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  • India’s Bail System: Challenges and Prospects

    bail

    In the news

    • India’s bail system faces significant challenges, resulting in a large number of undertrials remaining in prison despite being granted bail.
    • The complexities of complying with bail conditions, especially for marginalized individuals, exacerbate the situation.

    Bail Provisions in India

    Description
    What is Bail? The conditional release of a defendant with the promise to appear in court when required. It also refers to the security deposit to secure the release of the accused.
    Types of Bail in India
    • Regular bail: Granted to a person in police custody, applied for under section 437 and 439 of CrPC.
    • Interim bail: Short-term bail granted before the hearing for regular or anticipatory bail.
    • Anticipatory bail: Granted under section 438 of CrPC by session court or High Court, to avoid potential arrest for a non-bailable offense.
    Case in Bailable Offences Section 436 states that accused of a bailable offence under IPC can be granted bail if:

    1. There’s reason to believe the accused didn’t commit the offence.
    2. There’s need for further inquiry.
    3. Accused isn’t charged with an offence punishable by death, life imprisonment, or up to 10 years’ imprisonment.
    Bail for Non-Bailable Offences Section 437 states that accused doesn’t have the right to apply for bail. Bail may be granted if:

    1. Accused is a woman or child.
    2. Lack of evidence.
    3. Delay in lodging FIR.
    4. Accused is gravely sick.

    Understanding the Crisis in Bail System

    • Overrepresentation of Undertrials: Over 75% of India’s prison population comprises undertrials, reflecting systemic inefficiencies in the bail system.
    • Judicial Reluctance: Chief Justice of India D.Y. Chandrachud highlighted a growing reluctance among trial judges to grant bail, leading to a situation where incarceration becomes the norm.
    • Bail Backlog: The backlog of bail applications further exacerbates the problem, prolonging the detention of undertrials awaiting trial.

    Judicial Acknowledgment and Guidelines

    • Supreme Court’s Observations: The Supreme Court acknowledged the ineffectiveness of India’s bail system in the case of Satender Kumar Antil vs CBI, emphasizing the principle of ‘bail not jail’.
    • Need for Legislative Action: The Court urged the enactment of separate legislation and laid down comprehensive guidelines to streamline bail procedures.
    • Delayed Disposal of Applications: Despite court directives, delays in the disposal of bail applications contribute to prolonged detention of undertrials.

    Empirical Assessment and Policy Reforms

    • Lack of Empirical Evidence: The absence of empirical data hampers efforts to understand the bail system’s challenges comprehensively.
    • Socio-economic Barriers: Bail laws disproportionately burden marginalized individuals, necessitating reforms based on a realistic assessment of the problem.
    • No Data-driven Reform: Policymakers should prioritize empirical research to inform evidence-based policy reforms aimed at addressing systemic inequalities.

    Safeguards and Adjudication Practices

    • Arrest Safeguards: Existing safeguards against arbitrary arrest often exclude vulnerable populations, contributing to the high proportion of undertrials.
    • Discretionary Adjudication: Courts exercise discretion in granting bail, but guidelines lack clarity on how socioeconomic factors influence bail decisions.
    • Recording Reasons for Bail Denial: Courts should be mandated to record detailed reasons for denying bail, promoting transparency and accountability in the adjudication process.

    Bail Compliance Challenges

    • Financial Hurdles: Many undertrials struggle to comply with bail conditions due to financial constraints and lack of local sureties.
    • Structural Disadvantages: Factors like lack of residence proof and family support further hinder undertrials’ ability to comply with bail conditions.
    • Support Mechanisms: Establishing support mechanisms to assist undertrials in navigating the bail process and fulfilling conditions can alleviate compliance challenges.

    Why bail needs reform?

    • Indiscriminate arrests: Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offense, being charged with offenses punishable for seven years or less.
    • Disadvantageous for some sections: They are not only poor and illiterate but also would include women. Thus, there is a culture of offense being inherited by many of them.
    • Colonial legacy: Theoretically, the court also linked the idea of indiscriminate arrests to magistrates ignoring the rule of “bail, not jail” to a colonial mindset.

