Note4Students
From UPSC perspective, the following things are important :
Prelims level: Cancer and Innovative Treatment and therapies
Mains level: Rising Cancer and economic burden
Central Idea
- Cancer cases in India are predicted to cross the 15 lakh mark by 2025, highlighting concerns about the economic burden of expensive cancer treatments and the accessibility of affordable healthcare for patients.
Cancer
- Cancer is a group of diseases that arise when cells in the body begin to grow and divide uncontrollably, leading to the formation of tumors.
- Normally, cells in the body grow, divide, and die in an orderly fashion, but in cancer, this process goes awry, leading to the accumulation of abnormal cells that can form a mass or tumor.
- There are many different types of cancer, which can affect any part of the body. Some cancers, such as leukemia, do not form tumors but still involve the uncontrolled growth of abnormal cells.
- Symptoms of cancer can vary depending on the type and location of the cancer, but common signs include unexplained weight loss, fatigue, pain, and changes in the skin or the appearance of a lump or mass.
Economic Burden of Cancer Treatment
- Inaccessible and Increasing Costs:
- The average medical expenditure per hospitalization case for cancer treatment was ₹68,259 in urban areas, according to the NSS 2017-18 report.
- A Parliamentary Standing Committee report expressed concern about the inaccessible and increasing cost of cancer treatment.
- Regulatory Challenges:
- While anti-cancer medicine costs can be regulated, the cost of radiotherapy cannot, as it has not been declared an essential service.
- Insurance Coverage and Out-of-Pocket Expenses.
- Impact on Patients:
- Cancer often strikes around the retirement age, leading to mounting debt burdens.
- The average hospital stay for 14.1% of cancer patients is more than 30 days, further increasing bills.
Insurance Coverage and Out-of-Pocket Expenses
- Poor Insurance Penetration: More than 80% of hospital bills are paid out of pocket, as per the NSS 2017-18 report.
- Ayushman Bharat Limitations: The Committee observed that the Ayushman Bharat insurance scheme launched in 2018 does not cover entire prescriptions, latest cancer therapies, or many diagnostic tests.
- State-Specific Insurance Schemes: The Committee suggested a convergence of State and Central schemes, as some State-specific insurance schemes have been highly beneficial.
State-wise Variation in Cancer Treatment Expenditure
- State-wise average medical expenditure per hospitalization case for cancer treatment in government hospitals varies, with the lowest in Tamil Nadu and Telangana, and the highest in northern and north-eastern India.
- Unlike chemotherapy or immunotherapy, which require mass-produced injectable or oral medication, CAR T-cell therapies use a patient’s own cells.
- The treatment involves modifying a patient’s own T-cells, which are a type of immune cell, in a laboratory to target and attack cancer cells.
- CAR stands for chimeric antigen receptor, which refers to the genetically engineered receptor that is added to the patient’s T-cells.
- The patient’s T-cells are collected and genetically modified in a laboratory to express the CAR.
- The modified T-cells are then infused back into the patient’s body, where they can seek out and destroy cancer cells that express the antigen targeted by the CAR.
- The cells are even more specific than targeted agents and directly activate the patient’s immune system against cancer, making the treatment more clinically effective.
- This is why they’re called living drugs.
- CAR T-cell therapy has shown promising results in treating certain types of blood cancers, including leukemia and lymphoma.
Conclusion
- The rising number of cancer cases in India underscores the need to address the economic burden of expensive cancer treatments and improve the accessibility of affordable healthcare for patients. Converging State and Central insurance schemes, expanding insurance coverage, and exploring ways to regulate treatment costs are essential steps to ensure that patients can access life-saving treatments without facing insurmountable financial challenges.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Andaman and Nicobar Islands (ANI), Holistic Development of Great Nicobar Island project
Mains level: Holistic Development of Great Nicobar Island project and related concerns
Central Idea
- The ₹70,000 crore Holistic Development of Great Nicobar Island project raises concerns about its ecological impact and the Union government’s hasty clearances, while its feasibility and sustainability remain questionable.
- The Holistic Development of Great Nicobar Island project is a major infrastructure development initiative launched by the Indian government in 2020.
- The Union Ministry of Environment, Forest and Climate Change (MoEFCC) has cleared the way for the ‘Holistic Development of Great Nicobar Island project.
