POLITY AND GOVERNANCE

1. NATURAL JUSTICE AND PRINCIPALS OF PROPORTIONALITY

TAGS: GS-II- POLITY AND CONSTITUTION

THE CONTEXT: A recent ruling of the Supreme Court brought out the issues of Natural Justice and Proportionality to the surface.

THE EXPLANATION:

Natural justice is also known as universal justice, substantial justice, or fair play in action.

 It is an essential concept of divine law, which is based on the law of equity.

Principles of Natural Justice:-

The main principles of natural justice are based on these two legal maxims:

• Nemo judex in causa sua – It means no one shall be a judge in his own case.
• Audi alteram partem – It means both parties/sides must be heard. No man should be condemned unheard.

Prerequisites of Natural Justice:-

• Absence of bias, interest, or prejudice: the judge should be neutral, impartial, and free from bias is the first and foremost prerequisite of natural justice.

Types of Bias:

• Pecuniary bias – It concerns a financial interest in the subject matter.
• Personal bias – A judge may be a relative, friend, or associate of a party.
• Official bias – When a judge has a general interest in the subject matter.

Maneka Gandhi vs Union of India, 1978

• It is well established in the case that even when there is no specific law or provision in a statute or rules made for showing cause against the action made, which affects the right of any individual, the duty to give a reasonable opportunity to be heard will be implied from nature.
• The principles of natural justice are not only binding on all courts but also on judicial bodies and quasi-judicial authorities.

Exceptions to the Principle of Natural Justice:-

• Where a statute or act expressly excludes or a particular provision of it excludes the applicability of the rule.
• Where the action is legislative in nature.
• Where the doctrine of necessity applies.
  • Doctrine of necessity applies: If a decision is to be made urgently on shorter notice, then the rule may be excluded.
• Where facts are admitted or undisputed, then there is no need to call the party again for readmitting the admitted facts. The court can proceed further with admissions made.
• Where an enquiry is confidential, then there can be ignorance of the principles of natural justice.
• Where preventive action is to be taken.
  • For example section 144 CrPC, where immediate action is required, and no reasonable or due time can be given to the other party.
• Where urgent action is necessary for a government policy decision.

Principals of Proportionality:-

• The principle requires that the decision or action must be proportionate to the objective it seeks to achieve.
• It means employed to achieve the objective must be no more than necessary to achieve it, and the harm caused by the decision or action must not be excessive in relation to the benefit gained.
• The validity of the claim of involvement of national security considerations must be assessed on the test of whether there is material to conclude that the non-disclosure of information is in the interest of national security.
• Courts can assess the validity of public interest immunity claims based on the “structured proportionality standard”.

SOCIAL ISSUES

2. WHAT IS HIKIKOMORI?

TAGS: GS-II- SOCIAL ISSUES

THE CONTEXT: A new phenomenon of Isolation known as ‘Hikikomori’ or ‘Shut-ins’ is rapidly spreading in Japan – leading to nearly 1.5 million Japanese people of working age living as social recluses, revealed by a government survey. According to the survey, around a fifth of the isolation cases have been cited to the Covid-19 pandemic.

THE EXPLANATION:

About Hikikomori:

• The term Hikikomori was coined in Japan in the 1990s to describe young adults who had withdrawn from society and remained isolated in their homes for extended periods.
• It is not recognized as a clinical diagnosis but is rather a social phenomenon that affects people of all ages.

What is the factor behind Isolation?

• Several factors have contributed to the high prevalence of hikikomori in Japan. The country’s highly competitive and demanding education system is one of the key factors. Many young people in Japan face intense academic pressure to succeed in school and secure good jobs, leading to high levels of stress and anxiety.
• As per government survey, the most common reason respondents gave for their social withdrawal was “quitting jobs”. This was closely followed by the pandemic, which was cited as the main reason by 18 percent of recluses aged 15-39 and 20 percent of those aged 40-64.
• The traditional Japanese family structure has also played a role. In Japan, there is a strong emphasis on filial piety or respect for one’s parents and elders. This has led to a culture in which children often feel a sense of obligation to care for their parents in old age, which can cause feelings of guilt and anxiety.
• Additionally, Japan’s work culture is notorious for being intense and all-consuming. Long working hours, high levels of stress, and limited opportunities for career advancement can cause burnout and contribute to the prevalence of hikikomori.

