AMIGOS IAS Daily Current Affairs (8^th August 2024)

Supreme Court to review PMLA verdict

GS 2: Polity and Governance: PMLA

Why is it in the news?

• The Supreme Court has agreed to review its decision upholding key provisions of the Prevention of Money Laundering Act (PMLA), 2002, with the review scheduled for August 28, 2024.
• Under Article 137 of the Constitution, the Supreme Court can review its judgments. Review petitions must be filed within 30 days of the ruling and are typically considered through written submissions by the same judges who passed the original verdict, rather than in open court.
• The Court rarely grants reviews, only doing so to correct glaring errors that are apparent on the record, such as relying on invalid case law.

More about the news

• This review concerns the Court’s July 27, 2022, ruling in Vijay Madanlal Choudhary v. Union of India, which upheld significant aspects of the PMLA.
• The decision supported the government’s stance on reversing the presumption of innocence for bail, validating amendments as a Money Bill under the Finance Act, and defining the Enforcement Directorate’s (ED) powers. Following this, a review petition was filed by Congress MP on August 25, 2022.
• A three-judge bench, including then Chief Justice N.V. Ramana and Justices Dinesh Maheshwari and C.T. Ravikumar, agreed that at least two issues raised warranted reconsideration.
• The review petition argues against the bail provisions that impose a reverse burden of proof on the accused, claiming that without an FIR, charge sheet, or relevant documents, the accused cannot effectively contest their guilt.
• Additionally, it challenges the interpretation of Section 50 of the PMLA, which allows ED officials to record statements on oath, classifying them as distinct from police officers and not requiring the provision of an Enforcement Case Information Report (ECIR) to arrested individuals.
• The petitioners believe the Court overlooked specific provisions granting the ED significant penal powers.

Additional Information:

About Prevention of Money Laundering Act, 2002 (PMLA):

• The Prevention of Money Laundering Act, 2002 (PMLA), serves as a crucial legislative framework to combat Money Laundering, became effective on July 1, 2005.
• Background: PMLA was enacted by Parliament under Article 253 to fulfil its international commitment, particularly under the Vienna Convention, in combating money laundering.
• It is a criminal law aimed at preventing money laundering and facilitating the confiscation of assets linked to such activities.
• The main objectives of the PMLA are:
• Prevent money laundering.
• Combat the funnelling of funds into illegal activities and economic crimes.
• Enable the confiscation of assets derived from or used in money laundering.
• Penalize offenders of money laundering.
• Establish an adjudicating authority and appellate tribunal to handle money laundering cases.
• Address connected and incidental matters related to money laundering.
• Key Agencies in India’s Anti-Money Laundering Framework:
• The Enforcement Directorate (ED), part of the Department of Revenue under the Ministry of Finance, investigates money laundering offences under the PMLA.
• The Financial Intelligence Unit–India (FIU-IND), also under the Department of Revenue, serves as the central national agency for receiving, processing, analysing, and sharing information on suspicious financial transactions.

What is Money Laundering?

• PMLA defines money laundering as the act of directly or indirectly engaging in, assisting with, or being involved in concealing, possessing, acquiring, using, or claiming crime proceeds as untainted property.
• It involves transforming illegal funds, like black money, into seemingly legitimate money, eventually presenting it as clean or white money.

UPSC Civil Services PYQ’s:

Prelims

Q. Which one of the following effects of creation of black money in India has been the main cause of worry to the Government of India? (2021)

(a) Diversion of resources to the purchase of real estate and investment in luxury housing

(b) Investment in unproductive activities and purchase of previous stones, jewellery, gold, etc.

(c) Large donations to political parties and growth of regionalism

(d) Loss of revenue to the State Exchequer due to tax evasion

Answer: D

Mains

Q. Discuss how emerging technologies and globalisation contribute to money laundering. Elaborate measures to tackle the problem of money laundering both at national and international levels. (2021)

Draft Broadcast Services Bill 2024

GS 2: Polity and Governance: Broadcasting service bill

Why is it in the news?

• The draft Broadcasting Services (Regulation) Bill, 2024, proposed by the Ministry of Information and Broadcasting, has raised significant concerns regarding freedom of speech.

