UPSC Daily CURRENT AFFAIRS – 01 July 2024

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UPSC CURRENT AFFAIRS – 01 July 2024

GS Paper 1:

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In Maharashtra’s poorest district , bamboo ambulances venture where roads fail

Why is it in the news?

• In the remote regions of Maharashtra near Nandurbar, bamboo ambulances are a common sight. Villagers use these makeshift stretchers made of bamboo sticks tied with bedsheets to transport sick individuals to the nearest primary health centre.
• The challenging geographical terrain and scattered population of over 7 million residents in the district contribute to various healthcare difficulties.

 

More about the news

• Despite some progress in reducing poverty levels according to NITI Aayog’s data, Nandurbar remains the most impoverished district in the state.
• The lack of adequate healthcare facilities is particularly concerning in Nandurbar. Pregnant women face challenges reaching health centres due to poor road conditions, relying on motorcycles or walking over rough terrains. The maternal mortality rate in Nandurbar remains high, reflecting the need for improved healthcare services in the district.

v  Maternal Mortality Rate (MMR) – MMR is the number of maternal deaths during a given time period per 100,000 live births during the same time period. It reflects the reproductive health status of women in a region, encompassing deaths related to pregnancy, childbirth, or abortion complications among those of reproductive age.

• Health officials emphasize the importance of educating the local population on family planning and maternal health to address the high birth rates and maternal mortality. Despite recent efforts to enhance healthcare services, challenges persist, especially during the monsoon season when certain areas become inaccessible, necessitating the use of boat ambulances.
• In the talukas of Dhadgaon, Shahada, Taloda, Nandurbar, and Navapur, there are a total of 322 approved health centres. Out of these, 293 are operational, and 273 are sub-centres with concrete infrastructure, while 29 are currently under construction. Among the sub-centres, 20 do not have buildings, and 2 lack a suitable site for construction.

 

·        In a challenging journey, a Mahindra Bolero ambulance transports 12 pregnant women back to their villages after receiving sonography services at the Civil Hospital in Shahada subdivision of Taloda tehsil. ·        These women have travelled long distances of 160 to 250 km for their medical appointments. After their check-ups, they converge at the nearest Primary Health Centre (PHC) where they were picked up earlier in the day.

 

• Further, ASHA workers tirelessly raise awareness about the importance of regular checkups and delivering in a healthcare facility by visiting villages one by one. Due to limited resources, many women in the district give birth without medical assistance. In the year 2022-23, the district reported 31,566 institutional deliveries and 2,869 home deliveries. Tragic deaths that could have been prevented highlight the urgent need for improved infrastructure and connectivity in the region.

 

Striving to Reduce Mortality Rates ·        To combat the alarming child and maternal mortality rates, former Chief Medical Officer Sawan Kumar launched ‘Mission Lakshya 84 Days’ in September 2023 in Nandurbar District. This initiative aims to increase institutional deliveries and enhance maternal and child healthcare services. Through strategic follow-ups and care, they have successfully lowered home delivery rates and improved health outcomes for both mothers and babies. ·        Efforts like ‘Maherghar’ services have significantly contributed to reducing mortality rates, underscoring the importance of accessible and quality healthcare in the region. ·        Further, initiatives like the newly opened Sickle Cell Testing Laboratory provided a ray of hope for improved healthcare services in Nandurbar.

 

Challenges in Recruiting Medical Staff ·        The recent introduction of the Bhagwan Birsa Munda Jodaraste Scheme in 2023, a ₹5,000 crore State government initiative aimed at connecting all tribal villages in Maharashtra with main roads. Emphasizing the need for infrastructural development, the allocation of ₹3,000 crore solely for Nandurbar to enhance road connectivity and construct bridges, it is anticipated that it will bring positive changes in the district within the next two years. ·        Various medical officer positions in Nandurbar district remain unfilled, including 27 out of 81 Group A posts, 23 out of 85 Group B positions, and 172 out of 986 National Health Mission-approved posts. In addition, 68 out of 160 Medical Officer positions and 52 out of 192 community health officer positions are vacant. ·        Despite efforts to recruit specialists like radiologists, gynecologists, and pediatricians with lucrative salaries of ₹1.5 lakh per month, there has been a lack of applicants in response to advertisements by the district health department.

 In an innovative approach to provide healthcare services in remote areas, boat dispensaries have been operating in Nandurbar since 2016. These floating medical units serve villages along the Narmada backwaters, catering to around 50 patients daily.

PM Modi expresses gratitude for record-breaking election participation

Why is it in the news?

• In his latest Mann Ki Baat broadcast following the 2024 general elections, Prime Minister Narendra Modi acknowledged the public’s steadfast trust in the country’s Constitution and democratic framework.
• Thanking the nation on June 30 for reaffirming their unwavering belief in these systems, Prime Minister Modi hailed the 2024 election as the largest in the world, with a historic 650 million individuals exercising their voting rights. He extended his congratulations to the Election Commission and all involved in facilitating the electoral process.

 

Major Takeaways:

• Although the Mann Ki Baat program experienced a brief hiatus, the essence of the initiative, celebrating daily altruistic deeds benefiting society, continued unabated.
• PM Modi thanked the Kuwait government for initiating a special Hindi program on its national radio every Sunday.
• PM Modi wished Indian athletes the best for the upcoming Paris Olympics, urged public support with the hashtag ‘Cheer4Bharat,’ and recalled the memories of the Tokyo Olympics.

About Santhal Rebellion: ·        The Santhal Rebellion also known as the Hul revolt began on June 30, 1855, under the leadership of Sidhu, Kanhu, Chand, Bhairav, and their sisters Phulo and Jhano was a response to the oppressive policies of the British East India Company. ·        Utilizing guerrilla warfare tactics, the Santhals mobilized over 10,000 people, including farmers, villagers, and women, capturing significant territories such as the Rajmahal Hills, Bhagalpur district, and Birbhum. ·        Despite their efforts, the British, supported by local landlords, responded with heavy weaponry against the Santhals’ bows and arrows. ·        The rebellion was eventually suppressed, leading to the arrest of Sidhu and Kanhu and the movement’s brutal end in 1856.

