Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: online child abuse and protection
Context
- Last month, the Central Bureau of Investigation (CBI) conducted searches across States and Union Territories as part of a pan-India operation, “Megh Chakra”. The operation, against the online circulation and sharing of Child Sexual Abusive Material (CSAM) using cloud-based storage, was supposedly based on inputs received from Interpol’s Singapore special unit, in turn based on the information received from New Zealand.
Current system of detecting CSAM
- Help of foreign agencies: As the public reporting of circulation of online CSAM is very low and there is no system of automatic electronic monitoring, India’s enforcement agencies are largely dependent on foreign agencies for the requisite information.
- Operation carbon: In November 2021, a similar exercise code-named “Operation Carbon” was launched by the CBI, with many being booked under the IT Act, 2000.
American Model of fighting CSAM
- Cyber tipline programme under NCMEC: The National Centre for Missing & Exploited Children (NCMEC), a non-profit organization in the United States, operates a programme called Cyber Tipline, for public and electronic service providers (ESPs) to report instances of suspected child sexual exploitation. In 2021, the Cyber Tipline received more than 29.3 million reports (99% from ESPs) of U.S. hosted and suspected CSAM.
- Mandatory reporting for Internet service providers (ISPs): ISPs are mandated to report the identity and the location of individuals suspected of violating the law. Also, NCMEC may notify ISPs to block transmission of online CSAM.
UK Model of fighting CSAM
- Internet Watch Foundation (IWF) to ensure safe online environment: In the United Kingdom, the mission of the Internet Watch Foundation (IWF), a non-profit organisation established by the United Kingdom’s Internet industry to ensure a safe online environment for users with a particular focus on CSAM, includes disrupting the availability of CSAM and deleting such content hosted in the U.K.
- ISPs may be held responsible: The IWF engages the analysts to actively search for criminal content and not just rely on reports from external sources. Though the U.K. does not explicitly mandate the reporting of suspected CSAM, ISPs may be held responsible for third party content if they host or caches such content on their servers. In 2021, the IWF assessed 3,61,062 reports, (about 70% reports had CSAM) and seven in 10 reports contained “self-generated” CSAM.
Efforts of Global community
- Global network for secure IT infrastructure: A global network of 50 hotlines (46 member countries), provides the public with a way to anonymously report CSAM. It provides secure IT infrastructure, ICCAM (I- “See” (c)-Child-Abuse-Material) hosted by Interpol and facilitates the exchange of CSAM reports between hotlines and law enforcement agencies. ICCAM is a tool to facilitate image/video hashing/finger printing and reduce the number of duplicate investigations.
- Removal of illegal URLs: In 2021, the number of exchanged content URLs stood at 9,28,278, of which 4,43,705 contained illegal content. About 72% of all illegal content URLs were removed from the Internet within three days of a notice and takedown order.
- Internet service providers are exempted from the liability: In India, the Supreme Court of India, in Shreya Singhal (2015), read down Section 79(3)(b) of the IT Act to mean that the ISP, only upon receiving actual knowledge of the court order or on being notified by the appropriate government, shall remove or disable access to illegal contents. Thus, ISPs are exempted from the liability of any third-party information.
- In the Kamlesh Vaswani (WP(C) 177/2013) case: The petitioner sought a complete ban on pornography. After the Court’s intervention, the advisory committee (constituted under Section 88 of the IT Act) issued orders in March 2015 to ISPs to disable nine (domain) URLs which hosted contents in violation of the morality and decency clause of Article 19(2) of the Constitution. The petition is still pending in the Supreme Court.
- Aarambh India portal: a Mumbai-based non-governmental organization, partnered with the IWF, and launched India’s first online reporting portal in September 2016 to report images and videos of child abuse. These reports are assessed by the expert team of IWF analysts and offending URLs are added to its blocking list. Till 2018, out of 1,182 reports received at the portal, only 122 were found to contain CSAM.
- National cybercrime reporting portal: The Ministry of Home Affairs (MHA) launched a national cybercrime reporting portal in September 2018 for filing online complaints pertaining to child pornography and rape-gang rape. This facility was developed in compliance with Supreme Court directions with regard to a public interest litigation filed by Prajwala, a Hyderabad-based NGO that rescues and rehabilitates sex trafficking survivors. As not many cases of child porn and rape were reported, the portal was later extended to all types of cybercrime.
