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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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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From UPSC perspective, the following things are important :
Prelims level: Chumbi Valley
Mains level: Paper 2- What China's new boundary law mean for India?
Context
The latest in the series of aggressive Chinese actions is the use of lawfare through the passing of the “Land Boundary Law” on October 21 which became effective this week.
Background of the Chinese approach
- The last residue of the Qing dynasty was wiped out in the 1911 revolution when China was established as a republic.
- The republic was again overthrown in 1949 by the Chinese Communist Party.
- Three successive Chinese governments in China refused to delineate or demarcate the boundary with either Tibet or India.
- British archival records, many declassified points to attempts made by Imperial Britain to formally formulate a boundary with China.
- Yet, all three regimes were united in their refusal to accept a formal limiting of China’s territorial expanse and kept their response ambiguous.
- Even during the Simla Convention of 1913-14, when the Republic was ascendant in China, there was a vehement refusal to recognise any demarcation of boundaries between Tibet and China.
Strong-arm tactics against India
- Having operated from a maximalist position to settle its borders with 12 of its 14 neighbours so far, China has attempted to use the same strong-arm tactics with both India and Bhutan.
- It has offered to forgo its claims in the larger parts of North Bhutan in lieu of gaining a relatively smaller area in West Bhutan.
- Threat to Siliguri corridor: This seeming magnanimity is calculated to expand into the Chumbi Valley in the South, threatening the narrow and strategic Siliguri corridor in India.
- In its latest move, China has made a new claim on Sakteng sanctuary in Bhutan which may form a launchpad for future operations against Tawang in Arunachal Pradesh.
- China has also strengthened its collusion with Pakistan.
- There is a deliberate attempt by China to physically link with Pakistan in the Northern Areas by removing the Indian wedge of DBO, the doorway to the Karakoram Pass.
- A Training Mobilisation Order (TMO) issued by Xi Jinping in January 2020 called for “confrontational training” for its troops and officers to assess their preparedness, especially in light of the new reforms undertaken by the PLA.
- These factors seem to be the tactical beginnings of China’s grand strategy which also saw China flexing in the South China Sea and Taiwan, almost simultaneously.
China making use of lawfare and implications for India
- The latest in the series of aggressive Chinese actions is the use of lawfare through the passing of the “Land Boundary Law”.
- Formalises and legalises land Chinese grab: The law formalises and legalises China’s geographic creep towards Tawang, Arunachal Pradesh and parts of eastern Ladakh and creates conditions for using newly-constructed border villages close to the LAC for claiming sovereignty over disputed areas.
- The import of the law is most critical for India but will affect China’s disputes with other countries too.
- What China has done, therefore, is convert a territory dispute over borders into a sovereignty dispute which precludes any give or take of territory.
- China will attempt to settle its Han population in the Tibetan regions, reversing established demographic patterns and at the same time.
- Future negotiations over territory, if they occur, will then refer to the Border Defence Cooperation Agreements of 2005 and 2012 which call for border settlements to be done keeping in mind the local population in the border regions.
Way forward
- A deliberate thought process needs to be evolved to offset our disadvantages as purely military actions may not solve the situation in the long term.
Conclusion
What emerges clearly is that by adopting the Land Boundary Law, in conjunction with its physical actions on the LAC, China has consolidated its position in eastern Ladakh and kept possibilities open in Arunachal Pradesh.
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From UPSC perspective, the following things are important :
Prelims level: REDD+
Mains level: Paper 3- Ensuring participation of people to achieve desired target of carbon sequestration
Context
India’s pledge to set a net-zero target by 2070, at the COP26 summit, Glasgow, has again highlighted the importance of forests to help mitigate the challenges of climate change.
Need for sustainable management of forests
- The United Nations Framework Convention on Climate Change (UNFCC) framework (2013) of REDD+ for Reducing Emissions from Deforestation and Forest Degradation has highlighted the importance of forest along with the ‘sustainable management of forests for the conservation and enhancement of forest carbon stocks’.
- Land-based sinks: In a study by Griscom (2017), land-based sinks (natural climate solutions which also include forests) can provide up to 37% of emission reduction and help in keeping the global temperature below 2° C.
- Natural regeneration model: Recent research has favoured a natural regeneration model of restoration over the existing much-hyped mode of tree planting as such forests are said to secure nearly 32% carbon storage, as per one report of the Intergovernmental Panel on Climate Change.
Degradation and deforestation in India
- As per the State of Forests Report (1989), the country had 2,57,409 sq.km (7.83% of its geographical area) under the open forest category, having a density of 10% to less than 40%.
- However, in 30 years (2019) this has been increased to 3,04,499 sq. km (9.26%).
- This means every year on average, nearly 1.57 lakh hectare of forests was degraded.
- Anthropogenic pressure: This degradation highlights the presence of anthropogenic pressures including encroachment, grazing, fire, which our forests are subjected to.
Need for the participation of people to achieve target of carbon sequestration
- The degradation warrants the participation of people as an essential and effective route to achieve the desired target of carbon sequestration through the restoration of forests.
- As envisaged in National Forest Policy, 1988, India made its attempt, in 1990, to engage local communities in a partnership mode while protecting and managing forests and restoring wastelands with the concept of care and share.
