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Modern Indian History-Events and Personalities

Raja Ravi Varma and his Arts

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Raja Ravi Varma

Mains level: Not Much

Raja Rai Varma’s Draupadi Vastraharan is expected to fetch between Rs 15 and Rs 20 crore at an auction.

Who was Raja Ravi Varma?

  • Raja Ravi Varma was born in April 1848 in Kilimanoor, Kerala, to a family which was very close to the royals of Travancore.
  • Often referred to as the father of modern Indian art, he is widely known for his realistic portrayal of Indian gods and goddesses.
  • While he majorly painted for the royalty, he is also credited for taking art to the masses with his prints and oleographs.
  • At a young age, he would draw animals and everyday scenes on the walls in indigenous colours made from natural materials such as leaves, flowers and soil.
  • His uncle, Raja Raja Varma, noticed this and encouraged his talent.
  • Patronised by Ayilyam Thirunal, the then ruler of Travancore, he learnt watercolour painting from the royal painter Ramaswamy Naidu, and later trained in oil painting from Dutch artist Theodore Jensen.

How he became an artist of the royals?

  • Varma became a much sought-after artist for the aristocrats and was commissioned several portraits in late 19th century.
  • Arguably, at one point, he became so popular that the Kilimanoor Palace in Kerala opened a post office due to the sheer number of painting requests that would come in for him.
  • He travelled across India extensively, for work and inspiration.

Fame as a notable painter

  • Following a portrait of Maharaja Sayajirao of Baroda, he was commissioned 14 Puranic paintings for the Durbar Hall of the new Lakshmi Vilas Palace at Baroda.
  • Depicting Indian culture, Varma borrowed from episodes of Mahabharata and Ramayana for the same.
  • He also received patronage from numerous other rulers, including the Maharaja of Mysore and Maharaja of Udaipur.
  • As his popularity soared, the artist won an award for an exhibition of his paintings at Vienna in 1873.
  • He was also awarded three gold medals at the World’s Columbian Exposition in Chicago in 1893.

Nature of his artforms

  • Much of his celebrated art also borrows heavily from Indian mythology.
  • In fact, he is often credited with defining the images of Indian gods and goddesses through his relatable and more realistic portrayals often painted with humans as models.
  • The depictions include Lakshmi as the goddess of wealth, Saraswati as the goddess of knowledge and wisdom, and Lord Vishnu with his consorts, Maya and Lakshmi.

How he took Indian art to the masses?

  • Raja Ravi Varma aspired to take his art to the masses and the intent led him to open a Lithographic Press in Bombay in 1894.
  • The idea, reportedly, came from Sir T Madhava Rao, former Dewan of Travancore and later Baroda, in a letter where he pointed out to Varma that since it was impossible for him to meet the large demand for his work, it would be ideal for him to send some of his select works to Europe and have them produced as oleographs.
  • Varma, instead, chose to establish a printing press of his own.
  • The first picture printed at Varma’s press was reportedly The Birth of Shakuntala, followed by numerous mythological figures and saints such as Adi Shankaracharya.

Try this PYQ:

Q. There are only two known examples of cave paintings of the Gupta period in ancient India. One of these is paintings of Ajanta caves. Where is the other surviving example of Gupta paintings?

 

(a) Bagh caves

(b) Ellora caves

(c) Lomas Rishi cave

(d) Nasik caves

 

Post your answers here.

 

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Foreign Policy Watch: India-SAARC Nations

BIMSTEC

Note4Students

From UPSC perspective, the following things are important :

Prelims level: BIMSTEC

Mains level: Paper 2- BIMSTEC -challenges and opportunities ahead

Context

The fifth summit of the regional grouping, the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC), held virtually in Colombo on March 30, has advanced the cause of regional cooperation and integration.

Colombo package

  • Economic challenges: Representing a fifth of the world’s population that contributes only 4% of the global GDP, can this multilateral grouping trigger accelerated economic development?
  • It was clear that BIMSTEC first needed to strengthen itself — by re-defining its purpose and rejuvenating its organs and institutions.
  • The eventual result is now seen in the package of decisions and agreements announced at the latest summit.

Achievement of Colombo Summit

  • 1] Adoption of Charter: Adopted formally, it presents BIMSTEC as “an inter-governmental organization” with “legal personality.”
  • BIMSTEC’s purposes: Defining BIMSTEC’s purposes, it lists 11 items in the first article.
  • Among them is acceleration of “the economic growth and social progress in the Bay of Bengal region”, and promotion of “multidimensional connectivity”.
  • The grouping now views itself not as a sub-regional organisation but as a regional organisation whose destiny is linked with the area around the Bay of Bengal.
  • 2] Reduction in the sectors of cooperation: The second element is the decision to re-constitute and reduce the number of sectors of cooperation from the unwieldy 14 to a more manageable seven.
  • Each member-state will serve as a lead for a sector: trade, investment and development (Bangladesh); environment and climate change (Bhutan); security, including energy (India); agriculture and food security (Myanmar); people-to-people contacts (Nepal); science, technology and innovation (Sri Lanka), and connectivity (Thailand).
  • 3] Adoption of the Master Plan for Transport Connectivity:  the summit participants adopted the Master Plan for Transport Connectivity applicable for 2018-2028.
  •  It was devised and backed by the Asian Development Bank (ADB).
  • It lists 264 projects entailing a total investment of $126 billion.
  • Projects worth $55 billion are under implementation. BIMSTEC needs to generate additional funding and push for timely implementation of the projects.
  • 4] Signing of three new agreements: Finally, the package also includes three new agreements signed by member states, relating to mutual legal assistance in criminal matters, cooperation between diplomatic academies, and the establishment of a technology transfer facility in Colombo.

Challenges

  • The pillar of trade, economic and investment cooperation needs greater strengthening and at a faster pace.
  • Absence of FTA: Despite signing a framework agreement for a comprehensive Free Trade Agreement (FTA) in 2004, BIMSTEC stands far away from this goal.
  • Lack of legal instruments: The need for expansion of connectivity was stressed by one and all, but when it comes to finalising legal instruments for coastal shipping, road transport and intra-regional energy grid connection, much work remains unfinished.
  • There needs to be mention of the speedy success achieved in deepening cooperation in security matters and management of Humanitarian Assistance and Disaster Relief (HADR).
  • Focus more on new areas: BIMSTEC should focus more in the future on new areas such as the blue economy, the digital economy, and promotion of exchanges and links among start-ups and Micro, Small and Medium Enterprises (MSMEs).
  •  Step up the personal engagement of political leadership: The personal engagement of the political leadership should be stepped up.
  • The decision taken in Colombo to host a summit every two years is welcome if implemented.
  • Greater visibility:  BIMSTEC needs greater visibility.
  • India’s turn to host the G20 leaders’ summit in 2023 presents a golden opportunity, which can be leveraged optimally. Perhaps all its members should be invited to the G20 summit as the chair’s special guests.
  • Simplify the groupings name: The suggestion to simplify the grouping’s name needs urgent attention.
  • The present name running into 12 words should be changed to four words only — the Bay of Bengal Community (BOBC).
  • It will help the institution immensely. Brevity reflects gravitas.

Conclusion

BIMSTEC is no longer a mere initiative or programme. The question to address is whether it is now capable of tackling the challenges facing the region.

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Police Reforms – SC directives, NPC, other committees reports

Building faith in India’s investigative agencies

Note4Students

From UPSC perspective, the following things are important :

Prelims level: CBI

Mains level: Paper 2- Reforms in investigative bodies

Context

The image of the institution of police is regrettably tarnished by allegations of corruption, police excesses, lack of impartiality and close nexus with the political class.

