GS Paper 2

Supreme Court upholds Tamil Nadu Jalikattu Law

Context: A five judge bench of the Supreme Court upheld the amendments made by Tamil Nadu, Maharashtra and Karnataka to the Prevention of Cruelty to Animals (PCA) Act of 1960. These amendments allowed the bull taming sports like Jallikattu, Kambala and bullock cart races.

What is Jallikattu?

Jallikattu is a traditional bull-taming sport that is primarily practiced in the Indian state of Tamil Nadu. The word "Jallikattu" is derived from the Tamil words "Jalli" (meaning gold or silver coins) and "Kattu" (meaning a bundle). The sport involves the running of bulls in an open field, and participants attempt to grab the bull's hump and hold on to it for a certain distance or time to win prizes, which are usually tied to the bull's horns.

What is the controversy surrounding Jallikattu?

Controversy surrounding Jallikattu stems from concerns related to animal welfare and the treatment of the bulls involved.
Animal rights activists argue that the sport inflicts unnecessary harm and cruelty on the bulls.
They claim that the bulls are often subjected to physical abuse, including being prodded, poked, and harassed by the participants, which can lead to injuries and distress.
Activists also highlight instances where the bulls are reportedly force-fed alcohol or chili powder to agitate them before the event.

How the Supreme Court has seen this case so far?

In 2014, the Supreme Court of India banned Jallikattu, citing animal welfare concerns. The court observed that the bulls used in the sport are often subjected to unnecessary pain and suffering.
The ban sparked protests in Tamil Nadu, where Jallikattu is deeply rooted in the cultural and social fabric. Supporters of Jallikattu argue that it is an integral part of Tamil tradition and should be preserved as a cultural heritage.
They claim that proper regulations and safeguards can be implemented to ensure the welfare of the animals without completely banning the sport.
The controversy surrounding Jallikattu intensified in 2017 when widespread protests erupted in Tamil Nadu against the ban. The protests gained momentum, with people demanding the revival of the sport and a reversal of the court's decision.
Eventually, in 2017, the Tamil Nadu government passed an amendment to the Prevention of Cruelty to Animals Act, which exempted Jallikattu from the ban and allowed its practice under certain regulations. This move received mixed reactions, with some celebrating it as a victory for tradition and others expressing disappointment over what they perceived as a compromise on animal welfare.

What happened after the 2014 ban by the Supreme Court?

The Supreme Court over-ruled its 2014 judgement, which had essentially outlawed sports like Jalikattu, Kambala and Bullock Cart race.
In 2017, the Tamil Nadu government amended the PCA act thereby allowing jallikattu in the state. The state government sought exemption on grounds to preserve the cultural heritage of Tamil Nadu and to ensure survival and well-being of native breeds of bulls.
Following the Tamil Nadu, Karnataka government amended the PCA Act in Jan- 2017 to pave the way for Kambala.
In July-2017, Mahrashtra government also followed the suit.

What is the latest Supreme Court judgement all about?

Tamil Nadu Amendment Act is not a piece of colourable legislation.
2017 amendment act minimises cruelty to animals in the concerned sports.
The sports will not come under the definition of cruelty defined in the 1960 Act.
2017 amendment does not violate Article 51-A (g) and 51-A(h), which imposes duties of Indian citizen to protect the environment and develop scientific temper.
The amendment does not violate Article 14 and 21.

What is doctrine of colourable legislation?

The doctrine of colourable legislation is a legal principle used to determine the constitutional validity of a law or legislation. It refers to a situation where a law appears to be valid on its face, but its true purpose is to circumvent constitutional limitations or deceive the courts or the public.
The term "colourable" means something that appears to be true or genuine but is, in fact, false or deceptive. In the context of legislation, it refers to a law that is enacted under the pretense of exercising a valid legislative power, but its actual purpose is to achieve an unconstitutional objective.

What is Kambala?

Kambala is a traditional sport that originated in the southern coastal region of Karnataka, India. It is a form of buffalo racing that has been practiced for centuries in rural communities.
Kambala is usually held in the months of November to March during the harvest season.
In Kambala, two buffalo racers called "jockeys" run through a muddy paddy field while holding onto a wooden plow. The jockeys are typically barefoot and are often seen wearing colorful attire.

The buffaloes used in the race are specially bred and trained for this purpose. They are typically guided by the jockey, who tugs at the plow to urge the buffaloes to run faster.
Kambala is not only a sporting event but also a significant cultural celebration in the region. The races are often accompanied by traditional music and dance performances, and the entire community comes together to participate in the festivities. Kambala is seen as a way to honor and showcase the agricultural heritage of the region.

What is Bullock Cart race festival of Maharashtra?

Bullock cart racing starts from November and lasts till May.
It is a cultural activity and popular amongst farming community in Alibag Taluka in Maharashtra.
Local Bullock art owners and farmers arrange this race mostly in their villages. Bullock cart owners pay obeisance to Shri Nageshwar during Vaikunth Chaturdashi Yatra at Awas.

The Maharashtrian version of bullock cart racing was known as Bailgada Sharyat, a 450-year-old tradition of the farmers of Konkan, western Maharashtra and Marathwada.
These cattle races formed an integral part of the Jatras or village fairs that were held between Makar Sankranti and the Monsoon months, a time when the farmers were not busy in the fields.
The money that is raised by the races is utilized for the betterment of the village and for the renovation of the local temples. In this manner, cattle racing in India is an adventure sport that also helped to raise funds for social causes.

World Meteorological Organization

Context: In the final report released by the expert group setup by WMO highlighted a general negative association between temperature and Covid 19 transmission. The expert group was setup in 2020 to assess whether meteorological factors like heat and humidity had any role to play in transmission of Covid 19 virus.

About WMO

WMO is a specialized agency of the United Nations (UN) with 193 Member States and Territories.
It is the UN system's authoritative voice on the state and behaviour of the Earth's atmosphere, its interaction with the land and oceans, the weather and climate it produces and the resulting distribution of water resources.