    Way forward

    • No Flawed Assumptions: The current bail system operates on flawed assumptions about the accused’s socio-economic status, rendering ‘bail not jail’ meaningless for many.
    • Call for Bail Reform: Meaningful bail reform necessitates a reevaluation of these assumptions and a data-driven approach to diagnose systemic issues.
    • Holistic Approach: Reform efforts should adopt a holistic approach, addressing both procedural inadequacies and socio-economic barriers to ensure equitable access to bail.

    Conclusion

    • India’s bail system stands at a critical juncture, with an urgent need for reform to address systemic inefficiencies and ensure justice for all.
    • Empirical research, legislative action, and judicial scrutiny are essential components of a comprehensive reform agenda.

    Try this PYQ from CSE Prelims 2021:

    With reference to India, consider the following statements:

    1. Judicial custody means and accused is in the custody of the concerned magistrate and such accused is locked up in a police station, not in jail.
    2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

    [wpdiscuz-feedback id=”wwodi0ynqz” question=”Please leave a feedback on this” opened=”1″]Post your responses here.[/wpdiscuz-feedback]

  • Recently awarded GI Tags

    gi tag

    In the news

    • In the past week, many Geographical Indications (GI) Tags were awarded across the states of India.

    About GI Tag

    • A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
    • Nodal Agency: Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry
    • India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 w.e.f. September 2003.
    • GIs have been defined under Article 22 (1) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
    • The tag stands valid for 10 years.

    Recently Awarded GI Tags

    [1] Narasapur Crochet Lace Craft:

    Details
    Technique Handcrafted crochet lace-making using fine threads
    Design Intricate patterns and motifs inspired by nature and traditional motifs
    Uniqueness Known for delicate and intricate designs, used in sarees, dress materials, and home decor
    Economic Impact Provides livelihood to local artisans, enhances market value, protects against imitation
    Recognition GI tag promotes cultural heritage, supports economic empowerment of artisans

     

    [2] Mukha Shilpa of Majuli:

    Details
    Origin Majuli, Assam, the world’s largest river island
    Artform Traditional mask-making, also known as Mukha Shilpa
    Material Made from eco-friendly materials like bamboo, clay, and cloth
    Uniqueness Masks depict mythological characters, deities, and animals, preserving Assamese culture
    Cultural Significance Used in traditional Sattriya dance forms, rituals, and festivals
    Economic Impact GI tag promotes tourism, empowers local artisans, supports conservation efforts
    Conservation Efforts Recognition boosts efforts to preserve and promote this ancient art form

     

    [3] Traditional Tribal Attire ‘Risa’:

    Details
    Origin Tripura, northeastern state known for rich tribal culture
    Attire Traditional attire worn by Tripuri tribal women
    Fabric Handwoven cotton fabric with vibrant colors and intricate designs
    Uniqueness Unique weaving techniques and motifs representing tribal identity
    Cultural Heritage Integral part of Tripuri culture, worn during festivals and ceremonies
    Economic Impact GI tag enhances market visibility, supports livelihoods of weavers
    Preservation Efforts Recognition promotes preservation and revival of traditional weaving techniques

     

    [4] Riyawan Garlic (Madhya Pradesh):

    Details
    Origin Riyawan village in Ratlam district, Madhya Pradesh
    Variety Special type of garlic known for unique taste, aroma, and medicinal properties
    Cultivation Grown organically in fertile soil and favorable climate
    Uniqueness Distinct flavor and pungency, popular in culinary uses and Ayurvedic medicine
    Health Benefits Rich in antioxidants, believed to have medicinal properties for various ailments
    Economic Impact GI tag boosts local agriculture, provides economic opportunities to farmers
    Quality Assurance Recognition ensures authenticity and quality, protects against imitation

     

    [5] ‘Chandi Tarakasi’ or Silver Filigree:

    Details
    Origin Cuttack, Odisha, renowned for centuries-old silver filigree craftsmanship
    Craftsmanship Intricate art of twisting and curling thin silver wires to create delicate patterns and designs
    Utility Used in jewelry, utensils, decorative items, and souvenirs
    Uniqueness Unique designs reflecting Odia culture and heritage, passed down through generations
    Artistic Value Prized for craftsmanship and artistic appeal
    Economic Impact GI tag enhances market value, supports local artisans, promotes preservation of cultural heritage
    Cultural Heritage Recognition promotes preservation and continuation of traditional art form

     

    Try this PYQ from CSE Prelims 2018:

    Q.India enacted The Geographical Indications of Goods (Registration and Protection) Act, 1999 in order to comply with the obligations to-

    (a) ILO

    (b) IMF

    (c) UNCTAD

    (d) WTO

     

    [wpdiscuz-feedback id=”2u8zuekcwj” question=”Please leave a feedback on this” opened=”1″]Post your responses here.[/wpdiscuz-feedback]

  • Punjab-Himachal dispute over the Shanan Hydropower Project

    Shanan Hydropower Project

    In the news

    • A longstanding dispute between Punjab and Himachal Pradesh over the ownership of the Shanan hydropower project has escalated, leading to legal intervention by both parties.
    • As the 99-year-old lease of the project expired on March 2, the Centre has issued orders to maintain status quo until a final decision is reached.

    Shanan Hydropower Project and the Dispute

    • Location: It is located on the Uhl River, a tributary of the Beas River, in Mandi district, Himachal Pradesh, India.
    • British-era Lease: The 110-MW Shanan hydel project was leased to Punjab in 1925 by the then-ruler of Mandi, Raja Joginder Bahadur, under a 99-year lease agreement.
    • Competing Claims: Himachal Pradesh contends that the project should revert to its control upon the expiry of the lease, citing historical and legal grounds for its claim.
    • Economic Significance: The project has significant economic implications for both states, contributing to their power generation capacities and regional development.

    Punjab’s Claims over the Project

    • Historical Ownership: The project historically supplied power to undivided Punjab and Delhi before Independence, and it was allocated to Punjab during the reorganization of states in 1966.
    • Legal Basis: Punjab asserts its legal control over the project under the provisions of the Punjab Reorganisation Act, 1966, reinforced by a central notification issued in 1967.
    • Utilization of Resources: Punjab argues that it has invested in the maintenance and operation of the project, making it a vital component of its energy infrastructure.

    Legal Proceedings and Centre’s Intervention

    • Supreme Court Petition: Punjab has filed a suit in the Supreme Court, seeking a permanent injunction against Himachal Pradesh from disturbing its lawful possession of the project.
    • Interim Status Quo Order: The Centre, invoking its powers under relevant laws, has ordered the status quo on the project’s functioning until a final decision is made, emphasizing the public interest in maintaining stability.
    • Legal Interpretation: The interpretation of historical agreements and legislative acts will be pivotal in determining the rightful ownership of the project.

    Implications and Future Course of Action

    • Interim Measure: The Centre’s order is an interim measure to prevent disruption in the functioning of the Shanan Power House until the dispute is resolved.
    • Legal Framework: Both parties are expected to proceed further within the legal framework to settle the dispute, ensuring adherence to due process and fairness.
    • Regional Cooperation: A collaborative approach between Punjab and Himachal Pradesh, facilitated by federal authorities, could lead to a mutually beneficial resolution and promote inter-state harmony.

  • India’s first National Dolphin Research Centre finally a reality

    In the news

    • The inauguration of the National Dolphin Research Centre (NDRC) in Patna marks a significant step towards the conservation of the Gangetic Dolphin.
    • The NDRC aims to facilitate in-depth studies on various aspects of Gangetic dolphins, including behavior, survival skills, food habits, and mortality factors.
    • Led by Bihar Chief Minister Nitish Kumar, this pioneering institute promises to advance scientific understanding and foster conservation efforts for this iconic species.

    Key Facts about Gangetic Dolphin

    Details
    Discovery Platanista gangetica also known as the “Tiger of the Ganges,” was officially discovered in 1801.
    Habitat Historically distributed in major river systems of India, Nepal, and Bangladesh, including the Ganges-Brahmaputra-Meghna and Karnaphuli-Sangu.
    Features
    • Essentially blind, hunts by emitting ultrasonic sounds.
    • Frequently found alone or in small groups, usually with a calf.
    • Females larger, give birth once every 2-3 years.
    Importance
    • Indicator of river ecosystem health.
    • Designated National Aquatic Animal (2009) and State Aquatic Animal of Assam.
    Major Threats
    • Unintentional killing in fishing gear.
    • Poaching for dolphin oil.
    • Habitat destruction due to development and pollution.
    Protection Status
    • IUCN: Endangered
    • CITES: Appendix I
    • CMS: Appendix I
    • Indian Wildlife (Protection) Act 1972: Schedule I
    Government Initiatives

    Try this PYQ from CSE Prelims 2015:

    Which one of the following is the national aquatic animal of India?

