Note4Students
From UPSC perspective, the following things are important :
Prelims level: IPCC
Mains level: Paper 3- Vulnerability to climate change and ways for adaptation
Context
The footprint of the Covid-19 pandemic across the sectors of the economy has instilled a new reckoning for resilience and sustainability on the economic, social and environmental (ESG) front.
IPCC reports suggest adaption for resilience
- The Intergovernmental Panel on Climate Change (IPCC) published its latest report on climate impacts, vulnerability and adaptation last month.
- The report suggests that adaptation to climate impacts in the near to medium term can help communities and ecosystems become resilient against the threats from current and future levels of warming.
- Ecosystem-based adaptation, for instance, is recommended for taking care of communities and social well-being, while restoring forests, lands and marine ecosystems.
- The report details the variability in projected climate impacts and the vulnerabilities that can be expected across regions the world over due to differences in the range of warming, geographical location, demographics and the unique biophysical, social and cultural contexts.
- Cost-effective adaptation: It depends on a host of enablers on which global partnerships need to deliver.
- Enablers include international cooperation, inclusive technology, financial flows, knowledge sharing and capacity building, with institutions and innovations to support policy development and on-ground implementation.
Gaps in the literature, acknowledge the uncertainties in climate science
- The IPCC has been consistently drawing attention to the lack of adequate science from and on developing countries.
- These countries have in turn been asking for the inclusion of what is broadly termed as “grey literature” or non-peer-reviewed literature in the IPCC process.
- Good science encompasses the formal and the informal, theory and empiricism, the traditional along with the modern.
- It relies on evolution through acknowledging the gaps and unknowns, the negatives and positives of past knowledge.
- The understanding of adaptation finance, adaptation costing, and mapping of climate impacts and adaptation needs of communities in geographically remote locations, for instance, could improve with suitable sourcing of information.
Way forward
- Sustainable development, inclusive of climate resilience, calls for an ensemble approach — one that places contextually appropriate emphasis on tackling climate change impacts and development needs in a world with growing challenges.
- The pathway to be adopted is one of an integrated risk assessment approach, where solutions are interventions that impact the immediate, near and medium-term outcomes for developing economies.
- Striking the right balance is at any time a choice driven as much by enablers (capabilities, lifestyles and values, financial flows, technical know-how) as by constraints (warming levels, poverty, inequality, lack of health and education).
Conclusion
The pandemic highlighted the need for balance in nature-people relationships, even as it tested the ability of the developing world.
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From UPSC perspective, the following things are important :
Prelims level: Identification of Prisoners Act 1920
Mains level: Paper 2- Issues with the Criminal Procedure(Identification) Bill
Context
The Union Minister of State for Home Affairs introduced the Criminal Procedure (Identification) Bill 2022.
Purpose of the introduction of the Bill
- The Bill aims to replace the Identification of Prisoners Act 1920 that has been in need of amendment for several decades.
- The criticism and the need for amendment was predominantly in respect of the limited definition of ‘measurements’ as under that Act.
- Back in the 1980s, the Law Commission of India (in its 87th Report) and the Supreme Court of India in a judgment titled State of U.P. vs Ram Babu Misra had nearly simultaneously suggested the need to amend the statute.
What are the issues with the provisions in the Bill?
1] Definition of ‘measurement’ includes analysis of the data
- The definition of measurements is not restricted to taking measurements, but also their “analysis”.
- The definition now states “iris and retina scan, physical, biological samples and their analysis, behavio[u]ral attributes including signatures….”
- It goes beyond the scope of a law that is only designed for taking measurements and could result in indirectly conferring legislative backing for techniques that may involve the collection of data from other sources(For instance, using facial recognition).
- At present there are extensive facial recognition technology programmes for “smart policing” that are deployed all across the country.
- Such experimental technologies cause mass surveillance and are prone to bias, impacting the fundamental rights of the most vulnerable in India.
2] Power of the police and prison officials widened
- The existing law permits data capture by police and prison officers either from persons convicted or persons arrested for commission of offences punishable with a minimum of one year’s imprisonment.
