Context: Union Cabinet gives ex-post facto approval to the Ministry of External Affairs proposal to sign and ratify the Migration and Mobility Agreement between India and Italy.

About Migration and Mobility Agreement Between India and Italy

• India-Italy Migration and Mobility Agreement was signed by India’s  External Affairs Minister and Italy’s  Minister of Foreign Affairs and International Cooperation in November 2023.
• The Agreement  will remain into force for a period of 5 years unless terminated by any Participant, the Agreement will be automatically renewed for a similar successive period.
• Objective: It is to promote people-to-people connections, foster mobility amongst  students, skilled workers, business people and young professionals and to strengthen cooperation on issues related to irregular migration between the two sides.

Key Provisions of the India-Italy Migration and Mobility Agreement

• Visa quota to India: To lock-in the current Italian visa regime which includes mechanisms for post study opportunities, internships, professional trainings under the existing labour mobility pathways as per the Flows Decree.
  • Flows Decree: It offers incremental re­served quotas for both seasonal and non-seasonal workers.
  • Non seasonal Indian workers: the Italian side has reserved a quota of 5000, 6000 and 7000 in  2023, 2024 and 2025 respectively under the current  Flows Decree (earlier Total reserved quota was 12000).
  • Seasonal  Indian workers: A quota of 3000, 4000 and 5000 for 2023, 2024 and 2025 respectively has been reserved  (earlier Total reserved quota was 8000).
• Joint working group:
  • A JWG is being formalised to discuss steps on further mobility pathways between India and Italy through agreements on Youth Mobility and Facilitation of Recruitment of Indian qualified  professionals in the healthcare and medical services sectors.
  • It will act as a monitoring mechanism by  sharing relevant information, evaluating  implementation of Agreement. The JWG will  meet periodically to oversee implementation of the agreement.
• Temporary residence for skill training: Additional 12 month stay after the completion of academic pursuits for professional training is granted to Indian students.

India-Italy Bilateral Relations

• Historical ties:  Considered ancient civilisations with links going back 2,000 years.  India and Italy were linked through the Spice Route having important  port cities on it.
• Economic Ties:  Italy is India’s 4th largest trading partner in the EU with a bilateral trade of USD 13.229 billion in 2021-22.
  • Over 600 large Italian companies are active in India, covering varied sectors with famous  Italian brands such as Fiat, Ferrero Roche, KinderJoy, Tic Tac etc.
  • A startup bridge between Indian and Italian startup companies was also established.
• Strategic Ties: 
  • Elevation of the bilateral relationship to the level of Strategic Partnership in 2022 when Italian PM visited India 
  • Italian PM was the Chief Guest and Keynote Speaker at the Raisina Dialogue 2023.
  • Cooperation on the India-Middle East-Europe economic corridor.
  • Italy’s pulling  out of China’s Belt and Road Initiative.

News source: PIB

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Context: Ministry of Home Affairs declares Muslim League Jammu Kashmir (Masarat Alam faction)’/MLJK-MA  declared as  ‘Unlawful Association’ under the Unlawful Activities (Prevention) Act (UAPA) 1967.

MHA Declares ‘Muslim League Jammu Kashmir (MLJK-MA) as ‘Unlawful Association’

• MLJK-MA is declared an unlawful association under provisions of  Section 3(1) of the Unlawful Activities (Prevention) Act (UAPA) 1967 for 5 years.
• Charges:  Involvement of the organisation and its members in anti-national and secessionist activities in J&K supporting terrorist activities and inciting people to establish Islamic rule in J&K

Unlawful Activities (Prevention) Act 1967

• The UAPA  is an anti terrorism law first passed in 1967, aimed at protecting the sovereignty and integrity of nation by preventing activities that pose a threat to it. 
• Objective: It provides for more effective prevention of certain unlawful activities of individuals and associations and for dealing with terrorist activities and other connected matters.
• Designation as a  terrorist organisation: 
  • Commits or participates in acts of terrorism,
  • Promotes terrorism
  • Prepares for terrorism
  • Is otherwise involved in terrorism.
  • The Bill also empowers the government to designate individuals as terrorists on the same grounds. 
• Punishments: Highest punishment is death penalty and life imprisonment.
• Coverage: Offense and offender can be both Indian and foreign nationals.  The offense committed on foreign land can also attract UAPA provisions.
• Investigation: To be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above.  Officers of the NIA, of the rank of Inspector or above are empowered to investigate cases under UAPA ( National Investigation Agency (NIA) is functioning as the Central Counter-Terrorism Law Enforcement Agency in India)
• Seizure of property: Prior approval of the Director General of Police/ NIA needs to be taken by the investigating officer to seize properties that may be connected with terrorism.

Continue Reading: UAPA: Unlawful Activities (Prevention) Act

News source: PIB

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Context: NPCI has introduced a new feature in UPI Payments – UPI Tap and Pay

• It will aid the objective to achieve offline payments using UPI architecture. 

About UPI Tap and Pay

• It uses NFC to capture the payee’s UPI ID/VPA to make the payments through UPI 
• Once the UPI ID is captured, payment can be made using UPI PIN or UPI Lite. 

What is Near Field Communication (NFC)

• It is a short-range wireless connectivity technology that allows devices in proximity to communicate with each other. 
• Uses: It allows quick exchange of information with a single touch, to pay, exchange information like contact cards and share documents. 
• Technology: It uses electromagnetic radio fields, to enable communication. 
• Hardware Based: This technology requires a chip in both the devices to enable NFC communication. 

What is Unified Payments Interface (UPI)?

• It is a payment system that was launched by National Payments Corporation of India(NPCI) in 2016. 
• It allows round the clock money transfer between two bank accounts without knowing the account details. 
• It requires all the customers to register with NPCI through a virtual payment address called UPI ID. 
• This has increased the digitalisation of payments and allows the customer to pay directly to the bank account of the merchant, without going through a wallet. 

To read more on UPI (Unified Payment Interface)

Source: NPCI

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Context: Japan’s Smart Lander for Investigating Moon (SLIM) spacecraft, whose success or failure will affect the upcoming Chandrayaan-4 Mission. 

