Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Green Financing, India's Net Zero 2070 objective
Context
- Climate finance, or Green Money, remains a critical bottleneck for India in its journey towards the Net Zero 2070 objective and to create a resilient system through climate adaptation and mitigation. The challenge is daunting to make a climate transition for a nation of 1.4 billion people with increasing aggregate national income and individual wealth inequality.
What is the Present arrangement of external financing for climate change
- Estimated cost: Finances for climate change were to be channelized through multi-tiered systems in the form of national, regional, and international bodies. It has been estimated that India will need $15 trillion to finance its Net Zero journey.
- Concessional loans: In most cases, small amounts flowing now into the developing component of the G20 nations are actually in the form of concessional loans rather than grants.
- Technological support from developed countries: There is no doubt that India will need international financial commitments and technological support from developed countries, who have been erratic with their promised deliveries so far.
- Green finance is a phenomenon that combines the world of finance and business with environment friendly behavior. It may be led by financial incentives, a desire to preserve the planet, or a combination of both.
- In addition to demonstrating proactive, environment friendly behavior, such as promoting of any business or activity that could be damaging to the environment now or for future generations.
Green financing through domestic market
- Status of Green Bonds: As for domestic financial sources, according to an RBI Bulletin from January 2021, green finance in India is still at the nascent stage. Green bonds constituted only 0.7% of all the bonds issued in India since 2018, and bank lending to the non-conventional energy constituted about 7.9% of outstanding bank credit to the power sector as of March 2020.
- Provision of Green loans: The report also mentioned that the development of green financing and funding of environment-friendly sustainable development is not without challenges, which may include false compliance claims, misuse of green loans, and, most importantly, maturity mismatches between long-term green investments and relatively short-term interests of investors.
What are the challenges to green financing?
- No assessment of climate finance risk: Research report indicates that banks in India, like in many parts of the world, are not prepared to adapt to climate change; and have not yet factored in any climate-related financial risks into their day-to-day decision-making. Some of the criteria used to assess the banks include a commitment to phase out investments in coal, disclosing and verifying direct and indirect emissions, issuing green loans, financing climate mitigation, and Net Zero targets for different types of emissions and their implementation plans.
- Lack of enthusiasm among bankers: The report is also critical that none of the 34 banks have tested the resilience of their portfolios in the face of climate change. Yet, the bankers’ noise around the green finance topic is euphorically loud, without action.
- No standard definition of green financing: These banks and financial institutions are also not geared up for financing green transition. India faces the big challenge of “how to define green”, as there is no uniform green definition and green taxonomy.
- Poor debt market for green finance: The green money is generated through largely debt-based products (green bonds, climate policy performance bonds, debt for climate swaps, etc.), while the fund deployment occurs through debt-based, equity-based, and often, insurance-based instruments, apart from grants and loans. However, the Indian market lacks the depth of its debt markets or the heft of the bond markets.
- Lack of green data governance: There is an inherent problem with “green data governance” that entails tracking the entire data-chain of a green financing initiative.
- Unviable green projects: Like many other private sectors funding, the banks look at rates of return that do not really often make financing “public goods” as viable investments. They are even apprehensive about financing projects with long gestation periods with uncertain returns.
What is way forward for green financing?
- Considering social cost of carbon: An economic return alone might not be sufficient to induce green financing. A more holistic rate of return, considering the social cost of carbon, will be appropriate.
- Return on green investment should include social returns: A longer time horizon will be needed for the cost-benefit analysis and the estimation of the return on investment. This is because, for climate-related projects, the returns increase over time. The extent to which the particular project could result in CO2 reduction and, eventually reduction in the social cost of carbon need to be assessed. As an example, India intends to reduce 1 billion Tonnes of CO2. The present social cost of CO2 (SCC) is $86/tonne. Therefore, the sheer economic gain is to the tune of $86 billion, or 2.1% of the current Indian GDP. Social cost saving is a public good and is enjoyed by all businesses, including the financial institutions.