- National Crime Records Bureau (MHA): The National Crime Records Bureau (MHA) signed a memorandum of understanding with the NCMEC in April 2019 to receive Cyber Tipline reports to facilitate action against those who upload or share CSAM in India. The NCRB has received more than two million Cyber Tipline reports which have been forwarded to the States for legal action.
- The ad hoc Committee of the Rajya Sabha: In its report of January 2020, made wide-ranging recommendations on ‘the alarming issue of pornography on social media and its effect on children and society as whole’.
- Widening of the definition of ‘child pornography’: On the legislative front, the committee not only recommended the widening of the definition of ‘child pornography’ but also proactive monitoring, mandatory reporting and taking down or blocking CSAM by ISPs.
- Breaking of end-to-end encryption: On the technical front, the committee recommended permitting the breaking of end-to-end encryption, building partnership with industry to develop tools using artificial intelligence for dark-web investigations, tracing identity of users engaged in crypto currency transactions to purchase child pornography online and liasoning with financial service companies to prevent online payments for purchasing child pornography.
What needs to be done?
- Mandatory reporting of CSAM by ISP, s: According to the ninth edition (2018) report of the International Centre for Missing and Exploited Children on “Child Sexual Abusive Material: Model Legislation & Global Review”, more than 30 countries now require mandatory reporting of CSAM by ISPs. Surprisingly, India also figures in this list, though, the law does not provide for such mandatory reporting.
- Establish liability of legal persons: The Optional Protocol to the United Nations Convention on the Rights of the Child that addresses child sexual exploitation encourages state parties to establish liability of legal persons.
- Convention on The Protection of Children against Sexual Exploitation and Sexual Abuse: The Council of Europe’s Convention on Cybercrime and Convention on The Protection of Children against Sexual Exploitation and Sexual Abuse also requires member states to address the issue of corporate liability.
- India should join INHOPE: It is time India joins INHOPE and establishes its hotline to utilize Interpol’s secure IT infrastructure or collaborate with ISPs and financial companies by establishing an independent facility such as the IWF or NCMEC.
Conclusion
- India needs to explore all options and adopt an appropriate strategy to fight the production and the spread of online CSAM. Children need to be saved.
Mains Question
Q. How children are Vulnerable against child sexual abuse material (CSAM)? What legal remedies available in India against CSAM?
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From UPSC perspective, the following things are important :
Prelims level: Official language, Eighth schedule
Mains level: Hindi imposition row
Context
- Prime Minister Narendra Modi’s remarks on English in a recent campaign rally, the controversy over medical education in Hindi and the parliamentary report on promoting Hindi, will give new life to Hindi vs non-Hindi debate.
The status of Hindi language in India
- The 2011 linguistic census: Accounts for 121 mother tongues, including 22 languages listed in the 8th Schedule of the Constitution.
- Widely spoken language: Hindi is the most widely spoken, with 52.8 crore individuals, or 43.6% of the population, declaring it as their mother tongue. The next highest is Bengali, mother tongue for 97 lakh (8%) less than one-fifth of Hindi’s count. In terms of the number of people who know Hindi, the count crosses more than half the country.
- Hindi as second language: Nearly 13.9 crore (over 11%) reported Hindi as their second language, which makes it either the mother tongue or second language for nearly 55% of the population.
- What is the Eighth Schedule?
- The Eighth Schedule contains a list of languages in the country. Initially, there were 14 languages in the schedule, but now there are 22 languages.
- There is no description of the sort of languages that are included or will be included in the Eighth Schedule.
- Constitutional position of Eighth Schedule
There are only two references to these languages in the text of the Constitution.
(i) Article 344(1):
- It provides for the formation of a Commission by the President, which should have a chairman and members representing these scheduled languages.
- The purpose of the Commission is to make recommendations for the progressive use of Hindi for official purposes of the Union and for restricting the use of English.
(ii) Article 351:
- It says it is the Union government’s duty to promote the spread of Hindi so that it becomes “a medium of expression for all elements of the composite culture of India”.
- It also aims to assimilate elements of forms and expressions from Hindustani and languages listed in the Eighth Schedule.
What are challenges for promotion of Hindi Language?
- Higher knowledge is not available in Hindi: The challenge of Hindi is that inhabiting the world of Hindi is seen as closing off access to the frontiers of knowledge, not just in science but in civic knowledge, like higher echelons of law.
- Perceived as inferior language: It is also treated as a marker of parochialism and inferior status.
