Context: The Appellate Tribunal on Disputes in Benami Matters has ruled that “Held” used in the Benami Act 2016 also covers the proceeds of crime committed before 2016, and is currently being held or possessed by the beneficiary. 

News:

Tribunal Decision Regarding Benami Property:

• The tribunal has decreed that the possession of a Benami property following the 2016 amendment to the Benami Act of 1988 would be considered a Benami transaction.
• If higher courts uphold this interpretation, it may carry substantial consequences, potentially subjecting previous transactions to legislation that was previously invalidated by the Supreme Court. The avenue for challenging this ruling lies with both the High Court and the Supreme Court.

Benami Definition (2016 Act):

A benami transaction refers to a situation or agreement in which a property or assets, such as stocks, is ostensibly "transferred" to or is officially "held" by one individual, while the actual consideration for such property has been furnished or paid by another individual. Consequently, the individual holding the asset is not the genuine beneficial owner of the property.

Benami Transactions (Prohibition) Amendment Act 2016 :

1. Expanded Definition:

• Introduced the concept of "held" in addition to "transferred" in defining benami transactions.

2. Increased Penalties:

• Elevated the imprisonment term from 3 to 7 years.
• Imposed fines up to 25% of the value of the benami property.

3. Confiscation of Property:

• Instituted the confiscation of properties acquired through benami transactions.

4. Strengthened Administrative and Legal Procedures:

•  Established designated officers for investigation and adjudication:
•  Initiating Officer
•  Approving Authority
•  Administrator
•  Adjudicating Authority
•  Streamlined procedures and established an Appellate Tribunal for appeals.

5. Impact of the Legislation:

• The income tax department issued numerous notices and initiated criminal prosecutions against companies and individuals.
•  Properties were confiscated using the retrospective clause of the new law.

6. Supreme Court Judgment (August 2022):

• Declared the retrospective application of the benami law as unconstitutional.

7. Present Tribunal Ruling:

• Asserts that the existence of a transaction, demonstrated by the holding of an asset post-November 2016, would be considered a continuation of the offense under the law.

Context: China showcased on Thursday fighter jets firing missiles in the South China Sea, as it held rival military exercises with the United States in the hotly contested waters.The drills follow tense standoffs between Beijing and Manila in disputed reefs that saw vessels from the two countries collide and Chinese ships blast water cannon at Philippine boats.

Significance of the South China Sea:

1. Strategic Location:
   • The South China Sea is strategically located, bordered by China and Taiwan to the north, the Indo-Chinese peninsula to the west, Indonesia and Brunei to the south, and the Philippines to the east (known as the West Philippine Sea).
   • It is connected to the East China Sea through the Taiwan Strait and to the Philippine Sea through the Luzon Strait, both marginal seas of the Pacific Ocean.
2. Trade Importance:
   • A vital global trade route, with approximately USD 3.37 trillion worth of trade passing through in 2016.
   • According to the Center for Strategic and International Studies (CSIS), 80% of global trade by volume and 70% by value occurs through sea routes, with 60% passing through Asia and one-third through the South China Sea.
   • China, as the world's second-largest economy, heavily depends on the South China Sea, with around 64% of its trade moving through this region. In contrast, only 14% of U.S. trade navigates these waters.
   • India relies on the South China Sea for about 55% of its trade.
3. Fishing Ground:
   • The South China Sea serves as a significant fishing ground, offering a crucial SOURCE of livelihood and food security for millions of people in the region.

Major Disputes in the South China Sea:

Dispute Nature: The central issue in the South China Sea dispute revolves around competing territorial claims concerning land features, including islands and reefs, along with their associated territorial waters.

Key Features in Dispute:The primary contested island and reef formations include the Spratly Islands, Paracel Islands, Pratas, the Natuna Islands, and Scarborough Shoal.