• Japan’s Moon Landing Mission SLIM will mark the second Japanese attempt this year to soft-land on the moon: 
  • A Japanese HAKUTO-R M1 lander crashed in late April 2023 after its engines shut down too soon during the landing.

SLIM: Japan’s Moon Landing Mission

• SLIM is a small-scale exploration lander designed for pinpoint landings on the Moon’s surface.
• It will test the effectiveness of reduction in the size and weight of equipment used in Moon landings, and investigation into the Moon’s origins Weighed 590 kg at launch.
• It has been built and launched by the Japan Aerospace Exploration Agency (JAXA) on September 7, 2023
• SLIM was launched together with XRISM, a next-generation X-ray space telescope, onboard an H-2A rocket.

How the Japan’s Moon Landing Mission will impact the Chandrayaan-4: 

• The findings of the Japan’s Moon Landing Mission “SLIM”, will help guide the trajectory and technology behind the Chandrayaan-4. 
• If the low-weight mission proves successful, India can adopt these technologies through partnership with JAXA. 

Chandrayaan-4: 

• Objective: The Chandrayaan-4 spacecraft will travel to the moon, land, collect samples, and then connect to another module in space. The module will then return to Earth orbit. 
  • As the two modules approach Earth, they will separate, with one part returning to Earth and the other will keep orbiting the planet.
• Chandrayaan-4 plans to land a much heavier 350 kg rover on the moon. 
  • In comparison, the Chandrayaan-3 rover weighed only 30kg.
• The mission aims to perform a challenging landing on the moon’s rim, an unexplored region. 
  • The rover will also explore a larger area, measuring 1000m x 1000m, compared to Chandrayaan-3’s 500m x 500m.
• LUPEX will be an Indian-Japan joint enterprise (however, while JAXA has approved LUPEX, India is yet to) with the earliest launch date in 2026. 
  • The Lunar Polar Exploration Mission (LUPEX) is a joint mission of the Indian and Japanese space agencies to explore the moon’s Polar region.
  • The technologies JAXA will test with SLIM, like a feature-matching algorithm and navigation systems, will be crucial for this aspect of LUPEX.
  • It will explore an area closer to the moon’s south pole than Chandrayaan 3 did

Continue Reading: ISRO To Launch Chandrayaan 4 Mission 

Source: The Hindu

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Context: A research paper published in Scientific Reports Journal, has provided important information on Huntington disease, using fruit flies. 

More on News: 

Fly Models of Huntington Disease

• Methodology: Researchers genetically engineered fruit flies (Drosophila melanogaster) to express the polyglutamine tract of a mutated human HTT gene (which causes the disease) in the nervous system of fruit flies. 
• Solution: Through overexpression of a specific gene called Yod1, the signs of neurodegeneration by the disease were ameliorated.  
• Usefulness: Model systems such as fruit flies and yeasts offer scientists unparalleled versatility to investigate the molecular mechanisms triggered by disease genes in humans. 

What is Huntington Disease?

• About: Huntington disease is a neurological genetic disorder which damages nerve cells in the brain causing them to stop working properly. It’s passed on from a person’s parents. 
• Genetic Mutation: The reason for the disease is that they carry a mutated version of a gene called HTT. The HTT gene provides a blueprint for a protein called huntingtin, or Htt.
  • Htt protein: Nerve cells in the human body require the Htt protein for their normal functioning and survival. 
  • The mutated gene encodes an abnormal Htt protein that instead destroys the neurons that regulate movement, thinking, and memory.
• Mechanism of Mutation: The normal HTT gene contains a stretch of DNA that specifies the number of times the amino acid glutamine is repeated in the Htt protein about 11 to 31 times. 
  • The mutant version contains 35 or more repeats up to 150 repeats. 
  • As the number of repetitions increase, the severity of Huntington disease increases and its debilitation begins at an earlier age.

• Glutamines: Their fragments are toxic because they interfere adversely with several cellular processes. 
  • Glutamine is an important amino acid and is used for removing excess ammonia. 
  • Challenge: We neither know why some of these genes are expanded nor how exactly the short fragments cause neuronal degeneration.
• Dominant Gene: Of the two copies of the HTT gene, one from the father and one from the mother, The disease is triggered even if only one copy of the gene is mutated. 
• Symptoms: Mood swings, difficulty in reasoning, abnormal and uncontrollable jerky movements, and difficulty in speaking, swallowing, and walking.
  • Symptoms begin in the ages 30-50, and the patient eventually dies. 

Must Read: Parliamentary Committee Report On Mental Health Care

Source: The Hindu

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Context: Ration card portability has recorded an upward trajectory with over 28 crore transactions recorded.

About Ration Card Portability

• One Nation One Ration Card facility was started as inter-State portability of ration cards in 4 States w.e.f. August 2019. As of 2023, all 35 states/UTs have implemented the scheme.
• More than 125 crore portability transactions have been recorded under the ONORC  in the country delivering more than 241 lakh tonnes foodgrains since its inception.
• Statistics: 20.06 crore ration cards covering 80 crore beneficiaries have been digitized. 99.8 per cent of ration shops are automated with electronic point of sale devices (e-pos) and Aadhaar seeding of more than 98.8 per cent of ration card has been executed, as of December 2023.

What Is One Nation One Ration Card Scheme?

• About: It facilitates nationwide portability of ration cards under National Food Security Act (NFSA).
• Objective:  To empower poor beneficiaries especially migrants, to avail subsidised ration across country.
• Nodal agency:  Department of Food And Public Distribution, Ministry Of Consumer Affairs
• Process: Nationwide portability of ration cards is enabled  through,
  • The implementation of IT-driven system by installation of ePoS devices at Fair Price Shops.
  • Seeding of Aadhaar number of beneficiaries with their ration cards 
  • Operationalization of biometrically authenticated ePoS transactions in the State/UTs.

Features of One Nation One Ration Card Scheme

• All  beneficiaries, especially migrants can claim either full or part foodgrains from any Fair Price Shop (FPS) in the country through an existing ration card with biometric/Aadhaar authentication.
• Family members of the beneficiary can now  claim the balance of foodgrains on the same ration card. 
• The beneficiaries now have the option  to choose their own dealer. If the beneficiary suspects foul play in allocation, they  can now  switch to another FPS shop instantly.
• Aadhaar authentication can be done by using just their finger prints or iris based identification. No need to bring ration card or aadhar card always.

