Daily News Bytes

Guyana Venezuela dispute

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Context: A British warship has arrived in Guyana amid rising tensions from a border dispute between the former British colony and Venezuela

Factors Contributing to Tensions:

Territorial Dispute: The primary cause of tension is the longstanding territorial dispute over the Essequibo region, a significant part of Guyana. Venezuela disputes the 1899 Arbitral Award that established the border, claiming historical grievances.

  1. 1899 Arbitral Award:
    • The 1899 Award settled the boundary dispute, allocating the majority of the disputed territory to British Guiana. Venezuela consistently challenges the legitimacy of this ruling.
  2. Oil and Natural Resources:
    • The discovery of oil reserves in Guyana's Stabroek Block intensified tensions, as the disputed Essequibo region is believed to be Resource-rich. Venezuela objected to Guyana's oil exploration, escalating the dispute.
  3. Political Changes and Regional Dynamics:
    • Changes in political leadership in both nations influenced the dispute, sometimes exploiting historical grievances for domestic support.
  4. Diplomatic Efforts:
    • Past diplomatic efforts, involving the UN, US, and regional organizations, failed to yield a resolution.
  5. International Involvement:
    • The international community generally supports Guyana's sovereignty based on the 1899 Award. Venezuela seeks to internationalize the issue and challenges the award's validity.
  6. Military Posturing:
    • Instances of military posturing by both nations raised concerns about potential conflict.

Way Ahead - Suggestions for Resolution:

  1. International Mediation: Encourage international mediation facilitated by neutral parties like the UN or OAS for constructive dialogue.
  2. Bilateral Talks: Promote direct, open, and sincere bilateral talks to address underlying issues.
  3. Utilize Regional Organizations: Leverage regional organizations like CARICOM for dialogue and regional cooperation.
  4. Legal Clarification: Seek legal clarification on the 1899 Award, potentially referring the matter to the ICJ.
  5. Economic Cooperation: Explore economic cooperation and joint ventures to reduce tensions.
  6. People-to-People Diplomacy: Promote cultural exchanges and joint projects to foster positive relations at the grassroots level.
  7. Conflict Prevention Mechanisms: Establish mechanisms for conflict prevention, including transparency in military activities.

  8. Engage International Community:  Seek support from the international community for a peaceful resolution.

  9. Long-Term Vision: Develop a long-term vision for regional cooperation addressing underlying issues.

  10. Public Diplomacy: Engage in public diplomacy to garner public support for diplomatic solutions. Both nations need commitment to dialogue, compromise, and a shared vision for regional stability. Success requires patience, perseverance, and a genuine willingness to find common ground.

 

 

 

Coal production in country

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Context: The coal production in the country has shot up to over 664 million tonnes during the current financial year which is a robust 12.29 percent increase over the corresponding figure of over 591 million tonnes for the same period of the previous year.

Significance:

  • This increase ensures a consistent and robust coal supply to meet the energy needs of the power sector.
  • Efficient coal supply to Thermal Power Plants has resulted in robust coal stock levels at various pitheads, highlighting the effectiveness of the coal supply chain in ensuring seamless distribution nationwide.

Types of coal:
Coal, originating from the organic matter of wood, is formed through a gradual process. When extensive forest areas become submerged under sediments, the wood undergoes combustion and decomposition due to heat from below and pressure from above. This transformative process into coal unfolds over centuries.
The classification of coal is based on its carbon content and the time period involved. Considering carbon content, coal can be categorized into three types:

Anthracite:
Recognized as the highest-quality coal, anthracite boasts the highest calorific value, containing 80 to 95% carbon. It exhibits slow ignition with a distinct blue flame and is found in limited quantities, notably in Jammu and Kashmir.
Bituminous:
With a low moisture content and a carbon content ranging between 60 to 80%, bituminous coal is valued for its high  calorific value. Deposits of bituminous coal are prevalent in states such as Jharkhand, West Bengal, Odisha, Chhattisgarh, and Madhya Pradesh.

Lignite:
Characterized by a carbon content of 40 to 55%, lignite, often brown in color, has high moisture content, resulting in smoke during combustion. Deposits of lignite are found in regions like Rajasthan, Lakhimpur (Assam), and Tamil Nadu.
Peat:
Representing the initial stage of the wood-to-coal transformation, peat has a low calorific value and contains less than 40% carbon.
This classification based on carbon content provides a comprehensive understanding of the diverse types of coal and their respective qualities.
Coal Imports

  • In adherence to the existing import policy, consumers are granted the freedom to import coal, subject to an Open General Licence, allowing them to make import decisions based on their commercial judgment and requirements.
  • Steel Authority of India Limited (SAIL) and other steel manufacturing units are engaged in importing coking coal primarily to address the gap between demand and domestic availability, aiming to enhance production quality.
  • Non-coking coal is imported by various entities, including coal-based power plants, cement plants, captive power plants, sponge iron plants, industrial consumers, and coal traders.
  • For pig-iron manufacturers and consumers in the iron and steel sector utilizing mini-blast furnaces, coke is a major import.

Significance

  • India heavily relies on coal, constituting half of its commercial primary energy and serving as the primary SOURCE for electricity generation.
  •  In opencast coal mines, miners often avoid deep underground work as machinery takes on the bulk of extraction tasks, simplifying the process.
  • The ease of transport and storage, without the need for specialized equipment, contributes to the cost-effectiveness of coal-fired electricity.
  • Coal, when stored in cool and dry conditions, can be preserved indefinitely.
  • Moreover, coal power is economically advantageous compared to wood, oil, or gas-based heating. The coal industry provides substantial employment across various communities.

Disadvantages

  • However, the burning of coal generates pollutants like carbon dioxide, nitrogen oxides, sulphuric acids, and arsenic.
  • This combustion contributes to increased atmospheric CO2 levels, amplifying the sun's reflective power and contributing to global warming.
  • Extensive transportation networks required for coal distribution lead to environmental pollution through vehicle emissions.
  • Miners, despite protective measures, face health risks, notably coal miners' pneumoconiosis or black lung disease resulting from prolonged exposure to coal dust.

