Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 3- Geospatial sector
Context
Last year new guidelines took effect to completely de-regulate the geospatial sector for Indians.
Potential of India’s geospatial sector
- India has a robust ecosystem in geospatial, with the Survey of India (SoI), the Indian Space Research Organisation (ISRO), remote sensing application centres (RSAC)s, and the National Informatics Centre (NIC) in particular, and all ministries and departments, in general, using geospatial technology.
- However, the full benefits have yet to percolate to the public; neither is there much contribution to the nation’s GDP.
- The Prime Minister’s speech during Independence Day and mention of geospatial in the Union Budget have created the necessary buzz.
- The last year has also witnessed some activity on the ground.
- The most noticeable was the over subscription of the initial public offering of MapmyIndia.
- The other noticeable activity was the launching of a city mapping programme by Genesys International in India.
- Such an aggressive stance by investors for geospatial was not seen in the earlier regime; it is certain that the new guidelines have played a role.
Challenges
- Lack of demand: There is no demand for geospatial services and products on a scale linked to India’s potential and size.
- This is mainly due to the lack of awareness among potential users in government and private.
- Lack of skilled manpower: The other hurdle has been the lack of skilled manpower across the entire pyramid.
- Unavailability of foundation data: The unavailability of foundation data, especially at high-resolution, is also a constraint.
- Lack of clarity on data sharing: The lack of clarity on data sharing and collaboration prevents co-creation and asset maximisation.
- Lastly, barring a few cases, there are still no ready-to-use solutions especially built to solve the problems of India.
Suggestions
- Despite one year since the new guidelines came into effect, users are still not fully aware of things.
- Publish policy document: First and foremost is the need to publish the entire policy document and make government and private users aware of things.
- Data sharing protocol: The data available with government departments should be unlocked, and data sharing should be encouraged and facilitated.
- Standards: The Government needs to invest in developing standards and must mandate the adoption of standards
- Foundation data: While different types of data will be produced on a project-to-project basis, there is a need to generate foundation data across India.
- This should include the Indian national digital elevation model (InDEM), data layers for cities, and data of natural resources.
- Local technology and solutions should be promoted, and competition should be encouraged for quality output.
- As the new guidelines prevent high-accuracy data being stored in overseas clouds, there is a need to develop a geospatial data cloud locally and facilitate a solution as service.
- Professionals: Unlike the West, India lacks a strata of core professionals who understand geospatial end-to-end. India should start a bachelor’s programme in geospatial also in the Indian Institutes of Technology and the National Institutes of Technology.
- Besides these, there should be a dedicated geospatial university.
Conclusion
The geospatial sector in the country is rightly positioned for investment. However, clarity on the issues discussed and the creation of an enabling ecosystem are essential.
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From UPSC perspective, the following things are important :
Prelims level: PMLA
Mains level: Issues with PMLA
The Supreme Court is looking into allegations of the metamorphosis of the Prevention of Money Laundering Act (PMLA), brought to sniff out drug money, into a potent weapon to raid rivals and deny rights.
What is meant by money laundering?
- Money laundering is the process of making significant amounts of money obtained through criminal activities, such as drug trafficking or terrorist funding, appear to have come from a legitimate source.
- Large profits are made by illegal arms sales, drug trafficking, smuggling and prostitution rings, insider trading, bribery, and computer fraud schemes.
- As a result, it provides an incentive for money launderers to “legitimize” their ill-gotten gains through money laundering.
- The money generated is referred to as ‘dirty money,’ and money laundering is the act of converting ‘dirty money’ into ‘legitimate’ money.
Money Laundering Procedure:
It is a 3-stage process. They are:
- Placement: The first stage involves the injection of crime money into the formal financial system.
- Layering is the second stage, money injected into the system is layered and spread over various transactions in order to conceal the money’s tainted origin.
- Integration: In the third and final stage, money enters the financial system in such a way that the initial association with the crime is sought to be erased, and the money can then be utilized as clean money by the offender.
Some of the most Common Money Laundering Methods:
- Bulk cash smuggling, cash-intensive businesses, round-tripping,trade-based laundering, shell companies and trusts, bank capture, gambling, real estate, black salaries, fictional loans, hawala, and false invoicing
Prevention of Money Laundering Act (PMLA)
- PMLA, 2002 is an Act of the Parliament of India enacted by the NDA government to prevent money laundering and to provide for confiscation of property derived from money laundering.
- It was enacted in response to India’s global commitment (including the Vienna Convention) to combat the menace of money laundering.
- PMLA and the Rules notified there under came into force with effect from July 1, 2005.
- The act was amended in the year 2005, 2009 and 2012.
Objectives of PMLA
The PMLA seeks to combat money laundering in India and has three main objectives:
- To prevent and control money laundering.
- To confiscate and seize the property obtained from the laundered money; and
- To deal with any other issue connected with money laundering in India.
Key definitions
- Payment System: A system that enables payment to be effected between a payer and a beneficiary, involving clearing, payment or settlement service or all of them. It includes the systems enabling credit card, debit card, smart card, money transfer or similar operations.
- Money-laundering: Whosoever directly or indirectly attempts to indulge or assist other person or actually involved in any activity connected with the proceeds of crime and projecting it as untainted property.
- Attachment: Prohibition of transfer, conversion, disposition or movement of property by an appropriate legal order.
- Proceeds of crime: Any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence.
Salient features
- Punishment and Jail term: The Act prescribes that any person found guilty of money laundering shall be punishable with rigorous imprisonment from three years to seven years. The maximum punishment may extend to 10 years instead of 7 years.
- Powers of attachment of tainted property: The Director or officer above the rank of Deputy Director with the authority of the Director, can provisionally attach property believed to be “proceeds of crime”.
- Adjudicating Authority: It is the authority appointed by the central government which decides whether any of the property attached or seized is involved in money laundering.
- Presumption in inter-connected transactions: Where money laundering involves two or more inter-connected transactions. It is presumed that the remaining transactions form part of such inter-connected transactions.
- Burden of proof: A person, who is accused of having committed the offense of money laundering, has to prove that alleged proceeds of crime are in fact lawful property.
- Appellate Tribunal: It is given the power to hear appeals against the orders of the Adjudicating Authority and any other authority under the Act. Its orders are not final and can be challenged.
- Establishment of Special Court: To ensure speedy trial.
Issues with PMLA
- Misuse of central agencies: PMLA is being pulled into the investigation of even ordinary crimes by the Enforcement Directorate.
- Seizing of assets: Assets of genuine victims have been attached. The ED could just walk into anybody’s house.
- Politically motivated raids: In all this, the fundamental purpose of PMLA to investigate the conversion of “illegitimate money into legitimate money” was lost.
