Daily Current Affairs

2024

Current Affairs

Basics of Antibiotics

Context: The National Centre for Disease Control (NCDC) recently found that over half of the nearly 10,000 hospital patients surveyed for a study were given antibiotics to prevent, rather than treat, infection. The survey mapped patients treated on one to five days each at 20 tertiary care institutes across 15 States and two Union Territories between November 2021 and April 2022.

It found that 55% of the patients surveyed were prescribed antibiotics as prophylaxis, or as a preventive; only 45% were prescribed antibiotics to actually treat infections; and of them, only 6% were prescribed the drugs after identifying the specific bacteria. This is worrying as India carries one of the largest burdens of drug-resistant pathogens worldwide. Are antibiotics being over-prescribed in India?

Antibiotics are indispensable weapons in the battle against bacterial infections, operating through intricate mechanisms to disrupt bacterial growth and survival. Their remarkable effectiveness lies in the ability to selectively target key components of bacterial biology while sparing human cells.

How do antibiotics function? 

  • Cell Wall Inhibition:
    • These antibiotics exert their influence by obstructing the formation of the bacterial cell wall. Bacteria maintain structural integrity through a rigid cell wall, and when this synthesis is impeded, the osmotic balance is disrupted, ultimately leading to the rupture of bacterial cells.
  • Protein Synthesis Inhibition:
    • They interferes with bacterial protein synthesis. Specifically, it binds to the bacterial ribosomes, hindering the elongation of the protein chain. This disruption compromises the bacteria's ability to produce essential proteins, stunting their growth and reproductive capabilities.
  • DNA/RNA Synthesis Inhibition:
    • Ciprofloxacin, a fluoroquinolone, targets bacterial DNA gyrase and topoisomerase IV, enzymes crucial for DNA replication and repair. By inhibiting these enzymes, the antibiotic prevents bacterial DNA from unwinding and replicating, impeding the bacteria's ability to divide and proliferate.
  • Metabolic Pathway Disruption:
    • This method disrupts the synthesis of tetrahydrofolic acid, an essential component in bacterial metabolism. Without this crucial co-factor, the bacteria are unable to synthesize nucleic acids and amino acids, leading to their demise.
    • Example: Trimethoprim
  • Disruption of Cell Membrane Function:
    • These set of anitbiotics disrupt bacterial cell membranes. They bind to the lipopolysaccharides in the outer membrane of Gram-negative bacteria, causing permeability changes and leakage of cellular components. This disruption compromises the structural integrity of the bacteria, leading to cell death.
    • Example: Polymyxins
  • Selective Toxicity and Human Cells:
    • The beauty of antibiotics lies in their selective toxicity, targeting processes unique to bacteria. This selectivity minimizes harm to human cells, allowing antibiotics to be potent against bacterial infections while sparing the host.

Are antibiotics effective against viruses?

  • No, antibiotics are not effective against viruses. Antibiotics specifically target bacteria and work by interfering with essential bacterial processes, such as cell wall synthesis, protein synthesis, DNA replication, or metabolic pathways. Viruses are fundamentally different from bacteria in structure and function.
  • Viruses are not classified as living organisms because they lack the cellular structures and metabolic processes that antibiotics typically target. Antibiotics do not have a direct impact on viral replication or infection.
  • Antiviral medications are used to treat viral infections. These drugs target specific steps in the viral life cycle, such as viral entry into host cells, replication, and release. Common examples of antiviral medications include oseltamivir (Tamiflu) for influenza and acyclovir for herpes viruses.

It is crucial to use the correct type of medication for the specific type of infection. Inappropriate use of antibiotics for viral infections can contribute to antibiotic resistance and is generally ineffective against the viral pathogens. Always consult a healthcare professional for proper diagnosis and treatment of infections.

What is antimicrobial resistance (AMR) and how did India reach this stage?

  • AMR is defined as resistance of micro-organisms to an antimicrobial agent to which they were first sensitive. The present serious concern about AMR is that multiple types of bacteria, particularly in the Indian context — E. coli, Klebsiella, Acinetobacter, Staphylococcus aureus, enterococcus — have even become resistant to some of the latest generation antibiotics. Patients who get infections with these resistant strains of bacteria have a higher possibility of poorer health outcomes due to the resistance.

How did we reach at this situation?

  • First, the inappropriate use of antibiotics in non-bacterial infections, both because of prescribing practices and the use of over-the-counter antibiotics. 
  • Second, inadequate laboratory facilities to inform clinicians rapidly about what would be an appropriate antibiotic even in bacterial infections, based on cultures. So, most clinicians are shooting in the dark. 
  • Third, the lack of adequate training in antibiotic selection, escalation, and de-escalation. 
  • Fourth, inadequate monitoring of AMR and control of antibiotic prescription and dispensing practices by health systems in spite of repeated warnings. 
  • And fifth, the incentivisation of prescribing practices by the pharmaceutical industry.
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Cell Wall Inhibition

Example: Penicillin

image 48

Protein Synthesis Inhibition

Example: Erythromycin

image 10

DNA/RNA Synthesis Inhibition

Example: Ciprofloxacin

AMR is not a stand-alone entity. 

  • The rate of AMR is directly proportional to steady and strong governance, infrastructure, sanitation, poverty, access to clean drinking water, etc. 
  • So, in a country with high AMR, reducing consumption of medicines alone will not make any significant change in the rate of resistance. 
  • While rationalising antibiotics is indeed important not just from the AMR perspective but also as a patient safety measure, other factors such as sanitation in hospitals, basic access to personal hygiene and infection control, are vital. 
  • COVID-19 taught us the importance of small steps, such as washing our hands and wearing a mask when in public, to counter a huge threat. Fighting AMR needs us to start with these basic steps.

Demand to officially list Bengali as a ‘classical language’

Context: West Bengal Chief Minister has formally requested the Prime Minister to designate Bengali as a ‘classical language’.

More about the news: 

  • The Chief Minister has highlighted the historical roots of Bengali, citing scientific research conducted by the state team, which traces the language's origins back 2,500 years. 
  • Documents from the research demonstrate the existence of written Bengali as early as the 3rd-4th BCE.
  • Bengali, as the official language of West Bengal and the second most spoken language in India, holds the seventh position globally in terms of speakers.
  • The language maintains its fundamental syntactic structure, distinct morphological and phonological patterns, and has evolved consistently since the 3rd BCE

Classical Language Status: 

  • The term ‘Indian classical languages,’ or Shastriya Bhasha, encompasses languages in India with a rich history, significant antiquity, and a distinct literary heritage.
  • The Republic of India officially designated six languages as Classical languages.
  • The Indian government established criteria for conferring the status of a ‘Classical Language,’ a decision implemented by the Ministry of Culture in collaboration with the Linguistic Experts' Committee. This committee, formed by the government, evaluates requests for classifying languages as Classical Languages.
  • All the Classical Languages are listed in the Eighth Schedule of the Constitution.

To be recognized as a ‘Classical Language,’ a language must satisfy the following criteria:

  • Demonstrated high antiquity of its early texts or a recorded history spanning 1500–2000 years.
  • Possession of a body of ancient literature or texts considered valuable heritage by successive generations of speakers.
  • Originality of the literary tradition, not borrowed from another speech community.
  • Distinctiveness between the classical language and literature from its modern counterparts, potentially involving a discontinuity.

Languages granted Classical Language status:

  • Tamil: 
    • Tamil is predominantly spoken in the southern part of India.
    • Recognized as a classical language in 2004, Tamil boasts a vibrant literary tradition spanning over two millennia, with Sangam literature being a notable collection of ancient Tamil works
  • Sanskrit:
    • An ancient classical language in India, Sanskrit originated in the Vedic era.
    • Officially recognized as a classical language on January 26, 2005, it holds sacred status in Hinduism, Buddhism, and Jainism.Sanskrit is characterized by well-defined grammar, an extensive vocabulary, and has significantly influenced various Indian languages.
  • Telugu:
    • Widely spoken in the Indian state of Andhra Pradesh, Telugu achieved official recognition as a classical language in India in 2008.
    • With ancient origins, Telugu poetry is renowned for its lyrical beauty, and its script is considered one of the oldest writing systems globally.
  • Kannada:
    • Serving as the official language of Karnataka, Kannada has a history spanning over 2,000years.
    • Officially recognized as a classical language in India in 2008, Kannada has been shaped by ancient poets like Pampa, Ranna, and Harihara, contributing significantly to its cultural heritage.
    • The Kannada script, derived from the ancient Brahmi script, features unique characters.
  • Malayalam:
    • Primarily used in the state of Kerala in southern India, Malayalam's history dates back to the ninth century.
    • Recognized as a classical language in 2013, it is believed to have evolved from Proto-Tamil-Malayalam and has made significant contributions to literature, art, and music.
  • Odia:
    • Spoken primarily in the state of Odisha, Odia has origins dating back over 2,500 years, evolving from Prakrit and Sanskrit.
    • Officially recognized as a classical language on February 20, 2014, the Indian Government acknowledged its historical, literary, and cultural importance.