- Applying the green taxation: Hence, for a stronger business case for climate finance, experts propose to include in its Return-on-investment calculations the cost-benefit returns of the project through NPVSCC20 the Net Present Value of Social Cost of Carbon over 25 years of the project, a time period that compares well with tenor of infra and sovereign bonds. As an incentive, the government could introduce taxation sops for using NPVSCC25.
You may want to know about Net Zero
- Net zero means cutting greenhouse gas emissions to as close to zero as possible, with remaining emissions re-absorbed by oceans/ forests.
- China, US, EU and India contribute 75% of total GHG emissions
- However, per capita GHG emissions for US, EU and China are7,3 and 3 times of India
- India has set target to achieve net zero emissions by 2070.
Conclusion
- The way India finances its journey to Net Zero 2070 could very well be a framework for other nations, for it would need to have contours of social inclusion, economic flexibility, and sustainable financing, while keeping in mind the political compulsions, as well as serving the demographic requirements of creating and sustaining livelihood in decades to come.
Mains Question
Q. Green financing is the most crucial part of achieving Net zero target. Comment. What are the India’s efforts to finance its climate action goals?
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Issues over Capital punishment
Context
- CJI, Justice Lalit had displayed unique sensitivity to the plight of the condemned ‘death row prisoners’ in Anokhi Lal vs State of M.P. (2019), Irfan vs State of M.P., Manoj and Ors vs State of M.P. (May 2022) and impart corrections in the form of creative directions/guidelines.
What is capital punishment?
- Capital punishment, sometimes called death penalty, is execution of an offender sentenced to death after conviction by a court of law for a criminal offense.
- It should be distinguished from extrajudicial executions carried out without due process of law.
- The term death penalty is sometimes used interchangeably with capital punishment, though imposition of the penalty is not always followed by execution, because of the possibility of commutation to life imprisonment.
- Bachan Singh case: In Jagmohan Singh vs State of UP’ (1973), then in ‘Rajendra Prasad vs State of UP’ (1979), and finally in ‘Bachan Singh vs State of Punjab’ (1980) the Supreme Court affirmed the constitutional validity of the death penalty.
- Punishment according to fair procedure: It said that if capital punishment is provided in the law and the procedure is a fair, just and reasonable one, the death sentence can be awarded to a convict.
- Rarest of rare case: This will, however, only be in the “rarest of rare” cases, and the courts should render “special reasons” while sending a person to the gallows.
What is “rarest of rare” case?
- The principles of what would constitute the “rarest of rare” were laid down by the top court in the landmark judgment in ‘Bachan Singh’.
- Two prime questions, the top court held, may be asked and answered:
- First: is there something uncommon about the crime which renders the sentence of imprisonment for life inadequate and calls for a death sentence?
- Second: are there circumstances of the crime such that there is no alternative but to impose the death sentence even after according to maximum weightage to the mitigating circumstances which speak in favor of the offenders?
Why existing guidelines are problematic?
- Arbitrary sentencing: There has long been a judicial crisis in death penalty sentencing on account of unprincipled sentencing, arbitrariness and worrying levels of subjectivity. The crisis has been acknowledged by the Supreme Court, the Law Commission of India, research scholars and civil society groups.
- Crime-centric nature: Death penalty sentencing has been, by and large, crime-centric. This approach goes against the requirements imposed on sentencing judges by the Supreme Court in Bachan Singh (1980).
- Nature of crime a dominant consideration: An important reason for the breakdown is that factors relating to the crime the nature of the crime and its brutality are often dominant considerations, and there is barely any consideration of mitigating factors.
- Little discussion on mitigating factors: There has been very little discussion on bringing the socioeconomic profile of death row prisoners as a mitigating factor into the courtroom.
What are new guidelines through recent judgement?
- Considering Potential mitigating circumstances: The focus here is on reframing ‘Framing Guidelines Regarding Potential Mitigating Circumstances to be Considered While Imposing Death Sentences’, a decision authored by the three judge Bench (the current CJI and Justices Ravindra Bhat and Sudhanshu Dhulia, September 19, 2022).