Origin

WMO originated from the International Meteorological Organization (IMO), which was founded in 1873 to facilitate the exchange of weather information across national borders.
Established in 1950, the WMO became a specialized agency of the United Nations in 1951. Its mandate is in the areas of meteorology (weather and climate), operational hydrology and related geophysical sciences.
It has fostered collaboration between the National Meteorological and Hydrological Services of its Members and furthered the application of meteorology in many areas.
In collaboration with other United Nations agencies and National Meteorological and Hydrological Services, WMO supports the implementation of a number of environmental conventions and is instrumental in providing advice and assessments to governments on related matters. These activities contribute towards ensuring the sustainable development and well-being of nations.

Governance Structure

Secretariat: The Secretariat, headquartered in Geneva, is headed by the Secretary-General.
In June 2019, the World Meteorological Congress approved a reform of the WMO governance and a vision for 2030 as well as other changes that called for an overhaul of the structure of the Secretariat. One of the most important changes implemented thus far is the creation of a Board of Directors.
WMO undertakes this task through the National Meteorological and Hydrological Services of its Members, which own and operate the systems for collecting, processing and analysing information from thousands of observation systems, including satellites and ships. It also ask Services to develop climate change detection tools and software to compute indices that reflect the best estimate of climate trends within the countries.
WMO issues Annual, Five-Year and Decadal Statements on the Status of the Global Climate. These statements document extreme weather and climate events in the regional context and provide a historical perspective on the variability and trends of climate, particularly surface temperatures that have occurred since the 19th century.
India is a member of WMO. It has been the member since 1949 and India’s permanent representative is the head Director General of Meteorology of the IMD.

WMO reports

Green House Gas Bulletin
Status of World Climate

Canada-China Kerfuffle

Context: The Canadian government declared Chinese diplomat Zhao Wei “persona non grata,” for allegedly targeting a Canadian lawmaker critical of China’s human rights record. Hours later, China announced a “reciprocal countermeasure” by asking Jennnifer Lynn Lalonde, a top diplomat in the Canadian consulate in Shanghai, to leave the country by May 13. Tensions soared with China saying it holds the “right to take further actions in response”, while Prime Minister Justin Trudeau put out a strongly worded statement, reiterating that Canada will not be intimidated.

History of straining Canada-China ties?

Diplomatic ties between China and Canada have been unsteady for the past few years, especially after Canadian police arrested Huawei Technologies executive Meng Wanzhou on charges of fraud in 2018. A few days after her arrest, China detained two Canadians on spying charges a move then called “hostage diplomacy”
China had suspended imports of canola from Canada, alleging pests in the shipment
Canada has also alleged that the Chinese government attempted to interfere in the 2019 and 2021 federal elections a charge Beijing vehemently denies.
The two countries are also engaged in a technology battle. While Canada has limited the presence of Chinese firms in its communications infrastructure, Beijing believes the restrictions were imposed without any solid evidence.
The tension between the leadership was also visible at the G-20 summit in Indonesia last year, when Chinese President Xi Jinping and the Canadian PM exchanged barbs over leaked details of their meeting about Chinese interference in domestic affairs.

The Recent Spat:

At the centre of the latest spat is a report from the Canadian Security Intelligence Service (CSIS)
A series of media reports also highlighted about growing Chinese interference in Canada, a report on an intel document from 2021 which detailed potential threats to opposition lawmaker Michael Chong and his family in Hong Kong over the latter’s criticism of Beijing. Citing an anonymous national security official as its source, the newspaper reported that Chinese consul Zhao Wei was involved in gathering information about Mr. Chong and his family in Hong Kong to target him over his anti-Chinese sentiments
Michael Chong was targeted because he led legislative efforts in Canada’s House of Commons to declare China’s treatment of Uyghurs and other minorities in Xinjiang as “genocide”. In response, Beijing barred his entry into China.
After details of the CSIS report were revealed, the Canadian government was heavily criticised for its inaction against China. Internal deliberations followed about the future course of action, seemingly to prepare for any economic repercussions since China is Canada’s second-biggest trade partner.
Canada declared diplomat Zhao Wei “persona non grata” (Latin for an unwelcome person). Canada reiterated that it would “not tolerate any form of foreign interference in our internal affairs.”
China also responded strongly on actions of Canada, warning of retaliatory measures.
Chinese Foreign Ministry spokesperson Wang Wenbin had urged Canada to stop “unreasonable provocations”. Later China issued an order asking Ms. Lalonde to leave the country.

Conclusion:

The future course of diplomatic relations between the two countries will be sharply observed by neighbouring countries like USA, India etc which are themselves having contentious relationship with China and are apprehensive of aggressive rise of China at regional and global level.

Maternal Health

Context: In May, a United Nations report showed that India was among the 10 countries that together accounted for 60% of global maternal deaths, stillbirths and new born deaths. India accounted for over 17% of such deaths in 2020.

Reasons for Poor Maternal Health:

Malnutrition: Undernourished girls have a greater likelihood of becoming undernourished mothers who in turn have a greater chance of giving birth to low-birth-weight babies, perpetuating an intergenerational cycle of undernourishment.
Low literacy: According to 2011 census, around 35% of female is illiterate in India. Lack of adequate literacy deprives women awareness about nutrient-rich diet, good feeding practices and personal hygiene which ultimately impacts their maternal health.
Child Marriages: According to NFHS-5, about 25% of women aged 18-29 got married before reaching the minimum legal age of marriage. Increasing incidences of teenage pregnancies due to child marriages and inadequate access to contraceptives impacts their maternal health and one of the leading causes for Maternal mortality in India.
Climate change:

Studies shows that soaring temperatures due to heatwaves severely impact the maternal health of pregnant women. Women suffer more from yeast infections and UTIs (Urinary Tract Infections) in hot summers. Dietary habits that keep changing according to temperatures also impact Menstrual cycle.
Rapid climate changes globally have given rise to climate-driven food insecurities which disproportionately impacts the nutritional health of women in a patriarchal society.

