TOP 5 TAKKAR NEWS OF THE DAY (7th APRIL 2023)

POLITY AND GOVERNANCE

1. MHA RECOMMENDS CBI PROBE AGAINST OXFAM INDIA FOR FCRA VIOLATIONS

TAGS: GS-II & III- GOVERNANCE AND ECONOMY

THE CONTEXT: The Union Home Ministry recommended an investigation by the Central Bureau of Investigation (CBI) into the alleged violation of FCRA provisions by Oxfam India, one of the largest NGOs working on food, shelter and education of vulnerable groups.

THE EXPLANATION:

  • According to Government Officials, that the NGO was registered under the FCRA for undertaking “social” activities and its registration was valid till December 31, 2021.
  • The official said that Oxfam continued to transfer foreign funds to various other entities even after the Foreign Contribution (Regulation) Amendment Act, 2020, which prohibits such transfers, came into force. “The amendment came in force on September 29, 2020. The Oxfam India transferred funds to other NGOs, violating provisions of the FCRA”.
  • The recommendation for a CBI investigation comes after Income Tax authorities on September 7, 2022 searched the offices of Oxfam India and Centre for Policy Research (CPR), one of the leading public policy think tanks.

Foreign Contribution (Regulation) Act:

  • It is an act of Parliament enacted in 1976 and amended in 2010. It was to regulate foreign donations and to ensure that such contributions do not adversely affect internal security.
  • Coverage: It is applicable to all associations, groups, and NGOs which intend to receive foreign donations.
  • Registration: It is mandatory for all such NGOs to register themselves under the FCRA. The registration is initially valid for five years. Further, it can be renewed subsequently if they comply with all norms.
  • Registered NGOs can receive foreign contributions for five purposes — social, educational, religious, economic, and cultural. There are 22,591 FCRA registered NGOs.

Foreign Contribution Regulation (Amendment) Rules 2020:

  • New rules require any organization that wants to register itself under the FCRA to have existed for at least three years. Further, it should have spent a minimum of Rs. 15 lakh on its core activities during the last three financial years for the benefit of society.
  • Office bearers of the NGOs seeking registration under the Foreign Contribution (Regulation) Act must submit a specific commitment letter from the donor. It should indicate the amount of foreign contribution and the purpose for which it is proposed to be given.
  • Any NGO or person making an application for obtaining prior permission to receive foreign funds shall have an FCRA Account.

2. CENTRE NOTIFIES CHANGES TO IT RULES, 2021

TAGS: GS-II-GOVERNANCE

THE CONTEXT:The Union Ministry of Electronics and Information Technology (Meity) notified amendments to the contentious IT rules, 2021 inserting a clause that will need intermediaries — social media companies such as Twitter and Facebook — to ensure users do not post content about the Union government that has been “fact checked” by an approved body.

THE EXPLANATION:

  • While the Government said the measure on fact-checking was meant to combat misinformation, experts raised concerns about the government assuming a role in doing this. Recently, the Supreme Court, as it struck down a ban on a media channel, said restrictions to free speech cannot be applied to criticism of government policy. “Criticism of governmental policy can by no stretch of imagination be brought within the fold of any of the grounds stipulated in Article 19(2)”.
  • Section 79 of the IT Act gives social media companies legal immunity from liability of what their users post as long as they carry out the necessary due diligence outlined by the government.
  • In an earlier version, the rules put the onus on intermediaries to ensure users do not “host, display, upload, modify, publish, transmit, store, update or share any information” that “is identified as fake or false by the fact check unit at the Press Information Bureau of the Ministry of Information and Broadcasting or other agency authorised by the central government.”
  • The latest version does not mention the PIB fact-check unit. “There is a possibility that the organisation will be the Press Information Bureau fact-check unit, so that it is notified under the government’s rules so that they can use the power of the IT rules”.
  • PIB on several occasions has sought to rebut media reporting with its fact-check. When the first version of the rules were released, experts said it fell afoul of Article 19(2) of the Constitution, which deals with reasonable restrictions on free speech.

ENVIRONMENT AND ECOLOGY

3. SEA LAMPREY: A GREAT LAKES INVADER

TAGS:GS-III- ENVIRONMENT-SPECIES IN NEWS- PRELIMS

THE CONTEXT: Recently, a parasitic Sea Lamprey, believed to have gone extinct, spotted on Netherlands beach, which is infamous for sucking and consuming the blood of its prey.

THE EXPLANATION:

  • The sea lamprey—an ancient Atlantic fish that wreaked havoc on the Great Lakes—may be America’s first destructive invasive species.
  • They are unique from many other fish species in that they do not have jaws or other bony structures. Instead, they possess a cartilaginous skeleton and a large oral disk filled with sharp, horn-shaped teeth that surround a toothed tongue.
  • They have remained largely unchanged for more than 340 million years, since the Paleozoic Era, and survived through at least four major extinction events, as noted by the Great Lakes Fishery Commission in 2021.
  • Sea lampreys have had an enormous, negative impact on the Great Lakes fishery, inflicting considerable damage.
  • Before the sea lamprey invasion, Canada and the United States harvested about 15 million pounds of lake trout in the upper Great Lakes each year. By the late 1940s, sea lamprey populations had exploded.
  • During the time of highest sea lamprey abundance, up to 85% of fish that were not killed by sea lampreys were marked with sea lamprey attack wounds.
  • IUCN Status: Least Concern.

4. CHONDROSTEREUM PURPUREUM

AGS:GS-III- ENVIRONMENT-SPECIES IN NEWS- PRELIMS

THE CONTEXT: A recent case report published in Medical Mycology Case Reports revealed that a man in Kolkata, was infected with Chondrostereum purpureum, a plant fungus. This discovery has raised concerns about the potential risks of fungal infections in humans, especially in the context of global warming.

THE EXPLANATION:

The Case of Chondrostereum Purpureum Infection in a Man

  • The infected man exhibited symptoms such as hoarse voice, cough, fatigue, and difficulties swallowing. These symptoms were caused by the fungus invading the man’s larynx, which made it difficult for him to speak and swallow.
  • The doctors who treated the patient noted that this was a rare case and that there are only a few fungal species that cause infections in humans.

Chondrostereum Purpureum and Silver Leaf Disease in Plants

  • Chondrostereum purpureum is a fungus that causes silver leaf disease in plants, especially in species of rose families. The fungus enters the plant through a wound and then colonizes the xylem tissue, leading to leaf discoloration and leaf death.
  • The silver leaf disease can be detrimental to the growth and health of plants, and can also cause economic losses for farmers.

The Vulnerability of Humans to Fungal Infections

  • Human beings having compromised immune system are most susceptible to fungal infection. Fungal infections can also occur in healthy individuals, but they are generally less severe.
  • The recent case of Chondrostereum purpureum infection in a man highlights the potential risks of fungal infections in humans, especially in the context of rising atmospheric temperature.

Global Warming and Fungal Infections

  • Global warming is expected to increase the prevalence of fungal diseases in humans. Most fungi thrive in a temperature range of 12°C to 30°C, and rising temperatures can change the distribution of heat-tolerant and susceptible species by favouring those that are more thermotolerant.
  • This narrowing of the thermal difference between the human body and its surroundings increases the chance of the prevalence of fungal diseases.

MISCELLANEOUS

5. WORLD HEALTH DAY 2023

TAGS: MISCELLANEOUS- PRELIMS

THE CONTEXT: World Health Day is celebrated on the 7th of April every year to raise awareness about global health and work towards improving it. It is an opportunity to focus on a specific health issue that affects people worldwide.

THE EXPLANATION:

  • This year, 7 April marks the 75th anniversary of the founding of WHO. In 1948, countries of the world came together to establish the United Nations specialized agency to promote health, keep the world safe and serve the vulnerable – so that everyone, everywhere can attain the highest level of health and well-being.

World Health Day 2023: Theme of the day

  • The World Health Organisation also shared some ideas to mark this day. WHO said that people around the world could organize a World Health Day event for their communities.
  • “Work with health champions and influencers to mobilize your community to demand your right to access quality health service without falling into financial hardship”.
  • Collaborating with artists, musicians, influencers, social workers, celebrities and other influencing personalities around the world to spread the message behind “Health For All” was also an idea given by WHO to mark the day.
  • Schools, colleges and other educational institutions can also organise activities to educate students about healthy practices that can be followed on a daily basis.



TOP 5 TAKKAR NEWS OF THE DAY (21st FEBRUARY 2023)

GEOGRAPHY

1. BOKANG-BALING HYDROELECTRIC PROJECT

TAGS: PRELIMS- GS-I- GEOGRAPHY

THE CONTEXT:Residents of Pithoragarh district’s Dharchula town recently staged a protest against the proposed Bokang-Baling Hydroelectric Project.

THE EXPLANATION:

About Bokang-Baling Hydroelectric Project:

  • It is a proposed hydroelectric project on river Dhauliganga in the Pithoragarh district in Uttarakhand.
  • It has a proposed installed capacity of 165 MW.
  • The project involves the construction of a concrete gravity dam of 65 m from river bed level and an underground Power House.
  • The project is being implemented by THDC India Limited.

Dhauliganga river:

  • Origin: It rises in the vicinity of the NitiPassin the border regions between Garhwal region of Uttarakhand and southwestern Tibet.
  • It is one of the important tributaries of Alaknanda, the other being the Nandakini, Pindar, Mandakini, and Bhagirathi.
  • It meets the Alaknanda River(the major source stream of the Ganges river) at Vishnuprayag in Uttarakhand.
  • Length: The length of this river is about 94 km.
  • Tapovan, which is famous for its hot springs, is located on the banks of Dhauliganga.

THDC India Limited:

  • THDC India Limited (Formerly Tehri Hydro Development Corporation Limited) is a company jointly owned by the Government of India and the Government of Uttar Pradesh.
  • It was registered as a Public Limited Company in 1988 under the Companies Act 1956 to operate and maintain the Tehri Hydro Power Complex and other Hydro Projects.
  • It is a Mini Ratna Category-I Enterprise.

POLITY

2. WHAT IS THE COMMITTEE OF PRIVILEGES IN PARLIAMENT?

TAGS: PRELIMS- GS-II- POLITY

THE CONTEXT:Rajya Sabha Chairman recently asked the committee of privileges to investigate the alleged breach of privilege by 12 opposition lawmakers for repeatedly entering the well of the House, shouting slogans, and obstructing its proceedings.

THE EXPLANATION:

About Committee of Privileges:

  • This committee consists of 15 members in Lok Sabha ( 10 in case of Rajya Sabha) nominated by the Speaker (Chairman in case of Rajya Sabha).
  • In the Rajya Sabha, the deputy chairperson heads the committee of privileges.
  • Powers and Functions:
  • The committee examines every question involving a breach of privilege of the House or of the members or of any Committee thereof referred to it by the House or by the Speaker/Chairman.
  • It also determines with reference to the facts of each case whether a breach of privilege is involved and makes suitable recommendations in its report.
  • It also states the procedure to be followed by the House in giving effect to its recommendations.
  • When a question of privilege is referred to the Committee by the House, the report of the Committee is presented to the House by the Chairman or, in his absence, by any member of the Committee.
  • Where a question of privilege is referred to the Committee by the Speaker, the report of the Committee is presented to the Speaker who may pass final orders thereon or direct that it be laid on the Table of the House.
  • The Speaker/Chairman may refer to the Committee any petition regarding the disqualification of a member on the ground of defection for making a preliminary inquiry and submitting a report to him.
  • The procedure to be followed by the Committee in these cases is so far as may be the same as in applicable to questions of breach of privilege.

HEALTH ISSUES

3. WHAT IS ADENOVIRUS?

TAGS: PRELIMS- GS-II- HEALTH ISSUES

THE CONTEXT:Bengal health authorities have been asked to be vigilant after the state recently recorded a big spike in adenovirus cases.

THE EXPLANATION:

About Adenovirus:

  • Adenoviruses are a group of viruses that can cause mild to severe infections throughout your body.
  • They can cause a wide range of illnesses, such as the common cold, fever, sore throat, acute bronchitis, pneumonia, pink eye, and acute gastroenteritis.
  • There are many different types of adenoviruses, so that people can get infected more than once.
  • Adenovirus infections occur throughout the year, but they tend to peak in the winter and early spring.
  • Adenoviruses can affect people of all ages, but they’re most common in children younger than 5 years old.
  • Most adenovirus infections are mild, but they can be more severe in people with weakened immune systems or existing respiratory or cardiac disease.

Transmission modes:

  • Adenoviruses are very contagious. They can spread from an infected individual to others via close contacts, such as touching or shaking hands.
  • Infected particles can also transfer through coughing and sneezing.
  • Fecal material can spread the infection via contaminated water, dirty diapers, and poor hand washing.

Treatment:

There is currently no specific course of treatment or approved antiviral medication.

Some medications with proper rest are advised to control the symptoms.

ECONOMIC DEVELOPMENTS

4. FIRST LOSS DEFAULT GUARANTEE (FLDG) SYSTEM

TAGS: PRELIMS- GS-III-ECONOMY

THE CONTEXT:Banks and non-banking financial companies (NBFCs) have almost paused tie-ups with fintech players under the first loan default guarantee (FLDG) structure for lending in the absence of clarity on contractual agreements from the Reserve Bank of India (RBI).

THE EXPLANATION:

About the First Loss Default Guarantee (FLDG) system:

  • FLDG is a lending model between a fintech and a regulated entity in which a third party guarantees to compensate up to a certain percentage of default in a loan portfolio of the regulated entities (RE).
  • Under these agreements, the fintech originates a loan and promises to compensate the partners up to a pre-decided percentage in case customers fail to repay.
  • The bank/NBFC partners lend through the fintech but from their books.
  • FLDG helps expand the customer base of traditional lenders but relies on the fintech’s underwriting capabilities.

What is FinTech?

  • Financial Stability Board (FSB) has defined FinTech as “technologically enabled innovation in financial services that could result in new business models, applications, processes or products with an associated material effect on financial markets and institutions and the provision of financial services”.

PRELIMS PERSPECTIVE

5. WHAT IS ‘JAADUI PITARA’?

TAGS: PRELIMS- GS-II- GOVERNANCE

THE CONTEXT:Union Education Minister recently launched an innovative learning material for foundational years of children called “Jadui Pitara”.

THE EXPLANATION:

About ‘Jadui Pitara’:

  • The ‘Jadui Pitara’ or ‘Magic Collection is a play-based learning material for children in the age group of three to eight years.
  • It is launched by the Union Ministry of Education.
  • It has been designed on the motto of ”learning through play”, as envisaged in the new National Education Policy (NEP).
  • It comprises of playbooks, toys, puzzles, posters, flashcards, storybooks, and worksheets, as well as reflecting the local culture, social context, and languages.
  • It is designed to pique curiosity and accommodate the diverse needs of learners at the foundational stage.
  • It is developed under the curricular goals of National Curriculum Framework for Foundational Stage (NCF-FS) as recommended by the National Education Policy (NEP) 2020.
  • The resources on ‘Jadui Pitara’ will be digitally available on DIKSHA platform – portal and mobile app.
  • The pitara is available in 13 Indian languages.

What is the National Curriculum Framework for Foundational Stage (NCF-FS)?

