Context: 

An IBBI-appointed expert committee recommends a voluntary mediation framework under the Insolvency and Bankruptcy Code (IBC). 

IBBI Expert Committee

• Composition of Committee: It was headed by the former Law Secretary and was constituted to look into mediation under the Code and suggest a framework for effective implementation.
• The insolvency and Bankruptcy disputes are resolved under the Insolvency and Bankruptcy Code, 2016 (IBC), and Mediation does not exist as a legislative mandate under IBC.

Key Recommendations of the IBBI Expert Committee

• Balancing Approach: The committee seeks to balance the fundamental objectives of the Code i.e. time-bound reorganization and maximization of value with autonomy to seek  out-of-court resolution of a dispute through the mediation process.
• Mediation  Framework: The Committee has recommended a “voluntary” mediation framework under the Code as per the Mediation Act 2023.
  • Phased Implementation: The introduction should be phased at various stages as an effective supplement to address existing  bottlenecks while maintaining the sanctity of the timelines for various existing insolvency resolution processes.
  • Operation: It would work  as a self-contained blueprint within the Code, with independent infrastructure.
  • The mediator’s mandate is envisioned to be limited to 30-60 days.
  • Redressal Mechanism: Appropriate mechanisms have been provided for the redressal of any issues arising out of the mediation process for the third party’s rights.
    • For Example: The exclusion of financial creditors from the initial scope of voluntary mediation provisions.

What is Mediation? 

• It  is a type of alternative dispute resolution method (ADR) that involves an alternate method to resolve a legal dispute out of court.
• Mediator: He is a  neutral third party with no conflict of Interest in the matter, who will assist the parties in negotiating jointly acceptable resolution of issues in conflict. 
• Mediation doesn’t involve decision-making by a neutral third party unlike in the case of Arbitration

About the Mediation Act 2023

• Types of mediation: 
  • Voluntary: The parties under a written mediation agreement seeks mediation. Such an agreement may either be as part of a contract or exist independently. 
  • Mandatory: It is where barring certain areas of disputes, there is a legal obligation on parties to mediate before approaching a court/tribunal.
• Timeline: A deadline of  180 days which can be further extended by another 180 days by the parties is prescribed with a withdrawal provision after two mediation sessions.
• Mediation Council of India: The Mediation Act 2023 provides for the setting up of The Mediation Council of India. 
  • Functions: To register mediators, and provide recognition to  mediation service providers and mediation institutes.
• No Mediation: The areas excluded from mediation include serious allegations of fraud, criminal offenses, environmental matters reserved for the National Green Tribunal, and matters relating to competition, telecom, securities and electricity law and land acquisition. 
• Role of judiciary:  The Courts can refer any dispute for mediation relating to compoundable or matrimonial offenses connected with or arising out of civil proceedings between the parties. 
  • Compoundable offenses:  are those that can be compromised, i.e. the complainant can agree to take back the charges levied against the accused. For Example: Hurt, wrongful restraint, assault, molestation, fraud, adultery.

News Source: The Hindu

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Recently, the Department of Telecommunications (DoT) has unveiled the ‘Sangam: Digital Twin’ initiative for Infrastructure Planning and future Design.

About Sangam: Digital Twin initiative

• It is a Proof of Concept [Demonstration of a Product] distributed in two stages to be conducted in one of the major cities of India. 
  • Proof of Concept (PoC) Stages: 
    • Exploratory Stage: It focuses on clarifying goals and exploring creative ideas to unlock potential. 

• • • Demonstrative Stage: Here, specific use cases are demonstrated to create a blueprint for future collaboration and scaling successful strategies. 
• Aim: To implement practical infrastructure planning solutions, develop a collaborative framework, and provide a roadmap for future projects. 

Significance of Sangam: Digital Twin initiative 

• Unifying Stakeholders for Innovative Solutions for advancements in infrastructure. 
• Incorporating a comprehensive approach to move beyond conventional boundaries. 
• Showcasing Practical Implementation & Providing a Blueprint for Future Development
• It establishes the nation as a pioneer in digital infrastructure and innovation.
• For establishing an efficient, effective, and sustainable ecosystem by technological advancements for Societal Needs : 
• It emerges in the context of advancements in communication, computation, and sensing, aiming to achieve the vision of 2047. 