- Later, the concept of forest development agencies was introduced to consolidate the efforts in an autonomous model.
- Creation of joint forest management committees: The efforts to make this participatory approach operative resulted in the formation of nearly 1.18 lakh joint forest management committees managing over 25 million hectares of forest area.
- Most of these became active and operative while implementing various projects financed by external agencies such as the World Bank, the Overseas Economic Cooperation Fund (OECF) Japan, the Department for International Development (DFID) United Kingdom and the European Union (EU).
- A similar system of joint management in the case of national parks, sanctuaries and tiger reserves which existed in the name of eco-development committees initially proved effective.
- However, the completion of the project period and lack of subsequent funding affected their functionality and also the protection of forests due to a lack of support from participating local communities including associated non-governmental organisations.
- Customary participation: Except for the National Mission for Green India, in all other centrally sponsored programmes such as Project Tiger, fire management, Integrated Development of Wildlife Habitats (IDWH) including the Compensatory Afforestation Management and Planning Authority (CAMPA), the lack of priority and policy support to ensure the participation of local communities via the institutions of joint forest management committees slowly made their participation customary.
- This caused a gradual decline in their effectiveness.
- Role change: The role of local institutions of gram panchayat or joint forest management committees is now restricted to be a consultative institution instead of being partners in planning and implementation.
- Implications of role change: This indifference and alienation from the participatory planning and implementation of various schemes
Way forward
- Revisit legal and policy mechanism: To achieve net-zero targets there is a need to revisit our existing legal and policy mechanisms.
- Incentivise local communities: We also need to incentivise the local communities appropriately and ensure fund flow for restoration interventions.
- There is a need for duly providing for the adequate participation of local people in planning and implementation through local institutions.
- Replicate Telangana model: Political priority and appropriate policy interventions as done recently in Telangana by amending the panchayat and municipal acts and creating a provision for Telangana Haritha Nidhi need replication in other States.
- Financial and institutional support mechanisms: These should be supported by enabling financial and institutional support mechanisms and negotiations with stakeholders
- Though India did not become a signatory of the Glasgow Leaders’ Declaration on Forests and Land Use, the considerations of land tenure and the forest rights of participatory communities with accelerated finances will help aid steps in the race toward net zero.
Consider the question “India is witnessing enormous degradation of forests and deforestation. This warrants the participation of people as an essential and effective route to achieve the desired target of carbon sequestration. In context of this, elaborate the importance of people participation and suggest the way forward.”
Conclusion
This inclusive approach with political prioritisation will not only help reduce emissions but also help to conserve and increase ‘our forest cover’ to ‘a third of our total area’. It will also protect our once rich and precious biological diversity.
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From UPSC perspective, the following things are important :
Prelims level: Article 44
Mains level: Need for UCC
The Centre has informed the Delhi HC that it was awaiting the report of the Law Commission of India, which is examining various issues relating to the Uniform Civil Code.
What is a Uniform Civil Code?
- A Uniform Civil Code is one that would provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc.
- Article 44, one of the directive principles of the Constitution lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.
- These, as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.
Why need UCC?
- UCC would provide equal status to all citizens
- It would promote gender parity in Indian society.
- UCC would accommodate the aspirations of the young population who imbibe liberal ideology.
- Its implementation would thus support the national integration.
Hurdles to UCC implementation
- There are practical difficulties due to religious and cultural diversity in India.
- The UCC is often perceived by the minorities as an encroachment on religious freedom.
- It is often regarded as interference of the state in personal matters of the minorities.
- Experts often argue that the time is not ripe for Indian society to embrace such UCC.
UCC vs. Right to Freedom of Religion
- Article 25 lays down an individual’s fundamental right to religion;
- Article 26(b) upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”;
- Article 29 defines the right to conserve distinctive culture.
- An individual’s freedom of religion under Article 25 is subject to “public order, health, morality” and other provisions relating to FRs, but a group’s freedom under Article 26 has not been subjected to other FRs.
- In the Constituent Assembly, there was division on the issue of putting UCC in the fundamental rights chapter. The matter was settled by a vote.
- By a 5:4 majority, the fundamental rights sub-committee headed by Sardar Patel held that the provision was outside the scope of FRs and therefore the UCC was made less important.
Enacting and Enforcing UCC
- Fundamental rights are enforceable in a court of law.
- While Article 44 uses the words “state shall endeavour”, other Articles in the ‘Directive Principles’ chapter use words such as “in particular strive”; “shall in particular direct its policy”; “shall be obligation of the state” etc.
- Article 43 mentions “state shall endeavour by suitable legislation” while the phrase “by suitable legislation” is absent in Article 44.
- All this implies that the duty of the state is greater in other directive principles than in Article 44.
What are more important — fundamental rights or directive principles?
- There is no doubt that fundamental rights are more important.
- The Supreme Court held in Minerva Mills (1980): Indian Constitution is founded on the bed-rock of the balance between Parts III (Fundamental Rights) and IV (Directive Principles).
- To give absolute primacy to one over the other is to disturb the harmony of the Constitution.
- Article 31C inserted by the 42nd Amendment in 1976, however, lays down that if a law is made to implement any directive principle, it cannot be challenged on the ground of being violative of the FRs under Articles 14 and 19.