  • It is one of the four National Curriculum Frameworks (NCFs).
  • It is India’s first-ever integrated Curriculum Framework for children between ages 3-8.
  • It is a direct outcome of the 5+3+3+4 ‘curricular and pedagogical’ structure that NEP 2020 has recommended for School Education.
  • NCF-FS has been developed by NCERT through an extensive consultative process with States & Union Territories up to grass root level and various institutions and organizations.



TOP 5 TAKKAR NEWS OF THE DAY (7th FEBRUARY 2023)

GOVERNANCE

1. WHAT IS NO FLY LIST?

TAGS: PRELIMS PERSPECTIVE- GS-II-GOVERNANCE

THE CONTEXT: According to the Ministry of Civil Aviation, In last 1 year, a total of 63 passengers have been placed in “No Fly List” for such period, as recommended by the airline’s Internal Committee constituted in accordance with Civil Aviation Requirements (CAR). These include 02 (two) incidents of urinating that have come to the notice of Directorate General of Civil Aviation (DGCA).

THE EXPLANATION:

What are the rules for putting a flier on the no-fly list?

  • In 2017, the government issued rules for preventing disruptive behaviour by air travellers and laid down guidelines for a no-fly list. As per the rules, a complaint of unruly behaviour needs to be filed by the pilot-in-command, and this is to be probed by an internal committee to be set up by the airline.
  • During the period of pendency of the inquiry, the rules empower the concerned airline to impose a ban on the passenger. The committee is to decide the matter within 30 days, and also specify the ban duration.
  • The rules define three categories of unruly behaviour: Level 1 refers to behaviour that is verbally unruly, and calls for debarment up to three months; Level 2 indicates physical unruliness and can lead to the passenger being debarred from flying for up to six months; Level 3 indicates life-threatening behaviour for which the debarment would be for a minimum of two years.

Why is there a no-fly list?

  • The Civil Aviation Requirements issued by the Directorate General of Civil Aviation (DGCA) note that unruly behaviour on board aircraft has been declared an offence and is a punishable act. Even one unruly passenger can jeopardise safety on board. The government kick-started the process of developing these rules after an incident involving then Shiv Sena MP Ravindra Gaikwad assaulting an Air India staffer on a flight back in 2017.
  • Subsequently, a clutch of airlines banned Gaikwad from travelling on their flights; this was in effect for two weeks. The government came out with the no-fly list in September that year.

How do other countries manage no-fly lists?

  • India is one of the few countries where airlines have been empowered to straight away ban a person from taking their flights. In aviation markets like the US or Canada, the no-fly list is more oriented to be a terror-watch program.
  • In the US, the no-fly list had less than 20 people prior to 9/11, but sky-rocketed to thousands following the attacks. Cases of disruption with unruly behaviour, however, has got people on the no-fly list in the US. In 2016, US-based Delta Airlines banned a passenger for life after he was caught on video shouting profane political comments on its flight.

SCIENCE AND TECHNOLOGY

2. NISAR MISSION

TAGS: PRELIMS- GS-III- SCIENCE AND TECHNOLOGY

THE CONTEXT: NASA-ISRO partnership’s satellite all set to arrive in India,Once launched into space, NISAR will provide critical information on Earth’s crust, ice sheets, and ecosystems, helping researchers better understand the causes and consequences of land surface changes.

THE EXPLANATION:

  • Jointly developed by the National Aeronautics and Space Administration (NASA) and the Indian Space Research Organisation (ISRO), an Earth-observation satellite, called NISAR (NASA-ISRO Synthetic Aperture Radar), got a send-off ceremony at the American space agency’s Jet Propulsion Laboratory (JPL) in Southern California on (February 3)2023.
  • The SUV-size satellite will be shipped to India in a special cargo container flight later this month for a possible launch in 2024 from Satish Dhawan Space Centre in Andhra Pradesh.

What is NISAR?

  • NISAR has been built by space agencies of the US and India under a partnership agreement signed in 2014. The 2,800 kilograms satellite consists of both L-band and S-band synthetic aperture radar (SAR) instruments, which makes it a dual-frequency imaging radar satellite.
  • While NASA has provided the L-band radar, GPS, a high-capacity solid-state recorder to store data, and a payload data subsystem, ISRO has provided the S-band radar, the GSLV launch system and spacecraft.
  • According to NASA, another important component of the satellite is its large 39-foot stationary antenna reflector. Made of a gold-plated wire mesh, the reflector will be used to focus “the radar signals emitted and received by the upward-facing feed on the instrument structure”.

What is the mission?

  • Once launched into space, NISAR will observe subtle changes in Earth’s surfaces, helping researchers better understand the causes and consequences of such phenomena. It will spot warning signs of natural disasters, such as volcanic eruptions, earthquakes and landslides. The satellite will also measure groundwater levels, track flow rates of glaciers and ice sheets, and monitor the planet’s forest and agricultural regions, which can improve our understanding of carbon exchange.
  • By using synthetic aperture radar (SAR), NISAR will produce high-resolution images. SAR is capable of penetrating clouds and can collect data day and night regardless of the weather conditions.
  • According to NASA, “the instrument’s imaging swath — the width of the strip of data collected along the length of the orbit track — is greater than 150 miles (240 kilometres), which allows it to image the entire Earth in 12 days.”

DISASTER MANAGEMENT

3. THE WORLD’S DEADLIEST EARTHQUAKES SINCE 2000

TAGS: PRELIMS & GS-III DISASTER MANAGEMENT

THE CONTEXT: Turkey has experienced powerful earthquakes since the early hours of 6th February 2023, with the first one, a quake of magnitude 7.8, being described as the strongest the country has experienced in over a century.

THE EXPLANATION:

  • A magnitude 7.8 earthquake shook Turkey and Syria killing more than 3,400 people in the two countries.
  • The death toll is expected to rise as rescuers search through the frigid night.
  • The US Geological Survey (USGS) said while the quake was centred about 33 km from Gaziantep, around 18 km deep, its effect was felt across West Asia, Northern Africa and South Eastern Europe with residents of Lebanon, Cyprus, Greece, Israel and Egypt also reporting tremors.
  • India is among the 45 countries, which have so far offered assistance to Turkey. It’s sending search and rescue teams of the National Disaster Relief Force (NDRF) and medical teams along with relief material to the West Asian nation.

What is an earthquake?

  • An earthquake is an intense shaking of the ground caused by movement under the earth’s surface. It happens when two blocks of the earth suddenly slip past one another, according to USGS. This releases stored-up ‘elastic strain’ energy in the form of seismic waves, which spreads through the earth and cause the shaking of the ground.

What exactly causes earthquakes?

  • The earth’s outermost surface, crust, is fragmented into tectonic plates. The edges of the plates are called plate boundaries, which are made up of faults. The tectonic plates constantly move at a slow pace, sliding past one another and bumping into each other.
  • As the edges of the plates are quite rough, they get stuck with one another while the rest of the plate keeps moving. Earthquake occurs when the plate has moved far enough and the edges unstick on one of the faults.

PRELIMS PERSPECTIVE

4. THIS WORD MEANS: NORTH STAR

TAGS:PRELIMS PERSPECTIVE

THE CONTEXT: Recently, Vice President said Parliament is the “North Star” of democracy, “a place of discussion and deliberation to realise the aspirations and dreams of the people”.

THE EXPLANATION:

In January 2023, Chief Justice of India D Y Chandrachud had described the basic structure of the Constitution, laid down by the Supreme Court in the 1973 Kesavananda Bharati judgment, as the “North Star” that “guides and gives certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted”.
Guide to navigation

  • Polaris, known as the North Star or Pole Star, is a very bright star — around 2,500 times more luminous than the Sun. It is part of the constellation Ursa Minor, and is around 323 light years away from the Earth.
  • Since Polaris is less than 1° away from the north celestial pole, almost in direct line with the Earth’s rotational axis, it appears to sit motionless in the northern sky, with all the other stars appearing to rotate around it.
  • Its position and brightness have allowed humans to use it for navigation since late antiquity. Simply the elevation of the star above the horizon gives the approximate latitude of the observer. In the northern hemisphere, if you can spot Polaris, you can tell the north — and by extension, the other three directions as well. Upon crossing the equator to the south, however, the North Star is lost over the horizon, and hence stops being a useful navigational aid.

5. A NEW KIND OF ICE: ‘AMORPHOUS’ SOLID, WATER ‘FROZEN IN TIME’

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT: Scientists have created a new type of ice that matches the density and structure of water, perhaps opening a door to studying water’s mysterious properties.

THE EXPLANATION:

  • The ice is called medium-density amorphous ice. Theshook regular ice in a small container with centimetre-wide stainless-steel balls at temperatures of (–) 200 °C to produce the variant, which has never been seen before. The ice appeared as a white granular powder that stuck to the metal balls.
  • Normally, when water freezes, it crystallizes and its molecules are arranged into the familiar hexagonal, solid structure that we call ice. Ice is less dense than its liquid form — an unusual property for a crystal. Depending on conditions such as pressure and the speed of freezing, water can also solidify in any of two dozen other regular arrangements. Amorphous ice is different: it has no such order.
  • If confirmed, the new form of ice could enable studies of water in a manner that was not possible before.



TOPIC : PM SHRI SCHEME – WHY WE NEED TO WORK ON THE ROOTS OF EARLY EDUCATION

THE CONTEXT: On National Teachers’ Day 2022, the Prime Minister announced a new initiative – PM SHRI Schools (PM ScHools for Rising India). This article presents the complete picture of the scheme and why such schools are needed to further the goals envisioned under the National Education Policy.

ABOUT PM SHRI SCHEME

PM ScHools for Rising India is a new scheme for the development of more than 14500 schools across the country by strengthening selected existing schools being managed by Central Government/ State/ UT Government/ local bodies. These schools will act as exemplary schools showcasing all components of the National Education Policy 2020 (NEP) and offering mentorship to other schools in their vicinity. This Scheme will deliver quality teaching for the cognitive development of students and will strive to create and nurture holistic and well-rounded individuals equipped with key skills required for the 21st century.

KEY FEATURES OF PM SHRI SCHOOLS

LEADERSHIP

  • PM SHRI Schools will provide leadership to other schools in their respective regions by providing mentorship.

SUSTAINABLE LIFESTYLE

  • The PM SHRI Schools will be developed as Green Schools, incorporating environment-friendly aspects like solar panels and LED lights, nutrition gardens with natural farming, waste management, plastic-free, water conservation and harvesting, the study of traditions/practices related to protection of the environment, climate change related hackathon and awareness generation to adopt a sustainable lifestyle.

PEDAGOGY

  • The pedagogy adopted in these schools will be more experiential, holistic, integrated, play/toy-based (particularly in the foundational years), inquiry-driven, discovery-oriented, learner-centric, discussion-based, flexible and enjoyable.

LEARNING OUTCOMES

  • The focus will be on the learning outcomes of every child in every grade. Assessment at all levels will be based on conceptual understanding and application of knowledge to real-life situations and will be competency-based.

SKILL DEVELOPMENT

  • Linkage with Sector Skill Councils and local industry for enhancing employability and providing better employment opportunities will be explored.

QUALITY ASSESSMENT

  • A School Quality Assessment Framework (SQAF) is being developed, specifying the key performance indicators to measure outcomes. Quality evaluation of these schools at regular intervals will be undertaken to ensure the desired standards.

MAJOR INTERVENTIONS IN THE PM SHRI SCHOOLS

QUALITY AND INNOVATION

  • Quality and Innovation through Learning Enhancement Programme, Holistic Progress Card, Innovative Pedagogies, Bagless days, Internships with Local artisans, Capacity building etc.

BENEFICIARY-ORIENTED ENTITLEMENTS

  • Beneficiary-oriented entitlements under RTE Act. 100% of PM SHRI Schools will receive Science and Math Kits.

ANNUAL SCHOOL GRANTS

  • Annual School Grants (Composite School grants, Library grants, Sports grants)

FOUNDATIONAL LITERACY AND NUMERACY

  • Early Childhood Care and Education, including Bal Vatika and Foundational Literacy and Numeracy

EQUITY AND INCLUSION

  • Equity and Inclusion, including the provision of safe and appropriate infrastructure for girls and Children with Special Needs (CWSN).

FLEXIBILITY

  • Encouraging flexibility in the choice of subjects offered to students.

MEDIUM OF INSTRUCTION

  • Encouraging mother tongue/local languages as a medium of instruction using technological interventions to help bridge language barriers.

DIGITAL INITIATIVES

  • 100% of the PM SHRI Schools will be covered under Information and Communication Technology (ICT), smart classrooms and digital initiatives.

VOCATIONAL INTERVENTIONS

  • Vocational interventions & Enhancing internship/entrepreneurship opportunities, especially with local industry.

SATURATION APPROACH

  • A saturation approach will be adopted to develop these schools with all modern facilities. Science labs, Library, ICT facilities, Vocational labs etc. will be provided to all the schools.

Ø  The scheme also envisages convergence with existing schemes /Panchayati Raj Institutions/ Urban Local Bodies and community participation for infrastructure upgradation of the school and creation of facilities.

METHODOLOGY FOR SELECTING PM SHRI SCHOOLS

  • Selection of PM SHRI schools will be done through Challenge Mode, wherein Schools compete for support to become exemplary schools. Schools would be required to self-apply on the online portal.
  • A maximum of two schools (one Elementary & one Secondary/Senior Secondary) would be selected per block/ULB with an upper limit of the number of total schools across India.
  • Geo-tagging of schools for the selection and monitoring of PM SHRI schools. The services of
  • Bhaskaracharya National Institute for Space Applications and Geo-informatics (BISAG-N) will be taken for geo-tagging and other related tasks. An Expert committee would be constituted for the final selection of schools.

IMPLEMENTATION STRATEGY OF PM SHRI SCHOOLS

  • PM SHRI Schools would be implemented through the existing administrative structure available for Samagra Shiksha, KVS & NVS. The other autonomous bodies would be involved on a specific project basis as required.
  • These schools shall be monitored vigorously to assess progress and understand the challenges faced in implementing the National Education Policy 2020.

PROBLEMS ASSOCIATED WITH THE CURRENT EDUCATION SYSTEM – NEED FOR PM SHRI SCHOOLS

TEACHER-STUDENT RATIO

  • According to UNESCO’s State of the Education report for India 2021, there are 11.16 lakh teaching positions that are vacant in schools. It clearly shows that there is a shortage of teachers in schools.
  • Besides this, teachers are burdened with a lot of non-academic workloads, ultimately resulting in a divergence of their focus from teaching the students.
  • According to a study done by the National Institute of Education Planning and Administration (NIEPA), teachers devote only around 19% of their time to teaching, while the rest of their time is spent on non-teaching administrative work.

ALLOTMENT OF FUNDS

  • Funds are provided to the schools by the Central Government to the State Government. Every National Education Policy since 1968 has said that India needs to spend 6% of its gross domestic product (GDP) on education.
  • The 2019-20 Economic Survey showed that in 2019-20, 52 years since that recommendation, India spent only 3.1% of its GDP on education.
  • The requirements of the schools, like libraries, labs, and other infrastructural facilities, cannot be managed appropriately by the schools due to the lack of availability of money.

