Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- China challenge
Context
Nearly 20 months after the border crisis began in Ladakh, China has pressed on with aggressive diplomatic and military gestures against India.
Recent anti- India moves by China
- Beijing recently renamed 15 places in Arunachal Pradesh, following the six it had done in 2017.
- China justifies the renaming as being done on the basis of its historical, cultural and administrative jurisdiction over the area — these old names existed since ancient times which had been changed by India with its “illegal occupation”.
- On January 1, 2022, Beijing’s new land border law came into force, which provides the People’s Liberation Army (PLA) with full responsibility to take steps against “invasion, encroachment, infiltration, provocation” and safeguard Chinese territory.
India’s response
- Delhi has run out of proactive options against Beijing that will force the Chinese leadership to change course on its India policy.
- The two countries have an increasingly lopsided trade relationship driven by Indian dependency on Chinese manufacturing, a situation further worsened by the Government’s mishandling of the novel coronavirus pandemic.
- To restore the status quo ante on the LAC as of April 2020, India undertook internal balancing of its military from the Pakistan border to the China border and external rebalancing through a closer partnership with the United States in the Indo-Pacific.
- Because of the China factor, the U.S. is currently looking away even as India mistreats its minorities and its democracy stands diminished.
- India’s difficult diplomatic and military engagement with China is going to leave it more dependent on U.S. support, rendering India more vulnerable to American pressure on ‘shared values’.
- With a rising China as its neighbour and a more self-centred U.S. – which is uncomfortable with India’s reliable partner, Russia — as its friend, Delhi continues to face difficult choices.
Conclusion
Put under the harsh glare, India has been found wanting in its ability to deal with future challenges. The immediate challenge, however, remains China. It cannot be wished away and must be tackled.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Issues with the Personal Data Protection Bill
Context
The Joint Committee report on the Bill has failed to provide robust draft legislation ensuring the privacy of citizens.
Background of the Personal Data Protection Bill
- The Puttaswamy judgment held that the right to privacy is a fundamental right.
- The Puttaswamy judgment and the Justice B.N. Srikrishna committee report led to the Personal Data Protection Bill of 2019.
- The Joint Committee report on the Bill has failed to provide a robust draft legislation ensuring the privacy of citizens.
Issues with the Joint Committee report on Personal Data Protection Bill
- Division into Government and private domains: The report has divided the digital world into two domains — government and private.
- This division is based on the presumption that the question of right to privacy emerges only where operations and activities of private entities are concerned.
- Exemption to government and government agencies: Clause 12 of the Bill provides exemptions for the government and government agencies and Clause 35 exempts government agencies from the entire Act itself.
- Clause 12, which says personal data can be processed without consent for the performance of any function of the state, is an umbrella clause that does not specify which ministries or departments will be covered.
- The issue with the defining harm: The Bill says, “harm includes any observation or surveillance that is not reasonably expected by the data principal”.
- This means if you install any software in your computer and the software violates the principle of privacy and data get leaked, the complaint of the data principal will not be legally tenable as the defence will be that ‘once you have installed the software, you should have reasonably expected this level of surveillance’.
- The government can use these provisions as a means of control and surveillance.
- The Committee has failed to provide formidable firewalls to protect the privacy of individuals and has also carved out a mechanism for government control over personal data.
- Against the Supreme Court judgement: The provisions are ultra vires of the judgment on privacy.
- Inclusion of non-personal data harms the economy: By including non-personal data within the ambit of the Bill, the Joint Committee has put a huge compliance burden on the economy.
- This will hit the MSME sector and small businesses harder as technical processes involving data-sharing are very expensive.
- The government-constituted panel headed by S. Gopalkrishnan also opposed the idea of including non-personal data in the Bill.
- Mandatory data localisation, it is estimated, will squeeze the economy by 0.7-1.7%.
- Hamper the smooth cross-border flow of data: This may also invite similar measures by other sovereign countries which will hamper smooth cross-border flow of data.
Concerns with the Data Protection Authority
- For compliance with the provisions of the Act, a data protection authority (DPA) has to be appointed.
- It is doubtful whether a single authority will be able to discharge so many functions in an efficient manner.
- Concern with appointment: Unlike the Justice Srikrishna committee report which provided for a judicial overlook in the appointments of the DPA, the Bill entrusts the executive with the appointments.