Way Forward

  • To enhance production and competition, there is a need for more world-scale coal operations. The government should reconsider coal pricing, transitioning from quantity-based grades to grades based on desired end-use.
  • A competitive coal mining sector can improve the country's capital-raising capacity. As railway projects face delays, alternative bulk transportation routes for coal must be explored.
  • The coal sector's major challenge, risk management, requires innovative instruments, contracting, and incentives. Introducing targeted financing can address growing issues in the power sector.
  •  Given India's coal's high ash content, efforts to reduce ash content and improve the grade would be beneficial.

 

Donkey routes: En route Europe, how Indians visit several countries to create ‘travel history’

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Context: Last year, Serbia had to change its visa rules because of the illegal migrants, including Indians, flooding it as an entry point to Europe.
Background:

  • Serbia modified its visa rules last year due to pressure from the European Union, prompted by the misuse of its visa-free regime. Indians, among others, were exploiting this route as an illegal transit to enter European countries like Austria, Hungary, and Romania.
  • European authorities discovered over 1.3 lakh illegal immigrants in the first 10 months of 2022, with many being nationals from countries that previously had visa-free access through Serbia.
  •  Indians seeking illegal entry often manipulated their travel history by visiting countries like Nepal, Dubai, and Armenia before entering Serbia. This was done to present a credible travel background to immigration authorities.
  • The recent incident of a flight carrying 303 Indian nationals being halted in France, en route to Nicaragua, indicates a similar strategy. The passengers aimed to establish a travel history to appear as tourists, even though the visa requirements for Indians in Nicaragua are unclear.

Unpredictable and harsh journey

  • Agents often connect migrants, seeking illegal entry, with 'donkers' or people smugglers upon arrival in transit countries to facilitate their illegal passage to the final destination.
  • These 'donkers' charge exorbitant fees for their services, assisting migrants in evading border authorities and reaching their intended destinations.
  • Migrants frequently endure harsh and inhuman conditions during transit, lacking basic necessities like food, water, and proper ventilation. They are often concealed in cramped containers or delivery vehicles.

Case study: A 2021 case highlighted a young man from Punjab attempting to reach Italy via the Dubai-Serbia-Romania-Hungary route. He was transported in a small box in a delivery truck from Romania to the Hungarian border but returned to India after being unable to reach Italy.

  • A 2009 UNODOC report on Smuggling of Migrants from India to Europe documented cases of migrants drowning in unsafe vessels, suffocating in overcrowded trucks and ships, and falling victim to smuggling gangs.
  • A tragic incident in 1996 saw 283 migrants, mostly from Punjab, perish when their overcrowded boat capsized in the Mediterranean near Malta, highlighting the dangers of such illegal migration routes.
  • Even those who successfully reach their destination often find themselves trapped in cycles of exploitation and abuse, with many cases going unreported due to the migrants' fear of arrest and deportation.

Risks and challenges:

  1. Unconventional Migration Technique: Donkey flights involve the use of multiple, often indirect flight connections to enter a target country, usually one with stringent entry requirements.
  2. Motivated by Desperation and Misinformation: Individuals resort to this practice driven by desperation and misinformation, exploiting weaknesses in immigration systems.
  3. Risks to Individuals and Destination Countries: Donkey flights pose significant risks to individuals and raise concerns for destination countries due to their irregular nature.
  4. International Trafficking Connections: Agents in India collaborate with traffickers, establishing a connection all the way to the US. Failure to make payments can be a life-threatening situation for migrants.
  5. High Costs Involved: Donkey trips are expensive, with an average cost ranging from Rs 15 lakh to Rs 40 lakh. In some cases, costs escalate to as high as Rs 70 lakh.
  6. Legal Consequences: Illegally entering a country exposes migrants to risks such as detention, deportation, and potential criminal charges.
  7. Safety and Health Hazards: The lengthy and challenging journeys, unfamiliar environments, and the potential for exploitation contribute to physical and mental health risks for migrants.

Possible destinations:
Europe:

  •  Between 2005 and 2007, nearly 47% of immigration-related offences at Delhi airport were linked to destination countries in Europe.
  •  Approximately 27% of these cases were specifically associated with irregular migration to the United Kingdom.
  • Most instances of illegal migration to the UK involved routes through France, either after landing with a direct visa or reaching France through irregular routes facilitated by 'donkeys'.
  • Other preferred European destinations for irregular migration included Germany, Austria, Spain, Belgium, Italy, Greece, Norway, Switzerland, Sweden, Netherlands, Portugal, Finland, Poland, and Czech Republic.
  • Bosnia, Portugal, Poland, Czech Republic, and Hungary were identified as likely transit countries for onward travel, chosen due to easier visa processes.

America:

  • The popular donkey route from India to the US involves the initial step of reaching a Latin American country.
  • Countries like Ecuador, Bolivia, and Guyana offer visas on arrival for Indian citizens, facilitating the early stages of the journey
  • Brazil and Venezuela are among the countries that readily grant tourist visas to Indians, making them accessible stops in the migration route.
  • A contemporary trend is observed where migrants first travel to Europe before heading directly to Mexico
  • The strategy involves utilizing Latin American countries as a transit point to eventually reach the United States, reflecting the evolving dynamics of migration routes.

Estimation of migration of Indians

  • A considerable number of Indians are reportedly stranded in Spain after entering the country illegally, seeking general amnesty.
  • Indian detainees are also reported in various countries, including Ukraine, Turkey, Slovakia, Malaysia, Romania, and Poland, with intentions to reach Western European countries.
  • Indian Missions and Posts lack reliable data on the number of Indians staying or working illegally in foreign countries due to the lack of information-sharing by host nations.
  • Irregular migration is not limited to Punjab, with reports indicating significant numbers from Haryana, Himachal Pradesh, and Jammu & Kashmir.

