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Nov 30 2023

Context: The Supreme Court directed the Survey of India to assess whether the proposed mega car park project in Kerala, near the Mullaperiyar dam area, encroaches upon the land specified in the Periyar Lake Lease Agreement of October 1886.

More about the news:

  • Time frame for examination: The court granted a three-month timeframe for the Survey of India to conclude the examination. This directive followed the mutual consent of both Tamil Nadu(TN) and Kerala for the survey conducted by the Survey of India.
  • Challenge to NGT decision: The TN government had taken the matter to the Supreme Court, challenging the decision of the National Green Tribunal (NGT), which had granted approval to Kerala for the implementation of a “mega car parking” project in the water spread area of the Mullaperiyar dam.
    • The tribunal’s Chennai Bench had sanctioned the project in the vicinity of the Periyar Tiger Reserve, situated near the reservoir of the Mullaperiyar dam.
Survey of India:

  • It is the country’s National Survey and Mapping Organization under the Department of Science & Technology.

Periyar Lake Lease Agreement of October 1886:

  • A lease indenture for 999 years was made on 29-10-1886 between Maharaja of Travancore and Secretary of State for India for Periyar irrigation works.  
  • By another agreement in 1970, Tamil Nadu was permitted to generate power. 

What challenges have been raised by Tamil Nadu?

  • Land leased to Tamil Nadu:  The state contended that the project was situated in the region leased to Tamil Nadu. 
  • Environmental impact: The project, involving various additional construction activities, was anticipated to have adverse environmental effects on the catchment area, water spread area of the Mullaperiyar dam.
    • It will impact the waters of the reservoir used for drinking and irrigation in five districts of Tamil Nadu.

About Mullaperiyar dam:

  • Location: The Mullaperiyar dam is situated in the higher reaches of the Periyar River, which rises in Tamil Nadu and flows into Kerala and is located within the Periyar Tiger Reserve.
  • Utility: The water from the reservoir is utilized for power generation in the lower Periyar by Tamil Nadu, then directed into the Suruliyar, a tributary of the Vaigai River, and irrigating approximately 2.08 lakh hectares in Theni and four other more distant districts.

Mullaperiyar Dam Location

Mullaperiyar Inter-State Water Dispute

  • Water level: Tamil Nadu wants the water level to be raised to 142 ft in accordance with the 2014 Supreme Court decision, whereas Kerala insists on maintaining it at 139 ft due to damage to dams and environmental concerns and
  • Fairness of agreement: Kerala also objects about the fairness of the lease agreement. 

News Source: The Hindu

Context: Recently, the Delhi government notified ‘Delhi Motor Vehicle Aggregator and Delivery Service Provider Scheme 2023’.

Delhi Motor Vehicle Aggregator Scheme

  • Aim: Comprehensive regulation and licensing of aggregators providing passenger transport service and delivery services.
    • The scheme aims to bring app-based aggregator platforms under the government’s ambit to ensure the safety of commuters and curb vehicular pollution.
  • Focus: The Delhi Motor Vehicle Aggregator Scheme focuses on setting clear guidelines for the transition of commercial vehicles to Electric Vehicles (EVs) and high standards for service quality and public safety.
  • Target: The Delhi Motor Vehicle Aggregator Scheme targets passenger transport, delivery service providers, and e-commerce services with a holistic approach to fight pollution.
  • Timeline for Aggregators to Adopt EVs: 10% of three-wheelers and 5% of four-wheelers by 2023, all three-wheelers by 2027, and all four-wheelers by 2028.
    • Bike taxi aggregators must switch their entire fleet to EVs immediately.

Further Reading: Delhi Air Quality: Causes, Effects, and Measures for Sustainable Change

Source: The Hindu

Context: The Union Cabinet on November 29 approved the continuation of fast track courts, dedicated to the dispensation of justice in cases of sexual offenses, for a period of three years.

More On News: 

  • Allocation: The total cost of running the scheme for the three years would be ₹1,952.23 crore out of which ₹1,207.24 crore would be borne by the Centre and ₹744.99 crores by the State.
    • The Centre’s share would be taken from the Nirbhaya Fund.
  • Each fast track court is conceived to take up trials of between 65 and 165 cases annually. The annual expenditure to run one such court was pegged at Rs 75 lakh with one judicial officer and seven support staff.
  • Background: The Centre had decided to set up 1,023 fast track courts after the passage of the Criminal Law (Amendment) Act in 2018 in the aftermath of the ‘Nirbhaya’ gangrape case in Delhi. 
    • These included courts that deal exclusively with cases related to violations of the POCSO Act in 31 States and UTs.

Fast track Courts in India

Nirbhaya Fund:  

  • The Government has set up a dedicated fund  Nirbhaya Fund following the tragedy of the December 2012, Nirbhaya Rape Case.
  • This   can be utilized for projects specifically designed to improve the safety and security of women. 
  • It is a non-lapsable corpus fund administered by the Department of Economic Affairs, Ministry of Finance.
  • The Ministry of Women and Child Development (MWCD) is the nodal Ministry to appraise/recommend proposals and schemes to be funded.
  • MWCD further has the responsibility to review and monitor the progress of sanctioned schemes in conjunction with the line Ministries/Departments.

About Fast Track Court Scheme:

  • The Fast Track Special Court (FTSC), a centrally sponsored scheme launched in 2019, will now be extended to March 31, 2026.
  • Nodal Ministry: the Department of Justice, Ministry of Law and Justice.
  • Aim: It has established fast track courts across the country, ensuring the swift disposal of cases related to rape and those coming under the Protection of Children from Sexual Offences (POCSO) Act.
  • Current Status: A total of 30 states and union territories have participated in the scheme, operationalizing 761 fast track courts, including 414 dedicated POCSO courts, which have resolved over 1,95,000 cases together.
  • Challenges: Only 754 of the 1,023 courts have been operational.

Source: The Hindu

Context: Central Consumer Protection Authority issues a Safety Notice under the Consumer Protection Act, 2019 alerting consumers against acids purchases on e-commerce platforms.