- Hindi as language of Identity not as knowledge: The problem may be less acute with other languages like Tamil, Kannada or Bengali, but it exists. The anomaly of the India experiment is not diversity: It is the claim that the language of self, identity and culture be different from the language of knowledge, privilege and access. This is the experiment India is conducting on a large scale. Is it a sustainable one?
- Cultural assertion through language: It is the untapped resentment of a Hindi culture that often is made conscious of its own second-class status in global hierarchies. Millions of vernacular speakers feel disenfranchised in the worlds of knowledge and prestige.
- Poor translation mechanism: Our translation missions are so meagre that except for literature, they do not grow the language by translating knowledge into it. So, the division of the function of languages has also become a division of persons, between those whose fluency in English is greater than their fluency in a vernacular, and those who might know English but struggle with it.
- English transition is not easy in mid high school: There was also a generation that was taught in a vernacular language very well. They found it easy to switch to English later. Now the education system does not prepare you for either trajectory, not at least on a mass scale, leaving the Hindi speaker relatively stranded.
What should be the way forward?
- Hindi should be used for knowledge sharing and communication: The discussion of the language issue ought to be pedagogical rather than political. It will be, for instance, important for doctors to have English to easily access a continually evolving world of research; just translating a few textbooks into vernaculars will not solve the challenge. But it is equally true that the ability to communicate fluently in vernacular languages will be a great asset.
- Higher Education in Hindi should be made available: It is also possibly true that for those who did not get an English education, continuing vernacular education should be a medium of expanding their opportunities.
- Government has to do its homework: Our education system will have to do the homework to make any language strategy work fully. The skepticism of teaching medicine or engineering in the vernaculars (and not just Hindi) is that our knowledge eco system is not prepared for it; the skepticism of English is that it has left so many people behind.
Conclusion
- The genius of India is that it has, historically, not locked itself into binaries over language choice. With creative pedagogies, we can reclaim that heritage. But raising the political pitch on language serves neither the cause of knowledge or national unity.
Mains Question
Q. Why government indulges in promotion of Hindi? Does it right in Indian context to promote only one language nationally?
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From UPSC perspective, the following things are important :
Prelims level: Coffee crop
Mains level: coffee Industry potential, issues and reforms
Context
- Coffee cultivation is becoming an increasingly loss-making proposition in India. Already weighed down by the high cost of inputs and production as well as labor shortage, the industry is now also affected by changes in climate patterns, reports from Karnataka’s coffee heartland.
All you need to know about Coffee plantation
- Coffee is a tropical plantation crop.
- 16° – 28°C temperature, 150-250cm rainfall and well-drained slopes are essential for its growth.
- It grows on hilly slopes at the height of 900-1800m.
- Low temperature, frost, dry weather for a long time and harsh sunshine are harmful for its plant.
The status Coffee in India
- India contributes about 4% of the world’s total coffee production. It ranks 6thin the world in coffee production.
- At present, more than half of the total coffee production in India is produced by Karnataka alone, followed by Kerala and Tamil Nadu.
- Coffee plants grow better in the laterite soils of Karnataka in India.
- The Arabica variety initially brought from Yemen is produced in the country.
- Indian coffee is highly rated and commands premium prices in the global coffee markets.
- Indian coffee offering innumerable flavors, aromas and blends. The commodity, for several decades, enjoyed a special position in India’s export lists.
- Coffee has high value and high imagery potential at home and overseas market. From being handled and sold as a berry, a green bean, a processed bean, a roasted bean and now a roasted and ground offering, coffee has climbed the hierarchy of value-addition.
- Coffee was an important export item for the Union government, when the commodity’s exports were in the range of ₹4,000-₹5,000 crore annually.
Do you know the history of Coffee in India?
- The history of Indian coffee dates back to around 1600 AD with the planting of Seven Seeds of Mocha by legendary saint Baba Budan in the courtyard of his hermitage in Chikmangalur, Karnataka. The coffee plants remained a garden curiosity before they gradually spread as backyard plantings, and later on to the hills of what is now known as Baba Budan Hills.
- However, it wasn’t until the 18th century the British entrepreneurs started taking coffee cultivation properly and turned forests in Southern India into commercial coffee plantations
What are Challenges faced by Coffee cultivation in India?