What about Personal Laws?
- Citizens belonging to different religious and denominations follow different property and matrimonial laws which are an affront to the nation’s unity.
- If the framers of the Constitution had intended to have a UCC, they would have given exclusive jurisdiction to Parliament in respect of personal laws, by including this subject in the Union List.
- But “personal laws” are mentioned in the Concurrent List.
Various customary laws
- All Hindus of the country are not governed by one law, nor are all Muslims or all Christians.
- Muslims of Kashmir were governed by a customary law, which in many ways was at variance with Muslim Personal Law in the rest of the country and was, in fact, closer to Hindu law.
- Even on registration of marriage among Muslims, laws differ from place to place.
- In the Northeast, there are more than 200 tribes with their own varied customary laws.
- The Constitution itself protects local customs in Nagaland. Similar protections are enjoyed by Meghalaya and Mizoram.
- Even reformed Hindu law, in spite of codification, protects customary practices.
Minority opinion in the Constituent Assembly
- Some members sought to immunize Muslim Personal Law from state regulation.
- Mohammed Ismail, who thrice tried unsuccessfully to get Muslim Personal Law exempted from Article 44, said a secular state should not interfere with the personal law of people.
- B Pocker Saheb said he had received representations against a common civil code from various organisations, including Hindu organisations.
- Hussain Imam questioned whether there could ever be uniformity of personal laws in a diverse country like India.
- B R Ambedkar said “no government can use its provisions in a way that would force the Muslims to revolt”.
- Alladi Krishnaswami, who was in favour of a UCC, conceded that it would be unwise to enact UCC ignoring strong opposition from any community.
- Gender justice was never discussed in these debates.
Conclusion
- Article 44 of the Constitution creates an obligation upon the State to endeavour to secure for citizens a Uniform Civil Code throughout the country.
- The purpose behind UCC is to strengthen the object of “Secular Democratic Republic” as enshrined in the Preamble of the Constitution.
- This provision is provided to effect integration of India by bringing communities on the common platform on matters which are at present governed by diverse personal laws.
- Hence it UCC should be enforced taking into confidence all the sections of Indian society.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: GDP computation and various terminologies
Mains level: National Income Accounting
The Ministry of Statistics and Programme Implementation (MoSPI) has released the First Advance Estimates (FAE) for the current financial year (2021-22 or FY22).
Tap to read more about:
National Income Determination, GDP, GNP, NDP, NNP, Personal Income
What is GDP?
- GDP measures the monetary value of all goods and services produced within the domestic boundaries of a country within a timeframe (generally, a year).
- It is slightly different from the other commonly used statistic for national income — the GNP.
- The Gross National Product (GNP) measures the monetary value of all goods and services by the people and companies of a country regardless of where this value was created.
GDP estimates for FY22
- According to MoSPI, India’s GDP will grow by 9.2 per cent in 2020-21.
- Last financial year, FY21, the GDP had contracted by 7.3%.
What are the First Advance Estimates of GDP?
- The FAE, which were first introduced in 2016-17, are typically published at the end of the first week of January.
- They are the “first” official estimates of how GDP is expected to grow in that financial year.
- But they are also the “advance” estimates because they are published long before the financial year (April to March) is over.
- It is important to note that even though the FAE are published soon after the end of the third quarter (October, November, December), they do not include the formal Q3 GDP data.
- Q3 data is published at the end of February as part of the Second Advance Estimates (SAE).
Significance of FAE
- Budgetary calculations: Since the SAE will be published next month, the main significance of FAE lies in the fact that they are the GDP estimates that the Union Finance Ministry uses to decide the next financial year’s budget allocations.
- Basis for nominal GDP: From the Budget-making perspective, it is important to note what has happened to nominal GDP — both absolute level and its growth rate. That’s because nominal GDP is the actual observed variable.
Note: Real GDP, which is the GDP after taking away the effect of inflation, is a derived metric. All Budget calculations start with the nominal GDP.
Real GDP = Nominal GDP — Inflation Rate
The difference between the real and nominal GDP shows the levels of inflation in the year.
How are the FAE arrived at before the end of the concerned financial year?
Ans. Benchmark-Indicator method
- The FAE are derived by extrapolating (uses ratio and proportion) the available data.
- The approach for compiling the Advance Estimates is based on Benchmark-Indicator method.
- In this, the estimates available for the previous year (2020-21 in this case) are extrapolated using relevant indicators reflecting the performance of sectors.”
What are the main takeaways?
#1 GDP Growth
- At 9.2%, the real GDP growth rate for FY22 is slightly lower than most expectations, including RBI’s, which pegged it at 9.5%.
- These estimates are based on data before the rise of the Omicron variant.
#2 Role of high inflation
- For FY22, while real GDP (with 2011-12 base prices) will grow by 9.2%, nominal GDP (calculated using current market prices) will grow by a whopping 17.6%.
- The difference between the two growth rates — about 8.5 percentage points — is essentially a marker of inflation (or the rate at which average prices have increased in this financial year).
#3 Private consumption continues to struggle
- The FAE analyses the three main contributors to GDP — private consumption demand, investments in the economy, and government expenditures.
- It shows that while the latter two are expected to claw back to the pre-Covid level, the first engine will continue to stay in a slump.