More on News:

  • E-commerce platforms are urged to implement appropriate mechanisms to prevent the sale of acids in violation of mandatory requirements
  • Measures may include taking a separate undertaking from the seller, mandating uploading a Photo ID, and recording the purpose of procuring acids.
  • As per Section 4 (3) of Consumer Protection (E-Commerce) Rules, 2020, no e-commerce entity shall adopt any unfair trade practice, whether in the course of business on its platform or otherwise.

Functions of CCPA

Need of Saftey Noice:

  • Consumer Saftey:  The availability of hazardous acids in such a freewheeling and easily accessible manner can be dangerous and unsafe for consumers and the public.
    • Consumer rights’ as defined under Section 2(9) of the Act, including the right to be protected against the marketing of goods, products or services that are hazardous to life and property (See Image).
  • Violation Of  SC Direction: 
    • It has been observed that there is no requirement to produce a photo ID issued by the government or any manner in which the e-commerce platforms record the purpose of buying the acids before placing an order.
    • Enabling the purchase of acids in such a manner on the e-commerce platform is a clear violation of the directions of the Hon’ble Supreme Court of India and the MHA Advisory.
  • Lack of Mechanism: There is no actual mechanism by which age verification of the buyer takes place before placing the order.

SC Directions: The Hon’ble Supreme Court of India in the case of Laxmi vs. Union of India has issued directions that must be complied with with the sale of acids and other corrosive substances.

Ministry of Home Affairs Guidelines: Measures to be taken to prevent acid attacks on people and for treatment and rehabilitation of survivors.

  • Banned over-the-counter sale: Banning over-the-counter sale of acids/corrosives unless the seller maintains a logbook/register recording the sale of acids. 
    • The log/register shall contain the details of the person(s) to whom acid(s) is/are sold, the quantity sold and his address.
  • Mandatory for the buyer to produce a photo ID with age and address issued by the government. 
    • The logbook/register should also specify the reason/purpose for procuring acid.
  • The sellers must declare all the acid stocks  with the concerned Sub-Divisional Magistrate (SDM) within 15 days.
    •  In case of undeclared stock of acids, SDM can confiscate the stock and suitably impose a fine on such seller up to Rs. 50,000.
  • Penalty for breach of directions: The concerned SDM may impose a fine of up to Rs.50,000 on any person who commits a breach of any of the above directions.
  • Educational institutions, research laboratories, hospitals, Government Departments and the departments of Public Sector Undertakings, that are required to keep and store acids/corrosive, shall maintain a register of acid usage, which shall be filed with the concerned SDM.
    • A person shall be made accountable for the possession and safekeeping of acids in their premises.

Source: PIB

Context: Nepal Registers Same Sex Marriage, and became the first South Asian country to register same-sex marriage officially five Months after the Supreme Court of Nepal legalized it.

Nepal Registers Same Sex Marriage

  • In June 2023, the Supreme Court of Nepal issued an interim order to legalize same-sex marriage in a writ petition filed by multiple people, including Gurung
  • But despite the historic order to temporarily register same-sex marriage, Kathmandu District Court four months ago rejected the move, citing a lack of necessary laws.

Nepal Registers Same Sex MarriageStatus On Same Sex Marriage in India:

  • General Definition: Same sex marriage in India refers to marriages between two individuals of the same gender.
  • Opposition: Traditional religious groups have opposed homosexual marriages as they believe them to be against the natural order.
    • In some countries, homosexuality itself is criminalized and same-sex marriage looks like a distant dream. 

Supreme Court verdict on Same Sex Marriage in India:

  • On Same Sex Marriage: The Court unanimously held that there is “no unqualified right” to marriage and same-sex couples can’t claim it as a fundamental right under the Constitution.
  • On Civil Union: The right to enter into a Union includes the right to choose one’s partner and the right to recognition of that union. 
    • However, Parliament is required to decide on any change in the regime of the Special Marriage Act. 

verdict on Same Sex Marriage in India

  • Rights of Transgender Persons
    • Right to Marry: The transgender persons in heterosexual relationships have the right to marry as per the existing statutory laws or personal laws. 
    • Registration under the Marriage Act: A transgender person could be in a heterosexual relationship, a union between a trans-persons could be registered under the Special Marriage Act and other existing laws.
  • Rights of Queer Couples on Adoption
    • Discriminatory Provisions: The guidelines of the Central Adoption Resource Authority (CARA), prohibited unmarried and queer couples from adoption and believed it as unconstitutional and illegal.
    • As per Regulation 5(3) of CARA “no child shall be given in adoption to a couple unless they have at least two years of stable marital relationship except in the cases of relative or step-parent adoption”.
      • A queer person can adopt only in an individual capacity. This has the effect of reinforcing the discrimination against queer community.

Also Read: Supreme Court Verdict on Same-Sex Marriage

Context: The Supreme Court has ruled that a person cannot be charged with criminal conspiracy under the Prevention of Money Laundering Act (PMLA) unless the conspiracy is to commit a crime specifically listed in the Schedule of the Act.

More in News:

  • Court Ruling: The court ruled that the offense under Section 120B of the IPC will only be considered a scheduled offense if the criminal conspiracy is to commit an offense already included in Parts A, B, or C of the Schedule.
  • ED’s Argument Rejected: The court rejected an argument made by the Enforcement Directorate (ED) that Section 120B of the Indian Penal Code, which deals with criminal conspiracy, is included in Part A of the Prevention of Money Laundering Act Schedule of Offences.
    • The ED argued that this means that even if the conspiracy is to commit an offense not listed in the Schedule, it can still be considered a scheduled offense.
Enforcement Directorate

The Enforcement Directorate is a multi-disciplinary organization mandated with the investigation of offenses of money laundering and violations of foreign exchange laws.