Benefits of Classical Status: 

  • Two major international awards annually for distinguished scholars in Classical Indian Languages.
  • Establishment of a 'Centre of Excellence for Studies in Classical Languages.'
  • Requesting the University Grants Commission to initiate, initially in Central Universities, a designated number of Professional Chairs for Classical Languages for eminent scholars in Classical Indian Languages. 

People’s manifesto for a just, equitable, and sustainable India

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Context: In December, 85 people’s movements and civil society organisations released a ‘People’s Manifesto for a Just, Equitable and Sustainable India’.

Note: These suggestions can be articulated as a way forward when addressing topics such as inclusive growth, sustainable development, and government policy reform.

For accountability and transparency: 

  • Provide public support to independent media in various forms, including by making state-sponsored platforms on TV, radio, and others truly independent.
  • Initiate processes that make information access free, or easier (through better connectivity) in places usually neglected, considered ‘remote’ or disconnected.
  • Establish an independent statutory licensing and regulatory authority relating to media, free from government influence.
  • A comprehensive policy and law to ensure accountability and transparency of all institutions of the state, political parties, corporations, financial institutions, and media houses.

For Law, Justice, and Customs: 

  • Ensure the independence and integrity of Central Bureau for Investigation and Enforcement Director.
  • Abolish capital punishment.
  • Repeal the Unlawful Activities Prevention Act, 1967, the National Security Act, the sedition clause under IPC, and other similar laws and legal provisions.
  • Prioritise measures of redressal, rehabilitation, and behavioural change over conventional forms of punishment such as imprisonment.
  • Facilitate a healthy relationship between formal, statutory law and social norms and customs, each enabling or checking the other in the interest of justice, equity, fairness, and sustainability.

For democracy:

  • Full democratic rights to gram sabhas and urban area/mohalla sabhas, including financial and legal powers, and mandatory prior informed consent for any activities affecting them especially related to land use. 
  • Promote internal democracy and transparency within all organisations and institutions, including civil society groups.
  • Enact a law mandating social audits and mechanisms for citizen oversight to ensure that all welfare programmes.
  • Promote the autonomy and transparency of constitutional bodies, statutory bodies, and quasi-judicial bodies by establishing procedures that guarantee impartiality in appointments, ensuring transparency in the selection procedure, composition and deciding terms of service to prevent undue influence.

For society, culture, and peace:

  • Promote forums of inter-community understanding and dialogue, towards resolution of conflicts and promotion of peaceful co-existence, especially in areas prone to tension and conflict.
  • Encourage initiatives aimed at sustaining and promoting harmony and mutual respect among communities of different ethnicities, faiths, cultures, languages, beliefs and ideologies (for instance by encouraging collective inter-community celebrations in various festivals), and take immediate action against those who incite or promote hate, intolerance, misinformation.
  • Ensure women’s safety and dignity, countering sexual violence of various kinds, through inculcation of gender education in pedagogies from childhood.
  • Encourage democratic flourishing of the arts and sports, removing caste, class and gender discriminations embedded in some of them, making them accessible to all, and ensuring independence of public institutions promoting them. 

For Environment, Ecology, and Climate:

  • Facilitate independent studies to establish the ecological limits and carrying capacity of the country, and of regions within it, and publicise the results widely.
  • Set up a National Environment Commission, with independent Constitutional status akin to the Election Commission and the CAG, to lay down standards, monitor compliance by state and other agencies, and provide a redressal forum for citizens.
  • Ensure that at least 5% of the national and state budgets are dedicated to the environment related problems.
  • Revisions of the National and State Action Plans on Climate Change, and Disaster plans, to fully support vulnerable sections cope with and adapt to the climate crisis and other disasters.
  • Framing of national land/water use plan and policy, through widespread consultation, for conservation of ecosystems and the commons, wildlife and biodiversity, ensuring collective rights to communities dependent on them (e.g. laws similar to the Forest Rights Act, for rivers, marine areas, grasslands, etc).
  • Budgeting for a country-wide programme of localised land/soil and water regeneration oriented at creating sustainable natural resource assets for local community economies.
  • Replacement of all chemicals and other substances that are harmful to human or ecosystem/animal health, by ecologically sensitive substances.
  • Mandatory environmental and social impact assessments of projects, programmes, schemes and sectors, through independent agencies, with full participation of affected communities, and ensure at least a full year of ecological assessments. 

For health and hygiene: 

  • Give high priority to preventing ill-health in the first place, by improving social determinants of health such as nutritional food, water, sanitation, mental well-being, a clean environment, safe transport, and a healthy social environment;
  • Ensure at least 3% of the GDP is dedicated to the health.
  • Programmes to ensure conditions for healthy living and health services for all.

For food, water and energy:

  • Ensuring universal access to adequate, safe food and water, and energy, through ecologically sensitive, decentralized, and democratic means. 
  • All food production through organic, biologically diverse methods, giving priority to small farmers, pastoralists and fishers.
  • Decentralized water harvesting and management by communities.
  • Decentralized energy production including rooftop and on-farm methods.
  • Treat all water and waterbodies as public commons, not available for privatisation; add a Constitutional provision and legal measures to this effect.
  • Create awareness about the importance and value of the diversity of cuisines and diets in India, promoting ‘slow food’ and diverse nutritious foods such as millets over junk food.
  • Recognise the rights of waterbodies, including rivers and lakes, as entities in their own standing, following on the recognition of the rights of Rivers Ganga and Yamuna by the Uttarakhand High Court.

For economy and technology: 

  • Enable the re-localisation of production and exchange, in all sectors where it is possible and feasible, and especially in the provisioning of basic needs, with the long-term aim of creating self-reliant.
  • Strongly regulate the private corporate sector to eliminate labour and environmental exploitation.
  • Replace GDP as the measure of economic well-being with multi-dimensional, qualitative-quantitative measures that including material, socio-cultural, ecological well- being aspects.
  • Strengthen fiscal decentralisation and federalism, enabling greater fiscal autonomy for States and local self-governments in revenue generation and economic decision-making.
  • Specific measures to reduce gross economic inequalities, including caps on salary levels, basic minimum income and employment guarantee for the most vulnerable, pension for all workers in the primary sector, high taxation on income, wealth and inheritance of the rich, restraints on luxury and wasteful consumption, and steps to curb the enormous ‘black economy’. 
  • Reservation for micro/small/medium scale, especially handmade, of all products/services that can be made through community-based producer collectives (such as textiles, footwear, household goods).

For livelihoods and employment: 

  • Extend the Employees State Insurance Act (ESI) provisions to all workers, including unorganised workers.
  • Highest priority to agriculture, crafts, and small manufacturing at decentralized levels, and ecological regeneration.
  • Extension of MNREGS and other employment security schemes to urban areas. 

For Learning, Education, and Knowledge:

  • Create greater learning spaces for adults, with a diversity of creative approaches;
  • Facilitate the use of different communication and teaching modes, including arts, crafts, theatre, dance, and others.
  • Re-orient teacher training institutions and processes.
  • Allocate at least 6% of the GDP to learning and education.
  • Amend the Right to Education Act to enable a greater diversity of innovating learning environments to flourish, while ensuring minimum quality standards.
  • Encourage equitable cross-fertilisation and collaboration between modern and traditional, scientific, and non- scientific, formal, and informal, and urban and rural spheres of knowledge.
  • Promote initiatives making knowledge as part of the ‘commons’ rather than a privately owned or controlled commodity, including support to open source, creative commons, and other such systems.
  • Promote respect for various forms of transmitting knowledge, including traditional forms such as oral methods and storytelling.

For global relations:

  • Engage in widespread global dialogue re-examining notions of ‘nation-state’ and emphasising relations amongst ‘peoples’ of the world including through restructuring the United Nations to provide central say to non-state collectives and communities;
  • Re-establish India’s global role as a champion of human rights, peace and demilitarisation, and ecological sustainability. 