LACK OF INFRASTRUCTURE

  • Lack of infrastructural facilities like poor hygiene, lack of toilets, drinking water facilities, electricity, playground, etc., is one of the major loopholes in the education sector.

OLD CURRICULUM OF STUDY AND LACK OF PRACTICAL KNOWLEDGE

  • The old education system in India was mainly based on bookish learning, but nowadays, with the use of the internet and experiential learning methods, a lot has changed.
  • The old curriculum of education mainly focuses on cramming up theories and concepts. No exposure is being provided to the students in the practical domain.
  • Parents and teachers also focus on guiding the students to obtain high marks in the subjects rather than on practical knowledge and usability of the concepts. As a result, education has become a rat race.

HOW CAN PM SHRI SCHOOLS BE USEFUL?

  • PM SHRI schools can become a medium to bring change envisaged by the New Education Policy (NEP). These schools will also need to find the solution to learning losses caused due to pandemic and ensure fruitful outcomes that can help the nation’s economy.
  • As every region will have PM SHRI schools that will mentor other schools in their areas, it will also have a range of learning experiences, and good infrastructure, among others. These schools will include a variety of pedagogies and assessment systems along with vocational education, which will help in building the capabilities of young minds and make them future-ready.
  • The schools will be energy-efficient with natural farming patches, equipped with rainwater harvesting systems and will enable the study of traditional environment-friendly practices.
  • Career guidance and mentoring will be provided by the alumni, and parents will also be trained to become home mentors, which will ensure the holistic development of the child.

THE CONCLUSION: Education is a tool that empowers individuals in all aspects of their life. It widens his knowledge, skills, techniques, and his vision of the world. It also helps in inculcating moral and ethical values. Apart from all this, employment opportunities increase to a great extent along with higher income prospects. There is no doubt that the development of a country depends on the quality of its educational system. Adequate investment in the educational domain will help in increasing the efficiency and productivity of the manpower.  PM SHRI Scheme is a great step in the right direction to improve the quality of education and learning outcomes. However, for the PM SHRI schools to succeed, a teacher training programme must be in place to train the educators in the pedagogical practices proposed by the NEP.

Mains Practice Questions:

  • ‘The schools will need to find ways to reverse the learning losses and ensure life outcomes that have a positive bearing on the nation’s economy.’ Discuss the role of the PM SHRI Scheme in light of the given statement.
  • Transformation in the pedagogy sector by personalised learning through technology is today’s reality. Discuss how the digital initiatives under the PM SHRI Scheme will help in the holistic development of the students.



TOPIC : INDIA NEEDS A HOLISTIC AND EFFECTIVE ‘TECHPLOMACY’ STRATEGY

THE CONTEXT: State behaviour is increasingly being shaped by a desire to acquire, secure or manipulate emerging technologies or the supply chains that produce them. This emerging friction will continue to accelerate as ‘techno-nationalism’ increasingly underpins industrial and trade policy choices.

HOW SCIENCE AND TECHNOLOGICAL DIPLOMACY CAN SHAPE GLOBAL GEOPOLITICS?

  • Science in Diplomacy: It means the scientific inputs going into diplomacy and foreign policy making.
    o Global challenges such as weapons of mass destruction, climate change, cyber security, human health, energy and environment, outer space etc., all require scientific inputs in order to understand and deal with them.
    o These challenges are trans-border and require the application of science and technology in order to resolve them in addition to normal diplomatic efforts.
  • Science for Diplomacy: It offers alternative channels of engagement among countries that may have political differences, thus playing an important role by influencing the dynamics of power-balance between sovereign nations
    o Scientific values of rationality, transparency and universality are the same the world over. S&T cooperation, therefore, provides a non-ideological environment for the participation and free exchange of ideas.
  • Diplomacy for Science: It means making use of diplomacy to gain benefits in science and technology – bilaterally as well as multilaterally.
    o It seeks to acquire science and technology knowledge to strengthen the national economy and capacity and to participate more effectively in international discussions where science and technology are involved.

HISTORIC SCIENCE DIPLOMACY APPROACH OF INDIA

  • India’s global priorities in science and technology were clearly articulated by its first Prime Minister Jawaharlal Nehru during his address to the country’s Science Congress on January 21, 1959.
  • Nehru was aware of both the constructive and destructive power of science and made India’s intention of seeking international scientific advances for the country’s development and rise clear with added emphasis on averseness to inter-state rivalries.
  • This template would set the tone for India’s international science and technology engagement for much of the 20th century and met with mixed results as more powerful states, such as the United States, sought to curb its ambitions in critical spheres such as its nuclear and space programmers.
  • Recently, Prime Minister Narendra Modi has been categorical in placing science and technology at the forefront of the country’s diplomatic engagement.

THE IMPORTANCE OF SCIENCE DIPLOMACY

  • Science diplomacy is analogous to economic diplomacy, cultural diplomacy, or sports diplomacy. The popular way of looking at science diplomacy is to regard it as composed of three components –‘science in diplomacy’, ‘diplomacy for science, and ‘science for diplomacy.
  • Science in diplomacy means the scientific inputs going into diplomacy and foreign policy making. Diplomacy for science means making use of diplomacy to gain benefits in science and technology – bilaterally as well as multilaterally and globally. Science for diplomacy means using science and technology collaboration to bring countries which have differences together.
  • Science diplomacy would be the integration of science and technology into the diplomatic and foreign policy framework, which not only determines its increasing importance in international relations but also determines global competitiveness, where the role of knowledge-based industries is becoming increasingly critical.

THE DEVELOPMENT MADE SO FAR

  • The Science, Technology and Innovation Policy (STIP) 2013 was one of the instances that an intersection of technology and diplomacy found a mention in an official government document.
    o The document states that the “policy framework will enable strategic partnerships and alliances with other nations through both bilateral and multilateral cooperation in science, technology and innovation.
    o Science diplomacy, technology synergy and technology acquisition models will be judiciously deployed based on strategic relationships.
  • International Solar Alliance (ISA) 2015 was launched by India and France to boost solar energy in developing countries.
  • It is an association of 121 signatory countries which majorly are sunshine countries (countries lying between the Tropic of Cancer and Tropic of Capricorn), and is an excellent example of modern-day science diplomacy.
  • Draft Science, Technology and Innovation Policy, 2020 discusses the role of Science & Technology in re-organising India’s foreign policy priorities and shaping the global technology ecosystem.
  • In 2020, the Ministry of External Affairs (MEA) created technically specialised divisions, such as the cyber diplomacy division, e-governance and information technology division, and the new emerging and strategic technologies division.

Challenges

  • Interdependence With China
    o China’s Communist Party shares an opaque relationship with the country’s industrial and business sectors. The convergence of policies such as the Make in China 2025 Initiative and the Civil-Military Fusion Initiative, and China’s national cyber security laws, have arguably turned China’s technology ecosystem into an effective extension of its intelligence and information power.
  • Navigating Technological Protectionism
    o Another domain that needs immediate attention relates to new export controls, sanctions regimes, and a broader instinct to “guard” technology ecosystems that are fast emerging.
  • Global Data Governance
    o The third domain is cross-border data flows and related rules and regulations. Once subject only to domestic regulation, the subject of data flows is fast becoming a contested issue of global governance.
  • Coordinated drive
    o Government technology policy, whether it be externally or internally oriented, is often reactive rather than proactive. The Government of India was, for instance, a straggler on outlining a strategy for artificial intelligence. Moreover, while there is a coordinated push on capturing the data of Indian users of international platforms, there has been relatively little thought on how this data can be leveraged and on creating a policy ecosystem conducive to innovation.

THE WAY FORWARD

  • NEST enters a milieu of entrenched processes within the MEA itself and, as a new division, must both define itself vis-à-vis these practices while not diluting its mandate as a nodal agency.
    o About NEST and it’s functions:
    o The division will act as the nodal point in India’s foreign ministry for all matters connected to new and emerging technologies, including exchange of views with foreign governments and coordination with domestic ministries and departments.
    o It will also help assess foreign policy and international legal implications of emerging technology and technology-based resources.
    o The desk will also be involved in negotiations to safeguard Indian interests at multilateral fora like the United Nations or the G20 where rules governing the use and access to such technologies could be decided.
  • Fostering Multilateralism: In the technology sphere, diplomacy is not about seeking entry into an exclusive alliance or club but about maximising a state’s integration with the existing global value chains.
    o Promoting the growth of open source technologies (and built on open standards) which have very few entry barriers in the form of licences, can be a priority on the multilateral front. In this way, technology related diplomatic engagements will increase as well as improve India’s accessibility to key technologies.
  • Science Tourism: India can conceptualise science tourism promoting scientific locations around the nation like National Science Centre, Delhi and Birla Science Museum, Hyderabad that the people across the globe can visit to quench their thirst for knowledge in the various fields of science and technology.

THE CONCLUSION: Internationally, the trade and data flows that have helped India prosper are now in the midst of sovereign tussles, necessitating strong regulation at home backed by a consistent and assertive position at international rulemaking bodies. India must back its claim as a technology power with a strong and clear message, which in turn can become a clarion call for other nations navigating similar waters.

Questions
1. Identify the various sectors where technology can be leveraged as a tool of foreign policy.
2. Analyse India’s foreign policy in the context of changing technology.




TOP 5 TAKKAR NEWS OF THE DAY (19th JANUARY 2023)

SOCIAL JUSTICE- GOVERNANCE

1. THE ANNUAL STATUS OF EDUCATION REPORT 2022

TAGS: GS-II- GOVERNANCE

THE CONTEXT: The ASER Report 2022 released recently revealed that almost all (98.4%) students in the age bracket of 6-14 years are now enrolled in schools.

Highlights of ASER 2022:

  • In ASER 2022 Survey, 7 lakh candidates from 19,060 schools in 616 districts were surveyed to calculate the learning outcomes post-pandemic on school children.
  • Enrollment has gone from 97.2 per cent in 2018 to 98.4 per cent in 2022.
  • As many as 72.9 per cent of the surveyed students go to government schools.
  • In only three states, the number of girls not going to school is above 10% – Madhya Pradesh (17%), Uttar Pradesh (15%), and Chhattisgarh (11.2%).
  • Nationally, children’s basic reading ability has dropped to pre-2012 levels, reversing the slow improvement achieved in the intervening years.
  • In both government and private schools, only 20.5% students of Class 3 can read, compared to 27.3% in 2018.
  • The proportion of Class 5 students who can read has dropped to 42.8% in 2022, compared to 50.5% in 2018.

VALUE ADDITION:

About ASER Survey:

  • It is a citizen-led household survey that provides estimates of the enrolment status of children aged 3-16 and the basic reading and arithmetic levels of children aged 5-16 at the national, state and district level.
  • ASER is published by NGO Pratham, and the survey has been conducted every year since 2005.
  • The survey reaches children in the age group of 3-16 in almost all rural districts of India.
  • It uses household rather than school-based sampling.

ENVIRONMENT, ECOLOGY AND CLIMATE CHANGE

2. YANGTZE FINLESS PORPOISE

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

THE CONTEXT: Scientists recently found that checking sand mining in Dongting lake in China can help the rebounding of the population of the Yangtze finless porpoise.

THE EXPLANATION:

  • Previous reports had shown the porpoise were pushed out of certain stretches of their habitat due to sand mining.
  • The Chinese government announced a crackdown on illegal sand mining along the entire length of the river Yangtze.

ABOUT YANGTZE FINLESS PORPOISE

  • The Yangtze River, the longest river in Asia is home to these porpoises.
  • Yangtze finless porpoise is known for its mischievous smile and has a level of intelligence comparable to that of a gorilla.
  • These are very small compared to whales and slow-moving inhabitants
  • These are good indicators of the health of their environment.
  • Conservation status:
    o IUCN Red List: Critically Endangered

3. WHAT IS SEDGE WARBLER?

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

THE CONTEXT: Birders and ornithologists recently in the State of Kerala spotted a migratory bird the Sedge Warbler.

THE EXPLANATION:

  • The sedge warbler is a medium-sized warbler of marshes, reedbeds and wetlands that can be spotted singing from perches on reeds and willow bushes.
  • The male sedge warbler introduces random phrases into its repertoire which is known for mimicking.
  • The male warbler never sings the same song twice; he attracts more mates the more phrases his song has.
  • These are insectivores in nature.
  • Distribution and habitat:
    o It breeds across Europe and western and central Asia and is migratory. After feeding up post-breeding, they migrate quickly across southern Europe and the Sahara from August to September.
    o All sedge warblers spend winter in sub-Saharan Africa, from Senegal in the west to Ethiopia in the east, and as far south as the eastern Cape Province of South Africa and northern Namibia.
  • Conservation status:
    o IUCN Red List: Least concern

ECONOMIC DEVELOPMENTS

4. WHAT IS THE ADVANCE AUTHORISATION SCHEME?

TAGS:GS-III- ECONOMY- GOVERNMENT SCHEMES

THE CONTEXT: Recently, the directorate general of foreign trade (DGFT) simplifies the composition fee for export obligation extension under the advance authorisation scheme.

THE EXPLANATION:

About the Advance authorisation scheme:

  • An advance authorisation scheme allows duty-free import of inputs, which have to be mandatorily used in products that are required to be exported within a specified time.
  • They are not allowed to sell the products in the domestic market.
  • Advance Authorization is valid for 12 months from the date of issue of such Authorization.
  • The revised composition fee formula is based on a specific rate for different levels of the ‘CIF (cost, insurance, freight) value of authorisation.
  • The fees levied under these 3 slabs; at ₹5,000 for a cost, insurance, freight (CIF) value of advance authorization license valued at up to ₹2 crores, ₹10,000 for a value between ₹2 crore and 10 crores, and ₹15,000 for value over ₹10 crores.
  • The simplification of calculations for composition fees helps in automation and faster service delivery by making the process more efficient and easier to understand.

Exemptions under Advance Authorisation Scheme

• Under the Advance Authorisation Scheme, the following duties are exempt: basic customs duty, education cess, social welfare cess, anti-dumping duty, countervailing duty, and safeguard duty. IGST and compensation cess are also exempted.

VALUE ADDITION:

DIRECTORATE GENERAL OF FOREIGN TRADE (DGFT)

About: Directorate General of Foreign Trade (DGFT) organisation is an attached office of the Ministry of Commerce and Industry and is headed by Director General of Foreign Trade. It is responsible for formulating and implementing the Foreign Trade Policy with the main objective of promoting India’s exports.
Headquarters: New Delhi
Functions: Licensing of imports and exports. Regulate, restrict or prohibit exports and imports. It plays an advisory role to the Government on Policy measures pertaining to national and international economic scenarios.

PRELIMS PERSPECTIVE

5. WHAT DOES THE TERM ‘GREENBACK ‘ INDICATE?

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT: The rupee weakened sharply against the US dollar recently amid sparse trading volumes as some foreign banks purchased the greenback, likely on account of overseas investors exiting the domestic market.

THE EXPLANATION:

What is Greenback?

  • A greenback is a term for U.S. paper dollars.
  • It was legal tender by law backed by the United States government.
  • The issuance was primarily intended to cover up the expenses of the American Civil War.

Why is it called Greenback?

