Oct 18 2024

Recently, the Supreme Court expressed that it would consider the question as to whether establishment and effectuation of Gram Nyayalayas by States/UTs is mandatory under the Gram Nyayalayas Act, 2008.

Background of the Case

Gram Nyayalayas

  • Public Interest Litigation (PIL) seeks the establishment and implementation of Gram Nyayalayas under the Gram Nyayalayas Act, 2008 in 2019.
  • Gram Nyayalayas aim to provide speedy, affordable justice in rural areas.
  • Key Legal Issue
    • Question: Is it mandatory or optional for states to establish Gram Nyayalayas under the 2008 Act?
    • Section 3(1) of the Act uses the term “may,” raising debate over whether it implies discretion or obligation for states to set up these courts.

Supreme Court’s Directions

  • States must provide detailed information about the status of Gram Nyayalayas after consulting High Court Registrar Generals within six weeks.
  • The Union Government is directed to file a fresh affidavit regarding compliance with the 2020 Court order, especially concerning funding and financial support for these courts.
    • 2020 Order: Right to justice includes the right to affordable justice. 
      • It directed the states, which had not yet issued notifications for establishing Gram Nyayalayas, to do so within four weeks, and asked the high courts to expedite the process of consultation with state governments on this issue.
  • The Court will examine whether establishing Gram Nyayalayas is mandatory in a separate hearing.

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About Gram Nyayalaya

  • Origin: The Law Commission of India, in its 114th Report, had suggested the establishment of Gram Nyayalayas for providing affordable and quick access to justice to the citizens at their doorsteps. 
  • Gram NyayalayasEstablishment: Gram Nyayalayas Act, 2008 has been enacted to provide for the establishment of the Gram Nyayalayas at the grassroots level
    • Statutory and Quasi-judicial body.
    • The Act extends to the whole of India, except to the States of Nagaland, Arunachal Pradesh, Sikkim.
  • Definition: Gram Nyayalaya shall be a mobile court and shall exercise the powers of both Criminal and Civil Courts.
  • Purposes: The purpose of Gram Nyayalayas is providing access to justice to the citizens at their doorsteps and to ensure that opportunities for securing justice are not denied to any citizen due to social, economic or other disabilities.
  • Appeal Procedures:
    • Criminal Cases: It shall be taken to the Court of Session.
    • Civil Cases: It shall be taken to District court.

Supporting Provisions in Constitution

  • Article 39A: Added by 42nd CAA 1976 in DIRECTIVE PRINCIPLES OF STATE POLICY (Part IV) of Indian constitution directs the State “to ensure equal justice on a basis of equal opportunity and shall provide free legal aid”.
  • Part IX ( Panchayats): Emphasises decentralisation of power and grass-roots level governance, which Gram Nyayalayas support.

    • Timely Disposal of Appeals: Appeals in both cases have to be heard and disposed of within six months.
  • According to the Department of Justice, Currently, only 15 states/UTs have notified Gram Nyayalayas.
    • There are only 313 operational out of 481 notified Gram Nyayalayas across the country.

Features of Gram Nyayalaya

  • Jurisdiction Notification: The State Government, in consultation with the High Court, notified the boundaries of the area under the jurisdiction of a Gram Nyayalaya. It can also alter such limits at any time.
  • Mobile Court Sessions: It can hold mobile courts in villages falling under its jurisdiction and the State Government shall extend all required facilities.
  • Gram NyayalayasPresiding Officer: The Gram Nyayalaya shall be Court of Judicial Magistrate of the first class and its presiding Officer (Nyayadhikari) shall be appointed by the State Government in consultation with the High Court.
  • Appointment Process: The State Government shall appoint a presiding officer called Nyay Adhikari for every Gram Nyayalaya in consultation with the High Court, who will be a person eligible to be appointed as a Judicial Magistrate of the First Class.
  • Seat: Seat of the Gram Nyayalaya will be located at the headquarters of the intermediate Panchayat, they will go to villages, work there and dispose of the cases.
  • Establishment in every district: The Gram Nyayalaya shall be established or every Panchayat at intermediate level or a group of contiguous Panchayats at intermediate level in a district or where there is no Panchayat at intermediate level in any State
    • Initial Proposal: The Gram Nyayalayas were initially proposed to be set up at the intermediate panchayat level with a one-time budget of Rs. 18 lakhs for non-recurring expenses. 
    • The Central Government also covered 50% of recurring expenses for the first three years.
  • Trial Jurisdiction: Gram Nyayalayas are authorised to handle criminal cases, civil suits, claims, or disputes as outlined in the First and Second Schedules of the Act.
    • Offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
  • Summary Procedure: The Gram Nyayalaya shall follow summary procedure in criminal trials.
  • Not Bound by Indian Evidence Act: The Gram Nyayalaya shall not be bound by the rules of evidence provided in the Indian Evidence Act, 1872 but shall be guided by the principles of natural justice and subject to any rule made by the High Court.
  • Conciliation Methodology: The Gram Nyayalaya shall try to settle the disputes as far as possible by bringing about conciliation between the parties and for this purpose, it shall make use of the conciliators to be appointed for this purpose.

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Significance of Gram Nyayalayas

  • Access to Justice: Gram Nyayalayas bring judicial services closer to rural populations, ensuring speedy and affordable justice in remote areas.
  • De-clogging Courts: By handling minor civil and criminal cases at the local level, Gram Nyayalayas can help reduce the burden on overburdened District and subordinate courts.
    • District and subordinate courts are the biggest contributors to pending cases, with 4,53,51,913 cases pending with them
  • Cost-effective Legal Recourse: Legal proceedings in Gram Nyayalayas are designed to be low-cost, benefiting economically disadvantaged groups.
  • Informal and Efficient Procedures: They follow a simplified procedure, with no strict adherence to formal rules of evidence, which makes the process faster and more accessible for common people.
  • Promoting Local Justice: Gram Nyayalayas function within rural communities, encouraging local dispute resolution with sensitivity to local needs and cultural context.
  • Empowering Rural Governance: These courts complement the decentralisation of governance by reinforcing law and order in panchayat areas, which strengthens the rule of law in rural settings.