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

  •  The Prevention of Money Laundering Act, 2002 (PMLA)
  •  The Foreign Exchange Management Act, 1999 (FEMA):
  •  The Fugitive Economic Offenders Act, 2018 (FEOA):
  •  The Foreign Exchange Regulation Act, 1973 (FERA): 
  • Sponsoring agency under COFEPOSA: Under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), this Directorate is empowered to sponsor cases of preventive detention concerning contraventions of FEMA.
  • Court’s Interpretation: The court found that the ED’s interpretation would defeat the legislative intent of the Prevention of Money Laundering Act, which is to make only a few select offenses schedule offenses. 
    • The court also stated that not every crime that may generate proceeds of crime should be considered a scheduled offense.
About Prevention of Money Laundering Act 2002:  

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

List of Offences

  • Under Prevention of Money Laundering Act, the commission of any offense (mentioned in Part A and Part C of the Schedule of Prevention of Money Laundering Act) will attract the provisions of Prevention of Money Laundering Act.
    • Part A: It enlists offenses under various acts such as the Indian Penal Code, Narcotics Drugs and Psychotropic Substances Act, Prevention of Corruption Act, Antiquities and Art Treasures Act, Copyright Act, Trademark Act, Wildlife Protection Act, and Information Technology Act.
    • Part C: It deals with trans-border crimes and reflects the dedication to tackling money laundering across global boundaries.

Source:  The Hindu

Context: The Union Cabinet has approved the Central Sector Scheme for providing Drones to the Women Self Help Groups (SHGs), with an outlay of Rs. 1261 Crore for the period from 2024-25 to 2025-26.

Harnessing Drones for Women’s Empowerment in Agriculture

  • Aligning to the vision of the Hon’ble Prime Minister ‘Nari Shakti’, the scheme seeks to empower women Self Help Groups (SHGs) and bring new technologies through drone services in the agriculture sector.

The highlights of this scheme are as follows:

  • Convergence of resources and efforts: The scheme approves holistic interventions by converging the resources and efforts of the Department of Agriculture & Farmers Welfare (DA&FW), Department of Rural Development (DoRD), and Department of Fertilizers (DoF), Women Self Help Groups and Lead Fertilizer Companies (LFCs).
  •  Identification clusters: Appropriate clusters will be identified based on economic feasibility in various states and progressive 15,000 women SHGs in the identified clusters will be selected to provide drones.
  • Central Financial Assistance: Selected women Self Help Groups will be given 80% of the cost of drone and accessories/ancillary charges up to a maximum of Rs. Eight Lakh under scheme.  
    • The Cluster Level Federation (CLFs) of SHGs may raise the balance amount (total cost of procurement minus subsidy) as a loan under the National Agriculture Infra Financing Facility (AIF)
    • Interest subvention at 3% on the AIF loan will be provided.
  • Training:
    • Drone Pilot Training: One female member from each SHGs will be elected by the SRLM and LFCs for 15-day training.    
      • Qualification: 18 and above years of age 
      • Training Module: 5-day mandatory drone pilot training and additional 10-day training for agriculture for nutrient and pesticide application purposes.
    • Drone Technician/assistant: This training shall be provided as a package along with the supply of drones.
      • The other interested member/family member of the SHG in repairs of electrical goods, fitting, and mechanical works will be selected

Role of LFCs: 

  • The LFCs will act as a bridge between drone supplier companies and Self Help Groupss.
  • LFCs will also promote the use of Nano Fertilizers such as Nano Urea and Nano DAP by the drones with SHGs.  

Potential Benefits Of the Scheme: 

  • The scheme will help infuse advanced technology in agriculture for improved efficiency, enhanced crop yield, and reduced operation costs for the farmers’ benefit.
    • For Instance, Self Help Groups can rent drone services to farmers for various agricultural activities such as fertilizer and pesticide applications.
  • It will provide sustainable business and livelihood support to 15,000 SHGs and they can earn additional income of at least Rs. one lakh per annum.

Source: PIB

Context:  Recently, the Union Home Minister announced the signing of a peace agreement with the Meitei separatist group, United National Liberation Front (UNLF), in Manipur. 

Precedent for the Peace Agreement:

  • Historical Context: Various Valley-Based Insurgent Groups (VBIGs) have historically refrained from entering agreements or participating in peace talks with the Centre.
  • Limited Precedents: Some groups like the UPPK, KCP, and Maoist Communist Group, though possibly having insignificant strength, have either disbanded or become insignificant in the past.
  • UNLF’s Split and Leadership Changes:
    • The UNLF experienced a formal split in the mid-1990s, leading to the formation of the Kanglei Yawol Kanna Lup (KYKL), another proscribed group, under N Oken.
  • Recent Split and Factions: In 2021, a split occurred, with Khundongbam Pambei breaking away from the central committee.
    • Presently, there are two factions: one under Pambei’s chairmanship and the other under NC Koireng’s chairmanship.
  • Consideration of the Peace Agreement:
    • While the terms of the recent agreement with the UNLF remain undisclosed, its significance is underscored by the group’s historical stature and impact in Manipur.
    • The presence of mass organizations and a substantial public turnout at recent events in Manipur reflects the group’s enduring influence.

About UNLF:

  • Formation: Founded on November 24, 1964, the United National Liberation Front is the oldest valley-based insurgent group in Manipur.
    • It was formed with the demand for secession from India.
  • Operational Scope: The area of operation includes all valley areas of Manipur and some villages in Kuki-Zomi hill districts.
  • Current Status:
    • Two factions of the UNLF exist, collectively comprising an estimated 400-500 cadres.
    • Primarily operates from camps in Myanmar’s Sagaing Region, Chin State, and Rakhine State, with Myanmar military patronage.
  • Legal Status: Proscribed and banned under the Unlawful Activities Prevention Act.

Context:  Sri Lanka has reached an “agreement in principle” with India and the Paris Club group of creditors, on a debt treatment plan.

What is the Agreement in Principle for Debt Treatment Plan?

  • Objective and Parameters: 
    • Aimed at facilitating the disbursement of the next tranche of the International Monetary Fund’s nearly-$3 billion recovery package.
    • The Official Creditor Committee (OCC) and Sri Lanka agreed on main parameters aligned with the Extended Fund Facility (EFF) arrangement with the IMF.
      • The Extended Fund Facility (EFF) provides financial assistance to countries facing serious medium-term balance of payments problems because of structural weaknesses that require time to address.
  • Formalization Process:
    • The OCC looks forward to formalizing the agreement in the coming weeks through a Memorandum of Understanding with Sri Lanka.
    • The OCC expects “other bilateral creditors” to share information transparently for evaluating comparability of treatment.
  • Emphasis on Creditor Parity and Transparency:
    • Japan and India stress the importance of creditor parity and transparency in the restructuring process.