Advantages Of Sangam: Digital Twin initiative 

• Better R&D: It  facilitates more efficient research and product design by generating extensive data on performance possibilities, enabling companies to refine products before production. 
• Improved Efficiency: It  benefits production by monitoring systems and striving for optimal efficiency throughout manufacturing.
• Product Lifecycle Management: It  aids in decision-making for end-of-life products, assisting in determining suitable processing methods such as recycling, by analyzing product materials.

Applications of Digital Twins Technology

• Power-generation Equipment: Large engines like jet engines, locomotive engines and power-generation turbines etc benefit tremendously for helping to establish timeframes for regularly needed maintenance.
• Structures and their Systems : Big physical structures, such as large buildings or offshore drilling platforms, can be improved &  useful in designing the systems operating within those structures, such as HVAC systems. 
• Healthcare Services : Sensor-generated data can be used to track a variety of health indicators and generate key insights. 
• Automotive industry Cars represent many types of complex, co-functioning systems, and digital twins are used extensively in auto design, both to improve vehicle performance and increase the efficiency surrounding their production. 
• Urban Planning: Civil engineers and others involved in urban planning activities are aided significantly by the use of digital twins, which can show 3D and 4D spatial data in real-time and also incorporate augmented reality systems into built environments.

Challenges In Digital Twins Technology

• Data Management and Security: Data standardization, management, and security.Concerns arise regarding the privacy and security of sensitive data.
• Implementation and Legacy Systems Transformation: Obstacles exist in implementing Digital Twins Updating outdated IT infrastructure and addressing connectivity issues are necessary. 
• Integration Impediments: Integration challenges with existing systems and proprietary software contribute to impediments.
• Costs and Investment: It  requires substantial investment in technology platforms, infrastructure, maintenance, security, operational costs and upkeep expenses.

News Source: PIB

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The Global Pulses Conference 2024, (an annual event) is being held in New Delhi.

About Global Pulses Conference 2024

• Organized by: National Agricultural Cooperative Marketing Federation of India Ltd. (NAFED) and the Global Pulse Confederation (GPC). 

Observations of the Global Pulses Conference 2024

• Self-sufficiency by 2027: India had become self-reliant in chickpeas (chana) and many other pulses crops, with only a slight deficiency remaining in pigeon peas (tur) and black gram. 
• Decadal Growth: Pulses production had grown by 60% from 171 lakh tonnes in 2014 to 270 lakh tonnes in 2024.
• Minimum Support Price: The Centre had assured a price of 50% over the actual cost of production to farmers, thereby providing an attractive return on investment.
  • The MSP is the highest today with increases as high as 117% in masoor, 90% in moong, 75% more in chana dal, 60% more in toor and urad over the MSP provided a decade ago. 
• Efforts: The government has increased the supply of new varieties of seeds, while also focusing on expanding cultivation of tur and black gram. 
• Significance of Pulse Crops: It benefits the soil, and is nutritious and benefits the smallholding farmers.  If India takes efforts to improve cultivation, all the stakeholders will get the benefits. 

Pulses Production In India: Current Status

• Pulses are annual leguminous crops or seeds of variable size, shape and color used for both food and feed. 
• India’s Ranking: India is the largest producer (25% of global production), consumer (27% of world consumption) and importer (14%) of pulses in the world.
• As per the Department of Agriculture and Farmers Welfare, total Pulses production during 2022-23 is estimated at 260.58 Lakh tonnes which is higher by 14.02 Lakh tonnes than the last five years’ average pulses production of 246.56 Lakh tonnes. 

News Source: The Hindu

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The sixth session of discussions between India and Peru for a free Trade Agreement took place in Lima, Peru.

About India-Peru Trade Agreement Negotiations

• The first Negotiations for a trade agreement between India and Peru commenced in 2017. Five rounds of discussions were conducted until August 2019.
• The negotiation process was disrupted due to the global COVID-19 pandemic. 

Objectives Of India-Peru Trade Agreement

• To boost bilateral trade and investment.
• To promote trade in services
• To enhance the economic and commercial ties between India and Peru by reducing trade barriers and promoting cooperation.

Impact of India-Peru Trade Agreement 

India-Peru Relations

• India and Peru initiated diplomatic relations in March 1963.
• India and Peru have historically maintained warm and amicable relations. 
• They both have signed Many bilateral agreements such as the Customs Cooperation Agreement, Cooperation in New and Renewable Energy, and Defence Cooperation Agreement. 