• Drawing attention to tribal traditions, Prime Minister Modi commemorated June 30 as Hool Diwas, honoring the courageous acts of Veer Sidhu-Kanhu in resisting colonial oppression before India’s First War of Independence in 1857.

 

• The Prime Minister expressed delight at the rapid progress of the Ek Ped Maa Ke Naam campaign initiated on World Environment Day, emphasizing its broad appeal, where individuals from various backgrounds are planting trees in tribute to mothers.

About ‘Ek Ped Maa Ke Naam’ Campaign: ·        On June 5, PM Modi launched the ‘Ek Ped Maa Ke Naam’ campaign for World Environment Day by planting a Peepal tree at Buddha Jayanti Park in Delhi. ·        The campaign encourages people in India and globally to plant trees as a tribute to Mother Earth. ·        Significance of the Campaign: ü  Commitment to Nature: The Prime Minister emphasized the campaign’s alignment with the commitment to protecting Mother Nature and promoting sustainable lifestyle choices. ü  Increased Forest Cover: Over the past decade, India has undertaken numerous collective efforts, resulting in increased forest cover across the nation, contributing significantly to sustainable development. ü  Community Involvement: The campaign highlights the commendable efforts of local communities in leading initiatives for environmental conservation. ·        World Environment Day on June 5, commemorates the 1972 Stockholm Conference on the Human Environment, with this year’s theme focused on land restoration and resilience against desertification and drought.

 

• Highlighting a unique initiative, Prime Minister Modi lauded the creation of the vibrant Karthumbhi Umbrella made by tribal women in Attappady, Kerala. The umbrellas’ popularity is skyrocketing nationwide, reflecting the skill and entrepreneurship of the Vattalakki Cooperative Farming Society led by women.

About Karthumbhi Umbrella: ·        Originating from Attappadi in Kerala’s Palakkad district, the initiative began in 2014 to provide sustainable livelihoods for tribal communities. ·        ‘Karthumbi’ was a cultural group of tribal children at Attappadi. The umbrella adopted it as the brand name. The umbrellas are known for their colorful and culturally significant designs. ·        Started with training for 50 women, the project has now empowered 360 tribal women, many under the Mahatma Gandhi National Rural Employment Guarantee Scheme. ·        Financial support from Dubai based Peace Collective and Kerala’s Tribal Development Department has helped scale production from 1,000 to 17,000 umbrellas annually by 2024. ·        The initiative not only boosts income but also aims to improve maternal and child health in the region by addressing economic disparities.

The rot in India’s higher education system

Why is it in the news?

• The academic year 2022-23 saw significant delays in admissions to university programs due to the implementation of the National Testing Agency (NTA)-run Common University Entrance Test (CUET) for both undergraduate and postgraduate degrees.
• Despite initial plans for a CUET for PhD admissions in 2022-23, this proposal was abruptly dropped in mid-September 2022, leaving universities, like Jawaharlal Nehru University (JNU), in a state of uncertainty.

 

Analysing the issue

• JNU, a top-ranking university in India, had a long-standing tradition of conducting its own entrance exams. However, under the NTA regime, JNU was compelled to adopt the NTA’s examination format, despite internal opposition. The delays in PhD admissions, extending up to eight months in some cases, further highlighted the challenges universities faced under the NTA’s directives.
• The NTA’s increasing influence over university admissions, particularly in the case of PhD programs, has raised concerns among faculty and students. Despite the University Grants Commission (UGC) Regulations, 2022, granting universities the authority to conduct their own entrance exams, many university heads favoured the NTA’s approach, disregarding the voices of dissent within their institutions.
• The tight grip of the NTA on university calendars, orchestrated with the support of UGC officials and university administrators, has raised questions about academic autonomy and transparency. The rushed decisions, such as prioritizing the June 2024 UGC-NET scores for PhD admissions without proper consultation, point to a systemic decay in the higher education system.

 

Conclusion

• To restore trust in the higher education system, it is imperative that universities adhere to their established processes and uphold academic standards.
• Addressing the compromised autonomy and restoring faith in the system require a thorough review of the NTA’s influence and a commitment to transparent and accountable practices by all stakeholders involved.

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UPSC CURRENT AFFAIRS – 01 July 2024

GS Paper 2:

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Crimes committed before July 1 to be tried under old laws, says Amit Shah

About the news

• Three new criminal laws are set to be enforced nationwide, despite opposition.
• Government officials stated that States have the freedom to introduce their amendments to certain provisions of the Bharatiya Nagrik Suraksha Sanhita (BNSS), which replaces the Code of Criminal Procedure (Cr.PC). The BNSS outlines the procedure and prerequisites concerning arrest, bail, custody, and other related matters.
• The Bharatiya Nyaya Sanhita (BNS), a replacement for the Indian Penal Code, 1860, may be modified soon to address sexual offenses against men and transgender individuals. According to a senior official, police officers are advised to utilize other relevant sections under the BNS, like wrongful confinement and physical harm, in cases of such complaints until an amendment rectifying this issue is introduced.
• The Bharatiya Sakshya (BS) will replace the Indian Evidence Act, 1872, as the third law to take effect.
• Starting at 00:00 hours on July 1, over 650 district courts and 16,000 police stations nationwide will transition to the new system.
• Cognizable offenses will now be recorded under Section 173 of the BNSS, rather than Section 154 of the Cr.PC. While the IPC and Cr.PC will continue to operate alongside the new laws, existing cases are to be processed under the former regulations. Additionally, crimes committed before July 1 but reported afterward will be registered under the IPC.

For further information refer article on 29/06/2024 – New criminal codes from July 1: A threat to citizen liberty, justice under the guise of a decolonisation project

Sri Lanka summons Indian diplomat over naval sailor’s death

Why is it in the news?

• Sri Lanka’s Ministry of Foreign Affairs recently called upon an official from the Indian High Commission in Colombo to express concerns about the death of a naval sailor who was involved in a mission to seize an Indian fishing vessel.

