AMIGOS IAS Daily CA (3^rd August 2024)

Legal Challenges to the Great Nicobar Infrastructure Project

GS 3: Economy/Environment & Biodiversity: Great Nicobar Project

Why is it in the news?

• The Central government’s Rs 72,000 crore Great Nicobar Island (GNI) infrastructure project includes an airport for civilian and defense use, an international container transshipment terminal, and a township.
• The project has faced legal challenges in the National Green Tribunal (NGT) and the Calcutta High Court, which oversee the Andaman and Nicobar Islands.
• Recently, the Andaman and Nicobar Islands Integrated Development Corporation Limited (ANIIDCO), the project’s implementing agency, submitted an affidavit to the NGT’s Kolkata bench with conclusions from a high-powered committee (HPC) formed in 2023.
• The HPC concluded that the transshipment port does not fall within the prohibited Island Coastal Regulation Zone-IA (ICRZ-IA).

More about the news

• In 2022, environmental activist Ashish Kothari and the Mumbai-based non-profit Conservation Action Trust (CAT) challenged the environmental and Coastal Regulation Zone clearances for the GNI project.
• They argued that the project would cause irreversible biodiversity damage, had inadequate environmental impact studies, and involved a non-transparent clearance process.
• Further, concerns were raised about the project’s impact on the Shompen and Nicobarese tribal communities, with accusations of inadequate assessment and non-compliance with statutory requirements.
• However, the NGT’s special bench, led by chairperson Adarsh Kumar Goel, found no grounds to interfere with the forest clearance, balancing development needs with environmental concerns. The bench highlighted deficiencies in coral conservation, the port’s location in a prohibited area, and limited baseline data.
• An HPC led by the Ministry of Environment, Forest and Climate Change (MoEFCC) Secretary was formed to address these issues, with a directive that no irreversible work should proceed until the report is submitted. The project is also linked to India’s strategic interests in the Indian Ocean amid concerns about Chinese naval expansion.
• In May, Kothari filed two petitions with the NGT’s eastern bench. One challenged the inclusion of project areas in ecologically sensitive coastal zones under the 2019 ICRZ notification. The other petition claimed the MoEFCC was in contempt of the NGT’s April 2023 order by not updating on the HPC’s findings or issuing new orders. ANIIDCO responded with a counter affidavit, and the MoEFCC sought additional time for a response.
• Further, the CAT filed a writ petition in the Calcutta High Court challenging the NGT’s April 2023 order, arguing that the special bench lacked jurisdiction over forest clearance issues and that the case should have been handled by the eastern zone.
• CAT also claimed its counsel was not properly heard and that the NGT improperly delegated decision-making to an administrative expert committee, contrary to Supreme Court rulings that the NGT cannot delegate its judicial functions.

Additional Information:

What is Great Nicobar Island project?

• The Great Nicobar Island (GNI) Project is a mega project to be implemented at the southern end of the Andaman and Nicobar Islands.
• A pre-feasibility report identified the potential to utilize the strategic location of Great Nicobar Island, leading to its holistic development following recommendations from NITI Aayog.
• The project includes an international container transshipment terminal, a greenfield international airport, township development, and a 450 MVA gas and solar based power plant over an extent of 16,610 hectares in the island.
• The project is overseen by a government entity, the Andaman and Nicobar Islands Integrated Development Corporation (ANIIDCO).
• Although NITI Aayog introduced the current project, the concept of developing a port in Great Nicobar dates back to the 1970s, with the primary goal of strategically placing a port near the busy Malacca Strait to enhance participation in global maritime trade.

What motivates the government to prioritize the development of this island?

• Economic reasons: As per the NITI Aayog report, the proposed port will allow Great Nicobar to participate in the regional and global maritime economy by becoming a major player in cargo transshipment.
• The government’s greater goal is to leverage the locational advantage of the island for economic and strategic reasons.
• Great Nicobar’s strategic location, equidistant from Colombo and Port Klang/Singapore, places it along the East-West international shipping corridor, making it a potential hub for global shipping trade through the proposed ICTT.
• Strategic & Security reasons:
• The proposal to develop Great Nicobar was first floated in the 1970s, and its importance for national security and consolidation of the Indian Ocean Region has been repeatedly underlined.
• Increasing Chinese assertion in the Bay of Bengal and the Indo-Pacific has added great urgency to this imperative in recent years.
• Close surveillance of the entire area around the archipelago, and the building up of a strong military deterrence at Great Nicobar is of vital importance to India’s national security.

