October 2024
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Judicial Pendency

Tackle the issue of adjournments, case pendency

Note4Students

From UPSC perspective, the following things are important :

Mains level: Issues related to case pendency;

Why in the News?

President Droupadi Murmu has called for an end to court delays. In the District Judiciary Conference, she said that frequent postponements make it hard for poor and rural people to seek justice, as they worry cases will take too long to resolve.

Primary Causes of Case Pendency and Frequent Adjournments in Indian Courts:

  • Judge-Population Ratio: India has a low judge-to-population ratio, with only 21 judges per million people as of 2024, far below the Law Commission’s recommended 50 per million.
  • Vacant Judicial Positions: Delays in filling judicial vacancies lead to understaffed courts, with 30% vacancies in High Courts, adding pressure on the existing judges.
  • Additional Judicial Charges: Judges often handle multiple courts or specialized responsibilities, detracting from their ability to focus on primary cases and adding to delays.
  • Complex Case Load: Courts are burdened by multiple types of cases, including civil, criminal, constitutional, and appeals, many of which end up in higher courts, leading to severe backlogs.
  • Lack of Judicial-Impact Assessment: New laws increase the caseload, but without assessing the impact on court infrastructure, staffing, and resources, exacerbating delays.
  • Delay in Witness Availability: Witnesses are often not available on time, which postpones court hearings and impacts trial timelines.

How can technology be leveraged to reduce case pendency?

  • Digitization of Case Records: Electronic records reduce administrative delays in case filing, retrieval, and transfer between courts.
  • AI-Powered Case Management Systems: AI can assist in case prioritization, track progress, and predict possible delays, enabling judges and clerks to streamline schedules more effectively.
  • E-Courts and Video Conferencing: Virtual hearings can expedite proceedings, especially for remote cases or minor disputes, saving travel and scheduling time.
  • Automation of Routine Processes: Automating administrative tasks like case status updates, notifications, and scheduling can reduce clerical delays and improve transparency for litigants.
  • Data Analytics for Judicial Insights: Predictive analytics can help in understanding case patterns, enabling policymakers to make data-driven decisions on judicial staffing and resources.

What reforms are necessary to improve judicial efficiency and reduce backlog? (Way forward)

  • Filling Vacancies and Enhancing Judge Numbers: Quick action on filling judicial vacancies is critical, along with increasing sanctioned positions to meet the demands of the population and growing caseload.
  • Implementing Judicial-Impact Assessments: Adopting the recommendations of the Justice M. Jagannadha Rao Committee for pre-legislative impact assessment would ensure adequate resources accompany new laws.
  • Expanding Mediation and Alternative Dispute Resolution (ADR): Scaling up mediation centers and incentivizing ADR methods can resolve disputes outside court, decreasing the burden on the judiciary.
  • Dedicated Special Courts: Establishing well-staffed, specialized courts for specific categories (e.g., economic offenses, family disputes) would help reduce strain on regular courts.
  • No Additional Charge Policy for Judges: Assigning a single focus area per judge ensures concentration on cases without undue burdens, leading to higher efficiency and better judgment quality.
  • Periodic Judicial Training: Regular training on case management and technological tools can empower judges and court staff to adapt to evolving needs, reducing inefficiencies.

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Child Rights – POSCO, Child Labour Laws, NAPC, etc.

SC ruling on child marriage: why it’s important to go beyond just punishment

Note4Students

From UPSC perspective, the following things are important :

Mains level: Population Issues; Cultural issues in the Society; Child marriage;

Why in the News?

In the recent judgment of Society for Enlightenment and Voluntary Action v. Union of India, the SC has shifted the focus in child marriage cases from punishing criminal acts to addressing the “harm inflicted on the victim.”

What is the law on Child Marriage?

  • Prohibition of Child Marriage Act, 2006 (PCMA): Defines child marriage as one where the husband is under 21 years or the wife is under 18.
    • Such marriages are voidable: The underage person can choose to cancel the marriage, but until they do, it is still legally recognized.
  • State Variations: In Karnataka and Haryana, child marriages are void from the beginning, without the need for annulment.
  • Annulment vs. Divorce: Annulment treats the marriage as if it never took place, while divorce ends an existing marriage. To get an annulment under the PCMA, it only needs to be shown that one person was underage at the time.

Why are there concerns about using criminal action to tackle child marriage?

  • Although the marriage remains valid unless annulled, related activities are criminalized under PCMA, BNS, and POCSO, such as promoting or performing child marriages and sexual activity with a minor.
  • Criminal provisions can lead to charges against the girl’s family members (parents, husband, in-laws), leaving her without support and creating barriers to accessing sexual and reproductive healthcare.
  • Studies reveal criminal provisions are used more in self-initiated marriages than arranged ones, overlooking the complexities of these cases.
  • Some adolescents may choose marriage to escape abusive environments or forced marriage, often seeing it as a way to assert their agency in a restrictive society.