Continue Reading: One Nation One Ration Card Scheme (ONORCS)

News source: The Economic Times

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Context: According to the Reserve Bank of India’s (RBI’s) report titled ‘Trend and Progress of Banking in India’, The Asset Quality of banks have improved to the highest in a decade.

RBI Report on Asset quality of Indian banks

• Gross Non-Performing Assets (GNPA): The GNPA ratio of Indian scheduled commercial banks (SCBs) went on improving, dropping to a fresh decadal low.  
  • The GNPA ratio of SCBs fell to a decadal low of 3.9% at end-March 2023 and further to 3.2% at end-September 2023.
  • About 45% of reduction in GNPAs of SCBs was contributed by recoveries and upgradations.
• The consolidated balance sheet of scheduled commercial banks (SCBs) in 2022-23 expanded by 12.2 per cent
  • It was driven by credit to the retail and services sectors. 
  • The deposit growth also picked up, although it trailed credit growth.
• The capital to risk weighted assets ratio (CRAR) of SCBs was 16.8 per cent at end-September 2023, with all bank groups meeting the regulatory minimum requirement and the common equity tier 1 (CET1) ratio requirement.
• Higher net interest income and lower provisioning boosted net interest margin (NIM) and profitability in 2022-23.
• Urban Co-operative Banks(UCBs): The combined balance sheet of UCBs expanded by 2.3 per cent in 2022-23, driven by loans and advances. 
  • Their capital buffers and profitability improved through 2022-23 and Q1:2023-24.
• Non-Banking Financial Companies (NBFCs): The consolidated balance sheet of NBFCs expanded by 14.8 per cent in 2022-23, 
  • It was led by double digit credit growth. 
  • Profitability and asset quality of the sector also improved in 2022-23. 
  • The sector remained well-capitalised with CRAR higher than the regulatory requirement.

Way Forward

• Banks must guard against credit losses 
  • Higher capital buffers and provision coverage ratio (PCR) can provide cushions. 
• In addition to regulatory capital and liquidity requirements, qualitative metrics such as enhanced disclosures, strong code of conduct and clear governance structures would contribute towards financial stability.
• Given the increasing interconnectedness between banks and NBFCs, NBFCs should focus on broadbasing their funding sources and reduce overdependence on bank funding. 
• Banks and nonbanks both need to bring in greater empathy in their customer services.
• The banks and NBFCs must further strengthen their balance sheets through robust governance and risk management practices to meet the growing aspirations of the Indian economy.
• Special attention of all stakeholders to protect the banking system and the payments system from the risks of fraud and data breaches emanating from cyber threats is needed.

Also Read: RBI Announces Establishing Cloud Computing For Financial Institutions

News Source: TH

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Context: The ionospheric density at Bharati station in Antarctica showed variations despite the continuous sunlight in summer and prolonged darkness in winter, as observed over a decade.

Decade-long data from Bharati station released

• A team of scientists from the Indian Institute of Geomagnetism (IIG), have examined the long-term seasonal ionospheric observations at Indian Antarctica station Bharati between 2010 and 2022 and also with solar activity following Sun’s 11-year cycle.
  • The study was published in the Journal of Polar Science.

Need for Such Studies

• This kind of long-term studies will help us understand the effects of the ionosphere on satellite-based navigation and communication systems and to mitigate them.

Key Findings of the Study 

• Substantial seasonal variation with maximum Total Electron Count (TEC) in equinoctial months followed by the summer and winter have been found.
  • Total Electron Count (TEC): The total number of electrons present along a path between a radio transmitter and receiver.
  • Equinoctial months: The time when the sun crosses the plane of the Earth’s equator, making night and day of approximately equal length all over the Earth.
• Density in Winter: It was observed that though there was no sunlight incidence throughout the day in winter months (polar nights) at Bharati station, a diurnal pattern was observed with peak ionospheric density near local noon.
  • The scientists attributed the peak ionization to particle precipitation and transportation of convectional plasma from high latitudes. 
• Density in Summer: The maximum ionospheric density in the summer months where 24 hours sunlight is present (polar days), was about twice more than that of polar nights at the Bharati region.

About The Ionosphere

• Structure: This layer is located between 80 km and 400 km.
  • It is not a distinct layer, Instead, the ionosphere overlaps the mesosphere, thermosphere, and exosphere where high-energy radiation from the Sun has knocked electrons loose from their parent atoms and molecules.
  • It is divided into three regions or layers: the F-Layer, E-Layer, and D-Layer.
• Ions: The electrically charged atoms and molecules that are formed in this way are called ions, giving the ionosphere its name and endowing this region with some special properties.
• Ionization of Atoms: This layer is characterized by ionization of atoms. It’s a very active part of the atmosphere, and it grows and shrinks depending on the energy it absorbs from the sun.
  • It is an electrically conducting region responsible for reflecting radio signals back to Earth.
• Temperature:  An increase in Temperature can be witnessed with an increase in height because of radiation from the sun.
• The aurora, or Northern Lights and Southern Lights, occur in the parts of the thermosphere that correspond to layers of the ionosphere.
• Radio waves transmitted from the earth are reflected back to the earth by this layer

Must Read: Antarctica Ice Shelves: 40% Volume Loss In 25 Years

News Source: PIB

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Context: Recently, the Railway Minister inspected the first Amrit Bharat train, scheduled to be launched on December 30 by the Prime Minister in Ayodhya.

About Amrit Bharat Train

• Amrit Bharat Train: Originally known as Vande Sadharan during the design stage, the Amrit Bharat Train is designed to be a train for the common man, combining features from the Vande Bharat Express.
• Manufacture: At the Integral Coach Factory (ICF) in Chennai. 
• Production: 20 to 30 trains of the Amrit Bharat train model will be produced monthly, following a similar strategy to the Vande Bharat trains. 