Commercial Relations Between India and Peru

• Trade between India and Peru is on the rise. 
• In the financial year 2022-23, the total trade between the two countries was valued at US$3291.64 million.
• The trade between India and Peru has gone up a lot, starting from US$ 66 million in 2003 to about US$ 3.68 billion in 2023.
• India’s main exports to Peru: Automobiles, polyester,  motorcycles and cotton yarns, pharmaceuticals, iron and plastic products,  steel products, rubber, pipes for the oil and gas industry, and tyres. 
• Imports from Peru to India: Gold, copper, synthetic filaments, calcium phosphates, fresh grapes, fish flour, and other items.

News Source: PIB+Livemint

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The Reserve Bank of India may relax the restriction imposed by the evergreening circular issued in December for some strategically important AIFs.

Strategic Important AIFs May Get Excluded From RBI’s Evergreening Rules

• The relaxations may come for: NIIF funds, SIDBI Fund of Funds, SBICap Venture’s Self Reliant India Fund (SRI) and SWAMIH Investment Fund (SIF) and any new funds that the government may launch in the future or considered as “strategically important”
• Equity funds are more likely to see the relaxation than the  debt funds.
• A cap on the exposure of an NBFC into an AIF may also be introduced: At present, there is No Cap to invest in AIF by an NBFCs and the RBI can mandate a cap of 10 per cent or higher 

Strategically Important AIFs

• These are the Alternate Investment Funds which are either instituted by the Government Of India for encouraging investments in specific sectors infrastructure requirements like National Investment and Infrastructure Fund or which are being subscribed and recognised by the government and its entities.

Evergreening of Loans

• It basically means issuing  new loans to help a stressed or delinquent borrower to  repay their old loans. 
  • The AIF route: The regulated lenders substituted their direct loan exposure to borrowers with indirect exposure through investments in AIFs with downstream investments in the same borrowers which led to,
    • Mounting Bad Debts: Artificial prolonging the life of such debts will pose a  significant threat to financial stability and transparency.
    • Wilful neglect:It will lead to delayed recognition of losses and will jeopardize the overall health of balance sheets.
    • Conflict of interest: Short-term benefits were prioritized over long-term financial stability.

News source: The HIndu  Business line

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Recently, CDSCO has approved Boehringer Ingelheim’s anti-diabetic drug for the treatment of Chronic kidney disease in India.

What Is Chronic Kidney Disease (CKD)?

• It means when kidneys are damaged and can’t filter blood the way they should. 
• Main Risk factors: Diabetes, High Blood Pressure, Heart disease, and a family history of kidney failure.
• CKD Burden in India: An estimated 33 million adults live with CKD in India.

About Jardiance Drug Efficacy

• Reduce the risk of sustained decline in estimated glomerular filtration rate (eGFR) which is done to check how well the kidneys are filtering, and end-stage kidney disease.
• Reduce Cardiovascular death (Earlier, it was approved only for the treatment of heart failure.)
• Reduce Hospitalization of Adults with CKD.

News Source: Live Mint

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Recently, the UN Environment Programme (UNEP) and the Food and Agriculture Organization of the UN (FAO) have named seven initiatives from Africa, Latin America, the Mediterranean, and Southeast Asia as UN World Restoration Flagships. 

• Restoration of Devastated Land: These initiatives include ecosystems at the tipping point of outright degradation resulting from wildfires, drought, deforestation, and pollution. 
• Technical and Financial Support: These initiatives are eligible for technical and financial UN support.