Challenges of Gram Nyayalayas

  • Delay in Implementation: The Gram Nyayalaya Act is of 2008. Sixteen years have gone by and we are faced with this situation where not even four per cent of Gram Nyayalayas have been established.
  • Lack of Infrastructure: Many Gram Nyayalayas lack basic infrastructure like courtrooms, technology, and support staff, limiting their effective functioning.
  • Not mandatory: The Act does not make setting up of Gram Nyayalayas mandatory: Section 3 of the Act provides that state governments “may” constitute Gram Nyayalayas.
  • Jurisdictional Overlaps: Conflicts may arise with existing courts at tehsil levels, leading to confusion and overlapping jurisdiction issues.
  • Overburdening High Courts: They may end up burdening high courts with appeals and writ petitions.
  • Funding Constraints: States often face challenges in allocating adequate financial resources for establishing and maintaining these courts, especially in rural and less-developed areas.
    • Kerala raised a demand for additional funds for expanding Gram Nyayalayas, but Kerala government had postponed disbursement of funds for courts saying: ‘Deferred for better times’.
  • Underutilization of resources: In some regions, Gram Nyayalayas handle very few cases, leading to concerns about their cost-effectiveness and underutilization.
    • Examples like Karnataka, where a Gram Nyayalaya handled only 116 cases in four years, despite the significant cost of maintaining such courts.
  • Lack of Awareness: Many rural populations remain unaware of the existence and benefits of Gram Nyayalayas, limiting their reach and effectiveness.

Way Forwards to Strengthening Gram Nyayalayas

  • Expedited Implementation: Ensure timely establishment of Gram Nyayalayas in all states as per the 2008 Act. Monitor and evaluate the implementation progress regularly.
  • Proposed Amendment: Act should be amended- Jurisdiction of the Gram Nyayalayas may be redefined in order to remove the ambiguities regarding the jurisdiction of Gram Nyayalayas.

Supreme Court Concerns and Recommendations on Gram Nyayalayas

  • State-Specific Needs: Establish Gram Nyayalayas based on individual state requirements, with input from the Chief Justice of the High Court and state governments.
  • Focus on Regular Courts: Prioritize increasing the number of regular courts and improving their infrastructure over setting up new Gram Nyayalayas.
  • Financial Feasibility: Weigh the financial capacity of states before establishing additional Gram Nyayalayas, as funding regular courts is already a challenge.
  • Prevent Overburdening High Courts: Gram Nyayalayas may lead to more appeals and writs in High Courts, potentially increasing their caseload.
  • Encourage Regular Courts: Increasing regular courts with better facilities and more judicial officers may be a more effective solution for reducing judicial backlogs.

  • Uniform Functioning: Standardise the functioning of Gram Nyayalayas across states to ensure consistency.
  • Adequate Funding and Infrastructure: Allocate sufficient funds for the establishment and maintenance of Gram Nyayalayas. Develop proper courtrooms, offices, and other necessary infrastructure.
  • Initiative to Support Gram Nyayalayas: Under Gram Nyayalayas scheme (Centrally Sponsored Scheme (CSS), Union Government provides financial assistance to States to set up Gram Nyayalayas.
  • Leveraging Technology: Use digital platforms for case management, filing, and hearings to improve efficiency. Provide digital literacy training to rural citizens to enable access to online services.
  • Periodic Reviews and Feedback: Conduct periodic reviews of the functioning of Gram Nyayalayas. Gather feedback from rural communities to identify and address issues.

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Conclusion

While Gram Nyayalayas have the potential to improve access to justice in rural India by providing speedy, affordable legal recourse, they face significant challenges such as inadequate infrastructure, funding issues, and jurisdictional conflicts. Addressing these challenges is crucial for realising their full potential in de-clogging higher courts and ensuring justice for all.

The Supreme Court has upheld the constitutional validity of Section 6A of the Citizenship Act, 1955 by a 4:1 majority.

  • The Supreme Court also called for stricter implementation of laws against illegal immigration and judicial monitoring of the implementation of immigration and citizenship legislations.

About Section 6A of Citizenship Act

  • Framework for Recognition: In 1985, in order to give effect to the Assam Accord, Section 6A was introduced in The Citizenship Act, 1955.
    • Section 6A provides the framework to recognise migrants in Assam as Indian citizens or to expel them based on the date of their migration.
  • Eligibility for Citizenship: The provision fixes March 25, 1971, as the cut-off date for granting citizenship to Bangladeshi migrants in Assam.
    • All persons of “Indian origin” who entered the state before January 1, 1966 and have been “ordinarily resident” in Assam ever since “shall be deemed to be citizens of India”.
  • Registration Requirements: Additionally, it provides that anyone who entered and resided in Assam after January 1, 1966 but before March 24, 1971 who has been “detected to be a foreigner” would have the opportunity to register themselves according to rules made by the Central Government.