- Although the Joint Committee report expanded the committee, the power to appoint the panelists vests with the Central government.
- Lack of independence: Clause 86 says, “Authority should be bound by the directions of the Central Government under all cases and not just on questions of policy”.
- This weakens its independence and gives the government excessive control.
- Violation of federalism: There is internal data flow and the States are key stakeholders in the process.
- Even if the proposed central authority issues directions to allow processing of data on the grounds of ‘public order’, it is important to note that ‘public order’ is an entry in the State List.
Consider the question “What are the issues with the provision in the Personal Data Protection Bill, 2019? Suggest the way forward.”
Conclusion
The report has raised more questions than it has solved. At the time of passage of the Bill, loopholes must be plugged so that India can have a robust data protection law.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Online abuse of Women
Taking cognizance of multiple complaints that photographs of women had been posted on a mobile app (with a very informal slang name) for fake auctions, the police in Delhi and Mumbai have registered cases.
What is the controversy?
- Hundreds of women in India including journalists, social workers, and other prominent personalities found their images and derogatory content about them on a new app.
- The app was created on hosting platform Github, offered an online “auction” of women (esp from a particular community).
- This controversy is part of the routine harassment women faced on social media in an increasingly polarized communal environment.
Online Abuse of Women
- Online abuse includes a diversity of tactics and malicious behaviors ranging from:
- Sharing embarrassing and cruel content about a person to impersonation
- Stalking and electronic surveillance
- Nonconsensual use of photography
- Violent threats and hate speech
- Defamation
- Flaming- use of vitriolic and hostile messages including threats, insults
- Trolling
- The online harassment of women, sometimes called Cybersexism or cybermisogyny, is specifically gendered abuse targeted at women and girls online.
- It incorporates sexism, racism and religious prejudice.
Recent controversy: A critical case of abuse
- The app is clearly an example of online trolling where the dignity and modesty of a woman is highly downgraded.
- This has not been the very first time. Earlier, no arrests were ever made showing Police inaction.
- The authorities were using the Mutual Legal Assistance Treaty (MLAT) to obtain information about the creators of such apps from California-based GitHub.
Legal provisions against such Crimes
For making arrests, the police have invoked Sections 153A, 153B, 295A, 354D, 500 and 509 of the Indian Penal Code (IPC) and Section 67 of the Information Technology Act.
- Section 153A pertains to the offence of promoting enmity between different groups on grounds of religion, etc., and doing acts prejudicial to the maintenance of harmony
- Section 153B relates to imputations, assertions prejudicial to national-integration
- Section 295A provides punishment for deliberate and malicious acts intended to outrage religious feelings
- Section 354D provides that any man who monitors the use by a woman of the internet, email or any other form of electronic communication with malintent, commits the offence of stalking.
- Section 500 defines the punishment for defamation
- Section 509 addresses the offence of word, gesture or act intended insulting the modesty of a woman
- Section 67 of the IT Act lays down the punishment for publishing or transmitting obscene material in electronic form
Penalty for such crime
- The first conviction attracts imprisonment up to three years and fine up to ₹5 lakh and the second or subsequent conviction may lead to imprisonment up to five years and fine that may extend to ₹10 lakh.
What are the other provisions related to cybercrimes?
- Section 66E of the IT Act prescribes punishment for violation of privacy.
- Also, sections 354A (sexual harassment and punishment for sexual harassment) and 354C (voyeurism) of the IPC were introduced along with sections 354B and 354D in 2013.
- These may also be applied in conjunction with the relevant IT Act provisions, based on the nature of the offence.
What are the responsibilities of intermediaries like social media platforms?
- As of now, the intermediaries are not liable for any third-party data or communication link hosted or stored by them.
- They are required to retain the requisite data for duration as prescribed by the Government and supply the same to the authorities concerned, as and when sought.
- Any contravention attracts punishment as prescribed under the IT Act.
Additional steps been taken
- The Ministry of Electronics and Information Technology notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- Its provision —“Due diligence by intermediaries and grievance redressal mechanism” —requires them to inform their users not to host, display, upload, modify, publish, transmit, store, update or share any illegal information.
- They include contents that are defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, etc.