  • Since the backside of this paper money is inked in green color, it got the name greenback.
  • Because they were not fully backed by gold, greenbacks lost value and caused inflation in the economy.
  • Even though they were not minted after the nineteenth century, the terminology is now used in reference to the United States Dollar.

What is greenback trading?

  • Traders in the foreign exchange market use the term greenback to refer to the United States Dollar.
  • Hence it indicates the trading in the United States Dollar or U.S. dollar index.



TOPIC : REFORMS IN THE SPORTS GOVERNANCE ECOSYSTEM IN INDIA – THE NEED OF THE HOUR

THE CONTEXT: In August 2022, the International Federation of Association Football(FIFA) has suspended the All India Football Federation (AIFF) with immediate effect due to undue influence from third parties, which constitutes a serious violation of the FIFA Statutes. This incident is only a symptom of the larger issues of mis-governance, mal-administration and an all-pervading malaise of corruption that have plagued sports bodies in India. Against this backdrop this article analyses the problems of sports bodies and also suggest reforms so that India can emerge as champion among the sporting nations.

RECENT DEVELOPMENTS RELATED TO SPORTS GOVERNANCE IN INDIA

1. BCCI ISSUE: In January 2015, the SC appointed a committee headed by Justice (Retd) RM Lodha to determine punishments for those named in the Mudgal Committee (2014) report and to recommend reforms for cricket in India particularly suggesting amendments to the processes followed by BCCI.R M Lodha panel recommendations (2016) to restructure the BCCI and disclosure of the assets by the members of the governing body of the BCCI. But, the problems with BCCI seem to continue despite changes in its working.
2. AIFF ISSUE: Recently in August 2022, FIFA, suspended the country’s top administrative organization, the All-India Football Federation (AIFF), for undue influence from third parties.

  • AIFF’S President’s Unwillingness to Vacate His Post: President Praful Patel, also a FIFA council member, refused to relinquish his post as the head of football in the country.
  • Third-Party Intervention: Despite the growing concerns about the working of AIFF, the Supreme Court of India intervened and removed Patel from his post.Further, The SC also appointed a Committee of Administrators (COA) to run the AIFF.
    o As per FIFA Statutes, member federations should not be subject to legal and political interference in their respective countries. [Third Party Intervention refers to a situation in which a member association of FIFA fails to remain independent, is co-opted, and no longer has control over its organization.]

SPORTS GOVERNANCE IN INDIA

  • A federated model is the cornerstone of the Indian sporting infrastructure. The sport regulating organizations for each geographic location are distinct and unique for each sport.
  • Numerous important organizations exist independently of the federated framework as well. Governments (both national and state), government organizations (such as the Sports Authority of India), and the Indian Olympic Association are among them (IOA).
  • In India, private and non-profit organizations extensively and innovatively contribute to the sports industry in a manner that is unprecedented in other nations, be it in Kabaddi or in Football.
  • Non-profit organizations such as GoSports Foundation and Olympic Gold Quest, rely on sponsorship through the enormous efforts of corporate social responsibility and offer athletes exceptional support and services that could not be accessed through the more formalized sports system.

CURRENT STRUCTURE OF SPORTS GOVERNANCE IN INDIA

The model in India has multiple stakeholders such as the Ministry of Youth Affairs and Sports (MYAS), Sports Authority of India (SAI), National Sports Federation (NSF), Indian Olympic Association (IOA), State Olympic Association (SOA), etc. The present scheme of arrangements of sports governance in India can better be understood by the pictorial representation given below:

In accordance with the Olympic Charter that restricts government influence of sports federations, the sports bodies in India are autonomous entities. While the IOA is the umbrella body under which all the NSFs and SOAs conduct various sporting events in the country, government bodies operate under MYAS, playing a support role such as training and infrastructure management.
In addition, there are federations for non-Olympic sports such as Board of Control for Cricket in India (BCCI) for cricket. These federations are directly affiliated to their respective international federations. Similar to the IOA and NSFs, government intervention is restricted by the charter of their respective international federations.

ISSUES ASSOCIATED WITH SPORTS GOVERNANCE IN INDIA

UNCLEAR DEMARCATION OF RIGHTS AND RESPONSIBILITY

  • Currently, there is very little distinction between management and governance within Indian sport.
  • In many Indian sporting organizations, the executive committee, the body ostensibly responsible for governance, usually finds itself doing the management work.

LACK OF CHECKS AND BALANCES

  • In the pretext of autonomy, sporting organizations have been allowed to function in any manner without checks and balances.

LACK OF TRANSPARENCY AND ACCOUNTABILITY

  • The current sports model faces accountability issues such as that of having unlimited discretionary powers and also there is no transparency in the decision-making with irregularity in revenue management. For instance:
  • In July 2010, the Central Vigilance Commission released a report about irregularities in 14 projects of Commonwealth Games held in India.
  • The 2013 Indian Premier League spot-fixing and betting case.

LACK OF SUFFICIENT INFRASTRUCTURE

  • Status of sports infrastructure in India is yet to reach the desired level. This creates an obstacle in developing a culture of sports in the country.

PERFORMANCE ENHANCING DRUGS

  • Use of performance enhancing drugs is still a major problem in the sports sector.
  • This problem still needs to be addressed effectively, despite the creation of the National Anti Doping Agency in the country.

IMPLICATIONS OF POOR SPORTS GOVERNANCE IN INDIA

1. Developing a strategic plan takes time and effort from a wide variety of stakeholders. Good governance provides the structures, tools and formal mechanisms to ensure the plan is implemented consistently and in line with the current and future aspirations. Poor sports governance leads to poor performance in sports and moral loss of the sportspersons as well as admirers of the sports.
2. Poor governance means a lack of transparent decision making processes, and can open the way for financial irregularities and/or corruption on and off the field – in part due to a lack of rules, regulations, formal guidance and/or unethical culture. Poor governance shows poor social responsibility.
3. Aside from the effect which poor governance can have on an organisation, the strongest consideration must also be given to the impact on the most important constituent of any sport: its people. Any negative impact on an organisation detracts from its ability to provide for its members, participants, staff, volunteers and fans. The most serious governance failings will lead to very real and grave implications on a human level.
4. The poor sports governance also have economic implications on the related industries manufacturing sport equipments, the livelihood of locals near and around the sport facilities, international tourism etc are all staring at a loss in view of poor sports governance.

WHETHER THE SPORTS BODIES SHOULD BE BROUGHT UNDER THE DEFINITION OF “STATE” FOR BETTER GOVERNANCE?

Over the years there have been many debates as to whether sports bodies like BCCI should be classified as a ‘State’ under Article 12 of the Constitution of India and to bring the sport bodies/federations under the realm of the Right to Information Act.
In case of Cricket the Court took into account the principles of absence of “deep and pervasive control and lack of substantial government funding” to rule out BCCI as ‘State’ under Article 12 of the Constitution of India. The Court ruled out BCCI from the purview of it being an ‘Instrumentality of the State’ but stated that these tests are not definitive as has been time and again specified by the Court.
The current status is that the Supreme Court has declared BCCI a public authority under the RTI Act. But the BCCI is yet to declare this by themselves.
The Olympic Charter also restricts government influence of sports federations and the sports bodies in India are autonomous entities. While the IOA is the umbrella body under which all the NSFs and SOAs conduct various sporting events in the country, government bodies operate under MYAS, playing a support role such as training and infrastructure management.
Against this backdrop it is imperative to maintain the balance between the autonomy of the sport federations and the overall governance mechanism by the state. However, areas where much of the public fund is utilised there shall be transparency and accountability on the part of the organisations.

NATIONAL SPORTS DEVELOPMENT CODE AND SPORTS GOVERNANCE

  • National Sports Development Code of India (SPORTS CODE) was introduced in 2011 by the Central government to bring good governance practices in the management of sports at the national level without interfering with the autonomy of the national sports bodies.It enunciates the basic universal principles of good governance, ethics and fair play in the sports.The code prescribes restrictions on the age and tenure of the office-bearers of federations and also envisages transparent functioning along with free and fair elections.
  • The Delhi High Court in 2014 held that the government can ‘insist upon adherence to these provisions (sports code), without the aid of legislation’ and added that the sports code provisions were ‘neither arbitrary’ nor did they ‘violate any freedom under the Constitution.’The court is also of the opinion that a federation which does not follow the guidelines should be suspended and it is indeed imperative that no further exemptions be granted to or lenience be shown to noncompliant NSFs.
  • In 2021 the court had asked the sports ministry for the status of compliance with the Sports Code by 41 national federations. As of October 2022 the report has not yet been submitted.
  • When a sports body is found in violation of the sports code the respective federations can be put under a Committee of Administrators (CoA). However even the CoA was accused by many of failing to implement the reforms proposed by Justice RM Lodha in BCCI case.
  • Sports code was envisaged as a one stop solution to the malaises in the sports governance in India but it is hard to say that it had been efficient.
  • Global professional sports clubs have contributed significantly to raise the standard of some sports. Football, tennis, cricket, basketball, baseball, track and field events in athletics and boxing, to name a few and currently more than 100 professional leagues in various sports exist across the world. (NFL, MLB and NBA are the top three, profitability wise.) India has an immense coaching talent with vast experience in different sports that can act as a catalyst for the development of India as a training hub for sports like Kabaddi and Cricket at an international sphere. For instance, a small town Iten in Kenya has produced more than 10 world champions in athletics in the last couple of decades. Such grassroot level interventions shall be made and sports be included in the school curriculum to attract the talented individuals early and train them for world platform.

THE WAY FORWARD:

1. Restructuring Governance and Management: There should be a proper demarcating of roles and responsibilities among different bodies involved in the Indian sport sector to maximize the use of resources and ensure there are no gaps in meeting the needs of sport. This will also bring transparency and accountability in the functioning of the respective sports federations.
2. Effective Legislative Backing: In the absence of strong legislation, there will be no efficacy in the functions of the sports authorities. Also, the political intervention can be easily checked with a well-drafted legislation reducing anomalies.
3. Sports Awareness: By incorporating sports into children’s daily lives, it will not only boost their confidence, self-image and personality, but also open the gateway to a possible career in sports. The quality of infrastructure can be scaled up to the village level and regional centres should be made available for those who are serious at taking their sport professionally.
4. Sports are governed by the International Sports Federations and the peculiar regional demands shall be incorporated so as not to encroach the sovereignty of the country in any way.

THE CONCLUSION: Needless to say, the current model of governance of Indian sports lacks accountability and transparency, which creates an environment that is conducive to wide-scale corruption, threatening a sports overall credibility. Unless mechanisms are brought in place to govern the huge sums of money and the interests of various stakeholders, sports will always run the risk of losing credibility, negatively impacting the future of its players and stakeholders.

Mains Practice Questions:

1) India cannot evolve into a sporting nation through watching television alone. Comment.
2) National Sports Development Code of India (2011) has failed to achieve its objective and a new model of Sports Governance is long overdue. Critically examine.
3) “The sports governance ecosystem in India requires immediate reforms”. Argue




TOPIC : DRAFT INDIAN TELECOMMUNICATION BILL, 2022- A CRITICAL COMMENTARY

THE CONTEXT: Recently, the Ministry of Communication published  the draft of  the Indian Telecommunication Bill, 2022 to replace the current legislation governing the telecommunication regime in India, including the Indian Telegraph Act, of 1885. Although the Bill has many laudable objectives, there are also some critical concerns raised regarding the impact of the Bill on various stakeholders. This article analyses these issues in detail from the UPSC perspective.

THE SALIENT FEATURES OF THE BILL

CLARITY ON SPECTRUM ASSIGNMENT

  • The Bill reaffirms the government’s authority to assign spectrum, with or without auction, and declares common good and access to telecom services as the objective for spectrum assignment.

EASING CRIMINAL PENALTIES

  • It seeks to remove several redundant penalties. Example- trespass in telegraph office under Section 23, The Indian Telegraph Act, 1885.
  • Further, introduces the settlement of offenses by payment of fines, and voluntary undertaking.
  • This would augment the ease of doing business and considerably reduce the threat of criminal prosecution for operational issues faced by telecom operators.

LICENSING INTERNET-BASED APPS

  • The Bill requires OTT communication services, which are essentially Internet-based apps/software, to obtain telecom licenses and thereby bring them under the telecom framework.

EXPANSION OF SHUTDOWN AND SURVEILLANCE POWERS

  • The Bill allows the government to direct suspension of transmission of messages or provision of telecom networks or services.

COORDINATION

  • It is based on Wireless Planning Coordination (WPC) reforms which are aimed at making the process more efficient and without physical interference for companies applying for permits. WPC is responsible for issuing amateur radio licenses, allotting the frequency spectrum, and monitoring the frequency spectrum.
  • It is expected that time for licensing would reduce to 28 days ushering reforms in licensing through an online process.

REFUND/DEFAULT IN PAYMENT BY LICENSEES

  • It has proposed a provision for refund of fees in case a telecom or internet provider surrenders his license.
  • Further, it has provided a framework for governing payment defaults by licensees, registered entities, or assignees, and allows the government to write off such amounts or part thereof.

TELECOMMUNICATION DEVELOPMENT FUND (TDF)

  • It proposes to replace the Universal Service Obligation Fund (USOF) with the TDF.
  • USOF is the pool of funds generated by the 5% Universal Service Levy that is charged to all telecom fund operators on their Adjusted Gross Revenue.

RIGHT OF WAY (ROW)

  • RoW is a pre-requisite for establishing telecommunication networks and improvement of telecommunication services.
  • The Bill seeks to reduce approval permission for RoW down to 6-7 days promoting uniformity in telecommunication infrastructure.

TELECOM REGULATORY AUTHORITY OF INDIA (TRAI)

  • TRAI’s position has been reduced in a number of ways:

Ø  Reducing it to a recommendatory body from a regulatory body.

Ø  Department of Telecommunications will no longer be required to refer back to TRAI the recommendations for reconsideration.

  • The removal of such powers is not in line with an international practice where telecom regulators are endowed with a greater degree of independence to ensure that investor confidence and consumer protection are maintained in the market.

THE RATIONALE FOR THE DRAFT INDIAN TELECOMMUNICATION BILL, 2022

India’s Telecom sector stands second in the world in terms of market share. On the contrary, it is coupled with a number of challenges, of which Policy overlapping is a major one. The Telecom sector in India has become a victim of an Institutional Jungle. The duality of control by various machineries of the government has created unresolved dilemmas for the Telecom Sector in India. This led to the drafting of the Telecom Bill 2022, so as to replace the obsolete colonial laws and to bring coordination in the sector.

Regulatory Framework of Telecom Sector in India

Ministry of Communication

Department of Telecommunication

Wireless Planning Commission (WPC)

Telecom Regulatory Authority of India

Telecom Disputes Settlement and Appellate Tribunal

Laws and Regulations

The Indian Telegraph Act, 1885

The Indian Wireless Telegraphy Act, 1933

The Telecom Regulatory Authority of India Act, 1997

The Information Technology Act, 2000

The Broadband Policy 2004

National Digital Communications Policy, 2018

PROBLEMS IN THE TELECOM SECTOR IN INDIA

SUPPLY-SIDE ISSUES

  • The telecom market is fragmented as it is divided into many players. According to TRAI, the market share of various Telecom companies as of June 2022 is- 36% of Jio whereas Airtel’s market share improved slightly to reach 31.63%.
  • The telecom sector is accumulated in huge debt as it is likely to escalate to as much as Rs 6 lakh crore by this fiscal end following the spectrum purchase outgo, and network upgradation.