- The project aims to transform the Great Nicobar Island, the largest island in the Nicobar group of islands in the Bay of Bengal, into a modern, sustainable, and self-sufficient territory.
- The project includes an international transhipment port, an international airport, a gas and solar-based power plant, and an ecotourism and residential township.
Environmental and Ecological Concerns
- Quick Clearances and Exemptions: The project’s quick approvals, clearances, exemptions, and de-notifications indicate the Union government’s keenness to implement it.
- Urbanization and Biodiversity: The project is expected to attract a population equal to the entire island chain, with potential negative impacts on the region’s marine and terrestrial biodiversity.
- Biosphere Reserve and Tribal Reserves: The island was declared a biosphere reserve in 1989 and is home to vulnerable tribal communities, such as the Nicobarese and Shompen.
Feasibility and Sustainability Issues
- Hinterland Economic Activities: A successful transhipment hub requires viable hinterland economic activities, which may be wishful thinking in Great Nicobar.
- Afforestation and Coral Reef Translocation: The far-field afforestation recommendation and coral reef translocation are questionable compensation methods.
- Tectonic Instability: Great Nicobar Island’s proximity to the Ring of Fire and its history of earthquakes raise concerns about the feasibility of developing an urban port city.
Facts for Prelims: Andaman and Nicobar Islands (ANI)
- Location: Located between 6° and 14° North Latitude and 92° and 94° East Longitude lie the Andaman and Nicobar Islands, a union territory in India.
- Two groups of Island: It consists of two groups of islands. The islands located north of 10° north latitude are known as Andaman while islands located south of 10° north latitude are called Nicobar.
- The Andamans: More than 300 islands make up the Andamans. North, Middle, and South Andaman, known collectively as Great Andaman, are the main islands;
- The 10- degree channel: The 10-degree channel which is about 145 km long separates Little Andaman in the south from the Nicobar Islands.
- The Nicobars: The Nicobars consists of 19 islands. Among the most prominent is Car Nicobar in the north; and Great Nicobar in the south. About 90 miles to the southwest of Great Nicobar lies the northwestern tip of Sumatra, Indonesia.
- Formation: Both the Andaman and Nicobar groups are formed by the above-sea extensions of submarine ridges of mountains and are a part of a great island arc. The highest peak is 2,418 feet at Saddle Peak on North Andaman, followed by Mount Thullier at 2,106 feet on Great Nicobar and Mount Harriet at 1,197 feet on South Andaman. Barren island, the only known active Volcano in south Asia lies in the Andaman Sea. In the late 20th and early 21st centuries, there were volcanic eruptions on Barren Island.
- Andaman Terrain: Formed of sandstone, limestone, and shale of Cenozoic age, the terrain of the Andamans is rough, with hills and narrow longitudinal valleys. Flat land is scarce and is confined to a few valleys.
- Nicobar Terrain: The terrain of the Nicobar is more diverse than that of the Andamans. Some of the Nicobar Islands, such as Car Nicobar, have flat coral-covered surfaces with offshore coral formations that prevent most ships from anchoring. Other islands, such as Great Nicobar, are hilly and contain numerous fast-flowing streams.
- Great Nicobar is the only island in the territory with a significant amount of fresh surface water.
- Climate: The climate of the Andaman and Nicobar Islands is tropical but is moderated by sea.
Conclusion
- The Great Nicobar Island project’s ecological and environmental costs, along with its questionable feasibility and sustainability, raise concerns about India’s commitment to conservation, sustainability, and green development models. It is crucial that the green developmental model becomes the guiding principle for future economic activities, ensuring that growth does not result in irretrievable loss of natural capital.
Mains Question
Q. Recently Union Ministry of Environment, Forest and Climate Change (MoEFCC) has cleared the way for the Holistic Development of Great Nicobar Island project. In this backdrop, discuss environmental and ecological concerns and sustainability issues.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Global Security Initiative
Mains level: Global Security Initiative, India- china relations
Central Idea
- The Global Security Initiative (GSI), a China-led framework aiming to restore stability and security in Asia, appears to be more of a counter-narrative to U.S. leadership rather than a genuine attempt to establish a sustainable security order.
What is GSI?