A special bulletin was released by Registrar general of India on Maternal mortality ratio. Key findings of the report are:

Maternal mortality ratio (MMR) of India has declined by 10 points. It has declined from 113 in 2016-18 to 103 in 2017-19, an 8.8% decline.
The country has been witnessing a progressive reduction in the MMR from 130 in 2014-16, 122 in 2015-17 and 113 in 2016-18 to 103 in 2017-19.
With this persistent decline, India is on the verge of achieving the National Health Policy (NHP) target of 100 per lakh live births by 2020 and certainly on the track to achieve the Sustainable Development Goal (SDG) target of 70 per lakh live births by 2030.

This improvement has been possible due to continued efforts of government of India like

Janani suraksha yojana:

Implemented by Ministry of Health and family welfare
It is a safe motherhood intervention under the National Health Mission. It is being implemented with the objective of reducing maternal and neonatal mortality by promoting institutional delivery among poor pregnant women.
Cash incentives are given to beneficiaries for undergoing institutional deliveries.
The scheme focuses on poor pregnant woman with a special dispensation for states that have low institutional delivery rates, namely, the states of Uttar Pradesh, Uttarakhand, Bihar, Jharkhand, Madhya Pradesh, Chhattisgarh, Assam, Rajasthan, Orissa, and Jammu and Kashmir. While these states have been named Low Performing States (LPS), the remaining states have been named High Performing states (HPS).

Janani shishu suraksha karyakram:

A scheme under MoH&FW
It is an initiative to provide completely free and cashless services to pregnant women including normal deliveries and caesarean operations.
Free entitlements to pregnant women under this scheme are

Free and cashless delivery
Free c-section
Free drugs and consumables
Free diagnostics
Free diet during stay in the health institutions
Free transport from home to health institutions

Pradhan Mantri Surakshit Matritva Abhiyan (PMSMA):

launched by the Ministry of Health & Family Welfare (MoHFW)
Under PMSMA, all pregnant women in the country are provided fixed day, free of cost assured and quality Antenatal Care.
As part of the campaign, a minimum package of antenatal care services (including investigations and drugs) is being provided to the beneficiaries on the 9th day of every month.
The Abhiyan also involves Private sector’s health care providers as volunteers to provide specialist care in Government facilities.

LaQshya:

Labour Room & Quality Improvement Initiative (LaQshya) program will benefit every pregnant woman and newborn delivering in public health institutions. Program will improve quality of care for pregnant women in labour room, maternity Operation Theatre and Obstetrics Intensive Care Units (ICUs) & High Dependency Units (HDUs).

National food security act:

Special provisions have been made for pregnant women and lactating mothers by entitling them to receive nutritious meal through a wide network of ICDS centres.
Pregnant women and lactating mothers are further entitled to receive cash maternity benefit of not less than Rs. 6000 to partly complement the wage loss during the period of pregnancy and also to supplement nutrition.

Integrated Child Development Services (ICDS) Scheme:

Under Ministry of women and child development
The scheme provides Supplementary nutrition, immunizations and regular health check-ups of pregnant and lactating mothers.

PM Matru Vandana yojana:

Pradhan Mantri Matru Vandana Yojana (PMMVY) is a Maternity Benefit Programme that is implemented in all the districts of the country in accordance with the provision of the National Food Security Act, 2013.
All eligible Pregnant & Lactating Mothers would receive a Cash incentive of Rs 5000 in three instalments for first childbirth. Conditions attached to these instalments are

Early registration of pregnancy at the Anganwadi Centre (AWC)
Receiving at least one ante-natal check-up (ANC)
Registration of childbirth and vaccination of first cycle vaccines (BCG, OPV, DPT and Hepatitis-B).

Maternity Benefit Amendment Act:

Duration of the maternity leave increased to 26 weeks from 12 weeks.
Maternity leaves were extended to adopting and commissioning mothers. A commissioning mother is defined as a biological mother who uses her egg to create an embryo implanted in another woman.
The act provided that the employer may permit a nursing woman (after 26 weeks of maternity leave) to work from home if the nature of work permits.
All organizations with 50 or more employees are required to provide a Creche facility and during working hours, the concerned female employee must be allowed four visits to the crèche.

Washington Consensus

Context: As Prime Minister Narendra Modi steps up engagement with the US and its allies — at the G7 summit in Hiroshima this week, the Quad summit in Canberra week after, and bilateral visits to Washington and Paris in June and July— the restructuring of the global economic order will figure high on India’s bilateral and multilateral agenda. In the geopolitical domain and so in the geoeconomic, there is a growing convergence of interests between Delhi and Washington. Translating that into concrete outcomes will demand much hard work and some creative solutions

The United States today is seeking wider international consensus on the new economic approach from its allies and partners, including India. The Unites states is pushing its efforts to build a “New Washington Consensus” as there is also a geoeconomic competition between Washington and Beijing which had begun to develop in the Trump years and President Joe Biden has intensified it and lent a plausible ideological framework to it.
The term “Washington Consensus”, which gained ground in the late 1980s, referred to the shared prescriptions from the International Monetary Fund, World Bank, and US Treasury on deregulation, privatisation, and free trade for economic modernisation. By the 1990s, these recommendations gained widespread policy traction in the chancelleries of the world, including in India.

However the Washington Consensus has started showing fissures and the lacunas in the approach which are highlighted by the following reasons:

The conviction that the “markets know best” approach led to the hollowing out of the US industrial base. It was argued that in the name of oversimplified market efficiency, entire supply chains of strategic goods along with the industries and jobs that made them moved overseas. It was realised that deep trade liberalisation though helped America export goods, but not jobs and capacity.
Secondly the notion that “all growth was good growth”, led to the privileging of some sectors like finance “while other essential sectors, like semiconductors and infrastructure, atrophied”.
Thirdly, the old assumption “that economic integration would make nations more responsible and open, and that the global order would be more peaceful and cooperative”, also led to distortion wherein Unites States referred to the premise underlying China’s admission into the WTO in 2001 wherein admitting countries into the rules-based order should have incentivised them to adhere to its rules”. However the problems triggered by the integration of a “large non-market economy” like China into the WTO.