Police and investigation agencies need social legitimacy

  • The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy.
  • Police should work impartially and focus on crime prevention. They should also work in cooperation with the public to ensure law and order.
  • The CBI possessed immense trust of the public in its initial phase.
  • But with the passage of time, like every other institution of repute, the CBI has also come under deep public scrutiny.
  • The need of the hour is to reclaim social legitimacy and public trust.

Issues affecting the system and causing delay in trial

  • Lack of infrastructure, lack of sufficient manpower, inhuman conditions, especially at the lowest rung, lack of modern equipment, questionable methods of procuring evidence, officers failing to abide by the rule book and the lack of accountability of erring officers.
  • Then there are certain issues that lead to delays in trials.
  • They are: Lack of public prosecutors and standing counsels, seeking adjournments, arraying hundreds of witnesses and filing voluminous documents in pending trials, undue imprisonment of undertrials, change in priorities with the change in the political executive, cherry-picking of the evidence, and repeated transfers of officers leading to a change in the direction of the investigation.

Way forward

  • Break the nexus with political executive: The first step to reclaim social legitimacy and public trust.is to break the nexus with the political executive.
  • Reform of the police system is long overdue in our country.
  • The Ministry of Home Affairs has itself recognised the glaring need for the same in the “Status Note on Police Reforms in India”. 
  • Comprehensive law: Our investigative agencies still do not have the benefit of being guided by a comprehensive law.
  • Independent and autonomous investigative agency: The need of the hour is the creation of an independent and autonomous investigative agency.
  • Umbrella organisation: There is an immediate requirement for the creation of an independent umbrella institution, so as to bring various agencies like the CBI, SFIO, and ED under one roof.
  • This body is required to be created under a statute, clearly defining its powers, functions and jurisdictions.
  • Such a law will also lead to much-needed legislative oversight.
  • Separation of prosecution and investigation: One additional safeguard that needs to be built into the scheme, is to have separate and autonomous wings for prosecution and investigation, in order to ensure total independence.
  • Annual audit of performance: A provision in the proposed law for an annual audit of the performance of the institution by the appointing committee will be a reasonable check and balance.
  • Strengthening state investigative agencies: There is no reason why state investigative agencies, which handle most of the investigations, cannot enjoy the same level of credibility as that of the national agency.
  • The proposed Central law for the umbrella investigative body can be suitably replicated by the states.
  • Ensure women’s representation: An issue that needs addressing at this stage is the representation of women in the criminal justice system.
  • Often, women feel deterred in reporting certain offences due to a lack of representation.
  • Relations with community: Relations between the community and police also need to be fixed.
  • This is only possible if police training includes sensitisation workshops and interactions to inspire public confidence.

Consider the question “The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy. In the context of this, examine the challenges faced by the police and the investigative agencies in India and suggest ways to help them gain social legitimacy.”

Conclusion

It is imperative for the police and the public to work together to create a safe society. Ultimately the police must remember that their allegiance must be to the Constitution and the rule of law and not to any person.

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Promoting Science and Technology – Missions,Policies & Schemes

Indian Antarctic Bill Introduced in Lok Sabha

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Antarctic Treaty

Mains level: Indian Antarctic Bill, 2022

The government has introduced the ‘Antarctica Bill, 2022’ in the Lok Sabha that envisages regulating visits and activities to Antarctica as well potential disputes that may arise among those present on the continent.

Indian Antarctic Bill, 2022

Aims and objectives:

  • To provide for national measures to protect the Antarctic environment and associated ecosystems and to give effect to the Antarctic Treaty
  • To provide a harmonious policy framework for India’s Antarctic activities through a well-established legal mechanism
  • Facilitate activities of the Indian Antarctic programme, including management of Antarctic tourism and sustainable development of fisheries
  • To prohibit Indian expedition to Antarctica or carrying of certain activities in Antarctica without a permit or the written authorisation of another party to the protocol
  • To provide for inspection in India by an officer designated by the Central government as an Inspector and to constitute an inspection team to carry out inspections in Antarctica

Key feature: Committee on Antarctic governance

  • It will empower the government to establish a committee on Antarctic governance and environmental protection to monitor, implement and ensure compliance with the relevant international laws, emissions standards and rules of protection.
  • The panel is to be headed by the secretary of the Ministry of Earth Sciences, as ex officio chairperson.
  • Among other roles, he has also been the vice-president of the Scientific Committee on Antarctic Research of the International Science Council since 2018.
  • The committee will have ten members from various ministries, departments and organizations of the Union government, plus two experts on the Antarctic environment or other relevant areas.

About Antarctica Treaty

  • Antarctica has a geographical area of 14 million sq. km and has had no indigenous population (i.e. “Antarcticans” don’t exist).
  • However, a few thousand people reside there, in some 40 research stations spread across the continent, throughout the year.
  • In 1959, 12 countries – Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the USSR, the UK and the US signed the ‘Antarctic Treaty’.
  • Their aim was to prevent the continent from being militarised and to establish it as a centre of peaceful activities.
  • Later, more countries, including India, have become party to the treaty, and today it counts more than 54 members.
  • The treaty requires each party to take appropriate measures within its competence, including the adoption of laws and regulations, administrative actions and enforcement measures, to ensure compliance with the protocol.
  • Countries also signed the ‘Protocol on Environmental Protection’ to the Antarctic Treaty in 1991, which designates Antarctica as a “natural reserve, devoted to peace and science”.

Need for the Antarctic Legislation

  • The growing presence of Indian scientists in Antarctica and the commitment to Antarctic research and protection prompted the government to adopt domestic legislation consistent with its obligations as a member of the Antarctic Treaty system.
  • These laws will enable India’s courts to deal with disputes or crimes committed in parts of Antarctica, and help build credibility vis-à-vis India’s participation.

India at the Poles

  • India maintains two research stations on the continent: ‘Maitri’ (commissioned in 1989) at Schirmacher Hills and ‘Bharati’ (2012) at Larsemann Hills.
  • It has also launched 41 scientific expeditions every year thus far.
  • Together with the ‘Himadri’ station in Svalbard, above the Arctic circle, India is among an elite group of countries with multiple research in the polar regions.

 

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Tribes in News

Tripura’s Darlong community in included in ST List

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Darlong Tribes

Mains level: Scheduled Tribes and issues

The Lok Sabha recently passed a bill to amend a constitutional order to include Darlong, a tribal clan in Tripura which was among the generic Halam community till now, in the list of Scheduled Tribes (ST).

Who are Darlongs?

  • Darlong is a tribal community of 11,000 people.
  • Despite its small population, the community has a high prevalence of education, cultural activities and members of the community are serving in different high positions in the local administration.
  • Darlongs, despite being Scheduled Tribes, were never given ST certificates.
  • Since they were considered a generic tribe under the Kuki community, they were handed their tribal certificates as members of ‘Kuki’ community.
  • The subsequent identity crisis among them, especially Darlong youths, who were equipped with modern education, culminated in the demand for a separate statutory identity of their own in 1995.
  • The group is a small tribal clan but has produced a high number of educated people proportionate to its population in the state.
  • People from the Darlong community, like many other tribal communities, are now serving in high positions in the state administration, academia, and public services.
  • Tribal musicologist and Rosem (tribal instrument) maestro Thanga Darlong was conferred the prestigious Padma Shri award a few years back for his contribution to culture.

Why is tribal identity a big issue in Tripura?

  • Out of 37 lakh people of Tripura, nearly 30 per cent are tribals, who mostly live in areas under jurisdiction of the Tripura Tribal Areas Autonomous District Council (TTAADC).
  • They are spread in patches across all eight districts and covering 70 per cent of the state’s geographical area.
  • The state saw tribals become minority in their own state due to arrival of East Pakistani refugees who fled their country.
  • Tribal identity is a major issue in Tripura, which is also one of the major subjects dominating the state politics now.
  • There is rising demand of Greater Tipraland – a proposed separate state for Tiprasa or Tripuris (tribal and non-tribal) living in the state.