- Seeking remedies beyond Legislative and judicial limitation: Such a reference to a larger Bench would constitute yet another step in the direction of death penalty sentencing justice reform such as the legislative limitation flowing from Section 354(3) in the Code of Criminal Procedure; judicial limitation flowing from the ‘rarest of rare’ case; and ‘oral hearing’ after all the remedies to the condemned are exhausted.
- Mitigating factors are important: Justice Ravindra Bhat did not stop at paying lip service to ‘rarest of rare’ case limitation, but also required the sentencing court to take the trouble of balancing the aggravating factors and mitigating factors, as per the full Bench ruling.
- The following observations of the Court are significant: “It is also a fact that in all cases where imposition of capital sentence is a choice of sentence, aggravating circumstances would always be on record, and would be part of [the] prosecutor’s evidence, leading to conviction, whereas the accused can scarcely be expected to place mitigating circumstances on the record, for the reason that the stage for doing so is after conviction.
- Granting real and meaningful opportunity: The three judge Bench decision seems to have gone beyond sentencing incongruities when it observes: “This court is of the opinion that it is necessary to have clarity in the matter to ensure a uniform approach on the question of granting real and meaningful opportunity, as opposed to formal hearing to the accused/convict on the issue of sentence.”
Conclusion
- Free, fair and transparent opportunity has been given to accused while awarding the death sentence. Supreme court of India has rightly laid down the guidelines through judgement for sentencing the capital punishment to prevent the arbitrary use and misuse of capital punishment.
Mains Question
Q. What are the issues with death penalty guidelines in India? What are the new guidelines by SC regarding capital punishment?
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From UPSC perspective, the following things are important :
Prelims level: Telecom Spectrum
Mains level: Spectrum policy, auctions, Digital divide, issues and Solutions
Context
- It is widely acknowledged that spectrum policy in India has had ups and downs, regretfully more downs than ups. Despite the recognized failure, India hosts 800 million internet users and host the second-largest telecommunications network in the world. We wonder what might have been achieved with a more reasonable and transparent spectrum policy.
Background
- On September 22, the government released the draft Indian Telecommunication Bill, 2022 seeking to replace the colonial era Indian Telegraph Act, 1885.
- The draft bill compares spectrum to aatma: “In a way, spectrum is similar to aatma, like aatma, spectrum too does not have any physical form, yet it is omnipresent.” And yet there is one immutable difference in this material world. While the value of aatma is inestimable, spectrum has always had a banal price tag associated with it.
- The draft Indian Telecommunication Bill, 2022 is an attempt by the Department of Telecommunications (DoT) to consolidate various legislations presently governing the telecommunication landscape in India.
- The Bill seeks to replace three laws, the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933 and the Telegraph Wires (Unlawful Possession) Act, 1950.
- The new regulatory framework is to bring the law at par with technological advancements and remove obsolete provisions from the colonial era laws.
What is mean by Spectrum?
- In physics, it’s a word that describes the distribution of something, like energy or atomic particles
- Spectrum refers to the invisible radio frequencies that wireless signals travel over. Devices such as cell phones and wireline telephones require signals to connect from one end to another.
- These signals are carried on airwaves, which must be sent at designated frequencies to avoid any kind of interference. The frequencies we use for wireless are only a portion of what is called the electromagnetic spectrum.
- The Union government owns all the publicly available assets within the geographical boundaries of the country, which also include airwaves.
- With the expansion in the number of cell phones, wireline telephone and internet users, the need to provide more space for the signals arise from time to time.
The status of Spectrum policy in India?
- Host the second largest telecommunications network despite of failures:
- It is widely acknowledged that spectrum policy in India has had ups and downs, it has for the most part failed to capitalize on the ubiquity of the electromagnetic spectrum to provide meaningful connectivity to all citizens.
- Despite the recognized failure, we boast of a billion plus mobile subscribers, 800 million internet users and host the second-largest telecommunications network in the world.
- Ineffective access widening space of digital divide:
- The intent of the draft bill is to correct past sins so that the benefits of spectrum and technology are better shared, and the quality of access improved for everybody.