- Opacity of charges: Petitioners pointed out that even the Enforcement Case Information Report (ECIR) – an equivalent of the FIR – is considered an “internal document” and not given to the accused.
- Vagueness over evidences: The accused is called upon to make statements that are treated as admissible in evidence.
- Harassment: The ED begins to summon accused persons and seeks details of all their financial transactions and of their family members.
- Against individual liberty: The initiation of an investigation by the ED has consequences that have the potential of curtailing the liberty of an individual.
Way ahead
- It is unlikely that corruption can be substantially reduced without modifying the way government agencies operate.
- The fight against corruption is intimately linked with the reform of the investigations.
- Therefore the adjudicating authorities must work in cooperation and ensure the highest standards of transparency and fairness.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Data sovereignty issue
The Ministry of Home Affairs has recommended a ban on 54 Chinese mobile applications that pose a threat to the country’s security.
Legal basis of app ban
- The ban has been enforced under Section 69A of the Information Technology Act, 2000.
- This act empowers to issue directions for blocking for public access of any information through any computer resource.
- This is done in the interest of –
- sovereignty and integrity of India
- defense of India, security of the State
- friendly relations with foreign states
- public order (or)
- for preventing incitement to the commission of any cognizable offense relating to above
Why MHA has put such a ban?
- Most of these apps were operating as clones or shadow apps of the apps that had earlier been banned by the government.
- There was stealing and secretly transmitting users’ data in an unauthorized manner to servers that have locations outside India.
- These apps largely impact the psychosocial abilities of the users.
- The immediate decision has been taken in a specific strategic and national security
Implications of the ban
- India’s offensive: The move comes as an exercise of coercive diplomacy with China amid the heated exchange of words during the diplomatic boycott on the winter Olympics.
- Hurting china’s ambitions: The ban may affect one of China’s most ambitious goals, namely to become the digital superpower of the 21st century.
- Data nationalization: The ban is also based on the recognition that data streams and digital technology are a new currency of global power.
Issues with the ban
- Not only China: Data privacy and data security concerns are not limited only to Chinese apps.
- Harm already caused: The apps that were banned were very popular in India and the move to block them comes after these apps had already amassed hundreds of millions of users in India.
- Further dependency on China: The ban on Chinese mobile apps is a relatively soft target, as India remains reliant on Chinese products in several critical and strategically sensitive sectors.
Way Forward
- There is a strong case to revise the key legislations and sync them to change the digital environment.
- Data privacy and security remain to be major challenges emanating from the ongoing digital revolution.
- Thus, a data protection law is long overdue.
- India must speed up indigenization, research, and development, and frame up a regulatory architecture to claim data sovereignty.
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From UPSC perspective, the following things are important :
Prelims level: Charaka, Charaka Samhita, Ayurveda
Mains level: Medical Ethics of Charaka
The National Medical Commission (NMC), the regulator for medical education and practices that replaced the Medical Council of India in 2020, has suggested to medical colleges that the traditional Hippocratic Oath should be replaced by a “Charak Shapath”.
Who was Hippocrates?
- The Hippocratic Oath is attributed to Hippocrates of the island of Kos, a Greek physician of the classical period (4th-5th centuries BC, until the death of Alexander the Great in 323 BC).
- It broadly corresponds to the period from the death of the Buddha (486 BC) to the rise of the Mauryas (321 BC) in India.
- Among the great contemporaries of Hippocrates were the Athenian philosopher Plato and his teacher Socrates, and Plato’s student and Alexander’s tutor, the polymath Aristotle.
- He is regarded as the “father of modern medicine”.
What is the Hippocratic Oath?
- Basically, the Hippocratic Oath is a charter of ethical principles that physicians over the ages have sworn to uphold in the practice of their profession.
- The earliest available fragments of what is understood to be the original oath date back to the late 3rd century AD, and a millennium-old version is now in the library of the Holy See.
What are general outlines of a Medical Oath?
- Always exercise his/her independent professional judgment and maintain the highest standards of professional conduct
- Respect a competent patient’s right to accept or refuse treatment
- Not allow his/her judgment to be influenced by personal profit or unfair discrimination
- Be dedicated to providing competent medical service in full professional and moral independence, with compassion and respect for human dignity
- Deal honestly with patients and colleagues, and report to the appropriate authorities those physicians who practice unethically or incompetently or who engage in fraud or deception
- Certify only that which he/she has personally verified
- Respect the local and national codes of ethics
About Charaka and Charak Samhita
- The Charak Samhita is a medical pharmacopeia and collection of commentaries and discussions on medical practices that is dated to the 1st-2nd centuries AD.
- Along with the compendium of Susruta (c. 4th century AD), which is about surgery, the Charak Samhita is considered the foundational text of ancient Indian medicine,.
- It is an evolved system of understanding and treating disease that resembled that of Hippocrates and Galen (2nd century AD), and was in some ways ahead of the Greeks.
- In theory and praxis, ayurvedic medicine today remains broadly unchanged from these ancient Indian principles.
The medical ethics of Charaka
- The physician was an important and respected member of ancient Indian society, and medical practice followed rules of professional conduct and ethical principles. It goes on to say that-
- You must strive with all your soul for the health of the sick.
- You must not betray your patients, even at the cost of your own life.
- You must not get drunk, or commit evil, or have evil companions.
- You must be pleasant of speech…and thoughtful, always striving to improve your knowledge.
- When you go to the home of a patient you should direct your words, mind, intellect, and senses nowhere but to your patient and his treatment.
- Nothing that happens in the house of the sick man must be told outside, nor must the patient’s condition be told to anyone who might do harm by that knowledge to the patient or to another.
- This ethical code is universal, and remains just as relevant and applicable today.
Arguments in favour of Charaka Oath
- There is no universally accepted version of the physician’s oath.
- Many medical schools around the world hold a ceremony in which graduating doctors swear to a broad charter of ethics that are sometimes customised by individual institutions.
- A version of the ‘physician’s code of ethics’ is commonly displayed in hospitals or clinics in most places, including India.
Issues with this oath
- The opposition has criticised the proposal as an attempt to saffronise medical education.
- Introducing Indian elements into Indian education is necessary, but not at the expense of universal values and standards.
- Like several other sages mentioned in the literature of ancient India, the historicity of Charaka is still uncertain.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Erra Matti Dibbalu
Mains level: NA
Citizens join hands to preserve the geological marvel of Erra Matti Dibbalu in Visakhapatnam.
What is Erra Matti Dibbalu?
- Located between Visakhapatnam and Bheemunipatnam, the Erra Matti Dibbalu are rare red sand dunes that are a reminder of the million years of geological processes.