- Parallel powers are granted to judges, who can order any person to give measurements where it is in aid of investigation.
- While the judicial power is left undisturbed, it is the powers of the police and prison officials that are being widened.
- The law removes the existing — albeit minimal — limitation on persons whose measurements could be taken.
- It is poised to be expanded to all persons who are placed under arrest in a case.
- Here, the proposed Bill also contains muddied language stating that a person, “may not be obliged to allow taking of his biological samples”.
3] Storage and retention of data for a long period
- The National Crime Records Bureau (NCRB) shall for a period of 75 years from the date of collection maintain a digital record, “in the interest of prevention, detection, investigation and prosecution of any offense”.
- The provision permits the NCRB to, “share and disseminate such records with any law enforcement agency, in such manner as may be prescribed”.
- The NCRB already operates a centralised database, namely the Crime and Criminal Tracking Network & Systems (CCTNS), without any clear legislative framework.
- The existence of such legislative power with a technical framework may permit multiple mirror copies and parallel databases of the “measurements” being stored with law enforcement, beyond a State Police department which will be prosecuting the crime and the NCRB which will store all records centrally.
- For instance, in response to a Standing Committee of Parliament on police modernisation, Rajasthan has stated that it maintains a ‘RajCop Application’ that integrates with “analytics capabilities in real-time with multiple data sources (inter-department and intra-department)”.
- Similarly, Punjab has said that the “PAIS (Punjab Artificial Intelligence System) App uses machine learning, deep learning, visual search, and face recognition for the identification of criminals to assist police personnel.
- Hence, multiple copies of “measurements” will be used by State government policing departments for various purposes and with experimental technologies.
- This also takes away the benefit of deletion which occurs on acquittal and will suffer from weak enforcement due to the absence of a data protection law.
- The end result is a sprawling database in which innocent persons are treated as persons of interest for most of their natural lives.
Conclusion
To protect individual autonomy and fulfil our constitutional promises, the Supreme Court of India pronounced the Justice K.S. Puttaswamy judgment, reaffirming its status as a fundamental right. The responsibility to protect it falls to each organ of the government, including the legislature and the union executive.
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From UPSC perspective, the following things are important :
Prelims level: AFSPA
Mains level: Issues over AFSPA disturbed areas
The Union Home Ministry has considerably reduced the “disturbed areas” under the Armed Forces (Special) Powers Act (AFSPA) in Assam, Manipur and Nagaland.
AFSPA: A Backgrounder
- The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
- It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
- It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.
Armed Forces (Special Powers) Act, 1958
- Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in “disturbed areas.”
- AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
- The Act further provides that if “reasonable suspicion exists”, the armed forces can also arrest a person without warrant; enter or search premises without a warrant; and ban the possession of firearms.
What are the Special Powers?
The ‘special powers’ which are spelt out under Section 4 provide that:
(a) Power to use force, including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;
(b) Power to destroy structures used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;
(c) Power to arrest without warrant and to use force for the purpose;
(d) Power to enter and search premises without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.
What are the Disturbed Areas?
- A disturbed area is one that is declared by notification under Section 3 of the AFSPA.
- As per Section 3, it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.
Who can declare/notify such areas?
- The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
- A suitable notification would have to be made in the Official Gazette.
Presently ‘Disturbed Areas’
- AFSPA is currently in force in Assam, Nagaland, Manipur, 3 districts of Arunachal Pradesh, and areas falling within the jurisdiction of 8 police stations in Arunachal Pradesh bordering Assam.
- In Jammu and Kashmir, a separate law Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 has been in force.
AFSPA: Is it a License to Kill?
While the operation of the Section has been controversial in itself, it has attracted much criticism when actions have resulted in the death of civilians.
- Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
- Protection against prosecution: This power is further bolstered by Section 6 which provides that legal can be instituted against the officer, except with the previous sanction of the Central Government.
Supreme Court’s Observations over AFSPA
- These extra-judicial killings became the attention of the Supreme Court in 2016.
- It clarified that the bar under Section 6 would not grant “total immunity” to the officers against any probe into their alleged excesses.