#4 Average Indian is much worse off
- For the bulk of the Indian population, thus, aggregate data recovering to pre-Covid levels are largely academic.
- An average Indian has lost almost 2 years in terms of income levels and 3 years in terms of spending levels.
Try this PYQ:
Q. In the context of Indian economy, consider the following statements:
- The growth rate of GDP has steadily increased in the last five years.
- The growth rate in per capita income has steadily increased in the last five years.
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
Note: There can be no absolute answers to such questions unless the year is mentioned. Still try to substantiate your answer with the FY21 context.
Do post it here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Gene sequencing, RTPCR
Mains level: COVID diagnosis
Omisure — India’s first home-grown testing kit has recently received approval from the Drugs Controller General of India.
About Omisure
- Omisure is an omicron detecting RT-PCR kit developed by the Mumbai-based Tata Medical and Diagnostics Ltd (TATA MD) in partnership with the Indian Council of Medical Research (ICMR).
- It can differentiate the omicron strain of the novel coronavirus from the delta, alpha and the other variants in under four hours.
- It can diagnose this variant in a single step
How does it work?
- This new kit can identify the Omicron variant by targeting two regions of the S or the spike gene.
- This gene codes for the spike protein, which helps the novel coronavirus enter and infect human cells.
- The S, the Enveloped (E), and Nucleocapsid (N) genes are some of the targets of conventional RT-PCR tests.
- When it detects these genes, a patient sample is labelled positive. As omicron bears heavy mutations in the S gene, the RT-PCR can sometimes miss it.
- The absence of S gene likely indicates omicron’s presence.
- This is called S gene dropout or S gene target failure — and is one of the targets of Omisure.
How does Omisure compare with gene sequencing?
- Gene sequencing reads the order of nucleotides, which are the building blocks of deoxyribonucleic acid (DNA) and ribonucleic acid (RNA).
- Despite being considered the gold standard, sequencing has a few limitations.
- It is slow, expensive and complicated. It is a multi-step process.
- It begins with extracting the virus’ RNA from patient samples, converting it into DNA, amplifying or multiplying it through RT-PCR before finally sending it for gene sequencing.
- This entire process can take as many as three days.
Back2Basics:
PCR Test for Diagnosis of the COVID-19
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: TOP Scheme
Mains level: Not Much
The Union Ministry of Youth Affairs and Sports (MYAS) has approved the inclusion of Alpine Skiing athlete Mohammad Arif Khan in the Target Olympic Podium Scheme (TOPS) Core group.
Target Olympic Podium Scheme
- In order to improve India’s performance at the Olympics and Paralympics, the MYAS started the Target Olympic Podium Scheme (TOPS) in September 2014.
- It includes foreign training, international competition, equipment, and coaching camp besides a monthly stipend of Rs. 50,000/- for each athlete.
- It was particularly launched for India’s Olympic medal dream, at the 2016 (Rio) and 2020 (Tokyo) Olympics.
How does it function?
- The Mission Olympic Cell is a dedicated body created to assist the athletes who are selected under the TOP Scheme.
- The MOC is under the Chairmanship of the Director-General, Sports Authority of India (DG, SAI).
- The idea of the MOC is to debate, discuss and decide the processes and methods so that the athlete receives the best assistance.
- The MOC also focuses on the selection, exclusion, and retention of athletes, coaches, training institutes that can receive TOPS assistance.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ex Sea Dragon 22
Mains level: Maritime cooperations for Indo-Pacific
India is among the six Indo-Pacific nations participating in Exercise Sea Dragon 22.
Sea Dragon 22
- It is a multi-lateral anti-submarine warfare exercise in the Pacific Ocean hosted by the US.
- The exercise includes the navies of India, Australia, Canada, Japan, the US and South Korea.
- India, Japan, Australia and America are also part of the Quad, and also participate in the Malabar exercise.
- It includes in-flight training, ranging from tracking simulated targets to the final problem of tracking a live US Navy submarine.
Significance of the exercise
- The exercise is significant as almost all of the participating countries have strained relations with China.
- China is expanding its prowess in the Indo-Pacific under its Look West Policy.
Also, take time to read about all major exercises:
Various Defence Exercises in News
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Price and tax measures to reduce demand of tobacco
Context
There is no doubt that tobacco use is highly detrimental to public health. We have to find the ways and the means to reduce the demand for tobacco among existing as well as aspiring users.
Impact of tobacco
- Tobacco is a product that kills more than 13 lakh Indians every year.
- Annual burden: The annual economic burden from tobacco use is estimated to be ₹177,340 crore which is more than 1% of India’s GDP.
- About 27 crore people above the age of 15 years and 8.5% of school-going children in the age group 13-15 years use tobacco in some form in India.
Are price and tax measures effective against tobacco use?
- When tobacco products become more expensive, people either quit using them or use them less, and it incentivises many to not initiate the habit.
- Because it hurts both revenue and profits, the tobacco industry, globally, is always devising tactics and narratives that will pre-empt any kind of tax increases on tobacco products.
- The narrative of “increasing illicit trade” is something the tobacco industry has historically used to pre-empt potential tax increases on tobacco products in most countries around the world.
- The story is no different in India.