    (a) Saltwater crocodile
    (b) Olive ridley turtle
    (c) Gangetic dolphin
    (d) Gharial

     

    [wpdiscuz-feedback id=”981av4h59u” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

  • Venice Biennale: The Olympics of the Art World

    Venice Biennale

    In the news

    • The Venice Biennale, revered as “the Olympics of the art world,” is set to unveil its 60th edition on April 20.
    • Under the theme “Stranieri Ovunque” or “Foreigners Everywhere,” curated by Adriano Pedrosa, the exhibition will feature 333 artists from around the world.

    What is the Venice Biennale?

    • Inception: Proposed by Venice’s city government in 1893, the Biennale aimed to commemorate the silver jubilee of King Umberto I and Queen Margherita of Italy.
    • Early Exhibitions: The inaugural exhibition in 1895 attracted over two lakh visitors, showcasing works by foreign and Italian artists without specific thematic constraints.

    Structure of the Venice Biennale

    • Central Pavilion: Serving as the focal point, the central pavilion hosts the main exhibition curated by the appointed curator, highlighting selected artworks.
    • National Pavilions: Representing individual countries, these pavilions feature curated exhibitions managed by respective ministries of culture, with India having participated officially since 1954.
    • Collateral Events: Independent exhibitions and events across Venice complement the Biennale, enriching the cultural landscape.

    India’s Journey at the Venice Biennale

    • Debut in 1954: India made its inaugural appearance with an exhibition organized by the Embassy of India in Rome, featuring eminent artists like M F Husain and Amrita Sher-Gil.
    • Subsequent Engagements: Indian artists have participated in various editions, with official pavilions organized in 2011 and 2019, showcasing diverse artistic expressions.
    • Continued Representation: In 2024, Indian artists will feature prominently in the central exhibition, alongside the Aravani Art Project, symbolizing India’s enduring presence on the global art stage.

  • Chakshu Platform launched against Spam Calls

    In the news

    • The Department of Telecommunications (DoT) introduced Chakshu, a new platform aimed at enabling telecom users to report fraud or spam callers.

    Chakshu Platform

    • Chakshu (meaning eyes), accessible at sancharsaathi.gov.in/sfc, empowers citizens to proactively report suspicious communications, as announced by the DoT.
    • The government will collaborate with private firms like Truecaller to improve the functionality of the platform.
    • The Telecom Regulatory Authority of India (TRAI) is also working on building an app for the ‘Chakshu’ platform.

    Features of the platform

    • Reporting Options: Users can report various types of frauds, including those related to bank accounts, payment wallets, SIM cards, gas and electricity connections, KYC updates, impersonation, and sextortion.
    • Enhanced Reporting Mechanism: Chakshu offers a comprehensive mechanism for reporting fraudulent activities, ensuring that telecom users can address a wide range of concerns.

  • A vaccine that prevents six cancers

    Pyq mains

    UPSC IAS/2017

    Stem cell therapy is gaining popularity in India to treat a wide variety of medical conditions including leukaemia, Thalassemia, damaged cornea and several burns. Describe briefly what stem cell therapy is and what advantages it has over other treatments? (10)
    Pyq pre 

     

    Cervical Cancer: Symptoms, Diagnosis & Treatment

    Why is it in the News?

    • Cervical cancer prevention, particularly through HPV vaccination, has gained attention recently due to several factors. January was observed as Cervical Cancer Awareness Month, drawing focus to the importance of combating this disease. Additionally, March 4 marked International HPV Awareness Day, further highlighting the significance of addressing HPV-related health issues.

    What is Cervical Cancer?

    • Cervical cancer is a type of cancer that affects the cervix, the lower part of the uterus. It is primarily caused by certain types of the Human Papillomavirus (HPV), which is transmitted through intimate contact.
    • If left untreated, cervical cancer can be life-threatening. It is a significant health concern worldwide, with a particularly high burden in lower- and middle-income countries. In India, cervical cancer is the second most common cancer among women, posing a substantial threat to public health.

    What is Human Papillomavirus (HPV)?