Why is the SC judgment significant?

  • Social and Economic Barriers: Women who leave child marriages often face significant social and economic penalties. The SC judgment proposes skill development, vocational training, economic stability programs, rehabilitation services, and victim compensation to support them.
  • Empowering Women in Child Marriages: Some women prefer to remain married but need support to advocate for themselves. The judgment calls for tools to help them make decisions about reproductive rights, employment, and education.
  • Sex Education for Adolescents: The judgment emphasizes sex education, equipping young people with skills and knowledge to navigate relationships and improve agency.
  • Holistic Approach: By moving away from solely criminal prosecution to focus on empowerment and support, the SC judgment provides a more comprehensive, agency-affirming response to child marriage.

Way forward: 

  • Strengthen Support Systems: Develop targeted programs for skill training, financial assistance, and rehabilitation to help individuals exit child marriages, promoting economic stability and social reintegration.
  • Enhance Education and Awareness: Implement comprehensive sex education and awareness initiatives in communities to empower young individuals and discourage child marriage through informed decision-making and better access to reproductive rights.

Mains PYQ:

Q “Empowering women is the key to controlling the population growth.” Discuss. (UPSC IAS/2019)

Q Customs and traditions suppress reason leading to obscurantism. Do you agree? (UPSC IAS/2020)

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Waste Management – SWM Rules, EWM Rules, etc

Misuse of EPR legislation worsening India’s plastic problem, shows CSE report

Note4Students

From UPSC perspective, the following things are important :

Mains level: Issues related to EPR;

Why in the News?

The Indian government’s 2022 “Extended Producer Responsibility” guidelines mark progress, but a recent report states that stronger measures are needed to fully enforce the “polluter pays” principle in plastic waste management, per a recent CSE report.

What is the CSE report? 

  • A CSE report is a publication by the Centre for Science and Environment (CSE), a prominent Delhi-based think tank focused on environmental research and advocacy.
  • CSE reports analyze pressing environmental issues, often providing data-driven insights and policy recommendations.

What is Extended Producer Responsibility (EPR)? 

  • Extended Producer Responsibility (EPR) is a policy approach where producers are given significant financial and sometimes operational responsibility for the treatment or disposal of post-consumer products.
  • The primary goal of EPR is to make manufacturers accountable for the entire lifecycle of their products, especially in terms of environmental impact, by ensuring that they take part in the collection, recycling, and disposal processes.

Extent of the misuse of EPR certificates in India’s plastic recycling industry

  • Fake Certificates: An assessment by the Centre for Science and Environment (CSE) and findings from the Central Pollution Control Board (CPCB) revealed the generation of over 700,000 fake recycling certificates, indicating widespread fraud among plastic recyclers.
  • Certificate Inflation: Some processors and recyclers reported volumes vastly exceeding their registered capacities.
    • For example, cement plants engaged in end-of-life co-processing claimed to process 335.4 million tonnes annually, despite an actual capacity of only 11.4 million tonnes.
  • Undermined Trust: Fraudulent activities result in artificially low certificate prices, undermining the credibility of the EPR system and making it difficult to accurately track plastic waste management.

How does this impact environmental compliance and plastic waste management?

  • Underreported Waste Generation: PIBOs introduced 23.9 million tonnes of plastic packaging in April 2022, translating to an annual waste generation of approximately 8 million tonnes. However, CPCB’s estimate of 4.1 million tonnes of plastic waste generation annually indicates significant underreporting.
  • Limited Stakeholder Participation: The absence of key contributors, such as urban local bodies and informal waste collectors from the EPR system, reduces traceability and leaves much of the waste management burden on local governments.
  • Compromised Recycling Integrity: Due to low-cost fraudulent certificates, genuine recycling efforts suffer from underfunding and inadequate regulation, jeopardizing sustainable plastic waste management efforts and hindering the implementation of the “polluter pays” principle.

What measures can be implemented to improve oversight and accountability within the EPR framework?

  • Inclusion of Informal Sector: Recognizing and formalizing the role of informal waste collectors and urban local bodies within the EPR framework could enhance waste collection, segregation, and recycling rates, creating a more transparent value chain.
  • Combatting Fraud: Strengthening the auditing and certification process to identify and remove fraudulent recyclers and processors, supported by stricter legal and financial penalties, would help deter misuse.
  • Transparent Reporting: Enhancing the EPR portal to ensure accurate data collection on plastic waste generation and disposal, and setting fair prices for recycling certificates to prevent undervaluation.
  • Standardizing Products: By mandating uniform standards for plastic packaging materials and designs, recyclability could be improved, reducing contamination and making recycling more effective.
  • Enhanced Monitoring and Accountability: Strengthening CPCB and State Pollution Control Boards’ (SPCBs) monitoring capacity and ensuring consistent enforcement of guidelines at both the state and central levels.