- Its towering red sand dunes with patches of greenery is like a meandering maze.
- The width of the dunes, which runs for five kilometres along the coast, varies from 200 metres to two kilometres.
- It is listed among the 34 notified National Geological Heritage Monument Sites of India by the Geological Survey of India.
(Don’t they resemble to Ravines of Chambal?)
Its formation
- Studies indicate that the area was tectonically active between 2.5 million years and 11,000 years ago.
- The sediments are mainly derived from the Khondalite rocks from the hinterland of the Eastern Ghats.
- Geologically these red sand dune sediments particularly hold significance.
- They are the result of the combined effect of numerous factors including global climatic changes, sea-level variations, monsoonal variability and as a result serves as valuable paleo-environment indicators.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Tilka Manjhi
Mains level: Tribal Revolts during colonial times
The Nation is remembering revolutionary freedom fighter and tribal leader Tilka Manjhi on his 272nd birth anniversary.
Tilka Manjhi (1750-1785)
- He organized Adivasis into an army and led the famous Santhal Hool in 1784 against the exploitative British.
- In 1770, there was a severe famine in the Santhal region and people were dying of hunger.
- Tilka Manjhi looted the treasury of the East India Company and distributed it among the poor and needy.
- Inspired by this noble act of Tilka, many other tribals also joined the rebellion.
- With this began his Santhal Hool, the revolt of the Santhals.
- He continued to attack the British and their sycophantic allies.
- From 1771 to 1784, Tilka Manjhi never surrendered.
Offensive with the colonists
- Tilka Majhi attacked Augustus Cleveland, an East India Company administrator and fatally wounded him.
- The British surrounded the Tilapore forest from which he operated but he and his men held them at bay for several weeks.
- When he was finally caught in 1784, he was tied to the tail of a horse and dragged all the way to the Collector’s residence at Bhagalpur, Bihar, India.
- There, his deeply wounded body was hung from a Banyan tree.
Try this question from CSP 2018:
Q.After the Santhal uprising subsided, what was/ were the measure/measures taken by the colonial government?
- The territories called ‘Santhal Paraganas’ were created.
- It became illegal for a Santhal to transfer land to a non Santhal.
Select the correct answer using the code given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Post your answers here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 16
Mains level: Paper 2- Reservation in jobs for locals
Context
Last week, the Punjab and Haryana High Court admitted a petition challenging the constitutionality of the Act, and stayed the implementation until it heard the case.
Laws raises constitutional questions
- There are at least three important constitutional questions that arise from this Act.
[1] Violation of Article 19(1)(g)
- Article 19(1)(g) of the Constitution guarantees freedom to carry out any occupation, trade or business.
- There may be reasonable restrictions “in the interests of the general public”, and in particular related to specifying any professional or technical qualifications, or to reserve a sector for government monopoly.
- This Act, by requiring private businesses to reserve 75% of lower end jobs for locals, encroaches upon their right to carry out any occupation.
- In 2005, in the P.A. Inamdar case, Supreme Court said that reservation cannot be mandated on educational institutions that do not receive financial aid from the state, as that would affect the freedom of occupation.
[2] Violation of Article 16
- The provision of reservation by virtue of domicile or residence may be unconstitutional.
- Article 16 of the Constitution specifically provides for equality of opportunity for all citizens in public employment.
- It prohibits discrimination on several grounds including place of birth and residence.
- However, it permits Parliament to make law that requires residence within a State for appointment to a public office.
- This enabling provision is for public employment and not for private sector jobs.
- And the law needs to be made by Parliament, and not by a State legislature.
[3] Breaching of 50% limit
- In the Indra Sawhney case in 1992, the Supreme Court capped reservations in public services at 50%.
- It however said that there may be extraordinary situations which may need a relaxation in this rule.
- It also specified that “in doing so, extreme caution is to be exercised and a special case made out”.
- That is, the onus is on the State to make a special case of exceptional circumstances, for the 50% upper limit on reservations to be relaxed.
- It stated that the 50% limit is “to fulfil the objective of equality”, and that to breach the limit “is to have a society which is not founded on equality but on caste rule”.
- The Haryana Act does not further “caste rule” as it is for all residents of the State irrespective of caste but it breaches the notion of equality of all citizens of India.
[4] Against the conception of India as a one nation
- The Constitution conceptualises India as one nation with all citizens having equal rights to live, travel and work anywhere in the country.
- These State laws go against this vision by restricting the right of out-of-State citizens to find employment in the State.
- This restriction may also indirectly affect the right to reside across India as finding employment becomes difficult.
- If more States follow similar policies, it would be difficult for citizens to migrate from their State to other States to find work.
[5] Economic implications
- The move may potentially increase the costs for companies.
- There may also be an increase in income inequality across States as citizens of poorer States with fewer job opportunities are trapped within their States.
Conclusion
The courts, while looking at the narrow questions of whether these laws violate fundamental rights, should also examine whether they breach the basic structure of the Constitution that views India as one nation which is a union of States, and not as a conglomeration of independent States.
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From UPSC perspective, the following things are important :
Prelims level: GHG from agriculture
Mains level: Paper 3- Moving toward net-zero agriculture
Context
In the backdrop of the 2070 carbon neutrality target set by India at the CoP26 in Glasgow, the Union Budget for 2022-23 has listed “climate action” and “energy transition” as one of the four priorities for the Amrit Kaal.
Climate related announcement in Budget 2022-23
- An additional allocation of Rs 19,500 crore for solar PV modules has been made.
- The finance minister also talked of co-firing of 5-7 per cent of biomass pellets in thermal power plants, “sovereign green bonds” and a “battery-swapping policy”.
- These are positive steps towards making the energy and transport sectors less polluting.
How agriculture impact environement
- Agriculture contributes 73 per cent of the country’s methane emissions.
- Third largest emitter: India has kept away from the recent EU-US pledge to slash methane emissions by 30 per cent by 2030, despite the country being the world’s third largest emitter of methane.
- As per the national GHG inventory, the agriculture sector emits 408 MMT of carbon-dioxide equivalent and rice cultivation is the third highest source (17.5 per cent) of GHG emissions in Indian agriculture after enteric fermentation (54.6 per cent) and fertiliser use (19 per cent).
- Paddy fields are anthropogenic sources of atmospheric nitrous oxide and methane, which have been reckoned as 273 and 80-83 times more powerful than carbon dioxide in driving temperature increase in 20 years’ (Sixth Assessment Report IPCC 2021).
- Moreover, paddy fields require about 4,000 cubic metres of water per tonne of rice for irrigation.
- There is scientific evidence that intermittent flooding reduces water and methane emissions but increases nitrous oxide emissions.