Features of Amrit Bharat Train

• It has a high speed potential of 130 kmph with aerodynamically designed locomotives.
• Special attention has been given to designing water-saving toilets. 
• Modified engines for the comfort of loco pilots. 
• It is a non-air-conditioned train, thus the space between the two coaches is fully covered to minimize air pressure. Later, the trains will offer general class configurations extending up to AC-II.
• The general coaches also have cushions for passenger comfort. 
• A specially-designed ramp allows easy wheelchair access.
• Other amenities include charging points and spaces for water bottles.
• Comprising 22 coaches, including 8 general second-class coaches for unreserved passengers, 12 second-class 3-tier sleeper coaches, and two guard compartments.

Technologies Associated with Amrit Bharat Train

• Push-Pull Technology: This technology involves two engines, one at the front and the other at the end of the train. It is equipped with a WAP5 locomotive at each end.
  • While the front engine pulls the train, the rear engine pushes it forward, resulting in improved acceleration and deceleration. 
  • Push–pull is a configuration for locomotive-hauled trains, allowing them to be driven from either end of the train.
• Distributed Power Technology: In this technology, every second or third coach has a motor running on electricity supplied through overhead equipment. Vande Bharat trains are also based on distributed power technology. 
• Semi-Permanent Coupler: This minimizes jerks during the train’s starts and stops, ensuring safer operation. 
  • The new coupler replaces the older technology used in the 1990s, which often caused discomfort to passengers due to jerks.

Continue Reading: Amrit Bharat Express

News Source: ET

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Context: Approximately 72% of rural families now have access to tap water connections, representing a significant advancement towards the Jal Jeevan Mission (JJM).

72% Rural Households Have Tap Water Access Under Jal Jeevan Mission: Data

• States with 100 per cent tap water connection: Nine states and Union Territories have achieved 100 per cent coverage.
  • However, tap water connection coverage in rural households remains below 50 per cent in states like Jharkhand, Rajasthan, and West Bengal.
• ODF Plus Target: The ministry has committed to making villages Open Defecation Free Plus (ODF Plus) by 2024.
  • An ODF Plus village maintains its Open Defecation-Free status and implements effective solid or liquid waste management systems.
  • According to Parliament data, out of 5.91 lakh villages in the country, 1.23 lakh villages have achieved the model ODF Plus status.

About Jal Jeevan Mission (JJM):

• Aim: It envisions providing safe and adequate drinking water through individual household tap connections by 2024 to all households in rural India. 

Objectives:

• To provide Functional Tap Connection (FHTC) to every rural household.
• To prioritize the provision of FHTCs in quality-affected areas, villages in drought-prone and desert areas, Sansad Adarsh Gram Yojana (SAGY) villages, etc.
• To provide functional tap connection to Schools, Anganwadi centres, GP buildings, Health centres, wellness centres and community buildings
• To monitor the functionality of tap connections.

Key components: 

• Sustainability Measures: It also implements source sustainability measures as mandatory elements, such as recharge and reuse through grey water management, water conservation, and rainwater harvesting. 
• Community Approach: The Jal Jeevan Mission is based on a community approach to water and includes extensive Information, Education and communication as a key mission component. 
• Piped Water Supply Infrastructure: Development of in-village piped water supply infrastructure to provide tap water connection to every rural household
• Technological Interventions:  Removing contaminants where water quality is an issue.

News Source: Economic Times

To Know more about JJM: Refer, Jal Jeevan Mission

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Context: This article is based on the news “Illegal sand mining: 20 arrested, 40 big boats seized in Bihar police operation on Sone river” which was published in the Down To Earth. Recently, the Bihar police arrested 20 sand smugglers and seized 40 sand-laden boats in a major crackdown against illegal sand mining in the state.

Action taken Against illegal sand mining in Son river

• Sand Mafias: Illegal sand mining is carried out by powerful mafias in several districts of Bihar during the monsoon.
• Police Action: The police action occurred on the Sone River in Patna district.
• Counter-Attack: Criminal syndicates have been attacking & killing police officials who have cracked down upon them. 
  • For example, an additional SHO was crushed to death by a tractor-driver carrying illegal sand in Jamui district, Bihar

About Sand and Sand Mining

• Sand: It is considered to be an essential material as it is used for making concrete, building sites, filling roads, making bricks, making glass, sandpapers, etc. 
• Importance of Sand: Sand plays a strategic role in delivering ecosystem services, maintaining biodiversity, supporting economic development, and providing livelihoods within communities. 
• Sand Mining: According to UNEP, sand mining (extraction) is the removal of primary natural sand and sand resources from the natural environment to extract valuable minerals for subsequent processing.

About Illegal Sand Mining

According to the Supreme Court in the judgment given in Common Cause v. Union of India, illegal mining is the operations undertaken by any person in any area without holding a mining lease and any other mining operation conducted in violation of the terms of the mining scheme, the mining plan, and the mining lease as well as the statutes such as the Environment (Protection) Act, 1986, the Forest (Conservation) Act, 1928, the Water (Prevention and Control of Pollution) Act, 197429, and the Air (Prevention and Control of Pollution) Act, 198130 and the Wild Life Protection Act, 1972.

• Regulation of Mining: Mines And Minerals (Development And Regulation) Act, 1957 (MMDR Act) provide for the development and regulation of mines and minerals under the control of the Union.
  • Sand: It is a minor mineral under Section 3(e) of the MMDR Act and control of illegal mining comes under the legislative and administrative purview of the State Governments.
  • Section 15 of the MMDR Act: It empowers the State Governments to make rules for regulating the grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals and for purposes connected therewith. 
  • Section 23C of the MMDR Act: It empowers the State Governments to make rules for preventing illegal mining, transportation and storage of minerals and for the purposes connected therewith. 

Must Read: Mines and Minerals (Development and Regulation) Amendment Bill, 2023

Reasons for Illegal Mining of Sand

• High Demand and Limited Supply: The need for sand has led to the proliferation of sand mining, with the principal driver of this crisis being rapid urbanisation. The legal supply of sand often falls short of meeting this demand, leading to illegal mining activities.
• Unholy Nexus: Corruption within the regulatory bodies and law enforcement agencies can facilitate illegal sand mining. Nexus between illegal miners and officials may lead to overlooking or neglecting illegal activities. 
  • The Goa bench of the Bombay High Court said that neither the Director General of Police (DGP) nor the Chief Secretary were “seriously interested” in preventing illegal sand mining in the state. 
• Poverty and Unemployment: In certain regions, poverty and lack of alternative livelihood opportunities drive people to engage in illegal sand mining as a means of income. 
  • For example, workers dig the banks of the Son to retrieve the “pila sona” (yellow gold) in Bihar for about 400 rupees a day to feed their families. 