For empowerment and facilitation of India’s youth: 

  • Promote and nurture youth led, youth-centric organisations and empowerment centers at various levels.
  • Ensure widespread youth participation particularly from vulnerable communities in formulating, implementing and monitoring all laws, policies, plans and schemes;
  • Significantly increase participation of youth led and youth centric organisations in government schemes like NSS and NYKS to enhance life skills and core capacities of young people along with ongoing volunteering processes;
  • Set up youth empowerment centers for each cluster of settlements, that offer counselling, sports, recreation facilities and career guidance facilities that are focused on alternative livelihoods.
  • Establish a statutory youth commission for guiding and implementing youth related policies.

For Transportation and Mobility:

  • Give highest priority to sustainable, accessible and equitable means of transportation in both urban and rural areas, with highest priority to mass public transport (especially buses) and non-motorized means (cycling, walking); these should ensure last-kilometre connectivity for persons with disabilities and senior citizens;
  • Disincentivise private motorised vehicles, especially the automobile, with heavy taxation, areas/timing that are off-limit to them, and minimal road space;
  • Institute a cap on the speed of road traffic for safety and to optimise energy use.

For urban settlements:

  • Make ecological and social impact assessments, and area/ward/neighbourhood participation, mandatory for all urban planning and budgeting processes.
  • Encourage and incentivise sustainable construction, architecture and housing that is dignified and accessible for all.
  • Initiate measures to maximise local, distributed generation of energy, water harvesting and responsible use, and other basic needs of urban residents, minimising long-distance transmission, and the negative footprint of cities on rural areas.
  • Integrate biodiversity into urban planning, by conserving natural ecosystems, maximising indigenous vegetation including in plantations, and providing migration corridors.

Benoy K Behl’s show reveals the hidden gems of the Ajanta Caves to the world

Context: Carved into a horseshoe-shaped cliff along the Waghora River in Maharashtra, the 29 Ajanta caves hold a rich collection of rock-cut architecture and exquisite mural paintings. Benoy K Behl, a filmmaker, art historian, and photographer, illuminates these treasures in his ongoing exhibition, "Lost Ancient Art Revealed!" at the India International Centre (IIC).

About Ajanta Caves:

Ajanta Caves to the world
  • Situated in the Sahyadri ranges along the Waghora river near Aurangabad in Maharashtra, Ajanta comprises a series of rock-cut caves.
  • Of the total 29 caves, 25 served as Viharas or residential caves, while the remaining 4 functioned as Chaitya or prayer halls.
  • These caves were developed during the period spanning from 200 B.C. to 650 A.D.
  • Buddhist monks, supported by the Vakataka kings, particularly notable among them being Harishena, inscribed the Ajanta caves.
  • The figures within these caves were created using fresco painting, showcasing a remarkable level of naturalism.
  • The thematic focus of the paintings predominantly revolves around Buddhism, depicting scenes from the life of Buddha and Jataka stories.
  • Among the 29 caves, five were developed during the Hinayana phase, while the remaining 24 were created during the Mahayana phase of Buddhism.
  • References to the Ajanta caves can be found in the travel accounts of Chinese Buddhist travelers Fa Hien and Hieun Tsang.
  • Notable sculptures from the Ajanta Caves include:
    • Mahaparinirvana of Buddha in Cave No. 26.
    • Depiction of a Naga king and his consort in Cave No. 19.
Depiction of a Naga king and his consort in Ajanta cave

About Ajanta Cave Paintings: 

  • The Ajanta Cave Paintings, among the oldest murals in the Indian subcontinent, were intricately carved from volcanic rocks.
  • Notably, murals in cave no. 9 and 10 belong to the Sunga period, while the remaining caves date back to the Gupta period.
  • Common themes range from Jataka stories to the life of Buddha, incorporating elaborate decorative patterns of flora and fauna. The walls are adorned with graceful poses of both humans and animals.
  • The medium of painting involved the use of vegetable and mineral dyes, with red ochre outlining the figures and contours in shades of brown, black, or deep red.
  • Notable paintings at Ajanta include scenes from the Jataka stories depicting the Buddha's former lives as a bodhisattva and the life of Gautama Buddha.
  • Cave 1 showcases paintings of various Bodhisattvas in a tribhanga pose, including Vajrapani, symbolizing Buddha's power, Manjusri as a manifestation of Buddha's wisdom, and Padmapani (Avalokitesvara) representing Buddha's compassion.
  • Additionally, Cave 16 features the depiction of the Dying Princess, while scenes from the Shibi Jataka and Matri-Poshaka Jataka narratives unfold in other caves, illustrating profound moral tales from ancient Indian folklore.

FOREIGN DONATIONS AND ITS REGULATION

Context: Ministry of Home Affairs which is the nodal ministry for administration of FCRA Act registered 1,111 NGOs and associations enabling them to receive foreign donations. This is the highest number of FCRA registrations since 2014. Registration under FCRA is mandatory to receive foreign donations. The NGO must have a definite cultural, economic, educational, religious, or social program to get registered under the FCRA Act.

 FCRA has been contentious for NGO sector as 6,000 NGOs have been de-registered from January 1, 2022, by the Ministry of Home Affairs. This curbed funding for these NGOs to receive funding forcing them to scale down their operations. 

BASICS OF FCRA

Applicability of FCRA 

  • As per Section 1(2) of FCRA, 2010, the provisions of the act shall apply to: 
    • Whole of India 
    • Citizens of India outside India.
    • Associate Branches or subsidiaries, outside India, of companies or bodies corporate, registered or incorporated in India

Entities that can make foreign contribution

  • Any “Person” can receive foreign contribution subject to following conditions.
    • It must have a definite cultural, economic, educational, religious,  or social program. 
    • It must obtain FCRA registration/prior permission from Central Government, specifically Ministry of Home Affairs. 
    • It must not be prohibited under Section 3 of FCRA, 2010.

Entities prohibited under FCRA to receive FCRA

  • As defined in Section 3(1) of FCRA, 2010, the following are prohibited to receive foreign contribution: 
    • Candidate for election. 
    • Correspondent, columnist, cartoonist, editor, owner, printer, or publisher of a registered newspaper. 
    • Judge, Government servant or employee of any corporation or any other body controlled or owned by the Government. 
    • Member of any legislature. 
    • Political party or office bearer thereof. 
    • Organization of a political nature as may be specified by the Central Government.
    • Association or company engaged in the production or broadcast of audio news or audio-visual news or current affairs programmes through any electronic mode, or any other electronic form or any other mode of mass communication.
    • Correspondent or columnist, cartoonist, editor, owner of the association or company referred to in point (g). 
    • Individuals or associations who have been prohibited from receiving foreign contribution. 

Permission to accept Foreign Contribution

  •  There are two modes of obtaining permission to accept foreign contribution according to FCRA, 2010: 
    • Registration 
    • Prior Permission

Eligibility criteria for grant of registration

  • For grant of registration under FCRA, 2010, the association should: 
    • Be registered under an existing statute like the Societies Registration Act, 1860 or Indian Trusts Act, 1882 or Companies registered under Section 8 of the Companies Act, 2013 for Charitable Purposes 
    • Normally be in existence for at least 3 years and has undertaken reasonable activity in its chosen field for the benefit of the society for which the foreign contribution is proposed to be utilized. 

Eligibility criteria for grant of prior permission

  • Prior permission is granted for receipt of a specific amount from a specific donor for conducting specific activities/projects. For this purpose, the association should meet following criteria: 
    • Be registered under an existing statute like the Societies Registration Act, 1860 or the Indian Trusts Act, 1882 or section 25 of the Companies Act, 1956 etc. 
    • Submit a specific commitment letter from the donor indicating the amount of foreign contribution and the purpose for which it is proposed to be given; and 
    • For Indian recipient organizations and foreign donor organizations having common members, FCRA Prior Permission shall be granted to the Indian recipient organizations subject to it satisfying the following:      
    • The Chief Functionary of the recipient Indian organization should not be a part of the donor organization. 
    • At least 75% of the office-bearers/ members of the Governing body of the Indian recipient organization should not be members/employees of the foreign donor organization. 
    • In case of foreign donor organization being a single person/individual that person should not be the Chief Functionary or office bearer of the recipient Indian organization.
    • In case of a single foreign donor, at least 75% office bearers/members of the governing body of the recipient organization should not be the family members and close relatives of the donor.    