- Thus, lowering of methane emissions through controlled irrigation does not necessarily mean net low emissions.
- Role of subsidies and procurement policies: The environmental damage caused by agriculture is largely a result of the various kinds of subsidies — on urea, canal irrigation and power for irrigation — as well as the minimum support prices (MSP) and procurement policies concentrated on a few states and largely on two crops, rice, and wheat.
Excess rice and wheat stock
- As of January 1, the stocks of wheat and rice in the country’s central pool were four times higher than the buffer stocking requirement.
- Rice stocks with the Food Corporation of India (FCI) are seven times the buffer norms for rice.
- The financial value of these excessive grain stocks is Rs 2.14 lakh crore, of which Rs 1.66 lakh crore is because of excess rice stocks — as per the economic cost of rice and wheat given by the FCI.
- All this does not just reflect inefficient use of scarce capital, the amount of greenhouse gases (GHG) embedded in these stocks is also large.
Way forward
- Carbon tax: According to the IMF, the world needs a carbon tax of $ 75 per tonne by 2030 to reduce emissions to a level consistent with a 2 degree Celsius warming target.
- India does not have an explicit carbon-price yet, but many countries have begun to implement carbon pricing.
- Revisiting policies: The Economic Survey 2021-22 points out that the country is over-exploiting its ground water resource (see map), particularly in the northwest and some parts of south India.
- This calls for revisiting policies to subsidise power and fertilisers, MSP and procurement and reorient them towards minimising GHG emissions.
- Farmer groups and the private sector can be mobilised to develop carbon markets in agriculture, both at the national and international levels, which can reward farmers in cash for switching from carbon-intensive crops to lower GHG emissions.
Consider the question “Elaborate on the impact of agriculture on the environment. Suggest the changes needed in Indian agriculture policies to reduce the impact.”
Conclusion
Such a move towards “net-zero” agriculture will give India a “climate smart” agriculture in Amrit Kaal. And, if we can protect productivity levels with a low-carbon footprint, it will help India to access global markets too.
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From UPSC perspective, the following things are important :
Prelims level: Life Insurance Corporation of India (LIC)
Mains level: Disinvestment in India
The Union government has filed a draft document with the stock market regulator for selling 5% of its shares in the Life Insurance Corporation (LIC) of India.
Details of the IPO
- The IPO is a 100% OFS [offer for sale] by the Government of India and entails no fresh issue of shares by LIC.
- 6 Crore shares are on offer representing 5% of the government’s equity in the firm.
- As much as 10% of the offer could be reserved for LIC policyholders, as per the regulatory filing, and another 5% of the shares may be reserved for employees.
About Life Insurance Corporation of India (LIC)
- LIC is an Indian state-owned insurance group and investment corporation owned by the Government of India.
- It was founded in 1956 when the Parliament of India passed the Life Insurance of India Act that nationalized the insurance industry in India.
- Over 245 insurance companies and provident societies were merged to create the state-owned LIC.
Why LIC?
- LIC is India’s largest financial institution.
- When listed on stock exchanges, it could easily emerge as the country’s top listed company in terms of market valuation, overtaking current leaders Reliance and TCS.
- It is also the largest investor in government securities and stock markets every year.
- On average, LIC invests Rs 55,000 crore to Rs 65,000 crore in stock markets every year and emerges as the largest investor in Indian stocks.
- LIC also has huge investments in debentures and bonds besides providing funding for many infrastructure projects.
Impacts of listing of LICs
- Profit-making for govt: The government is trying to make the most of the brand value of LIC, given that it is one of the few remaining profit-making entities owned by the state.
- Better returns: Listing will boost LIC’s efficiency and thereby policy returns.
- Reforming the insurance sector: LIC will also become more competitive. This will put pressure on its peers to innovate, benefitting policyholders in terms of pricing, product features, and services.
- Better financial position: Less govt interference will be a positive for LIC’s financial health.
- Risk-free: As long as a sovereign guarantee over the maturity proceeds and the sum assured to continue, policyholders won’t perceive any risk.
Various challenges
- Structural challenges: LIC can even evolve into a bank like many of its global peers like Axa, Berkshire, and Munich Re.
- Market hurdles: LIC’s own issues are not the only challenge the company would face in going public. It also remains to be seen if the Indian share market is ready to absorb such a large public issue.
- Impact on growth: The size of the IPO will determine the extent of liquidity it will suck out, but Indian markets do not have the depth to take the issue of a very size.
- Fears of disclosure: The Company’s books and operations have been opaque for far too long but it is trusted by 250 million policyholders.
- Investors trust at risk: Being one of the biggest financial institutions of the country, the move to privatize LIC will shake the confidence of the common man and will be an affront to our financial sovereignty.
Way Forward
- Over the years, LIC has become the lender of last resort to the Government of India.
- Confronted with an unprecedented fiscal deficit and worried by an economy in crisis, the government has to find resources.
- This disinvestment is also a preferred option for ideological and practical reasons.
- The government could utilize the money gained by selling off its stakes to improve services in public goods like infrastructure, health, and education.
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From UPSC perspective, the following things are important :
Prelims level: Various articles mentioned in news
Mains level: Need for UCC
Poll-bound Uttarakhand CM’s announcement to prepare a draft of the Uniform Civil Code (UCC) in the State, raises questions over whether an individual State can bring its own family law 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 endeavor 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: A reality check
- Fundamental rights are enforceable in a court of law.
- While Article 44 uses the words “the state shall endeavor”, other Articles in the ‘Directive Principles’ chapter use words such as “in particular strive”; “shall, in particular, direct its policy”; “shall be an obligation of the state” etc.
- Article 43 mentions “state shall endeavor 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 bedrock 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 religions 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 organizations, including Hindu organizations.
- 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 favor 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 the integration of India by bringing communities on the common platform on matters which are at present governed by diverse personal laws.
- Hence UCC should be enforced taking into confidence all the sections of Indian society.
- Goa’s Portuguese Civil Code of 1867 is an example of a common family law existing in harmony.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Drones
Mains level: Ban on drone import
The Government has banned the import of drones barring for R&D, defense, and security purposes.
Why in news?
- To promote Make-in-India drones.
- Before this order, the import of drones was “restricted” and needed prior clearance of the Directorate General of Civil Aviation (DGCA) and an import license from DGFT.
India’s sources of Imports
- For its defense needs, India imports from Israel and the US.
- Consumer drones such as those used for wedding photography come from China and drones for light shows also come from China apart from Russia.
Why need drones?
- Indian drone manufacturers and service providers arrange drones for a variety of use cases such as survey and mapping, security and surveillance, inspection, construction progress monitoring, and drone delivery.