More about the news

• The draft introduces stringent regulations on independent news creators on platforms like YouTube, Instagram, and X, expanding the scope beyond OTT content and digital news to include social media accounts and online video creators.
• This version of the bill, more extensive than the publicly released draft in November 2023, defines a “digital news broadcaster” broadly and requires prior registration with the government to set content standards.
• Under the new draft, independent news creators are categorized as “digital news broadcasters” if they distribute news and current affairs content systematically, a term broadly defined to encompass a range of activities. This new definition includes individual creators, unlike the 2021 IT Rules, which excluded them.
• The 2024 draft mandates that such creators inform the Ministry of Information and Broadcasting (MIB) about their operations and establish content evaluation committees at their own expense.
• Fines for non-compliance are substantial, with penalties of up to Rs 50 lakh for the first violation and Rs 2.5 crore for subsequent breaches. The bill also allows the government to exempt certain groups to avoid genuine hardship.
• Under the latest draft, OTT platforms are categorized as ‘publishers of online curated content’ and are regulated under IT Rules 2021, excluding news and current affairs programs from their purview.
• The government’s push to regulate independent creators is partly driven by their influence in the 2024 Lok Sabha elections, where some creators made sensational claims about the government. The rapid changes to the draft reflect the government’s response to the role of these creators in shaping public discourse.
• The bill also imposes new obligations on social media companies, including maintaining due diligence and compliance with government orders, while providing criminal liability for failing to furnish required information about OTT and digital news broadcasters.
• Comparatively, broadcasting regulations vary internationally. Singapore regulates both traditional broadcasters and OTT providers under its broadcasting law, while the U.S. Federal Communications Commission oversees traditional media, with OTT platforms largely unregulated at the federal level.

What is Article 19?

• Article 19 of the Constitution of India guarantees the right to freedom of speech and expression, subject to reasonable restrictions in the interest of various specified matters and is typically invoked against the state.
• Article 19(1) in The Constitution of India 1949, All citizens shall have the right
• to freedom of speech and expression;
• to assemble peaceably and without arms;
• to form associations or unions;
• to move freely throughout the territory of India;
• to reside and settle in any part of the territory of India; and
• omitted
• to practise any profession, or to carry on any occupation, trade or business.

UPSC Civil Services Mains PYQ

Q. What do you understand by the concept of “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss. (2014)

Vinesh Phogat’s Olympics disqualification

GS 3: Miscellaneous

Why is it in the news?

• Wrestler Vinesh Phogat’s disqualification from the Olympics highlights a critical issue in combat sports: weight cutting.
• Despite passing the weigh-in on Tuesday (6^th Aug), Vinesh was found to be slightly over the 50 kg limit on Wednesday (7^th Aug) morning, after struggling to shed excess weight overnight.
• This situation underscores the broader controversy surrounding weight cutting, a common practice in many combat sports like wrestling, boxing, judo, and mixed martial arts (MMA).

More about the news

• Weight classes are used in these sports to ensure fair competition by matching athletes of similar size and physical attributes. Without weight classes, larger athletes would have an inherent advantage, regardless of skill level.
• To meet weight class requirements, athletes undergo weigh-ins at designated times, with fluctuations in weight being a normal part of their training and preparation.
• Weight cutting involves athletes dramatically reducing their body weight in a short period, often through dehydration and extreme measures, to meet the weight limit for weigh-ins.
• This typically involves sweating out water weight through activities like intense exercise, sauna use, and restricted fluid intake.
• After weigh-ins, athletes quickly rehydrate and consume high-carb meals to gain weight before the actual competition, theoretically giving them a size advantage in the ring. However, scientific evidence supporting the benefits of this practice is inconclusive.
• The dangers of weight cutting are significant. Extreme dehydration can lead to serious health issues, including cardiovascular problems, brain injury, heat stroke, hormonal imbalances, and immune suppression. Instances like UFC fighter Uriah Hall’s severe health scare and the tragic death of MMA fighter Yang Jian Bing due to dehydration highlight these risks.
• There is ongoing debate about whether weight cutting should be banned. Some experts argue that it could be regulated or eliminated to protect athletes’ health, citing the risks associated with extreme practices.
• ONE Championship has implemented measures such as multiple weigh-ins and hydration testing to mitigate these dangers, serving as a potential model for other sports organizations.
• In contrast, other athletes believe that weight cutting can be done safely with proper planning and gradual reduction strategies. However, critics emphasize the lack of robust scientific research on the long-term effects of weight cutting, suggesting that even “safe” methods could have detrimental health impacts over time.
• Overall, while some sports organizations are taking steps to address the issue, the practice of weight cutting remains a contentious and potentially hazardous aspect of combat sports.Top of Form

About Vinesh Phogat & her Achievements:

• Vinesh, a 29-year-old wrestler from Haryana, is a three-time Olympian, competing across different weight categories in each Games.
• In Rio Olympics 2016, she competed in the 48 kg category, and in Tokyo 2020, she contested in the 53 kg category.
• She holds three gold medals across three Commonwealth Games (2014, 2018, 2022), each in different weight categories.
• In 2018, Vinesh became the first Indian woman wrestler to win gold at both the Commonwealth Games and the Asian Games.
• She has achieved two bronze medals at the World Wrestling Championships in 2019 and 2022.
• Vinesh made history as the first Indian woman wrestler to reach an Olympic final in 2024.

