Mains Practice

WIPO Treaty on Intellectual Property, Genetic Resources & Associated Traditional Knowledge (GRATK)

Context: The Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge was agreed upon by Diplomatic Conference hosted by World Intellectual Property Organisation (WIPO). The treaty was first proposed in 1999 by Colombia, calling for recognition of intellectual property of indigenous peoples and local communities. The negotiations started in 2001.

Objectives of WIPO Treaty on Genetic Resources & Traditional Knowledge (GRATK)

  • Promotion of efficacy, transparency and quality of patent system in relation to genetic resources and traditional knowledge.
  • Protection of genetic resources and traditional knowledge associated with genetic resources.
  • Prevention of patents being granted erroneously for inventions that are not novel or inventive with regard to genetic resources and traditional knowledge related to genetic resources.
  • International disclosure related to genetic resources and associated traditional knowledge in patent applications contributes to legal certainty and consistency

Salient Features of GRATK

  • Mandatory Patent Disclosure Requirement: The treaty establishes a mandatory patent disclosure requirement requiring patent applicants to disclose the country of origin of genetic resources and/or the Indigenous people or local community providing the associated traditional knowledge.
  • Sanctions and Remedies:
    • Failure to disclose required information would be subject to appropriate, effective and proportionate measures.
    • Patent applicants would have the opportunity to rectify a failure to disclose the requirement information unless
  • Information Systems:
    • Voluntary establishment of information systems (ex databases) of genetic resources and associated traditional knowledge, in consultation with indigenous people and local communities, wherever applicable.
    • Genetic resources databases can compile and reference a wide range of information. Ex. Information about genetic resources, associated traditional knowledge, known uses of genetic resources and relevant scientific compilations.
    • Information systems should be accessible to patent offices for search and examination of patent applications.
  • Non-retroactivity: No obligations of the Treaty would be imposed in relation to patent applications filed prior to entry into force of this treaty.
  • Review Mechanism: The treaty provides an in-built review mechanism to allow certain issues to be reviewed like extension of disclosure requirement to other areas of intellectual property and other issues like new and emerging technologies four years after the entry into force of the treaty.

Significance of the GRATK

  • Significant win for countries of Global South and India which are host bulk of global biodiversity and traditional knowledge. India being a megadiverse country holds 7-8% of global biodiversity and a rich repertoire of knowledge based on genetic resources.
  • First WIPO treaty to address the interface between intellectual property, genetic resources and traditional knowledge. Also, first WIPO treaty to include provisions specifically for indigenous people and local communities.
  • Multilateralism: Given the opposition of advanced countries like USA, EU and Japan for this treaty and the divided world we live in, the fact that a consensus treaty could emerge is a win and provides hope of the spirit of multilateralism.

Concerns with the Treaty

  • Fails to address biopiracy due to weak sanctions regime: The WIPO Treaty suffers from a weak sanctions regime which is not adequate address the issues of bio-piracy. Some issues with the sanctions regime of the treaty are:
    • No provision for penalties for non-disclosure.
    • Countries to provide opportunity for rectification of failure to disclose information before implementing sanctions.
    • No obligation on patent offices to verify the authenticity of disclosure.
    • No country can revoke, invalidate or render unenforceable conferred patent rights solely on the basis of applicant's failure to provide mandatory patent disclosure.
    • No provision for revocation of patent except when the information is withheld due to fraudulent intentions. Even in such cases, the treaty leaves it to the State to decide on the sanctions to be imposed.
  • Silent on positive protection of traditional knowledge for indigenous people and local communities (IPLC):
    • No recognition of traditional knowledge as intellectual property of IPLC which would have provided indigenous people with exclusive collective rights to control their traditional knowledge.
    • No fair & equitable sharing of benefits in favour of IPLC in return of use of their traditional knowledge.
    • Silence on right of attribution and right to use of their own traditional knowledge for IPLC.
    • Fails to protect traditional cultural expressions i.e., the forms in which IPLC express their traditional cultural practices and knowledge like music, dance, art & handicrafts.
  • Dilution of India's patent laws: India would need to align its domestic laws like Patents Act & Biological Diversity Act with the WIPO Treaty on Genetic Resources and Associated Traditional Knowledge. These amendments could potentially dilute existing protections aiming to safeguard traditional knowledge and genetic resources. For example, India's Patent Law already provides for pre-grant opposition against non-disclosure of source of origin and also for a revocation of granted patent for non-disclosure of information.

Uniform Code for Pharmaceutical Marketing Practices – 2024

Context: Ministry of Chemicals and Fertilizers has notified the Uniform Code for Pharmaceutical Marketing Practices, 2024 to curb unethical marketing of drugs and ban medical representatives from using inducements to access healthcare professionals. Before this, pharmaceutical industry was following UCPMP 2015 which was voluntary in nature. However, the new UCPMP 2024 is quasi-judicial in nature.

SALIENT FEATURES OF UNIFORM CODE FOR PHARMACEUTICAL MARKETING PRACTICES 2024

  • According to 'Ethical Criteria for Medicinal Drug Promotion, 1988' of WHO, 'Promotion' refers to all informational and persuasive activities by manufacturers and distributors, the effect of which is to induce the prescription, supply, purchase and/or use of drugs.
  • Promotion of a drug must be consistent with the terms of its marketing approval and a drug must not be promoted prior

Medical Representatives

  • Medical Representatives are sales representatives and other company representatives who call on healthcare professionals, pharmacies, hospitals or healthcare facilities in connection with promotion of drugs.
  • Medical representatives must not employ any inducement or subterfuge to gain an interview. They must not pay, under any guise, for access to a healthcare professional.
  • Companies are responsible for the activities of their employees, including the medical representatives, for ensuring compliance of this Code.