About Recently Recognized Seven World Restoration Flagships 

• From Fires to Forests – Resilience in the Mediterranean: This Initiative involves Lebanon, Morocco, Tunisia and Türkiye.
  • Consists: A novel approach to protect and restore these natural habitats and vulnerable ecosystems and has led to around two million hectares of forests being restored across the region since 2017, with over eight million hectares planned for restoration by 2030.
• Living Indus – Restoring a Cradle of Civilizations: This initiative was approved by Pakistan’s parliament in the wake of the devastating 2022 climate-change-induced floods and was officially launched at the UN Climate Change Conference in Sharm el-Sheikh (COP27). 
  • Aim: It aims to restore 25 million hectares of river basin by 2030. 
  • A Living Entity: It designates the Indus River as a living entity with rights, a measure taken to protect rivers elsewhere, including in Australia, Bangladesh, Bolivia, Brazil, Canada, Ecuador, India, New Zealand, Peru, and Sri Lanka.
• Acción Andina – Saving a Global Water and Climate Hotspot: This social movement is led by the Peruvian conservation non-profit organization, ECOAN (Association Ecosistemas Andinos). 
  • Aim: To protect and restore a one million hectares forest area.
  • Security: It also works to secure land titles for local communities, protecting the forest from future mining, timber exploitation and other drivers of degradation.
• The Sri-Lanka Mangrove Regeneration Initiative: It is science-driven, co-led by local communities, and focused on restoring the natural balance in the ecosystem. Since its launch in 2015, efforts have already resulted in 500 hectares of restored mangroves. 
  • Target: Some 10,000 hectares are slated for restoration by 2030.
  • Benefit: More than 4,000 new jobs to be created.
• Terai Arc Landscape: Reviving Asia’s Mega-Fauna: This initiative was launched in 2001 and has focused on restoring the forests of critical corridors of the Terai Arc Landscape and collaborates with local communities. 
  • Aim: To restore 350,000 hectares of forests by 2030.
  • Area Covered: It stretches between the Yamuna in the west and the Bhagmati in the east.
  • Deals: It aims to conserve and protect tigers, along with rhinos and elephants, due to poaching, habitat loss, degradation, and human-wildlife conflict.
• The Regreening Africa initiative: It was adapted to restore over 350,000 hectares in Ethiopia, Ghana, Kenya, Mali, Niger, Rwanda, Senegal, and Somalia. 
  • Aim: By 2030, a further five million hectares are planned to be restored.
• Growing Forests in Africa’s Drylands: Under this initiative, through researched agroforestry techniques, unsustainable farming practices are replaced and nature regenerates.
• • Aim: By planting tens of millions of trees every year, it aims at expanding from 41,000 restored hectares today to 229,000 hectares by 2030.
  • Benefit: Supporting many more through 230,000 jobs created.

News Source: FAO

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Dozens of northern pintail, a migratory duck, and plovers have been found dead in Pulicat lake over the last few days.

Mysterious Northern Pintail Birds Deaths in Pulicat Lake

Suspected Reason for Their Death

• Fertiliser and Pesticide: Forest department has suspected that fertiliser or pesticide ingestion may be the major cause behind pintail and plovers’ death. 
• Organized Poaching: There might be the possibility of poaching behind pintail and plover’s death as people do poaching for food, earning money, etc. 

About Northern Pintail

• It is named on the basis of its long central tail feathers ending. 
• Nickname: “The greyhound of the skies.”  
• Habitat:
  • Open wetlands: Northern pintails live in open wetlands.
  • Nest making on the ground: They make nests on the ground, away from water.
• Distinctive Features:
  • Black and white striped head:  They have a unique appearance with a black and white striped head. 
  • They have chestnut-colored breast.
• Diet and Foraging:                                    
  • Omnivores: Pintail ducks are omnivores, eating both plants and animals.

Pulicat Lake

• It is a brackish water lake.
• Location: It is located between Andhra Pradesh and Tamil Nadu.

• Rivers Feeding Lake: Arani river, Kalangi river, and Swarnamukhi river
• Sriharikota: It’s separated from the Bay of Bengal by a narrow area called Sriharikota.
• Significance: 
• • Part of Living Lakes: Pulicat Lake is part of a global network called Living Lakes and represented by CReNIEO.
  • Second biggest salty water area: It’s the second biggest salty water area in eastern India and home to a lot of different plants and animals.

News Source: The Hindu

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This article is based on the news “T.N. gets its 18th wildlife sanctuary in the reserve forests of Erode district” which was published in the Hindu. The Tamil Nadu government has declared 80,114.80 hectares of reserve forests in Bargur Hills in Erode district, as the Thanthai Periyar Wildlife Sanctuary.

Thanthai Periyar Wildlife Sanctuary: Tamil Nadu’s 18th Wildlife Sanctuary

Strategic Ecological Linkage: The sanctuary links the Nilgiris Biosphere Reserve with Cauvery South Wildlife Sanctuary, and has been notified as the 18th wildlife sanctuary in the State.