- In a recent report by the Tobacco Institute of India, it was said that the illicit cigarette volume in India has grown by 44% from 2011 to 2019 while adding that high and increasing tax rates provide a profitable opportunity for tax evasion and encourage growth in illegal trade.
- A study published in 2018 which used a survey of empty cigarette packs collected from retail outlets across different cities in India estimated that illicit cigarettes constitute 2.7% of the market.
- The second study published in 2020 used tax-gap analysis to estimate that the percentage of illicit cigarettes was 5.1% in 2009-10 and 6.6% in 2016-17.
Are taxes and prices key determinants of illicit trade?
- It is to be noted that taxes and prices are not the key determinants of illicit trade.
- There is sufficient evidence in the literature on illicit trade in cigarettes that shows tax increases only have a minimal impact, if at all, on illicit trade.
- There are several countries where tobacco taxes are quite high and yet have low levels of illicit trade, while there are also countries with high levels of illicit trade despite having relatively low tax rates.
- Several factors such as the quality of tax administration, the strength of the regulatory framework, government commitment to control illicit trade, the strength of governance, social acceptance, and the presence of informal distribution networks are known to play a larger role in determining the scale and the extent of an illicit market.
Way forward
- WHO protocol: Eliminating all forms of illicit trade in tobacco products through a package of measures is one of the major objectives of the Protocol to Eliminate Illicit Trade in Tobacco Products under the World Health Organization’s Framework Convention on Tobacco Control.
- The Protocol provides the tools and the measures to eliminate or minimise illicit trade which includes strong governance, establishing an international track and trace system, and securing supply chains.
- India has already ratified the World Health Organization Protocol and it should now show leadership in implementing these measures to effectively address even the relatively lower levels of illicit trade.
Conclusion
There is no scientific or public health rationale not to increase tax on tobacco products for unfounded fear of increasing illicit trade.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Dealing with the nutrition gap
Context
The NFHS-5 factsheets for India and all states and Union territories are now out. At first glance, it appears to be a mixed bag — much to cheer about, but concern areas remain.
Positives from the NFHS-5 survey
- Change in demographic trends: For the first time since the NFHS 1992-93 survey, the sex ratio is slightly higher among the adult population.
- Improvement in sex ratio at birth: For the first time in 15 years that the sex ratio at birth has reached 929 (it was 919 for 1,000 males in 2015-16).
- The total fertility rate has also dropped from 2.2 per cent to a replacement rate of 2 per cent, albeit with not much change in the huge fertility divide between the high and low fertility states.
- Improvement in literacy level of women: There has been an appreciable improvement in general literacy levels and in the percentage of women and men who have completed 10 years or more of schooling, which has reached 41 per cent and 50.2 per cent respectively.
- Improvements in health indicators: The health sector deserves credit for achieving a significant improvement in the percentage of institutional births, antenatal care, and children’s immunisation rates.
- There has also been a consistent drop in neonatal, infant and child mortality rates — a decrease of around 1 per cent per year for neonatal and infant mortality and a 1.6 per cent decrease per year for under five mortality rate.
Nutrition: Area of concern
- Increase in anaemic people: India has become a country with more anaemic people since NFHS-4 (2015-16), with anaemia rates rising significantly across age groups, ranging from children below six years, adolescent girls and boys, pregnant women, and women between 15 to 49 years.
- Why anaemia is a concern? Adverse effects of anaemia affect all age groups — lower physical and cognitive growth and alertness among children and adolescents, and lesser capacity to learn and play, directly impacting their future potential as productive citizens.
- Further, anaemia among adolescent girls (59.1 per cent) advances to maternal anaemia and is a major cause of maternal and infant mortality and general morbidity and ill health in a community.
- The detailed report will explain why a dedicated programme like Anaemia Mukt Bharat which focused on IFA consumption failed to gain impetus.
- Slow pace of improvement in nutritional indicators: Between NFHS 4 and NFHS 5, the percentage of children below five years who are moderately underweight has reduced from 35.8 per cent to 32.1 per cent.
- Moderately stunted children have fallen from 38.4 per cent to 35.5 per cent, moderately wasted from 21 per cent to 19.3 per cent and severely wasted have increased slightly from 7.5 per cent to 7.7 per cent.
- Inadequate diet: The root cause for this is that the percentage of children below two years receiving an adequate diet is a mere 11.3 per cent, increasing marginally from 9.6 per cent in NFHS-4.
Way forward
- India’s nutrition programmes must undergo a periodic review.
- The Integrated Child Development Services (ICDS), which is perceived as the guardian of the nation’s nutritional well-being must reassess itself and address critical intervention gaps, both conceptually and programmatically, and produce rapid outcomes.
Conclusion
The nutritional deficit which ought to be considered an indicator of great concern is generally ignored by policymakers and experts. Unless this is addressed, rapid improvement in nutritional indicators cannot happen.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: CSTO
Mains level: Russia military moves in erstwhile USSR countries
A Moscow-led military alliance called Collective Security Treaty Organization (CSTO) dispatched troops to help quell mounting unrest in Kazakhstan.
Ongoing situation in Kazakhstan
- Long seen as one the most stable of the ex-Soviet republics of Central Asia, energy-rich Kazakhstan is facing its biggest crisis.
- There are ongoing protests over rising fuel prices escalated into widespread unrest.