It was realised that the America’s economic policy must confront the urgent need for a “just and efficient transition” to green economic growth and the political imperative of reducing economic inequality at home that has undermined American democracy. Thus for this purpose the United States has offered a five-fold policy framework under the New Washington Consensus

The first is to return to industrial policy that was the hallmark of US economic development historically, but dismissed by economic neoliberalism in the last few decades. For this the US has restored the role of the state in pumping investments into semiconductor production and promoting the development and deployment of green technologies.
Second, the United States under its new approach is not seeking autarky or promoting protectionism. The US is not going alone, and wants to develop a joint effort with US allies and partners, including India.
Third, United States wants its friends and partners to look beyond traditional trade policies. Wherein he highlighted the US-proposed Indo-Pacific Economic Framework is not a free trade agreement.
Fourth, the US is trying to mobilise “trillions in investment into emerging economies with solutions that those countries are fashioning on their own, but with capital enabled by a different brand” of US economic diplomacy. This primarily involves offering an alternative to China’s Belt and Road Initiative, addressing the global debt crisis, and reforming multilateral development banks.
Lastly United States is also pushing the efforts to develop a new set of export controls on sensitive technology that will limit national security threats from China and other rivals.

ABOUT WASHINGTON CONSENSUS

A list of policies that had gained support among Latin American policymakers in response to the macroeconomic turbulence and debt crisis of the early to mid-1980s. These policies also had the backing of experts at Washington's international institutions—especially the International Monetary Fund and the World Bank, as well as the US Treasury—to help the recovery from the debt crisis and popularly came to be known as Washington Consensus

Fiscal Policy discipline, with avoidance of large fiscal deficits relative to GDP;
Redirection of public spending from subsidies ("especially indiscriminate subsidies") toward broad-based provision of key pro-growth, pro-poor services like primary education, primary health care and infrastructure investment;
Tax reform broadening the tax base and adopting moderate marginal tax rates;
Interest Rates that are market determined and positive (but moderate) in real terms;
Competitive exchange rates
Trade liberalization: liberalization of imports, with particular emphasis on elimination of quantitative restrictions (licensing, etc.); any trade protection to be provided by low and relatively uniform tariffs.
Liberalization of inward foreign direct investment
Privatization of state enterprises
Deregulation: abolition of regulations that impede market entry or restrict competition, except for those justified on safety, environmental and consumer protection grounds, and prudential oversight of financial institution
Legal security for property rights.

INDIA AND WASHINGTON CONSENSUS

Pursuit of this policy resulted in annual economic growth breaking out of the 3 to 5 percent band of the pre-1991 era. But redistribution of the extra wealth has been skewed. Those already better off have improved their living standards further whereas the large majority who lagged behind before have stagnated or grown poorer.
The emphasis of the WTO and the IMF on export-led growth encouraged cultivators to switch from food crops to fertilizer-intensive cash crops like cotton, coffee, sugarcane, groundnuts, pepper and vanilla. As a consequence, the daily per capita availability of food grains declined from 510 grams in 1991 to 422 grams in 2005.

Conclusion

It is for India to understand that the common themes in the economic strategies are many and these include China’s geoeconomic challenge, the dangers of dogmatic commitment to globalisation, the need for industrial policy to develop national manufacturing, technological cooperation among like-minded partners, building resilient supply chains, addressing the economic concerns of the Global South, and reforming the global financial institutions.

It is also important to understand that there will also be many disagreements on the identification of priorities as well as on the details of the specific outcomes in rearranging the global economic order. But Building on new opportunities and resolving new problems must be viewed as a historic opportunity for India’s economic statecraft. As the US is ready for substantive engagement with its partners and Delhi must be ready to respond.

Reproductive Rights

Reproductive Rights and Population control:

The right to reproductive choice means that women have a right to choose whether or not to reproduce, including the right to decide whether to carry or terminate an unwanted pregnancy and the right to choose their preferred method of family planning and contraception.

Women need some means to enforce these Reproductive rights:

Education: Education creates awareness among women and encourages them to adopt health family planning methods.
Financial Independence: Financial independence among women guarantees women the agency over reproduction.
Access to Contraceptives reduces unwanted pregnancies
Legal machinery: Strong laws to address the issues like Child marriages and vesting agency over their reproductive choices.
- E.g., Prohibition of child marriages Act (2006), Medical Termination of Pregnancy Act.

The above-mentioned means not only ensures women enforcing their Reproductive rights but also reduces Total fertility rates and hence arrests population growth. Thus, guaranteeing reproductive rights to women is essential to control population growth.

Reproductive rights and Gender justice:

India placed 130 out of 155 nations in the Gender Inequality Index (GII) 2020 released by the UNDP. One of the index's measurement pillars is "Reproductive Health “. This implies that reproductive rights are important for ensuring overall gender equality.

Maternal Health: Access to antenatal and postpartum care that is safe and of high quality will lower MMR.
Agency over reproduction: "Unwanted daughters" emerged in India as a result of women's lack of agency about reproductive choices and son-meta preference. This illustrates how crucial reproductive rights are to achieving gender equality.
Maternity leave: Providing maternity leave entitlements would ensure that young mothers’ ability to participate in the workforce is not hindered because of childbearing and child-rearing responsibilities.
Access to Contraceptives: High fertility is both a cause and symptom of poverty. Thus, the core causes of poverty would be addressed by making contraceptives and safe & legal abortion options accessible.
Menstrual leave: Menstrual leave and access to basic sanitation facilities for working women improve health outcomes and remove the stigma associated with the menstrual cycle in society.

Don’t create atmosphere of fear, Supreme Court cautions ED

Context: The Supreme Court on Tuesday cautioned the Enforcement Directorate (ED) against creating an “atmosphere of fear”, after the Chhattisgarh government alleged that the Central agency was “running amok” in the State to “implicate” Chief Minister Bhupesh Baghel in a money laundering case linked to a ₹2,000crore liquor scam.

The Directorate of Enforcement

The Directorate of Enforcement is a multi-disciplinary organization mandated with investigation of offence of money laundering and violations of foreign exchange laws. the Directorate is under the administrative control of Department of Revenue, Ministry of Finance, Government of India.