Brand Reminders

Brand Reminders are permitted in two categories

  • Informational and education items including books, calendars, diaries, journals (including digital), dummy device models and clinical treatment guidelines for professionals used in healthcare settings value of which does not exceed Rs 1000 (One thousand) per item. Such items should not have an independent commercial value for healthcare professionals
  • Free samples provided by the companies to medical professionals:
    • Free samples of drugs shall not be supplied or directly handled to a who is not qualified to prescribe such a product.
    • Such samples should be provided only for creating awareness about treatment options and for acquiring experience in dealing with the product.
    • Such samples should be limited to prescribed dosage for not more than three patients for the required course of treatment.
    • Each sample should be marked 'free medical sample not for sale' or bear another legend of analogous meaning.
    • Each sample should not be larger than the smallest pack present in the market.
    • Sample of a drug which is hypnotic, sedative or a tranquilizer should not be given.
    • Each company should maintain details such as product name, doctor name, quantity of samples, date of supply of free samples to healthcare professionals etc.
    • Monetary value of samples distributed should not exceed 2% of domestic sales of the company per year.

Continuing Medical Education

  • Engagement of pharmaceutical industry with healthcare professionals for Continuing Medical Education (CME), Continuing Professional Development (CPD) or otherwise for conference, seminar, workshop etc. should only be allowed through a well-defined, transparent and verifiable set of guidelines.
  • Conduct of such activities in foreign locations is prohibited.
  • All pharmaceutical companies should share details of such activities on their website and may be subject to independent, random or risk-based audit.

Support for Research

Pharmaceutical companies can provide rational support and encouragement to research and innovation through industry-academia linkage subject to following conditions:

  • The research study should have requisite approval from competent authority (ICMR, DCGI, Ethics Committee, Institutional Authority, NMC etc.) and is conducted at a recognised site or location.
  • Engagement of healthcare professionals in consultant-advisory capacity shall be for bonfide research services, under a consultancy agreement involving a consultancy fee or an honorarium-based payment.
  • Expenditure on research by pharmaceutical companies is an allowable expenditure subject to provisions of Income Tax Act, 1961.

Relationship with Healthcare Professionals

  • No gifts should be offered or provided or promised for personal benefit of any healthcare professional or family members by any pharmaceutical company or its agents.
  • No travel facilities inside or outside the country should be extended to healthcare professionals or their family members by pharma companies or their representatives except the person is a speaker for a CME or a CPD program.
  • No hospitality like hotel-stay, expensive cuisine, resort accommodation etc. should be extended to healthcare professionals or their family members by pharma companies and their representatives except when the person is a speaker for a CME or a CPD program.
  • No cash or monetary grant should be extended to any healthcare professional or their family members under any pretext.

Compliance of UCPMP 2024 by Pharmaceutical Associations

  • All complaints related to an activity of breach of the Code should be made within six months of the alleged of the breach of the Code, with an additional delay of 6 months. Complainant should identify himself, the pharma company and details of breach of the Code.
  • A non-refundable amount of Rs 1,000 is to be deposited by the complainant along with complaint.
  • All Indian Pharmaceutical Associations will form a committee for handling complaints as 'Ethics Committee for Pharma Marketing Practices (ECPMP), in each Association to be chaired by its Chief Executive Officer. The Committee will have 3-5 members and its composition will be approved by the Board of Association.
  • ECPMP will conduct enquiry and decisions of the committee should be taken by majority
  • Penalties: Once it is established that a breach of UCPMP 2024 has taken place by an entity, the ECPMP can propose one of the following against the erring entity:
    • Suspend or expel the entity from the Association
    • Reprimand the entity and publish full details of such reprimand.
    • Require the entity to issue a corrective statement in the same or other suitable media.
    • Ask the entity to recover money or items, given in violation of Code from the concerned person/s.
    • In cases where disciplinary, penal or remedial action lies within the domain of any agency or authority of Government in accordance with statute, the ECPMP may send its recommendations to such agency or authority through the Department of Pharmaceuticals.
    • Appeal against UCPMP 2024
      • If a party to the complaint is dissatisfied with the decision of ECPMP, it may file an appeal before the Apex Committee for Pharma Marketing Practices (ACPMP) to be headed by Secretary, Department of Pharmaceuticals, having a Joint Secretary and a Finance Officer as its members.
      • Appeals against the order of ECPMP must be ordinarily filed within 15 days with an additional 15 days of reasonable time delay permitted for reasons to be recorded in writing

Historical Evidences of Ayodhya Ram Temple

Context: The Ram Temple at Ayodhya was formally inaugurated on 22nd January 2024. This was a after large scale social movement leading to the demolition of Babri Mosque at the disputed site on 6th December 1992. Following the demolition there was a long legal battle to ascertain the claims of the various groups on the disputed site. The judgement came in the favour of Hindu groups and the site was handed over to build a temple to commemorate the Ram Temple. The judgement emphasised on the following historical sources to ascertain the presence of Ram Temple and the tradition of worship of Ram at the site.

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Babri mosque was built in 1528 AD on the instructions of Mughal Emperor Babur by Mir Baqi, who was the commander of Babur’s forces. However, a section of historians also say that the Babri Mosque was constructed by Aurangzeb.

Historical Sources quoted by Ayodhya Judgement

1. Janma Sakhies of Sikhism: Various Janma Sakhies have recorded the description of visit of Guru Nanak Devji to Ayodhya, where he had darshan of birthplace of Lord Ram. The accounts presented in the Janmasakhis depicts that pilgrim visited Ayodhya even before 1528 AD (when Babur is claimed to constructed the Babri Mosque).

Janma Sakhies are legendary biographies of Guru Nanak (1469-1539), founder of Sikhism. These are hagiographical accounts of the life of Guru Nanak written after the death of Guru Nanak, particularly noting the miracles and travels known as Udasis pursued by Guru Nanak.
Largest of the JanmaSakhis is known as Guru Nanak Prakash, written by Kavi Santokh Singh.

2. Ain-i-Akbari by Abul Fazl: Ain-i-Akbari has section on Ramavatara or Ram-incarnation and Ayodhya. Ayodhya is noted as one of the largest cities of India and as one of the holiest cities. Around the city, earth was filtered for gold.

3. Account of William Finch: William Finch arrived in India in August 1608 at Surat with Captain Hawkins. He was an English Merchant in the service of East India Company. He travelled along with Captain Hawkins during the reign of Mughal emperor Akbar and Jehangir. He explored various Indian cities like Delhi, Ambala, Sultanpur, Ayodhya and Lahore.