Environmental Concerns:

•  Impact on Biodiversity:
• Critics raise concerns about the project’s potential harm to the rich biodiversity and habitats of endangered species in Coastal Regulation Zones-IA and IB, including the Galathea Bay, a critical bird nesting site, and turtle nesting areas.
• Impact on Tree Cover and Mangroves:
• Environmentalists highlight the risk of loss of tree cover and mangroves on the island due to the development project. This loss could disrupt local flora and fauna and increase ocean runoff and sedimentation, impacting nearby coral reefs.

Assessment Issues:

• Insufficient Environmental Assessment:
• Critics point out that the project’s environmental impact assessment relied on data from only one season, rather than the standard requirement of three seasons for a comprehensive assessment. They argue that the assessments did not adhere to the Terms of Reference (ToR).
• Tribal Space Encroachment:
• Despite protections for Particularly Vulnerable Tribal Groups (PVTGs), critics argue that development activities encroach upon their territories, exacerbating challenges faced by these marginalized communities.
• Seismic Concerns
• Many experts have highlighted that the proposed port is in a seismically volatile zone, which experienced a permanent subsidence of about 15 ft during the 2004 tsunami.

For further more information refer article on 25/07/2024 – The NITI Aayog’s Project in Great Nicobar

UPSC Civil Services PYQ’s:

Prelims

Q. Which of the following have coral reefs? (2014)

1. Andaman and Nicobar Islands

2. Gulf of Kachchh

3. Gulf of Mannar

4. Sunderbans

Select the correct answer using the code given below:

(a) 1, 2 and 3 only

(b) 2 and 4 only

(c) 1 and 3 only

(d) 1, 2, 3 and 4

Answer: A

Q. Which one of the following pairs of islands is separated from each other by the ‘Ten Degree Channel’? (2014)

(a) Andaman and Nicobar

(b) Nicobar and Sumatra

(c) Maldives and Lakshadweep

(d) Sumatra and Java

Answer: A

Q. In which one of the following places is the Shompen tribe found? (2009)

(a) Nilgiri Hills

(b) Nicobar Islands

(c) Spiti Valley

(d) Lakshadweep Islands

Answer: B

Gender issue: Imane Khelif vs Angela Carini boxing match controversy

GS 2: Miscellaneous: Gender Issues

Why is it in the news?

• Recently, Algeria’s Imane Khelif defeated Italy’s Angela Carini in just 46 seconds during their boxing match, leading to significant controversy.
• Khelif has faced abuse and speculation regarding her gender, with some incorrectly identifying her as a transgender woman and accusing her of having an unfair advantage.
• Despite the uproar, the Olympics committee has supported Khelif’s status as a female athlete, adhering to the gender stated in her passport.

More about the news

• In 2023, Khelif and Chinese Taipei’s Lin Yu-ting were banned from competing in the International Boxing Association’s (IBA) World Championship after failing a confidential “gender eligibility” test.
• However, with the IBA’s derecognition by the International Olympic Committee (IOC) and the new eligibility rules for the Paris Olympics, Khelif and Lin were allowed to compete as their gender is listed as female in their passports.
• The IOC has stated that all athletes comply with the current regulations, and criticized the IBA’s previous decision as arbitrary.
• Gender eligibility in women’s sports is contentious due to physiological differences between men and women. Testosterone, primarily produced in males, is linked to increased muscle mass and athletic performance.
• Some individuals with Disorders of Sex Development (DSDs) have higher testosterone levels or carry XY chromosomes but are born with female reproductive organs, complicating eligibility criteria. The debate revolves around ensuring fair competition without excluding athletes with natural variations.
• The IOC’s 2021 guidelines left it to individual sports federations to create their own eligibility rules, emphasizing fairness, inclusion, and evidence-based decisions. For instance, World Athletics regulates testosterone levels for athletes with DSDs, while other bodies like FINA (the world swimming body) and the International Cycling Union have implemented bans or restrictions on trans women athletes.
• The impact of testosterone on sports performance remains an area of ongoing debate, with comparisons made to other natural genetic advantages.

Governor should be a bridge between Centre and State: PM

GS 2: Polity and Governance: Role of Governor

Why is it in the news?

• Prime Minister Narendra Modi urged Governors to act as effective bridges between the Centre and State governments during a two-day Conference of Governors.

More about the news

• Addressing the conference, which was inaugurated by President Droupadi Murmu at Rashtrapati Bhavan, Modi highlighted the importance of the Governor’s role in enhancing welfare, particularly in tribal areas, and encouraged Governors to interact with people and social organizations to support underprivileged communities.
• President Murmu emphasized the need for better coordination among Central agencies and urged Governors to promote this within their states. She noted that the conference would tackle critical issues essential for achieving national goals and improving Centre-State relations.
• Murmu also spoke about the new era in criminal justice introduced by recent laws and stressed the role of Governors as Chancellors of State universities in contributing to educational reforms under the National Education Policy.
• Vice-President Jagdeep Dhankhar and Union Home Minister Amit Shah also addressed the conference. Dhankhar encouraged Governors to inform the public about social welfare schemes and recent developments, while Shah highlighted the Modi government’s efforts to enhance coordination between the Centre and States to better serve the population.