Donkey flight

The term "donkey flight" originates from the Punjabi language, where it signifies the practice of moving from one place to another. This illicit method of immigration has become synonymous with the exploitation of vulnerable individuals who, enticed by the prospect of international travel, become victims of deceitful promises made by unscrupulous agencies. Numerous desperate families invest money with the expectation of obtaining promised visas.

Global impacts:

  1. Challenges for Destination Countries: The use of donkey flights can place significant pressure on immigration systems and give rise to security issues
  2. Ethical Considerations: Exploiting loopholes in immigration processes raises ethical questions about fairness and the treatment of vulnerable individuals
  3. Risk of Human Trafficking: Criminal networks might take advantage of desperation, potentially trapping individuals in exploitative situations

Way forward:

Addressing and tackling this problem requires the generation of additional employment opportunities within home countries. Initiatives should be implemented to offer facilities that contribute to an improved quality of life and livelihood. Stringent measures must be enforced against intermediaries involved in orchestrating these donkey route operations.

 

The hottest year

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Context: With temperatures at all-time high in 2023, 2024 will be pivotal in reducing emissions, without compromising developmental needs

News:

  1. COP 21 Agreement: Eight years ago in Paris, countries agreed to limit global temperature increases to well below 2 degrees Celsius above pre-industrial levels and strive for a 1.5-degree Celsius limit as a defense against climate change.
  2. Unwritten Concord on 1.5 Degrees Celsius: The increasing frequency of extreme weather events post-COP 21 led to an informal consensus on the 1.5-degree Celsius limit as a crucial threshold in climate change mitigation.
  3. Close Approach to Threshold: In 2023, global temperatures came dangerously close to the 1.5-degree Celsius limit, with an average rise of 1.46 degrees Celsius above pre-industrial levels till November.
  4. Record-Breaking Temperatures: Every month from June onwards set a new record for being the hottest such month on record. November even saw two days warmer than 2 degrees Celsius above pre-industrial levels.
  5. Confirmation by WMO: The World Meteorological Organisation's (WMO) provisional State of the Global Climate Report confirms 2023 as the warmest year on record.
  6. Forecast for 2024: The WMO predicts that the planet will continue to get hotter in 2024, citing the influence of a warming El Niño event that emerged during the Northern Hemisphere spring of 2023.
  7. El Niño Impact: The report suggests that the El Niño event is likely to further intensify the heat in 2024, as El Niño typically has the most significant impact on global temperatures after reaching its peak.

Reasons of high temperatures:

  • Global Warming and Climate Change: The overall rise in temperatures globally due to climate change is a significant factor. Over the last century, India has witnessed a warming trend, with an approximate 0.6°C temperature increase, as per the India Meteorological Department (IMD).
  • Local Weather Conditions: Specific weather conditions, including clear skies, low humidity, and minimal wind, contribute to temperature escalation. For instance, clear skies allow maximum solar radiation to reach the Earth's surface, leading to heightened heating
  • Urbanization and Urban Heat Island Effect: Urbanization and the prevalence of concrete structures in cities contribute to the urban heat island effect. The use of materials like concrete and asphalt absorbs and retains heat, leading to elevated temperatures. Delhi's urban heat island is an example of this phenomenon
  • Deforestation and Land-Use Changes: Changes in land use, particularly deforestation, impact local climate patterns and reduce natural cooling mechanisms. For instance, deforestation reduces the presence of trees and vegetation that provide shade and evaporative cooling, resulting in increased surface temperatures.
  • Regional Weather Patterns: The influence of regional weather patterns, such as delayed or absent monsoon rains, contributes to prolonged dry spells and the occurrence of heatwave conditions. In instances of weak or delayed monsoons, reduced moisture availability leads to high temperature conditions.
  • Geographic Factors: Geographic elements, including the presence of heat-trapping features like mountains or deserts, amplify temperatures in specific regions. For example, geographical features such as mountains can create rain shadow regions, blocking moisture and resulting in arid conditions and higher temperatures.

Impacts:

  1. Health Impacts: Heat waves contribute to increased mortality and heat-related illnesses, particularly affecting vulnerable populations like the elderly and outdoor workers.  For instance, a study from the Indian Meteorological Department revealed that heat waves caused around 2,500 deaths in India in 2015.
  2. Agricultural Consequences: Heat waves resulting from high temperatures result in significant crop damage, leading to reduced agricultural productivity and economic losses for farmers
  3. Water Scarcity: Increased water evaporation intensifies water demand for irrigation and domestic use, exacerbating water scarcity issues in regions already facing water stress.
  4. Infrastructure Damage: Extreme temperatures can cause materials to expand, resulting in damage to roads, bridges, and buildings. Railway tracks may buckle under intense heat, disrupting transportation systems. In 2015, a heat wave caused widespread power outages in India, impacting millions.
  5. Ecosystem Disruptions: High temperatures disrupt ecosystems by causing habitat loss, altering plant and animal behavior, and elevating the risk of wildfires. These disturbances have long-term implications for biodiversity and ecological balance.
  6. Social and Economic Disruptions: Heat waves lead to social disruptions, prompting migration from rural to urban areas for relief from extreme heat. This migration strains urban Resources and services. Additionally, economic losses from heat-related damages and decreased productivity affect various sectors of the economy.

Measures for Climate Change Mitigation:

  1. Transition to Renewable Energy:
    • Encourage the adoption of renewable energy Sources like solar, wind, and hydropower to decrease dependence on fossil fuels
    • Promote research and development initiatives aimed at creating efficient and clean energy production technologies
  2. Forest Conservation and Reforestation:
    • Implement sustainable forest management practices and support reforestation projects to enhance carbon sequestration
  3. Adoption of Sustainable Agriculture:
    • Promote climate-resilient farming methods, agroforestry, and effective water management techniques
    • Advocate for organic farming and reduce reliance on synthetic fertilizers and pesticides
  4. International Cooperation:- Strengthen global collaboration and agreements, such as the Paris Agreement, to reduce greenhouse gas emissions and advance sustainable development.