His account is preserved in a book edited by William Foster called ‘Early Travels in India (1583-1619)’ which has accounts by Ralph Fitch, John Mildenhall, William Hawkins, William Finch, Nicholas Withington, Thomas Coriyat and Edward Terry.

  • William Finch arrived in India in 1608 at Surat with Captain Hawkins.
  • He visited Ayodhya between 1608-11. He did not find any building of Islamic origin in Ayodhya.
  • He noted the mount known as Ramkot or fort of Lord Rama.

4. Account of Niccolao Manucci: Manucci was Italian traveller who visited India during the reign of Shah Jahan and Aurangzeb. Manucci is famous for his account of his travels in Mughal India which is known as ‘Storia do Mogor’. Storia do Mogor presents a first-hand account of Shah Jahan, Aurangzeb, Shivaji, Dara Shikoh, Shah Alam I and Jai Singh I. He also provides a detailed account of folk beliefs and customs of the period. Manucci has listed the chief temples destroyed by Auranbzeb. Some of them are:

(a) Maisa (Mayapur)

(b) Matura (Mathura)

(c) Caxis (Kashi)

(d) Hajudia (Ajudhya)

5. Account of Joseph Tieffenthaler: Tieffenthaler was a Jesuit Missionary who visited India in 1740 (three decades after the death of Aurangzeb). His travel account is known as ‘Description Historiqueet Geographique Del’inde’ written in Latin. Tieffenthaler was reportedly proficient in Arabic, Persian and Sanskrit.

Tieffenthaler visited Ayodhya which is described in the text. He gives the following account:

  • Refers to Ayodhya as Adjudea.
  • Contains a reference to the belief of Hindus that Lord Rama is the human incarnation of Lord Vishnu (Described as Beschan in the account). Lord Rama was born at the site, the symbol it being the ‘Bedi’ or ‘cradle’.
  • Presence of Sita Rasoi which is a table like place worshipped as the kitchen of Sita.
  • Emperor Aurangzeb demolished the fortress called Ramcot and got a Muslim Mosque with triple domes, constructed at the same place.
  • Contains a reference to the use of fourteen black stone pillars which had existed at the site of erstwhile fortress.
  • His noted that despite the demolition by Aurangzeb there still existed a cult that continues to worship at the site and of large gatherings to mark and celebrate the birthday of Lord Rama.

6. Account of Robert Montgomery Martin: Montgomery Martin was an Anglo-Irish author and civil servant. He authored his account of 10 years of stay in medical practice in Shillong and working as a journalist in Calcutta where he established the ‘Bengal Herald’ newspaper. He wrote the ‘History, Antiquities, Topography and Statistics of Eastern India’ in three volumes based on his stay in India during the 1840s. He was one of the founding members of East India Association which was a London based organisation (1866) for raising matters concerning India with membership from Indians and retired British officials. (Note: Dadabhai Naoroji was the founder of East India Association).

  • He infers that the mosque was built by Mughal Emperor Babur and was the most modern in architecture.
  • However, Martin notes the destruction of Hindu places of worship by Aurangzeb.
  • He also noted the presence of pillars in the Mosque made of black stones.

7. Edward Thornton’s Gazetteer: Edward Thornton authored ‘Gazetteer of territories under the Government of East India Company and the Native States on the Continent of India’.

Framework for Lending and Borrowing of G-Secs

Context: RBI has issued guidelines for lending and borrowing in Government securities. This move is expected to add depth and liquidity to Government Securities market aiding in better price discovery for Government securities.

Salient Features of Framework for Lending & Borrowing of G-Secs

  • Government Securities Lending Transaction (GSL-Transaction):
    • Refers to dealing in Government securities involving lending of eligible Government securities for a fee, by the owner of those securities (lender) to a borrower, on the collateral of other Government securities.
    • The GSL Transaction should be for a specified period of time with an agreement that the borrower shall return to the lender the security and lender shall return the securities received as collateral to the borrower at the end of the agreed period.
    • Government Security Lending Fee is the feed paid by the borrower to the lender of Government Security as mutually agreed between them for undertaking the transaction. (RBI will not mandate the fee).
  • Eligible securities for lending/borrowing:
    • All Government Securities issued by the Central Government (excluding Treasury Bills) would be eligible for lending/borrowing under a Government Security Lending (GSL) transaction.
    • Securities obtained under a repo transaction, including through RBI's Liquidity Adjustment Facility or borrowed under another GSL transaction will also be eligible for lending under GSL transaction.
  • Collateral for lending/borrowing:
    • G-Secs issued by Central Government (including Treasury Bills) and State Government Bonds would be eligible for placing as collateral under a GSL transaction.
    • Also securities obtained under a repo transaction, including through RBI's Liquidity Adjustment Facility, or borrowed under another GSL transaction are also eligible to be placed under a GSL transaction.
  • Eligible participants:
    • Eligible entities for lending of securities for GSL Transaction:
    • Eligible entities for borrowing of securities for GSL Transaction: Scheduled Commercial Banks, Primary Dealers, Urban Cooperative Banks.
  • Pricing of securities/collateral: In a GSL transaction, the securities should be lent (placed as collateral) in the first leg at market related prices and received in the second leg at the same prices. The second leg would involve a consideration amount viz. the GSL fee to be paid by the borrower to the lender of the security.
  • Computation of Statutory Liquidity Ratio (SLR)
    • SLR eligible securities borrowed under a GSL Transaction to counted as SLR by the borrower. Such securities lent under a GSL transaction to be not accounted for SLR by the lender. (Similarly for the collateral).
  • Maturity of GSL Transactions: Minimum tenor of a GSL transaction shall be one day and maximum tenor shall be maximum tenor shall be maximum period prescribed to cover short sells.
  • Lending/borrowing process:
    • GSL Transactions may be contracted using any mutually agreed process/platform, including but not limited to, bilateral or multilateral, quote driven or order driven process, anonymous or otherwise.
    • Settlement of all GSL Transactions will be on a Delivery versus Delivery basis and shall settle through Clearing Corporation of India limited or any other central counterparty or clearing arrangement approved by RBI.