 

More about the news

• According to the reports, the Sri Lankan authorities highlighted issues related to illegal, unreported, and unregulated fishing activities, particularly the use of bottom-trawling techniques and indiscriminate fishing by Indian fishermen in Sri Lankan waters during the meeting.
• Further, during the meeting between Sri Lanka’s High Commissioner to India and India’s External Affairs Minister, the ongoing conflict over fisheries in the Palk Strait was discussed. The fatal incident that resulted in the death of a Sri Lankan Navy sailor was also mentioned.
• The Sri Lankan Navy attributed the sailor’s death to the aggressive actions of an Indian trawler that resisted capture during the operation. As a result, 10 Indian fishermen were arrested on charges of illegal fishing, and their fishing trawler was seized.
• The persistent fisheries conflict in the region, highlighted by the long-standing dispute over bottom trawling, has put pressure on the livelihoods of northern Sri Lankan fishermen. Calls for a renewed dialogue between the two countries to address this issue have been echoed by the affected fishing communities.

 

Conclusion

• Both Sri Lanka and India are urged to uphold the 2016 agreement aimed at ending bottom-trawling practices.
• Despite the establishment of a Joint Working Group between the two nations to address the issue, progress on finding a lasting solution has been slow, exacerbating tensions among the fishing communities in the region.

 

Recent Developments in India-Sri Lanka Relations ·        Maritime Rescue Coordination Centre (MRCC): India and Sri Lanka jointly commissioned an MRCC with a USD 6 million grant from India, featuring installations in Colombo, Hambantota, and Galle, under the Colombo Security Conclave. ·        Model Village Housing Project: Both nations virtually handed over houses constructed under the Model Village Housing Project and Indian Housing Project, funded by India. ·        Energy Sector Initiatives: Discussions included LNG supply, a proposed petroleum pipeline, advancing oil and gas exploration, and the construction of the Sampur Solar Power Plant. ·        Other Developments: Projects aimed at developing Trincomalee, expanding the Kankesanthurai port, and enhancing Sri Lanka’s liquid milk industry and fertilizer production were also discussed.   India-Sri Lanka Relations: An Overview ·        Historical Ties: Deep cultural, religious, and trade connections exist between India and Sri Lanka, with many Sri Lankans having Indian roots and Buddhism playing a significant role in both countries. ·        Economic Ties:  India provided approximately USD 4 billion in aid during Sri Lanka’s financial crisis in 2022 and supported debt restructuring efforts. An Economic and Technology Cooperation Agreement (ETCA) is being explored, and India’s UPI service has been adopted by Sri Lanka. India is Sri Lanka’s third-largest export destination and a major investor. ·        Participation in Groupings: Sri Lanka is part of BIMSTEC and SAARC, where India plays a leading role. ·        Tourism: India was the largest source of tourists for Sri Lanka in 2022.   Significance of India-Sri Lanka Relations ·        Focus on Regional Development: India’s ‘Neighbourhood First’ policy emphasizes the importance of Sri Lanka as a maritime neighbour. The enhancement of digital payment systems and infrastructure will promote economic integration and ease business transactions and tourism exchanges. ·        Strategic Location: Sri Lanka’s location near India’s southern coast makes it a critical point of control for India in the Indian Ocean.   Challenges in India-Sri Lanka Relations ·        Tamil Ethnic Issue: Concerns persist about the welfare of the Tamil community and the implementation of the 13th Amendment for power-sharing. ·        China’s Influence: China’s investments, such as in Hambantota Port, raise concerns for India due to proximity. ·        Fisheries Dispute: Illegal fishing and arrests on maritime boundaries lead to diplomatic tensions. ·        Katchatheevu Island Dispute: The ownership and usage rights of Katchatheevu Island impose restrictions on fishing activities. ·        Border Security and Smuggling: The porous maritime boundary has led to issues of security and smuggling.   Way Forward ·        Truth and Reconciliation Commission: Support the establishment of a commission to address civil war legacies and promote healing for the Tamil community. ·        Joint Maritime Patrols and Training: Enhance cooperation on maritime security with joint patrols and training programs. ·        People-to-People Ties: Promote cultural exchange programs and tourism. ·        Joint Infrastructure Projects: Invest in infrastructure projects ensuring smooth execution. ·        Economic and Trade Cooperation Agreement (ETCA) Implementation: Work towards swift implementation of ETCA to reduce trade barriers. ·        Student Exchange Programs and Skill Development: Establish scholarship programs and collaborate on skill development initiatives.

 

For further information refer articles on 28/06/2024 – Net Damage: on the fisheries, India & Srilanka & 26/06/2024 – Srilnkan navy personnel die during operation aganist indian fishing vessels

Modi’s trip to Moscow aims to address global perceptions and reassure Russia

Why is it in the news?

• Narendra Modi’s upcoming visit to Moscow on July 8-9 for a crucial State visit to meet Russian President Vladimir Putin is set to strengthen strategic, economic, and military ties between India and Russia.
• Experts anticipate that this visit will help dispel any notion of a faltering relationship and reinforce the longstanding bond between the two nations.

 

More about the news

• Key discussions during the Modi-Putin meeting are likely to revolve around the growing India-Russia trade, focusing on issues such as oil imports, alleviating payment challenges due to Western sanctions, advancing the Chennai-Vladivostok maritime route, and finalizing the Reciprocal Exchange of Logistics Agreement (RELOS). The agreement, once concluded, is expected to enhance defense cooperation through increased exchanges.

About Reciprocal Exchange of Logistics Agreement (RELOS): ·       The Reciprocal Exchange of Logistics Agreement (RELOS) is a significant administrative arrangement between India and Russia aimed at enhancing military cooperation. ·       Purpose: Ø  Streamlines military logistics support to make joint operations and long-distance missions more efficient and cost-effective. Ø  Facilitates replenishment of essential supplies like fuel, rations, and spare parts for continuous military presence in crucial regions. Ø  Provides berthing facilities for troops, warships, and aircraft during both wartime and peacetime missions. ·       Significance: Ø  Sustained Operations: Ensures uninterrupted military presence and operations. Ø  Strategic Advantages: Utilizes host nation’s logistics networks for swift crisis response and reduces mission costs. Ø  Expanded Military Reach: Enhances India’s maritime influence and boosts Maritime Domain Awareness (MDA). Ø  Balancing Quad Agreements: Counterbalances India’s logistics agreements with Quad countries and Russia’s non-Quad stance, strengthening Russian presence in the Indo-Pacific. ·       Scientific Interconnections: Supports India’s scientific engagements in the Arctic to study the impact of Arctic sea ice melting on Indian monsoon systems.