• Extent of Disputed Areas: There are approximately 70 disputed reefs and islets, with China, Vietnam, the Philippines, Malaysia, and Taiwan all involved in constructing over 90 outposts on these contested features.
• China's Claims: China asserts dominance over up to 90% of the sea, as depicted by its "nine-dash line" map.The country has undertaken physical expansions of islands and erected military installations to strengthen its control.
• Chinese Activities: China has been notably active in the Paracel and Spratly Islands, engaging in extensive dredging and artificial island-building, resulting in the creation of 3,200 acres of new land since 2013.Control over the Scarborough Shoal is maintained by China through a consistent Coast Guard presence.

Context: Ministry of Tourism conducted training in Bhitarkanika National Park, Odisha under Amrit Dharohar Capacity Building Scheme

About the scheme:

• Under this initiative, IITTM, an autonomous body under MoT, in collaboration with MoEFCC will build the capacity of local community members around different Ramsar sites in order to strengthen nature tourism at these sites and provide alternative livelihood to the local community.
• With the help of State Forest Deptt., a total of 30 participants have been identified from the local communities located around Sultanpur Bird Sanctuary to impart this training and subsequently certify them as nature-guides.

Amrit Dharohar scheme

• The Amrit Dharohar Scheme is a collaborative initiative of the Ministry of Tourism (MoT) in conjunction with the Ministry of Environment, Forest & Climate Change (MoEFCC).
• The primary goal of the Amrit Dharohar Scheme is to enhance the capabilities of local community members around various Ramsar sites. This effort is led by the Indian Institute of Tourism & Travel Management (IITTM), an autonomous body under MoT.
• The scheme holds significance as it aims to fortify nature tourism at these designated sites while concurrently offering alternative livelihood opportunities to the local community.
• The Indian Institute of Tourism & Travel Management (IITTM) is responsible for executing the Amrit Dharohar Scheme.
• The Ministry of Tourism and Ministry of Environment, Forest & Climate Change have identified five priority sites for the initial phase of the scheme. These sites include Sultanpur (in Haryana), Bhitarkanika and Chilika (in Odisha), and Yashwant Sagar and Sirpur (in Madhya Pradesh). Training programs for local communities, falling under the Alternative Livelihood Programme (ALP), will be initiated at these locations.

Bhitarkanika National Park:

• Bhitarkanika National Park is situated over an extensive area of 672 square kilometers in Orissa, India.
• It stands as the second largest mangrove ecosystem in India.
• The national park is essentially a network of creeks and canals, inundated by the waters from rivers Brahmani, Baitarani, Dhamra, and Patasala, creating a distinctive ecosystem.
• Due to its proximity to the Bay of Bengal, the soil in the region is enriched with salts. The vegetation and species in the sanctuary predominantly belong to the tropical and subtropical intertidal regions.
• Known as the breeding ground for Salt Water Crocodiles.
• Gahirmatha Beach, forming the eastern boundary, houses the largest colony of Olive Ridley Sea Turtles.
• Bagagahana, or the heronry near Surajpore creek, is a distinctive phenomenon where thousands of birds gather for nesting. Aerial acrobatics performed before mating create a remarkable spectacle.
• Home to eight varieties of Kingfisher birds, a rare occurrence in the region.

Context: In commemoration of International Braille Day, various National institutions and Comprehensive Regional Centers under the Department of Empowerment of Persons with Disabilities organized extensive awareness programms focused on Braille literacy.

About:

• International Braille Day is observed on 4th January annually to promote awareness regarding the significance of Braille as a communication medium for individuals who are visually impaired or partially sighted.
• This day commemorates the birth anniversary of Louis Braille, the French educator who invented the Braille script in 1809.

Braille Script Description:

Communication for the Blind:

• Braille serves as a tactile reading and writing system primarily used by individuals who are blind.
• Dot Arrangements: - It is composed of arrangements of dots forming letters of the alphabet, numbers, and punctuation marks.

Development History:

• The creation of Braille can be traced back to the late 1820s, credited to Louis Braille, a young Frenchman.

• Braille originated from the modification of a system called night writing, initially designed for military applications.

Disabled population in India:

Statistics:

According to the 2011 Census in India, out of a total population of 121 crore, around 2.68 crore individuals are classified as 'Disabled,' constituting 2.21% of the total population. Of the 2.68 crore, 1.5 crore are males, and 1.18 crore are females. A majority (69%) of the disabled population resides in rural areas.