DEMAND SIDE ISSUES

  • As per the white paper on broadband at the last International Telecommunication Union (ITU), states that broadband penetration in India is only 7% which is a matter of concern.
  • The inadequate availability of spectrum is a major concern for India. Further, the situation is worsened as ISRO and India’s defense forces are demanding a major reservation in Spectrum allocation.

REGULATORY ISSUES-

  • Since 2005, the DoT and telecom companies have had a dispute over the definition of AGR.
  • The telecom companies argued that the AGR should include only the income from the telecom operations which was supported by TDSAT whereas, in 2019, the Supreme Court ruled in favor of the DoT by accepting its definition so as to include non-telecom incomes like the asset sales, interests on deposits, rents, etc. in AGR.
  • Thereby, ordering them to pay Rs.92,000 crores to the government within three months.

AVERAGE REVENUE PER USER (ARPU)

  • The decline in ARPU is sharp and steady, which, combined with falling profits and in some cases, serious losses, is prompting the Indian telecom industry to look at consolidation as the only way to boost revenues.

LACK OF TELECOM INFRASTRUCTURE IN SEMI-RURAL AND RURAL AREAS

  • Service providers have to incur huge initial fixed costs to enter semi-rural and rural areas. Key reasons behind these costs are the lack of basic infrastructures like power and roads, resulting in delays in rolling out the infrastructure.

CURRENT DEVELOPMENT- 5G SPECTRUM ALLOCATION A SETBACK FOR TELCOS

Cellular Operators Association of India (COAI) has made its position clear by allowing independent entities to set up private captive networks with direct 5G spectrum allotment would ‘severely’ impact revenues and degrade 5G’s business case for telecom operators.

REVOLUTIONARY PROVISIONS OF THE DRAFT INDIAN TELECOMMUNICATION BILL, 2022

  • Consumer Protection Measures: The identity of the person communicating using any form of telecommunication services shall be available to the user receiving such communication, thereby curtailing spam calls and frauds.

This would mean that unlike now where only the phone number of the person making the communication is displayed, going forward the name of the person would also be displayed. This facility will be available for voice calls but also for users of OTT communication services.

  • Commercial communications which are advertising and promotional in nature should be made only with the prior consent of a subscriber.
  • Covering OTT services: One of the key changes is the inclusion of new-age over-the-top communication services like WhatsApp, Signal, and Telegram in the definition of telecommunication services, which has been a long-standing demand of the Telecom Companies.

 CONCERNS OVER THE DRAFT INDIAN TELECOMMUNICATION BILL, 2022

It is argued that, if the bill is passed in its current state, it would not only fail to achieve its objectives but also prove an impediment to human liberties and the goal of digitization claimed by the world’s largest democracy.

  1. INTERNET SHUTDOWNS
  • The bill empowers the Union and state government under Clause 24(2), to suspend internet services in cases of “occurrence of any public emergency or in the interest of the public safety or in cases of national security”.
  • This has raised concerns that the proposed provision gives the government power to order internet shutdowns explicitly.
  • Currently, internet shutdowns are done under the Telecom Services (Public Emergency or Public Safety) Rules, 2017.

Statistics-Studies-Judgment on Internet Shutdown:

➢  The Software Freedom Law Centre (SFLC), a legal services organization that tracks global internet shutdowns, has found that there have been 683 internet shutdowns in India since 2012, 66 of which were in 2022.

➢  The Parliamentary Standing Committee on Communications and Information Technology, in its 26th report, titled ‘Suspension of Telecom Services/Internet and its Impact’, noted the human rights impact of the misuse of internet shutdowns in India, and how the grounds of “public emergency” and “public safety” are used as a tool of policing and for administrative purposes.

➢  In Anuradha Bhasin versus Union of India (2020), the Supreme Court also expressed displeasure regarding the frequent shutdowns of the internet, and opined that they should only be enacted if absolutely necessary and only after carrying out certain balancing tests as a restrictive step.

     2. SURVEILLANCE

  • The bill not only mirrors but also expands the scope of Section 5(2) of the Indian Telegraph Act by expanding the scope to “telecommunication services or telecommunication network” to take OTT under its ambit.

Section 5(2) of the Indian Telegraph Act, of 1885 states that the Union or state government or any officer authorized on their behalf to intercept messages through telegraph as a part of the surveillance framework of the country.

  • It may cause OTT platforms practicing end-to-end encryption to disclose information to surveillance officers authorized by the government.
  • The Justice B.N. Srikrishna-led Committee of Experts on a Data Protection Framework for India also noted the plague of surveillance without any protections from legislation and judiciary, which needed to be addressed.

    3. IMPACT ON TRAI(TELECOM REGULATORY AUTHORITY OF INDIA)

The Bill considerably dilutes TRAI’s position in a number of ways, reducing it from a regulatory to a recommendatory body.

  • First, the government would no longer be required to seek recommendations from the TRAI before issuing licenses.
  • Second, it also removes the power of the TRAI to requisition from the government information or documents that are necessary to make such recommendations.
  • Moreover, the Department of Telecommunications (DoT) will no longer be required to refer back to TRAI the recommendations for reconsideration, those recommendations that it does not agree with, as it was required to do previously.

     4. INFORMATION SHARING- CONCERN OVER PRIVACY

  • It obligates license holders to identify the users of its service through a verifiable mode of identification. To ensure that a user provides correct details, the draft Bill penalizes providing wrong identification details.
  • The users of the internet have a certain expectation of privacy which would be ultimately taken from them. Experts have called this an attack on people’s fundamental rights and freedoms, including that privacy and free expression.
  • It has also been called an attempt to reinforce the colonial Indian Telegraph Act and an undoing of the progress made after the Supreme Court’s landmark Puttaswamy judgement.

     5. OTT COMMUNICATION SERVICES AS TELECOMMUNICATION SERVICES

  • The Bill expands the definition of “telecommunication services” to include OTT communication services as a consequence of this they may be subject to the same licensing conditions as TSPs(Telecom Service Providers).

TSPS ALLEGE OTT FOR USING THEIR RESOURCES

  • Over-the-top (OTT) communication services refer to services that provide real-time person-to-person telecommunication services using the network infrastructure of telecom service providers like Airtel, Vodafone, and Jio.
  • TSPs allege that these features result in a double whammy for them as OTT cuts into their sources of revenue (voice calls, SMS) while not having to deal with infrastructure and licensing costs that they have to undertake. Therefore, TSPs have been demanding a level playing field with OTT services.

THE WAY FORWARD:

  1. The Government must address the concerns related to the privacy of the users.
  • According to the Supreme Court in the Puttaswamy judgment (2017), the right to privacy is a fundamental right and it is necessary to protect personal data as an essential facet of informational privacy. Thus, Draft Telecom Bill coupled with Personal Data Protection Bill 2019 should be revised, strengthened, and come into force to avoid concerns over Privacy.
  1. The role of the independent sector regulator, the Telecom Regulatory Authority of India (TRAI), and the Telecom Dispute Settlement and Dispute Tribunal (TDSAT) should be strengthened.
  2. The Bill places emphasis on the development of telecom infrastructure while covering new-age services to keep up with the times. The proposed legal framework seeks to be future-ready, provides certainty regarding spectrum management, and reserves the penalty of imprisonment or heavy fines only for a small set of critical offenses.

THE CONCLUSION: The Indian Telecommunication Bill, 2022 is a much-awaited move as India’s Digital space is expanding at a very rapid pace with new technologies and new players. It will not only address the present issues but will also provide a future-ready law.

Mains Practice Questions.

Q.1 What are the challenges and opportunities of the draft Telecom bill, 2022? How does it aims to bring uniformity in the Spectrum allocation process?

Q.2 What are the main constraints in the current regulatory framework in the Telecom Sector in India? Do you think that the Draft Telcom Bill, 2022 can address these constraints?

Q.3 “The Draft Telecom Bill, 2022  suffers from constitutional, administrative and regulatory challenges ”  Comment.




TOPIC : INTERNAL PARTY DEMOCRACY- ‘SHOULD THERE BE MANDATORY INTERNAL ELECTIONS IN THE POLITICAL PARTIES FOR ENRICHING THE INDIAN DEMOCRACY’

The Context- As the political parties are the most significant part of the democratic system in India, it is expected that they themselves function on a democratic basis. Hence, internal elections in parties are emphasized.  However, the appointment of a “Permanent President” by a political party in Andhra Pradesh recently, has reignited  the debate on the need for mandatory internal elections in the Indian political parties. This article examines this issue in detail.

LEGAL PROVISION FOR INTERNAL PARTY ELECTION IN INDIA

Presently, there is no statutory backing for internal democratic regulation of political parties in India, and the only governing provision is under Section 29A of the Representation of the Peoples’ Act, 1951. All rules and regulations apply more to candidates than to political parties in India.

However, Political parties in their constitution have elaborate provisions on Internal Party elections of which some can be cited as:

Ø  Indian National Congress- Its constitution says that each state has a Pradesh Congress Committee. No office bearer at the block or district level can hold the position for more than two consecutive terms, but this structure does not apply to the state or national level.

Ø  Bahujan Samaj Party- Its constitution says that the national president is elected by vote or by consensus among delegates. The national president then nominates other office bearers of the Central Executive Committee, which leads the party. The president’s power is absolute.

Ø  Communist Party of India- Its constitution says that members of the central committee, the highest authority of the party, elect delegates to the Polit bureau. The general secretary is part of the Polit bureau. The party has a system of checks and balances through which the general secretary is not given unmitigated power. There are elections for all posts every three years.

NECESSITY TO PROMOTE INTERNAL PARTY DEMOCRACY

On a pragmatic level, the parties using internally democratic procedures are likely to select more capable and appealing leaders, have more responsive policies, and, as a result, enjoy greater electoral success. Moreover, the political parties “practice what they preach,” in the sense of using internally democratic procedures for their deliberation and decisions, strengthening democratic culture generally. So, there is a necessity to promote Internal Party Democracy as:

REDUCE TRUST DEFICIT AND HERO WORSHIP

Inner-party democracy enhances the ‘visibility’ of fair and transparent procedures in selecting leaders within political parties which counters a general trust deficit amongst the public. In the absence of such a provision, parties often tend to be centered around charismatic figures which can foster blind hero worship as one individual becomes central to the power, vision, and authority in the party’s agenda.

INCLUSIVE REPRESENTATION

The opaque nature of selecting party candidates also runs the risk of excluding marginalized groups. A transparent process of election will allow proper ticket distribution and candidate selection. The selection would not be based on the whims of a few powerful leaders in the party but will represent the choice of the larger party.

DECENTRALIZATION AND PARTICIPATION.

Election at each level be it at the district or local level allows the creation of power centers at different levels. Further, providing  autonomy may lead to more creative, innovative, and responsive programs by allowing local  experimentation.

DECLINE IN CRIMINALIZATION OF POLITICS

Transparency deficit in selecting candidates within political parties becomes a breeding ground for criminalization in Indian politics. According to data released by the ADR, the 17th Lok Sabha holds the infamous record of 43% of members facing criminal charges against them.

COUNTERS FACTIONALISM

Democratizing political parties can also work as a safety valve against factionalism and splits into parties. Various incidents of internal party rivalry have culminated in splits, for instance, the split in Shiv Sena owing to differences between Uddhav Thackeray and Eknath Shinde.

HOW DEMOCRATIZATION OF PARTIES ENRICH THE DEMOCRACY MATRIX?

The political parties are instrumental in carrying out free and fair elections. By virtue of their near monopoly in contesting elections, they determine the nature of (democratic) government. There are two types of democracy, procedural and substantive democracy. The first one focuses on the processes and procedures like conducting  free and fair elections, whereas the second one is more focused on bringing socio-economic change. The internal organization structure of parties would determine the way it participates in both these aspects of democracy. Activities like campaigns, canvassing, and grievance redressal mechanisms of political parties have huge implications for society at large.

A political party based on democratic lines would choose the candidate in the most transparent manner by conducting elections. It would select those candidates who are not only qualified but also those who showcase democratic ethos. It means a government that is formed on democratic credentials will act democratically. The laws and policies formulated by such a government would reflect democratic ideals of freedom, equality, and justice. In India, where the government touches every aspect of social life and follows individuals from cradle to grave, it is expected that the government will work to enhance and enrich democracy in society.

However, the  political parties structured on the basis of favoritism, caste, and communal lines, will end up polarizing society. When such political parties form the government, their actions eventually lead to a democratic deficit. Hence, political parties organized on democratic lines through internal elections can have a salutary effect on the institutions(broadest sense of the term) of the country. As politics and political institutions influence society, economy, administration, culture, and the people at large, their nature of working will ultimately decide whether democracy becomes a way of life.

PERSPECTIVE ON HOLDING INTERNAL PARTY ELECTION AS A CHALLENGE

‘One reason for the relative neglect of the internal life of political parties is that these organizations have long been commonly regarded in liberal theory as private associations, which should be entitled to compete freely in the electoral marketplace and govern their own internal structures and processes. Any legal regulation by the state, or any outside intervention by international agencies, was regarded in this view as potentially harmful by either distorting or even suppressing pluralist party competition with a country.’

WHY DO THE PARTIES RESIST INTERNAL PARTY ELECTIONS?

DYNASTY POLITICS

  • The lack of intra-party democracy has contributed to the growing nepotism in political parties. With senior party leaders fielding their kin in elections, succession plans for “family” constituencies are being put in place.

CENTRALIZED STRUCTURE OF POLITICAL PARTIES

  • The centralized mode of functioning of the political parties and the stringent anti-defection law of 1985 deters party legislators from voting in the national and state legislatures according to their individual preferences.

LACK OF LAW

  • Currently, there is no express provision for internal democratic regulation of political parties in India and the only governing law is provided by Section 29A of the Representation of the Peoples’ Act, 1951 which provides for registration of political parties with the ECI. However, ECI does not have any statutory power to enforce internal democracy in parties or to mandate elections.

PERSONALITY CULT

  • There is a tendency of hero worship in people and many times a leader takes over the party and builds his own coterie, ending all forms of intra-party democracy.

EASY TO SUBVERT INTERNAL ELECTIONS

  • The ability of existing repositories of power to subvert internal institutional processes to consolidate power and maintain the status quo is unquestionable.

GLOBAL SCENARIO-BEST PRACTICES

●  Germany’s intra-party democracy regulations- They were originally enacted to respond to international political pressure to convince the world of the country’s objection to fascism and totalitarianism of all sorts. This resulted in regulations on intra-party democracy regarding party registration, candidate selection, and leadership elections which are present still today.

●  In Finland, both political elites, as well as the public, have continuously acknowledged the regulations on candidate selection, leadership elections, and democratic internal rules promoting Intra Party Democracy.

