finances.

EXPLANATION:

• In India, there is a parliamentary form of government which do not make a clear demarcation between legislature and executive but maintain a clear distinction between them and the judiciary.
• The Indian Constitution specifically directs the state to separate the judiciary from the executive in the public services of the State.
• As such Indian constitution does not explicitly states the independence of the judiciary but in keshavanada Bharti’s case this is considered a part of the Basic Structure of the Indian constitution.
• Rule of law and independence of the judiciary is the basic feature of the constitution, and one cannot separate them even not through a constitutional amendment.

Cases where the principle of independence of the judiciary is laid down:

• In the case of Supreme court Advocate on Record Association and other vs Union of India

(1993), the court observe that the independence of the judiciary is important to have efficient democracy and could able to function in a good way. And stated that the powers and rights of the legislature and executive should not hamper the functioning of the judiciary.

• In the case of SP Gupta vs Union of India (1982), the court held the judges who are sitting to uphold the law must be working in a fearless way which is the basic feature of the independence of the judiciary.

The Supreme Court

• The Supreme Court of India comprises the chief justice and thirty other judges.
• These judges are appointed by the President of India after consultation with judges of the supreme court and of the high courts of the state.
• For the appointment of judges, the chief justice is the person who is consulted.
• The retirement period for judges starts after 65 years of age. They can be removed earlier also the process of removal can be possible on the grounds of misconduct or incapacity of the Judge by the order of the president with a special majority in the Parliament.
• Administrative expenses of the court such as salaries and pensions of the judges and other staff are taken from the consolidated fund of India and can be altered by the Parliament.

The High courts

• The constitution provides for a High Court for each State, though Parliament is also authorized to establish a common High Court for two or more States or two or more States and a Union Territory.
• High court judges are appointed by President after consultation with the chief justice of India, the governor of the state and the chief justice of the high court.
• The high court judges can function till the age of 62. They hold this tenure on basis of good behaviour and can be removed in the same manner in which the Supreme Court Judge can be removed.
• The salaries and pensions of high court judges are mentioned in the Constitution and can be altered by Parliament. High court judges may be transferred from one high court to another.
• The high court has original and appellate jurisdiction and can issue writs if fundamental rights are violated. Same to the Supreme Court.
• The administrative expenses like salaries, and pensions of judges of the high court are taken from the consolidated fund of the Indian state.

District Court:

• The Governor of the state in consultation with the high court appoints District Court Judge.
• Only a person who is either already in the legal service of the Union or of the State or has been an advocate for at least seven years and is recommended by the High Court can be appointed a district judge.
• These courts dispense justice at the district level. These courts are under the control of high courts present in the states.
• Decision by District Court is subject to appeal and the appeal went to the high court. The control of the District Court and courts below it, like the position and promotion of judges vested in the hands of the high court. The Governor of a State may apply these provisions even to the magistrates in that State.[18]
  Article 233[19] of the constitution deals with the appointment of district judges.

Basic Structure of Constitution:

• In 1973, a 13-judge Constitution Bench ruled in Kesavananda Bharati v. State of Kerala that Article 368 of the Constitution does not enable Parliament to amend the basic framework of the document.
• The historic ruling came to be known as the “basic structure” doctrine a judicial principle that the Constitution has certain basic features that cannot be altered or destroyed by amendments by Parliament.
• Over the years, various facets of the basic structure doctrine have evolved, forming the basis for judicial review of Constitutional amendments.

Kesavananda judgement listed some basic structures of the constitution as:

• Supremacy of the Constitution
• Unity and sovereignty of India
• Democratic and republican form of government
• Federal character of the Constitution
• Secular character of the Constitution
• Separation of power
• Individual freedom

Over time, many other features have also been added to this list of basic structural features. Some of them are:

• Rule of law
• Judicial review
• Parliamentary system
• Rule of equality
• Harmony and balance between the Fundamental Rights and DPSP
• Free and fair elections
• Limited power of the parliament to amend the Constitution
• Power of the Supreme Court of India under Articles 32, 136, 142 and 147
• Power of the High Court under Articles 226 and 227

2. X-RAY POLARIMETER SATELLITE (XPoSat) MISSION

TAGS: GS 3: SCIENCE AND TECHNOLOGY

THE CONTEXT: The Indian Space Research Organisation is collaborating with the Raman Research Institute (RRI), Bengaluru, an autonomous research institute, to build the X-Ray Polarimeter Satellite (XPoSat)

EXPLANATION:

What is the XPoSat mission?