Constitutional Frameworks for Disabled in India:

Article 41 of the Directive Principles of State Policy (DPSP) mandates the state to make effective provisions for securing the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement. The subject of 'relief of the disabled and unemployable' is specified in the state list of the Seventh Schedule of the constitution.

Right of Persons with Disabilities Act 2016:

• The Right of Persons with Disabilities Act 2016 is a replacement for the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
• The term "Person with disability" is described as an individual with long-term physical, mental, intellectual, or sensory impairments. These impairments, when interacting with barriers, impede their full and effective participation in society on an equal basis with others.
• The act introduces the term "Person with benchmark disability," representing an individual with not less than 40% of a specified disability. The specified disability may or may not be defined in measurable terms. Certification by the appropriate authority is required for this classification.
• - Disability is defined based on an evolving and dynamic concept, reflecting a recognition of the diverse nature of impairments and their impact on societal participation.

Odisha’s Bhitarkanika national park will soon be connected by rail as the proposed Jajpur Road-Dhamra railway line will pass through the park.

• Location: It is located in Kendrapara district in the state of Odisha.
• It is India’s second-largest mangrove ecosystem after the Sunderbans. 
• The national park that is sprawling across 672 km² of mangrove swamp is situated on a delta formed by rivers, namely Brahmani, Baitarani, and Dhamra.
• The national park was established in September 1998 and was built in the heart of the Bhitarkanika Wildlife Sanctuary, founded in 1975. 
• Proximity to the Bay of Bengal makes the soil of the area enriched with salts; the vegetation and species of the sanctuary are comprised of those that are mainly found in the tropical and subtropical intertidal regions.
• It is home to a multitude of mud huts, creeks, backwaters, and estuaries.
• The area was designated as the second Ramsar Site of the state in August 2002.
• Flora: 
  • It houses various species of mangrove spread across its forest region, marshy lands, creeks, etc. 
  • Thespia, casuarinas, sundari, and indigo bush grasses are some of the other varieties of flora that flourish in the area.
• Fauna:
  • Bhitarkanika has one of the largest populations of endangered saltwater crocodiles in India.
  • Gahirmatha Beach, which forms the boundary of the park in the east, is the largest colony of Olive Ridley Sea Turtles.
  • Other mammals include monkeys, jackals, common langurs, otter, sambar deer, jungle cats, fox, Mongoose, wolfs, fishing cats, hyenas, etc.

News?

Speaker of the Maharashtra Legislative Assembly has refused to disqualify 40 MLAs of the Eknath Shinde faction after recognising it as the real Shiv Sena.

He also did not disqualify 14 MLAs of the Uddhav Balasaheb Thackeray (UBT) group due to technical reasons under the Tenth Schedule.

Anti Defection Law?

• The anti-defection law punishes individual Members of Parliament(MPs)/MLAs for leaving one party for another.
• Parliament added it to the Constitution as the Tenth Schedule in 1985. Its purpose was to bring stability to governments by discouraging legislators from changing parties.
  • The Tenth Schedule - popularly known as the Anti-Defection Act - was included in the Constitution via the 52^nd Amendment Act, 1985.
  • It sets the provisions for disqualification of elected members on the grounds of defection to another political party.
  • It was a response to the toppling of multiple state governments by party-hopping MLAs after the general elections of 1967.
• However, it allows a group of MP/MLAs to join (i.e., merge with) another political party without inviting the penalty for defection. And it does not penalize political parties for encouraging or accepting defecting legislators.
  • As per the 1985 Act, a 'defection' by one-third of the elected members of a political party was considered a 'merger'.
  • But the 91^st Constitutional Amendment Act, 2003, changed this and now at least two-thirds of the members of a party must be in Favour of a "merger" for it to have validity in the eyes of the law.
• The members disqualified under the law can stand for elections from any political party for a seat in the same House.
• The decision on questions as to disqualification on ground of defection are referred to the Chairman or the Speaker of such House, which is subject to ‘Judicial review’.However, the law does not provide a timeframe within which the presiding officer has to decide a defection case.