What are the Consequences of Hikikomori?

• The consequences of hikikomori can be severe, both for individuals and for society as a whole. Hikikomori can lead to social Isolation, a lack of employment opportunities, and financial hardship. It can also result in mental health issues such as depression and anxiety disorders.
• The Japanese government has recognized the problem of hikikomori and has implemented several initiatives to address it. These initiatives include counselling services, support groups, and financial assistance for individuals and families affected by hikikomori.

HEALTH ISSUES

3. SQUIRRELPOX VIRUS IN WALES

TAGS: GS-II- HEALTH ISSUES

THE CONTEXT: Red squirrels are one of Britain’s most iconic species, and yet, they are under threat from a virus that causes a fatal disease known as squirrelpox. The virus is thought to have originated in North America and was accidentally introduced to the UK by grey squirrels. It is a major threat to the red squirrel population in Wales, where numbers have declined dramatically in recent years.

THE EXPLANATION:

• Grey squirrels are the usual carriers of SQPV (Squirrelpox virus), and although they are immune to the disease, they can still spread the virus to red squirrels through physical contact or contaminated food sources.

Anecdotal Evidence of Resistance

• Despite the devastating effects of the virus, there is some good news. There is anecdotal evidence to suggest that some red squirrels have developed resistance to squirrelpox.
• In Cumbria, there have been reports of healthy red squirrels with antibodies to the virus, which indicates that they have survived an infection and built up immunity.

Impact of Squirrelpox on Red Squirrels

• Squirrelpox has a mortality rate of 100% for untreated infected squirrels in the wild, and infected squirrels typically die within four to five days.
• The virus causes cuts, blisters, and growths on the skin, which can be painful and debilitating for the squirrels. Once infected, red squirrels can take up to three weeks to die.

Efforts to Protect Red Squirrels

• There have been calls for the Welsh government to fund vaccine research to protect red squirrels from squirrelpox. A petition signed by nearly 11,000 people was submitted to the government, but so far, no action has been taken. Despite this, there are still efforts being made to protect red squirrels in Wales.

Restoring Red Squirrels in Ceredigion

• A project is underway to restore red squirrels in Ceredigion, where numbers remain small. The project involves trapping grey squirrels and replacing them with red squirrels in the hope that the red squirrel population will grow. However, this project is only one of many, and more work needs to be done to protect red squirrels in other parts of Wales.

SCIENCE AND TECHNOLOGY

4. EXTENDED RANGE ANTI SUBMARINE ROCKET (ER-ASR)

TAGS: GS-III- SCIENCE AND TECHNOLOGY

THE CONTEXT: Recently, the Extended Range Anti-Submarine Rocket (ER-ASR) was successfully test-fired for the first time.

THE EXPLANATION:

About Extended Range Anti-Submarine Rocket:-

• The ER-ASR was designed by the Pune-based Armament Research and Development Establishment (ARDE) and the High Energy Materials Research Laboratory (HEMRL) of the DRDO.
• It is designed to intercept submarines at specific depths.
• Its rocket system will be deployed in anti-submarine operations.
• It will be fired from an indigenised rocket launcher mounted onboard various Indian naval ships.
• ER-ASR can be fired in single or in salvo mode depending on the tactical mission requirements.
• The maiden successful test from the ship is a step towards enhancing the capability of the Indian Navy in anti-submarine warfare and towards achieving ‘AtmaNirbharta’ in defence.
• ER-ASR has been designed to replace the existing Russian-origin Rocket Guided Bombs (RGBs) which are already fitted in ships.
• While the RGB has a range of five kilometres, the ER-ASR can achieve a range of over eight kilometres.

PLACES IN NEWS

5. IZU-OGASAWARA TRENCH

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT: The Izu–Ogasawara Trench is an oceanic trench located in the western Pacific Ocean. It is known for being one of the deepest points in the world’s oceans. Here, the deepest ever fish was filmed, breaking the previous record of filming a fish swimming in the Mariana Trench.