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Global Geological And Climatic Events

Mount Fuji

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Mount Fuji

Mount Fuji

Why in the News?

Japan’s iconic Mount Fuji has set a new record for the longest delay in snowfall since records began in 1894.

Why delay in snowfall at Mount Fuji? 

  • Higher Temperatures: Japan’s hottest summer on record and above-average October temperatures have delayed the cooling needed for snow.
  • Heatwave: Japan experienced numerous “extremely hot” days with temperatures exceeding 35°C, even into September.
  • Jet Stream Shift: A northerly shift in the sub-tropical jet stream brought warmer air over Japan, further hindering snow formation.

About Mount Fuji:

Details
Location Honshu Island, Japan, about 100 kilometers (62 miles) southwest of Tokyo.
Height 3,776 meters (12,389 feet), making it the tallest mountain in Japan.
Type of Volcano Stratovolcano, characterized by a conical shape formed from alternating layers of lava flow, ash, and tephra.
Eruptions Last major eruption occurred in 1707 (Hoei eruption), causing ash to fall on Edo (now Tokyo).
Geological Formation Formed through volcanic eruptions over thousands of years; current shape solidified around 300,000 years ago.
Climate Varied climate with decreasing temperatures at higher altitudes; snow caps the summit from November to May.
Surrounding Area Part of Fuji-Hakone-Izu National Park; surrounded by five lakes: Lake Kawaguchi, Lake Yamanaka, Lake Sai, Lake Shoji, and Lake Motosu.
Cultural Significance National symbol of Japan
• Sacred in Shintoism, associated with the deity Konohanasakuya-hime
• Known as one of Japan’s Three Holy Mountains
Art and Literature A popular subject in traditional Japanese art (e.g., Hokusai’s Thirty-Six Views of Mount Fuji), referenced in poetry and literature.
UNESCO World Heritage Site Designated as a UNESCO World Heritage Site in 2013 for its cultural significance and beauty.
Cultural Festivals Hosts various festivals, such as the Fuji Shiba-sakura Festival, celebrating local flora.

 

PYQ:

[2021] Mention the global occurrence of volcanic eruptions in 2021 and their impact on regional environment.

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Modern Indian History-Events and Personalities

Who were Velu Nachiyar and Anjalai Ammal?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Velu Nachiyar and Anjalai Ammal

Who were Velu Nachiyar and Anjalai Ammal?

Why in the News?

Superstar Thalapathy Vijay launched his new party with speech highlighting his inspirations from Rani Velu Nachiyar and Anjalai Ammal.

Contributions of Velu Nachiyar (1730-1796)

  • Born in 1730 to King Chellamuthu Sethupathy and Queen Sakandhimuthal of the Ramnad kingdom (now Tamil Nadu).
  • Trained in horse riding, archery, kalaripayattu, and silambam (South Indian martial arts).
  • Educated as a polyglot, fluent in Tamil, Urdu, English, and French, with a strong grasp of military strategy.
  • Married Muthu Vaduganatha Periyavudaya Thevar in 1746, supporting him as Queen of Sivagangai.
  • In 1772, Sivagangai was invaded by the British East India Company in alliance with the Nawab of Arcot; her husband was killed in battle.
  • Fled with her daughter Vellachi to Dindigul under the protection of Hyder Ali of Mysore.
  • Formed alliances with Hyder Ali and Gopala Naicker of the Marudu brothers to reclaim her kingdom.
  • Successfully fought against the British and reclaimed Sivagangai in 1780.
  • Ruled for a decade before passing the throne to her daughter in 1790.
  • Known as Tamil Nadu’s ‘Veeramangai’ (Brave Lady) and celebrated as an early Indian queen who resisted British colonialism.

Significant role played by Anjalai Ammal (1890-1961)

  • Born in 1890 in Cuddalore, Tamil Nadu, to a weaver family.
  • Married Murugappan in 1908, and both joined the freedom struggle inspired by Mahatma Gandhi’s principles.
  • Became active in the Non-Cooperation Movement in 1921, marking the beginning of her political involvement.
  • Played a significant role in:
    • Neil Statue Satyagraha, protesting a statue of Colonel James Neil.
    • Salt Satyagraha in 1930 and the Quit India Movement in 1942.
  • Served as President of the All India Women’s Congress in Madras in 1931.
  • Arrested multiple times for her activism; gave birth to her youngest son while serving a six-month prison term.
  • Prevented by the British from meeting Gandhi in 1934; met him in disguise, and he called her “South India’s Rani of Jhansi”.
  • First woman elected to the Madras legislature as a Congress representative.
  • Remained politically active until her death in 1961, remembered as a pioneer for women’s rights and freedom.