Climate change presents significant challenges to ecosystems and human societies. By comprehending its causes and  consequences and implementing impactful mitigation measures, we can work towards protecting the environment, fostering sustainable development, and ensuring a resilient future for future generations.

Floods and a ‘preventive measure’ that needs review

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Context: The article underscores the enduring consequences of choices made post-Cyclone Michuang in Chennai, particularly concerning electricity disruptions. The core concept emphasizes the importance of accountability in decision-making during crises, underscoring the delicate equilibrium between safety precautions and potential risks for vulnerable groups, notably the elderly. Moving forward entails  

Evident and Noticeable Outcomes: The decisions taken in the aftermath of Cyclone Michuang resulted in immediate and observable consequences, such as the untimely release of reservoir water during the 2015 floods, leading to tragic consequences due to insufficient warning.

Hidden and Subtle Outcomes: Some outcomes were less conspicuous, like the prolonged power outage following the cyclone, posing risks to the elderly and compromising safety within households. This underscores the importance of a well-balanced approach.

Responsibility for Decisions: Decision-makers should be held responsible for their actions during a crisis, acknowledging the dynamic nature of decision-making and its potential impact on public safety and welfare.

Challenges of Power Interruptions During Cyclones

Reasoning Behind Power Interruptions: The justification for halting electricity supply as a safety measure during cyclones appears sound. However, the unintended repercussions, such as safety hazards in unlit homes and communities, necessitate careful examination. Concerns About Specific Demographics: Vulnerable groups, particularly the elderly living independently, encounter heightened risks during extensive power disruptions. This underscores the need to assess decisions within a broader societal context Balancing Act in Decision-Making: Decision-makers grapple with the task of harmonizing safety protocols with the potential adverse outcomes of prolonged power interruptions. This demands a nuanced and continuously adaptable decision-making approach.

Improving Decision-Making Processes

Emotional and Psychological Complexities: Decision-making amid crises poses emotional and psychological complexities, demanding a thoughtful evaluation of potential life-saving measures and their unintended consequences.

Rationale and Record-Keeping: Decision-makers need to provide real-time justifications and document their actions for effective reviews. Premature restoration or unjustifiable prolongation of power cuts both pose substantial risks. Shared Responsibility and Accountability: In a democratic setting, decision-makers should embrace accountability, preventing unchecked authority. Adopting a hierarchical model, regular evaluations, and involving multiple individuals can enhance decision-making processes and accountability.

Recommendations for the Future:

  • Implementing a structured hierarchy with graduated levels of responsibility.
  • Engaging multiple individuals in significant decision-making processes.
  • Regular assessments conducted by an oversight team to scrutinize and rectify questionable decisions.
  • Assigning accountability for sub-optimal choices.

 

PSLV-C58 XPoSat mission

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Context:  The Indian Space Research Organisation (ISRO) kicked off the new year with the launch of the PSLV-C58 X-ray Polarimeter Satellite (XPoSat) on January 1, 2024.

  1. On January 1, 2024, the PSLV-C58 mission achieved success, placing the primary satellite, XPoSat, into the intended orbit of 650 km with a 6-degree inclination
  2. The successful launch of XPoSat makes India the second nation globally to send an observatory for studying astronomical Sources, including black holes and neutron stars
  3. PSLV Orbital Experimental Module-3 (POEM-3): During the mission, the POEM-3 experiment was executed to meet the objective of deploying 10 other payloads
  4. PS4 Stage Operations: After injecting XPoSat into a 650 km, 6-degree orbit, the PS4 stage was lowered to a 350 km, ~9.6-degree orbit by restarting it twice. The PS4 stage serves as a 3-axis stabilized orbital platform for conducting experiments with space-qualify systems
  5. Launch of 10 Payloads: The PSLV also launched 10 payloads developed by start-ups, educational institutions, and ISRO centers, including Radiation Shielding Experimental Module (RSEM), Women Engineered Satellite (WESAT), BeliefSat-0 Amateur radio satellite, Green Impulse TrAnsmitter (GITA), LEAP-TD, RUDRA 0.3 HPGP, ARKA-200, Dust Experiment (DEX), ISRO Fuel cell Power System (FCPS), and Si-based High Energy cell

XPoSat

  • XPoSat, or X-ray Polarimeter Satellite, is India's pioneering mission in polarimetry designed to study astronomical Sources in extreme conditions.
  • It represents the world's second X-ray polarimetry mission after NASA's Imaging X-ray Polarimetry Explorer (IXPE) launched in 2021.
  • A collaborative effort between ISRO and the Raman Research Institute (RRI) in Bengaluru, Karnataka.

Scientific Payloads:

  • XPoSat carries two primary scientific payloads: Polarimeter Instrument in X-rays (POLIX) and X-ray Spectroscopy and Timing (SPECT).
  • POLIX measures polarimetry parameters like degree and angle of polarization in the medium X-ray energy range (8-30 keV) from astronomical Sources.
  • SPECT provides timing and spectroscopic information within the energy range of 0.8-15 keV for X-ray photons.

Significance in Astronomical Understanding:

  • Polarimetry measurements serve as a valuable diagnostic tool for understanding emission processes from various astronomical Sources.
  • Complex emission mechanisms from Sources like black holes, neutron stars, active galactic nuclei, and pulsar wind nebulae pose challenges to current understanding.
  • Combining polarimetric observations with spectroscopic and timing data aims to overcome limitations in comprehending these astronomical emission processes.

 

Domestic Systemically Important Banks (D-SIBs)

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Context: Recently, the Reserve Bank of India (RBI) issued its list of Domestic Systemically Important Banks (D-SIBs).