THE EXPLANATION:

Depth and Location

• The Izu–Ogasawara Trench is also known as the Izu–Bonin Trench. It is some 9,780 meters (32,087 feet) deep. This oceanic trench is an extension of the Japan Trench and is composed of two trenches: the Izu Trench, located in the north, and the Bonin Trench, located in the south, west of the Ogasawara Plateau.
• The Izu–Ogasawara Trench is located in the western Pacific Ocean, southeast of Japan. It runs parallel to the Mariana Trench, which is the deepest point in the world’s oceans at approximately 10,935 meters (35,876 feet) deep.

Marine Life in the Trench

• Despite the extreme depths of the Izu–Ogasawara Trench, unique marine life has been found in this region. In 2019, the Minderoo-UWA Deep Sea Research Centre led a two-month expedition to explore the trench’s depths. During the expedition, the deepest fish ever caught on camera was filmed swimming at a depth of 8,336 meters (27,373 feet) in the trench. This juvenile snail fish is one of only two fish that have been collected from a depth greater than 8,000 meters.
• The slightly warmer water in the Izu–Ogasawara Trench is believed to be responsible for the survival of fish at such extreme depths. Scientists have also discovered other unique marine life forms in the trench, including the Xenophyophore Occultammina, which was first discovered at a depth of 8,260 meters (27,100 feet).

Significance of the Trench

• The Izu–Bonin–Mariana Arc system, which includes the Izu and Bonin Islands, is created by the subduction of the Pacific Plate beneath the Philippine Sea Plate in the Izu–Ogasawara Trench. This process is responsible for creating the unique geological features and marine life in the region.
• The Izu–Ogasawara Trench is also significant for its research potential. Professor Jamieson, the founder of the Minderoo-UWA Deep Sea Research Centre, led the expedition to the trench in 2019 to study the effects of extreme ocean depths on marine life. The research conducted in this trench can help us understand more about the ocean’s depths and the unique ecosystems that exist in these extreme environments.

THE CONTEXT: A five-judge SC bench decided to modify the 2018 rules for advance medical directives to make them more workable and simpler. Earlier, in 2018 Supreme Court granted legal status to the concept of advance medical directives and allowed passive euthanasia to recognize patient autonomy and the right to a dignified death. In this regard, this article will analyze the concept of advanced medical directives and related issues by comparing earlier and recent judgement of the Supreme Court on the issue.

WHAT IS AN ADVANCE MEDICAL DIRECTIVE?

• Advance directives are legal documents extending a person’s autonomy and control over their healthcare decision if they become incapacitated.
• These directives enable individuals to communicate preferences regarding medical treatment, end-of-life care and other aspects of care, as well as designate a surrogate decision-maker ahead of time before being incapacitated.
• It ensures that the wishes of the executor are honoured, even when they are incapable of making a decision or their decision-making capacity is severely impaired.

There are 2 primary types of advance directives:

• Living will: A living will is a limited document that expresses a person’s preferences for their medical treatment and care, normally in connection with end-of-life health care decisions.
• Durable power of attorney for health care: It designates a surrogate decision maker. In a durable power of attorney for health care, one person (the principal) names another person (the agent, proxy, health care representative, or surrogate, depending on the state) to make decisions about health care and only health care.

2018 JUDGMENT OF SUPREME COURT ON ADVANCE DIRECTIVE

• In March 2018, a Constitution Bench of the Supreme Court recognized the right to die with dignity as a fundamental right under Article 21.
• It has the legalized concept of advance medical directives and “passive euthanasia”, subject to stringent safeguards, which includes ending life-sustaining treatment for terminally ill patients.
• It was seen as a vital recognition of both patient autonomy over end-of-life decisions and the right to a dignified death.
• It also laid down guidelines for terminally ill patients to enforce the right, through an advance medical directive or living will, a legal document that details a person’s wishes for future medical procedures.
• However, doctors later found that some of the specific directions turned out to be obstacles and guidelines and the cumbersome procedures laid down by the Court made it difficult for these patients to execute a living will.