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Challenges to Section 6A of the Citizenship Act

  • Petitioners’ Concerns: Petitioners, including the Assam Public Works President and Assam Sanmilita Mahasangha, challenged Section 6A as discriminatory, arguing that it:
    • unfairly targets Assam and 
    • facilitates mass immigration

Background of Section 6A of Citizenship Act and Assam Accord

  • Influx of Migrants: The 1971 war between India and Pakistan led to the independence of Bangladesh, causing a significant influx of Bengali-speaking refugees into India from East Pakistan.
  • AASU Agitation: Concerned about demographic changes due to Bangladeshi immigration, the All Assam Students Union (AASU) launched a movement demanding the deportation of illegal migrants.
    • This agitation lasted six years, marked by significant unrest and violence.
  • Assam Accord: The protest concluded with the signing of the Assam Accord in August 1985, facilitated by the Rajiv Gandhi-led Central government.
    • A critical aspect of the Assam Accord was the establishment of criteria for identifying “foreigners” in Assam.
    • Clause 5 of the Accord set January 1, 1966, as the base cut-off date for determining foreigners in electoral rolls.
      • It also provided a process for the grant of citizenship to those who arrived in the state after that date, upto March 24, 1971.
  • Inclusion of Section 6A
    • In December 1985, Section 6A was incorporated into the Citizenship Act to formalise the provisions of the Assam Accord.

    • alters the state’s demographics by granting citizenship to migrants claiming entry before the March 1971 cut-off date.
    • making indigenous Assamese people a minority in their own state and adversely affecting their cultural rights under Article 29 of the Constitution.
  • Inconsistent Cut-off Dates: 
    • Section 6 of the Constitution grants citizenship to any person who migrated from Pakistan before July 19, 1948.
    • Petitioners asserted that Section 6A indirectly amends this constitutional provision, as they argued that Bangladesh was still part of Pakistan as of January 1, 1966.
    • The insertion of a new cutoff date for granting citizenship would violate an existing cutoff date for immigrants entering India from Pakistan.

Centre’s Defense

  • Parliament Has the Power to Regulate Citizenship:
    • Article 11 of the Indian Constitution: The Centre referenced Article 11 of the Constitution, which empowers Parliament to regulate matters related to citizenship, as a basis for Section 6A.
    • Entry 17 of the Union List, gives Parliament the power to make laws to address “Citizenship, naturalisation and aliens”.
  • Potential Consequences of Striking Down Section 6A: Other respondents , including NGO ‘Citizens for Justice and Peace’ warned that striking down Section 6A could render many current residents “stateless”, and be considered foreigners after enjoying citizenship rights for over 50 years.

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National Register of Citizens (NRC)

  • Definition: The NRC is a record of genuine Indian citizens, aimed at identifying and deporting illegal immigrants as mandated by the Citizenship Act of 1955, Foreigners Act of 1946, and the Passport (Entry into India) Act, 1920.
    • The only nationwide NRC was created in 1951.
    • Assam is the only state currently maintaining an NRC, mandated by the Supreme Court since 2014.

National Register of Citizens (NRC) in Assam

  • Objective: To identify genuine citizens residing in Assam as of March 24, 1971, addressing immigration concerns.
  • NRC Process Initiation: Started in 2013 under a Supreme Court order, with completion set for August 31, 2019.
  • Eligibility: Included names of individuals or their descendants from the NRC of 1951, electoral rolls up to March 24, 1971, and other admissible documents proving presence before that date.
  • Final Release: The updated NRC was released on August 31, 2019, excluding over 1.9 million applicants making them ‘Stateless’.
    • Excluded individuals can appeal to Foreigners Tribunals within 120 days, using state-provided legal aid, and must prove their ancestors’ citizenship prior to March 24, 1971
    • No immediate detention occurs until tribunal decisions are made, complicating deportation due to the lack of a formal repatriation treaty with Bangladesh.

Key Points from the Supreme Court Judgement

  • Constitutional Validity of Section 6A: Section 6A does not violate Articles 6 and 7 of the Constitution, which establish a cut-off date for granting citizenship to migrants from East and West Pakistan as of January 26, 1950, the date of the Constitution’s commencement.
    • Articles 6 and 7 are only meant to determine citizenship at the commencement of the Constitution on January 26, 1950. Section 6A, on the other hand, “deals with those who are not covered by the constitutional provisions”.
  • Legislative objective of Section 6A: It was to balance the humanitarian needs of migrants of Indian origin and the impact of the migration on the economic and cultural needs of Indian States.
  • Section 6A and Right to Equality: The influx of migrants to Assam had a unique impact on the state’s cultural and political rights, making it rational to treat Assam differently from other states. 

Key Points from the Dissenting Judge on Section 6A

  • Flawed Citizenship Process for Migrants (1966-71):
    • Justice Pardiwala highlighted the lack of a mechanism allowing migrants from January 1, 1966, to March 25, 1971, to voluntarily apply for citizenship.
    • Instead, they must wait to be identified by the government as “suspicious immigrants” to then prove their citizenship before a foreigners’ tribunal.
  • Ineffectiveness Over Time:
    • Section 6A, while constitutional at first, has become ineffective.
    • Without a proper timeline for identifying foreigners, it no longer serves its original purpose of quick and effective identification of migrants from the 1966-71 period.
  • Absence of Timeframe for Removal:
    • Lack of a timeframe would “relieve” the government of its burden to identify immigrants belonging to the “1966-71 stream” and delete them from the electoral rolls. 
    • These immigrants would be incentivised to remain on the electoral rolls for an “indefinite period” until they are detected.