Evolution of directorate

The origin of this Directorate goes back to 1st May, 1956, when an ‘Enforcement Unit’ was formed in the Department of Economic Affairs for handling Exchange Control Laws violations under Foreign Exchange Regulation Act, 1947 (FERA ’47). There were 02 branches – at Bombay and Calcutta.
In the year 1957, this Unit was renamed as ‘Enforcement Directorate’, and another branch was opened at Madras. In 1960, the administrative control of the Directorate was transferred from the Department of Economic Affairs to the Department of Revenue.
With the passage of time, FERA’ 47 was repealed and replaced by FERA, 1973. Presently, the Directorate is under the administrative control of Department of Revenue, Ministry of Finance, Government of India.
With the onset of the process of economic liberalization, FERA, 1973, which was a regulatory law, was repealed and in its place, a new law viz. the Foreign Exchange Management Act, 1999 (FEMA) came into operation w.e.f. 1st June 2000. Further, in tune with the International Anti Money Laundering regime, the Prevention of Money Laundering Act, 2002 (PMLA) was enacted and ED was entrusted with its enforcement w.e.f. 1st July 2005.
Recently, with the increase in number of cases relating to economic offenders taking shelter in foreign countries, the Government has passed the Fugitive Economic Offenders Act, 2018 (FEOA) and ED is entrusted with its enforcement with effect from 21st April, 2018.

Statutory Functions

The statutory functions of the Directorate include enforcement of following Acts:

1. The Prevention of Money Laundering Act, 2002 (PMLA): It is a criminal law enacted to prevent money laundering and to provide for confiscation of property derived from, or involved in, money-laundering and for matters connected therewith or incidental thereto. ED has been given the responsibility to enforce the provisions of the PMLA by conducting investigation to trace the assets derived from proceeds of crime, to provisionally attach the property and to ensure prosecution of the offenders and confiscation of the property by the Special court.

2. The Foreign Exchange Management Act, 1999 (FEMA): It is a civil law enacted to consolidate and amend the laws relating to facilitate external trade and payments and to promote the orderly development and maintenance of foreign exchange market in India. ED has been given the responsibility to conduct investigation into suspected contraventions of foreign exchange laws and regulations, to adjudicate and impose penalties on those adjudged to have contravened the law.

3. The Fugitive Economic Offenders Act, 2018 (FEOA): This law was enacted to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts. It is a law whereby Directorate is mandated to attach the properties of the fugitive economic offenders who have escaped from the India warranting arrest and provide for the confiscation of their properties to the Central Government.

4. The Foreign Exchange Regulation Act, 1973 (FERA): The main functions under the repealed FERA are to adjudicate the Show Cause Notices issued under the said Act upto 31.5.2002 for the alleged contraventions of the Act which may result in imposition of penalties and to pursue prosecutions launched under FERA in the concerned courts.

5. Sponsoring agency under COFEPOSA: Under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), this Directorate is empowered to sponsor cases of preventive detention with regard to contraventions of FEMA.

Structure of Directorate of Enforcement

It is headed by Director of Enforcement and it is headquartered in New Delhi.
It has five regional offices headed by Special Directors and are located in Mumbai , Chennai , Kolkata, Chandigarh and New Delhi.
Further it has 10 zonal and 11 sub zonal offices headed by Deputy Directors and Assistant Directors respectively.

►EXTENDING TENURE OF ED CHIEF
Central Vigilance Commission (Amendment) Act, 2021 has extended the tenure of Director of Enforcement Directorate one year at a time, maximum up to five years.
The Amendment provides that in public interest, the tenure of Director of ED can be extended up to 1 year at a time on the recommendation of the Committee in writing. The bill extends the tenure up to a maximum period of 5 years in total including the period mentioned in the initial appointment. This means that the Director apart from his fixed tenure of two- years, can get three extensions of 1 year each by the central government.

Jurisdiction

Both FEMA or PMLA applies to the whole India including Jammu and Kashmir. So, the Enforcement Directorate can take action against any person on which this act applies.
The agency has jurisdiction over a person or any other legal entity who commits a crime whether he is a politician or a businessman. All the public servants come under the jurisdiction of the agency if they are involved in any offence related to the money laundering.

Reporting Matter to ED

A person cannot directly approach Enforcement Directorate. If someone wants to report a matter related to the violation of FEMA or PMLA act, he has to register a complaint with any other agency or Police than ED.
ED cannot take an action suo motu. One has to complaint to any other agency or Police first and then ED will investigate the matter and will identify the accused.

Functioning of ED under The Prevention of Money Laundering Act, 2002 ( PMLA )

The PMLA was brought in 2002, but was enacted only in 2005. The objective was to prevent parking of the money outside India and to trace out the layering and the trail of money.
So as per the Act, the ED got its power to investigate under Sections 48 (authorities under act) and 49 (appointment and powers of authorities and other officers).
If money has been laundered abroad, the PMLA court (constituted as per the Act) has the right to send a letter of rogatory under Section 105 (reciprocal arrangements regarding processes) of the Code of Criminal Procedure. The said government can then share the documents and evidence needed by the agency.
Whenever any offence is registered by a local police station, which has generated proceeds of crime over and above ₹1 crore, the investigating police officer forwards the details to the ED.
Alternately, if the offence comes under the knowledge of the Central agency, they can then call for the First Information Report (FIR) or the chargesheet if it that has been filed directly by police officials. This will be done to find out if any laundering has taken place.
The ED carries out search (property) and seizure (money/documents) after it has decided that the money has been laundered, under Section 16 (power of survey) and Section 17 (search and seizure) of the PMLA.
On the basis of that, the authorities will decide if arrest is needed as per Section 19 (power of arrest). Under Section 50 (powers of authorities regarding summons, production of documents and to give evidence etc), the ED can also directly carry out search and seizure without calling the person for questioning. It is not necessary to summon the person first and then start with the search and seizure.
If the person is arrested, the ED gets 60 days to file the prosecution complaint (chargesheet) as the punishment under PMLA doesn’t go beyond seven years. If no one is arrested and only the property is attached, then the prosecution complaint along with attachment order is to be submitted before the adjudicating authority within 60 days.