- Impact of Climate Change: Drastic changes in climate patterns over the last few years have adversely impacted India’s coffee production and the quality of the crop. There were dry spells between 2015 and 2017 and unseasonal heavy rains, floods and landslides between 2018 and 2022. According to the Coffee Board of India’s post-blossom estimate, production for the 2022 crop is anticipated to be some 30% lower than the estimated production due to the extreme climatic conditions.
- Impact of heavy rains: Destruction caused by heavy rains between July and September. The impact of the rains continues, with diseases affecting plants, and estate infrastructure suffering long-term damage. Plantations in Wayanad in Kerala and Palani in Tamil Nadu have also suffered similar losses. fruit rot, stalk rot and root rot and other irreparable damage due to heavy rainfall and landslides, berries turned black and dropped.
- Emergence of New diseases: Erratic weather conditions are helping pests to breed and new diseases to emerge, further stressing coffee plantation.
- No adequate fund support by government: Sturdy and weather-resistant varieties of coffee may help and stand against climate change, but sadly the government is not providing adequate funds to coffee research stations to develop these.
- The volatility in market prices marginalizing producers: The volatility in market prices and the reduced influence of producers in the value chain render coffee cultivation an increasingly loss-making proposition. Producers are getting marginalized. This is rapidly turning out to be a buyer-driven commodity market.
- Impact of Exports on cost competitiveness: More than 75% of Indian coffee production is exported. This has an impact on the cost competitiveness of Indian coffee vis-à-vis the coffee that is exported from other producer regions, especially since those growers get their finances at very low interest rates.
- High Cost of financing: Most private banks insist that growers provide collateral for financing. Since small and medium-size growers are invariably not in a position to provide collateral, the interest rates are high, at around 12%. International interest rates, on the other hand, are negligible, mostly in single digits. This is an advantage for competing coffee-producing region.
- Increasing cost of Inputs: Due to the rise in the cost of inputs year on year and the increase in the cost of labor and benefits, which constitute 60% to 70% of total plantation expenditure, coffee growers are left with very little money in hand which is not adequate to repay loans. The cost of inputs around coffee such as fertilizers and agrochemicals has increased by almost 20% in a year.
- No pricing mechanism: There is no official price setting mechanism even in the domestic market. So, traders and curers are calling the shots and fixing prices, and growers are at their mercy.
- Identity crisis for Indian coffee: On the brand front, Indian coffee is still facing an identity crisis in global markets, although the country started exporting coffee actively before the 19th century. The fact that India sells Robusta and Arabic at a price higher than the hugely advertised Colombia is an indication of the brand building done by the Indian exporter and the quality of Indian coffee. Yet, Indian coffee does not have an individual brand identity in the international markets, Indian coffee was never considered a separate origin coffee. It was always used as filler.
What are the reasons behind the High cost of production?
- Rising labor charges: In India, production of coffee is low while the cost of production is on the rise compared to other coffee countries such as Vietnam and Brazil. In Brazil, labour charges account for 25% of the entire production cost, but in India, planters say they account for about 65%
- Hard terrain and topography: It is possible to bring down the cost of production to some extent through mechanization, but India’s coffee terrains and topography limit this possibility. At the same time, Indian coffee has a unique positioning as it is shade-grown and grown at elevations, while other major producing countries grow coffee in flat lands.
- High cost of Irrigation: Power cuts makes irrigation expensive as the cost of diesel is high. The high cost of inputs leads to the high cost of production which is the main problem for coffee growers. It makes coffee cultivation unviable. Earlier, the cost of production would go up by 4% to 5% annually, but now it goes up at least 20% annually.
- Unskilled migrant labour and wage costs: There is increasingly a shortage of labor while the cost of labour is on the rise in the coffee sector. The children of workers in all the three coffee-growing States Karnataka, Tamil Nadu and Kerala prefer to move to urban areas. This means plantations are forced to depend heavily on migrant labours who are unskilled. A lot of effort, time and energy has to be invested in training migrant labours. As wage costs are not linked to productivity, growers are mandated to pay the usual wage along with other social costs such as housing and medicines, which adds up some 30% more to the wages. Most plantations simply don’t find skilled labour, especially for tasks such as shade-lopping, pruning, and borer tracing.
Way forward
- Alternative source of revenue: Finding alternative sources of revenue and increasing domestic consumption on the one hand and branding and promoting Indian coffee better in the global market on the other.