    • Section 6A does not violate the principle of equality by granting citizenship only to migrants in Assam, excluding other border states.
  • 6A does not facilitate “external aggression”: The court ruled that Section 6A, which grants citizenship to certain migrants from East Pakistan (now Bangladesh), does not amount to “external aggression” through illegal immigration.
  • Regulated Migration: 6A provides a way to manage and regulate who can become a citizen.
  • No Violation of Article 355: Petitioners argued Section 6A violated Article 355 (meant to protect states from external threats). The court disagreed, saying letting people challenge laws using emergency powers would create chaos.
  • Reasonable Cut-off Date: The cut-off date of March 25, 1971, is justified because it coincides with Operation Searchlight, which was launched on March 26, 1971, to suppress the Bangladeshi nationalist movement
    • Migrants before this operation are considered part of the Indian partition.
  • Misinterpretation of Section 6A: The claim that Section 6A incentivizes migration to Assam is deemed erroneous, as undocumented migrants could previously register as citizens under Section 5(1)(a) of the Citizenship Act before its amendment in 2003.
  • Compliance with Constitutional Principles: Section 6A remains within the constitutional framework, does not contravene the foundational principles of fraternity, nor does it infringe upon Articles 6, 7, 9, 14, 21, 29, 326, or 355 of the Constitution of India.
  • Compatibility with Other Laws: The ruling confirmed that Section 6A does not conflict with the Immigrants (Expulsion from Assam) Act, 1950, or established principles of international law.
  • Cultural heritage protection: The presence of diverse ethnic groups does not inherently infringe upon the rights to protect linguistic and cultural heritage under Article 29(1) of the Constitution.
  • Acknowledgment of Illegal Immigration Concerns: The porous borders and inadequate fencing, contributes to a continuous influx of migrants.

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Significance of the Judgement

  • Upholding of Cut-Off Date: With SC upholding the validity, the cut-off date will remain as the basis of granting citizenships to those coming from Bangladesh and other nations to Assam.
  • Foundation of National Register of Citizens (NRC): It has upheld the basis on which the National Register of Citizens (NRC) in Assam was devised.

Way Forward To Tackle the Problem of Immigrants In Assam

  • Enhance Enforcement Mechanisms: Develop robust mechanisms to ensure effective enforcement of Section 6A
    • This includes increasing resources and personnel dedicated to monitoring and identifying illegal immigrants in Assam.
  • Training Programs: Implement training programs for authorities involved in immigration enforcement to better understand the legislative framework and the importance of adherence to due process.
  • Integration of Legislative Provisions : Integration of the Immigrants (Expulsion from Assam) Act, 1950 into Section 6A to enhance the identification process of illegal immigrants.
    • The Immigrants (Expulsion from Assam) Act, 1950 allows the government to expel immigrants from Assam who entered the state after March 25, 1971.
  • Streamline Procedures: Establish clear and efficient procedures for the identification, documentation, and deportation of illegal immigrants, reducing bureaucratic delays.
  • Judicial Oversight: Implement constant judicial monitoring as directed by the court to ensure compliance with immigration laws and safeguard the rights of residents.
  • Regular Reporting: Require periodic reports from enforcement agencies on the status of illegal immigration and the effectiveness of measures taken under Section 6A.
  • Strengthening Tribunals: By increasing the number of tribunals and personnel dedicated to immigration cases, ongoing training for tribunal members on immigration laws, etc.

A new study published in the journal Nature has found that Marine heat waves ( MHW) can also be observed in the “twilight zone“, between the depths of 200 and 1,000 meters.

Key Findings of the Study

  • Neglected Zone: MHWs in deep oceans such as Twilight zone  have been under-reported because the usual focus is on surface temperature changes.
  • Role of Eddy Currents: In the deep ocean, eddy currents, which are large swirling currents sometimes hundreds of kilometers wide, are primarily responsible for temperature changes, rather than atmospheric factors.
    • Eddies carry warm or cold water over long distances, significantly impacting temperature fluctuations in the deep ocean.
  • Increased Intensity of Eddies: Due to global warming, eddy currents are intensifying, leading to stronger and more frequent marine heatwaves (MHWs) and marine cold spells (MCSs) in the twilight zone.
  • Measurement Techniques: The study used long-term moorings (buoys placed at depth) and Argo floats (robotic divers that measure temperature and salinity up to 2,000 meters deep) to record the temperature changes in deep waters.

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What is the Twilight Zone?

  • The Twilight Zone is a layer of the ocean spanning across the whole of Earth beginning at two hundred metres below the surface, and ending at 1km down. 
  • The temperatures stay close to freezing and water pressure can reach 1,500 pounds per square inch in the twilight zone.

Importance of the ocean Twilight Zone

  • Twilight zone: Whales and fish migrate and dead algae and zooplankton rain down from above providing food for twilight-zone animals. 
  • Heart of the Ocean’s carbon pump:  Part of the natural ocean processes that capture about a third of all human-produced carbon dioxide and sink it into the deep sea, where it remains for hundreds of years.

Layers of Ocean

Marine Heatwave

About Marine Heat wave

  • An extreme weather event: MHW occurs when the surface temperature of a particular region of the sea rises to 3 or 4 degree Celsius above the average temperature for at least five days.

Causes of Marine Heatwaves

  • Change in Wind Pattern: Wind patterns can enhance or suppress MHWs
  • Natural Phenomenon: Events like the El Nino Southern Oscillation (ENSO) 
  • Intensification with Global Warming: Oceans absorb  the additional heat caused by greenhouse gas emissions.

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Impacts of MHW

  • Catastrophic for marine life: Destroyed kelp forests, which  usually grow in cooler waters, providing habitat and food for many marine animals.
  • Leading to Coral Bleach: Corals are very sensitive to the temperature of the water in which they live. When water gets too warm, they expel the algae known as zooxanthellae, living in their tissues, causing them to turn entirely white. 
  • Extreme weather: Higher ocean temperatures, which are associated with MHWs, can make storms like hurricanes and tropical cyclones stronger.
  • Heightened Devastation for Humans: With warmer temperatures the rate of evaporation escalates the transfer of heat from the oceans to the air. When storms travel across hot oceans they gather more water vapor and heat.
    • This results in more powerful winds, heavier rainfall and more flooding when storms reach the land causing loss of properties and life.