What does the order say?
- The Directorate General of Foreign Trade (DGFT) issued an order prohibiting with immediate effect the import of drones in Completely-Built-Up (CBU), Semi-knocked-down (SKD), or Completely-Knocked-down (CKD) forms.
- Import of drones by government entities, educational institutions recognized by the Central or State governments, government-recognized R&D entities, and drone manufacturers for R&D purposes as well as for defense and security purposes will be allowed.
- For this, there has to be an import authorization obtained from the DGFT.
- The import of drone components is “free”, implying that no permission is needed from the DGFT allowing local manufacturers to import parts like diodes, chips, motors, lithium-ion batteries, etc.
Steps taken to promote indigenous drone manufacturing
- In August last year, the Government brought out liberalized Drone Rules, 2021 which reduced the number of forms to be filled to seek authorization from 25 to five.
- They also dispensed with the need for security clearance before any registration or issuance of the license.
- R&D entities too have been provided blanket exemption from all kinds of permissions, and restrictions on foreign-owned companies registered in India have also been removed.
- The Government has also announced a production-linked incentive scheme for drones and drone components with the aim to make India a “global drone hub by 2030”.
- Foreign manufacturers will be encouraged to set up assembly lines in India.
Why such a blanket ban?
- Most drone manufacturers in India assemble imported components in India, and there is less manufacturing.
- The import ban will ensure that an Indian manufacturer has control of the IP, design, and software which gives him or her a total understanding and control of the product.
- Over a period of time, this can enable further indigenization.
Possible repercussions of the ban
- The ban is likely to hurt those who use drones for photography and videography for weddings and events.
- These drones primarily come from China because they are cheaper and easy to use and India still has a lot of catching up to do in manufacturing them.
Also read
[Sansad TV] Perspective: Keeping Drones in Check
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From UPSC perspective, the following things are important :
Prelims level: Modernization of Police Forces Scheme
Mains level: Police reforms in India
The Union government has approved the continuation of a police modernization scheme for five years up to 2025-26 with a financial outlay of ₹26,275 crores.
What is the Modernization of Police Forces Scheme?
- Police’ and ‘law and order’ fall under the category of subjects within the domain of the State as per Entry 2 of List II of the VIIth Schedule in the Constitution of India.
- Thus, the principal responsibility for managing these subjects lies with the State Governments.
- However, the States have not been able to fully modernize and equip their police forces up to the desired level due to financial constraints.
- It is in this context that the Ministry of Home Affairs (MHA) has been supplementing the efforts and resources of the States, from time to time, by implementing the MPF Scheme since 1969-70.
Objectives:
- The focus of the scheme is to strengthen police infrastructure at cutting edge level by constructing secure police stations, training centers, police housing (residential), equipping the police stations with the required mobility, modern weaponry, communication equipment, and forensic set-up, etc.
Components of the scheme
- The scheme included security-related expenditure in J&K, northeastern States, and Maoist-affected areas, for raising new battalions, developing high-tech forensic laboratories and other investigation tools.
- Provisions have been made under the scheme for internal security, law and order, and the adoption of modern technology by the police.
- Assistance will be given to the States for narcotics control and strengthening the criminal justice system by developing a robust forensic setup in the country.
Funding pattern
- Under the Scheme, the States are grouped into two categories, namely Category ‘A’ and Category ‘B’ for the purpose of funding both under ‘Non-Plan’ and Plan.
- Category ‘A’ States, namely, J&K and 8 North Eastern States including Sikkim will be eligible to receive financial assistance on a 90:10 Centre: State sharing basis.
- The remaining States will be in Category ‘B’ and will be eligible for financial assistance on a 60:40 Centre: State sharing basis.
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From UPSC perspective, the following things are important :
Prelims level: Capital Gains Tax
Mains level: Not Much
The capital gains tax structure in India is complicated, and it is time for a relook since the union budget has provisions for 30% tax on cryptocurrency.
What is Capital Gains Tax?
- Capital gains tax is levied on the profits made on investments.
- It covers real estate, gold, stocks, mutual funds, and various other financial and non-financial assets.
Types
- It is divided into long-term capital gains tax (LTCG) and short-term capital gains tax (STCG) depending on how long you have held the investment in question.
- Unlike income tax, the percentage of tax does not change on the basis of your overall tax slab.
- The LTCG tax, excluding surcharge, on equity is the same for gains of ₹10 lakh or ₹10 crore.
- There is also a separate set of deductions that apply to LTCG, which do not apply to ordinary income.
Why is it so complicated?
Capital gains tax is complicated for a few primary reasons.
- First, the rate changes from asset to asset. LTCG tax on stocks and equity mutual funds is 10% but on debt mutual funds is 20% with indexation.
- Second, holding period changes from asset to asset. The holding period for LTCG tax is two years in real estate, one year for stocks, and three years for debt mutual funds and gold.
- Third, exemptions available against it come with their own complex conditions. For instance, buying a house after selling one can get you an exemption, but the new house must be bought in two years or built in three years of the sale.
Is cryptocurrency taxed as capital gains?
- The 2022 budget has proposed a 30% tax on cryptocurrency, which is higher than capital gains tax in many cases.
- Besides, under capital gains tax, investors can adjust profits and losses on different investments against each other or against profits/losses in the future.
- However, this cannot be done with cryptocurrency.
What distortions does it create?
- As capital gains tax is the same regardless of your overall income it can compound inequality.
- For instance, a person with a salary of ₹40 lakh will pay 30% tax on it but just 10% LTCG tax on gains from stock trading.
- A person with a salary of ₹5 lakh will pay a 5% tax on it but the same 10% LTCG tax on stock trading.
- Second, the smaller one-year qualifying period for LTCG in stocks compared to three years in debt mutual funds may encourage short-term trading in equity.
What can be done to fix these anomalies?
- The government can bring about uniformity in rates and holding periods for various assets to ensure that the tax for one asset is not more attractive than another.
- A uniform and long holding period to qualify for LTCG can also discourage short-term trading and speculative behavior in assets such as stocks.
- The exemptions for LTCG such as reinvestment in another house property or capital gains bonds can also be made simpler, with fewer conditions.
- Small investors can also be given relief by reducing rates of capital gains.
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From UPSC perspective, the following things are important :
Prelims level: Earth Observation Satellites (EOS)
Mains level: Not Much
After a disappointing 2021 which saw just one successful launch, ISRO is getting back to business with the EOS-04, an earth observation satellite.
What are EOS?
- An EOS or Earth remote sensing satellite is a satellite used or designed for Earth observation (EO) from orbit.
