AMIGOS IAS Daily Current Affairs (2^nd Sept 2024)

SC emphasizes accused rights in recent PMLA rulings

GS 2: Polity and Governance: PMLA

Why is it in the news?

• In a series of rulings, the Supreme Court has underscored the rights of individuals accused of money laundering, despite the stringent provisions of the Prevention of Money Laundering Act, 2002 (PMLA) concerning arrest and bail, balancing stringent provisions with constitutional protections.
• In Vijay Madanlal Choudhary v. Union of India (2022), a three-judge bench upheld the challenged provisions of the PMLA, including its restrictive bail conditions and the extensive powers of investigation and arrest granted to the Enforcement Directorate (ED).
• However, these powers have been subject to recent limitations through subsequent judicial interventions.

On grounds of arrest

• Section 19 of the Prevention of Money Laundering Act (PMLA) allows the Enforcement Directorate (ED) to arrest individuals if it has evidence suggesting they are involved in money laundering. The accused must be informed of the grounds for their arrest “as soon as may be.”
• In Vijay Madanlal Choudhary, the court ruled that the ED is not required to provide a copy of the Enforcement Case Information Report (ECIR) but must inform the accused of the grounds for arrest.
• In Pankaj Bansal v. Union of India (2023), the Supreme Court clarified that grounds for arrest must be provided in writing, as a fundamental right under Article 20 of the Constitution. Failure to provide written grounds renders the arrest illegal and invalid.

On bail for undertrials

• Section 436A of the Code of Criminal Procedure, 1973, mandates that a person detained for up to half the maximum imprisonment for an offense must be released on bail if their trial or investigation is ongoing. This provision was applied to PMLA cases in the Vijay Madanlal Choudhary ruling.
• Further, the court upheld this principle in Ajay Ajit Peter Kerkar v. Directorate of Enforcement. However, Section 436A has been replaced by Section 479 of the Bharatiya Nagarik Suraksha Sanhita, which affects PMLA cases.
• The new section specifies that if multiple offenses or cases are pending against an individual, as often occurs in money laundering cases, the bail provision may not apply.

On ‘need and necessity to arrest’

• The Supreme Court granted interim bail to Delhi Chief Minister in the Delhi excise policy case where he argued that his arrest under Section 19 of the PMLA was unlawful due to a lack of “necessity” and claimed the ED had the relevant material since July 2023, but did not arrest him until March 2024.
• Further, Section 19(1) of the PMLA requires the ED to have a “reason to believe” the accused is “guilty,” with these reasons needing to meet a high threshold of admissible evidence.
• The court also referred the issue of whether “need and necessity to arrest” can challenge an arrest under the PMLA to a five-judge bench.

On relaxing ‘twin conditions’

• A bench comprising Justices B.R. Gavai and K.V. Viswanathan granted bail to former Delhi Deputy CM in the Delhi excise policy case.
• While Section 45 of the PMLA imposes strict bail conditions requiring the accused to prove they haven’t committed an offense and won’t commit one while on bail, the bench noted these conditions can be “relaxed” after a lengthy incarceration.
• Delhi Deputy CM had been detained for about 17 months without the trial beginning.

On bail exception for women

• The court granted bail to a BRS leader in the Delhi excise policy case, noting that she qualified for the exception in Section 45 of the PMLA, which allows for bail if directed by the Special Court.
• The court overturned the Delhi High Court’s decision, which had denied her bail based on her education and perceived lack of vulnerability. The bench found that the lower court had misinterpreted the exception’s application.

On confession to ED officer

• Regarding confessions, the Court in Prem Prakash v. Union of India (2024) examined the admissibility of statements made to ED officers under Section 50 of the PMLA.
• It reaffirmed that such confessions, if obtained under coercion, violate the right against self-incrimination, as per past judgments and Section 25 of the Evidence Act.

Rashtriya Poshan Maah

GS 2: Society: Nutrition awareness

About the news

• The Ministry of Women and Child Development (MoWCD) is celebrating the 7^th Rashtriya Poshan Maah throughout September 2024.
• This year’s event focuses on raising awareness about nutrition and well-being across the country and is supported by Mission Poshan 2.0.
• The month-long Poshan Maah will spotlight themes such as Anaemia, Growth Monitoring, and Complementary Feeding, aiming to intensify efforts against malnutrition and promote holistic well-being, in line with the Prime Minister’s vision of a ‘Suposhit Bharat’ (Nutrition-rich India).