RECENT JUDGMENT OF THE SUPREME COURT ON ADVANCE DIRECTIVE

• The recent verdict came after a PIL filed by NGO Common Cause seeking recognition of the “living will” made by terminally ill patients for passive euthanasia.
• The Constitution Bench of the Supreme Court issued a judgment in Common Cause v. Union of India And Anr seeking modification of the guideline or Living Will/Advance Medical Directive. Modifications were sought under three broad parameters – contents, method of recording and implementation of advance directive.
• The top Court had said that it will not review its 2018 judgment on passive euthanasia and it is up to legislature to enact a law for terminally ill patients wanting to stop treatment and will only make the guidelines on “living will” more workable.
• The Court had laid down principles related to the procedure for execution of advance directives and spelt out guidelines and safeguards to give effect to passive euthanasia in both circumstances where there are advance directives and where there are none.
• Based on an application filed by the Indian Society for Critical Care Medicine (ISCCM), the apex court’s modification of the procedure has made the “right to die with dignity” more accessible and less bureaucratic.
• During the course of the hearing, it was made abundantly clear that the directions issued by the Court are to be in effect only till the law is enacted in the field.

COMPARISON OF BOTH THE JUDGMENT

ROLE OF JUDICIAL MAGISTRATE OF FIRST CLASS

2018 judgment

2023 judgment

Countersign of the jurisdictional judicial magistrate of first class was required. The officer was further required to record and preserve the document.

It is sufficient for an advanced directive to be attested before a notary or a gazetted officer. The requirements for it to be countersigned or presereved by a judicial magistrate have been dispensed with.

ROLE OF DISTRICT COURT REGISTRY

The judicial magistrate was required to forward a copy of the document to the registry of the jurisdictional district court, which would have to retain the document in its original format.

This requirement has been deleted.

PRELIMINARY OPINION

A medical board, comprising the head of the department, and at least three experts from the fields of general medicine, cardiology, neurology, nephrology, psychiatry or oncology with experience in critical care and with overall standing in the medical profession of at least twenty years, had to be constituted.

A primary medical board, consisting of the treating physician and at least two subject experts of the concerned speciality with at least five years’ experience, will be constituted. This board will form a preliminary opinion preferably within 48 hours of the case being referred to it

WITHDRAWAL OF TREATMENT

The decision of the medical board constituted by the collector had to be conveyed by the chairman, i.e., the chief district officer, to the judicial magistrate, who would then authorize the withdrawal of treatment after visiting the executor at the earliest and examining all aspects.

It is sufficient for the hospital to simply convey the decision of the primary and secondary medical boards and the consent of the person or persons named in the advance directive to the judicial magistrate before giving effect to the decision to withdraw the medical treatment administered to the executor. It is no longer necessary to wait for the judicial magistrate’s authorization.

REFUSAL BY FIRST MEDICAL BOARD

If the hospital medical board took a decision not to follow an advance directive, it had to make an application to the medical board constituted by the collector for considering and passing appropriate directions with respect to the document.

If the primary medical board takes a decision not to follow an advance directive, the nominees of the executor can request the hospital to refer the case to the secondary medical board for consideration and for passing appropriate directions.

APPEAL BEFORE THE HIGH COURT

If permission to withdraw treatment being administered to the executor was denied by the medical board, it would be open to the executor, his nominee, the treating physician, or the hospital staff to file a writ petition at the jurisdictional High Court.

If permission to withdraw treatment being administered to the executor is denied by the secondary medical board, it is open to the nominees of the executor, the treating physician, or the hospital staff to file a writ petition at the jurisdictional High Court.

ANALYSIS OF THE JUDGEMENT

• Less Cumbersome Process: Supreme Court agreed to make this process less cumbersome by modifying the existing guidelines. A magistrate will no longer play a role in the execution and implementation of an advance directive. The Court also simplified the composition of the medical boards that must determine whether life-support systems can be withdrawn. Further, it set time limits for these boards to take such decisions.
• Real time implementation: There is consensus that the guidelines have become significantly less unwieldy, thereby enabling them to be implemented in real-time situations.
• Protection of fundamental rights: The judgement ensured the Court’s Constitutional obligation to protect the rights of the citizens as enshrined under Article 21 of the Constitution.
• Need of legislation by Parliament: While such guidelines are useful and necessary to implement the concept of a ‘living will’ and advance medical directives, it is time for Parliament to come out with a comprehensive law. Such a law could also provide for a repository of advance directives so that the need to ascertain afresh its genuine nature does not arise at the time of its implementation.
• Issue of ‘’Mind over Body’’: Another dimension arose of issue of mind over body as the Court pointed to the case of renowned physicist Stephen Hawking, who despite the daunting diagnosis of amyotrophic lateral sclerosis, lived till 76 years. Formula One race car driver Michael Schumacher, who is reportedly in a coma for years after a skiing accident, may again wake up.
  Court said there have been cases of “mind over body” and expressed its concern over the issue.