- The intermediaries, on the direction of the court or appropriate government agency, are prohibited from hosting, storing or publishing any information declared unlawful.
- Within 24 hours from the receipt of a complaint from, or on behalf of, an individual about any offensive content, they are required to take all reasonable and practicable measures to remove or disable access to it.
Way forward
- The government can take action beyond passing and enforcing platform regulations.
- It can promote digital education to recognize and report inappropriate online conduct and to communicate respectfully online.
- Social media companies have the primary responsibility to prevent the amplification of online abuse and disinformation.
Conclusion
- Gender-based harassment is marked by the intent of the harasser to denigrate the target on the basis of sex.
- But this proliferation of online harassment of women has now incorporated religious polarization.
- This is very harmful for the existing communal harmony of the nation in the long run.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Read the attached story
Mains level: States Legislature
The Election Commission of India has announced dates for Assembly elections in Uttar Pradesh, Uttarakhand, Punjab, Goa and Manipur.
Why conduct elections even during COVID outbreak?
- Article 172(1) of the Constitution sets a five-year term for each Assembly.
- Any postponement of Assembly elections may result in a situation that denies people of that State the right to elect an accountable government of their choice.
States Legislature : A detail background
- The State Legislative Assembly is a legislative body in the states and union territories of India.
- In the 28 states and 3 union territories with a unicameral state legislature, it is the sole legislative body and in 6 states it is the lower house of their bicameral state legislatures with the upper house being Legislative Council.
- 5 UTs are governed directly by the Union Government of India and have no legislative body.
Term of reference
- Each Member of the Legislative Assembly (MLA) is directly elected to serve 5 year terms by single-member constituencies.
- The Constitution of India states that a State Legislative Assembly must have no less than 60 and no more than 500 members.
- However an exception may be granted via an Act of Parliament as is the case in the states of Goa, Sikkim, Mizoram and the union territory of Puducherry which have fewer than 60 members.
- A State Legislative Assembly may be dissolved in a state of emergency, by the Governor on request of the Chief Minister, or if a motion of no confidence is passed against the ruling majority party or coalition.
State Executive
- State Executive consists of Governor and the Council of Ministers with the Chief Minister as its head.
- Executive power of the state is vested in Governor.
- He/She is appointed by the President for a term of five years and holds office during his pleasure.
- Only Indian citizens above 35 years of age are eligible for appointment to this office.
- The Chief Minister is appointed by the Governor, who also appoints other ministers on the advice of the CM.
Powers and Functions
State legislature has exclusive powers over subjects enumerated in the State List and Concurrent Lists (List II of the Seventh Schedule) of the Constitution and concurrent powers over those enumerated in sub List III.
(1) Regarding Ordinary Laws
- Ordinary bills can be introduced in either of the two houses in case the State Legislature is bicameral, however, the Money Bill has to initially be introduced in the Vidhan Sabha.
- The State Legislature can formulate laws on the subject of State and Concurrent Lists.
- However, in case there is any contradiction between the Union and State law, the law decided by the Parliament shall prevail.
(2) Financial Powers
- Financial powers of legislature include authorization of all expenditure, taxation and borrowing by the state government.
- The Legislative Assembly alone has the power to originate money bills.
- The Legislative Council can only make recommendations in respect of changes it considers necessary within a period of fourteen days of the receipt of money bills, which can accept or reject these recommendations.
Role of Governor
- The Governor of a state may reserve any Bill for the consideration of the President.
- No Bills seeking to impose restrictions on inter-state trade can be introduced in a state legislature without the previous sanction of the President.
Try this PYQ:
Q. Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?
(a) First Administrative Reforms Commission (1966)
(b) Rajamannar Committee (1969)
(c) Sarkaria Commission (1983)
(d) National Commission to Review the Working of the Constitution (2000)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Inner Line Permit System
Mains level: Issues with ILP system
A petition has been filed in the Supreme Court opposing the implementation of the Inner Line Permit System (ILPS) in Manipur.
What is Inner Line Permit?
- A concept drawn by colonial rulers, the Inner Line separated the tribal-populated hill areas in the Northeast from the plains.
- The concept originates from the Bengal Eastern Frontier Regulation Act (BEFR), 1873.
- To enter and stay for any period in these areas, Indian citizens from other areas need an Inner Line Permit (ILP).