- Creating in addition revenue streams: Growers should create additional revenue streams through inter-cropping or through innovative measures. In addition to traditional inter-cropping of pepper and cardamom, coffee growers could try planting exotic fruit-bearing trees, food crops, or getting into fish farming, dairy farming, apiary or green tourism to increase incomes from their coffee gardens. For instance, progressive farmers from Thandikudi in Dindigul district in Tamil Nadu, and from Sakleshpur in Chikkamagaluru district, are growing avocados, mangosteens, oranges, guavas and other fruit bearing trees, amid their coffee plants. In some seasons they say they have even earned more money from these than from coffee and pepper.
- Government should permit to plant alternate crops: Considering the change in land use, the government could permit growers to plant alternate crops in a land not suitable for coffee cultivation. Timely conversion will prevent growers from going financially sick.
- Coffee Act and the new Coffee (Promotion and Development Bill), 2022: India’s share in the global coffee market may be less than 5%, but the coffee sector is hopeful that the Coffee Act and the new Coffee (Promotion and Development Bill), 2022, will do away the 80-year-old coffee regulation and usher in change.
Conclusion
- The coffee community in India, comprising close to 4 lakh coffee growers, hundreds of large planters, associations that represent growers, planters, curers and exporters, and over a dozen Fair Trade Organizations, hopes to boost coffee in the domestic and international markets and counter the problems the industry faces.
Mains Question
Q. Even after getting out of the shackles of the pooling system in 1996, the bean maintained a special status as a valuable export commodity for a long time. Discuss the problems of coffee industry taking a back seat in India and suggest solutions.
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From UPSC perspective, the following things are important :
Prelims level: FATF
Mains level: Terror financing and money laundering
Global terror-financing watchdog FATF has announced Pakistan‘s removal from its grey list, saying the country has largely completed its action plans on anti-money laundering and financing of terrorism.
What is the FATF?
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- The FATF Secretariat is housed at the OECD headquarters in Paris.
- It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
- As of 2019, FATF consisted of 37 member jurisdictions.
India’s say in FATF
- India became an Observer at FATF in 2006. Since then, it had been working towards full-fledged membership.
- On June 25, 2010, India was taken in as the 34th country member of FATF.
EAG of FATF
- The EAG is a regional body comprising nine countries: India, Russia, China, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan and Belarus.
- It is an associate member of the FATF.
What is the role of FATF?
- The rise of the global economy and international trade has given rise to financial crimes such as money laundering.
- The FATF makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase the acceptance of anti-money laundering regulations across the globe.
- Because money launderers and others alter their techniques to avoid apprehension, the FATF updates its recommendations every few years.
What is the Black List and the Grey List?
- Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
- Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.
Consequences of being in the FATF grey list:
- Economic sanctions from IMF, World Bank, ADB
- Problem in getting loans from IMF, World Bank, ADB and other countries
- Reduction in international trade
- International boycott
How had it impacted Pakistan economically?
- A country on the ‘grey list’ is not subject to sanctions.
- However, the ‘grey list’ signals to the international banking system that there could be enhanced transaction risks from doing business with the said country.
- In 2018, the Economist noted that there had been no direct economic implications when Pakistan was on the grey list from 2012 to 2015.
- Instead, Pakistan managed to obtain a $6 billion bailout package from IMF in 2013 and raise additional funding in global debt markets in 2015.
Pakistan claimed the politicization of FATF. Is that true?
- In the run-up to the February 2018 decision, the US had weaned Saudi Arabia away, leaving only China and Turkey supporting Pakistan.
- China eventually withdrew its objection.
- A few days later, India publicly congratulated China for its election as vice president of FATF, lending credence to the speculation that a deal had been reached behind closed doors.
How Pakistan managed to get out of the ‘inglorious’ list?
- Removal from the list mark the culmination of a four-year reform process that has required far-reaching changes to Pakistan’s financial system.
- It appears that, Pakistan has performed well in particular to laws governing money laundering and terrorism financing.
- Pakistan was given an action plan by FATF in 2018 to address strategic counter-terrorist financing-related deficiencies.
Conclusion
- This is not the first time for Pakistan to exit Grey List. It has been swinging on its position on terror financing.
- Pakistan first figured in a FATF statement after the plenary of February 2008.
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From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Hate speech and spread of communal hatred
The Supreme Court has expressed concern over growing incidents of hate speeches in the country and directed the governments and police authorities to take suo motu action in such cases without waiting for lodging of formal complaints.
Why in news?
- There has been rising incidents of hate speeches targeting a particular community in India.