• • Declaring the reserve forests as wildlife sanctuary would create a contiguous network of protected areas, thereby providing protection to the landscape.
• Potential Rights Infringement: The move has raised concern among the local forest-dwelling communities regarding an infringement upon their rights as outlined under Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act 2006).
• Exclusion of Habitats: Six tribal habitations and roads connecting these habitations have been excluded from the habitat. 
  • However, tribal associations and residents of this region are opposing the move as their traditional rights will be curtailed once these forests become protected reserves.

About Forest Rights Act 2006

• Genesis: The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act 2006) was passed on December 18, 2006.  The act was notified into force on December 31, 2007.
• About: Forest Rights Act 2006 recognizes the rights of the forest dwelling Scheduled Tribes tribal (FDST) and other traditional forest dwellers (OTFD) to claim legal rights over the forest land they have occupied for generations.

Rights Provided Under Forest Rights Act 2006

• Title Rights: The Forest Rights Act 2006 gives FDST and OTFD the right to ownership of land that is actually being cultivated by the tribals or forest dwellers subject to a maximum of 4 hectares. 

• Use Rights: Forest Rights Act 2006  also grants use rights over minor forest produce, including the ownership, to grazing areas, to pastoralist routes, etc.  
• Individual Forest Rights (IFR): Forest Rights Act 2006 gives access to land for farming up to four hectares. The individual has the right to use the land for agriculture and other livelihood purposes, securing their food and livelihood.

• Community Forest Resource (CFR) Rights: Forest Rights Act 2006 provides for recognition of the right to “protect, regenerate or conserve or manage” the community forest resource.
• Relief and Development Rights: These include the right to rehabilitation in case of illegal eviction or forced displacement and to basic amenities, subject to restrictions for forest protection. 
• Forest Management Rights: These are granted in order to protect forests and wildlife.

Key Provisions Of Forest Rights Act 2006

• Empowering Gram Sabhas: It gives gram sabhas, or village councils, the right to decide on how best their forest land can be used. 
  • Grazing rights are community rights of the habitation-level villages and are to be regulated by their gram sabhas. Any transfer of forest land for non-forestry use requires their consent. 
• Claiming Title to Land: The Forest Rights Act 2006 lays down criteria under which tribal inhabitants can claim title to their land. 
  • The title given under the Forest Rights Act 2006 is a legal title and is a formal recognition of the forest right.

• Eligibility Criteria: 

• • To qualify as FDST, the following conditions must be satisfied:
    • Must be a Scheduled Tribe in the area where the right is claimed
    • Primarily resided in the forest or forest land prior to 13-12-2005; 
    • Depend on the forest or forests land for bonafide livelihood needs
  • To qualify as OTFD:
    • Primarily resided in forest or forests land for three generations (75 years) prior to 13-12-2005
    • Depend on the forest or forest land for bonafide livelihood needs

Concerns Associated With Forest Rights Act 2006

• Poor Recognition of CFR: There has been slow and incomplete recognition of CFR.
  • The forest bureaucracy, still structured along colonial lines, strongly opposes these rights, fearing a loss of its authority. 
  • Other government departments and political representatives view forest-dwellers merely as beneficiaries of state assistance, rather than as independent users and managers of their own forests.

• Uncertainty in CFRR Eligibility: There is a lack of clarity regarding the specific locations and extent of forest land that may qualify for Community Forest Resource Rights (CFRR) claims.
  • This results in the absence of defined targets set by state governments.
• Misuse of Forest Rights Act 2006: District-level committees disregard gram sabhas conducted for the purpose, often without adhering to the provision regarding extension of time limits for claim submission. 
• • Consequently, occupational or cultivation rights/titles (commonly referred to as patta) are being granted in favor of ineligible claimants who encroached upon forest land even after the cut-off date of 13.12.2005.
  • This is a violation of Forest Rights Act 2006, as well as Forest Conservation Act, 1980, and Indian Forest Act, 1927.
• Unsustainable use of Forest Resources: Ineligible communities have been granted rights without specifying “extent” along with “nature” of the community rights.
  • This has led to “uncontrolled extractions” posing a threat to the sustainability of forest resources, including minor forest produce. 
  • Ex- Forest Survey of India’s State of Forest Report 2021 indicates a loss of 10,594 sq. km of bamboo-bearing area compared to the area reported in 2019.
• Negligence by Government Authorities: The Collector is to inquire into the rights of all persons, their nature and extent, in the proposed Sanctuary or National Park. 