POSHAN Maah

• Since 2018, September has been designated as POSHAN Maah to enhance nutritional outcomes for children, adolescent girls, pregnant women, and lactating mothers.
• The month is marked by a range of activities aimed at addressing key issues such as antenatal care, optimal breastfeeding, anaemia, growth monitoring, girls’ education, diet, the right age of marriage, hygiene and sanitation, and food fortification.
• These activities are structured around Social and Behavioural Change Communication (SBCC) strategies, following the Jan Andolan Guidelines. SBCC involves the strategic use of communication techniques to foster changes in knowledge, attitudes, norms, beliefs, and behaviours related to nutrition and health.

Pacific Islands Forum

GS 2: International Relations: PIF

Why is it in the news?

• The annual Pacific Islands Forum (PIF) meeting took place in Tonga from August 26 to 30, 2024, drawing over 1,500 delegates from 40 countries. This reflects the Forum’s rising importance as major global powers seek to influence the region.

More about the news

About the forum:

• Founded in November 1971, the Forum’s initial members included Australia, Cook Islands, Fiji, Nauru, New Zealand, Tonga, and Western Samoa. It transitioned from the South Pacific Bureau for Economic Cooperation, renamed as the Forum Secretariat in 1981.
• Today, the Forum comprises 18 member states, including Australia, New Zealand, and several smaller island nations. It aims to foster a “resilient Pacific region” marked by peace, security, and prosperity.
• The Forum addresses critical issues like climate change and sea level rise, given the environmental challenges faced by its member countries. It employs the “Pacific way” method of dispute resolution, which focuses on consensus-building and highlights the cultural bonds within the “Blue Pacific Family.”

Key takeaways from the meeting:

1) The summit prominently addressed the unrest in New Caledonia, where clashes between French officers and locals have led to casualties on both sides.

• The Kanak people’s ongoing quest for independence from France remains contentious, with recent unrest triggered by proposed constitutional amendments in France. The Forum plans a “talanoa” (dialogue) later this year to further discuss this issue.

2) UN Secretary-General Antonio Guterres advocated for a climate fund to combat regional environmental challenges, noting the deterioration of water quality due to rising sea levels and pollution.

3) A key topic was the Australian-funded Pacific police training centre, aimed at enhancing regional security and countering China’s growing influence. The A$400 million plan includes creating four training centres across the Pacific, with a main hub in Brisbane.

4) The recognition of Taiwan at the Forum sparked controversy. Despite pressure from China and its allies to remove Taiwan, a 1992 agreement initially allowed its participation, although this was later removed after criticism from Chinese officials.

5) Additionally, American territories Guam and American Samoa were admitted as associate members, despite objections from the Solomon Islands.

Significance:

• Once a less prominent organization, the Forum now engages with 21 dialogue partners and has a waiting list for new members. The increasing global focus on the Pacific region reflects its strategic importance and resource wealth.
• Moreover, China’s efforts, including a 2022 security pact with the Solomon Islands, have heightened interest from other global powers, such as the U.S., which hosted a White House summit with Pacific leaders in 2022.