• It is India’s first, and only the world’s second polarimetry mission that is meant to study various dynamics of bright astronomical X-ray sources in extreme conditions.
• By measuring the polarisation of these X-rays, it can be studied where the light came from and understand the geometry and inner workings of the light source.

XPoSat’s payloads:

• The spacecraft will carry two scientific payloads in a low earth orbit.
• POLIX (Polarimeter Instrument in X-rays)
• It is primary payload and it will measure the polarimetry parameters i.e degree and angle of polarization in medium X-ray energy range of 8-30 keV photons of astronomical origin.
• The payload is being developed by RRI in collaboration with ISRO’s U R Rao Satellite Centre (URSC) in Bengaluru.
• POLIX is expected to observe about 40 bright astronomical sources of different categories during the planned lifetime of XPoSat mission of about 5 years. This is the first payload in the medium X-ray energy band dedicated for polarimetry measurements.
• XSPECT (X-ray Spectroscopy and Timing) payload
• It is secondary payload and it will give spectroscopic information on how light is absorbed and emitted by objects) in the energy range of 0.8-15 keV.
• It would observe several types of sources, such as X-ray pulsars, blackhole binaries, low-magnetic field neutron star, etc.

Aims of the mission:

• The emission mechanism from various astronomical sources such as blackhole, neutron stars, active galactic nuclei, pulsar wind nebulae etc. originates from complex physical processes and are challenging to understand.
• While the spectroscopic and timing information by various space based observatories provide a wealth of information, the exact nature of the emission from such sources still poses deeper challenges to astronomers.
• The polarimetry measurements add two more dimension to our understanding, the degree of polarization and the angle of polarization and thus is an excellent diagnostic tool to understand the emission processes from astronomical sources.
• The polarimetric observations along with spectroscopic measurements are expected to break the degeneracy of various theoretical models of astronomical emission processes. This would be the major direction of research from XPoSat by Indian science community.

NASA’s Imaging X-ray Polarimetry Explorer (IXPE):

• The other such major mission is NASA’s Imaging X-ray Polarimetry Explorer (IXPE) that was launched in 2021.
• IXPE carries three state-of-the-art space telescopes. Each of the three identical telescopes hosts one light-weight X-ray mirror and one detector unit.
• These will help observe polarized X-rays from neutron stars and supermassive black holes.

How are X-Rays witnessed in space?

• X-rays have much higher energy and much shorter wavelengths, between 0.03 and 3 nanometers, so small that some x-rays are no bigger than a single atom of many elements.
• The physical temperature of an object determines the wavelength of the radiation it emits.
• The hotter the object, the shorter the wavelength of peak emission.
• X-rays come from objects that are millions of degrees Celsius such as pulsars, galactic supernova remnants, and black holes.
• Like all forms of light, X-rays consist of moving electric and magnetic waves.
• Usually, peaks and valleys of these waves move in random directions. Polarised light is more organised with two types of waves vibrating in the same direction. It adds that fishermen use polarised lenses to reduce glare from sunlight when they are near water.
• The field of polarimetry studies the measurement of the angle of rotation of the plane of polarised light that is, a beam of light in which the vibrations of the electromagnetic waves are confined to one plane that results upon its passage through certain transparent materials.

3. ORGANIC PRODUCT CERTIFICATION IN INDIA

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT: A European Union (EU) audit has found “many weaknesses” in the certification of Indian organic products for exports to the EU, including farmers who are part of organic producer groups (PGs) knowing nothing about organic farming. An audit, carried out by the EU’s DG Health and Food Safety during November 14-25 in 2022, found the weaknesses in the supervision and implementation of the controls at various levels.

EXPLANATION:

Two types of organic certifications systems have been developed for quality assurance of organic products in country:

• Third Party Certification by Accredited Certification Agency under National Programme for Organic Production (NPOP) under Ministry of Commerce and Industry for development of export market.
• Participatory Guarantee System (PGS-India) under Ministry of Agriculture and farmers Welfare for meeting the demand of domestic market.

National Programme for Organic Production (NPOP):

• NPOP was launched during 2001 by the Government of India under Ministry of Commerce and Industry.
• The Agricultural and Processed Food Products Export Development Authority (APEDA), under Ministry of Commerce & Industries, Government of India is implementing the National Programme for Organic Production (NPOP).
• The programme involves the accreditation of Certification Bodies, standards for organic production, promotion of organic farming and marketing etc.
• NPOP is third party certification programme where the production and handling of activities at all stages such as production, processing, trading and export requirements for organic products is covered.  Also, the system for grading and quality control of organic products is equivalent to conventional products.
• It also ensures that the system effectively works and is monitored on regular basis.
• The NPOP standards for production and accreditation system have been recognized by European Commission and Switzerland for unprocessed plant products as equivalent to their country standards.
• With these recognitions, Indian organic products duly certified by the accredited certification bodies of India are accepted by the importing countries.