    • Human Papillomavirus (HPV) is a group of viruses that infect the skin and mucous membranes. It’s the most common sexually transmitted infection (STI) worldwide. HPV can cause various health issues, including genital warts and certain types of cancers.

    What Facts are explained in the article?

    • Prevalence and Impact: Cervical cancer claims the lives of over 300,000 women annually worldwide, with a disproportionate burden in lower-income countries.
    • Risk in India: With over 500 million women at risk, cervical cancer is a significant public health concern in India, second only to breast cancer.
    • Role of HPV Vaccination: HPV vaccination is identified as a crucial strategy for preventing cervical cancer. It targets the underlying cause of the disease by protecting against HPV infection.

    Strategies for Prevention of Cervical cancer

    • HPV Vaccination: Implementing widespread HPV vaccination programs, particularly targeting adolescent girls, can significantly reduce the incidence of cervical cancer. Vaccination should ideally occur before the onset of sexual activity to maximize effectiveness.
    • Screening for Precancerous Lesions: Regular screening for precancerous lesions, such as Pap smears or HPV DNA tests, can detect abnormalities early and allow for timely intervention. This is crucial for reducing the incidence of advanced-stage cervical cancer.
    • Education and Awareness: Increasing education and awareness about cervical cancer, HPV infection, and the importance of vaccination and screening are essential. This includes targeting healthcare professionals, policymakers, parents, and adolescents to dispel myths and misconceptions and encourage uptake of preventive measures.

    What are the Challenges?

    • Limited Access: HPV vaccination may not be widely accessible, particularly in lower-resourced communities, and is often available at a significant out-of-pocket cost.
    • Misconceptions Among Physicians: Some physicians underestimate the incidence and risk of cervical cancer, as well as the safety and effectiveness of HPV vaccines. This can lead to hesitancy in recommending vaccination to eligible individuals.
    • Parental Hesitancy: Misinformation and concerns about vaccine safety and efficacy among parents can contribute to hesitancy in vaccinating adolescents against HPV.
    Pap Smears
    Description: A screening procedure for cervical cancer involving collecting cells from the cervix to examine for abnormalities.
    Purpose: To detect precancerous or cancerous changes in cervical cells early for timely intervention and prevention.
    Procedure: Use of a speculum to visualize the cervix and collection of cells with a brush or spatula.
    Timing: Typically performed during routine gynecological exams, starting at age 21 or within 3 years of becoming sexually active.

    Facts about HPV Vaccination:

    • The HPV vaccine is safe and effective in preventing six HPV-related cancers, including cervical, vulvar, anal, vaginal, throat, and cervical cancers.
    • Vaccination is recommended for adolescents starting at age 9 years to maximize its effectiveness.
    • HPV vaccination is an essential component of the immunization schedule recommended by the Indian Academy of Pediatrics (IAP).

    Best Practices for HPV Vaccination and Cervical Cancer Prevention:

    • Effective Communication:
    • Provide clear and accurate information to parents about HPV vaccination.
    • Address concerns and misconceptions to ensure informed decision-making.
    • Timely Vaccination:
    • Recommend HPV vaccination for adolescents starting at age 9.
    • Encourage vaccination before sexual activity begins for maximum effectiveness.
    • Integration into Immunization Programs:
    • Advocate for inclusion in national immunization programs for widespread access.
    • Collaborate with policymakers to ensure equitable vaccine coverage.
    • Promotion of Regular Screening:
    • Emphasize the importance of cervical cancer screening for women over 30.
    • Encourage routine Pap smears or HPV DNA tests for early detection.
    • Physician Education:
    • Provide comprehensive training on HPV vaccination and cervical cancer prevention.
    • Equip healthcare professionals with updated guidelines and communication skills.

    In conclusion, the article emphasizes the importance of proactive measures to prevent cervical cancer, particularly through HPV vaccination and screening. It underscores the role of healthcare professionals, policymakers, and community stakeholders in addressing the challenges and ensuring equitable access to preventive interventions.