Back2Basics: Tribes of Tripura

  • Tripura, the tiny Northeast state of 37 lakh people houses 19 tribal communities.
  • These include Tripuri or Debbarma, Reangs or Brus, Jamatia, Noatia, Uchoi, Chakma, Mog, Lushai, Kuki, Munda, Kour, Oram, Santhal, Bhil, Bhutia, Chaimar or Sermai, Garo, Khasi, Lepcha and Halam.
  • Many of these communities are further divided into sub-tribes.
  • For example, Kukis have nearly 17-18 sub-tribes within the community.
  • It is an umbrella tribal community including many smaller clans like Khasi, Lushai, Hmars and other generic clans.
  • In course of time, Lushai, Hmar, Garo etc. came out of Kuki as separate communities.
  • Halam community also has several sub-tribes such as Rangkhawl, Ranglong, Dab, Chaimar or Sermai, Bong, Korbong, Harbong, Bongcher etc.

 

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Corruption Challenges – Lokpal, POCA, etc

What is a Look Out Notice?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Look Out Notice, ED

Mains level: Corruption and money laundering

Delhi High Court has sought the Enforcement Directorate’s (ED’s) response on a journalist’s challenge to its action of restraining her from leaving the country. She was stopped in Mumbai on Tuesday evening based on a look out circular (LOC) issued by the ED.

Look out notice: What is it, when is it issued?

  • An LOC is issued to make sure that an individual who is absconding or wanted by law enforcement agencies is not able to leave the country.
  • It is mostly used at immigration checkpoints at international airports and seaports by the immigration branch.
  • In certain cases, the police can approach a court asking for the restriction of a person’s movement outside the country, when that person is a suspect and there is an apprehension that they may not join the investigation at a later stage.
  • The subject of an LOC can challenge the circular and get relief from a court.

Who can issue an LOC?

  • An LOC can be initiated by a large number of authorised officers, including an officer not below the rank of deputy secretary, an officer not below the rank of joint secretary in the state government, a district magistrate or superintendent of police.
  • Also, designated officers of various law enforcing and security agencies, a designated officer of Interpol, an officer not below the rank of additional director in the Serious Fraud Investigation Office, and the Ministry of Corporate Affairs can also issue LOC.
  • In 2018, the government also empowered the heads of public sector banks to directly request the authorities to issue an LOC against wilful defaulters to prevent them from leaving the country.
  • So now, an officer not below the rank of chairman/managing director/chief executive of any public sector bank can make a request.
  • An LOC can be modified/deleted/withdrawn by the Bureau of Immigration only on the specific request of the authorised originator on whose request the LOC was issued.

Does an LOC lead to arrest?

  • Not necessarily. LOCs can be of several types.
  • They can seek to merely stop a person against whom the circular has been issued from travelling outside the country, to prevent a person from entering the country, or inform the concerned investigation agencies.
  • The proforma of the LOC also contains a request to detain the individual at the local police/investigation agency, which generally leads to arrest.

Back2Basics: Directorate of Enforcement (ED)

  • ED is a law enforcement agency and economic intelligence agency responsible for enforcing economic laws and fighting economic crime (esp Money Laundering) in India.
  • It is part of the Department of Revenue of the Ministry of Finance.
  • It is composed of officers from the Indian Revenue Service, Indian Police Service and the Indian Administrative Service as well as promoted officers from its own cadre.
  • The total strength of the department is less than 2000 officers out of which around 70% of officials came from deputation from other organizations while ED has its own cadre, too.
  • The prime objective of the Enforcement Directorate is the enforcement of two key Acts namely, the Foreign Exchange Management Act 1999 (FEMA) and the Prevention of Money Laundering Act 2002 (PMLA)

 

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Festivals, Dances, Theatre, Literature, Art in News

[pib] Festivals in news: Gudi Padwa

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Hindu new year , Gudi Padwa

Mains level: NA

The President of India has sent his greetings to fellow citizens on the eve of Chaitra Sukladi, Ugadi, Gudi Padwa, Cheti Chand, Navreh and Sajibu Cheiraoba.

Gudi Padwa

  • Gudi Padwa is a spring-time festival that marks the traditional New Year for Marathi and Konkani Hindus, but is also celebrated by other Hindus as well.
  • It is celebrated in and around Maharashtra, Goa, and the union territory of Damaon on the first day of the Chaitra month, to mark the beginning of the New Year according to the luni-solar method of the Hindu calendar.
  • Padava or paadvo comes from the Sanskrit word pratipada, which is the first day of a lunar fortnight.
  • The spring festival is observed with colourful floor decorations called rangoli, a special Gudhi dvaja (flag garlanded with flowers, mango and neem leaves, topped with upturned silver or copper vessels), street processions, dancing& festive foods.

Significance

  • Gudhi Padva signifies the arrival of spring and to the reaping of Rabi crops.
  • The festival is linked to the mythical day on which Hindu god Brahma created time and universe.
  • To some, it commemorates the coronation of Rama in Ayodhya after his victory over evil Ravana, or alternatively the start of Shalivahan calendar after he defeated the Huns invasion in the 1st century.

State-wide celebrations

  • Bihu among the Assamese of Assam.
  • Cheti Chand among the Sindhi people
  • Navreh among the Kashmiri Pandits in Jammu and Kashmir.
  • Pahela Baishakh among the Bengalis in West Bengal and Bangladesh.
  • Puthandu among the Tamils in Tamil Nadu.
  • Samvatsar Padvo among Hindu Konkanis of Goa and Konkani diaspora in Kerala
  • Vaisakhi or Baisakhi among the Punjabis in Punjab.
  • Vishu or among the Malayalis in Kerala.
  • Ugadi among the south-Indian states of Karnataka, Andhra Pradesh and Telangana.
  • Sajibu Cheiraoba in Manipur

 

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Climate Change Impact on India and World – International Reports, Key Observations, etc.

Crisis and sustainability in the face of climate change

Note4Students

From UPSC perspective, the following things are important :

Prelims level: IPCC

Mains level: Paper 3- Vulnerability to climate change and ways for adaptation

Context

The footprint of the Covid-19 pandemic across the sectors of the economy has instilled a new reckoning for resilience and sustainability on the economic, social and environmental (ESG) front.

IPCC reports suggest adaption for resilience

  • The Intergovernmental Panel on Climate Change (IPCC) published its latest report on climate impacts, vulnerability and adaptation last month.
  • The report suggests that adaptation to climate impacts in the near to medium term can help communities and ecosystems become resilient against the threats from current and future levels of warming.
  •  Ecosystem-based adaptation, for instance, is recommended for taking care of communities and social well-being, while restoring forests, lands and marine ecosystems.
  • The report details the variability in projected climate impacts and the vulnerabilities that can be expected across regions the world over due to differences in the range of warming, geographical location, demographics and the unique biophysical, social and cultural contexts.
  • Cost-effective adaptation: It depends on a host of enablers on which global partnerships need to deliver.
  • Enablers include international cooperation, inclusive technology, financial flows, knowledge sharing and capacity building, with institutions and innovations to support policy development and on-ground implementation.

Gaps in the literature, acknowledge the uncertainties in climate science

  • The IPCC has been consistently drawing attention to the lack of adequate science from and on developing countries.
  • These countries have in turn been asking for the inclusion of what is broadly termed as “grey literature” or non-peer-reviewed literature in the IPCC process.
  • Good science encompasses the formal and the informal, theory and empiricism, the traditional along with the modern.
  • It relies on evolution through acknowledging the gaps and unknowns, the negatives and positives of past knowledge.
  • The understanding of adaptation finance, adaptation costing, and mapping of climate impacts and adaptation needs of communities in geographically remote locations, for instance, could improve with suitable sourcing of information.