What are the Grounds of Disqualification?

• If an elected member voluntarily gives up his membership of a political party.
• If he votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorized to do so, without obtaining prior permission.
  • As a pre-condition for his disqualification, his abstention from voting should not be condoned by his party or the authorized person within 15 days of such incident.
• If any independently elected member joins any political party.
• If any nominated member joins any political party after the expiry of six months.

Anti-defection law needed?

An anti-defection law is needed in India to prevent elected representatives from switching political parties or factions frequently, which can lead to instability and a lack of accountability in government.

• Prevention of ‘Aya Ram - Gya Ram’ Politics: The phrase ‘Aaya Ram - Gaya Ram’ implied frequent floor crossing by legislators in the party, which was developed by Haryana MLA Gaya Lal in 1967. He changed his party thrice in a fortnight from Congress to United Front back to Congress and then within nine hours to United Front again.
• Curbing money power: the perceived need to curb the corrupting influence of money and power on politicians and to ensure that politicians were accountable to the voters who elected them. 
• Ensuring cohesion: It was also seen as a way to promote stability and cohesion within political parties and to prevent the fragmentation of the party system.
• Political Stability: To strengthen democracy by bringing stability to administration and ensuring legislative programmes of the Government are not jeopardized by a defecting parliamentarian. 
• Responsibility and Loyalty: To make members of parliament more responsible and loyal to the political parties with whom they were aligned at the time of their election.

Anti-defection law under criticism?

The anti-defection law in India has been the subject of criticism from various quarters. Some of the main criticisms of the law are as follows:

1. Curbing dissent: The law infringes on the freedom of legislators to follow their conscience and stand up for their beliefs or represent the interests of their constituents.
2. Lack of Intra-Party Democracy: By punishing defectors, the law gives parties a strong incentive to exert control over their members and to discipline those who step out of line. This may discourage legislators from speaking out against party leaders or raising issues that may be unpopular within the party.
3. Fragmentation of Parties: To avoid being disqualified under the law, politicians may form their own parties or join existing small parties, leading to a fragmentation of the party system. This may make it harder for parties to form stable governments and to implement policies effectively.
4. Undermining representative democracy: The law has been abused for political gain. Political parties have been known to use the threat of defection to discipline their members or to coerce them into supporting certain policies or candidates. This may undermine the integrity of the political process and lead to the erosion of public trust in the political system.
5. Controversial role of the speaker: The law has been criticized for its ambiguity and lack of transparency. The provisions of the law are open to interpretation, and the decision of the Speaker or the Chairman on questions of defection is final and cannot be challenged in court. This lack of transparency and judicial oversight has led to concerns about the fairness and impartiality of the process.

How do other countries deal with the question of political defection?

Some countries have laws similar to the Indian anti-defection law, which penalizes politicians who switch parties or violate party discipline. Other countries have no such laws and allow politicians to switch parties or become independents freely.

Here are some examples of how different countries deal with political defections:

• United Kingdom: In the United Kingdom, there is no law prohibiting politicians from switching parties or becoming independents. However, political parties may expel members who defect, and defectors may face backlash from voters in future elections.
• USA: In the United States, there is no law prohibiting politicians from switching parties or becoming independents. However, politicians who switch parties may face backlash from voters in future elections and challenges from within their parties in primary elections.
• Also, countries like Canada, France, Australia, Germany, and Italy do not have any laws against political defection.

Judicial observations regarding defection in India?

Some of the important cases related to anti-defection in India include

1. Kihoto Hollohan vs. Zachillhu and Others (1992): In this case, the Supreme Court of India upheld the constitutionality of the law and ruled that the provisions were necessary to prevent the destabilization of governments and to ensure the integrity of the electoral process.
2. G. Viswanathan vs. Hon'ble Speaker, Tamil Nadu Legislative Assembly (1995): In this case, the Supreme Court ruled that the Speaker of a legislative assembly has the power to decide on cases of defection and that the decision of the Speaker is final and cannot be challenged in a court of law.
3. Ravi S. Naik vs. Union of India (1994): In this case, the Speaker or Chairman of the relevant legislative body can disqualify an elected representative for defection.

