May 2024
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Nepal’s Constitution & Emerging Developments

Explained: History of India and Nepal’s border issue

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Bilateral Relations; Neighbouring countries; India and Nepal;

Mains level: Neighbouring countries; India and Nepal; Border issues with Nepal;

Why in the News? 

Nepal’s Cabinet last week decided to put a map on its Rs 100 currency note showing certain areas administered by India in Uttarakhand as part of its territory.

  • India’s External Affairs Ministry said that such “unilateral measures” by Kathmandu would not change the reality on the ground.

Genesis of the issue: 

Territorial dispute: The territorial dispute is about a 372-sq-km area that includes Limpiadhura, Lipulekh, and Kalapani at the India-Nepal-China trijunction in Uttarakhand’s Pithoragarh district. Nepal has claimed for long that these areas belong to it both historically and evidently.
  • Treaty of Sugauli (1815-16): This treaty marked the end of the Anglo-Nepalese War and resulted in Nepal ceding significant territories to the British East India Company, including lands east of the Kali River. Article 5 of the treaty delineated the boundary along the river, thereby affecting Nepal’s jurisdiction over the area.
  • Historical division: Maps issued by the British Surveyor General of India in the 19th and early 20th centuries depicted the Kali River as originating from Limpiadhura. These maps served as crucial references for defining territorial boundaries between Nepal and British India.
  • Depiction of Kali River: Maps from different periods showed variations in the depiction of the Kali River, with some using the name “Kuti Yangti” and others referring to it as the Kali River. Additionally, discrepancies emerged regarding the river’s exact origin point, with some maps showing different sources.
  • Map issued by Britisher (1947): The last map issued by the British before they left India in 1947 reverted to showing the initial position of the Kali River originating in Limpiadhura, indicating a reaffirmation of the historical boundary according to British cartographic records.

Argument given by Nepal to claim land:

  • According to Shrestha, villages in this area — Gunji, Nabhi, Kuti, and Kalapani, also known as Tulsi Nyurang and Nabhidang — were covered by the Nepal government census until 1962, and the people paid land revenue to the government in Kathmandu.
    • However, the situation changed after the war between India and China in 1962.
  • Nepal also says that then Indian PM Jawaharlal Nehru approached King Mahendra of Nepal asking for permission to use Kalapani, which was strategically located close to the trijunction, as a base for the Indian Army.
  • Prominent personalities representing Nepal in bilateral talks have claimed that India has made assurances regarding the resolution of border disputes if Nepal could provide evidence for its claims.
  • Despite assurances and agreements to expedite the resolution process, progress has been slow or stalled.

Frictions in Bilateral Ties:

  • From 2005-2014: The period from 2005 to 2014 saw India mediating Nepal’s transition from a Hindu Kingdom to a secular federal republic.
    • However, tensions arose in 2015 when Nepal’s Maoist Party rejected India’s suggestion to delay the adoption of a new constitution until the concerns of the Terai parties were addressed.
    • The subsequent 134-day blockade by India in September 2015 exacerbated distrust and led Nepal to seek alternative trade routes, including agreements with China.
  • During 2020: Nepal’s inclusion of disputed territories, such as the 372 square kilometres in Uttarakhand, in its new map in 2020 escalated tensions with India. While Nepal aimed to assert sovereignty over these areas, India condemned the move as “cartographic aggression.”
    • Despite India’s stance that the issue should be resolved diplomatically based on evidence, no concrete steps have been taken to address the dispute.
  • During 2024: The decision by Nepal’s cabinet to include the new map on its currency notes in 2024 has reignited tensions between the two countries.
India-Nepal Border Dispute

Way Forward:

  • Need for Dialogue: While both India and Nepal agree on the need to resolve territorial disputes through dialogue and evidence-based discussions, there has been no concrete progress in scheduling meetings or setting a timeframe for resolution.
  • Need for Dispute settlement: Nepal has successfully resolved boundary issues with China in the past through bilateral meetings of the boundary commission. However, the unresolved disputes with India highlight the importance of timely and effective diplomatic engagement to prevent future complications and ensure peaceful coexistence between the two neighbours.
  • Joint Border Commission: Establishing a joint border commission comprising representatives from both countries can facilitate a systematic review of historical documents, maps, and evidence related to territorial claims.