National Traders' Welfare Board

Context: Department for Promotion of Industry and Internal Trade (DPIIT) has constituted the National Traders' Welfare Board for the welfare of traders and their employees.

Functions of National Traders' Welfare Board

NTWB will advise government on the following:

  • Identify policy measures to achieve the objective of welfare of traders and their employees.
  • Suggest simplifications in the Acts and Rules applicable to traders.
  • Make recommendations to reduce the compliance burden of traders.
  • Improve access to funds for traders.
  • Make recommendations regarding social security benefits like insurance, pension, healthcare etc. for traders and their employees.
  • Make recommendations to address any other problems and issues of traders and their employees.

Membership of National Traders' Welfare Board

  • Headed by a person capable of representing the issues of traders (Non-official) - Chairperson to be nominated by Central Government. (Mr. Sunil J. Singhi has been nominated as the Chairperson of the NTWB),
  • Up to 5 members having special knowledge of matters relating to technical or other aspects of retail trade (non-official) - to be nominated by Central Government.
  • Up to 10 members representing trade associations (non-official)
  • One non-official member representing each State and UT.
  • 9 Ex-officio representatives from Ministries/Departments.
  • Joint Secretary, DPIIT (dealing with internal trade) is the convener of the board.

Internal Trade

  • DPIIT under Ministry of Commerce and Industry is the nodal department for dealing with issues of internal trade.
  • NTWB has requested State Governments to constitute such State Level Boards and District Level Committees for Retail Traders.

No Immunity for MPs/MLAs Taking Bribe for Vote/Speech in Legislature: Supreme Court

Context: Supreme Court in the Sita Soren vs Union of India judgement has overruled its 1998 judgement in P V Narsimha Rao Vs State (CBI/SPE) which granted immunity to the legislators in context of votes made in parliament and legislative assemblies.

Background of the Issue (P V Narsimha vs State (CBI/SPE) Case)

Article 105(2) of the Constitution of India grants immunity to Members of Parliament (‘MPs’) against prosecution in respect of anything said or any vote given by him in Parliament or any committee. Article 194(2) of the Constitution grants similar immunity to the members of Legislative Assembly.  

PV Narsimha Rao case, Constitution Bench of 5 judges upheld the above immunity to the MPs as per Article 105(2) which included the speech or vote made in furtherance of receiving illegal gratification or bribe.

Privileges provided by the Constitution of India:

  • In context of Powers, Privileges and Immunities of Parliament and its Members, Article 105(2) reads:
    • No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes, or proceedings.
  • In context of Powers, Privileges and Immunities of State Legislatures and their Members, Article 194(2) reads:
    • No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes, or proceedings.

Observations in Sita Soren vs Union of India

  1. Nature of Privileges in India:
    • Privileges not absolute: Unlike the House of Commons in the UK, India does not have ‘ancient and undoubted’ privileges which were vested after a struggle between Parliament and the King. Privileges in pre-independence India were governed by statute in the face of a reluctant colonial government. The statutory privilege transitioned to a constitutional privilege after the commencement of the Constitution.
    • Individual Member's Claim of Privilege: An individual member of the legislature cannot claim privilege to seek immunity from prosecution under Articles 105 and 194 of the Constitution for charges of bribery related to their votes or speeches in the legislature.
    • Such claim of immunity fails to meet the twofold test which involves examining whether such action is (1) connected to the collective functioning of the legislative house and (2) the action has a functional relationship "to the discharge of the essential duties of a legislator."
    • Purpose of Articles 105 and 194: Articles 105 and 194 aim to create an environment conducive to debate and deliberation within the legislature.
    • This purpose gets undermined when a member is influenced to vote or speak in a particular manner due to bribery.
    • Interpretation of Expressions: The expressions "anything" and "any" in Articles 105(2) and 194(2) must be interpreted in the context of the accompanying expressions.
    • The phrase "in respect of" means 'arising out of' or 'bearing a clear relation to' and cannot be construed to include anything remotely connected to the speech or vote given by a legislator.
  • Bribe as a crime:
    • Bribery and Immunity under Articles 105(2) and 194: Bribery is not immune under Article 105(2) and its corresponding provision in Article 194 because it constitutes a crime that is not essential to the casting of a vote or the ability to decide how a vote should be cast.
      • The same principle applies to bribery in connection with a speech in the House or a Committee.
    • Impact of Corruption and Bribery:
      • Corruption and bribery by members of the legislatures undermine probity in public life.
    • Misuse and Immunity:
      • The potential for misuse against individual members of the legislature is neither increased nor decreased by recognizing the court's jurisdiction to prosecute a legislator alleged to have engaged in bribery.
    • Completion of Bribery Offense: The offense of bribery is completed at the moment when the legislator accepts the bribe, regardless of whether the agreed action is performed or not.
    • The majority interpretation in the PV Narasimha Rao case created a paradox. While accepting a bribe and voting as promised granted immunity, whereas voting independently or contrary led to prosecution. This situation has been corrected by the present case.

Conclusion:

  • By committing an act of bribery, the immunity of speech or action without fear or favour is taken away when a member votes in a certain way not because of their belief or position on an issue but because of a bribe taken by the member.
  • Corruption and bribery of members of the legislature erode the foundation of Indian Parliamentary democracy. It is destructive of the aspirational and deliberative ideals of the Constitution and creates a polity which deprives citizens of a responsible, responsive, and representative democracy.