Way forward

  • Sustainable development, inclusive of climate resilience, calls for an ensemble approach — one that places contextually appropriate emphasis on tackling climate change impacts and development needs in a world with growing challenges.
  • The pathway to be adopted is one of an integrated risk assessment approach, where solutions are interventions that impact the immediate, near and medium-term outcomes for developing economies.
  • Striking the right balance is at any time a choice driven as much by enablers (capabilities, lifestyles and values, financial flows, technical know-how) as by constraints (warming levels, poverty, inequality, lack of health and education).

Conclusion

The pandemic highlighted the need for balance in nature-people relationships, even as it tested the ability of the developing world.

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Parliament – Sessions, Procedures, Motions, Committees etc

Privacy concerns in the Criminal Procedure (Identification) Bill 2022

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Identification of Prisoners Act 1920

Mains level: Paper 2- Issues with the Criminal Procedure(Identification) Bill

Context

The Union Minister of State for Home Affairs introduced the Criminal Procedure (Identification) Bill 2022.

Purpose of the introduction of the Bill

  • The Bill aims to replace the Identification of Prisoners Act 1920 that has been in need of amendment for several decades.
  • The criticism and the need for amendment was predominantly in respect of the limited definition of ‘measurements’ as under that Act.
  • Back in the 1980s, the Law Commission of India (in its 87th Report) and the Supreme Court of India in a judgment titled State of U.P. vs Ram Babu Misra had nearly simultaneously suggested the need to amend the statute.

What are the issues with the provisions in the Bill?

1] Definition of ‘measurement’ includes analysis of the data

  • The definition of measurements is not restricted to taking measurements, but also their “analysis”.
  • The definition now states “iris and retina scan, physical, biological samples and their analysis, behavio[u]ral attributes including signatures….”
  • It goes beyond the scope of a law that is only designed for taking measurements and could result in indirectly conferring legislative backing for techniques that may involve the collection of data from other sources(For instance, using facial recognition).
  • At present there are extensive facial recognition technology programmes for “smart policing” that are deployed all across the country.
  • Such experimental technologies cause mass surveillance and are prone to bias, impacting the fundamental rights of the most vulnerable in India.

2] Power of the police and prison officials widened

  • The existing law permits data capture by police and prison officers either from persons convicted or persons arrested for commission of offences punishable with a minimum of one year’s imprisonment.
  • Parallel powers are granted to judges, who can order any person to give measurements where it is in aid of investigation.
  • While the judicial power is left undisturbed, it is the powers of the police and prison officials that are being widened.
  • The law removes the existing — albeit minimal — limitation on persons whose measurements could be taken.
  • It is poised to be expanded to all persons who are placed under arrest in a case.
  • Here, the proposed Bill also contains muddied language stating that a person, “may not be obliged to allow taking of his biological samples”.

3] Storage and retention of data for a long period

  • The National Crime Records Bureau (NCRB) shall for a period of 75 years from the date of collection maintain a digital record, “in the interest of prevention, detection, investigation and prosecution of any offense”.
  • The provision permits the NCRB to, “share and disseminate such records with any law enforcement agency, in such manner as may be prescribed”.
  • The NCRB already operates a centralised database, namely the Crime and Criminal Tracking Network & Systems (CCTNS), without any clear legislative framework.
  • The existence of such legislative power with a technical framework may permit multiple mirror copies and parallel databases of the “measurements” being stored with law enforcement, beyond a State Police department which will be prosecuting the crime and the NCRB which will store all records centrally.
  • For instance, in response to a Standing Committee of Parliament on police modernisation, Rajasthan has stated that it maintains a ‘RajCop Application’ that integrates with “analytics capabilities in real-time with multiple data sources (inter-department and intra-department)”.
  • Similarly, Punjab has said that the “PAIS (Punjab Artificial Intelligence System) App uses machine learning, deep learning, visual search, and face recognition for the identification of criminals to assist police personnel.
  • Hence, multiple copies of “measurements” will be used by State government policing departments for various purposes and with experimental technologies.
  • This also takes away the benefit of deletion which occurs on acquittal and will suffer from weak enforcement due to the absence of a data protection law.
  •  The end result is a sprawling database in which innocent persons are treated as persons of interest for most of their natural lives.

Conclusion

To protect individual autonomy and fulfil our constitutional promises, the Supreme Court of India pronounced the Justice K.S. Puttaswamy judgment, reaffirming its status as a fundamental right. The responsibility to protect it falls to each organ of the government, including the legislature and the union executive.

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Armed Forces (Special Powers) Act

Areas under AFSPA regime reduced: Home Ministry

Note4Students

From UPSC perspective, the following things are important :

Prelims level: AFSPA

Mains level: Issues over AFSPA disturbed areas

The Union Home Ministry has considerably reduced the “disturbed areas” under the Armed Forces (Special) Powers Act (AFSPA) in Assam, Manipur and Nagaland.

AFSPA: A Backgrounder

  • The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
  • It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
  • It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.

Armed Forces (Special Powers) Act, 1958

  • Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in “disturbed areas.”
  • AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
  • The Act further provides that if “reasonable suspicion exists”, the armed forces can also arrest a person without warrant; enter or search premises without a warrant; and ban the possession of firearms.

What are the Special Powers?

The ‘special powers’ which are spelt out under Section 4 provide that:

(a) Power to use force, including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;

(b) Power to destroy structures used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;

(c) Power to arrest without warrant and to use force for the purpose;

(d) Power to enter and search premises without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.

What are the Disturbed Areas?

  • A disturbed area is one that is declared by notification under Section 3 of the AFSPA.
  • As per Section 3, it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.

Who can declare/notify such areas?

  • The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
  • A suitable notification would have to be made in the Official Gazette.

Presently ‘Disturbed Areas’

  • AFSPA is currently in force in Assam, Nagaland, Manipur, 3 districts of Arunachal Pradesh, and areas falling within the jurisdiction of 8 police stations in Arunachal Pradesh bordering Assam.
  • In Jammu and Kashmir, a separate law Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 has been in force.

AFSPA: Is it a License to Kill?

While the operation of the Section has been controversial in itself, it has attracted much criticism when actions have resulted in the death of civilians.

  • Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
  • Protection against prosecution: This power is further bolstered by Section 6 which provides that legal can be instituted against the officer, except with the previous sanction of the Central Government.

Supreme Court’s Observations over AFSPA

  • These extra-judicial killings became the attention of the Supreme Court in 2016.
  • It clarified that the bar under Section 6 would not grant “total immunity” to the officers against any probe into their alleged excesses.
  • The judgment noted that if any death was unjustified, there is no blanket immunity available to the perpetrator(s) of the offense.
  • The Court further noted that if an offense is committed even by Army personnel, there is no concept of absolute immunity from trial by the criminal court constituted under the CrPC.

Constitutionality of AFSPA

  • Attempts have been made to examine the constitutionality of the Act on the grounds that it is contravention to the:
  1. Right to Life and Personal Liberty (Article 21) and
  2. Federal structure of the Constitution since law and order is a State subject

Recommendations to repeal AFSPA

(1) Justice B.P. Jeevan Reddy Commission

  • The 2004 Committee headed by Justice B.P. Jeevan Reddy, the content of which has never officially been revealed by the Government, recommended that AFSPA be repealed.
  • Additionally, it recommended that appropriate provisions be inserted in the Unlawful Activities Prevention Act, 1967 (UAPA) instead.
  • It also recommended that the UAPA be modified to clearly specify the powers of the armed forces and paramilitary forces and grievance cells should be set up in each district where the armed forces are deployed.

(2) ARC II

  • The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.
  • It recommended adding a new chapter to be added to the Unlawful Activities Prevention Act, 1967.
  • However, the recommendation was considered first and then rejected.