What is ‘Hate Speech’?
- There is no specific legal definition of ‘hate speech’.
- The Law Commission of India, in its 267th Report, says: “Hate speech generally is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like …
- Thus, hate speech is any word written or spoken, signs, visible representations within the hearing or sight of a person with the intention to cause fear or alarm, or incitement to violence.”
- In general, hate speech is considered a limitation on free speech that seeks to prevent or bar speech that exposes a person or a group or section of society to hate, violence, ridicule or indignity.
How is it treated in Indian law?
- Provisions in law criminalize speeches, writings, actions, signs and representations that foment violence and spread disharmony between communities and groups and these are understood to refer to ‘hate speech’.
- Sections 153A and 505 of the Indian Penal Code are generally taken to be the main penal provisions that deal with inflammatory speeches and expressions that seek to punish ‘hate speech’.
[I] Section 153A:
- Promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony’, is an offence punishable with three years’ imprisonment.
[II] Section 505:
- 505(1): Statements conducing to public mischief– The statement, publication, report or rumour that is penalized under Section 505(1) should be one that promotes mutiny by the armed forces, or causes such fear or alarm that people are induced to commit an offence against the state or public tranquillity. This attracts a jail term of up to three years.
- 505(2): It is an offence to make statements creating or promoting enmity, hatred or ill-will between classes.
- 505(3): Same offence will attract up to a five-year jail term if it takes place in a place of worship, or in any assembly engaged in religious worship or religious ceremonies.
Why curb hate speeches?
- Creates social divide: Individuals believe in stereotypes that are ingrained in their minds and these stereotypes lead them to believe that a class or group of persons are inferior to them and as such cannot have the same rights as them.
- Threat to peaceful co-existence: The stubbornness to stick to a particular ideology without caring for the right to co-exist peacefully adds further fuel to the fire of hate speech.
Issues in regulating hate speech
- Powers to State: Almost every regulation of speech, no matter how well-intentioned, increases the power of the state.
- Hate speeches are Political: The issue is fundamentally political and we should not pretend that fine legal distinctions will solve the issue.
- Legal complications: An over-reliance on legal instruments to solve fundamentally social and political problems often backfires.
Way forward
- Subjects like hate speeches become a complex issue to deal with, in a country like India which is very diverse, as it was very difficult to differentiate between free and hate speech.
- There are many factors that should be considered while restraining speeches like strong opinions, offensive comments towards certain communities, the effect on values like dignity, liberty and equality.
- We all have to work together and communicate efficiently for our country to be a healthy place to live in.
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From UPSC perspective, the following things are important :
Prelims level: CBI general consent
Mains level: Issues with working of CBI
The Maharashtra CM has restored general consent to the Central Bureau of Investigation (CBI) to investigate cases in Maharashtra.
General Consent to CBI
- The CBI is governed by the Delhi Special Police Establishment Act.
- This makes consent of a state government mandatory for conducting an investigation in that state.
- Generally, the CBI has jurisdiction only over central government departments and employees.
- However, it can investigate a case involving state government employees or a violent crime in a given state only after that state government gives its consent.
When is Consent needed?
- There are two kinds of consent: case-specific and general.
- General consent is normally given to help the CBI seamlessly conduct its investigation into cases of corruption against central government employees in the concerned state.
- Almost all states have given such consent.
- Otherwise, the CBI would require consent in every case.
- For example, if it wanted to investigate a bribery charge against a Western Railway clerk in Mumbai, it would have to apply for consent with the Maharashtra government before registering a case against him.
Withdrawing General Consent
- It means the CBI will not be able to register any fresh case involving a central government official or a private person stationed in these two states without getting case-specific consent.
- Withdrawal of consent simply means that CBI officers will lose all powers of a police officer as soon as they enter the state unless the state government has allowed them.
Under what provisions general consent can be withdrawn?
- Section 6 of the Act says nothing contained in Section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union Territory or Railway, area, without the consent of the Government of that State.
- In exercise of the power conferred by Section 6 of the Delhi Special Police Establishment Act, 1946, the government can withdraw the general consent to exercise the powers and jurisdiction.
Back2Basics: Central Bureau of Investigation (CBI)
- Origins of CBI can be traced back to the Special Police Establishment (SPE) set up in 1941 in order to cases of bribery and corruption in War & Supply Department of India during World War II.