PYQ:

[2016] Discuss the role of women in the freedom struggle especially during the Gandhian phase.

[2015] Consider the following statements:

1. The first woman President of the Indian National Congress was Sarojini Naidu.

2. The first Muslim President of the Indian National Congress was Badruddin Tyabji.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

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Global Geological And Climatic Events

What is DANA?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: DANA

Why in the News?

The extreme conditions in eastern Spain which saw Valencia get a year’s worth of rain in just 8 hours can be blamed on an event locally known as Depresion Aislada en Niveles Altos (DANA).

What is DANA?

  • Depresion Aislada en Niveles Altos (DANA), is commonly referred to as the “cold drop” in English.
  • It is a meteorological phenomenon in the western Mediterranean region that brings intense rainfall and flooding.
  • The term “DANA” was coined by Spanish meteorologists to specifically describe this weather phenomenon.

Features and Location:

  • DANA occurs when cold air from the Polar Regions separates from the polar jet stream and descends over the warmer Mediterranean Sea.
  • The contrast between cold air aloft and warm, moist air near the surface causes atmospheric instability, leading to the rapid formation of cumulonimbus clouds and intense thunderstorms.
  • It primarily affects Spain and Portugal but can also impact Italy, France, and other areas around the Mediterranean Sea.
  • This occurs in autumn and spring, as temperature variations are more pronounced during these seasons.

PYQ:

[2014] The seasonal reversal of winds is the typical characteristic of:

(a) Equatorial climate

(b) Mediterranean climate

(c) Monsoon climate

(d) All of the above climates

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Nuclear Diplomacy and Disarmament

Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO)

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO), International Monitoring System (IMS)

Why in the News?

  • Two earthquakes struck Iran sparking rumours of a nuclear test.
    • However, the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO) in Vienna swiftly refuted these claims using its International Monitoring System (IMS) designed to detect nuclear tests.

About International Monitoring System (IMS):

  • IMS is a global monitoring network established by the CTBTO to detect nuclear explosions anywhere in the world.
  • It is a global network of over 300 monitoring facilities across 89 countries, using seismic, infrasound, hydroacoustic, and radionuclide technologies to detect nuclear explosions worldwide.
  • The CTBTO shares IMS data with member-states in near real-time, ensuring access to accurate, verified data.
    • Over 16 gigabytes of data are transmitted daily from IMS stations to the CTBTO’s International Data Centre (IDC) in Vienna.
  • Analysts use this IMS data to distinguish natural events (like earthquakes) from nuclear explosions.

About Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO):

Details
Location Based in Vienna, Austria.
Established Created to implement the Comprehensive Nuclear-Test-Ban Treaty (CTBT), opened for signature in 1996.
Purpose of the CTBT Aims to ban all nuclear explosions worldwide, regardless of purpose (military or civilian).
Key Elements of the CTBT Total Ban on Nuclear Tests: Prohibits all nuclear explosions.
Verification Mechanisms: Establishes a global monitoring network and allows for on-site inspections.
Distant Monitoring by IMS: Employs technologies for monitoring compliance.
Signature and Ratification Signed by 183 states and ratified by 164; has not entered into force as eight specific states among 44 Annex-2 states have yet to ratify.
Key Non-Ratifying States The states that have not ratified the treaty include United States, China, Iran, Egypt, Israel, India, Pakistan, and North Korea.
Compliance Verification CTBT establishes a global monitoring network of over 300 facilities for detection and verification, along with provisions for on-site inspections.
Significance Plays a crucial role in global efforts toward nuclear disarmament and non-proliferation, fostering international cooperation and stability.

 

PYQ:

[2018] What is/are the consequence/consequences of a country becoming the member of the ‘Nuclear Suppliers Group’?

  1. It will have access to the latest and most efficient nuclear technologies.
  2. It automatically becomes a member of “The Treaty on the Non-Proliferation of Nuclear Weapons (NPT)”.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

[2011] Recently, the USA decided to support India’s membership in multilateral export control regimes called the “Australia Group” and the “Wassenaar Arrangement”. What is the difference between them?

  1. The Australia Group is an informal arrangement which aims to allow exporting countries to minimize the risk of assisting chemical and biological weapons proliferation, whereas the Wassenaar Arrangement is a formal group under the OECD holding identical objectives.
  2. The Australia Group comprises predominantly Asian, African and North American countries whereas the member countries of Wassenaar Arrangement are predominantly from the European Union and American Continents.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

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