- The GSI was introduced by Chinese Minister of Foreign Affairs Qin Gang at the Lanting Forum in Beijing.
- The initiative is based on five pillars: mutual respect, openness and inclusion, multilateralism, mutual benefit, and a holistic approach.
- Mutual Respect and Adherence to International Law:
- China’s relations with neighbors like India and Southeast Asian countries demonstrate a lack of respect for their sovereignty and territorial integrity.
- China’s assertive manoeuvres in the South China Sea, rejection of UNCLOS, and undermining of India’s territorial integrity are at odds with the GSI’s first principle.
- Openness and Inclusion:
- Despite advocating for openness and inclusion, China engages in exclusionary policies in the East and South China Seas, rejecting freedom of navigation and consolidating its sphere of influence.
- Multilateralism and Security Cooperation:
- China’s involvement in multilateral institutions often involves asymmetric power relations, as seen in its dealings with ASEAN members.
- Its delay in establishing a Code of Conduct for the South China Sea and ongoing militarization in the region undermine this principle.
- Mutual Benefit:
- China’s Belt and Road Initiative (BRI) has the potential to benefit all parties involved. However, its funding of unsustainable projects for countries with low credit ratings creates debt burdens and destabilizes international macroeconomic stability.
- China’s insistence on a larger share in joint resource exploration with the Philippines is another example of disregarding mutual benefit.
- Holistic Approach:
- China’s rise in a transitioning multipolar international system has led to power competitions with established and rising powers, such as the U.S. and India.
- Its engagements with these powers indicate a narrowly defined goal for its power interests. Furthermore, China’s involvement in non-traditional security threats, such as the COVID-19 pandemic and arming terror groups, shows a lack of holistic approach.
Conclusion
- China’s rise in a transitioning multipolar international system has led to power competitions with established and rising powers, and its involvement in non-traditional security threats shows a lack of holistic approach. It’s Global Security Initiative, which is a vision of a future security order, is vastly different from China’s recent track record of external engagement.
Mains Question
Q. What is China’s Global Security Initiative (GSI)? It is said that China’s GSI is vastly different from China’s recent track record of external engagement. Discuss
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Electoral Bond Scheme
Mains level: Transparency in election funding
The Supreme Court will examine whether petitions challenging the validity of the electoral bonds scheme need to be referred to a Constitution Bench.
What is a Constitution Bench?
- The constitution bench is the name given to the benches of the Supreme Court of India.
- The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.
Constitution benches are set up when the following circumstances exist:
- Interpretation of the Constitution: Article 145(3) provides for the constitution of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
- President of India seeking SC’s opinion: When the President has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for Advisory jurisdiction to the SC. As per the provision, the President has the power to address questions to the apex Court, which he deems important for public welfare.
- Conflicting Judgments: When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.
- The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.
- Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as:
- K. Gopalan v. State of Madras (Preventive detention)
- Kesavananda Bharati v. State of Kerala (Basic structure doctrine) and
- Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.
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What are Electoral Bonds?
- Electoral bonds are banking instruments that can be purchased by any citizen or company to make donations to political parties, without the donor’s identity being disclosed.
- It is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of State Bank of India.
- The citizen or corporate can then donate the same to any eligible political party of his/her choice.
- An individual or party will be allowed to purchase these bonds digitally or through cheque.
About the scheme
- A citizen of India or a body incorporated in India will be eligible to purchase the bond
- Such bonds can be purchased for any value in multiples of ₹1,000, ₹10,000, ₹10 lakh, and ₹1 crore from any of the specified branches of the State Bank of India
- The purchaser will be allowed to buy electoral bonds only on due fulfillment of all the extant KYC norms and by making payment from a bank account
- The bonds will have a life of 15 days (15 days time has been prescribed for the bonds to ensure that they do not become a parallel currency).
- Donors who contribute less than ₹20,000 to political parties through purchase of electoral bonds need not provide their identity details, such as Permanent Account Number (PAN).
Objective of the scheme
- Transparency in political funding: To ensure that the funds being collected by the political parties is accounted money or clean money.
Who can redeem such bonds?
- The Electoral Bonds shall be encashed by an eligible Political Party only through a Bank account with the Authorized Bank.