News:

  • In the recent update by the Reserve Bank of India (RBI), both the State Bank of India (SBI) and HDFC Bank have been reclassified to higher tiers, while ICICI Bank maintains its existing categorization from the previous year
  • The revised classifications place SBI in buckets 3 to 4 and HDFC Bank in buckets 1 to 2.
  • This adjustment is attributed to the recognition of HDFC Bank's heightened systemic significance following the merger of the former HDFC Limited into HDFC Bank on July 1, 2023.
  • The update influences the application of an additional common equity requirement, determined by the assigned bucket for a Domestic Systemically Important Bank (D-SIB). Common Equity Tier 1 (CET1), constituting part of Tier 1 capital, primarily consists of common stock held by a bank or other financial institution.
  • Banks in bucket 1 must maintain a 0.15% incremental tier-I capital from April 2018.
  • Banks in bucket 3 have to maintain an additional 0.45%. 

About Domestic Systemically Important Bank (D-SIB):

  • The Reserve Bank introduced the Framework for managing Domestic Systemically Important Banks (D-SIBs) in 2014.
  • According to the D-SIB framework, the Reserve Bank is obligated to reveal the names of designated D-SIBs annually, beginning in 2015.
  • The designation involves placing these banks into specific buckets, determined by their Systemic Importance Scores (SISs).
  • Depending on the assigned bucket, an extra common equity requirement must be imposed on a D-SIB.

Features:

  • The designation of Domestic Systemically Important Banks (D-SIBs) implies that these banks are deemed 'too big to fail.'
  • In the event of a bank failure, there would be significant disruptions to crucial services provided by the bank to both the banking system and the broader economy.
  • The 'too big to fail' designation also signifies an expectation that the government will provide support to these banks in times of financial distress.
  • The Reserve Bank of India (RBI) classifies these banks into five buckets based on their order of importance
  • Factors contributing to the systemic importance of these banks include their size, cross-jurisdictional activities, complexity, and a lack of substitutes and interconnections.
  • A quantitative criterion for inclusion in this group is that banks with assets exceeding 2% of the Gross Domestic Product (GDP) are considered part of the D-SIBs.
  • Due to their economic and national significance, these banks are required to maintain a higher proportion of risk-weighted assets as tier-I equity, resulting in enhanced capital requirements.

 

Immoral Traffic (Prevention) Act, 1956

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Recently the Kerala High Court ruled that a customer in a brothel can be charged under the Immoral Traffic (Prevention) Act, 1956.

What is the Immoral Traffic (Prevention) Act, 1956?

Human trafficking – Forced or illegal transfer of people for the purpose of labour or other illegal activities.

Under Article 23 (1) of Indian constitution, trafficking in human beings or persons is prohibited in India.

Passed in – 1956, as All India Suppression of Immoral Traffic Act (SITA) in pursuance of the International Convention signed by India in 1950, for the prevention of immoral traffic.

Objective – To prevent the commercialisation of vices and the trafficking of females.

Amendment Act of 1986 – It has amended the title to ‘Immoral Traffic (Prevention) Act’ and replaced the words ‘Women and Girls’ with the word ‘Persons’.

  • It now prohibits traffic in human beings and not traffic in women and girls alone and a framework to inhibit or abolish commercialized traffic in persons.
  • It provides for rehabilitating those rescued from the vice.

Definition – Section 2 of the act defines both ‘brothel’ and ‘prostitution’.

Brothel – It includes any house, room, or place, or any portion of any house, room or place, which is used for purposes [of sexual exploitation or abuse] for the gain of another person or for the mutual gain of two or more prostitutes.

Prostitution – It is defined as the sexual exploitation, or abuse of persons, for commercial purposes.

Special police officer – There shall be for each area to be specified appointed by or on behalf of state government who shall not be below the rank of an Inspector of Police.

Protective home – An institution where people in need of care and protection are kept.

Corrective institution – An institution where a person in need of correction or reformation may be detained but no victim can be sent to a corrective institution against her wishes if she is an adult.

Punishment – It penalises acts such as

    • Keeping a brothel
    • Soliciting in a public place
    • Living off the earnings of sex work
    • Living with or habitually being in the company of a sex worker

Section 5 of the act deals with punishments.

    • For procuring or attempting to procure a person, with or without their consent, for prostitution purposes.
    • For inducing persons to go from any place, for prostitution purposes, to become inmates of, or frequent, a brothel.

Imprisonment – Inducing persons to engage in prostitution is punishable with rigorous imprisonment for 3–7 years, along with Rs 2,000 fine and if it is committed against their will, the maximum sentence can be extended to 14 years or life.

What is the current case?

  • Petitioner – A customer in a brothel, was arrested and accused of offences under the ITP Act’s different sections like
    • 3 – Keeping a brothel or allowing premises to be used as one.
    • 4 – Living on prostitution earnings
    • 5 – Procuring, inducing, or taking persons for prostitution
    • 7 – Punishing prostitution in or around public places

Petitioner’s plea – He shall not be implicated for any offence under the ITP Act.

    • Section 15(5) and 15(5A) mandate producing the offender before the magistrate, and their medical examination to determine age, sexually transmitted diseases (if any), and injuries caused due to sexual abuse.

District court ruling – It rejected the plea of petitioner and directed that charges be framed against him.

Kerala HC ruling – While the term “procure” isn’t defined in the 1956 Act, the court construed the word to mean those getting or obtaining “domain over a person” for prostitution.

  • It concluded that a consumer also comes within the purview of Section 5 and held that a customer can be charged under it.
  • However, the petitioner was discharged of offences under Sections 3, 4, and 7 by the High Court.

Significance of the ruling – By adding that a customer will be held liable in addition to pimps/brothel-keepers who hire persons for prostitution.