Other issues with AFSPA

(1) Sexual Misconduct by Armed Forces

  • The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012.
  • It observed that- in conflict zones, legal protection for women was neglected.

(2) Autocracy

  • The reality is that there is no evidence of any action being taken against any officer of the armed forces or paramilitary forces for their excesses.

Caution given by the Supreme Court

A July 2016 judgment authored by Justice Madan B. Lokur in Extra Judicial Execution Victim Families Association quoted the “Ten Commandments” issued by the Chief of the Army Staff for operations in disturbed areas:

  1. Definite circumstances: The “power to cause death is relatable to maintenance of public order in a disturbed area and is to be exercised under definite circumstances”.
  2. Declaration preconditions: These preconditions include a declaration by a high-level authority that an area is “disturbed”.
  3. Due warning: The officer concerned decides to use deadly force on the opinion that it is “necessary” to maintain public order. But he has to give “due warning” first.
  4. No arbitrary action: The persons against whom the action was taken by the armed forces should have been “acting in contravention of any law or order for the time being in force in the disturbed area”.
  5. Minimal use of force: The armed forces must use only the “minimal force required for effective action against the person/persons acting in contravention of the prohibitory order.”
  6. Empathy with perpetrators: The court said that: the people you are dealing with are your own countrymen. All your conduct must be dictated by this one significant consideration.
  7. People friendliness: The court underscored how the Commandments insist that “operations must be people-friendly, using minimum force and avoiding collateral damage – restrain must be the key”.
  8. Good intelligence: It added that “good intelligence is the key to success”.
  9. Compassion: It exhorted personnel to “be compassionate, help the people and win their hearts and minds. Employ all resources under your command to improve their living conditions”.
  10. Upholding Dharma (Duty): The judgment ended with the final Commandment to “uphold Dharma and take pride in your country and the Army”.

Conclusion

  • Despite demands by civil society groups and human rights activities, none of the recommendations have not been implemented to date.

 

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Interstate River Water Dispute

Dam Safety Act can end disputes, says Supreme Court

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Dam Safety Act

Mains level: Resolution of Mullaperiyar Dam Row

The Supreme Court has found in the Dam Safety Act of 2021 a panacea to end the “perennial” legal battle between Tamil Nadu and Kerala over the Mullaperiyar dam.

What is the Dam Safety Act, 2021?

  • The Act comprehensively postulates for surveillance, inspection, operation and maintenance of dams to prevent disasters.
  • Its key features are as follows:
  1. National Committee on Dam Safety (NCDS): It will be constituted and will be chaired by the chairperson, Central Water Commission. Its’ functions will include formulating policies and regulations regarding dam safety standards and prevention of dam failures, analyzing the causes of major dam failures, and suggesting changes in dam safety practices.
  2. National Dam Safety Authority (NDSA): It will be headed by an officer, not below the rank of an Additional Secretary, to be appointed by the central government. The main task of this authority includes implementing the policies formulated by the NCD, resolving issues between State Dam Safety Organisations (SDSOs), or between an SDSO and any dam owner in that state, specifying regulations for inspection and investigation of dams.
  3. State Dam Safety Organisation (SDSO): Its functions will be to keep perpetual surveillance, inspection, monitoring the operation and maintenance of dams, keeping a database of all dams, and recommending safety measures to owners of dams.
  4. Dam Safety Unit: The owners of the specified dams are required to provide a dam safety unit in each dam. This unit will inspect the dams before and after the monsoon session, and during and after any calamity or sign of distress.
  5. Emergency Action Plan: Dam owners will be required to prepare an emergency action plan, and carry out risk assessment studies for each dam at specified regular intervals.
  6. Certain offences: The act provides for two types of offences – obstructing a person in the discharge of his functions, and refusing to comply with directions issued under the proposed law.

Why in news?

  • Kerala and Tamil Nadu have been trading charges against each other over the safety, operation and maintenance of the Mullaperiyar dam.
  • While Kerala claims the 126-year-old dam is unsafe, badly maintained and a threat to thousands of people living downstream, Tamil Nadu denies it.
  • Kerala is pitching for a new dam in place of the existing one, while Tamil Nadu, which operates and maintains the reservoir, argues that the dam is well-preserved and so strong that the height water level could even be increased to 152 feet.

What did the SC say?

  • A few days ago, the Supreme Court was in search of an answer to the “perennial problem” between the two neighbours over the dam.
  • It had mooted the idea of extending the powers of its own supervisory committee to take over charge of the safety and maintenance of the structure and its site.
  • The Bench even wondered whether the supervisory committee should now continue as the 2021 Act has made it redundant.
  • However, Kerala said the Centre was yet to appoint specialists to the NDSA.

 

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Foreign Policy Watch: India-Sri Lanka

India to set up Maritime Rescue Co-ordination Centre (MRCC) in Colombo

Note4Students

From UPSC perspective, the following things are important :

Prelims level: MRCC

Mains level: India-Sri Lanka ties in recent times

India and Sri Lanka have signed an MoU for the Indian public sector Bharat Electronics Ltd (BEL) to set up a state of the art Maritime Rescue Co-ordination Centre (MRCC) in Colombo.

What is MRCC?

  • MRCCs are part of an international network under the UN’s International Maritime Organisation.
  • They aim to monitor the sea lanes with the objective of swift response to emergencies, such as vessels in distress, rescue and evacuation of people, and prevention of and containing environmental disasters such as oil spills.
  • Each country is responsible for its own Search and Rescue Region (SRR).
  • The work of MRCCs is co-ordinated by the Navy or Coast Guard in each country.
  • In India, the Coast Guard is the co-ordinating agency. In Sri Lanka, it is the Navy.
  • The MRCC will be established with a grant of $6 million from India.

Benefits offered

  • MRCC enhances co-operation on maritime security between the two countries in a part of the Indian Ocean region where the India-China rivalry has taken centre stage over the last decade.
  • This engagement will augment interoperability and seamless maritime actions like carrying out anti-smuggling operations in the Indian Ocean Region.

Why such a move by India?

  • Sri Lanka’s SRR is a wide swathe of 1,778,062. 24 sq kms of the Indian Ocean, and nearly 200 ships pass through these waters every day.
  • The MRCC agreement appears to be part of India’s SAGAR (Security and Growth for all in the Region) initiative in the Indian Ocean.

Issues with MRCC

  • The MRCC has been controversial in Sri Lanka who see every development by India suspicious.
  • Sri Lanka’s Defence Ministry issued a clarification on the MRCC, as well as on recent agreements with India for a naval floating dock and Dornier aircraft.
  • The clarification has provided more details about the agreements than have been in the public domain so far.

 

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Financial Inclusion in India and Its Challenges

Old Pension Scheme vs New Pension Scheme

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Defined Pension Benefit Scheme, NPS

Mains level: Issues with NPS

Many states are trying to restore Old Pension Scheme and discontinue the National Pension System (NPS).

What is the Defined Pension Benefit Scheme (old)?

  • The scheme assures life-long income, post-retirement.
  • Usually the assured amount is equivalent to 50% of the last drawn salary.
  • The Government bears the expenditure incurred on the pension.
  • The scheme was discontinued in 2004.

What is the National Pension System (NPS)?

  • The Union government under PM Vajpayee took a decision in 2003 to discontinue the old pension scheme and introduced the NPS.
  • The scheme is applicable to all new recruits joining the Central Government service (except armed forces) from April 1, 2004.
  • On the introduction of NPS, the Central Civil Services (Pension) Rules, 1972 was amended.