Additional Information:

Constitutional Provisions regarding Governor in India:

• The Indian Constitution details all aspects of the Governor’s office, including appointment and powers, within Part VI (Article 153 to Article 162).
• Appointment: The Governor is appointed by the President of India and serves at the pleasure of the President (Article 155).
• Article 154 vests executive power in the Governor to be exercised in accordance with the Indian Constitution.
• Qualifications: The Governor must be an Indian citizen, at least 35 years old, and cannot hold any office of profit (Article 157).
• Term: The Governor shall hold office during the pleasure of the President, but his normal term of office will be five years (Article 156).
• Powers and Functions of the Governor:
• Executive Functions: The Governor appoints the Chief Minister and Council of Ministers, and allocates portfolios among them (Article 164).
• Legislative Functions: The Governor summons and prorogues the state legislature, addresses it, and lays down its policy. He/she also has the power to dissolve the Legislative Assembly (Article 174).
• Financial Functions: The Governor presents the Annual Financial Statement (budget) to the State Legislature and deals with money bills (Article 202).
• Discretionary Powers: The Governor exercises discretionary powers, such as appointing the Chief Minister when no party has a clear majority after elections (Article 164).

UPSC Civil Services PYQ’s

Prelims

Q. Consider the following statements: (2018)

1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.

2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: C

Q. Which of the following are the discretionary powers given to the Governor of a State? (2014)

1. Sending a report to the President of India forimposing the President’s rule

2. Appointing the Ministers

3. Reserving certain bills passed by the State Legislature for consideration of the President of India

4. Making the rules to conduct the business of the State Government

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 1 and 3 only

(c) 2, 3 and 4 only

(d) 1, 2, 3 and 4

Answer: B

Q. Which one of the following statements is correct? (2013)

(a) In India, the same person cannot be appointed as Governor for two or more States at the same time

(b) The Judges of the High Court of the States in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President

(c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post

(d) In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support

Answer: C

India selects 2 crew members for Axiom-4 mission to ISS

GS 3: Science and Technology: Space

Why is it in the news?

• Indian astronaut-designates Group Captain Shubhanshu Shukla and Group Captain Prasanth Balakrishnan Nair have been selected for the Axiom-4 mission to the International Space Station (ISS). They will undergo training in the U.S. for this private astronaut mission.
• Shukla will serve as the prime mission pilot, while Nair will be the backup.

More about the news

• The mission aligns with the India-U.S. joint space cooperation envisioned during Prime Minister Narendra Modi’s visit to the U.S. in June 2023.
• The Human Space Flight Centre (HSFC) of ISRO has entered into a Space Flight Agreement with Axiom Space Inc. to facilitate the mission. The Multilateral Crew Operations Panel will provide final approval for the astronauts, who will start their training in early August.
• During the Axiom-4 mission, the crew will conduct scientific research and technology demonstration experiments aboard the ISS and engage in space outreach activities.
• The mission is expected to advance India’s Human Space Program and strengthen collaboration between ISRO and NASA.
• Moreover, both Shukla and Nair are also part of the selected crew for India’s Gaganyaan mission. Shukla, a fighter combat leader and test pilot, has over 2,000 hours of flying experience, while Nair, with about 3,000 flying hours, has been a flying instructor and a test pilot.

Additional Information:

What is the Axiom-4 (Ax-4) Mission?

• NASA and Axiom Space have signed an agreement for the fourth private astronaut mission to the ISS using SpaceX Crew Dragon spacecraft, set to launch in August 2024 from Kennedy Space Center, Florida.
• As part of the Artemis Accords, NASA will provide advanced training to Indian astronauts at one of its facilities, coinciding with a mission that plans to dock with the ISS for a fourteen-day stay.
• This training will focus on spacecraft systems and emergency preparedness.

About International Space Station:

• The International Space Station (ISS), a multi-nation modular space station, was launched in 1998 and its main construction was completed by 2011.
• Modular design allows adding or removing modules for greater flexibility.
• Orbiting in Low Earth Orbit at an altitude of approximately 430 kilometers, it passes over 90% of the Earth’s population.
• It is a collaboration between 15 countries and five space agencies: NASA (US), Roscosmos (Russia), ESA (Europe), JAXA (Japan), and CSA (Canada).
• It serves as a large laboratory in space, hosting astronauts for extended periods to conduct microgravity experiments aimed at advancing medicine, technology, science, and our understanding of Earth and the universe.
• The station is divided into two sections:
• The Russian Orbital Segment (ROS) – Operated by Russia,
• The United States Orbital Segment (USOS) – Operated by the US as well as many other nations.
• The ownership & use of the space station is established by intergovernmental treaties & agreements.