- Only the Political Parties registered under Section 29A of the Representation of the People Act, 1951 (43 of 1951) and which secured not less than one per cent of the votes polled in the last General Election to the Lok Sabha or the State Legislative Assembly, shall be eligible to receive the Electoral Bonds.
Restrictions that are done away
- Earlier, no foreign company could donate to any political party under the Companies Act
- A firm could donate a maximum of 7.5 per cent of its average three year net profit as political donations according to Section 182 of the Companies Act.
- As per the same section of the Act, companies had to disclose details of their political donations in their annual statement of accounts.
- The government moved an amendment in the Finance Bill to ensure that this proviso would not be applicable to companies in case of electoral bonds.
- Thus, Indian, foreign and even shell companies can now donate to political parties without having to inform anyone of the contribution.
Issues with the Scheme
- Opaque funding: While the identity of the donor is captured, it is not revealed to the party or public. So transparency is not enhanced for the voter.
- No IT break: Also income tax breaks may not be available for donations through electoral bonds. This pushes the donor to choose between remaining anonymous and saving on taxes.
- No anonymity for donors: The privacy of the donor is compromised as the bank will know their identity.
- Differential benefits: These bonds will help any party that is in power because the government can know who donated what money and to whom.
- Unlimited donations: The electoral bonds scheme and amendments in the Finance Act of 2017 allows for “unlimited donations from individuals and foreign companies to political parties without any record of the sources of funding”.
Way ahead
- The worries over the electoral bond scheme, however, go beyond its patent unconstitutionality.
- The concern about the possibility of misuse of funds is very pertinent.
- The EC has been demanding that a law be passed to make political parties liable to get their accounts audited by an auditor from a panel suggested by the CAG or EC. This should get prominence.
- Another feasible option is to establish a National Election Fund to which all donations could be directed.
- This would take care of the imaginary fear of political reprisal of the donors.
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From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Waste to energy conversion
The Kerala government has announced its first waste-to-energy project in Kozhikode, which is expected to be built in two years and generate about 6 MW of power.
What are Waste-to-Energy Plants?
- Waste-to-energy plants are facilities that use non-recyclable dry waste to generate electricity.
- The process involves combusting the non-recyclable dry waste, which generates heat that is then converted into electricity.
- These plants are used to increase a state’s power generation capacity while also easing the burden of solid waste management.
Feasibility of such plants
- Waste-to-energy plants consume a portion of the non-recyclable dry waste generated in urban local bodies (ULBs) nearby.
- These plants can be a good way to deal with the mountains of waste that Indian cities produce but require the unwavering support of the municipality, its residents, and the State to succeed.
Operational status in India
- In India, solid waste is generally composed of 55-60% biodegradable organic waste, 25-30% non-biodegradable dry waste, and around 15% silt, stones, and drain waste.
- However, despite there being around 100 waste-to-energy projects around the country, only a handful of them are operational, thanks to various production and operation challenges.
Why do such projects often fail?
- Waste-to-energy projects often fail because of improper assessments, high expectations, improper characterisation studies, and other on-ground conditions.
- They faces several challenges, such as-
- Low calorific value of solid waste in India due to improper segregation
- High costs of energy production, and
- Variable quantity of waste generated by cities due to multiple factors.
Various challenges
- Improper segregation: The calorific value of mixed Indian waste is about 1,500 kcal/kg, which is not suitable for power generation. Waste-to-energy plants require segregated and dried non-recyclable dry waste, which has a calorific value of 2,800-3,000 kcal/kg. However, segregation of waste is often not done properly, which can lead to low-quality feedstock and reduced power generation.
- High costs: The cost of generating power from waste is around Rs 7-8/unit, while the cost at which the States’ electricity boards buy power from coal, hydroelectric, and solar power plants is around Rs 3-4/unit. This high cost of energy production can make waste-to-energy projects less attractive compared to other sources of energy.
- Low efficiency: Such projects have low efficiency due to the low calorific value of mixed waste, which reduces the amount of energy that can be generated. This can make it difficult to generate sufficient power to make the project financially viable.
- Operational challenges: Such projects are often subject to operational challenges, such as improper assessments, high expectations, improper characterisation studies, and other on-ground conditions. The quantity of waste generated by cities varies due to multiple factors, including season, rainfall, and the floating population, which can make it difficult to get a consistent supply of feedstock.