Challenges Associated with Illegal Sand Mining

• Violence Associated with Sand Mafias: There are organised sand mafias in India that mine the valuable resources from rivers and coasts. The mafia can eliminate public servants, workers, activists and journalists who have raised their voices against them.  
  • According to South Asia Network on Dams, Rivers and People (SANDRP), at least 261 people have lost their lives, and about 351 persons have faced injuries due to riverbed mining-related violence and accidents in India between April 2022 and February 2023. 
• Impacts on Infrastructure: Excessive sand mining can weaken infrastructure such as bridges and embankments, posing risks to public safety. 
  • For example, the excessive extraction of sand led to the collapse of Mullarapatna Bridge just 30 years after it was built on the Phalguni River blame in Karnataka, according to the Indian Bureau of Mines.
• Environmental Challenges: Illegal sand mining often leads to severe environmental degradation, which can result in the erosion of riverbanks, disruption of ecosystems, and loss of biodiversity. 
• • Slow Replenishment: Every year, billions of tons of sand are extracted from lakes, riverbeds, coastlines, and deltas. However, the process by which sand can be naturally replenished is prolonged, disrupting ecosystems and causing biodiversity loss. 
  • Water Quality Issues: Sedimentation caused by excessive mining can lead to increased turbidity in water, affecting aquatic life and making water sources unsuitable for consumption.
• Threats to Aquatic Life: Illegal sand mining has led to the devastation of rivers like Narmada, Chambal, and Betwa in Madhya Pradesh, Bharathappuzha River in Kerala
  • National Chambal Sanctuary, Rajasthan, Madhya Pradesh and Uttar Pradesh has faced a wide range of illegal sand mining. The sanctuary is listed as an ‘Important Bird and Biodiversity Area’ and is known for its population of critically endangered gharials. 
• Loss of Revenue for the Government:.Governments lose potential revenue when sand is extracted illegally, as these activities often go unregulated and untaxed. 
  • For instance, illegal sand mining costs the state exchequer an estimated annual loss of Rs 7,000 crore in Bihar. 

Government Initiatives to Curb Illegal Sand Mining

• Sustainable Sand Mining Management Guidelines (SSMMG), 2016 : The Ministry of Environment, Forest & Climate Change has issued these guidelines which addresses the issues relating to regulation of sand mining. 
  • The guidelines highlights the identification of the sand mining sources, replenishment of the River Bed Material (Sand, Boulder, Gravel, Cobble, etc.), preparation of Districts Survey Report, and Standard Environmental Conditions suitable for sand mining projects.
• Enforcement and Monitoring Guidelines for Sand Mining 2020: This document is supplemental to the existing SSMMG 2016, introduced with the objective of 
  • Identification and quantification of mineral resource and its optimal utilization. 
  • To regulate the sand & gravel mining in the country from its identification to its final end-use by the consumers and the general public. 
  • Use of IT-enabled services & latest technologies for surveillance of the sand mining at each step etc. 
• Environment Impact Assessment (EIA) Notification 2006: It prescribes mandatory environmental impact clearance for small-scale sand mines.
• Sand Mining Framework: The Ministry of Mines has prepared this framework incorporating best practices amongst States with the objectives of sustainability, availability, affordability and transparency in sand mining. 

Way Forward to prevent Illegal Sand Mining

• Using Alternatives of Sand: According to the UNEP, important ways to reduce the amount of sand extracted include avoiding unnecessary natural sand consumption in construction and using alternatives.
  • Promotion of manufactured sand, artificial sand, fly ash, etc. as alternative technologies in construction materials can substantially reduce demand of sand. 
  • For example, in Singapore, copper slag has been substituted for sand in the production of concrete. 
  • Some countries, including China and the United States, have begun producing “crushed rock” as an alternative.

• Strengthening Regulations: The legal regime presently in place in several States regulates sand as a minor mineral. Sand mining is done on riverbeds and rivers across several States thus, sand mining should not be solely regulated by the State Governments. 
  • Sand should be brought under the category of major minerals and the Centre should regulate all operations relating to sand mining. The Centre should frame guidelines that uniformly apply to sand mining in all the States.
• Implement Digital Technology: Advanced technologies like satellite imagery, drones, GPS  tracking, bar coding, remote sensing etc., can be implemented for stringent monitoring of mining activities in real-time. 
  • For example, an integrated mines and mineral management system portal was developed by the Odisha Government to enable the Department of Steel and Mines officials to regulate mining activities through electronic mode.
• Stringent Enforcement: Ensure enforcement of existing mining regulations to make them more stringent and effective. Increase penalties for illegal sand mining activities to serve as a deterrent. 
  • For example, the Bihar government decided to set up permanent check posts at some sensitive and vulnerable places identified by the mining department to curb illegal sand mining.
• Setting Up Basic Standards: Scientists have called for a global programme to monitor and standardise the industry as a first step to controlling the illegal mining of sand. 
• • Standardising the industry would also mean miners don’t have to become criminals to operate.

Conclusion:

To address the issues of illegal sand mining, strict regulations, technological solutions, and a shift to sustainable alternatives are crucial for safeguarding the environment and communities.

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Context: The President has given her assent to three new criminal law reform bills recently approved by Parliament. 

What are the three new criminal laws?

• The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Act will replace the colonial-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act of 1872.

• These laws aim to overhaul the criminal justice system by providing clear definitions of various offences and punishments.
  • Criminal law and criminal procedure fall under the Concurrent List of the Indian Constitution.
• The bills were first introduced during the Monsoon session of Parliament in August 2024 following which, they were referred to a 31-member Parliamentary Standing Committee.
• After the Standing Committee on Home Affairs made several recommendations, the government withdrew the bills and introduced their redrafted versions in the Lok Sabha on December 12.