Defence Ministry’s iDEX reaches milestone

Context: Innovations for Defence Excellence (iDEX), the Ministry of Defence's flagship initiative, achieved a significant milestone with the signing of its 250th contract.

What is iDEX?

The Union Government introduced the Innovations for Defence Excellence (iDEX) framework to stimulate innovation and technological advancements in the Defence and Aerospace Sector.
This initiative engages various stakeholders, including Industries, MSMEs, start-ups, individual innovators, R&D institutes, and academia, with the goal of promoting self-reliance.
The scheme's primary objective is to offer financial assistance to approximately 300 Start-ups/MSMEs/individual innovators and approximately 20 Partner Incubators through the Defence Innovation Organisation (DIO).
In order to encourage the participation of start-ups, the Government provides substantial grants and facilitates their contributions to the defence sector.
Additionally, start-ups are granted easier and faster access to test facilities and infrastructure available with various Government agencies.
The framework promotes co-creation and co-innovation, streamlining operating procedures and reducing the need for extensive documentation.
Furthermore, the Government facilitates procurement processes, creating a conducive environment for start-ups to develop the aerospace sector within the country.

NHRC takes note of health workers’ woes

Context: The National Human Rights Commission (NHRC) has taken suo motu cognisance of a media report that cited a 250-300% increase in the circulation of child sexual abuse material (CSAM) on social media in India. The NHRC said the content is of foreign origin, and Indian investigation agencies have not come across any Indian-made child sexual abuse material so far.

Why are we covering it?

Because UPSC main syllabus has this line

Since NHRC is an important statutory body, we should cover it.

Also, it is always in news because of its functioning. More often than not we see it as an enervated organization unable to serve the primary objective: Protection of human Rights.

This can be substantiated by following instances:

In June 2016, the current chair of the NHRC and former chief justice of India, HL Dattu, described this institution over which he presided as “a toothless tiger.
In 2017, the Supreme Court of India seemed to support Justice Dattu’s remarks while dealing with the alleged extra-judicial killings of 1,528 persons in Manipur by police and armed forces.

So it behoves us to prepare the Issues and challenges plaguing NHRC (Mains perspective). As far as prelims perspectives is concerned, that is straight forward and you can find it in Prelims Pointer and/or PDF.

What is NHRC?

The National Human Rights Commission (NHRC) of India was established on 12 October, 1993. The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights (Amendment) Act, 2006.
It is in conformity with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in October 1991, and endorsed by the General Assembly of the United Nations by its Regulations 48/134 of 20 December, 1993.
The NHRC is an embodiment of India’s concern for the promotion and protection of human rights.
Section 2(1)(d) of the PHRA defines Human Rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

Composition Of The Commission

The Commission consists of a Chairperson, five full-time Members and seven deemed Members. The statute lays down qualifications for the appointment of the Chairperson and Members of the Commission.
There are four other members. These are:
- There should be one Member who is, or has been, a Judge of the Supreme Court.
- There should be one Member who is, or has been, the Chief Justice of the High Court.
- Two other members should be there who have the knowledge or practical experience in matters related to human rights.
The ex officio members of the Commission can be:
- The Chairpersons of the National Commission for Minorities,
- The Chairpersons of the National Commission for Women,
- The Chairperson of the National Commission for Scheduled Castes, and
- The Chairperson of the National Commission for Scheduled Tribe.
Appointment of the members
- On the recommendation of a committee, the President of India appoints the chairperson and the members of the National Human Rights Commission. The committee consists of the following members:
  - Prime Minister of India [CHAIRPERSON]
  - Home Minister of India
  - Speaker of Lok Sabha Leader of Opposition [Lok Sabha]
  - Leader of Opposition [Rajya Sabha]
  - Deputy Chairperson of Rajya Sabha

The Commission shall, perform all or any of the following functions, namely:-

Inquire, on its own initiative or on a petition presented to it by a victim or any person on his behalf, into complaint of-
- violation of human rights or abetment oR
- negligence in the prevention of such violation, by a public servant;
intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;
visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living condition of the inmates and make recommendations thereon;
review the safeguards by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation;
review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures;
study treaties and other international instruments on human rights and make recommendations for their effective implementation;

Issues and challenges of NHRC

Autonomy of the NHRC
- The Commission is supposed to be completely independent in its functioning, even though the Protection of Human Rights Act, (PHRA), 1993 does not say so.
- In fact, there are provisions in the Act which underscore the dependence of the Commission on the government.
  - For example:
    - Section 11 of the Act makes it dependent on the government for its manpower requirements.
    - Section 32 of the Act makees it financially dependent on the central government:
      - Central govt. shall pay to the Commission by way of grants such sums of money as it may consider fit.
  - Thus, in respect of the two most important requirements i.e. human resources and money, the Commission is not independent.
- Even the limited finds are not being used for human rights related functions
  - Large chunks of the budget of commissions go in office expenses, leaving disproportionately small amounts for other crucial areas such as research and rights awareness programmes.

Lacks enforcing powers
- NHRC does not have the backing of the Protection of Human Rights Act to penalise authorities which do not implement its orders hence maming it impossible for NHRC’s recommendations do not reach to the ground level as the
- The Act does not categorically empower the NHRC to act when human rights violations through private parties take place.
Lacks specialized persons who have dealt in Human rights issues
- The Act requires that three of the five members of a human rights commission must be former judges but does not specify whether these judges should have a proven record of human rights activism or expertise or qualifications in the area.
- Regarding the other two members, the Act is vague, saying simply: “persons having knowledge and experience of human rights.
- Bureaucratic style of functioning of govt staff :
  - On top of that, as human rights commissions primarily draw their staff from government departments – either on deputation or reemployment after retirement – the internal atmosphere is usually just like any other government office.
  - Strict hierarchies are maintained, which often makes it difficult for complainants to obtain documents or information about the status of their case.
- As non-judicial member positions are increasingly being filled by ex-bureaucrats, credence is given to the contention that the NHRC is more an extension of the government, rather than an independent agency exercising oversight.
Delay in disposal of cases
- Expectations from the commission was to keep a tight grip on its disposal, so that pendency was not allowed to increase.
  - Unfortunately, this did not happen and the number of cases pending with the Commission has been increasing sharply every year.
Under staffed:
- Either the Commission needs to get its staff strength increased or change methods of disposal so that the backlog of accumulated undisposed cases does not become heavy.
Low level of awareness about the Human rights in populace
- Among general populace
  - An awareness of rights is not institutionalized in our curriculum.
  - It is limited both in geography and knowledge as far as the public is concerned.
- Among Lawenforcers (Primary violators)
  - Eighty per cent of the training of a policeman in India is devoted to regimentation and a very little time was left to develop forensic skills or human rights awareness.
- Knowledge of the laws and one’s interpretation are limited to small groups of people who are educated and legally literate.