SITUATION IN WORLD REGARDING ADVANCE DIRECTIVE

The techniques and quality standards being used in advance medical directives are comparable in all Western countries. However, each state and country has their own way of dealing with the issue.

UNITED KINGDOM

UK considers the passive euthanasia as illegal and equivalent to manslaughter and does not promote this.

UNITED STATES OF AMERICA

USA has different laws in different states. While some states do not allow for euthanasia and on the other hand, euthanasia is allowed in some states like Washington, Oregon, and Montana. Advance Directive came in the year 1997, in Oregon for the first time a person’s right to end his life was recognized in law.

CANADA

Canada had announced that euthanasia and assisted dying would be allowed for mentally ill patients, however, the decision has been widely criticized.

SWITZERLAND

Switzerland has banned euthanasia but allows assisted dying in the presence of a doctor or physician.

BELGIUM

Belgium allow both euthanasia and assisted suicide (active euthanasia) for anyone who faces “unbearable suffering” that has no chance of improvement.

ISSUES RELATED TO ADVANCE DIRECTIVE

• Execution of the advance directive: The issue arise is related to proper execution of living will as in the advance directive is that no one, not even his next of kin, can force him to put on a ventilator which makes execution of living will very cumbersome.
• Multiple stakeholders: Another issue raised in the involvement of multiple stakeholders in the procedure which makes the process unworkable.
• Implementation of the Directive with reference to future advancements: There is a concern that if a person signs an advance directive today, but when the person is actually afflicted with the disease, there are there are huge advancements in the field of medical sciences and the disease becomes curable and in that case if a person is permitted to refrain from getting treated even when the disease is curable it might be so that they are devaluing the value of life itself.
• Definition of terminal illness: Real challenge lies in defining terminal illness. The ‘definition of terminal illness’ is a grey area in the whole debate of euthanasia. The Second grey area is the ‘definition of death’.
• Issue of privacy and dignity: As advance medical Directive is to be executed in the presence of two attesting witnesses, preferably independent, and countersigned by a Judicial Magistrate of the First Class. This raises the issue of privacy and dignity, which is likely to discourage ordinary citizens from executing advance medical directives.

THE WAY FORWARD

• Death literacy and awareness: Experts believe that there is a need of “death literacy” and awareness among people that will enable them to exercise their right to take charge of their last day.
• Need to be written in a standardized way: Advance medical directives or living wills need to be written in a fairly standardized way so that it does not appear vague and is easy to execute and understandable to ordinary citizens.
• Need of Flexibility: At the same time, the advance directive needs to be flexible in approach, so that medical decisions at critical times can be taken on case to case basis.
• Removal of uncertainty: Common Cause emphasized that these clarifications/ modifications are necessary to remove the uncertainty regarding the withholding or withdrawal of life-sustaining treatment that currently prevails throughout the medical community in India.
• Effective and workable implementation: It is necessary to ensure that the processes for the withholding or withdrawal of life-sustaining treatment are workable and give effect to the tenets of the Supreme Court’s judgment, that is, the right to refuse life-sustaining treatment and to die with dignity.

THE CONCLUSION: There is a need to recognize these documents and encourages their use as a simple legal tool by which people can express their wishes and have them honored. However, formal advance directives are not the only means of expressing such wishes. Both common law and constitutional principles are needed to direct that any authentic, clear expression of patients’ wishes should be honoured if within the scope of generally accepted medical standards.

MAINS QUESTIONS

1. Supreme Court’s recent judgement legalized the concept of advance medical Directive. How it ensured a person’s autonomy and control over their healthcare decision?
2. The right to die with dignity is recognized as a fundamental right in India under Article 21. Explain and compare it with the situations in other countries around the world.

GEOGRAPHY

1. PINEAPPLE EXPRESS PHENOMENON

TAGS: PRELIMS PERSPECTIVE-GS-I-GEOGRAPHY

THE CONTEXT: Over the past two weeks, California and other parts of the West Coast have been hit with a series of what meteorologists call atmospheric rivers.