- The nationwide protests are also signifying a wider, region-wide longing for political change.
- Under increasing pressure, Kazakh President appealed to the Russia for CSTO army to be deployed in Kazakhstan.
Concerns over CTSO troop’s deployment
- It is argued that domestic turmoil could be utilized by Russian nationalists for asserting their claims in Northern Kazakhstan.
What is CSTO?
- The CSTO is a Russia-led military alliance of seven former Soviet states that was created in 2002.
- Current CSTO members are Armenia, Belarus, Kazakhstan, Kyrgyzstan, the Russian Federation and Tajikistan.
- Afghanistan and Serbia hold observer status in the CSTO.
- Its purpose is to ensure the collective defence of any member that faces external aggression.
Outlined functions of CSTO
- Version of NATO: It has been described by political scientists as the Eurasian counterpart of NATO, which has 29 member states, while the CSTO has just six.
- Arms trade and mutual defense: CSTO supports arms sales and manufacturing as well as military training and exercises, making the CSTO the most important multilateral defence organization in the former Soviet Union.
- Non- proliferation of weapons: CSTO also coordinates efforts in fighting the illegal circulation of weapons among member states and has developed law enforcement training for its members in pursuit of these aims.
What does CSTO membership provide?
- Barring relations with NATO: While CSTO membership means that member states are barred from joining other military alliances, limiting, for example, their relationship with NATO.
- Benefits in arms import from Russia: Its members receive discounts, subsidies, and other incentives to buy Russian arms, facilitating military cooperation.
- Assurance against military conquest: In the CSTO, aggression against one signatory is perceived as aggression against all. It however remains unclear whether this feature works in practice.
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From UPSC perspective, the following things are important :
Prelims level: Scheduled Banks, Payment Banks
Mains level: Banking system in India
The Reserve Bank of India (RBI) has informed that Airtel Payments Bank Ltd. has been categorized as a Scheduled Bank.
Why such a move?
- With this, the bank can now pitch for government-issued Requests for Proposals (RFP) and primary auctions.
- It can undertake both Central and State Government businesses participating in government-operated welfare schemes.
What are Scheduled Banks?
- Scheduled Banks refer to those banks which have been included in the Second Schedule of Reserve Bank of India Act, 1934.
- Reserve Bank of India (RBI) in turn includes only those banks in this Schedule which satisfy the criteria laid down vide section 42(6)(a) of the said Act.
- Every Scheduled bank enjoys two types of principal facilities: it becomes eligible for debts/loans at the bank rate from the RBI; and, it automatically acquires the membership of clearing house.
- Banks not under this Schedule are called Non-Scheduled Banks
Types of Scheduled Banks
There are two main categories of commercial banks in India namely:
- Scheduled Commercial banks
- Scheduled Co-operative banks
Scheduled commercial Banks are further divided into 5 types as below:
- Nationalised Banks
- Development Banks
- Regional Rural Banks
- Foreign Banks
- Private sector Banks
Payment bank (currently four banks Airtel Payments Bank, Fino Payments Bank, India Post Payments Bank, Paytm Payments Bank have been granted Scheduled bank status).
Scheduled Co-operative banks are further divided into 2 types namely:
- Scheduled State Co-operative banks
- Scheduled Urban Co-operative banks
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Indian Rock System
Mains level: NA
The Ministry of Science & Technology has inaugurated India’s first open rock museum displaying different types of rocks gathered from different States of ages ranging from 3.3 billion years to around 55 million years.
Rock System in India
Based on this complex and varied geological history, the Geological Survey of India has classified rock systems of the country into 4 major divisions:
- Archaean Rock System
- Dravidian Rock System
- Purana Rock System
- Aryan Rock System
[I] Archaean Rock System:
The Archaean group of rocks consists of two systems-(a) Achaean granites and gneisses, and (b) Dharwarian sedimentary:
Archaean Gneisses and Schists (pre-2500 million years)
- The Archean System contains the first formed rocks of the earth.
- The rocks are primarily gneisses and granites, having no marks of fossils.
- They often underlie the strata formed subsequently and the system is generally known as the basement complex or fundamental gneisses.
- The Archaean rocks cover two-thirds of peninsular India. They also occur in the roots of the mountain peaks all along the Greater Himalayas, trans-Himalayan ranges of Zaskar, Ladakh and Karakoram.
Dharwar System (2500-1800 million years ago)
- The weathering of the Archaean rocks yielded the earliest sediments and formed the oldest sedimentary strata, the Dharwar system.
- These are found today in metamorphic forms and do not contain fossils.
- These rocks occur in scattered patches in parts of Karnataka, Tamil Nadu, central and eastern parts of Chotanagpur plateau, Meghalaya plateau, Aravalis, Himalayan region etc
Mineral contents:
- They contain gneisses (which range from granite to gabbro) and schists (crystalline rocks such as mica, talc etc.).
- These rocks have metallic and non-metallic minerals like copper, tin, graphite, lead, zinc, etc.
[II] Dravidian Rock System:
- This is also known as carboniferous rock system and formed during the Paleozoic era, i.e., from 600- 300 million years ago.
- They are not much abundant in India.
- They have plentiful fossils and beginning of coal formation can be seen in this period. The quality of carboniferous coal is high.