Prosecution of customers

  • Mathew vs the State of Kerala, 2022– A customer caught in a brothel can be prosecuted under the ITP Act.
  • Section 7(1) of the Act – It penalises
    • The person who carries on prostitution
    • The person with whom such prostitution is carried on
  • The HC also said that the act of immoral traffic cannot be perpetrated or carried on without a customer.

Against the prosecution of customers

  • The Andhra Pradesh and Karnataka HCs in Goenka Sajan Kumar vs The State of AP (2014) and Sri Sanaulla vs State Of Karnataka (2017) ruled against prosecuting brothel customers under sections 3-7 of the ITP Act.

Pong dam

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Recently the draft policy was prepared to declare Pong Dam Wildlife Sanctuary and the surrounding area an eco-sensitive zone.

  • It is the highest earth-fill dam in India and is one of India’s largest man-made reservoir.
  • Built in – 1975, named after Maharana Pratap and so called as Maharana Pratap Sagar.
  • Location – Over Beas River in Himachal Pradesh.

Pong Dam Wildlife Sanctuary – In 1983, the entire reservoir was declared a Wildlife Sanctuary by the state government.

  • It is covered with tropical and subtropical forests.
  • It is the most important fish reservoir in the foothills of the Himalayas.
  • Pong Dam Lake Bird Sanctuary – In 1994, the Government of India declared it a ‘wetland of national importance’ and in 2002, it was declared as a Ramsar Site.
  • Every year more than 100,000 birds migrate here from Central Asia, Mongolia, Siberia and China and it is the largest congregation of the ‘Bar headed geese’.
  • Vulture Cafe – A place where cattle carcasses are made available at one spot, for vultures to ‘feast’ (scavenge) upon them.

Impact of Declaring Pond Dam an ESZ

The National Environment Policy (2006) defined the Eco-Sensitive Zones “as areas/zones with identified environmental resources having incomparable values which require special attention for their conservation” because of its landscape, wildlife, biodiversity, historical and natural values.

Impact – It will impose more restrictions on human activities within a radius of 1-1.5 kilometres of the dam area.

  • It will affect people living within a radius of 116 kilometres in the dam area who does farming around the dam when the water level goes down.
  • Over 25,000 families were displaced by the dam and over 7,000 rehabilitation cases are pending.

Critically Important Antimicrobials (CIA)

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The findings of a new survey by the National Centre for Disease Control (NCDC) underscored the need for properly monitoring critically important antimicrobials to mitigate AMR.

CIAs – They represent a class of antimicrobials.

Categorised by – World Health Organisation (WHO).

  • 3 groups – Based on their importance to human medicine and the urgency to preserve their effectiveness in treating infectious diseases.
  • HPCIAs – Highest priority critically important antimicrobials constitute a subcategory within CIAs, signifying antimicrobials of the highest priority in preserving their effectiveness.
  • Limitation – It is limited to antibacterial drugs of which most are also used in veterinary medicine and  on how much and what kind of antibiotics are used in food animals and crops.

Key findings – 3rd generation cephalosporins tops in overall antibiotic prescriptions with Ceftriaxone as top in this class.

  • Aminoglycosides is 2nd highest in overall antibiotic prescription where amikacin is the most commonly prescribed antibiotic.

3rd generation cephalosporins are categorised as the highest priority critically important antimicrobials (HPCIA) by WHO.

  • Other CIAs were belonging to the classes of carbapenems, penicillins, fluoroquinolones, glycopeptides and macrolides.

Recommendations – Antimicrobial consumption tracking efforts, like seen for human consumption, should be considered for use of antibiotics in India’s food animal production sector.

Significance of listing – It assists in managing antimicrobial resistance, ensuring that all, especially CIA are used prudently both in human and veterinary medicine.

 Report by Centre for Science and Environment in 2021

  • It highlighted the use of CIAs in food-producing animals in India.
  • Findings – The 3rd generation cephalosporins, were found in the Indian dairy sector and aminoglycosides were reported in the Indian poultry sector.
  • Use of antibiotics – To prevent, control or treat diseases.
  • Recommendations – Hospitals should adopt standard treatment guidelines and to have well-defined antibiotic policies in place.
  • It further highlights the need for conducting point prevalence surveys periodically in hospitals to monitor changes in antibiotic usage with time.

Recent data from the Antimicrobial Resistance Research and Surveillance Network of the ICMR as well as National Antimicrobial Surveillance Network (NARS-Net) of NCDC also showed a trend of increasing resistance towards CIAs, including 3rd generation cephalosporins and aminoglycosides.

Free Legal AID and Access to Justice

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"Who are entitled to receive free legal aid? Assess the role of the National Legal Services Authority (NALSA) in rendering free legal aid in India" important for PAPER-2 UPSC examination Mains.

 

 Article 39-A of the Constitution in Directive Principle of State Policy mandates universal access to free legal aid, aiming to establish a legal framework that upholds justice without regard to social or economic distinctions. This constitutional provision led to the enactment of the Legal Services Authorities Act, 1987, giving rise to the formation of the National Legal Services Authority (NALSA). Apart from this Article 14 and Article 22(1) are also associated with FREE LEGAL AID.

 

Eligibility for Free Legal Services

  • Scheduled Castes and Scheduled Tribes
  • Victims of Trafficking or Begar
  • Women and Children.
  • Mentally Ill or Disabled Persons
  • A person who is going through tough times, like being a affected by a big disaster, violence based on ethnicity or caste, a flood, drought, earthquake, or a big industrial accident.
  • Industrial Workmen
  • Individuals in custody, including those in protective homes as defined in the Immoral Traffic (Prevention) Act, 1956, juvenile homes as defined in the Juvenile Justice Act, 1986, or psychiatric hospitals or nursing homes as defined in the Mental Health Act, 1987, can avail free legal services.
  • Income-Based Eligibility: Individuals with an annual income less than the specified amount (as mentioned in the schedule or higher amount prescribed by the State Government) are eligible for free legal services if the case is before any court other than the Supreme Court. For cases before the Supreme Court, the income threshold is less than Rs 5 Lakh.