The recent report titled ‘The Economics Of Water: Valuing the Hydrological Cycle as a Global Common Good’ by the Global Commission on the Economics of Water, highlights the escalating global water crisis and its disproportionate economic impact on lower-income countries.

Key Findings of the Report

  • Economic Loss: The lower-income countries are projected to experience an average GDP loss of up to 15% by 2050, nearly double the global average loss of 8% in 2024.
  • Impact on India: The looming water crisis will cost 14.34% of India’s GDP by 2050.
  • Factors of the crisis: It attributes this crisis to poor economic practices, unsustainable land use, and water mismanagement, compounded by climate change.
  • Anthropogenic Influence: For the first time, human activity is disrupting the natural water cycle, undermining economic stability and human well-being.
  • Basic need Vs Dignified life need: The report highlighted that every person requires around 4,000 liters of water daily for a dignified life, including essential consumption and food security.
    • This need  far exceeds the typical figure of 50-100 liters for basic health needs.
    • As the availability of water diminishes, food security and human development are at risk.
  • Green and Blue water: The report also distinguishes between “green water” (soil moisture) and “blue water” (surface and groundwater).
    • It stressed on the critical importance of green water for rainfall, climate stability, and economic resilience.

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Economics Of Water

Suggested measures to overcome the Water Crisis

Economics Of Water

  • Water as public good: The Commission suggested rethinking water governance, advocating that water be treated as a global public good, not a personal commodity.
  • Need of collaborative effort: The report emphasizes collective action across nations to address this crisis.
  • Five-Point Agenda: The Commission proposed a five-point agenda, including:
    • Revolutionizing food systems to reduce water usage in agriculture.
    • Conserving natural habitats and restoring degraded ecosystems.
    • Establishing a circular water economy to reclaim freshwater from wastewater.
    • Encouraging sustainable innovations.
    • Ensuring equitable access to clean water.

Global Commission on the Economics of Water (GCEW)

  • Objective: To make a significant and ambitious contribution to the global effort to spur change in the way societies govern, use and value water
  • The Commission’s ultimate goal is a “Global Water Pact” to secure funding and enhance water governance globally, recognizing that the water crisis now threatens nearly all Sustainable Development Goals (SDGs)
  • It was launched in May 2022 with a two-year mandate. 
  • It presented the evidence and the pathways for changes in policy, business approaches and global collaboration to support climate and water justice, sustainability, and food-energy-water security.
  • The Commission is convened by the Government of the Netherlands and facilitated by the Organisation for Economic Co-operation and Development (OECD).
  • Working partners :The GCEW is executed by an independent and diverse group of eminent policy makers and researchers in fields such as:
    • OECD
    • Potsdam Institute for Climate Impact Research
    • Indian Institute for Human Settlements
    • University College London
    • Australian National University
    • University of Amsterdam

Direct Tax

Data released by the Central Board of Direct Taxes (CBDT) under the Ministry of Finance shows contribution of direct taxes to total tax revenue climbed to 56.72 per cent in FY24, the highest in 14 years. 

Key Highlights of the Data

  • Direct tax-to-GDP ratio is the share of direct taxes in the overall economic output in the country.
    • Direct tax-to-GDP ratio jumped to over a two-decade high of 6.64 per cent
  • Direct tax to total tax revenue : Increased to  56.72 %  from last year 54.63 %
  • Indirect taxes to total tax revenue: Reduced to 43.28%  from last year’s 45.37%.
  • In 2020-21 Indirect Tax > Direct Tax 

Tax Payer

  • A taxpayer is a person who either has filed a return of income for the relevant Assessment Year (AY) or in whose case tax has been deducted at source in the relevant financial year but the taxpayer has not filed the return of income.

  • State-wise Contribution in direct tax: Maharashtra (39 %)  > Karnataka (12%) >  Delhi (10.4%)
  • Tax Buoyancy: Explains the relationship between the changes in the government’s tax revenue growth and the changes in Gross domestic product (GDP).
    • When a tax is buoyant the revenue increases without increasing the tax rate.
  • Tax Buoyancy  grew to 2.12 in 2023-24 from 1.18 in the previous financial year.
  • Increase in Income tax filers: The increase in collections was accompanied by an increase in returns filed, income tax return filers and taxpayers. 
    • Income tax return filers increased to 8.09 crore in FY24 from 7.4 crore in FY23.
    • In the assessment year 2023-24 taxpayers increased to 10.4 crore(FY23) from 9.37 crore( FY22).

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Classification of Taxation in India

Direct Tax

Parameter Direct Tax Indirect Tax
Liability
  • Direct taxes are levied directly on individuals and businesses based on their income, profits, or assets
  • Indirect taxes are imposed on goods and services rather than directly on individuals or businesses.
Payment
  • Paid entirely by a taxpayer directly to the government.
  • Ultimately paid by the end-consumer of goods and services
Nature
  • Progressive in Nature : Tax rate increases with increase in income level. 
  • So, Direct Taxes are considered as progressive tax.
  • Regressive in Nature: Tax rate is the same for all, irrespective of the income level

Hyundai Motor India launched India’s biggest IPO of Rs 27,856 crore on October 15 which  was closed on Thursday with an oversubscription of 2.37 percent.