 

• This visit marks Modi’s first trip to Moscow since 2015 and signifies a return to the traditional annual India-Russia summit format.
• With previous meetings in St. Petersburg, Sochi, and Vladivostok, as well as reciprocal visits to India by President Putin, the rekindling of this annual summit is crucial in resetting the trajectory of bilateral relations.
• Former Ambassador highlighted the significance of this visit in dispelling any notion of a strained relationship and reiterated the importance of revitalizing the strategic partnership between the two nations.
• Despite no official announcement regarding a visit to Kyiv, Mr. Modi’s subsequent trip to Vienna following his Moscow visit underscores Russia’s position as a key ally for India. This visit also serves as a subtle indication to Western powers that India remains committed to balancing its international partnerships, particularly in light of the Russia-Ukraine conflict.
• Experts also predict that this visit will offer Mr. Modi firsthand insights into the conflict in Ukraine, facilitate discussions on contentious issues like the recruitment of Indians as Russian military personnel, and expedite the delivery of defense equipment delayed due to the ongoing crisis.

 

Evolution of India-Russia Relations: A Strategic Journey Historical Genesis: ·       Indo-Soviet Friendship Treaty (1971): Cemented by mutual support during the Indo-Pak war, marking the beginning of strong bilateral ties. ·       Strategic Partnership Declaration (2000): Elevated relations, broadening cooperation across various sectors. ·       Special and Privileged Strategic Partnership (2010): Further deepened the strategic partnership to a special and privileged level.   Bilateral Trade: ·       Trade Volume: Reached USD 13 billion in 2021-22, making Russia India’s seventh largest trading partner. ·       Economic Engagement: Enhanced economic ties have strengthened bilateral relations over the years. ·       Political Engagement: Inter-Governmental Commissions: Annual meetings foster cooperation in trade, economics, technology, and culture. ·       Military-Technical Cooperation: Joint exercises and programs like ‘INDRA’, emphasizing defense and security cooperation. ·       Defence and Security Relations: Ø Joint Military Programs: Collaboration on strategic projects including BrahMos missiles and fighter jets. Ø Defence Procurements: Acquisition of advanced military hardware like S-400 air defense systems and naval assets. ·       Science and Technology:   Ø Historic Collaboration: From early support in industrial development to contemporary partnerships in advanced technologies. Ø Current Cooperation: Focus on nanotechnologies, quantum computing, and space exploration (Gaganyaan program).   Key Challenges: ·       Strategic Shifts: Balancing relations with China and evolving ties with Pakistan influencing India’s strategic choices. ·       Diplomatic Balancing: Navigating between US alliance and traditional ties with Russia amidst global power dynamics. ·       Russia-Ukraine Crisis: India’s stance and energy cooperation with Russia amidst Western criticism. ·       Declining Defence Imports: India’s declining defense imports from Russia reflect a strategic shift towards diversification amidst heightened global competition, prompting Russia to seek other potential buyers such as Pakistan.   Way Forward: ·       Defense Partnership: Strengthening defense ties with Russia, exploring manufacturing partnerships and exports. ·       Economic Diversification: Expand cooperation beyond defense into energy, technology, and space sectors. Ø  Examples such as discussions on manufacturing Russian Ka-226T helicopters in India for export to third countries. ·       Strategic Balancing: Maintain strategic partnerships while engaging with global forums and regional alliances. ·       Space Collaboration: Enhance joint efforts in satellite technology and deep space exploration for mutual benefits.

 

Conclusion

• Overall, Mr. Modi’s visit is expected to address concerns surrounding the bilateral ties, pave the way for resolving pending issues, and further strengthen the strategic cooperation between India and Russia.

1.1      Should education be re-transferred to the State list?

Why is it in the news?

• The NEET-UG exam has been surrounded by controversies involving the allocation of grace marks, allegations of paper leaks, and other irregularities. Further, the UGC-NET exam was canceled post-conduct, while the CSIR-NET and NEET-PG exams have been postponed by the government.

 

Background

• The Government of India Act, 1935, introduced a federal structure during the British era, defining the jurisdiction over legislative subjects between the federal legislature (Union today) and provinces (States today).
• Education, recognized as a significant public good, was initially placed under the provincial list. Post-independence, education remained under the ‘State list’ concerning power distribution.
• During the Emergency period, the Swaran Singh Committee was assembled by the Congress to offer suggestions for constitutional amendments. One such recommendation was to include ‘education’ in the concurrent list to develop India-wide education policies.
• The 42nd constitutional amendment (1976) was enacted to shift ‘education’ from the State list to the concurrent list. However, the rationale behind this move lacked detailed explanation, and the amendment was ratified by States without thorough discussions.
• The Janata Party government under Morarji Desai initiated the 44th constitutional amendment (1978) post-Emergency to reverse several controversial changes made through the 42nd amendment.
• One of the proposed amendments, although approved by the Lok Sabha but not the Rajya Sabha, aimed to return ‘education’ to the State list.

 

International Comparisons ·        In the U.S., State and local authorities establish educational standards, conduct standardized tests, and oversee colleges and universities. The federal role focuses on financial aid policies, addressing key educational concerns, and ensuring equal access. ·        In Canada, education is entirely managed by the provinces, while in Germany, education falls under the legislative powers of the landers (equivalent States). ·        South Africa’s educational system involves two national departments for school and higher education, with provinces managing local policies.

 

Conclusion and Way Forward

• Arguments supporting ‘education’ in the concurrent list stress the potential for a uniform education policy, enhanced standards, and improved cooperation between the Centre and States. However, due to India’s vast diversity, a blanket approach may not be practical or desirable. Notably, a significant proportion of education expenditure is the responsibility of the States. Therefore, initiating discussions on reassigning ‘education’ to the State list could allow for tailored policies on syllabi, assessments, and admissions for higher education, particularly in fields like medicine and engineering.
• While concerns about corruption and lack of professionalism exist under the current centralized system, recent events tied to NEET and NTA highlight that centralization does not guarantee the eradication of such issues.
• Moving forward, fostering dialogues towards transferring ‘education’ back to the State list could grant States the autonomy to craft specialized policies for higher education, while regulatory frameworks for higher education may still be under the oversight of central bodies like the National Medical Commission, University Grants Commission, and All India Council for Technical Education.