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History of the Criminal Justice System in India

• British Rule and Codification: Criminal laws were codified, and this framework largely persists into the present day.
• Lord Thomas Babington Macaulay shaped India’s criminal laws during British rule.
  • He is often regarded as the chief architect of the codification of criminal laws in India.

Committee on Criminal Law Reform

• The Ministry of Home Affairs in India, on May 4, 2020, established a committee to review and recommend reforms to the three majorl codes of criminal law that constitute the foundation of India’s legal system. 
  • Headed by: Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi
  • Mandate of the Committee: To assess and suggest changes to the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act.

Why did the Government introduce three new criminal laws?

• Colonial Legacy: The three proposed bills seek to modernise and streamline the complex and obsolete criminal law. 
  • The changes will reflect the evolving nature of crime, society, and technology, as well as bring the laws closer to the spirit and ethos of India. 
  • Section 124A is a relic of colonial legacy which is unsuited in a democracy as it puts restraint on the legitimate exercise of constitutionally guaranteed freedom of speech and expression.
• Misuse of Sedition Law: Sedition (Section 124A) under Indian Penal Code has been misused to persecute political dissent.
  • As per the data released by the National Crime Records Bureau,  between 2014 and 2016, a total of 179 arrests for sedition have been made under the title ‘offences against the State’ .
• Pendency and Delay: The existing complex procedures of IPC, CrPC, and Indian Evidence Act have contributed to substantial court backlogs and delayed justice delivery.
  • As of December 31, 2022, the total pending cases in district and subordinate courts was pegged at over 4.32 crore.
• Low Conviction Rates: The prevailing legal framework has resulted in a low conviction rate, highlighting the need for reforms to enhance the efficacy of criminal proceedings.
  • According to the NCRB report 2022, on an all-India basis, the total conviction rate for IPC crimes stood at 57%.
• Overcrowded Prisons and Undertrials: The present system has led to overcrowded jails and a significant number of undertrial prisoners awaiting their trials.
  • According to a report on prison statistics for 2019 released by NCRB, there were 4,78,600 inmates lodged in different prisons in India while they  had a capacity to 4,03,700 inmates. 
• Modernisation and Liberalisation of Criminal Justice System: By enabling citizens to file a police complaint at any police station, regardless of the location where the crime occurred, reforms will empower citizens. 
  • It will effectively safeguard citizens’ fundamental rights, including the rights to life, liberty, dignity, privacy, and a fair trial. 
• Retributive to Restorative Justice: The Colonial justice system merely focused on punishing the criminals rather than taking measures to rehabilitate and introducing measures for protection of victims.

About Bharatiya Nyaya Sanhita (BNS)

• Offences against the Body: BNS retains the provisions of the IPC which criminalizes acts such as murder, abetment of suicide, assault and causing grievous hurt.  
  • It adds new offences such as organised crime, terrorism, and murder or grievous hurt by a group on certain grounds.  

• Sexual offences against women:  It increases the threshold for the victim to be classified as a major, in the case of gang rape, from 16 to 18 years of age.  
  • It also criminalises sexual intercourse with a woman by deceitful means or making false promises. 
• Remove Sedition (Rajdroh): The BNS removes the offence of sedition. It instead penalises the following: 
  • • Exciting or attempting to excite secession, armed rebellion, or subversive activities, 
    • Encouraging feelings of separatist activities, or 
    • Endangering the sovereignty or unity and integrity of India.  
  • These offences may involve the exchange of words or signs, electronic communication, or the use of financial means.     

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• Terrorism: Section 113 of the BNS modified the definition of the crime of terrorism to adopt the existing definition under Section 15 of the Unlawful Activities (Prevention) Act, 1967(UAPA).
  • Terrorism includes an act that intends to:
    • • Threaten the unity, integrity, security or economic security of the country, or 
      • Strike terror in the people or any section of people in India.  
    • Punishment for attempting or committing terrorism includes: 
      • Death or life imprisonment, and a fine if it results in the death of a person or 
      • Imprisonment between five years and life, and a fine.
  • Difference of Terrorist Act under BNS from UAPA:  Terrorist acts under the UAPA include the production or smuggling or circulation only of high-quality counterfeit Indian paper currency, coin or any other material within the ambit of terrorism.
    • The BNS widens this definition to cover the same activities with respect to any counterfeit Indian paper currency, coin or of any other material.
  • Offence for training terrorists: The offence of recruiting and training persons to engage in terrorist acts has been introduced, resembling sections 18A and 18B of the UAPA.
• Organised Crime: It includes offences such as kidnapping, extortion, contract killing, land grabbing, financial scams, and cybercrime carried out on behalf of a crime syndicate.  
  • Attempting or committing organised crime will be punishable with: 
    • Death or life imprisonment and a fine of Rs 10 lakh, if it results in death of a person, or
    • Imprisonment between five years and life, and a fine of at least five lakh rupees. 
• Mob Lynching:  It adds murder or grievous hurt by five or more people on specified grounds, as an offence. These grounds include race, caste, sex, language, or personal belief.  
  • The punishment for such murder is life imprisonment or death. 
• Criminalisation of Suicides Impacting Official Discharge of Duties: It criminalizes any attempt of suicide with the intent to compel or restrain any public servant from discharging official duties. 
  • It prescribes a jail term of up to one year along with community service. This provision may be invoked to prevent self-immolations and hunger strikes during protests.
• Fake Speech: The IPC includes Section 153B for addressing the “hate speech” provision. This section criminalizes, causing “disharmony or feelings of enmity or hatred or ill-will” between communities.
  • The BNS introduces a new provision for criminalizing the publication of false and misleading information.
• Rulings of the Supreme Court:  The BNS conforms to some decisions of the Supreme Court. 
  • These include omitting adultery as an offence and adding life imprisonment as one of the penalties (in addition to the death penalty) for murder or attempt to murder by a life convict.
• Unauthorised publication of court proceedings: Section 73 provides punishment of  two-year jail sentence and a fine for printing or publishing ‘any matter’ concerning court proceedings in rape or sexual assault cases without permission.
  • Reports on High Court or Supreme Court judgments would not amount to an offence within this provision.
• Mental illness replaced by unsoundness of mind: It replaces the term ‘mental illness’ with ‘unsoundness of mind’ in a majority of the provisions as the term ‘mental illness’ is too wide and may even include mood swings and voluntary intoxication. . 
  • The term ‘intellectual disability’ has been added along with unsoundness of mind in section 367 (competence to stand trial).
• Petty organised crime redefined: The revised Bill includes a precise definition of petty organised crime.
  • Theft under it would include trick theft, theft from vehicle, dwelling house, or business premises, cargo theft, pickpocketing, theft through card skimming, shoplifting, and theft of Automated Teller Machine.
• Community Service: It adds community service as a punishment. It extends this punishment to offences such as: 
  • Theft of property worth less than Rs. 5,000, 
  • Attempt to commit suicide with the intent to restrain a public servant, and 
  • Appearing in a public place intoxicated and causing annoyance.