- Environmental concerns: Such plants can generate emissions, such as nitrogen oxides, sulfur dioxide, and particulate matter, which can be harmful to the environment and human health. Therefore, it is important to ensure that these plants operate with proper environmental controls in place.
Way forward
- Proper segregation: To overcome these challenges, the municipality must ensure that only non-biodegradable dry waste is sent to the plant and separately manage the other kinds of waste.
- Public awareness: The full support of the municipality, the State, and the people is crucial for the success of the project.
- Extensive field studies: It is also necessary to conduct field studies and learn from the experience of other projects.
- All-stakeholders collaboration: There should be a tripartite agreement between the municipality, the plant operator, and the power distribution agency to optimise cost per unit of power.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Death Penalty Debate
The Supreme Court has asked the Centre to provide data which may point to a more dignified, less painful and socially acceptable method of executing prisoners other than death by hanging.
Central idea
- The Supreme Court is hearing a petition challenging the constitutionality of death by hanging as a mode of execution.
- The petition argued that there is a need to evolve a “humane, quick and decent alternative” to hanging, which he termed as “cruel and barbarous” compared to lethal injection used in the United States.
Quest for painless execution
- Justice Narasimha noted that there was literature suggesting that “hanging is closest to painless”.
- In 2018, the Centre filed an affidavit supporting death by hanging and stated that it had found the method of firing squads and lethal injections as “barbaric, inhuman and cruel”.
- The government traced statistics of “botched-up” administration of lethal injections to condemned prisoners in the United States for 110 years to prove its point.
Status of death penalty in India
- Section 354 (5) of the Code of Criminal Procedure mandates that a person sentenced to death shall “be hanged by the neck till he is dead”.
- In India, The Air Force Act, 1950, The Army Act 1950, and The Navy Act 1957 say that execution has to be carried out either by hanging by the neck until death or by being shot to death.
Why in news now?
- The court clarified that it was not questioning the constitutionality of the death penalty, which was well-settled in Deena versus Union of India judgment and the Bachan Singh case reported in 1980.
- The government argued that the mode of execution is a “matter of legislative policy” and the death penalty is awarded only in the rarest of rare cases, with only three executions between 2012 and 2015.
Debate over Death Penalty
Arguments in favor:
- Forfeiture of life: Supporters of the death penalty believe that those who commit murder, because they have taken the life of another, have forfeited their own right to life.
- Moral indignation of the victim: It is a just form of retribution, expressing and reinforcing the moral indignation not only of the victim’s relatives but of law-abiding citizens in general.
- Highest form of Justice: For heinous crimes such as the Nirbhaya Gangrape Case, no other punishment could have deterred the will of the convicts.
- Deterrent against crime: Capital punishment is often justified with the argument that by executing convicted murderers, we will deter would-be murderers from killing people.
- Proportional punishment: The guilty people deserve to be punished in proportion to the severity of their crime.
- Prevailing lawlessness: The crimes we are now witnessing cannot be addressed by simple punishments. We are seeing horrific attacks on women, young girls, minority communities and Dalits etc.
- Prevention of crime is non-existent: Despite of stringent regulations, it is certainly visible that some crimes can never be prevented in our society.
Arguments against:
- Eye for an eye: Reformative justice is more productive, that innocent people are often killed in the search for retribution, and that “an eye for an eye makes the whole world blind.
- Deterrence is a myth: Death penalty is not a deterrent to capital crimes state that there is no evidence to support the claim that the penalty is a deterrent.
- Political tool of suppression: The authorities in some countries, for example Iran and Sudan, use the death penalty to punish political opponents.
- Reverence for life’ principle: Death penalty is an immoral punishment since humans should not kill other humans, no matter the reasons, because killing is killing.
- Stigma against killing: With the introduction of lethal injection as execution method, medical professionals participate in executions. Many professionals have now refused to administer such deaths.
- Skewed justice systems: In many cases recorded by Amnesty International, people were executed after being convicted in grossly unfair trials, on the basis of torture-tainted evidence and with inadequate legal representation.
- Discriminatory nature: The weight of the death penalty is disproportionally carried by those with less advantaged socio-economic backgrounds or belonging to a racial, ethnic or religious minority.