 

Taliban members meet UN, Afghanistan envoys in Doha

About the news

• The Taliban regime representatives from Afghanistan had their first meetings with UN officials in Doha, attending talks with special envoys to the Central Asian country for the first time, as stated by a UN spokesperson.
• This two-day meeting hosted by the UN in Qatar marks the third such meeting in the country in just over a year, but it is the first to involve Taliban authorities.
• However, the exclusion of civil society organizations has sparked criticism among various groups, including women’s rights activists. Head of Amnesty International Agnes Callamard expressed concerns by stating that giving in to the Taliban’s demands to secure their involvement in the talks could potentially validate their gender-based system of oppression.

New crimes under the Bharatiya Nyay Sanhita, and some grey areas

Why is it in the news?

• The Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) are set to be enforced on July 1, 2024, replacing the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act.
• The introduction of these laws by Union Home Minister Amit Shah aims to modernize India’s criminal justice system. However, there are concerns raised by critics regarding specific provisions in these legislations.

More about the news

• The BNS introduces several new criminal offenses, with Clause 69 standing out for punishing sexual intercourse achieved through deceitful means. This clause aims to penalize individuals who engage in sexual activity by deceitfully promising marriage without intending to fulfil that promise. Critics worry this provision may unintentionally criminalize consensual relationships and fuel narratives like “love jihad.”
• Furthermore, Clause 103 of the BNS recognizes murder based on race, caste, or community as a distinct offense for the first time. This provision responds to the Supreme Court’s directive in 2018 to address crimes like lynching through separate legislation.
• Additionally, the inclusion of offenses such as organized crime and terrorism broadens the scope of the BNS, absorbing elements previously governed by specialized laws like the Unlawful Activities Prevention Act.
• The BNS’s coverage of offenses like organized crime, encompassing a wide range of criminal activities, indicates a comprehensive legislative approach. However, some provisions, such as descriptions of cyber-crimes with severe consequences, require clearer definitions.
• Notably, the BNS restructures its sections, prioritizing crimes against women ahead of offenses against the state, diverging from the sequencing in the IPC.
• A significant change within the BNSS involves extending detention in police custody from the previous 15-day limit in the CrPC to now up to 90 days. Initially, under Section 167(2) of the CrPC, after a maximum of 15 days in police custody, an accused was required to be transferred to judicial custody (prison). This provision was designed to motivate the police to conclude investigations promptly, aiming to reduce the risk of custodial abuse and coerced confessions. With Clause 187(3) of the BNSS eliminating the phrase “otherwise than in police custody,” the police are now authorized to retain custody of an accused for up to 90 days for all offenses specified in the BNSS. Shah highlighted in Parliament that the BNSS adopts a “victim-centric” approach by enforcing stricter deadlines for trial completion. Furthermore, the BNSS mandates that in cases where the punishment exceeds seven years, the victim must have an opportunity to express their views before the government withdraws the case.
• An additional inclusion in the BNSS is the concept of trials in absentia, permitting individuals accused of crimes to be tried and convicted even in their absence, akin to waiving their right to a fair trial if they were present in court. While similar provisions already exist under the UAPA, the burden of proof is now shifted in the terror law, with the accused being required to prove their innocence rather than the state proving guilt. Criticisms arise regarding the allowance of trials in absentia under standard criminal law, as it may enable the state to sidestep locating the accused before trial initiation.
• Moreover, the BNSS eliminates the provision for statutory bail when an accused faces multiple charges. Previously under the CrPC, an accused could qualify for statutory bail after serving half of the maximum sentence for the offense, intended to prevent prolonged trials causing undue suffering for the accused. This criterion led to the recent bail granted to JNU student Sharjeel Imam by the Delhi High Court.

Positive Developments

• Among notable positive changes in the new legislation is the introduction of community service as an alternative form of punishment for specific offenses such as minor theft, defamation, and attempting suicide with an intent to impede a public official from fulfilling their duties.
• While the selection criteria for offenses suitable for community service remains unclear, the implementation aims to keep first-time convicts and those charged with minor crimes out of prison, considering that a significant portion of India’s prison population comprises undertrials. Notably, the legislation does not specify the nature of community service, leaving it to the discretion of the judiciary.
• Additionally, the law now recognizes sexual intercourse with a minor wife as rape. Previously, the IPC only offered one exception for marital rape— intercourse with a wife under 15 years old. Following the SC’s 2017 ruling that this age limit contradicted child rape laws under the POCSO Act, the new law addresses the ambiguity surrounding 15-18 years old married girls within the IPC framework.
• The inclusion of offenses related to mob-lynching is a pivotal step indicating legislative acknowledgement of such hate crimes.
• Promoting video-conferencing for trials and establishing timeframes to expedite proceedings is expected to enhance the justice system; however, the success will hinge on effective on-ground implementation.

Other Points of Contention

• The government recently announced significant changes to three laws, notably removing references to sedition. This move came after the Supreme Court’s 2022 decision that put the sedition law on hold, considering it potentially unconstitutional.
• Despite claims by the government, the new legislation expands the definition of the offense, aligning it with the Supreme Court’s 1962 Kedarnath Singh case guidelines, which justify the constitutional validity of the sedition law. The law in Hindi now adopts the term “deshdroh” (rebellion against the nation) instead of “rajdroh” (rebellion against the king).
• A crucial issue arising with the introduction of new criminal laws pertains to the absence of legal provisions addressing rape cases involving male victims. Notably, the revised laws omit the controversial Section 377 of the Indian Penal Code, related to “carnal intercourse against the order of nature.” Following a landmark judgment in 2018, the court had limited the scope of Section 377, but it remains applicable in cases of non-consensual sex, particularly concerning male victims. The current lack of gender-neutral rape laws further limit legal remedies for male survivors of sexual assault.

New Criminal Codes: The new compact

Why is it in the news?