About IPO

Initial Public Offering

  • Public Issue: When a company raises funds by selling or issuing its equity shares to the public through an offer document 
  • Initial Public Offerings (IPO) : It is a type of issue where an unlisted company raises capital by making a fresh issue of securities or offering its existing securities for sale to the public for the first time.
    • An unlisted company is one whose shares are not traded on a public stock exchange.
    • “Listed Company” means a company which has any of its securities offered through an offer document listed on a recognised stock exchange and also includes
      Public Sector Undertakings whose securities are listed on a recognised stock exchange.
  • Further Public Offer (FPO) / Follow-on Public Offer (FPO): When a listed company wants additional capital, it makes either a fresh issue of securities or an offer for sale of existing securities to the public 
  • Offer for sale (OFS) : Under the offer for sale method, securities are not issued directly to the public but are offered for sale through intermediaries like issuing houses or stock brokers.
    • Special mechanism through which the promoters can sell their stake in the market.

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Regulations of IPO

  • The Security and Exchange board of India (SEBI) has laid down rules that require companies to meet certain criteria before they can go to the public to raise funds.
    • Company must have net tangible assets of at least Rs 3 crore, and 
    • Net worth of Rs 1 crore in each of the preceding three full years,  and 
    • Must have a minimum average pre-tax profit of Rs 15 crore in at least three of the immediately preceding five years.
  • Who is Allowed to Invest in an IPO?
    • Qualified Institutional Buyers (QIBs): This is a category of institutional investors that includes Foreign Portfolio Investors (FPIs), mutual funds, commercial banks, insurance companies, pension funds, etc.
    • Retail investors: All individuals who invest up to Rs 2 lakh in an issue 
    • High net worth individuals: Retail investors investing above Rs 2 lakh 

The Union Food Ministry said scientific evidence suggested that iron-fortified rice was safe for consumption for everyone and people suffering from blood disorders such as Thalassemia and Sickle Cell anemia are not at risk of excessive iron absorption.

Fortified Rice

Centre Defends Fortified Rice Initiative Amid Safety Concerns and Multinational Allegations

  • There were concerns of safety raised over the consumption of fortified rice and the complaint that the approval for its universal supply was to please certain multinational companies.
  • Centre clarified that fortified rice was an ambitious initiative to combat micronutrient deficiencies.

What is Fortification?

  • Fortification is the process of adding nutrients to food products that are not naturally present or are present in insufficient amounts.
  • Fortified RiceRice Fortification: Fortified Rice Kernels (FRK), containing FSSAI prescribed micronutrients (Iron, Folic Acid, Vitamin B12)  are added to normal Rice in the ratio of 1:100 (Mixing 1 Kg of FRK with 100 Kg custom milled rice).
  • Standard for Fortified rice: According to FSSAI norms 1 kg fortified rice shall contain Iron (28 mg-42.5 mg), folic acid (75-125 microgram) and Vitamin B-12 (0.75-1.25 microgram).
    • Fortified rice is nearly identical to traditional rice in aroma, taste, and texture. 
  • Process is done in the rice mills at the time of milling of rice.

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Need of Rice Fortification

  • India has very high levels of malnutrition among women and children.
  • Iron deficiency affects more than two billion people globally causing anaemia, weakness, impaired learning and increased risk of infections and maternal mortality.
  • Rice is a staple diet for one-third of the Global Population and the majority of the population in India rely on rice.
  • Distribution of Fortified Rice through Public Dstribution System can help India fight against the problem of Malnutrition and Anaemia.

Sickle Cell Anaemia and Thalassemia

Fortified Rice

  • Sickle Cell Disease : Genetic blood disorder characterized by an abnormality in haemoglobin (protein responsible for carrying oxygen in red blood cells)
  • It Causes red blood cells to adopt a sickle or crescent shape, hindering their movement through vessels.
    • It leads to potential complications like severe pain, infections, anaemia, and strokes.
  • Types : Dependent on the inherited genes from parents, all encoding abnormal haemoglobin.
    • HbSS (Sickle Cell Anaemia): Individuals inherit two “S” genes, one from each parent, resulting in abnormal haemoglobin “S.”
    • HbSC: Inheriting an “S” gene from one parent and a different abnormal haemoglobin, “C,” from the other
    • HbS Beta Thalassemia: This form arises from inheriting an “S” gene from one parent and a beta thalassemia gene from the other.
  • Thalassaemia: It is the name for a group of inherited conditions that affect a substance in the blood called haemoglobin.

Assam’s Kaziranga National Park, famous for its one-horned rhino population, has also earned the distinction of being the second butterfly diversity hub, after Namdapha National Park in Arunachal Pradesh.

Butterfly in Kaziranga Park

  • Kaziranga has emerged as the  butterfly diversity hub, boasting 446 species.
  • Among the newly recorded species are the Burmese Threering, Glassy Cerulean, Dark-bordered Hedge Blue, Andaman Yellow Banded Flat, Ferrar’s Cerulean, Great Red-vein Lancer, Peacock Oakblue, Single-lined Flash, Yellow-tailed Walking, White Palm Bob, Dark-dusted Palm Dart, Clavate Banded Demon, Pale-marked Ace, Yellow Onyx, Long-winged Hedge Blue, Ace sp, Hill Ace, and Dwarf Banded Demon.

About Kaziranga National Park

  • It is a UNESCO World Heritage Site.
  • Location: Golaghat and Nagoan in the state of Assam 
    • It lies between Brahmaputra River and the Karbi (Mikir) Hills.
  • Rivers: Brahmaputra flows along the northern boundary of the park.
    • Numerous Other smaller rivers and streams such as Diphlu River, Mora Diphlu River, and Mora Dhansiri River pass through the National Park.
  • Landscape: Sheer forest, tall elephant grass, rugged reeds, marshes, and shallow pools.
  • Fauna: Many endangered and threatened species like Rhino, Tiger, Eastern swamp deer, Elephant, Buffalo, Hoolock gibbon, Capped langur, and Gangetic River dolphin
    • It is inhabited by the world’s largest population of one-horned rhinoceroses, as well as many mammals.