Features of NPS

  • It is a scheme, where employees contribute to their pension corpus from their salaries, with matching contributions from the government.
  • The funds are invested in earmarked investment schemes through Pension Fund Managers.
  • At retirement, they can withdraw 60% of the corpus, which is tax-free and the remaining 40% is invested in annuities, which is taxed.
  • It can have two components — Tier I and II.
  • Tier-II is a voluntary savings account that offers flexibility in terms of withdrawal, and one can withdraw at any point of time, unlike Tier I account.
  • Private individuals can opt for the scheme.

What were the changes introduced in 2019?

  • In 2019, the Finance Ministry said that Central government employees have the option of selecting the Pension Funds (PFs) and Investment Pattern in their Tier-I account.
  • The default pension fund managers are the LIC Pension Fund Limited, SBI Pension Funds Pvt. Limited and UTI Retirement Solutions Limited in a predefined proportion.

Who is the regulatory authority?

  • The Pension Fund Regulatory and Development Authority (PFRDA) is the regulator for NPS.
  • PFRDA was set up through the PFRDA Act in 2013 to promote old age income security by developing pension funds to protect the interest of subscribers to schemes of pension funds.

What is the subscriber base?

  • As on February 28, there were 22.74 lakh Central government employees and 55.44 lakh State government employees enrolled under the NPS.

Why in news now?

  • In Feb, Rajasthan CM announced restoration of the old pension scheme for the government employees, who joined the service on or after January 1, 2004.
  • The announcement meant that the National Pension System (NPS) would be discontinued in the State.
  • The center had maintained that restoration of the old system would cause an unnecessary financial burden on the government.

Cons of NPS

  • Forfeiture of pension: The NPS scheme was created by the Government of India, in order to stop all the defined pension related benefits that it gave to its employees.
  • Withdrawal restrictions: NPS restricts all kinds of withdrawals, before the subscriber reaches the age of 60 years.
  • No tax benefits: The NPS corpus, which the subscriber can use for buying annuity or for drawing pensions, is taxable, when the schemes matures.
  • Limit on investment: The subscriber cannot invest more than 50% of his or her total investment in the NPS account, towards the equities.
  • No guarantee: While NPS is a government scheme, the corpus is created according to the returns, which are generated under the corporate bonds, government securities, and equity.

Try this PYQ:

Q.Who among the following can join the National Pension System (NPS)?

(a) Resident Indian citizens only

(b) Persons of age from 21 to 55 only

(c) All-State Government employees joining the services after the date of notification by the respective State Governments

(d) All Central Governments Employees including those of Armed Forces joining the services on or after 1st April 2004

 

Post your answers here.

 

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Judicial Reforms

FASTER digital platform for Judiciary

Note4Students

From UPSC perspective, the following things are important :

Prelims level: FASTER Platform, SUPACE

Mains level: Speedy disposal of cases

‘FASTER’, an abbreviation of ‘Fast and Secured Transmission of Electronic Records’, a digital platform was formally launched by Chief Justice of India (CJI) N.V. Ramana.

What is FASTER?

  • The FASTER system proposes transmission of e-authenticated copies of the interim orders, stay orders, bail orders and record of proceedings to the duty-holders for compliance and due execution, through a secured electronic communication channel.
  • These orders may vary from stay of execution of a person to freeze on the demolition of a slum to bail orders for undertrial prisoners.
  • The idea stemmed from a case reported about several prisoners in the Agra Jail forced to remain behind bars for three days after the hard copies of the order had not reached the prison officials.

Benefits offered

  • FASTER would aid the cause of quick and effortless justice.
  • The timely delivery of the court’s orders to the authorities would also prevent unnecessary arrests and custody of people who have already been granted anticipatory bail.
  • For smooth transmission of court’s orders and effective implementation of Article 21, Right to Life, such a system was the need of the hour.

 

Also read:

[RSTV Archive] Judiciary & Artificial Intelligence

 

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The Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Bill, 2021

Note4Students

From UPSC perspective, the following things are important :

Prelims level: ICAI

Mains level: Paper 3- Strengthening the ICAI's accountability

Context

The Lok Sabha has approved a Bill to amend the Chartered Accountants Act, 1949, the law that governs the Institute of Chartered Accountants of India (ICAI).

What are the changes proposed in the Bill?

  • Introduced in the Lok Sabha on December 17, 2021, and titled the Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Bill, 2021.
  • The key changes it proposes are in the area of discipline and governance and administration.
  • 1] Discipline: The ICAI’s disciplinary committee and board of discipline will be chaired by non-chartered accountants (CA),
  • Its elected council members will no longer be in a majority in them.
  • 2] Governance and administration: The term of the ICAI’s Council will be raised from three to four years, the maximum number of consecutive terms for its elected members will be reduced to two from the current three;
  • The ICAI’s Secretary will replace the ICAI’s president as its chief executive and perform the functions to be specified;
  • The ICAI will appoint its auditor from the Comptroller and Auditor-General of India’s panel of CA firms;
  • The Government will form a coordination committee for the ICAI and the Institutes of Cost Accountants and Company Secretaries of India.
  • The Parliamentary Standing Committee on Finance has endorsed these changes and has further recommended an end to the ICAI’s monopoly in certification.

Challenges facing Chartered Accountancy and ICAI

1] Lacking critical thinking and analytical ability

  • Senior industry managers say that many CAs do not have what it takes to succeed in the corporate world, i.e., analytical ability, critical thinking, appreciation of the business context, grasp of technology, and communication and presentation skills.
  • CA students do not have in-class interaction.
  • Also, the coaching is focused on cracking examinations rather than facilitating understanding and application.

2] Poor record in disciplining members

  • The ICAI’s record in disciplining its members is even more problematic.
  • There have been persistent complaints that the ICAI is lax in acting against errant members.
  •  In 2018, the Government had set up the National Financial Reporting Authority as India’s first independent regulator of accounting and audit.
  • The proposed changes in the composition of the ICAI’s disciplinary arms will further limit its role.
  • As a result, the ICAI will be effectively reduced to an examination board.

3] ICAI failed to keep pace with changes

  • The ICAI was set up in 1949, largely as the Indian version of the U.K. institute
  •  Much of the work that CAs do and clamour for is a remnant of the licence raj.
  • Many businesses and professions have changed beyond recognition as a result of the economic reforms initiated in 1991.
  •  The demutualised and technology-driven National Stock Exchange of India has transformed stock-broking.
  • Indian IT and pharma companies now compete successfully with the best in the world.
  • In contrast, CA has not kept pace with the changes in India’s dynamic economy and changing society.
  • Overseas accountancy qualifications such as the Association of Chartered Certified Accountants (ACCA) and Chartered Institute of Management Accountants (CIMA) are gaining popularity in India, perhaps because they are recognised worldwide, are more relevant to current and future needs, and are accepted even in India by global companies and global accounting firms.

4] Challenges posed by technology such as AI/ML

  • Accounting and auditing are more amenable to the replacement of humans by technology.
  • AI, robotics, and other technological advances are likely to reduce the need for human intervention in accounting.
  • Also, recent administrative reforms aimed at enabling ease of doing business and ease of living, such as faceless tax assessment, easy filing of tax returns, prompt refunds, rising threshold for tax audit, and abolition of Goods and Services Tax audit have greatly reduced the availability of captive, government-mandated, make-work business for CAs.

Way forward

  • Setting IIAs: The Parliamentary Committee’s suggestion to set up a string of Indian Institutes of Accounting (IIAs) on the lines of the Indian Institutes of Technology (IIT) and the Indian Institutes of Management (IIM) is innovative.
  • At one level, they will end the ICAI’s statutory monopoly over certification.
  • More competition should result in better quality and higher standards of conduct.

Conclusion

The Bill and the Parliamentary Committee’s report can be seen as efforts to drag the ICAI to the contemporary world. It would be wise to read the proposed changes as a warning and respond maturely.