- The judgment noted that if any death was unjustified, there is no blanket immunity available to the perpetrator(s) of the offense.
- The Court further noted that if an offense is committed even by Army personnel, there is no concept of absolute immunity from trial by the criminal court constituted under the CrPC.
Constitutionality of AFSPA
- Attempts have been made to examine the constitutionality of the Act on the grounds that it is contravention to the:
- Right to Life and Personal Liberty (Article 21) and
- Federal structure of the Constitution since law and order is a State subject
Recommendations to repeal AFSPA
(1) Justice B.P. Jeevan Reddy Commission
- The 2004 Committee headed by Justice B.P. Jeevan Reddy, the content of which has never officially been revealed by the Government, recommended that AFSPA be repealed.
- Additionally, it recommended that appropriate provisions be inserted in the Unlawful Activities Prevention Act, 1967 (UAPA) instead.
- It also recommended that the UAPA be modified to clearly specify the powers of the armed forces and paramilitary forces and grievance cells should be set up in each district where the armed forces are deployed.
(2) ARC II
- The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.
- It recommended adding a new chapter to be added to the Unlawful Activities Prevention Act, 1967.
- However, the recommendation was considered first and then rejected.
Other issues with AFSPA
(1) Sexual Misconduct by Armed Forces
- The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012.
- It observed that- in conflict zones, legal protection for women was neglected.
(2) Autocracy
- The reality is that there is no evidence of any action being taken against any officer of the armed forces or paramilitary forces for their excesses.
Caution given by the Supreme Court
A July 2016 judgment authored by Justice Madan B. Lokur in Extra Judicial Execution Victim Families Association quoted the “Ten Commandments” issued by the Chief of the Army Staff for operations in disturbed areas:
- Definite circumstances: The “power to cause death is relatable to maintenance of public order in a disturbed area and is to be exercised under definite circumstances”.
- Declaration preconditions: These preconditions include a declaration by a high-level authority that an area is “disturbed”.
- Due warning: The officer concerned decides to use deadly force on the opinion that it is “necessary” to maintain public order. But he has to give “due warning” first.
- No arbitrary action: The persons against whom the action was taken by the armed forces should have been “acting in contravention of any law or order for the time being in force in the disturbed area”.
- Minimal use of force: The armed forces must use only the “minimal force required for effective action against the person/persons acting in contravention of the prohibitory order.”
- Empathy with perpetrators: The court said that: the people you are dealing with are your own countrymen. All your conduct must be dictated by this one significant consideration.
- People friendliness: The court underscored how the Commandments insist that “operations must be people-friendly, using minimum force and avoiding collateral damage – restrain must be the key”.
- Good intelligence: It added that “good intelligence is the key to success”.
- Compassion: It exhorted personnel to “be compassionate, help the people and win their hearts and minds. Employ all resources under your command to improve their living conditions”.
- Upholding Dharma (Duty): The judgment ended with the final Commandment to “uphold Dharma and take pride in your country and the Army”.
Conclusion
- Despite demands by civil society groups and human rights activities, none of the recommendations have not been implemented to date.
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From UPSC perspective, the following things are important :
Prelims level: Dam Safety Act
Mains level: Resolution of Mullaperiyar Dam Row
The Supreme Court has found in the Dam Safety Act of 2021 a panacea to end the “perennial” legal battle between Tamil Nadu and Kerala over the Mullaperiyar dam.
What is the Dam Safety Act, 2021?
- The Act comprehensively postulates for surveillance, inspection, operation and maintenance of dams to prevent disasters.
- Its key features are as follows:
- National Committee on Dam Safety (NCDS): It will be constituted and will be chaired by the chairperson, Central Water Commission. Its’ functions will include formulating policies and regulations regarding dam safety standards and prevention of dam failures, analyzing the causes of major dam failures, and suggesting changes in dam safety practices.
- National Dam Safety Authority (NDSA): It will be headed by an officer, not below the rank of an Additional Secretary, to be appointed by the central government. The main task of this authority includes implementing the policies formulated by the NCD, resolving issues between State Dam Safety Organisations (SDSOs), or between an SDSO and any dam owner in that state, specifying regulations for inspection and investigation of dams.