THE WAY FORWARD

  • Political parties shall take appropriate steps to ensure the holding of elections at all levels. The recently concluded Presidential election in the Congress party can work as a template for other parties(See the box below)

CONGRESS PARTY PRESIDENTIAL ELECTION PROCESS

The Central Election Authority (CEA) of the Congress, recruited a massive team of 943 returning officers from within the party for overseeing the process of choosing the delegate from each block unit. Any of them could choose to contest for the post of president by getting the support of 10 other delegates. Voting is through a secret paper ballot under a rank-choice voting system. This mammoth exercise is only possible due to the institutional structure of the CEA, the constitutionally prescribed election rules, and an experienced team of nearly a thousand people working on it for over a year.

  • Exploring options for providing such powers to the Election Commission of India and/or carrying out amendments in the RPA to bring meaningful internal democracy in the working of the political parties.
  • The Anti-Defection Act of 1985 requires the party legislators to act according to the party whip which is decided by the diktats of the highest party leadership. One way to democratize political parties is to promote intra-party dissent.

THE CONCLUSION: Those who emphasize the participatory aspects of democracy place the most value on intra-party democracy as an end in itself. They see parties not primarily as intermediaries, but rather as incubators that nurture citizens’ political competence. Be that the case may be, the idea of  mandatory internal elections in parties may require wider debate on the constitutional, legal, administrative and logistical challenges.

Mains Practice Questions:

Q.1 Discuss the desirability of giving statutory status to Internal elections in political parties for enriching democracy in India.

Q.2 ‘Intra party democracy promotes accountability, inclusivity, and counter factionalism’. Comment.

Q.3. Can the vicious cycle of gender inequality be solved by engendering Intra Party Democracy? Analyze your view.




TOPIC : WHETHER THE ALLEGATIONS OF THE MISUSE OF CENTRAL INVESTIGATIVE AGENCIES CAN BE TACKLED BY THEIR AUTONOMISATION?

THE CONTEXT: There have been multiple allegations  against the Central Investigative Agencies from various quarters that  the Government of India is misusing them for political motives. One view is  that to prevent their misuse, more autonomy and independence should be provided to  these institutions. However, the Government claims that these institutions inherently have autonomy and independence as per their mandate. This article examines these issues in detail from the UPSC perspective.

AGENCIES IN THE NEWS

When any institution becomes a law unto itself, it becomes imperative to ensure that it is made answerable and accountable to society at large, and not just to the government. Over the years, disconcerting questions have arisen regarding the functioning of the Enforcement Directorate, Central Bureau of Investigation, and National Investigation Agency. For Instance- Recent questioning of AAM Aadmi Party leader- Manish Sisodia by the CBI. Thereby stating that this misuse is affecting the Federal structure of India, where the government in power infringes upon the rights of the state. The same is the case with ED and NIA. We will be analyzing the working of these three important agencies: CBI, ED, and the NIA which reflect the problems with other agencies as well.

MANDATE OF CBI, ED, AND NIA

CENTRAL BUREAU OF INVESTIGATION (CBI)

  • It is the premier investigating police agency in India that functions under the superintendence of the Ministry of Personnel, Pension and Public Grievances, Government of India, which falls under the prime minister’s office.
  • Thereby, CBI is not a statutory body but derives its power to investigate from the Delhi Special Police Establishment Act, of 1946.
  • It handles cases like:
  1. Anti-Corruption Crimes under the Prevention of Corruption Act of 1988.
  2. Economic Crimes like fake Indian Currency Notes, Bank Frauds, Import Export, and Foreign Exchange violations.
  3. Other cases-Special Crimes, Suo Moto Cases, etc.

ENFORCEMENT DIRECTORATE(ED)

  • The Directorate of Enforcement is a multi-disciplinary organization mandated with an investigation of offenses of money laundering and violations of foreign exchange laws.
  • The statutory functions of the Directorate include the enforcement of the following Acts:
    1. The Prevention of Money Laundering Act, 2002 (PMLA)
    2. The Fugitive Economic Offenders Act, 2018 (FEOA)
    3. The Foreign Exchange Management Act, 1999 (FEMA)

NATIONAL INVESTIGATION AGENCY(NIA)

  • NIA is the Central Counter-Terrorism Law Enforcement Agency of India mandated to investigate all the offenses affecting the sovereignty, security, and integrity of India.
  • The Central Government for the trial of Scheduled Offenses constitutes one or more Special Courts under Section 11 and 22 of the NIA Act 2008.
  • The scheduled offenses under NIA include the Narcotic Drugs and Psychotropic Substances Act, Unlawful Activities (Prevention) Act, etc.

CONCERNS RELATED TO THE WORKING OF INVESTIGATION AGENCIES

When any institution becomes a law unto itself, it becomes imperative to ensure that it is made answerable and accountable to the society at large, and not just to the government. Over the years, disconcerting questions have arisen regarding the functioning of Investigation agencies-

  1. NATIONAL INVESTIGATION AGENCY (NIA)

The recent amendment in NIA has empowered the agency to investigate offenses related to-

●  human trafficking

●  offenses related to counterfeit currency or banknotes

●  manufacture or sale of prohibited arms

●  Cyber-terrorism

●  offenses under the Explosive Substances Act, of 1908

Now the Central Government can ensure that offenses under these headings are no longer investigated by the respective state’s police but by the NIA, which is seen as larger encroachment on federalism.

    2. CENTRAL BUREAU OF INVESTIGATION

POLITICIZATION OF INSTITUTION

  • A bench headed by Justice R M Lodha described the CBI as a “caged parrot speaking in its master’s voice”
  • Repeated transfers of officers led to a change in the direction of the investigation.
  • In 2019, then CJI Ranjan Gogoi questioned the role of the CBI in “politically sensitive” cases, and said that it reflected “a deep mismatch between institutional aspirations” and “governing politics”.

STRUCTURAL ISSUES-

  • CBI has been stymied both by the legal structure within which it functions and by the changes made by governments in the rules governing it. For instance-
  • To prosecute any MLA, state minister, or MP, the CBI needs sanction from the Speaker of the state Assembly (in case of MLAs) or the Governor (for state ministers). In the case of an MP, a sanction is sought from the Speaker of Lok Sabha or Vice Chairman of Rajya Sabha. Since all these sanctioning authorities have links to the ruling dispensation, Opposition parties feel they are unfairly targeted.

FACE OFF WITH STATE POLICE-

  • CBI enjoys the concurrent powers of investigation and prosecution for offenses that sometimes lead to duplication and overlapping of cases with state police forces.

LOOPHOLES IN INVESTIGATION-

  • According to the latest annual report of the Central Vigilance Commission, nearly 6700 cases probed by the CBI were pending in different courts, 275 cases of them pending more than 20 years.
  • The federal agency is normally required to complete an investigation in a year.

DEPENDENCY ON OTHER INSTITUTIONS-

  • CBI depends on the Ministry of Home Affairs for staffing since many of its investigators come from the Indian Police Service.
  • It depends on the Ministry of law and justice for lawyers.
  • It depends on the Ministry of Finance for financial needs.
  • It depends on State governments for invoking their authority to investigate cases in a State.

POLITICAL TUG-OF-WAR

  • The mandate of agency has been constrained by the increasingly hostile relations between the Centre and the state governments. As many as nine states have withdrawn general consent to the CBI as they allege that the CBI is being used by the Centre to target the Opposition.
  • Withdrawal of consent means CBI cannot investigate even a central government employee stationed in a state without the consent of the state government.

    3. ENFORCEMENT DIRECTORATE

POLITICIZATION

  • The ED is alleged to be targeting those political leaders who do not belong to the ruling party/parties at the Centre. Even the past cases of these leaders have been reopened in order to pressurise them either to change parties or to curb dissent.

VIOLATING FEDERAL PRINCIPLES

  • The division of power under the Schedule 7 of the Constitution places the responsibility for police and public order in the State List. But the power of ED to investigate cases without the state’s consent, especially in ordinary crimes, is against federal principles.

VIOLATION OF RULE OF LAW

  • ED can carry out the pre-trial attachment of property and funds just on basis of reasons to believe the investigative authority and not concrete facts. So even without an investigation is complete, a person can be charged, and the property can be attached just because a complaint/investigation exists against him.
  • It effectively means that though a citizen is presumed not guilty, he is deprived of control over his property, when the prosecution believes that it comes from tainted money, effectively destroying lives, families, and businesses, just on the basis of the investigator’s reason to believe and not on evidence.

IS AUTONOMISATION THE ANSWER TO THE PROBLEMS OF THE CIAS?

  • Dissent and criticism are welcome in a democracy even if they are not fair at times. But when the opposition does nothing else but oppose and criticize, then it tends to become counterproductive and points toward the bankruptcy of intelligentsia within the opposition ranks. The opposition invariably charges these institutions of being under government control and thereby not being fair or unbiased in their functioning.
  • If these institutions have come under greater scrutiny in the last few years, it is because of the high-decibel and unbridled political rhetoric practiced by the opposition against the government.
  • The fact that these institutions are organs of the government of the day is an axiomatic truth. No government department can ever be totally and unquestionably independent in its work. It has to be remembered that these departments come into action on orders of the government and therefore they will also have to report back to the government periodically.
  • The government of the day does not just exercise control, it is also responsible to the nation for the working of these departments. Till about two decades ago, these departments were not in the public eye to the same extent as they are today. The excessive debate over their work today is a result of the overflow of true and false information through all kinds of media, the right of Right to Information, and the regular press briefings of the department itself. Thus, today these institutions are under greater public scrutiny in whatever they do.
  • There are no two views on the fact that these institutions must be afforded maximum autonomy for the best results. The onus for that lies with the government of the day. It should only exercise administrative control that does not interfere with its professional functioning. The expertise of such institutions should not be wasted on frivolous cases that can easily be resolved by local police authorities.
  • Political leadership’s decisions may be influenced by political considerations at times. This is part of a democracy and will have to be accepted as long as it is in good faith and not against the interests of the nation.

LESSONS TO BE LEARNED FROM ED

The Enforcement Directorate (ED) has a set of powers that the CBI or other investigative agencies don’t have, making it the feared agency. These powers are

  1. Under PMLA which ED deals with, a statement recorded before an investigation officer (IO) is admissible in court as evidence.
  • Statements to police are otherwise not admissible in court. Only statements recorded before a magistrate are admissible.
  1. All offenses under PMLA are non-bailable.
  2. Unlike CBI or state police forces, the ED does not have its own lock-ups, so there are no special cells with ED for VIPs in its custody. People in ED custody go to the lock-up of the nearest police station, irrespective of their status. This means that VIPs being chased by ED don’t have a shred of comfort when in custody.
  3. The burden of proof is on the accused. Unlike regular criminal law, it is the accused, not the prosecutor, that has to furnish the proof under PMLA which ED deals with.

FEDERAL BUREAU OF INVESTIGATION(FBI), USA

The FBI is the lead investigating agency in the USA, which sets an example for the whole world as to maintain transparency and accountability.

THE WAY FORWARD

  • A high-level governing board should be set up for the CBI in which, apart from the prime minister and union home minister, four-five chief ministers of states may be appointed, by turn, to give broad guidelines and keep a watch over the working of the CBI. This will instill a sense of confidence in the states and help in building consensus in favor of a Central law for the CBI.
  • In the Vineet Narain case, 1997 The Supreme Court laid down guidelines to ensure the independence and autonomy of the CBI and ordered that the CBI be placed under the supervision of the Central Vigilance Commission (CVC), an independent governmental agency intended to be free from executive control or interference.
  • A comprehensive new central law should govern the working of the institutions. The law should specifically provide for the appointment of a special public prosecutor who will have full independence to deal with politically and nationally sensitive cases and take a stand in safeguarding the public interest.
  • The Central Investigative Agencies should be brought fully under the Right to Information law, with a stipulation that no information pertaining to any ongoing investigation can be made available, but that all information pertaining to cases that were withdrawn, cases that were closed, or were dismissed by the court would be made available to the people. Such a social audit will go a long way in making both these institutions fully accountable.
  • The selection of the directors of Central Investigative Agencies these institutions should be made by a committee presided over by the prime minister and comprise the home minister, the Lok Sabha speaker, the Rajya Sabha chairman, judges of supreme court and Leader of opposition.

THE CONCLUSION: What is at stake is more than just the image and credibility of the CBI. India’s image as a country committed to the rule of law itself needs to be refurbished nationally and internationally. The Central government can send a powerful message by setting the ball rolling without the loss of any further time.

MAINS PRACTICE QUESTION

Q.1 ‘Whether the allegations of misuse of Central Investigative Agencies can be tackled by their Autonomisation?’ Discuss.

Q.2 Discuss the loopholes in the institutional structure of Central Investigative Agencies in India. Suggest reforms to bridge the loopholes.

Q.3 Enforcement Directorate has a set of powers that make it a feared agency. Discuss.




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

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

ABOUT POPULAR FRONT OF INDIA (PFI)

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

Instances when PFI was at odds with the law:

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

REASONS CITED BY THE CENTRE FOR THE CURRENT BAN

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

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

LEGAL PROVISIONS UNDER UAPA FOR DECLARING ANY ASSOCIATION AS UNLAWFUL

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

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

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

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

PROCESS OF BANNING AN ASSOCIATION/ORGANISATION

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

POSSIBLE IMPACT OF DECLARING ANY ASSOCIATION AS UNLAWFUL UNDER UAPA

SECTION 7

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

SECTION 8

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

SECTION 10

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

SECTION 11

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

SECTION 13

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

EXAMPLES OF BANNED ORGANISATIONS IN INDIA

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

INTERPLAY BETWEEN THE FREEDOM OF ASSOCIATION AND NATIONAL SECURITY

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

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

ARGUMENTS IN FAVOUR 

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

COUNTER ARGUMENTS

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

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

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

THE WAY FORWARD:

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

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

Mains Practice Questions:

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



TOP 5 TAKKAR NEWS OF THE DAY (10th JANUARY 2023)

GOVERNANCE

1. NHA INITIATIVE TO GRADE HOSPITALS

TAGS: GS-II- GOVERNANCE

THE CONTEXT: The National Health Authority (NHA) in India is introducing a new system to measure and grade hospital performance under the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB PM-JAY) scheme, with the goal of shifting the focus of hospital performance measurement from the volume of services provided to the value of healthcare services.

THE EXPLANATION:

The new initiative will introduce the concept of “value-based care,” where payment will be outcome-based and providers will be rewarded based on the quality of treatment they deliver.

Shift from Quantity to Quality

  • Traditionally, the healthcare model has been focused on the quantity of services delivered, with case-based bundled payments made on the basis of the number of services provided.
  • Under the new value-based care model, providers will be rewarded for helping patients improve their health, which will ultimately reduce the effects of disease in the population in the long term.
  • This shift promises significant increases in overall health gains and is expected to benefit all stakeholders, from patients to healthcare providers, payers, and suppliers.

Measures Taken by NHA to Ensure Quality Care

  • To ensure that PM-JAY beneficiaries receive both cashless healthcare benefits and high-quality care at every empaneled hospital, the NHA has implemented various measures.
  • These measures include standardizing the cost of treatment under the scheme and adding new and advanced treatment procedures. Additionally, the NHA has made provisions to incentivize the best performing hospitals that provide quality care to patients.