- It includes spy satellites and similar ones intended for non-military uses such as environmental monitoring, meteorology, cartography, and others.
- The most common type is Earth-imaging satellites that take satellite images, analogous to aerial photographs.
- Some EOS may perform remote sensing without forming pictures, such as in GNSS radio occultation.
What is EOS-04 all about?
- The EOS-04 is fourth in a series of earth observation satellites that are being launched under a new generic name.
- It is designed to provide high-quality images for applications such as agriculture, forestry, and plantations, flood mapping, soil moisture, and hydrology.
- It will complement the data from Resourcesat, Cartosat and RISAT-2B series of satellites that are already in orbit.
Why such different nomenclature?
- Two years ago, ISRO had moved to a new naming system for its earth observation satellites which till then had been named thematically, according to the purpose they were meant for.
- The Cartosat series of satellites were meant to provide data for land topography and mapping, while the Oceansat satellites were meant for observations overseas.
- Some INSAT-series, Resourcesat series, GISAT, Scatsat, and a few other earth observation satellites were named differently for the specific jobs they were assigned to do, or the different instruments that they.
- All these would now become part of the new EOS series of satellites.
What other satellites are being launched?
- Besides EOS-04, two other small satellites —INSPIREsat-1 and INS-2TD — will ride on the heaviest version of the PSLV rocket in the early hours from the Sriharikota launch range.
- The other co-passenger, INS-2TD, is a technology demonstrator for the first India-Bhutan joint satellite that is scheduled to be launched next month.
- The two countries had signed a space agreement last year, and its first outcome would be the launch of Bhutan-Sat, or INS-2B, on a PSLV rocket.
How many satellites does India have in space?
- India currently has 53 operational satellites, of which 21 are earth observation ones and another 21 are communication-based.
- EOS-4 launch would be the 54th flight of the PSLV rocket, and the 23rd of its most powerful XL-version that has six strap-on boosters.
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From UPSC perspective, the following things are important :
Prelims level: World Food Programme (WFP)
Mains level: NA
India signed an agreement with the United Nation’s World Food Programme (WFP) for the distribution of 50,000 tonnes of wheat that it has committed to sending Afghanistan as part of humanitarian assistance.
What is WFP?
- The WFP is the food-assistance branch of the United Nations (UN).
- It is the world’s largest humanitarian organization focused on hunger and food security, and the largest provider of school meals.
- Founded in 1961, it is headquartered in Rome and has offices in 80 countries.
- In addition to emergency food relief, WFP offers technical assistance and development aid, such as building capacity for emergency preparedness and response, managing supply chains and logistics, etc.
- The agency is also a major provider of direct cash assistance and medical supplies and provides passenger services for humanitarian workers.
Feats achieved
- As of 2020, it served 115.5 million people in 80-plus countries, the largest since 2012.
- The WFP was awarded the Nobel Peace Prize in 2020 for its efforts to provide food assistance in areas of conflict and to prevent the use of food as a weapon of war and conflict.
WFP in Afghanistan
- The wheat will be taken through Pakistan to the Afghan border crossing and handed over to WFP officials in Kandahar.
- The WFP runs its own logistics network inside Afghanistan, partnering with civil society groups.
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From UPSC perspective, the following things are important :
Prelims level: Chandernagore
Mains level: Colonization of India
The Registry Building, a two-storey structure at Chandernagore built in 1875 and a symbol of French settlement of the colonial town, has been awaiting restoration for a long time.
French in India
- France was the last of the major European maritime powers of the 17th century to enter the East India trade.
- The French settlement in India began in 1673 with the purchase of land at Chandernagore from the Mughal Governor of Bengal.
- The next year they acquired Pondicherry from the Sultan of Bijapur. Both became the centers of maritime commercial activities of the French in India.
- Joseph Francois Dupleix who was initially appointed as Intendent of Chandernagore in 1731, sowed the seeds of colonization.
- The village, which hitherto was engaged in maritime commerce along with Pondicherry, got fortified by him.
Significance of Chandernagore
- Chandernagore, though a part of French colonies in India, was unique in many ways.
- It was very active in spearheading the freedom movement against the British. Due to its close proximity to Calcutta, it became a safe haven for freedom fighters of all hues.
- Even Aurobindo Ghosh who was one of the accused in the Alipore Bomb case of 1909, was acquitted unconditionally and after a short stay at Chandernagore moved to Pondicherry.
- Since the partition of Bengal in 1905, Chandernagore was in the thick of activities of freedom fighters against the British and produced several martyrs including Kanailal Dutt.
Merger into India
- As the British decided to hand over powers to the people of India by August 15, 1947, the people living under French rule in Pondicherry, Chandernagore, Karaikal, Mahe and Yanam were eager to join their homeland.
- But the French were yet to learn their lessons. They tried all the tricks in the book to avert this.
- Facing the onslaught from the people under their rule and the British and Indian rulers, the French declared Chandernagore as free city in 1947.
- In June 1948, they conducted a referendum in which an overwhelming majority of 97 per cent people opted for a merger with India.
- After so many legal hurdles, it became a part of India on October 2, 1955.
Back2Basics: European Colonies in India
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From UPSC perspective, the following things are important :
Prelims level: Zero Trust Model
Mains level: Paper 3- Cyber security
Context
Cyber-attacks may be a relatively new phenomenon, but in a short timeframe have come to be assessed as dangerous as terrorism.
A cyber attack is a type of attack that targets computer systems, infrastructures, networks, or personal computer devices using various methods at hand. India is ranked 10th (among 194 countries) in the Global Cybersecurity Index (GCI) 2020 ahead of China and
Pakistan.
The increasing threat of cyber attacks
- Stuxnet Worm in 2010: Resulted in large-scale damage to Iran’s centrifuge capabilities.
- Natanz nuclear facility (Iran) in 2021: Targeted the industrial control systems and destroyed the power supply to centrifuges used to create enriched uranium
- Chinese cyberattack on the power system in Mumbai brought the entire city to a halt.
- Ransomware as a Service (RaaS) — a business model for ransomware developers — is no mere idle threat.
- Advanced Persistent Threats (APT) attacks are set to increase, with criminal networks working overtime and the Dark web allowing criminals to access even sensitive corporate networks.
Tools of Cyberattacks
- Malware: Malicious software to disrupt computers. It can include Viruses, Spyware, Trojans, etc.
- Phishing: It is the method of trying to gather personal information using deceptive e-mails and websites.
- Denial of Service attacks: A Denial-of-Service (DoS) attack is an attack meant to shut down a machine or network, making it inaccessible to its intended users.
- Hacktivism: Misusing a computer system or network for a socially or politically motivated reason. For example, hacktivists can block access to Government’s website, deface the government’s website or unblock the sites which have been blocked by the Government.