National Plan of Action for Conservation and Management of Sharks in India (NPOA - SHARKS)

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Whale Shark: Largest Shark Species in the World and also the world's largest living fish

About Sharks

  • 'Shark' is used as an 'envelope term' and comprises true sharks, rays, skates and chimaeras (together comprising the class Chondrichthyes ie cartilaginous fish).
  • Sharks generally live in marine environments. However, species such as Bull Shark and River Shark can be found in both seawater and freshwater.
  • Apex predators: Most sharks are predators and top of the marine food chain and therefore known as tiger of oceans. They feed on wide variety of species. Examples tiger shark, blue shark etc.
  • Habitats: Sharks live fresh and intertidal waters to the open ocean, continental shelf and deep slope to ocean floor at depths of over 4,000 metres. Most shark species are found in temperate and tropical seas, but some species are also found in Arctic and Antarctic waters.
  • Shark landings: Estimated landings of sharks were around 0.69 million tonnes in 2019. Atlantic Ocean and its surrounding seas produce 40% of global shark catches followed by Indian Ocean and Pacific Ocean. Blue sharks are by far the most common of dozen commercially important shark species captured.
  • Largest Shark: Whale Shark is a slow moving, filter feeding carpet shark and is the largest extant fish species in the world. They inhabit open waters of all tropical oceans. The feed almost exclusively on plankton and small fishes and pose no threat to humans.
  • Smallest Shark: Dwarf Lanternshark is the smallest shark species in the world. It has a maximum known length of around 20 cm. It is found at a depth of around 250-500 m in the Northern tip of South America and Caribbean Sea. Like other lantern sharks, dwarf lantern sharks, dwarf lantern shark has light emitting organs called photophores which help them camouflage and attracts its prey.
  • All species of Sharks were placed under Schedule-I of Wildlife Protection Act, 1972 (Highest Protection).

Importance of Sharks in Marine Ecosystem

  • One of the oldest living organisms with an evolutionary history of over 400 million years. They predate dinosaurs.
  • Keystone species and apex predators of marine ecosystem
  • Keep prey population healthy by feeding on the sick and week members of their prey population.
  • Keep seagrass beds and other vital habitats healthy

Economic & Commercial importance of sharks

  • Shark meat: Sharks have been traditionally used as food in coastal areas. According to FAO, in 2019
  • Shark fins: Sharks fins are one of the most expensive fish products primarily used in preparing shark fin soup which is primarily consumed by Chinese ethnic groups in South East Asia and China.
  • Shark oil products: Traditionally shark's liver (Known as cod liver oil) was a rich source of Vitamin A. However, Vitamin A is manufactured.

Need for protecting sharks

  • Slow growth
  • Late age at maturity
  • Low fecundity and productivity (small, infrequent litters)
  • Long gestation periods
  • High natural survivorship for all age classes
  • Long life spans

Status of shark fishery in India

  • India is the third largest shark fishing nation after Indonesia accounting for 6% of global shark catches in terms of weight.
  • Andhra Pradesh is the largest producer of sharks, followed by Tamil Nadu, Gujarat and Maharashtra.
  • Most sharks harvested in India come from non-targeted mixed catch. However, targeted shark fisheries are found among Thoothoor fishermen of Kanyakumari (Tamil Nadu) and Veraval (Gujarat).
  • Shark meat is a local delicacy, especially in south India.

Major issues needing focus for Shark Conservation

  • Indications of decline in shark biomass and species diversity.
    • Sharks are associated fisheries and catch composition.
  • Inadequate monitoring, control and surveillance, including gaps in data collection and identification of species.
  • Fractured view of different stakeholder groups on the status of shark and acceptable conservation measures.
  • Research gaps covering areas of taxonomy, biological aspects, gear targeting sharks, real time data, distribution and socio-economic profit.
  • Lack of a holistic framework to address the above issues.

Purpose and scope of NPOA-SHARKS

  • Conservation and management of sharks and their long-term sustainable use.
  • NPOA Sharks aims to conserve and manage shark populations based on Ecosystem Approach to Fisheries.
  • 'Sharks' are defined as all species in the class Chondrichthyes and includes sharks, skates, rays and chimaeras.
  • Applies to shark species found within India's EEZ and Territorial Sea, migratory species frequenting India's EEZ and Territorial Sea and species taken by India-flagged vessels fishing on the High Seas.
    • Bridge research and information gaps on the status of sharks at species level.
    • Understand socio-economic implications of conservation and management of sharks to design sustainable exploitation policies.
    • Managing negative impacts of shark fishing.

Proposed actions under NPOA-SHARKS

  • Do not promote direct catching of sharks till sufficient scientific evidence is there.
  • Implement comprehensive fisheries MCS plan at the earliest.
  • Identify and ascertain shark breeding grounds and shark breeding period and agree on conservation measures such as seasonal ban or specific area closures.
  • Initiate research to catalogue shark in Indian waters through genetic coding. Develop species specific indicators using fisheries and survey data.
  • Awareness drive among stakeholders, share research findings with fishermen and encourage fishermen and their associations to monitor and report shark catches.
  • Initiate research on value addition for sharks and share findings with the community.
  • Encourage ecotourism and reef shark diving.
  • Ensure effective implementation of fin-attached policy of the Government and initiate research on value addition for sharks and share the findings with the community.
  • Review shark export policy, encourage value addition.
  • Introduce logbook system; develop national shark identification kit; build awareness; mobilize fishermen association and build research skill in taxonomy as well as data collection skills of enumerators from agencies involved in data collection.
  • Review policy on reporting of catch of prohibited species or species protected under the Wild Life (Protection) Act, 1972; and encourage regional integration.

About Bay of Bengal Program - Inter-Governmental Organisation (BOB-IGO)

  • BOB-IGO is a unique regional fisheries body specifically mandated to assist the member countries to enhance cooperation and provide technical and management advisory services for sustainable marine fisheries development.
  • Objectives of the BOBP-IGO are to increase awareness and knowledge of the needs, benefits and practices of marine fisheries management; enhance skills through training and education; transfer appropriate technologies and techniques for development of the small-scale fisheries; establish regional information networking; and promote women's participation in marine fisheries value chain.
  • Member Countries: Bangladesh, India, Maldives and Sri Lanka.
  • Non-contracting parties: Indonesia, Malaysia, Myanmar and Thailand.

Additional Activities included in National Livestock Mission (NLM)

Context: Union Cabinet has approved modification of National Livestock Mission by including additional activities like (i)establishment of entrepreneurship for horse, donkey, mule and camel (ii) Establishment of entrepreneurs for fodder seed processing infrastructure (iii) Increasing fodder cultivation areas (iv) simplification of livestock insurance program.

National Livestock Mission intends to achieve the objectives of employment generation through entrepreneurship development in small ruminant, poultry and piggery sector & Fodder sector, increase of per animal productivity through breed improvement, increase in production of meat, egg, goat milk, wool and fodder.

