AMIGOS IAS Daily Current Affairs (26^th August 2024)

Need of sanction for prosecution

GS 2: Polity and Governance: Sanctioning to prosecute

Why is it in the news?

• The issue of prosecuting a public servant has emerged again with Karnataka Governor Thawar Chand Gehlot’s approval to investigate and potentially prosecute Chief Minister Siddaramaiah over alleged irregularities in compensatory land allotments for his wife.
• This has raised legal and constitutional questions, leading the Karnataka High Court to delay consideration of private complaints against him.

More about the news

• The need for sanction to prosecute a public servant arises from legal provisions aimed at protecting officials from unwarranted or malicious legal action. This requirement ensures that public servants are shielded from frivolous lawsuits related to actions taken in their official capacity.
• Specifically, Section 197 of the Code of Criminal Procedure (CrPC) stipulates that no court can initiate proceedings against a public servant without prior sanction from a competent authority. This provision extends to individuals who are or were public servants.
• Similarly, Section 6 of the Prevention of Corruption Act (PCA) also requires sanction for prosecution, although it only applies to actions taken while the public servant was in office. This safeguard is designed to prevent vexatious prosecutions and maintain the integrity of official duties.
• In recent updates, Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaces the CrPC, retains the requirement for sanction. The 2018 amendment to the PCA introduced a provision mandating governmental approval to initiate an investigation.
• Under Section 17A, such approval is needed before beginning an investigation, and Section 19 requires sanction before a court can consider charges related to corruption. These provisions apply to both current and former public servants, reflecting a continued emphasis on ensuring that prosecutions are carefully vetted.
• When it comes to high-ranking officials like Chief Ministers, the role of the Governor in granting sanction becomes more complex. Traditionally, sanctions for prosecution of public servants are granted by the State or Central government, depending on the employment context.
• However, in the case of a Chief Minister, the Governor, who has the power to dismiss the Chief Minister, is viewed as the appropriate authority for granting such sanction.
• Judicial precedents indicate that the Governor should act independently in such cases. For example, in the case of A. R. Antulay, the Supreme Court ruled that the Governor must exercise discretion and not merely act on the advice of the Council of Ministers when considering sanction for prosecuting a Chief Minister.
• Moreover, Judicial decisions have reinforced this principle. In a Madhya Pradesh case involving corruption charges against two Ministers, the Council of Ministers found no evidence against them, despite the Lok Ayukta’s report confirming the charges. The Governor, however, disagreed with the Ministry’s conclusion and granted sanctions for prosecution, citing sufficient evidence.
• In the 2004 case of Madhya Pradesh Special Police Establishment vs. State of MP, the Supreme Court deemed the Council’s decision “irrational” and supported the Governor’s choice to act independently.
• The Court stated that in cases where the Council’s decision appears biased or irrational, the Governor is justified in using their discretion to grant sanction. This ensures that the Governor’s discretion serves as a check against potentially unjust or biased decisions by the Council of Ministers.

Unified Pension Scheme

GS 3: Economy: Pension Scheme

Why is it in the news?

• The Centre has announced a new Unified Pension Scheme (UPS), set to take effect from April 1, 2025.
• Former Finance Secretary T.V. Somanathan, who led the committee behind the UPS, stated that the scheme combines the strengths of both the National Pension Scheme (NPS) and the Old Pension Scheme (OPS).
• This new scheme promises government employees an assured pension after retirement, a significant shift from the NPS.

More about the news

• The UPS is designed to address key criticisms of the NPS. It guarantees retirees a fixed pension amounting to 50% of their average basic pay over the last 12 months before retirement, provided they have completed a minimum of 25 years of service.
• For those with shorter service periods, the pension amount is proportionately reduced, down to a minimum of 10 years.
• Additionally, the UPS ensures a minimum pension of Rs 10,000 per month for those retiring after at least 10 years of service. The scheme also provides a family pension of 60% of the retiree’s last drawn pension in case of death.
• Furthermore, the UPS includes dearness relief based on the All-India Consumer Price Index and a lump sum payment upon retirement, calculated as 1/10th of the monthly emolument for every six months of completed service, in addition to gratuity.
• Specifically, it increases the government’s contribution to 18.5% of basic pay, up from 14%, while maintaining the employee contribution at 10%.
• The NPS, introduced on January 1, 2004, replaced the OPS as part of pension reforms aimed at addressing the unsustainable fiscal liabilities of the OPS, which was unfunded and had led to ballooning pension bills.
• Under the OPS, pensions were fixed at 50% of the last drawn basic pay, similar to the proposed UPS, and included Dearness Relief.
• In contrast, the NPS eliminated guaranteed pensions and required employee contributions alongside government matching contributions. It allowed employees to choose from various pension schemes managed by nine different fund managers, resulting in variable returns and employee risk exposure.
• The opposition to the NPS stemmed from its lack of guaranteed returns and the requirement for employee contributions, which were not part of the OPS. To address these issues, Prime Minister Narendra Modi established a committee under T.V. Somanathan in 2023, which after extensive consultations, led to the development of the UPS.
• The UPS will apply to all employees who have retired under the NPS since 2004, with their arrears adjusted accordingly. While employees can choose to remain under the NPS, it is expected that the UPS will be more beneficial in nearly all cases.
• Currently, the UPS is intended for central government employees, though states have the option to adopt it.
• Moreover, fiscal concerns that led to the shift from the OPS to the NPS are also addressed in the UPS. Initial expenditure on arrears is projected at Rs 800 crore in the first year, with an estimated total cost of Rs 6,250 crore.
• The UPS maintains a funded contributory structure, unlike the unfunded OPS, ensuring better fiscal management while providing assured pensions similar to those under the OPS.