• Starting from July 1, a significant transition unfolds. The Bharatiya Nyaya Sanhita, the Bharatiya Nagrik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam have now taken over from the Indian Penal Code of 1860, the Criminal Procedure Code of 1973, and the Indian Evidence Act of 1872.
• These longstanding laws have delineated the citizens’ contract with the state for more than a century, emphasizing the establishment of the rule of law and the apparatus of coercion that accompanies it. However, India’s criminal justice system has long been in dire need of reform, as evidenced by the increasing number of undertrials in prisons, victims awaiting justice for extended periods, and overloaded courtrooms. The introduction of new codes marks a pivotal moment.

More about the news

• Several crucial reforms have been introduced, such as the inclusion of community service as an alternative to traditional punishment, mandatory summary trials for minor offenses, video-conferencing for trials, setting timelines for swift trials, as well as addressing offenses like mob-lynching and child marital rape. Despite these advancements, there are areas that require further attention.
• In July 2020, an expert panel established by the Ministry of Home Affairs initiated a detailed public consultation on crucial issues like criminalizing marital rape, gender-neutralizing sexual offenses, considering euthanasia legalization, and reevaluating sedition laws. While many significant proposals did not materialize in the new codes due to various challenges, there are ongoing discussions at the state level, such as in Karnataka and Uttar Pradesh, highlighting specific concerns and discrepancies in the implementation of the new laws.
• The process of debating the new legislation must extend beyond parliamentary discussions to accommodate input from citizens and civil society. Their active engagement in the implementation process is essential to detect any potential abuse or misuse of the laws. Recognizing that criminal justice reform is an ongoing process, it is vital for the government to respond to feedback constructively, rather than viewing it through political factions.
• In addition to legislative changes, reform efforts necessitate improvements in police practices, enhancing awareness, and addressing deficiencies in judicial infrastructure to achieve the desired outcomes. The journey toward comprehensive reform is continuous and calls for laws that can adapt to the evolving needs of the governed population. July 1 signifies the commencement of this transformative process.

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UPSC CURRENT AFFAIRS – 01 July 2024

GS Paper 3:

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India adds 641 new animal species, 339 new plant taxa in 2023

Why is it in the news?

• Union Minister for Environment Forest and Climate Change Bhupendra Yadav, along with director Zoological Survey of India Dhriti Banerjee and Director Botanical Survey of India A.A. Mao, at an event unveiled the animal and plant discoveries of 2023.

A Taxa refers to a sub-species or variety of a plant species.

• India has added 641 new species to its fauna in 2023, which includes 442 entirely new species and 199 species newly recorded in the country.
• Additionally, 339 plant taxa have been added to India’s database, comprising 326 species and 13 infraspecific taxa. Among these, 171 taxa are new to the scientific community, and 168 taxa represent new distributional records from India.

Botanical Survey of India (BSI): ·       Role: Apex research organization under the Ministry of Environment, Forests, and Climate Change (MoEFCC). ·       Focus: Conducts taxonomic and floristic studies on the wild plant resources of India. ·       Established: 1890. ·       Headquarters: Kolkata, West Bengal. ·       Regional Circles: Nine regional circles located across different regions of the country.   Zoological Survey of India (ZSI): ·       Role: Subordinate organization under the MoEFCC. ·       Focus: National center for faunistic surveys and exploration of India’s faunal diversity. ·       Established: 1916. ·       Headquarters: Kolkata, West Bengal. ·       Regional Stations: Sixteen regional stations across various geographic locations in the country.

 More about the news:

About Curcuma kakchingense Discovery and Characteristics: ·       Curcuma kakchingense is a newly discovered flowering plant species discovered along the banks of the Sekmai River in the Kakching District of Manipur.in Manipur. ·       It belongs to the angiospermic family Zingiberaceae, which includes plants like turmeric (Curcuma), gingers, and cardamom. ·       This robust plant can grow up to eight feet tall and features a large terminal inflorescence. ·       The plant closely resembles Curcuma longa (“Yaingung”) and Curcuma phrayawan from Thailand but is distinguished by its lemon-yellow rhizomes with a very bitter taste. ·       It is classified as “Data Deficient” (DD) under the IUCN Red List category.   Importance of Curcuma Plants ·       Culinary and Medicinal Uses: Several Curcuma species, including turmeric (Curcuma longa), are highly valued in cuisines and traditional medicines. ·       Other Applications: They are also used as spices, dyes, perfumes, cosmetics, and ornamental plants. ·       Curcumin Benefits: Curcumin and various curcuminoids found in Curcuma species are nontoxic polyphenolic compounds with biological activities. ·       The essential oil of Curcuma species has diverse pharmacological properties, including anti-inflammatory, anti-cancer, anti-diabetic, anti-hepatotoxic, anti-diarrheal, carminative, diuretic, anti-rheumatic, hypotensive, antioxidant, antimicrobial, antiviral, and insecticidal effects.   About Asystasia venui: ·       Asystasia venui (Justicieae: Acanthaceae), a new species is described and illustrated from West Bengal, India. ·       Phenology:—Flowering and fruiting from September to December. ·       Habitat: — The new species grows along lakes in shady area at an elevation of about 10 m. ·       Etymology:—The new species is named after Dr Potharaju Venu, Former Senior Scientist of Botanical Survey of India, for his significant contribution to the taxonomy of Indian Acanthaceae .

• Floral Discoveries: Notable plant discoveries in 2023 include Curcuma kakchingense, a new turmeric species found in Kakching, Manipur, and Asystasia venui, a flowering plant found in the Acharya Jagdish Chandra Bose Indian Botanic Garden in Howrah, West Bengal.
• Faunal Discoveries: Key animal discoveries include Capra himalayensis, confirming that the Himalayan Ibex is a distinct species from the Siberian Ibex, and Miniopterus srinii, a new bent-winged bat species discovered in the Kodagu district of Karnataka.