New Components added under National Livestock Mission

  1. Promoting entrepreneurship for horse, donkey, mule, camel by providing 50% capital subsidy up to 50 lakhs to individuals, FPOs, SHGs, JLGs, FCO and Section 8 Companies. State Governments will be assisted for breed conservation of horse, donkey and camel. Central Government will provide Rs 10 cr. for establishment of entrepreneurs of semen status and nucleus breeding farm for horse, donkey and camel.
  2. Promoting entrepreneurship for fodder seed processing infrastructure like processing & grading units and fodder storage godowns. Capital subsidy of 50% up to Rs 50 lakhs will be provided to private companies, startups /SHG/FPOs/FCOs/JLGs/Farmers Cooperative Societies (FCOs) and Section 8 companies for establishment of infrastructure like construction of building, receiving shed, drying platform, machinery etc. including grading plants and seed storage godown. The remaining cost of the project needs to be arranged by the beneficiary through bank finance or self-funding.
  3. Incentivising increase of fodder cultivation areas: State governments will be assisted for fodder cultivation in "Non-Forest Wasteland/Rangeland/Non-arable Land" and "Fodder Production from Forest Land" as well as in the degraded forest land. This will increase the fodder availability in the country.
  4. Simplification of livestock insurance program:
  • Share of the premium to be paid by beneficiary has been reduced to 15% as against the earlier beneficiary share of 20%, 30%, 40% and 50%.
  • Remaining amount of premium will be shared by Centre and State Governments in 60:40 for all states, 90:10 for Himalayan States.
  • Number of animals to be insured has been increased to 10 cattle unit instead of 5 unit for cattle, sheep and goat.

About National Livestock Mission

National Livestock Mission was launched in 2014-15 aims towards employment generation, entrepreneurship development, increase in per animal productivity and thus targeting increased production of meat, goat, milk, egg and wool.

Nodal Ministry: Department of Animal Husbandry & Dairying under Ministry of Fisheries, Animal Husbandry & Dairying.

Funding Mechanism: Consists of both Centrally Sponsored and Central Sector components.

Mission Objectives

  • Employment generation through entrepreneurship development in small ruminant, poultry and piggery & fodder sector.
  • Increase of per animal productivity through breed improvement
  • Increase in production of meat, egg, goat milk, wool and fodder.
  • Increasing availability of fodder and feed through strengthening the fodder and supply chain and availability of certified fodder seeds.
  • Encouraging establishment of fodder processing units to reduce demand supply gap
  • Promoting risk management measures including livestock insurance for farmers.
  • Promoting applied research in prioritised areas of poultry, sheep, goat, feed and fodder.
  • Capacity building of state functionaries and livestock owners through strengthened extension machinery
  • Promoting skill based training and dissemination of technologies for reducing cost of production and improving production of livestock.

Components under National Livestock Mission Scheme

  1. Sub-Mission I: Breed improvement of livestock and poultry
    • Establishment of Entrepreneurs for breed development of rural poultry, small ruminants (sheep & goat farming).
      1. Genetic improvement of sheep and goat breeds
        1. Establishment of Regional Semen Production Laboratory and Semen Bank for sheep and goat.
        2. Establishment of State Semen Bank
        3. Propagation of Artificial Insemination through existing cattle and buffalo Artificial Insemination centres.
        4. Import of exotic sheep and goat germplasm.
      2. Promotion of Piggery entrepreneurship.
      3. Genetic improvement of Pig breeds
        1. Establishment of pig semen collection and processing lab.
        2. Import of exotic pig germplasm.
  2. Sub-Mission II: Feed & Fodder
    1. Assistance for quality fodder seed production by incentivising fodder seed chain ie breeder, foundation and certified quality fodder seed production aiming towards multiplication of seeds of high yielding fodder varieties. 100% incentivisation to be provided for production of all categories of fodder seed production by ICAR, other Central and State Agencies. Seed production incentive will be given to central seed agencies like National Seed Corporation, ICAR, IFFC, KRIBHCO etc. Assistance will be provided in two instalments on the basis of per kg cost of seed.

Cost assistance for productions of various category of seeds:

  1. Breeder seed: Up to Rs 250 per kg.
  2. Foundation seed: Up to Rs 150 per kg.
  3. Certified seed: Up to Rs 100 per kg.

When farmers are engaged by seed producing agencies in fodder seed production activity, 75% subsidy to be given to farmers and 25% to be kept for seed producing agency to meet expenditure of certification cost.

  1. Entrepreneurial activities in feed and fodder.
    1. Development of entrepreneurship for feed and fodder.
    2. Promoting, developing and disseminating forage technologies through frontline technology demonstrations.
    3. Making quality fodder and affordable price available.
    4. Encourage fodder production by local farmers for supplying to these entrepreneurs.
  2. Sub-Mission III: Innovation & Extension
    1. Incentivize R&D for advancement of sheep, goat, pig, poultry, other livestock, fodder sector, meat and other livestock products in ICAR, Central Institutes, State Agricultural University. 100% central assistance to be provided for extension, R&D and innovation activities.Extension activities: Increase awareness among all stakeholders in animal husbandry sector by activities like seminar, training, capacity building, livestock farmers groups/breeders association etc.
  3. Livestock Insurance to be implemented in all districts to manage life risk and uncertainties by providing protection mechanisms to the farmers against any eventual loss of their animals due to death.
    1. Animals covered: milch animals, pack animals (Horse, Donkey, Mule, Camel, Ponies and Cattle/Buffalo Male) and other Livestock (Goat, Sheep, Pigs, Rabbit, Yak and Mithun etc.). Efforts will be made to bring all large and small animals under insurance coverage.
    2. Benefits: Subsidy is restricted to 5 animals per beneficiary per household for all animals. However, for pig and rabbit the benefit will be restricted to 5 cattle units per beneficiary household and 10 cattle units for sheep and goat. (1 cattle unit = 10 sheep/goat/pig/rabbit).