- Penalizing the innocents: The risk of executing the innocent precludes the use of the death penalty. Our colonial history has witnessed many such executions.
Other issues with such executions
(a) Socio-Economic Factors
- The recent statistics shows that the death row prisoners in India are more from the backward classes of the society.
- The death row prisoners belong to backward classes and religious minorities and the majority of convicts’ families are living in adjunct poverty.
- These people who are backward both in economic and social respects, are not in a position to here expensive lawyers and get proper representation in the Court.
(b) Delayed Execution
- The law provides for a long process before the execution of the convicts actually takes place.
- The unexplained delay in execution can be a ground for commutation of death penalty, and an inmate, his or her kin, or even a public-spirited citizen could file a writ petition seeking such commutation.
- Their trials are often cruelly forced to endure long periods of uncertainty about their fate.
Way forward: Law Commission recommendations on death penalty
The Law Commission of India in its 262nd Report (August 2015) recommended that:
- Death penalty be abolished for all crimes other than terrorism-related offences and waging war.
- Measures such as police reforms, witness protection scheme and victim compensation scheme should be taken up expeditiously by the government.
- It felt that time has come for India to move towards abolition of the death penalty. However the concern is often raised that abolition of death penalty for terrorism-related offences and waging war, will affect national security.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: IPCC
Mains level: Not Much
The IPCC Synthesis Report warns that the world is on track to breach the 1.5-degree Celsius global warming limit by the 2030s, which would cause irrevocable damage to the planet’s ecosystem and severely impact humans and other living beings.
What is IPCC Synthesis Report?
- The IPCC Synthesis Report is a summary report produced by the Intergovernmental Panel on Climate Change (IPCC) that presents key findings and policy recommendations from the group’s previous assessment reports.
- It aims to provide policymakers with a concise overview of the current state of knowledge on climate change, its impacts, and options for mitigation and adaptation.
- The Synthesis Report is released at the end of each assessment cycle, which typically takes six to seven years, and is approved by representatives from the IPCC’s member governments.
Intergovernmental Panel on Climate Change (IPCC)
- The IPCC, an intergovernmental body was established in 1988 by the World Meteorological Organization (WMO) and the United Nations Environment Programme (UNEP).
- It was later endorsed by the UN General Assembly. Membership is open to all members of the WMO and UN.
- The IPCC produces reports that contribute to the work of the UN Framework Convention on Climate Change (UNFCCC), the main international treaty on climate change.
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Key highlights of the synthesis report
- Climate extremes on rise: Due to the current global warming levels, almost every region across the planet is already experiencing climate extremes, an uptick in deaths due to heatwaves, reduced food and water security, and damage to ecosystems, causing mass extinction of species on land and in the ocean.
- High vulnerability: More than three billion people live in areas that are “highly vulnerable” to climate change.
- Boost up climate finance: The largest gaps in climate finance are in the developing world, but so too are the largest opportunities.
Key concerns raised
The report highlights the urgent need for-
- Limiting the use of fossil fuels
- Increasing finance to climate investments
- Expanding the clean energy infrastructure,
- Reducing nitrogen pollution from agriculture, curtail food waste, and
- Adopting measures to make it easier for people to lead low-carbon lifestyles
Conclusion
- The report adds that there is still a chance to avert this mass-scale destruction, but it would require an enormous global effort to slash greenhouse gas emissions in half by 2030 and completely phase them out by 2050.
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From UPSC perspective, the following things are important :
Prelims level: Interpol, Red Notices
Mains level: UAPA issues
In a major setback to Indian agencies, Interpol has taken down from its website the Red Notice against a fugitive who is wanted in connection with the ₹13,578-crore Punjab National Bank fraud cases.
What is the news?
- The person whom the Union Ministry of Home Affairs has listed as a “terrorist” under the Unlawful Activities (Prevention) Act (UAPA).
Why has Interpol rejected India’s request?
- The Interpol has said that India has failed to provide sufficient information to support its case.
- It criticized the UAPA for being misused to target minority groups and human rights activists without “respecting” their right to due process and a fair trial.
- While acknowledging the separatists leader, the Interpol has said that his activities have a “clear political dimension”, which cannot be the subject of a Red Corner Notice.
What is the Interpol?