  • The Hindu Op-ed: Mountains of plastic are choking the Himalayan States 

    The Hindu Op-ed: Mountains of plastic are choking the Himalayan States 

    PYQ Relevance:

    Prelims:
    Q1. Recently, there was a growing awareness in our country about the importance of Himalayan nettle (Girardinia diversifolia) because it is found to be a sustainable source of [UPSC CSE 2019]

    a) Anti-malarial drug
    b) Biodiesel
    c) Pulp for the paper industry
    d) Textile fiber

    Q2. If the National Water Mission is properly and completely implemented, how will it impact the country? [UPSC CSE 2012]

    1. Part of the water needs of urban areas will be met through the recycling of wastewater.
    2. The water requirement of coastal cities with inadequate alternative sources of water will be met by adopting appropriate technologies that allow for the use of ocean water.
    3. All the rivers of Himalayan origin will be linked to the rivers of peninsular India.
    4. The expenses incurred by farmers for digging bore wells and for installing motors and pump sets to draw groundwater will be completely reimbursed by the Government.

    Select the correct answer using the codes given below:
    a) 1 only
    b) 1 and 2 only
    c) 3 and 4 only
    d) 1, 2, 3 and 4

    Mains:
    1. How can the mountain ecosystem be restored from the negative impact of development initiatives and tourism? ( UPSC CSE 2019)

    2. ‘Climate change’ is a global problem. How will India be affected by climate change? How Himalayan and coastal states of India are affected by climate change? (UPSC CSE 2017)

    3. Bring out the relationship between the shrinking Himalayan glaciers and the symptoms of climate change in the Indian subContinent. (UPSC CSE 2014)
    From The Hindu

    Note4Students:

    Mains: Biodiversity Conservation strategies;

    Prelims: Plastic Pollution; Himalayan Ecosystem;

    Mentor comments:Plastic pollution is widespread, reaching from mountaintops to ocean depths, even infiltrating human lungs and placenta. Microplastics, resulting from the breakdown of larger plastic items, are found in various environments like the Himalayan mountains, rivers, and lakes. Unscientific plastic disposal is causing soil and water pollution in the Indian Himalayan Region and impacting its biodiversity, which is having an adverse impact on the fresh water sources that communities downstream depend on. Empowering local bodies and creating the necessary infrastructure for waste management in the Indian Himalayan Region need immediate attention.

    Let’s Learn.

    Why in the News?

    Recently, the NGT issued notices to the MoEFCC, the Central Pollution Control Board (CPCB), and Himalayan states on waste dumping in eco-sensitive areas by tourists and commercial establishments. 

    What do the Recent Reports reveal about Himalayan Plastic Pollution?

    • The Himalayan Clean up that was conducted by the Integrated Mountain Initiative with Zero Waste Himalayas and the National Productivity Council of India’s waste audit results (2023) showed that 92.7% of trash was plastic, with 72% of waste being non-recyclable plastic.
    • The Social Development for Communities Foundation highlighted towns drowning in plastic waste, prompting notices from the National Green Tribunal to address waste dumping in eco-sensitive areas.

    About the recent Plastic Waste Crisis and the Changing Consumption Patterns:

    • Rapid Urbanization: Unplanned urbanization and altered production-consumption patterns contribute significantly to the plastic waste crisis in the Indian Himalayan Region. Local communities face challenges due to poor waste management practices, impacting their health and environment.
    • Tourism Impact: The surge in tourist numbers exacerbates the plastic waste issue, with over 400 million tourists visiting Uttarakhand and Himachal Pradesh since 2010. Plastic waste is found extensively in the region, affecting wildlife like Greater adjutant storks in Assam and causing pollution in rivers such as the Nambul in Manipur.

    Legal Mandate for Waste Management in the Indian Himalayan Region:

    Regulatory Framework:

    • Solid Waste Management Rules (SWM) 2016: Forms part of the regulatory framework for plastic waste management in India, emphasizing waste segregation at source.
    • Plastic Waste Management (PWM) Rules 2016 and Extended Producer Responsibility (EPR) 2022: Comprise the legal mandate for plastic waste management at the country level, with a focus on waste segregation and disposal.

    State Initiatives:

    • Himachal Pradesh and Sikkim Laws: Both states have enacted special laws banning plastics, with Himachal Pradesh implementing a buy-back policy for non-recyclable plastics.
    • Mizoram and Tripura: Mizoram has made by-laws under PWM, while Tripura has enacted municipal by-laws and established a State-level task force to combat single-use plastics.

    What are the Challenges being faced during Implementation?