- Arunachal Pradesh, Nagaland and Mizoram are protected by the Inner Line, and lately, Manipur was added (in December last year).
Its’ Inception
- The policy of exclusion first came about as a response to the reckless expansion of British entrepreneurs into new lands which threatened British political relations with the hill tribes.
- The BEFR prohibits an outsider’s — “British subject or foreign citizen” — entry into the are beyond the Inner Line without a pass and his purchase of land there.
- On the other hand, the Inner Line also protects the commercial interests of the British from the tribal communities.
- After Independence, the Indian government replaced “British subjects” with “Citizen of India”.
- Today, the main aim of the ILP system is to prevent settlement of other Indian nationals in the States where the ILP regime is prevalent, in order to protect the indigenous/tribal population.
Why need ILP?
- Despite the fact that the ILP was originally created by the British to safeguard their commercial interests, it continues to be used in India.
- It aims to protect tribal cultures in northeastern India.
- There are different kinds of ILP’s, one for tourists and others for people who intend to stay for long-term periods, often for employment purposes.
- ILP’s valid for tourism purposes are granted as a matter of routine.
Issues with ILP
- It has been extensively used to restrict the entry of tribals.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: EWS Quota
Mains level: Hurdles to EWS quota
The government has accepted the report by a committee under the Ministry of Social Justice and Empowerment, which examined the income criteria for determining who are to be included among the EWS.
EWS Quota: A Backgrounder
- On July 29 last year, the Centre had issued a notification for implementing 10% reservation for EWS along with 27% for OBC within these courses.
- Following the petitions, the Supreme Court has stayed counseling for admission until the matter is decided.
- The NEET notification followed the same criteria for determining EWS as mentioned in a notification from the Department of Personnel and Training (DoPT).
Inception of EWS Quota
- EWS reservation was granted based on the recommendations of a commission headed by Major General (retd) S R Sinho.
- The Commission for Economically Backward Classes was constituted by the then UPA government in 2005, and submitted its report in July 2010.
- Based on this, the Cabinet in January 2019 decided to amend the Constitution (103rd Amendment) to provide reservation to EWS.
Prime basis: Income criteria
- The criteria include a Rs 8 lakh income ceiling for inclusion in EWS — which is the same as the criterion for deciding the “creamy layer” among the OBCs (those who are not in government).
- The notification said income shall include income from all sources i.e. salary, agriculture, business, profession, etc for the financial year prior to the year of application.
- Another criterion is that a person whose family owns or possesses 5 acres of agricultural land or more will be excluded from EWS.
Why was the new committee constituted?
- The committee aimed to revisit the criteria for determining the economically weaker sections in terms of the provisions of the explanation to Article 15 of the Constitution.
- It followed the Supreme Court’s observation that the income criterion for determining EWS was “arbitrary”.
- The Supreme Court is presently hearing a number of petitions, including a special leave petition filed by the Centre against a Madras HC order on EWS and OBC reservation in the all-India quota for NEET.
Key recommendations
- The report says that the “threshold of Rs 8 lakh of annual family income, in the current situation, seems reasonable for determining EWS”.
- The committee has recommended that EWS may, however, exclude, irrespective of income, a person whose family has 5 acres of agricultural land and above.
- The committee has removed the criteria that excluded some categories from EWS:
- Owners of residential properties of 1,000 sq ft and above
- Residential plots of 100 sq yards and above in notified municipalities
- Residential plots of 200 sq yards and above in areas other than the notified municipalities
How does it address the questions raised by the Supreme Court?
- The Supreme Court has earlier questioned the basis of Rs 8 lakh criteria and termed it arbitrary without any substantiation.
- It asserted that this criteria is similar to that of Creamy Layer in OBCs.
What did the committee say on Income Criteria?
- The committee’s report now states the two sets of criteria are significantly different despite both using the Rs 8 lakh cut-off and that the criteria for the EWS.
- EWS criteria are much more stringent than those for the OBC creamy layer.
- The report justifies this income limit, stating that Rs 8 lakh cut off also has a link with the income tax exemption limit.
- It would, therefore, be logical to use the income tax exemption limit to determine the threshold for EWS.