- Social Engineering: Entice users to provide confidential information. For example, these days u must have come across some of the fake Facebook accounts which are opened in the name of your close friends. First, the cyber attackers send you the friend request in the name of your close friend. Once u accept it, they will ask to request you to transfer some money.
Consequences of Cyberattacks
- Impact on data: Confidentiality, Integrity and Availability of information.
- Impact on Critical Information Infrastructure: Presently, most of the sectors are critically dependent on the use of ICT to carry on their operations. These sectors are Banking and Finance, Power systems, Transport sector, Telecommunication, etc. Cyber attacks on these critical information infrastructures can bring the entire country to a grinding halt. For example, the recent Chinese cyber attack on the power system in Mumbai brought the entire city to a halt.
- Creates Distrust: A cyber-attack on a specific component exposes vulnerabilities in the entire system which may negatively impact relations with allies and adversaries and questions our nuclear reliability.
- Financial loss: Estimates of the cost to the world in 2021 from cyberattacks are still being computed, but if the cost of cybercrimes in 2020 (believed to be more than $1 trillion) is any guide, it is likely to range between $3trillion-$4 trillion.
- Threat to National Security and peace and stability in a country.
Steps taken by India to improve Cyber Security
- Section 66F of ITA: Specific provision dealing with the issue of cyber terrorism that covers denial of access, unauthorized access, introduction of computer contaminant leading to harm to persons, property, critical infrastructure, disruption of supplies, ‘sensitive data’ thefts. Provides for punishment which may extend to life imprisonment.
- National Cyber Security Policy 2013: Policy document drafted by the Department of Electronics and Information Technology. Established National Critical Information Infrastructure Protection Centre (NCIIPC) to improve the protection and resilience of the country’s critical infrastructure information; Create a workforce of 5 lakh professionals skilled in cybersecurity in the next 5 years.
- National Critical Information Infrastructure Protection Centre (NCIIPC): It has been setup to enhance the protection and resilience of Nation’s Critical information infrastructure. It functions under the National Technical Research Organization (NTRO).
- CERT-IN: Organization under the Ministry of Electronics and Information Technology with an objective of securing Indian cyberspace. The purpose of CERT-In is to respond to computer security incidents, report on vulnerabilities, and promote effective IT security practices throughout the country. According to the provisions of the Information Technology Amendment Act 2008, CERT-In is responsible for overseeing the administration of the Act.
- Cyber Surakshit Bharat Initiative: It was launched in 2018 with an aim to spread awareness about cybercrime and build capacity for safety measures for Chief Information Security Officers (CISOs) and frontline IT staff across all government departments.
- Cyber Crisis Management Plan (CCMP): It aims at countering cyber threats and cyber-terrorism.
- National Cyber Coordination Centre (NCCC): It seeks to generate necessary situational awareness of existing and potential cyber security threats and enable timely information sharing for proactive, preventive and protective actions by individual entities.
- National Cyber Security Coordinator (NCSC) under National Security Council Secretariat (NSCS) coordinates with different agencies at the national level for cyber security matters.
- Cyber Swachhta Kendra: This platform was introduced for internet users to clean their computers and devices by wiping out viruses and malware.
- Information Security Education and Awareness Project (ISEA): Training of personnel to raise awareness and to provide research, education, and training in the field of Information Security.
Challenges
- Structural:
a)Absence of any geographical constraints.
b)Lack of uniformity in devices used for internet access.
- Administrative:
a) Lack of national-level architecture for cybersecurity
b) Security audit does not occur periodically, nor does it adhere to the international standards.
c) The appointment of the National Cyber Security Coordinator in 2014 has not been supplemented by creating liaison officers in states.
- Procedural
a) Lack of awareness in local police of various provisions of IT Act, 2000, and also of IPSC related to cybercrime.
b) Lack of data protection regime.
- Human Resource Related
a) Inadequate awareness among people about the security of devices and online transactions.
Way forward
- International Convention: Presently, Budapest Convention is the first international treaty that promotes greater cooperation between countries in fighting cybercrimes. India should accede to Budapest Convention at the earliest. It would reduce India’s capacity to combat cybercrimes at a global level.
- PPP Framework for Cyber Security: Presently, most of the cyber security operations are carried out by the Government agencies such as CERT-In. Given the fast-changing nature and intensity of cyber threats, there is a need to leverage private sector expertise in combating cyber crimes through the PPP framework.
- Capacity building and skill development- Recently, according to a report published by NASSCOM, India needs around 10 lakh, cyber security experts. However, presently there are only around 64,000 professionals. One of the main reasons for the lower number of cyber security professionals is due to lack of an adequate number of specialized courses in cyber security, poor training Infrastructure, lack of availability of trainers, etc. Hence, accordingly, the Government has to recognize the lacunae and increase the number of Skilled professionals.
- Promoting Startups in the field of Cybersecurity.
- Investment in R&D to improve Cyber Security- Big data, AI
- Learning from best practices such as the Tallinn manual of the US.
Conclusion
Failure to build resilience — at both the ‘technical and human level — will mean that the cycle of cyber attacks and the distrust they give rise to will continue to threaten the foundations of a democratic society. Preventing erosion of trust is critical in this day and age.
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From UPSC perspective, the following things are important :
Prelims level: Goan Liberation
Mains level: Causes of delayed de-colonization
The PM recently took a jibe at then PM Nehru, saying that it could have liberated Goa in 1947 itself had Nehru sent the Indian Army there.
What is the news?
- Goa was liberated 15 years after India attained freedom.
- PM Modi accused Nehru as guilty of leaving satyagrahis in the dismay, refusing to send the Indian Army to liberate Goa, even after 25 of them were shot dead by the Portuguese Army.
Goa’s Colonization: A backgrounder
- Goa became a Portuguese colony in 1510, when Admiral Afonso de Albuquerque defeated the forces of the sultan of Bjiapur, Yusuf Adil Shah.
- The next four and a half centuries saw one of Asia’s longest colonial encounters — Goa found itself at the intersection of competing regional and global powers.
- It received a religious and cultural ferment that lead eventually to the germination of a distinct Goan identity that continues to be a source of contestation even today.
- By the turn of the twentieth century, Goa had started to witness an upsurge of nationalist sentiment opposed to Portugal’s colonial rule, in sync with the anti-British nationalist movement.
Beginning of freedom movement
- Tristao de Braganza Cunha, celebrated as the father of Goan nationalism, founded the Goa National Congress at the Calcutta session of the Indian National Congress in 1928.
- In 1946, the socialist leader Ram Manohar Lohia led a historic rally in Goa that gave a call for civil liberties and freedom, and eventual integration with India.