Delay in publication of reports:
- Delay in publication of annual reports by two or three years has been a constant problem. Annual reports for calendar years should be put online as soon as possible and no later than March of the succeeding year.
- The hard copy of the report should also be published at the same time.
Constrained against armed forces
- Since a very large number of complaints of human rights violations are directed against the members of the “armed forces”, the Act obviously weakens the NHRC’s effectiveness in providing redress to the public in such cases.
- All that the Commission, under Section 19 of the Act can do is to call for reports from the central government in such cases and then make recommendations to the government or not “proceed with the complaint” at all. Under the Act, the Commission has no power to enforce its decisions. The Act must be amended to make the Commission a strong, and vibrant institution, supporting democracy and good governance.
- Preventing the NHRC from independently investigating complaints against the military and security forces not only compounds the problems but also furthers impunity.

So, NHRC has to develop a strong image as a protector of the poor, marginalised and vulnerable groups. But that will not be possible without substantial changes in the legal framework itself.

"Supreme Court Collegium Recommends Prashant Kumar Mishra and KV Viswanathan as Supreme Court Judges"

Context: The Supreme Court Collegium headed by Chief Justice of India D Y Chandrachud on Tuesday recommended the appointment of Andhra Pradesh High Court Chief Justice Prashant Kumar Mishra and senior advocate K V Viswanathan as Judges of the Supreme Court.

If appointed, Viswanathan would be in line to serve as Chief Justice of India from August 12, 2030, till May 25, 2031. He would be the fourth CJI from the Bar — after former CJIs S M Sikri in 1971 and U U Lalit last year, and Justice P S Narasimha, who is in line for the top post in 2028

Appointment of Judges: Article 124

The judges of the Supreme Court are appointed by the president.
The chief justice is appointed by the president after consultation with such judges of the Supreme Court and high courts as he deems necessary.
The other judges are appointed by president after consultation with the chief justice and such other judges of the Supreme Court and the high courts as he deems necessary.
The consultation with the chief justice is obligatory in the case of appointment of a judge other than Chief justice.

Qualifications of Judges

A person to be appointed as a judge of the Supreme Court should have the following qualifications:

1. He should be a citizen of India.

2. (a) He should have been a judge of a High Court (or high courts in succession) for five years; or (b) He should have been an advocate of a High Court (or High Courts in succession) for ten years; or (c) He should be a distinguished jurist in the opinion of the president.

From the above, it is clear that the Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court.

What is collegium?

The Collegium System is one where the CJI and a forum of four senior-most judges of the Supreme Court recommend appointment and transfer of judges of higher judiciary.
The collegium system evolved through three different judgments which are collectively known as the Three Judges Cases.
Now, recommendations of collegium have been made public on the website of Supreme Court including the reasons for appointment or transfer.

FIRST JUDGES CASE - S.P GUPTA VS. UNION OF INDIA (1982) – (IN FAVOUR OF EXECUTIVE)

SC held - opinions of Chief Justice of India (CJI) and Chief Justice of respective High Courts were merely “consultative” and the power of appointment resides solely and exclusively with the Central Government.
Central government “could” override the opinions given by the Judges. Thus, the opinion of Chief Justice of India in matters of appointment was not given primacy in matters of judicial appointments under Article 217(1).

SECOND JUDGES CASE - S.C. ADVOCATES ON RECORD ASSOCIATION V. UNION OF INDIA (1993) – (PRIMACY OF JUDICIARY) – THE MATTER WAS DECIDED BY NINE JUDGE CONSTITUTION BENCH

The Court considered the question of “Primacy of opinion of CJI in regard to appointment of Supreme Court Judges”.
Referring to ‘Consultative Process’ as envisaged in Article 124(2), SC emphasized that Government does NOT enjoy primacy or absolute discretion in matters of appointment of Supreme Court judges.
Court said that provision for consultation with Chief Justice was introduced as CJI is best equipped to know and assess the worth and suitability of a candidate and it was also necessary to eliminate political influence.
Selection should be made because of ‘Participatory Consultative Process’ where Executive has the power to act as a mere check on the exercise of power by CJI to achieve constitutional purpose.
SC held that initiation of the proposal for appointment of a Supreme Court Judge must be by the Chief Justice.

THIRD JUDGES CASE - (1999) - RE: PRESIDENTIAL REFERENCE (EMERGENCE OF COLLEGIUM SYSTEM)

Supreme Court on a reference made by the President under Article 143 has laid down the following proposition with respect to appointment of Supreme Court judges:
While making recommendation, CJI shall consult four senior most Judges of Supreme Court. This led to the emergence of present Collegium System.
the opinion of all members of collegium regarding their recommendation shall be in writing.
the views of the senior-most Supreme Court Judge who hails from the High Court from where the person recommended comes must be obtained in writing for Collegium’s consideration.
If majority of the Collegium is against the appointment of a particular person, that person shall not be appointed.
Even if two of the judges have reservation against appointment of a particular Judge, CJI would not press for such appointment.
A High Court Judge of outstanding merit can be appointed as Supreme Court Judge regardless of his standing in the seniority list.