- They are found in extra- Peninsular regions of the Himalayas and the Gangetic plains.
Mineral content
- This type of rock system comprises of limestones, shale and quartzite and Mount Everest is formed of upper Carboniferous limestones.
- Most of the coal is not of the Carboniferous period, which is found in India.
- The meaning of Carboniferous in geology is coal-bearing.
[III] Purana Rock System:
The Purana rock system has two divisions: Cuddapah system and Vindhyan system. The word ‘Purana’ was used in place of a Proterozoic era in India.
Cuddapah Rock system:
- They are observed in Cuddapah districts of Andhra Pradesh.
- The non-fossiliferous clay, slates, sandstones and limestones were accumulated in the depression between two-fold mountains which is known as synclinal basins.
- They also have a large accumulation of building purpose cement grade limestones and quartzites.
- This type of rock contains ore of iron, cobalt, nickel, manganese etc.
Vindhya Rock System:
- This type of rock system is also ancient or old sedimentary rocks which are superimposed on the Archaean rock base and derived its name from Vindhya mountains.
- The recognition of fossils is negligible, only traces of few animal and plant life were found.
- This rock system has diamond-bearing regions from which Golconda and Panna diamond mined.
[IV] Aryan Rock System
The Aryan rock system in India has the following four subsystems:
- Gondwana rock system
- Jurassic Rock System
- Cretaceous system/ Deccan Trap
- Tertiary rock system
(1) Gondwana Rock System:
- These are found mainly in Raniganj, Jharia regions of Jharkhand, Damodar valley, Pench valley in Chhattisgarh and Madhya Pradesh.
- They are called so after the name of Gondwana tribe (indigenous people especially residing in Telangana and Andhra Pradesh region).
- In this type of rock system, you found metallic minerals like iron, manganese, uranium etc. other than coal.
- They have low carbon content as it is much younger than Carboniferous coal. These rocks have nearly 98% of India’s coal reserve.
(2) Jurassic Rock System
- During the latter part of Jurrasic when sea level rises as compared to land and shoreline moves towards ground or land which result in a flood. In geology, this phenomenon is called marine transgression.
- This gives rise to a thick series of shallow-water deposits kin Rajasthan and Kutch. Between the Guntur and Rajamundry, another transgression in the east coast of Peninsula.
- In Kuchchh, coral limestone, shales and conglomerates are found.
(3) Deccan traps
- These are formed by the flow of magma over the solidified rock system in layers.
- Deccan trap gets rise due to volcanic outburst over a major area of Peninsular India from the end of Cretaceous till the beginning of Eocene.
- The meaning of trap is “stair” or “step” in Swedish and called due to deposition of the volcanic outburst which has a flat top and steep sides.
- It is mainly found in parts of Kuchchh, Saurashtra, Maharashtra, the Malwa plateau and Northern Karnataka and presently cover near 5 lakh sq. Km.
- Regur, which is black soil, is formed due to the weathering of these rocks for a long time.
(4) Tertiary rock system
- The formation of this type of rock system occurs from 60 to 7 million years ago.
- It is the most noteworthy period in India’s geological history as the Himalayas were born and recent form came in this period.
Also read:
The Geological Structure of India
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From UPSC perspective, the following things are important :
Prelims level: CERT-IN
Mains level: Paper 2- Cybercrimes against women
Context
The open-source app, Bulli Bai, hosted on the web platform GitHub for “auctioning Muslim women” has laid bare the harassment women face online.
Cybercrimes against women
- As per the Telecom Regulatory Authority of India (TRAI) there were around 825 million internet users in India at the end of March 2021.
- The minuscule amount of rogue elements among these internet users have the lethal capability to create havoc in the nation, its polity, economy and the personal and professional lives of citizens.
- Reluctance to file case: Many times, police officers are approached by anxious parents, days before marriage, seeking help about fake profiles or morphed photographs of their daughters on the internet.
- A formal police case is thus never lodged.
- The stark reality is that cyber blackmailing, stalking and bullying is a humongous issue, causing a lot of stress to women and their families.
- NCRB statistics show that total cyber crimes in India during 2020 were 50,035, and those specifically against women were only 10,405.
Steps need to be taken
- Promt reporting and registration: To find out the true magnitude of cyber crime, prompt reporting and registration are the only options.
- International cooperation through treaties: There are many international gangs which successfully avoid detection as “servers” used by them are located outside India.
- International cooperation through formal treaties and informal channels has to be pursued.
- CERT-IN has been doing commendable work in this regard.
- Registering a criminal case is the first crucial step as it sets the law into motion, leading to tracing, arresting and prosecuting the rogues even if they are located outside the country.
- Increase awareness: There is need to increase awareness about cyber safety and security so that youth, especially young girls and women, take proper precautions while surfing the virtual world.
- Better policing: As for the police, we do need better infrastructure, more special cyber cells and police stations, regular training, and collaboration with cyber experts on a continuous basis.
- Strengthening the capability of forensic laboratories can lead to timely collection of evidence of cyber bullying, threatening, morphing and profiling.
- Many state labs do not have sufficient numbers of cyber experts to seize, preserve and store images of digital evidence essential for securing conviction in courts.