Google’s Antitrust Case and its implications

GS 3: Economy: Anti-competitive practices

Why is it in the news?

• Google has been found guilty in a significant antitrust case brought by the U.S. Department of Justice (DOJ), which challenged the company’s dominance in web search and advertising.
• The case, which lasted 10 weeks, saw major tech leaders debating whether Google’s market position was achieved through competitive merit or unfair practices.
• On August 5, 2024, U.S. District Judge Amit Mehta ruled that Google was indeed a monopolist, violating Section 2 of the Sherman Act.
• Section 2 of the Sherman Act prohibits individuals from monopolizing, attempting to monopolize, or conspiring to monopolize any part of interstate or international trade using improper methods.

More about the news

• The court found that Google maintained its search dominance through exclusive distribution agreements, paying over $26 billion in 2021 to secure default positions on browsers, mobile devices, and wireless carriers.
• The ruling stated that Google used its monopoly power to charge excessive prices for search ads, generating substantial monopoly profits. Although the court criticized Google for failing to preserve employee correspondence, it did not impose sanctions for this lapse and found no monopoly power in search advertising.
• Monopolistic practices can harm consumers by reducing market competition, leading to higher prices, and diminishing product quality.
• The court noted that Google’s lack of concern for quality degradation and its ability to make changes without losing users are indicative of monopolistic power. This can lead to reduced incentives for innovation and improvement, as consumers have fewer alternatives.
• The DOJ celebrated the ruling as a significant victory for American consumers, asserting that no company, regardless of its size or influence, is above the law. The DOJ, along with the Federal Trade Commission, is also pursuing antitrust actions against other major tech companies like Microsoft, OpenAI, and Nvidia.
• However, Google is expected to appeal the decision. The judge has yet to determine the penalties or remedies for Google’s monopolistic practices, with further proceedings scheduled to address appropriate actions. Additionally, a new antitrust trial will focus on Google’s ad technology.
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UPSC Civil Services Prelims PYQ:

Q. With reference to ‘consumers’ rights/privileges under the provisions of law in India, which of the following statements is/are correct? (2012)

1. Consumers are empowered to take samples for food testing.

2. When a consumer files a complaint in any consumer forum, no fee is required to be paid.

3. In case of death of consumer, his/her legal heir can file a complaint in the consumer forum on his/her behalf.

Select the correct answer using the codes given below:

(a) 1 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer: C

Chandrayaan-3 team, ex-IISc Director win top science awards

GS 3: Science and Technology: Vigyan Awards

Why is it in the news

• The Union government has announced the winners of the Rashtriya Vigyan Puraskar awards, recognizing outstanding contributions in science. This is the first set of awards since the reduction in their number in 2022.
• The awards, to be presented on August 23, National Space Day, commemorate Chandrayaan-3’s moon landing.

More about the news

• The Ministry of Science and Technology restructured the awards scheme earlier this year, introducing four categories: Vigyan Ratna for lifetime achievements, Vigyan Shri for distinguished contributions, Vigyan Yuva for exceptional young scientists, and Vigyan Team for collaborative achievements.
• G. Padmanabhan, noted biochemist and former Director of the Indian Institute of Science, has been honoured with the Vigyan Ratna.
• Thirteen scientists across various fields, including physics and biology, will receive the Vigyan Shri, and 18 young scientists will be recognized with the Vigyan Yuva award. The Chandrayaan-3 team from ISRO will receive the Vigyan Team award.
• The winners were selected through a nomination process managed by the Union Home Ministry’s awards portal.