    • Waste Segregation and Management Issues:
      • Mandate for Segregation: SWM/PWM/EPR collectively mandate waste segregation at the source, including different types of plastics, for effective disposal.
      • Reality Check: Despite the requirement on paper, landfills are overwhelmed with mixed waste, indicating a gap between policy and practice.
    • Implementation and Local Bodies:
      • Lack of By-laws: Only few states and local bodies have enacted necessary by-laws to implement waste management mandates effectively.
      • Power Devolution: Unclear collaboration mandates between local bodies and producers, importers, and brand owners (PIBOs) hinder effective waste management.
    • Infrastructure Challenges:
      • Deficient Infrastructure: Inadequate infrastructure impedes waste management efforts, leading to landfill overflow and environmental pollution.
      • Hill Areas Neglect: While SWM recognizes hill areas’ special needs, these considerations are often overlooked in mandates for local bodies and PIBOs under PWM and EPR.

    Way Forward:

    • Addressing Data gaps: Closing data gaps on waste generation, utilizing existing schemes like Swachh Bharat Mission and Finance Commission grants, and leveraging initiatives such as the Swachh Bharat Kosh Trust and Atal Mission for Rejuvenation and Urban Transformation (AMRUT) can bolster waste management efforts in the region.
    • Allocating Resources: Empowering local bodies, establishing necessary infrastructure, promoting waste segregation through public education, and considering the unique challenges of mountain waste management are essential steps.
    • Supporting Biodiversity: Ensuring geographical fairness in Extended Producer Responsibility (EPR) targets and valuing EPR certificates in the region can incentivize proper waste processing. Collaboration among various schemes like Smart Cities can further advance scientific waste management practices in the Indian Himalayan Region.
    How to start UPSC 2025 preparation from scratch? Phase-wise strategy by AIR 62, Vaishnavi Paul, IAS

    References:

    https://www.thehindu.com/opinion/lead/mountains-of-plastic-are-choking-the-himalayan-states/article67910881.ece

    https://eprewastecpcb.in/

    https://lib.icimod.org/record/33878

    https://www.business-standard.com/india-news/plastic-garbage-becoming-threat-in-himalayan-regions-environment-scientist-123052700111_1.html

    https://www.sciencedirect.com/science/article/abs/pii/S0048969723011117

  • Plans for Non-Lapsable Defence Modernization Fund put on hold

    In the news

    • The Ministry of Defence (MoD) had informed Parliament recently a separate mechanism by the Ministry of Finance in consultation with the MoD to explore a special dispensation to operationalize a “Non-lapsable Defence Modernisation Fund” because the non-lapsable pool has drawbacks as it affects parliamentary scrutiny and accountability.

    About Non-Lapsable Defence Modernisation Fund (DMF): 

    • The DMF aims to create a dedicated pool of funds that carry over from year to year, ensuring that unutilized funds are retained for future defence modernisation initiatives. Currently, defence funding in India operates on a yearly basis, with unspent funds being returned at the end of each fiscal year.
    • The dedicated Modernisation Fund is intended to supplement regular budgetary allocations and provide certainty in funding for various defence capability development and infrastructure projects.

    Recommendation by XV Finance Commission

    • The 15th Finance Commission proposed a dedicated Modernisation Fund for Defence and Internal Security.
    • It said the Union may constitute in the Public Account of India, a dedicated non-lapsable fund, Modernisation Fund for Defence and Internal Security (MFDIS).

    About the Public Account of India

    • The Public Account of India was constituted by Article 266(2) of the Indian Constitution which states that “All other public moneys received by or on behalf of the Government of India or the Government of a State shall be credited to the public account of India or the public account of the State, as the case may be.”
    • These funds are used to manage transactions where the government serves as a banker, such as provident funds, small savings, and other deposits. 
    • The Comptroller and Auditor General (CAG) is responsible for auditing all expenditures from the Public Account of India.
    • Withdrawal or utilization of money can only occur for specific purposes authorized by law or parliamentary approval, ensuring proper allocation and utilization of funds.

     Need for Non-Lapsable Funds:

    • Addressing Budgetary Limitations: Yearly budget allocations lead to the surrender of unutilized funds, hindering defense modernization efforts.
    • Creating Certainty: Non-lapsable funds offer certainty in funding availability, promoting stability and continuity in modernization initiatives.
    • Enhancing Flexibility: These funds provide flexibility for addressing unforeseen contingencies and promoting long-term planning.