THE EXPLANATION:

What is atmospheric river?

• These are the long, narrow regions in the atmosphere that transport most of the water vapor outside the tropics.
• These columns of vapor move with the weather, carrying an amount of water vapor roughly equivalent to the average flow of water at the mouth of the Mississippi River. When the atmospheric rivers make landfall, they often release this water vapor in the form of rain or snow.
• Although atmospheric rivers come in different shapes and sizes, for one to be a “true Pineapple Express,” location matters. The tail end, where the moisture is pulled into the atmosphere, must start near Hawaii. Then the river must stretch continuously through the atmosphere to the U.S. West Coast.
• Between 30% and 50% of the annual precipitation on the West Coast occurs from just a few atmospheric river events, according to the NOAA (National Oceanic and Atmospheric Administration) US Govt agency.

Where do they occur?

• They can occur anywhere across the world but they are most dominant over the West coast of Northern America taking up the moisture from Pacific ocean.
• They also occur at the eastern United States, where they often channel moisture from the Caribbean.

Consequences:

• Positive: They bring much desired rainfall to the coastal areas which in turn is beneficial for economic activities like agriculture, transportation, fisheries and water supplies etc.
• Negative: High intensity atmospheric rivers lead to torrential rainfalls, flash floods, landslides, snowfall, sheet erosion and strong winter storms.

POLITY AND GOVERNANCE

2. DEFAULT BAIL

TAGS: PRELIMS PERSPECTIVE-GS-II-POLITY AND CONSTITUTION

THE CONTEXT: Recent, the Supreme Court said that grant of default bail will not operate as an absolute bar to canceling it once the charge sheet is filed and the same can be considered if a strong case is made out.

THE EXPLANATION:

What is a Default bail?

• Also known as statutory bail, this is a right to bail that accrues when the police fail to complete investigation within a specified period in respect of a person in judicial custody.
• This is enshrined in Section 167(2) of the Code of Criminal Procedure (CrPC) where it is not possible for the police to complete an investigation in 24 hours, the police produce the suspect in court and seek orders for either police or judicial custody.
• Under Section 167(2) of the Code, a Magistrate can order an accused person to be detained in the custody of the police for 15 days. Beyond the police custody period of 15 days, the Magistrate can authorize the detention of the accused person in judicial custody i.e., jail if necessary. However, the accused cannot be detained for more than:

ninety days, when an authority is investigating an offense punishable with death, life imprisonment or imprisonment for at least ten years; or sixty days, when the authority is investigating any other offense.

• In some other special laws like Narcotic Drugs and Psychotropic Substances Act, this period may vary. For eg: In Narcotic Drugs and Psychotropic Substances Act, the period is 180 days.
• At the end of this period, if the investigation is not complete, the court shall release the person “if he is prepared to and does furnish bail”. This is known as default bail.

Principles:

• It is a right, regardless of the nature of the crime.
• The stipulated period within which the charge sheet has to be filed begins from the day the accused is remanded for the first time.
• It includes days undergone in both police and judicial custody, but not days spent in house-arrest.
• A requirement for the grant of statutory bail is that the right should be claimed by the person in custody.
• If the charge sheet is not filed within the stipulated period, but there is no application for bail under Section 167(2), there is no automatic bail.
• Once the accused files an application for bail under Section 167(2), it is considered that he/she has enforced the right to be released on default bail.
• This right only comes into place after the stipulated time limit for investigation has expired.
• If the accused fails to apply for default bail after the investigation time period has expired, and the investigating agency files a charge-sheet or seeks more time before the accused makes such an application for default bail, then the right of default bail is no longer applicable.
• The Magistrate can then grant further time for completion of the investigation. However, the accused may still be released on bail under other legal provisions of the Code.

Default Bail as Fundamental Right:

The Supreme Court while hearing an appeal regarding default bail said that default bail under first proviso of Section 167(2) of the Cr.P.C. is a fundamental right and not merely a statutory right as it is, a procedure established by law under Article 21 of the Constitution.

ECONOMIC DEVELOPMENTS

3. DUTY DRAWBACK SCHEME (DDS)

TAGS: PRELIMS PERSPECTIVE-GS-III-ECONOMY

THE CONTEXT: Recently the GST authorities found that exporters are misusing the government’s duty drawback scheme (DDS) by claiming it along with refunds of integrated goods and services tax (GST).