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About Butterfly

  • They are insects from the order Lepidoptera of phylum Arthropoda which also includes moths.
  • Pollinators: Butterflies along with bees play an important role in the pollination of plants and the production of crops.
    • Butterflies transport pollen grains from one place to another.
  • Indicator Species: Reflect the quality and changes in environmental conditions as well as aspects of community composition.
    • If the population of butterflies decreases then their predators (wasps, spiders, and birds) lose their major food source. 
  • Rich Biodiversity: Their abundance in any area represents the rich biodiversity.

Assam’s Hollongapar Gibbon Sanctuary

Context: The National Board for Wildlife (NBWL)  has deferred approval for a Vedanta subsidiary’s proposal for oil exploration in Assam’s Hollongapar Gibbon Sanctuary.

About Hollongapar Gibbon Sanctuary

  • Location: Situated in Assam, India.
  • Former Names: Previously known as the Gibbon Wildlife Sanctuary or Hollongapar Reserved Forest.
  • Establishment: Officially constituted and renamed in 1997.
  • Initial Designation: Initially set aside in 1881.

Flora and Fauna

  • Hoolock Gibbons: Home to India’s only ape and gibbon species.
    • It is found in Nagaland, Manipur, Assam, Meghalaya, Arunachal Pradesh ,Mizoram, and Tripura, south of the Brahmaputra in India. 
    • Conservation status: IUCN Red Lists
      • Hoolock Gibbon (Eastern)- vulnerable
      • Hoolock Gibbon ( Western) – Endangered
        • These both the species are on Schedule I of theWildlife (Protection) Act of India, 1972. 
  • Bengal Slow Loris: Also houses Northeastern India’s only nocturnal primate.
  • Vegetation:
    • Upper Canopy: Dominated by hollong trees (Dipterocarpus retusus).
    • Middle Canopy: Dominated by nahar trees (Mesua ferrea).
    • Lower Canopy: Comprises evergreen shrubs and herbs.

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Threats to the Habitat

  • Illegal Logging: Unauthorized cutting of trees.
  • Human Encroachment: Expansion of human settlements into the forest area.
  • Habitat Fragmentation: The breaking up of the forest into smaller, isolated patches.

 

Understanding The Differences Between Antelope and Deer

Context: Recently, Blackbuck and Chinkara are at the centre of the news cycle given the tragic murder of Nationalist Congress Party leader Baba Siddique in Mumbai. 

Key Differences between Antelope and Deer

Antelope and Deer

  • Taxonomy
    • Both deer and antelope belong to the kingdom Animalia and the order Artiodactyla (even-toed ungulates).
    • Deer belong to the family Cervidae, while antelope are part of the family Bovidae (which also includes cattle, buffalo, goats, etc.)
  • Physical Characteristics
    • Deer have antlers: Branching, keratinous growths present only in males and shed annually.
    • Antelope have horns: Permanent, unbranched, strong, and composed of a chitinous shell with a bony core, present in both males and females.
  • Body Structure
    • Antelopes: Generally have longer legs and more slender bodies, adapted for speed and agility in open habitats.
    • Deer: Tend to have stockier builds with shorter legs compared to many antelope species.
  • Behaviour
    • Antelope and DeerAntelopes: Antelopes have adapted a wide range of habitats, typically woodland, forest, savannah, grassland plain, desert (hot and cold), swamp,marshes, etc. and several species are living in the mountain and rocky outcrops.
      • They often live in large herds and rely on speed and agility to evade predators.
    • Deer: May form smaller groups and are often found in forested areas. 
      • They rely more on camouflage and stealth, along with speed, to avoid predators.

Geographical Distribution of Antelope

  • Distribution: There are 91 species of antelopes worldwide, primarily in Africa and Asia with Africa being the ‘antelope haven.’
  • Antelopes in India: India has six antelope species: Tibetan Antelope, Tibetan Gazelle, Nilgai, Blackbuck, Chinkara, and Chausingha.
  • Threats to Antelope Populations: Hunting, habitat destruction, competition with livestock and wars and conflict.

Global Distribution of Deer

  • There are 43 species of deer found across various regions, from the Americas to Eurasia.
    • Moose: The largest deer species, found in North America (called Elk in Eurasia).
    • Pudu: The smallest deer species, native to South America.
  • Deer in India: India is home to 12 species of deer.
    • Indian Mouse Deer (smallest)
    • Sambar (largest)

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Reclassification of King Cobra

Context: Recently, Scientists have recategorised King Cobra (s) into four distinct species.

About King Cobra

  • It is the world’s longest venomous snake and among the heaviest. 
    • King cobra bites, while rare, affect the respiratory centres in the brain, causing respiratory arrest, cardiac failure and can have lethal neurotoxic effects.
  • Distinctive Features:
    • Diet: Primarily snake-eaters, consuming both venomous and nonvenomous species.
    • Nest-Building: The king cobra is the only snake that builds a nest to lay eggs , which they fiercely guard until the hatchlings emerge.
    • Hiss: The hiss of the king cobra is a much lower pitch than many other snakes and many people compare its call to a “growl” rather than a hiss.
    • Facultative Parthenogenesis in King Cobras: King cobras have demonstrated the ability to undergo facultative parthenogenesis, a form of asexual reproduction where females can produce offspring without fertilisation by a male.
  • Habitat: Adaptable to various habitats, including rainforests, bamboo thickets, mangrove swamps, high-altitude grasslands, and rivers etc.
  • Threats: Deforestation, International pet trade, wildlife smuggling, Persecution by humans, Exploitation for skin, food, and medicinal purposes etc.
  • Protection Status
    • IUCN Red List: Vulnerable
    • CITES: Appendix II
    • Wildlife (Protection) Act, 1972: Schedule II
  • Re Categorisation into Four Distinct Species: The king cobra is now classified into four species:
    • Mainland Asia Northern king cobra (Ophiophagus hannah) : Extends from eastern Pakistan through northern India to parts of Southeast Asia
    • Sunda king cobra (Ophiophagus bungarus): Found in areas south of the Kra Isthmus, including Malaysia and some southern Philippines islands.
    • Western Ghats king cobra (Ophiophagus kaalinga):  Endemic to the Western Ghats in India, inhabiting mid-elevation rainforests and foothills.
    • Luzon king cobra (Ophiophagus salvatana): Exclusive to Luzon Island in the northern Philippines, with potential undiscovered populations on other islands.
      • Their reclassification has significant implications for king cobra conservation and can also aid in reducing fatalities from their bites.