NASA’s Tanager-1 satellite to track methane emissions

GS 3: Science and Technology: Space

About the news

• A satellite named Tanager-1, developed through a coalition of companies and organizations including NASA’s Jet Propulsion Laboratory, was launched aboard a SpaceX Falcon 9 rocket from Vandenberg Space Force Base in California to detect major sources of carbon dioxide and methane emissions.
• The Tanager-1 satellite utilizes advanced imaging spectrometer technology developed at the Jet Propulsion Laboratory to monitor these emissions. It works by analyzing hundreds of wavelengths of light reflected off Earth’s surface.
• Different atmospheric compounds, including methane and carbon dioxide, absorb specific wavelengths of light, creating distinct spectral “fingerprints” that the spectrometer can detect. This technology allows researchers to identify and quantify greenhouse gas emissions from individual facilities and equipment on a global scale.
• Tanager-1 will scan approximately 130,000 square kilometres of Earth’s surface daily, with data on gas plumes and their sources made available online. Tracking methane emissions is crucial because methane is a potent greenhouse gas, second only to carbon dioxide in its contribution to global warming.
• The United Nations Environment Programme notes that over a 20-year period, methane is 80 times more effective at warming the atmosphere than carbon dioxide. Additionally, methane contributes to the formation of ground-level ozone, which is harmful to health and linked to around one million premature deaths annually.
• Reducing methane emissions is vital, especially since fossil fuel operations are responsible for about 40% of human-caused methane emissions.

J.S. Verma Committee on death penalty for rape

GS 2: Polity and Governance: Death Penalty for rape

About the news

• Following the brutal rape and murder of a doctor in Kolkata on August 9, 2024, there has been renewed debate on the death penalty for rape.
• The Justice J.S. Verma Committee, established in response to the 2012 Delhi gang rape, had specifically advised against recommending the death penalty for rape, even in rare cases. The committee argued that seeking the death penalty would be a regressive step in the context of sentencing and reformation.
• When the Union Cabinet approved an ordinance on sexual assault in 2013, it did not adopt the committee’s recommendation on the death penalty. The committee, led by retired Justice Verma, submitted its recommendations on January 23, 2013. It suggested that the death penalty does not necessarily deter such crimes, a key point that was overlooked in subsequent legal amendments.
• Instead, the amendments introduced the death penalty for rape that results in the victim’s death or leaves her in a persistent vegetative state (Section 376A of the Indian Penal Code), and for repeat offenders (Section 376E).
• In 2018, further amendments established the death penalty for every participant in a gang rape involving victims under 12 years old (Section 376DB) and life imprisonment for victims under 16 (Section 376DA). The new Bharatiya Nyaya Sanhita also stipulates the death penalty for gang rape of women under 18 (Sections 64, 65, and 70(2)).
• The Verma Committee recommended enhanced sentences for rape, increasing the minimum term from 7 years to up to 20 years or life imprisonment, but excluding the death penalty. It cited evidence suggesting that the death penalty’s deterrent effect on serious crimes is illusory.
• Further, the committee noted that the murder rate in India had declined over 20 years despite fewer executions since 1980.
• Regarding marital rape, the Verma Committee recommended removing the exception that exempts marital rape from criminalization.
• The committee emphasized that marital or any other relationship should not serve as a defense against rape. It endorsed the European Commission of Human Rights’ view that a rapist remains a rapist regardless of his relationship with the victim.
• However, the Union government did not accept this recommendation and chose not to criminalize marital rape. Under the Bharatiya Nyaya Sanhita, Exception 2 of Section 63 states that sexual intercourse by a man with his wife, if the wife is over 18 years old, does not constitute rape.
• On gender rights, the Verma Committee highlighted that women’s empowerment extends beyond political equality to include social, educational, and economic equality. True empowerment, it argued, requires that law and public policy engage substantively with women’s rights, opportunities, and equality.
• The committee also stressed that correcting societal gender biases involves systemic changes in education and societal behaviour, led by societal leaders.