Key Challenges with BNS

• Age of Criminal Responsibility: Under IPC, nothing is considered an offense if committed by a child below the age of seven years. The age of criminal responsibility increases to 12 years, if the child is found not to have attained the ability to understand the nature and consequences of his conduct.  
  • The BNS retains these provisions. This age is lower than the age of criminal responsibility in other countries.
  • For instance, in Germany, the age of criminal responsibility is 14 years, whereas in England and Wales, it is 10 years. 
  • In 2007, a UN Committee recommended that states set the age of criminal responsibility to above 12 years.
• Aspects of Sedition Retained: The new provision retains certain aspects of the offense of sedition and broadens the range of acts that could threaten India’s unity and integrity.  
  • Terms like ‘subversive activities’ are also not defined, and what activities will meet this qualification is unclear.  
  • In the Constitution Bench judgment of 1962 in the Kedar Nath Singh versus State of Bihar case, the Supreme Court limited the application of sedition to acts with the intention or tendency to create public disorder or incite violence.
• Solitary Confinement: Provisions on solitary confinement do not align with Court rulings and expert recommendations, it may violate fundamental Rights.
  • The Supreme Court ruled in Unni Krishnan & Ors. v. State of Andhra Pradesh & Ors., that the right against solitary confinement is protected under  Article 21.
• The Scope of Community Service: It does not define what community service will entail and how it will be administered.  
  • The Standing Committee on Home Affairs (2023) recommended defining the term and nature of ‘community service.’
• Offences against Women: The BNS retains the provisions of IPC related to rape. It has not addressed several recommendations made by the Justice Verma Committee (2013) and Supreme Court on reforming offences against women.
  • For Example: As per  IPC s.375 – Rape should not be limited to penetration of the vagina, mouth, or anus.  Any non-consensual penetration of a sexual nature should be included in the definition of rape.  
  • The exception to marital rape should be removed as the marital rape has not been made an offence under BNS.
• Drafting Issues: There are several drafting issues in the BNS.
  • Section 377 specifies “intercourse against the order of nature against any man, woman or animal” an offence; the Supreme Court read this down to exclude consensual sex between adults.   

• • The BNS does not retain section 377. This implies that rape of an adult man will not be an offence under any law, neither will having intercourse with an animal. 

About The Bharatiya Nagarik Suraksha Sanhita, Act 2023 (BNSS) or The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) 

• It was introduced in Lok Sabha on August 11, 2023 to replace the Code of Criminal Procedure, 1973 (CrPC). 
• Incorporating some recommendations of the Committee, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS) was introduced on December 12, 2023.
• Key Features: The CrPC governs the procedural aspects of criminal justice in India. The BNSS retains most of the provisions of the CrPC.
• Separation of offences:  The CrPC classifies offences into two categories: Cognisable and Non-Cognisable.  
  • Cognisable offences are those in which the police can arrest and initiate an investigation without a warrant.  
  • Non-cognisable offences require a warrant, and in some cases, a complaint by the victim or a third party.
• Nature of offences:  The CrPC deals with various types of criminal offences, ranging from traffic violations to murder.  
  • It distinguishes between bailable and non-bailable offences, specifying the offences for which an accused has the right to bail from police custody. 

Key Changes Proposed Include

• Detention of Undertrials:  As per the CrPC, if an accused has spent half of the maximum period of imprisonment in detention, he must be released on personal bond. This does not apply to offenses punishable by death.  
  • The BNSS2 adds that this provision will also not apply to: 
    • Offences punishable by life imprisonment, and 
    • Persons against whom proceedings are pending in more than one offence.
• Medical Examination:  The CrPC allows medical examination of the accused in certain cases, including rape cases. Such examination is done by a registered medical practitioner at the request of at least a Sub-inspector level police officer.  
  • The BNSS provides that any police officer can request such an examination.
• Forensic Investigation:  The BNSS mandates forensic investigation for offenses punishable with at least seven years of imprisonment. 
  • In such cases, forensic experts will visit crime scenes to collect forensic evidence and record the process on a mobile phone or any other electronic device.  
  • If a state does not have a forensics facility, it shall utilize it in another state.
• Signatures and finger impressions:  The CrPC empowers a Magistrate to order any person to provide specimen signatures or handwriting.  
  • The BNSS expands this to include finger impressions and voice samples. It allows these samples to be collected from someone who has not been arrested.
• Timelines for procedures:  The BNSS prescribes timelines for various procedures.  
  • For instance, it requires medical practitioners who examine rape victims to submit their reports to the investigating officer within seven days.  
• Preventive Detention: Ambiguity in the earlier bill permitted the preventive detention to continue until the person is produced before a Magistrate.
  • The revised Bill has introduced a strict timeline i.e., the detained person must be produced before the Magistrate or released in petty cases within 24 hours.