Conditions to be met for Grant of Registration and Prior Permission

  • In terms of Sec.12 (4) of FCRA, 2010, the following shall be the conditions for the grant of registration and prior permission: 
    • The 'person' making an application for registration or grant of prior permission- 
      • is not fictitious or benami. 
      • has not been prosecuted or convicted for indulging in activities aimed at conversion through inducement or force, either directly or indirectly, from one religious faith to another. 
      • has not been prosecuted or convicted for creating communal tension or disharmony in any specified district or any other part of the country. 
      • has not been found guilty of diversion or mis-utilization of its 
      • is not engaged or likely to engage in propagation of sedition or advocate violent methods to achieve its ends. 
      • is not likely to use the foreign contribution for personal gains or divert it for undesirable purposes. 
      • has not contravened any of the provisions of this Act. 
      • has not been prohibited from accepting foreign contribution. 
      • the person being an individual, such individual has neither been convicted under any law for the time being in force nor any prosecution for any offence is pending against him. the person being other than an individual, any of its directors or office bearers has neither been convicted under any law for the time being in force nor any prosecution for any offence is pending against him. 
    • Acceptance of foreign contribution by association/ person is not likely to affect prejudicially. 
      • the sovereignty and integrity of India. 
      • the security, strategic, scientific, or economic interest of the State. 
      • the public interest. 
      • freedom or fairness of election to any Legislature. 
      • friendly relation with any foreign State. 
      • harmony between religious, racial, social, linguistic, regional groups, castes, or communities. 
    • the acceptance of foreign contribution 
      • shall not lead to incitement of an offence. 
      • shall not endanger the life or physical safety of any person.

Need for Foreign Contribution (Regulation) Amendment Act, 2020

  • Increase in Annual Flow of Income: Annual inflow of foreign contribution had almost doubled between the years 2010 and 2019. However, many recipients of foreign contribution have not utilized the same for the purpose for which they were registered or granted prior permission under the said Act.     
  • Lack of Compliance such as submission of annual returns and maintenance of proper accounts. Due to this, the Central Government had to cancel certificates of registration of more than 19,000 recipient organisations, including non-Governmental organisations, during the period between 2011 and 2019.
  • Criminal investigations due to misappropriation of funds by NGOs was initiated against dozens of such non-Governmental organisations which indulged in outright misappropriation or misutilization of foreign contribution.  
  • Need to strengthen compliance mechanism, enhancing transparency and accountability in the receipt and utilisation of foreign contribution worth thousands of crores of rupees every year.
  • Facilitate genuine NGOs or associations who are working for the welfare of the society.  

Foreign Contribution (Regulation) Amendment Act, 2020 provides for    

  • Include "public servant" within its ambit, to provide that no foreign contribution shall be accepted by any public servant. 
  • Prohibit any transfer of foreign contribution to any association/person. 
  • Reduce the limit for defraying administrative expenses from existing "fifty per cent" to "twenty per cent.
  • Insertion of a new Section 12A empowering the Central Government to require Aadhaar number, etc., as identification document. 
  • Enabling the Central Government to permit any person to surrender the certificate granted under the Act. 
  • Ensure that every person who has been granted certificate or prior permission under section 12 shall receive foreign contribution only in an account designated as ‘‘FCRA Account’’ which shall be opened by him in such branch of the State Bank of India at New Delhi, as the Central Government may, by notification, specify and for other consequential matters relating thereto.  

Supreme Court Judgement upholding FCRA Amendment 2020

Supreme court has upheld the amendment to the FCRA Act in 2020. There was challenge from parties that the amendment is constraining and seems to constrain freedom of NGOs sector to draw foreign aid and constrains their operation. 

  • Strict Regulatory Framework: The amendments only provide a strict regulatory framework to moderate the inflow of foreign funds into the country.
  • Uncontrolled flow of money may Impact socio-economic structure: The presence/inflow of foreign contribution in the country ought to be at the minimum level, if not completely avoided. The influence may manifest in diverse ways, including in destabilizing the social order within the country,
  • NGOs must look within for donors: The court said charity could be found at home and NGOs could look within the country for donors.
  • Foreign Donation Not Good for a Self-Reliant Country like India: The third-world countries may welcome foreign donations, but it is open to a nation, which is committed and enduring to be self-reliant and variously capable of shouldering its own needs, to opt for a policy of complete prohibition of inflow/acceptance of foreign donation from a foreign source.
  • Reflects Badly on the Country: Unregulated inflow of foreign donations would only indicate that the government was incapable of looking after its own affairs and needs of its citizens. 
  • Unregulated foreign funding strains government’s efforts in regulation: The court noted how 19,000 certificates of registration under the FCRA were cancelled for violating statutory compliances. The annual inflow of foreign contribution had almost doubled between the years 2010 and 2019. There was a spurt of criminal investigations. Donations had been re-routed. Successive transfers and creation of a layered trail of money had made it difficult to trace the flow and final utilisation of foreign donations despite the “firm regime” in place since 2010.
  • The amendments do not prohibit inflow of foreign contributions but are a regulatory measure to permit acceptance by registered persons or persons having prior permission to do so with condition that they must themselves utilise the entire contribution.
  • Restrictions are Reasonable: The court held that the restrictions in the amendments were “reasonable” and “founded on intelligible criteria”. It fixed accountability on the recipients, increased the efficacy of “continual supervision” over foreign contributions, did not discriminate and served the purpose of the FCRA 2010. 
  • Court allowed use of Indian Passport instead of Aadhaar: The court read down one of the provisions - Section 12(A) of 2020 Amendment Act, which mandated the production of Aadhaar card for registration. The Bench allowed the office-bearers of NGOs to use their Indian Passports as an identification document.

Concerns against FCRA Amendment

  • UN Human Rights Council in its Resolution 22/6 on Protecting Human Rights Defenders declared that “no law should criminalize or delegitimize activities in defence of human rights on account of the origin of funding”.   
  • UN Special Rapporteur on Assembly and Association has clarified that controls in laws should not “unduly obstruct the legitimate work” and need to be “fair, objective and non-discriminatory, and not be used as a pretext to silence critics”.
  • Fail to comply with International Legal Obligations: ICJ claimed that FCRA Amendment fails to comply with India’s international legal obligations and constitutional provisions to respect and protect the rights to freedom of association, expression, and freedom of assembly. 
  • Impose Arbitrary Obstacles by the Government: ICJ stressed that the Bill’s provisions would impose arbitrary and extraordinary obstacles on the capacity of human rights defenders and other civil society actors to conduct their important work. 
  • Against Civil Societies in India: ICJ noted that the restrictions in the Bill continued a larger pattern of threats and harassment faced by civil society in India. The Indian Government has sought to restrict human rights defenders from traveling outside India and used overbroad laws like sedition (Section 124A, Indian Penal Code) and Unlawful Activities Prevention, 1967 Act to arbitrarily arrest human rights defenders.  
  • Restrict Access to Foreign Funding: FCRA 2020 provides for overly broad rules and measures which would effectively restrict access to foreign funding particularly for public servants and smaller non-governmental organizations. 
  • Adds government’s oversight: Adds onerous governmental oversight, additional regulations and certification processes, and operational requirements, while simultaneously reducing the limit of administrative expenditure that can be allocated to foreign contributions to 20% from previous 50%.

Importance of NGOs for National Development

  • Key Drivers of inter-governmental negotiations ranges from regulation of hazardous wastes to a global ban on land mines and the elimination of slavery. 
  • Promotes legal reforms pushes government to undertake important reforms through legislations affecting rights and services for vulnerable sections of the society.
  • Helps in Capacity Building and filling development deficit in diverse sectors health, education, environment awareness, social inclusion, skill enhancement etc. 
  • Helps alleviation of Poverty & Hunger 
  • Supplements electoral democracy by updating governments regularly of public opinion in favour of certain issues or concerns on certain welfare schemes. 
  • Ensures Community Participation by raising awareness on important national, Regional or Local Issues helps to strengthen participatory democracy in India. 
  • Helps government to understand challenges of industry eg: Finance Ministry organize sessions with FICCI, IFCI to understand concerns and challenges of different industrial sector.
  • Competition among civil societies is beneficial and productive for citizens & government.  
  • Provides platform for vulnerable sections to raise their voice eg concerns of prostitutes, LGBT, HIV victims, victims of custodial torture, manual scavenging, Dalit violence. 
  • Ensures Women Empowerment by providing livelihood measures. 