Recently, Department of Justice has announced the nomination of Supreme Court judge Justice BR Gavai as the Chairman of the Supreme Court Legal Services Committee (SCLSC).

What is the need for legal services?

Indian Constitution has provisions that specifies the need for providing legal services.

Article 39A – The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity and shall provide free legal aid by suitable legislation or schemes, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

  • Article 14 – It entails right to equality and make it obligatory for the state to ensure equality before law.
  • Article 22(1) – It entails the rights to be informed of grounds for arrest which make it obligatory for the State to ensure a legal system that promotes justice based on equal opportunity.

Committee for implementing legal aid schemes – It was constituted in 1980, at the national level under the chairmanship of then SC judge PN Bhagwati to monitor legal aid activities throughout India.

What is Legal Services Authorities Act?

Constituted in – 1987

Objectives – To give a statutory base to legal aid programmes and to provide free and competent legal services to eligible groups.

  • It envisages a nationwide network for providing legal aid and assistance
    • At National level – NALSA
    • At State level – SLSA
    • At District level – DLSA
    • At Taluk level – TLSA
    • At Supreme Court level – SCLSC
    • At High Court level – HCLSC
  • NALSA – National Legal Services Authority was constituted in 1995 to monitor and evaluate the implementation of legal aid programmes and to lay down policies for making them available.
  • It also disburses funds and grants to SLSA and NGOs for implementing legal aid schemes and programmes.
  • SLSA – State Legal Services Authorities were established to implement NALSA’s policies and directions, give free legal services to people and conduct Lok Adalats.
  • It is headed by the Chief Justice of the respective High Court and includes the senior HC judge as its Executive Chairman.

While the HC Chief Justice is the patron-in-chief of the SLSA, the CJI is the patron-in-chief of NALSA.

  • DLSA – District Legal Services Authorities are chaired by the district judge of the respective district.
  • Taluk (Sub-Divisional) Legal Services Committees – They were established in most taluks and are headed by a senior civil judge.
  • Collective function – To provide free and competent legal services to the eligible persons
  • To organize Lok Adalats for amicable settlement of disputes
  • To organize legal awareness camps in the rural areas
  • To supply and obtain certified order copies and other legal documents, among other functions

Free Legal Aid in India

  • Free Legal Services
    • Payment of court fee, process fees and other charges incurred in connection with any legal proceedings.
    • Providing service of lawyers in legal proceedings.
    • Obtaining and supply of certified copies of orders and other documents in legal proceedings.
    • Preparation of appeal, paper book including printing and translation of documents in legal proceedings.

 

Role Of The National Legal Services Authority (NALSA) In Rendering Free Legal Aid In India

  • Expanding Reach and Accessibility
    • NALSA has been instrumental in establishing legal aid clinics, Lok Adalats (People's Courts), and legal awareness camps to bring legal assistance closer to the grassroots level..
  • Targeting Vulnerable Groups
    • Assistance to women in cases of domestic violence during lockdown (National Legal Aid Helpline-15100), legal services for transgender rights (NALSA Judgement).
    • For legal awareness among prisoners, Haq Hamara bhi to hai campaign was recently launched by NALSA.
  • Alternative Dispute Resolution Mechanism
    • NALSA's efforts in organizing Mega Lok Adalats have resulted in the amicable settlement of a significant number of cases, reducing the burden on regular courts.
  • Awareness Campaigns and Education
    • For example: The "Legal Literacy Clubs" in schools and colleges is to instill legal awareness among students. The "Women Empowerment through Legal Literacy" program aims to educate women about their legal rights. Nyayadeep (the official newsletter of NALSA )for sharting views and ideas).

Despite its commendable efforts, the National Legal Services Authority (NALSA) faces a range of formidable challenges in its mission to provide free legal aid to all segments of society.

What is the Supreme Court Legal Services Committee (SCSLC)?

  • Constitution – Under section 3A of the 1987 Act which states that the Central Authority (NALSA) shall constitute the committee.
  • Objective – To provide free and competent legal services to the weaker sections of society, in cases falling under the top court’s jurisdiction.
  • Composition – It consists of a sitting SC judge, who is the chairman, along with other members possessing the experience and qualifications prescribed by the Centre.
  • As of date, it consists of chairperson and 9 members.
  • Selection criteria – Under 1987 Act, the Centre is empowered to make rules in consultation with the CJI, by notification.
  • Rule 10 of the NALSA Rules, 1995, entails the numbers, experience, and qualifications of the SCLSC members.
  • Appointment – CJI nominates both the chairman and other members of SCLSC and appoints the Secretary to the Committee.
  • The Committee can appoint officers and other employees as prescribed by the Centre, in consultation with the CJI.

Other Initiatives for Free Legal Aid in India

  • Nyaya Bandhu (Pro Bono Legal Service) – An initiative of the Department of Justice, launched in 2017 to enhance access to justice for marginalised sections of the society.
  • Tele-Law Services – It is to facilitate delivery of legal advice through a panel of lawyers stationed at the front office of Legal Services Authorities and CSC.
  • Tele-Law 2.0 – It entails the fusion of Tele-Law Services with Nyaya Bandhu pro bono legal services, a merger to further enhance citizen accessibility to legal aid.