• • Moreover, the Collector’s office needs to decide whether to accept claims within Sanctuaries and acquire all rights within National Parks. 
  • However, governments have failed to adhere to these procedures.
• Imposition of Absurd Digital Processes: Digital process implementation in areas with poor connectivity and literacy has hindered effective processing of claims. Ex-VanMitra software in Madhya Pradesh.
• Uneven Implementation of FRA across states: Andhra Pradesh has recognised 23% of 29,64,000 acres of its minimum potential forest claim, while Jharkhand, with 52,36,400 acres of minimum potential forest area, has recognised only 5%.
  • Within states, some districts have performed better than others. For example, within Odisha, Nabarangapur district has a 100% IFR recognition rate, but in Sambalpur, it is at 41.34%.

Way Forward 

• Enhanced Documentation and Evidence Presentation: Instructions should be provided to all states, directing forest field officials to present satellite images and other documentary evidence depicting the status of forest encroachment. 
  • This will ensure that claims are not solely admitted based on the evidence provided by village elders but are supplemented with additional evidence.
• Streamlining Gram Sabha Meetings: Gram sabha meetings should be stopped repeatedly for the purpose of conferring individual forest rights over forest lands in such habitations where exercise has been already completed after final decision of District Level Committee.
• Specifying Extent of Rights: Instructions must be given for all cases involving the grant of community forest rights to include the specification of the ‘extent’ of permitted produce.
• Sensitisation of State Government Agencies: The state government agencies such as the forest departments, tribal welfare departments and revenue departments must be sensitized to facilitate the recognition of CFRRs to ensure the participation of local communities in sustainable forest management.
• Capacity Building: Efforts should be made towards building capacity of frontline staff and the local community with respect to sustainable harvest of forest produce and forest development activities for improving the quality of forests.

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This article is based on the news “Why Ladakh has turned to mass protests in freezing temperatures | Explained” which was published in the Hindu. Thousands of people in Leh have returned to the streets to their demand for full statehood for Ladakh Union Territory. 

Massive Protests in Ladakh: Ladakhis Are Demanding Statehood & Sixth Schedule Status

• The most important reason behind the protest is the inclusion of Ladakh in the Sixth Schedule of the Constitution to protect the region’s land, culture, language, and environment.
• The shutdown has been called by the Leh Apex Body (LAB) and the Kargil Democratic Alliance (KDA), two important political groups in Ladakh.

Ladakh Statehood Demand and Inclusion In Sixth Schedule

• Ladakh Statehood Demand & Full-Fledged Legislature

  • People in Ladakh, particularly from the Leh district, are demanding full-fledged statehood with a legislature.

  • Why Ladakhis Are Demanding Statehood & Sixth Schedule Inclusion: Reasons

• • • • Greater autonomy and decision-making power on local issues.
      • Increased political representation 
      • Protection of Ladakhi culture and identity
      • Concerns about potential demographic changes and loss of job opportunities for Ladakhis.

• Constitutional Safeguards Under the Sixth Schedule

  • Tribal Identity: Ladakh’s population predominantly comprises Buddhist tribes with distinct cultural and linguistic identities.
  • Land and Resources: Ladakh’s fragile ecosystem and resources are vulnerable to exploitation. The Sixth schedule’s provisions on land rights and control over natural resources offer potential safeguards against external interference.
  • Political Representation: Ladakh’s current status as a UT with limited legislative powers raises concerns about inadequate representation and lack of control over local decision-making.
    • The Sixth Schedule’s guarantee of elected councils could address this.

• Separate Lok Sabha Seats for Leh and Kargil

  • Activists and leaders of the socio-political bodies are demanding an increase in the number of Lok Sabha seats from one to two.
    • One each for Kargil and Leh to ensure representation of Ladakhis in Parliament and a full-fledged elected legislature.
    • Currently, Ladakh has only one Lok Sabha seat, encompassing both Leh and Kargil districts. This was established after Ladakh became a separate Union Territory in 2019.