The Munich Agreement and its role in the outbreak of WW-II

GS 1: Culture and History: WW-II

About the news

• On September 1, 1939, 85 years ago, German troops invaded Poland, marking the beginning of World War II, the deadliest military conflict in history involving an estimated 100 million people from 30 countries.
• Great Britain and France, which had pledged support to Poland, declared war on Germany and its allies on September 3.
• The outbreak of World War II highlighted the failure of the Munich Agreement, signed less than a year earlier. This agreement is often viewed as a disastrous act of appeasement toward Adolf Hitler’s Nazi regime and serves as a historical lesson that expansionist totalitarianism cannot be effectively countered through placation.
• The Munich Agreement’s context was rooted in the Sudeten crisis. Hitler had threatened war if the German-majority regions in Czechoslovakia, known as the Sudetenland, were not surrendered to Germany.
• These German-speaking areas, incorporated into Czechoslovakia after the collapse of the Austro-Hungarian Empire at the end of World War I, were home to over three million Sudeten Germans.
• Hitler’s goal was to expand German territory and create a “Greater Germany.” Following the Munich Agreement, German troops occupied the Sudetenland from October 1 to October 10, 1938.
• The Munich Agreement was signed on September 29-30, 1938, by Germany, France, Italy, and Great Britain. The agreement was strongly supported by British Prime Minister Neville Chamberlain, who believed it would maintain peace in Europe.
• Upon returning from Munich, Chamberlain famously waved the agreement, calling it a declaration of “peace with honour,” and accepted the annexation of the Sudetenland by Germany.
• Czechoslovakia, whose territory was being ceded, was not a signatory to the Agreement and was compelled to accept the terms under pressure from Great Britain and France, which had a military alliance with Czechoslovakia.
• The Czechoslovak leader Jan Masaryk expressed dismay, stating, “We are not ready to accept peace at all costs!” Prime Minister Jan Syrový, who was coerced into accepting the Agreement, lamented, “We have been abandoned.”
• The Munich Agreement, resulting from negotiations between Hitler, Chamberlain, French Prime Minister Édouard Daladier, and Italy’s Prime Minister Benito Mussolini, allowed for the German annexation of the Sudetenland in four stages from October 1-10, 1938.
• Some areas were subject to a plebiscite, and the Czechoslovak government was required to release Sudeten Germans from military and police duties within four weeks of the Agreement and to release all Sudeten German prisoners.
• However, within six months of the Munich Agreement, Hitler violated his commitments and invaded the rest of Czechoslovakia, setting the stage for further conflict.

Centre orders ration cards for LGBTQIA+ couples

GS 2: Society: LGBTQIA+

About the news

• The Union government has mandated that LGBTQIA+ couples be treated as members of the same household for ration card issuance, with an advisory issued by the Department of Food and Public Distribution.
• Additionally, the Health Ministry has directed States and relevant stakeholders to make provisions for LGBTQIA+ partners to claim each other’s bodies when no next of kin is available. It has also established guidelines for medical interventions for intersex children and mental health support for the LGBTQIA+ community.
• These measures follow the Supreme Court’s October 2023 judgment on marriage equality, which did not recognize same-sex marriages but noted the government’s commitment to addressing LGBTQIA+ entitlements.
• The government formed a committee to explore these issues, leading to further discussions and advisories on social welfare, healthcare, and legal protections for LGBTQIA+ individuals.
• The Social Justice and Empowerment Ministry described these actions as interim measures, with the government also seeking public suggestions for additional steps.
• Recent clarifications include allowing LGBTQIA+ couples to open joint bank accounts and nominate each other as beneficiaries.

Rice-Wheat needs to be de-hyphenated

GS 3: Economy: Issues related to Rice and Wheat

Why is it in the news?

• Rice and wheat are currently experiencing distinct supply and demand dynamics, warranting a separation in their policy considerations.

A Perspective

• Traditionally, rice stocks are lower than wheat at this time of year due to the different harvest cycles—wheat is harvested from April to June, while rice is harvested from October.
• Despite record exports of rice, with 21.21 million tonnes in 2021-22 and 22.35 million tonnes in 2022-23, domestic stocks remain high, reaching an all-time high of 45.48 million tonnes on August 1.
• Conversely, wheat exports have plummeted from 7.24 million tonnes in 2021-22 to just 0.19 million tonnes in 2023-24, and central stocks are at their lowest for this date in recent years, totalling 26.81 million tonnes.

• Rice is cultivated during both the kharif and rabi seasons across 16 states, which contributes to its stable production. In contrast, wheat, which is grown only in the rabi season, is more geographically and temporally constrained, with significant production concentrated in just eight states.
• Wheat faces more severe production volatility due to climate change, such as shorter and warmer winters and temperature spikes affecting its growth.
• While wheat production struggles with climate and other challenges, consumption is on the rise, particularly in processed forms like refined flour (maida) used in bakery products and convenience foods.
• This shift contrasts with rice, which has not seen similar levels of consumption in processed forms. Per capita monthly wheat consumption in 2022-23 was 3.9 kg in rural and 3.6 kg in urban areas, but rice has not matched this trend.
• Hence, the growing consumption of wheat and the challenges in its production suggest a potential future shift towards wheat imports. To address this, increasing per-acre yields and developing climate-smart varieties are necessary.
• For rice, the opposite is true—overproduction and stagnant domestic consumption lead to surplus stocks. The government should consider lifting export bans and duties on rice to manage excess stocks.
• Moreover, the distinct issues facing rice and wheat indicate that they should be addressed separately rather than being conflated, reflecting their unique challenges and future needs.