National Judicial Appointment Commission Act, 2014 declared as Unconstitutional

Violation of Basic Structure - Five Judge Bench of Supreme Court [4:1] declared the Constitution 99^th Amendment Act and the National Judicial Appointment Commission Act, 2014 as unconstitutional as it violated the Basic Structure of the Indian Constitution.
Inclusion of Members of Executive - Constitution 99^th Amendment introduced Article 124A which provided for the constitution and composition of the National Judicial Appointments Commission (NJAC) which apart from members of Judiciary also included Union Minister of Law & Justice and two Eminent Persons to be appointed by the Central Government.
Violation of Independence of Judiciary - SC held that Article 124A was insufficient to preserve the primacy of the judiciary, in the matter of selection and appointment of Judges to the higher judiciary as inclusion of members of executed violated independence of judiciary and the aspect of separation of powers. Accordingly, Article 124A (a) to

Sanchar Saathi Portal

About Sanchar Saathi Portal

Sanchar Saathi portal is a citizen centric initiative of the Department of Telecommunications to empower mobile subscribers, strengthen their security and increase awareness about citizen centric initiatives of the Government.

The portal empowers citizens by allowing them to know the mobile connections issued in their name, get disconnected the connections not required by them, block/trace lost mobile phones and check genuineness of devices while buying a new/old mobile phone.

Modules of Sanchar Saathi Portal

CEIR module facilitates tracing of the lost/stolen mobile devices. This also facilitates blocking of lost/stolen mobile devices in the network of all telecom operators so that lost/stolen devices cannot be used in India. If anyone tries to use the blocked mobile phone, its traceability is generated. Once a mobile phone is found it may be unblocked on the portal for its normal use by the citizens.
TAFCOP module facilitates a mobile subscriber to check the number of mobile connections taken in his/her name. It also facilitates reporting of mobile connection(s) which are either not required or not taken by the subscriber.
Keep Yourself Aware facility provides latest updates and awareness material on different aspects related to end user security, telecom and information security.

FAQs:

What is Sanchar Saathi Portal?

The Sanchar Saathi Portal is a comprehensive platform launched by the Department of Telecommunications (DoT) to help users track their mobile connections, block lost or stolen phones, verify connections, and prevent telecom fraud.

What are the key features of Sanchar Saathi Portal?

CEIR (Central Equipment Identity Register): Allows users to block or track lost/stolen mobile phones.
TAFCOP (Telecom Analytics for Fraud Management and Consumer Protection): Helps users verify the number of mobile connections issued in their name.
KYC Verification: Ensures that telecom connections are issued only after proper verification.

Can I block a mobile device if I haven’t filed a police complaint?

No, a police complaint or FIR is mandatory to block a lost or stolen device using the Sanchar Saathi Portal.

Can I track my lost phone using the Sanchar Saathi Portal?

Yes, after registering a complaint on CEIR, you may track the status of your device. If it is found to be operational on any network, the system will notify you.

Sexual Harassment at Workplace [POSH Act]

Context: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) is framed to provide protection to women at workplace against sexual harassment. The Act lays down rules for prevention and redressal of sexual harassment complaints by female workers.

Salient features of the act

The act defines sexual harassment at the work place and creates a mechanism for redressal of complaints. It also provides safeguards against false or malicious charges.
Every employer is required to constitute an Internal Complaints Committee (ICC) at each office with 10 or more employees. The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level.
The Complaints Committees have the powers of civil courts for gathering evidence.
Summoning and requiring the attendance of any person and interrogating him under oath;
Requirement to discover and produce documents.
The Complaints Committees are required to provide for conciliation before initiating an inquiry, if requested by the complainant.
Non-compliance with the provisions of the Act shall be punishable with a fine of up to Rs 50,000. Repeated violations may lead to higher penalties and cancellation of licence or registration to conduct business.

Issues with the implementation of the act:

Legal shortcomings:

Powers of civil court have been given to Internal Complaints Committee without specifying if members need to have a legal background.
Very modest fine of Rs 50,000 for non-compliance with the act is not enough deterrent.
Employer nominates members to Internal Complaints Committee (Conflict of Interest).
Prior internal inquiry and mandate for is misused promotes a culture of suppression of legitimate complaints to avoid the concerned establishment falling into disrepute.
Provision of conciliation in the act treats a criminal act as a civil dispute.
Law provides a punishing a woman if she is found to have filed a false or malicious complaint which is completely abusive provision intended to nullify the objective of law.
No data: Government maintains no centralised data relating to cases of harassment of women at workplaces, do not publicly compile and release data on how many companies and districts comply with guidelines and have committees, number of complaints filed and outcome of these complaints.
Local Complaints Committee dysfunctional: 95% of India's women workers are employed in informal sector, but Local Committees to be formed under POSH Act have either been not formed in most districts or is not well publicised about leaving women in informal sector with no avenue to report.
Social challenges: Women are discouraged to report sexual harassment incidents because of fear of being forced to withdraw from work by the family members.
Digital divide: Women can also file complaints through Women and Child Development Ministry's SHeBox, an online complaint platform for all women workers. But most India's women workers find it difficult to access these redressal methods, especially SHeBox, given the low number of women who use the internet in India is low.

Way forward:

Empowering National Commission of Women with power to summon people and carry out independent investigations, impose fines, search and seizure in matters of sexual harassment at workplace.
Awareness about the act should be increased among females, added to school and college curriculums. Discussions should be organised around these issues in civil society.
Special attention should be given towards sectors where women are most vulnerable to sexual harassment. E.g., Garment sector, Domestic workers.
Law needs to be made gender neutral as sexual harassment challenges can be faced even by transgenders and males.
Nationwide audit of functioning of Internal Complaints Committee and Local Complaints Committee. Earmarking of budget for the functioning of Local Complaints Committee.

Changes proposed in law:

Removal of penalty for false complaints.
Removal of a need for conciliation between complainant and respondent.
Formation of Local Complaints committee should be at block or tehsil level and not district level.
Justice Verma committee noted that Internal Complaints Committee system should be replaced by Employment Tribunal, as dealing with such complaints in-house could discourage women from coming out.