Tap here to read more about:
[Sansad TV] Perspective: Defining EWS
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Draft Regional Plan 2041
Mains level: Issues with the plan
Many environment analysts and activists has offered objections to the Draft Regional Plan-2041 for National Capital Region (NCR).
Draft Regional Plan 2041
- The National Capital Region Planning Board had sought objections and suggestions to the Draft RP-2041 from public.
- Under the NCRPB plan, Delhi, two districts of Rajasthan, eight districts of Uttar Pradesh and 14 districts of Haryana are covered. In all, it covers an area of around 55,083 square kilometres.
- The plan paves the way for a future-ready and slum-free NCR comprising of facilities like air ambulance, high-speed connectivity by means of rail, road, Heli taxis, and inland waterways.
Key provisions
- This plan puts special impetus on 30-minute connectivity by means of super-fast trains within major cities of NCR.
- It also proposes to explore feasibility of 30-minute Mass Transit Rail System (MTRS) from boundaries of NCR to Delhi.
- The plan seeks to make NCR a smart connected region by improving connectivity using bullet trains, smart roads, and helitaxi services.
- It will evolve the region into an economically prosperous region comprising of citizen centric harmonious infrastructure.
- It laid emphasis on circular economy of water & air quality improvements, improving environment conservation.
Need for the plan
- There was a need to ease out traffic congestions and create more integrated, accessible, user-centric and affordable transportation system.
Various objections with the Plan
- The plan excludes the terms “Aravalli” and “forest areas” from the Natural Conservation Zone (NCZ).
- The Aravallis were an integral part of the NCZ in the current Regional Plan-2021.
- This has left Aravallis open to unlimited real estate construction.
- Similarly, the phrase “forest areas” has been deleted from the NCZ also. This will drastically reduce the forest cover that is eligible for NCZ zoning protection.
Why Aravallis matters?
- The Aravallis are home to over 400 species of native trees, shrubs and herbs, more than 200 native and migratory bird species, and wildlife that includes leopards, jackals, hyenas, mongoose and civet cats.
- They are crucial to groundwater recharge, which is significant given the water scarcity the region faces during harsh summer months.
- The thick forest cover helps to naturally purify air in a region plagued by high levels of vehicular and industrial pollution through the year.
Back2Basics: Aravali Range
- The Aravali is a mountain range in Northwestern India, running approximately 670 km in a southwest direction, starting near Delhi, passing through southern Haryana and Rajasthan, and ending in Gujarat.
- The highest peak is Guru Shikhar at 1,722 meters.
- The Aravalli Range, an eroded stub of ancient mountains, is the oldest range of fold mountains in India.
- The natural history of the Aravalli Range dates back to times when the Indian Plate was separated from the Eurasian Plate by an ocean.
- Three major rivers and their tributaries flow from the Aravalli, namely Banas and Sahibi rivers which are tributaries of Yamuna, as well as Luni River which flows into the Rann of Kutch.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Veer Bal Divas
Mains level: Not Much
Prime Minister has declared that December 26 shall henceforth be marked as Veer Baal Diwas to pay homage to the courage of the Sahibzades, four sons of Guru Gobind Singh, the last Sikh guru.
What is the legend of Sahibzades?
- The word “Sahibzada” means “son” in Punjabi and is a term commonly used to refer to the 4 sons of Guru Gobind Singh, the tenth Sikh Guru.
- The week of 21 to 27 December is celebrated as the Sacrificial Week in memory of the four Sahibzadas who made sacrifices for the protection of Sikhism and Hinduism.
- Sahibzada Ajit Singh, Jujhar Singh, Zorawar Singh and Fateh Singh got martyrdom while saving their religious faiths against forceful conversion.
Their martyrdom: A backgrounder story
- After the establishment of the Khalsa Panth, Guru Gobind Singh left the fort of Sri Anandpur Sahib with his family on 20-21 December 1704 to fight the invasion by Aurgangzeb.
- The elder sahibzade Ajit Singh, Jujhar Singh stayed with Guru ji, while the younger sons Zorawar Singh and Fateh Singh were with Mata Gujri ji.
- Subedar Wazir Khan of Sirhind arrested the two Sahibzades subsequently and lured them for religious conversion.
- In the end, it was announced to get them elected in the living walls.
- The rest two sahibzades got assassinated in the battle of Chamkaur (1705).