Funding Pattern for Livestock Insurance:

For Normal Areas

CategoryCentral Share & State ShareBeneficiary Share
BPL/SC/ST60 (Central): 40 (State) of remaining15%
APL60 (Central): 40 (State) of remaining15%

For North East/Himalayan States

CategoryCentral Share & State ShareBeneficiary Share
BPL/SC/ST90 (Central): 10 (State) of remaining15%
APL90 (Central): 10 (State) of remaining15%

Privilege Committees of Lok Sabha & Rajya Sabha

Context: SC stays Lok Sabha privileges panel proceedings on West Bengal BJP MP’s ‘injury complaint’.

Parliamentary privileges

  • Each House of Parliament and its Committees collectively and members of each House individually enjoy certain rights, privileges and immunities without which they cannot perform their functions efficiently and effectively.
  • The object of parliamentary privilege is to safeguard the freedom, the authority and the dignity of Parliament.
  • They are enjoyed by individual members, because the House cannot perform its functions without unimpeded use of the services of its members and by each House collectively for the protection of its members and the vindication of its own authority and dignity.
  • The Constitution has also extended the parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of the house i.e. attorney general of India and Union Ministers.
Collective PrivilegesIndividual privileges
Enjoyed by each house of the parliament collectivelyEnjoyed by the members of each house individually
Right to publish its reports, debates and proceedingsMPs cannot be arrested during the session of Parliament and 40 days before the beginning and 40 days after the end of a session.
Exclude strangers from its proceeding for secret sittingsFreedom of speech in parliament (article 105) and freedom of speech in state assembly (article 194).
Make rules to regulate its own procedure and conduct of businessExempted from jury service, can refuse to give evidence, and appear as a witness in a case pending in a court when parliament is in session
Punish members as well as outsiders for breach of its privileges or its contempt 
Right to receive immediate information of the arrest, detention, conviction, imprisonment, and release of a member 
Institute inquiries and order the attendance of witnesses 
Courts are prohibited to inquire into the proceedings of a house or its committees 
No legal process can be served within the precincts of the House without the permission of the presiding officer 

Committee of Privileges

  • Examines the cases of breach of privileges of the house and its members and recommend appropriate action.
  • Members: 15 members in Lok Sabha and 10 members in Rajya Sabha respectively.
  • The speaker refers the issue of disqualification under the anti-defection rules to this committee for enquiry.
  • can summon relevant individuals for examination and study pertinent documents.
  • After reviewing the incidents or cases brought before it, the Parliament Privileges Committee makes recommendations "as it may deem fit”.
  • The privilege committee of the Rajya Sabha is chaired by the Deputy Chairperson but in Lok Sabha, there is no such rule.

Equal Opportunity Policy for Transgender Persons Notified by Central Government

Objective of the Policy:

The primary objective of the policy is to create an atmosphere that ensures the fair treatment of transgender individuals, free from discrimination, harassment and bias, while establishing a robust grievance redressal mechanism.

Scope of the Policy

Applies to all employees of the central and state/UT government and their offices. The policy will act as a guiding document for business partners.

Provisions of the Policy

  • Strictly prohibits discrimination based on gender identity or expression.
  • Transgender employees to be addressed by the name and the gender of their choice in all workplace communication.
  • Transgender individuals will be considered for employment based on their qualification and skills without prejudice.
  • Strict prohibition on harassment or bullying based on gender identity. There should be prompt reporting and investigation of any such incident.
  • Information related to gender identity shall be confidential and no disclosing of such information without the explicit consent of the concerned individual.
  • Infrastructure facilities such as unisex toilets and amenities like hygiene products to be provided for transgender persons.
  • Conducting regular training to raise awareness about transgender issues like education on Transgender Persons (Protection of Rights) Act, 2019 and Transgender Persons(Protection of Rights) Rules, 2020.
  • Appointment of Complaint Officer by the Head of Office for receiving complaints for investigation in all central and state government ministries and departments.
  • Employees should be encouraged to report the incident to the Complaint Officer.
  • Necessary action such as termination of job against any employee indulging in harassment or discrimination in contravention to the equal opportunity policy.
  • Head of the Department will be overall responsible to oversee and promote the effective operation of this policy.

To read about the issues of Transgender Community: Link

CERN moves ahead on Future Circular Collider (FCC)

Context: European Council for Nuclear Research, popularly known as CERN, plans to build a 91-kilometer-long largest particle collider underneath the Earth below the French and Switzerland borders.

About Future Circular Collider

  • Future Circular Collider is a proposed 91 km long at the CERN. It will overtake the 27 km long Large Hadron Collider (LHC) facility LHC is currently world’s largest particle collider.
  • Construction of the machine will require drilling a circular tunnel 200 metres underground. The facility will also have four experimental halls.
  • The facility will be used to collide electrons with their antimatter particles, positrons, with the aim of generating and studying in precise detail around one million Higgs bosons and other Standard Model particles.
  • FCC-hh: for hadron-hadron collisions, including proton-proton and heavy ion collisions.
  • FCC-ee: for electron-positron collisions
  • FCC-eh: for electron-hadron collisions
  • The second step would be an energy frontier collider, offering collision energies of 100 TeV or higher (i.e., 8 times the energy of the LHC) following developments in the superconducting and magnet technologies.
  • The final approval for the Future Circular Collider (FCC) will be given by CERN Council
image 104

Concerns against the Future Circular Collider

  • High cost of constructing the facility: Future Circular Collider facility will cost around 15 billion Swiss Francs. Bulk of the funding will come from the existing CERN budget. But the project will still require financial contributions from the countries that are full members of CERN (European Countries, USA & Japan etc.)
  • Criticism of design: A section of physicists have argued against the FCC’s design which aims to collide electrons with positrons. They have argued for colliding beams of muons instead of electrons or protons. Muons are much more massive than electrons, allowing for higher-energy collisions.