About Himalayan Ibex (Capra sibirica hemalayanus): ·       Species: The Himalayan Ibex is a subspecies of the Siberian Ibex (Capra sibirica). ·       Habitat: Found in montane environments across Asia, ranging from elevations of 500 m to 6,700 m. ·       Distribution: Ø  Countries: India, Kazakhstan, Tajikistan, Mongolia, Pakistan, Southern Siberia, and China. Ø  In India: Predominantly in the trans-Himalayan regions of Ladakh, Jammu and Kashmir, and Himachal Pradesh up to the Sutlej River. ·       Threats: Illegal hunting, Human disturbance, Habitat degradation and Competition for food with domestic livestock. ·       Conservation Status: Listed as “Least Concern” by the International Union for Conservation of Nature (IUCN).   About Miniopterus srinii:

 

• Most new animal species were discovered in southern India, with Kerala leading the pack with 101 additions (74 completely new species, 27 new records), followed by West Bengal with 72 new species, and Tamil Nadu with 64 species.
• The majority of the new fauna discoveries fall under the invertebrate category, with 564 new species recorded in 2023; only 77 vertebrate species were discovered, primarily fish species.

 

·       “The trend of new discoveries remains consistent with previous years, with insects dominating among invertebrates with 369 species, and fishes leading among vertebrates with 47 species, followed by reptiles, amphibians, mammals, and birds,” in accordance with Animal Discoveries 2023, an annual publication by the Zoological Survey of India.

 

• West Bengal reported the highest number of new plant discoveries, with 52 new taxa, followed by Kerala and Uttarakhand. New discoveries include wild relatives of various significant horticultural, agricultural, medicinal, and ornamental plants like begonias, impatiens, legumes, zingibers, and orchids.

 

·       According to Plant Discoveries 2023, Western Ghats and North Eastern Regions contributed 14% of the total discoveries, with 106 angiosperms, 2 pteridophytes, 16 bryophytes, 44 lichens, 111 fungi, 50 algae, and 10 microbes being recorded.

 

Fauna of India Checklist Portal: ·       The Zoological Survey of India (ZSI) launched the ‘Fauna of India Checklist Portal,’ a pioneering initiative that encompasses all faunal species reported from India. ·       The portal includes 121 checklists covering 36 phyla, providing information on 104,561 species across various states and union territories of India.

• In addition to the publications, the Environment Minister launched the ‘Fauna of India Checklist Portal’, encompassing 121 checklists of all known taxa, covering 36 phyla and providing information on all 1,04,561 animal species in India. The list also includes endemic, threatened, and scheduled species.
• Highlighting the significance of preserving not only threatened species but also bio-geographic zones across the country, Mr. Yadav emphasized that the interaction of specific trees with their environment through specialized characteristics is not random, based on research findings.

Researchers develop eco-friendly supercapacitors from Coconut Husks

Why is it in the news?

• Researchers at the Government College for Women, Thiruvananthapuram, have created a method to produce activated carbon from coconut husks, a prominent agricultural byproduct in Kerala, for use in eco-friendly supercapacitors.
• The coconut husk-derived activated carbon shows significant potential for sustainable and efficient supercapacitors, offering advantages such as cost-effectiveness, eco-friendliness, and local availability.

More about the news

• Supercapacitors, known for their higher energy storage capabilities compared to traditional capacitors, play a crucial role in sustainable energy storage solutions. However, finding an ideal electrode material for supercapacitors has been challenging.
• The research team has discovered that the supercapacitors made from activated carbon derived from coconut husks outperformed existing supercapacitors by four times.
• Through the use of an advanced microwave pyrolysis reactor, the team was able to produce high-quality carbon in just five minutes, eliminating impurities and achieving zero waste.
• This novel approach not only saves time but also yields activated carbon with a remarkable surface area of 1,200 m² g⁻¹ and highly porous structures, making it ideal for various applications. The device’s high-power output can sustain two LEDs for 20 minutes, as noted by the researchers.

·        Their research findings have been featured in the peer-reviewed Sustainable Resource Management Journal by the American Chemical Society.

 

• The activated carbon produced through microwave technology is cost-effective and exhibits excellent supercapacitor properties.
• The innovative microwave-assisted production method has paved the way for new avenues in activated carbon production, now being considered for an Indian patent.

(Schematic illustration of the synthesis of activated carbon)

·        The Centralised Common Instrumentation Facility (CCIF), funded by the State government, provides advanced equipment like the Nuclear Magnetic Resonance (NMR) spectrometer, Brunauer-Emmett-Teller (BET) analyzer, fluorometer, electrochemical workstation, and PCR machines. ·        The facility has already benefitted researchers from over 50 colleges, six universities, and six national institutes.

Weaponizing PMLA: On the Hemant Soren Case

Why is it in the news?

• The recent release on bail of former Jharkhand Chief Minister Hemant Soren sheds light on concerning practices within the Enforcement Directorate.
• The agency’s approach of utilizing money-laundering charges against political opponents for the sake of arrest comes into question.
• Under the Prevention of Money Laundering Act (PMLA), bail is only granted if the court establishes that there is no substantial basis to believe that the accused is guilty of the offense.
• Misusing such legal provisions against political figures can severely impact their freedom.

 

Hemanth Soren Case

• In this case, he spent five months in custody and had to step down as Chief Minister due to his impending arrest. Despite the significant implications, when bail is approved, it results in considerable embarrassment for the prosecution and the government, as it indicates a preliminary determination of the accused’s innocence.
• Justice Rongon Mukhopadhyay of the Jharkhand High Court examined the details of the case and granted bail on the grounds that there is no substantial evidence to incriminate Mr. Soren. The Enforcement Directorate instigated a PMLA case against him, stemming from a police inquiry regarding forgery and document falsification involving a revenue inspector and his associates. The agency asserted that they thwarted the illicit acquisition of 8.86 acres of land, believed to belong to Mr. Soren, land which he was purportedly in possession of since 2010.
• Furthermore, the court queried why individuals allegedly wrongfully removed from the land failed to seek legal recourse, even during periods when Mr. Soren was not in a position of power. It also dismissed the agency’s assumption that Soren intended to construct a banquet hall on the property, solely based on a plan sketch retrieved from one of the accused individuals’ phones.
• Additionally, the court rejected the Enforcement Directorate’s claim that Soren orchestrated a scheme involving Raj Kumar Pahan to transfer the land into Pahan’s ownership, exonerating Soren from any wrongdoing.
• While the High Court’s conclusions may undergo further review or revision during the trial, they do signal questionable rush on the part of central agencies in detaining political figures based on conjecture and implications.