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Key Issues with BNSS

• The Procedure of police Custody altered: The Constitution and CrPC prohibit detention in police custody beyond 24 hours exclusive of the time necessary for the journey from the place of arrest to the magistrate court. 
• The Magistrate is empowered to extend it up to 15 days if the investigation cannot be completed within 24 hours.  
  • The BNSS allows up to 15 days of police custody, which can be authorised in parts during the initial 40 or 60 days of the 60 or 90 days period of judicial custody.  This may lead to denial of bail for the entire period if the police has not exhausted the 15 days custody.
  • Thus, it expands the maximum limit of police custody under general criminal law from 15 days to either 60 days or 90 days (depending on the nature of the offence) increasing the risk of exposure to police excesses and impacting civil liberties
  • The  Standing Committee (2023) recommended clarifying this clause’s interpretation. 
• The power to use Handcuffs: The BNSS provides for the use of handcuffs during arrest in heinous crimes like rape and murder.
• The power of the police to use handcuffs has been expanded beyond the time of arrest to include the stage of production before court as well.
  • The Supreme Court has held that the use of handcuffs is inhumane, unreasonable, arbitrary, and repugnant to Article 21.
• Rights of the Accused: As per the CrPC, if an undertrial has served half the maximum imprisonment for an offence, he must be released on a personal bond.  This provision does not apply to offences punishable by death.  
  • The BNSS retains this provision and adds that first-time offenders get bail after serving one-third of the maximum sentence. 
  • However, it adds that this provision will not apply to: 
    • Offences punishable by life imprisonment, and 
    • Where an investigation, inquiry or trial in more than one offence or in multiple cases are pending. 
  • For example, Rash and dangerous driving is a punishable offense under the Motor Vehicles Act, 1988 and the IPC. Upon filing of chargesheets,  multiple offenses may make undertrial prisoners ineligible for bail. Scope For Plea Bargaining May Be Limited: Plea bargaining was added to the CrPC in 2005. It is not allowed for offences punishable with a death penalty, life imprisonment, or imprisonment term exceeding seven years. The BNSS retains this provision.  
  • This limits plea bargaining in India to sentence bargaining, that is getting a lighter sentence in exchange for the accused’s guilty plea.

• Safeguards On The Attachment Of Property: The CrPC allows police to seize property. This is applicable only to movable properties. 
  • The BNSS2 extends this to immovable properties as well. 
  • The power to attach property from proceeds of crime does not have safeguards provided in the Prevention of Money Laundering Act.
• Overlaps With Existing Laws: Over the years, special laws have been enacted to regulate various aspects of criminal procedure.  However, the BNSS retains some of the procedures.
  • Under CrPC, a Magistrate may order a person to have sufficient means to make a monthly allowance for the maintenance of their father or mother (who cannot maintain themselves). 

• • The BNSS retains this provision, duplicating the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provisions.
• Excess Powers to Police: It gives wide powers to the police to arrest, search, seize, and detain without any judicial oversight or safeguards.
• Data Collection For Criminal Identification: With Criminal Procedure (Identification) Act, 2022 allowing for data collection of criminals and accused, the need for retaining data collection provisions and expanding on them in the BNSS is unclear.  
  • The constitutional validity of the 2022 Act is under consideration before the Delhi High Court.

About Bharatiya Sakshya (Second) Act 2023 (BSB)

• The Bharatiya Sakshya (Second) Bill, 2023 was introduced on December 12, 2023 after the earlier Bill was withdrawn. 
• It incorporates most of the suggestions made by the Standing Committee on Home Affairs.

Key Features of Bharatiya Sakshya (Second) Act 2023 (BSB) 

The Bharatiya Sakshya (Second) Act 2023 (BSB) retains most of the provisions of the IEA. These include;

• Admissible Evidence: Parties involved in a legal proceeding can only present admissible evidence.  Admissible evidence can be classified as either ‘facts in issue’ or ‘relevant facts.’    
• The IEA provides two kinds of evidence  documentary and oral evidence.  

• A proved fact:  A fact is considered proven when, based on the evidence presented, the Court believes it to either: 
  • Exist, or 
  • Its existence is so likely that a prudent man should act as if it exists in circumstances of the case.
• The admissibility of electronic records as evidence: The IEA allows electronic records to be admitted as secondary evidence and specifies the procedure to admit such evidence.  
  • The BSB amends this to clarify that electronic records produced from proper custody will be considered primary evidence, unless disputed
• Police confessions: Any confession made to a police officer is inadmissible. Confessions made in police custody are also inadmissible, unless recorded by a Magistrate.  
  • However, if a fact is discovered as a result of information received from an accused in custody, that information may be admitted if it distinctly relates to the fact discovered.  
• Documentary Evidence:  Under the IEA, a document includes writings, maps, and caricatures. 
  • The BSB adds that electronic records will also be considered as documents. 
• Oral Evidence: Under the IEA, oral evidence includes statements made before Courts by witnesses in relation to a fact under inquiry. 
  • The BSB allows oral evidence to be given electronically.
• Secondary Evidence:  The BSB expands secondary evidence to include: (i) oral and written admissions, and (ii) the testimony of a person who has examined the document and is skilled to examine the documents.  
• Joint trials: A joint trial refers to the trial of more than one person for the same offence. 
  • The BSB adds an explanation to this provision. It states that a trial of multiple persons, where an accused has absconded or has not responded to an arrest warrant, will be treated as a joint trial.

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Key Issues with Bharatiya Sakshya (Second) Act 2023 (BSB) 

• Tampering of electronic records: In 2014, the Supreme Court recognised that electronic records are susceptible to tampering and alteration. 
  • The Standing Committee on Home Affairs (2023) noted the importance of safeguarding the authenticity and integrity of electronic and digital records as they are prone to tampering.
• Challenges to Facts Discovered in Police Custody: As per the IEA, information obtained from an accused person in police custody can be used as evidence if it directly relates to a discovered fact,  this provision is retained in the BSB.
  • The Law Commission (2003) recommended that fact discovered in police custody using threat, coercion, violence, or torture should not be provable.
• Admissibility of fact: The BSB retains the provision of IEA that information received from an accused in police custody is admissible if it relates to a fact discovered, whereas similar information is not admissible if it was received from an accused outside police custody.  
  • The Law Commission (2003) had suggested re-drafting the provision to ensure that information relating to facts should be relevant whether the statement was given in or outside police custody.
  • For Example, Malimath Committee: Repeal sections on confessions to police officers (IEA. S.25-29).

Conclusion:

The revised three criminal laws redefine specific offenses while enhancing the penalties for crimes like terrorism, mob violence, offenses against the nation’s security and sovereignty, and various others. However, the true essence of overhauling the criminal justice system might not be fully realized since, achieving lasting change demands not only legislative amendments but also a comprehensive revaluation of institutional cultures and practices, aiming for a more just and effective system.

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