• Job Reservations for Locals

  • Historical Disadvantage: Ladakhi argues that they have historically faced discrimination and lack of access to education and employment, making reservation a necessary step towards equality.
  • Protection of Ladakhi Identity and Culture: Ensuring residents have access to jobs is seen as crucial for preserving Ladakhi culture and way of life. The influx of outsiders is seen as a threat to local identity.
  • Economic Development: Reservation aims to create more employment opportunities for Ladakhis, boosting the local economy and reducing dependence on outside resources.

Central Government Response to Ladakh Statehood Demand

• Not Keen in Granting Statehood: The Central Government has not shown keen interest in granting full Statehood and special status to Ladakh, but rising discontent forced the center to set up a committee in January 2023 to look into the measures to find a balance.
• High Power Committee to Probe the Matter: Amid the rising protest, the central govt set up penal and assured protestors to look for an appropriate solution. 
  • The High Power Committee held its first meeting in December 2023 after it was empowered to examine the demand for constitutional safeguards for the region.
  • The ministry urged the leaders not to hold protests while the official talks were on.
• Resistance to Special Status to Ladakh: The Ministry of Home Affairs claimed that the UT administration was already taking care of overall socio-economic development, and sufficient funds have been provided for the region’s overall development.

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This article is based on the news “SC decision on Electoral Bonds case: Will it revive the flagging RTI Act?” which was published in the Indian Express. Recently, the SC’s verdict found electoral bonds to violate fundamental rights and infringe upon the Right to Information Act.

Supreme Court Verdict On Electoral Bond: Key Highlights

• Association for Democratic Reforms and Anr vs Union of India Cabinet Secretary and ors: The Supreme Court declared the electoral bonds scheme violative of the right to information and free speech and expression under Article 19(1)(a) of the Constitution.
• Broad Scope of RTI: The SC averred that RTI is not confined only to state affairs but also includes information necessary for participatory democracy. 
  • Political parties are relevant units in the electoral process, and their funding information is essential for electoral choices.
• Emphasis on Transparency and Accountability: The principles of transparency and accountability, the fundamental objectives of the RTI Act, were considered by the judges in rendering their unanimous decision.

RTI Act: Right to Information Act 2005

Evolution of RTI Act

• Early Advocacy: The RTI era in India began with the first query filed at a Pune police station on October 12, 2005, marking the start of a new chapter in transparency.
• Mass Movement in Rajasthan: The slogan “Hamara Paisa — Hamara Hisab” by Mazdoor Kisan Sangathan Samiti (MKSS) in the 1990s in Rajasthan villages sparked a movement for access to government records, leading to the RTI Act.
• Legislative Enactment: The RTI Act was passed by the Parliament in 2005 to enable the citizens to exercise their freedom of speech and expression under Article 19(1)(a) of the Indian Constitution.
• Provision: Under the RTI Act, a citizen may request information from a “public authority” (a body of government) which is required to reply within thirty days.

Salient Features of the RTI Act

• Public Information Officer (PIO): Any citizen can apply in writing or electronically, addressing the concerned PIO.
  • PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens requesting for information under the Act.
• Timely Response:  Upon receiving an application, the PIO is required to respond within 30 days. 
  • In exceptional cases where the information concerns a third party, the response time is extended to 45 days.
• Right to Appeal: The Act recognizes the right to appeal for both the applicant and the PIO. 
  • If an applicant is not satisfied with the response received or does not receive a response within the stipulated time frame, they can file an appeal with the first appellate authority.
  • If the applicant is still dissatisfied with the decision of the first appellate authority, they can approach the Information Commission, the final appellate authority.
• Disclosure Obligations: Public authorities must disclose information related to their organization, functions, decision-making processes, and public schemes. 
  • Exemptions: While promoting transparency, Section 8 of the RTI Act provides specific exemptions to defence and security-related matters, trade secrets, personal information, and cabinet proceedings.
  • Provision for Exceptions under Section 8 of the RTI Act:
    • The sovereignty and integrity of India
    • Security, strategic, scientific or economic interests of the State 
    • Relations with Foreign States 
    • Lead to incitement of an offence 
    • Section 8 (2) provides exemption under Official Secrets Act, 1923.
• Whistleblower Protection: It includes provisions for whistleblower protection to encourage whistleblowing and safeguard those who expose corruption or wrongdoing. 
  • It prohibits the disclosure of the whistleblower’s identity and provides penalties for any harm caused to them. 
• Information Commissions: It provides for the constitution of the Central Information Commission (CIC) at the centre and the State Information Commission(SIC) in the state.
• Proactive Disclosure: Section 4 of the Act calls for proactive disclosure of information by all authorities so that the public minimally resorts to using this RTI Act to obtain information.