 

About Directorate of Enforcement (ED): ·       The Enforcement Directorate (ED) is a premier financial investigation agency under the Ministry of Finance’s Department of Revenue, mandated to investigate money laundering, foreign exchange violations, and economic offenses. ·       It enforces key legislation including- 1.        Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) 2.       Foreign Exchange Management Act, 1999 (FEMA) 3.       Prevention of Money Laundering Act, 2002 (PMLA) 4.       Fugitive Economic Offenders Act, 2018 (FEOA)   Prevention of Money Laundering Act, 2002 (PMLA): ·       PMLA enacted in accordance with Financial Action Task Force (FATF) recommendations and is a legislation passed by the Parliament of India to prevent money laundering and enable the seizure of assets acquired through money laundering activities. ·       It targets financial crimes associated with activities like drug trafficking, smuggling, and financing terrorism.   Functioning of the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA): Powers of ED: ·       Search and Seizure: ED conducts searches and seizes properties, money, and documents under Sections 16 (power of survey) and 17 (search and seizure) of the PMLA upon establishing money laundering. ·       Arrest Powers: Based on findings, ED decides on arrests under Section 19 of the PMLA. ·       Direct Action: Section 50 allows ED to conduct search and seizure directly without summoning the individual first. ·       Prosecution Process: If arrested, ED has 60 days to file a prosecution complaint; otherwise, it must submit the complaint along with the attachment order within the same period.   Expansion of ED’s Powers under PMLA: ·       Since 2002, the PMLA schedule has expanded from six to 30 offences, empowering ED to investigate crimes ranging from terrorism to copyright infringement. ·       Amendments in 2009 included ‘criminal conspiracy’, enabling ED to probe conspiracy cases. ·       Further amendments in 2015 and 2018 allowed ED to seize Indian properties linked to laundered money acquired abroad and attach properties earned through criminal activities. ·       In April 2023, the scope was extended to cover Virtual Digital Assets (VDA) and cryptocurrencies, giving ED authority over entities dealing in these areas. ·       July 2023 amendments integrated Goods and Services Tax Network (GSTN) into PMLA, facilitating information exchange among GSTN, ED, and other agencies.   Comparison of ED’s Powers with CBI/NIA: ·       PMLA grants ED jurisdiction over offences nationwide without state government consent, unlike the Central Bureau of Investigation (CBI), which requires state authorization or court/CVC orders. ·       Similar to the National Investigation Agency (NIA), ED can take suo motu cognizance across the country, but NIA’s mandate is limited to specific offences under its act.   Contentious Provisions: ·       The admissibility of accused statements as evidence and stringent bail provisions under PMLA have sparked debate. ·       Unlike other repealed laws (e.g., TADA, POTA), PMLA allows statements recorded before investigating officers to be admissible in court. ·       The bail provision, initially restrictive, was revised by the Supreme Court to prevent prejudging trial outcomes at the bail stage.

Court on climate right and how India can enforce it

Why is it in the news?

• The recent landmark ruling in K. Ranjitsinh and Ors. vs Union of India & Ors. by the Supreme Court of India has injected new energy into the realm of climate change jurisprudence in the country.
• By recognizing the constitutional right to ‘be free from the adverse effects of climate change’ anchored in the rights to life and equality, the court has set the stage for a more holistic approach to governance and protection of the environment.
• As India stands at the cusp of reevaluating its priorities and policy landscape, the Ranjitsinh case presents a unique opportunity for a more structured and comprehensive framework to address climate change challenges.

 

An Analysis

• The judgment, which centres around the construction of electricity transmission lines in the habitat of the endangered Great Indian Bustard, not only underscores the need to balance renewable energy initiatives with environmental conservation but also establishes a new legal precedent – the ‘climate right.’
• While the ruling heralds a significant step towards empowering citizens to demand climate protection from the government, it also raises pertinent questions regarding the broader spectrum of climate action.

 

·        Are clean energy solutions the panacea for climate resilience, or should equal emphasis be placed on adaptation and local environmental sustainability? ·        How can the newly recognized climate right be safeguarded effectively, and what implications does it hold for the governmental agenda moving forward?

 

• The path ahead offers two potential trajectories: a gradual evolution of judicial pronouncements to reinforce climate rights or the enactment of dedicated climate legislation. While the former may lead to piecemeal safeguards reliant on subsequent policy developments, the latter holds promise in providing a comprehensive legislative framework to guide future climate actions. Drawing lessons from global practices, a climate legislation tailored to the Indian context could bridge the gap between climate imperatives and local realities.
• India’s transition towards a greener future, as emphasized in the Ranjitsinh case, necessitates more than just a shift towards clean energy. It calls for robust regulatory mechanisms supporting sustainable urbanization, resilient infrastructure, adaptive agriculture practices, and ecosystem preservation.

 

·        Climate legislation should not only align with international standards but also embed socio-economic equity at its core to drive inclusive climate action.

 

• As India navigates the complex terrain of climate governance, a nuanced approach blending judicial wisdom with legislative foresight holds the key to effective climate enforcement. By crafting a bespoke legal framework, India can proactively steer towards a climate-resilient future while upholding the constitutional right to a safe and sustainable environment.
• In India, there is much to learn from global practices, both what to avoid and what paths to embrace. Unlike many nations that focus on carbon emissions regulation based on models like that of the UK, India requires a unique approach due to its development stage, vulnerability, and infrastructure needs.
• Instead of a narrow regulatory law, India needs a law that promotes progress towards both low-carbon and climate-resilient development. This entails an enabling law that encourages development decisions across various sectors by assessing their alignment with low-carbon growth and climate resilience. Not solely focused on mitigation, this approach stresses adaptation as well.
• Hence, an enabling law in India would be process-oriented, establishing mechanisms to integrate climate change considerations into different sectors and engage diverse stakeholders through knowledge-sharing, transparency, public participation, and expert input.
• To effectively address climate challenges, the law must also function harmoniously within the framework of Indian federalism, supporting national action while empowering States and local governments with necessary resources.
• Beyond governmental action, an effective Indian climate law should involve businesses, civil society, and communities impacted by climate change, leveraging their expertise in transitioning to clean energy and building resilience.
• Enabling participatory decision-making processes would integrate diverse perspectives into climate action. These principles lay the foundation for a climate law customized for India, aligning with the Ranjitsinh judgment’s vision.

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