- State Dam Safety Organisation (SDSO): Its functions will be to keep perpetual surveillance, inspection, monitoring the operation and maintenance of dams, keeping a database of all dams, and recommending safety measures to owners of dams.
- Dam Safety Unit: The owners of the specified dams are required to provide a dam safety unit in each dam. This unit will inspect the dams before and after the monsoon session, and during and after any calamity or sign of distress.
- Emergency Action Plan: Dam owners will be required to prepare an emergency action plan, and carry out risk assessment studies for each dam at specified regular intervals.
- Certain offences: The act provides for two types of offences – obstructing a person in the discharge of his functions, and refusing to comply with directions issued under the proposed law.
Why in news?
- Kerala and Tamil Nadu have been trading charges against each other over the safety, operation and maintenance of the Mullaperiyar dam.
- While Kerala claims the 126-year-old dam is unsafe, badly maintained and a threat to thousands of people living downstream, Tamil Nadu denies it.
- Kerala is pitching for a new dam in place of the existing one, while Tamil Nadu, which operates and maintains the reservoir, argues that the dam is well-preserved and so strong that the height water level could even be increased to 152 feet.
What did the SC say?
- A few days ago, the Supreme Court was in search of an answer to the “perennial problem” between the two neighbours over the dam.
- It had mooted the idea of extending the powers of its own supervisory committee to take over charge of the safety and maintenance of the structure and its site.
- The Bench even wondered whether the supervisory committee should now continue as the 2021 Act has made it redundant.
- However, Kerala said the Centre was yet to appoint specialists to the NDSA.
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From UPSC perspective, the following things are important :
Prelims level: MRCC
Mains level: India-Sri Lanka ties in recent times
India and Sri Lanka have signed an MoU for the Indian public sector Bharat Electronics Ltd (BEL) to set up a state of the art Maritime Rescue Co-ordination Centre (MRCC) in Colombo.
What is MRCC?
- MRCCs are part of an international network under the UN’s International Maritime Organisation.
- They aim to monitor the sea lanes with the objective of swift response to emergencies, such as vessels in distress, rescue and evacuation of people, and prevention of and containing environmental disasters such as oil spills.
- Each country is responsible for its own Search and Rescue Region (SRR).
- The work of MRCCs is co-ordinated by the Navy or Coast Guard in each country.
- In India, the Coast Guard is the co-ordinating agency. In Sri Lanka, it is the Navy.
- The MRCC will be established with a grant of $6 million from India.
Benefits offered
- MRCC enhances co-operation on maritime security between the two countries in a part of the Indian Ocean region where the India-China rivalry has taken centre stage over the last decade.
- This engagement will augment interoperability and seamless maritime actions like carrying out anti-smuggling operations in the Indian Ocean Region.
Why such a move by India?
- Sri Lanka’s SRR is a wide swathe of 1,778,062. 24 sq kms of the Indian Ocean, and nearly 200 ships pass through these waters every day.
- The MRCC agreement appears to be part of India’s SAGAR (Security and Growth for all in the Region) initiative in the Indian Ocean.
Issues with MRCC
- The MRCC has been controversial in Sri Lanka who see every development by India suspicious.
- Sri Lanka’s Defence Ministry issued a clarification on the MRCC, as well as on recent agreements with India for a naval floating dock and Dornier aircraft.
- The clarification has provided more details about the agreements than have been in the public domain so far.
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From UPSC perspective, the following things are important :
Prelims level: Defined Pension Benefit Scheme, NPS
Mains level: Issues with NPS
Many states are trying to restore Old Pension Scheme and discontinue the National Pension System (NPS).
What is the Defined Pension Benefit Scheme (old)?
- The scheme assures life-long income, post-retirement.
- Usually the assured amount is equivalent to 50% of the last drawn salary.
- The Government bears the expenditure incurred on the pension.
- The scheme was discontinued in 2004.
What is the National Pension System (NPS)?