- The central government has given funds to states and Union territories under the Cyber Crime Prevention Against Women and Children (CCPWC) scheme to start “cyber forensic-cum-training laboratories”.
- Fast trial: Fast trial of cyber crimes would indeed help. As per the NCRB, during 2020, court trials were completed in only nine cases of cyber blackmailing and threatening with a 66.7 per cent conviction rate — 393 such cases are pending in courts.
- Systematic training of prosecutors and judicial officers in dealing with cyber crimes would definitely speed up trials.
Conclusion
Prompt reporting of cyber crime by citizens, technically proficient investigation by police adequately supported by forensics, and time-bound completion of court trials are essential for catching cyber offenders who are terrorising people, especially women, in the virtual as well as the real world.
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From UPSC perspective, the following things are important :
Prelims level: Antrix
Mains level: Read the attached story
A Canadian court has ordered the seizure of more than $30 million worth of Airport Authority of India’s assets.
Background
- In 2005, Devas Multimedia signed an agreement with Antrix —a commercial arm of the IISRO —to provide multimedia services to mobile users using the leased S-band satellite spectrum to be provided by Antrix.
- In 2011, the UPA-2 government canceled this agreement on the ground that it needed the S-band satellite spectrum for national security and other social purposes.
- This led to arbitration between Antrix and Devas at the International Chambers of Commerce (ICC) and two bilateral investment treaty (BIT) arbitrations. India lost all three disputes.
India’s non-compliance
- AAI and Air India are being targeted because they are Indian public sector entities with overseas assets and serve as a proxy for the government of India.
- The Canada court can do so through the concept of restrictive immunity.
- In the meanwhile, the National Company Law Tribunal (India) ordered the liquidation of Devas Multimedia on the ground that the affairs of the company were being carried on fraudulently.
Why did India cancel the deal?
- The scandal first came to light when in 2011, the news reported that there were some irregularities in the agreement between Antrix and Devas.
- They reported the findings of a draft audit report and pointed out discrepancies including financial mismanagement, conflict of interest, non-compliance of rules, and favoritism.
- This revelation came at the heel of the 2G spectrum scam which was condemned for the high level of corruption.
How can a Canadian court order the attachment of Indian assets?
- State immunity — a well-established principle of international law — shields a state and its property against legal proceedings in the courts of other countries.
- This covers immunity from both jurisdiction and execution.
- However, there is no international legal instrument in force dealing with state immunity in the municipal legal systems of different countries, which has created an international void.
- Consequently, countries have filled this void through their national legislations and domestic judicial practices on state immunity.
- Typically, prominent jurisdictions such as Canada follow the concept of restrictive immunity (a foreign State is immune only for sovereign functions) and not absolute immunity.
How can assets of AAI be seized when the claim is against India?
- In execution proceedings, assets of an entity can be seized if that entity is an alter ego of the State that fails to comply with the arbitral award.
- In other words, if the foreign sovereign exercises such extensive control over the entity, then the presumption that the entity has a separate corporate character is set aside.
- Thus, the Canadian court must have concluded that the Indian government extensively controls AAI.
What options does India have?
- The first option is to comply with the two adverse BIT awards. However, it is highly unlikely that India would do so.
- The second option is to challenge this decision in an appellate court in Canada as per Canadian law where India can try proving that the ‘extensive control requirement’ is not met in the case of AAI.
- However, state immunity from execution is purely a procedural hurdle to the enforcement of the BIT award.
- It cannot justify India’s breach of its international law obligations enshrined in the two BITs and the continued failure to comply with the arbitral awards.
Back2Basics: New Space India Limited (NSIL)
- It functions under the administrative control of the Department of Space (DOS).
- It aims to commercially exploit the research and development work of ISRO Centres and constituent units of DOS.
- The NSIL would enable Indian Industries to scale up high-technology manufacturing and production base for meeting the growing needs of the Indian space program.
- It would further spur the growth of Indian Industries in the space sector.
ANTRIX
- Antrix Corporation Limited (ACL), Bengaluru is a wholly-owned Government of India Company under the administrative control of the Department of Space.
- It is as a marketing arm of ISRO for promotion and commercial exploitation of space products, technical consultancy services and transfer of technologies developed by ISRO.
- Antrix is engaged in providing Space products and services to international customers worldwide.
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From UPSC perspective, the following things are important :
Prelims level: Article 348
Mains level: Official language of Judiciary
A Division Bench of the Gujarat High Court has asked a convict to speak only in English as that was the language in the higher judiciary referring to Article 348 of the Constitution which mandates that the language of the High Court would be English.
What is Article 348?
- It provides for languages to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc
- Article 348 (1) provides that all proceedings in the Supreme Court and in every High court shall be in English Language until Parliament by law otherwise provides.
- Under Article 348 (2), the Governor of the State may, with the previous consent of the President, authorize the use of the Hindi language or any other language used for any official purpose of the State.
- It states that in the proceedings of the High Court having its principal seat in that State provided that decrees, judgments or orders passed by such High Courts shall be in English.
When is use of other languages permitted?
- Section 7 of the Official Languages Act, 1963, provides that the use of Hindi or official language of a State in addition to the English language may be authorized.
- This has to be done with the consent of the President of India, by the Governor of the State for purpose of judgments etc. made by the High Court for that State.
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