Mains PYQ: 

Q Border management is a complex task due to difficult terrain and hostile relations with some countries. Elucidate the challenges and strategies for effective border management.

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Forest Conservation Efforts – NFP, Western Ghats, etc.

19th Session of the United Nations Forum on Forests (UNFF19) in New York

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Climatization of Forests;

Mains level: Climate change; International Institution on Biodiversity and Conservation;

Why in the news? 

Recently, during the 19th Session (10th May 2024) of the United Nations Forum on Forests (UNFF19) in New York, a significant report titled “International Forest Governance” was published.

About International Forest Governance: 

  • The report “Critical Review of Trends, Drawbacks, and New Approaches” authored by the Science-Policy Programme (SciPol) of the International Union of Forest Research Organizations (IUFRO) was released.
  • It marked the first global synthesis on international forest governance in 14 years.

The report exposes the rising trend of ‘Climatization’ of forests:

About Climatization of forests: 

  • Shift in Emphasis: The trend involves a notable shift in focus towards valuing forests primarily as carbon sinks, rather than recognizing their essential ecological and social functions.
  • Carbon Sequestration Priority: Political and financial orientations have increasingly prioritized carbon sequestration in forests as a means to address climate change issues. This emphasis often leads to the overshadowing of other aspects of forest management.
  • Neglect of Long-Term Sustainability: The emphasis on carbon sequestration may result in neglecting the long-term sustainability of forests. Forest management strategies that prioritize carbon storage may not necessarily align with broader ecological and social sustainability goals.

Risks and their impacts:

  • Ongoing Crises: Despite efforts to reduce deforestation, significant challenges persist, including climate change, biodiversity loss, and socio-economic inequalities. These crises pose substantial threats to global sustainability and well-being.
  • Commodification Risks: The commodification of forests for carbon capture introduces risks that may exacerbate existing inequalities and hinder effective forest management practices.

Market-based Versus Non-market Approaches:

  • Market-Based Solutions: There has been significant traction in market-based solutions such as forest carbon trading and zero-deforestation supply chains. These approaches aim to incentivize sustainable forest management practices through economic mechanisms.
  • Exacerbation of Inequities: Despite their popularity, market-based solutions may exacerbate existing inequities within forest governance systems. Certain stakeholders or regions may benefit disproportionately, while others may be marginalized or disadvantaged.
  • Non-market mechanisms: As an alternative, non-market mechanisms, including state regulation and community-led initiatives, are suggested to offer more just and effective pathways for forest governance.

Policy recommendations as per the Report:

  • Holistic Valuation of Forests: Policymakers should reevaluate forests beyond their role as carbon sinks, recognizing their multifaceted ecological, social, and economic values.
  • Equitable Governance: Policymakers should prioritize inclusive decision-making processes that ensure the voices of marginalized groups, such as indigenous and local communities, are heard and respected.
  • Protection of Rights and Livelihoods: Policies should prioritize the protection of the rights and livelihoods of resource-dependent communities.

Way Forward: 

  • Integrated Forest Management: Governments and international organizations should adopt integrated approaches to forest management that recognize and balance the ecological, social, and economic values of forests.
  • Strengthening Governance Structures: Policymakers should work to strengthen governance structures at local, national, and international levels to ensure more equitable decision-making processes.

Mains PYQ:

Q Examine the status of forest resources of India and its resultant impact on climate change. (UPSC 2020)

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The Crisis In The Middle East

India backs Palestine’s bid for full UN membership

Note4Students

From UPSC perspective, the following things are important :

Prelims level: UN and its membership; Rights and privileges enjoyed by UN Member

Mains level: NA

Why in the news?

India has voted in favour of a UN General Assembly resolution recommending Palestine’s admission as a full member of the United Nations.