- In other words, since effective access to spectrum has remained a significant barrier to facilitating meaningful connectivity for Indians.
- Spectrum’s potential is huge but with technical limitations:
- The draft bill rightly refers to the spectrum as having the characteristics of a public good. It is also an inexhaustible resource. But while spectrum per se is not depletable, there are technical limitations to its optimum utilization at a given point in time.
- Consequently, it is viewed as a scarce natural resource and what’s more, expensive auctions have made the spectrum dear and arguably exclusionary.
- High cost of spectrum acquisition:
- Since 2010, the government has consistently used auctions for spectrum allocation and in only one of the seven auctions held since then, the government was successful in selling 100 per cent of the available spectrum. One reason for this lukewarm response, barring the 2010 auction, is the high cost of spectrum acquisition.
- High cost of auctions leading to revenue loss for the government:
- Due to the high reserve price, the most recent auction witnessed spectrum being sold at the reserve price, effectively rendering the basis of an auction moot.
- If almost all spectrum was sold at its reserve price, and a significant amount goes unsold, it implies that the price was too high, to begin with. It also implies a loss of revenue for the government for spectrum unsold is spectrum squandered.
- Finally, it results in areas being underserved or unserved affecting quality and quantity.
- High network charges by operators impacts compromising equal distribution and quality:
- According to one estimate, at 7.6 per cent of their aggregate revenue, spectrum cost in India is amongst the most expensive in the world.
- Since network operators incur a significantly higher cost for spectrum compared to other emerging markets, the ability to invest in network upgradation and infrastructure is severely impacted, resulting in uneven distribution of service and poor quality to boot.
What Could be the fresh approach?
- Acknowledging and addressing the issues:
- It must be recognized that the spectrum needs to be combined with other infrastructure to enable service delivery.
- The cost of deploying other infrastructure in remote areas is nearly twice as much, while revenue opportunities are far lower, damaging if not destroying the prospects of rural businesses. Plugging the digital divide, therefore, needs a fresh approach.
- Correcting the cost of spectrum and boosting investment:
- Since licences and spectrum are typically assigned for service areas that are, for the most part, identified by state boundaries.
- Since operators predominantly cater to urban markets, the spectrum in remote areas remains under- or in places un-utilized due to a lack of investment in allied infrastructure.
- Reviving the old and executing the fresh provisions enshrined in draft bill for equitable sharing:
- The draft bill incorporates practical provisions on the spectrum such as use it, share it, or lose it – an awaited policy that, however, needs innovative support to be successful. The idea of “niche operators” providing services including to telecom operators and manufacturers, introduced in 2005, needs revival in this regard.
- If licensed operators are unable to utilise the assigned spectrum, the same could be given to local entrepreneurs who understand the needs of rural customers and are better placed to develop a more effective business case more quickly than the larger telcos. Active promotion of the idea of niche operators might just jolt operators out of their lethargy towards rural services.
- Adopting innovative methods:
- Alternatively, the government may explore innovative methods of spectrum access such as a non-competitive licensing framework for certain specific use cases.
- Canada, for instance, has initiated consultations on a non-competitive local licensing framework in the 3900-3980 MHz Band and portions of the 26, 28 and 38 GHz bands to inter alia facilitate broadband connectivity in rural areas.
- Emphasizing on Transparency and enhancing healthy competition:
- The government should build an ecosystem that inspires trust so that transparency in assignment can be secured at a reasonable price for operators with strict service obligations without the phantasm of auctions.
- At the same time, there should be no unsold spectrum. Niche operators should be invoked to engender competition, and government could yet collect revenue for itself.
Conclusion
- The telecom is no longer an end in itself. It exists for user industries much more than ever before. The spill over benefits are far greater than what the sector commands within. Thus, to state the obvious, the vision that is “Digital India” can never be realized if affordable broadband connectivity remains only within the reach of a few.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Unlawful (Activities) Prevention Act (UAPA)
Mains level: Misuse of UAPA
The Prime Minister has said that Central laws such as the Unlawful Activities (Prevention) Act (UAPA) had given an impetus to the system in a decisive fight against terrorism.