- The Interpol, or International Criminal Police Organization, is an inter-governmental organization comprising 195 member countries, which helps police forces in all these countries to better coordinate their actions.
- It enables member countries to share and access data on crimes and criminals and offers a range of technical and operational support.
- It is run by a secretary general with its headquarters in Lyon, France, with a global complex for innovation in Singapore, and several satellite offices in different regions.
- India accepted Interpol membership in June 1956.
How does it function in member countries?
- Interpol has a National Central Bureau (NCB) in each member country, which is the central point of contact for both the general secretariat and the other NCBs around the world.
- Each NCB is run by police officials of that country, and usually sits in the government ministry responsible for policing. (MHA in case of India.)
- Interpol manages 19 police databases with information on crimes and criminals (from names and fingerprints to stolen passports), accessible in real-time to countries.
- It also offers investigative support such as forensics, analysis, and assistance in locating fugitives around the world.
What is a Red Notice?
- Criminals or suspects often flee to other countries to evade facing justice.
- A Red Corner Notice, or Red Notice (RN) alerts police forces across the world about fugitives who are wanted internationally.
- Red Notices are issued for fugitives wanted either for prosecution or to serve a sentence.
- A Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action.
- An RN is published by Interpol at the request of a member country.
Indian fugitives on this RN
- Among the most popular Indians on this list are jeweller Mehul Choksi and diamantaire Nirav Modi.
Is an RN a warrant of arrest?
- An RN is only an international wanted persons’ notice; it is not an international arrest warrant.
- Interpol itself does not want individuals; they are wanted by a country or an international tribunal.
- This means the Interpol cannot compel law enforcement authorities in any country to arrest the subject of an RN.
- It is up to individual member countries to decide what legal value to give to an RN, and the authority of their national law enforcement officers to make arrests.
- Interpol says that an RN must comply with its constitution and rules.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: National Security Act
Mains level: NSA and its provisions
Punjab Advocate General has confirmed the invocation of National Security Act (NSA) to Amritpal Singh’s case.
National Security Act, 1980
- The NSA was passed by the Parliament in 1980 and has been amended several times since then.
- It empowers the state to detain a person without a formal charge and without trial.
- It is invoked when a person is taken into custody to prevent them from acting in any manner prejudicial to “the security of the state” or for “maintenance of the public order”.
- It is an administrative order passed either by the Divisional Commissioner or the District Magistrate.
Grounds for detention under NSA
- NSA can be invoked to prevent a person from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India.
- Among others, it can also be applied to prevent a person from acting in any manner prejudicial to the maintenance of supply and services essential to the community.
- An individual can be detained without a charge for a maximum period of 12 months.
- The detained person can be held for 10 to 12 days in special circumstances without being told the charges against them.
Protection available under the Act
- One crucial procedural safeguard under the NSA is granted under Article 22(5).
- All the detained persons have the right to make an effective representation before an independent advisory board.
- The board is chaired by a member who is, or has been, a judge of a high court.
- The DM who passes the detention order is protected under the Act and no prosecution or any legal proceeding can be initiated against the official who carries out the orders.
Cases for misuse
- The Supreme Court in earlier cases had held that to prevent “misuse of this potentially dangerous power, the law of preventive detention has to be strictly construed”.
- “Meticulous compliance with the procedural safeguards” has to be ensured.
Criticism of NSA
- Human rights groups have said in the past that the Act vitiates Article 22 of the Constitution and various provisions under the CrPC that safeguard the interest of an arrested person.
- Under the CrPC, the arrested person has to be produced before the nearest Magistrate within 24 hours, but the NSA carves out an exception.
- Some human rights groups argue that it is often misused by authorities to silence political opponents or those who are critical of the government.
- There have been calls for the Act to be repealed or amended to prevent its abuse.
- However, there is an opposing view that the Act cannot be construed to be a draconian law as it protects the larger interest of the state and is therefore likely to stay.
Try this MCQ:
Which of the following is a true statement about the National Security Act, 1980?
A) The Act allows preventive detention only for specific violations of the law.
B) The detained person has the right to move a bail application before a criminal court.
C) A person can be detained under the Act only if he/she has been charged with a crime.
D) The Act can be invoked to prevent a person from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India.
Post your answers here.
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