Additional Information:

About Chandrayaan-3 Mission:

• Chandrayaan-3 marks India’s third lunar mission (follow-on mission to Chandrayaan-2), aiming for a second attempt to achieve a soft landing and roving on the moon’s surface.
• ISRO launched the Chandrayaan-3 mission using the Geosynchronous Satellite Launch Vehicle Mark III (GSLV Mk III/LVM III) from Sriharikota on July 14, 2023.
• The Lander Module of Chandrayaan-3, with the Lander Vikram and Rover Pragyan, successfully achieved a historic soft landing on the Lunar South Pole on August 23, 2023.
• India became the first country to land a spacecraft near the lunar south pole, joining the United States, the Soviet Union, and China as the fourth nation to achieve a soft landing on the Moon.
• It is a three-component mission consisting of a Propulsion Module, a Lander Module, and a Rover Module.
• Objectives of the Chandrayaan-3 mission are:
• Safe and Soft Landing on the Lunar Surface by the Lander
• Roving on the Moon by the Rover
• In-situ scientific experiments by the Rover

Methylocucumis oryzae

GS 3: Science and Technology: Bacteria

Why is it in the news?

• Global warming driven by methane is a significant environmental challenge, as methane is the second most impactful greenhouse gas, possessing 26 times the global warming potential of carbon dioxide.
• Key sources of methane include wetlands, ruminants, rice fields, and landfills. Methanogens, the bacteria that produce methane, play a crucial role in this process.
• However, certain bacteria known as methanotrophs can help mitigate this issue. These bacteria consume methane, converting it into less harmful substances such as carbon dioxide and water.

More about the news

• Recently, researchers have isolated and described India’s first cultures of the indigenous methanotroph Methylocucumis oryzae, found primarily in rice fields and wetlands in Western India.
• Methylocucumis oryzae is notable for its role in mitigating methane emissions. This Gram-negative bacterium, characterized by its oval, elongated shape that resembles a cucumber, uses methane monooxygenase (MMO) to oxidize methane into methanol. The methanol is then further processed into formaldehyde, formate, and carbon dioxide.
• Methylocucumis oryzae thrives in environments where both methane and oxygen are present, such as wetlands and rice fields. Its environmental role is significant; it helps reduce atmospheric methane levels, thereby contributing to the global carbon cycle.
• In rice paddies, this bacterium helps to manage methane emissions, thus decreasing greenhouse gas output from agricultural systems. The applications of Methylocucumis oryzae are varied.
• In agriculture, promoting the growth of these methanotrophs can minimize methane emissions from rice paddies. In bioremediation, these bacteria are valuable for cleaning up contaminated environments due to their ability to oxidize methane and other hydrocarbons.
• Additionally, their metabolic pathways offer potential for biotechnology applications, such as improving methane conversion processes for sustainable energy solutions.
• However, the widespread use of Methylocucumis oryzae is currently limited by its slow growth rate. This constraint affects its large-scale cultivation, which is necessary for significant mitigation and biotechnological applications.
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Additional Information:

Understanding Methanotrophs:

• Methanotrophs, also known as methane oxidizing bacteria, utilize methane for growth while consuming oxygen and releasing carbon dioxide and water. Their need for oxygen to oxidize methane underscores their obligate aerobic nature.
• These organisms act as natural agents for mitigating methane and are found wherever methane and oxygen coexist.
• Methanotrophs possess a specific enzyme called methane monooxygenase, which catalyzes the insertion of an oxygen atom into methane, producing methanol.
• Source: Wetlands, rice fields, ponds and other water bodies are the habitats where these grow in abundance.

Bagata tribe

GS1&2: Art & Culture & Society: Tribe

Why is it in the news?

• Despite their involvement in constructing the Lower Sileru Hydro-Electric Project, the Bagata tribal people still live without electricity and struggle to gain access to this basic necessity.
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About the tribe

• The Bagata tribe predominantly resides in Odisha and Andhra Pradesh. They derive their name from the term “Bhaktas,” referring to devoted warriors from the tribe’s historical past.
• Their primary livelihood is farming, which they rely on to meet their daily needs. The tribe is known by various names including Bagatha, Bagat, Bagodi, Bogad, or Bhakta.
• Culturally, the Bagata people are noted for their vibrant dance form called Dhimsa, part of a broader collective known as Sankidi Kelbar, which is enjoyed by all age groups within the community.
• Socially, they live in nuclear families, prefer cross-cousin marriages, and value marriage by negotiation.
• Linguistically, they speak a variant of Oriya, alongside Telugu and Adivasi Oriya.
• Their religious practices include the worship of Hindu gods and goddesses as well as their own tribal deities.
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UPSC Civil Services Prelims PYQ

Q. Under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, who shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both? (2013)

(a) State Forest Department

(b) District Collector/Deputy Commissioner

(c) Tahsildar/Block Development Officer/Mandal Revenue Officer

(d) Gram Sabha

Answer: D