Performance Indicators and Public Dashboard

  • Under the value-based care system, the performance of AB PM-JAY empaneled hospitals will be measured based on five performance indicators:
  1. Beneficiary Satisfaction;
  2. Hospital Readmission Rate;
  3. Out-of-Pocket Expenditure;
  4. Confirmed Grievances; and
  5. Improvement in Patient’s Health-Related Quality of Life.
  • The performance of hospitals based on these indicators will also be made available on a public dashboard, allowing beneficiaries to make informed decisions about their healthcare. This will not only determine the financial incentives of hospitals, but also create a demand for quality treatment among PMJAY beneficiaries.

Connect the dots:

  • Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB PM-JAY)
  • NATIONAL HEALTH MISSION

HEALTH ISSUES

2. AFRICAN SWINE FLU

TAGS: PRELIMS PERSPECTIVE- GS-II-HEALTH ISSUES

THE CONTEXT:Amid the outbreak of African swine fever in wild boars in Mudumalai (Tamil Nadu) and Bandipur (Karnataka) Tiger Reserves, the sale of pork has been banned in the picturesque Nilgiris, a hill district in western Tamil Nadu.

THE EXPLANATION:

  • The authorities have imposed a ban on transportation of animals or meat outside the Nilgiris, which boasts scenic tourist destinations including Ooty (Udhagamandalam), Coonoor and Gudalur.
  • The Mudumalai Tiger Reserve in the district is contiguous with the Bandipur Tiger Reserve in neighbouring Karnataka.

What is African swine fever?

  • African swine fever (ASF) is a highly contagious viral disease of domestic and wild pigs, whose mortality rate can reach 100%.
  • It is not a danger to human health, but it has devastating effects on pig populations and the farming economy. There is currently no effective vaccine against ASF.
  • The virus is highly resistant in the environment, meaning that it can survive on clothes, boots, wheels, and other materials. It can also survive in various pork products, such as ham, sausages or bacon. Therefore, human behaviours can play an important role in spreading this pig disease across borders if adequate measures are not taken.

African swine fever: a socio-economic burden and a threat to food security and biodiversity

  • Pigs are a primary source of household income in many countries. The spread of ASF across the world has devastated family-run pig farms, often the mainstay of people’s livelihoods and a driver of upward mobility. It has also reduced opportunities to access healthcare and education.
  • Moreover, pork meat is one of the primary sources of animal proteins, accounting for more than 35% of the global meat intake. Hence, this disease poses a serious problem for food security worldwide.
  • This disease is also a concern for biodiversity and the balance of ecosystems, as it affects not only domestic farmed pigs, but also wild boars, including native breeds.

ENVIRONMENT, ECOLOGY AND CLIMATE CHANGE

3. BHITARKANIKA NATIONAL PARK

TAGS: PRELIMS PERSPECTIVE- GS-III- ENVIRONMENT

THE CONTEXT:According to the Odisha forest department, the Bhitarkanika National Park in Odisha has seen an increase in its bird population in 2023.

THE EXPLANATION:

  • In a clear indication that the Bhitarkanika National Park is a congenial spot for attracting birds, the Odisha forest department informed that the number of birds in the national park has increased this year. The staff of the forest department counted 1,39,959 birds this year compared to 1,38,107 last year.
  • While the number of bird count increased, the diversity of species has decreased compared to last year. This year the Bhitarkanika National Park saw 140 species of birds compared to 144 last year, however, many rare and endangered species were spotted this time.
  • Bhitarkanika National Park is a prime location for birds of different species and is located 130 km from Odisha’s capital Bhubaneswar. The Chilka and Bhitarkanika wetland spots in Odisha are some of the favoured destinations for migratory birds during winter.

VALUE ADDITION:

Bhitarkanika Mangroves Conservation Area

  • Bhitarkanika — a notified Ramsar wetland — is spread over 195 sq. km and is home to 62 mangrove species. Besides, 1,600 salt water crocodiles crawl on the mudflats of the Bhitarkanika mangrove forest.
  • Bhitarkanika is a unique habitat of Mangrove Forests criss-crossed with numerous creeks and mud flats located in Kendrapara district of Orissa.
  • It is one of the largest Mangrove Eco systems in India,Bhitarkanika is home to diverse flora and fauna.
  • The Bhitarkanika mangrove conservation area comprises of Bhitarkanika National Park and Wildlife Sanctuary and Gahirmatha Marine Sanctuary approximating around 3000 km2 area of which around 4.8% (145 km2 ) area has mangrove cover.
  • Mangroves grow in brackish water. Proportionate fresh water flow from the Brahmani river basin and the Kharasrota river keep the salinity level of the water along the shore down. The brackish water becomes ideal for the mangroves to grow and stay healthy.
  • The Bhitarkanika National Park, famous for the endangered saltwater crocodiles, has seen an increase of the rare species to 1,671, an annual census conducted by the Forest Department this year has found.

SECURITY AFFAIRS

4. GOVT DESIGNATES CANADA-BASED AARSHDEEP SINGH GILL AS TERRORIST

TAGS: GS-III-INTERNAL SECURITY

THE CONTEXT: Recently, a 26-year old resident from Punjab, presently based in Canada has been designated as an “individual terrorist” by the Ministry of Home Affairs (MHA) under the anti-terror law UAPA.

THE EXPLANATION:

  • Arshdeep Singh Gill, a resident of Moga in Punjab is associated with Khalistan Tiger Force (KTF), is a banned terrorist organisation.
  • MHA said that Gill alias ArshDala is very close to Hardeep Singh Nijjar, a designated terrorist under the Unlawful Activities (Prevention) Act (UAPA) and runs terror modules on the matter’s behalf.
  • In a notification, MHA said that Gill is involved in heinous crimes such as murder, extortion and targeted killings besides terror activities, terror financing, cross border smuggling of drugs or weapons in large scale. It added that Gill is accused in various cases registered and investigated by the National Investigation Agency including targeted killing, extorting money for terror funding, attempt to murder, disturbing communal harmony and creating terror among the people in the state of Punjab.

VALUE ADDITION:

The Unlawful Activities (Prevention) Amendment Act, 2019

The Act provides special procedures to deal with terrorist activities, among other things.

  • Who may commit terrorism: Under the Act, the central government may designate an organisation as a terrorist organisation if it: (i) commits or participates in acts of terrorism, (ii) prepares for terrorism, (iii) promotes terrorism, or (iv) is otherwise involved in terrorism.  The Act additionally empowers the government to designate individuals as terrorists on the same grounds.
  • Approval for the seizure of property by NIA: Under the Act, an investigating officer is required to obtain the prior approval of the Director-General of Police to seize properties that may be connected with terrorism.  The Act adds that if the investigation is conducted by an officer of the National Investigation Agency (NIA), the approval of the Director-General of NIA would be required for the seizure of such property.
  • An investigation by NIA: Under the Act, investigation of cases may be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above.  The Act additionally empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases.
  • Insertion to schedule of treaties: The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act.  The Schedule lists nine treaties, including the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979).  The Bill adds another treaty to the list.  This is the International Convention for Suppression of Acts of Nuclear Terrorism (2005).

PRELIMS PERSPECTIVE

5. GLASS FROGS

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT: Recently scientists gleaned insight into how glassfrogs –a species known for this ability – are able to achieve such transparency.

THE CONTEXT:

THE EXPLANATION:

  • Glass frogs live in the American tropics and are nocturnal amphibians that spend their days sleeping upside down on translucent leaves that match the colour of their backs — a common camouflage tactic.
  • Their translucent skin and muscle allow their bones and organs to be visible – hence the name.
  • Recent research has proposed that this adaptation masks the frogs’ outlines on their leafy perches, making them harder for predators to spot.

How do some animals become transparent?

  • Transparency is a common form of camouflage among animals that live in water, but rare on land.
  • In vertebrates, attaining transparency is difficult because their circulatory system is full of red blood cells that interact with light. Studies have shown that ice fish and larval eels achieve transparency by not producing haemoglobin and red blood cells.
  • Glass frogs use an alternative strategy. Resting glass frogs increase transparency two- to threefold by removing nearly 90 percent of their red blood cells from circulation and packing them within their liver, which contains reflective guanine crystals.
  • Whenever the frogs need to become active again, they bring the red blood cells back into the blood, which gives the frogs the ability to move around — at which point, light absorption from these cells breaks transparency.



TOPIC : THE DEBATE ON THE POLITICS OF REMISSION – ISSUES AND THE WAY FORWARD

THE CONTEXT: On August 15,the Gujarat government released 11 convicts who were sentenced to life imprisonment for the heinous murder and gang rape of women during the Gujarat communal riots of 2002.The action by the government has received heavy criticism from all sections of society with more than 130 former civil servants writing an open letter to the Chief Justice of India (CJI) against the action and asking for its revocation.In this article, we will analyze this issue in detail.

THE BASIC CONCEPT OF REMISSION AND LAWS GOVERNING IT

WHAT IS REMISSION?

  • Remission is the complete ending of a sentence at a reduced point. Remission is distinct from both furlough and parole in that it is a reduction in sentence as opposed to a break from prison life.
  • In remission, the nature of the sentence remains untouched, while the duration is reduced i.e., the rest of the sentence need not be undergone.
  • The effect of the remission is that the prisoner is given a certain date on which he shall be released and in the eyes of the law he would be a free man.
  • However, in case of breach of any of the conditions of remission, it will be cancelled, and the offender has to serve the entire term for which he was originally sentenced.

REMISSION POWER OF THE PRESIDENT

  • Article 72 deals with the clemency power of the President of India. This power extends to:
    o in all cases where the punishment or sentence is by a Court Martial;
    o in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
    o in all cases where the sentence is a sentence of death.
  • This power should be exercised on the advice tendered by the executive to the President, who, subject to the provisions of Article 74(1) must act in accordance with such advice.

REMISSION POWER OF THE GOVERNOR

  • Under Article 161, the Governor has the power to grant clemency to anyone convicted under any law on a matter which comes under the State’s executive power.
  • This power is to be exercised by the Governor as per the advice of the CoM.
  • The power to pardon in all cases where the sentence is death, the power lies within President as per Art 72.
  • The Supreme Court has held in Maru Ram and Kehar Singh that the power under Articles 72 and 161 of the Constitution are to be exercised by the Central and the State Governments and not by the President or Governor on their own.

REMISSION POWER OF THE STATE GOVERNMENT

  • The Code of Criminal Procedure (CrPC) provides for remission of prison sentences, which means the whole or a part of the sentence may be cancelled.
  • Under Section 432, the ‘appropriate government’ may suspend or remit a sentence, in whole or in part, with or without conditions.
  • This power is available to State governments so that they may order the release of prisoners before they complete their prison terms.
  • Under Section 433, any sentence may be commuted to a lesser one by the appropriate government.

REMISSION POWER OF THE CENTRAL GOVERNMENT

  • Section 435 says that if the prisoner had been sentenced in a case investigated by the CBI, or any agency that probed the offence under a Central Act, the State government can order such release only in consultation with the Central government.
  • The power of remission under the CrPC is different from the constitutional power enjoyed by the President and the Governor. Under the CrPC, the government acts by itself.
  • Under Article 72 and Article 161, the respective governments advise the President/Governor to suspend, remit or commute sentences. Despite the fact that it is ultimately the decision of the government in either case, the Supreme Court has made it clear that the two are different sources of power.

KEY TERMS-AN EXPLAINER

  • Pardon: It absolves the convict of all sentences, punishments, and disqualifications by removing both the sentence and the conviction. A pardon may be absolute or conditional. It may be exercised at any time, either before legal proceedings are taken or during their pendency or after conviction. The rejection of one clemency petition does not exhaust the pardoning power of the President.
  • Parole: It is a system of releasing a prisoner with suspension of the sentence. The release is conditional, usually subject to behaviour, and requires periodic reporting to the authorities for a set period of time.Parole is not a right, and is given to a prisoner for a specific reason, such as a death in the family or a wedding of a blood relative.It may be denied to a prisoner even when he makes out a sufficient case, if the competent authority is satisfied that releasing the convict would not be in the interest of society.
  • Commutation: The substitution of one form of punishment for a less severe form. A death sentence, for example, may be commuted to rigorous imprisonment, which may then be commuted to simple imprisonment.
  • Furlough: It is similar to parole, but with some significant differences. It is given in cases of long-term imprisonment. The period of furlough granted to a prisoner is treated as remission of his sentence.Unlike parole, furlough is seen as a matter of right for a prisoner, to be granted periodically irrespective of any reason, and merely to enable the prisoner to retain family and social ties, and to counter the ill-effects of prolonged time spent in prison.
  • Respite: It refers to the imposition of a lesser sentence in place of one that was originally imposed due to a unique circumstance, such as a convict’s physical disability or a woman offender’s pregnancy.
  • Reprieve:It denotes a temporary stay of execution of a sentence (especially one of death). Its purpose is to give the convict enough time to petition the President for a pardon or commutation.

ABOUT THE BILKIS BANO CASE

  • Bilkis Bano and her family were attacked on March 3 2002 during the Gujarat Riots. She was gangraped and seven of her family members were murdered.
  • The Supreme Court ordered a CBI probe into the incident and arrests were made in 2004. In 2008, the Special CBI Court in Mumbai sentenced the 11 accused to life imprisonment on the charges of conspiring to rape a pregnant woman, murder and unlawful assembly under the Indian Penal Code.
  • One of the convicts had approached the Supreme Court for the remission of his sentence. This plea led to the remission of the sentences of the 11 convicts.
  • The apex court directed the Gujarat government to look into the issue of remission, following which the government formed a committee. Following the recommendation of the committee, the government decided to release the convicts.

THE CONTROVERSY OVER RECENT GRANT OF REMISSION TO CONVICTS IN GUJARAT

RECENT AFFIDAVIT FILED BY THE GUJARAT GOVERNMENT

  • In an recent affidavit filed by the Gujarat government had stated that it decided to release the 11 convicts since they had “completed 14 years and above in prison and their behaviour was found to be good”, and that the Centre had also “conveyed (its) concurrence/approval”.
  • Earlier the “Superintendent of Police, CBI, Special Crime Branch, Mumbai” and the “Special Civil Judge (CBI), City Civil and Sessions Court, Greater Bombay”, had opposed the early release.
  • The state government cited a “unanimous” recommendation of the Jail Advisory Committee to grant them remission on grounds of “good behaviour”.
  • Since then, the apex court has issued notices to the state government on two petitions challenging their release The petitioners have contended that the remission was granted without the Centre’s sanction.
  • In their plea, the petitioners stated that the case was investigated by CBI and “accordingly, grant of remission solely by the competent authority of a state government/ state of Gujarat without any consultation with the Central government is impermissible in terms of the mandate of Section 435 of the Code of Criminal Procedure, 1973”.
  • Also,the recent point of concern is according to the Gujarat government’s affidavit, the 11 convicted men were out of jail for an average of 1,176 days each before each of them was released.

NOT FOLLOWED THE LATEST POLICY

Critics have pointed out that the convicts were not eligible for remission of sentence under the Gujarat government’s latest 2014 policy, but were released under the old 1992 policy instead.

OPINION OF THE JUDGE NOT TAKEN

The opinion of the judge who conducted the trial or in charge of the district should be taken too. But in this case, it was not taken.

SAY OF THE MAHARASHTRA GOVERNMENT

Section 432(7) of the CrPC says the appropriate government will be “the State within which the offender is sentenced or the said order is passed”. Thus, in this case, it should be Maharashtra Government.