- The Union government under PM Vajpayee took a decision in 2003 to discontinue the old pension scheme and introduced the NPS.
- The scheme is applicable to all new recruits joining the Central Government service (except armed forces) from April 1, 2004.
- On the introduction of NPS, the Central Civil Services (Pension) Rules, 1972 was amended.
Features of NPS
- It is a scheme, where employees contribute to their pension corpus from their salaries, with matching contributions from the government.
- The funds are invested in earmarked investment schemes through Pension Fund Managers.
- At retirement, they can withdraw 60% of the corpus, which is tax-free and the remaining 40% is invested in annuities, which is taxed.
- It can have two components — Tier I and II.
- Tier-II is a voluntary savings account that offers flexibility in terms of withdrawal, and one can withdraw at any point of time, unlike Tier I account.
- Private individuals can opt for the scheme.
What were the changes introduced in 2019?
- In 2019, the Finance Ministry said that Central government employees have the option of selecting the Pension Funds (PFs) and Investment Pattern in their Tier-I account.
- The default pension fund managers are the LIC Pension Fund Limited, SBI Pension Funds Pvt. Limited and UTI Retirement Solutions Limited in a predefined proportion.
Who is the regulatory authority?
- The Pension Fund Regulatory and Development Authority (PFRDA) is the regulator for NPS.
- PFRDA was set up through the PFRDA Act in 2013 to promote old age income security by developing pension funds to protect the interest of subscribers to schemes of pension funds.
What is the subscriber base?
- As on February 28, there were 22.74 lakh Central government employees and 55.44 lakh State government employees enrolled under the NPS.
Why in news now?
- In Feb, Rajasthan CM announced restoration of the old pension scheme for the government employees, who joined the service on or after January 1, 2004.
- The announcement meant that the National Pension System (NPS) would be discontinued in the State.
- The center had maintained that restoration of the old system would cause an unnecessary financial burden on the government.
Cons of NPS
- Forfeiture of pension: The NPS scheme was created by the Government of India, in order to stop all the defined pension related benefits that it gave to its employees.
- Withdrawal restrictions: NPS restricts all kinds of withdrawals, before the subscriber reaches the age of 60 years.
- No tax benefits: The NPS corpus, which the subscriber can use for buying annuity or for drawing pensions, is taxable, when the schemes matures.
- Limit on investment: The subscriber cannot invest more than 50% of his or her total investment in the NPS account, towards the equities.
- No guarantee: While NPS is a government scheme, the corpus is created according to the returns, which are generated under the corporate bonds, government securities, and equity.
Try this PYQ:
Q.Who among the following can join the National Pension System (NPS)?
(a) Resident Indian citizens only
(b) Persons of age from 21 to 55 only
(c) All-State Government employees joining the services after the date of notification by the respective State Governments
(d) All Central Governments Employees including those of Armed Forces joining the services on or after 1st April 2004
Post your answers here.
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From UPSC perspective, the following things are important :
Prelims level: FASTER Platform, SUPACE
Mains level: Speedy disposal of cases
‘FASTER’, an abbreviation of ‘Fast and Secured Transmission of Electronic Records’, a digital platform was formally launched by Chief Justice of India (CJI) N.V. Ramana.
What is FASTER?
- The FASTER system proposes transmission of e-authenticated copies of the interim orders, stay orders, bail orders and record of proceedings to the duty-holders for compliance and due execution, through a secured electronic communication channel.
- These orders may vary from stay of execution of a person to freeze on the demolition of a slum to bail orders for undertrial prisoners.
- The idea stemmed from a case reported about several prisoners in the Agra Jail forced to remain behind bars for three days after the hard copies of the order had not reached the prison officials.
Benefits offered
- FASTER would aid the cause of quick and effortless justice.
- The timely delivery of the court’s orders to the authorities would also prevent unnecessary arrests and custody of people who have already been granted anticipatory bail.
- For smooth transmission of court’s orders and effective implementation of Article 21, Right to Life, such a system was the need of the hour.
Also read:
[RSTV Archive] Judiciary & Artificial Intelligence
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