Rajnath Singh visits U.S. Submarine testing facility

GS 2: International Relations: India-US

About the news

• During his visit to the U.S., Defence Minister Rajnath Singh toured the William B. Morgan Large Cavitation Channel (LCC) at the Naval Surface Warfare Centre in Memphis, Tennessee.
• The LCC is one of the world’s largest facilities for testing submarines, torpedoes, naval ships, and propellers. Singh’s visit underscores India’s intent to develop a similar facility to enhance its indigenous design and development capabilities in undersea warfare.
• This visit highlights the growing defense cooperation between India and the U.S., especially in the undersea domain and anti-submarine warfare, areas prioritized by the Quad partnership.
• As part of this collaboration, a memorandum of agreement was signed to increase the presence of Indian military liaison officers at key U.S. commands, with India planning to deploy its first liaison officer to the U.S. Headquarters Special Operations Command in Florida.
• Additionally, the U.S. and India have advanced their defense industrial cooperation with the signing of the Security of Supply Agreement (SoSA), which aims to ensure mutual priority support for defense-related goods and services.
• This agreement, part of a broader effort to strengthen defense ties, will help both countries manage supply chain disruptions impacting national security.
• Moreover, the ongoing Indo-Pacific Maritime Domain Awareness (IPMDA) initiative, supported by the Quad, and India’s forthcoming deployment in the Combined Maritime Forces (CMF) are further steps in this deepening strategic partnership.

Frequent Mass Wasting in Tibet raises concerns for India

GS 1&3: Geography and Disaster Management: Mass Wasting

About the news

• Recent research highlights a worrying trend of frequent mass wasting events in Tibet’s Sedongpu Gully since 2017. Mass wasting is the movement of rock and soil down slope under the influence of gravity. Rock falls, slumps, and debris flows are all examples of mass wasting.
• The study reveals that over 700 million cubic meters of debris have been mobilized in this region. This increase in landslide activity is attributed to a combination of long-term warming and intense local seismic activity.
• The findings, published in the Journal of Rock Mechanics and Geotechnical Engineering, have raised concerns for downstream areas in India, particularly in the northeast.
• The Sedongpu Gully, located in the catchment area of the Sedongpu Glacier and draining into the Yarlung Tsangpo River, is experiencing significant geological disruptions.
• This river, known as the Tsangpo in Tibet, takes a sharp turn at the Great Bend near Arunachal Pradesh, eventually merging with the Brahmaputra River.
• The study indicates that the increased frequency of mass wasting events since 2017 could have serious implications for the river systems in India and Bangladesh.
• Environmental scientists in Assam have expressed concerns that these landslides could contribute to heightened sedimentation in the Brahmaputra River. The addition of large amounts of sediment could exacerbate riverbed elevation, increase flood risks, and complicate navigation.
• The study also underscores the potential for future catastrophic flash floods, similar to those caused by past landslide-induced dam breaches.
• Moreover, the research identified 19 major mass-wasting events from satellite imagery, revealing a surge in activity after 2017. Prior to this period, the gully experienced relatively stable conditions with few significant events.
• The study attributes the recent spike in activity to changes in temperature and seismic disruptions, including the 2017 Nyingchi earthquake. The authors emphasize the need for ongoing monitoring and research to assess the impact of these geological events on the Brahmaputra and its tributaries, as well as to manage sedimentation effectively.

Study: Chile’s Atacama salt flat sinking due to lithium mining

GS 3: Miscellaneous

About the news

• A recent study reveals that Chile’s Atacama salt flat is sinking by 1 to 2 centimetres per year as a result of lithium brine extraction.
• The research, published in IEEE Transactions on Geoscience and Remote Sensing, was conducted by the University of Chile. It noted that the subsidence is most pronounced in the southwest part of the salt flat, where lithium mining is concentrated.
• Lithium, often referred to as “white gold,” is crucial for rechargeable batteries used in electronics and electric vehicles. Despite its importance in combating climate change, lithium mining has severe environmental impacts, particularly in Chile, a major producer.
• The study used satellite data from 2020 to 2023 to assess deformations in the Earth’s crust, showing significant subsidence in areas with intensive lithium brine extraction. This occurs because the rate of brine extraction exceeds the natural recharge of aquifers, leading to ground subsidence.
• The mining process, which involves pumping salt-rich water to the surface and evaporating it to extract lithium, requires substantial amounts of fresh water. In the Atacama Desert, it takes about 2,000 tons of water to produce one ton of lithium.
• This depletion affects local communities and wildlife, leaving them without essential water resources. Additionally, chemicals used in lithium extraction, such as sulfuric acid and sodium hydroxide, contaminate soil and water, harming ecosystems and threatening species.
• Further, a 2022 study highlighted that the decline in water levels caused by lithium mining has led to a decrease in flamingo populations in the Atacama region, as fewer flamingos are able to reproduce due to the environmental changes.