Dents On the Foundation of RTI Act With Time

• Resistance to RTI by Political Parties: The CIC’s 2013 attempt to subject political parties to RTI scrutiny was met with defiance from both sides of the political aisle and ignoring the judgment without challenging it legally.
  • This resistance not only undermined the CIC’s authority but also initiated a period of distrust between the commission and the government.
• Limited Access to Political and Historical Information: The withholding of information on the grounds of national security and foreign relations impacts public access to historical documents. 
  • The information about the PM Care Fund has also been kept out of RTI’s purview.

• The RTI Amendment Act 2019

• • Term and Appointment: The original act sets a fixed five-year term for the CIC and ICs at both national and state levels. The amendment empowered the central government to determine the term of office for the CIC and ICs, removing the fixed five-year term.
  • Salary Determination: The original act stated that the salaries of the CIC and ICs were pegged to those of the Chief Election Commissioner, Election Commissioners, and state Chief Secretaries. The amendment empowers the central government to specify the salaries, allowances, and service conditions for CICs and ICs at both levels.

Functional Issues With RTI Act

• Dependence on Subordinate Rules: The RTI Act’s implementation is dependent on subordinate Rules made by the Union Government and State Governments. 
  • For instance, the simple matter of what payment method a public authority can accept is left to the States to decide.
  • Ex – States like Tamil Nadu do not accept Indian Postal Orders (IPOs).
• Threats to RTI Activists: According to the Commonwealth Human Rights Initiative (CHRI), across India, 99 RTI activists have lost their lives,180 were assaulted and 187 were threatened since 2006. 
• Dysfunctional: Due to exceptions, the Information Commissions have remained dysfunctional.
  • Satark Nagrik Sangathan in its recent study of State Information Commissions’ performances found that four out of 29 are defunct and at least three are still headless.
• Vacancies in Information Commissions: In 10 commissions, the waiting time for hearing after filing an appeal is over a year. 
  • Nineteen of the 29 Commissions have not cared to file their annual report, mandatory under the Act. 
  • The CIC itself boasts of only three commissioners with eight vacant posts. At this rate, there is hardly any hope of clearing backlogs.
  • The Jharkhand SIC, for instance, has had no commissioners to hear appeals since May 2020.
• Casual approach of officers in dealing with RTI queries: The PIOs frequently miss the 30-day timeline and often give incomplete information as a reply to the RTI
• Rising Pendency: The pendency of cases under the CIC has been rising. Three lakh twenty-one thousand appeals were pending before the various Commissions as of June 30, 2023.
• Judicial Bottlenecks: Several RTI cases are embroiled in judicial procedures.
• Frivolous RTIs: An oft-repeated excuse by bureaucrats for their unprofessional attitude is the number of frivolous queries or those with perverse motives. However, it is only around 4% of the total appeals, which can easily be managed. 

Way Forward To RTI Act

• Revitalizing the RTI Act: Form a committee led by the Minister of Personnel to address RTI issues, aligning with the Prime Minister’s emphasis on transparency and accountability.
• Need For a Code of Conduct: A code of conduct must be evolved for the Central and State Information Commissioners to keep a strict distance from government heads and officialdom.
• Revitalizing the Defunct Commissions: The defunct state commissions should be jump started by filling vacancies in state commissions and information commissioners at the center.
• Maintaining Autonomy of the Information Commissions: It is imperative to ensure freedom of the press and democratic institutions, punish errant officials and maintain complete autonomy of the information commissions.
• Awareness & Education about the Information Laws: The Indian information law, rated as one of the strongest in the world, needs to be bolstered by raising awareness amongst the people and organizing rigorous training of government officials. 
• Availability of Information in Vernacular Languages: All information associated with the RTI Act and its functioning must be made available in the local language.

Conclusion

Collaboration among the RTI activists, civil society organisations, and government agencies is essential for monitoring the implementation of the RTI Act and addressing emerging challenges.

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