What is Paris Club?

  • The Paris Club is an informal group of creditor nations.
  • Objective: To find workable solutions to payment problems faced by debtor nations. Membership: 22 permanent members, including most of the western European and Scandinavian nations, the United States, the United Kingdom, and Japan.
  • India’s Participation: India participates on an ad-hoc basis.
Official Creditor Committee (OCC):

  • It was formed in response to Sri Lanka’s request for debt treatment during last year’s economic crisis.
  • It is co-chaired by India, Japan, and France, as chair of the Paris Club.
  • China, Sri Lanka’s largest bilateral creditor, chose not to participate in the OCC but attended meetings as an observer

India’s Assistance to Sri Lanka:

  • Financial Support: India provided USD 4 billion assistance in alignment with the ‘Neighbourhood First’ policy, utilizing credit lines and currency support.
  • IMF Financing Assurance: India, as the first bilateral creditor, conveyed financing assurance to the IMF, facilitating a formalized program for Sri Lanka.
  • Vision Document for Economic Partnership: India released a comprehensive vision document outlining specific areas of cooperation for sustainable economic development and prosperity.
  • Special Grant Package: During President Ranil Wickremesinghe’s visit to India, a special grant package of SLR 3 billion was announced for multi-faceted projects in the IOT community. Read More about India-Sri Lanka Relations here.

News Source: The Hindu

Context: European multinational companies facing substantial tax demands in India are urging the Supreme Court to reconsider a landmark verdict. 

  • The ruling, based on the Vienna Convention, interprets the Most Favoured Nation (MFN) clause in tax treaties.

Background:

  • The October Supreme Court decision favored the tax department, doubling withholding tax for companies. 
  • For Example:
    • Dividends earned by Dutch companies in India face a 10% withholding tax under the Double Tax Avoidance Agreement (DTAA).
    • The MFN clause allows a lower tax rate if India has a better deal with another country.
    • Dutch companies calculated tax at India’s lower rate of 5% with certain countries.
    • The tax department rejected this calculation, citing a lack of government notification.
    • The Supreme Court held that MFN tax provisions don’t automatically apply and that the Indian government must notify the lower tax rate.

LAW OF TREATIES

Introduction: Importance of the law of treaties

  • All kinds of inter-state transactions are conducted through treaties.
  • Various international organizations are established by means of treaties.
  • Disputes between States are brought before international courts by means of treaties.
  • The treaty is the most important source of international law. 
  • Therefore, the special importance of treaties in international law does not need emphasis.

The Vienna Convention on the Law of Treaties, 1969

  • Adopted on 23 May 1969 and entered into force on 27 January 1980.
  • It is a combination of codification and progressive development of international law.

 

Vienna Convention Framework:

  • The review petitions call for adherence to the Vienna Convention on the Law of Treaties. 

This framework obligates parties to comply in good faith. The argument hinges on whether notification is necessary for the MFN clause to be operational.

Most Favoured Nation (MFN)

 

What are the Most Favoured Nation (MFN)?

  • The 164 members of the World Trade Organization commit to treating each other equally to benefit from the lowest tariffs, highest import quotas, and minimal trade barriers for goods and services. 
  • This commitment to non-discrimination is termed Most Favoured Nation (MFN) treatment. 
  • Exceptions:  
    • When members strike bilateral trade agreements or when members offer developing countries special access to their markets.
  • Non-WTO Countries:
    • WTO members can impose whatever trade measures they wish without flouting global trading rules. Ex, Iran, North Korea, Syria, or Russian.
  • Removal of MFN status:
    • There is no formal procedure for suspending MFN treatment.
    • India suspended Pakistan’s MFN status in 2019. Pakistan never applied MFN status to India.

News Source: Livemint

Context: Recently, Indian Space Research Organisation (ISRO) scientist V R Lalithambika conferred the highest civilian French honour for space cooperation initiatives. 

ISRO Scientist Lalithambika Conferred highest French Civilian Award

  • She is the second ISRO scientist after former  ISRO chairman A S Kiran Kumar (awarded in 2019) to be awarded the Legion d’Honneur of France for promoting Indo-French space cooperation. 
  • She has been recognised by France for her role in the signing of the first joint agreement for cooperation between the French National Space Agency (CNES) and the ISRO on human spaceflight in 2018.
    • She was the director of the human space programme.
  • She is also credited for coordinating another Indo-French agreement on the Indian astronaut programme in 2021. 

About V R Lalithambika: 

  • Dr.V. R. Lalithambika is an Indian engineer and scientist. 
  • She joined ISRO’s Vikram Sarabhai Space Center in 1988 as a launch vehicle autopilot design engineer.
    • Expanded her sphere of activity to include design and validation activities and flight telemetry data management for ISRO launch vehicle missions.

V R Lalithambika

  • Gaganyaan: Her efforts were instrumental for the human spaceflight programme and in the establishment of a human spaceflight center. 
  • She has designed the autopilot for the PSLV, the GSLV, the GSLV Mk III.
    • She further led the team in developing guidance and autopilot systems, flight software and validation of navigation, guidance and control systems for all ISRO ascent and re-entry missions.

About Légion d’Honneur:

  • The Legion of Honour is the highest civilian award given by the French Republic for outstanding service to France irrespective of nationalities. 
  • It has been in existence for over 200 years since it was created in 1802 by Napoleon Bonaparte.

News Source: IE

Context: Government Urges Financial Institutions to register with the Citizen Financial Cyber Fraud Reporting and Management System (CFCFRMS) platform, developed by the Indian Cyber Crime Coordination Centre (I4C).

Unregistered FIs Urged to Prioritize Registration with Cyber Fraud Prevention System

  • Strengthen Fraud Management and Due Diligence: FIs have received a directive from the central government to strengthen their fraud management systems and enhance due diligence. 
    • The move is aimed at improving cybersecurity in the financial sector.

Registration Status: Currently, out of 800 FIs, only 259 have registered with I4C. The remaining institutions are requested to expedite the registration process.