- This event became a watershed moment in Goa’s freedom struggle.
- At the same time, there was a thinking that civil liberties could not be won by peaceful methods, and a more aggressive armed struggle was needed.
- This was the view of the Azad Gomantak Dal (AGD), whose co-founder Prabhakar Sinari is one of the few freedom fighters still living today.
- Finally, Goa was liberated on December 19, 1961 by swift Indian military action that lasted less than two days.
Recognition of Goa
- The Supreme Court of India recognized the validity of the annexation and rejected the continued applicability of the law of occupation.
- In a treaty with retroactive effect, Portugal recognized Indian sovereignty in 1974.
- Under the jus cogens rule, forceful annexations including the annexation of Goa are held as illegal since they have taken place after the UN Charter came into force.
Why was Goa left un-colonized?
As India moved towards independence, however, it became clear that Goa would not be free any time soon, because of a variety of complex factors.
- No immediate war: Then PM Nehru felt that if he launched a military operation (like in Hyderabad) to oust the colonial rulers, his image as a global leader of peace would be impacted.
- Trauma of Partition: The trauma of Partition and the massive rupture that followed, coupled with the war with Pakistan, kept the Government of India from opening another front.
- Internationalization of the issue: This might have led the international community to get involved.
- No demand from within: It was Gandhi’s opinion that a lot of groundwork was still needed to raise the consciousness of the people, and the diverse political voices emerging within be brought under a common umbrella.
Nehruvian dilemma
- India’s global image: Nehru was headed in shaping India’s position in the comity of nations.
- Trying peaceful options: He was trying to exhaust all options available to him given the circumstances that India was emerging from.
- Portuguese obsession: Portugal had changed its constitution in 1951 to claim Goa not as a colonial possession, but as an overseas province.
- Portugal in NATO: The move was apparently aimed at making Goa a part of the newly formed North Atlantic Treaty Organisation (NATO) military alliance. Hence the collective security clause of the treaty would be triggered.
- Weak indigenous push: Nehru saw it prudent to pursue bilateral diplomatic measures with Portugal to negotiate a peaceful transfer while, at the same time, a more ‘overt’ indigenous push for liberation.
Why did Nehru wait until December 1961 to launch a full-scale military offensive?
India could no longer be seen to delay the liberation of Goa because:
- Portuguese offensive against Satyagrahis: The firing incident also provoked a sharp response from the Government of India, which snapped diplomatic and consular ties with Portugal in 1955.
- India as torchbearer of de-colonization: India got itself firmly established as a leader of the Non Aligned World and Afro Asian Unity, with decolonisation and anti-imperialism as the pillars of its policy.
- Criticisms from African nations: An Indian Council of Africa seminar on Portuguese colonies organized in 1961 heard strong views from African as this was hampering their own struggles against the ruthless regime.
- Weakening Colonialism: The delegates were certain that the Portuguese empire would collapse the day Goa was liberated.
The debate in 2022
- Politics needs to be charitable to history, because at some point it would be put to the same scrutiny and judgment as it becomes history itself.
- Goa has seen 60 years of eventful liberation and successful amalgamation in the Indian Union.
- It is more important for it to look ahead to its future than to rapidly receding, increasingly dim images in the rear-view mirror.
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From UPSC perspective, the following things are important :
Prelims level: Writ Jurisdiction, Habeas Corpus
Mains level: Read the attached story
The Supreme Court has decided to examine a habeas corpus plea made by the children of a Pakistan national who they believe has been unlawfully detained for seven years.
What is Habeas Corpus?
- Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court.
- He/she can request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
- In India the power to issue a writ of habeas corpus is vested only in the Supreme Court and the High Court.
- Habeas corpus is the writ which was visualized as an effective means to provide a quick remedy to a person who has lost his personal liberty without any legal justification.
What is Article 32?
- Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.
- It is one of the fundamental rights listed in the Constitution that each citizen is entitled.
- It states that the Supreme Court “shall have the power to issue directions or orders or writs for the enforcement of any of the rights conferred by this Part”.
- The right guaranteed by this Article “shall not be suspended except as otherwise provided for by this Constitution”.
- Dr B R Ambedkar has called it the very soul and heart of the Constitution. It cannot be suspended except during the period of Emergency.
Rights protected by A32
- The article is included in Part III of the Constitution with other fundamental rights including to Equality, Freedom of Speech and Expression, Life and Personal Liberty, and Freedom of Religion.
- Only if any of these fundamental rights is violated can a person can approach the Supreme Court directly under Article 32.
Types of Writs under it
Both the High Courts and the Supreme Court can be approached for violation or enactment of fundamental rights through five kinds of writs:
- Habeas corpus (related to personal liberty in cases of illegal detentions and wrongful arrests)
- Mandamus — directing public officials, governments, courts to perform a statutory duty;
- Quo Warranto — to show by what warrant is a person holding public office;
- Prohibition — directing judicial or quasi-judicial authorities to stop proceedings which it has no jurisdiction for; and
- Certiorari — re-examination of an order given by judicial, quasi-judicial or administrative authorities.
- In civil or criminal matters, the first remedy available to an aggrieved person is that of trial courts, followed by an appeal in the High Court and then the Supreme Court.
- When it comes to violation of fundamental rights, an individual can approach the High Court under Article 226 or the Supreme Court directly under Article 32.
Try this PYQ:
Q.Which of the following is included in the original jurisdiction of the Supreme Court?
- Dispute between the Government of India and one or more States
- A dispute regarding elections to either House of the parliament or that of Legislature of a State
- A dispute between the Government of India and Union Territory
- A dispute between two or more States.
Select the correct answer using the codes given below:
(a) 1 and 2
(b) 2 and 3
(c) 1 and 4
(d) 3 and 4
Post your answers here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Exercise Milan
Mains level: NA
Exercise Milan as well as the Fleet Review by President is scheduled to be held this month for which 46 countries have been invited.
Exercise Milan
- Milan began in 1995 and is held biennially and brings together Navies of all the countries in the region.
- It has so far been held at Port Blair in Andaman and Nicobar but is now being shifted to Visakhapatnam which offers more infrastructure as well as sea space for the exercise.
- It has several themes such as anti-submarine warfare among others along with deliberations, including by subject matter experts.
What is Fleet Review?
- A Fleet Review is usually conducted once during the tenure of the President.
- The first PFR was held in 1953 for the first President Dr. Rajendra Prasad.
- Since Independence 11 PFRs have been conducted by the Navy, of which two have been International Fleet Reviews in 2011 and 2016.
- In terms of significance, the Navy’s Presidential review is second only to the Republic Day Parade.
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