About Gaganyyan:

• Gaganyaan, an ISRO mission, will send three flights into orbit—two unmanned and one human spaceflight—featuring an Orbital Module with three Indian astronauts, including a woman.
• This mission will be launched using the GSLV Mk III, also known as LVM-3, a three-stage heavy-lift launch vehicle with the required payload capability.
• It will orbit Earth at an altitude of 300-400 km for 5-7 days.
• It’s success would make India the fourth nation to achieve human spaceflight capability, after Russia, the US, and China.
• Significance of Gaganyaan:
• Enhances science and technology levels in India and inspires youth.
• Involves numerous agencies, laboratories, disciplines, industries, and departments.
• Boosts industrial growth.
• A new organization, IN-SPACe, was announced in 2021 to increase private participation in the space sector.
• Supports development of technology for social benefits and also improves international collaboration.
• Promotes regional ecosystems to address food, water, and energy security needs.

On the ‘Right to be Forgotten’ from Judicial Records

GS 2: Polity and Governance: Right to be forgotten

Why is it in the news?

• On July 24, 2024, the Supreme Court of India, led by Chief Justice D.Y. Chandrachud, agreed to review whether the “right to be forgotten” should extend to judicial records, which are typically public documents.

More about the news

• The Bench has stayed a Madras High Court judgment instructing the removal of a rape acquittal verdict from the Indian Kanoon legal search portal. The acquitted individual argued that the public availability of the judgment had adversely affected his Australian citizenship application.
• However, the Indian Kanoon contested this order, asserting that court records are public documents and that such broad removal orders could violate the principle of equality under Article 14 of the Constitution. The debate highlights the challenge of balancing individual privacy with public information rights.
• The right to be forgotten pertains to the removal of personal data from digital platforms, including search engine results and databases. In India, this right lacks statutory backing.
• Although the Digital Personal Data Protection Act, 2023, acknowledges the right to data erasure, it does not explicitly cover publicly available data or court records.
• The Madras High Court had previously extended the 2023 Act to judicial records, but Indian Kanoon challenged this interpretation, arguing that such records, made public under legal obligations, should be exempt.
• The experts argue that the current legal framework is inadequate, and hence to be relied on court intervention or requests to search engines for enforcement. This approach leaves fundamental rights balancing to private entities, which is problematic.
• The right to be forgotten’s roots trace back to the Supreme Court’s 2017 ruling, which recognized informational privacy as part of the right to privacy, integral to life and liberty. The Court acknowledged that this right does not entail complete erasure but allows individuals to request removal of data no longer relevant or in legitimate use.
• Internationally, the right to be forgotten gained traction with the EU’s General Data Protection Regulation (GDPR) of 2018 and a 2014 ruling by the Court of Justice of the European Union. These frameworks set precedents for data removal based on relevance and accuracy.
• In India, High Courts have delivered mixed rulings: some, like the Karnataka High Court in 2022, have mandated the removal or redaction of certain court details from online platforms, while others, like the Kerala High Court, argue against the right’s applicability to ongoing proceedings, emphasizing the principle of open justice.
• Moreover, recent judgments demonstrate varied approaches. The Himachal Pradesh High Court recently directed the redaction of names in a rape acquittal case, asserting that post-acquittal, individuals should not be perpetually burdened by past accusations.
• Similarly, the Delhi High Court ordered the removal of news articles related to a businessman acquitted in a 2018 case, reflecting ongoing judicial contention over the right’s scope.
• The inconsistency in judicial decisions underscores the need for clear guidelines. Hence, the Supreme Court needs to establish comprehensive standards to help High Courts apply consistent criteria and prevent potential tampering with court records by private entities.

Challenges Associated with Right to Be Forgotten (RTBF):

• Balancing Privacy and Information: The application of RTBF hinges on balancing individual privacy rights, derived from Article 21, with competing rights such as freedom of expression under Article 19.
• For instance, individuals may seek to remove links to their criminal records or journalistic reports, raising conflicts with media rights to report on public issues.
• Enforceability Against Private Entities: RTBF claims typically target private parties like media or news websites, prompting questions about the enforceability of fundamental rights against private individuals, a realm primarily governed by constitutional provisions like Article 15(2), Article 17, and Article 23.
• Ambiguity in Judicial Interpretations: In the absence of a comprehensive data protection law to codify RTBF, Indian courts have delivered inconsistent judgments, sometimes overlooking broader constitutional implications associated with the right.