Cyber Fraud Prevention System

About the Indian Cyber Crime Coordination Centre (I4C):

  • It is an initiative of the Ministry of Home Affairs to deal with cybercrime in the country in a coordinated and comprehensive manner.
  • It was approved in October 2018.

About Financial Institution (FI)

  • A financial institution (FI) is a company that deals with financial and monetary transactions.
  • The FIs consist of retail and commercial banks, internet banks, credit unions, savings and loan associations, investment banks and companies, brokerage firms, insurance companies, and mortgage companies. 

 

Objectives of I4C:

  • To act as a nodal point to curb Cybercrime in the country.
  • To strengthen the fight against Cybercrime committed against women and children.
  • Facilitate easy filing of cybercrime-related complaints and identify Cybercrime trends and patterns.
  • To act as an early warning system for Law Enforcement Agencies for proactive Cybercrime prevention and detection.
  • Create awareness among the public about preventing cybercrime.
  • Assist States/UTs in capacity building of Police Officers, Public Prosecutors and Judicial Officers in the area of cyber forensics, investigation, cyber hygiene, cyber-criminology, etc.
Citizen Financial Cyber Frauds Reporting and Management System has been developed for quick reporting of financial cyber frauds and monetary losses suffered due to the use of digital banking/credit/debit cards, payment intermediaries, UPI, etc. 

 

Cyber Frauds Reporting and Management System

It has seven components:

  1. National Cyber Crime Threat Analytics Unit
  2. National Cyber Crime Reporting Portal
  3. National Cyber Crime Training Centre
  4. Cyber Crime Ecosystem Management Unit
  5. National Cyber Crime Research and Innovation Centre
  6. National Cyber Crime Forensic Laboratory Ecosystem
  7. Platform for Joint Cyber Crime Investigation Team.

Also Read: Cyber Security And Rising Incidence Of Cyber Crime

News Source: Business Standard

Context: Recently, the central government has approved the terms of reference for the 16th Finance Commission (FC).

16th Finance Commission Report

  • Report: The 16th Finance Commission will submit its report by October 2025 and the recommendations will be valid for a 5 year period beginning April 2026.
  • Terms of Reference (ToR): Detailed TOR for the 16th FC will be notified in due course of time. 

About Finance Commission 

  • The Constitution of India (CoI) envisages the Finance commission as the balancing wheel of fiscal federalism in India. The first Finance Commission was set up in 1951.
  • Set up under Article 280 of the Constitution, FC is a constitutional body formed by the President of India to give suggestions on centre-state financial relations
  • Core Responsibility: 
    • To evaluate the state of finances of the Union and State Governments.
    • Recommend the sharing of taxes between them.
    • Lay down the principles determining the distribution of these taxes among States. 
  • Working: It is characterized by consultations with all levels of government, thus strengthening the principle of cooperative federalism
  • Composition: It consists of a chairman and 4 other members to be appointed by the President.
  • Nature of Recommendations: Advisory in nature, not binding on the government. 

What are the Terms of Reference for the 16th Finance Commission?

  • ToR: It is the matters to which a study or report is limited.
  • Make recommendations to the following matters:
    • Taxes Distribution: Distribution between the Union and the States of the net proceeds of taxes.
    • Grants-in-Aid to States: Principles governing the grants-in-aid of the revenues of the States out of the Consolidated Fund of India and sums to be paid to the States. 
    • Panchayats and Municipalities Resources: The measures needed to supplement the resources of the Panchayats and Municipalities are based on the recommendations made by the Finance Commission of the State.
  • Financing Disaster Management: Review the present arrangements on financing Disaster Management initiatives and make appropriate recommendations.
  • Report: Make its report available by 31st October 2025 covering a period of five years commencing on the 1st day of April 2026.

News Source: PIB

Context: The United Nations Office on Drugs and Crime (UNODC) and the UN Women recently released a report Gender Related Killings Of Women And Girls (Femicide/Feminicide).

Gender Related Killings Of Women And Girls – Key Findings From the Report

  • Surge in Female Homicide: Globally, nearly 89,000 women and girls were killed intentionally in 2022, marking the highest annual figure in the past two decades.

What is femicide?

  • It can be defined as intentional killings committed on the grounds of gender related factors. 
  • Ideology: These can include the ideology of men’s entitlement and privilege over women, social norms regarding masculinity, and the need to assert male control or power, enforce gender roles, or prevent, discourage or punish what is considered to be unacceptable female behavior. 
  • Outcome: Femicide represents the lethal endpoint of a continuum of multiple, overlapping and interconnected forms of gender based violence. 
  • For example: Such homicides usually follow prior experiences of physical, sexual or emotional abuse.

About the United Nations Office on Drugs and Crime (UNODC):

  • Mandate: UNODC is mandated to assist Member States in their struggle against illicit drugs, crime, and terrorism.
  • Despite an overall decline in global homicide numbers in 2022 following a spike in 2021, the incidence of female homicides shows no signs of reduction.
  • Homicide refers to the killing of one human being by another.
  • Violence Perpetrator: Female homicides perpetrated by current or former intimate partners account for an average of 63% of all female intimate partner/family-related killings.
    • In 2022, approximately 48,800 women and girls globally were killed by their intimate partners or other family members.
  • Gender dimension of homicide: Women and girls are disproportionately affected by homicidal violence in the home. 
    • They represent approximately 53% of all victims of killings in the home and 66% of all victims of intimate partner killings. 

Gender based Abuse

  • Regional differences: In Africa, women and girls are at greatest risk of being killed by their intimate partners or other family members. 
    • In 2022, the female intimate partner/family-related homicide rate in Africa was estimated at 2.8 per 100,000 female population, compared with 1.5 in the Americas, 1.1 in Oceania, 0.8 in Asia and 0.6 in Europe. 
  • Status in India: In India, fatalities linked to dowry disputes, allegations of witchcraft, and other gender-related factors have exhibited a gradual decrease over the past decade.

National Crime Records Bureau (NCRB) Report 2021: 

  • Status of gender related crime in India: Rise in crime rate: The rate of crime against women (the number of incidents per 1 lakh population) increased from 56.5 percent in 2020 to 64.5 percent in 2021.