What is Unlawful (Activities) Prevention Act (UAPA)?
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
What are Unlawful Activities and Associations?
- The UAPA lays down the definitions and rules for designating an organisation as an “unlawful association” if it is engaged in certain types of activities.
- Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”.
- The government can then issue a notification designating such an organisation as a terrorist organisation, if it believes that the organisation is part of “terrorist activities.”
(1) Unlawful Activites
- Under section 2(o) of the UAPA, an unlawful activity in relation to an individual or association means – Any action taken by such an individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), –
- Works for the Cession of a part of the territory of India or the secession of a part of the territory of India from the Union
- Disclaims, questions, disrupts or is intended to Disrupt the sovereignty and territorial integrity of India; or
- which causes or is intended to cause Disaffection against India;
- Related and ancillary acts, including financing, support or promotion of any such activities are also “unlawful activity”.
(2) Unlawful Association
The UAPA also defines an “Unlawful Association” under section 2(p) as meaning any association,–
- which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity or
- which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity
Reported abuse of UAPA
- The PUCL report studied data from the National Crime Records Bureau (NCRB) from 2015 to 2020.
- It has found per-case conviction rate under the UAPA was 27.57% compared with 49.67% in Indian Penal Code (IPC) cases.
- The per-arrestee conviction rate was just 2.8% against 22.19% in IPC cases.
- This is far less to figure of the success of having UAPA.
Cases registered under UAPA
- During the check period, 5,924 cases were registered and 8,371 persons arrested.
- The National Investigation Agency, on its website, had listed 456 cases of which 78% involved UAPA charges.
Other issues with UAPA
- Burden of proof: With such high barriers of proof, it is now impossible for an accused to obtain bail, and is in fact a convenient tool to put a person behind bars indefinitely.
- No interim bail: As a consequence of UAPA being applied, the accused cannot even get bail.
- Traitor branding: This is being abused by the government, police and prosecution liberally: now, all dissenters are routinely implicated under charges of sedition or criminal conspiracy and under the UAPA.
- Fake and framed cases: In multiple instances, evidence is untenable, sometimes even arguably planted, and generally weak overall.
Way forward
- Even within the constraints of the UAPA, much can be achieved if a responsive and independent judiciary follows the basic principles of natural justice and due process.
- The governments need to consider the issue of pendency of cases under UAPA and take steps to address the issues by either repealing certain provisions or ensuring speedy trials.
Conclusion
- Terrorism is no petty crime.
- It is sometimes necessary to infringe on due process of a few citizens in order to protect the larger humanity.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Police reforms due in India
Prime Minister has pitched the idea of “One Nation, One Uniform” for Indian police forces.
One Nation One Uniform
- PM urged that the identity of police across the country should be the same.
- This suggestion is in line with his broader attempt to introduce a uniform set of policies across the country.
How can this be achieved?
- Law and order is a State Subject.
- The Indian Constitution puts police forces under the jurisdiction of state governments, and each of the 28 states have their own police force.
- Both ‘public order’ and the ‘police’ are placed in List II (State List) of the Seventh Schedule of the Constitution, which deals with the division of powers between the Union and States.
- In the circumstances, it is unclear how the PM’s suggestion, if the government were to take it up seriously, might be implemented.
Why such move?
Ans. Inconsistencies in attire
- While police personnel in India are often associated with the colour khaki, their uniforms do differ in varying degrees in different regions.
- For example:
- Kolkata Police wear white uniforms
- Puducherry Police constables wear a bright red cap with their khaki uniforms
- Delhi Traffic Police personnel wear white and blue uniforms
Changes in police uniforms
Over the years, police departments of various states have made various attempts to reform uniforms for their personnel.