- The need of a Central Government agency to investigate cases of bribery and corruption was felt even after the end of World War II.
- So, DSPE (Delhi Special Police Establishment) Act, 1946 was brought that gave legal power of investigating cases to CBI.
- CBI is not a statutory body as it is not established by an Act of the Parliament.
- CBI investigates cases related to economic crimes, special crimes, cases of corruption and other high-profile cases.
- CBI comes under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions.
- CBI is exempted from Right to Information (RTI) Act similar to the National Investigating Agency (NIA), National Intelligence Grid (NATGRID), etc.
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From UPSC perspective, the following things are important :
Prelims level: Agni Missiles
Mains level: Not Much
India has successfully test-fired indigenously-developed new generation medium-range ballistic missile Agni Prime from the Odisha coast.
Agni-Prime Missile
- Agni-P is a new generation advanced variant of the Agni class of missiles.
- It is the sixth missile in the Agni series of ballistic missile.
- It is a two-staged canisterised missile with a range capability between 1,000 and 2,000 km.
- Many advanced technologies including composites, propulsion systems, innovative guidance and control mechanisms and state-of-the-art navigation systems have been introduced.
- Significantly, it weighs 50 per cent less than the Agni 3 missile and has new guidance and propulsion systems
- The missile strengthens India’s credible deterrence capabilities.
Back2Basics: Agni Missiles
- Agni missiles are long range, nuclear weapons capable surface to surface ballistic missile.
- The first missile of the series, Agni-I was developed under the Integrated Guided Missile Development Program (IGMDP) and tested in 1989.
- After its success, Agni missile program was separated from the IGMDP upon realizing its strategic importance.
- It was designated as a special program in India’s defence budget and provided adequate funds for subsequent development.
Variants of Agni missiles
- Agni I: It is a Medium Range Ballistic Missile with a Range of 700-800 km.
- Agni II: It is also a Medium Range Ballistic Missile with a Range more than 2000 km.
- Agni III: It is also an Inter-Medium Range Ballistic Missile with Range of more than 2,500 Km
- Agni IV: It is also an Inter-Medium Range Ballistic Missile with Range is more than 3,500 km and can fire from a road mobile launcher.
- Agni-V: Currently it is the longest of Agni series, an Inter-Continental Ballistic Missile (ICBM) with a range of over 5,000 km.
- Agni- VI: The longest of the Agni series, an Inter-Continental Ballistic Missile (ICBM) with a range of ICBM 11,000–12,000 km.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Great Indian Bustard
Mains level: NA
The recent sighting of three Great Indian Bustards (GIBs) deep in Pakistan’s Cholistan desert has given rise to speculation that the endangered birds might have flown across the international border from India.
Great Indian Bustards
- GIBs are the largest among the four bustard species found in India, the other three being MacQueen’s bustard, lesser florican, and the Bengal florican.
- GIBs’ historic range included much of the Indian sub-continent but it has now shrunken to just 10 percent of it. Among the heaviest birds with flight, GIBs prefer grasslands as their habitats.
- GIBs are considered the flagship bird species of grassland.
Protection accorded
- Birdlife International: uplisted from Endangered to Critically Endangered (2011)
- Protection under CITES: Appendix I
- IUCN status: Critically Endangered
- Protection under Wildlife (Protection) Act: Schedule I
Threats
- Overhead power transmission: This has resulted in the electrocution of the bustards.
- Poor vision: Due to their poor frontal vision, can’t detect powerlines in time and their weight makes in-flight quick maneuvers difficult.
- Windmills: Coincidentally, Kutch and Thar desert are the places that have witnessed the creation of huge renewable energy infrastructure.
- Noise pollution: Noise affects the mating and courtship practices of the GIB.
- Changes in the landscape: by way of farmers cultivating their land, which otherwise used to remain fallow due to frequent droughts in Kutch.
- Cultivation changes: Cultivation of cotton and wheat instead of pulses and fodder are also cited as reasons for falling GIB numbers.
Try this PYQ:
Q.Consider the following pairs:
Protected Area: Well-known for
- Bhitarkanika, Odisha — Salt Water Crocodile
- Desert National Park, Rajasthan — Great Indian Bustard
- Eravikulam, Kerala — Hoolock Gibbon
Which of the pairs given above is/are correctly matched? (CSP 2014)
(a) 1 only
(b) 1 and 2
(c) 2 only
(d) 1, 2 and 3
Post your answers here.
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