NCRB 2021

About National Crime Records Bureau (NCRB):  

  • It was established in 1986 as a repository of information on crime and criminals based on the recommendations of the Tandon Committee under the Ministry of Home Affairs (1985).
  • Gender Based Violence: The majority of cases (31.8%) are classified under “Cruelty by husband or his relatives,” followed by “Assault on women with intent to outrage her modesty” (20.8%), kidnapping and abduction (17.6%), and rape (7.4%).Cases registered: Uttar Pradesh (UP) registered the highest number of cases (56,083) in 2021 although the rate is comparatively lower at 50.5%.

Crime rate against women

  • State with highest crime rate: In 2021, Assam recorded the highest rate of crime against women at 168.3% although there was a slight decrease over the past three years. 
    • Other states with high rates include Odisha, Haryana, Telangana, and Rajasthan (See Graph).
  • State with lowest crime rate: Nagaland distinguished itself with the lowest number of registered crimes against women in the past three years—43 in 2019, 39 in 2020, and 54 in 2021. 
    • It also recorded the lowest crime rate against women for 2021, at 5.5%.
  • Status of U.T:  In the category of Union Territories(U.T.), Delhi reported the highest crime rate against women in 2021 at 147.6%. 
    • Delhi also recorded the highest number of actual cases in the past three years increasing from 13,395 in 2019 to 14,277 in 2021.

Data for crime against women in 19 cities with a population of over 2 million

  • Crime rate: Among these cities, Jaipur had the highest crime rate at over 194%, followed by Delhi, Indore, and Lucknow. 
    • On the contrary, Chennai and Coimbatore, both in Tamil Nadu, exhibited the lowest rates.
    • In actual numbers, in 2021, Delhi led with 13,982 cases, followed by Mumbai, Bengaluru, and Hyderabad. 
  • Rape cases: In 2021, Rajasthan recorded the highest rape rate at 16.4% and topped the list in actual numbers with 6,337 registered cases. 
    • Following closely were UP, Madhya Pradesh, and Maharashtra.
    • Rajasthan also reported the highest number of minor girls raped in 2021, with 1,453 cases registered.

What are the reasons behind Gender Based Violence in India?

  • Patriarchal Structure of society: Gender based violence against women results from the interplay between discriminating behaviors at the level of the individual, cultural and institutions of societies. 
    • Examples include discriminatory rules, laws, traditions and customs, as well as misogynistic language. 
    • Gender norms legitimize and defend gender inequality and violence against women.
    • Deep rooted patriarchal mindset in the society foster a cultural environment where gender norms reinforce expectations of male dominance and female subordination.
  • Traditional and cultural practices:  These are another cause of violence against women. Ex-Age-old practices like Dowry, Child Marriage, and Caste discrimination.
    • According to the recent statistics available from the NCRB, in India, there were 25 honor killings reported in each of the years 2019 and 2020 and 33 in 2021.
  • Ineffective implementation of laws: Despite existing laws aimed at preventing sexual harassment, their effectiveness in protecting women remains limited. 
    • Despite the prohibition of the dowry Act, in 2021 alone, 6,589 dowry-related deaths were recorded.

Gender Based Violence in India

  • Lack of awareness:  Unawareness about rights, laws, and regulatory mechanisms within the legal system contributes to increased crimes.
    •  If individuals were well-informed about legal matters, such crimes could be mitigated. 
    • For instance, an informed victim could use legal knowledge to approach competent authorities, ensuring that justice is pursued and the perpetrator is held accountable.
  • Substance abuse: This  has emerged as a significant factor contributing to crimes against women such as drug addiction and Alcoholism.
    • As per NCRB, in India, domestic violence has been implicated in one-third of suicides among women, and alcohol consumption by the husband has been shown to be strongly associated with the perpetration of violence against the wife. 
  • Women’s Economic dependence: The economic dependence fosters a perception of superiority among men, leading to the vulnerability of women, who are then subjected to various crimes.
    • As per the latest available Annual PLFS Reports, the estimated Labour Force Participation Rate (LFPR) on usual status for women of age 15 years and above in the country was only 32.8% during 2021-22. Also Read: Women Safety in India: Unveiling the Alarming Reality

Suggestions From The Report/ Preventing Gender Related Killings Of Women And Girls:

  • Enhancing national data collection systems:
    • In the current global context, it is imperative to strengthen data systems for assessing the impact of conflicts, environmental crises, and humanitarian emergencies on gender based violence as a whole, with specific attention to gender related killings of women and girls. 
      • especially, those in public life—politicians, women human rights defenders, and journalists. 
  • Primary Prevention Initiatives: These multifaceted efforts should aim to establish an evidence-based, comprehensive response to prevent and eliminate gender related killings of women and girls effectively.
    • This should be coupled with enhanced social, health, and criminal justice responses and robust victim support and assistance. 
  • Comprehensive review mechanism: In-depth multistakeholder reviews of gender related killings of women and girls are imperative to improve institutional responses and prevent future killings.
    • Several countries, including Australia, Canada, and the United States, have established multi-sectoral committees that conduct regular in-depth reviews of deaths or homicides related to domestic violence.
Respect Women: Comprehensive framework to address gender based violence: It is a comprehensive framework by the UN to address gender based violence against women and girls, Respect Women. It entails the adoption of more than one of the seven strategies, which should not be regarded as silos.