Implications of their martyrdom
- When the news of this reached Guruji, he wrote a zafarnama (letter of victory) to Aurangzeb, in which he warned Aurangzeb that the Khalsa Panth was ready to destroy your empire.
- Baba Banda Singh Bahadur took revenge for the martyrdom of Guruji’s Sahibzadas.
- He punished Wazir Khan for his deeds in Sirhind and established Sikh hegemony over the entire area.
- The result of this sacrifice was that later a large Sikh empire emerged under the leadership of Maharaja Ranjit Singh.
A historic event in Indian History
- This event is an important part of Indian history and the occasion of their martyrdom is remembered and commemorated both with great vigor and sorrow.
- The names of Sahibzades are reverently preserved and are recalled every time Ardas (prayer) of supplication is recited at a congregation or privately by an individual.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Synapses, Human Brain
Mains level: NA
Recent work by researchers at the National Centre of Biological Sciences, Bengaluru, has thrown light on what stimulates the synapses (connection of nerve cells) to form.
What are Synapses?
- Neurons, or nerve cells, in the brain connect by means of junctions known as synapses through which they transmit signals.
- There are two types of synapses – chemical and electrical:
(1) Chemical Synapse
- In this, there is a space of about 20 nanometres between two neurons, and the way they communicate is this: One neuron converts electrical signal into chemical signals.
- This chemical is released into the synaptic space and the receiving neuron converts the chemical signal back into an electrical signal.
(2) Electrical synapse
- In these synapses, the two neurons have a physical connection and the conversion of electrical to chemical need not occur, and they communicate directly.
- Electrical synapses are like a physical wire, communication is faster but they are also fewer in number.
Observing these synapses
- Researchers from TIFR-National Centre of Biological Sciences, Bengaluru, have chosen Zebrafish as a model organism to study this process.
- Zebrafish are transparent and neuron development in larval zebrafish can be observed from day to day by injecting a dye or by engineering the fish to express fluorescent proteins.
- It was observed that electrical synapses are formed before chemical synapses, they are like a blueprint in which neurons make a handshake. This results in the making of chemical synapses.
- Research on organisms such as leeches showed that if you remove electrical synapses, the chemical synapses do not form.
- However, the mechanism of how it happens in higher organisms such as vertebrates was not known.
What induces these synapses?
- The group observed that knocking out a particular protein known as the gap junction delta 2b (gjd2b) in the cerebellum of zebrafish affected levels of the enzyme CaMKII.
- Levels of CaMKII were seen to increase in the Purkinje neurons in the cerebellum.
- These neurons and the cerebellum itself control coordination of movements in the organism.
Why study this?
- In humans for example, excess abuse of alcohol leads to damage of these cells, which results in lack of coordination in movement.
- The cerebellum shows an evolutionary continuity in all vertebrates, so, too, the Purkinje neurons.
- Even though fish and humans diverged from a common ancestor about 500 million years ago, the cerebellum has been evolutionarily conserved.
- While zebrafish have about 300-400 Purkinje neurons, humans have thousands of these.
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From UPSC perspective, the following things are important :
Prelims level: Orang NP
Mains level: NA
The Assam government has recently issued a preliminary notification for adding 200.32 sq. km to the 78.82 sq. km Orang National Park, the State’s oldest reserve, about 110 km northeast of Guwahati.
The government had in September 21 dropped the ‘Rajiv Gandhi’ prefix to Orang given by the government in 1992.
Orang National Park
- Orang NP is located on the northern bank of the Brahmaputra River in the Darrang and Sonitpur districts of Assam.
- It was established as a sanctuary in 1985 and declared a national park in 1999.
- It has a rich flora and fauna, including great Indian rhinoceros, pygmy hog, Asian elephant, wild water buffalo and Bengal tiger.
- Orang, on the northern bank of the river, is strategic to the Kaziranga Orang Riverine Landscape.
- Tigers and rhinos are known to use the islands in this riverine landscape, about 180 km long, to hop between Orang and Kaziranga.
Why in news?
- The Assam government is pursuing a policy for the reintroduction of the gharial that became locally extinct more than six decades ago.
- With better protection, the stretch of the Kaziranga-Orang landscape is ideal for sustaining the gharials.