Challenges Faced by Nalsa in Ensuring Free Legal Aid for All

  • Resource Constraints and Budgetary Limitations: Budget constraints hinder NALSA's efforts in underserved areas.
    • For instance, as per India Justice Report 2019, expenditure on legal aid has been only Rs 0.75 per capita spent in 2018 and Rs 1.05 in 2019-20 – the lowest figures globally
  • Inaccessibility Of Legal Aid: According to India Justice Report 2019, more than 80% of India’s 1.3 billion people are eligible for legal aid. But only 15 million have benefitted from it since NALSA was established in 1995.
  • Shortage of Qualified Legal Professionals: According to India Justice Report 2019, out of 629 posts for full-time secretaries approved for India’s 669 District Legal Services Authorities (DLSA), only 573 are currently occupied. This poses a significant challenge in meeting the diverse legal needs of the populace.
  • Complexity of Legal Procedures and Lack of Legal Awareness: This keep rural and marginalized communities uninformed about their rights of free legal aid services.
    • In the case of Hossainara Khatun, Justice P.N. Bhagwati emphasized that a majority of rural residents lack awareness of their legal rights, leading to their exploitation and deprivation of entitled benefits.
  • Social Stigma and Discrimination: Victims of domestic violence or LGBTQ+ individuals may face social ostracization, creating reluctance in approaching legal authorities for assistance.
  • Underutilization of Alternate Dispute Resolution (ADR) Mechanisms: It hinders NALSA's efforts to resolve cases swiftly and cost-effectively. “Legal services cover only 1% of all pending court cases." - Justice U.U. Lalit, NALSA Chairperson

To address the challenges faced by NALSA, promoting Alternative Dispute Resolution methods like mediation and conciliation can expedite the resolution process while reducing costs. Additionally, establishing, strengthening and digitising State and District Legal Services Authorities at various levels can enhance accessibility to justice. However, to optimise NALSA's efforts, a collaborative effort between government institutions and civil society is crucial, ensuring a more inclusive and effective delivery of legal aid services to those in need.

National Lok Adalat will be held on 12 November across the country to dispose off pending cases through settlement.

What is it? Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably.

  • Who conducts? National Legal Services Authority of India (NALSA) along with other Legal Services Institutions conducts Lok Adalats.
  • Status: Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987.
  • Appeal:
    • The award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law.
    • If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal against such an award, but they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate.
  • Fees: There is no court fee payable when a matter is filed in a Lok Adalat.
  • Nature of Cases to be Referred to Lok Adalat
    1. Any case pending before any court.
    2. Any dispute which has not been brought before any court and is likely to be filed before the court.

Provided that any matter relating to an offence not compoundable under the law shall not be settled in Lok Adalat.

Up skilling Rural Youth of India

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In a recent group discussion held by Life Skills Collaborative, most of the rural youth preferred to stay in their village which necessitates the importance of upskilling them.

Why is upskilling necessary for the rural youth?

UN projects that almost 50% of the Indian population will be living in urban areas by 2047.

  • To overcome agrarian crisis ­– Farming is the main source of rural livelihoods including children who work on family-owned farms.
  • But the rural economy is experiencing a major occupational shift with more farmers quitting agriculture to join non-farming jobs, hinting at an agrarian crisis.

The National Sample Survey Office (NSSO) data recorded 34 million farmers leaving their farms and transitioning to other sectors such as construction during 2004-05 and 2011-12.

  • To reduce unemployment rate – According to NSSO, the unemployment rate among rural male and female youth stood at 17.4% and 13.6% respectively in 2020.
  • To control migration – Many rural youth migrate to urban areas in search of meaningful employment which impacts livelihood of urban dwellers.

How can youth in rural India be made employment-ready?

  • Rural education – Technical as well as life skills are needed to empower youth in these areas through formal education.
  • The success stories of Mexico’s tele-schools and Bhutan’s well-being-infused curriculum can be introduced.

According to ‘LSC Voices 2023 survey’, of 15,856 young people across 11 districts, 66% of youth aged between 19 and 22 had never taken any kind of vocational training with only 5% of them enrolled in these courses.

  • Vocational training – It will imbibe relevant rural skills in them to ensure a secure living where they currently live.
  • Placement opportunities – Industrial Training Institutes need to provide avenues for placements to vocational skill aspirants.
  • Alternate employment opportunities – Rural India can boost employability in both traditional and non-traditional trades, leading to a vibrant economy by offering skills in fields like agricultural mechanisation, pollution monitoring, nursing and digital technologies via e-learning,
  • Upskilling opportunities – Indian government have launched ‘Skills on Wheels’ initiative with NSDC and IndusInd Bank to promote skilling to students’ doorsteps.
  • Promoting life skills – If learning is infused with rural life skills in schools, rural education will have the potential to nurture a generation capable of thriving.
    • Example, courses in both industry-specific skills (such as in healthcare, electrical, construction) and life skills by Pratham.
  • NGO’s participation – Bharat Cares, a non-profit organisation in India is working towards empowering the underprivileged through skilling.

 Skills on Wheels

  • A customized bus will promote 'Skill India Mission’.
  • Initiative by – NSDC and IndusInd Bank in 2023
  • Objectives – To equip rural youth, particularly women with key Digital Skills and make them job and future-ready and to improve their livelihood.
  • To bridge the gap between the skilled people required in the industry and the unemployed youth.
  • Target –60,000 youth will be empowered over a period of 5 years.
  • Activities – It will travel across the length and breadth of aspirational and backward districts and spreads awareness at grass root level about free skill training programs. 

Project ‘Veer Gatha’

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  • The 3rd edition of Project ‘Veer Gatha’, a joint initiative of Ministry of Defence and Ministry of Education will take part in Republic Day celebrations.
  • Project Veer Gatha is a project that was established in 2021 under the Gallantry Awards Portal (GAP).

Aim – To disseminate the details of the bravery and sacrifice of the Gallantry Awardees (Soldiers of Armed Forces) among the students so as to raise the spirit of patriotism.

Pariksha Pe Charcha 2024

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  • Pariksha Pe Charcha (PPC) is an annual event where Prime Minister Narendra Modi interacts with students, teachers, and parents.
  • Students of Classes 6 to 12 are eligible to participate in this event.
  • The event is part of the larger movement, 'Exam Warriors', which aims to create a stress-free environment for young people.

PPC 2024 is the 7th edition of the event and will take place in Bharat Mandapam, New Delhi.

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