Criticism of NGOs

  • Unnecessary PIL filed in Courts without sufficient evidence. This has led to an increase of PIL culture in the High Courts & Supreme Court.
  • Promote Vested Interests of groups whom they wish to support. 
  • Some NGOs involved in misuse of foreign funding received under FCRA.  
  • Create additional pressure on the government by providing misleading arguments. 
  • Cannot be said to be truly democratic as they represent small section of the society including those who fund their functioning. 

The Central Consumer Protection Authority (CCPA)

Context:  The Union Ministry of Consumer Affairs recently discussed draft guidelines to protect consumer rights and prevent false or misleading advertisements violating the Consumer Protection Act, 2019. This follows instances of coaching institutes using misleading ads to attract job and entrance exam aspirants. The Central Consumer Protection Authority (CCPA) had previously taken suo moto action against such misleading ads, issuing notices to 31 coaching institutes and imposing fines on 9 for their misleading advertisements.

The committee responsible for formulating these guidelines is led by the Secretary of the Department of Consumer Affairs, in collaboration with the Chief Commissioner of CCPA. Other members of the committee consist of the Commissioner (CCPA) and representatives from various organizations such as the Department of Personnel & Training (DoPT), Ministry of Education, National Law University (NLU) in Delhi, FIITJEE, Khan Global Studies, Ikigai Law, and several others.

The draft guidelines state that

  • Misleading Advertisement Situations under Consumer Protection Act 2019: The Guidelines specify situations in which an advertisement from a coaching institute can be considered misleading under the Consumer Protection Act 2019. This includes situations where important information about the courses chosen by successful candidates (whether free or paid), as well as the course duration, is concealed.
  • Prohibited Claims by Coaching Institutes: Coaching institutes shall not make 100 per cent selection or 100 per cent job guaranteed or guaranteed preliminary or mains with regards to the UPSC exam process.
  • Mandatory Details in Promotional Advertisements: The guidelines also specify the necessary details that must be included in promotional advertisements alongside photos of successful candidates. Coaching institutes must provide information about the candidate's ranking, the chosen course, the course duration, and whether it was a paid or free course.
  • Applicability to All Coaching Institutes: Once finalised, the guidelines will be applicable to all the coaching institutes, whether online or physical and cover all forms of advertisement regardless of form, format or medium.
  • Penalties for Misleading Advertisements: The penalty for misleading advertisements by the coaching sector will be governed as per Consumer Protection Act, 2019 and the guidelines will be issued to provide clarification to the stakeholders

About Central Consumer Protection Authority

  • Central Consumer Protection Authority is an authority provided by the Consumer Protection Act, 2019 which was to be notified by the Central Government.
  • Aim: to regulate unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers as a class.
  • Composition: CCPA consists of a Chief Commissioners and Commissioners who are appointed by Central Government.
    • CCPA has an investigation wing headed by Director General for conducting inquiry or investigation under the Consumer Protection Act, 2019.
    • District Collector may, on a complaint or a reference made to him by CCPA or Commissioner of a regional office, inquire into or investigate complaints regarding violation of rights of consumers as a class, violation of consumer rights, unfair trade practices and false or misleading advertisements, within his jurisdiction and submit his report to CCPA or Commissioner of a regional office.
  • Functions of Central Consumer Protection Authority are:
    • Protect, promote and enforce rights of consumers as a class and prevent violation of consumer rights under the Consumer Protection Act, 2019.
    • Prevent unfair trade practices and ensure that no person engages himself in unfair trade practices.
    • Ensure that no false or misleading advertisement is made of any goods or services which contravenes the provisions of Consumer Protection Act, 2019.
    • Ensure that no person takes part in publication of any advertisement which is false or misleading.
    • Inquire or investigate into violations of consumer rights or unfair trade practices, either suo moto or on a complaint or on directions of central government.
    • File complaints before District Commission, State or National Commission as the case may be under the Consumer Protection Act, 2019.
    • Intervene in any proceedings before district, State or National Commission in respect of any allegation of violation of consumer rights of unfair trade practice.
    • Review matters relating to inhibition of enjoyment of consumer rights and recommend remedial measures for their effective implementation.
    • Recommend adoption of international covenants and best international practices on consumer rights to ensure effective enforcement of consumer rights.
    • Undertake and promote research in the field of consumer rights.
    • Spread and promote awareness on consumer rights.
    • Encourage NGOs and other institutions working in the field of consumer rights to cooperate and work with consumer protection agencies.
    • Mandate the use of unique and universal goods identifiers in such goods to prevent unfair trade practices and to protect consumers’ interest.
    • Issues safety notices to alert consumers against dangerous or hazardous or unsafe goods or services.
    • Advise Ministries and Departments of Central and State Governments on consumer welfare measures.
    • Issue necessary guidelines to prevent unfair trade practices and protect consumers’ interest. 

Selection Process for Republic Day Parade Tableaux

Context:  India's Republic Day celebrations would be lacking their full vibrancy without the captivating tableaux parading down Kartavya Path (formerly known as Rajpath). These tableaux, adorn with a multitude of colours, serve as a magnificent display of India's extensive and diverse cultural heritage, infusing the grand occasion with an extra dose of splendour.

image 44

How Republic Day tableaux are chosen?

Q. Who can send tableaux to the Republic Day parade?

  • According to a Ministry of Defence (MoD), each year, a select number of “State Governments/UT Administrations/Central /Ministries/Departments” send their tableaux to the Republic Day parade.
  • There is a rigorous application process which begins with interested parties submitting a concept note, along with design blueprints to the MoD.
  • The deadline for submissions to participate in this year’s parade was November 10, 2023.

How does the selection process work?

  • The tableaux proposals received are evaluated by a committee of experts appointed by the MoD, comprising prominent persons in the field of art, culture, painting, sculpture, music, architecture, choreography, etc.
  • The selection process happens in a phased manner.
  • STAGE 1 involves the assessment of the initial proposals and the design sketch/blueprint. The Committee sits alongside official representatives of the participants and suggests modifications, if necessary. A number of proposals may be rejected in this stage itself. 
  • STAGE 2 involves assessment of three-dimensional models of the proposals. If the Committee is satisfied with the model, then the tableau is selected and further sent for fabrication. The Committee can also suggest changes to models before selection.
  • Crucially, while the process is envisioned to be collaborative, the Committee has the final say on which tableaux are chosen and can order any modifications they feel are required. 

What is the basis of selection?

  • Selection depends upon a combination of factors including but not limited to visual appeal, impact on the masses, idea/theme of the tableaux, degree of detailing involved in the tableaux, music accompanying the tableaux, local artists used etc.
  • Each year, the MoD comes up with an overarching theme, under which, participants can showcase elements relevant to their respective state/UT/department in their tableaux.
  • This year’s theme is “Viksit Bharat” (Developed India) and “Bharat: Loktantra ki Matrika” (India: the Mother of Democracy).
  • The Defence Ministry also shares the basic guidelines about what all the tableaux can or should include.
  • The participating entities must engage
    • young qualified designers from renowned institutions
    • electronic display walls for a bright display of images or content
    • moving elements using robotics or mechatronics
    • 3D printing could be used for certain elements
    • use of augmented or virtual reality
    • special effects to improve the optics and visual effects of the tableau
    • Extra weightage is given to tableaux which conform to these guidelines.
    • Importantly, the tableaux of two different states/ UTs must not be too similar
    • Eco-friendly material must be used for their construction.

As Republic Day approaches this year, there is a growing dispute between the Central government and several states ruled by the Opposition regarding the refusal of their proposed tableaux. Up to this point, Punjab, Karnataka, Delhi, and West Bengal have all expressed their discontent with the rejection of their respective tableaux.

Snow Leopards -Darjeeling Zoo

Context: Darjeeling zoo started a conservation breeding programme nearly four decades ago.; it now has the largest number of snow leopards in captivity in the world. 