 Views of Various Committees on the Anti-Defection Law:

• Dinesh Goswami Committee on Electoral Reforms (1990):
  • Disqualification shall have limitation like:
    • For the members who voluntarily give up the membership.
    • For the members who acts/votes contrary to the confidence of his party.
  • The power of the decision of disqualification shall be to the President/Governor on the advice of the Election Commission.
• Law Commission (170th Report, 1999):
  • The provision of split and mergers shall be deleted as an exception from the provision of disqualification.
  • Pre-poll electoral fronts should be treated as political parties under the anti-defection law.
• Constitution Review Commission (2002):
  • The defaulters who are not loyal towards their party shall be barred from holding the public office and also they shall be eligible for getting any political post or any remuneration of the party.
  • The voting cast by the defaulters shall be treated as invalid.

What are the suggestions to reform the Anti-defection law in India?

There have been various suggestions for reform of the anti-defection law in India. Some of the reforms that have been proposed include:

1. 2nd ARC: The issue of disqualification of members on the grounds of defection should be decided by the President/Governor on the advice of the Election Commission.
2. Reducing the number of defections: The threshold for disqualification should be raised from one-third to two-thirds or three-fourths. This would reduce the number of defections and make it harder for political parties to split.
3. Allowing defections in certain circumstances: Some have suggested that defections should be allowed in certain circumstances, such as when a political party merges with another party or when a member is expelled from their party.
4. Removing the role of the Speaker: Some have suggested that the role of the Speaker in deciding on cases of disqualification should be removed and replaced with an independent authority, such as the Election Commission.
5. Allowing independents to join parties: Some have suggested that independent members should be allowed to join political parties without being disqualified.
6. Providing for a grace period: Some have suggested that a grace period should be provided for members who have defected to allow them to prove their loyalty to their new party.
7. Time frame: In one of the judgments, the Supreme Court has held that the Speaker of the Legislative Assembly should decide on a petition seeking disqualification of a member under the Tenth Schedule of the Constitution within a period of three months.

Way Forward

• The Election Commission has suggested it should be the deciding authority in defection cases.
• Others have argued that the President and Governors should hear defection petitions.
• The Supreme Court has suggested that Parliament should set up an independent tribunal headed by a retired judge of the higher judiciary to decide defection cases swiftly and impartially.
• Some commentators have said the law has failed and recommended its removal. Former Vice President Hamid Ansari has suggested that it applies only to save governments in no-confidence motions.

An international team of marine biologists recently discovered a unique isopod, a form of crustacean, that has been formally identified as a new species of the genus Booralana.

• Isopods are an order of invertebrates (animals without backbones) that belong to the greater crustacean group of animals, which includes crabs and shrimp.
• Scientists estimate that there are around 10,000 species of isopods (all belonging to the order “Isopoda”). 
• They also live in many different types of habitats, from mountains and deserts to the deep sea, and they are distributed worldwide.
• Features:
  • They are one of the most morphologically diverse of all the crustacean groups, coming in many different shapes and sizes and ranging from micrometers to a half-meter in length.
  • Isopods often do not look alike, but they do have common features. For example, all isopods have two pairs of antennae, compound eyes, and four sets of jaws.
  • The body of all isopods consists of seven segments, each with its own pair of walking legs.
  • Isopods have a short abdominal section composed of six segments, called “pleons,” and one or more of these segments is fused into a tail section.
  • Each pleon has a set of biramous (branching in two) limbs called “pleopods” that are used for swimming and respiration.
  • About half of the known species of isopods live in the ocean. Others live in coastal and shelf waters, moving around on the seafloor or living in plants.
  • Most are free-living, but a number of marine species are parasitic on other animals.

Crustaceans? 