CAN STATE GOVERNMENT GIVE REMISSION TO ANY PRISONER?

  • Union may frame guidelines but States are not bound to follow. As 7TH Schedule Prison is a ‘State Subject’.
  • If CBI had investigated the case the State must consult the Union government.
  • 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.
  • Also, convicts serving life sentences are entitled to seek remission after serving a minimum of 14 years in prison.

IMPLICATIONS OF THE ISSUE?

ON THE VICTIM RELATED TO THE CASE

  • The victim (in this case) Bilkis Bano, has not only suffered the assault of rape but also the loss of her child. It may shake her faith in justice, and the ripple effect may set in motion affecting other women who are struggling in courts for justice.
  • Her safety and well-being may get compromised due to the release of the convicts.

ON CONVICTS

  • The 11 people who got released by the Government may transfer a wrong message to society and can create further hatred against the minority communities.

IN SOCIETY AT LARGE

  • Society will affect the most by the incident, as the rights and sex-based violence in the country may be provoked further.
  • It is possible that, technically, the government is within its rights to release murderers and rapists, but it goes against the spirit of the Centre’s current guidelines

THE WAY-FORWARD

THE ROLE OF APEX COURT

The Supreme Court should constitute a Bench:

  • To reconsider judgments that allow the remission policy obtaining on the date of conviction, instead of the policy currently in force.
  • To address whether the ‘appropriate government’ should be the one in the State where the crime took place, or the State to which the trial was transferred on judicial orders should be responsible for remission.
  • To formulate a rational remission policy that will be based on humanitarian considerations and have the scope for reform of the offenders and their sense of remorse.

REFORMATION OF CRIMINALS

  • The supreme aim of our prison discipline should be the reformation of criminals, and that there must be in every prison a well-devised and skilfully applied system of rewards for good conduct of prisoners.

POLITICIZATION OF HUMAN RIGHTS

  • The human rights of individuals should not be made to suffer at the altar of political manipulations and machinations.

JUSTICE TO VICTIMS OF CRIME

  • The Malimath Committee made a series of recommendations to ensure justice to the victims:
    1. The victim should be allowed to participate in cases involving serious crimes and also be given adequate compensation.
    2. If the victim is dead, the legal representative shall have the right to implead himself or herself as a party, in case of serious offences.
    3. The State should provide an advocate of victim’s choice to plead on his/her behalf and the cost has to be borne by the State if the victim can’t afford it.
    4. Victim compensation is a State obligation in all serious crimes, whether the offender is apprehended or not, convicted or acquitted. This is to be organised in a separate legislation.
    5. A Victim Compensation Fund can be created under the victim compensation law and the assets confiscated in organised crimes can be made part of the fund.

THE CONCLUSION: It is an event of concern for India’s democracy and it also questions equal and fair Justice to all, as the release of convicts challenges the rights of minorities, promotes Gender-related crimes, and even against the fundamental Rights of an individual.

QUESTION FOR MAINS EXAMINATION:

Q1. Critically analyse the remission policy in India. Do you think that the policy is used for political milage in recent times?
Q2. Every saint has a past, every sinner has a future. In the light of this statement discuss whether the remission should be granted to prisoners of serious crimes like rape and murder?
Q3.”Seriousness of the crime, the status of the co-accused and conduct in jail should be the factors considered for granting remission”.Elucidate.




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

POLITY AND GOVERNANCE

1. JALLIKATTU-CULTURAL PRACTICE OR CRUELTY?

TAGS: PRELIMS PERSPECTIVE- GS-II-GOVERNANCE

THE CONTEXT: Amid the Supreme Court quash the Tamil Nadu Regulation of Jallikattu Act, 2009 in 2014, the State said the ban on Jallikattu was perceived as an onslaught against the cultural identity of the people of Tamil Nadu.

THE EXPLANATION:

What is Jallikattu?

  • It is a bull-taming sport and a disputed traditional event in which a bull such is released into a crowd of people.
  • Multiple human participants attempt to grab the large hump on the bull’s back with both arms and hang on to it while the bull attempts to escape.
  • Participants hold the hump for as long as possible, attempting to bring the bull to a stop. In some cases, participants must ride long enough to remove flags on the bull’s horns.
  • It is typically practised in the state of Tamil Nadu as a part of Pongal (harvest) celebrations in January.

Issue with the sport

  • An investigation by the Animal Welfare Board of India concluded that “Jallikattu is inherently cruel to animals”.
  • Human deaths: The event has caused several human deaths and injuries and there are several instances of fatalities to the bulls.
  • Manhandling of animals: Animal welfare concerns are related to the handling of the bulls before they are released and also during the competitor’s attempts to subdue the bull.
  • Cruelty to animal: Practices, before the bull is released, include prodding the bull with sharp sticks or scythes, extreme bending of the tail which can fracture the vertebrae, and biting of the bull’s tail.
  • Animal intoxication: There are also reports of the bulls being forced to drink alcohol to disorient them, or chilli peppers being rubbed in their eyes to aggravate the bull.

Arguments in favour

  • Native breed conservation: According to its protagonists, it is not a leisure sport available but a way to promote and preserve the native livestock.
  • Cultural significance: Jallikattu has been known to be practiced during the Tamil classical period (400-100 BCE) and finds mention in Sangam texts.
  • Man-animal relationship: Some believe that the sport also symbolizes a cordial man-animal relationship.

2. 50 ASI-PROTECTED MONUMENTS DISAPPEAR

TAGS: PRELIMS PERSPECTIVE-GS-I

THE CONTEXT: The Ministry of Culture recently told Parliament that 50 of India’s 3,693 centrally protected monuments were missing.

THE EXPLANATION:

  • Fifty of India’s 3,693 centrally protected monuments have gone missing, according to the Ministry of Culture has told Parliament.

What are centrally protected monuments?

  • The Ancient Monuments and Archaeological Sites and Remains Act (AMASR Act) regulates the preservation of monuments and archaeological sites of national importance. The Archaeological Survey of India (ASI), which is under the aegis of the Union Ministry of Culture, functions under this Act.
  • The Act protects monuments and sites that are more than 100 years old, including temples, cemeteries, inscriptions, tombs, forts, palaces, step-wells, rock-cut caves, and even objects like cannons and mile pillars that may be of historical significance.
  • According to the provisions of AMASR Act, ASI officials are supposed to regularly inspect the monuments to assess their condition. Apart from various conservation and preservation operations, ASI officials can also file police complaints, issue show cause notices for the removal of encroachments, and communicate to the local administration the need for demolition of encroachments.

How can a monument go “missing”?

  • The ASI was founded in 1861 by Alexander Cunningham, when he realised the need for a permanent body to oversee archaeological excavations and conservation. But while the body remained largely dysfunctional in the 19th century owing to fund crunch, in the decades preceding Independence, it became very active. A bulk of the protected monuments were taken under the ASI’s wings during the 1920s and 30s, up till the 50s, according to the sources.
  • But in the decades after independence, the focus of successive governments was on health, education and infrastructure, rather than protecting heritage. Even within the scope of heritage, the aim was to uncover more monuments and sites, instead of conservation. So in due course, many monuments and sites were lost to activities like urbanisation, construction of dams and reservoirs, and even encroachments.
  • As per the ASI submission in Parliament, 14 monuments have been lost to rapid urbanisation, 12 are submerged by reservoirs/dams, while 24 are untraceable, which brings the number of missing monuments to 50.
  • The agency told the Parliamentary committee that security guards were posted at only 248 of the 3,693 monuments. “The committee notes with dismay that out of the total requirement of 7,000 personnel for the protection of monuments, the government could provide only 2,578 security personnel at 248 locations due to budgetary constraints”.

VALUE ADDITION:
Ancient Monuments and Archaeological Sites and Remains Act, 1958

  • The AMASR Act provides for preservation of ancient and historical monuments and archaeological sites and remains of national importance.
  • It provides for the regulation of archaeological excavations and for protection of sculptures, carvings and other like objects.
  • The Archaeological Survey of India functions under the provisions of this act.
  • The Act prohibits construction in ‘prohibited area’, an area of 100 meters around protected monument.
  • It does not permit construction in such prohibited areas even if it is for public purposes, except under certain conditions.
  • The central government can extend the prohibited area beyond 100 meters.
  • The iconic monuments in India, Taj Mahal, Ajanta Caves, The Great Stupa at Sanchi and the Sun Temple of Konark, among others are designated as “ancient monuments of national importance” and protected under the AMASR Act. The Archaeological Survey of India is the custodian of these monuments.
  • National Monument Authority will make a recommendation, for construction of public works to the central government, only if it is satisfied that there is no reasonable possibility of moving the construction outside the prohibited area.

INTERNATIONAL RELATIONS

3. INDIA-FRANCE STRATEGIC DIALOGUE

TAGS-GS-II-INTERNATIONAL RELATIONS

THE CONTEXT: The 36th India-France dialogue will record a forward movement with French President Emmanuel Macron committed to support India for developing advanced military industrial complex.

THE EXPLANATION:

HIGHLIGHTS OF THE DIALOGUE
Aircraft Engines and Submarines

  • One area where India is seeking French assistance is in the manufacturing of aircraft engines. India is looking for a transfer of technology to enable it to make engines for its indigenous twin-engine fighter, as well as the design and development of next-generation military and civilian engines for future fighter and transport platforms. The Tata group has already teamed up with Airbus to manufacture C295 tactical transport aircraft in Gujarat, and this partnership is set to be expanded to include the production of other civilian and military aircraft through a joint venture with France.
  • In addition to aircraft engines, India is also interested in continued French assistance with the production of submarines. The Kalvari (French Scorpene) class submarine line is set to deliver its final submarine this year, and India is hoping that France will help to continue the manufacturing line at Mumbai Dockyards. The plan is to retrofit diesel attack submarines with indigenous air independent propulsion (AIP) systems for long endurance. It is expected that progress will be made on both aircraft engines and long-range submarines during this year’s strategic dialogue with France.

Indo-Pacific Security and Space Cooperation

  • Another key topic of discussion during the strategic dialogue will be the Indo-Pacific region, where France is ready to help India with ocean bed mapping and the development of underwater drones and sensors.
  • With the People’s Liberation Army (PLA) of China becoming increasingly aggressive in the Indo-Pacific, and rapidly expanding its warship and nuclear submarine force, India and its allies must be prepared for any eventualities in the Indian Ocean, which is fast becoming a new frontier. In order to ensure maritime domain awareness and security from the east coast of Africa to the far Pacific, India and France have formed a trilateral group with the United Arab Emirates (UAE).
  • In addition to security in the Indo-Pacific, India and France are also working together in the field of space technology, sharing knowledge in an effort to counter China’s rapid strides in this area.

Terrorism and Regional Stability

  • During the strategic dialogue, Bonne will also be briefed by Doval on the posture of the PLA along the 3488 km Line of Actual Control (LAC) between China and India, and the two leaders will discuss ways to bring both Russia and Ukraine to the negotiating table to end the conflict that began in February 2022.
  • Another topic of discussion will be the issue of radicalization in the region, particularly in the Af-Pak region, in the wake of the rise of the Taliban, as well as terrorism emanating from Pakistan and targeting India, as seen in the recent terrorist attacks in Rajouri by the Pakistan-based Lashkar-e-Tayebba (LeT) group.

ENVIRONMENT & ECOLOGY

4. SILENT VALLEY BIRD SPECIES GOES UP TO 175

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT: Recently, a bird survey conducted at the Silent Valley National Park in the December 2022 identified 141 species, of which 17 were new.

THE EXPLANATION:

  • This year’s survey marked the 30th anniversary of the first bird survey in Silent Valley. Brown wood owl, Banded Bay cuckoo, Malabar woodshrike, White-throated kingfisher, Indian nightjar, Jungle nightjar, and Large cuckooshrike were among the 17 species newly identified in the Silent Valley.

Silent Valley National Park:

  • It is a beautiful representation of the last remaining rainforest of Kerala. The forests of the Silent Valley National Park harbour some of the most pristine, unique and highly productive forests in the world.
  • Silent Valley is located in the Southwestern corner of Nilgiris.
  • A perennial river named Kunthipuzha is passing through the western side of the park, from north to south direction finally merging into Bharathapuzha.
  • Fauna: Silent Valley Park is known for many highly endangered species such as lion-tailed macaque, tiger, gaur, leopard, wild boar, panther, Indian Civet and Sambhar.
  • The indigenous tribal groups that live within park boundaries include Irulas, Kurumbas, Mudugas and Kattunaikkars.

GOVERNMENT SCHEMES AND INTERVENTION

5. TELANGANA JOINS FREE RICE SCHEME

TAGS: GS-II-GOVERNMENTS SCHEMES & INTERVENTIONS

THE CONTEXT: The Telangana government has recently made the decision to join the free rice scheme of the Central government under the National Food Security Act (NFSA).

THE EXPLANATION:

  • This initiative aims to provide assistance to families in need by distributing free rice to those who are eligible under the NFSA. The Telangana government’s decision to join this scheme demonstrates a commitment to addressing issues of food security and poverty in the state.
  • The Central scheme envisages the supply of five kilograms of rice per person per month to 54.44 lakh NFSA cardholders in the state. However, the Telangana government will extend this benefit to an additional 35.52 lakh cardholders, at its own cost.
  • Previously, both types of cardholders were receiving free rice under the Prime Minister’s Garib Kalyan Anna Yojana, which is a part of the Public Distribution System (PDS). The Central government used to supply this rice at a subsidized price of ₹3 per kilogram. However, the Telangana government added its own subsidy of ₹2 per kilogram and distributed the PDS rice for only ₹1 per kilogram.

Uncertainty Surrounding Amount of Rice Supplied

  • It is currently unclear whether the state government will continue to supply six kilograms of rice per person per month, as it did under the PMGKA, or if it will restrict this amount to the five kilograms specified under the NFSA.
  • The Telangana government has made the decision to join the free rice scheme of the Central government under the National Food Security Act in order to provide assistance to families in need. Although there is some uncertainty surrounding the amount of rice that will be supplied, the state government is committed to distributing free rice to all cardholders starting on January 5, 2022.

About PMGKAY

  • In March 2020, during the initial phase of the COVID-19 pandemic, the central government had announced the Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY) welfare scheme. Initially, the scheme was planned for a period of 3 months but since then, it has been extended several times.
  • This scheme looked to provide every individual covered under the National Food Security Act, 2013 (NFSA) with an additional 5 kg of grains (rice or wheat) free of cost, along with the 5 kg of subsidized food grain that is already being provided through the country’s Public Distribution System (PDS). It covers people belonging to Below Poverty Line – Antyodaya Anna Yojana (AAY) and Priority Households (PHH) categories.
  • It also covers other vulnerable people like widows, terminally ill, elderly, landless agricultural labourers, primitive tribe households, informal sector workers etc. More than 81.35 crore people are benefiting from this scheme. Wheat has been allocated for 6 states and union territories and rice has been provided for the rest. This supplements the monthly entitlements under the NFSA.

Connect the Dots:

  • National Food Security Act (NFSA)
  • What is the difference between Central sector schemes and Centrally sponsored schemes