Back2Basics: National Park
- Even before the Indian independence, sanctuaries had been created in the form of shooting blocks, game reserves or hunting reserves by the provisional governments or by the native rulers in their respective areas.
- In 1936, the first National Park in India was created and named as the Hailey National Park, now called the Corbett National Park, in Uttaranchal.
- The Wildlife Protection Act 1972 provides for the declaration of five types of protected areas viz. National Parks, Wildlife Sanctuaries, Community Reserves, Conservation Reserves and Tiger Reserves.
- A National Park is defined by state government via notification under the WPA.
- The state government can fix and alter boundaries of the National Parks with prior consultation and approval with National Board of Wildlife.
- There is no need to pass an act for alternation of boundaries of National Parks.
- No human activities are permitted in a National Park.
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From UPSC perspective, the following things are important :
Prelims level: Section 498A
Mains level: Paper 2-Mediation Bill 2021
Context
The Mediation Bill, 2021 was introduced in Parliament in December 2021. It seeks to ‘promote mediation (including online), and provide for enforcement of settlement agreements resulting from mediation’.
Need to popularise mediation
- The Chief Justice of India (CJI), N.V. Ramana, had said that mediation should be made mandatory as a first step in dispute resolution and that a law should be framed in this regard.
- He emphasised the point that a movement needs to be launched to popularise mediation as it was a cheaper and faster dispute resolution mechanism.
- He said that courts should be the last resort for dispute resolution; therefore, one should explore the options of alternate dispute resolution.
- The Tamil Nadu Mediation and Conciliation Centre, an initiative of the Madras High Court and India’s first court-annexed facility with a mediation centre in every district, has significantly reduced the pendency of referred cases.
Which laws in India allow mediation?
- Mediation finds legitimacy in some specific laws such as:
- The Code of Civil Procedure, 1908, the Arbitration and Conciliation Act, 1996,
- The Companies Act, 2013,
- The Commercial Courts Act, 2015,
- The Consumer Protection Act, 2019,
- However, there is no standalone legislation as yet.
How the provisions of Mediation Bill 2021 will help in improving the law and order situation
- The bill seeks to promote mediation (including online), and provide for enforcement of settlement agreements resulting from mediation’.
- In case of civil or commercial disputes, a person must try to settle the dispute by mediation before approaching a court or tribunal.
- Improving the law and order situation: There are certain provisions in the Bill which may help in improving the law and order situation in a locality and/or encourage compounding of criminal offences.
- First, Section 7 of the Bill says that courts will be competent to refer any dispute to mediation relating to compoundable offences or matrimonial offences connected with or arising out of civil proceedings between the parties.
- Second, Section 44 of the Bill provides for ‘any dispute likely to affect peace, harmony and tranquillity amongst the residents or families of any area or locality, to be settled through community mediation.
- Third, the provisions of the Act shall not have the overriding effect, inter alia, on the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
- Promote friendliness: Section 320 in the Code Of Criminal Procedure (CrPC) provides for the compounding of certain criminal offences which shall have the effect of acquittal of the accused.
- Here, the policy of the law is to promote friendliness between the parties so that peace between them is restored.
- Relieving the pressure on the police: Many criminal offences are a result of the fact that civil or commercial disputes could not be resolved amicably and in time.
- The police at times take minor cases lightly or reduce the seriousness of crime by converting a cognisable offence into a non-cognisable one.
- Therefore, the proposed law of mediation, that has the mechanism of not only preventing the breakdown of law and order through community intervention but also the competence to smoothen the route to compounding of certain criminal offences, may ultimately relieve some of the pressure on the police also.
Some laws are left out of the scope of Mediation Bill 2021
- Law to prevent sexual harassment of women at workplace: The law to prevent the sexual harassment of women at the workplace has probably been kept out of its scope so that an internal or local complaint committee is able to take up conciliation and close the case locally without involving a third party and detailed procedure.
- Law on welfare of parents and senior citizens: The law on the maintenance and the welfare of parents and senior citizens has also been kept out of its scope as offences under it are cognisable offences.
Way forward
- The Supreme Court’s view: The Supreme Court of India has held that if there is a composition of an offence during investigation, the parties can either approach the court or the police.