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Foreign Policy Watch: India-Australia

Significance of India-Australia Economic Cooperation and Trade Agreement

Note4Students

From UPSC perspective, the following things are important :

Prelims level: ECTA

Mains level: Paper 2- INDAUS-ECTA

Context

Prime Ministers of India and Australis will preside virtually over the signing of a bilateral Free Trade Agreement(ECTA) negotiated in torturous detail over the last decade.

Background

  • Negotiations for a bilateral Comprehensive Economic Cooperation Agreement began in May 2011.
  • But the negotiations continued in fits and starts, without significant progress or indeed real political direction.
  • In June 2020, as part of the Joint Statement after establishing a Comprehensive Strategic Partnership, it was decided to re-engage on a CECA.
  • Consequently, at the 17th India-Australia Joint Ministerial Commission meeting in September 2021, CECA negotiations were re-launched.
  • During virtual summit in 2022, India-Australia fleshed out areas of cooperation ranging from science and technology to climate change and defence to people-to-people ties, and included possibilities of joint surveillance and real-time intelligence sharing.
  • On the eve of the summit, the Morrison government invested over USD 280 million to give a fillip to cooperation with India; to further grow its economic relationship and support jobs and businesses in both countries; as well as to empower the Indian diaspora.

About INDAUS-ECTA

  • The INDAUS ECTA (India-Australia Economic Cooperation and Trade Agreement), reflects vision of the essential unity of the two countries.
  • The ECTA deal is apparently fully in compliance with WTO rules and Article 24 of GATT.
  • Article 24 of GATT allows countries to grant special treatment to one another by establishing a free-trade association, provided that “(1) duties and other trade restrictions would be eliminated on substantially all the trade among the participants, (2) the elimination of internal barriers occurred within a reasonable length of time….”
  • The ECTA should give a boost to India’s labour-intensive manufacturing sector, with a considerable leg-up to the pharma, textile, gemstone and jewellery sectors.
  •  Indian students in Australia will find an easier pathway to employment, and there will be greater ease of visa for a range of skilled human capital from India in demand in Australia, including chefs and yoga instructors.
  • Most of the farming and dairy sector seems to have been kept away from the present agreement.
  • Australian coal will probably get relatively unfettered access to India.

Significance of the ECTA for India-Australia relations

  • The ECTA represents a watershed moment in bilateral relations.
  • ECTA is also a significant turning point for India’s foreign policy — both in terms of geo-strategy as well as geo-economics.
  • Partnership with the convergence of interests: India and Australia today represent a partnership with a near complete convergence of interests and values.
  • Shared concerns over China: Two multicultural, federal democracies that share concerns about stability in the Indo Pacific, are apprehensive about Chinese hegemonic designs, and are increasingly coordinating their policies, are natural partners of the future.

Conclusion

The ECTA signals that India’s relations with Australia — two central pivots of the Quad — are as strong and resilient as ever.

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North-East India – Security and Developmental Issues

Assam-Meghalaya Boundary Dispute Resolution

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Boundary disputes in North-East

Assam and Meghalaya partially resolved a 50-year-old dispute along their 884.9 km boundary.

What is the news?

  • An agreement was signed between Assam CM and his Meghalaya counterpart in the presence of Home Minister Amit Shah in New Delhi.
  • According to the partial boundary deal, Assam will get 18.51 sq. km of the 36.79 sq. km disputed area while Meghalaya will get the remaining 18.28 sq. km.
  • The agreement is expected to pave the way for resolving disputes in the boundary and similar areas of difference between Assam and three other NE States.

What is the Assam-Meghalaya Boundary Dispute?

  • Meghalaya, carved out of Assam as an autonomous State in 1970, became a full-fledged State in 1972.
  • The creation of the new State was based on the Assam Reorganisation (Meghalaya) Act of 1969, which the Meghalaya government refused to accept.
  • This was because the Act followed the recommendations of a 1951 committee to define the boundary of Meghalaya.
  • On that panel’s recommendations, areas of the present-day East Jaintia Hills, Ri-Bhoi and West Khasi Hills districts of Meghalaya were transferred to the Karbi Anglong, Kamrup (metro) and Kamrup districts of Assam.
  • Meghalaya contested these transfers after statehood, claiming that they belonged to its tribal chieftains.
  • Assam said the Meghalaya government could neither provide documents nor archival materials to prove its claim over these areas.
  • After claims and counter-claims, the dispute was narrowed down to 12 sectors on the basis of an official claim by Meghalaya in 2011.

Other boundary disputes in North-East

The states of the Northeast were largely carved out of Assam, which has border disputes with several states.

During British rule, Assam included present-day Nagaland, Arunachal Pradesh and Meghalaya besides Mizoram, which became separate state one by one. Today, Assam has boundary problems with each of them.

  • Nagaland shares a 500-km boundary with Assam.
  • In two major incidents of violence in 1979 and 1985, at least 100 persons were killed. The boundary dispute is now in the Supreme Court
  • On the Assam-Arunachal Pradesh boundary (over 800 km), clashes were first reported in 1992, according to the same research paper.
  • Since then, there have been several accusations of illegal encroachment from both sides, and intermittent clashes. This boundary issue is being heard by the Supreme Court.
  • The 884-km Assam-Meghalaya boundary, too, witnesses flare-ups frequently. As per Meghalaya government statements, today there are 12 areas of dispute between the two states.

 How did the two governments go about handling the issue?

  • The two States had initially tried resolving the border dispute through negotiations but the first serious attempt was in May 1983 when they formed a joint official committee to address the issue.
  • In its report submitted in November 1983, the committee suggested that the Survey of India should re-delineate the boundary with the cooperation of both the States towards settling the dispute.
  • There was no follow-up action. As more areas began to be disputed, the two States agreed to the constitution of an independent panel in 1985.
  • Headed by Justice Y.V. Chandrachud, the committee submitted its report in 1987.
  • Meghalaya rejected the report as it was allegedly pro-Assam.
  • In 2019, the Meghalaya government petitioned the Supreme Court to direct the Centre to settle the dispute. The petition was dismissed.

How was the ice broken?

  • In January 2021, Home Minister urged all the north-eastern States to resolve their boundary disputes by August 15, 2022, when the country celebrates 75 years of Independence.
  • It was felt that the effort could be fast-tracked since the region’s sister-States either had a common ruling party.
  • In June 2021, the two States decided to resume talks at the CM level and adopt a “give-and-take” policy to settle the disputes once and for all.
  • Of the 12 disputed sectors, six “less complicated” areas — Tarabari, Gizang, Hahim, Boklapara, Khanapara-Pilingkata and Ratacherra — were chosen for resolving in the first phase.
  • Both States formed three regional committees, one each for a district affected by the disputed sectors.

What were the principles followed?

  • These committees, each headed by a cabinet minister, were given “five principles” for approaching the issue.
  • These principles are historical facts of a disputed sector, ethnicity, and administrative convenience, willingness of people and contiguity of land preferably with natural boundaries such as rivers, streams and rocks.
  • The committee members conducted surveys of the disputed sectors and held several meetings with the local stakeholders.
  • This paved the way for the March 29 closure of the six disputed sectors.

Issues with this settlement

  • Officials in Assam said it was better to let go of areas where they did not have any administrative control rather than “live with an irritant forever”.
  • However, residents in the other six disputed sectors feel the “give-and-take” template could spell disaster for them.
  • The fear is more among non-tribal people who could end up living in a “tribal Meghalaya with no rights”.

 

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Electric and Hybrid Cars – FAME, National Electric Mobility Mission, etc.

India’s Lithium Dependency Worries

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Solid-state lithium ion battery

Mains level: Read the attached story

Lithium has been among the most sought-after mineral during the past few years, largely on the back of its usage in battery manufacturing.

India is at odds with a major import source for the mineral, China.