PGS-India programme

• Under PGS-India programme, Government is implementing Participatory Guarantee System of India (PGS-India) as a quality assurance initiative for certification of organic produce that is locally relevant, emphasizing the participation of stakeholders, including producers or farmers and consumers and operate outside the frame of third-party certification.
• In the operation of PGS-India, stakeholders including farmers or producers are involved in decision making and essential decisions about the operation of the PGS-India certification itself by assessing, inspecting and verifying the production practices of each other and collectively declare produce as organic.
• Food Safety Regulation has made it mandatory for organic products to be certified under NPOP or PGS for being sold in the domestic market under Jaivik Bharat logo.
• To ensure end-to-end traceability as per the requirements of regulatory framework under Food Safety Standard (FSS [Organic Foods] Regulation 2017, PGS-India programme also provides uninterrupted chain of custody, starting from producer groups till the products are processed and finally packed into retail packs.

4. GLOBAL ALLIANCE OF NATIONAL HUMAN RIGHTS INSTITUTIONS (GANHRI)

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT: For the second time in a decade, the U.N.-recognised Global Alliance of National Human Rights Institutions (GANHRI) deferred the accreditation of National Human Rights Commission, India (NHRC-India) citing objections like political interference in appointments, involving the police in probes into human rights violations, and poor cooperation with civil society.

EXPLANATION:

• As reported, GANHRI’s letter to the NHRC cited lack of diversity in staff and leadership, and insufficient action to protect marginalised groups, as reasons for the deferment of the accreditation.
• This came two months after seven human rights watchers/institutions wrote to GANHRI objecting to NHRC India’s ‘A’ rank.
• They also raised concerns regarding the commission’s lack of independence, pluralism, diversity and accountability that are contrary to the U.N.’s principles on the status of national institutions the ‘Paris Principles’.

Paris Principles:

• The United Nations Paris Principles, adopted in 1993 by the U.N. General Assembly, provide the international benchmarks against which National Human Rights Institutions (NHRI) can be accredited.
• The Paris Principles set out six main criteria that NHRIs are required to meet. These are: mandate and competence; autonomy from government; independence guaranteed by a statute or Constitution; pluralism; adequate resources; and adequate powers of investigation.

Global Alliance of National Human Rights Institutions (GANHRI)

• At the International Conference held in Tunis in 1993, NHRIs established the International Coordinating Committee of NHRIs (ICC) with the aim to coordinate the activities of the NHRI network. In 2016, the ICC changed its name into Global Alliance of National Human Rights Institutions (GANHRI).
• It is a representative body of national human rights institutions from all parts of the globe.
• The organisation is incorporated as a non-profit organisation under Swiss law. Its Statute, adopted in March 2009, sets out its objectives and how it operates.
• Its aim is to assist in establishing and strengthening independent and effective NHRIs, which meet the international standards set out in the Paris Principles.
• The positions of GANHRI Chairperson and Secretary are served on a rotational basis by representatives nominated by the four regional coordinating committees: Europe, Africa, the Americas and the Asia Pacific.
• The National Institutions and Regional Mechanisms Unit of OHCHR acts as GANHRI secretariat.
• GANHRI has a permanent representative in Geneva to support and facilitate the participation of NHRIs in the UN Human Rights Council and its human rights mechanisms.
• GANHRI encourages joint activities and cooperation among NHRIs; organises international conferences; liaises with the United Nations and other international organisations; assists NHRIs under threat; and, where requested, assists governments to establish NHRIs.
• The operations of GANHRI are managed by its Bureau, which is comprised of representatives from each of the four regional groupings: Africa, Americas, Europe and the Asia Pacific.
• Each regional grouping is represented by elected representatives from four ‘A status’ NHRIs.
• A key role of the Bureau is to assess applications for membership of the ICC. It also reviews and determines the accreditation status of NHRIs, following a recommendation from the Sub-Committee on Accreditation.
• In addition, the Bureau collaborates with the Office of the High Commissioner for Human Rights (OHCHR), in particular the National Institutions and Regional Mechanisms Unit, to facilitate the participation of NHRIs in the United Nations Human Rights Council.
• Bureau meetings are usually held twice a year; the first in conjunction with the first quarter session of the UN Human Rights Council and the second in conjunction with one of the NHRI regional network’s meetings.
• The GANHRI consists of sixteen, ‘A’ status NHRIs, four from each region, namely, the Americas, Europe, Africa, and the Asia-Pacific. ‘A’ status accreditation also grants participation in the work and decision-making of the GANHRI, as well as the work of the Human Rights Council and other U.N. mechanisms.
• The NHRC-India has been set up under the Protection of Human Rights Act passed by Parliament in 1993. It has been accredited as an ‘A’ Status NHRI since the beginning of the accreditation process for NHRIs in 1999, which it retained in 2006, 2011, and in 2017 also after a deferment.
• NHRC-India said that the GANHRI, through the Sub-Committee on Accreditation (SCA) is responsible for reviewing and accrediting NHRIs in compliance with the Paris Principles every five years. As part of this process, the review of the NHRC-India was due in March 2023 for its reaccreditation, which has been deferred for a year, meaning thereby no final decision has been taken as yet.