Snow Leopard

image 43
  • Scientific name of Snow Leopard is Panthera uncia
  • They are also called the 'ghosts of the mountains'.
  • The snow leopard is the state animal of Himachal Pradesh.
  • The snow leopard's fur is white to brown and has black spots around its head and neck.
  • It preys on Himalayan Blue Sheep, Himalayan Tahr, Tibetan Argali and Himalayan Ibex etc.
  • Snow leopards are sparsely distributed in 12 countries of Central Asia, from southern Russia to the Tibetan Plateau, including Mongolia, China, Afghanistan, Pakistan, India and Nepal.
  • In India, it is found in Jammu and Kashmir, Ladakh, Uttarakhand, Arunachal Pradesh, Sikkim and Himachal Pradesh.
  • Accommodation Type: Forests, shrubs, grasslands, rocky areas
image 8

Conservation Status:

  • Appendix I: Convention on International Trade in Endangered Species (CITES)
  • Schedule I: Wildlife (Protection) Act 1972
  • IUCN Status: - 'Vulnerable'

National and International Efforts for the Protection of Snow Leopards: -

Indian Efforts: 

  • Project Snow Leopard (PSL): The project was launched in 2009 to promote an inclusive and participatory approach to the conservation of snow leopards and their habitat.

International Efforts: -

  • On the Bishkek Declaration for the conservation of snow leopards by 12 'Snow Leopard' Range Countries (Afghanistan, Bhutan, China, India, Kazakhstan, Kyrgyzstan, Mongolia, Nepal, Pakistan, Russia, Tajikistan and Uzbekistan) in 2013
  • During this, the 'Global Snow Leopard and Ecosystem Protection' (GSLEP) program was also launched. India is a signatory to the programme.

About Darjeeling Zoo

  • Official name of Darjeeling Zoo is Padmaja Naidu Himalayan Zoological Park (PNHZ).
  • It is located in the town of Darjeeling in the Indian state of West Bengal.
  • The zoo has been a pioneer for conservation breeding of endangered Eastern Himalayan Species in India.
  • The first ex-situ conservation breeding program started in 1986 as a Snow Leopard conservation breeding project.
  • The Red Panda project was started in 1990. In 2003-04 the park released 4 female Red Pandas into the Singalila National Park. This was the first reintroduction programme for the species in the world and was immensely successful.
  • The park also includes 3 conservation breeding centers, Old Conservation Breeding Center, Conservation Breeding Center at Topkeydara, Satellite Zoo at Dowhill.
  • The zoo has been a part of the World Association of Zoos and Aquarium (WAZA) and Zoological Information Management System (ZIMS) since 2009.
  • The zoo was awarded the “Royal Bank of Scotland Earth Hero Award” as recognition for its efforts towards in-situ and ex-situ conservation, in 2014.
  • In the year 2022, the Central Zoo Authority of India (CZA) ranked PNHZ Park First in all categories among all zoos in the country.

World Association of Zoos and Aquarium

  • WAZA is the global alliance of regional associations, national federations, zoos, and aquariums, dedicated to the care and conservation of animals and their habitats around the world. 
  • WAZA has formed partnerships with leading international conservation organizations, committing its members to tackle global issues such as the illegal wildlife trade, coral‑reef restoration, marine litter, sustainable palm oil and climate change.
  • It was founded in 1935. 

Central Zoo Authority of India

  • It was established as a statutory body under the Ministry of Environment & Forest in the year 1992.
  • It was established under the Wildlife (Protection) Act 1972.
  • The main objective is to complement and strengthen the national efforts in conservation of the rich biodiversity of India, particularly the fauna as per the National Zoo Policy of 1988.
    • Enforcing the minimum standards and norms for upkeep and healthcare of animals in Indian Zoos and to control the mushrooming of unplanned and ill-conceived zoos.

SC Quashes release of 11 convicts in Bilkis case

Context: Supreme court bench has quashed the order of Gujarat Government to grant remission of 11 convicts sentenced to life imprisonment for multiple murders and gang rapes, including that of Bilkis Bano, during the 2002 communal riots in Gujarat.

The Supreme Court recently quashed the remission of 11 convicts whose life imprisonment sentence was given by a special court and upheld by the Bombay High Court. They were later released by the Gujarat government under its remission policy, sparking a debate about the criminal justice system of India. In this article, we will discuss the analysis of the above issues in the following article.

Facts and timeline of the case:

  • 2002: Bilkis Bano was raped, and her family members murdered in the Gujarat Riots of 2002.
  • 2003: Supreme Court ordered an enquiry into the matter.
  • 2008: a special court convicted 11 men and sentenced them to life imprisonment.
  • 2017: Bombay HC upholds sentence
  • May 2022: Supreme Court directs Gujarat government to consider the plea for premature release under the remission policy of State of Gujarat 1992.
  • August 2022: As per governments remission policy, 11 convicts were released from Godhra sub jail.
  • November 2022: Bilkis moves Supreme Court challenging the remission.
  • December 2022: Court dismisses her plea stating that State of Gujarat was the appropriate government competent enough to examine the application of premature release.
  • 2023: Court notice to Union and Gujarat Govt. on review filed by Bilkis Bano challenging the remission.
  • 2024: Court quashes remission to 11 convicts.

Regarding Remission:

Remission implies the executive’s power to reduce the period of sentence without reducing its character. For example, a sentence of rigorous imprisonment of 3 years can be remitted to rigorous imprisonment of 2 years.

Remission is rooted in the logic that, ultimately, prisons are meant to be rehabilitative spaces rather than simply being an instrument to carry out retributive punishment.

About Prison Rules: Prison is a State subject which allows the state government to frame prison rules. As a result, prison rules of each State identify certain reformative and rehabilitative activities that the prisoners can undertake in order to earn remission in the form of days. The total number of days earned in remission is deducted from the actual sentence imposed by the court. 

Constitutional provisions with respect to remission:

  • Article 72: The President has the power to pardons, reprieves, respites, or remission of punishment or to suspend remit or commute the sentence of any person convicted of any offence.
  • Article 161: Power of the Governor to pardon, reprieve, respite a punishment or suspend, remit, or commute the sentence, which is given on the basis of the laws prevalent in the State, to which the executive power of the State extends. 
  • Code of Criminal procedure: Section 432 of Code of Criminal Procedure 1973 deals with the issue of remission. It reads-

Section 432. Power to suspend or remit sentences. — (1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence, or remit the whole or any part of the punishment to which he has been sentenced.  

Further, sub section (7) of Section 432 defines “appropriate Government” it reads: 

 (7) In this section and in section 433, the expression “appropriate Government” means, —

(a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government. 

(b) in other cases, the Government of the State within which the offender is sentenced, or the said order is passed.

Concepts related to pardoning powers:

  • Pardon: It removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments and disqualifications. 
  • Commutation: It denotes the substitution of one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to a simple imprisonment. 
  • Remission: It implies reducing the period of sentence without changing its character. For example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year. 
  • Respite: It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender. 
  • Reprieve: It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President.

As evident from the above provision, the executive has been given significant discretion in granting remission, leading to potential transparency issues in decision-making process. To formalise the process of granting remission and ensure that justice is not carried out arbitrarily, the Supreme Court, in the Laxman Naskar case, specified that the committee should consider certain factors while upholding individual cases of remission. The decision should be based on the following factors:

i. Whether the offence is an individual act of crime without affecting society at large?

ii. Whether there is any chance of future recurrence of committing a crime?

iii. Whether the convict has lost his potentiality in committing a crime?

iv. Whether there is any fruitful purpose in confining this convict anymore?

v. Socio-economic condition of the convict’s family.

Supreme Court on the Judicial Review of the order of Remission 

In Epuru Sudhakar vs State of Andhra Pradesh (2006) case, the Supreme Court dealt with issue of the judicial review of an order of remission and said that the review will be available only in the following cases:

•       When there is a non-application of mind.

•       Relevant materials have not been considered.

•       The order is mala fide or based on irrelevant considerations or suffers from arbitrariness.

Supreme Court observations in the context Bilkis Bano Case:

  • Violation of law: The Supreme Court said the grant of remission to 11 men serving life sentence in the Bilkis Bano case was a “classic case” of using a Supreme Court order to violate the law.
  • Defrauded Supreme Court: SC observed that it was defrauded into delivering its decision on May 13, 2022. The respondents had not divulged a series of facts which would have tilted the Supreme Court’s decision against them.
  • Act of misrepresentation of facts: May 2022 decision suffered from a misrepresentation made by a convict that there was a “divergence in opinion” between the Bombay and Gujarat High Courts. Gujarat High Court order of March 13, 2020, refused remission and reiterated its 2019 position to approach the Maharashtra government was never challenged or set aside.
  • State of Gujarat acted in tandem with complicit: Court observed that the State of Gujarat acted in tandem and was complicit with what the respondent had sought before this court.
  • Application of mind while granting remission: Court observed that there should be an application of mind on the remission application to eliminate discretionary en masse release of convicts on ‘festive’ occasions. Each release requires a case-by-case scrutiny.
  • The grant of remission should be well-informed, reasonable, and fair to “all concerned”.
  • Outline factors before granting remission: Court has given a brief outlining of the factors a state government should consider while entertaining the remission application of a convict.
  • Opinion of trial judge must be sought: The opinion of the presiding trial judge should be mandatorily sought and only the State in which the convict was convicted would be competent under Section 432 to consider the remission plea. 
  • The policy of remission applicable at the time of the conviction could apply, and only if for any reason, the said policy cannot be made applicable, a more benevolent policy, if in operation, could apply.