Crustaceans (make up a very large group of the Arthropods which include the crabs, lobsters, crayfish, shrimp, krill, barnacles, brine shrimp, copepods, ostracods and mantis shrimp. They are invertebrates with a hard exoskeleton (carapace), a segmented body that is bilaterally symmetrical, more than four pairs of jointed appendages. Crustaceans are found in a wide range of habitats - most are free-living freshwater or marine animals, but some are terrestrial (e.g. woodlice), some are parasitic (e.g. fish lice) and some do not move (e.g. barnacles)

After relocating deer from Cuttack, the Odisha state government is planning to introduce Sambar and Gaur (bison) in the Chandaka-Dampara wildlife sanctuary.

• It is located in Khurda district of Odisha represents the north-eastern limits of Eastern Ghats. 
• It is also a home to a number of threatened wild animals and birds.
• This landscape got sanctuary status in 1982.
• The climate of the area is tropical with three distinct and well marked seasons i.e. summer, Rainy season and winter.
• Vegetation: Flora is moderately diverse with intimate mixture of evergreen and deciduous elements. The area comes under semi-evergreen forest zone but the interplay of biotic factors has changed the original character of the vegetation.
• Flora: Dhaman (Grewia Tiliaefolia), Bankapasia (Kydia calycina), Jamu (Syzyggium Cuminii), Gandhana (Premna mucronata), Kansa (Hymenodictyon excelsum), Kusum (Schleichera oleosa), Marua (Vitex pinnata), Sidha (Lagerstroemia parviflora), Karanja, Thorny bamboo etc.
• Fauna: Elephants, Chital, Barking Deer, Wild Boar, Rhesus Monkey, Pangolin, Sloth Bear, Indian Wolf, Hyena and other mammals.

Interest in indigenous cattle breeds like the Pulikulam is reviving which is famous for a local game called Jalikattu in TamilNadu.

• It is a popular draught and game breed of Tamil Nadu.
• The cattle originated from Pulikulam, a village located in Sivaganga district of Tamil Nadu.
• It is also known as Palingu maadu, Mani maadu, Jallikattu maadu, Mattu maadu and Kilakattu maadu.
• These are maintained as migratory herds, and its draught and manure capabilities play a significant role in the rural livelihood of the communities rearing them for draught and organic agricultural production.
• This breed of cattle is famous for a local game called Jalikattu where bulls are used as a bull-taming sport.
• It is commonly seen in Salem and Coimbatore district of Tamil Nadu and part of Bangalore district of Karnataka.
• Pulikulam / Alambadi bulls are dark grey, almost black and cows grey or white.

Other cattle breeds of India

• India has three kinds of cattle.
• There are milch animals in northern India. Middle India has dual purpose animals while southern India has the Mysuru-type animal, mostly used for draught purposes.
• Maharashtra has the Killari, Karnataka has the Amrit Mahal and the Hallikar. 
• Tamil Nadu: Pulikulam, Umbalachery, Kangayam Bargur and Alambadi.

• Pravasi Bharatiya Divas, also known as Non-Resident Indian (NRI) Day, flagship event of the Ministry of External Affairs is celebrated on January 9 every year.
• Aim - To mark the contribution and achievements of the overseas Indian community to the development of India.

It’s a day to acknowledge the achievements of Non-Resident Indians (NRIs) and Persons of Indian Origin (PIOs) who have made significant contributions to their adopted countries.

• Defence Research and Development Organisation (DRDO) lab and a Hyderabd based private firm launched an indigenous assault rifle named Ugram recently.
• The rifle is weighing less than 4 kg with a 500-meter firing range.

It is designed and developed to meet the operational requirements of the Indian armed forces, Para military forces, and state police forces.

• The National Sports and Adventure Awards were established in 2002 to honor athletes who contribute to sports and continue to promote sports events after retirement.
• The 2023 awards included
  • Major Dhyan Chand Khel Ratna Awards-2023;
  • Dronacharya Awards-2023;
  • Arjuna Awards-2023;
  • Dhyan Chand Awards-2023;
  • Tenzing Norgay National Adventure Awards-2022;
  • Rashtriya Khel Protsahan Puruskar-2023; and

Maulana Abul Kalam Azad Trophy-2023.