    Significance of Non-Lapsable Funds:

    • Certainty and Continuity: Non-lapsable funds offer assurance of funding for defence modernisation, eliminating the need for frequent requests for additional funds and ensuring continuity in project execution.
    • Flexibility: These funds provide flexibility in utilization, allowing for the allocation of resources to unforeseen requirements or contingencies that may arise during the year.
    • Long-term Planning: By allowing funds to carry over across fiscal years, non-lapsable funds facilitate long-term planning for defence modernization projects, promoting systematic and strategic development.

    Challenges and Considerations

    • Parliamentary Scrutiny: Establishing a non-lapsable fund may raise concerns about reduced parliamentary scrutiny and accountability over defense spending.
    • Operational Modalities: Determining the sources of funding and operational modalities for the DMF require careful consideration to ensure effectiveness and transparency.
    • Interagency Coordination: Coordination between the Ministry of Defence and the Ministry of Finance is essential for the successful implementation of the fund.

    Conclusion

    • The proposal for a Non-Lapsable Defence Modernisation Fund represents a proactive approach to addressing the challenges associated with defence funding in India.
    • While the concept offers several potential benefits, its implementation requires careful deliberation and collaboration between key stakeholders to ensure accountability, transparency, and optimal utilization of resources in support of national security objectives.

    Try this PYQ from CSP 2014:

    Q.With reference to Union Budget, which of the following, is/are covered under Non-Plan Expenditure?

    1. Defence-expenditure
    2. Interest payments
    3. Salaries and pensions
    4. Subsidies

    Select the correct answer using the code given below:

    (a) 1 only

    (b) 2 and 3 only

    (c) 1, 2, 3 and 4

    (d) None

    [wpdiscuz-feedback id=”299adksz0k” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

  • Possible Uptick in Hangul Population in Kashmir

    hangul

    In the news

    • Kashmir’s Hangul, a shy and endangered species of deer, has exhibited a robust breeding season, suggesting a hopeful future for its population in the Dachigam National Park.
    • The Hanguls population could surpass 300 this spring, marking the first time in over 30 years.

    About Hangul (Kashmir Stag)

    Details
    Scientific Name Cervus hanglu
    Habitat Dense riverine forests in high valleys and mountains of Jammu and Kashmir, northern Himachal Pradesh
    Geographic Range Endemic to Kashmir and surrounding areas
    Distribution
    • Primarily found in Dachigam National Park;
    • Small population in Overa-Aru Wildlife Sanctuary
    Conservation Status
    • IUCN: Critically Endangered
    • CITES: Appendix I
    • Wildlife (Protection) Act, 1972: Schedule I (highest level of protection)

    Threats to Hanguls

    • Predator Concerns: Hangul faces threats from predators like leopards and Asiatic Black Bears, necessitating further research and monitoring.
    • Environmental Challenges: Drying drainages and snowless glacial areas in Dachigam raise concerns about habitat sustainability, highlighting the impact of climate change.

    About Dachigam National Park

    • DNP boasts diverse flora and fauna, encompassing deep valleys, rocky outcrops, wooded slopes, and alpine pastures.
    • Spanning altitudes from 1600 m to 4200 m above sea level, the park is divided into upper and lower regions, each harboring unique ecosystems.
    • The park is home to a plethora of plant species, including wild cherry, pear, plum, walnut, oak, pine, and elm, fostering a biodiverse ecosystem.
    • Apart from hangul, the park supports a variety of wildlife, including musk deer, brown bears, leopards, Himalayan black bears, jungle cats, and species of wild goats like markhor and ibex.

    Try this PYQ from CSP 2012:

    Which one of the following groups of animals belongs to the category of endangered species?

    (a) Great Indian Bustard, Musk Deer, Red Panda and Asiatic Wild Ass

    (b) Kashmir Stag, Cheetal, Blue Bull and Great Indian Bustard

    (c) Snow Leopard, Swamp Deer, Rhesus Monkey and Saras (Crane)

    (d) Lion-tailed Macaque, Blue Bull, Hanuman Langur and Cheetal

    [wpdiscuz-feedback id=”6naow7100o” question=”Please leave a feedback on this” opened=”1″]Post your responses here.[/wpdiscuz-feedback]