Judgement:

  • State is bound by rule of law: Rule of law means, no one, however high or low, is above the law; it is the basic rule of governance and democratic polity.
  • Rule of law must prevail: If ultimately rule of law is to prevail and the disputed orders of remission are set-aside by us, then the natural consequences must follow. Therefore, the released persons are directed to report to the concerned jail authorities within two weeks from the date of judgement.

The rule of law and equality before the law would be empty words if their violation is not a matter of judicial scrutiny. But, a blanket denial of remission for crime categories, rather than ensuring effective compliance with remission conditions, takes us towards a punishment framework that is retributive. Therefore, a balanced approach that promotes justice while upholding a reformative approach towards the citizen is the need of the hour.

Importance of International Law

Context: The state of international law is a contentious one. Some scholars doubt the relevance of International Law, while others uphold the importance of the same despite the challenges it faces. Israel’s bloody war in Gaza has caused unprecedented death and destruction in the backdrop of Russia’s brazenly illegal invasion of Ukraine. These two wars have led many to pronounce the death of international law, especially the rule prohibiting the use of force in international relations under Article 2 (4) of UN Charter.

Importance of International Law

  • International law matters because, through its argumentative practices, it has the potential to hold those who wield public power accountable for their conduct. For Example South Africa moved the International Court of Justice (ICJ) alleging that Israel’s conduct in Gaza violates the Convention on the Prevention and Punishment of the Crime of Genocide and this pushes countries and actors to explain their conduct. For example, the Israel Defence Forces have tried to explain how their military offensive is consistent with international law.
  • Even if there is no universal compliance with international law, especially international humanitarian law, there is a universal aspiration towards compliance.

UN Charter Article 1 and 2

Articles 1 and 2 of the Charter of the United Nations outline the purposes and principles of the United Nations. 

Article 1 (2) establishes that one of the main purposes of the United Nations, and thus the Security Council, is to develop friendly international relations based on respect for the “principle of equal rights and self-determination of peoples”. 

 Article 2 (4) of the Charter prohibits the threat or use of force and calls on all Members to respect the sovereignty, territorial integrity and political independence of other States.

Defining International Law:

It can be defined as a set of guidelines which regulates the interaction between governments and international entities. These International laws has played a crucial role in advancing global peace, justice, and human rights.

India’s position on International Law:

  • India is actively participating in the International Legal System, it is signatory to various international treaties and conventions along with United Nations plus associated agencies.
  • India’s position in international law is determined by the values of sovereignty, territorial integrity, non-interference in internal affairs, respect for human rights and peaceful conflict resolution. 
  • India has also made changes to its internal legal system to advance human rights by passing laws on labour rights, environmental protection, against violence towards women etc and for its implementation has made the judicial system more robust.

Challenges faced by International Law

  • Inadequate Enforcement Mechanisms: The efficacy of the international legal system is compromised by lax enforcement, as certain governments neglect their duty to uphold international laws without facing consequences. The absence of a robust enforcement mechanism undermines the authority and credibility of the international legal system. Additionally, the limited authority agreements signed by states with the International Court of Justice (ICJ) and the reluctance of powerful states to endorse the Rome Statute, establishing the International Criminal Court (ICC), further weaken the enforcement framework.
  • Lack of a Unified Global Regulatory System: The world grapples with the absence of a comprehensive global regulatory framework, resulting in overlapping and conflicting international regimes. The clash between entities such as the World Trade Organization (WTO) and the United Nations Framework Convention on Climate Change (UNFCCC), each with distinct aims, principles, and goals, contributes to confusion and inefficiency in addressing global challenges.
  • Marginalized Voice of Developing Nations: Developing nations confront challenges in actively participating in international affairs due to limited capacity and resources. This marginalization leads to a disregard for their interests and concerns, fostering a perception of bias in favour of developed Western countries within international institutions and laws.
  • Harmonizing State Sovereignty with Globalization: The concept of state sovereignty, enshrined in the UN Charter, occasionally impedes successful international cooperation. The escalating cross-border activities propelled by globalization underscore the need for periodic updates to international laws to keep pace with evolving global dynamics.
  • Geopolitical Dynamics Among Great Powers: Power politics significantly influences the effectiveness of international law. Dominant global players manipulate international legal frameworks to favour their interests and those of their allies. Criticism has been directed at the United States, for instance, for leveraging its influential position to reshape international trade regulations at the expense of less developed states.

Way Forward:

  • Strengthening International Institutions: International Laws will be as strong as the international institutions and their implementing mechanism. Thus there is a need to enhance the implementing mechanism of the UN, ICJ, ICC and WTO at the earliest.
  • Increased representations: There is a need for increased representation of weaker and smaller states in international institutions in order to overcome power disparities. This can be done by giving these states more chances to participate in decision-making processes.
  • Promoting dialogue and negotiations: There is a need to promote more discussion and negotiation between states and non-state entities in order to enhance international law.
  • Focus on Human Rights: The gravest challenge that the world faces today is Human Rights violations across continents and thus there is need to enhance standards, norms of human rights and its implementation mechanism.
  • Pressing Accountability: International law must be moulded and accentuated to become an instrument that holds the powerful accountable in international relations.

National Clean Air Programme

Context: The Centre’s ambitious attempt to improve air quality in some of India’s most polluted cities suggests that a majority of Indian cities are far from making significant progress.

National Clean Air Programme

  • It was launched by the Ministry of Environment, Forest, and Climate Change in 2019.
  • It is a long term, time bound, national level strategy to tackle air pollution problems across the country in a comprehensive manner.
  • The aim is to improve air quality in 131 cities (non-attainment cities and million plus cities) in 24 states/UTs by engaging all stakeholders.

Targets: Initially the target is to achieve a 20% to 30% reduction of PM10 and PM2.5 concentrations by the year 2024, keeping base year as 2017 for comparison of concentrations.

  • The new target is to achieve reductions of PM10 concentration up to 40% or achievement of National Ambient Air Quality standards for PM10 by 2025-2026 (Base year 2017).

Objective of NCAP: 

  • To ensure stringent implementation of mitigation measures for prevention, control, and abatement of air pollution.
  • Effective and proficient ambient air quality monitoring network across the country for ensuring a comprehensive and reliable database.
  • To augment public awareness and capacity-building measures for inclusive public participation and for ensuring trained manpower and infrastructure on air pollution.

Portal for monitoring

PRANA” – Portal for Regulation of Air-pollution in non-attainment cities, is a portal for monitoring of implementation of National Clean Air Programme (NCAP). 

  • It will support tracking of physical as well as financial status of city air action plan implementation.
  • It will disseminate information on air quality management efforts under NCAP to the public.

Status of implementation

  • Delhi has seen an average annual decline of PM 2.5 levels by 5.9%. 
  • Navi Mumbai has seen a 46% rise in PM 2.5 levels.
  • Varanasi witnessed 72% average reduction in PM 2.5 levels and 69% reduction in PM 10 levels.
  • Respirer Living Sciences and Climate Trends, analysed 49 cities whose data are available for 5 years shows that,
    •  27 cities showed a decline in PM2.5 level.
    • Only 4 had met or exceeded the target.

Sheikh Hasina wins election in Bangladesh and India-Bangladesh Relations

Context: Sheikh Hasina was re-elected as the Prime Minister of Bangladesh. This win will ensure stability, continuity and common prosperity for India. Sheikh Hasina’s government has been friendly towards India. 

image 41

Analysing India’s position and concerns in the scenario: 

Ensuring security 

  • India's keen interest in the potential return of Sheikh Hasina stems from her pivotal role in alleviating security concerns along the 4,100-km border.
  • Bangladesh is considered a strategic partner and a crucial ally for India, particularly concerning the security of its north-eastern states.
  • However, concerns loom over the potential return of the Bangladesh Nationalist Party and Jamaat-e-Islami, which could lead to a resurgence of Islamist influence. 
  • Sheikh Hasina's actions against ethnic insurgent groups and her cooperation in regional connectivity play a crucial role in enhancing India's security interests.
  • Indian policymakers emphasize the necessity of a friendly regime in Dhaka to safeguard mutual interests.