 

Jiangmen Underground Neutrino Observatory (JUNO)

Context: After years of construction, the $300 million Jiangmen Underground Neutrino Observatory (JUNO) in China’s southern Guangdong province will soon start gathering data on neutrinos, a product of nuclear reactions, to help solve one of the biggest mysteries in particle physics.

About Jiangmen Underground Neutrino Observatory (JUNO)

  • Location: Southern Guangdong Province, China.
  • Cost: $300 million.
  • Purpose: To study neutrinos, subatomic particles from nuclear reactions, for understanding particle physics and the universe.
  • Construction: A giant sphere with light-detecting tubes, housed in a 12-storey pool of water, 700 metres underground.
  • Operational: Expected to start in 2025.
  • Scientific Objectives:
    • Neutrino Mass Hierarchy: JUNO aims to determine which neutrino types are lightest and heaviest—a crucial question in particle physics.
    • Study of Solar Processes: Real-time observation of neutrinos from the Sun for insights into solar energy generation.
    • Earth Studies: Investigate neutrinos from radioactive decay in Earth’s mantle to understand tectonic plate movement.
    • Nuclear Power Plants: JUNO will analyse neutrinos from two nearby nuclear plants for up to six years.

About Neutrinos

  • Type of subatomic particle
  • Mass and Charge: Don’t have an electric charge, have a small mass, and are left-handed (a physics term meaning the direction of its spin is opposite to the direction of its motion). 
  • Abundance of Neutrinos: Second-most abundant particles after photons (particles of light) and the most abundant among particles that make up matter.
  • Types/Flavours: Three types or “flavours” – electron neutrino, tau neutrino and muon neutrino.
  • Neutrino Oscillation: They can change from one flavour to another as they travel. This is an unusual quantum phenomenon.
    • Example: Neutrinos from the Sun are initially electron-neutrinos, but on Earth, many of them are detected as muon-neutrinos.
  • Observation: Neutrinos’ weak charge and almost nonexistent mass have made them notoriously difficult for scientists to observe. 
    • They can only be “seen” when they interact with other particles

India’s Neutrino Project

  • India-based Neutrino Observatory (INO): Planned for Tamil Nadu, India.
  • Location: The INO collaboration has decided on a site in the Bodi West Hills (BWH) region in the Theni district of Tamil Nadu.
  • Funding and Support: Funded by the Department of Atomic Energy.
  • Current Status: Faces an uncertain future due to procedural issues and lack of political support.

Additional Reading: Neutrino-Universe

 

Battle of Walong

Context: To mark the 62nd anniversary of the iconic battle of Walong during the 1962 war with China, the Army is planning a month-long series of commemorative events beginning on October 17 till November 14.

About Battle of Walong

  • During the 1962 Indo-China war, Indian troops halted the advancing Chinese People’s Liberation Army (PLA) for 27 days in the Walong sector, Arunachal Pradesh.
  • The 11 Infantry Brigade defended against the PLA with 800 soldiers, halting 4,000 PLA troops and forcing China to deploy an additional division of 15,000 soldiers.
  • Geographical Challenges:
    • The battles were fought at altitudes ranging from 3,000 to 14,000 feet in rugged terrain.
    • The sector was completely dependent on air maintenance and lacked a road link, adding logistical challenges for Indian forces.
  • The battle was a testament to the bravery of the Indian Army despite being outnumbered and under-resourced. The Time Magazine (1963) praised the Indian soldiers for their “guts.”

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Commemoration Events (2024)

  • Inauguration of newly renovated Walong War Memorial (Shaurya Sthal) and key border infrastructure projects.
  • Walong Day: Marked by a wreath-laying ceremony, battle narrations, and traditional performances by local tribes (Mishmi and Meyor dancers) showcasing the cultural heritage of Arunachal Pradesh.

Battle of Walong

 

SARTHI, or Solar Assisted Reefer Transportation with Hybrid controls and Intelligence

Context: Recently, the National Institute of Food Technology Entrepreneurship and Management, Kundli (NIFTEM-K) has introduced Solar Assisted Reefer Transportation with Hybrid Controls and Intelligence (SARTHI) system. 

About SARTHI

  • SARTHI, or Solar Assisted Reefer Transportation with Hybrid controls and Intelligence, is a system that uses IoT (Internet of Things), sensors, and solar power to reduce post-harvest losses in the transportation of perishable food. 
  • Features of SARTHI:
    • Dual Compartments: Stores fruits and vegetables at different temperatures
    • Real-time Monitoring: Sensors measure temperature, humidity, ethylene, and CO2 levels
    • Mobile App: Provides real-time information about the quality of the produce
    • Solar-Powered Air Handling Unit: Maintains temperature control when the vehicle stops 
  • Significance:
    • SARTHI can help extend the shelf life of produce and reduce losses due to moisture loss or chilling injury
    • It can also help transporters make informed decisions, such as rerouting produce to closer markets if spoilage is detected. 
      • This can help reduce carbon footprints and energy waste.

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