- Increasing the compoundable offences: The number of offences that can be compounded may also be increased — particularly property offences.
- Keeping in view the recommendations of the Law Commission in its 243rd report, Section 498A of the Indian Penal Code, relating to cruelty by the husband or his relatives, can also be made compoundable.
- It may have far-reaching consequences in resolving matrimonial disputes.
Consider the question “What are the provisions of the Mediation Bill 2021 that could help relieve some of the pressure on law enforcement agencies?”
Conclusion
Though the proposed law primarily intends to resolve civil and commercial disputes through mediation, it has ample scope to relieve some of the pressure on law enforcement agencies.
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Back2Basics: What is a Compoundable and Non Compoundable offence in India
- Compoundable offences are those offences where, the complainant (one who has filed the case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped against the accused.
- However, such a compromise should be a “Bonafide,” and not for any consideration to which the complainant is not entitled to.
- Compoundable offences are less serious criminal offences and are of two different types mentioned in tables in Section 320 of the Criminal Procedure Code, as follows:
- Court permission is not required: These are the offences, compounding of which do not require prior permission of the court.
- Court permission is required: These are the offences, compounding of which require prior permission of the court.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Discretionary power of Governor
Mains level: Paper 2- Governor-Government conflict
Context
Recent media reports about the confrontation between the Governors and the State governments, in Maharashtra and Kerala, have turned the spotlight on the rather delicate relationship between the constitutional head of the State and the elected government.
Recent incidents of confrontation
- In Maharashtra, the Governor refused to accept the date of election of the Speaker recommended by the State government.
- The Constitution has not assigned any role to the Governor in the election of the Speaker under Article 178, which is exclusively the job of the House.
- The Governor’s refusal to accept the date of election of the Speaker goes against the principles of constitutional government.
- In Kerala, the State Governor having reappointed the Vice Chancellor of Kannur University in accordance with the law, made an allegation that he was under pressure from the Government to reappoint the Vice Chancellor.
- In fact, he or she can accept suggestions from any person including the Leader of the Opposition in the Assembly.
- However, the Governor as Chancellor is not required to act on the advice of the Council of Ministers in the matter of appointment of Vice Chancellor and others in the university.
- He can act absolutely independently.
- Non-acceptance of the advice of the Council of Ministers too has been witnessed in Rajasthan as well as Maharashtra again.
- The Kerala High Court has clarified this legal point in Gopalakrishnan vs Chancellor, University of Kerala.
What explains the confrontational relationship between Governor and State Government?
- Historical background: It has something to do with the whole idea of the office of the Governor and its past history.
- In the colonial era, the Governor was the absolute ruler of the province.
- While making the Constitution, there were divergent views on the powers to be given to the Governor in the Constituent Assembly.
- There were members in the Assembly who wanted the Governor to be as powerful as the colonial-era Governors.
- Discretionary powers: Though B.R. Ambedkar was clear that the Governor should only be a constitutional head and the executive power should vest entirely in the elected government.
- He promoted the idea of vesting certain discretionary powers in the Governor.
- Why discretionary powers? In this respect he was guided by the thinking that the State governments are in subordination to the Union government and, therefore, the Governor should be given discretionary powers to ensure that they act so.
- So, ultimately, the Governor is given certain discretionary powers prescribed by or under the Constitution unlike the President of India who has not been given any such powers.
- Vagueness about actual powers: Further, Article 163 became a ‘blind reproduction of Section 50 of the Government of India Act 1935’ (H.V. Kamath).
- This exact reproduction of the provision in the Act of 1935 has, to a great extent, introduced a vagueness about the actual powers of the Governor vis-à-vis the elected government.
- This vagueness was corrected only with the Supreme Court of India stating the law in unambiguous terms in Shamsher Singh (1974).
- From Shamsher Singh to Nabam Rebia (2016) the Supreme Court declared that the Governor can, in the exercise of executive power of the state, act only on the aid and advice of the Council of Ministers “…save in a few well-known exceptional situations”.
Consider the question “The relationship between the Governor and Chief Minister has, even at the best of times, not been absolutely simple and tension free. What are the factors responsible for confrontation? Suggest the way forward.”
Conclusion
The Governor is a high constitutional authority. He needs to function within the four walls of the Constitution and be a friend, philosopher and guide to his government.
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