About Lithium

  • Lithium is a chemical element with the symbol Li and atomic number 3.
  • It is a soft, silvery-white alkali metal. Under standard conditions, it is the lightest metal and the lightest solid element.
  • Like all alkali metals, lithium is highly reactive and flammable and must be stored in mineral oil.
  • When cut, it exhibits a metallic lustre, but moist air corrodes it quickly to a dull silvery grey, then black tarnish.
  • Lithium metal is isolated electrolytically from a mixture of lithium chloride and potassium chloride.
  • It is a crucial building block of the lithium-ion rechargeable batteries that power electric vehicles (EVs), laptops and mobile phones.

Lithium-ion batteries

  • A lithium-ion battery or Li-ion battery is a type of rechargeable battery.
  • They are commonly used for portable electronics and electric vehicles and are growing in popularity for military and aerospace applications.
  • A prototype Li-ion battery was developed by Akira Yoshino in 1985, based on earlier research by John Goodenough, M. Stanley Whittingham, Rachid Yazami and Koichi Mizushima during the 1970s–1980s.
  • In 2019, the Nobel Prize in Chemistry was given to this trio “for the development of lithium-ion batteries”.

Global producers of lithium

  • Australia and Chile have swapped positions as the world’s leading lithium-producing country over the past decade. In 2019, the world’s Top 5 lithium producers were:
  1. Australia – 52.9% of global production
  2. Chile – 21.5%
  3. China – 9.7%
  4. Argentina – 8.3%
  5. Zimbabwe – 2.1%
  • The U.S. ranked 7th with 1.2% of the world’s lithium production.
  • In 2019, the world’s Top 5 lithium reserves by country were:
  1. Chile – 55.5% of the world’s total
  2. Australia – 18.1%
  3. Argentina – 11.0%
  4. China – 6.5%
  5. U.S. – 4.1%

Why is India looking for lithium?

  • India has been scouting for lithium reserves since the Centre’s push to boost the adoption of electric vehicles (EVs) in the country.
  • The ₹18,000 crore production-linked incentive scheme for advanced chemistry cell (ACC) battery storage, a flagship incentive scheme for the industry has kicked off.
  • However, the supply of lithium, which is largely an imported product, has declined.
  • With India being in a diplomatic tussle with China, the supplies from the neighbouring country have declined and India too is looking for other import avenues.

Why has the supply of lithium declined?

  • The supply of lithium has not been in line with the surge in demand from electric vehicle makers across the world.
  • China also is witnessing a mismatch between demand and supply, which has led to a rise in prices.

 

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Social Media: Prospect and Challenges

Social media platforms must be held accountable for subjugating rights: Centre to HC

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Read the attached story

Mains level: IT Rules 2021

The Centre told the Delhi High Court that social media platforms must be held accountable for “subjugating and supplanting fundamental rights like the right to freedom of speech and expression, otherwise the same would have dire consequences for any democratic nation”.

What is the news?

  • The Ministry’s submission came in response to a petition filed by a Twitter user whose account was suspended by the microblogging site for alleged violations of platform guidelines.
  • The Twitter user said his account was suspended for the reason of “ban evasion” (creating an account when a similar account was earlier banned).
  • The complainant said Twitter suspended his accounts without giving him an opportunity for a hearing.

Centre’s argument

  • The Centre said when a Significant Social Media Intermediary (SSMI) such as Twitter takes a decision to suspend the whole or part of a user’s account on its own due to its policy violation, it should afford a reasonable opportunity to the user to defend his side.
  • The exception, the Centre said, where the SSMIs could take such a decision include certain scenarios such as rape, sexually explicit material or child sexual abuse material, bot activity or malware, terrorism-related content etc.
  • If an SSMI fails to comply with the above, then it may amount to a violation of IT Rules 2021, the Centre clarified.
  • No platform or intermediary will be allowed to infringe upon the citizens’ rights, including but not limited to Articles 14, 19 and 21 guaranteed under the Constitution of India under the guise of violation of the platform’s policies unless it constitutes a violation of extant law in force.

What are the IT Rules 2021?

Why is this a matter of concern?

  • Social media platforms must respect the fundamental rights of the citizens and should not take down the account itself or completely suspend the user account in all cases.
  • Taking down the whole information or the user account should be a last resort.
  • Only in cases where the majority of the contents/posts/tweets on an account are unlawful, the platform may take the extreme step of taking down the whole information or suspending the whole account.

Conclusion

  • Hence it can be argued that undue discontinuance of social media accounts of any person is violative of fundamental rights guaranteed under Articles 14, 19 and 21.

 

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ISRO Missions and Discoveries

What is Project NETRA?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Project NETRA

Mains level: Space Debris

The Indian Space Research Organisation (ISRO) is building up its orbital debris tracking capability by deploying new radars and optical telescopes under the Network for Space Objects Tracking and Analysis (NETRA) project.

Project NETRA

  • The project will give India its own capability in space situational awareness (SSA) like the other space powers — which is used to ‘predict’ threats from debris to Indian satellites.
  • NETRA’s eventual goal is to capture the GEO, or geostationary orbit, scene at 36,000 km where communication satellites operate.
  • The initial SSA will first be for low-earth orbits or LEO which have remote-sensing spacecraft.
  • Under NETRA the ISRO plans to put up many observational facilities: connected radars, telescopes; data processing units and a control centre.
  • They can, among others, spot, track and catalogue objects as small as 10 cm, up to a range of 3,400 km and equal to a space orbit of around 2,000 km.
  • The NETRA effort would make India a part of international efforts towards tracking, warning about and mitigating space debris.

What NETRA consists of?

  • In the plans are a high-precision, long range telescope in Leh and a radar in the North East.
  • Along with them, we will also use the Multi-Object Tracking Radar (MOTR) that we have put up at the Satish Dhawan Space Centre in Sriharikota, and the telescopes at Ponmudi and Mount Abu to get a broad SSA picture.
  • NORAD, or the North American Aerospace Defense Command, is an initiative of the U.S. and Canada that shares selective debris data with many countries.
  • The new SSA centre would consolidate debris tracking activities that are now spread across ISRO centres.
  • Currently there are 15 functional Indian communication satellites in the geostationary orbit of 36,000 km; 13 remote sensing satellites in LEO of up to 2,000 km; and eight navigation satellites in medium earth orbits.

Why Space debris matters?

  • Space junk or debris consists of spent rocket stages, dead satellites, fragments of space objects and debris resulting from ASAT.
  • Hurtling at an average speed of 27,000 kmph in LEO, these objects pose a very real threat as collisions involving even centimetre-sized fragments can be lethal to satellites.
  • Last year, ISRO monitored 4,382 events in LEO and 3,148 events in the geostationary orbit where space objects closely approached Indian assets.
  • Fragments from the Fengyun-1C satellite (part of the anti-satellite test (ASAT) by China in 2007) and the Cosmos 2251-Iridium satellite collision in 2009 accounted for the maximum number of these threats.
  • The observations also covered 84 “close approaches of less than one km” between Starlink satellites and Indian assets.

Enhancing Space situational awareness (SSA)

  • India, as a responsible space power, should have SSA as a part of a national capability, as in the U.S. This is a vital requirement for protecting our space assets and a force multiplier.
  • The SSA has a military quotient to it and adds a new ring to the country’s overall security.
  • It uses satellites, ground and air radars to secure its two countries against attacks from air, space or sea.
  • With long-range tracking radars, the SSA also provides us the capability of an early warning system against ballistic missiles coming in at a height.
  • Apart from radars and telescopes, he said India should also think of deploying satellites that track other satellites — as the U.S. and other space powers had done.
  • Combined with other elements of military intelligence SSA would help us to understand motives behind any suspicious orbit changes of other satellites and to know if they were spying on or harming our spacecraft.

 

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