- Maharashtra: In February 2018, in a bid to prevent colour variation in the uniform of its personnel, the Maharashtra police had decided to provide dope-dyed khaki fabric for its staff. Again, the Maharashtra DGP issued a circular discontinuing the practice of wearing a “tunic uniform” for officers from the rank of Police Sub Inspectors (PSI) to Deputy Superintendent (DySP).
- Karnataka: In October 2018, the Karnataka Police announced that women personnel would no longer wear khaki saris, rather a khaki shirt and trousers while on duty. This would make it easier for policewomen to do their job and improve their effectiveness in dealing with crime.
- New Delhi: The Delhi Police had asked the National Institute of Fashion Technology (NIFT) to design fresh uniforms, with an immediate focus on clothing that would be more comfortable.
Other such moves
- In August this year, the Ministry of Chemicals and Fertilisers announced that it had implemented the “One Nation One Fertiliser” scheme.
- The Centre in August 2019 had introduced the “One Nation One Ration Card” scheme.
- PM has also repeatedly suggested the implementation of “One Nation, One Election”, and adopting a single voter list for all polls.
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From UPSC perspective, the following things are important :
Prelims level: Air Quality Index
Mains level: Not Much
Air Quality Index (AQI)
- AQI measures how safe the air around you is for breathing. Organizations that report AQI measure the density of various pollutants in the air (such as PM2.5, PM10, nitrogen dioxide, ozone, etc) at different monitoring stations.
- The widely-used National Air Quality Index (NAQI) given by the Central Pollution Control Board is a 24-hour average.
- Its unit is micrograms per cubic meter.
- A particular amount of one pollutant may not be as harmful as the same amount of another pollutant.
- So, each pollutant’s quantity in the air is adjusted to a common scale (say, 0 to 500) that works for all pollutants.
- Finally, the pollutant with the worst sub-index determines the AQI for that time and location.
What are NAAQ standards?
- The mandate provided to the Central Pollution Control Board (CPCB) under the Air (Prevention and Control of Pollution) Act empowers it to set standards for the quality of air.
- Hence the current National Ambient Air Quality Standards were notified in November 2009 by the CPCB.
- Prior to this, India had set Air Quality standards in 1994, and this was later revised in 1998.
- The 2009 standards further lowered the maximum permissible limits for pollutants and made the standards uniform across the nation.
- Earlier, less stringent standards were prescribed for industrial zones as compared to residential areas.
Pollutants covered:
- Sulphur Dioxide (SO2)
- Nitrogen Dioxide (NO2),
- Particulate Matter (size less than 10 µm) or PM 10
- Particulate Matter (size less than 2.5 µm) or PM2.5
- Ozone (O3)
- Carbon Monoxide (CO)
- Ammonia (NH3)
(Air Pollutants that most of us NEVER heard of)
- Lead
- Benzene (C6H6)
- Benzo(a)Pyrene (BaP)
- Arsenic(As)
- Nickel (Ni)
What are Initiatives taken by India for Controlling Air Pollution?
- System of Air Quality and Weather Forecasting and Research (SAFAR) Portal
- Air Quality Index: AQI has been developed for eight pollutants viz. PM2.5, PM10, Ammonia, Lead, nitrogen oxides, sulphur dioxide, ozone, and carbon monoxide.
- Graded Response Action Plan
- For Reducing Vehicular Pollution: BS-VI Vehicles, Push for Electric Vehicles (EVs),Odd-Even Policy as an emergency measure
- New Commission for Air Quality Management
- Subsidy to farmers for buying Turbo Happy Seeder (THS) Machine
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From UPSC perspective, the following things are important :
Prelims level: Tambo Art
Mains level: NA
Wayanad farmer creates Ashoka Chakra using Tambo art.
What is Tambo Art?
- Tambo art is an artistic technique that consists of creating a design with different varieties of rice directly in a rice field.
- The origin of this art can be traced to Japan where people plant paddy of various varieties and hues to create the desired images.
- The image of Ashoka Chakra has been created using four varieties of paddy seeds such as Nazar bath, Kala bath, Kaki sala and Ramlee.
- They will ripen in shades that range from brown to golden, light brown to black, green to black and green to white and black.
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