THE EXPLANATION:

Duty Drawback Scheme: Customs Act 1962

The duty drawback scheme allows exporters to get a refund on customs duties paid on imported products that:

• Are used or incorporated in other products for export
• Remain unused since importation

All the provisions in this scheme are described under Section 74 and Section 75 under the Customs Act, 19621.

As stated in these sections, the following conditions must be met to be able to claim duty drawback:

• If the imported goods are re-exported within two years from the date of payment of duty on the importation, then exporters can claim 98% of the duty paid.

To be able to claim duty drawback, the following aspects should be considered:

• Products being exported must be different from inputs
• Inputs refer to imported goods on which customs and taxes have been paid
• Products utilized in making the goods for export must have undergone a physical change
• Number of inputs utilized in processing export products per piece must not be uniform

The government fixes a rate of drawback (for different types of goods) to be paid per unit of the final product at the time of exports. This rate depends on how verified the mode of manufacturing, raw materials used, amount of duty paid on inputs and standards of making the final product are.

Duty drawback might not be allowed under the following conditions:

• Export value of products is less than the value of imported products.
• If the sale of finished products is not received by the exporter within the allowed time, then drawback shall be deemed by the government.

ENVIRONMENT AND ECOLOGY

4. NEW DUST CONTROL TECHNOLOGY

TAGS: PRELIMS PERSPECTIVE-GS-III-ENVIRONMENT

THE CONTEXT: Recently, Central Mine Planning and Design Institute Limited (CMPDIL) invented method for Controlling Generation and Movement of Fugitive Dust.

THE EXPLANATION:

• It aims to minimize and control the fugitive dust in mining areas.
• Useful in Coal Mines, Thermal Power Plants, Railway Sidings and Ports
• It will help in reducing the dust generation from open sources.
• it will provide noise attenuation.
• Fugitive dust is a type of particulate matter that causes air pollution because it is produced by many sources but is released into the atmosphere without passing through a confined flow stream.

VALUE ADDITION:

About Central Mine Planning and Design Institute Limited (CMPDIL):

• CMPDIL is a Government of India enterprise having its corporate headquarters at Ranchi in India.
• It is a fully owned subsidiary of Coal India Limited (CIL) and a Schedule-B company.
• It is a Mini Ratna (Category I) company since June 2019 and ISO 9001 certified since March 1998.
• In January 1974, CMPDI started functioning as a division of the then recently constituted Coal Mines Authority Limited (CMAL), and the planning wing of erstwhile National Coal Development Corporation (NCDC) forming its nucleus.
• In November 1975, CMAL was merged to form Coal India Limited, and CMPDI attained the status of a public limited company under CIL with declared scope of its business under its Memorandum of Association broadly in line with its original proposal.

SCIENCE AND TECHNOLOGY

5. SHUKRAYAAN-1

TAGS: PRELIMS PERSPECTIVE-GS-III- SPACE TECHNOLOGY

THE CONTEXT: An advisor to the space science programme recently said that the Indian Space Research Organisation is yet to receive approval from the Indian government for the Venus mission and that the mission could as a result be postponed to 2031.

THE EXPLANATION:

About SHUKRAYAAN-1?

• It is also called the Venus Mission.
• The Shukrayaan I mission will be an orbiter mission.
• Its scientific payloads currently include a high-resolution synthetic aperture radar and a ground-penetrating radar.
• The mission is expected to study Venus’s geological and volcanic activity, emissions on the ground, wind speed, cloud cover, and other planetary characteristics from an elliptical orbit.
• Optimal launch windows from Earth to Venus occur once every 19 months.

About Venus

• Venus is often called “Earth’s twin” because they’re similar in size and structure, but Venus has extreme surface heat and a dense, toxic atmosphere.
• It rotates very slowly on its axis – one day on Venus lasts 243 Earth days.
• The thick atmosphere of Venus traps heat creating a runaway greenhouse effect – making it the hottest planet in our solar system.
• Phosphine, a possible indicator of microbial life, has been observed in the clouds of Venus.
• Unlike the other planets in our solar system, Venus spins clockwise on its axis.