Cultural and economic foundations

  • Bangladesh's economic ascendancy, surpassing Pakistan as the second-largest economy in South Asia, enhances India's economic interests. The two nations share deep economic ties, with Bangladesh being a significant export destination for Indian goods.
  • Dhaka relies on Delhi for essential commodities, and India has provided substantial financial support through a $7 billion Line of Credit for infrastructure and development projects.
  • However, challenges arise in India-sponsored projects, such as the Agartala-Akhaura rail link, due to gauge disparities, impacting seamless rail movement and connectivity to Chittagong port.
  • Countering China's influence
  • India's pursuit of road and river transport access through Bangladesh for its north-eastern states aims to reduce vulnerability in the ‘chicken's neck’ corridor. (The Siliguri Corridor, also known as the Chicken's Neck, is a narrow strip of land situated in West Bengal, linking India's northeastern states with the rest of the country. Spanning a mere 17 kilometers at its narrowest point, this corridor shares borders with Nepal, Bangladesh, and the Kingdom of Bhutan). 
image 42
  • Geopolitically, having a friendly government in Dhaka becomes crucial for India to counterbalance China's growing influence in the region.
  • While maintaining relations with China, Bangladesh navigates a delicate balance between India and China, respecting India's security interests.

Regional hub aspirations

  • India envisions Bangladesh as a regional hub for cooperation in the Bay of Bengal, hosting BIMSTEC's secretariat and fostering ties with other countries like Japan.

Impact of US criticism

  • Historical distrust between Bangladesh and the US, rooted in the 1971 conflict, has influenced diplomatic relations.
  • Interactions between Hasina and the Biden Administration suggest a potential shift in US policy, acknowledging India's interests in Bangladesh, which could positively impact India's stance in the region.

Fair and non-violent elections

  • India emphasizes the importance of a fair and non-violent election process in Bangladesh, hoping Sheikh Hasina's leadership will ensure stability and prevent external critics from undermining the nation's positive image.
  • However, the opposition, particularly the Bangladesh Nationalist Party (BNP), expresses distrust in the election process and claims India’s influence and demands a neutral interim government, leading to heightened tensions.

Public sentiment

  • Despite India's clear preference for Sheikh Hasina's leadership aligning with its interests, bridging the gap with the people of Bangladesh remains a challenge.
  • The complex dynamics require a delicate balance between strategic considerations and addressing the concerns and sentiments of the Bangladeshi populace.

A balanced approach that considers historical, religious, and political dimensions while investing in future relationships beyond individual leaders is vital for India's long-term interests in the region.

India – Bangladesh Relations: 

Indian foreign policy towards its neighbours is based on one main imperative: New Delhi wishes its neighbours to keep Indian interests in mind when determining their domestic and external policies.

There is no country integrated more closely with India than Bangladesh in respect of language, ethnicity, and culture. The key difference is Islam, and it is this factor that drives the relationship to an unusual degree.

Security and Border management

  • India and Bangladesh share 4096.7 km. of border, which is the longest land boundary that India shares with any of its neighbours.
  • India-Bangladesh Land Boundary Agreement (LBA) came into force in 2015 under which enclaves of India and Bangladesh in each other’s countries were exchanged and strip maps were signed.
  • Coordinated Border Management Plan (CBMP) signed in 2011 aims to synergize efforts of both Border Guarding Forces for checking cross border illegal activities and crimes as well as for maintenance of peace and tranquility along India-Bangladesh border.
  • Both sides recognize that terrorism remains a threat to global peace and security and have reiterated their strong commitment to eliminating terrorism in all its forms and manifestations.
  • Security in Northeast States: Bangladesh cooperated with India in sorting out security issues in the Northeast. Bangladesh handed over leaders and shut down their training camps.
  • Ranjan Daimary: founder-chief of National Democratic Front of Bodoland (NDFB)
  • Anup Chetia of United Liberation Front of Assam ULFA.

Trade Partnership

  • Bangladesh is India’s largest trading partner in South Asia.
  • The bilateral trade between the two-countries has jumped to USD 18.2 billion in 2021-22 as compared to USD 10.8 billion in 2020-21.
  • Between 2009-10 and 2015-16, the trade deficit grew in India’s favour at a staggering 164.4%. Foreign Direct Investment (FDI) from India to Bangladesh is $3.11 billion.
  • India has extended 3 Lines of Credits to Bangladesh in the last 7 years amounting to US$ 8 billion. This makes Bangladesh the largest recipient of LOC funds from India till date.
  • Duty free and Quota free access has been given to Bangladeshi exports to India under SAFTA since 2011.
  • Both countries are working on a bilateral Comprehensive Economic Partnership Agreement (CEPA).

Read also: Evolution of ties INDIA – BANGLADESH

Connectivity

  • Both jointly inaugurated, newly restored railway links between Haldibari (India) & Chilahati (Bangladesh). This rail link will further strengthen trade and people to people ties between the two sides.
  • To facilitate better connectivity, simplify movement of passengers and goods, both countries agreed to an early operationalization of BBIN (Bangladesh, Bhutan, India and Nepal) Motor Vehicles Agreement through signing of Enabling MoU for Bangladesh, India and Nepal to commence movement of goods and passengers, with provision for Bhutan to join later.
  • Protocol on Inland Water Transit and Trade (PIWTT) was signed (Sonamura-Daudkandi on river Gomti and extension of Dhulia to Godagiri up to Aricha on river Padma) and five new ports of call and two extended ports of call.

Cooperation in Water, Power & Energy

  • Bangladesh wants early signing of an interim agreement for sharing of the Teesta waters, as agreed upon by both the governments in 2011.
  • Need for early conclusion of Framework of Interim Agreement on sharing of waters of six joint rivers, namely, Manu, Muhuri, Khowai, Gumti, Dharla and Dudhkumar.
  • Expedite implementation of projects including India-Bangladesh Friendship Pipeline, Maitree Super Thermal Power Project as well as other projects.

Regional and Global Partnership

  • Both countries agreed to continue working together towards achieving early reforms of the UN Security Council, combating climate change, attainment of the Sustainable Development Goals (SDGs) and protection of the rights of migrants.
  • Both reaffirmed the need for developed countries to fulfil their commitments under the Global Partnership for ensuring the means of implementation of the SDGs as enshrined in the Agenda 2030.
  • Bangladesh appreciated the work of the New Development Bank and thanked India for inviting Bangladesh to join the Institution. 

Challenges in India Bangladesh Relations

  • Although Economic relations are expanding every day, in India’s Consolidated FDI policy 2017, Bangladesh is put in the same category as Pakistan.
  • Under which a citizen of Bangladesh/Pakistan or an entity incorporated in Bangladesh/Pakistan can invest only under the Government route.
  • Despite India-Bangladesh Coordinated Border Management Plan, 294 Bangladeshi Nationals have been killed along the border since 2010.
  • Teesta water agreement which was agreed to in 2011 is yet to be signed because of various contentious issues that remain.
  • The Citizenship (Amendment) Act (CAA) and National Register of Citizens (NRC) have created a negative impression in Bangladesh of India’s intent.
  • Bangladesh is China’s second-largest arms export destination.
  • Chinese firms have been outbidding their Indian counterparts in infrastructure projects.

Way forward: 

  • Efforts should be intensified to reach a timely consensus on delineating the Teesta river water-sharing arrangement, fostering mutual understanding between India and Bangladesh.
  • Strengthening cooperation in coastal connectivity, as well as improving road, rail, and inland waterways, is crucial for fostering closer ties and facilitating smoother movement between the two nations.
  • Fast-tracking the construction of the Friendship Pipeline, which facilitates the efficient transportation of high-speed diesel from India to Northern Bangladesh, is imperative for boosting economic collaboration.
  • Comprehensive Economic Partnership Agreement (CEPA) Negotiations: Redirecting attention to ongoing CEPA negotiations since 2018 is pivotal for reinforcing economic relations between India and Bangladesh, fostering a more robust and mutually beneficial partnership.

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