National Human Rights Commission:

• National Human Rights Commission is a public body which is constituted in 1993 after a thorough assessment of needs for establishing such bodies in order to address the human rights related issues and by keeping in consideration the ways and measures to apply for their protection.
• It was given complete statutory basis by The Protection of Human Rights Act, 1993 (TPHRA).

Composition of NHRC:

• A Chairperson who is a retired Chief Justice of India
• One Member who is or has been a Judge of the Supreme Court
• One Member who is or has been the Chief Justice of a High Court
• Two persons having knowledge or practical experience in matters relating to Human Rights.
• The President appoints the chairperson and the members of National Human Rights Commission, for which a committee nominates the names. This committee consists of Chairperson, the Prime Minister and the members including Home Minister, Leader of the Opposition in Lok Sabha, Leader of the Opposition in Rajya Sabha, Speaker and the Rajya Sabha Deputy Chairman.
• Further in addition to this, the Chairperson of the National Commission for Minorities, the National Commission for the Scheduled Castes and Scheduled Tribes and the National Commission for Women are deemed to be members of the National Human Rights Commission for the discharge of specific functions laid down.

Functions of NHRC:

• Inquire, on its own initiative or on a petition presented to it by a victim or any person on his behalf, into complaint of Violation of human rights or abetment or negligence in the prevention of such violation, by a public servant
• Intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court
• Review the safeguards by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation
• Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and further recommend appropriate remedial measures on the same
• Study treaties and other international instruments on human rights and make recommendations for their effective implementation
• Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means
• Encourage the efforts of non – Governmental organizations and institutions working in the field of human rights
• Undertake and promote research in the field of human rights
• Other functions considered necessary for promotion of human rights

5. OPEN RADIO ACCESS NETWORKS

TAGS:  PRELIMS PERSPECTIVE

THE CONTEXT: The Quad leaders, at their Summit in Hiroshima made a significant announcement to strengthen security architecture for open Radio Access Networks or RAN beginning with Palau in the Pacific Region.

EXPLANATION:

• Open Radio Access Networks (RAN) is a new approach to building mobile networks that are needed to connect smartphones and devices to the internet and other users.
• An Open Radio Access Network (ORAN) is a nonproprietary version of the Radio Access Network (RAN) system that allows interoperation between cellular network equipment provided by different vendors.

How is it better than RAN?

• In the traditional set-up, Radio Access Network is provided as an integrated platform of both hardware and software. Therefore, it is difficult to mix vendors for the radio and baseband unit, and in most cases, they come from the same supplier.
• The idea of Open RAN is to change this and enable operators to mix and match components. It goes a step further by opening the interfaces inside the base station. The Open RAN architecture allows for the separation or disaggregation between hardware and software with open interfaces.
• RAN has been based on proprietary technologies of original equipment makers such as Ericsson, Nokia, etc. With Open RAN, telecom players would have the flexibility to use in-house solutions or solutions from multiple vendors for RAN services.
• This would allow telecom operators to look beyond traditional vendors, thus creating opportunities for lesser-known vendors from abroad as well as from home to be part of the growing 5G ecosystem, based on their innovation competence.
• Network flexibility is another advantage of the Open RAN architecture. Being software-centric, it is scalable, agile and best of networks with improved network performance using artificial intelligence and machine learning.

How it works?

• Open Radio Access Network or Open RAN is a key part of a mobile network system that uses cellular radio connections to link individual devices to other parts of a network.
• It comprises antennae which transmits and receives signals to and from our smartphones or other compatible devices.
• The signal is then digitised in the RAN-base station and connected to the network.

Issues:

• Latency issues
• operations and maintenance
• servicing and maintaining a multi-vendor architecture