  • Relationship skills strengthened
  • Empowerment of women
  • Services ensured
  • Poverty reduced
  • Environments made safe
  • Child and adolescent abuse prevented
  • Transformed attitudes, beliefs and norms
  • Addressing gaps in the response system: As recommended by the UN Special Rapporteur on Violence Against Women,  the femicide watch panels or observatories on violence against women should analyze all cases of femicide, including court cases systematically.
    • This will determine gaps in the response system to such violence, and establish risk factors to prevent such violence.
  • Strengthening civil society and women’s rights organizations: They play a vital role in preventing gender based violence by advocating normative and policy changes, providing psycho-social support services, and holding governments accountable. 
    • Ex-The UN’s Spotlight Initiative, funded by the European Commission actively involves civil society, particularly grassroots women’s organizations, in program development, implementation, and monitoring. Also Read: A Safe Workplace for Women
Statutory Provisions related to women in India:

  • Dowry Prohibition Act (1961)
  • Indecent Representation of Women (Prohibition) Act (1986)
  • Protection of Women from Domestic Violence Act (2005)
  • Prohibition of Child Marriage Act(2006) 
  • Sexual Harassment of Women at Workplace (Prevention Prohibition and 5 Redressal) Act (2013)

Government Initiatives to check violence Against Women:

  • One Stop Centre and Universalization of Women Helplines
  • Swadhar Greh Scheme
  • Ujjawala Scheme
  • Working Women Hostel
  • Mahila Shakti Kendra (MSK)
  • Nirbhaya Fund

Way forward:

    • Addressing Patriarchy in Institutions: The police, lawyer and other judicial officers need to be sensitised regarding gender equality norms in order to address the deeply entrenched patriarchy and create a gender neutral society. 
    • Gender Based Legislation: The gender based laws should contain measures to provide women with legal rights to property, land, inheritance, employment and income. This will allow a woman to walk out of an abusive relationship.
      • The Standing Committee on the Empowerment of Women submitted its report, on August 10, 2023, and noted that there is an urgent need to review the National Commission for Women Act, 1990 to make the NCW more independent, and effective.  
      • It recommended empowering the NCW with a certain degree of accountability over the police to implement their directions and penalties for non-compliance.
  • Political and Economic Empowerment of Women: Empowering women involves reclaiming spaces to enhance their visibility by fostering political and economic participation and expanding their involvement in non-traditional sectors.
  • Justice Verma’s Committee (2012) Recommendation: The three-member committee constituted to recommend amendments to the Criminal Law so as to provide for quicker trial and enhanced punishment for criminals accused of committing sexual assault against women.
    • A Rape Crisis Cell should be set up.  The Cell should be immediately notified when an FIR in relation to sexual assault is made. The Cell must provide legal assistance to the victim. 
    • All police stations should have CCTVs at the entrance and in the questioning room. 
    • Police officers should be duty-bound to assist victims of sexual offenses irrespective of the crime’s jurisdiction. 
    • Members of the public who help the victims should not be treated as wrongdoers. 
    • The police should be trained to deal with sexual offenses appropriately.
    • The number of police personnel should be increased.  Community policing should be developed by providing training to volunteers.

Conclusion

Addressing the alarming surge in gender related killings of women and girls demands a multifaceted approach, combining legal reforms, societal awareness, and comprehensive support systems, with an urgent need for global collaboration to dismantle the deeply rooted structures perpetuating such violence.

Mains Question:  We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace. (150 words, 10 Marks)

 

Context: In 2022, global patent filling reached new heights, driven by the innovators from India and China propelled by high levels of innovation, entrepreneurship, and digitalization. Indian patent filings grew by 31.6 per cent in 2022, said WIPO in its annual World Intellectual Property Indicators (WIPI) report.

What is the status of Indian patent filings according to the WIPI report?

  • Patent Filings by Indian Applicants: According to WIPO’s (World Intellectual Property Organisation) annual World Intellectual Property Indicators (WIPI) report Patent filing grew by 31.6% in 2022.

 World Intellectual Property Indicators (WIPI) report

  • Resident Patent Filings: It rose by 47% in 2022 in India with half of the total filings of 77,068 filed with the Indian Patent Office.
    • For the first time ever, there were more patents filed by Indian residents as against foreign filers, reflecting India’s fast-growing innovation ecosystem.
  • Overview of Asia: It accounted for 67.9%, 67.8%, and 70.3% of global patent, trademarks, and industrial designs filing activity in 2022. The largest rise in filings was reported from India. 
  • India in Priority Watch List: The “Special 301” Report by USTR is an annual review of the global state of IP protection and enforcement. The USTR report 2023 placed India on its Priority Watch List along with Argentina, Chile, China, Indonesia, Russia, and Venezuela. 

What is the Indian Patent Regime?

  • Patent: It constitutes an exclusive set of rights granted for an invention, whether it be a product or process that introduces a novel approach to accomplishing a task or presents an innovative technical resolution to a challenge.

Plant Breeders Right

  • Indian Patent Act of 1970: This act governs Indian patents. Under the Indian Patent act, patents are granted if the invention fulfills the following criteria:
    • It should be novel.
    • It should have inventive step/s or it must be non-obvious.
    •  It should be capable of Industrial application.
    • It should not attract the provisions of sections 3 and 4 of the Indian Patent Act 1970.
  • Trade-Related Aspects of Intellectual Property Rights (TRIPS): India joined the TRIPS Agreement upon becoming a member of the World Trade Organization (WTO) in 1995.
  • Intellectual property can include 
    • Entrepreneurial ideas. Creations and inventions in Science, Technology, Engineering and Maths (STEM) fields. 
    • Artistic and literary works. 
Some of the Salient Features of the Indian Patent Act of 1970

  • Both product and process patents provided.
  • The term of the patent is generally 20 years.
  • Both pre-grant and post-grant opposition are allowed.
  • IPR-Related Conventions: India is also a signatory to several IPR related conventions, including the Berne Convention, Budapest Treaty, Paris Convention for the Protection of Industrial Property, and Patent Cooperation Treaty (PCT), all of which govern various patent-related matters.

 

Chinese Patent Experience

  • High Numbers of Patent Filing: According to the WIPO 2023 report, China’s global share of patents has almost doubled, from 24.4% in 2011 to 46.6% in 2021. 
  • Quantity over Quality: China’s emphasis on innovation resulted in a surge of patents, but a significant portion of them lacked substantial innovation and are often referred to as ‘junk patents.’
  • Failure of Incentive Structure: In 2020, China’s National Audit Office revealed that only 8.4% of academic patents were commercially utilized, a notable contrast to the 40-50% rate observed in the United States.
    • This is because the state’s policies are focused on direct financial perks, such as subsidies, tax benefits, and social advantages, all tied to patent registration. 

Why is there a high rate of patent filings in India?