Arab push for Palestine’s Membership

  • The emergency special session was convened by the Arab Group, with the UAE presenting the resolution in support of Palestine’s full membership.
  • The resolution calls for the Security Council to “reconsider” Palestine’s membership favourably, based on its determination that Palestine is qualified for UN membership.
  • The resolution received overwhelming support, with 143 votes in favour, including India’s, nine against, and 25 abstentions.
  • As an observer state, Palestine currently lacks voting rights in the General Assembly and cannot nominate candidates to UN organs.

India’s Stance on Palestine:

  • In 1988, India recognized the State of Palestine.
  • In 1996, India opened its Representative Office to the Palestine Authority in Gaza, later relocating it to Ramallah in 2003.

About United Nations

Details
Background  Resulted from the devastation of World War I and II

Highlighted the need for a more effective international body to maintain peace and prevent future conflicts.

Predecessor The League of Nations, created in 1919 after World War I, aimed at peacekeeping but failed during World War II.
The Atlantic Charter Issued in August 1941 by President Franklin D. Roosevelt (USA) and Prime Minister Winston Churchill (UK), this document outlined principles for a post-war world and set the stage for the UN’s creation.
Naming The term “United Nations” was coined by President Roosevelt in 1941 to describe the allied nations opposed to the Axis powers.
Declaration by United Nations On January 1, 1942, representatives from 26 Allied nations, including India under British colonial rule, signed this declaration in Washington DC, formalizing their alliance and war objectives.
Official Formation UN was officially established on October 24, 1945, when its Charter was ratified by 51 member countries

It included 5 permanent Security Council members: France, Republic of China, Soviet Union, UK, and US.

First General Assembly The inaugural meeting of the UN General Assembly took place on January 10, 1946.
Core Goals
  1. To maintain international peace and security.
  2. To foster friendly relations among nations.
  3. To cooperate in solving international problems and in promoting respect for human rights.
  4. To be a centre for harmonizing the actions of nations in attaining these common ends.
India’s Role India was a founding member of the United Nations, having signed the initial Declaration alongside 25 other Allied nations during World War II.

 

Rights and Privileges:

  • The rights and privileges of member states in the United Nations are designed to ensure that all members can effectively participate in the organization’s activities and benefit from its resources.

PYQ:

[2022] With reference to the “United Nations Credentials Committee”, consider the following statements:

  1. It is a committee set up by the UN Security Council and works under its supervision.
  2. It traditionally meets in March, June and September every year
  3. It assesses the credentials of all UN members before submitting a report to the General Assembly for approval.

Which of the statements given above is/are correct?

(a) 3 only
(b) 1 and 3
(c) 2 and 3
(d) 1 and 2

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Police Reforms – SC directives, NPC, other committees reports

What is Interim Bail?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Bail and its legal provisions

Why in the news?

The Supreme Court has granted interim bail to Delhi Chief Minister Arvind Kejriwal in the liquor policy case till to campaign for the Lok Sabha elections.

What is Interim Bail?

  • Interim bail in India is a temporary release granted to an accused person from custody under Section 439 Cr.
  • It can be granted to address urgent matters such as medical emergencies, family crises, or other significant personal issues.

Legal Provisions for Interim Bail

Interim bail in India is NOT explicitly defined under a specific statute but is derived from the discretionary powers granted to courts under various legal provisions.

The most relevant laws and principles include:

  1. Code of Criminal Procedure, 1973 (CrPC): While the CrPC does not explicitly mention “interim bail,” it provides the framework for granting bail in general. Sections like 437 (bail in non-bailable cases by Magistrate), 438 (anticipatory bail), and 439 (special powers of High Court or Court of Session regarding bail) are used by courts to grant bail, including interim bail, based on judicial discretion.
  2. Constitutional Provisions: The Constitution of India under Article 21, which guarantees the right to life and personal liberty, is often interpreted to include the right to bail as part of the fair and just legal process.

 

Back2Basics: What is Bail?