Other Proposed Particle Accelerators

  • High Luminosity LHC: High Luminosity Large Hadron Collider project aims to crank up the performance of the LHC to increase by increasing the integrated luminosity by a factor of 10 beyond the LHC’s design value. Luminosity is an important indicator of the performance of a particle accelerator as it is proportional to the number of collisions that occur in a given amount of time. The HL-LHC will produce at least 15 million Higgs bosons per year, compared to around three million from LHC. It is expected to be operational from 2029.
  • International Linear Collider (Japan): A proposed linear particle accelerator with a planned collision energy of 500 GeV with a possibility for a later upgrade to 1000 GeV. The ILC would collide electrons with positrons with length between 30 & 50 km. This will be more than 10 times as long as the 50 GeV Stanford Linear Accelerator, longest existing linear particle accelerator. Japan has shown interest in hosting the long planned International Linear Collider.
  • Circular Electron Positron Collider (China): A proposed Chinese electron positron collider. It would be world’s largest particle accelerator with a circumference of 100 kms.
  • Muon Collider: Particle Physicists in the US have called for building a muon collider. Muons are like electrons but about 200 times heavier. However, muons are unstable and quicly decay into other particles.

About CERN

  • CERN is an intergovernmental organisation that operates the largest particle physics laboratory in the world.
  • Established in 1954.
  • Based in Meyrin, western suburb of Geneva, on the France-Switzerland border.
  • Governance: CERN Council is the highest authority of the organisation.
  • CERN is an official UNGA observer. CERN's main function is to provide the particle accelerators and other infrastructure needed for high-energy physics research – consequently, numerous experiments have been constructed at CERN through international collaborations. 
  • Member States of CERN: Currently, there 23 member states of CERN: Austria, Belgium, Bulgaria, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Israel, Italy, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovak Republic, Spain, Sweden, Switzerland and the UK. Israel is the only non-European full member. (Cyprus, Estonia and Slovenia are Associate Member States in pre-stage to membership).
  • Associate Members of CERN: Croatia, India, Latvia, Lithuania, Pakistan, Turkiye and Ukraine. (India is also Associate member of CERN).

Cabinet Committee on Security approves mega Navy deal for Brahmos Missiles

Context: Cabinet Committee on Security has approved the acquisition of over 200 BrahMos extended range supersonic cruise missiles for deployment on warships of Indian Navy. The deal is expected to cost Rs 19,000 crore for the exchequer.

About Brahmos Supersonic Cruise Missiles

  • Brahmos is a medium range ramjet supersonic cruise missile.
  • Brahmos is a two stage missile:
    • First stage: Powered by solid propellant booster engine as its first stage with brings it to supersonic speed.
    • Second stage: Powered by Liquid ramjet engine that takes the missile closer to 3 Mach speed in cruise phase.
  • Flight range: Brahmos has a flight range of up to 290 km with supersonic speed all through the flight, leading to shorter flight time, consequently ensuring lower dispersion of targets, quicker engagement time and non-interception by any known weapon system in the world.
  • Altitude: Cruising altitude of Brahmos is up to 15 km and terminal altitude is as low as 10 metres.
  • Warhead capacity: It can carry a conventional warhead weighing 200-300 kgs.
  • Launch capability: Brahmos has capability to be launched from land, sea, air and submarines. Brahmos has identical configuration for all the platforms and uses a Transport Launch Canister for transportation, storage and launch.
  • Fire and forget principle: Brahmos operates on the principle of Fire and Forget which means that the missile system adopts varieties of flights on its way to the target.
  • Range of Brahmos was kept at 290 km as India was earlier not a signatory of the Missile Technology Control Regime (MTCR). MTCR prohibits member countries to transfer technologies for missiles with range up to 300 km. Since, Russia is a party to the MTCR it did complied with the regulations of MTCR.
image 98

Ship based Brahmos: This version has been designed for launch in either vertical or inclined mode from a moving or static maritime platform against sea or land targets. It has been deployed on Indian Navy's frontline surface combat platforms as the prime strike weapon. This version also has 'salvo' launch capability, where multiple missiles can be fired in different trajectories to hit a single or group of targets. It is primarily used as Anti-Ship Missile.

Air-launched Brahmos: Brahmos Air Launched Cruise Missile (ACLM) with precision attack capability against sea and land targets is the designed as the heaviest and most powerful weapon to arm Indian Air Force's Su-30 strike fighter.

Submarine launched Brahmos: Brahmos missile is capable of bring launched from submarine from a depth of 40-50 metres. The missile is launched in the same configuration similar to the ship launched system.

Brahmos-NG & Brahmos-II (Future versions of Brahmos)

  1. Brahmos-NG: Brahmos NG stands for Brahmos Next Generation. It is envisioned as a smaller and lighter but smarter weapon having high versatility, lethality and flexibility along with ultra-precision for deployment onboard a wide range of military platforms. Key features:
    1. Reduced dimension & weight for widespread range
    2. Advanced next generation stealth
    3. Greater effectiveness against ECCM
    4. Higher versatility in underwater combat applications
    5. Launch readiness from Torpedo tube and vertical orientation
  2. Brahmos II: It is a planned hypersonic cruise missile currently under joint development by Brahmos Aerospace. It is expected to have a range of 1,500 km and a speed of Mach 8. Since, India is now a signatory of the MTCR, Russia can transfer technologies for longer ranges.

About Brahmos Aerospace

  • Brahmos Missile is manufactured by Brahmos Aerospace which is a joint venture of DRDO (India) and NPO Mashinostroyenia (Russia). The company was established in India through an Inter-Governmental Agreement between India and Russia in 1998.
  • India has 50.5% ownership while Russia has 49.5% ownership in Brahmos Aerospace.
  • The name 'Brahmos' is combination of Brahmaputra (India) and Moskva (Russia) rivers.
  • Brahmos Aerospace is responsible for designing, developing, producing and marketing the Brahmos Supersonic cruise missiles with active participation of a consortium of Indian and Russian industries.
  • Indigenization of Brahmos: In 1998, indigenous contribution in the Brahmos system was around 30% only. However, now about 75% indigenous capacity has been achieved in the Brahmos missile project.
  • Exports: Brahmos missiles will be exported to the Philippines, which will its first global customer. Many countries from the Southeast Asian region have also shown interest in buying the system. Brahmos Aerospace aims to export $5 billion worth of missiles by 2025. Exports of Brahmos missiles to other countries would also allow sale and exports of other systems such as Akash, ATAGS Howitzers and other equipment from the Indian defence industry.