  • Government Support: The Indian government provides various forms of support viz. patent awareness programs, patent fee discounts, etc. to encourage and facilitate patent filing in the country. 
    • For instance, 22 new TISC (Technology and Innovation Support Centres) have been announced to offer support to individual patent filers, SMEs, and start-ups.
    • The number of IP facilitators (IP MITRAs) has increased from 465 to 2000 under the Scheme for facilitating start-ups Intellectual Property Protection (SIPP). 
  • India’s Adoption of Emerging Technologies: The surge in the number of patent filings underscores India’s standing on the global innovation landscape and its leadership in emerging technologies such as Artificial Intelligence (AI). 
    • For instance, from the patents filed between FY2010 and FY2022, a substantial 2,66,000 belong to the technology domain and within this patent category, around 160,000 pertain to cutting-edge areas like AI, Internet of Things (IoT), Big Data, Cybersecurity, and Blockchain.
  • Efficient Reporting on Patents: India’s move towards IP-driven development will assume more importance in the run-up to 2047 as the country has started releasing the First Examination Reports (FERs) of patents in 4.8 months compared to the time of 6 months taken by many developed nations.
  • Startup Culture: Startups, often focused on innovation and disruptive technologies, actively seek to protect their intellectual property through patents.
    • Further, startups are being provided an 80% fee rebate and fast-tracked examination on filing patent applications and a 50% fee rebate in filing a trademark applications

What challenges are associated with patent filing in India?

  • Quantity vs Quality: The prevalence of low-quality patents perpetuates a cycle under which patentees are incentivized to continue filing low-quality patents. This trend, is termed the “patent paradox” by Gideon Parchomovsky.Quantity vs Quality
  • Patent paradox suggests that firms engage in high- volume, low-quality patenting strategies to maximize potential benefits  from the patent system. 
  • It’s critical for India to ensure that this does not happen in the country.
  • Lack of Efficiency in Granting Patent: India’s lacks the ability to grant patents efficiently. For instance, in 2016-17, India recorded 45,444 patent applications with only 9,847 grants. In 2022-23, although the numbers increased to 82,805 and 34,153 respectively, lack of efficiency reamined a significant challenge. 
  • Decline in Venture Capital (VC) Funding: Persistent uncertainty remains a burden on the worldwide innovation ecosystem, leading to a decline in VC funding across various regions.
    • For instance, as per a Global Data report, India experienced a 34.6% reduction in VC funding deals compared to 2022, with a total of 920 deals announced from January to October 2023.
  • IP protection and Enforcement: In the 2022 report by the U.S. Trade Representative (USTR), India emerged as one of the major economies presenting substantial IP protection and enforcement challenges.
    • Issues Raised in the Report: Concerns about what can be patented, waiting times for obtaining patents, reporting requirements, and data safety. 
  • Gender Disparity: The most concrete measure of the gender gap in intellectual property is assessing women’s engagement in patenting, including their submission of patent applications through the Patent Cooperation Treaty (PCT).
    • For example, in India, the share of female inventors who file patent applications between 2019-2021 was 10.2%
    • As of 2023, women globally account for 16.2% of all inventors, with men making up the remaining 83.8%. 

Government Activities Under the National  Intellectual Property Right Policy

  • Modernisation & Digitisation of IP offices: Improvement in functioning and performance of IP Offices as well as streamlining workflow processes.
  • Reduction in filing Fees: For Start-ups, MSMEs, and educational Institutes to encourage Patent filling.
  • Expedited Examination: For certain category of applicants, such as Start-ups, small entities, women inventors for expeditious grant of Patents
  • National Intellectual Property (IP) Awards: Conferred every year to recognize and reward the top achievers for their IP creations and commercialization.
  • Patent Facilitation Programme: It has been revamped to scout patentable inventions and provide full financial, technical and legal support in filing and obtaining patents.

 

Way Forward: 

  • Lessons from Chinese Patent Approach: The patent office understaffed and underfunded to deal with applications, a problem the government has now fixed. However, as the country progresses in its ability to grant patents efficiently, the focus should now shift towards ensuring that each patent granted represents a genuine and significant innovation.
  • Analysis of Patent Quality: India should carry out a post-facto analysis of patent quality, possibly under the aegis of the Office of Principal Scientific Adviser
    • It could assess a patent’s value by the volume of subsequent citations it receives, as a patent tends to accrue more citations if it pioneers a successful technological pathway.
  • Saying No to Incentive Structure: Ensure that India does not put an incentive structure in place, especially for educational institutions, that attracts low-quality patents. 
  • Raising Awareness: To further boost domestic patent filings, partnerships among various stakeholders would be crucial in creating and raising awareness about intellectual property. 
    • For instance, National IP awareness mission (NIPAM) aims to provide awareness on intellectual property and its rights to 1 million students.
  • Central Coordination Body on IP Enforcement: According to the Parliamentary Standing Committee on Commerce’s 161st report on ‘Review of the Intellectual Property Rights Regime in India‘, a central coordination body on ip enforcement can be established for undertaking coordinative efforts in the enforcement and adjudication of IP laws to check IP crimes in the country.
  • Introduce Regulation to Protect Artificial Intelligence (AI): It was noted that neither the Indian Patents Act, 1970 nor the Copyright Act, 1957 are well equipped to facilitate inventorship, authorship, and ownership by Artificial Intelligence
    • A separate category of rights for AI and AI-related inventions and solutions should be created for their protection as IPRs.

Conclusion

In conclusion, the surge in Indian patent filings signifies a robust culture of innovation fueled by government support, emerging technologies, and a dynamic startup ecosystem. 

Prelims Question (2019)

Consider the following statements:

1. According to the Indian Patents Act, a biological process to create a seed can be patented in India.

2. In India, there is no Intellectual Property Appellate Board.

3. Plant varieties are not eligible in the patented in India.

Which of the statements given above is/are correct?

(a) 1 and 3 only

(b) 2 and 3 only

(c) 3 only

(d) 1, 2 and 3

Ans: (c)

 

Mains Question (2014): In a globalized world, Intellectual Property Rights assume significance and are a source of litigation. Broadly distinguish between the terms—Copyrights, Patents and Trade Secrets. 

 

 


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