  • Bail is the conditional release of a defendant with the promise to appear in court when required.
  • The term also means the security that is deposited in order to secure the release of the accused.
  • In India’s legal world, the term offense has been categorized as bailable offenses and non-bailable under the Code of Criminal Procedure.

Why need Bail?

  • Bail is a fundamental aspect of any criminal justice system.
  • A person can defend himself/herself better when he/she is free, thus ensuring free trial.
  • The practice of bail grew out of the need to safeguard the fundamental right to liberty.
  • Liberty is the right of one whose guilt has not yet been proven.

Types of Bail in India

  • Depending upon the sage of the criminal matter, there are commonly three types of bail in India:
  1. Regular Bail: Granted to a person who has already been arrested and is in custody. This type of bail is provided under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (CrPC). It allows the accused to be released from custody while the trial is ongoing.
  2. Anticipatory Bail: Under Section 438 of the CrPC, anticipatory bail is a pre-arrest legal process. It is granted when a person apprehends arrest on an accusation of having committed a non-bailable offence. This type of bail ensures that the accused will be released on bail in the event they are arrested.
  3. Interim Bail: This is temporary bail granted for a short period. Interim bail is often granted to allow the accused some relief until a final decision on their regular or anticipatory bail plea is made.

Conditions for Grant of Bail in Bailable Offences

  • Section 436 of the Code of Criminal Procedure, 1973, lays down that a person accused of a bailable offense under IPC can be granted bail if:
  1. There are sufficient reasons to believe that the accused has not committed the offence.
  2. There is sufficient reason to conduct a further inquiry in the matter.
  3. The person is not accused of any offence punishable with death, life imprisonment or imprisonment up to 10 years.

Conditions for Grant of Bail in Non-Bailable Offences

  • Section 437 of Code of Criminal Procedure, 1973 lays down that the accused does not have the right to apply for bail in non-bailable offences.
  • It is discretion of the court to grant bail in case of non-bailable offences if:
  1. The accused is a woman or a child, bail can be granted in a non-bailable offence.
  2. There is a lack of evidence then bail in non-Bailable offenses can be granted.
  3. There is a delay in lodging FIR by the complainant, bail may be granted.
  4. The accused is gravely sick.

 

PYQ:

[2021] With reference to India, consider the following statements :​

1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.​

2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.​

Which of the statements given above is/are correct?​

  1. 1 only ​
  2. 2 only​
  3. Both 1 and 2 ​
  4. Neither 1 nor 2​

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New Species of Plants and Animals Discovered

Kerala bans Oleander Flowers in Temple Offerings

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Oleander Flowers

Why in the news?

Kerala temple authorities have banned the use of oleander flowers in offerings following the accidental poisoning of a woman who chewed oleander leaves.

What is Oleander?

  • Nerium oleander, commonly known as oleander or rosebay, is a plant cultivated worldwide in tropical, subtropical, and temperate regions. 
  • Known for its drought tolerance, the shrub is often used for ornamental and landscaping purposes.
  • In Kerala, it’s called arali or kanaveeram and is used for natural fencing along highways and beaches.
  • According to the IUCN Red List, Nerium oleander (Oleander) is classified as Least Concern

Traditional Medicinal Uses:

  • Termed as “desert rose” in ancient texts, oleander has been trusted with its medicinal properties such as a hangover cure, in cancer treatments, and as an antiviral.
  • The Ayurvedic Pharmacopoeia of India mentions oleander, particularly the use of oil from the root bark to treat skin diseases.
  • oleander’s use in treating skin diseases, leprosy, wounds, itching, and parasites.

Toxicity of Oleander:

  • Oleander is highly toxic due to cardiac glycosides present in all parts of the plant.
  • Cardiac glycosides like oleandrin and digitoxigenin exert pharmacological effects on the heart, leading to nausea, vomiting, irregular heartbeat, and, in severe cases, death..

PYQ:

[2018] Why is a plant called Prosopis Juliflora often mentioned in the news?

(a) Its extract is widely used in cosmetics

(b) It tends to reduce the biodiversity in the area in which it grow

(c) Its extract is used in the synthesis of pesticides

(d) None of the above

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